CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD JANUARY 29TH, 1849.
MINUTES OF EVIDENCE,
Taken in Short-hand
33, Southampton-street, Strand.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 29th, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE , LORD MAYOR of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Charles Farebrother, Esq.; John Humphery, Esq., M.P.; Sir William Magnay, Bart.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: Thomas Farncomb, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq., M.P.; Francis Graham Moon, Esq.; David Salomons, 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.
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
DUKE, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to he the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 29th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREEROTHER; Mr. RECORDER; Mr. Ald. FARNCOMB; and Mr. Ald. CHALLIS.
Before Mr. Recorder and the First Jury,
NOT GUILTY .
436. WILLIAM CARTER , stealing 1 pewter pot, value 1s.; the goods of David Hughes: also 1 pewter pot, 1s.; the goods of James Wyatt: also 1 pewter pot, 1s. 6d.; the goods of William Parish: to all of which he pleaded
GUILTY . Aged 25.— Confined Nine Months.
GUILTY . Aged 36.— Confined Eighteen Months.
The prosecutor stated his loss to be 200l.
GUILTY . Aged 17.— Confined Six Months.
NICHOLLS pleaded GUILTY .* Aged 17.— Confined Four Months.
HENRY MILLER . I am a watchman, in the employ of Thomas Pillow. On 27th Dec. I watched the barge Luke all night, and left her at the Wapping entrance of the London Dock—I returned about twelve o'clock in the day, and found the heads of two casks knocked in, and missed some cheese from them, which was in Mr. Pillow's care.
JONAS WEBB . Between eleven and twelve o'clock in the day I was at Wapping Old-stairs, and saw the prisoner and another on the barge—Nicholls was cutting cheese out of one of the casks—Moulding jumped on shore, and put some cheese into his breast—I told an officer.
in Moulding's pocket; he said he had bought a pennyworth of cheese the night before—the cheeses were too large to be removed from the cask—here is a hole in each cheese; this piece of rind exactly fits—the knife smelt of cheese—it was not in the pocket with the crumbs.
MOULDING— GUILTY . Aged 17.— Confined Four Months.
ALLEN pleaded GUILTY . Aged 18.— Confined One Year.
JAMES SCOTT (City-policeman, 560). On 17th Jan. I saw the prisoners in Eastcheap, following several gentlemen, and lifting their coat-tails—Allen put his hand into a gentleman's pocket, and took out a handkerchief—Copping could see him—they both went up Philpot-lane—I took Allen, and found two handkerchiefs under his shirt, and four on Copping, two about his legs, and two under his shirt.
COPPING— GUILTY .** Aged 18.— Confined One Year.
HENRY LAMBOURN . On Sunday morning, 14th Jan., I was in Aldersgate-street. The prisoner and another woman ran against me, and asked me to treat them—I said, "No"—they asked me repeatedly to go with them—I would not—they let me go, and I missed my purse and money—I found it in the prisoner's hand—there was about 26s., in silver, in it—I gave it, and the prisoner, to a policeman, who was just crossing the road.
Prisoner. You wanted the other woman to take you home; she would not; you went on, turned back, and accused us of robbing you; I thought you were joking; you took the money from your pocket, and gave it to the policeman. Witness. I took it out of your hand—I had not returned it to my pocket—this was in the night, between one and two o'clock.
GUILTY .*† Aged 37.— Confined One Year.
GUILTY . Aged 22.— Confined Eighteen Months.
NEW COURT.—Monday, January 29th, 1849.
PRESENT—Mr. Ald. CHALLIS and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
THOMAS SMITH (policeman, F 43). On Wednesday, Dec. 13th, I was called to a linendraper's shop in Long Acre, and from what I heard I followed the prisoner who was in Drury-lane—he went into another draper's—I followed him in—I saw this piece of ribbon lying on the counter before him—the shopman told me in his presence that he had been offering it for sale—the prisoner told me that he had been in business three years ago, and this was a part of his stock—in going to the station he said his wife had sent him the ribbon from the country—I searched him, and found on him some duplicates, one of which relates to some articles which I produce.
Cross-examined by MR. PARNELL. Q. He said he had been in business before? A. Yes, at 2, New-street, Oxford-street, but I ascertained he had been in business at 2, New-street, Dorset-square—he said he was selling the remains of his stock—he did not say it was because he was in distress.
JAMES REID . I am a linendraper, at 19, Edgeware-road. I had a shop at Woolwich—the prisoner was in my service as shopman in London, and afterwards at Woolwich—he left in the middle of Dec.—this silk and linen are my property—I saw them both safe in my stock at Woolwich on the last Sunday in Nov.—the prisoner was then in London—he arrived in Woolwich about three hours after I left there—I did not see him arrive—he had been three separate times in my service, and the last time he was with me four months, nearly—these two pieces of tape are mine—they were found at the prisoner's lodgings; they have my writing on them—these things were all kept at Woolwich—I know this ribbon; it should have been in the indictment.
Cross-examined. Q. Look at this bill (producing one). A. It is one of my bill heads—I have two shops at Rochester—the one at Woolwich was given up on the 25th of Dec.—I had it three months, and I have had that in Edgeware-road about three years—the Woolwich one did not answer my purpose—I put a placard in the window of bankrupt stock—what they call an advertising sale of bankrupt stock is not my business—drunkenness was the reason of the prisoner leaving me—I owed him something—I did not pay him when he left, because he was in a state of drunkenness, and not capable of taking care of it—I told him to go immediately—I gave his wife sufficient to carry him to town—I swear that he never applied to me for wages—he and his wife were the sole persons who were there—the customary time for paying was once in three months—there were deductions to be made from the wages, for goods he had had, and he had staid away a week—the greater portion of the deduction was for a square of plate glass which he broke, amounting to 5l. 10s., in my shop in Edgeware-road—the deductions amounted to more than his wages—I can swear to these pieces of tape by a "U" on them, which is my private mark—one of them is now rubbed off, but I saw it on it when I saw it before—I cannot tell how many persons use a "U" for a private mark—this chanced to be the mark of the house when I came to it—this linen has "N 3/4" on it in my writing—I swore to this silk by the mark, but it has been cut since I saw it—the mark is off it now—I hive four or five persons who serve in my different shops—it is not their duty to take the private mark off an article when they sell it—I know Lofthouse—he was serving in my shop at Woolwich—he may have had a handkerchief or some little thing, instead of wages, but not to the amount of more than five or six shillings.
CHARLES JOHN THRIFT . I am in the service of Mr. Barker, a pawnbroker, in Great Portland-street. I produce this silk, some plaid silk, and some flannel pawned by a female, who I believe was the prisoner's wife.
Cross-examined. Q. Mr. Reid says that since the prisoner was before
the Magistrate some part of this silk has been cut off? A. No—a small slip was cut off for a pattern before Mr. Reid saw the piece—it has been kept locked up in a drawer.
WILLIAM MAYES (policeman, F 17). I heard the prisoner give an address at 5, Grafton-street, Soho—I went there and received information—I went to 5, Adam-street West, Edgeware-road, and I found these two pieces of tape, which the prosecutor identifies.
Cross-examined. Q. Did you ascertain that the person at 5, Grafton-street, was a relation of the prisoner? A. Yes; they said they did not know anything about him—they did not tell me that he occasionally lodged there.
Witnesses for the Defence.
GEORGE ASHLEY . I am eleven years old. I know the prisoner and his wife—I fetched some tape for his wife, three or four weeks ago, from the prosecutor's shop in the Edgeware-road—I gave 2d. each for them—I gave them to Mrs. Quick—they were like these—I do not know whether there was any mark on them—I cannot say whether it was before Christmas.
CAROLINE GOLDING . I am the wife of Mr. Golding; we live in Sovereign-mews, Edgeware-road. I have known the prisoner and his wife about six years—he has always borne a very respectable character for honesty—I knew him when he kept a shop in Tottenham-court-road, and I have bad almost every article of linen-drapery in my possession from Mrs. Quick—I recollect having seen this piece of silk in her possession, about four years ago—I know it by the pattern—I was going to buy it, but it was not sufficient for a dress.
COURT. Q. Where was it you saw it? A. At 7, Cambridge-street, after they had left the shop—I was then living in Cambridge-street—they bad some black silk as well—I know this silk by the pattern and the quantity—it was twelve yards—I require fifteen yards for a dress.
GUILTY of stealing the linen.—Recommended to mercy by the Jury .— Confined Eight Months .
GUILTY . Aged 34.— Confined Six Months.
GUILTY . Aged 32.— Confined Twelve Months.
GUILTY .* Aged 23.— Confined Twelve Months.
GUILTY .* Aged 17.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 32.— Confined Twelve Months.
SOPHIA PHILLIPS . I am the wife of Charles Phillips, a carpenter it Great Titchfield-street. On 21st Dec. I had a petticoat and shawl hanging on a line in the yard—I saw them safe about five o'clock—about eight I saw the prisoner in the yard—I bad a candle in my hand, and I am certain she is the woman, I was about two yards from her—I went into the passage, shut the street-door, and gave an alarm—when I did so, the prisoner rushed through the passage, opened the street-door, went out, and held the door in her hand—Sarah Turner came down and took hold of the door inside—the prisoner let go, and we went out and took her about two yards from the door—I went into the yard, and found the petticoat and shawl down in the corner of the yard where the prisoner had been standing.
Cross-examined by MR. ROBINSON. Q. How large is the yard? A. About five or six yards—there is no entrance to it but through that passage.
SARAH TURNER . I live at No. 113, Great Titchfield-street Mrs. Phillips lives in a cottage at the back—on 21st Dec, about eight o'clock, I heard her call out—I went down and saw the prisoner ran across the passage—she went to the street door, opened it, and went out—I followed and caught her—she said she was not the woman—I took her back and gave her in charge.
Cross-examined. Q. You never saw her before? A. No; I am sure of her—I am living with Mrs. Christy, my aunt—she is living by the business that her husband left her, which is carried on by Mr. Haigh—this cottage at the back belongs to the front house—we have the use of the yard as well at Mr. Phillips—there are other lodgers in the house.
GUILTY . Aged 49.— Confined Twelve Months.
WILLIAM CARTER . I am in the service of Mr. William Brayley Wedlake. On Saturday afternoon, 20th Jan., I saw the prisoner in my master's yard, about five o'clock; he was driving six: ducks and a drake, belonging to my master—he bad no business to drive them—I knew him, and am sure it was him—I went to the top of the yard, and saw him leave the yard with something under his smock-frock—I said, "What have you got there?"—he made no answer, but went on—I went back to the yard in about five minutes, and missed the drake—I went to the privy, which is in the yard, and found there some blood and feathers—the prisoner came into my master's tap-room in about two hours and a half afterwards—the policeman was fetched, and he was given in charge—he was searched, and I saw some feathers under his frock, and some blood on his shirt—those feathers looked like the feathers of my master's drake—I heard the prisoner
say he had had occasion to go to the privy—there was no one in the yard but him.
THOMAS DENTON (policeman, T 100). I was sent for on Saturday evening, the 21st. I went to the privy—I saw some blood and feathers—no person could have sat there without wiping off the blood—I took the prisoner in the tap-room; he had some white and black feathers under his frock, similar to those I found in the privy,
Prisoner's Defence. I had occasion to go into the yard to feed a sow; the ducks came up, and I drove them away; I went to the privy, and there was nothing there then; I afterwards went to the tap-room again; the feathers under my frock were from a turkey cock and hen, which I had taken to a gentleman's house; the blood on my shirt was from having killed a pig in the morning.
GUILTY . Aged 30.—Recommended to mercy by the Prosecutor.— Confined One Month ,
JOHN HENRY MILLNS . I live at 76, Cornhill, in the house of Mrs. Louisa Heppel—she does not reside in it—my wife carries on the business for her, and I reside in the house—the servants are under my control—I sleep in the third-floor front room—on the 4th Jan., I had occasion to go up to that room; it was kept locked—I took the key up in my hand—when I got to the door I found it standing ajar, and the prisoner standing in the room in front of the chest of drawers—the bottom drawer was kept locked—I found it had been forced open, the bolts of the lock still projected—I found a gown and a shawl on the floor—they had before been in the drawer—I laid bold of the prisoner, and called for the police—he got from me, but he was stopped on the first-floor—he got away again, and he fell at the bottom of the stairs, and was taken by the policeman—I went up-stairs again, and found these two instruments where the prisoner had been standing—I examined the drawer, it had been opened by such an instrument as this—the gown and shawl were my wife's.
Prisoner. Q. Did you see your wife put these things away? A. I know they were put away—it is just possible I might put them into the drawer myself—I was the last that left the room that morning—I had had the key in my possession—I left the room about ten minutes to nine o'clock—I put the key on the mantel-piece in the ice-room—I was in that room, and in the shop which communicates with it, till half-past twelve, when I went up-stairs and found you there—my wife had not been up-stairs, and had not had the key—no one had it till I went up, and took the key in my hand—when I left the room in the morning there was nothing on the floor.
MICHAEL HIGGINS (City-policeman, 661). I was called to 76, Cornhill, and took the prisoner into custody—I received this jemmy and skeleton key from Mr. Millns—this key is for opening the room door, and the jemmy for prizing the drawer.
Prisoner's Defence. I happened to go there to know if they wanted anything, and there was a row on the staircase, and they shoved me down stairs.
CHARLES CHAMBERS (City-policeman, 523). I produce a certificate of the prisoner's former conviction at this Court, by the name of Abraham Davis—(read—Convicted Feb. 1839, confined two years)—he is the person—he was also tried in 1841, and sentenced to be transported for ten years.
GUILTY . Aged 32.— Transported for Ten Years.
OLD COURT.—Tuesday, January 30th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. FARNCOMB; and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Second Jury.
GUILTY .* Aged 19.— Confined One Year.
NOT GUILTY .
GUILTY . Aged 16.—Recommended to mercy.— Confined Three Months.
ALFRED WHITAKER . I am a solicitor. On 12th Jan., about six o'clock in the evening I was passing along Cranbourn-street, and felt a pull at my coat pocket, I immediately turned and saw three young men, the middle one of whom was the prisoner; he had my handkerchief in his hand—I immediately seized him, took the handkerchief from him, and held him till I met a policeman, and gave him in charge—the other two ran away—the prisoner pointed to one of them, and said he was the one that stole it—this is my handkerchief (produced).
Prisoner's Defence. I picked it up.
GUILTY . Aged 18.— Confined One Year ,
GEORGE DUPERE pleaded GUILTY . Aged 17.— Confined Three Months ,
SAMUEL BIRD . I am a cabinet-maker, in partnership with Charles Cliff, at 57, Worship-street. The prisoners worked for us about twelve months back, and were both discharged in consequence of a suspicion about their character—about six o'clock on the evening of 10th Jan. I had a marble top for a wash-stand—I missed it next morning—on 17th Jan. I saw it in Mr. Eagle's shop—this is it (produced).
THOMAS ICKLEY . I live at 28, Richard-street, Limehouse. I am occasional clerk to Mr. Eagle, of New-road, Whitechapel—on the evening of 10th Jan. the two prisoners came together with this marble top—George carried it, and William asked me to purchase it—I asked what he wanted for it, and whose it was—he told me it was his own, that he had been removing his furniture, and met with an accident and broke it—he wanted 8s. for it—I said we were not in the habit of buying anything incomplete, and it was of very little value, I could only give 5s.—he said it was too little, and they went away together—in about a quarter of an hour he returned, and said he had had several biddings for it, and he was tired, and I should have it for 5s.—he said it was a shameful price—I did not suspect anything.
HENRY TURPIN (policeman, G 128). I took William, told him what he was charged with, and asked him where he had sold it—I took him to Mr. Eagle's shop, and Ickley stated in his presence that he was the man that brought the marble top, and that he had paid him for it.
GEORGE TEAKLE (Police-sergeant, H 8). I produce a certificate—(read—William Dupere, convicted Sept. 1847, confined three months—the prisoner is the person. WILLIAM DUPERE— GUILTY . Aged 27.— Confined Fifteen Months.
JOHN RAPSON . I am a labourer, and live at 4, Queen-street, Aldgate. On 4th Jan., I went into a public-house in Mint-street with two girls—the prisoner was one—I treated them with a quartern of rum—I paid a shilling, and the prisoner took up the change, 9d., and went out with it—I followed her out, and demanded the money—she gave me 7d. of it back—I went into Brown Bear-alley with her, and made a stop there, and began to unbutton my clothes, and she began to unbutton them, and directly she went away I missed my watch—I was not drunk—I never saw the prisoner before—I am quite sure she is the woman.
EDWARD CARTER (policeman, H 215). I took the prisoner into custodyon Friday, at about thirty or forty yards from the Brown Bear-alley, and the prosecutor identified her and charged her with taking his watch—she made no answer—I did not know her before—I took her from a description—the property has not been found.
Prisoner's Defence. I never was in his company.
NOT GUILTY .
JAMES MAYHEW (policeman, H 96). On 1st. Jan., between seven and eight o'clock in the morning, I went to a coffee-shop in Whitechapel, and found the prisoner there—I heard some fowls make a noise, and said to the prisoner, "Halloo, you have some fowls"—he said, "Yes, I have some nice bantams; do you want any?"—he was sitting with his hands between his legs, and a bag between them—I asked him to let me look at them—I looked in the bag, and they were not bantams—I asked where he got them—he said from his uncle at Epping, from his cart in Whitechapel—he afterwards said he did not want to sell them; he was going to take them to his father's—I took him into custody.
Prisoner. I did not ask him whether he wanted to buy them; I bought them of a man out of a cart. Witness. He said his father had sent him for them—the coffee-shop is about a mile and a half from the prosecutor's.
GUILTY .** Aged 18.— Confined One Year.
road. On 18th Jan. between twelve and one o'clock, I wat passing the principal entrance to St. Katherine's Docks—a gentleman called my attention to the prisoner, who was before me—I ran after him, and when I was close behind him he dropped a handkerchief which he had taken from my pocket—I followed and secured him—he said it was the first offence he had ever committed; he did it from starvation; and begged me to have mercy on him—this is the handkerchief (produced.)
GUILTY . Aged 18.— Transported for Ten Years.
NEW COURT.—Tuesday, January 30th, 1849.
PRESENT—Mr. Ald. SALOMONS; Mr. Ald. SIDNEY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 27.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY STYLE . I am a licensed victualler of Houndsditch. On 5th Jan. the prisoner came and asked for threepennyworth of brandy, and offered me a bad crown—I gave it to my nephew, and sent for an officer—the prisoner found 3d. and paid for the brandy—the officer was not acquainted with her, and I let her go—I marked the 5s.-piece, and gave it to the officer—this is it.
GEORGE BETHEL . On 6th. Jan., about five o'clock, the prisoner came to my uncle's shop for a sixpenny pot of bear's grease—she offered me a bad crown—I called my uncle—he gave the prisoner into custody.
CHARLES WRIGHT . My nephew called me and gave me the bad 5s.-piece—I asked the prisoner where she got it—she said it was given her by her father to purchase a pot of bear's-grease—I called the officer.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
me with a bad shilling—I told him it was bad—he said he had another good one—I said that would not do, and went out for a policeman—the prisoner followed me out, passed me, and I followed him some distance till we got near the police-station—I called to a young man to run into the station—the prisoner then ran off as hard as he could—I followed him—he stopped against a wall near a gateway, stooped down, and secreted something—he then walked on to North End—he turned down a lonely road towards the fields—I left and went back—I met the policeman directly afterwards—he went with me to where I had seen the prisoner stop, where we found six bad shillings—we remained there, and the prisoner came up—he was dressed in black when he came to my shop, and had his coat on hit arm—when he came back he had his coat on, and a coloured handkerchief round his neck—I marked the shilling he gave me, and gave it to the officer.
GEORGE WARNER (policeman, V 304). I went to the gateway with Mr. Parker, and found six shillings—the prisoner shortly afterwards came to the spot, and I took him—he had a white cravat on, and a handkerchief over it—this is the shilling I received from Mr. Parker.
GUILTY . Aged 32.— Confined One Year.
WILLIAM MILLERMAN (policeman, B 95). On Thursday evening, 11th Jan., about six o'clock, I saw the prisoners in company, in Dean-street, Westminster, talking together—I am sure of them—I was at the station about nine, and found them there, in custody.
ANN RACKSTRAW . I am sister to Mr. Rackstraw, a baker, of Arabella-row, Pimlico. On 11th Jan., a little before seven o'clock in the evening, Morgan came into the shop for an Abernethy biscuit—it came to a penny—she gave me a sixpence—I gave her change, and put it into the till on one side—it dropped in a part where there was no other money—my sister went to the till about ten minutes afterwards; I was standing by her side—she took the sixpence up and said it was bad—no one had been to the till—I am sure it was the same—it was laid on the back counter, separate from other money—a policeman came in, and my sister, in my presence, gave it to him.
EDMUND BOX . I am a stationer, of Lower Eaton-street, Pimlico. On the evening of 11th Jan., Morgan came to my shop, and asked for a sheet of paper—she tendered a sixpence—I said it was bad, and cut it in half—my father went to the door, and spoke to a policeman—I gave him the sixpence.
GEORGE HILL (Policeman, B 188). I received information, and took theprisoners—a bad sixpence fell from Morgan—I took it up, and gave it to thesergeant; this is it—I found on Jones fivepence in copper, and an Abernethy biscuit—I received this sixpence, cut in two.
Jones. Q. Did you notice a woman there? A. Yes; she tried to pick up the sixpence.
WILLIAM BUTLER (Police-sergeant, B 3). I was with Hill, and followed Ithe prisoners—I took Morgan—she opened her hand, and this sixpence fell from her—Hill took it up and gave it to me—I saw the prisoners speaking together—We followed them for half a mile.
----RACKSTRAW. I am the sister of Ann Rackstraw. I went into the shop, after the prisoner was gone, and took a sixpence out of the till—my
sister was there, it was not mixed with any other money—it laid on the partition, quite apart.
MORGAN— GUILTY . Aged 27.
JAMES— GUILTY . Aged 25.
Confined One Year.
JANE PALMER . I am in the service of Evan James, a milkman, of Sutton-street, Clerkenwell. On Friday evening, 12th Jan., the prisoner came, and had three eggs—they came to 3 3/4 d.—he gave me a half-crown—I put it into my pocket, gave him change, and he went away—I had no other silver in the house—my master came home about five o'clock—I showed him the half-crown—he said it was bad, and gave it me back—I marked it, and gave it to the policeman, and described the prisoner.
ELIZABETH PAINTER . I am the wife of Richard Painter, a greengrocer, of Compton-street. On Saturday evening, 13th Jan., the prisoner came for a quarter of a hundred of coals—he gave me a bad half-crown—I broke it into three pieces, called a policeman, and gave the prisoner into custody—he had one of the pieces of the half-crown—I gave the other two to the officer.
Prisoner's Defence. I am not the man who uttered the first piece.
The prisoner called
WILLIAM PRITCHARD . I live at 60, Gee-street, with my father. I was shutting up the shop on the Friday night, when Mrs. Palmer told me she bad taken a bad half-crown of a man, for some eggs, and it was a fair man, with a red handkerchief—two days afterwards, two policemen came into the shop, in disguise, to ask if that was where the bad half-crown was taken—I went in with them, and Mrs. Palmer said, "I told you it was a fresh man, with a brown coat, and he put on a red scarf in the passage.
JANE PALMER re-examined. Two policemen in private clothes came to ask me who I got the half-crown from—I am certain the prisoner is the man—it was the prisoner's son that came the next day—he had a brown coat on.
GUILTY . Aged 53.— Confined One Year
NOT GUILTY .
MESSRS. DAWSON and SLEIGH conducted the Prosecution.
ELIZABETH ADLINGTON . I am the wife of William Adlington, of the Blue-lion, Colney Hatch. I was there serving on 10th Jan., and John Jones came in between three and four in the afternoon for a gallon of beer, and gave me a half-crown in payment—I put it into the till—he went away—he came
back two hours afterwards with Ellen Jones and a young man who was not taken—they called for a pot of beer—I served them, and then two or three more pots—John Jones gate me a half-crown—I put it into the till—John Jones then asked for more beer—the young man paid for that with a half-crown—I put it into the till—they stayed till near ten o'clock at night—Ellen Jones gave me a 5s.-piece for some more beer.
ELIZABETH DANES . I live at the Orange-tree public-house, at Barnet. On 10th Jan., about eleven at night, the prisoners came to our house with another man—they asked for a pot of beer—one of them gave me a half-crown—I put it into the till—after drinking that, Ellen Jones asked for a half-pint of rum—I gave it her—she gave me a half-crown, which I laid on a shelf beside the till—they afterwards asked for another half-pint of rum—John Jones gave me a half-crown to pay for that—I took it to my mother—I then went back to look at the other half-crown on the shelf, and it was a bad one—I then, went to the till, and took out the same half-crown that I had put in—that was bad—I gave them all to the officers.
Ellen Jones. I did not give any money at all.
John Jones. I never paid for any beer—I had not a half-crown.
ELLEN JONES— GUILTY . Aged 28. JOHN JONES GUILTY . Aged 32.
Confined One Year.
ANN MESSENGER . On 5th Jan., about half-past six o'clock, the prisoner came to my shop in Northampton-row, Clerkenwell, for a 2lb. loaf—it cost 3d.—she gave me a shilling—I bent it and told her it was bad—she wished me to give it her back, as she had taken it in Exmouth-street of a butcher, in change for a half-crown for a bit of steak—I said if she would fetch the man I would give it to him, but not to her—she left to fetch him, but did not come back—I went out after her, saw two officers, described her, and gave them the shilling.
GEORGE ALLEN (police-sergeant, G 46). On 8th Jan., about half-past twelve o'clock, I saw the prisoner in Bagnigge Wells-road, with a basket—I apprehended her—the basket contained a half-crown and four shillings (produced)—she
made some resistance—I asked where she got them—she said a young man gave them to her.
Prisoner's Defence. I was never in the house.
GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged 21.— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
THOMAS EMERSON (policeman, V 66). On 19th Jan. I was at Twickenham, in plain clothes, watching Drawater's house—Heath came there about eleven o'clock in the morning with a wagon—he took half a trass of clover hay from it, put it down by Drawater's house, untied it, and put a portion before the horses—he then went into the house, Drawater followed him, but returned in six or seven minutes, looked into the wagon, took some lighter clover hay, and put it into his shed, and his boy took up what stood by the house in his presence, and took it into the stables—I called another constable, and waited till the wagon started, just before one o'clock—I stopped Heath, and asked what had become of the bay he took out of the wagon—he said the horses had eaten it—I said, "What has become of that in the stable"—he said there was none—I gave him in charge, and found this hay (produced) in the stable, and Drawater's pony eating it—it weighs 23lbs.
Cross-examined by MR. ROBINSON. Q. Where were you? A. About fifty or sixty yards off; on Richmond-bridge—I live within 200 yards of Drawater's—I went into a public-home opposite hit house, and watched from the window.
GEORGE GOULDER . I am foreman to Henry Stevens and another. Heath was in their service—he left about five o'clock in the morning of 19th Jan. with a wagon to go to Mr. Steven's, at Richmond, with a load of straw—he was allowed half a truss of hay for his horses.
Cross-examined. Q. How long has he been there? A. Six or seven years—I never suspected him—he would have to stop somewhere to dine.
HEATH— NOT GUILTY .
DRAWATER received a good character.
GUILTY . Aged 48.— Confined Four Months.
WILLIAM BELL . I am a wholesale clothier, of Jewry-street. The prisoner was in my employ—on 5th Jan. I gave him a piece of fustian in the cutting-room to cut into trowsers—I did not miss it, as I have a very large stock—he had no business to take it off the premises—this is it (produced)—it is mine—I am sure of it.
Cross-examined by MR. PRENDERGAST. Q. Have you a piece which fits? A. No—I find he has put down more in his book than the trowsers would take—you never find two pieces of fustian alike—I buy it of the manufacturer—I only know it by the colour—I did not know the prisoner was in the habit of buying things himself, and making them up until I heard it at the
examination—I think he stole them—he bought none of me, except some toweling—I buy pieces of fustian at sales.
Cross-examined. Q. He gave you his real name and address, and where he worked? A. Yes.
MR. PRENDERGAST called
THOMAS WILLIAM KING . I am traveller to Brotherton and Co., clothiers, of Houndsditch. I know the prisoner—he used to purchase on his own account, and make up waistcoats and trowsers, which I have sold for him—a manufacturer would make a great many pieces of fustian at the same time, and all would be of the same shade.
NOT GUILTY .
JOSEAH WARD (City-policeman, 628). On 6th Jan. I stopped the prisoner's wife in Gravel-lane, with something under her arm—the prisoner came out of a public-house, and said, "It is my wife, it is all right"—I said, "Where did you get this property"—he said, "I bought it in Petticoat-lane three or four days ago"—the wife bad told me she had just bought it—it was velvet and lasting—I took the prisoner to the station.
Cross-examined. Q. He told you where he worked? A, Yes.
WILLIAM BELL . In Dec. I had a number of pieces of lasting, varying from fifteen to thirty yards of blue-black lasting, which is peculiar, and quite out of fashion—I have had it ten years, and believe it to be mine—it is now in two pieces which match—the prisoner could not have taken it except in his pocket or hat, and would have to divide it—I believe this velvet to be mine—I gave some to him on Friday without measuring it—he had no business with it off my premises.
Cross-examined. Q. You buy things at sales? A. Yes—other persons do so as well—you could not get so many shoes out of the lasting in two pieces as in one—I am sore the velvet is mine—I have matched the edge with a piece I have here. (The prisoner received a good character.)
GUILTY . Aged 33.— Confined Six Months.
WILLIAM FIELD . On 4th Jan., about half-past four o'clock, the prisoner came to my office, and asked for a party in Mincing-lane who I did not know—I saw my coat safe then—he came close to my desk, and asked for a "Directory"—I put one on the table—he said, "Thank you! I have got it," and left—I directly missed my coat—it has not been found—no one else was there—I identified him a week afterwards.
Prisoner. You are mistaken in me. Witness. I am sure of you—I noticed you particularly, through your impudence in coming to me through two partitions.
Prisoner. I deny it.
GUILTY . Aged 22.— Transported for Seven Years ,
OLD COURT.—Wednesday, January 31st, 1849.
PRESENT—The Right Hon. the LORD MATOE; Mr. BARON ALDERSON; Mr. Ald. FAREBROTHER; Mr. Ald. SIDXBT; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, ESQ.
Before Edward Bullock, Esq., and the Third Jury.
GUILTY .— Transported for Seven Years.
GUILTY . Aged 29.— Transported for Ten Years.
Before Mr. Baron Alderson.
GUILTY . Aged 42.— Transported for Seven Years.
In the case of
MR. BARON ALDERSON delivered the following judgment:—"You were convicted before Mr. Baron Rolfe of the offence of manslaughter, in having by the neglect of your maternal duty, left an infant of very tender years to perish on a heap of dust. There was a question raised whether or not the second count of the indictment was sufficient, and the point was fully argued before the tribunal which is now appointed to determine questions of this sort, and the Judges, afler taking time to consider, pronounced judgment, that for the reasons which they then assigned, the indictment was sufficient to justify the passing sentence upon you; because, although in point of form the indictment would certainly have been better if it had stated the child to be of tender years, and incapable of maintaining itself; yet, inasmuch as the indictment did state that by your unlawful act of exposing; the child, in consequence of it, died, the Judges are of opinion that that averment could only be supported at the trial before the Jury, by proving that when you exposed the child, you exposed it under such circumstances as that the death necessarily and reasonably followed from that act of exposure, which it would not have done if the child was not of such tender years as to be unable to walk away, and take care of itself. Therefore, after the verdict of the Jury, we think we are bound to presume that inasmuch as the indictment stated that the child died of the exposure, it died of the exposure under circumstances in which it would not have died if it had not been of tender years.
"Sentence—Confined Two Years.
MESSRS. CLARKSON and BODKIN
conducted the Prosecution.
HELEN VAVASSEUD . I am the wife of James Vavasseud, of Queen-street-place, Southwark-bridge. I have a sister named Elizabeth Moffatt, at the Mission-school at Walthamstow—on Friday, 8th Sept., I wrote a letter to her, and posted it next morning in Watling-street, at ten o'clock—this is
the envelope (produced)—it was addressed, "Miss E. Moffatt, Mission-school, Walthamstow"—it was wafered—it contained these two notes addressed to my sister, and Miss Kydd, and a small padlock key—this is the remains of it—it has since been crushed.
FRANCES AUGUSTA GIRT . I am a governess in the Mission-school at Walthamstow—Miss Elizabeth Moffatt, who is quite a child, was staying there in Sept. last—I received this envelope, addressed to her, on a Monday in Sept.—it was then sealed with wax—we ought to have received it eight days before—I opened the envelope—it contained this key, battered in this way, and these two small pieces of paper with this pencil writing on them—there was no letter to Miss Kydd, or Miss Moffatt—I delivered the envelope, key, and papers to Holmes.
THOMAS MILLER . I am a mail-driver between London and Harrow. I am the prisoner's brother—I believe both these papers to be his writing, and also the pencil writing on this note—I believe these and other papers to be in the same writing.
ROBERT HOLMES . I am a letter-carrier in the Walthamstow district. On 18th Sept. I received some papers and an envelope from Miss Girt—I enclosed them in a letter, and sent them to Mr. Smith—letters addressed to Walthamstow sometimes get mis-sorted to the Stratford district, and sometimes to other places—the Stratford district does not adjoin the Walthamstow district, it is some short distance—(the two papers enclosed to Miss Moffatt were as follows:—"My name is wide awake. I thought this was gold, Ma'am. I sent the letter to the office." "I only get 12s. a week—I shall thieve when I can, Ma'am, and you can't help yourself."
MR. ROBERT SMITH . I am superintending president of the London district post-office. The prisoner has been about three years employed as an auxiliary letter-carrier under the Stratford post-office, and was so in Sept. last—he applied to me, and in consequence of his father's services he was appointed—he was paid 12s. a week—I think his duty commenced about seven in the morning, and he finished about twelve or half-past at noon—on 18th Sept. I received by post a letter, containing some pieces of paper, amongst them were the two letters to Miss Moffatt and Miss Kydd—this is the cover—it was posted in East Smithfield—there is a great deal of pencil writing upon the papers—(read, "I broke the key, Bobby; I thought it was gold when I opened the letter; I have been in the office some years, and was honest a long time, but I shall not be so no more for 12s. shillings a week. I have a little money, and I will have some more. I find this last two years I am getting on better, to make up my wages, good Sir, sometimes 22s. and sometimes 32s. you know Bobby Smith")—these three other pieces of paper were also enclosed in this cover—(read "All the letters I have mis-sent to my office I burn, except they got money in. I mean to give you as much trouble as I can. I will take the other men's letters and burn them in the fire, Sir. You never can catch me. I take them home before I break the seals. I never keep them five minutes in my place—fire! fire! fire! fire I" "I think I can learn you a new game; when I collect, I look out for the money letters, and work the article that way. We a'rnt all Essex calves, Bobby Smith. You know this paper; you don't know this writing. You may lay traps; you may search my house, but fire tells no tales. 12s. a week." "I came to London to-day, so I send this to let you know
that auxiliaries want more money. I am short of money this week; I roust have some too, Sir. This is one of my complaints; fire tells no tales"—on 28th Nov. I received another letter by the post, enclosing the fragments of five envelopes of post letters—the addresses were cut out—this was amongst them (read, "If you remember I sent you a polite note some time ago about a latter direçted 'Walthamitow,' which was mis-sent to me, Bobby, and now I have sent two, Mr. Smith. It lays in your power to raise my wages, but you will not. You think 12s. is plenty of money for countrymen in Essex, but I don't. You take 700l. yourself, and keep a coal-shed too. I think I have been in the office years enough for 12s., but I shan't be in much longer; but while I am I burn all the mis-sent letters, and send you the covers. To-morrow will be just a month since I had a coutre sent by post, and I hope I shall soon have another that will set me on my legs to rights. If I get ten years I shall laugh at the b—y judge." Signed "Calcraft"—I did not know what a coutre was till I received this, and then I was informed it meant a sovereign—among the papers in the last enclosure there was a portion of an official paper used by the charge-takers at the Stratford office—I knew the figures on it to be the charge-takers' of the office to which the prisoner was attached, and that directed my attention to him, and I had him taken into custody—the envelope of the mis-sent letter to Stratford bears the inland office stamp of I think, 9th Sept.—it bears a second stamp of the 18th, ten o'clock, forenoon,
MATTHEW PEEK . I am an officer attached to the post-office. On 6th Sept. I took the prisoner into custody—I searched him, and found a doorkey on him—I asked him several times where he lived, and he said he would not tell me—I went to 20, Lambeth-street, Whitechapel, to the back room, first floor, and with the key which I had found on the prisoner I opened the door—there was nobody in the room—I searched, and found some letters and papers, two buttons, and a seal, which I produce—I have applied the button to the seal of the letter addressed to Mrs. Girt, and it corresponds—I afterwards told the prisoner that I had been to 20, Lambeth-street, to the first floor back room—he said that was his lodging—I took him to Bow-street station, and told him I charged him with stealing a letter containing a key, and he would be charged with stealing other letters—he said he knew nothing about the letter containing the key, or the other letters, but the letter I found at his house he could not deny—I showed him the letter.
Prisoner's Defence. The whole is a vile, abominable conspiracy, and the parties implicated in it have done it from feelings of envy and malice; I was appointed between two and three years ago to assist a letter-carrier named Keasley, on the East Ham Branch; on 1st. Sept. I went to the office, as usual, and found a small parcel; I opened it; it contained three pieces of paper, which they said belonged to a Miss Coutts; one said something about getting 12s. a-week, and the other said something about "I will not deliver this letter;" I placed it in my pocket, and at once concluded it was a mean retaliation from some one at the office owing me a spite; after finishing my delivery, I went to the Green Man public-house, to get my breakfast, and waited there till the next delivery of letters was brought to me there; after finishing them, I went home; I placed the papers under the bed, intending to take them with me next morning, to find out who sent it, but next day I was taken into custody; I did not tell the officer where I lived, because the street was not very respectable: they took me in a cab to the Stratford Postoffice, and the officers had some communication with the letter-carriers, and, after leaving, one of the officers asked if I was not a Chartist; I said I was
not; he asked if I had not been to the meeting at Kennington-common; I said I had, but only out of curiosity; I was taken to the Post-office, and Mr. Smith charged me with sending him two anonymous letters with covers, and parts of other letters; I told him I knew nothing of them; some gentlemen in the office asked if I did not live in Lambeth-street; in about three quarters of an hour the officer came into the office, and showed Mr. Smith a note which he said he had found in my place; and he said the two batches of sealing-wax corresponded with the letter Mr. Smith had received; I at once perceived that the whole was a conspiracy; my brother and a witness named Harris swore to my handwriting before the Magistrate; I never wrote to my brother in my life, and he has never seen me write since I left school, eleven years ago, and Harris never saw me write; these letters have been written through spite; Craddock and the other auxiliaries have frequently wanted me to change walks with them, and I would not, and they charged me with stealing a letter that was mis-sent; but it was impossible for me to have got it, for I was always last there of a morning, and never opened the bags, and the first man opens the bags and sorts the letters, and if a letter is mis-sent, he sends it away; it is not the first time I have been robbed of my letters; not long ago a man stole a money-letter belonging to my walk, and was found coming out of the office with it in his possession, and if he had not been taken I should have been charged with it.
FREDERICK HARRIS . I am a letter-carrier at Stratford, in the same office with the prisoner. I have seen him write a time or two upon letters that have been mis-sent, or that he could not find out—he has to write something on them before they are sent away—I never saw him write in pencil—(looking at the papers produced) according to the style of the writing I have seen on the letters, I believe these to be his writing—the first man that comes to the office of a morning opens the bags and sorts the letters for all the men—if the prisoner was there first, he could do it, but he was generally last—I have no recollection of seeing the letter directed to Miss Moffatt—the charge-taker would write upon all mis-sent letters.
MATTHEW PEEK (re-examined.) I have looked at the handwriting of the pencilling found at the prisoner's lodging—it is the same as that on the letters, and the same language—I found the letter between the bed and sacking.
GUILTY . Aged 23.— Transported for Seven Years
(There was another indictment against the prisoner.)
NEW COURT.—Wednesday, January 31st, 1849.
PRESENT—Mr. Ald. FARIBROTHER; Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. SIDNEY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
ALLEN MARDEN . I am a grocer and tea-dealer—the prisoner was my second shopman—I mentioned to him that I had some suspicion of him, and asked him if he had any objection to having his boxes searched—he said,
"No"—the boxes were brought into my presence, and opened by the policeman—the half-crown was found in it which had been marked by my foreman, Mr. Evans.
Cross-examined by MR. ROBINSON. Q. How many persons hare you in your employ? A. Seven—it was the prisoner's duty to serve in the shop.
BENJAMIN EVANS . I am foreman to the prosecutor. I thought it necessary to mark some money on 13th Jan.; among the rest was a half-crown—on Monday, 15th Jan., about half-past two o'clock, I found this half-crown in the prisoner's box—it is the one I had marked.
ALLEN MARDEN re-examined. No person had any right to serve behind my counter but the prisoner, my foreman, and myself—the prisoner had been five years in my service—I paid him 12l., for wages, a short time previous—I did not pay him any half-crowns.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury and Prosecutor.— Confined One Month.
GUILTY . Aged 29.— Confined Six Months.
GUILTY .* Aged 24.— Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
ROBERT MACKENZIE (police-sergeant, B 5). On the evening of 10th Jan. I was on duty in Ebury-street, Pimlico, about eight o'clock—I saw the prisoners walking abreast down Ebury-street—Gunn had this handkerchief, which seemed to be heavy—they were in conversation together—I stood still, and they came towards me—on their crossing the road I stepped into the road, and stopped Gunn; the other three ran off—Savage took one direction, and Grant and Salmon the other—I took Gunn into custody; be endeavoured to drop the handkerchief on my foot, but I caught it, and still kept my hold of him, and took him to the station—the handkerchief contained this lead and a knife; he said he found it near Chelsea Hospital—knowing the other prisoners I gave directions to the policeman to bring them in—Salmon was brought in about twelve at night—he said he met Gunn near the Hospital, and he had asked him to take a walk with him down Ebury-street—Grant was brought in about half an hour afterwards—he said he had met Gunn near the Bun-house, and he had asked him to walk down Ebury-street—next morning, between six and seven, Savage was brought in, and was told the charge—he said nothing—in consequence of information I went to Chelsea Hospital, and compared this lead on the ridge of a roof, where I found lead to be wanted—the lead corresponded with the marks, I have no doubt it belonged there.
Cross-examined by MR. PAYNE. Q. Was there any lead on the part where this lead was fitted? A. No—it was a building attached to the west wing of the Hospital—there are two nail boles, which corresponded exactly.
Hospital, which belongs to the Crown—I found that upwards of 1 1/2 cwt. of lead was gone from that building—I fitted this lead to the building, and am satisfied it came from there—I had seen it perfect about three weeks before.
Cross-examined. Q. Is that place watched? A. It is, by watchmen, who are put on after eight or nine o'clock in the evening—there are a number of pensioners and others about that part—it is a public thoroughfare.
JOSEPH IRONS (policeman, B 179). On the morning of 11th Jan. I took Savage, secreted in a large trunk by the side of the bedstead in the room occupied by his father and mother—there was a bed on the trunk, and some wearing apparel on the top of it—he bad nothing on but his shirt—he asked me what I wanted with him—I said, "I dare say you know"—I said he must dress himself, and go with me directly—he afterwards said, "How many are there taken?"—I told him, two or three—as he was going to the station he said it would be a remanded case, and if he had known that I wanted to have taken him he would have got out of the window and over the roof.
Cross-examined. Q. Do you mean he was inside the trunk? A. Yes; he was fixed inside, and the lid was down—I lifted it up—it was about six o'clock—there was not the least doubt that he had been in bed and had got into the chest—his father and mother and sister were in the room.
WILLIAM KING (policeman, B 198). I was at the station when Gunn was brought there—he asked me if I was going to lock him up by himself—I said "Yes"—I afterwards took Salmon at his father's, in bed, about half-past twelve o'clock at night—I staid I wanted him—he asked what for—I said concerning some lead—he denied all knowledge of it—I took him to the station, and Gunn was brought out of the cell—he saw Salmon, and he said, "That it him"—I found Grant in bed about five or ten minutes before one o'clock in the morning; I took him to the station—as we were going, I said to him, "How came you to run away?"—he said, "I did not run away, I walked."
MASON. I was present at his trial—he is the person—he had been in my service. (Grant received a good character.)
SALMON— GUILTY . Aged 17.— Transported for Seven Years.
GUNN— GUILTY . Aged 17.— Confined One Year.
GRANT— GUILTY . Aged 18.— Confined Six Months.
SAVAGE— GUILTY . Aged 18.— Confined One Year.
MR. PLATT conducted the Prosecution.
JAMES WILSON . I live at 4, Bridge-court, Westminster, and am a jeweller. On 2d Jan. I had a case of jewellery, containing rings, brooches, pins, and other things—I lost from it that day six rings and a pin—these are them.
Cross-examined by MR. PARRY. Q. When did you last see them safe? A. Between five and six o'clock in the evening, on Tuesday, 2d Jan.—they were in the case outside the window—I identify the whole of these—they have my private mark on them in addition to their being jewellery which I know.
THOMAS CALVER . I am shopman to Mr. Attenborough, a pawnbroker, of Crown-street, Finsbury. On 5th Jan. the prisoner pawned these six rings and pin and a brooch, fur Mr. John Harris, 4, Goswell-street—he asked 4l.
for them—I lent him 3l.—I knew him before—he has pawned in the name of "Aaron" and in the name of "Harris."
Cross-examined. Q. How long have you known him? A. About four years—I never knew anything against him—he has pawned frequently at our shop, five or six times a week; I cannot tell for what purpose—he was not like a person who pawned from necessity—I knew him perfectly well—he said he pawned these for Mr. Harris—I do not exactly know where the prisoner lived—I could have found out—he has redeemed things shortly.
THOMAS HUGHES (policeman, H 52). I took the prisoner on 7th Jan.—I told him I wanted him concerning some jewellery from the West-end—he said, "I suppose it is the rings; I bought them of Flash Harry, in the Lane, for 4l."—he said he wanted some money directly afterwards and he pawned them for 3l., and that he wanted 4l.—he said it was a very foolish thing of him to do so, as he knew them to be stolen—I asked where the ticket was—he first said he had mislaid it, then he said he tore it up, and then again he said he had mislaid it.
Cross-examined. Q. Where did you find him? A. Close against his own door, in the Tenter-ground, Spitalfields—he told this of his own accord in going to the station.
JOHN LUND (police-inspector, H). The prisoner was brought to the station on 7th Jan.—I told him the nature of the charge—he said he bought them in Petticoat-lane on Friday, and gave 4l. for them, and he wanted money and pawned them for 3l.—I said, "What have you done with the duplicate?"—he said he had torn it up, and then he said he had mislaid it.
Cross-examined. Q. Did he say anything about Flash Harry? A. No—he said he gave 4l. for them, not 4l. 15s.
MR. PARRY called
REUBEW HART . I live in Middlesex-street, Whitechapel. I am a dealer in jewellery—I keep a stall in the market in Petticoat-lane—it is an open market, and held every day but Saturday and Sunday—I have known the prisoner eight or nine years—he is in the market almost every day—he deals in jewellery and clothes—he has borne a good character—on Friday 5th Jan. I saw him in the market—about twelve or half-past twelve o'clock that day I saw a person in the market who bad these articles of jewellery to sell—I looked at them—I am capable of saying these are the articles—he offered them to me—he asked five guineas for them—I bid him 4l.—I advanced to 4l. 8s.—he left me and went away.
Cross-examined by MR. PLATT. Q. You say the prisoner deals in jewellery? A. Yes; and he buys and sells unredeemed pledges—I have seen him there buying and selling—I recollect that day by the man coming to my stall and offering these goods to me—I do not know the man or his name—he was a Jew and quite a stranger—the persons who come and offer jewellery are in general strangers; I do not want to know them—this was the only lot of jewellery that was offered me that day.
COURT. Q. When did you hear of the prisoner being taken in custody? A. I think on the Sunday afternoon or evening, and I said, "That must be the very goods that I bid money for"—I went before the Magistrate, but was not called in.
ISAAC LYONS . I live in Sandy's-row, Spitalfields, and am a dealer in jewellery. I have a shop in the market in Petticoat-lane—I have known the prisoner twelve years, I have frequently bought of him—on Friday, Jan. 5th,
a person came to me and offered eight articles of jewellery—as nearly as I can say these are the articles, but there may be many like them—here it a brooch with an amethyst that I took particular notice of—he asked 5l. 10s. for them—I offered four guineas, which he refused, and went away—I saw the prisoner that afternoon—he came and offered these goods for sale—I said I could not buy them as I was positive I had offered enough for them—to the best of my recollection he asked 4l. 10s. or 5l. for them—I was not present when he purchased them—I made an observation about his buying them too dear—it is not unusual for persons to come to that market to offer goods for sale—I bought some the same day—I have known the prisoner to be an honest man in his dealings, or I should not have dealt with him.
Cross-examined. Q. Do you know the man who first offered these to you? A. No, I never taw him to my knowledge—I do not know his name—he brought them in a bit of paper and opened it—it was between one and two o'clock in the day.
ISAAC SOLOMON . I live in Goulston-street, Whitechapel. I know the prisoner—I taw him on Friday, 5th Jan., between two and three o'clock—I saw a person come to him for the purpose of selling something—I do not know the person—the prisoner purchased some rings and a pin and a brooch, and I taw him pay 4l. 15s.—he did not show them to me, but I saw what they were—the prisoner bore an honest character; I have heard nothing against him.
Cross-examined. Q. You did not examine them and do not know them? A. I can swear to the pin—I saw the prisoner take this pin in his hand and look at it as I was standing by him—this is the pin to the best of my recollection—he paid in gold and silver—the man asked him a price and he bid him 4l. 15s.—the man had these things in a bit of paper in his pocket—I did not tee the money counted out—I have not a shop there myself—I deal in the market in clothes and things—I have often bought of the prisoner—the man he bought these things of was a stranger to me.
(The prisoner received a good character).
GUILTY of receiving. Aged 28.—Recommended to mercy by the Jury.— Confined Four Months.
GUILTY. Aged 38.— Judgment Respited.
EDWARD BUTT (policeman, A 63). I stopped the prisoner on 7th Jan. at the corner of New-street—he had these things with him—the hat was on his head—while I was taking him he took it off, and took his own cap out of his pocket and put it on—he said he assisted to get tome persons out of the water, and he was going to take the things to Villiers-street, Strand.
Prisoner's Defence. On 7th Jan. I was on the ice in the enclosure; I saw the hat, cap, and cane in the water; I took them out; the people said the person they belonged to had gone through the Horse Guards; I intended, to take them to Villiers-street to find the owner.
NOT GUILTY .
OLD COURT.—Thursday, February 1st, 1849.
PRESENT—Mr. Justice COLEBIDGE; Mr. Justice CRESSWELL; Mr. Ald. GIBBS; Mr. Ald. LAWEINCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fourth Jury.
485. ELIZABETH SAINSBURY , breaking and entering the dwelling-house of John Frederick Parker, and stealing therein 5 tea-pots, 2 coffee pots, and other articles, value 28s.; his goods: to which she pleaded
GUILTY .* Aged 26.— Transported for Seven Years.
GUILTY . Aged 45.— Transported for Ten Years.
487. CHARLES PARDUE , stealing 1 dressing-case, value 6s.; the goods of William Frederick Tripp .— Upon the evidence of MR. M'MURDO, the surgeon of the gaol, the prisoner was found to be insane, and therefore unfit to plead
CHARLES DAVENPORT (policeman, S 398). On 10th Jan., between six and seven o'clock in the evening, I saw the prisoner and another in Salisbury-street, Portman-market, looking at some handkerchiefs, which the prisoner pulled from under his jacket—they saw me coming, and ran—I did not lose sight of the prisoner—he ran into 18, Weston-place—I went in at the backdoor, caught him, and took these five silk handkerchief! from under his jacket—he began to cry, and said he. got them from another boy—I took him in charge.
Cross-examined by MR. ROBINSON. Q, Was it dark? A. Yes—it was about half an hour's walk from the prosecutors house, and about twenty yards from the prisoner's.
ANN PERREN . I manage the business of Mrs. Harris; her husband's name is Edward. On Wednesday evening, 10th Jan., I was in a room adjoining the shop, and heard a noise, as of a glass breaking—I went into the shop, and found the window broken—it was safe a short time before—I missed ten silk handkerchiefs from the window, which I bad Been safe half an hour before—these produced are them.
Cross-examined. Q. Did it appear to be cleverly done? A. Yes; it was cut—I only know the handkerchiefs by the pattern—this tear was done in drawing them through the broken glass—they are very common—I have not sold many during the last six months.
NOT GUILTY .
Before Mr. Justice Coleridge.
NOT GUILTY .
Before Mr. Justice Cresswell.
MESSRS. CLARKSON and SIR J. BAYLEY conducted the Prosecution.
I knew by sight, came to my house with another man, who I did not know—the prisoner called for a glass of rum and water, I served him—he handed to me this 5l.-note (produced)—I looked at it, and brought him a pen and ink, and requested him to indorse it—he wrote on it, "Wm. Jones, No. 10, Regent-gardens, Westminster"—he said, "You know me, I am a neighbour of yours"—I then gave him the change, 4l. 19s.6d.—he returned the note to me, and I put it into my cash-box—in two days I paid it away to Mr. Gamble, who brought it back to me on the following Wednesday, 20th Dec, in the state it is now, stamped "Forged"—I then went to Jones's house—I saw him, and asked him if I did not change a note for him the week before—he said, "Yes"—I asked if he was aware it was a forgery—he seemed agitated, and said he was not—I told him it was, and he must come with me to my house, which he did—I showed him the note, and he acknowledged that it was his writing on the back of it—I asked him if he knew who he had taken it of—he said at first that he took it at Chester—he afterwards said he took it in Westminster; he did not say from whom—I told him he must be aware who he took it from—he said he could bring the person, but did not know his name—I said I dare say he was not in possession of so much money but what he knew who he took it of—he said he would find the person, and I allowed him to leave me for that purpose—he said if he had the note it would facilitate his bringing the party to me—I told him I did not think it was necessary—he seemed very much agitated—he was to return to me in the evening, about five—he did not return, and I went to his house, and found he had not been home—I went again, about seven, and did not find him then—I went again about mid-day next day, and found he had not been home all night—I then gave information to the police, and he was arrested on Saturday, the 23d.
Cross-examined by MR. BALLANTINE. Q. He appeared agitated when you told him it was a forgery? A, Yes—his sister opened the door to me—he came down to me immediately—he told me he had been working at Chester—I do not recollect that he said he took the note from a man with whom he had been working at Chester: I did not understand him to say so—it was after he said he had taken it at Westminster that he said he would find the man—I only knew him by sight—when he left I said, "Either bring me the money or the man."
MR. CLARKSON. Q. Are you sure he said he had taken it at Chester first? A. Yes—the name of "John Jones, Esq., May Fair," is on the top of the note—I put "14th Dec, 1848," on the face of it, before I parted with it.
THOMAS HOLMMAN . I am potman at the Princess Royal, Warwick-street, Piccadilly, which is about a quarter of a mile from the Duke of York. I know the prisoner by sight—he and his companions have frequently been in the habit of using our house—I remember a day on which there was a row at an eating-house, and the prisoner and some others were taken into custody—I had seen the prisoners at the tap of our bouse about six o'clock in the evening, before that row took place—they all got talking together—I heard the prisoner make an observation that he had either been and done or copped a fiver—I did not know what that meant—his companions asked him if he was going to stand anything to drink—he did not, but went away—I afterwards saw an account in the newspaper of the prisoner's examination, in conesquence of which I went to the police-office.
Cross-examined. Q. When did you give information of this to anybody? A. Last Sunday night three weeks—that was after the prisoner was committed—I first communicated it to some young men who were in the tap-room when I read the paper—the name of one of them was Thomas Ivers—I did not tell
any one in particular—I spoke it openly in the room whilst we were talking about it—I did not know the prisoner's name before I saw it in the paper—when I read it in the paper I asked those present if that was the person, and they said "Yes"—they knew that was the person—they were not the persons to whom he said he had copped, or done, a fiver—Ryley and Brooker were present when he said that—Brooker, for one, asked him to stand something to drink—he is a young man living in the neighbourhood, a grainer by trade, and a customer at times—Ryley is a customer now and then; the others have not been lately—I did not understand the meaning of copping a fiver—I am quite certain that was the word he used—I never heard it before, to my knowledge—the words were, "I have copped, or done, a fiver"—he used both words, "copped or done"—I have not since ascertained or inquired of anybody what that meant; I have no notion now—I have never before had anything to do with a case of a fiver, or a tenner, or anything of the kind—the prisoner said it publicly, so that anybody might hear him—I did not go to any person or constable to give information—Inspector Cummings came to me, and I told him what I have told to-day—I merely told him what the words were—I saw him again on the following Monday—he subpœnaed me—I did not see Rodwell till I came here.
HENRY WRIGHT (policeman). I know the prisoner—I took him and his brother on the night of 14th Dec., for creating a disturbance and breaking a basin at a soup-shop—they were discharged next day—in consequence of information, on Wednesday, the 20th, I went to the prisoner's house, and waited about there all night in plain clothes—he did not come home all night—on Saturday morning, the 23d, about half-past eleven, I met him in the New Cut, Lambeth—I apprehended him, and told him I took him for Mr. Ridler's case—he said he did not know it was a bad one—I asked him, who the man was who was with him when be passed the note—he said, "Oh, that does not matter who he is; he is off into the country, and he did not know anything about it"—he afterwards told me he had taken the note of a man he used to work with; he did not know his name, or where be lived—I searched him, and found 13s. 11 1/2 d. on him.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes, twice—I was examined on the first occasion, and then requested to be examined again, to add something to my deposition—this is my signature to the deposition—(The witness's deposition being read did not contain the statement that the man had gone off into the country, and knew nothing about it)—I had no reason for withholding that—I might have forgotten it at the time.
WILLIAM CUMMING (police-inspector, B.) On the evening of 20th Dec. I was sent for by Mr. Ridler, and accompanied him to No. 10, Regent-gardens—I remained near the door—in consequence of what I learned, I put Wright to watch the house—I had been to several public-houses in the neighbourhood to look after him—he was not apprehended till Saturday, the 23d—Mr. Ridler gave me the 5l.-note—I went to May Fair, and made strict inquiries after a person named John Jones—I could not find any such person—I know Ryley, he is a bricklayer, be is very seldom in employment—I do not know Iver or Brooker.
Cross-examined. Q. Did you go to Holman's? A. Yes, from information from Mr. Ridler—I understand copped is a slang word, which meant passing a note, shilling, or any article.
GEORGE RODWELL (policeman, B 205). On 11th Jan., I was at the Westminster police-station, on what is called the reserve duty—I was placed in the passage of the cells—there are five cells belonging to the station, and two
belonging to the police-court—I was attending on the five—the others belonged to the gaoler of the Court—the five cells are joined one to another, with open tops, with bars and wires—the prisoner was in No. 6 cell, and two females in No. 7—there were two male prisoners in No. 4, and no one in No. 5—the prisoners can hear one another talk from one cell to another, particularly when the outer door is shut, which it was on this occasion, so that all was quiet inside—they are obliged to talk rather loud to be heard—I can hear what they say if they talk loud—the females began talking, and asking what one another were in for—the prisoner said he was in for a fib—one of the females asked him what he meant by a fib—he said it was a 5l.-note in Regent-street; he had had the money and melted it—he likewise said he had been remanded three times, and he expected either to be turned up or fully'd on that day—those are cant expressions, meaning either to be discharged, or committed for trial—a man in No. 4, named Wilkie, said he was in for a bad sixpence, and he expected another one to be brought against him, but he would take a sixer for it—the prisoner said he should not mind if he got off with a sixer—that means six months' imprisonment—Wilkie asked him if he knew different parties, mentioning their names, and among them mentioned the name of Chitty—the prisoner said he knew him, and Wilkie told him he had had three months' imprisonment from Bow-street, on suspicion of being about to commit a felony—the prisoner said he was surprised, and said, "We must not talk too loud, in case we might be beard;" the females were talking rather loud—the outer door was then open.
Cross-examined. Q. What has become of Wilkie? A. He was discharged—I did not give evidence against him—I was attending to my regular duty at this time, to be there in case any of the prisoners wanted anything—they might have seen me if they had looked down the passage—I stood at the end of the passage, when the prisoner and the women were brought in—they could have seen me—I do not know that they did—I cannot say what has become of the two women—there was a good deal of talking going on—the prisoner was in a cell by himself—I had heard him speak before that some time ago, when he was brought in charged with breaking a soup-plate.
SIR J. BAYLEY. Q. When you overheard this conversation, did you know what the prisoner was charged with? A. No, not till he began the conversation.
THOMAS POYNTER . I am a meat-salesman, at 62, Aldgate. On Saturday, 9th Dec., between eight and nine in the morning, the prisoner came and asked me the price of three legs of pork which I had for sale—I told him 4s. a stone—he left, went away a little, returned immediately, and said, "I will have those three legs of pork"—he took two, and my boy took one into the shop, to have them weighed—he appeared to be a cook's shopman—I took particular notice of him, being a stranger in the neighbourhood—he appeared to be in a great hurry—I saw no more of him—in consequence of what I afterwards heard, I went to the Westminster police-court on 4th Jan. and saw the prisoner there—he was not pointed out to me by anybody—he was along with five or six others—I recognized him immediately, but I had my doubts then—he had much more moustachios then than he has now—I did not receive the payment of the pork—the only three legs of pork sold that day were to the prisoner—my son keeps the books, and sits in the counting-house, where the people have to pay.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes, and my son also—he is here—the prisoner was discharged on my case.
ROBERT WILSON . On 9th Dec. I was in the employ of Mr. Pointer. I saw the prisoner outside the shop on that day talking with my master, who told me to take three legs of pork into the shop to the scale—I carried one leg in, and the prisoner two, to Davis the scalesman—I then went out again to the door, and did not see the pork weighed or taken away—I next saw the prisoner at the Guildhall, Westminster, when I went with Mr. Pointer—he was along with four or five more—I recognised him, and pointed him out as soon as I saw him.
Cross-examined. Q. What did you know him by? A. By his features and his under coat, which was a sort of darkish green—I have no doubt about him.
WILLIAM AUSTIN POINTER . I am the son of Thomas Pointer, and act as clerk and cashier in his shop—I sit in a room at the side of the shop, with a window that opens into the shop—I keep the books there, and take the money or the meat after it has been weighed through the window—I have looked at my book, and on that day there is only one lot of three legs of pork—there are several lots of two, but none but that of three—the name of Scott is entered here—that is the name of the party sending the meat for sale—the scaleman calls the name out to me, and then the purchaser comes and pays me—the person gave me this 10l. note (produced) in payment—I know it by my own handwriting on it—I did not take particular notice of his dress—he had a lightish coat on—I gave him the difference, 9l. 0s. 9d.—I afterwards went to the police-station, and found the prisoner in custody—there were four or five others with him—I selected the prisoner from among them—I have a strong belief he is the person—the note was paid into the London and West-minster Bank, and afterwards was returned as a forged one.
JAMS BARTON . I am an inspector of Bank of England notes. This 5l.-note, No. 56046, is a forged note in every respect, and this 10l.-note is also—the water-mark is forged—they are not from the same plate.
Cross-examined. Q. Are they of the same character of paper? A. Yes: only one is a little cleaner than the other—the only difference is, one is a 10l. and the other is a 5l.-note.
Witnesses for the Defence.
WILLIAM JONES . I am the prisoner's father, and have been in the service of Claridge's Asphalte Company for ten years. The prisoner was employed under me for eleven weeks, at the Marquis of Westminster's and at Mr. Tollemache's, Peckforton-castle, in Cheshire—he went down there with me and my wife, on 19th Sept.—we left there on 9th Dec., about half-past eight in the morning, by the Parliamentary-train, and arrived at Euston-square a few minutes past seven the same night—we went home from there, and the prisoner with us—my wife was with me in the carriage, and a man named Solari, a labourer to me, and his wife.
Cross-examined by MR. CLARKSON. Q. When did you leave the Marquis of Westminster's? A. I worked there six weeks—I left on 8th Dec., by the mail-train, at nine o'clock in the evening, and went to Beeston, which is about ten miles off—I went to my lodging at Peckforton, near the Castle, where I was at work—I lodged with a man named Hodgkinson—it is a lodging-house—my son lodged with me—there were several masons and others lodging there—I got to Beeston that evening, about ten—we had some supper there, with my wife and two little children that were there—we quitted there next morning, at half-past eight—that train did not go through to London; it changed at Crewe—I superintend the work of the Asphalte Company, and am accountable for the work when we are sent into the country on a job—I keep a list of the names of the persons I employ for the
Company—I have not got that book here—my son was dismissed by the Company, about ten months ago—I did not put him on again in a false name—I put his name "Jones Williams" on the time-bill, because I did not wish our foreman to know—I asked my employer if I should take him down to the country, and he said I could name it to the foreman, and I did not like to ask him, as he had discharged him, and I took him with me—I entered his name, "Jones Williams," as working eleven weeks in Cheshire—the agent in the country, who paid me the money, knew he was employed—I did not acquaint the Company of it, as he had been dismissed for about ten months—during that time he had been working in different employments; plastering, and so on—I am a plasterer myself—he worked at that, and white-washing, or anything he could get, in different places; I cannot state where, because I was in the country, and he was in London—he had been working in the Bastenne Company five or six years—I have not an account of where he was employed, but he worked for a gentleman at Staines some time—I offered Mr. Ridler 1l. to give up the 5l.-note; then 2l.; and then 2l. 10s.—he would not take it; he said the prisoner was taken—I am not always at home; my work lies away from home, in different parts of London—I cannot tell where I was working from the 9th to 23d Dec.—I had a job on the railroad at Vauxhall somewhere about that time, and at the Queen's Palace—those were the only two jobs I had since I returned to town—I was at work on the railroad the week before Christmas—my son was at home on 20th Dec.—the police-officer and Mr. Ridler did not come to inquire for him in the evening—they never came while I was at home—I slept at home every night—I cannot say whether my son slept at home on the nights of the 20th, 21st, and 22nd—he was away from home, but I do not recollect what nights—he might have been away two nights—I do not know where he was—he received a guinea a-week wages at Cheshire—I am certain of that—I have never said it was 12s.—I never saw him with a 5l.-note in his possesion—he did not live with me at Chester, but his mother washed and did for him—he did lodge with me at the other job, at Beeston—that job is not yet finished, but I left on the Friday, with Mr. Lawrence, the superintendent of the work—I went to Chester with him, to receive my money, and he paid me on the Friday night—I was paid up to the Saturday night, and my son too—I never told Mr. Ridler my son could not have so much money as a 5l-note; I said nothing at all about it.
MR. BALLANTINE. Q. When you offered Ridler the money, was your son in custody? A. Not when I first offered it him—I found the note had been changed by my son, and I said I would pay Mr. Ridler the money—I said I would pay him 1l. a month, and he said he was very sorry he did not keep him when he had got him—the foreman said he discharged my son for being idle; there was no charge affecting his honesty—he was twenty last June.
MARIA JONES . I am the prisoner's mother. I accompanied him and my husband to Cheshire—we left London to go there on 19th Sept.—we left Beeston on 9th Dec.—Mr. and Mrs. Solari, my husband, and son, were with me—we came up to town together, and arrived a little after seven o'clock—we came by the ld. a mile train—my two children, one seven and the other ten, came with us.
LOUIS SOLARI . I am an Italian. I went into Cheshire with Jones on 19th Sept.—I came back on 9th Dec., the Saturday fortnight before Christmas, with Jones, his wife, my wife, and the prisoner—I have known Jones nearly eight years—his little boy and girl were with us.
Cross-examined. Q. When did you leave Chester? A. About three
months ago—I did not come from there to London—I left Beeston with Jones, his wife, son, and children.
MR. BALLANTINE. Q. How many jobs had you? A. Three—on 8th Dec. I was at Peckforton-castle—Jones went to Chester to finish a little job—I was at Beeston on the Friday evening; that is a mile, or a mile and a half, from Peckforton.
SARAH SOLARI . I am the wife of last witness—I was down in Cheshire. We left Beeston-station at half-past eight o'clock, on the morning of 9th Dec.—my husband, Mr. Jones, his wife, son, and the little boy and girl, were with us—we got to town about seven, or a little after.
Cross-examined by SIR J. BAYLEY. Q. What makes you recollect it was 9th Dec. you came to town? A. Because it was the Saturday fortnight before Christmas—I believe that was 9th Dec.—we had been five weeks at Beeston, and five weeks in Chester—we left Chester five weeks before 9th Dec.
(James Duke, a journeyman-plasterer; Henry Coleman, a plasterer; Thomas Burt, a tailor; and Edward Gould, a chandler, of Douglas-street, Westminster, gave the prisoner a good character.)
GUILTY . Aged 20.— Transported for Seven Years.
NEW COURT.—Thursday, February 1st 1849.
PRESENT—Mr. Ald. FAREBROTHER; Sir WILLIAM MAGNAY, Bart, Ald.; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Mr. Recorder and the Sixth Jury.
HAMBLETON pleaded GUILTY . Aged 17.— Confined Three Month.
FLAHERTY pleaded GUILTY . Aged 17.— Confined Nine Months.
GUILTY . Aged 19.— Confined Three Weeks ,
GUILTY . Aged 19.— Confined One Year.
GUILTY . Aged 21.— Confined Two Years.
GUILTY . Aged 25.— Confined Two Years.
GUILTY . Aged 25.— Confined Two Years
ROBERT RANDALL . I live with my mother in Little Prescott-street. I know both the prisoners—I saw them in Royal Mint-street at a little before one on 12th Jan.—I saw Holland take a handkerchief out of Mr. Carlile's pocket—he hid it under his coat and carried it off with him—I told Mr. Carlile, and pointed out the prisoners to the police.
Riley. I never saw this lad before. Witness. I am sure he was with Holland; I saw them together, about ten minutes before, following the prosecutor.
THOMAS KELLY (police-sergeant, H 2). Holland was pointed out to me by Randall—I took him and told him the charge—he said he knew nothing of it, and he had not been in Dock-street that day—I found nothing on him.
ROBERT GIFFORD (policeman, H 89). Riley was pointed out to me by Randall—I took him and told him the charge—he said he knew nothing about it, and was not in Dock-street that day—the prisoners began to run one one way, the other the other.
Holland. I stood still. Witness. He ran thirty or forty yards—he ran the farthest.
Holland's Defence. I met this prisoner by the Docks; I had not been in Dock-street.
HOLLAND— GUILTY . Aged 18.
RILEY*— GUILTY . Aged 19.
Confined Eighteen Months.
Mr. BALLANTINE conducted the Prosecution.
FRANCIS SHAW . I am a carpet-dealer, and live in Bishopsgate-street-without. In Feb. last I bought 166 yards and three-quarters of Kidderminster carpet, I believe that was the length, of Mr. Isaacs—this is the invoice of it—I gave 1s. 6d. a yard for it—in my estimation it was worth about 1s. 10d.—if I had been purchasing it in a regular way I should not have given that—in one way I paid cash, in the other I should have had credit—I paid 12l. 10s. 1 1/2 d. for it.
Cross-examined by MR. PARRY. Q. You are a customer of Messrs. Wood's? A. Yes; I was in their warehouse about a month after I purchased this, and mentioned it to them, on account of seeing the patterns there.
MR. SHAW. These are the patterns from which I purchased the carpet.
Cross-examined. Q. Are these the patterns of the carpets you bought and paid for? A. I have not the least doubt of it—a warehouseman of Messrs. Wood's came to my house about a month ago to know if I had the patterns, and I gave him these—I had them in my possession till that time—they were
laid aside, not being required any more—they are very unusual pattern—I have no doubt of them.
JUDAH JACOBS . I live in Houndsditch, and am a slop-seller and ware-houseman. I do not recollect delivering the carpet to Isaacs to go to Mr. Shaw—there was some carpet bought of Mr. Hines—I have no recollection whether I bought it or not—a sum of money was paid at our house, I did not pay it—I do not buy things unseen—I do not think I saw the carpet that was bought and paid for by our house, of Mr. Hinde's—there was one bought and sold—I did not see it before it was sold—any of my men in my establishment conduct the business in my absence—a memorandum was made at the time, of course—these carpets must have passed through the house—I got 12l. 10s. for them, and 9l. 8s. 6d. was paid for them.
Cross-examined. Q. Of your own knowledge you do not know anything about this carpet? A. No—I cannot state positively that this is the carpet—I cannot remember whether I bought it, or one of my men—I have Isaacs and two other men—they are all allowed to buy and to sell.
EDWARD HINES . I am a general dealer, and live at 58, Mansell-street. I sold two pieces of carpet to Mr. Jacobs, personally, on 14th of last Feb., for 9l. 8s. 6d.—I gave this receipt (looking at it) to the person who paid me, but Mr. Jacobs bought it—I had some talking with him, and arranged about the price—he considered the pattern very unsaleable—I had bought them from the prisoner Howard the day before, for 9l.—Howard was brought to me by my brother, who said he had known him two or three years—I had not known him before—Howard brought me two patterns of carpet, and said he had them to sell for a party who wished to raise money, and asked me to buy them—I agreed to buy them for 9l. 10s.—the measurement was represented to be from ninety to ninety-two yards each piece—he brought them about twelve o'clock the same day—no one was with him—I paid him 6l. and he was to call for the balance next day—when he called I had sold the carpets to Mr. Jacobs, and I found there were twelve or fourteen yards less than he had represented to me—I said I had sold them for so much less, and I must stop 10s. for the short measure; he agreed to that; and I paid him 3l., which was 10s. short—he called again the same day, between twelve and one, with Albert, who was dressed like a porter, with an apron or piece of canvas round him—Howard said to me, "Mr. Hines, will you tell this party how much short you paid me of the 9l. 10s."—I said, "10s.?"—Albert said,"Mr. Hines I want to speak to you, will you come and have something to drink, with me?"—I said, "No, thank you, I never drink with any one"—he then said, "Will you take any more?"—I said, "No, decidedly not, I am very sorry that I bought that"—they then went away together—I have had no communication with either of them since.
Cross-examined. Q. How long have you been a general dealer? A. Six or eight months—I have not continued so to this time—I have been ill for the last six months, and have done nothing—I had never seen Albert before—Howard was an acquaintance of my brother, who is a general dealer—he buys at sales—it was on his recommendation that I dealt with Howard, having taken his name and address—I was satisfied with a very small profit on this carpet—I lived four years as valet to the Baron de Goldsmidt, from whom I have the highest testimonials—I was in his service two years and a half—before that I was a pawnbroker for about five years with my uncle at Exeter—I have not followed any other calling—I never bought any carpet before
or since—I have seen Howard repeatedly since in the street—I saw him three or four times on this bargain—he represented that he was employed to sell them for a party who had a bill to make up, and wished to raise money, which is often done in the trade—the address Howard gave me was in Plummer's Mews—he lived in a room up-stairs—I do not know whether there was a stable under it or not—it was not a carpet-warehouse—I saw him there, and his wife—I cannot say whether he was ostler or not—when I found he lived there, I bought the carpet of him, on the faith of my brother's recommendation.
SAMUEL THACKRAH . I am warehouseman to Messrs. Henry and John Wood, carpet dealers. Albert was a porter in their employ—it was his duty to do anything on the carpet side—we had carpets of these patterns on our premises in Feb., 1848—Albert would have access to them—Howard's face is familiar to me: I never saw him on the premises—two pieces of carpet which these are patterns of are gone—one was found at Mr. Shaw's, the other at Venables', in Whitechapel—one piece of this other pattern is missing.
Cross-examined. Q. Did you get these from Mr. Shaw? A. Yes—he purchased these two patterns—the manufacturing price of this is 2s. 2 1/2 d. a yard—the real value of the carpet was about 22l.—we sell it at 2s. 4 1/2 d. wholesale—Mr. Shaw called my attention to these patterns about March or April, 1848—we made it known to the manufacturers, to inquire whether any truss had been lost on the railway, and searched our stock about a month ago—this pattern in this colour was not made for any other person—we had four pieces of this pattern; one was sold, one is in stock, and two are missing—I am warehouseman in the carpet-department—no one has the management of that department; Mr. Wood has the management of the whole—there are three warehousemen in that department, they sell as well as I do—Albert and two others were dismissed from our employ—Albert's wife keeps a coffee-shop, and he lives with her—his premises were searched, and we saw some cotton sheets that we believed were ours—we have not taken them away; they are such as we use round our blankets—a man named Young was our carman—he has been transported (See vol. xxvii., page 1032)—I do not know that he was acquainted with Howard; I have heard it—there was a former conviction against him—his premises were searched—what was found there we did not express a doubt about—it was taken away.
THOMAS BRADLEY (City-policeman, 269). I took Howard on 4th Jan., in Plummer's-mews—I told him I came to him respecting some carpets that he sold to a person named Hines—he said he knew nothing about Mr. Hines, or about any carpet—I told him it was Mr. Hines, living at 58, Mansell-street—lie said he did not know where Mansell-street was—I then asked him to go along with me to Mr. Hines's—he said he could not, he had a gentleman to meet—I obliged him to go with me—Mr. Hines knew him, and said, "That is the man I bought the carpet of"—Hines gave me every facility—I took Howard to the station—he said if Mr. Wood would be lenient towards him lie would tell him all about it.
Cross-examined. Q. What was this place in Plummer's-mews? A. One room up one pair of stairs—there was a wife and three children—I rather think it was in a stable-yard.
ALBERT— GUILTY. Aged 30.—GUILTY of stealing
HOWARD. Aged 30.— GUILTY of receiving.
MESSRS. BODKIN and CLERK conducted the Prosecution.
FRANCIS GEORGE ABBOTT . I am clerk of the Petty-bag—the office is in Rolls'-yard, Chancery-lane—it is an office of the Court of Chancery. On 2d of Dec., in consequence of information, I went to look at some of the presses—the clerks were in the office, and the prisoner was amongst them—he had been employed in the office eight or nine months as a writing-clerk—I saw that some of the rolls were not in their places—I inquired of all the clerks who were in the office—the prisoner said he knew nothing about them—he came to the office again on the following Monday, a few minutes before ten o'clock, and at half-past ten, intending to make a further investigation I went to the room where he was in the habit of writing, and the foreman came down and said he had left—on the Monday I made further search in the presess where those parchments were kept, and ascertained that six rolls were missing—I made a communication to Lord Langdale, the Master of the Rolls, on the subject—I afterwards communicated with some of the police—the prisoner did not return to the office after Monday, 4th Dec.—the next I heard of him was by this letter from him, dated 15th Dec, stating that he was ill (producing it)—on 19th Dec. I received this other letter from him, stating that he had been trying to find the shop where he had left some rolls of parchment—in consequence of receiving that letter, I went to the policeoffice—four of the rolls of parchment which I discovered to have been taken from their place, were soon after this brought to me by Sergeant Shaw—on 21st Dec. 1 received this other letter from the prisoner—these are four of the rolls of parchment that were removed (produced)—the prisoner had no right to remove them, they are records which are preserved in the Petty-bag office—they relate to specifications of patent inventions—two of them are of the date of 1841, another of 1844, another of 1846, another of 1847; and one of them is of 1836—I have recovered four out of the six—two of them are still missing.
JACOB WORSTER . I live at 61, New Compton-street, Soho—I deal in parchment—I never saw the prisoner before he came to my shop in the beginning of Nov.—he brought with him two rolls of parchment like these—he stated that be wanted to sell them, as they were misprinted—I asked what he wanted for them—he said 1s. 6d. per pound—I said that was more than they were worth; 1s. a pound was the full value of them—he then left—he came back in about a fortnight, and said he had sold two at 1s. 3d. per pound, and he said I should have the other two that he then brought with him at 1s.—I had them at 1s., and he went away—he came again in about a fortnight and brought two more, which I had at the same rate—I gave the four rolls to Sergeant Shaw.
(The prisoner put in a written defence, stating that he had, on several occasions, sold spoiled parchments similar to these, which he must have taken in mistake whilst in a state of intoxication, they being left in an open box under the cupboard in which they ought to have been placed.)
FRANCIS GEORGE ABBOTT re-examined. The prisoner had no right to sell parchment which had been spoiled—the only foundation for his stating that they were kept loose in a box, instead of being in a cupboard, must be that those documents are frequently taken out to be inspected
by persons coming to look at them, for which they pay certain fees, and if the clerks are busy at the time, they are put into a box till they have time to put them away—they are not always put away the same day—they are not thrown aside as waste—the prisoner must have known the rules of the office—it may frequently have happened, that a single sheet which has been sewn on may be spoiled, but it cannot be spoiled after it is made up in this way altogether—it would not be made up if it were spoiled—if a skin was to be spoiled in the course of copying, it would be torn up and destroyed as waste—I cannot say how often that may have happened—if the clerks take the rolls from the case to copy, they take a parchment as they require one, and if they spoil a single skin I do not see it any more than I do if they spoil a sheet of foolscap—the copying is done in the office—there are at least fifty in this roll about forty yards long, besides these drawings on them—they are in force as patents—none of these were sold by the clerks after the dates had expired—I think one of these has expired, but still he had no right to take them—I have missed printed books—I cannot say that I have missed parchments, but I understand that he has sold some waste parchment to another parchment dealer—his conduct was irregular—he was paid for the quantity he wrote—if he were idle it fell on himself.
GUILTY . Aged 46.— Confined Six Months.
(There was another indictment against the prisoner.)
ELIZA WAGSTAFF . On Sunday evening, 7th Jan., I was in Bishopsgate-street, about half-past eight o'clock—I saw the prisoner take a purse out of Mrs. Larman's pocket—I saw it in his band—my husband seized him directly.
Cross-examined by Mr. METCALFE. Q. How near to Mrs. Larman was the prisoner? A. Close to her side—I was about a yard from him on his left side—he was between us—her pocket was on her right side—I am quite sure I saw him take the purse—I distinctly saw his hand draw up—I did not know Mrs. Larman.
THOMAS WAGSTAFF . I saw the prisoner leaving Mrs. Larman with a bright steel-bead purse in his hand—I did not see him put his hand in her pocket—I seized him and had a scuffle—I do not know what became of the purse.
Cross-examined. Q. Were you walking with your wife when this occurred? A. No, I was standing still, waiting for a party coming out of chapel—Mrs. Larman came out of the chapel—the prisoner was between me and her—my wife was standing on my right—she had more opportunity of seeing the prisoner than I had—there were many persons there, just coming out of chapel—we were just outside the crowd.
ELIZABETH LARMAN . I am the wife of George Larman. I had a green silk purse in my pocket, with steel beads, steel tassels, and steel rings—Mr. Wagstaff tapped me on the shoulder and told me I was robbed—I felt, and I had lost my purse—it contained about ten shillings—there were sixpences and fourpenny-pieces in one side and shillings in the other.
Cross-examined. Q. When had you seen it? A. As Icame out of chapel I took some money out, as there was a collection, and put the purse in my pocket as I came down the steps—there was a crowd of people coming out of the chapel—I had just passed through that.
ROBERT HILTON (City-policeman, 642). I was on the look out near that chapel—I saw some persons I have seen before—the prisoner was given in my custody by Mr. Wagstaff—the next morning I took him from the station-house—three
or four persons were waiting outside, and one of them came to him with some bread and meat, but I would not allow him to accept of it there—in crossing the road one of them ran by the side of him and said, "Did they find the purse?"—the prisoner said, "No, I dinged that away"—the reply the party made was, "Oh, that is stunning."
GUILTY . Aged 18.— Confined One Year ,
THIRD COURT.—Thursday February 1st, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Second Jury,
502. DAVID WILSON, ROBERT DAVIDSON , and WILLIAM WOOD , stealing 56lbs. weight of hay, value 1s. 6d.; the goods of Matthew Young, the master of David Wilson.—2d COUNT, charging Wood with feloniously receiving the same.
JOHN SMITH (policeman, K 220). On 4th Jan., about noon, I was secreted on some premises adjoining the yard of the King Harry, public-house, andcould see what went on—I saw Wilson in the yard, in conversation with Wood, for a minute or a minute and a half—Wilson then went to the back ofhis master's premises, where there is a little fence, but I could not see it, and Wood unlocked the shed were the ostlers put what they have to feed theirhorses—I then saw Davidson, he followed Wilson, came back with a truss ofhay, and put it into the shed, while Wood was looking out into the road, apparently watching—he then went into the shed—they both came out inabout half a minute; Wood locked the shed, and they went into the King Harry—I told Mr. Young, and then took the prisoners—Mr. Young wentwith us to the shed, and we found one truss of hay there, out of which Mr. Young pulled out this stick (produced), and said he had marked it in the orning—the prisoners said nothing—Wood is ostler and Davidson underostler at the King Harry.
Cross-examined by MR. HUDDLESTON. Q. How far were you from them when they spoke? A. About eight yards; I could not hear what was said—I was secreted there from eight till twelve—I did not see Davidson speak to Wilson—they all came from the public-house yard—here is "Y" in ink on this stick—I saw nothing of Wilson between his going to the fence, and my taking him.
MATTHEW YOUNG . I am a cow-keeper, at Mile-end-road, adjoining the King Harry—Wilson has been my carman four years. On 4th Jan. I put some trusses of clover and hay to be cut up into chaff—I put into each truss a piece of stick marked "Y" with ink, and went away about ten o'clock and returned about half-past one—Smith gave me information, and the prisoners were taken—we went to the shed, and found this truss of hay with this stick in it—I found hay and clover cut up, but could not miss any.
Cross-examined. Q. The plan is to cut it every day? A. Yes, as it is wanted—I keep four servants.
Wood's Defence. I never saw Wilson all day—I did not see the hay.
WILSON received a good character— NOT GUILTY .
WOOD— GUILTY on 2nd Count. Aged 38.
DAVIDSON— GUILTY Aged 37.
Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
GEORGE TEWSLEY (policeman, B 181). On 31st Dec. I found these chair-covers and curtains at Mr. Grant's, a pawnbroker, at Knightsbridge—I went with Chinn next day, and found the prisoner at the Rev. Mr. Brown's, Old Windsor—I asked her if she had got the tickets of the chair-covers and curtains she had pledged at Mr. Grant's at Knightsbridge—she said she had not—I asked if she had lost them or destroyed them—she said she had lost them—I asked if Mrs. Thompson had authorised her to pledge them, or any other article—she said "No"—I was in plain clothes—I told her I was a policeman, and took her—in going to the railway, she said she had lost a great number of duplicates.
Cross-examined by MR. HUDDLESTONE. Q. Did you tell her you were a policeman until you had got those answers from her? A. No—I went to ask her questions—I am a plain-clothes man—I know that the Rev. Mr. Brown was here on Monday to give her a character.
SAMUEL OLIVE . I am assistant to Mr. Grant. I produce some curtains and chair-covers, but was not present when they were pawned—I know the prisoner as a pledger—the ticket attached to the curtains is in the name of Thompson, and is partly in my writing; the name is my writing.
Cross-examined. Q. Has Mrs. Thompson been in the habit of pawning? A. Never, to my knowledge—things have frequently been pawned in her name, and taken out again, and pledged again, by her brother—I believe she has had to pawn goods for her daily bread—her present servant is in the habit of coming for her now.
MARIA THOMPSON . I live in Sloane-street. The prisoner was in my service nearly four years—during that time my brother has pawned things for me, but no one else, as I wanted money to finish a Chancery suit, where I have 2,000l. coming to me—I do not owe the prisoner anything—she was paid occasionally—these curtains are mine—they belonged to Sir Peter Thompson, my ancestor—I never authorised them to be pawned.
(MR. METCALFE here withdrew from the Prosecution.)
NOT GUILTY .
CHARLES CHINN (policeman, A 225). I went with Tewsley to Windsor—I searched the prisoner's boxes at the Rev. Mr. Brown's, and found a pair of ear-drops—we came to town, and I said to the prisoner, "Have you not a box at 4, Arthur-street, Trevor-square?"—she hesitated—I said, "I know you have"—she said, "Yes, I have"—I went there—on the road, she said that there were several things of Mrs. Thompson's, and that the ear-drops were hers—I found in the box five cups, a saucer, six boxes, a case, and three dishes.
Cross-examined. Q. Did not she say she had pawned some things for her mistress for the purpose of finding them with daily bread? A. At the police-court—it is my duty to ask questions—I was in plain clothes.
Cross-examined. Q. The prisoner came into your service in 1844? A. Yes—Colonel Torrens came to lodge with me in Aug. 1846, which, with some stables at Bermondsey, which I let at 30l. a-year, supported me—my house
is mortgaged—I pay the interest—the Chancery suit is now at an end, and Ihave only to go to get the money—I was not in distress while Colonel Torrens was there—I had a servant named Jane Pouts—she was committedfor felony, but escaped because I had no counsel (see page 272)—I forgetwhat the prisoner's wages were—she asked 12l. and took 10l.—she was onboard wages at 10s. a-week, and quite enough, she only washed the dishes—I have not promised to pay her when I got the Chancery suit—she has notasked me time after time for her board wages—I have never given her things to pawn for me—I have no right to say out of what fund I paid her wagesin 1845.
(The prisoner received a good character.)
NOT GUILTY .
(There was another indictment, upon which no evidence was offered.)
505. CHARLES ANDERSON and JOHN TRACEY , stealing 1 painting, value 2l.; the goods of Mary Ann Moore; Anderson having been twice before convicted, and Tracey having been once before convicted: to which
TRACEY pleaded GUILTY .** Aged 24.— Transported for Seven Years.
MICAIAH REED (policeman, E 108). On 9th Jan., about half-past six o'clock in the evening, I saw Anderson in Tottenham Court-road, in front of a shop, with his back against some railings—Tracey walked by on the opposite side—he crossed over and spoke to Anderson—they remained in conversation two or three minutes—Tracey then crossed the road, and Anderson followed him—they both went towards Mrs. Moore's shop—a wagon passed, and I did not see them—I saw them come away from the shop together—Tracey had this picture in his hand—I collared him, and said "What have you got here?"—he said, "You have got roe this time, Mr. Reed, and I am glad of it, because I am quite tired of the life I have been leading lately"—I took him to the station—I afterwards took Anderson at the Adam and Eve, Hampstead-road, and told him the charge—he said he knew nothing about it, and had not seen Tracey.
ANDERSON— GUILTY . Aged 21.— Transported for Seven Yean.
THOMAS WEBSTER HEARNE . I am landlord of the George, in the Broadway. This pot and saucepan-lid are mine; I saw them safe on 15th Jan., and missed them next morning—I employed the prisoner, she was there on that day.
GUILTY .* Aged 19.— Confined Twelve Months.
GEORGE RODMELL (policeman, B 205). On 17th Jan., about a quarter to twelve at night, I saw the prisoner go down Orchard-street, Westminster, with a bundle—I stopped him, and asked what he had got—he said, "Nothing"—I asked where he got it—he said, "Nowhere"—at the station he said a man gave it him to carry—it contained two parcels, one of cloth and one of serge—one wrapper was addressed, "Kissing and Co., Hythe," and the other, "Messrs. Naylor and Co., Hythe.'1
HENRY DAVIS . We had an order from Kissing and Co., of Hythe—it was worth 17l. 18s. 3d., and was sent to the booking-office—there was a parcel inside it addressed to Messrs. Naylor and Co., who are the same firm.
JAMES PRICE . I am clerk to Mr. Moore, carrier, of Old Change. I received this parcel from Elmer, signed his book, and saw him place it in our porter's hands, who called it over to me, and I entered it—it was put in the regular course to go into the track.
CHARLES STEVENS . I am a carman, in Messrs. Moore's employ. On 17th Jan., about a quarter to six o'clock, I received this parcel from Elmer, and put it into the cart, to go to the Eastern Counties Railway—I bad charge of it—when I got there I missed it.
Prisoner's Defence. A man on Westminster-bridge gave it me to carry. (The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy,— Confined Six Months
508. JOHN MAHONEY , stealing 1 watch, 1 watch-guard, 1 ring, and 1 key, value 6l. 3s.; and 3 sovereigns and 2 sixpences; the goods of Robert Chapman, in a vessel on the Thames; having been before convicted.
ROBERT CHAPMAN . I am master of the schooner Spring, lying off the Custom House. On 30th Jan., between two and three o'clock in the morning, I was in bed, and was awoke by the prisoner drawing my watch from a shelf over my head—he had no business there—I seized him with it in his hand—he had lit the candle, which I bad put out when I went to bed—there were three men on board, but no one slept aft but me—we struggled; he bit my fingers—my mate came to my assistance, and the police—I missed my purse, three sovereigns, and two sixpences, from the shelf—there was a ship on each side of mine—this is my watch; it fell on the bed.
WILLIAM HENRY FORFAR (Thames-policeman). On 30th Jan., between two and three o'clock in the morning, I was in a police-galley, heard a noise, and saw the prisoner and Chapman struggling on the deck of the Spring—I went; the prisoner was very violent; we were obliged to lash his hands and feet—he said he had lost his knife; he only wished he had it, he intended it for some of us, but he was innocent—he could get on board by one of the watermen's boats—he was sober.
Prisoner's Defence. I was in liquor, and had been with a friend; I walked over the tier to get ashore, and the captain came on deck and seized me.
GUILTY .** Aged 20.— Transported for Seven Years.
WATTS pleaded GUILTY . Aged 14.— Confined One Month.
HENRY ROWDEN, JUN . I live with my father, Henry Rowden. On 23rd Jan., about two (clock in the afternoon, I left home, leaving some pails outside the shop—I returned about eight, and they were gone—a policeman afterwards brought two pails and the prisoner—I cannot swear to these pails (produced).
ESTHER HOGGETT . I am thirteen years old, and live with my father, Thomas Hoggett, at Queen-street, Hoxton. I was playing in Pitfield-street, and saw Watts, and another boy who took a pail from Mr. Rowden's door, and walked away as fast as he could—when he got to the baker's shop he put it on his head, and ran—he came back with Watts, and I told my brother.
Cross-examined by MR. PAYNE. Q. Did your sister go back with you? A. No.
HENRY GELLITT (policeman). On 23d Jan., between seven and eight o'clock, I took Reardon. and asked him if he knew anything of the pails that were stolen from Pitfield-street—he said he knew nothing of it—Hoggett came up, but could not identify him; I let him go—I took Watts; took him to Hoggett's house, and they identified him—I took him to the station, and knowing Reardon, I went to his house, and said, "Now, Tiger, I want those pails"—he said, "I will take you where they are"—we went to Linch's house—Reardon said, "The policeman has come for the pail that you bought of the boy"—she said, "I did buy a pail of the boy; I gave him 6d. for it," and fetched it—Rowden could not identify it
NOT GUILTY .
JOHN WARRINGTON . I keep the Hope and Anchor, Bereaford-street, Lisson-grove. The prisoner was in my service about a month—I received information from my sister, and marked three shillings and four sixpences, I put them into my waistcoat-pocket, and left it on my bed on Wednesday—next night I missed 1s. 6d. from it—next day, about two o'clock, I went to it again, and missed 1s. and two sixpences—the prisoner sleeps on the same floor with me—I gave him in charge, saw him searched, and 9s. 2d. found on him, among which was 1s. and two sixpence, which I had marked and put into my waistcoat—these are them (produced.)
Prisoner's Defence. Any one could get into the bed-room; there are two or three persons there who know the routine of the bouse better than me; I pay for the beer at the bar, and give persons change, and must have taken the money in that way; no one would be noticed coming down stairs, as the club-room and bagatelle-room are both up there.
NOT GUILTY .
OLD COURT.—Friday, February 2nd, 1849.
PRESENT—Mr. Justice COLERIDGE; Mr. Justice CRESSWELL; Mr. Ald. FAREBROTHER; Mr. Ald. MOON; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the First Jury.
MR. CAARTEEN conducted the Prosecution.
JOHN LAWLER . I am a labourer, and lodge on the second-floor at 62, Baldwin's-gardens. On 3d Jan. I returned home, between four and five o'clock in the afternoon, went into my room, and found the prisoner, her daughter, two or three other females, a cabman, and another man there—their conduct was not very proper—I took no notice, but sat down quietly—after about an hour the prisoner began insulting and abusing me, and speaking disrespectful of my character—I had not said anything to them—after a few minutes I stood up, and said, "Who do you mean?"—she said, "You, you vagabond"—I said, "You virago, what do you mean?"—the daughter then said to a female who was there, "Mary, this is all through you; they have formed an idea that you get your living by night-walking"—I said, "No, it is no such thing; but Mary has informed a person in the house that you have had a child"—the daughter then took up a cup of boiling water, or cocoa, and threw it over me, and then took some cups and saucers, and plates, and a tea-pot, and threw them at me—I took up a loaf to defend my face—the prisoner then took up a pan, which they keep bread in, emptied some water out of it on the floor, and struck me with it on the crown of the head—it stunned me, broke the pan, and cut my head, which bled very much—I had not touched the prisoner at that time—after she struck me I tried to catch the two, but some women interfered, and took them out of the room—I went and got a policeman, and gave them in charge—I afterwards went to the hospital, and had my head dressed there twice.
Cross-examined by MR. BALLANTINE. Q. Was there a Mrs. Fleming there? A. Yes—she occupies the room I lodge in—she does not live with me—we do not sleep together; I swear that—she is married, but does not live with her husband—the prisoner's daughter was committed on this charge—I am an Irishman—I did not call the prisoner a b—y old lying b—h; I called her a liar and a virago—I did not call the daughter a wb—e; I told her she had lived with a man, and had had a child, and on that she took up the tea-pot, and threw at me; it did not injure me; I think the contents of it did; it went against the wall—she was rather intoxicated—I did not take up a knife and throw at her, nor the loaf; I did not attempt to strike her—the prisoner got between us—I did not strike her in the face, and knock her down—she sat down when I attempted to catch her and the daughter—she did not sit down with her own free will and consent—she might be under the apprehension that I might strike her; I was in a passion; I am married—my wife lives in the neighbourhood.
MR. CAARTEEN. Q. Do you live in this house, or only take your meals there? A. I lodge there, and sleep in the room where we take our meals—that is a separate room from Mrs. Fleming's—a child of mine sleeps with me.
BRIDGET FLEMING . I live at 62, Baldwin's-gardens. On the afternoon of 3d Jan. I was in my room, on the second-floor, with a woman who lodges with me—the prisoner and her daughter were there—about an hour after
Lawler came in—we were having our tea—the prisoner's daughter said Lawler had said she was getting her living by being on the town, and the prisoner began to abuse him, and said, "You vagabond, you ought to beashamed of yourself; you get your living among women"—Lawler said nothing to them—the daughter took up a cup of cocoa, and threw it at him, and then the saucers, and plates, and whatever she could get—the prisoner then took up the tea-pot, and struck him with it—he took up the loaf—she then took up the great bread-pan, threw the water on the floor, and struck him with the pan on the skull, and bled him like a bullock—it was a very violent blow indeed; I thought the man was dead—the pan broke on hit skull—Lawler had not laid a finger on her—I tried to get her into the bedroom, and she bit me in the arm.
Cross-examined. Q. Did you see her lying on the ground? A. No, nor sitting; she was standing up all the while—Lawler put his hand to her to push her out of the room—he did not call her an old lying b—r, or a liar, or use any bad language to her—he called her a virago—he did not take up a knife—I am single: I have a husband, but do not live with him; I was parted from him, before a Magistrate, through his drunkenness and ill-treatment—he was tried here for cutting my throat, but I did not appear against him, I thought it was a hard thing to do for a mother of eight children—I do not live with Lawler, nor sleep in the same room with him; I never did—he is a lodger of mine; he sleeps in the sitting-room, and I in the other.
JOHN CLOVER (police-sergeant, G 156). The prosecutor gave the prisoner and her daughter into my custody—the prisoner said it was done in a passion, and gave him into custody—his head was cut, and bleeding very much—this pan was in the room, broken, and Lawler said that was the pan his head was cut with.
THOMAS CARR JACKSON . I am house-surgeon at the Gray's—inn-road Hospital. Lawler came there on 3d Jan., between six and seven o'clock in the evening—he had an incised wound on the crown of his head, about an inch long, and going to the bone, you could put your finger in—it was bleeding—I did not consider it a dangerous would; it might have been—it might have been caused by the sharp edge of this pan.
Cross-examined. Q. Any wound may be dangerous, may it not? A. It may—this wound healed very easily—the sharp edge of a tea-pot might have done it, or any sharp edge; but it was most probably done by the pan—he only came to me twice—I dressed the wound with a little lint steeped in cold water, and next day it was quite well—I do not think the round rim of the pan would cause such a wound—the convex portion might have come first against his head, and broken the pan, and then the broken part might have inflicted the wound—I do not think that would necessarily have caused contusions.
MR. BALLANTINE called
ANNA MARIA BOWEN, JUN . I am the prisoner's daughter, and am 19 years old. She has a son-in-law named Richard Andrews—he had been drinking at the house—Lawler came in while he was there—after he had left Lawler called the prisoner a b----y old lying b----r;—I said, "You have no right to call my mother such a name"—he then called me a cross-born, bastard-bearing wh—e; on that I took up a cup from the table and threw it at him—it did not hit him, it went against the wall—he then threw a loaf at me, and then a knife—they did not hit me—he was then going to strike me, when my mother ran between us, and he struck her in the face and gave her a black eye—she fell down—she got up again—he was going to strike her again, and
she seized a teapot that was standing on the table—I did not see her do anything with it—I never saw her use the pan—she did nothing to him till he knocked her down—he lives with Mrs. Fleming.
MR. CAARTEEN. Q. Was there a cabman with, you and your mother before Lawler came in? A. Yes—we were not quarrelling, only joking and chaffing between ourselves—it was not about Lawler; nothing was said about him—my mother did not call Lawler a vagabond—she told Lawler that he had been saying something to my brother-in-law, the cabman—I threw nothing at him but one cup—I did not see my mother throw the teapot—I did not notice Lawler's head—my mother's eye got much blacker in a day or two—I was taken up on this charge—the Grand Jury threw out the bill against me.
GUILTY of an assault. Aged 56.— Confined Seven Days.
Before Mr. Justice Cresswell.
MR. PAYNE conducted the Prosecution.
MARIA LUFF . I am the wife of Thomas Luff, a labourer, and live at 8, Nottingham-place, Kingsland-road. The prisoner lodged in our house—on 29th Dec., about six in the evening, I went into the yard to take in my gown that I had hung out to dry—the prisoner came while so doing and pushed by me—I told him I was going to take in my gown, and he was not to lower my props; I did not want my gown dirted any more than his wife's—he said, "You b—y b—h, I will let you know who is master," and struck me with something that he had in his right hand on my temple—it bled very much—my clothes were swamped with blood—his wife, who was there, took a child away from him which he had in his left hand—he then said, "You b----y b—h, I will give you a Lancashire kick"—he then threw me down and kicked me on the left side of my head, and in the ribs—he then went into the parlour, where he lived—I went and sat down in my husband's chair by the kitchen fire—his wife had gone out then—while sitting in the kitchen the prisoner came in and said, "You b----y b----h, I will do for you; I will cut your throat"—he had a buck-horn handled knife in his hand, and he drew it across my throat, but he heard footsteps, ran into his parlour, and shut the door—I pushed him when he gave me the second blow on the bead with his rut—I had not struck him at all before that—I bled furiously, and Mr. Finer was sent for and dressed my wounds.
Cross-examined by MR. PARRY. Q. Were you sober? A. Yes, quite—I had not been in the yard saying that I would be mistress of my own house, and the b----y wh----(meaning his wife) should not hang her things on my line—I never said anything of the kind—his wife had hung some clothes on the line in the morning—the line was fixed with clothes-pegs—I had not got the pegs in my hand—the baby was on the prisoner's left arm—I did not bear him or his wife say, "Don't talk to a drunken woman"—I did not then strike the prisoner—I did not hear the prisoner say, "Don't talk to a drunken woman; I now find it is quite true what the neighbours told me"—I did not see that the prisoner was holding the line down for his wife to take some things off it—I did not fall down because I was drunk—I was not drunk—I do not know that the prisoner went to his room and locked himself and his wife in—I did not go kicking at the door and using bad language for an hour or an hour and a half—I did not use any bad language then—I know Mrs. Grover, who lives at the top of the street—I do not know Mrs. Bell or Mrs. Holland—I knew Esther
Judd, who lives opposite—Mrs. Moore once lived in our house—those persons were not all there that day; there were only the prisoner and his wife—I do not know how long it was after the blows that the surgeon came—it was not two hours; it might be one—the prisoner's wife sent for a policeman—I never called the prisoner a b----y sheep-stealer: nothing of the kind—the prisoner's wife called me a one-eyed b----h, and I said then, "You are gravyeyed"—I did not say "b----b;"—I have been to Worship-street police-office Mr. Grover's boys ill-used me, and they said I threw water over them, and they got a warrant for roe, but it was all false—the Magistrate fined me 10s.—I have never been charged at the police-office with being drunk—the neighbours said I was drunk, because I never associated with them—they always call me a drunken b----h—the prisoner had not the child when he rushed at me with the knife—that was about a quarter of an hoar after I had gone in doors.
WILLIAM FINER . I am a surgeon, and live at North-place, Kingsland-road. On Friday evening, 29th Dec., I went to 8, Nottingham-place, about seven o'clock, and met the prosecutrix in the passage—I went with her into the kitchen—I found her clothes completely saturated with blood, while appeared to come from a small wound over the left temple—it must have been inflicted with some instrument; a fall, or a blow from the fist could not have produoed it—she fell back into a chair in an insensible state, and continued so half an hour—I thought she was dying from loss of blood—her feet and legs became very cold—after she recovered she became violently sick—that would be very likely to be produced by such injuries as she has stated—I particularly observed what she vomited, and smelt it, and told the policeman Gilbert to do so also, and there was no smell of liquor—on the Saturday I found that one of her ribs was broken, I could not set it—I dressed the wound over the eye the same night, while she was lying on the floor—the prisoner was brought in by the policeman, and she said, "That is the man; it was he that did it"—the prisoner immediately answered, "I own I struck her; she struck me first"—I have seen a knife, and also some clothes-pegs—the wound was such as might have been produced by either of those.
Cross-examined. Q. How long do you think she had been bleeding before you got there? A. I should say at least three-quarters of an hour—it was a jagged wound down to the bone, wounding a branch of the temporal artery—I will not say that the wound was made with the knife—a knife generally makes a clean, sharp kind of wound, but this is not a clean sharp knife—it might have been made with the clothes-peg—there was blood on that—from that I draw the inference that the clothes-peg was the instrument—I think it is the more likely instrument of the two—that peg was found among about three dozen others, in a basket on a table in the kitchen where the woman was—the prisoner said he had cut his knuckle, which he might have done with the nail in the clothes-peg—I should not like to say whether if the woman had fallen from a push or a blow given her, with the peg in her hand, and the peg struck her temple, that would produce such a wound—the prisoner always denied using the knife—the prosecutrix told me that the prisoner said he would give her a Lancashire kick—I have been four years a surgeon—I am a member of the College of Surgeons, and a licentiate apothecary—I had a good deal of experience in wounds while in the hospital.
MR. PATNE. Q. Did she mention the knife in his presence? A. Yes—she said he did the wound with a knife, and he had put it up his sleeve. (The prisoner received a good character).
GUILTY of an Assault. Aged 42.— Confined Four Months.
Before Mr. Justice Coleridge.
MR. PLATT conducted the Prosecution.
EDWARD ELGAR (City policeman, 85). On Wednesday morning, 24th Jan., about a quarter-past two o'clock, I was on duty near the White Horse, Fann-street, Goswell-street, and saw a crowd in front of the bar there—the prisoner was among them—he and a woman with whom he cohabits were quarrelling with Bresnahan, who is known among his companions by the name of Browney—I called out to the landlady, and said I must have the house cleared immediately—I took hold of the prisoner first and put him out, and the woman afterwards—I then took hold of Bresnahan, and while I had hold of him Glynn came in again—I seized him by the collar, and threw him out of the house with considerable force, so that he almost fell down—it is a narrow court, and he fell up against a wall—when be stood upright again I observed that he had his right hand in his trowsers pocket—my attention was occupied for the moment in getting others out of the house, and on looking round I saw Glynn and Bresnahan fighting—Glynn kept his left hand in front of him, striking only with his right hand very wide and swinging blows—I immediately rushed between, forced them apart, and immediately saw blood gushing out of Bresnahan's face and neck, and he cried out, "My God! he has been and knifed me"—I then seized the prisoner by the collar and looked at both his hands, but found no knife—Bresnahan bled a good deal—the blood flew all across the passage on to the shutters of the public-house—he was taken to Mr. Child's, the surgeon.
THOMAS BRESNAHAN . I am a labourer, and live at 22, Field-lane, Holborn. On Tuesday night, the 23d, I was at the White Horse, Fann-street, and saw the prisoner there in front of the bar—about twelve o'clock, I told him not to interfere with any words that were going on in front of the bar any more than myself—there were words with other people—I asked for another pint of porter, and they would not serve me—the police-sergeant came in—I walked out, and the prisoner turned out after me—he stood in an attitude to fight me with both his hands up, and before I had time to ask what he meant by it, he struck me a blow with his right hand—his left hand was down—Elgar rushed in between us—I was going to return the blow, and be cut me a second time with the same hand—I did not feel that I was subbed—I thought the people had chucked some hot water on me out of the window till I saw both my hands smoking with blood—I then turned round, and said, "By God! he has struck me with a knife!"—I was taken to the station, and Mr. Childs examined me—there was a wound across my throat which bled very much—it soaked through a thick handkerchief.
COURT. Q. Had you had no quarrel with the prisoner that evening? A. No; nor with any other persons there—I had not said a word to him, except what I have said—I had not seen him since the night before—we met first that evening about twelve o'clock up-stairs, and directly he came I went down stairs to the front of the bar, and he afterwards followed me down—the woman who lives with the prisoner called me a bad name just as I was going out of the door, and I said, "If I was close to you, I would give you a smack of the cheek, "and with that the prisoner followed me out.
Prisoner. Q. Did I speak to you up-stairs 1 A. No; you came down alone, you did not say a word for half an hour alter you came down—I
spoke to you first, and told you not to interfere—you wanted to take part with the landlady of the house where you live, for fear she should not trust you with another night's lodging—I did not say if you interfered I would pay you for it—I did not ask you to come out and fight, and have the fight out we had had a fortnight before—you did not tell me that you could not fight on account of your arm being so bad, and I did not say if you did not fight I would punch your head—a young woman there did not say, "Tom, do not be so hard upon him; he can't fight now"—I did not run after her to hit bet—I walked quietly to the step of the door, and she called me a fig's get—that was on account of the row that happened between us a fortnight before—I never spoke to her before this night—I did not pass up and down Field-lane with her—I did not tell her I would punch your head for interfering—you did not tell me if I waited till your arm was better you would have it out
COURT. Q. Was his arm bad at all? A. Not that I know of—we had a fight a fortnight before.
GEORGE BANKS (City-policeman, 153). About two o'clock in the morning of 24th, I found this penknife (produced) on the pavement, near the White Horse—it had blood on the blade—it was shut—I saw the prisoner and prosecutor fighting outside the door—it was neár that spot that I found it—I heard Bresnahan call out, "He has knifed me!"
GEORGE BORLASE CHILDS . I am a Fellow of the College of Surgeons, and am surgeon to the City-police Force. On Wednesday morning, 24th Jan., about half-past two o'clock Bresnahan was brought to me—he was very faint from loss of blood—he had received a punctured wound on the left cheek—a small artery had been divided—I also found a wound sweeping along the left side of the neck, extending from just behind the ear to the front part of the neck—it passed over the jugular vein, the carotid artery, and the principal nerves leading from the brain to the trunk—it was such a wound as might have been produced by this knife—the man's life was only saved by the dulness of the weapon—the wound on the cheek was a vertical wound, about an inch in extent, and reached to the bone—such an instrument as this might have produced both wounds—he must have lost a good deal of blood—he is still under the care of Mr. M'Murdo at the Compter.
Pritoner's Defence (written). The prosecutor challenged me to fight; I told him I could not in consequence of my arm; but if he would wait till it was well I would; he insisted on fighting, and when the young woman with me spoke to him about it he abused her, and threatened to strike her; he ran after her, and when I tried to prevent him he turned round and struck at me; I followed him out of the house; he struck at me several times, and I guarded the blows off with my right hand; I have not had a knife in my possession for some weeks past: besides which the mob of the prosecutor's friends was so great that it was impossible for the policeman to have seen, if I had one; I have no doubt that it was one of his friends who had the knife, and in, tended it for me; he has been sentenced to six months from this Court for robbing a woman of a watch; he was so drunk that it is impossible for him to say how he was injured.
EDWARD ELOAR re-examined. Both of them had been drinking, but were not what would be termed drunk—they were both quite capable of taking care of themselves, and knowing what they were about—there were from
twenty to thirty persons there—I distinctly saw what passed: there WAS a gat-lamp a few yards off.
GUILTY on 2nd Count. Aged 23.— Transported for Seven Years.
NEW COURT.—Friday, February 2nd, 1849.
PRESENT—Sir WILLIAM MAONAY, Bart. Ald.; Mr. Ald. HUMPHERY; Mr. RECORDER; and Mr. Ald. MOON.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 38.— Confined Fifteen Months.
GUILTY . Aged 45.— Confined Six Months
GUILTY . Aged 43.— Transported for Ten years.
GUILTY . Aged 22.— Confined One Year.
ROACH pleaded GUILTY .— Confined Six Months.
GINIVAN pleaded GUILTY .*— Confined One Year.
GUILTY . Aged 17.— Confined One Year.
GEORGE WRIGHT . I am waiter at the Jamaica coffee-house, St. Micnael's-alley; Mr. Mason is the proprietor. On 27th Jan., soon after six o'clock, the prisoner entered the coffee-room, sat down, and took a paper—he afterwards went to a table where there was a glass; took a spoon out or it, ana was going out—I stopped him, and said, "You have stolen a spoon—he took it out of his pocket, and gave it me—I gave it to Mr. Mason—he gave it to the constable.
Cross-examined by MR. ROBINSON. Q. Has Mr. Mason any partner? A. No—persons are not allowed to come there to read the newspapers—it a subscriber wants to meet a person there, it is common to do so—the prisoner did not appear in the least intoxicated.
(The prisoner received a good character)
GUILTY . Aged 42.—Recommended to mercy by, the Jury.— Confined One Month.
HENKY BILSON . I am assistant to Messrs. Barker, pawnbrokers, of Hounds, ditch. On 25th Jan., about six o'clock in the evening, the prisoner came, and offered me this chronometer, tied in a dirty piece of cloth, with no top to the case, as it is now—I questioned him whether he had the "rate" of the chronometer, stating how it goes, whether losing or gaining—he said he had, and pulled some papers out of his pocket, and said he had lost it—he said he had left the top of the case at his lodging—I asked if it was his own—he said it was, and he bought it in Liverpool for fifty guineas—I said I must go with him, to make inquiries—we went out; he did not want to go any further; he wanted to return, and get the chronometer—I took him to the station.
JOHN FRANCIS TWOMEY . I am master of the Kate Kearney, from Jamaica; it is in the West India Dock. This ohronometer belonged to Adam Carr and two others—I missed it from on board, and this case of razors, belonging to myself, about half-past one o'clock on Thursday afternoon—it was kept as the head of ray berth—the top of the chronometer was left on the top of my bed; it had been wrenched off.
EDMUND JOHN WALSH . I am chief mate of the Kate Kearney. I saw the prisoner on board on 25th Jan.—he asked about some ship-master belonging to Cork, and said he was engaged in repairing nautical instruments, and if I had anything to do in that line he would be glad to do it for me—I said I did not—I asked him into the cabin, and gave him a glass of grog—I came on deck—whether he was in the cabin or not I cannot say—this chronometer was safe half an hour before.
ALLEYN NATHANIEL EVANSON . I am apprentice on board the Kite Kearney. The mate sent me down to look at the chronometer, and about half an hour afterwards it was missing—I found the top of the case on the top of the bed-clothes—I had seen the prisoner in the cabin near where it bad stood.
HENEY FINNIS (City-policeman, 633). On 25th Jan., a little after six o'clock, I took the prisoner—I received this chronometer from Mr. Billion—I found on the prisoner this case of rasors, two duplicates, a few circulars of a nautical instrument maker, and 18s.
Prisoner's Defence. I was searched twice at the gate; it is not 5 likely Icould have such a thing; I bought it that afternoon of a seafaring man, andthe rasors also
GUILTY . Aged 26.— Transported for Ton Years.
CAROLINE AUSTIN . I am the wife of John Austin—I am a laundreas, and live in Belgrave-buildings, Pimlico—I employed the prisoner as a washerwoman—I missed a shirt, a handkerchief, some towels, and two irons—Itraced the towels and shirt to Mr. Courtney, a pawnbroker, in Lower Eaton-street—I had inquired of the prisoner what had become of the shirt—shesaid she did not know anything of it—my husband, who was with me, reeived from the prisoner two tickets.
Cross-examined by MR. PARNELL. Q. When did you ask her about this shirt? A. About a month before she was taken—she had been in my employ about four months—she had pay for two days, and her victuals far the rest of the week—I do not owe her anything—I always paid her when her work was done—I paid her half-a-crown on Tuesday night, and half-a-crown
on Wednesday night—the did not expect more, that was the agreement—I never pawned anything at Mr. Courtney's, nor sent my servants—I never sent the prisoner there—I believe she is married and has some children—her husband was in employ.
WILLIAM DENT . I am assistant to Mr. Courtney, a pawnbroker. I produce two irons, one shirt, four towels, and a handkerchief, pawned by the prisoner—I have the counterparts of the duplicates tied to the articles.
Cross-examined. Q. Did you take them all in yourself? A. No, only the two irons from her—the duplicates are all in her name—this shirt was pawned on the 30th Dec.—she has been in the habit of coming to the shop ever since I have been there, about ten months—she has pawned things and redeemed them from time to time—I have heard she is married and has children—I have never taken in anything from Mrs. Austin to my recollection—I do not know her.
ROBERT WHITE (policeman, B 100). I took the prisoner—I got from her the counterparts of these duplicates—she gave me one of an iron, and these four duplicates in a small bag, two of them relate to these things—I believe the others belong to herself and daughter—she said she was very sorry, she did not do it for drink, but to get her children bread.
Cross-examined. Q. When was she taken? A, On 9th Jan.—I cannot say that I know her husband—I have seen him out of work—she has several children—the youngest is nine years old—the others are able to provide for themselves—she is very destitute.
MRS. AUSTIN. These are the articles I missed—some of them have the mark on them—this is a captain's shirt who is now at sea—she took it out of a bundle—they were all under my charge—he would have taken it if it could have been found.
Prisoner's Defence. If I had had my money when I had done my work I should not have done it; I delivered up three of the tickets before the officer came to me.
GUILTY . Aged 39.— Confined Three Months.
523. HENRY SAMUEL CHESTER , stealing 18 yards of carpet, and 1 hearth rug, value 4l.: also 8 yards of carpet, 15s.; the goods of Thomas Charles Druce and another, his masters: to both of which he pleaded
524. HENRY SAMUEL CHESTER was again indicted with THOMAS ARMENT , and THOMAS ARMENT the younger , for stealing 54 1/2 yards of damask, value 25l.; the goods of Thomas Charles Druce and another, the masters of Chester: to which
CHESTER pleaded GUILTY . Aged 24.
MESSRS. BODKIN and BALLANTINE
conducted the Prosecution.
WALTER CALDWELL . I am salesman to Messrs. Keith and Co., of Cheaptide. I remember selling these two pieces of crimson damask to Watson and Co., of Holborn-hill—our selling price to the trade would be 9s. 6d. a yard—the pattern of it is peculiar to ourselves; I do not believe any one else makes it—I had only these two pieces of that warp, and they were sent to Watson's—it was a job lot at 7s. 9d., or 8s. a yard.
Cross-examined by MR. HUDDLESTON. Q. Did you make no more than these two pieces? A. No; they were made for stock to sell to the first customer—I have made a good deal since of the same pattern, but not of the same quality—I have got on this one, the number and mark and length—here are fifty-four yards and a half—I have made others of this pattern cheaper than
this—a warp when made a certain length would make two or three pieces—this warp made only two pieces—this is an out of the way pattern—I never saw it made by any one else—it is for curtains and for covering chairs.
THOMAS RUSSELL . I am town traveller to Messrs. Watsons, of Holborn-hill. I purchased the crimson damask of Messrs. Keith and Co.—we have one of the pieces—the other piece I sent on approval to Mesrs. Druce and Co., about 16th of Sept.—I sent for it again in Dec, I did not get it back—the piece that we had in stock is now here.
WILLIAM WATKINS FRAY . I am manager of Messrs. Thomas Charles Druce and another's business, 200, Regent-street—they have likewise an establishment at Baker-street bazaar—I received a piece of this crimson damask from Messrs. Watsons, on approval—I believe this is the piece (looking at it)—it was sent for in Dec., and we could not find it.
Cross-examined. Q. Do you say that you have not sold it? A. I have not—we do not enter in our books what we receive on approval—if we had got a customer we should have sold it, but then we should enter it in out books—I believe our books are not here—myself and Henry Payne are in Messrs. Druce's employ—there have been no others since Sept.—Henry Payne is not here—this damask has not been at Baker-street—the establish ment in Regent-street is a large establishment—the one in Baker-street it larger—there are four persons at the Baker-street basaar—if a customer wanted anything which they had not got there, they would tend to Regent-street with a written order, and the goods would then be booked and sent—Mr. Druce is in partnership with Mr. Broadhurst, and has been for six years, I believe—Mr. Druce is not a clerk to Mr. Broadhurst—the names are Druoe, Brock, and Co., at Regent-street—I do not know such t person at Brock, the firm is Druce and Broadhnnt.
THOMAS COBLEY (policeman, K 65). On 14th Dec. I saw the younger Arment in Whitechapel-road—I asked him some questions, and in consequence of his answers I took him into custody—on the following day I saw some crimson damask at Mr. Jackson's, an upholsterer's, in shorediteh—I look it into my possession, but not on that occasion—this produced is it—there are from thirty-six to forty yards of it—within about a fortnight afterwards I went to Mr. Hewetson, an upholsterer, in Tottenham-court-road; I there got about eighteen yards of the damask—these are the pieces.
GEORGE SPENCEE WALL . I do not know the prisoner Chester, I have never seen him—I know the two Arments—I saw this damatk about 12th or 14th Oct., at the elder Arment's house, in the Tenter-ground—I had sold something for him before, and on going to his house he produced this damask—it was then in one piece—he asked me if I could sell it for him—I said I never did sell any, but I would try—he wanted 6s. a yard for it—I took and tried it more than a week—I could not tell it at that, being in one piece—I took one yard as a sample—this is it—I told the elder Arment, in three or four days afterwards, at bis house, that I could not tell it—I told him I was only offered 3s. 6d. a yard for it, (Mr. Jackson had offered me that)—he said he would not take that, and I never saw him again for several days afterwards—I then asked him whether he had told the damask—he said, "No, and he was inclined to take the 3s. 6d."—I went to Mr. Jackson, and told him—he said he would not mind taking it at 3s. 6d.—he had bought the whole of it, but I happened to go into Tottenham-court-road, and called at Mr. Hewet-son's, and they offered to buy some at 5s. a yard—I met Mr. Arment at he was going to Jackson's, and told him I had got a better bargain for sixteen yard of it—the younger Arment was with hit Gather then—we went into a
public-house and had something to drink—we remained there about a quarter of an hour—we agreed that the younger Arment should go to Jackson's with the thirty-seven yards, and that I should take the sixteen yards to Hewetson's—the father left us at the public-house, and the younger one and I went to a haberdasher's shop at the corner of Houndsditch—the younger Arment remained outside the shop—I went in, and the gentleman in the shop cut the silk damask—I took the sixteen yards and a half—I left the remainder with young Arment—I had written a bill—this is it (looking at it)—I left it with young Arment—I took the sixteen yards and a half up to Howetson's, and left it there—I received of him 4l.—I met young Arment at seven o'clock in the evening at the Pied Horse, in Chiswell-street—I paid him the money, deducting 12s. as my commission; he gave me an acknowledgment for it—this is part of it, it tore in my pocket, and a part of it is lost—I saw him write it and sign it, I did not see the elder Arment for some time afterwards.
Cross-examined. Q. Where do you carry on business? A. At 42, Great Charles-street, City-road—I was taken into custody, and then I made a statement of all that I knew of this transaction—when they found out how it was, they made me a witness—I was discharged on my own recognizance—I have been in the habit of selling things for different persons as a commission-agent for thirty-five years—when I sell goods, I generally take a sample and show it—there was nothing in this transaction that excited my suspicion—I received a sample, and went to a number of places to try to get the price—I do not know what are called "damaged lots"—if an article is sold by itself, it will fetch a less price than if sold in bulk—I had no offer at all till Mr. Jackson gave me an offer of 3s. 6d.—I made no concealment about this—I went to some of the first houses in London—I mentioned the price I was to ask—I mentioned to Mr. Arment that I had been to a great many places, and that was the only offer I could get—he refused to let it go at that price—it might be a week afterwards that he gave me instructions to take that price—Mr. Hewetson keeps a large manufactory for bedding, and chain, and tables, in Tottenham-court-road, and Mr. Jackson is in the same way—it does happen that commission-agents sometimes do business at public-houses, and sometimes at the houses of the persons.
JOSEPH JACKSON . I am an upholsterer, and live in Shoreditch. I believe I purchased this thirty-six yards of crimson damask of Wall on 24th Oct.—I paid 3s. 6d. per yard—I paid by a check, which I produce—he was to have brought fifty-four yards, and when it came there were but thirty-six—I thought it had been Wall that brought it, but I believe it was the younger Arment—he is the penon to whom I gave the check—this is the bill of parcels (produced)—the contract was made with Wall—the person who brought the goods to me afterwards put his name to the bill of parcels.
GEORGE SPENCER WALL (re-examined). Here is ray own name written at the bottom of this invoice as making the contract—this name of "Thomas Arment," written underneath, I did not see written, it is not my name—the younger Arment is the person to whom the thirty-six yards were given with this bill to take to Mr. Jackson.
Cross-examined. Q. This has written on it, "Cash by bearer,—G. S. Wall? "A. Yes—I handed the bill to the younger Arment, with this writing on it.
MR. JACKSON, re-examined. About a month afterwards the younger Arment came to me and brought me two samples of damask—he said he had them to sell—he said I might as well buy them of him as I had bought some of him through Wall a little time before—he was a stranger to me—I said I
would not buy them of him, I did not recollect him—he said I had before bought a piece of crimson damask of him through Wall, and I might as well buy it of him, as I understood him, without agency—I sold two yards of the damask at 3s. 9d. a yard.
Cross-examined. Q. How long have you been carrying on business in High-street, Shoreditch? A. Twelve or fourteen years—I believe it sometimes happens, in the course of business, that we have considerable bargains with what they call "job lots"—I suppose we have them of persons who pick them up at auctions—I cannot say whether what I gave was the value of this damask—I bought it as French goods and a job lot, not enough for a suite of furniture, which for window-curtains, chair-covers, and two couches, would require about a hundred yards—when silk is sold in a less quantity, we give a less price for it—I frequently buy of commission-agents—when young Arment came to me on the second occasion, he himself alluded to the transaction I had had with Wall—I did not recollect Arment—I drew the check for Wall.
MR. BODKIN. Q. You say you bought this as French goods; did you examine it? A. I examined the yard—I now find that it is English—I should be very much surprised to hear that it cost 9s. a yard.
HENRY FOTHERGILL . I live at Messrs. Hewetson's, in Tottenham-court-road; they are extensive upholsterers. I bought sixteen yards and a half of this damask for 5s. a yard—I did not take it for French—I paid Wall for it—he showed me a sample, from which I bought it—fifty four yards or thirty-six yards would not be enough to make a suite of furniture—I know that silk of this description is made in lengths of fifty or fifty-four yards, but you can always get more at the manufacturers—this would be used to cover a sofa or an easy chair.
SUSANNAH BATIMAN . I am the wife of Thomas Bateman; he lives at the Georgt public-house at the corner of Little Prescot-street, Goodman's-fields. I know the elder Arment—he brought this check to me on the evening of the 25th or 26th Oct., and asked me to give him cash for it—he said it was one he had taken in the course of his business—I looked at it, and said, "If you place your name at the back, I will change it for you"—he said, "I can't write; I will thank you to do it for me"—I wrote his name on the back—I knew he was a coal-merchant—I had had four tons of coals of him—I did not know he kept a coal-shed.
Cross-examined. Q. Do you know whether he is a person who sells things on commission? A. No—I never had any dealings with him, but ever since I have had that house I have known him as a customer—he asked me for an order for coals, and I gave it him—I knew his name, and wrote it for him.
LANCELOT ROWLANDSON . I am an upholsterer, and live at 83, White-chapel-road. About three months ago the younger Arment came to me, and offered to sell some crimson silk-damask similar to this—I asked him where it came from—he said he sold it for a small manufacturer in Spitalfieldi—I declined it—I believe he offered me this piece of goods at 3s. 6d.—he told me afterwards he had sold it to Mr. Jackson for 3s. 6d.
JOHN DAVIS (City-policeman, 551). I know the two Arments—the elder Arnent lives in the Tenter-ground, near Prescot-street, and keeps a coal-shed—I have seen the younger Arment; I was given to understand that be lived with his father—I have seen him down there—I know the elder Annent has kept the coalshed four or five months.
THOMAS ARMENT, JUN.
525. HENRY SAMUEL CHESTER, THOMAS ARMENT , and THOMAS ARMENT, the younger , were again indicted for stealing 90 yards of damask, value 18l.; the goods of Thomas Charles Druce and another, the masters of Chester.— 2d COUNT, charging Thomas Arment and Thomas Arment, the younger, with receiving the same; to which
CHESTER pleaded GUILTY . Aged 24.— Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
WILLIAM WATKINS FRAY . I am in the employ of Thomas Charles Druce and another. This buff and crimson damask belongs to them; it was not sold—I missed the exact quantity which has been found—this is a piece which was a cover of a chair which I believe to be the same—I saw this in our stock on 1st Sept.—young Arment was taken about the middle of Dec.—when I came to look for this I found it was gone.
Cross-examined by MR. HUDDLESTON. Q. From whom did you get it? A. From Messrs. Holdsworth; they are large manufacturers—I have no mark on this—I know it because I have another piece of the same pattern—this other piece of damask has no mark on it—I bought this of M'Crie and Ball; they are large manufacturers—the whole of this piece was thirty, and here are twenty-nine yards.
HINRT HOLDSWORTH . I am the agent to Messrs. Hoidsworths' manufactory, at Halifax. This buff and crimson damask is our manufacture—there were only five pieces made of this pattern and colour, and Messrs. Druce had them all.
GEORGE SPENCER WALL . I know the two Arments—I believe they live in the Tenter-ground—I have been to their house—I do not know that they live together—I saw this yellow damask once at the police-office—this buff and crimson damask I have seen before; the elder Arment gave it me to sell, I think, in Oct—I went to Mr. Jackson's, and to several places—I showed it to Mr. Jackson, but did not sell it to him—I took it back, and delivered it to old Mr. Arment—this crimson damask the elder Arment gave me to sell—I sold twenty or twenty-one yards, at 1s. 7d. a yard, to Mr. Jackson—I paid the money to the elder Arment—it was between 1l. and 2l., deducting nay own commission, 2d. a yard.
JOSEPH JACKSON . I keep a shop, in High-street, Shoreditch. I purchased this crimson damask of Wall—I believe I paid him 1s. 7d. a yard—he afterwards brought the crimson silk damask that I spoke of before, and I believe he brought this buff and crimson one together with it, if I saw this one before Wall showed it me.
COURT. Q. What is the value of that you bought at 1s. 7d.? A. I suppose 2s. 6d., or 2s. 9d., in the whole piece—I objected to the other, as it was a large pattern, and this was small.
Cross-examined. Q. Was 1s. 7d. a price you would give for a remnant? A. I could not give more—I should not consider it worth more.
ROBERT CARTER . I am a wholesale-upholsterer, and live in the Minories. I bought this crimson and buff damask of the younger Arment, about the middle of Nov., at 1s. 9d. a yard—there were thirty yards of it—I asked him where he got it—he said in exchange for packing-mats, which are mats used for packing upholstery goods—I paid him two guineas and a half for this altogether—this is a damaged piece—if it were perfect it would be worth 84s. or 85s. a piece—this was damaged in the dye, and from lying in an upholsterer's shop—it was exposed in my warehouse for three weeks, and offered for sale at 2s. a yard.
Cross-examined. Q. Is it in a saleable condition? A. Decidedly not—I
have known Arment for four years—he sold some music-stools to our people—I understood he was a seller or maker of those articles.
HENRY HOLDSWORTH re-examined. This is not damaged in the dye—it is as good a colour as you could expect—the colour did not answer my expectation, and I sold it at a reduced price, at 3s. 6d., to Messrs. Druce, for them to get a profit on it.
JAMES GEORGE HURST . I am a labourer, in the London Bocks. I know both the Arments—the younger one was a fellow-labourer with me, and I have understood that he occasionally works after hours with his brother, in making music-stools—the elder Arment keeps a coal-shed in the Tenter-ground—the younger Arment told me that he was out on bail; he did not tell me what for—after that I saw the elder Arment—he asked me if I would accompany him to the West-end for a walk—I accompanied him to Portland-street, Oxford-street—he enquired after a man named Chester—I showed him Chester's house—(I had seen Chester one week previous to that)—Chester was not at home—we went to a coffee-house, and waited—he came, and he and the elder Arment had some conversation; I did not hear any part of it—Chester gave me a sovereign and a shilling to give to the elder Arment, which I did.
Cross-examined. Q. Did you know Chester's house before? A. On 22d Dec. the younger Arment came to me while he was out on bail, and asked me to accompany him to Chester's—I was not before the Magistrate—I have not been examined as a witness by any person—they found me in the London Docks to-day, and told me what they wanted me for—I recollect the date, by its being the Friday in the week before Christmas—young Arment took me to Chester's, as a witness—Chester was not at home—we met him in the street-young Arment spoke to him—he said he was in trouble, and he wished him to advance a little money to assist him in his defence; he did not say why—that was all that took place that evening.
MR. BALLANTINE. Q. When young Arment said be wanted some money for his defence, what answer did Chester make? A. That he had none then to give him, but would give him some in a few days.
THOMAS COBLBT (policeman, K 65). On 14th Dec. I was in Whitechapel-road—I saw the younger Arment offering a piece of yellow damask for sale to Mr. Jewel, a broker—he did not buy it—I followed young Arment, and when I came up to him I asked him what he had there—he hesitated at first, and then said, "Stuff"—I said, "What stuff?" and after some further hesitation he said, "Damask"—I then asked him where he got it—he said he bought it at a sale-room—I said, "What sale-room?"—he said he did not know—I said that was very unsatisfactory—he then said he was entrusted with it by a man to sell—I asked him what man, and who he was—he said he did not know—I told him he must go to the station-house with me—he immediately said he had bought it in a public-house—I asked him what public-house—he said he did not know—when he got to the station he said he bought it at a public-house kept by a man named Webb, in Whitechapel—he said he had never dealt in any damask, or sold any before.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes—what I said was taken down—I was not examined before the Grand Jury—I made no memorandum in writing of what was said.
MR. BALLANTIHE. Q. The conversation applied only to this yellow damask? A. Yes; the crimson was found at Mr. Jackson's afterwards.
had seen this yellow damask last on 1st Sept.; it was all we had of it left—we found in Dec. that it was gone—between the 1st Sept. and the 14th Dec. we had not sold any of it,
THOMAS ARMENT—Aged 67.
THOMAS ARMENT. JUN.—Aged 28.
GUILTY of receiving — Transported for Ten Years .
CHARLES CHINN (policeman, A 255). On 25th Jan. I saw the prisoner in a marine store-shop, in Sloane-street, Chelsea—he was offering these three pieces of lead for sale—I asked where he got them—he first said he dug it out of the ground at Kensington, where he had been at work—he afterwards said he saw two men place it under some stones, and he went and took it from the stones—I took him into custody—he was searched at the station, in my presence, and this metal was found on him—I found that the lead corresponded in appearance with some belonging to Mr. Winn—I have brought a piece which corresponds with it—the prisoner said at the station that the metal came from the same place as the lead did.
EDWIN HART . I am in the employ of Mr. John Winn, of Charlotte-street. The prisoner worked for him at the New Union, at Kensington—the policeman brought this lead to the premises, and I saw it compared with some pipe—it matched it—I had removed this metal on the day before the prisoner was apprehended, and left it in a room at the Union—it is the property of Mr. Winn, the prisoner had worked for some days in his service.
Cross-examined by MR. METCALFE. Q. Was the prisoner digging a trench near the workhouse? A. Yes.
COURT. Q. Is this the Magistrate's writing to this deposition? A, Yes—(read—"The prisoner says, 'Yesterday afternoon I was making a trench; I found the lead and the metal altogether, at the new workhouse."
GUILTY . Aged 50.—Recommended to mercy by the Jury.— Confined Fourteen Days.
THIRD COURT—Friday, February 2nd, 1849.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Third Jury.
DAVIS pleaded GUILTY .* Aged 18.— Confined Six Months.
WILLIAM GARROD . I am warehouseman to Thomas Holloway Furze. On 29th Jan., between six and seven o'clock, he had some rugs on his horse, and chaise opposite the door—I missed them—these are them (produced.)
WILLIAM SHEPHERD (policeman.) Between six and seven o'clock, on 29th Jan., I followed the prisoners—each had one of these rugs—I took them—Davis said he found his—they were about 500 yards from the place.
Brown. Davis gave me a rug to carry; I did not know he stole it. Witness. He said he bought it in the lane, and gave 2s. for it.
BROWN— GUILTY .* Aged 17.— Confined Six Months.
William Fenton. You knew it was stolen; it was a boy named Barrett thieved it. Witness. There was a boy with you.
William Fenton's Defence. I did not sell it, or have the money; I saw it sold.
WILLIAM FENTON— GUILTY . Aged 19.— Transported for Seven Years.
ROBERT JOHN FENTON— GUILTY . Aged 15.— Confined Three Months.
WILLIAM KNIGHT . I am waiter at the Glazier's Arms. I was at my door, and saw Scott take a boot and walk away, arm—in-arm, with Beaney, with it under her shawl—I told Mr. Daniels—we pursued and overtook the prisoners in Printing House-square—Seott had the boot on her.
SCOTT— GUILTY . Aged 19 Confined Three months
BEANEY— GUILTY . Aged. 16.
(There was another indictment against the prisoners.)
WILLIAM REARDON . On 18th Jan., about three o'clock, the prisoners brought me this barrow, and asked if I would buy it—they asked 9s. for it—I offered 5s.—they would not take it, and left—Stanton came back, and asked 6s.—I said, "No"—he went back to Donnelly, and then came back, and let me have it—I knew him before, and knowing that he was hard tet I bought it.
JOSEPH HANSON (policeman). I took Donnelly at Chelsea-workhouse, and told him the charge—he said he borrowed it to fetch some linen for Miss Williams, of 22, Lower Store-street—I said I must see her—he said, "It is no use going, she don't live there now"—I said, "Which way did you go with it?"—he said, "By the Edgeware-road, and white we were in the public-house having a pint of beer the barrow was stolen"—I afterwards took Stanton—he said the barrow was stolen from them in a public-house in the Edgeware-road—he bad not heard Donnelly tell me so,
know Donnelly by sight. On 18th Jan. I saw Stanton walking backwards and forwards, for ten minutes or a quarter of an hour, facing my shop, which is opposite where the barrow was taken from—he crossed over, went forty or fifty yards, and stood talking to some one five or ten minutes—Donnelly knocked at Mrs. Smith's door, and brought a barrow away—I did not see whether Stanton joined him.
Donnelly. Stanton did not know that it was stolen.
Stanton's Defence. Donnelly told me he was going to dispose of his barrow and coffee utensils; I took him to a public place, where I was known, to sell them, which I should not have done if I had known they were stolen.
DONNELLY— GUILTY . Aged 20.— Confined Six Month.
STANTON— NOT GUILTY .
531. ELLEN CONNELL , stealing 1 purse, value 5s.; 1 handkerchief, 2s.; the goods of Charles Higgins: and 1 pair of ear-drops, 1 scarf, and other articles, value 10s.; the goods of Francis Higgins, her master.
FRANCIS HIGGINS . The prisoner was my servant. In consequence of suspicions I ordered her box to be searched—all these things (produced) were found in my pretence—they are mine—she had no business with them.
Cross-examined by MR. PRENDEROAST. Q. Can you fix upon anything that is yours? A. This cap, stocking, and handkerchief, are mine—she had been with me not quite two months.
GUILTY . Aged 36.— Confined Three Months.
532. HENRY OLIVER, HENRY GEORGE GOODMAN , and JOHN SULLIVAN , breaking and entering the dwelling-house of William Reynolds, and stealing 1 work-box, 4 brooches, 2 bracelets, and other articles, value 2l.; 15 shillings, and 8 sixpences; his property.
MR. BRIARLY conducted the Prosecution.
HARRIET REYNOLDS . My husband's name is William—he is a gentleman's servant—we keep a grocer's and cheesemonger's shop at Hammersmith. On 9th Jan. I shut the shop-door, and went up stairs for not more than five I minutes—I returned, and found the door open, but did not miss anything then—between five and six o'clock in the evening I missed a mahogany cash-box, containing about 1l. in silver, and a work-box, from the parlour table; also the other articles stated—it is our dwelling-house, and is in the parish of Hammersmith.
ELIZABETH AHDRE . On 9th Jan., between three and four o'clock, I saw the prisoners come down the road together—Sullivan went into Mr. Reynolds' shop, came out, and spoke to Oliver—then Sullivan and Goodman went in and came out; Sullivan with something under his arm about the size of a quartern loaf, wrapped in a red handkerchief—Goodman walked away with it.
JOHN KEEVAL (policeman, T 179). I stopped Oliver about half-past four o'clock, in Kensington, with this box (produced) covered over with a red handkerchief—he said he had been to take it out of pawn, but did not know the pawbroker's name—Andre afterwards picked Sullivan and Goodman out of a crowd.
Goodman. Did not you go to my house and eat and drink with the
family? Witness. I had part of a pot of beer—they asked me to drink; I did not tell your friends you were innocent—I was present before the Magistrate and heard him caution the prisoners before asking if they had anything to say—(Deposition read—Sullivan says, "I do not know anything about the case. I met Goodman about ten o'clock on Monday morning, at the corner of New-street, Covent-garden, and he asked if I knew what had become of Oliver; I said 'No' He asked if I had anything to do; if not, would I come to the police-court. I went, and was taken into custody."
Goodman's Defence. I was not there t I hare witnesses to prove that I was married on the Monday, and it does not stand to reason that I should go thieving on the Tuesday. Goodman called
ELIZA MELSON . My hasband is a labourer, we live at 10, White-hart-street, Covent-garden. The prisoner, Goodman, was married on Monday, Jan. 8th; his mother and brother came in the evening, not knowing he was married, and caused a disturbance at the mother-in-law's door, Mrs. Maybone, 8, Bennett's-court, Drury-lane—his mother came about seven, and he was frightened of leaving the house—he never left on Monday or Tuesday—I was there the whole time—I never left—I went to the wedding—I sat up all night, and all day Tuesday, and all Tuesday night as well—I have three. children, aged 13, 9, and 8—I left them—they go to school—we sang songs—I did not sing any, I was attending to them—Mrs. Maybone and her daughter (the young wife) and the prisoners, Oliver and Goodman, all breakfasted together on Tuesday morning, and another young man who is not here—we had tea and bread «nd butter, no liquors—we never left the house—we did not have any dinner—the young woman's father—I n-law came home about seven—he is a baker, and does not leave work till seven-frort twelve in the morning till four we were playing at cards—I did not play, I am not in the habit—no one played but Goodman, his young wife, and the children—I was talking to the mother, and reading the Morning Advertiser, part of the time—I did not see any of them eat anything from ten till seren—they had? little beer and spirits about dinner-time; I mean about twelve o'clock—his mother came back on Monday and Tuesday and kicked up a disturbance on the stairs—all I can say is that Goodman was never out front Monday, when he was married, till Wednesday—it was friendship that induced me to sit up those two nights—not a creature went to bed bnt the young children—I do not know what became of my children, or how the virtre fed—they came to me morning and evening—my youngest was with me—the bride and bridegroom never went to bed or went out—on Wednesday morning Sullivan cawe and fetched Goodman from the place.
MARY ANN MAYBONE . On 8th Jan., Goodman was married to my daughter at St. Clement's Church, and were never out of my place till Thursday, about half-past twelve—when we got home from the wedding we had dinner, and a little jollification and a supper—I have two rooms—the new-married people occopitd one that night, and Mrs. Melson staid up with us all night, as we had only one bed-room—the new-married people got up about eight next morning, and breakfasted with me, my children, and Mrs. Melson—the other prisoners did not call that day—we had roast beef and potatoes for dinner, about half-past one o'clock—there was a party of five besides me and my family—Mrs. Melson was very well, and eat the beef pretty comfortably.
MRS. GOODMAN. I am the mother of the prisoner. About half-past eleven on Monday, he went and cot married unknown to ma—we had a great many
words, and I went and made a great disturbance—I went again on Tuesday morning and they were not up.
Oliver's Defence. I went with the two other prisoners and a man named Penny, on Tuesday morning, to Hammersmith, to take a work-box out of pawn, belonging to the mother of one of them; Penny took it out; he had the cramp going along, and I carried the box; the policeman stopped me, and I said it had just come out of pawn. (Oliver received a good character.)
OLIVER— GUILTY . Aged 22.
GOODMAN— GUILTY . Aged 20.
SULLIVAN— GUILTY . Aged 18.
Confined Nine Months.
533. GEORGE MORTIMER , stealing 1 bag, value 3d., 11 sovereigns,1 half-sovereign, 10 shillings, 2 sixpences, 2 groats, and 4 pence; the property of Charles Dumergue, in the dwelling-house of Thomas Hutchinson; having been before convicted.
MR. THOMPSON conducted the Prosecution.
BEATRICE DUMERGUE . I am the wife of Charles Dumergue. On 26th Jan. I went into a baker's-shop and laid down a bag on the counter, containing the money stated; a hand whipped it up—I saw a boy running away; I ran after him, calling "Stop thief!"—he was taken—it was the prisoner—he said, "Pray forgive me, I won't do so again."
JANE HUTCHINSON . I live with my father, Thomas Hutchinson, a baker, in Crawford-street, it is his dwelling-house. Mrs. Dumergue came to the shop—a boy came in, took the bag, and ran away—I cannot recognise the prisoner.
SAMUEL CRANE . I work opposite Mr. Hutchinson's—I saw the prisoner run out of the shop—there was no other boy there—I ran after him, stopped him, took the bag of money from him, and gave it to the policeman.
Prisoner's Defence. It was another boy.
GUILTY .** Aged 12— Transported for Seven Years.
MR. EWART conducted the Prosecution.
ELIZABETH WATKINS . I am in Mr. Abel's service, of Colebrook-row, Islington; it is his dwelling-house. On 20th Jan. I went to bed about one o'clock—I fastened the door—the staircase window was shut, but not fastened—I got up about ten minutes past seven, and found it opened, and the flowers moved away—I called my master.
WILLIAM ABEL . I live at 12, Colebrook-row, Islington. On 21st Jan. my servant called me up—I found the staircase-window and the street-door open, and missed some coats, spoons, a pair of sugar-tongs, and other things, none of which have been found—a tea-chest was moved from the parlour into the kitchen—I found a knife in the kitchen which did not belong to me—I gave it to the policeman.
GEORGE COLLIWS (policeman, N 59). Mr. Abel sent for me, and gave me this knife—I found a mark on the railing, and found they had got up to the window by some lead pipe—I saw impressions of footsteps of two different sizes very fresh—I examined the prisoners' shoes with them by making a,
mark at the side, and they corresponded—one boot has half the heel off—I found the shoes at the prisoners' lodging, 2, Swan-yard, Islington—they both owned the. shoes—they both sleep in one room.
JOSEPH RAKER (policeman). On 9th Sept. last I had Field in charge, and found on him this knife—I know it by its having four rivets on one side, and two on the other, and I made this private mark on it before I returned it to him.
Field's Defence. It is false; Waddington, the gaoler, hat got the knife that was taken from me.
JOHN MAYNARD . I live at 3, Parson's-court, Islington. On 9th Sept. I and Field were taken into custody on suspicion of a burglary—a knife was taken from Field—this is not it—it had a black handle, and only one blade.
MR. EWART. Q. How long have you known Field? A. All my life—I was convicted with him before a Magistrate, and got three months.
MARGARET CHARLOTTE . My husband is a paper-hanger at High-street, Islington. I saw Field go into his own home, at half-past one o'clock last Sunday week—I was sitting up for my husband till half-past four o'clock—I know that Field did not go out again.
FIELD— GUILTY . Aged 23.— Transported for Seven Years.
WATSON— GUILTY . Aged 23. — Confined One Year. (Field had been twice before convicted, but it was not charged in the indictment.)
MESSRS. BODKIN and CLERK, for the Prosecution, consented to a verdict of Not Guilty upon the three first Counts, the prisoner pleading
GUILTY to the 4th Count. Aged 40.— Confined Six Months.
OLD COURT.—Saturday 3rd February, 1849.
PRESENT—Mr. Justice CRESSWELL; Mr. Ald. MOON; Mr. Ald. FARMCOMB; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fourth Jury.
536. JOHN CLEMENSON , stealing 22 spoons, 12 forks, 1 pair of sugar-tongs, 1 sugar-scoop, and 11 forks, value 25l. 10s.; the goods of John Hobday Jones, in the dwelling-house of Caroline Clemenson: to which he pleaded
GUILTY . Aged 26.— Confined Eighteen Months.
(The prisoner received a good character, and was recommended to mercy).
Before Mr. Justice Cresswell.
MR. O'BRIEN conducted the Prosecution.
JOHN HAYNES (policeman, A 430). On 26th Dec, about eight at night, I was on duty, and saw the door of the King's Arms, at the corner of White-cross-street and Chis well-street, open, and saw fighting going on inside—there were two soldiers, of whom the prisoner is one, and a number of other people—three women and one man were turned out, and then the two soldiers—they stood outside the door—I was about twelve yards from them, and when I came towards them the prisoner said to me, "If you won't let me fight them, you b----r, I will fight you"—I said, "Oh, no you won't, comrade, take my advice, and go away;" with that he up with his foot and kicked me in the private parts—I recollect no more, till I found myself in a chemist's shop—I was afterwards taken to St. Bartholomew's Hospital, remained there about a quarter of an hour, and then went home, and Mr. Mather has been attending me—the prisoner was quite drunk—I went on reserve duty again last Monday week.
Cross-examined by MR. PARRT. Q. You gave him no provocation? A. No—I am recovering now.
JOHN BUBBERS MATHER . I am surgeon to the police force. On 27th Dec Haynes was placed under my care—he had received an injury in the penis, both testicles, and the contents of the scrotum and the urethra were ruptured; the parts were very much enlarged and swollen; he was under my care for a month—there was no external wound, except that the lining membrane of the urethra was ruptured, that caused a small flow of blood for two days mingled with the urine.
Cross-examined Q. He is recovering now? A. Yes—I hope he will permanently recover—there is no external wound—the external blow caused an internal rupture to the blood-vessels of the urethra—there must have been a breach of the skin which lines the urethra—supposing an external blow on any part of the stomach, so as to produce an internal rupture, there might or might not be an abrasion of the skin internally—there was a rupture of the continuity of the membrane lining the penis, which is a skin precisely the' same as that which lines the cheek, and the external and internal skin of the lip.
(MR. PARRY suggested that no external wound having been caused, this case did not come within the statute. MR. JUSTICE CRESSWELL. The continuity of the skin must be broken This seems like the case of the inside of the cheek or nostril: any skin covering a part is in one sense an external skin, I should concur with the view taken by Mr. Justice Patteson (See vol. 27. page 515) if the circumstances of this case were similar There is evidence for the Jury; what they will do with it is another thing.) (The prisoner received a good character.)
GUILTY of an Assault .— Confined Four Months .
538. THOMAS ILLIDGE , feloniously and knowingly uttering a forged warrant for the delivery of goods, with intent to defraud the London Dock Company: 2 other COUNTS, calling it an order and a request; Other COUNTS, with intent to defraud Samuel Vincent and another.
MR. BALLANTINE conducted the Prosecution.
three in the afternoon, the prisoner came there with some one else, and handed me this tasting order (produced)—I examined it and found that in marks and numbers it was quite correct—I noticed that the ink of the signature of "Vincent and Pugh" was partly wet—I called the attention of Robert Langley to it, who asked the prisoner where he got it—I did not hear his reply.
Cross-examined by Mr. HUDDLISTON. Q. What was it brought to you for? A. For examination and for my signature—I should sign across the front—this would not authorise a person to taste until I had signed it—I am not in the habit myself of seeing parties taste the wines—I do not go into the vaults.
Mr. BALLANTIWE. Supposing the document to be a genuine one when it is produced to you, is it your duty to sign it at once? A. Yes, and past it to the person who gives it me—I am bound to do so at once; I have no discretion.
COURT. Q. Who has the custody of the wine? A. The London Dock Company.
ROBEET LANGLEY . I am chief clerk at the Cresent vault-office, wine department, in the London Docks. On 9th Jan. my attention was called to this tasting order—I asked the prisoner were he got it from—he said from a person in a tobacconist's shop—I asked him who he was and what was his name—he replied, "I do not know"—I said I thought it very strange that he should get a tasting-order from a party whom he did not know—he replied that it was so—I then said, "I have my doubts about the genuineness of this order, and I shall consider it my duty to send to the house of Vincent and Pugh to ascertain if the signature be a genuine one"—he said, "Very well, do so, and I will return in half an hour"—I said, "You had better wait until the messenger returns"—he said, "No, I shall come in half an hour"—he appeared to be in a very excited state, and anoxious to get away—he west away, and was not taken till many days afterwards—I have the charge of the wine in these vaults—it is not my duty or Daniels' to be present when the tasting orders are executed—Daniels accepts the orders—one of the coopers in the vaults has to be present.
COURT. Q. You say it is Daniels' duty to accept the order? A. Yes; and when he has accepted it, the cooper acts upon it—it is addressed to the cooper—the cooper has no authority to grant the tasting without Daniels' order, unless the merchants to whom the wine belongs come down themselves—they do not need an order like this until after they have tasted the wine—they generally know the particular spot where the wine lies, and, accompanied by the cooper, they are allowed to taste, and give an order afterwards, to account for the waste—a stranger who wants to taste wines has to bring an order, and that must be accepted before the cooper will act upon it—that course of business is well understood by merchants.
SAMUEL LUDLOW . I am cooper at the East vault of the London Docks. On 29th Nov. I received this testing order from Robertson the time-keeper—the prisoner was with him, and tasted the wine in a glass—the order would then be left at the Docks.
Cross-examined Q. In testing the wine does the person who testes it hold the glass while the wine comes out of the cask? A. No, we draw it our-selves, and give it to the party—I am positive it was the prisoner who came.
able to say from whom: I delivered it to Ludlow in the presence of the person from whom I received it, and he went with Ludlow into the vault for the purpose of tasting the wine.
JOHN LATHBURY . I am a cooper at the East vault wine department, at the London-docks—I received this order on 15th Dec. from Robertson, in the presence of the prisoner, and two others—they tasted the wine.
Cross-examined. Q. I believe you made a mistake in the cask in the first instance? A. Yes, and the prisoner threatened to report me.
CHARLES PUGH . I am in partnership with Samuel Vincent—we are wine-merchants, at 10, Rood-lane—the signatures to the three papers produced are not in my handwriting, or in the writing of any member of our firm—I have not given any authority for their being written—I know the prisoner by his calling at our counting-house sometime in Nov.—he represented himself to be shipping clerk to Messrs. Kallman, Brothers—he said he wanted some wines for shipment by their order, and he wished to taste the wine, and I think he had a sample as well as some tasting orders that day—those tasting orders were signed by me "Vincent and Pugh."
Cross-examined. Q. Were you the gentleman of the firm that he had an interview with then? A. Yes—sometimes the tasting orders are signed by my partner, but more frequently by myself—none of our clerks ever sign them—no one but myself or partner—they are given merely for the purpose of the party tasting wine in the Docks—they convey no authority to take away samples, or to remove any portion of the wine.
GEORGE WORSING . I am in the employ of Messrs. Kallman, Brothers, and have been so five years—I do not know of any other firm of that name in London—I do not know the prisoner—he was never in the service of Messrs. Kallman.
JOHN CLEMENTS . I am a constable of the London Dock Company. On 24th Jan. I was at a public-house in Blackman-street, Borough, with a man named Sayer and another constable, and saw the prisoner there—Sayer asked him if his name was Thomas Illidge—he said, "No; my name is not Illidge"—a cooper, named Felgate, in the service of the Dock Company was with me who knew the prisoner, and I said to him loud enough for the prisoner to hear, "Is this the man?"—he said, "That is the man"—I then said to the prisoner, "I want to speak to you, if you will step into the parlour; we went in, and I there said to him, "We are officers belonging to the London Dock Company; I have eighteen or twenty forged orders for tasting wines which I find you have uttered"—he said, "I know nothing of twenty orders, I only know about one"—I said, "Do you mean the last one you presented, and which was rejected"—he said, "Yes"—I said, "Where did you get that one?"—he said, "I got it from a young man at a public-house"—the prisoner has only been identified in connection with the three orders produced—I took him into custody, took him to the Docks, and showed him the whole of the orders—he made no remark.
MR. HUDDLESTON. I apprehend that this indictment cannot be supported, upon two grounds; first, because the instrument must at the time it is uttered purport to be a valid order, warrant, or request, showing an authority to deliver
the goods mentioned in it. Now the witness Daniels, has proved that it is not a valid instrument for any such purpose until he has countersigned it, which I he had not done when the prisoner presented it. Secondly; I submit that the instrument if completed would only give a permission to taste, and would not be either an order, a warrant, or a request for the delivery of the goods so as to enable the party to get them transferred into his own possession or control.
MR. BALLANTINE. As to the purport of the instrument, that is matter of evidence or explanation; it is obligatory upon the person to whom it is issued, although for the purpose of the internal management of the Dock business it might be required to be countersigned, (in the same way at a banker's check might, by some private regulation unknown to the party presenting it, require to pass through some particular hand before it is paid;) but its operation as a warrant is complete for the purpose to which it is applied at the time it issues from the merchant. With regard to the second point, there is a delivery of goods within the meaning of the Stalute; although, certainly in very minute particles, and not for the purpose of being carried away to such an extent as might form the subject of a charge of larceny,
MR. JUSTICE CRESSWELL. I do not think the case of a banker's cheek would be the same thing. It has been held that a Bill of Exchange cannot be described as such in an indictment, unless it has been accepted.
MR. BALLANTINE. A Bill of Exchange is an instrument requiring certain attributes, without which it would not exist; but it might be good described in another form.
MR. JUSTICE CRESSWELL. do not think that observation answers the objection. I have a very strong opinion at present that this is not an order for the delivery of goods. An order for the delivery of goods means that they are to be delivered to the party to be dealt with as his own, in any way he pleases. This wine is not so delivered; it is delivered to him for the special purpose of tasting, and nothing else, he has no other control over it. The order is directed to the cooper. Vincent and Pugh have no power to give an order operating on the cooper; he is not in any way bound to obey their order on the contrary, he is not to do so. Therefore it does not appear to be an instrument issued directly from Vincent and Pugh to the cooper, but it is to go through some other hands. The perfecting of the order is to be received from the clerk appointed to accept it, and it is his acceptance which is addressed to, and which binds the cooper.
MR. HUDDLESTON did not address the Jury on the case. The Court directed verdict of Guilty, reserving the points for consideration . The prisoner entered into his own recognizances in 50l., to appear and receive judgment when called upon.
MR. METCALFE conducted the Prosecution.
WILLIAM JEEVES NEWTON . I am a carpenter and joiner. About half-past six o'clock on the evening of 16th Jan. I was coming home through Goswell-street with my hands in my great-coat pockets—I saw the prisoners and. several men and women larking and jumping about on the path—Smith ran. into my arms—I said, "What do you do here?"—he directly turned round and began hitting me in my face several times—the women, of whom I believe Burns is one, were close at his side—I told him I would give him in charge—he challenged me to fight—I told him I would not disgrace myself with
fighting with him—I kept my hands in my pockets all the time, and directly I said that he began hitting me in the face again—he then ran away into Bell-alley—I went after him rather fast, to give him in charge—Burns followed me into Bell-alley, came behind me, and struck me under the left eye and on the right temple, I suppose with a knife, saying, "You b----, I will do for you"—the two blows were given as quick as possible—I immediately fell down senseless—Smith was then running away, and was about six yards in advance—when I recovered, my face was covered with blood, and there were a great number of people and police round me—I went to a surgeon.
Cross-examined by MR. PAYNE. Q. Is the surgeon here? A. Not that I am aware of—I believe Burns is one of the women I saw larking—I had seen her not a minute before I was stabbed—it was over in a very short time—I fell against a wall—I could not have struck my head against anything in the fall—I did not see any knife—I fell down directly she struck me.
Cross-examined by MR. HORRY. Q. Was it not while they were twisting and twirling about that Smith fell into your arms? A. No, he was coming backwards, and turned round directly and put his hands round me—he did not say anything—when I told him I would give him in charge he hit me again, and then ran away—they were not striking one another, only me—I expected he wanted to twist me about, but I was almost too large for him.
RICHARD JENKINS . About half-past six o'clock I saw Newton in Goswell-street, and the prisoners were twisting and twirling themselves about, and as he was coming along with his hands in his pockets, Smith fell into his arms—Newton shoved him away to make room for himself, and said, "What are you up to here?"—Smith turned round, caught hold of him by the waist, and struck him twice in the face, and challenged him to fight—Newton said he would not take his hands out of his pockets to disgrace himself to hit him, but that he would give him in charge—the prisoners then left, went down Bell-alley, and Newton followed them—Burns came by the side of him, knocked him down against a door, and stabbed him twice—I saw the knife in her hand—both stabs were given as he was falling—she said, "You b----, I will do for you"—she then shut the knife up, and put it into her pocket—Newton remained on the ground, insensible, for two or three minutes—he bled.
Cross-examined by MR. PAYNE. Q. How old are you? A, Fourteen—I live with my father in Bath-buildings, City-road—I do not go to school—I was going that evening to the Strand for my father, who is a reporter to the County Courts Chronicle—I saw Burns had something in her hand, and afterwards saw her shutting up a knife; she then went away—I did not know her—I saw her again next day at Clerkenwell—she had on a black gown, striped shawl, and white straw bonnet, trimmed with black velvet—the other woman had on a black shawl, and white straw bonnet—I do not know how it was trimmed—the whole thing lasted five or ten minutes—the stabbing was about two or three minutes after Smith rushed into Newton's arms—they were twisting and twirling about for about five minutes—the lamps were alight—I saw Burns quite long enough to know that she is the same woman—Smith was running away at the time this was done—he was before Newton, and Burns behind—I was following by the side of Newton—I wanted to see what became of it.
GEORGE BAKER . I was coming up Bell-alley, and saw the two men and women larking—I saw Newton and a boy coming by his side, and I saw Burns ran into Newton's arms, and ask him to come home for ten minutes—he said he could not—Smith then struck him in the face, and went down Bedalley—Newton said to Smith, "I am determined to have you locked
up"—Burns then knocked him down, made use of a bad word, and stabbed him in the right temple and left eye with a sharp penknife—she then shut the knife up, put it into her pocket, and ran away—I saw it distinctly.
Cross-examined by MR. PAYNE. Q. How old are you? A. Getting on. for fourteen—I live at 10, White-street, Bell-alley, with my father and mother—I went out that night to get some bread in Goswell-street—this happened not above twenty yards from our house—I told the policeman, as soon as he came up, what I had seen—he did not ask me about it—I had told a little girl about it, and she said she knew where the prisoners lived, and took the prosecutor to the house, but they were not there—Burns had on a black gown, and a white straw bonnet trimmed with velvet, and a striped shawl—me and Jenkins have not been talking this matter over together—the other woman had a white straw bonnet and a whitish shawl and gown on—I have never been accused of taking anything.
Cross-examined by MR. HORRY. Q. Were you going along, or standing there? A. Standing there—I saw them all larking and pushing one another, and as Newton came up Smith turned round; but I am not quite sure he is the man—there were two men there, and Smith was among the people larking—he was not trying to get away from them, he was larking with them.
WILLIAM DAVIS . I was in Goswell-street, and saw Newton coming along with his bands in his pocket—the prisoners were larking, and shoving one another about—Smith ran into Newton's arms, who shoved him away, and said, "Halloo! what are you doing of?"—Smith then hit him several blows in the face, and challenged him to fight—he said he would not take his hands out of his pockets to disgrace himself—they then hit him several blows, and he said be would follow them and have them locked up—Smith and another woman then went down Bell-alley, the prosecutor followed them, and Burns followed him, took some sharp instrument out of her pocket, and stabbed bim in the temple and under the eye—I am quite sure Burns is the woman-Smith was on in front, and Burns then ran on after him.
Cross-examined by MR. PAYNE. Q. You did not see Burns with a knife? A. No; I saw her take something from her pocket—I first mentioned this to Inspector Braanan the same night at the public-house, in Bell-alley—he took me there to put down my name—I did not know him before—I was going to Wilderness-row, on an errand for my father; I live with him at 20, Bridge-water-gardens—Burns had on a white straw bonnet, trimmed with black velvet-like ribbon, a black gown, and a dark plaid shawl.
JOEL HILL (policeman, A 441). I was called to Bell-alley, and found Newton there insensible, and bleeding profusely from a wound in his face—I received a description of the parties, and about two hours afterwards I apprehended Burns on suspicion, as she was coming down Golden-lane, which is about 200 or 300 yards from Bell-alley—I told her it was for stabbing a young man at the corner of Bell-alley, Goswell-street—she said she had not been in Goswell-street the whole night—I took her to the station—she was afterwards put with some other women, and confronted with Davis and Baker, who immediately identified her.
Cross-examined by MR. PAYNE. Q. Who else did you find, when you got up, besides Newton? A. A great quantity of people—the boys said they knew both the parties—I did not find any knife on Burns—it was some time after when I took Burns—she had on a plaid shawl, white straw bonnet, trimmed with black velvet, and a dark frock, the same as when the boys saw her.
French-alley, Goswell-street, which is about seventy or a hundred yards from Bell-alley—I said, "Mr. Looney, I want you for being concerned in that outrage that was committed last evening in Goswell-street"—he said, "I was not there; I was not out"—I said, "That is not true, for I searched here for you"—I then gave him into Harvey's charge—I had searched there 'for him soon after half-past six the evening before.
BURNS— GUILTY of an Assault. Aged 22.— Confined Nine Months ,
SMITH— NOT GUILTY .
NEW COURT—Saturday, February 3rd, 1849.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MR. ROBINSON conducted the Prosecution.
RICHARD TARRANT . I am partner with Mr. Hassell, of Commercial-road, Stepney—we are linen-drapers—the prisoner was in our service about eleven months—I discharged him, on 15th Jan., for negligence—I called on some of our customers, and caused the prisoner to be apprehended—he was our town traveller—it was his duty to enter the money he received in the cash-book, and pay the money to us every night—sometimes he did not come at night—he used to come in the morning for orders where to go to, and then he paid—I went to take him into custody, and received this letter from his wife—it is his writing—the sums charged in this indictment are not entered in his cash-book.
Cross-examined by MR. BALLANTINE. Q. Is your partner here? A. No, he has been subpœnaed on a trial—he has not been subpœnaed here—this is the book kept by the prisoner—it is the entering cash-book—we have a day-book; the prisoner did not keep that: I kept it sometimes, and sometimes Mr. Hassell did—Mr. Hassell kept the ledger—the day-book was merely to enter orders—we enter cash in the cash-book—Mr. Hassell has entered sums in this cash-book; he has entered them from bills—he would not make entries from the prisoner's statements; he has never done it to my knowledge, I will not swear that he has not—if the prisoner told him of an account he had received, Mr. Hassell might enter it—Mr. Hassell and I and the prisoner were all three together in the warehouse, at my residence in the Commercial-road, when we agreed to employ him—Mr. Hassell left it more to me, he is very deaf—I and the prisoner made the agreement—we employed him as a town traveller at a salary of 35s. a-week, travelling expenses, and one per cent, on all the money paid into this little book—we expected, when he received money, he would pay it to us—I do not know that there was anything particular said about the accounting—we are wholesale clothiers and slop-sellers—the prisoner had lived with Mr. Pawson—he introduced Messrs. Pawson and Co. to us as customers; we had them about three months, they spent 85l. at our place—he introduced a good many other persons to us—not a great number—he introduced Morrison and Co.—we have kept them; we sent them some goods last week—I went to them the morning the prisoner was discharged, to get an introduction to the buyers; it was not that the prisoner might not introduce anybody else—I went round to see whether the accounts were paid—the first deficiency I found
was Mr. Sell's, in Tooley-street, the next day after the prisoner was discharged—he was given into custody the next day—the prisoner had never applied to me for money when I was not able to give it him but once—he has gone in the country when we had nothing for him, to do in town—he has not applied for his expenses to go down—he has asked for cash, and has always had it, with the exception of once, when he asked for 10l., and we gave him 5l.—I did not tell him we had not got 10l. in the house—I told him it was a heavy day, being the 4th of the month, the day we settle, and we liked to keep our banker's account as respectable as possible—10l. might not have been an improper sum for him to have—we have not, during the time he has been with us, been exceedingly pressed for money—we have not, over and over again, received orders from him, which, on account of not having the money, we have not been able to execute, without it was one or two little things—he brought us an order for 40l. from Sheard, of the Strand—we would not send it; we did not like the order—I did not tell any one I was very sorry I could not execute Sheard's order, as he was a very good man—the prisoner settled accounts once before he left—it was in July—we had to pay him money then, I really do not know how much.
COURT. Q. From what time did that settlement go? A. From the time he came to our service, which was in February—in July we had to pay him about 2l.—we used to pay him his wages weekly, 1l. 15s. a week.
MR. BALLANTINE. Q. Tell me how much you paid him as the balance of his claim in July last? A. I do not think there was a regular settlement—I do not see any balance in this book—this is not my account—Mr. Hassell generally keeps the account—the prisoner always had money when he wanted it—the settlement was between Mr. Hassell and myself, and the prisoner—this book is only an old banker's book—it is filled up—I brought it, to ascertain what money we have paid him—from February to June, be received 31l. odd—he did not beg of me a fortnight before he left to go through his accounts—he said he should like to have a settlement.
MR. ROBINSON. Q. What was your answer to that? A. That we would settle with him shortly, when he had been with us the six months, or the time had expired—up to July we always paid him his wages weekly, and afterwards we paid him his wages as he wanted them—he has received since the 4th Aug. 52l.; that is more than his wages—he made no claim on the morning I discharged him—he did not make any statement at all that I was indebted to him—I have not heard from anybody in my employ that he complained of any money being owing to him—it was by going round to my customers that I ascertained that these sums had been embezzled.
Cross-examined. Q. Were you a customer introduced by the prisoner? A. Yes.
Cross-examined. Q. Were you a customer introduced through the prisoner A. Yes; I never heard of the firm but by him—I never knew him before.
HENRY BARNES (policeman, K 256.) I took the prisoner—he had this letter in his pocket; he handed it to his wife—I told him the charge: he said he should be able to settle that—he desired his wife to give the letter to Mr. Tarrant.
NOT GUILTY .
Prisoner. I offered you to look in my box, and asked if there was anything there belonging to you. Witness. Yes, but there was nothing there belonging to me—the mark has been taken out of this frock—this scarf has been made into a handkerchief—this ribbon and flower are mine.
GUILTY . Aged 19.— Confined Three Months.
JOHN WALLINGTON . I am in the service of the East and West India Dock Company. At three o'clock, on 22d Jan., I saw the prisoner coming from the direction of the Carnatic, lying in the West India Dock—I went to him, seeing that his cap was bulky, and asked him what he had got—he said, "A southwester"—I put my hand on the forepart of it, and said, "What have you got here?"—he said, "A few cigars"—I took him into the dock-office, and there overhauled him—I found concealed about him a quantity of cigars—I asked him how they came in his possession—he said they were given to him by a sailor on board—I said, "Can you point out the sailor to me?"—he said, yes he could: but he could not—I found this cap and these cigars on him.
Prisoner. I asked him to come round to the ship, and he would not. Witness. We went to one ship, to know if he had been working on board there, and he had not; and when we came back he wanted me to go back again.
ALFRED LOVEJOY . I am an apprentice on board the Carnatic—this southwester cap is mine, and these cigars—I cannot swear to them, but I can to the cap—on Monday, 22d Jan., at two o'clock, my chest was safe—next morning I found it turned bottom upwards, the bottom broken, and these things taken out of it
Prisoner's Defence. A man gave me this south-wester and cigars, because I lent him a hand to remove some boxes of cigars.
GUILTY . Aged 22.— Confined Three Months.
Prisoner. You did not pay me any money; Miss Clark paid my master 5s. 3d. Witness. I am certain I paid him 3s. 6d.—I am not certain on what day.
NOT GUILTY .
ROBERT HAPPY . I live with my mother, who is housekeeper to James Taylor. The prisoner asked me if there was any money up-stairs—I told her I thought there was some, for I had seen my mother go there—she told me to take the money, and I took 2l. 3s. to her house and gave it to her—she did not say anything—I told her there was more money up-stairs—she gave me my tea for robbing my mother, and on the Saturday night her husband gave me 5d.—the prisoner bought with the money a kettle, a coffee-pott and cups and saucers, and other things.
Prisoner. Q. Did I ask you to go and fetch me money? A. Yes.
Prisoner. You are not living with your mother, but with the man your mother kept before. Did you come to me and tell me that your mother promised you a new suit of clothes, and take you to the play, to swear against me?
Witness. My mother did say it, but I did not tell the prisoner—my mother told me she would give me a suit of clothes, because she wanted me to tell the truth,
----HAPPY. I am the mother of Robert Happy, and housekeeper to the prosecutor. I have been in the habit of having all his money to take care of—I had this money—it was put in a little bag in a drawer.
COURT. Q. What is this story of your offering the boy a suit of clothes, and taking him to the play? A, I tried him by all means; by fair means, and then I said, "If you don't tell me I will give you into the bands of a policeman"—it was seven o'clock at night before he told me.
JAMES BRANNAN (police-inspector.) I took the prisoner—I told her it was for inciting the little boy to rob his mother's master—she said, "I am very sorry for it; my husband told me it was wrong—the little boy to me it was part of his wages"—I asked if she had any money—she said, "No, only a few halfpence"—I went to the box and found 1l. 12s.—I found where she had changed a sovereign, and found the butter-pot, coffee-pot, and other things.
Prisoner's Defence. The money he found was got by my husband's hard labour and mine; my husband gave me a sovereign and told me to make the best I could of it; this boy met me and said he was after taking the money for his week's work; I saw 10s. in his hand in silver; he told me whatever I wanted he would pay for it; I told him I would not have it; I had money in my hand to pay for what I wanted; he bought a fiddle and a tambourine out of it.
GUILTY . Aged 28.— Confined One Year.
MR. O'BRIEN conducted the Prosecution,
JOHN OBADIAH WESTWOOD . I am a member of, and was secretary to, the Entyroological Society in Bond-street. On Jan. 7th, 1848,1 missed plates, belonging to that Society—Mr. William Yarrell is a member, and there are others—those plates produced are a description of insects, butterflies, and other things—I wrote upon these wrappers which covered the plates—no one had anything to do with them but me; they were under my care.
Cross-examined by MR. PRENDERGAST. Q. Is the Society incorporated? A. No—the prisoner was not at all connected with the Society, nor had he access to the property that I am aware of—what I lost in Jan. were coloured prints—none of them are here—I did not miss the plates produced, but I have
not been secretary for twelve months—I know all about the proceedings of the Society—the present secretary could not have gone on without coming to me for instructions—I had not the charge of this property, but had constant access to it—he is the person to whom the charge of the property is committed, but he has not charge of it more than the treasurer and other persons in the Society—the rooms are in Bond-street—when the officers are not in attendance the rooms are locked, and the key is left with the treasurer, Mr. William Yarrell.
MR. O'BRIEN. Q. The duty of the secretary is rather to take down the minutes of the Society? A. Yes—I know that these plates have never been parted with—there is no transaction of the Society but what I am acquainted with; having been on the Council from the commencement—there has been no sale or donation of prints.
NATHANIEL FORRESTER EDWARDS . I am a translator of foreign languages. In consequence of something I heard, I called on the prisoner, at 11, Angel-court, Strand—I said that I thought the best thing he could do was to disclose the whole of the robberies that he was acquainted with, and I would make application to the Secretary of State to get a pardon, and have him admitted as evidence for the Crown—I more particularly alluded to the prints which I recognised in his room—I did not then know that there was a charge against him—I became bail for him at the Mansion-house—I was not employed by him as an attorney; I appeared an clerk to Mr. Medina at the Mansion-house on that single occasion—I have no doubt, hope and expectation were the real cause of his disclosing this.
Cross-examined. Q. Where were the prints? A. On a sofa, in a bundle, covered over—the prisoner opened them, and showed them to me—I had been informed by him that a man named Schmidt and he were acquainted—I gave information of what I had seen the same evening—I placed them for security in the hands of the police—after telling the prisoner I would apply to the Secretary of State, I went and gave information—the prisoner promised to meet me at the house of another solicitor, to make this disclosure, on the following Monday, and I gave information instantly—I had not seen the prisoner before on this subject—I had seen him at the Mansion-house, on the subject of Schmidt and Boyal—I communicated to the police their address, which I obtained from Mrs. Robertson—I did not go to the prisoner as his attorney, I had gone for Mr. Medina a week before—I was introduced to the prisoner by a most respectable friend of his, to get bail, and Mr. Medina wrote a letter to the Lord Mayor, stating that it was inconvenient for him to attend, and he would be obliged to him to let me act for him—I wanted the prisoner to give information respecting this robbery—I pressed him to give all the information possible to put a stop to this system of robbery—the relation of solicitor and client ceased as soon as I had performed my duty—it came out in evidence that there had been a previous conviction against him, and I thought I did not stand in a very pleasant situation, unless I induced him to clear up the matter—I said, "I advise you to make a disclosure of these things"—I promised to solicit his pardon, and wrote to the Secretary of State on the subject—I was not his attorney in any shape or way; he left it to me to deal with these prints as I thought best—he was to meet me on the Monday, at the office of Mr. Lewis, in Ely-place—Mr. Lewis is not in any shape or way mixed up with this—I did not go before the Magistrate, and state that I was there representing Mr. Lewis, and he did not have to write a statement discarding me, it was a mis-report—Mr. Lewis did not say he had written to the newspapers, stating that he had nothing to do with
me, and tell me to go away—he did not state that he must decline having anything to do with me; the question did not arise—I had seen Schmidt one night at the prisoner's lodging—I had a very strong impression that these things had been taken by Schmidt—I asked the prisoner about him—he gave me information partially, and his wife gave me the remainder—I am not clerk to Mr. Medina—Mr. Lewis declined using my evidence in Schmidt's case; I do not know on what ground—I have been in the army; I was in the Portuguese service, as Major of Lancers—I never was bail for any one but the prisoner—I have seen his friends—he was introduced to me as an extremely respectable man—I had seen him two or three times—I had no interview with him till I had left the Mansion-house—I have worn the coat I hare on about six months, it has been worn by Mr. Lloyd once or twice—it is not the coat for appearing before the Lord Mayor—Mr. Lloyd has sometimes worn mine, and sometimes I wear his—this is not his, I cannot say who has the greater share in it—Mr. Lewis got two guineas from the Commissioners of the Insolvent Debtors' Court for me.
MR. O'BRIEN. Q. What night was it you took these prints? A. On the night of 30th Dec—I was an attorney fourteen years ago—I was not struck off the rolls—I ceased to have anything to do with the law business.
JOHN PARK (police-sergeant, E 14). On 19th Dec, I went with Cross to the prisoner's lodging, 11, Angel-court, Strand—I found him lying on the sofa, in his own room, on the second-floor—I searched the house on the 27th,—I found nothing on the charge, I was sent for, but remember taking these, prints in my hand, and saying to his wife, "These are very pretty things"—she said, "Yes, we were about opening a shop, and these were to stock it"—I believe they were lying under a table, in the front room—I know this one again—I believe it was this bundle of prints that is here now—I saw them again on the morning of 31st Dec—when I first saw them they were tied up in these two thick paper-boards—these are the original wrappers that were round them—when I took the prisoner on this charge he said he knew nothing about it.
Cross-examined. Q. Is Schmidt to be tried? A. Yes, for stealing parchments (see page 370)—the only charge on which I had him was for stealing Custom-house paper—I think I first saw Mr. Edwards about 21st last month, at the Mansion-house, defending the prisoner—he did not then say anything to me about making further discoveries, but a few days afterwards he told me I must endeavour to get Schmidt in custody—he did not tell me that he would find it all out for me.
NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
Cross-examined. Q. He was in custody at the time? A. Yes, and had been for two days—I had searched that box before, the book was not there then—it might have been brought afterwards.
MR. PRINDERGAST conducted the Prosecution.
two prisoners were in the barge—it was loaded with cakes of spelter—near the Commercial-road bridge I saw Adams take one of the cakes of spelter outside the gates of the towing-path into the road—Hughes followed him—I did not see Adams come back—when I got the barge on to the Ben Jonson lock, Hughes came back, and there was one cake of spelter missing—it has not been found.
Cross-examined by MR. O'BRIEN. Q. How many pieces of spelter were in the barge? A. 1457—I did not take them up one by one, they do not want taking up, they are easily counted—I counted them three times, first in the barge in the lock, then at Mile-end, then again at Acton, and there were then two gone—Hughes is the elder of the prisoners, he was in the cabio down-stairs when I saw Adams fetch the spelter from the cabin.
JAMES COVINGTON . I am a master lighterman—I have one partner—the barge Martha belongs to me; Hughes had the charge of it on the 3d Jan.—there was a watchman on board, and when it went into the lock the cakes of spelter were counted, to see that they were all right—it is very easily done with a glance of the eye—there were 1457—she went up to the City-road from the basin in the Commercial-road.
Cross-examined. Q. Did you count them all yourself? A. My foreman gave me the account, and I satisfied myself that it was correct—there were fifty in a tier, there were twenty-nine tiers, and I counted the odd number.
WILLIAM SMITH (policeman, K 220). I took Adams—I asked Hocklin, who was present, if that was the boy who took the spelter from the barge—he said, "Yes"—Adams said, "Yes, I took it outside the gate, and Hughes took it from me; I went back, and took the barge up to the other lock; Hughes afterwards came on board, and gave me some bread and meat, and 4d."
(The prisoner received a good character.)
ADAMS— GUILTY . Aged 14.—Recommended to mercy by the Jury.— Confined Eight Days and Whipped. ,
HUGHES— GUILTY . Aged 47.— Confined Six Months.
MESSRS. CLARKSON and LAW conducted the Prosecution.
ANN LAMBERT . I am the daughter of Richard Lambert, the housekeeper of the Insolvent Debtors' Court—I reside there. On 8th Dec, between three and four o'clock, I was going up-stairs—I saw the prisoner Schmidt on the garret-stairs, and in the middle of the stairs I met Boyall, both coming down fast—there are from twenty to twenty-four stairs—no one had business there but our family—I went on to the top of the landing, and found the press open, in which were pigeon-holes, containing schedules, which I had seen safe at twelve o'clock—two holes were empty—it is quite at the top of the bouse—round the corner of the stairs, a very short distance from where I met the prisoners, I found a blue bag—next day I saw Schmidt at the Mansion-house—there were a number of persons in the room—I pointed him out—he was walking in the hall—I knew him directly—I recognised Boyall in the room at Bow-street-office.
Cross-examined by MR. PARRY. Q. Are the presses open? A. No—it is not likely that the key was left in them—I am sure I saw them at twelve o'clock, because I had to do work there—I am not positive whether the key was there—there is no warning that this is a private staircase; it leads from the public one—I have had occasion once or twice to tell people that they have no right there.
RICHARD LAMBERT . I am housekeeper of the Insolvent Debtors Court. In consequence of information from my daughter, on 8th Dec, I went up stairs—I found the lower part of the press open, and papers and parchments had been abstracted from it, and were in this blue bag—these are them—no stranger has any business with these presses, or up the stairs leading to my apartments—an officer occasionally comes up for the purpose of taking papers out, but no one else—I am responsible for their safe custody—the staircase is four stories high.
Cross-examined. Q. How many persons have keys? A. I have one, but I have no occasion to go to the presses—I consider that I have the charge of the whole building—there are only two staircases—only one leads to the top—the messengers go to the press, and fetch what schedule it wanted—I believe the clerks do not go—when creditors come to search documents a messenger is sent for them.
JOHN CHAMBERLAIN . I am one of the messengers of the Insolvent Debtors' Court. I produce this blue bag, it was given me by Mr. Lambert—here are thirty-nine parchments in it, they are worth more than 1s. each.
WILLIAM ALGERNON EBBLEWHITE . I am one of the messengers of the Court. I received this bag from Chamberlain on 8th Dec.—I replaced the parchments in the press—I took their numbers—they are the same now produced; they are records of the Insolvent Debtors' Court
THOMAS HARMAN . I am employed in the Insolvent Debtors' Court. I know Schmidt by sight—I saw him a few days before 8th Dec., on the stairs leading to the presses—I asked him what he wanted—he said he wanted the Court—I told him he was out of the way, I took him down to the basement, and told him to go along and turn to the right.
JOHN PARK (police-sergeant, E 14). I took Schmidt and Robertson on 27th Dec.—they were taken to the Mansion-house, and were discharged—Ann Lambert was there, and identified Schmidt—when he was taken, Boyall was with him—it was about eleven o'clock at night, in the Strand—I did not know Boyall at that time—he said Schmidt should not go to the station—I explained to Schmidt what he was wanted for, and put him in a cab—Boyall said he would take a cab and follow him—I afterwards saw Boyall go to his own residence, 5, Red Lion-passage—I went and rang the bell, asked for Boyall, and he was denied—the landlord came, and I was admitted—I found Boyall in the house a long time after; I believe he came out of the second floor bed-room—I followed him into his own room, the attic—I said, "Your name is Boyall?"—he said, "Yes, old fellow, I am the man you are looking for"—I said, "You are Boyall, the late turnkey of Newgate?"—I then took; him out of the room—he said, "This all arises from that d—d scoundrel Robertson, he is the head of all this"—in taking Schmidt from the Mansion-house to Bow-street, he said, "If that woman saw me on the staircase, she did not see me put the parchments into the bag"—I went to Schmidt's lodging, 27, Gloucester-street, Queen-square, and in the fire-place found a great quantity of embers of papers—when I took Boyall, he asked me if I went to Schmidt's house; I said, "Yes, but some one had been there before me; it might have been you"—he said, "Well, I have got a letter," and produced
this letter to me—I said, "How came you in possession of it?"—he said, "I don't know, it might have hopped out of the window to me."
MARY ANN DAWSON . I live at 27, Gloucester-street, Queen-square—Schmidt was a lodger of mine. On the night of 27th Dec, Boyall came to my house, about half-past eleven o'clock, and asked me to let him wait for Schmidt in his room, as he must see him that night—the fire was laid in Schmidt's room—I gave Boyall a light, and he lit it—next morning, when the officer came, I went into the room with him—I found paper embers in the grate, more than were put in to light it—Boyall has frequently called on Schmidt.
(James Anderton, Esq., of New Bridge-street, solicitor, deposed to Boyall's good character.)
*SCHMIDT— GUILTY . Aged 25.— Transported for Seven Years.
BOYALL— GUILTY . Aged 38.— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
MONTFORD MORTIMER . I am a compositor, of Goswell-terrace—Johnston lived in my house with his father. On Sunday, 31st Dec, I gave my wife thirteen sovereigns and one half-sovereign, to put away—I afterwards missed it.
Cross-examined by MR. BALLANTINE. Q. Did not some question once arise, between you and your wife, respecting her not applying money in the way you directed her? A. Yes.
ALEXANDRINA MORTIMER . I am the wife of Montford Mortimer. On Sunday, 31st Dec., he gave me 13l. 10s. in gold to put away—I put it in a purse, in a drawer, and locked the drawer—I went again the same day, found the drawer unlocked, and the purse gone—Johnston was not in that room; he left my house on the Tuesday morning—this is the purse (produced.)
JOHN DAVISON . I am a coffee-house keeper in Acton-place, Westminster-road. On the night of 2d Jan the prisoners came and asked for a bed—I gave them one—I saw the officer find the purse in Johnston's pocket, with the money in it.
WILLIAM COCKRILL (policeman, L 108). I found this purse on Johnston, with six sovereigns, a half-crown, and a sixpence—when I took Smith, he gave me 1l. 8s. 6d. out of his waistcoat-pocket, stating that was all he had—when he got to the station he said he had 4l. more—I found three sovereigns and one shilling in his shirt-tail.
JOHNSTON— GUILTY . Aged 12.— Confined Three Months.
SMITH. NOT GUILTY .
WILLIAM COCKRILL . I took the prisoner at Mr. Davison's—I asked him what he had got, he said 1l. 8s. 6d.—I afterwards found three sovereigns and one shilling, tied in the tail of his shirt—he said, "I found the money loose in the bed, and was going to fetch a police-constable"—Johnston said,
"No, that money was safe in my purse last night; it is mine"—the prisoner said it was wrong, he found it in the bed—previous to that he said, "I thought it was four sovereigns, for I took the money in the dark"—it was three sovereigns and one shilling.
NOT GUILTY .
HENRY PORTER SMITH . I life in Gloucester-yard, Paddington—the prisoner was my butler—he came on 15th April, and continued till 11th Jan.—his wife was my cook—the prisoner's salary was 50l. a year—he had the custody of my silver—I had my suspicions excited—I lost this coffee-pot—he came to me on the evening of 15th Jan.; the inspector met him in the passage—he threw himself on his knees, and begged my pardon, for the sake of his wife and family.
Cross-examined by MR. METACALFE. Q. Was anything said about pawning on previous occasions? A. No—I do not know whether he had pawned this and other things before—he could have done so without my knowing it
GEORGE KING . I am a pawnbroker—I produce this coffee-pot, pawned by the prisoner, on 17th Nov., for 4l.—on 22nd, he came and bad a further advance of 3l.—I thould not have taken it in, only I have served him for the last four or five years—I did not know he was a servant—he always brought plate to our place, and redeemed it—there was mort plate in our possession at the time.
Cross-examined. Q. Were the articles he pawned similar to this? A. Yes; spoons and forks—our shop is three miles from where the prisoner lived.
GUILTY . Aged 51.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
552. WILLIAM GILBART and CHARLES WAKEFIELD , burglariously breaking and entering the dwelling-house of William Timothy, and stealing 1 whistle and other goods, value 27s., his property; and 1 parasol, value 1s., the goods of Martha Allen.
EMMA MARTER . I am single, and live at Bethnal-green. I was in the service of Mr. Timothy, an upholsterer, of High-street, Shoreditch—on Sunday, 8th Oct., I went to bed at one o'clock in the morning; I was the last person up—all the doors and windows were then fast—I got up the next morning at half-past six o'clock, and found the lucifers bad been taken off the shelf, and the box was left on the dresser—there was glass lying about on the stairs—there was no door open but the drawing-room door—I missed spoons, tongs, and other things—these are them.
cross-examined by MR. PARRY. Q. Where were these taken from? A. The spoons out of the cupboard, and the other things off the dresser.
JOB SMITH (policeman, G 44). On 8th Jan. I went to Gilbart, at his grandfather's shop, next door but one to Mr. Timothy's—I told him I thought he was concerned in a robbery at Mr. Timothy's, and asked if he would allow me to see his boxes—I asked whether he had the spoons, the whistle, and other things—he said, "As to the whistle, I had that stolen from me"—he went to the end of the shop, took a hat-box, and took these sugar-tongs-and
spoons out of it—I said, "Is that all you have got?"—he said. "Yes; as to the parasol, that I have not got"—I had not then mentioned a parasol—he gave me some keys; one of which undid the kitchen-door, and one of the other doors at the prosecutor's—these spoons are plated, not silver—I then went to Wakefield, and asked what he had got—he said, "All I have is two spoons and a parasol, and they are up-stairs," and my brother constable got the spoons and parasol from his mother.
GILBART— GUILTY . Aged 16. Recommended to mercy by Jury and Prosecutor
WAKEFIELD— GUILTY . Aged 16.
.— Judgment Respited.
THIRD COURT.—Saturday, February 3rd, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. LAWRENCE; and
Before Edward Bullock, Esq., and the Third Jury.
GUILTY . Aged 26.— Confined One Month.
GUILTY .— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
ROBERT JAMES THOMPSON . I live at Round Copse, near Uxbridge. On 5th Sept. I saw an advertisement in the Times; in consequence of which I went to Dawson's Stables, Crown-street Westminster, on the 7th, and asked to see the horse referred to in the advertisement—Perkins was there, he showed me two horses—I treated for the bay one—it was a showy-looking horse—I said I was going to Collins, a dealer in the Kent-road, to see a horse, but looked in there on the way, and I would call in on my return—I afterwards returned, saw Perkins, and said I did not think the horse would quite match the one I wanted him to go with—he said, "You have not seen him enough," and pullrd the cloths off—he asked 45l., but said he thought Mr. Burrows would take less—I asked who Burrows was—he said he was in the wool business in the City, and lived in Fludyer-street, Westminster—I went and saw Burrows—he said he was in the wool business, and had got the horse to sell for his brother who was abroad, and he said he had had another and a carriage with it, which he had sold, but he did not like selling horses—I asked if the horse was sound and quiet in harness—he said, yes, anybody that understood driving he would go very well with, and he was perfectly sound—I asked what he wanted, and he said he had refused 38l. for him a little while ago, but he would take thirty-five guineas—I said, "Won't you take pounds?"—he said he would not take less; that I might have him on trial seven days, and if I did not like him, by forfeiting a guinea, he would take him back—I asked, if I did not approve of him, if he would let his man come down and take him back, in case any accident should happen—he said, "Certainly"—I asked him to lend me a saddle and bridle, and I would ride him down—he said,
"Oh no, you had much better not do that; "that he would tend him down properly with his cloths and kneecaps on by nine o'clock next morning—I agreed, and wrote a check for the money—he said, "We had better have an agreement"—I wrote one, he signed it, and I gave him this check (produced)—I then said, "But if I am not to have the hone, I had better keep my check"—he said, "You may depend on my sending him down quite safe;"—I took his word—Perkins brought the horse home about half-past eleven next morning—he was not fit to ride; one of his shoes was only hanging by one nail, I had to send him to the farrier's—Perkins told me that Burrows said, if the horse did not suit me, he was to come and fetch him back—he left directly, before the horse came back—next morning I tried him—I had not been on him half a minute before he made a tremendous noise, and in less than a minute I found he was a tremendous roarer—I went up to Fludyer-street the same day—I could not find Burrows, but left a message that I would be there on Monday—his wife said he would be sure to be at home—I went, but did not find him—on Tuesday, Perkins came down and took the horse back, he said Burrows had appointed ten o'clock on Wednesday to meet me, and he would be sure to be there—he looked at the horse, and said he was 10l. better than before, and as fresh as a lark—I went on Wednesday and found this letter, and should say from the memorandum which Burrows signed that it is his writing—(this letter was signed 'J.P. Burrows,' stating that he was sorry he could not keep his appointment, but that he would come down to Mr. Thompson next Monday)—I went to my attorney—I afterwards received this letter from Burrows—(this letter requested Mr. Thompson to call on Burrows on Monday, between eleven and twelve)—I sent my attorney to him—I have never teen horse, check, or money since.
Cross-examined by MR. PARREY. Q. Were you present when Perkins took the horse back? A. Yes, it was at my request and direction that he did so—I have bought horses before, and have bred them—I have got rid of them, but never sold them to get anything by them—Burrows' house appeared respectable—I took the horse on trial, on his word that he was in the wool business in the City—I should not have drawn up a memorandum if he had not asked me—I did not buy the horse on the agreement—I should have taken it on his word, without that—I have since heard that he is a tailor—I would have sent the horse back at any time, on receiving the money, deducting a guinea—I sent the horse back for that purpose—if I had got my money back I should not have brought this indictment.
MR. CLARKSON. Q, If you had known that instead of being in the wool business he was a horse-dealer and a tailor, would you have paid the money without trying the horse? A, Certainly not.
RICHARD PARKER . I am groom to Mr. Thompson, I remember Perkins bringing the horse—one of his shoes was nearly off—no one could ride him—I took him to be shod—I do not consider myself a judge, but in my opinion he was a roarer, I told Mr. Thompson so—when Perkins came down again, he said the horse looked 5l. better.
Cross-examined. Q. Did you see your master go off on the hone? A, I let him out at the gate, but heard nothing.
HARRY SMITH STYAN . I am clerk to Pickering, Smith, and Co., attorneys. In Sept. last, at Mr. Thompson's request, I went to Fludyer-street, but Burrows was not at home—I made an appointment for the next day, the 19th—I
could not see him, but was referred to some one else—I could never get the check or money—the police were employed to find the horse.
Cross-examined. Q. If you had got the money, we should have heard nothing of this indictment? A. No.
JOHN LUND (police-inspector, A.) I have known Burrows about nine years—he is not in the wool business to my knowledge—he is a horse cooper—he had stables part of the time he was in Fludyer-street—I have made evrry exertion to get the horse, to submit him to the judgment of competent persons, but could not—I do not know of Burrows having a brother—there is no tailor's shop in the room I have been in at Fludyer-street.
Cross-examined. Q. What sort of a house is it? A. A very respectable private house—I have heard that he is a tailor—I have known him at different horse-rides.(Burrows received a good character.)
BURROWS— GUILTY .— Confined Eighteen Months.
PERKINS— GUILTY .—Recommended to mercy Confined Six Months.
Before Edward Bullock, Esq., and the Sixth Jury,
MR. PARRY conducted the Prosecution.
WILLIAM SMITH (policeman, E 50). On 30th Jan., about half-past ten o'clock, I was concealed at the pit entrance of the Queen's Theatre—Smith was the money-taker—Bryer was posted in the check-taker's box—I heard Smith say, "Bryer, it is all right now"—Bryer hesitated a minute, and Smith said, "It is all right now, you fool; I tell you it is all right," on which Bryer took a key from his pocket, unlocked the padlock on the check-box, took it off, and said, "How many?"—Smith said, "Oh, twenty will do"—Bryer counted out a number of checks and gave them to Smith, who put them into his coat-pocket—I rushed out, and took Smith, searched him, and found twenty checks in his right coat pocket—he was two or three yards from Bryer, not in his box, but in the passage—I searched Bryer, and found upon him a bunch of six keys, and two loose ones, one of which fitted the check-box, and another another check-box in the house—they were taken to the station.
Cross-examined by MR. O'BRIEN. Q. Was the performance over? A. No—there was a canvass partition, with a hole cut in it, between me and the prisoners—the hole was a yard and a half or two yards from the box—I did not see Bryer take any check while I was there, but several persons passed.
CHARLES JAMES JAMES . I am lessee of the Queen's Theatre—the prisoners were in my service. On 30th Jan. my son acted at money-taker; but at half-past ten o'clock, by my direction, Bryer acted as check-taker, and Smith as money-taker—I gave Smith 342 checks—neither of them had a right to have a key of the check-taker's box, or to take anything out—it was Smith's duty to account to me for all cash he received—I should ascertain the amount by the number of checks in the check-taker's box—the admission to the pit is 6d.—there is no half-price to the pit—if twenty checks were taken out of the box I should have 10s. less returned to me—the checks cost 1/2 d. or 1d. each—it is not the check-taker's duty to return checks from the box.
Cross-examined. Q. Would the money-taker return you the checks he did not use? A. Yes, the same evening—I suppose he intended to cheat me, by giving me the twenty checks back with those he had left—I very seldom count the number in the box and the number he has, to see if they agree with the number I gave him—I have the box brought to me in the last scene
or two, I open it and count out the checks, and see the account made out of the cash received and the number of checks sold—the free list is not used for the pit—no one has a right to pans without my sanction, but I have no doubt they sometimes do—I received 6l. from the box about nine o'clock—that was less than the checks came to.
JOHN PARRY . I am acting manager of the Queen's Theatre. On the morning of 31st Jan. I counted the checks in the pit-box, and found 259, and 63 the tnoney-taker had, which makes 322—Mr. James had given him 342.
Cross-examined. Q. How do you prove twenty were not missing from the sixty-three? A. There are parties to prove they watched the box.
The COURT considered that this evidence did not establish a case of larceny, but that the checks were taken to conceal an embezzlement.
NOT GUILTY .
MR. BURNIE conducted the Prosecution.
JOHN MARK . I am an errand-boy at the Castle Inn, Castle-street, Goldensquare. On 17th Nov. I was in the service of Mr. Bather, and knew the prisoner there—he sent me on that day to Mr. Costa's, in Jermyn-street, with this order (produced), which is in his writing—I took it, got the goods, and took them to the prisoner at the shop—here are three other orders which I took at different times.
Cross-examined by MR. ROBINSON. Q. What are they for? A. Butter, sugar, tea, coffee, cheese, four half-quartern loaves, and two pounds of candles—it was because the prisoner had no money, and he asked me if I would have some of them instead of my wages, as he could not get any money from Mr. Bather, who was in prison—he is a portrait-painter and scale-maker—I understand the prisoner has been there twenty-two or twenty-three years—the things were consumed by the prisoner and me—the candles were burnt in the shop, and the prisoner has pawned his own things to support me and himself—I saw his wife take the ring from her finger to pawn to pay for my lodging—Mr. Costa owed Mr. Bather money for doing scales.
Cross-examined. Q. Have not these sums been written off from the, account? A. Yes—Mr. Bather owes me 7s. 11 1/2 d. now—I have known the prisoner a great many years, I know nothing against his character; he managed this business for Mr. Bather's father ever since Mr. Bather was a child.
GEORGE BATHER . I am an engraver, and have carried on the business of a scale-maker—the prisoner was in my employ—I did not send him to Mr. Costa's shop to get goods for me—these orders are not my writing—I never authorized the prisoner to sign my name—I never sent him to Mr. Costa for goods on my account.
Cross-examined. Q. Will you swear you never authorized him to write your name for anything? A. Yes—the prisoner never sent me a note requesting money; I do not owe him any—he seat me a note discharging himself—I am in Whitecross-street now, on a fictitious affair—my father left his business to the prisoner; and my mother and I purchased it of him for 40l., as he had not money to carry it on—I do not understand much about it—I do not know how long he was in my father's service—my father died
three years ago—the 40l. was paid—my mother paid him 10l., and I paid him 20l.—he took a bad debt for the 20l.; I do not know that he never got it, he told me he did—his wages were 24s. a week I it is three or four months since I paid him any—I paid him weekly up to that time—I owed him nothing then.
Q. Has he not brought an action against you, not being able to get his money, and did not you give him this Judge's order (produced), for 32l. 10s., last August? A. That order was entered for quite a different thing—I paid all the costs of the action—these accounts (looking at some) were drawn up in a public-house on purpose to pass me through the Court—I have no creditors—my mother commenced a suit in Chancery against me, I was arrested at her suit; it was not because I got all the property, and left her with nothing—I did not pass through the Insolvent Court; I did not appear in Court, and defend the action—the Judge did not require to know much before the order was signed—I do not owe the prisoner anything, I paid him his wages, and the expenses of the past week—I have sent for him repeatedly to the Queen's Bench, but he would never come—he came to me about a week before I gave him in charge—he told me he could not get money on my account, he should commence business on his own—I have no recollection of the prisoner receiving money due to me from St. George's Hospital, or St. James's Workhouse—I never gave him authority to sign my name—if my name required signing I should go—I have not been playing at hide and seek with my creditors long; it was principally to avoid being put into the Queen's Bench—I have no creditors but the creditors of the estate—I kept out of the way six weeks or so—I have been three months in the Queen's Bench—it is six or seven months since I left my residence—I have come from custody now—the prisoner never asked me for money while I was there—he wrote me a letter, saying that unless his wages were paid on Saturday night he should not longer continue in my service—he should have attended himself—I had money in Whitecross-street, sufficient to support me and my wife—there has not, to my knowledge, been an account deducted for goods which the prisoner has obtained in this way.
JOHN SANDIL (policeman, D 38). I took the prisoner, and told him the charge—he said he knew about that; he had a bond over him, a judgment for 60l.—on the way to the station he said he knew what the order was about, it was for some tea and sugar he had had—when the charge was read over to him he said, what was he to do without money for three months?—on the way to the office he said it was out of spite: he did not mean to deny it, but Mr. Bather had told him to get things how he could.
NOT GUILTY .
(There were four similar indictments against the prisoner, upon which MR. BURNIE offered no evidence.)
OLD COURT.—Monday, February 5th, 1849.
PRESENT—Mr. RECORDER, and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the Third Jury.
MR. PARRY conducted the Prosecution.
Peters for nine years—I had that name giren me on board the Sinovia, because I jumped overboard for a 'Squire Peters, and I have gone by it ever since. On the afternoon of 26th Dec., boxing-day, between four and five o'clock, I went with my mother, brother-in-law, and his wife, to a publio-house called the Three Colts, at Old Ford—we went into the tap-room—when we had been there three-quarters of an hour I noticed the prisoner by the window of the room we were in—he made himself rather more free than welcome; he stroked a child down the face, and then some one called out, "Thomas Ivory, don't make so free"—he sang a song about" Mouse's Hole," which made me take more notice of him—I had had some drink, but knew what I was about—I got up to leave between eight and nine, and the prisoner got up and said to my brother—I n-law, "I am going your way; I am going home; I am going as far as Bethnal-green New Church, and will accompany you"—I had a watch in my right-hand waistcoat-pocket, with this German silver guard and key to it—the guard was outside, so that any one could see it—me, the prisoner, and my brother—I n-law, walked all arm—I n-arm together till we got to the Park gates, and left the women to come after—the Three Colts is about half a mile from Victoria-park—when we got to the Park-gate my brother—I n-law, George Aburrow left us to go back after his wife, and the prisoner and me walked on for about two yards—the prisoner led me a long a little way, and then said, "Namesake, I want your watch"—he took hold of my watch and collar—I wrestled, trying to get it away from him, and said, "Thomas, I shall know you"—he then knocked me down, and I was stunned—I could not recover for a short time, but afterwards got up and ran after him—he took the watch and key, and left the guard round my neck—when I got up I saw the prisoner running away over the hill towards the City of Paris—I ran after him, but lost sight of him, and then went after my brother—I n-law, and found him by the Blind Beggar, in the Mile End-road—I told him what had happened—I had before seen a policeman, and told him, be took me to Arbour-square—the next morning I went again to the station-house at Old Ford, and gave information to the inspector—I then gave the prisoner's name, and a description of his dresshe was then dressed as he is now—I positively swear this is the same dress.
Cross-examined by MR. BALLANTINE. Q. Did you not go to the Three Colts as early as three o'clock? A. No; as near as I can tell it was between four and five—it was not between ten and eleven when we left—I was examined three times before the Magistrate—it was not as late as half-past ten that we left the Three Colts—I never imagined that it was so late—I do not recollect saying that it occurred between ten and eleven, when I first mentioned the charge; I will not swear I did not—I am certain it was between eight and nine—Aburrow saw my watch before I lost it; it was silver—I have been a seaman—I have gone by the name of Peters for the last nine years—I have no father; I have a mother—her name is Clark; she is married again—I have not gone by any other name for the last two years—I know James Webb, and know his woman; she left him herself, in consequence of his ill-usage, not at my inducement; she lived with me—I have not lived at Webb's house; I visited there when I was working for him, when I was laid up with my hand—she had three children; I did not take them—I did not live with her—Webb called me Thomas Norcot; that was not above two years ago—he knew me before I went away—he never knew me by any other name, that I know of—he did not charge me with having done him out of 50l. worth of property, as well as out of his wife; he made no charge—he has never lent me money—I had not 1s. in my pocket when this happened—I
went to the City of Paris afterwards, and complained there of being robbed—I had a bump on the back of my head—I had a pint of beer at the bar; I had no gin—there were two or three ladies behind the bar—I did not go into two public-houses—I did go into the Three Colts—I had never been in the City of Paris before, to my knowledge—I may have told them there that I was the landlord of the Star and Garter, Commercial-road; that was a falsehood—I did not tell Waters so, to my knowledge—I do not believe I said such a thing; I might—I did not say I had lost fifteen sovereigns, to my knowledge, in hard cash, except half a sovereign, which I had changed; I will not swear it—I do not know what I said—I was not sober next day, because I began drinking again in the morning—I was about as sober as I was the night before—I do not recollect telling Sergeant Waters I had been robbed of sixteen or seventeen sovereigns, or of a gold watch; I never had such a thing—I do not know what I said to him—I do not recollect telling him afterwards that it was all nonsense; that I never had any sovereigns at all, or my brother—in-law saying I never had sixteen sovereigns in my life—I walked part of the way to the station—I had two or three quarterns of gin that morning—I never drink, only when I am away from my work—I swear I was not sober—I got to Arbour-square between ten and eleven.
GEORGE ABURROW . I am a porter, of Billingsgate, and live in Essex-street, Commercial Road, in the same street with Peters. On boxing-day, about three o'clock, I and he, and his wife and my mother, went to the Three Colts—the prisoner came in about three quarters of an hour before we came out—I am sure of him—he sang a song and drank with us—Peters had a watch, key, and chain, when he left home, in his right waistcoat-pocket—the prisoner was called "Thomas Ivory" while we were there—we all three came out together, between eight and nine, and walked arm—in-arm, as the prisoner said he was going as far as New Bethnal-green Church, and he would go with us—he did so, to the entrance of the Park, where I lost my mother, and the others who were to follow us—I went back to look after them, leaving Peters and the prisoner together—when I came back, I could see neither of them—the Park was closed, and we went over the Bridge—I was gone about twenty minutes—I saw Peters about twelve at night at Mile-end-gate, coming to look after me—he complained that he had been robbed and ill used—he was very agitated, pale, and quite sober—he had lost his hat, but had been home and got a cap—next morning, I went with him to the station.
Cross-examined. Q. Where did you join him to go to the station? A. He came to my place; he was quite sober then—we only went into one public-house, before going to the station—we had a pint of beer and a drop of gin, between three or four of us—he was a little the worse for liquor, but knew what he was saying—he was very drunk the day before; I was not—there were between forty and fifty people drinking in the Three Colts—the person who joined us wore a brown coat, a cap with a peak, and a handkerchief—I married Peters' sister six years ago—her name was "Norcot," but he has had his name given him since he has been at sea—I do not know Webb—I always thought it was between eight and nine that we left the Three Colta—I never said it was between ten and eleven—I groped about on a little plot of grass, to find Peters; he was so drunk that I thought he might be on the ground.
WILLIAM TRIPP (policeman, K 89). I received a description of the prisoner from my superior officer, and kept a look out for him—I did not go any where to look for him; I did not know where he lived. On 20th Jan., about five in the morning, I found him in a coffee-shop, in Stratford—I asked if he had
any recollection of assaulting and robbing a man in Old Ford; he denied all knowledge of it.
Cross-examined. Q. Was it Waters gave you direction? A. No; he it a sergeant of police—I cannot say whether Waters or the inspector told me.
MR. BALLANTINE called
ELIZA DAVIS . I live at I Dyer's Cottage, Angel-lane, Stratford. The prisoner lived at my house—he came home on boxing-night, about nine o'clock, or a few minutes before—I have no clock, but I sent my little girl to the next house to inquire, as I expected the prisoner and a friend to come to supper, and I found the clock had just struck nine—Ivory had then got in and sat down—he was dressed in black cloth trowsers, a light waistcoat, with blue stripe, and green glass buttons, and a black surtout coat, lined with satin—these are them (produced)—I sewed the buttons on to the waistcoat on Christmas eve, having washed it, and taken the old buttons off, on purpose that he might have it for the holiday—he brought home this handkerchief on purpose, and my child hemmed it—he wore a black cloth cap, with a leather peak, and some work on the top—after sitting about twenty minutes, or half an hour, he went out again, and returned a few minutes after ten—the companion he expected is named Fred,—he returned a little before ten—they had some roast-pork, plum-pudding, and half a gallon of ale, which Ivory lost, because he was not there by ten—he did not go out again till seven next morning—he went out in these clothes on the morning of boxing-day, returned in them, and went out in them a second time.
Cross-examined by MR. PARRY. Q. What was the other man's name? A. I only knew him by the name of Fred.—the prisoner had invited him to supper at ten o'clock on boxing-night—he lost his wager by being a few minutes after ten—they both lodged with me, and slept together—they had settled before, that whoever was not there was to forfeit half a gallon of ale—Fred. paid me 1s. 6d. a-week for part of the bed—he only comes in of all evening, and goes in the morning—he is potman at the beer-house just above—the prisoner has lodged with me since Sept.—he was in the house on boxing-night before the clock struck nine—I heard the clock strike in the next house—he sat with me and the children—I am married, but my husband has been at Barcelona since Aug.—he is a fitter and turner—he supports me, and I keep a cow and carry out milk—the prisoner did not say where he went at half-past nine—I did not remind him about the half gallon of ale when he went out—some of it was drunk that night, and some next morning—they had no spirits—I do not think they were up after eleven—I saw him last on 19th Jan., he had his tea at six, went out, and I did not see him again—last Thursday week I heard of his being in custody—he was taken on the Saturday morning before that—I went to Worship-street, but was not in time to be called as a witness—I know Fred., lived at the beer-shop, because I served the place with milk—he owes me 2s. 1d. rent—I do not keep a book—it is a weekly payment—I only had two lodgers—I have none now—Fred. lived with me for a week after boxing-day, and then left, as he had left hit service—his friends lived some distance off.
MR. BALLANTYNE. Q. Did the prisoner sleep at your house every night from boxing-day till he left? A. To the best of my knowledge, it is a rule when persons engage my lodgings, that they are not to come in after ten o'clock, as I have to be up at six in the morning, I should not sit up, and would not let them in afterwards—he went to his work, and came home to his meals, after boxing-day, just the same as usual—he kept very good hours—he was oftener at home before eight than after—no one has inquired for him—I did not know anything had happened to him till I saw the attorney.
FREDERICK WILEY . I lodge with Mrs. Davis—the prisoner lodged with me—I did not see him on boxing-night till about ten minutes after ten o'clock—I got home a little before ten—we had laid a wager on Christmas night, that the person who was not at home by ten was to pay for half a gallon of porter—nobody would pay for it if we were both at home—I was a pot-boy—the prisoner was dressed that night in a black frock coat, a light waistcoat, black trowsers, a blue cap, and ankle shoes.
Cross-examined. Q. Does Mrs. Davis know your name? A. Yes—I lived at Leytonstone before I went there—that is two miles from Angel-lane—when I went to live with her I was pot-boy to my brother—in-law at Birdcage-walk, Lilley-walk, Bonner's-grove—that is a private house, I do not know the sign of the house I was at before—it was kept by Mr. Pole—I paid Mrs. Davis 1s. 6d. a week regularly—I only owe her 1s. 6d. now, as I had not any money—I do not owe her for three weeks—I was two months at the beer-shop—I left Mrs. Davis on the Sunday morning in Christmas week, and went to my brother—in-law, John Hodge, a poulterer, in Leadenhall-market—before that I was in the Union for nine weeks with a bad leg—I have always been a potman—I lived in Woodford-bridge-road twelve months—I fetched the half gallon of porter on boxing-night—I bad no spirits, and I do not think Ivory or Mrs. Davis had—I got up next morning before seven, and left Ivory—I knew where he worked—it was at the back of our house—he left there a fortnight before Christmas—he it a bricklayer's labourer—he got 18s. a week—I knew nothing of him a month before Christmas.
GEORGE HAND . I was waiter at the City of Paris, Twigg Folly. On boxing-day, I was there from four o'clock in the afternoon till twelve—my master sits in the bar—there are no ladies, but Mr. Keener's daughter—she is fifteen—it is opposite the new Church in Bonner's-fields, three or four hundred yards from the bridge—there is no other City of Paris in that neighbourhood—no one came in that night, and complained of being robbed—Peters did not come that night, but I saw him in Whitechapel—I knew him by sight, as a labourer in the Docks like myself—Mr. Keener's son and nephew are the regular waiters.
HENRY SANDPORD . I am a labourer, of Green-street, Twigg Folly. I know the City of Paris—I had been to the Three Colts on boxing-night—I was in the George, at Twigg Folly with my wife—I left there at half-past nine o'clock, or better—it is three quarters of a mile from the Three Colts—I live about seventy yards from there, towards Victoria Park—I passed a man, and then I heard a cry of "Stop thief!"—I am sure it was after nine—I did not try to catch him as he had passed me—Victoria Park is more than a quarter of a mile from the George—Peters complained of having been robbed—he was standing up by the Queen's Arms—it was then between half-past nine and ten o'clock—he went in there—that is about a hundred yards from the George—I went in after him, and asked him who he was—he said he was landlord of the Star and Garter, in the Commercial-road, that he had lost upwards of 15l. in hard cash, except a half-sovereign which he had changed, and did not know what had become of it, and that he could not identify the person who had robbed him—he was very much intoxicated—I and a young man went with a lantern to find his hat.
Cross-examined. Q. You did not follow the thief? A. Only to the corner—he was running in a direction from Twigg Folly, towards Bethnal-green, away from Stratford—I had never seen Peters before to my knowledge—I have got acquainted with him since—I was perfectly sober—I had been in the George about an hour, and had two pints of porter—I never saw the prisoner before—I heard of the robbery the same evening—I first heard of the
prisoner being charged about a fortnight ago—I did not go to the policeoffice—I was subpœnaed here—the solicitor found me out—I work for Mr. Lucy, at East-lane, Rermondsey—I was not at work there on boxing-day—I have seen the prisoner's friends several times, a fortnight or three weeks after boxing-night—I saw his father at the City of Paris six months before—I saw the solicitor before I got the subpœna—I do not know how he found me out—the father never said anything to me about bis son being in trouble until after I was subpœnaed.
CHARLOTTE SANDFORD . I was with my husband at the Queen's Arms on boxing-day—I was there before him—Peters came in, and complained that he had been knocked down, and robbed of 15l. odd—he said he was the landlord of the Star and Garter, Commercial-road—I cannot be positive about the time—I should say it was ten or a few minutes past.
Cross-examined. Q. Were you sober? A. Yes.
JOHN HURLSTONE . I am second clerk at Worship-street police-court. On 20th Jan., Peters made a statement—there were examinations on the 20th, 25th, and 27th—they are not returned in the form they are taken—I took down accurately what Peters said on his first examination on 20th Jan.—(MR. PARRY contended that the depositions must be put in, and thai the matter contained in them was conclusive. The COURT decided that the witness could not read the statement to contradict the depositions, unless the depositions were put in, which was accordingly done.) Witness continued—Peters commenced by saying, "On the night of 26th Dec., at half-past ten o'clock I was on my way home, the prisoner was with me," &c.—he has never varied the statement that the prisoner is the person—Aburrow was examined on 25th—he says, "I am brother-in-law to complainant, &c.; it was not quite nine when we left the Three Colts."
RICHARD WATERS (police-sergeant) On 27th Dec., about three o'clock in the afternoon, Peters came to the Bow station—I introduced him to the superintendent—he had been drinking excessively—I do not think it was excitement—he told the superintendent he had been robbed of between seventeen and eighteen sovereigns, and a gold watch, chain, and seals, in the neighbourhood of Twigg Folly, between nine and ten the night before, and that his name was Peters, and he kept the Star and Garter, Humberstone-street, Commercial-road, for another person, and that accounted for the quantity of money in his possession—he afterwards said he did not think it was so much, that it might have been as many shillings, and that it was only an old family silver watch—his brother-in-law said he did not think he had so much money—the Three Colts is, I should say, three good miles from Mrs. Davis's—Green-street runs in a direct line from the bridge.
Cross-examined. Q. Is going from Old Ford-lane, over the bridge, the way to Bethnal-green? A. Yes—Green-street leads from the Three Colts due west—Old Ford-lane is due east—it is about half a mile from the Three Colts to where the robbery was committed—Victoria Park gate is five or six hundred yards from Green-street, which is about a mile from Whitechapel-road—you would have to go under the Eastern-Counties Railway into the Mile End-road—it was I that gave the directions to Tripp—there was no description given—it was unnecessary, as the prisoner was well known to all the men, and his name was given—I knew he lived somewhere about where Mrs. Davis lives—I never went to Mrs. Davis to iuquire—application was made to the prisoner's father, but we cculd get no information.
GUILTY .* Aged 26.— Confined Eighteen Months.
Before Edward Bullock, Esq.
JOSEPH HOLDEN (policeman, K 427). On 16th Jan. I stopped the prisoner in Bow-road, at night, with this copper and pipe on his shoulder, wrapped up—I asked where he got it—he said he found it by the side of the road—I found a shirt at the bottom of the copper, with three pieces of pipe in the sleeve—he said he took his shirt off, and wrapped the lead in it; that it was a very bad job, and could not be helped; that he was in the expectation of making a good night's work, and if he had been on the other side of the road it would have been all right.
RICHARD BRAND . I live at Ilford. This copper and lead are mine—these were fixed to the brick-work of my house—I missed them on 17th Jan.—a square of glass was broken, and the window had been opened—the pipe matches with what is left.
Prisoner's Defence. I found it in the road.
GUILTY . Aged 30.— Confined Twelve Months.
Before Edward Bullock, Esq.
AGNES KING . I am single, and live at Greenwich. On Friday evening, 15th Dec, I missed a bonnet from my shop, at half-past seven o'clock—I had seen it safe a quarter of an hour before—this is it (produced)—I know it by the materials and the make.
STEPHEN BOURKE (policeman, R 257). I took the prisoner on another charge—I went to her lodging, in East-street, Greenwich, and there found this bonnet—she said she had bought it, and had had it two or three months.
LUCY STOTTER . I am the wife of James Stotter, and live in East-street, Greenwich. The prisoner and her mother lodged with me fourteen months—I saw the policeman find the bonnet in their room. Prisoner's Defenee. I bought the bonnet for 10s. 6d.
GUILTY . Aged 39.—Recommended to mercy by the Prosecutrix,— Confined Four Months.
GUILTY .— Transported for Ten Years.
Before Mr. Justice Coleridge.
MR. PLATT conducted the Prosecution.
SAMUEL BARTON . I keep the Royal George, at Tanner's-hill, Deptford—I have known the prisoner fourteen or fifteen years. On Thursday night, 21st Dec., about ten o'clock, he came into my house with another man, who was quite a stranger to me—the prisoner asked me for the change of a Bank of England 10l.-note—I took it from his hand, looked at it, went to my desk, and changed it—I gave him a 5l.-note and five sovereigns—I said,
"What name am I to put to this note, Kimber?"—he replied, "In the name of Harvey"—the other man was standing by him, and they both replied at the same time, looking at each other—I wrote that name on the back of the note, and I see it here now (looking at the note)—the prisoner wrapped the sovereigns up in the note, and they both went into the tap-room—they staid there a short time, and left together—on the 23d I sent the note, by my son, to Mr. Peppercorn, for change, and he returned it to me on the 29th, stamped "Forged," as it is now—upon that I sent to the prisoner—he lived within twenty yards of me—he came directly—I showed him the note, and said, "Kimber, here is a pretty job you have got roe into; you have passed a forged note"—he said, "I see it is, I see it is; it is a very bad job indeed"—I said, "Do you know this man Harvey?"—he said he had seen him before, and that he was a plumber, living at the lower part of Deptford—I told him to go and find him, for I should hold him responsible for the note—he said, "I know it, and will pay it by instalments"—he went out to find Harvey, and came back in about an hour—he said that he bad been down to the lower part of Deptford, and could not find Harvey—I said, "Well, it is a bad job," and again repeated that I should hold him responsible—he said he knew it, and then left—he came again next morning, of his own accord, and said, "Well, Mr. Barton, what is to be done?"—I said, "What money can you raise, Kimber?"—he said he would go out and try what he could get—he went out, returned very shortly, and gave me 2l., and agreed to pay the remainder at 3s., a week—he did not pay me anything beyond the 2l., as he was taken into custody that same evening—he it a maker of pattens and clogs, and is a sort of jobbing horse-dealer.
Cross-examined by MR. PARRY. Q, I believe he was a tenant of yours at this time? A. Yes; he has been so four or five years—he has borne an honest and respectable character up to this time—he frequents Smithfield, and other markets—he is considered a good judge of a horse, and persons wanting one employ him to get them one—his wife and family sell pattens and clogs—he always told me that he got the note from Harvey, and changed it for him, and I believed him; I have changed notes for him on many occasions before—I did not give him into custody—I went to the station-house, and the police interfered, and took him—I did not go with a view to give him in charge.
COURT. Q. When you received the note, you knew it did not come from him as his own; you knew he was acting for some other person? A. I considered so—I expected it had been taken in a deal of some sort for a horse.
GEORGE LANGLEY BARTON . I reside with my father, and assist him in his business. On the evening of 21st Dec., about ten o'clock, I was there, when the prisoner came into the bar with another man, a stranger—the prisoner gave my father a note, and asked him for change for a 10l. Bank of England note—he gave him a 5l.-note and five sovereigns—my father asked him what name he should put on the note, and they both answered together, "Harvey," and the other man said, "Harvey, a plumber, living at the lower part of Deptford"—they both said so—after changing the note they had one or two pints of porter, and then went into the tap-room for a few minutes—while my father was getting the change for the note I just peeped outside the door, just to see if there was any horse there that they were dealing for, to satisfy my curiosity, and I saw two men under the lamp, just outside the door—the prisoner said he had been looking at a horse for this Harvey; that was whilst my father was getting the change—after I came in again the two men from outside came in, went into the tap-room, and stopped there a few
minutes, and then all four went out together—I cannot say whether they were all in company or not—I knew one of those two men; hit name is Martin, I believe, and he is a lodginghouse-keeper, in Mill-lane—I had seen him in the prisoner's company several times.
Cross-examined. Q. When your father asked about the name, did not theprisoner first turn round to the stranger, and then say, "Harvey?" A. Yes; they both spoke together—the other man said his name was Harvey, aplumber, at Deptford, and then the prisoner repeated it—I did not see anypony under the lamp.
JOHN CARPENTER , (policeman, R 38). On Saturday, 30th Dec, from information I received I went to Mr. Barton's, and received from him this note—it has the name of Harvey endorsed on it—it is No. 64505, dated London, 4th Oct., 1848—I afterwards went after the prisoner—I found him in his own house—I told him he was charged with having uttered to Mr. Barton a forged 10l. Bank of England note—he said it was a bad job, and he was very sorry for it, but he did not utter it; it was not for himself; it was another man that was with him—I said, "Yours was the hand that uttered the note, and yours was the hand that received the change"—he then said, "It was not for myself; it was for a man of the name of Martin, a baker, living at the lower part of Deptford"—I am sure he said Martin—I asked if he knew the man—he said he had seen him before—I asked whether he could tell me where he lived—he said, "I have been trying to find him myself, but cannot"—I asked how he came in company with this man—he said that he had been called by a man in Deptford Broadway, and was asked by him if he would earn a bit of silver, which he said was for assisting him in the sale of a pony—I asked who the man was that was about selling the pony—he said, "It was a man that I have seen in Smithfield, but I do not know his name"—he said that the changing of the 10l.-note was for the payment of the pony—I then said, "What remuneration were you to get for changing that note?"—he said, "I was to have 3s. 6d., which I did have"—I did not mention the name of Harvey to him on that occasion—I believe I did at the station say that the name of Harvey appeared on the note instead of the name of Martin which he gave me, I believe that was all—he never mentioned the name of Harvey to me, not at the time he was apprehended; he did afterwards at the station say that it was Harvey, and not Martin, and I said, "I do not know what you meant, but you told me Martin"—he altered the name—after the first examination before the Magistrate I asked him who the other men were that were with him—he said there were no other men with him; the only person that was with him was the man Harvey—I said, "There were two other men outside the house, who came into the tap-room and joined you, and all four of you came away together"—he said there were no other men with him but the man whose note it was, nor were there any other men outside of the house, and that he had come away from the house with the one man only—I have searched through the whole of Deptford, and there is no person named Harvey, either a baker or plumber; nor is there any person named Martin a baker or plumber, but there is a man named Martin, whom I know to be a companion of the prisoner, who keeps a lodging-house for all sorts of travellers.
Cross-examined. Q. Did not he say the man asked him for bis judgment of the pony? A. No—he stated so before the Magistrate—he did not say all he was to have in the transaction was 3s. 6d.—he said he was to have 3s. 6d. for changing the note—when I charged him with uttering the note, he said he had not—he did not say that a man of the name of Harvey had
done so—he never mentioned the name of Harvey, only Martin—when I said, "It was your hand that handed the note to Mr. Barton, and your hand that received the change, he did not reply 'It was not for myself, it was for Harvey"—(looking at his deposition) this is my signature—(the witness's deposition being read, the name of Hartley occurred in every instance)—it was read over to me before I signed it, and I understood it to be read by the name of Martin, and not Harvey, which I believe it was; and I still farther say that the name of Martin will be found in the original notes taken before the Magistrate—I have been in the police upwards of ten years.
Cross-examined. Q: The Bank do not prosecute in this case? A. No. MR. PLATT here proposed to put in the prisoner's statement before the Magistrate, without offering the usual proof', under the provisions of 11 and 12 Vic., c. 42, sec. 18; by which he contended it was made evidence of its own contents, in the same manner as a certificate of conviction. MR. PARRY submitted that it was necessary the Magistrate's signature should be authenticated, and also that a compliance on his part with the proviso of the section should be shown; because the signature, if proved, could only refer to the two forms of questions to be put, and to whatever statement might follow, and would not show that the Magistrate had acted upon the proviso. MR. JUSTICE COLERIDGE. "Assuming that the form is correct, my difficulty is whether the proviso is not a condition precedent to the form being received, even if the signature were proved unless you go on to show that the Magistrate has performed the other requisition of having made that statement to the prisoner. The giving him clearly to understand that he has nothing to hope or fear from making any statement, is quite distinct from anything that appears on the fate of the document. I think it better, on the whole, to receive it, and to reserve the subject if it becomes necessary." The statement was then read as follows:—"I was going into the Broadway, and saw two persons dealing for a pony and harness, at half-past eight in the evening; being in that line, I went up to see, and one bid 6l. for it; the one that had got the pony I had seen before in Smithfield; he said to me, You know what a pony is; Mr. Harvey (as he represented himself to me) said he thought it was a kicker; after a little while Harvey bought it, and asked for change of a 10l.-note; he could not give change, and he said he would go and try and get change; he came back and could not get it, he then asked me to get it, and said he would give me 1s. for my trouble, and I went with him to Mr. Barton's and got change, and he took the pony away."—(Signed by the Magistrate, and also by the prisoner.)
(The prisoner received a good character.) NOT GUILTY .
Before Mr. Justice Cresswell.
MR. SAWYER conducted the Prosecution.
THOMAS HENRY ATKINSON . On 23d Dec. I was in the parlour of the Nelson public-house, Trafalgar-road, Greenwich—Carey came in, went to the fire, lighted his pipe, and stood before the fire, which he ought not to have done—he stood there for some time, and I said, "That don't look altogether English fashion for you to stand before the fire in that way; it is a cold night, and there is a good deal of company in the room that want to see the fire if they don't feel it"—nothing more patted between us—he Went out,
returned in a short time, leaving the door open, went to the fire, lighted his pipe, and stood before the fire again, in the same position as before—he stood there for some time and I said, "This is the second time you have done the like; you ought to have sat down when you were told the first time"—he said he was not going to stop a minute—he went out a second time and returned with Johnson and another whom I do not know—Carey went before the fire again, and stood in the same way—a man on the other side of the room said to him, "Why don't you sit down; you have been told to do it a second time"—Johnson, who stood by the door, replied, "No, if I was him, I would not sit down"—Carey then made use of tome very bad expressions, and said that he would not sit down, and nobody in the room should make him—he then walked from the fire to me—I got up to go out—he seized me by the jacket-collar, and I instantly found blood flowing from my head, in consequence of a blow I received, but I do not know from whom—William and Richard Rivers and his wife got up to go—Carey laid hold of William Rivers, and Johnson struck him with a quart pot, twice, I believe, and knocked him down senseless under the table—Richard Rivers and his wife both received several blows from Carey.
Cross-examined by MR. PAYNE. Q. How many were there in your party? A. Three besides myself—there were a great many in the tap-room—Carey sat down the second time he was asked—one of my party moved the form from under him—he was not standing before the fire to take the chill off some beer—I did not say, "Come, move away from the fire," in a rough manner—he did not say, "I shan't be long"—Rivers did not say, "You b—y Irishmen shan't he there"—I did not strike Carey in the mouth—one of my party did not say to Johnson, "Did you come in to fight? "nor did he say, "No"—Rivers and I did not strike Carey before he touched us—there was not a row with all the people in the room—there were only the three prisoners fighting—none of us struck at all—I and Richard Rivers are seafaring men—William Rivers is a cooper—we could not get a chance of returning the blows, and we did not try—neither the landlord nor the potman were witnesses before the Magistrate—the barman was there, but he was not allowed to be heard—there are no other witnesses except my party—Carey did not say he should go and get a pipe, and Rivers say, "Yes, you had better go pretty quick, too"—I was sober—I had not been in the public-house ten minutes—I had not had anything to drink that day till I went in there and had a pot of beer—I was paid off from the Grampus four months ago, and have not done any work since—I have been prevented now from trying to get a ship, in consequence of this—I did not want to go away before that—I bad not been long enough on shore—I was not pretty drunk almost every day after I was paid off—I had been walking about for pleasure all day—I had had dinner and breakfast too—there is no doctor here who attended me for the wound—I believe several besides the prisoners were fighting and using pewter-pots.
Cross-examined by MR. HORRY. Q. Have you since seen the man that came in with Johnson? A. No, I did not take notice of him—I cannot say whether he took any part in the row—Johnson stopped at the room door—I believe the other man remained in, for the door was shut—I am quite sure it was Johnson, and not the other man that laid hold of Rivers and struck him—I did not get up to Johnson at all—Johnson began to strike with the quart pot without anything being done to him—I did not see where he got it from—I was completely stunned, and do not know where I was after the blow—William Rivers was struck after I was—that was after I came to again, about two minuter, I should say—Johnson and Rivers were then hustling over the
table—I did not see the beginning of it—William Rivers did not have a pot in his hand at all—they were trying to get out at the door—Carey struck both Richard Rivera and his wife.
MARGARET BODLE . I am the wife of Charles Bodle, and live in Pilgrimplace, York-street, Greenwich. On the night of 23d Dec. last, I was in the parlour of the Nelson public-house, about ten o'clock—I saw Carey there—he was asked to get away from the fire—he gave a great insult of bad language, and said he would not—I saw him take a pewter-pot off the table and strike Atkinson with it on the head—Levy caught Atkinson by the jacket or waistcoat and shook him—they said they were all b----y English, and to kill every b----r of them.
Cross-examined by MR. PAYNE. Q. What are you? A. A laundress, and the wife of a pensioner—I am sure it was Levy that seized Atkinson by the collar and shook him, and Carey that struck him on the head with the pot—(The witness's deposition being read, stated, "I saw Carey seize Atkinson by the collar, and while Carey was holding Atkinson, Levy took up a pint pot and struck Atkinson on the head with it")—Carey laid hold of him first, as e came into the room, when Atkinson asked him to come away from the fire, and Levy struck at him with his fists, and then Carey up with the pot and struck him on the head—in the confusion we could scarcely discern one from the other; there was such a quantity of them, all of their acquaintances—I only saw Carey go out once, and then be brought in Johnson and another man.
RICHARD RIVERS . I live in East-lane, Greenwich. I was with Atkinson in the parlour of the Nelson—Carey was there when I went in—(I did not go in with Atkinson)—he was standing before the fire—he went out, and came in with Johnson and another, and went and stood before the fire again—he afterwards came from the fire, seized Atkinson by the collar, and struck him—he also struck me on the head with a quart pot—I was injured and taken to a doctor.
Cross-examined by MR. PAYNE. Q. Was Carey asked to sit down? A. Yes—he went out twice, and came in again—I did not say he should not be in front of the fire, nor did my brother—Carey did not get up to go for a pipe, nor did I say, "You had better go, pretty quickly too"—I did not say, "You b----y Irishman, you shan't be there before the fire," nor did I hear my brother say so—I did not see Atkinson strike Carey in the mouth, nor hear one of our party say to Johnson, "Did you come in to fight?" and he say, "No"—I saw none of our party strike Johnson—Atkinson did not strike Carey with his fist—there was not then a regular scrimmage, not on our side—I was knocked down and stunned—there might be a dozen persons in the room.
Cross-examined by MR. HORRY. Q. How long had Carey been in before Johnson came in? A. Not many minutes—I did not speak to any of them—I was sitting behind the table, not near Johnson—I was struck by Carey as I was getting out of the room—a man named Parkins, who sat beside me, took the form from under Carey; he was one of our company—that did not give Carey a fall—he was not sitting on the form; he was standing there—the form was alongside the fire, and Carey shifted it, and sat in front of the fire—a man behind asked him to get up, because he could not see the fire for him, and he got up, went out, and then came back with Johnson and another.
WILLIAM NOBLE . I live in Roan-street, Greenwich. On 23d Dec. I was in the parlour of the Nelson, sitting by myself; it is a small room—Carey came in and put himself in front of the fire—he was asked civilly to sit down on one of the seats—he refused, stopped there a few minutes, and
then went out to the tap-room to hit friends—he came in again, and put himself in the lame position—the sailor asked him would he sit down out of the way—he went out into the tap-room, and brought in three persons—two of them came into the parlour with him, and one stopped against the door, holding it—the three prisoners pulled the form up to the front of the fire, and sat very close to it, and another one stopped near the door: it was neither of the prisoners—the prisoners were asked to sit away, and to allow the people see and feel the fire—as soon as the words were said, they got up and caught hold of the sailor, and shook him over the table—Edward Rivers' wife got up, and she got a severe blow with a quart pot on her head—Johnson and the sailor were contending together—William Rivers tried to get to the door to get out, but he could not—Johnson gave him two violent blows on the head, and knocked him under the table—Carey came over to me, and using very bad language, gave me a blow with a quart pot—they all three had pint and quart pots fighting with—it was the worst brutality I ever saw.
Cross-examined by MR. PAYNE. Q. Have you always said that Carey went out and fetched three men? A. Two came in and one stood at the door, holding it while the people were being hit—(looking at his deposition) I dare say this is my signature, I do not know whether it is or not—(The signature being proved by another witness, the deposition was read, which stated that Carey went out and fetched in two more)—so he did fetch in two more—the third one did not come in, he stopped at the door—Carey called me a b—vagabond, and said he would break my head; and had it not been for the peak of my cap breaking the blow, it would have been my death.
Cross-examined by MR. HORRY. Q. Did you see Johnson sitting by the parlour door? A. No—I was there a few minutes before Carey came in—Rivers, his wife, and brother were there when I went.
WILLIAM RIVERS . I live in Bennet-street, Greenwich. I was in the parlour of the Nelson when Carey came in and stood in front of the fire—Atkinson requested him to move away, and he went out, and the second time he brought in Johnson and another man—Johnson hit me twice on the head with a quart pot—I did not see any one else get blows—all the prisoners had pots in their hands striking—we had given them no provocation.
Cross-examined by MR. PAYNE. Q. Did not you or your brother say that Carey had better get out pretty quick? A. No—I did not see Parkins move the form from under him—my brother did not say," You b—Irishman, you sha'nt be there before the fire," nor did I—they did not fall on the edge of the table, and get hurt in that way—I fell under the table.
Cross-examined by MR. HORRY. Q. Was it the first, second, or third time that Carey went out, that he brought in Johnson and the other man? A. The second time—Johnson staid near the parlour door—the sailor was sitting a few yards from Carey—it was Johnson that struck me—I never moved from my seat till Carey came and caught Atkinson by the collar—I was struck quite unawares—I was sitting quietly—some persons were standing by the door.
WILLIAM WHELTON (policeman, R 40). I took Carey and Levy into custody that night—they both appeared to have been drinking, but knew what they were about—Johnson gave himself up to a City-policeman last Friday.
MR. PAYNE called
ANN CUMMINGS . I live on the old Woolwich road, at Greenwich—I work for Mr. Dennison, a farmer. On 23d Dec. I was in the parlour of the Lord Nelson, and saw Carey there taking the chill off a pot of beer—Atkinson said, "Come away from the fire you b—Irishman"—Carey said he should not be
long—one of the Rivers, I think it was the sailor, said to Carey, "Come away from the fire, you shall not be there, you b—Irishman"—Carey got up to go for a pipe, and when he got to the door, Rivers said, "You had better go pretty quick, you b—Irishman"—Atkinson came and sparred at Carey, and hit him in the mouth, and made it bleed—when Johnson came is one of the witnesses asked him whether he came in to fight, or to be Carey's second—he said, "No" and with that the person hit Johnson—Atkinson and Rivers both caught hold of Carey's head, and pulled him down and beat him—there was then a row, and pots were used—there were a good many people in the room—the Rivers, and Noble, and all of them were engaged in the row.
Cross-examined by MR. SAWYER. Q. What brought you there? A, I went in with Johnson—he works where I do, and we stopped at the Neleou with a good many others—as soon as Johnson weat into the room, ha was asked whether he had come to fight—there were words before that—Johnson and Carey know each other—they are fellow-workmen, and Levy also, but Johnson did not speak to Carey before he went in—I did not see Carey sitting on a form—Johnson was struck—I cannot tell who by.
CAREY— GUILTY . Aged 23
LEVY— GUILTY . Aged 29.
JOHNSON— GUILTY . Aged 25.
Of a common Assault
Confined Twelve Months
Before Mr. Common Serjeant.
ELIZABETH WATERS . I live at the King's Arms, Church-street, Deptford. On 24th Jan. the prisoner came about eleven o'clock at night, and asked for a quartern of gin, and gave me a half-a-crown—I took it in to my sister, Mrs. Blackshaw—she gave 2s. 2d. change—the prisoner went away.
Prisoner. I never was near the house? Witness. I am sure she is the person.
WILLIAM GORE BLACKSHAW . On 24th Jan. I saw the prisoner having some gin—I saw her go out—I was asked soon after, to look at a half-crown—I thought it was bad—I looked for the prisoner, but did not see her—on the morning of 26th Jan. my wife gave me this half-crown, and I gave it to White.
WILLIAM TAYLOR . I am a butcher, of Broadway, Deptford. On 26th Jan. the prisoner came for a mutton-chop—it came to 4d.—she offered me a bad shilling; I chopped it in half, and said it was bad—she said she had not enough halfpence to pay for the chop without changing the shilling—I sent for my master, be gave the prisoner into custody—she then said the had halfpence enough, and took 4d. from her pocket.
WILLIAM JACKSON (policeman, R 284). On 25th Jan. the prisoner was given into my custody, with this shilling—I asked why she did not pay with the coppers that she had—she said she took the first that came to hand, which was the shilling.
GUILTY . Aged 45.— Confined Six Months.
ARTHUR SAUNDERS . I am a grocer of Woolwich. On Saturday, 22d Dec., I engaged Oldfield to assist in my shop—about eight o'clock that evening, I heard a rattling in the till, and saw him putting his hand into Parson's hand—in half an hour Parsons came again, went up to the counter, and without her asking anything, he put down 11b. of sugar to her—she put 1s. on the counter—he took it up, and put down 2s. 2d. change—I stopped her, took the money from her, and gave them in charge.
Cross-examined by MR. HORRY. Q. Who was serving besides you and him? A. Baxter; we both left off serving as soon as Parsons came in—the prisoner had just finished serving a customer—I wont swear he had not given her change—he said Parsons had given him half-a-crown.
NOT GUILTY .
SEPTIMUS FENN (police-sergeant R 31). On 10th Jan., about half-past nine o'clock in the morning, I was on duty in Blackheath Road, and saw the prisoner with something bulky—I took her to the station, and found on her a goose, a live tame rabbit in a bag, and two chickens in her pockets—she said she found them, and the rabbit was given her by a man.
Prisoner's Defence. I hope you wont be hard with me; I have three children, and my husband is in Maidstone Gaol.
GUILTY . Aged 38.— Confined One Year.
THOMAS BORDERS . I am shopman to Mr. Thomas Pacey Birt, a pawnbroker, at Woolwich. On 4th Jan., he bad a gown and a frock hanging in the shop, just inside the door—I saw them safe about eleven o'clock—I did not miss them till the policeman told me of it, about six in the evening—I can swear these are my master's—(produced.)
Prisoner's Defence. They were given to me.
WILLIAM HARDING (policeman, R 78). I produce a certificate of the prisoner's former conviction—(read—Convicted Aug. 1848, and confined four months)—the prisoner is the person—she has been summarily convicted nine or ten times.
GUILTY . Aged 27.— Transported for Seven Years ,
(There were two other indictments against the prisoner.)
me, at eleven o'clock at night—I went down with him to the Wicket-gate—there was a dog there—the prisoner whistled to the dog, and told me to stop where I was, and he would bring the boat to me—this was between twelve and one—we got into the boat, and shoved off to a barge, to find a pair of skulls to row it across the water—he got the skulls, and we were going across the water—he told me that sometimes there were things left in a barge, which were his perquisites—he put the skulls on board the barge—he took them from me, and we were three or four minutes by the side of a barge—he told me to sit still till he got the boat steady—I got out of the boat at the horseferry, and saw the prisoner with this brick of fuel under his arm—I cannot say where he got it—he had three of them—I asked him what he had got—he said, "Some bricks of fuel, to burn"—I said, "I will buy one"—I gave him 1 1/2 d. for this one—I saw him go in doors with the other two under his arm—I proceeded towards my home with this one—the policeman met me; and asked what I had got, I told him, and how I came by it.
Prisoner. Q. Did you tell the policeman I sold you this brick?—A. Yes, and that you had two more—I requested the policeman to come to your house, and ascertain whether you sold me this—he said he could not think of letting me go, to come after you.
Prisoner, If he had come to my house, he should have searched it with pleasure.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 56.— Confined One Year.
ANN BENNETT . I am the wife of William Bennett, of Evelyn-street, Deptford. On 20th Jan., about two o'clock in the day, I went into the shop and saw the prisoner with a looking-glass under his arm—he left the shop—I called the apprentice, and my husband—they ran after him, and brought him back with the glass—he said he bought it lower down the town—this is it (produced)—my husband took it from him, and he ran away—it is a broker's shop, and the glass was just outside the door.
Prisoner. I stamped twice but no one came—it is not likely, if I had taken it from outside the door I should have gone into the shop with it—I gave 10s. for it. Witness. There was not the least noise made—I was in the shop half a minute before—the glass was just inside the door—here is the ticket which you threw down in the shop.
WILLIAM BENNETT . My wife called me—I ran alter the prisoner, and took him 150 or 200 yards off, with a glass under his arm belonging to me—I asked how he came to take it—he said he had bought it at a shop lower down the town—I took him back—he gave me the glass, walked away, and was taken by a policeman.
HENRY COTTON (policeman) I followed the prisoner about two miles on the London-road, tapped him on the shoulder, and said, "I suppose you know what I want you for"—he said, "I suppose about stealing the glass, but I bought it of a man in Deptford Broadway."
Prisoner's Defence. I gave 10s. for it
GUILTY . Aged 68.— Confined Twelve Months ,
Before Mr. Common Serjeant.
THOMAS ROBERT EVANS . I am a broker, at High-street, Woolwich. On the evening of 27th Jan., about six o'clock, I missed from inside my shop a tumbler, sugar-bason, and cream-jug—these are them—they are mine.
GUILTY .— Confined Six Months.
Before Edward Bullock, Esq.
CAROLINE RICHARDS . I am the wife of Joseph Richards, a victualler, of Woolwich. On 25th Jan., the prisoner came and asked for five pints of ale, and five pints of porter for Mr. Bull, who I knew—I asked if he had any order—he said no, Mr. Bull told him to give his name, and it would be all right—I let him have it.
Prisoner. I said it was Mr. Bull's foreman sent me. Witness. I did not know he had a foreman—I said Mr. Bull usually sent an order, and you said as an excuse that he was unloading three large loads of bricks.
HENRY WARRHAM . I am Mr. Richards's potman—I was present when the prisoner came the last time, and asked for a gallon of half-and-half—my mistress told me to follow him—he went into the George and Dragon—I went in, and saw him and two or three more drinking it
GUILTY . Aged 28.— Confined Three Months ,
Before Mr. Recorder,
Borough-road—the prisoner was in my service about eighteen months—he had charge of the premises, and kept the key at night—this sugar produced is of the same quality as mine—I have not missed any, but have often been puzzled about the weight, which diminishes much in refining.
JAMES BURTON (policeman), On Saturday night, 20th Jan., I saw the prisoner leave the factory gate, with this red handkerchief under his jacket—I followed him about 200 yards, put my hand to it, and felt it was sugar—I asked what he had got—he said, "What odds is that to you?"—I said, "This has been carried on long enough"—he then begged me to let him put it where he took it from—I took him to the station—I produce this sugar—it corresponds with this sample which I have brought from the factory, and is of a peculiar kind.
Prisoner's Defence. I picked it up.
GUILTY . Aged 29.— Confined Six Months ,
BRAY pleaded GUILTY . Aged 22. Confined six Months.
BROWN pleaded GUILTY . Aged 18. Confined six Months
GUILTY . Aged 14.— Confined Six Months, and twice whipped.
JAMES PIGGOTT . I live at Richmond; the prisoner was in my service. On 6th Jan., I gave him this check for 5l., to get changed—I told him to take his wages, 18s., out of it—he was to return me 4l. 2s.—I did not see him again till the Wednesday following—he then wanted to know whether, if he brought the money back, I would not proceed against him—I told him I could not receive it, the law must take its course.
Prisoner. It was on the Tuesday that I went back to my master; I told him I had been in bad company, and lost the money; I would have returned it, but I was taken the same evening, and had not the opportunity; I wrote to my master on the Monday, to tell him I would come back and work it out; he told me to get it cashed on my way home. Witness. I received this letter—(this being read, was dated 8th Jan., begging forgiveness for having lost the money)—I gave him leave to go home that evening.
MARY WELLS . I am single, and live at the Quart Pot beer-shop, at Kingston. On 6th Jan., the prisoner came there tipsy, with a female—I saw him with four sovereigns, a half-crown, four sixpences, and a halfpenny in his hand—I advised him to leave the money in the landlord's hands—he said he was his own money-keeper, and he would take care of it himself—next morning he inquired for the landlord and landlady, and complained that he had lost a sovereign—I saw him on Sunday morning, with three sovereigns, a half-crown, two sixpences, and a halfpenny—he gave 1l. 6s. 3 1/2 d. into my care, when he was fighting in the Quart Pot—I went with him to the railway
station, as he was very drunk—he said he was going to Leicester—he had some refreshment near the Waterloo station.
Prisoner, This witness changed two sovereigns, one at Kingston station, and one At Waterloo-road station; she took me home, and robbed me of the rest of the money, and my pin and handkerchief. Witness. A half-crown and 1s. was given at Kingston, and a sovereign I changed, in company with the prisoner and a porter, near Waterloo station, for some rum.
Prisoner, My master said, before the Magistrate, he did not wish to hurt me, and asked the Magistrate to fine me, and let me go, and said he would take me back into his service.
NOT GUILTY .
JOHN EDWARDS (policeman, M 229). On 10th Jan., I saw the prisoner, in company with two other lads, in Willow-walk, Bermondsey, in a field, about twenty yards from the prosecutor's—I noticed a bulk under his coat—I stopped him, unbuttoned his coat, and took this gown from it—his companions ran away—he said it belonged to his sister, who lived in Cross-street, Lock fields—I took him there, but she did not live there.
ELIZABETH POOLEY . I am the wife of James Pooley, of 4, Providence-place, Willow-walk, Bermondsey—this gown is mine—I lost it from a line in the garden, at the back of the house—I saw it safe between seven and eight o'clock that evening—there is a fence, separating the garden from a field.
Prisoner's Defence, I did not steal it, one of the boys gave it me to carry.
ALEXANDER HAUGHEY (policeman, M 183). I produce a certificate of the prisoner's conviction—(read—Convicted March, 1847, and confined three months, and whipped)—I was present at the trial—the prisoner is the person.
GUILTY .* Aged 17.— Confined Nine Months , and twice whipped.
WILLIAM AMERY . I am captain of the barge Worsley, in the London Docks. On 14th Jan., at eight o'clock in the evening, I was in Wellington-street, Southwark—I felt something, missed my handkerchief, and saw the prisoner crossing the road close to me—he put his hand in his breast—I collared him, and told him he had got my handkerchief—he denied it, and, while struggling to get away, threw it into the street—I picked it up, and. gave him in charge—there was no one else near enough to have taken it.
GUILTY .* Aged 24.— Transported for Ten Years ,
Before Mr. Baron Alderson,
MESSRS. BODKIN and HODGSON conducted the Prosecution.
London and South Western Railway Company. I made this large plan (produced)—the otherg are similar, but on a smaller scale—this light blue line represents the Old Richmond Railway; it is a single line, and comet up to a shed, which is the station used for trains going from Richmond to London—this darker blue line is the line from London to Datchet—I measured the distance along the different parts of the line; from this point, "E" to where the engines came in contact, is 100 yards; from "E," on the main line, to "M," where you can first see the express-train, is 555 yards—I ascertained where you could first see it, by standing at that point, and sending a roan along the line—I could have seen part of him if ht had gone farther, but I saw him entirely at 555 yards; it was daylight—from "E" you can see the signal-point at New Richmond (marked "I"); you can see it from further up, from the departure-platform, but not from the arrival one—Webber, the pointsman, pointed out to me where he was standing (marked "C.")
Cross-examined by MR. BALLANTINI. Q. There are two stations at Richmond? A. Yes; one is the Datchet line, and the other the Old Richmond; there is no line between the two; there are curves on the line from Old Richmond; there are curves between "E" and "G"—"E" is the elbow of a curve—a person coming down would have 365 yards before a collision could take place, while a person coming up would have only 190 yards; it was dark when this happened, but two very powerful lamps would be seen on each buffer of the engine coming down; they are about three feet high, not as high as a nan, but I could tee the whole of the man.
JOHN VINET GOOCH . I am superintendent of the locomotive-department of the London and South Western Railway Company. The prisoners were in their employ, Healey as the driver of an engine, and Watkins as stoker—I t is generally the stoker's duty to act under the orders of the driver—on 17th Nov. they were in charge of the Vulture locomotive-engine, which was allowed to be used by Mr. Brassey, the sub-contractor, for the purpose of ballasting—when done with, it was to be returned to the Company's shed—they charge him so couch a day, and find fuel, and everything—when the engine has done ballasting, it is the duty of the prisoners to report themselves to Mr. Doland, the overlooker under me; they are not allowed to go out again, after having brought the engine home—the books produced are copies of the rules; one is delivered to each of the Company's servants; it is also usual to deliver to the engine-driver a time-table—the 22d rule is, "No engine, truck, or carriage, is to be allowed to cross the main line when a train is due or is approaching, and in no case are trucks to be left standing on the main line; whenever the line is obstructed the proper signal must be exhibited whether trains are due or not, and every person belonging to the Company is personally responsible for this rule being strictly observed"—the 65th rule is, "During the whole journey the engine-man must keep a sharp look-out forward, standing in such a positiou as will enable him immediately to work his engine as may be required, so that he may instantly observe any obstruction that may be on the road, or signal, to which he must pay instant attention whether be knows or understands the signal or not; the fire-man must keep a sharp look-out forward, and frequently backward, to the train, to see that all is right, and he must be in a position to use the break on the instant appearance of any signal"—the 74th rule is, "No person, except the engine-man and his fireman, shall be allowed to ride on an engine
or tender, except the officers of the Company, unless authorised by the secretary"—the 79th rule is, "In approaching any station or any place where he cannot see, the engine-man having charge of any engine, whether laden or not, shall slacken his speed, and approach so slowly as to stop his engine without danger"—the Old Richmond line is a little on a curve; in certain positions that would prevent the engine-man seeing fairly a head—I made an experiment with an engine from the Old Richmond station, and placed a man, with a light in his hand, at the same height from the rails as the buffer, in the direction in which the train would be coming at "M," I was on the engine at "E," 555 yards off, and could see him—the line is perfectly level there—I went at the average speed of twelve miles an hour, and stopped at thirty-seven yards; it was a dry night—being on the alert it was a most satisfactory experiment—I told the engineer to go at the usual speed, and from my observation it was so; and when he got opposite the light he was to shut off the steam; it was shut off at "E"—the express-train should have the steam shut off at "N," about three-quarters of a mile from the Old Richmond platform; that would be before it got to "F'—the line from New Richmond to the junction, is on a considerable inclination, which requires you to approach that point cautiously.
Cross-examined. Q. Did you try the experiment nearer to the points than "E" after you had passed the points? A. Not as to stopping, but I satisfied myself I could see the light which I placed at "N" the whole distance from "E" up to the point of junction—I could see it rather better between "E" and "G" than I could at "E"—there is no curve—I used the Southampton engine, as the Vulture was too much damaged—both engines are for passenger-trains—I had not been called upon to examine the breaks of the Vulture before the accident—the breaks do not very often get out of order—it depends on circumstances; perhaps it is once in a month; sometimes not once in two months—if out of order, the length of time is greater in stopping an engine, but it is the duty of an engine-man to report such a case to hit foreman, not to me—when the engine stopped at thirty-eight yards, the engine-man, the fireman, myself, and another were on it—it takes one man to the break—he has not always bis hand on it—he stands by it, except when engaged in other duties—his duty is to throw coke on the fire, and assist generally in anything that has to be done, and to supply water, all of which require him to be standing close to the break—the engine-man opens the fire door while the fireman puts the coke on—water is procured by merely turning a handle, that is the duty of either of them—the handle for the water is by the handle of the break—if one is turning it, the other may put his hand on the break—the engine sometimes gets a little wrong, and then it is their duty to mend it as far as they can—the steam is turned off merely by turning another handle—there is no person whose express duty it is to stand by the break and watch—I made the experiment about six or half-past—I did not take care that the break was in good order, it was an engine which happened to be standing there—the express-train travels at the rate of forty-five to fifty miles an hour—our express-trains are all first and second-class—if leaves Waterloo at thirty-five minutes past five, and would be due at the points about half-a-minute before six—I have not tried the experiment of stopping an engine going at forty-five miles an hour—we have one engine to a train one day, and another on another, we are not particular—the breaks are all of the same character and quality; we are not able to put greater power on express-trains than on others—the time in which we could stop a train would depend on its weight—I think the point "M" is three-quarters of a mile from the station—the break would be put on as well
as the steam shut off—they sometimes put on the break at full pressure; that is safe, but would cause a little more wear and tear—there is an up-train from Datchet, that ought to have arrived at Richmond at 5h.-40m.—there was a down-train due at the old station at 5h.-50m.—when a train arrives, a bell rings—all trains stop at Richmond, a bell would ring for all.
HENRY MEE . On 17th Nov. I was acting as time-keeper to Mr. Brassey, the contractor—I had been out all day ballasting by the Vulture engine, which Healey drove, and Watkins was the fireman—it was my duty to take an account of the time the engine was employed by Mr. Brassey—when the engine returned from the ballasting, as it pasted the booking-office it was three minutes to five—I saw the ballast-wagons put up, and left the engine standing close in front of the wagons, in the same position as when I first arrived at the booking-office—I left it about a quarter-past five—I left Healey with the engine—I afterwards went with two of my men into the Locomotive beer-shop, which is about 180 yards from the shed—it took us two or three minutes to go—after we had been there ten or fifteen minutes, Healey came in, and about ten minutes or a quarter of an hour afterwards, Watkins came—we had two pots of beer between six or eight of us—the prisoners were sober—a porter named Pitt came to the door—the prisoners were both there then—Watkins had then been in about half-a-minute or so—I believe Pitt said the engine was blowing off her steam—Healey then turned to Watkins, and said, "Go, mate, I am coming directly"—Watkins went out directly—I heard Healey say that he was going to Nine Elms station—I went out, and he followed close on my heels—there is a clock at the beer-shop—I did not notice Healey look at it, but I did particularly, and it was then about three minutes to six—the deceased, Richard Perry, and Andrews were with me—I then went to where the engine was, and got on it—Perry was on it before, and Andrews also—all the people on the engine were Watkins, Healey, Perry, Andrews and myself, I being the last the engine was put in motion directly—I went down with it to the points at New Richmond—I did not hear a word said about the express till Healey turned and said to me, "Oh dear, we are running into the train"—I think those were the words he used—Watkins immediately applied the break, which caused me to fall backwards as I was standing behind it—it was put on suddenly, and apparently very hard—it shook the engine so as to make me fall—I did not fall out, I fell on a quantity of coke that was in the tender—a few seconds after that the two engines came together—I was in a great fright, and had my kneepan cut in two.
Cross-examined. Q. Do you know the elbow that has been spoken of? A. I know a small curve—the break was put on before we had fairly arrived there, before we had fairly got round it—it did not immediately stop the engine—the speed was very much moderated when the collision took place—I cannot tell at what speed the express train was coming—I did not see it at all—Healey was in his proper place at the engine at the time, and Watkins was at the break—I cannot say at what pace we were going—I should think net more than three, four, or five miles an hour, but being in the dark I could not see—I should consider, by the distance we bad gone, it was not more four or five miles an hour—we were going up to Vauxhall for coke—that, certainly required—it has frequently occurred that we have had to stop; for coke—I did not hear either Healey or Watkins say before we started, "Now, the express train has passed we will start"—I did not hear any words from the time I was on the engine till Healey said, "We are running into the train"—I did not hear any bell ring—I did not know that Healey was injured till I was told—I saw no one afterwards, except Andrews.
JOSEPH ANDREWS . I am a labourer, living at Richmond, and was employed by Mr. Brassey, the contractor. On 17th Nov. I was at work for him at Datchet, and after the work was over I came to Richmond by the Vulture engine with Perry and Mee—we got the engine to the station at Richmond somewhere about five o'clock—I went home to get my tea—Perry said Healey was going to Vauxhall for coke, and he was going with him—it was arranged that I should also go as far as Barnes—I afterwards went to the Locomotive beer-shop, which is close to the station, and found Healey, Mee, Perry, and several others there, having some refreshment—Watkins came in, and said something about the engine—a little after that Pitt, a porter, came in, and said the steam was blowing off; in consequence of which Healey desired Watkins to go and look at it, and he went—a few minutes after that I observed Healey take out his watch and his time-bill—he then got up and said, "Come, my lads, we must be off"—I went with him and the rest to the station, and found the Vulture engine there, and Watkins with it—Healey then got up on the engine—I think he was the first to get up, and Perry, Mee, myself, and a man named Suteliffe, I believe a flagman; that was all—I think most of us were at the back of the tender—Perry was nearer the boiler—there was a quantity of coke in the tender—as soon as we had got on, the engine started—after we started a little way up the line Healey blew the whistle, and looked back, and told Mee it was no use talking to all of us, that we were going into the express-train—we were then going round the curve—he called to Watkins to put down the break and jump—I suppose he meant to jump from the engine—I and Mee fell down in the tender, in consequence of the sudden shock of the break, and Watkins jumped off; I think he was not hurt—Perry was standing at the left-hand side of the boiler, on the foot-plate of the engine, next the Datchet line—I cannot say how soon it was after Watkins jumped off that the other engine struck us; it was a very short time—I saw Perry moving from his standingplace, and he lolled himself, or was thrown round, and I saw no more of him—I believe I was thrown off—I have no recollection of getting off, but I found myself off—I was very much shaken, and cut a little about the head and several places—when I got my senses a bit I went round the tender, and saw Healey and the fireman throwing some ballast, and one said to the other, I am not sure which it was, "This was a bad job," and the other said it was—I cannot say at what speed we were going—I was never on an engine before—I thought we went rather brisk at first starting.
Cross-examined. Q. Did you hear Watkins say before you started that the express-train was gone? A. He said in the Locomotive that the engine or the train, I am not sure which, was gone—it was not till after that, that Healey started—when the train was coming Healey called out to us to jump, but he remained on the engine himself to the very last—I believe he fell on me—he did all he could to stop the engine—when I afterwards saw him throwing some ballast, he did not appear to be very much injured, but it afterwards appeared that he was—I was taken home, and have been confined for weeks in consequence, and when I got better, in eight days' time, I went and saw him in bed, still suffering from the effect of the injuries he had received.
MR. BODKIN. Q. Did you know that a train left the Old Richmond station at ten minutes to six? A, No; I was not aware of that—it was immediately before we started that Healey said the train was gone.
DAVID PITT . I am a porter on the Richmond railway. I recollect seeing the Vulture engine standing in the shed on 17th Nov.—I went, looked at the gauge, and there was about a dozen inches of water in it—I do not know
whether that is very little or the usual quantity—I then went to the Locomotive and told Watkins and Healey that the engine was blowing off the steam—I saw them both go to the engine—it was then about ten minutes to six—there is a train comes into the Old Richmond station at that time—it was coming in when I went to the Locomotive—I should say Watkins could see it—that train comes in ten minutes before the express, and gets into the shed before the express comes—I did not see the Vulture start.
THOMAS WEBBER . I have been employed by different railways for nearly ten years. In Nov. I was a pointsman at the Old Richmond station, at the point marked "C" in this plan—the engine-house is at "A"—I saw the Vulture after it came in from ballasting—I saw Watkins come back to it and move it—the moving it pumps water into the boiler—I told him he must not go up the line, as there was a train coming—I did not say what train—he said, "My mate is not here: I want a little drop of water in the boiler"—he went up the line for 150 yards, and then returned again to the shed—at that time the down-train, due at ten minutes to six, had arrived—the passengers were getting out about twenty yards off—if a person came from the Locomotive beer-shop to the place where I spoke to him, he would come down the arrival platform—after Watkins had brought the engine back I had occasion to go away, to make arrangements about another engine for another train, and while I was away I heard a rash of steam out of the Vulture—that meant that they were coming up the line—I did not know which line it was on—I looked out in consequence, and saw the steam rushing out of the cylinder-cocks, and the engine in motion—that was about two and a half minutes after the engine had come back—I sung out to Hunt, the driver of the Southampton, which was the engine which had brought in the train, to hold on—they were on the same line—I had got hold of the points with my left hand, and my lamp was in my right—I put the red light between my hands, ran forward, and held it up to the Vulture, to try to stop her—she had gone off down the road, and was near the tank—the buffers of the engine were right opposite me—she would have to pass me—I had showed the red light in front of her—she passed me—I hallooed, and asked where they were going—they passed on—the red light means "dangerous," and "to stop instantly"—I cannot say exactly, but I should think they were going at about seven or eight miles an hour when they passed me—I constantly see the engines leave—she went out a good deal faster than they usually do—I heard the Datchet bell rung, which means that the express-train is in sight, or at the wooden bridge—they get sight of it at the Richmond station, a little on the other side of the wooden bridge—it was after the Vulture bad passed me that I heard the bell ring—she was then just going round the curve—I was alarmed, and followed the Vulture, and then found that the collision had taken place.
Cross-examined. Q. How far were you from the engine when you exhibited the red light? A,''Five or six yards the second time—I was between the Datchet and Richmond lines, on the right of the engine as it was going towards New Richmond—I did not see the express-train coming down—I have nothing to do with the express-train—I am on the branch line coming into Richmond—I put up the red light to stop them, because the express-train had not passed—I knew it had not come to the new station—I had not heard the bell, and it has to pass close along beside where I was, and it could not have passed without my hearing it—it was about three or four minutes after the down-train had come in that I first exhibited my red light; that was in the yard—it takes seven or eight minutes for them to collect the tickets, for the passengers to get out, and to pull in the train and back on to the turn-table—the
first time I exhibited the red light was to Watkins, when he went up the line 150 yards and came back again—I then said to him, "You must not go up the line, there is a train coming"—I meant the express-train—the other train had then come in—it was five minutes after that that I exhibited the red light the second time.
MR. BODKIN. Q. Although you have nothing to do with the express-train, can you see and hear it as it goes along? A. I can see it when it comes within 400 yards of me—I do not know that it is my duty to watch it and to notice the time of its arrival—I have had no orders to see that nothing passes the points to the main line when the express is expected—I stopped the Vulture, because I do not like to see them go up there after dark if the trains are due, but I never had any orders to that effect—I was standing on the right side of the Old Richmond line, looking towards London.
SAMUEL LUCK . I am point and signal-man on the Richmond Railway at New Richmond, where the Richmond line comes into the Datchet, and where this collision took place. On the night of 17th Nov., at six o'clock, while the Church clock was striking, I saw an engine coming down from the Old Richmond shed towards my points—by the time-bill, the express from London was then due—the Church clock is about two minutes before the Railway time—the express was not then in sight—when I saw the engine coming, I turned on the red light, which is a signal to stop—the engine then went back out of my sight—about three or four minutes after that, I saw the express coming, and rang the bell for some time longer than usual, as the wind was blowing in a contrary direction—when I had done ringing it, I heard a whistle blowing from an engine coming in the same direction as before, from Old Richmond—I then turned the red light to it—they did not appear to take any notice of it, the engine still came on—finding it still kept on, I turned the red signal round to stop the express—almost immediately afterwards the collision took place—the express engine was driven four or five yards off the line—the Vulture was thrown back, but not off the line—they were about two lengths of metal from the crossing—when I showed the light the second time, it appeared to be about 150 yards from me—they could have seen it distinctly—the train that arrives at Old Richmond at 5h.-50m. must have been in something like fourteen minutes before—that arrived in time, and the express was about five minutes late—I afterwards went up to the Vulture engine, and saw how Perry was jammed into the engine—he was killed by the collision.
Cross-examined. Q. Was it not your duty to give some notice to a man named Newman? A. No—he is stationed about 300 or 400 yards up the main line, as a gatekeeper—I ought not to have turned my red light so that he could see it—I had no instructions that any engine was coming out—when I saw the express coming I had not seen the Vulture the second time—I had presence of mind to turn the signals in a proper way to stop them—Newman has not complained to me, nor of me, to my knowledge—it was a dark night, not foggy—the rails were not very slippery.
MR. BODKIN. Q. Newman had charge of some gate? A. Yes—he had to signal the express-train by, if he saw my signal all right.
HENRY STAMFORD . I am a porter at the Richmond-station, and was there at six o'clock on 17th Nov.—I was there when the 5h.-50m.-train came in from London—I saw the Vulture engine start about six o'clock—about a minute after I saw the red light shown at New Richmond, where Luck is stationed—I did not see any other red light.
the express-train from London to Datchet. On 17th Nov. we ought to have left the Waterloo-station at thirty-five minutes past five o'clock, but left two minutes late—the train was due at Richmond at six—on passing the Mort-lake-station I looked at my watch, and it was then two minutes past six—it takes three or four minutes to run from there to the New Richmond-station—if we had got there without this collision, we should have been there at about five or six minutes after time—we shut off the steam about three-quarters of a mile before we get to the station—just before I got to the wooden bridge I saw the green light, which means "come with caution," turned from me—that is always shown for us to go by—seeing that turned away, I looked and saw an engine coming out of the old Richmond-station—I then reversed the engine, put on steam backwards, and opened the whistle—that made it go slower, as much as if we had put on the breaks—that was all that could be done—shortly after that we came in collision with the other engine—I have been a driver in this Company better than three years—I know this curve—the time at which an engine can stop depends on the state of the metal and the speed at which you are coming—you can stop at fifty or twenty yards—it is the duty of any engine-man driving on the main line to pay attention to engines coming on sidings.
Q. Suppose an engine-driver had three or four persons on the engine with him, would that prevent his having a sufficient control over the engine? A. It is according to where they were—if a person was standing in the way it would prevent him, but a man might stand on the foot-plate and not be in the way.
Cross-examined. Q. What sort of a night was this? A. It was mizzling of rain—there were a good many old decayed leaves about the line; we found it very difficult to work the breaks; they would not hold to the line—I have been down several times when I could stop at half the distance that I could that night—from where I was signalled to where the collision took place was better than a hundred yards—I had shut the steam off about four hundred yards before—I was not exactly aware the engine was coming out till I saw the light—I was signalled a hundred yards before I got to the point—the break was on before that, not with much force: it was put on with greater force when we saw the signal—I have been on the line nine years next month, and I think Healey was there when I came.
COURT. Q. Had you a stoker with you? A. Yes—I had the chief command—it is his duty to obey my orders in all ordinary matters; the blame falls on me, not on him.
MR. BODKIN. Q. At what speed were you going? A. When I was signalled, I might have been going at thirty, thirty-four, or thirty-five miles an hour; I cannot say to five miles—the faster you are going, the longer it takes to stop the engine—I had a train behind the engine; it is more difficult to stop when there is a train, than with an engine alone—the break does not act so well in wet weather as in dry—when the break is on it does not shake the engine, but I know when it is on by hearing it grind against the wheels—the more it shakes the engine, the more it grinds the wheels.
MR. BALLANTINE. Q. When it is put on very violently does it sometimes get out of order and not operate at all? A. We have to look to them to see that they are in order before we start; it is our duty to do so.
WILLIAM DOLAND . I am foreman of the locomotive department. The Vulture engine was employed by Mr. Brassey for ballasting—on returning to the station it was Healey's duty to report himself to me, and take directions if he was to go out again—he did not do so on this evening—he had no right
to take out the engine again, without my express permission—he did not apply to me on this evening for any permission to do so—if an engineman was in want of coke for the next morning he must apply to me to go to get a supply—it would of course depend on circumstances whether I gave him leave if he applied—there was not sufficient coke there for the next day's work, but there was sufficient for him to have gone to Nine Elms next morning; when I should have sent him—I was expecting some coke that evening—it was contrary to his orders to go without my leave.
Cross-examined. Q. Where were you that evening? A. I was in my office at the time he went out; I am sure of that—that was six o'clock—I was not there at five, nor yet at half-past—there was no occasion for me to be there at that time—I had gone home to tea, which I had a right to do—there is no period stated for me to go home to tea—he generally comes in about six—if he came in at five that evening it would have been his duty to have reported himself then—I was then out at tea, but he had no business to go away—I have never known him to go for coke without leave; I am quite sure of that—there it no one else there to give leave beside me—I have the sole superintendence of the leave-giving at that station.
MR. BODKIN. Q. There is no fixed time for you to go to your tea, but do you generally go about the same time? A. Not always; sometimes I do not go at all—I am generally about half an hour gone—supposing he arrived in my absence, it was his duty to wait till I came in—I was in before six that evening—my place is not two minutes' walk from there, and there is a man there to fetch me if I am required.
NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Justice Cresswell.
MR. COOPER conducted the Prosecution.
JACOB MILLER . I am porter to the Phœnix Gas Company. On Sunday night, 7th Jan., I went my rounds as usual every half-hour—I went by Mr. Pridden's at half-past eleven—the window was all safe, and the blind hanging as usual, and closed—about ten minutes to twelve I beard glass break at the rear of the house, and then a noise as if woodwork was cracking—I went to the door, and saw a policeman with the prisoner in charge—the Venetian blinds were broken, and this blind torn out—I afterwards found it behind some palings; it had the tassel off and the cord attached—a square of glass was broken exactly over the window fastening—I found marks about the opening of the catch—the left square was broken also, and the bottom square where the Venetian blind was—the house is in St. George's parish—while the prisoner was in custody, I observed his hands were bleeding; I afterwards saw a cord taken from his pocket, which exactly corresponded with what was left.
Cross-examined by MR. METCALFE. Q. Where did you find the blind? A. About four feet from the window, stowed between some wooden palings against the wall.
o'clock, I saw Searle in Wellington-street—in consequence of a sign from him I went and heard a breaking of glass—I then told Searle to stand where he was, and I went across the street, towards Mr. Pridden's house, and there saw the prisoner forcing the Venetian blind with this piece of iron—I went and caught hold of him in the act of getting down—his hands were bleeding from a fresh wound—three squares of the window were broken—at the station I found on him this handkerchief covered with blood, and also this line and tassel of the blind.
Cross-examined. Q. Had he been drinking? A. He had.
HENRY SEARLE . I am a tobacconist, of the Blackfriars-road. I was at my door at the Corner of Wellington-street, and heard glass breaking more than once—I listened, and after a while, saw the prisoner coming in a direction of the gas-works—he went to the opposite side, as if to make water—he returned, and in about two or three minutes, I heard another smash of glass—I beckoned to a policeman at the corner, and told him what I had heard—I afterwards saw him take the prisoner.
(The prisoner received a good character.)
GUILTY of stealing only. Aged 23.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
EDWARD BATES . I live at 48, Howland-street, Fitzroy-square, and am a printer. On the morning of 16th Jan., about twenty minutes to one o'clock, I was coming over Hungerford-bridge, from the Surrey-side—I had taken a glass of rum and water, a drop of porter, and a cigar, but I was perfectly collected, and knew what I was about—I had not got more than fifty yards from the toll-bar, when the prisoner Flood accosted me, and walked a few steps by me, and then pressed me so tight against the wall, that I was unable to extricate myself—I did not see Smart then—when I rescued myself a little from her hold she gave me a violent blow in my face, which sent me right across the bridge with great force, and knocked me down—I was stunned for a few minutes, and immediately afterwards Smart made his appearance, raised me up, wiped my face, and accused me of taking improper liberties—I was unable at the time to make any defence—I know nothing more till the officer came up—I told him I had lost my watch, which I had safe in my pocket three minutes before I went on to the bridge.
Cross-examined by MR. METCALFE. Q. Where had you been to? A. I had been spending an hour or two with Mr. Day, a publican, and a few friends, in Cross-street, Blackfriars-road—I went at about a quarter-past nine o'clock—we did not have anything to drink till half-past ten—I accompanied some of my relations part of the way home, and left them to come over Hungerford-bridge—I had nothing at all to drink before I went to Mr. Day's—I left home at half-past eight—I remained at the station all that night—I was bleeding from my face, and they did not think it safe to let me go, as I lived at such a distance—they would not let me go without bail—there was no charge made against me that I am aware of—I was not charged with being drunk—I did not hear it—I was not doing anything with Flood while she was pressing me against the wall—we were standing face to face, I against the wall, and she facing me—she came in a direction towards me, meeting me—I saw no other woman—I was sent against the wall when she knocked me down—she ran away immediately—she struck me directly I liberated myself.
Cross-examined by MR. BALLANTIHE. Q. What were the words Smart
used? A. He raised me up a little, and said, "You have been taking some improper liberties"—he did not ask me whether I had been taking improper liberties; he might have said "I suppose you have."
CHARLES BOTTOM . I am a waiter, and live in Granby-place, Lower Marsh, Lambeth—I was passing over Hungerford-bridge on this morning, at twenty minutes to one o'clock, and saw Bates, with his back against the side of the bridge, and Flood close to him, apparently pressing him—I was about eight yards from them—I was going towards the Surrey-side, and had not arrived at where they were—I thought them not in a proper position, and crossed to the other side, meaning to pass them unnoticed—when I had passed them about three yards, I heard a sort of blow; I instantly turned round, and saw Bates in the act of falling—at the same time, I saw a man, who I had not seen before, come from the recess on the left—he was in the act of rising when I first saw him—the woman rushed past me to make her escape to the Surrey-side—I called out" Police" and "Murder" till I saw the toll-man come out of his box, and saw the shine of a policeman's hat in the centre of the bridge—the woman was taken on the bridge—I had lost sight of her for more than a moment when I turned my head—I did not see her face when I first saw her with the man—when I advanced, I kept her in sight, constantly crying out "Police" and "Murder," and she was stopped—about eight yards before she got to the gate, I saw her hand in a raised position—I accompanied the policeman to where Bates was—Smart was there then, apparently supporting him—I swear positively he is the same man I saw rise from the recess—I accused Flood of knocking Bates down, and said, "That is the man that came from the corner," putting my hand on Smart—he instantly began to bounce me about with a sort of domineer or threat, and said, "No; you must be mistaken"—I said, "I am positive you are the man;" but from his continuing to bully me, I began to be fearful I might be mistaken—the woman immediately said, "Do you mean to say I am the woman who knocked the man down"—I said, "Yes; I swear it," and clapped my hand on her shoulder—she immediately gave me a desperate blow in the eye, which nearly sent me over—I continued to call out "Murder" and "Police"—I rushed down to the toll-house, and begged the toll-man to spring his rattle—a policeman was there at the time, and had charge of Flood—I met two people, and begged them to go to the policeman's assistance—the prosecutor was then bleeding; but I was in too excited a state to think about him—next morning he appeared in a dreadful state—I never saw a man so dreadfully beaten about—his eyebrow was cut; and there was a hole or cut in the forehead, and one under the eye, which, I think, must have been done with some instrument—I pointed out to Bradley, the policeman, the place where Flood raised her arm—I should say that is nearly a hundred yards from where I first saw Bates and Flood.
Cross-examined by MR. BALLANTINE. Q. Was there not a gentleman at the station-house, who you pointed out as the person that came from the recess? A. No; I am positive of that—there was a man there—I said to the policeman, "Take notice of that man, for he very much resembles a person who attacked me at the toll-house"—I was not referring to the man who was with Flood—he was a tall thinfaced man; he promised to attend, but he did not.
JAMES BRADLEY (policeman, L 42). I was on duty in Belvedere-road—heard a cry of "Police"—I went on to the bridge, and saw Flood run down—when she got about fifty yards from where I found the prosecutor, she slackened her pace, and came on—I stopped her when she had come about six yards farther, and took her back to where I found the prosecutor—he had two
coats on—I unbuttoned them, and perceived the chain of a watch hanging; the watch was gone—Bottom pointed out Smart, and said, "That is the man that rushed from there," pointing to the recess, "I am sure it was you"—he said, "How dare you say so," and Bottom then said, "Well, I don't think it was"—I then took the prosecutor and Flood to the station—I said, "Mr. Smart, it is just the turn you are likely to be guilty of"—(I knew him by name)—it is better for you at any rate to come down to the station—he came about halfway, and then I was told he went off—I saw no more of him—I have been looking for him ever since—I searched the bridge, and the wharf adjoining, which is in the direction which Flood came, and on the wharf I found this watch (produced)—it was going, the face was open; it was two hours afterwards.
Cross-examined by MR. METCALPB. Q. How far was it from where you found the prosecutor? A. Fifty yards—the prosecutor's guard had the appearance of having been broken.
Cross-examined by MR. BALLANTINE. Q. Was there a tall person at the station? A. There was—Bottom pointed him out as the person who interfered with him at the toll-bar—I did not hear Smart say, "Good night," before he went away—I looked back for him, and could not see him.
JAMES JENNINGS (policeman, A 316). I know Flood and Smart—I aaw them both at half-past twelve o'clock on 16th Jan. come down the right side of Hungerford-market, towards the bridge—they were talking to one another—when they got within ten yards of the toll-gate, I saw Smart leave Flood and go in advance till he got twelve or fourteen yards on to the bridge—he then made a stop till Flood came up, and they both went on together.
JAMES STUBBINS . I am toll-collector on the Middlesex-side of Hunger-ford-bridge. On this evening, about half-past twelve o'clock, as near as possible, I saw Smart come up, he paid and passed through, and immediately after Flood came, paid, and passed through—Jennings was standing opposite to me, and when Smart passed through I pointed to him, knowing him—no one passed through beside them for a minute or two before, or after.
JESSE CANNON (policeman, L 69). I was on duty on Hungerford-bridge, and saw both prisoners about three yards apart, almost on the Surrey-side of the bridge—they were seven or eight yards from the recess—I knew them, and had seen them together before.
GEORGE QUINNEAR (policeman, P 201). In consequence of information I took Smart into custody, on 29th Jan., I was on the lookout for him—I said, "Smart I want you on a charge of being concerned with Mary Ann Flood, now in custody, for assaulting and robbing a man on Hungerford Suspension-bridge on the morning of 16th"—he said, "I should like to know who it was that put you on to me"—he said he supposed it was Sergeant Goff—I said it was from information I had received—he said, "So help me God Almighty, I know nothing of it."
Cross-examined by MR. METCALFE. Q. Was the chain broken? A, I do not know whether it was cut or broken.
FLOOD— GUILTY Aged 19
SMART— GUILTY Aged 20
Transported for Ten Years.
Before Edward Bullock, Esq.
GUILTY Aged 26.— Transportd for Seven years.
WILLIAM HALLOWS . I live at Dockhead—the prisoner was a customer of mine. On 20th July, 1846, he brought me this Bill of Exchange for 25l.;—. he wanted me to cash it—I gave him cash and goods for it—I paid away the bill, it was returned, dishonoured—I went to the prisoner and told him—he gave me 7l., and afterwards 4l.—he said he would make up the remainder as soon as he could—he said I had no occasion to apply to Mr. Nokes, the acceptor—I afterwards applied to the prisoner for the rest.
Cross-examined by MR. PARRY. Q. He has been out on bail? A. I believe so—I have known him five or six years—I understood from him that Mr. Nokes was his father-in-law—I kept the bill back, because the prisoner had let his shop—I did not offer to take 5l. for the balance—I put it into my solicitor's hands, and he sued the father—I n-law for the money—after his father-in-law had been served with a copy of a writ, I discovered that he had nothing to do with it—I had before that sent a friend of his father-in-law, and he said, "You must look to Prime for it, I shall have nothing to do with it"—that is months ago.
JOHN NOKES . I keep the Green Man, at Plumstead. The prisoner is my son-in-law—the acceptance to this bill is not mine—I do not know whose writing it is—I did not know anything about it till it became due, which I believe was in 1846—I then told the parties I should have nothing to do with it—I gave no one authority to write my name to it.
Cross-examined. Q. You do not write so well as this? A. Not now—I cannot say whose writing it is—I believe it to be the prisoner's—he married my daughter eight or nine years ago—he never asked me to give him a bill, or spoke to me on the subject—he has not signed my name for me—I have not asked him to sign it—I do not know that he signed my name at my request to a petition to the Clothworkers' Company: he got me their address—I have not been told that if I said I authorized him to sign this bill for me I should be liable for the amount of it—I do not think I am liable—he had a few things of me, and has pawned or made away with them—I do not remember calling on him about the time this bill purports to be drawn, that he was in great distress, or that I said, "I had only got a few shillings about me"—my memory is not very bad—I never signed the bill—the prisoner did not ask me to let him draw a bill on me, and say he would get it discounted, and be sure to pay it—his wife did not say to me, "Father, John has got the bill discounted"—I do not know that he knows my writing—I should think he does—we have had very little connection.
NOT GUILTY .
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 32.— Confined Four Months.
me with the prisoner, and asked me whether he had purchased anything of me—I said, "No"—he then produced this painting, which I identified—I had seen it safe about an hour before.
GEORGE WADEY (policeman, P 335). The prisoner was pointed out to me in the street, carrying this picture—I asked him what he had got—he said a picture he had bought in the Walworth-road—I asked him to show me the shop, and he did—I asked Mr. Carle if he had sold it him—he said he had not.
GUILTY . Aged 21.— Transported for Seven Years.
RALPH FIELD THOMAS (Thames-policeman, 18). On 17th Jan., about half-past six o'clock in the evening, I was in a boat on the Thames, near Waterloobridge—I saw the prisoner and another man rowing in a boat towards the craft of Coles Child and others, coal-merchants—I knew the prisoner, and I asked him if he had seen a skiff—he said he had not—I described it, and said it belonged to Mr. Pugh—he said, "All right; if I see it I will tell you"—I then went to the other end of the tier of coal-barges, and saw the prisoner and the other man taking large pieces of coal out of the craft, and patting them into their boat—they rowed off—I pursued them—the prisoner got over the craft, and went towards Scotland-yard—I never lost sight of him—he was taken in Scotland-yard—I took him back to the boat, and found in it 840lbs. of coals, of the same sort as those in the barges.
JOHN WILLIAM SOMMERS RAE (Thames-policeman, 2), I saw two men running down towards Messrs. Coles Child's barges—my brother officer took another boat, and rowed alongside—he afterwards put me in possession of the boat in which these parties had been.
Prisoner. This man was not in the boat at all. Witness. Yes I was, at first
Prisoner's Defence. I went to try to get a barge to take across, and I heard a cry of "Stop thief?" this man took me, and said I was in the boat.
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Common Serjeant.
MESSRS. PARNELL and LAW conducted the Prosecution.
GEORGE MARVIN . I keep the Self-Defence beer-shop, Vauxhall-road. On 9th Jan. the prisoners came for a pot of ale—I took it to them; they had some words who should pay for it—Ryan paid me with a good shilling—I gave a sixpence in change—they afterwards called for another pot; for that I got a crown—I put it into my waistcoat-pocket—I afterwards discovered it was bad, and gave it to Jones.
CATHERINE NORMAN . My husband is a pork-butcher, of Vauxhall-road. On 20th Jan. Carney came and asked for half a pound of butter—he gave me a 5s.-piece—I told him it was bad—he said he took it in change for a sovereign, round the corner—my husband threw it on the counter—Carney took it up, and went out with it—my husband went after him—while he was gone, Ryan came in, and asked for half a pound of butter, he gave me a 5s.-piece, I said it was bad, and I thought I had had it before—I put it on a shelf behind—he tried to get it, and abused me very much—I gave it to my husband.
Ryan. I never was in the shop.
WILLIAM CHARLES NORMAN . Carney came into my shop—my wife gave me a crown—I said, "This is bad"—he said, "I got it in change of a sovereign at the public-house round the corner"—I went there, and in consequence of what I heard went to a house in Mos-sfields, to look for the prisoners—I knocked at the door, and inquired for them—they told me there was no one there—I went a little way from the house, waited some time, and saw the two prisoners come out—they ran different ways—I ran after Ryan, caught him, and asked him to come back to my house—he gave me a vulgar answer, and I took hold of him—he resisted, and pulled me off the wharf on to a barge of coals—while I was on the plank with him, I saw him put his right-hand in his pocket, take out a crown-piece, and try to chuck it in the river, but he did not—I called to Carman to take it up, which he did—he lent me assistance, and I took the prisoner to the station.
JOSEPH CARMAN . I saw Ryan struggling with Norman; he pulled him to a coal barge—Ryan took a 5s.-piece out of his pocket, and threw it on the gunwale of a barge—I took it, and took him to the station.
Witnesses for the Defence.
CHARLES TURNER . I sell second-hand clothes and shoes at Vauxhall-walk—Carney was a lodger of mine about six weeks—he had a good character. On Saturday, 20th Jan., there was a person came, and asked if I knew a man of the name of Carney—I did not, for I had not asked the man his name—I said, "I have a lodger in the two-pair, perhaps it is them"—I called, and his wife came down and called him—the man came to the bottom of the stairs—Norman was close behind him—he said to Carney, "You are not the man I want; I want a short, stout, dark man, rather pock-freckled"—Carney said, "Do you want anybody to do any work?"—he said, "No"—that was six o'clock—I went out and saw the policeman, and I heard this man go to him and say," That is not the man I want"—the man said, "Are you sure of that?"—Carney went up to his bed again, and about half-past twelve at night another man came, pretending to have a letter for Carney to go to work—he said, "I am in bed"—that was the time he was taken—there was not a sober man amongst them.
MARIA HALEY . My husband is a working man—these people went up-stairs, and were in the room a considerable time—two more men came—I came out of my own room, and heard a racket up-stairs—two men walked down—one said, "Can you prove that is the man?"—he said, "That is a serious thing to do; I believe he is the man"—he said, "Don't say believe at all, but that he is the man, and we will take him to the station-house."
CARNEY— GUILTY . Aged 27.
RYAN— GUILTY . Aged 40
Confined One Year.
NOT GUILTY .
GUILTY . Aged 22.— Confined Nine Months.
594. SAMUEL TURNER , stealing 1 pewter pot, value 1s. 2d.; the goods of Edward Wentworth: also, 1 pewter pot, 2s.; the goods of Henry Stevens: also, 1 pewter pot, 1s. 2d.; the goods of William Allen: also, 2 pewter pots, 2s. 4d.; the goods of Richard Reeks: to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
KEEN pleaded GUILTY . Aged 48. Confined Two Months
HIGGS pleaded GUILTY , Aged 27. Confined Two Months:
GUILTY . Aged 21.— Confined Three Months.
597. WILLIAM SEVIER, GEORGE SCULLARD, THOMAS RICHARDSON , and ANN GILLINS , feloniously breaking and entering the dwelling-house of Thomas Eastman Pryce, and stealing 2 pencil cases, and other articles, value 23s.; 24 pence, and 24 halfpence; his property.
MR. PARNELL conducted the Prosecution.
GEORGE HENRY FISHER . I was in the employ of Thomas Eastman Pryce, of York-terrace, Kent-road, in the parish of St. George the Martyr, Southwark. On 28th Nov. I saw the shop secure, all but the cellar-flap, which had not been secured while I was in his service—a person could have got down, it opened into the shop—there was then a door, which was fastened the night before, it was shut down in the morning, I did not observe whether it was fastened—I have no doubt the persons got in that way, and the street-door was open—I missed tobacco, two pots of marmalade, and about 4s. worth of coppers—Miss Pryce's desk was broken open, I had seen it safe the night before, and had seen in it cases similar to these, and some miniatures in it—Scullard had lived in Mr. Pryce's employ as a porter—he was there when I went on 14th Sept.
ELIZA PRYCB . I am the prosecutor's daughter. On 28th Nov. I left my desk locked—this miniature and these pencil-cases are mine—they con.tained hair pencils, one of them has the pencils in it now—they were in my desk that night
GEORGE WILD (policeman, M 94). I found these two peucil cases at Sevier's lodging, 13, Martin-street, Southwark, on the mantel-piece, in the back-room—he and Gillins lived in that room together—Gillins was the only person there, when I entered—Scullard and Logan came in some time afterwards, we took them—Sevier was in custody before.
ABRAHAM POULDEN . I am landlord of the house, 13, Martin-street—Sevier and Gillins lived there together—they commenced from 8th Dec—I had seen Scullard there two or three times—I cannot swear to the dates.
where he lives—I opened, with one of these keys, a box, in a room where his parents live; I found in it this miniature—he said he bought it of a boy, whom he did not know, for 6d.
RICHARD DAVIS (policeman, P 65). On 21st Jan. I showed this miniature to Richardson, asked how he came by it, and said I charged him, with others who were in custody, for breaking into Mr. Pryce's shop, and stealing the miniature and other articles—he said he bought it of a boy in East-lane, and gave him 6d. for it, and he did not know who the boy was; that he talked like a country boy—in going to the station, he said he had had it six months—I am quite sure of that.
Richardson, I did not say so. Witness. Those were the words you used.
Setter. These cases had only been in my room three or four days before they were taken; they were brought by one or the other of them.
Sevier's Defence. At the time this robbery was done, I was very ill for three weeks, and was not outside the door; these parties came when they like; I did not know it.
Scullard's Defence. I was at home on the night of the robbery.
SEVIER— GUILTY of Receiving. Aged 26.
SCULLARD— GUILTY of Stealing. Aged 17.
RICHARDSON— GUILTY of Stealing. Aged 17.— Transported for Seven years
GILLINS— NOT GUILTY .
598. WILLIAM SEVIER, GEORGE SCULLARD , and ANN GILLINS , were again indicted, with SAMUEL LOGAN , for breaking and entering the dwelling of Thomas Eastman Pryce, at Camberwell, and stealing 11 shirts, and other articles, value 7l.; his property: and 1 shawl, 1s.; the goods of Eliza Ongley: to which
SCULLARD pleaded GUILTY . Aged 17.— Transported for Ten Years.
MR. PARNELL conducted the Prosecution.
ELIZA PRYCE . I live with my father, Thomas Eastman Pryce, of Old Kent-road, in the parish of Camberwell. On the night of 16th Dec. my father's house was broken open—on the morning of the 17th I missed a basket of clothes from the back kitchen—the sheets, and other things produced, are my father's.
ELIZA ONGLEY . I am in the service of Mr. Pryce. On the night of 16th Dec, when I went to bed, I left the house all fast—when I came down next morning I found the back window open and Miss Pryce's desk broken open—I missed two baskets of linen out of the front kitchen, I had seen them safe the night before—I missed a silver mustard-spoon and my own shawl, some boots, and some table-linen off a horse in the kitchen—I examined a gate at the bottom of the garden, and it was broken—there were iron bars outside the window, and they were wrenched out.
THOMAS HOGG . I am assistant to a pawnbroker, at Lambeth. I produce a table-cloth and shirt pawned by Scullard in the name of John Farmer; also three shirts pawned on 18th Dec. in the name of Smith, I cannot say by whom; and a table-cloth, pawned on 26th Dec by the female prisoner, in the name of Ann Gillins—I have another parcel, pawned by her, which has not been identified.
HENRY WINCH . I am assistant to a pawnbroker in St. George's Circus. I have three bedgowns pawned by a female on 18th Dec. in the name of Ann Davis, I cannot say by whom—I have a shift and table-cover, pawned on 27th Dec. in the name of John Davis, by Scullard.
JAMES BURTON (policeman, M 272.) I searched Sevier's room, and found the two duplicates relating to the shift and table-cover, and the three bedgowns in the table-drawer—Scullard and Logan lodged there—Sevier said he gave them shelter a short time—I found this sheet amongst the other bed-clothes in Sevier's room—these two pillow-cases, with the name of Pryce marked on them, and a handkerchief, were found in a box in the room which was not locked—Gillins was not there when we found these things—she was there in the morning—we brought her out, and then went back and searched the room.
GEORGE WILD (policeman, M 94.) I went on 30th Dec. to Sevier's—I found four duplicates; one in the name of Ann Gillins for A table-cloth, and one in the name of Ann Smith—I found two night-shirts—Gillins said they were all her own things; I need not trouble to take them out of the box—I got this shawl from Gillins's back in Horsemonger-lane gaol.
Gillins's Defence. I did not say the things were mine; I said I did not know anything about the things; I pawned the table-cloth, but did not know it was stolen; the shawl was given me; the other things were left, I do not know by whom.
Sevier's Defence. Receiving the things I allow, but there were no things brought to my place till about 19th Dec.
----LOGAN. I am the mother of Logan. This shirt I have hadgiven me by a lady who has been in the habit of supplying me with clothes for my children—I have five children, and am living apart from my husband, who has starved us and ill-used us—this shirt is not Miss Pryce's, unless my son has changed it since he has been in prison—the shirt was marked with a "W," but the mark was picked out by myself.
SEVIER— GUILTY of receiving.— Transported for Ten Years;
GILLINS— GUILTY of receiving .— Confined Six Months . LOGAN— NOT GUILTY .
GUILTY . Aged 17.— Confined Three Month.
600. CHARLES CHAMPION and WILLIAM BURROWS , stealing 2 quarts of milk, value 9d.; the goods of James Craker Reeves, the master of Champion.—2d COUNT: charging Burrows with feloniously receiving the same.
MR. PAYNE conducted the Prosecution.
JAMES CRAKER REEVES . I am a cow-keeper and milkman of Wandsworth-road. Champion was in my service about two months—it was part of his duty to carry out milk—he carried out seventeen quarts on Friday, 12th Jan.—he measured it out in my presence—I directed Hodges to follow him—he came back to me before Champion did, and from what he laid I afterwards asked Champion to give an account of what he had done with the milk—I did not then know anything about what had been made over to Burrows—I have been given to understand that Burrows is a cow-keeper and milkman—I had forbidden Champion to serve any dealers with milk—on that day there were nine quarts of milk deficient—Champion did not say anything about having let Burrows have any—it was his duty to give the names of the
customers to whom he had sold milk that day—he did not give me the name of Burrows.
Cross-examined by MR. BALLANTINE. Q. How Jong have you been in the trade? A, About two months—I do not know how long Champion has been in the trade—I bought a walk which Champion had been on, and I took him with the walk—he used to account to me when I had leisure and called him—I know nothing of Burrows, I have seen him—I do not know that when milkmen are short of milk they borrow of one another.
MICHAEL HODGES . On 12th Jan. I followed Champion—I saw him serve milk to several customers—he came to the Priory Arms, in Priory-road, and went into the house—Burrows came in his cart about ten minutes afterwards, and he went in—there were four or five other milkmen there—Champion and Burrows came out together, they put their cans into Burrows' cart, and rode to the Stag public-house—Burrows went in there, and came out and put his can down outside; Champion put his can down by the side of it—he then opened the lids of both cans, and put nine half-pint measures of milk out of his own can into Burrows' can—Burrows stood at the door, he saw the first three or four pots put in; I do not think he saw all—I then saw Champion and Burrows drinking in the public-house—they came out, and Burrows took up the can that the milk had been put into, and Champion took away the other—on that evening I went with the prosecutor's brother to Burrows' house—the brother said, "My name is Reeves, from Wandsworth-road; I want to know how much milk you took from my brother's man this morning"—he said, "I took a pot" (that is two quarts) "I was to give him 6d. for it, but had not change for half-a-crown"—he said, "Were there any of your customers he served"—he said, "Yes, Dr. Hare a pennyworth; that makes 7d. I owe him; I shall pay him to-morrow morning"—he said, "I had a pot of him last week; I shall pay him for that"—the other said, "My brother has given him in charge; he has not accounted for his milk"—Burrows said, "Well, if he has not accounted for his milk, it is very proper that he should be punished; any information that I can give I shall with pleasure"—I heard him say the next day that this man had borrowed some milk of him, and he was paying him back again.
Cross-examined. Q. This last was not a conversation with you at all? A. No; with another milkman whom I had seen about the Wandsworth-road with cans—I did not hear the beginning of the conversation, they were going into Court—this other man said, "Mr. Burrows, what is the matter about this milk at Vauxhall?"—Burrows said, "The man had borrowed some milk of me and was paying me back again"—I just stood to listen—there was a crowd—I am clerk to an iron-merchant.
JOHN MAY (policeman, V 281) I took Champion—I asked what account he could give for being short nine quarts out of seventeen—he said he could not account for it, unless the measures were too large, and he had given the customers too much—next morning I took Burrows—I asked him if he had had any milk of Champion—he said yes, two quarts, which the man had borrowed of him before, and he paid it back—I asked him if it was usual in the trade to borrow from one another—he said it was.
Cross-examined. Q. Do you know Burrows? A. Yes, perfectly well for about five years—I never heard anything against him—he has ten or twelve cows—I am in the habit of seeing him daily.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JAMES CRAKER REEVES . The prisoner was in my employ. On 12th Jan. I sent him out with milk—I saw him measure out seventeen quarts in my presence—they were measured by the ordinary measures—I employed Hodges to follow him—when the prisoner came back I asked him to account for the milk—he did not account for nine quarts; he did not say how they came deficient—he said he did not know bow to account for it, unless the measures were too large—they were not; there could not be a deficiency of nine quarts from that.
Prisoner. I only took out fourteen and a half. Witness, That is not true.
CHARLOTTE PHILLIPS . I am in the service of Dr. Hare, Upper Portland-place, Wands-worth-road—Mr. Burrows serves the family with milk—the prisoner came and served occasionally—Mr. Burrows received the money.
EMMA WARD . I am in the service of Mr. Elder, of Priory-road, Wands-worth—Mr. Burrows served the family with milk—the prisoner used to come, and said he came for Mr. Burrows—the day the prisoner was taken into custody was the last morning he had served me—he continued to serve me till that morning.
MICHAEL HODGES . I followed the prisoner on the morning of the 12th Jan.—after he had emptied the milk into Burrows' can I saw him go to two places—he bad served Dr. Hare's before I saw him—the other two places I believe were Mr. Burrows's customers.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
WRIGHT pleaded GUILTY .
CARTER pleaded GUILTY .
Confined Six Months.
FREDERICK MAXIMILIAN BOLLINGER . On 27th Jan., about twelve o'clock at night, I met a woman—I went with her to a house, I do not know where it was, and went to bed—Carter followed me there and she left—I was awoke by Davis and Wright breaking the door open—Davis attacked me—he knocked me down, and kicked me and beat me—after that I missed my purse, which had been in my trowsers pocket—it contained a sovereign and a little silver—I had seen Davis in a public-house before, but I never spoke to him—Wright did nothing when she came in the room—when Davis came in the candle was blown out, and I was knocked down—I had seen my money safe immediately before I went to the house—Carter was in the cab when I went with the other woman, and when I paid for the cab my money was safe.
ROBERT SMITH (policeman, L 136). I heard cries, and went up stairs to this house—I saw this purse lying on the stairs—I desired them to open the door; they refused—after it was opened I saw Davis by the bedside, and Wright in front of him with her dress out to hide him—I saw Carter in the room—the prosecutor was very much ill-used, and was bleeding about the knees—Davis had been drinking, but was not drunk.
Davis's Defence. I am quite innocent; the prosecutor struck me.
FREDERICK MAXIMILIAN BOLLINGER re-examined. I was in bed, Davis came and knocked, and when I opened the door he came in—I was surprised to see him—he said, "What are you doing here?" and immediately got hold of me—I was only in my shirt, and he got hold of me and knocked me down—I did no harm to him.
DAVIS— GUILTY .— Confined One Year.
Before Mr. Recorder.
GUILTY . Aged 19.— Confined Three Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
EDWARD KENDALL (police-sergeant, A 30). I received two of these letters (looking at them) from Miss Ward—I am acquainted with the prisoner's writing—I have seen it on a great many occasions—I believe these four letters are all his writing.
JAMES NEWINS BARTINGTON . I am schoolmaster at the Surrey County Gaol—I know the prisoner, and am perfectly acquainted with his writing—I hare seen him write—these letters, No. 1, 2, 3, and 4, are all bis writing, to the best of my belief.
THOMAS BOWIE . I was a compositor, in the same employ as the prisoner, in Bartlett's-buildings, Holborn. On 21st Dec. I saw him write a letter—on the cover of this letter, No. 4, is the impression of a seal which I lent him on that day—I have the seal here—I lent him some black sealing-wax—this letter is sealed with black.
MARTHA WARD . I am single—I now reside in Grosvenor-place, Camberwell—I keep a ladies school—I formerly kept a school at 22, Trinity-square, Trinity-street, Borough—I had in my school there sometime ago a pupil named Elizabeth Spriggs—when she first came she was five years old, and when she left she was about nine or ten—she left me about three years ago—she is now about thirteen or fourteen—while she was at my school I saw the prisoner at my house once—I received a good many letters, and I complained to the police—the prisoner was at last given into custody—I was not here when he was tried before—the family now residing at Trinity-square is named Ellison—on 16th Nov. I received this letter, No. 1, by post, it is addressed to me at 22, Trinity-square, and was forwarded from there to my present residence—on 4th Dec. I received this letter, No. 2, it came in a similar way, it is dated the 4th, and I got it the next day—I communicated with the police—Sergeant Kendall was called in—he showed me these letters, Nos. 3 and 4, at the same time—that was in Jan.—I have a good many letters of the same kind—I am well acquainted with the prisoner's writing—in my judgment and belief the whole of these four letters are his—I am not aware of any motive, or reason, he might be supposed to have for addressing letters of this kind to me—I do not know him—I gave him into custody on one occasion.
MARIA GILES . I am servant to Mrs. Ellison, of 22, Trinity-square—I went into her service on 13th Dec.—I picked up this letter, No. 3, in the area soon after I went there—a short time afterwards I saw this other letter, No. 4, in the area—I gave them both to Mrs. Ellison—I marked No. 4—here is the mark on it.
Cross-examined by MR. PARRY. Q. Can you read well enough to read these letters? A. No—I can read the directions—I cannot read this top word at the corner—this is not my router's address—this is directed to Miss Ward.
EDWARD KENDALL re-examined. On Sunday evening, 31st Dec., I went to 22, Trinity-square—there were two officers waiting there—I knew the prisoner—I saw him in Trinity-square that evening about ten minutes past eight, when I first went, standing against the lamp-post opposite Mrs. Ellison's door, No. 22, on the same pavement with the door—I watched him till about twenty minutes past nine—he did not remain there all the time—I lost sight of him for seven or ten minutes—he went down the side street, and then returned—about twenty minutes past nine I saw three ladies and a gentleman coming from the direction of the Borough—I had seen the ladies in the house—I knew they were gone to Surrey Chapel; I had made an arrangement with them—I had never seen the gentleman before—I think two ladies walked first, and then the gentleman and a lady—I stopped them, and told them the prisoner was opposite their door—they were alarmed—I asked them to allow an officer in plain clothes to walk with them; he did so, and I stopped at the corner of the square—soon after that I heard my name called—I went over, and saw Burton had hold of the prisoner by both his wrists, and Wild the other officer had a carving knife in his hand, which he said he had taken from the prisoner's trowsers pocket—the prisoner was kicking, and struggling with Wild and Burton—I was known to him, and told him to be quiet—in Aug., 1847, Miss Ward gave him into custody for going to the house.
Cross-examined. Q. Had you been watching more than that day? A. No—what is contained in the letter, dated 21st of Dec. induced me to go—he was not imprisoned for the offence before—he was under bail for sending poison in a letter to Miss Clouter—there are two Miss Spriggs—one of them I believe is about fourteen—the prisoner knew her very well, because his sister went to school with her—they lived right opposite him in the street—her mother kept a ehandler's shop—the prisoner's father is dead—his mother keeps a wardrobe shop, and cleans bonnets—the prisoner lived with her, and is a compositor—I found in his possession the first time he was apprehended a great many of Lloyd's publications; I have not read them, I have seen them in shop windows—he was first taken on 1st Oct., 1845—he was tried here on 25th Feb., 1846, and imprisoned till Feb., 1847—he was again tried here on 23d Aug., 1847, and imprisoned twelve months and whipped—I have been to his house since he has been arrested—I saw his mother—I did not make any search—I believe he is about twenty years old—he commenced this conduct in 1845—he expressed a strong romantic affection for Miss Spriggs—she is only fourteen—I believe since 1845, he has written about seventy letters of this description—about forty of them have come into my possession, directed to different persons—he has enclosed poison in some—it has been ascertained to be so—I do not know that he ever enclosed anything to represent poison.
MR. BODKIN. Q. When were you first directed to attend to this matter? A. Either on 29th or 30th Aug., 1845—he was brought here in Nov., 1845, for sending a letter—he was acquitted on the first case—he was tried here in Feb., 1846, for attempting to administer oxalic acid to Elizabeth Clouter—he was convicted and had twelve months—he was tried in Aug., 1847, for sending a letter threatening to kill Elizabeth Spriggs—he then had one year's imprisonment, and was whipped.
JAMES BURTON (policeman, M 27). On the night of 31st Dec, I went to Trinity-square, about a quarter before nine o'clock, and saw the prisoner near No. 22—at a quarter or twenty minutes past nine, I walked up with the ladies from the comer of the square to No. 22—I saw the prisoner in front of the step—he looked very hard at the lady nearest to me—(I was between the lady and him)—he then put his hand to his breast—I caught him immediately by each wrist—I said, "What have you got there"—he said, "I will show you"—he did not quietly produce anything—he struggled very much—we were obliged to throw him down—he seemed greatly excited.
GEORGE WILD (policeman, M 94). I came up to Burton in Trinity-square, at the time the ladies came up to the door of the house—he had hold of the prisoner—I found this knife, with the handle in his right-hand trowsers pocket, and the blade right up under his waistcoat—he had not his hand on the handle—the officer had hold of his two hands—I waa standing near the railway before the ladies arrived—I think the prisoner could not easily have got the handle of the knife by potting his hand in his breast.
Cross-examined. Q. Had he a great coat on? A. I do not think he had—a button or two of his coat was unbuttoned at the bottom—the handle of the knife was not sticking out; it was in his trowsers pocket, entirely concealed—I did not know what he had got—I felt outside his coat first.
MR. PARRT to THOMAS BOWIE. Q. Are you a fellow-workman of the prisoner? A. Yes; I have not seen him read the compositions of Lloyd—I heard him lay he had read Richard M'Carty—I have not seen him read those publications—I was very frequently in the habit of associating with him—I never went to his house; he is a tolerably good workman, quite equal to myself.
The following Letters addressed to Miss Ward, 22, Trinity-square, Borough, were here read:—[No. 1.] "London, Nov. 15, 1848. Madamoiselle,—Had it not been for you I should not have had to undergo so much aa I have. When you walk out, you no doubt feel quite conscious of your own safety; but, in one of those walks, you may see that which will make you start back with affright. I do not intend wasting my time in making use of a lot of vain and foolish words, but merely to write that which will be to the purpose. A party formerly boarded at your establishment, but who having now left you, for certain reasons, which you are aware of, and who has, as yet, eluded my grasp, and who has gone, I know not where. However, you may rest assured, that you will not be able to follow in her ways. You have very deeply embittered my days, and I should have a mean spirit indeed, were I not to resent such conduct from you. In my own opinion, I have done nothing but what is quite right in thus writing to you." [No. 2.] "London, Dec. 4, 1848. Miss Ward,—Fearing that my last letter was never received by you, I have again written, and if I see this one safely delivered, why it is not my intention to write to you any more. I should not have had occasion to write to you now, only I find that when you walk abroad you are accompanied by a gentleman, besides other of your friends. It was my intention to have come to your house to see you one night last week; and, indeed, I was about to demand admittance, when I suddenly thought of something, and I found that I was right in my own thoughts, for you had got a gentleman with you. However, rest assured, that the time will come when I shall meet you by myself, and then I shall send you to your last home; in fact, I shall never rest satisfied until such times that I have fulfilled what I have said respecting of you. My reasons you are perfectly aware of. Yours truly." No. 3.] "London, Dec. 19, 1848.
MISS WARD,—I hope you will excuse the liberty I hare taken in thus writing to you; but, however, when you have read my letter, you can throw it aside, and treat its contents with scorn; but, mark me, there is but two ways to act, and either one or the other you shall (yes, shall,) conform to. The first is, that I want you to give me the address of Miss Elizabeth Spriggs, who I am confident you know the address of, owing to some little difficulties which they could not prevent that is, owing you some money. In the second place, mind you, if you refuse to give me the address (why), I shall only have one course to pursue; and remember, that when once I have begun my work, I 'will not stop until I have seen you deprived of every comfort that this life can afford; I will send some of the most horrible letters that the human mind can possibly frame, to the higher class of society, all of which shall have your name signed to them. I will also send some powder to different parties, which will cause instant death, thy name being signed to the letters which shall contain this deadly powder; and, in fact, thy name and address shall be coupled with such horrid things that they will eventually believe you are the party. After I have done all this, then, remember, I will make you tell me what I am anxious to know. However, you have it in your power, and you may prevent all this by merely sending me the address of that girl. What is my reason, perhaps you may ask, for my going on in this manner. I will tell you—you refused to let me see her once, when I came to you. In conclusion, I tell you you shall tell me the address of Elizabeth Spriggs, or I will hunt you to the very death; so now take heed, and remember what I have said. Yours truly."[No. 4.] "London, Dec. 21, 1849. Miss Ward,—I am utterly amazed to think that you do not give me the address I asked you for, viz., that of Miss Elizabeth Spriggs; and you mast also be perfectly aware that you art acting a very foolish part; in fact, it is but little short of madness to go on in the manner that you are. Now, young lady, let me beg, nay, intreat of you, not to refuse me what I have asked of you; for you will not be doing yourself any harm. In conclusion I must tell you, that I shall expect an answer between this and next Sunday week, 31st Dec.; and mind you, if you refuse to send me one, why I shall be under the painful necessity of stopping you in the public street. I beg you not to misunderstand my meaning, nor be deceived as to how I shall act. I can be patient a little while, but not too long. Yours truly. (Private.)"
MR. PARRY to MISS WARD. Q. You had received letters before from the prisoner? A. Yes; they were relating to Miss Spriggs—her parents kept an Italian-warehouse—I never saw the prisoner; I never charged him with sending a threatening letter to me—I gave him into custody on one occasion; I cannot tell when; it was on the first occasion, on which he was tried and acquitted; that was because he came to my house, and insisted on seeing that child—I gave evidence before the Magistrate.
COURT. Q. Do you know, of your own knowledge, what became of the case? A. No; it was left entirely to my friends—Elizabeth Spriggs had left my place in 1845; she was then a mere child, between nine and ten years old—neither she nor her family know anything of the prisoner, as I am given to understand—I asked the question if they knew him in any way, and they said, "No"—the prisoner's sister came to my school—I did not know it at that time.
MR. PARRY to EDWARD KENDALL. Q. Do you remember this lady giving the prisoner into custody? A. Yes—it was for coming and annoying her; it was on the night before the second trial—he was taken to Southwark
police-court, and he was brought here and tried in Feb., 1846, for that threatening letter—he was out on bail, and while he was out he went to see this child—he wrote two letters before going—Miss Ward never gave him in charge for sending a letter, but for coming to her house and annoying her.
GUILTY. Aged 20.—Recommended to mercy by the Jury, believing him to be of weak mind, but not insane.— Judgment Respited.
Before Mr. Common Serjeant.
MR. CLARKSON conducted the Prosecution.
THOMAS FRANCIS GILES . I am a fly-master, at Richmond. I have been in the habit of supplying to Mr. Briggs's family with flys from time to time—I supplied flys to Mrs. Briggs from Dec., 1846, to Feb., 1847—there was a bill outstanding due to me for these flys—this "Received, T. F. Giles," on this bill (looking at one) is not my writing—I never authorised the prisoner to give a receipt for 4l. 13s. 6d. in my name—I never knew that he had done so.
CAMILLA BRIGGS . I am the wife of Samuel Briggs, he now lives at East Sheen. In 1846 and 1847 we resided at Richmond—the prisoner was in Mr. Briggs' service—I was in the habit of being accommodated with flys of Mr. Giles—the prisoner was the person through whom I ordered them—this bill (looking at it) for 4l. 13s. 6d. was brought to me by the prisoner, as a bill he had paid to Mr. Giles, and I accordingly paid the prisoner the money—the bill was brought to me receipted in this way, "Feb. 14, Received J. T. Giles."
Prisoner. Q. What was your wish when I went to your establishment respecting paying bills, was it not to keep a book, and to enter in that book such bills as I paid to your tradesmen? A. Yes; your book was very irregularly kept—I wished it brought to me once a week.
Prisoner. This bill is not in my hand writing; I paid bills to different people.
JAMES FINLAYSON , (police-sergeant, V 13). I apprehended the prisoner—I told him what he was taken for—he said whatever punishment he received, let it be whatever it might, would not be adequate to the offence he had committed against Mr. Briggs.
GUILTY . Aged 34.— Transported for Seven Years. (There were four other indictments against the prisoner).
MR. PRENDERGAST conducted the Prosecution,
JAMES MARKS . I am a lighterman. On 23d Jan. the barge Mary Ann was in my charge, laying off Horselydown-stairs—I quitted her about two o'clock that day—she had 184 quarters and 7 bushels of oats on board; some were in sacks and some in bulk—there were 100 sacks marked "Whitchurch," and 20 "Muggeridge"—I returned to the stairs about a quarter before nine in the evening—I saw Nobes, and had some conversation with him about the tide—I went away again, leaving all safe, and returned in about an hour—the tarpaulin was then removed at the corner, and three sacks of oats wert gone; two marked "Muggeridge," and one" Whitchurch."
Cross-examined by MR. PAYNE. Q. It was about tiro o'clock in the day when you left them, and it was about ten when you missed them? A. Yes.
THOMAS EASTOM . I am a lighterman. On 23d Jan., about nine o'clock at night, I went to Horselydown-stairs—I saw Dean at the top of the stain leading to the Irongates, and Nobes was on the shore; I had tome talk with him, he is a waterman—I am quite sure they are the two persons.
JOHN JOB PARKER . I am night watchman at Mr. Hartley's wharf, at Horselydown. About twenty-three minutes past nine o'clock that night I saw Dean come to the corner of our warehouse, in a direction from Horselydown-stairs, going in the direction of the main street—he had a sack which appeared to have grain of some kind in it—I was standing on my duty—I afterwards saw Nobes go by with a sack—he was coming in the same direction, and was about twenty-five yards from the stairs, in the road which leads from the stairs to the street—I looked more particularly at Nobes' sack than at the other—I saw a red mark on it, but could not see what it was.
Cross-examined. Q. Where is Mr. Hartley's wharf that you are watchman of? A. It joins the stairs—I was in front of the premises, between my master's house and the wharf, outside the wharf gates—the end of our ware-house joins the stairs—the men passed about nine or ten feet from me—I did not speak to them—I had not a lantern.
WILLIAM THOMAS BRIDGES (Thames police-inspector) I apprehended Nobes at a public-house at Horselydown—I told him it was on suspicion of stealing three sacks of oats from a barge—he said he knew nothing about them—I asked if he had been at Horselydown-stairs on that Tuesday night—he said no, he had been carrying mangel-wurzel, and after that had a fare, and he was not on the stairs after four o'clock in the afternoon—I asked whether he had not been there in the evening, I had told him I took bim on suspicion of stealing three sacks of oats, and I cautioned him—he said he had not been there—he then said, "I recollect I went down at nine o'clock to get my sculls, and I saw Easton there"—I found on him a small sample-bag with some oats in it—I said, "Here are some oats here"—he said they were not the oats I was looking after—I took Dean the same night—I told him it was on suspicion of stealing some sacks of oats—he said be knew nothing about it—I cautioned him—I asked him if he had been carrying any oats that night—he said he had not—I asked if he had seen Nobes that night—he said, "No"—I said, "If any man will swear he saw you carrying oats it would be wrong"—he said, "Yea; he would swear to a d—d lie."
(Dean received a good character).
NOBES— GUILTY . Aged 27.
DEAN— GUILTY . Aged 41.
Confined Four Months.
GUILTY .— Confined Three Months.
MR. PLUMTREE conducted the Prosecution.
JOHN SPENCER . I met the prisoner in Southwark-bridge-road—he called after me "Jack Long"—I ran and caught him in Union-street—we had a scuffle—I said I would make him kiss the ground, threw him down, and forced his head down for that purpose—he took out a knife, opened it, and said, "Now, you b—r, if you touch me again, I will spike you"—I caught hold of him to take it away—he made a blow, and ran off as hard as he could—I had my arm bound up, and was taken to the hospital.
Prisoner. I am very sorry I did it.
GUILTY .—Recommended to mercy.— Confined Two Weeks; the Last Week Solitary.
Before Edward Bullock, Esq.
NOT GUILTY .
ADJOURNED TO MONDAY, FEBRUARY 26 TH, 1849.