CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD FEBRUARY 26TH, 1849.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 26th, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE , LORD MAYOR of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir Cresswell Cress well, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir John Key, Bart; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; Sir William Magnay, Bart.; Michael Gibbs, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: Thomas Farncomb, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; Francis Graham Moon, Esq.; William Lawrence, Esq.; and Walter Carden, 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. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 26th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREBROTHER; Mr. Ald. GIBBS; Mr. Ald. HOOPER; and MR. RECORDER
Before Mr. Recorder and the First Jury.
( There was another indictment against the prisoner for a conspiracy, upon which no evidence was offered. )
THOMAS FOX (Thames-police-inspector). On 22d Nov., about a quarter-past one o'clock in the night, I was in a police-galley, off Bermondsey, and heard a cry of "Police!"—I rowed to White's coal-wharf, and heard a scuffling among the barges, and a boat rowing in—I jumped into a barge, and Simmons, one of my men, caught hold of the prisoner; I secured another man, and several others got away—Simmons called out, "He has got an iron bolt"—I went up, and the prisoner struck me several times over the head with this life-preserver (produced) it is loaded with lead, and was fastened round his wrist—I became insensible—I was very much bruised about the temple—I could not get my mouth open for several days.
Cross-examined by MR. PAYNE Q. Had either of you a sword? A. I had a cutlass in my hand—the prisoner's nose was cut; I believe Simmons did that, when the prisoner was wrestling with us, when he was down—after I was struck. Simmons asked me for my cutlass—we were taking him for being on board of the schooner—he has been in prison for that three months last Wednesday—he did not bleed much.
WILLIAM SIMMONS (Thames-policeman, 69). I was with Fox—I went on board the schooner—the prisoner laid hold of me, and hit me a tremendous blow on the side of the head with a life-preserver, and said, "You be murdered this night!"—I called out for Fox; he came up, and the prisoner beat him about the head—we kept him down—a man named Ray came to our assistance—I was a good deal bruised, and was laid up two or three days.
Cross-examined. Q. Was not it when you went to lay hold of him that he struck you? A. Yes; his nose was cut when he was on the top of me—I do not know whether Fox gave me his cutlass, or whether it was knocked out of his hand—the prisoner's nose was cut, and so were my hands—he did not bleed much that I saw.
GUILTY Aged 22.— Confined Fifteen Months.
(The prisoner had been ten times in custody.)
613. BRIDGET RYAN , stealing 3 coats, 3 waistcoats, 2 blankets, and other articles, value 16l.; and 5l. in silver; the goods of Benjamin Gardner, in his dwelling-house. MR. HORRY conducted the Prosecution.
BENJAMIN GARDNER I am a butcher, and life at 4, Caledonian-terrace, in the parish of St. Mary, Islington. On 26th Jan., about half-past ten o'clock, 1 went up-stairs, and found my drawers and boxes had beeen broken open—I missed all my wearing apparel, and 5l. in silver; 3s. 2d. was picked up on the carpet—I sent for a constable, who got over the roof, into the next house—as he did so I saw the prisoner run out into the yard and go into a hovel—the policeman went in and brought her out—I went into the attic of the empty house, and found my carpet bag crammed full of my clothes; two of ray coats were there; one new one is still missing—I saw the key of the bag at the station—a bonnet and shoes were on the bag—the prisoner said they were hers—she had none on.
WILLIAM HARRISS (policeman, N 112). I was called, and got in at the office-window of an unoccupied house next door, and heard a scuffling on the stairs; I went to the second-floor, and found two bundles, a bonnet, and this carpet bag, locked, full of things—I found the prisoner in a shed in the yard, without bonnet or shoes—I asked where her shoes and bonnet were; she said, "Up-stairs"—I left her with another constable, and brought down the bonnet and shoes; she said they were hers—I asked her where the rest of the property was; she said that was all she had taken—I asked who had assisted her; she said nobody but herself—I found the key of the bag in her pocket.
Prisoner's Defence. I met a man, who gave me two glasses of gin, and took me to the house, and the bundles were there; he said the boy left the house-door open for him to go in, on condition that he should give him half what he took; he told me to put the key in my pocket.
GUILTY Aged 18.— Confined Eighteen Months.
NEW COURT.—Monday, February 26th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. Ald MUSGROVE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
(The prosecutor did not appear.)
615. WILLIAM PAVEY HEBDITCH , burglariously breaking and entering the dwelling-house of James Shoolbred and others, and stealing 30 sovereigns, 14 half-sovereigns, 16 half-crowns, 60 shillings, 40 sixpences, and 1 10l.-Bank-note, their property; having been before convicted: to which he pleaded
GUILTY . Aged 26.— Transported for Ten Years.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 16.— Confined One Month.
GUILTY . Aged 43.— Confined Twelve Months.
HESSEY pleaded GUILTY
WILLIAM HENRY SAUNDERS . I have charge of the Rectory-house at Ealing—there are some fields between it and the Church—it has not been occupied for the last twelve months. On 10th Feb. I received information and missed a quantity of lead from the roofs of the buildings, which form part of the Rectory—I had seen it safe a week or two before—I saw a quantity of lead at the Ealing-station—I did not see it compared with the roofs—the house is the property of the Rev. Thomas Jennings Bramley, Thomas Smith, and Maria Taylor.
THOMAS WHITLY . I live in Church-lane, Ealing. On Thursday, 10th Feb., I was in Bayley's-walk, a little before ten o'clock in the morning, and saw Reynolds, Rook, and Brewer, in a field belonging to the Rectory-house, about 200 yards from it, each with a piece of lead—they went to a hedge, saw me, and dropped the lead in a ditch—I went towards them, and saw Hessey in the Lane, about eight yards from them, with a donkey cart—he drove off fast; I followed him, the others ran away—I came up to the cart—there was nothing in it—I went back to the ditch, and saw some lead, and a sack.
ELIZA OAKLEY. I am the wife of Joseph Oakley, of Guy's-lane, Ealing. On 8th Feb., a little before ten o'clock, I saw Hessey, Rook, and Brewer, and another boy, go with a donkey-cart to a field adjoining the path leading to the Rectory; and on the Saturday, 3d Feb., I had seen Rook, Brewer, and Hessey—Rook brought something heavy in a bag on his shoulder—put it in the donkey-cart, and sat down by it—Hessey got into the cart and drove it away.
THOMAS TULL . (policeman, G 22). Rook was brought to me by his mother—I told him the charge—he made no reply—I produce some lead which I received from Mowe, a marine-store-dealer, at Brentford—I cut this piece of lead from the top of the Rectory—it corresponds with this other.
Feb., I bought some lead of two boys, who gave the names of Hessey and Stevens—it was neither of the prisoners—I gave the lead to Tull—I believe this is it.
BREWER, REYNOLDS, and ROOK— NOT GUILTY
620. PETER HESSEY, THOMAS BREWER, CHARLES REYNOLDS , and JAMES ROOK , were again indicted for stealing 275 lbs. weight of lead, value 1l.10s.; the goods of Thomas Jennings Bramley and others, fixed to a building; to which
HESSEY pleaded GUILTY Aged 16.— Transported for Seven Years.
ELIZA OAKLEY I am the wife of Joseph Oakley. On 8th Feb., a little before ten o'clock in the morning, I saw Hessey, Brewer, Rook, and another, drive to the stile, which leads to the field, where there is a path to the Rectory-house—they went across the field, and I saw them no more—Hessey left the donkey and cart near the stile and walked about the road—shortly afterwards I saw Mr. Whitly in the field—Hessey got on the stile, called out, "Come on" and drove the cart away.
THOMAS WHITLY . I was in the field, and saw Reynolds, Brewer, and Rook—I knew them all from their childhood—they were carrying lead—when they saw me they threw it in a ditch—I was about fifty yards from them—I went to the stile and saw Hessey drive his cart away—I pursued him—he had nothing in his cart—I went back to the ditch, and found in it these four pieces of lead, and a sack—I marked them; these are them.
WILLIAM HENEY TREW (policeman, T 69). On 8th Feb., in consequence of information from Mr. Whitly, I found this lead and a sack, and took it to, the station—I went to the Rectory, and found a great quantity of lead had been stolen from there—some had been removed recently; this is it.
THOMAS TULL (policeman, G 22). I produce a piece of wood from the front of a window—it exactly fits to the nail holes in this lead—it is the same length and breadth—the part that went wider the tiles has the mortar on it.
WILLIAM HENEY SAUNDERS I had the care of this Rectory-house—it belongs to the Rev. Thomas Jennings Bramley, Thomas Smith, and Maria Taylor—I misted some lead from the roofs of the building connected with the house—I was there on the 21s., of Jan.; I did not miss it then.
Brewer's Defence. We were not near the lead.
*BREWER— GUILTY Aged 18.— Transported for Seven Years.
REYNOLDS— GUILTY Aged 13.
ROOK— GUILTY Aged 12.
Recommended to mercy by the Jury.— Confined Six Months.
GUILTY Aged 20.— Confined One Month.
OLD COURT.—Tuesday February 26th, 1849.
PRESENT—SIR CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. GIBBS; and
Before Mr. Recorder and the Second Jury.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
HENRY PRINOLE BRUTIRIS . I am superintendent of the London and North Western Railway Company. On 5th Sept., 1848, at three o'clock in the morning, a collision took place at Leighton Buzzard, between the York up-train and another train that was going down—I was not present at the collision—this letter marked "A," dated Oct. 26th, was received by the Company; I cannot tell on what day—the post mark is 27th Oct.—it was placed in my hands by the Board of Directors—I gave Mr. Porter, the medical officer of the Company directions in reference to it—this other letter marked "B," dated 2d Nov., reached the Company about the time it bears date.
JOHN HARRISON This first letter "A" it in my handwriting—I forwarded it to the Company by the prisoner Duncan's direction—(read—"Directed,—Stewart, Esq., Secretary to the London and North Western Railway Company, Euston-square—5, New Inn, 26th Oct., 1848. Sir,—I am instructed by Mr. Duncan, of 59, Great George-street, Bermondsey, to apply to the London and North Western Railway Company, for compensation for the injuries sustained by his wife, Mrs. Duncan, and his brother-in-law, Mr. O'Brien, while they were travelling as second class passengers on the Company's railway. On Monday, 4th Sept. last, they were coming from York to London, when at Linsland tunnel, near Leighton Buzzard, a collision of trains took place which caused the injuries alluded to. Mrs. Duncan was at the time pregnant, and in consequence the accident caused her to be confined four months earlier than she would otherwise have been, and its result also was a miscarriage. The shock of the collision caused her to be thrown forward with great violence from her seat to the one opposite, and thus shook and bruised her, that ever since that time she has been ill, attended by a surgeon, and almost wholly confined to her bed. Mr. O'Brien, who was in the same carriage with Mrs. Duncan, by the same collision had his knee bruised, and his chest and forehead severely injured; so great was the injury to his lungs that it has caused a spitting of blood ever since. He also has been at tended by a medical gentleman, and like his sister incurred a very heavy medical bill. Yours obediently, John Harrison."
Duncan. Q. If you had seen it without any name signed to it, would you have known it to be my writing? A. Decidedly I should—I was landlord of a public-house in which there was a society of Druids held, of which Duncan was the Secretary for nine months, and I had an opportunity of seeing his handwriting every week, and I have now documents it my possession of his writings and I feel confident that the body of this document, as well as the signature, is his writing.
THOMAS PORTER I am a surgeon, living in Euston-square. I received instructions on 28th Oct. last—in consequence of which I went to ascertain the nature of some injuries supposed to have been sustained by Mrs. Duncan and O'Brien—I went to 59, George-street, Bermondsey—I first saw Robert Duncan—I told him I was a surgeon, and that I came to inquire about an accident that his wife and her brother-in-law had sustained—he said, "I did not expect to see a medical man; I expected to have heard through the lawyer;" that Mrs. Duncan was not prepared to see me, but would do so in a few minutes—I was then in the front parlour; there was no shop—I asked him what business she was—he said she made stays; that she was travelling from York in a second-class carriage, and received au accident on 5th Sept. by the
collision at Leigh ton Buzzard—I asked why he had not applied before: it seemed a long time after for the application to be made—he said he did not know who to apply to—I asked who had been attending Mrs. Duncan—he said a Mr. Hunt, at the same time adding, "I don't think I ought to have told you his name"—I said very well, I would see Mrs. Duncan when she was ready; when he said she was ready, I was shown into the next room—before I went into that room I heard a moving there, as if some one was getting into bed; but I did not think anything was wrong—I went into the next room and saw the female prisoner lying in bed—she said she had received an accident—I asked what was the matter—she said she was suffering a great deal of pain even now, and that was six weeks after the accident—I asked how she was sitting at the time—she said she was travelling from York in the secondclass carriage, with her face to the engine, and the collision threw her forward—that she was sitting next to her brother, Mr. O'Brien, on the same seat—that she was brought home, and had a miscarriage within forty-eight hours after, and that on the third day she had a prolapse of the womb, and she had not recovered it—she seemed to be in great pain, and therefore I did not press her with any more questions—I asked who her medical man was—she said Mr. Hunt, of 21, or 23, Queen's-street, Blackfriars-road—I said that was sufficient, I would see him and inquire the nature of the injury, and on that I left her—I asked where O'Brien was, and Robert Duncan showed me up-stairs, where I saw O'Brien in bed—I asked what was the matter with him—he said he had received an injury on the chest, and also on his knee; and he had been spitting blood ever since the accident—I said, "How did it happen that you were hurt on the chest?"—he said he was thrown forward against the front of the carriage—I said, "Well, you could not be hurt by the front of the carriage, as in the second-class carriages there are no divisions"—he said then, "I suppose it was against the seat"—he was hurt in his knee—he showed me his knee; there might have been a bruise there at sometime or other; but being six weeks after the accident there was not much to be seen—I asked who had attended him, and he said Mr. Hunt, 23, Queen-street, Borough—he afterwards said "Blackfriars-road"—he also said he had bad eyes—I could not see that they were inflamed; there was a large shade over them—I then came down-stairs, and asked Robert Duncan about the injuries his wife had received, and he told me that she had sustained this prolapse of the womb—I said it was an extraordinary thing to occur three days afterwards, and from such an injury—I had never heard of such a thing; it might be possible, but very improbable—I asked if there was any violence used in the miscarriage, or any instrument used—he said he believed not—I then left, and tried to find out Mr. Hunt—I called at 21, and 23, Queen-street, and could not find such a person; there was no medical man living in the street—next morning, being in the neighbourhood, I called on a medical man and asked him about Hunt; but did not find him—Duncan afterwards came to my surgery and left a paper; in consequence of which, I met Mr. Hunt with Duncan by appointment, at 83, Queen-street—I asked Hunt in Duncan's presence whether he had been attending Mrs. Duncan—he said he had, and she had had a miscarriage—I said, "Did you see the miscarriage?"—he said no, it had been put away, but he heard that she had one, and that it came on forty-eight hours after this accident, and three days after that she had a prolapse of the womb—I said, "Are you sure she had a prolapse?"—he said, "Yes"—I said, "Did you return it?"—he said, "Yes, I did"—I said it was a most extraordinary and unlikely thing—I said, "Do you believe the injuries these people have sustained occurred from the accident?"—he said, "I do"—I said, "Very well,
I must make a report to the Directors"—as far as his statement went it completely confirmed Robert Duncan's. JOHN HARRISON re-examined, I am a solicitor. The first time I saw O'Brien was on 26th Oct., the day the letter was sent—this letter (dated 2d Nov.) I know nothing about—I was sot consulted about it—it was written entirely without my knowledge—I was requested by Mr. Duncan to bring an action against the Company for the injuries detailed in my letter of 26th Oct.—I refused to bring it—I afterwards heard from a solicitor's clerk that an action had been brought by another attorney—On 16th Dec. I sent this letter (marked C) with an enclosure to the Company, by the direction of Duncan—I enclosed this copy of a letter by a person named Darke, (D) which I received by post, it was copied by one of my clerks—I had a communication with Duncan on the subject of Dark's letter before it arrived, and when it did arrive I enclosed a copy of it to the Company by his desire.
Cross-examined by MR. METCALFE Q. Duncan instructed you to bring an action against the Company? A. Yes, and I declined—I told him I thought the Company ought to have time to investigate such claims before I would undertake it—I told them to get some evidence.
Duncan. Q. Did you not state before the Magistrate that you delayed bringing the action, and not that you refused to do so? A. Yes—I think it was a delay—some letters were taken from you—(Letters B, C, and D were here read as follows:—(B)," To the Secretary of the London and North Western Railway Company. 59, Great George-street, Bermondsey, Nov. 2nd, 1848. Sir,—The medical gentleman representing the Company having seen Mrs. Duncan and Mr. O'Brien several times, is fully aware of the serious injuries sustained by my wife as well as by Mr. O'Brien; you will no doubt be informed by him that Mrs. Duncan is still very ill, requiring great care, quiet, and nourishment, and in the event of her being again pregnant, it will be attended with great danger. Mr. O'Brien has suffered severely from the injuries to his knee and chest, and is still spitting blood; especially at night, when his cough is very bad, which will prevent him from attending to his business for some time; if he should do so before he is thoroughly well it may bring on a relapse, the consequence of which may be very serious. Under these circumstances, I do hope, that we shall not be compelled to proceed on an expensive litigation against so powerful a Company, where the means of a private individual would be perhaps entirely wasted, entailing utter ruin upon ourselves and families, who have already suffered severely enough. I am willing to accept 60l. for the injury to Mrs. Duncan, and Mr. O'Brien is willing to accept 60l., provided it is settled this week, as Mr. O'Brien has been informed by his solicitor that unless proceedings are issued directly it cannot be tried this term. In the event of this arrangement not being made, Mr. O'Brien wishes it to be tried as soon as possible, and this letter is of course without prejudice in either case, should we be compelled to have recourse to a Court of Law. An early answer will oblige. Yours obediently, R. Duncan."(C), "Messrs. Barker, Hayes, Barnwell, and Twisden, solicitors, 1, Lincoln-inn-fields. New Inn, 16th Dec, 1848. Gentlemen,—Duncan and O'Brien, and the London and North Western Railway Company. At our last interview I stated to you the willingness of Mrs. Duncan and Mr. O'Brien to make a declaration of the truth of the statement which has already been laid before you relating to the accident they met with on your railway, since then I have had with me Mr. Robert Darke, who is a traveller in the house of Messrs. Gillard, fellmongers, Exeter; his statement respecting the accident he has given me in the shape of a letter, a copy of
which I think it best to send herewith. Mr. Darke adds, on being questioned by me, that he was coming from York, on 4th Sept., 1848, on his way to London, starting from the former place about five o'clock in the evening, that the accident occurred about three o'clock the next morning. He also states, that Mrs. Duncan was so injured on that occasion as to be obliged to be carried into the station. That before the 4th Sept. last, he knew nothing of Mr. O'Brien or Mrs. Duncan, but at that time he gave to the former his name, and the name of the house in Northumberland-street, Strand, which be used when in London. Mr. Darke states his willingness to make a declaration of the fact he has spoken to. He refers to C. H. Millet, Esq., clerk to Messrs. Hunt, solicitors, 10, Whitehall, who will speak to his respectability. Mr. Darke will be in town again on Thursday, when if you desire it, he will call upon you, and repeat the information which is now supplied you. I need scarcely add, that the parties are very desirous of an early determination of this affair to induce you to give an early attention to it. I am, gentlemen, yours obediently, John Harrison."—(D)," J. Harrison, Esq., 5, New Inn, Strand. 11, Northumberland-street, Strand, Dec. 15th, 1848. Sir,—Mr. O'Brien having made application to me this morning respecting the accident which took place on the North Western Railway on the 5th Sept., I beg to state that I was present, being one of the passengers on that unfortunate occasion, and that I was in the same carriage with Mr. O'Brien and Mrs. Duncan, (whom I afterwards found to be brother and sister) when the accident took place, and afterwards I saw them on the line, and likewise at Leighton Buzzard, and came to town with them. I was very much shook myself, and did not forget it for several days, but having received no particular injury I did not trouble myself about it, nor had I any time, but will not travel by railway again if I can go by any other conveyance. They appeared very much frightened and hurt. I had told Mr. O'Brien that if he wanted me at any time he might depend on me to come forward, if I could do so conveniently, as I considered it a piece of gross negligence somewhere. I will do myself the honour of waiting on you this afternoon at three o'clock, if you wish it, but am leaving town on Saturday. Your obedient servant, R. Darke."
ROBERT DARKE I live at 12, Field's-terrace, King's-cross. I know O'Brien, and Mrs. Duncan, his sister—I became acquainted with O'Brien early in 1841, and afterwards worked with him—I have since been in the service of Mr. Millett, clerk to Messrs. Hunt, solicitors, of Whitehall—I once worked at Mr. Reeves, the printer, in William-street; before that I was employed with O'Brien, at Bensley's—while employed at Messrs. Reeves, in the first week of last Dec, O'Brien called on me, and asked me if I wanted employment, as he was about to start a Journal—I told him I had a fortnight's notice, and I should be very glad—he said you can have a frame in my employment as you had before—on 15th Dec. he brought me a paper to copy—I copied it, and gave it him back—[William Marshall Ford, clerk in the office of Messrs. Barker and Company, solicitors for the prosecution, here proved the service of a notice on Duncan and O'Brien, to produce the letter in question]—This is the copy I made of the letter—when he brought the letter to me to copy, he said he had received an accident with his sister on the line—that a party was present who would come as a witness, but he could not be found—he was gone abroad, or was dead—he told me he expected compensation, and this letter, no doubt, would get it immediately paid—I believed his statement, that he and his sister had received an injury, and in consequence of that I copied the letter, and handed the copy, with the original, to O'Brien—I had before that been in Mr. Millett's employ—sometime after that, in consequence of Mr. Millett
making inquiries of me, I made a disclosure to him; that was at soon as I beard that this story was untrue; to the best of my belief the original letter was written by Duncan.
Cross-examined by MR. METCALFE Q. Do you know Duncan. A. Yes; I have seen a good deal of him—as soon as I found out these parties had not been injured, I disclosed all I knew about it—I did not know it was untrue when I copied the letter, not any part of it—O'Brien persuaded me to write the letter—I was over-persuaded and taken unawares—I am not in any work now—I am living on what I had earned for the last six or seven months at Denham's and Reeves', and Cox's—I cannot exactly recollect how I got my living before that six months. I have never been in the habit of attending fairs—I have attended a fair, as a looker-on—I have not been in the habit of running about to fairs in the country, making nothing, and in no employment—I get my living as a compositor—I have been with Mr. O'Brien two or three times; he is a master printer—I have never been a master printer—I have described myself as such, living at Wilson-street, Brunswick-square—I have taken in jobs on my own account—I remember an action in the Exchequer against the Sheriff of Surrey—I then described myself as a muter printer—I do not recollect that I afterwards said I was not a master printer, and lived in Bermondsey—I lived in O'Brien's house at that time, in Bermondsey—I was in his employment—I had a brother, named Alfred Darke—he has been dead four years—I lived with him—I did not travel in the country with him—I never went into the country with him—I think I went once with him to Exeter—I do not recollect that there was a third party with us—I was never charged with passing bad money—I had an unfortunate brother—I cannot say whether he was unfortunate or not while living with me—I do not remember his being charged with passing bad money—I do not recollect any bad money being made in our house—after I had written the letter, I went with Duncan to Mr. Harrison's, who asked me some questions about the letter—Mr. Harrison made an alteration in the date, at my suggestion—it was altered from 5th April to 5th Sept.—Mr. Harrison asked me whether I was in the train, and I said I was—it was proposed that I should make an affidavit to that effect, which I did not consent to do—I told them I would make a declaration, that declaration was to contain the terms of the letter—I would not let it go so far as an affidavit—there was no particular inducement made to me to make the declaration, not after I delivered the two letters to O'Brien—there was no inducement whatever—I was not to have any money—after I delivered the two letters to O'Brien, he said, "I shall be enabled to let you have 2l. or 3l.," which had been long owing to me for work—he was in my debt, and had been a long time—nothing whatever was said about money before I wrote the letter—I did it without any promise of remuneration; it was done unawares—I had not time to consider—I was entrapped into it—I was obliged to go to Mr. Harrison, but I very soon discovered, after I saw Mr. Harrison, that there was a conspiracy—Mr. Harrison heard of it very soon afterwards, through me.
Duncan. Q. Did I say anything before Mr. Harrison? A. You introduced me to him, and I left you with him—I saw you two or three times after I sent the letter to Mr. Harrison—I always considered you an industrious man.
COURT Q. Had you, before you saw Mr. Harrison, sent this letter to him with the word April in it, instead of Sept.? A. Yes; I told him it was a mistake of mine, and he altered it—I explained to Mr. Harrison
that I wrote the letter for O'Brien; that he came to me and persuaded me to write it.
CATHERINE SINFIELD I am the wife of John Sinfield, a ship-steward; he is now in China. In Sept. last I lodged at Duncan's house, in George-street, Bermondsey—on 4th Sept. I left some glass at the house, about four in the afternoon—I saw Mrs. Duncan—I was there on the following day; I saw her then, and continued to see her for some time afterwards—I called on 5th, between seven and eight in the evening—I moved in on that day; continued to live in the house, and saw her pretty well every day—I remained there a month—I saw very little of her—she appeared to be well till the last few days—I saw her about the house, doing her duty as mistress of the house day by day—when I saw her on 5th, she was sitting in the kitchen—towards the last few days of the month Mr. Duncan told me that she had been under a surgical operation; that was the first I heard of her illness—she did not give me any account of the illness—I heard nothing about a fall down-stairs, or anything of that sort—I do not know whether any medical man attended her—I cannot say whether she was confined to her bed at all in the early part of the month—I did not see her—I heard that she was confined to her bed for two days—that was on the Thursday before 3d Oct.
Cross-examined by MR. O'BRIEN Q. You did not see much of her? A. No, she had a servant—it was on 4th that I went there—I fix my memory by this rent-book (produced)—I saw her about four in the afternoon of the 4th, and not again till eight or nine next night—Mr. Duncan was there during that time—I did not see anything of O'Brien in the house—a gentleman called on me some time in Nov., to know when I removed—it is merely from the rent-book that I know the date.
Duncan. Q. What day did you take the apartments? A. I engaged them in Aug., on the Tuesday before 5th Sept.—I did not bring the glass in on Saturday 29th, but on the Monday at four o'clock—I recollect bringing a glass of wine down to your wife on Thursday before 3d Oct.—I did not hear your wife moaning in her bed—I took her the wine to revive her, because I heard she had been under a surgical operation—(From the entry in the rentbook, it appeared that the rent commenced on 6th Sept.)
COURT Q. Did you keep that book? A. Yes, there was an agreement that I was to be there a day without paying rent—my goods were there before, but I was not there till eight o'clock on the 5th—I stayed exactly four weeks.
MR. CLARKSON Q. Had you seen her up and about every week in the month you were there till you gave her the glass of wine? A. Yes.
SUSANNAH YOUNG I live in Merrick's-place, Russell-street, Bermondsey, with my father. I was in Mr. Duncan's service when Mrs. Sinfield came to lodge there—I was not there when she left—I went in a the beginning of June, and left at the latter end of Sept.—my mistress was at home when Mrs. Sinfield came—she was up and about as usual, and also the day before, and until I left—the day before Mrs. Sinfield came Mrs. Duncan took in some vegetables of a man named Berridge—I used to go home to sleep, but sometimes, when Mr. Duncan was late in coming home, I slept there—Mrs. Duncan used sometimes to go out of a morning to take her work home, and did not come home till the evening—I never missed her from the house for a whole day—she used sometimes to complain of her side, and being unwell—she did not tell me what caused it; but the children said the father gave her a kick in the side—she was never confined to her bed while I was there.
Cross-examined by MR. O'BRIEN Q. Might she not have left home before
you came in the rooming? A. No, she was seldom up before I came—I came at seven or half-past—she used to go out about nine—I always used to see her again before I went home.
Duncan. Q. Do you remember stopping away once, from Saturday night till Tuesday, and saying you had been to your aunt's. A. No, I never did—I never took a half-crown from you—Mrs. Duncan said she had some money unknown to her husband, and she missed a half-crown, and set me and her two girls to look for it—we did not find it.
JAMES BERRIDGE I am a greengrocer, and live in Cross-street, Bermondsey. On Saturday, 2d Sept., I recollect supplying Mrs. Duncan with some vegetables—Mrs. Duncan came to my shop and ordered them—she appeared in her usual health—they were not paid for when delivered—on Monday, 4th Sept., between ten and twelve in the morning, I went to the house for some money—I saw Mrs. Duncan, and she paid me—she appeared then in her usual health, and about the house—I saw her several times since—I saw her on 20th Sept.; she appeared then in her usual health.
DONALD MURRAY (policeman, M 119). On Tuesday, 12th Jan., I went with Wright to 59, Great George-street, Bermondsey, and took Duncan and his wife in custody—after reading the warrant to them, Duncan said I ought not to take his wife, for she had acted under his direction—I searched him and found on him twenty-two duplicates, and two letters—I got the letter signed by Darke from Mr. Harrison, before the Magistrate, and have produced it—I know the handwriting of Mr. Cottingham, the Magistrate—this is it (looking at the deposition)—read—"Duncan says, 'I am decidedly guilty, to a certain extent; but not the most guilty: my wife is entirely innocent, acting under my direction.'"
JOHN WRIGHT (policeman, M 63). I was with Murray—Mrs. Duncan said, "You won't want to take me; "and looking at her husband, she said, "You know all about it"—he said, "You won't want to take her; she has acted under my direction"—I did take her—on the evening of 23d Jan., I apprehended O'Brien—I had been in search of him from the 12th—I found him at 16, Berwick-street, Oxford-street—I told him I wanted him to go along with me—he said, "Very well"—he then put on his coat—I said, "I suppose you know what I want you for?"—he said, "Yes, if I am wrong I must suffer, if the Company is wrong they must put up with the consequences"—I put him into a cab, and read the warrant to him—I told him Duncan was in custody, and partly admitted himself to be guilty—he said Duncan was a traitor big enough for anything.
Cross-examined by MR. METCALFE Q. Did you attend the first examination before the Magistrate? A. Yes; but was not examined—the case had been made public in the newspapers on two occasions at the time I took O'Brien.
WILLIAM BOSFORD I am in the employment of the London and Northwestern Railway Company. I recollect a collision on the line, near Leighton Buzzard, on 5th Sept., with the York up-mail, at five minutes before three o'clock in the morning—I was guard to the train—it had left York about six.
The COURT being of opinion that reasonable evidence had been given, that Mary Duncan was the wife of Robert Duncan, and had acted under hit control, and that there was no evidence of her having conspired with O'Brien, directed her to be acquitted.
The prisoner Robert Duncan, in a long address, not relating to the charge, complained of the harshness of the Company in taking his wife into custody, by which his business had been ruined, and one of his children, being deprived of the mother's care, had accidentally been burnt to death.
MR. PORTER re-examined. O'Brien told me that he was sitting on the same seat with his sister.
MARY DUNCAN— NOT GUILTY
ROBERT DUNCAN— GUILTY .— Confined One Year.
O'BRIEN— GUILTY—Recommended to mercy by the Jury. — Confined Six Months.
MR. ROBINSON conducted the Prosecution.
FRANCIS GEORGE MARCH DISANOSS The prisoner was my town traveller up to 1846; it was his duty to receive money for me and account as he received it—he has never paid or accounted for 5l. 8s. from Mr. Cox, 7l. 5s. from Mr. Sailer, or 11l. 5s. from Mr. Kent—I asked him how they came not to be paid over if he had received them—he said, "If I have received them I must pay you"—I turned round and he was gone, and he never came back—he has never paid them or accounted for them—he always gave me the small accounts as he collected them—no memorandum was made of his having paid them—I had been for some months asking him about these accounts, particularly Mr. Kent's—he said he had not got the money; and Mr. Salter being dead, I sent him again for that, and he said they had not paid, and I afterwards found they had paid months before—he was nearly thirty years in my father's service and mine—he left me for eleven months—I took him back, and paid him higher wages, and then he began to rob me.
----COX. I am clerk to Le Bousfield and Company, silk-manufacturers. On 20th July, 1846, I paid the prisoner, on their account, 5l. 8s., for Mr. Desanges—this receipt (produced) is the prisoner's writing.
JAMES JOSHUAH WHITER I am warehouseman to Mrs. Salter, a silkmanufacturer—she was indebted to Mr. Desanges in July, 1846, 7l. 5s.—Mr. Salter, who is dead, must have paid the prisoner, because he alone paid his accounts—I got this receipt off the file—it is in the prisoner's writing.
GEORGE TEAKLE (police-sergeant, H 8). I took the prisoner on 8th Feb.—I said he was charged with embezzling various sums of Mr. Desanges—he said he thought it was all dropped a long while—I said I had been looking after him at the time he absconded, but found he was gone into the country, that the amount was very large, about 30l.—he said, "No! I never had (or received) above 24l.—I have seen the prisoner four or five times—and my opinion was, that it was all dropped because I had not seen Mr. Desanges."
GUILTY — Confined Six Months.
(There was another indictment against the prisoner.)
624. JOHN JAMES HUGHES , stealing 4 sovereigns, 2 half-sovereigns, 8 half-crowns, 40 shillings, 40 sixpences, and 2 orders for the payment of 26l. 17s. 6d. and 12l. 17s. 6d.; the property of William Perry, his master, in his dwelling-house; to which be pleaded
GUILTY Aged 21.— Confined Eighteen Months.
GUILTY . Aged 31.— Confined Six Months.
(The prisoner received a good character.)
NEW COURT.—Tuesday, February 27th, 1849.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir WILLIAM MAONAT, Bart, Ald.; Mr. Ald. MOON; and MR. COMMON SERJEANT
Before Mr. Common Serjeant and the Sixth Jury.
CAROLINE AMELIA RACHEL PENSHAM I am the wife of Henry Pensham, a chandler, of Mount Pleasant, Gray's-inn-lane. On 7th Feb., a little after eleven o'clock, the prisoner came for a quarter of an ounce of tobacco, and some tea, which came to 7d.—she put a shilling on the counter, I gate her 5d. change, took the shilling, and found it was bad—I said I thought it was bad; she said she did not think it was—I went to the door and called a policeman who was going by, and gave him the shilling after marking it—this (produced) is it—he took the prisoner into custody, and I saw him take from her hand four bad shillings in a piece of paper which the was endeavouring to swallow.
JOHN PORTER (policeman, G 101). I was called by Mrs. Pensham, and she handed me a shilling—I found the prisoner there—I told her I thought the shilling was bad, and asked if she had any more—she said, "No," and she did not know that that was bad, that a man gate it her—she put her hand towards her mouth—I took hold of her hand, and found four bad shillings in a paper, and 5d. in copper.
Prisoner's Defence, A man I was living with gave me the money; I was not aware it was bad. GUILTY Aged 22.— Confined Six Months ,
MESSRS. ELLIS and PLATT conducted the Prosecution,
THOMAS PEGREM I am barman to Mr. Carr. On 17th Jan., a little before ten in the evening, the prisoner came for a quartern of gin, and gave me a half-crown—I told her it was bad—I called Mr. Carr, and gave it him—the prisoner said she had got it for making a dress—Mr. Carr asked when she lived—she said she would rather have six months than tell him.
MATTHEW CARR I was called into the bar by Pegrem—he gave me the half-crown—I saw it was bad—I remarked it to the prisoner, and I asked where she got it—she said she took it for making a dress, which she had just been home with—I asked where she lived, and I understood her to say in New-street, Covent-garden—I said I would send my young man there, and if she were a respectable person, and living in a respectable house, the matter should drop—she said, No, rather than be exposed she would have six months—I called in the officer, Ward, and gave him the half-crown.
THOMAS WARD (policeman, F 102). I took the prisoner at Mr. Carr's, and received from him this bad half-crown—I took the prisoner to the station—she gave the name of Maria Meredith—she refused to give any address.
31st Jan., the prisoner came between seven and eight o'clock in the evening for a half-quartern loaf—she offered me a bad half-crown—I broke it in two pieces—I called my brother, and gave them to him in the prisoner's presence.
WILLIAM SHATHAM I am the brother of Caroline Shatham. She gave me the two pieces of this half-crown in the prisoner's presence—I told her it was very bad indeed, and asked where she lived—she said in Crown-street, Manchester-square, which was found to be a false address—I did not go there myself—I marked the half-crown, and gave it to the officer, Cattley, and described the prisoner to him.
EMMA HOLLAND I am the wife of William Joseph Holland, a cheesemonger of Oxford-street. On Saturday night, 3d Feb., about eleven o'clock, the prisoner came to the shop and asked the price of some pieces of bacon—I told her 8d. a pound—I weighed it for her; it came to 2s. 2 1/2 d.—she gave me a half-crown—I said it was a bad one—I marked it with a knife, and rubbed it on a piece of iron on the counter—she asked me to give it her back, but I would not—I called my husband and gave it to him—I kept the prisoner till the officer was sent for, and gave her into custody.
WILLIAM JOSEPH HOLLAND I found the prisoner in my shop—my wife gave me, in her presence, a bad half-crown—I told the prisoner it was a bad one, and sent for the policeman—she did not make any reply—Thornton came in in about two minutes—I marked the half-crown and gave it to him.
GIORGE THORNTON (policeman, D 109). On 3d Feb. I was sent for to Mr. Holland's shop; I took the prisoner into custody, and received this half-crown. CALEB EDWARD POWELL These three half-crowns are counterfeit. Prisoner's Defence. The baker is mistaken in my identity; through unforseen circumstances I was in possession of two bad pieces of money, but when I uttered them I was not aware that they were bad; when I was first taken I was bailed out.
GUILTY Aged 23.—Recommended to mercy by the Jury. — Confined Three Months.
GEORGE WHITE I keep a beer-shop in Union-street, Lisson-grove. On Monday, 22d Jan., Glassy and Bray came together to my house—they had some ale, and in payment for it Glassy gave me a bad shilling—I put it into my pocket, where I had only three sixpences—I gave the prisoners the change, and they went away together—in consequence of something which was afterwards said to me, I found that the shilling was bad—I then bent it with my teeth and put it in a cupboard—it remained there till the following Saturday, when I gave it to Leech—on Saturday the 27th, Bray came and called for a pint of ale, and tendered me a bad half-crown—Glassy and another woman named Moore, I believe, came in directly after him—I found the half-crown was bad, and I returned it to Bray—he said he was very sorry it was bad, and he would give me another—he then gave me a good one, and I gave him the change—he said he did not know the other was bad, and he had taken it in
part of his wages that night—I asked him if he had any more—he said he had no more—he said he had been in the service of some one. for ten or twelve years—the two Women had then gone out. leaving Bray behind—I sent my son to watch, and I said to Bray. "I have a good mind to give you in charge"—he said 1 might if I liked; he could give a very good reference where he took the half-crown.
Bray. I gave him the shilling myself. Witness. I am sure it was the woman.
THOMAS WHITE I went by my father's direction to watch Glassy and Moore—I went to Great James-street and saw them there, and Bray with them—I did not see him join them—they went to the Brasen Head public-house.
THOMAS SMITH On Saturday night. 27th Jan., I was at Mr. White's beer-shop—I saw Bray there—he put down a half-crown for a pint of porter—the other two prisoners came in directly—Mr. White found the half-crown was bad, and gave it back to Bray—the two women went out directly Mr. White began to talk about the half-crown being bad—I went out and saw them at the opposite corner—when Bray came out they called him—he went to them and began to swear at them, and said they had spoiled him with the half-crown, for they had been there before, and they knew it—they began talking altogether, and then crossed over and went to the Brazen Head at the corner of Lisson-street.
Glassy. This man said he was out of work, and he would go up with us; he might as well earn a shilling that way. Witness I am a smith—I was working for Mr. Elliott, of Camden-town last week—I have worked for him off and on two or three days a week for these three months—this week I have had no work—I worked in the city for Stone and Edgar; I left them in May last—I then went in the country and worked on the Western Railway—Mr. White's son walked down to the station with me—he did not hear about their having spoiled the half-crown.
CHARLES BENNETT (police-sergeant, D 18). On 27th Jan. I took Bray in charge; he was quite sober—I called another constable to assist me—I told Bray I wanted him for passing bad money—he said he should not gohe resisted, and threw me down—on searching him I found on him a bad half-crown.
Bray. He said I was intoxicated, and now he says I was quite sober. Witness. Now I come to consider of it, he was the worse for liquor.
CHARLES COURT (policeman, D 94). On 27th Jan. I saw all the prisoners come out of the Brazen Head—Bennett took Bray, and I took the two women—Glassy said, "What have I been doing?"—I took them some distance, and Glassy dropped something down an area—I took the women to the station, and went back to the area, and found 3 shillings and a halfcrown, all bad—I went back to the station, and stated what I had found—Glassey said she had dropped nothing—Moore was searched by a female searcher, and 8 good shillings and 1 1l. 2d. was found on her.
EDMUND CALLAGHAH (policeman, D 134). On 27th Jan. I was called to assist Bennett, who had Bray in charge—Bray said, "What I are you come? you and a dozen more won't do!"—he resisted and was very violent—when we turned the corner of the street he put his foot between Bennett's feet, and threw him down—he swore that when he got to Hyde-park he would kill us both—he appeared to be the worse for liquor.
CALEB EDWARD POWELL This shilling is counterfeit—these half-crowns are both counterfeit, and from the same mould—these other three shillings are counterfeit, and from the same mould, but not from the same mould at the first shilling.
Glassy's Defence I am quite innocent, and so is Moore.
Bray's Defence. I was not aware that the money was bad; I worked seventeen or eighteen years in one place.
GLASSY— GUILTY .* Aged 30.
BRAY— GUILTY . Aged 42.
Recommended to mercy by the Jury— Confined Nine Months.
MOORE— NOT GUILTY
MESSRS. PLATT and ROBINSON conducted the Prosecution.
JOHN CROUCH I am the son of John Crouch, who lives in James-street, Buckingham-gate. On the morning of 6th Feb., the prisoner came for a bundle of wood—he put down a sixpence, I saw it was bad, and took it to my father—he cut it in two, and the prisoner went away—the prisoner picked up one of the pieces, the other was under the scale—my father went out, and when he came back he took it away.
JOHN CROUCH On 6th Feb., my son brought me a sixpence, which I cut in half—the prisoner was in the shop—he picked up one piece, and the other went under the small scale—I followed the prisoner, and saw him go into Mr. Whitford's—when he came out I went in—I came out again, and followed the prisoner, and gave him into custody—I went back to my shop and found the other half sixpence under the scale—I gave it to the policeman.
MARY WHITFORD I am the wife of Thomas Whitford, a baker, of Queen's-row, Pimlico. On the morning of 6th Feb., about twenty minutes to eight o'clock, the prisoner came and asked for a 2d. brown loaf—he gave me an old sixpence—I put it in the till, where I had two new sixpences, and one shilling—I gave him change, and he went away—shortly afterwards Mr. Crouch came in; and, in consequence of what he said, I showed him the sixpence, it was bad, and I put it on a back-shelf—it remained there till I gave it to the policeman.
----BLACK WELL (policeman, B 67). I received this sixpence from
GUILTY . Aged 23.— Confined Six Months.
GEORGE BUCKTHORPE I am servant to Mrs. Harriet Magnay, of 67, Oxford-terrace. On Wednesday, 31st Jan., I carried the lunch to the dining-room at one o'clock—I carried on the tray four table spoons, four forks, two dessert spoons, a butter knife, and two salt spoons, all silver—at a little before two I went to dress, and while dressing I heard the street-door bell ring at about a quarter before two—I did not attend to it, Ann Grey the lady's maid did—that was the only bell that rung between one and two—it was my duty to attend to the door, except on particular occasions—at a little before two I went into the dining-room, and missed from the tray four table spoons, one dessert spoon, and a fork—the dining-room door is about six yards from the street-door, on the righthand side of the hall—I have not seen any of the things since.
ANN GRAY I am lady's maid to Mrs. Magnay. On Wednesday, 31s., Jan., at a quarter before two o'clock, I heard the street-door bell ring—it was the duty of Buckthorpe to attend the door, but on that occasion he was dressing, and I went, and the prisoner Palmer entered—I am certain he is the man—he gave me this letter (produced)—he said it was for Mrs. Magnay, and he would wait for an answer—I asked him to sit down in the hall—I did not stay to see him sit down—I took the letter up-stairs, and gave it to Mrs. Magnay—I came down again in about fire minutes—he was then gone, and the front door was left open—he was dressed in a jacket and a cap—it is pretty light in our hall.
Cross-examined by MR. BALLANTINZ Q. Did you look at him very attentively? A. I looked at him, and be looked at me—it was bnt a momentary glance, but I knew him again—I can swear to him—he has rather prominent features—I cannot say what sort of a cap he had on—it had no peak to it—he had a fustian jacket, I am sure it was not dark cloth—he looked to me like a helper in a stable—he was not at all dressed as he is now—I have said before that I was sure he was the man—I identified him as the man—I said that to all appearance he was the man—I believed it to be him—this is all I will say now—I saw him again at the police-court, and he put the cap on there when he was told to do so.
Storey. Q. Are you quite positive that I am not the man that brought the letter? A. I have no recollection of you—I never saw you before I was at the office.
WILLIAM SMITH (City-policeman, 244). I went to George-court, Fox-court, Gray's-inn, on 3d Feb., to apprehend Palmer—he resides at No. 1, there, and I have since heard he owns some houses there—he was up-stairs—I found in his house a pistol, a life-preserver, a watch, a round fustian jacket such as is used by persons in stables, and a cap—they were given up to the prisoner by the Magistrate's order.
Cross-examined. Q. Palmer was admitted to bail? A. He was: when I searched his house I found a woman who represented herself as his wife, and an elderly woman and a man and a woman were these—I took the fustian jacket from the second-floor—Mrs. Palmer said that that floor belonged to her and her husband—that was after he was taken into custody—when he was taken he had a dark coat on and a hat—I told him the charge—he said be knew nothing of it.
went to the station-house when the prisoners were apprehended—I showed Storey the letter which had been delivered to the servant, Ann Grey, and he said it was his.
Cross-examined. Q. Did he say who had delivered it? A. He did not—I did not ask him.
JOHN HUNT . I live at 6, George-court, Fox-court, in one of Mr. Palmer's houses—I know Storey—he lived in the same court, in one of Mr. Palmer's houses. On Wednesday, 31st Jan., I saw Storey in George-court—he asked me if I would go and have something to drink, and he said, "If you had been here just now you would have seen what I had"—I said, "What did you have?"—he said, "I had some plate not long ago"—he asked me to go and have a drop of gin, and I did, and he said, "I am off to get a sovereign to go to Kingston," and he went—I saw no more of him till next morning—I there said, "Where have you been?"—he said, "I have been sleeping at a coffee-shop over the water," and he said he sold the plate for 1l. 18s. 2d.—I afterwards received a letter from him—I do not know his writing, but I know it came from him because it came from Kingston, and he was gone there—I went to Kingston, when Mr. Palmer, my master, sent me there after Storey.
Cross-examined. Q. Had you known Storey before? A. Yes, he used to lodge in the second-floor in one of Mr. Palmer's houses—Mr. Palmer keeps eight houses—I collect the rent of six of them—I have not seen Storey in a fustian jacket; I have seen him in a cap, and in a light coat, a sort of jean—Mr. Palmer is a coach-painter by trade—it was between two and three o'clock on the Wednesday that Storey spoke to me about the plate—I gave information when my master was taken up, and this letter having come from Kingston I went there after Storey.
Storey. Did you hear anything of me? Witness. No, I did not. (The-letter delivered at Mrs. Magnay's was here read; it was signed "H. W. Storey," and solicited 2s. 6d., to purchase a pair of shoes.)
STOREY— GUILTY as an accessory. Aged 39.— Transported for Seven Years.
PALMER— NOT GUILTY
ANDREW SMITH I am master of the ship Parland; the prisoner was my apprentice—I had some Geneva stowed in my hold about 18th Feb.—on the Sunday I found two cases had been broken, and 10 bottles gone from one case, and one from another—they were all in my care.
JOHN CASLEY KITCHEN I am a foreman in the Docks. On Sunday evening, 18th Feb., about six o'clock, I went on board the ship Parland—I found under the forecastle one empty bottle, which smelt very strong of Hollands, and in the second berth I found a full bottle.
ALEXANDER COCHRANE I went on board the ship, and met the prisoner; he was very much the worse for liquor—I asked him if he had got any liquor on board—he said, "I can get plenty without having it on board"—there were others with him when he said that—I was present the next morning when a bottle of Geneva was taken from the prisoner's chest—I showed it to Mr. Smith.
Sailors' Home—I found a case-bottle, containing some white apirits; I do not know what; I did not open it—he knocked it out of my hand.
EDWARD WILLIAMS . I live in Wellclose-square. I saw the prisoner on that Sunday, about two o'clock—he threw a bottle down, and broke it—he said he would go into the Dock and get another; he did not say what Dock.
Prisoner's Defence. On the Saturday the mate desired me to come down in the morning and sweep the main-deck; I did, and these two bottles were given to me by a lad who is gone to the Mauritius; the other bottle is the one that Gill tried to take from me.
GUILTY. Aged 17.—Recommended to mercy. — Confined Two Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 45— Confined Six Months.
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY . Aged 23.— Confined One Month.
GUILTY . Aged 34.— Confined Three Months.
GUILTY . Aged 40.— Confined One Year.
Cross-examined by MR. O'BRIEN. YOU cannot swear to it? A. No;
I believe it is mine.
COURT. Q. Had any body else been there to take it? A. Yes; other had been there.
ANN WOOD . I am the wife of Edward Wood. The prisoner came my house about seven o'clock in the evening of 3d Feb.—as he was going out I saw a handkerchief in his hand—I did not know it was my husband'
then, but it was one like it, and I missed one after he was gone—no one else came into my house—it has not been found.
Cross-examined by MR. O'BRIEN Q. The prisoner and another man came in to sell something? A. Yes—I saw a red and white handkerchief in the prisoner's hand when he went out—my brother-in-law was in my house; he brought the handkerchief in.
I took the handkerchief in—I laid it down—I did not take it out—I was there when these two men came. NOT GUILTY .
OLD COURT.—Wednesday, February 28th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice CRESSWELL; Mr. Ald. GIBBS; Mr. Ald. LAWRENCE ; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Mr. Justice Cresswell and the Third Jury.
648. JOHN WITHAM , stealing, whilst employed under the Post-office, a post-letter containing 12 postage-stamps, a half-sovereign, and a fourpenny-piece; the property of the Post Master-General.—Other COUNTS varying the manner of stating the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WAITER ROBERTSON SCULTHORPE. I am one of the presidents of the London District Post-office. On Saturday, 17th Feb., I caused a letter to be written and addressed, "Miss Davis, at Mrs. Clark's, Ponder's-end"—I put into it a half-sovereign, a fourpenny-piece, and a shilling's worth of postage-stamps, all which I marked in Coles' presence—I sealed it and gave it to Peak with instructions—the prisoner is a letter-carrier at Ponder's-end, Enfield—on the Monday following I went to Mrs. Clark's, at Ponder's-end, and in consequence of what was told me there, I went in the direction in which I expected to meet the prisoner—I met him a little before nine o'clock in the morning—I stopped him and asked whether he was the postman—he said, "Yes"—I told him I was Mr. Sculthorpe, of the Post-office, and asked him whether he had a letter that morning addressed to Miss Davis, at Mrs. Clark's, Ponder's-end—he said no, he had not seen such a letter—Pesk, the officer, then came up and joined us, and I said to the prisoner, "Let me see what money you have got in your pocket"—he put his hand into his pocket and brought out seven or eight shillings—I noticed that my money was not there—after looking at it I said, "You have more money than this about you"—he then put his hand into his pocket, began to fumble about, and I said to Peak, "Search him"—Peak then drew his hand from his pocket, and in his band I saw my half-sovereign and fourpenny-piece—I said, "This is my money"—he said, "That it is not, it is mine; I received it at three o'clock yesterday, in Oxford-street"—he was then taken to the post-office at Ponder's-end, and I there asked him whether he had any postage-stamps about him—he said no, he had not—I ordered Peak to make a farther search, and he took from one of his pockets the twelve identical stamps I had enclosed in the letter—I said, "These are my stamps"—he said, "That they are not; I took them from a young woman in Thomas-street, Oxford-street, yesterday"—Peak took this paper (produced) from him in my presence—there are five marks of mine on it, and it is a portion of what I enclosed the money and stamps in on the Saturday—the money and stamps are the same which I enclosed—every stamp is marked—Ponder's-end is in the prisoner's district—supposing a letter for Ponder's-end to be put in at Waltham-cross on the Sunday evening, it would be forwarded on the Monday morning by the mailbag
to Enfield-highway—it would be the prisoner's duty to deliver the letter before half-past eight that morning.
MATTHEW PEAK About two o'clock on Saturday afternoon, 17th Feb., I received a letter from Mr. Sculthorpe to put into the post; it was sealed—I received others, but my attention was drawn to this one—it was addressed, "Miss Davis, Mrs. Clark's, Ponder's-end"—I kept it in my possession till the following evening, when I took it to Waltham-cross, and dropped it into the box at nearly half-past seven—it was then in the same state as when I received it from Mr. Sculthorpe—on the following morning I saw; Mr. Sculthorpe and the prisoner at Ponder's-end—I saw the prisoner take some silver from his pocket—after he had done so, I said, "Have you got any more?"—he kept his band in the same pocket he had taken the silver from, fumbling about, and I said, "Take out your hand, "and with his hand he brought out half-a-sovereign and a fourpenny-piece, which I gave to Mr. Sculthorpe, who said it was his money—the prisoner said it could not be his as he had brought it from London the day before, from Thomas-street, Oxford-street—this is the money—I went with him and Mr. Sculthorpe to the Post-office at Ponder's-end, and going along Mr. Sculthorpe asked him if he had any stamps—he said he had not—I took him to the receiving-house, searched him, and found the stamps produced in his waistcoat-pocket, and in his trowsers-pocket I found the piece of paper—Mr. Sculthorpe said, "These are my stamps, they were in the letter"—the prisoner said that could not be, for he had also brought them from Thomas-street, Oxford-street.
JOSEPH HUNT I keep the post-office at Waltham-cross. I made up the mail-bag on Monday morning, 19th Feb., for Enfield-highway—I noticed a letter addressed" Miss Davis, Mrs. Clark's, Ponder's-end"—I placed it in the bag myself, and it was forwarded with the rest of the letters by the mail-rider to Enfield-highway.
THOMAS CROSSINOHAM I am keeper of the post-office receiving-house at Enfield-highway. On Monday morning, 19th Feb., the Waltham-cross mailbag arrived at half-past six—it was tied and sealed in the usual way—I opened it at a quarter-past seven, took out the letters, sorted them, and they corresponded with the letter-bill—there were three for Ponder's-end—the prisoner came in about a quarter of an hour afterwards—it was his duty to take the letters for Enfield to Ponder's-end, and he took those three—the Enfield letters he delivers to another carrier, who deliver them; but he delivers the Ponder's-end ones himself.
Crass-examined by Ma. BALLANTIHE Q. Was it your duty to open the bag? A. No; 1 did open it on this occasion as I was expecting a letter from the country, respecting a cousin who was dying, and my anxiety to know about her health induced me to take it out.
ANN CHAPMAN I am a laundress. On 19th Feb. I was at Mrs. Clark's at Ponder's-end—early in the morning a young man rung the bell and delivered me a letter, which I gave to Eliza Bird, who opened the door—the man only gave me one letter.
ELIZA BIRO I am servant to Mrs. Clark, who keeps a ladies'-school at Ponder's-end. In Feb. there was a young lady a scholar there, named Ann Davis—on Monday, 19th Feb., I remember receiving a letter from Ann Chapman—this (produced) is the envelope of it—it is addressed to Rodah Bunyan—she is my fellow-servant—I gave it to her.
Cross-examined. Q. If a letter had been delivered there for you, would it have gone first into Mrs. Clark's hands? A. Yes.
MR. CLARKSON. Q. Did you ever receive such a letter from Mrs. Clark or any one else? A. No.
(Francis George, grocer; John Coomb, ironmonger; George Martin, linendraper; John M. Perry, schoolmaster, of Ponder's-end; and Thomas Belcher, hair-dresser, of Enfield-highway, gave the prisoner a good character.)
GUILTY Aged 18.— Transported for Ten Years.
649. GEORGE ELTON , stealing whilst employed under the Postoffice, a letter containing 1 postage stamp, and 2 groats, the property of the Postmaster-General. Other COUNTS varying the manner of stating the charge. MESSRS. CLARKSON and BODKIN conducted the Prosecution.
MARY ANN HOLDERNESS I live in Mill-lane, Eton. On 24th Feb., I wrote a letter to a Mr. Goodburn, of 63, Ernest-street, Regent's-park, London—this (produced) is the cover of it—I put two fourpenny-pieces, and a postage stamp into it, and sealed it with wax—I also put a postage stamp outside it—I had bought both the stamps—they then formed one piece of paper—I cut them up the middle—the heads were side by side—I gave the letter to Harriet Hawkins a little after ten on the morning of 24th to post.
JOHN WILKINSON I keep the post-office, at Eton—if a letter was posted at that office, directed to London, before half-past ten o'clock, it would be forwarded to Windsor soon after eleven—I remember making up the bag for Windsor on 24th Feb.—I took it myself; I do so every morning.
HENRY COOK I am postmaster at Windsor. I remember the arrival of the bag from Eton, for London, on 24th Feb.—it was brought by Mr. Wilkinson himself at a little after eleven—it is never sealed—I do not know whether I actually opened it myself, but it was opened in my presence—I took out the letters, and forwarded those that were for London—this cover (produced) has the Windsor postmark on it, and the date 24th Feb.—that shows that it arrived at our office between ten and half-past eleven.
DAVID DAVIS I am a clerk in the inland department of the General Post-office. On 24th Feb., the mail bag from Windsor arrived about two o'clock—it was tied and sealed, and in its usual state—I opened it, and took out the letters—letters arriving in that bag, addressed Ernest-street, Regent's-park, would be transferred to the London District office—this envelope bears the inland office day mail stamp of 24th Feb.
ROBERT DOWDALL I am a sorter in the London District office—letters arriving by the day mail for Ernest-street, Regent's-park, would be forwarded at three o'clock in the two mail bags, to the Portland-street branch-office—when there they would be sorted and delivered—the bags were dispatched for Portland-street that day in my presence.
Prisoner. Q. Are they always sent at three o'clock? A. Yes—no hour appears on this envelope, and having none, sufficiently designates that it was forwarded at that time; in the event of its being out of course it would have an additional stamp bearing the hour.
THOMAS REYNOLDS On the 24th, I was acting as inspector of letter carriers, at the Portland-street office—the dispatch bag arrived from about three to twenty-five minutes past—it came as usual—I am not aware whether it was sealed and secured in the usual way—the porter sees to that.
Prisoner. Q. Are you aware that we have General Post letters at other hours besides three? A. Yes, there are occasionally letters come at four—I
will not say whether they ought to have come at three—I am not aware what time they leave Windsor—I am not aware that they sometimes come at four, bearing the three o'clock dispatch stamp.
WALTER ROBERTSON SCULTHORPE . The prisoner was a letter carrier in the London District office, employed at the Portland-street Branch office On Saturday evening, 24th Feb., about eight o'clock in the evening, I accompanied Mason, the policeman to the Bloomsbury Police-station—I saw the prisoner there—I directed Mason to search him—he did so, and I saw him take this envelope, addressed, "Mr. Goodburn, 63, Ernest-street, Regent's.-park, London,"from his breast coat-pocket-Mason handed it to me, and I said to the prisoner, "Where did you get this from?"—he said, "I found it lying just outside the door while I was waiting for the second mail rider about six o'clock"—I looked at the stamp, and said, "Why this is a to-day's letter, you must go with me to the party to whom it is addressed"—we went—I left them in the street, and went myself to No. 63, and inquired of the. inmates there as to what the letter contained, or should contain—I came out again, went to the prisoner, and said to him, "This letter appears to have contained two fourpenny pieces, and a penny stamp"—I gave him into custody, and asked him whether he had got any postage stamps—he said "No., he had not"—I then said, "Have you a drawer at the office?" he said, "Yes"—I told Mr. Cole in his presence to go and search the drawer—prisoner then said, "I have one or two stamps there"—this letter bears the Eton post-mark, and the Windsor day stamp of 24th Feb., and the London day-stamp of the same day, in the regular course that letter would arrive. at the General Post-office, at about half-past two or a quarter to three and it would be forwarded to Portland-street about three—in the due course it should have been delivered to the person to whom it was addressed about four—the postage stamp on this envelope has the letters "B G" on it—I received another from Mr. Cole with the letters "B F" on it—that indicates that they once formed part of a whole sheet, and that they were next to each other—they had evidently been severed from each other with scissors.
Prisoner. Q. In which of my pockets was the envelope, found? A. I cannot say.
COURT. Q. Is Ernest-street in his delivery? A. The letters would have to pass through his hands—he would divide them, and deliver them to his two assistants—he was the principal of three—he has been in the office. four or five years.
JAMES MASON (policeman. S 168). On 24th, about eight o'clock in the evening, I searched the prisoner at the Bloomsbury-station—I found this envelope in his left-hand breast-coat pocket—I also found three shillings, two sixpences, two fourpenny-pieces, a penny, halfpenny, and farthing, three keys, and a knife—I gave one of these keys, which the prisoner said belonged to his drawer at the office, to Mr. Cole.
Prisoner. Q. Did you find the envelope in the first, second, or third pocket you examined? A. I believe it was in your body-coat—you had two coats on, and six or eight pockets in them—I had examined your waistcoat, trowsers, and great-coat pocket before I found it—I found another letter addressed to yourself—I searched your breast-pocket last to the best of my belief the envelope was in the pocket where you said there was only a pencil—I believe I searched all your pockets.
me the number of his drawer was 26—I unlocked that drawer with the key, took out the contents, and at the bottom I found a postage-stamp, which I gave to Mr. Sculthorpe.
JEHU WARREN I am a letter-carrier, in the Portland-street branch-office. Turner and the prisoner are my brother-assistants—I was on duty at the Portland-office on Saturday, 24th Feb., and assisted in delivering the letters that arrived by the three o'clock dispatch from the chief-office—the prisoner was also on duty; he was the principal carrier of the Hampstead-road walk, which includes Ernest-street, Regent's-park—I had the letters for Ernest-street that afternoon; they were sorted first to the prisoner, and then he divided them, and gave me such as I was to deliver, and I delivered them accordingly—he gave me no letter for Mr. Goodborn, 63, Ernest-street, Regent's-park. COURT Q. Does he always divide the letters himself, or is that sometimes done by other parties? A. I never noticed any one else do it; it is the duty of the back-seat, or junior men to sort into walks; the front-seat men never do; I never noticed them do it—it was the prisoner's duty, as a front-seat man, to clear round from these boxes that are sorted into walks; the back-seat men never do that—when the sack arrives at the office it is opened by the porter, and he gives the letters to the back-seat men, who are the assistants of the front-seat men, who sort them into various boxes—there are three or four boxes for the Hampstead-road walk—the letters are put into them, and are taken out by the prisoner, as the principal of that walk.
JOHN TURNER I am the other assistant to the prisoner. I assisted in sorting, and remember the letters being sorted on 24th for the Hampstead-road walk, and then for the Ernest-street district—the prisoner and Warren were on duty—after the letters are sorted to the different districts it is the principal's duty to divide them to his assistants—I believe the prisoner did so on that day—he gave me my portion to deliver, and I delivered them accordingly—he gave me no letter for any person at 63, Ernest-street, Regent's-park.
Prisoner. Q. Is it not customary for the back-seat men to throw them off into three's, as well as the front-seat men? A. Occasionally they do; you usually do it.
JAMES WILSON I am a letter-carrier, at the Portland-street branch-office. Last Saturday I went on duty about six o'clock—I was in the office at five—I had instructions to watch the prisoner—there were two despatches of letters that evening from the General Post-office, called the six o'clock despatch—the first arrived about five minutes past six, the letters were sorted, and about twenty minutes after a second dispatch arrived—they were sorted, and I left at ten minutes past seven, leaving the prisoner there with the inspector—he had not left the office that evening from the time the first dispatch arrived until he went out with his letters for delivery.
WILLIAM HUMPHREYS I live at 63, Ernest-street, Regent's-park, and manage the business for Mr. Goodburn, who lives at Islington. I open all letters that come there, whether addressed to Mr. Goodburn or not—I was at home on the Saturday evening; no letter came to me or Mr. Goodburn, from Mrs. Holderness, of Eton—I was there when Mr. Sculthorpe called, and for four or five hours before.
Prisoner's Defence. I was going into the office to the six o'clock duty, to do the first set, and not the second, as I told Mr. Sculthorpe in my
confusion; I saw this piece of paper, gathered it up, and put it into my left coat-pocket; I did not deny having any postage-stamps; I had had three, a day or two before, one I sent into the country to my wife, and one to my brother in India; I never saw this envelope before I went into the six o'clock duty; the letter might have come up at three, but if it had come up at four o'clock it would not have come into my hands; the fourpennypieces I had for the convenience of giving change for two penny letters out of sixpence; one of them had been in my possession ever since the Friday, and the other I got in change from my dinner-beer; I do not know what letters were on the postage stamps; my drawer was left open from the three o'clock delivery till six; I had one postage-stamp there, if not two; I acknowledged having them in the first instance, and gave every facility for being searched; I did not know what the envelope was till it was taken from my pocket; I forgot I had it till it was taken out. NOT GUILTY
651. ROBERT BROWN , feloniously forging and uttering 2 warrants for the payment of 50l., with intent to defraud Robert Barclay and others; to which he pleaded GUILTY Aged 29.— Transported for Seven Yeart.
Before Mr. Justice Cresswell and the First Jury.
JAMES SUTCLIFFE I live with my father, Henry Sutcliffe, at the Coopers' Arms, Lower Thames-street, in the parish of Allhallows Barking. At the end of Jan. I remember finding something amiss with the house, which induced me to speak to the police—on Sunday morning, 4th Feb., about a quarter to three o'clock, I was called by the police, went down stairs, and found two policemen at the back premises with the prisoner—he had lodged in our house about three weeks—when I went to bed the night before, the doors and windows were all secure.
SAMUEL HARTWELL (City-policeman, 584). On 1st Feb. I received directions to watch Mr. Sutcliffe's premises—on Sunday morning, at two o'clock, I saw the prisoner walk up a court at the back of Mr. Sutcliffe's house—he ascended a wall about four or five feet high, looked round the yard, and seeing a light burning in Mr. Sutcliffe's room; he returned, and came back again at about twenty minutes to three, and got over the wall again; the light was not burning then—he went across the yard, to the cellar-flap, and kneeled down, and I saw him working with something in his hand; he then disappeared down the cellar-flap—as soon as I saw him get over the wall I gave a signal to my brother officer, and he came—I saw the prisoner return from the cellar-flap, and go into an area, towards the water-closet—my brother officer and I got over the wall, and found the prisoner in the water-closet—I searched him, and found on him two cords, a hook, and a very large knife—I called up the people of the house, and took the prisoner to the station.
HENRY BULLEN (City-policeman, 522). On this Sunday morning I was on duty. I received a signal from Hartwell about a quarter to three o'clock, and found the prisoner in a water-closet in Mr. Sutcliffe's yard—he said he went there to sleep.
GUILTY Aged 25.— Confined Nine Months.
NEW COURT.—Wednesday, February 28th, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. MOON; Mr. Ald. CARDEN; and MR. COMMON SERJEANT
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY Aged 20.— Confined Six Months.
GUILTY Aged 20.— Confined Three Months ,
GUILTY Aged 17.— Transported for Seven Years.
GUILTY . Aged 22.— Transported for Seven Years ,
JENKINS pleaded GUILTY Aged 20.
CONNOR pleaded GUILTY Aged 26.
Confined Four Months.
GUILTY Aged 36.— Confined Three Months ,
MR. BALLANTINE conducted the Prosecution, JOHN MORRIS I am in the service of the London Dock Company. On 9th Feb., between ten and eleven o'clock, I was set to watch the second-floor of the West-quay-warehouse—after some time the prisoner went by the boxes of tea; he stooped down, took off his hat, and placed it on the floor—he took some tea from one of the boxes, and put it into his hat—he came back to the place where I was—I took him by the collar, and said, "Holloa! we are both met together"—he made no reply—I gave him into custody.
Prisoner. I saw him there, and thought he might be stealing tea; I took it, to see what he would say. Witness. He did not see me at all—he was not aware that I was there—he was quite in a convulsion when I laid hold of him.
JOHN SARE I am constable of the Docks. The prisoner and the tea were given to me—he had no authority to be there; he was not working there—anybody, having a respectable appearance, could get in—he said if I
would hold out any promise if it would assist him in any way, he would give me the names of his confederates—I told him I dare not make him any tea offer—he said, "I decline to tell you anything."
Prisoner, I said" Confederate;" I had a confederate, who received the from me; I was willing to give him up.
GUILTY Aged 15.— Judgment Respited.
ELIZABETH HAFFEY WALTON I am the wife of Henry Haffey Walton; we live in Bernard-street, Russell-square. On 31st Jan. I was going with my husband through Fleet-street—before I left home I had put my purse in my pocket—it contained a sovereign, a half-crown, and some shillings—in Fleet-street I heard something, put my hand in my pocket, and my purse was gone—I saw it afterwards at Guildhall—this is it.
JAMES RATLIFFE (City-policeman, 375). I took the prisoner and the purse—there was another boy with him—the prisoner did not steal the purse; he was walking with the other boy, and received the purse from him, and threw it away. (The prisoner received a good character)
GUILTY Aged 16.— Judgment Respited.
MICHAEL HATDON (City policeman). About twelve o'clock on 2ndFeb, I saw the prisoners in the Poultry, walking slowly—a gentleman passed by walking fast-they quickened their pace and followed him, and by Bow-church Jeffries took this handkerchief from his pocket and gave it to Smithson—I got assistance and secured them—I spoke to the gentleman; he said he had lost his handkerchief, but I cannot find him, and I do not know his name.
Smithson's Defence. Some one threw the handkerchief down; I took it up, and stood there a quarter of an hour.
Jeffries' Defence. I was looking in a picture-shop, and the officer came and accused me of being with this man—I did not know him.
SMITHSON— GUILTY . Aged 25.
JEFFRIES— GUILTY . Aged 27.
Confined Three Months.
CATHERINE HURLEY I live in Parker-street, Drury-lane. I married the prisoner on 1st May, 1842, at St. Pancras' Church, New-road—he did not tell me he was married—he has left me two years, and allowed me 3s. a week—I found out that he was married.
Prisoner. Q. Can you swear I told you I was single? A. Yes—no one told me you were married—I was only once in prison, that was through you; because I would not thieve, you turned me out of doors—I never did it but once—I took a shawl, you told me to do it,
MARY ANN FLETCHER I live at Point-pleasant, Wandsworth. I know the prisoner—I was present when he married my sister, Susannah Fletcher, on 5th Feb., 1837, at St. Luke's Church, Chelsea—she was alive yesterday morning—his
conduct to her was so brutal that we were obliged to turn him out of the house.
Prisoner. Q. What conduct was it? Witness, When he was first married he said he was exceedingly sorry he had married a Protestant, and in consequence of that he was constantly threatening her, and after a time be left her—one Saturday night he met me; a person told me that he had threatened to murder the first of our family that he met—he met me, and treated me with great violence, I was rescued from him by some gentlemen—we had him up before a Magistrate, and he was committed for three months—after my sister had been confined for a fortnight in our house, he went up to see her, we heard a great noise, and we went up, they were having words, he was saying the child was not his, and he would murder it—he struck a blow at the child's head, which I caught on my arm, and we turned him out.
NICHOLAS HELLINGS (policeman, F 111). I apprehended the prisoner in King-street, Drury-lane—I told him what I wanted him for—he said, "Very well, I will go with you to Bow-street"—on the road he said, "I have not seen my first wife for eleven years; I do not know but that she is dead.
Prisoner, They used me most shamefully; I was only married three months when this woman came and said I assaulted her, and she tried to get me out of my employ at Mr. Bell's; I went several times to the house, and they told me my wife was in the country; they told me at one time that she was at Amsterdam. Witness, She was living at Hampstead, but we were afraid of his going to her.
(The prisoner put in a written defence, stating that, being married to Fletcher without her parents' consent, he was turned out of doors; that they agreed to a separation, and to the prisoner marrying again; but that finding their daughter in the family-way, they were always quarrelling with him, and charged him before the Magistrate with attempting her life.)
JAMES FINCH I knew the prisoner before and since his marriage—his first wife and he did not live agreeably together—I have seen her father ill-use him, and drag him down the passage—I have never heard him threaten to murder the child—I have heard his wife say she would not live with him, and the father and mother said he should not.
GUILTY Aged 32.— Confined One Year.
(The prisoner received a good character.)
Cross-examined by MR. PAYNE Q. Where did you see it last? A. On the van at Messrs. Rowley's, door in Cannon-street—I had a man on the back of the van from Mr. Rowley's to Cotton's wharf.
THOMAS MIDDLETON (City-policeman, 452). I was on duty in Cannon-street, and saw the prisoner going down Lawrence Pountney-lane with this chest of tea on his shoulder at a quarter to six—I took him and the tea—he gave a false address.
Cross-examined. Q. You stopped him in Suffolk-lane? A. Yes; he said a man offered him sixpence to carry it—he turned his head and said, "There
is the man"—I turned; there was no one but a man who was with me, who carried the tea to the station—he said at the station he had just come from Deptford. GUILTY Aged 42.— Confined Eighteen Months ,
666. ROBERT FROST , stealing 1 snuff-box, 1 miniature, and other articles, value 67l.; the goods of the Great Western Railway Company, hit masters. MESSRS. CLARKSON and SIRR conducted the Prosecution.
JOSEPH SCOTT WALLIS I am steward to the Earl of Craven. On 10th Nov. I sent some packages from his house in Ashdown-park—I do not recollect the number, but among them was a box containing a snuff-box, a seal, a wafer-knife, and candlestick—I gave the packages to Taylor to take to the Shrivenham station—I am sure I gave him the box containing those articles—I went to Coomb Abbey, and on the 26th Nov. examined the box there—I found the lock had been broken off—the box had been opened, and was in confusion—the musical seal, the snuff-box, the paper-knife, and candlestick, were gone—I had packed them myself, and had locked it—this is the seal (produced).
DANIEL TAYLOR I am a carrier, living at Ilstone. I received sixteen packages on 10th Nov. to be forwarded to the Shrivenham station of the Great Western Railway—I had a bill of them; this is it—I delivered them to the porters at the station the same day—Edwards was one porter.
HENRY EDWARDS I live at Borton, near to Shrivenham, and am porter to the Great Western Railway. On 10th Nov. I received from Taylor these packages addressed to Lord Craven—some of them were to go to Coomb Abbey—this list (produced) was brought to me—it is signed by the officeporter—the packages were left in the goods' shed from the Friday till the Sunday afternoon—they were then loaded and sent to Farringdon-road by a passenger-train—the goods-train does not stop at the Shrivenham station.
Prisoner. Is it not a usual thing for the goods-train to stop at Shrivenham? Witness. Only when they have cattle.
GEORGE WESTLAKE I am a guard of the Great Western Railway. On 12th Nov. I was guard of the goods-train from Bristol to London—the prisoner was under-guard with me that day—Murch, the proper guard, was not with the train; he stopped at Bristol.
Prisoner. After we leave the station is it not usual to whistle to receive a right signal? Witness. Yes—you answered me with the "All right" signal—if you had been in a covered waggon you could have answered my signal—I did not see you at any station where you ought not to have been—this is the road-bill of that day with my name signed to it—I took up at the Farringdon-road, one truck, for Reading; a horse-box, for Abingdon, and three for London—this is the report I made (produced).
JOHN ALLEN I am deputy superintendent of the goods department of the Great Western Railway at Paddington—a way-bill comes up with the goodstrain—it is checked by an officer—this is the way-bill of 12th Nov. from Shrivenham—there were sixteen packages consigned to Lord Craven—eleven were to go to Coomb Abbey—they came by the goods-train from Farringdon—Westlake was the chief guard of that train—the prisoner was under guard—I had given Murch leave of absence.
Prisoner. Q. This bill arrives with the passenger-train? A. Yes; it is a document of what is coming by the goods-train.
JAMES MURCH I am a guard in the employ of the Great Western Railway—the prisoner was an under guard. I remember seeing him at the Bacchus Tavern at Bristol in Nov.—it was about eight or nine weeks previous
to the 7th Jan.—he had a seal with him which played a tune—this is it—he said it was picked up by a packer on the Eastern Counties Railway, and the packer, not knowing the value of it, it was sold to a porter for half-a-crown, and was handed to him to get it raffled for, that his brother-in-law was getting up the raffle, and there were nearly thirty members down at a shilling a member.
Prisoner. Q. Did I tell you where the porter lived? A. No—you said a porter or a guard.
DANIEL WAKEFIELD I am barman at the Red Lion, Edgware-road. I saw the prisoner at my master's house between 15th and 20th NOT—he had this gold musical seal with him; he wound it up and put it on a pot—he was showing it to a friend who was with him—I asked him to allow me to look at it, and he did—I said it must be of great value: he said it was, but it did not cost him much; he had bought it of a man who picked it up, and had given 5s. for it, and if he sold it he wanted 5l. for it—I returned it—he wrapped it up in paper and put it into his pocket.
Prisoner. Q. Did I say I bought it for 5s., or it was bought? A. You said it was bought—I do not know whether the person with you was a Company's servant.
THOMAS AUGUST I am the prisoner's brother-in-law—he gave me this seal a fortnight or three weeks before Christmas to get it raffled for—I gave it to my brother-in-law Brooks—he said he would raffle it for me.
JOSEPH COLLARD I am principal superintendent of police on the Great Western Railway Line—I went to Old Ford, and saw August and Brooks—I explained to them my object in coming to them—after some time Brooks produced this duplicate of a gold seal.
Prisoner's Defence. We had a long train that evening; between sixty and seventy wagons—my duty was, when the guard blew his whistle to answer him—the wagon that they say this was taken from was covered, and if I had been in it I could not have answered the signal; it was impossible I could be in it and give a light to the guard; it was my duty to be in an open wagon; J could not go twenty or thirty wagons back; I am willing to bring the party forward; I bought it of a porter who said he had it from a packer on the Eastern Counties; it was given me to get raffled, but as they were living in a country place, they could not do so, and all that I could get more than 30s. I was to have for myself; I sent to Mr. Collard, and had he come to me, there is not the least doubt the whole of the property would have been restored.
GUILTY Aged 27.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Cheapside. On 7th Feb. I was by Apothecaries'-hall, and felt something at my pocket—I turned round and collared the prisoner with my handkerchief tucked in his coat—this is it (produced)—I took it from him, and after a great scuffle, gave him in charge.
Prisoner. I picked it up, touched you, and gave it into your hand.
(The prisoner received a good character, and his mother engaged to take him home to Yorkshire.) GUILTY Aged 19.— Confined Six Days
JOHN FRIDY I am mate of the Munis. On 25th Feb. the prisoner asked me to let him sleep on board—I allowed him—in the morning I found the bales in the fore-hold broken open—they contained cloth—I believe this produced to be part of it—William Derecourt is the master of the ship.
CHARLKS FRASER (Thames-policeman, 73). I found twenty-one yards of cloth stowed away in the coal-hole—the prisoner said he had given it to another party, and not knowing where he was, he put it there. GUILTY Aged 29.— Confined Four Months.
MATTHEW EDWIN BISHOP My master's name is William Leschallas—we lost a bag of string on 31st Jan.—I saw it at the station—this is it (produced)—it was behind the door—the prisoner must have gone inside.
FREDERICK HILLIARD On 31st Jan., about six in the evening, I saw the prisoner in Budge-row, near Mr. Leschallas, with a truck—I watched for about three quarters of an hour, and saw the prisoner and a man who is not in custody throw this bale of string into the truck—I watched them to Hamboro-wharf, Tower-street, and asked the prisoner if he was going down the wharf—he said no, he was waiting for a man who had hired him—I took him back to Mr. Leschallas—he then said he hired the truck to get a job, as he was out of work.
Prisoner's Defence. A man hired me to take it.
BENJAMIN HARDT I am a butcher, of Grove-terrace, Brompton. On 5th Feb., about half-past seven o'clock in the morning, I put my coat on my horse's back, at Newgate-market, and left my man to mind it—I returned in five minutes, and found the prisoner in charge—there was an old coat on mine; that was left.
Cross-examined by MR. PAYNE Q. Did not you refuse to give him in
charge? A. I was not willing, but the policeman said I could not have the coat if I did not
WILLIAM HAMPSTON I mind carts, in St. Paul's-churchyard—Mr. Hardy told me to look after his coat—the prisoner came up, and I told a policeman in private clothes to be aware of him, as I knew him—he went round by the side of the horse, took up one coat, and took this one from under it, put it on his arm, and came away with it.
Cross-examined. Q. Did not he throw it into the cart? A. Yes, when the policeman come up to him—I was about three carts away—the coat he left was not so good as this. WILLIAM ALLEN (City-policeman, 263). I saw the prisoner go past the tail of the cart, and take the coat from the horse's back, removing the upper coat—he came from between the carts, a butcher stopped him, I ran up, and be threw the coat into the cart
Cross-examined. Q. How far off were you? A. Eight or ten yards—I am positive the coat did not fall down.
GUILTY .** Aged 22.— Confined Eighteen Months.
(The prisoner was stated to have been convicted four time)
671. JOHN GURLING, DENNIS MARA , and JOHN CLEMENTS , stealing 2 pairs of boots, value 8s.; the goods of William Theobald; and MARGARET REECE and CORNELIUS FORD , for feloniously receiving 1 pair of the said boots. MR. O'BRIEN conducted the Prosecution.
WILLIAM THEOBALD On 30th Jan., about two o'clock, I missed two pairs of boots, which I had seen safe at twelve—I was sent for to Mr. Chapman's, a pawnbroker, and saw Ryan pawning them—I gave her and them in charge—she said she was pledging them for Mrs. Reece, her landlady—these are them—one pair have been worn once.
MARY RYAN On 30th Jan., I lived at Reece's house. About two o'clock she asked me to go out and pawn these boots—she did not say for how much—she said she had bought them for 1s.—I have often seen the other prisoners at her house—I took the boots to Mr. Chapman's.
Reece. Q. Did not I say I wanted 6d. profit on them? A. No; I said at first I would have nothing to do with them.
THOMAS SAWYER I am thirteen years old. On 30th Jan., I was with the prisoners, and a lot of boys, near Mr. Theobald's shop—I cut a pair of boots down, and Mara another pair, Gurling and Clements stood by—they picked up the boots, and away we went up Church-street with them—Clements put one pair on, and I wore them down the buildings, and said he was going to school with them on—we met Ford—he took one of the boots away, and said, "If you do not let me go halves, I will not give you the boot"—we let him go halves—he gave it up, and afterwards pawned them—he knew where we got them—next morning Clements said he took the boots he wore to Mrs. Reece.
Cross-examined. Q. Were there any more boys? A. There was one named Swiftey. I went up to the shop first, and they followed me—other boys were playing not far off—I was charged with stealing pears two years ago from a garden, and had seven days and a flogging—I had ten days for some sweet stuff—I took a puzzle box from a bazaar, but only had to give it up—I was charged with stealing eggs four years ago—I am thirteen years old—I have been charged with stealing about eight times before a Magistrate—I was committed here with the prisoners, but was released on my promise to speak the truth—I am to go back home if they are convicted—Clements
asked us all to let him wear the boots as he had got none—we wanted to get rid of them as soon as we could, and told him not to sell them—he took his own off, and hid them under some shavings, under an archway.
Ford. You did not tell me the boots were stolen. Witness. You said "You have stole the boots;" we said, "We know that;"you said, "Let us look, "and said you would keep the boot, unless we gave you half—when you pawned them, you said you had got 1s. 4d. for them.
Ford. I said Swiftey's mother was in her confinement and tent me. Gurling's Defence. 1 was there, but did not know what they were going to do.
GURLING— NOT GUILTY MARA— GUILTY Aged 12; CLEMENTS— GUILTY Aged 12; Confined Ten Days and Whipped. REECE— GUILTY . Aged 50.— Transported for Seven Years. FORD— GUILTY Aged 13.— Confined Six Months.
JOHN BUTLER I am a shoemaker, of 100, Tottenham-court-road, the prisoner was in my service. On 27th Jan., about half-past five o'clock, I found a boot in my nursery—I went into the kitchen, and asked the prisoner whose it was; she said hers—I asked where the fellow was; she said on her foot—I asked her to take it off—she at first refused, and afterwards took it off—she said she had them made for her in the country—I said" Here are my initials on them"—she said, "that is the maker's name, John Berridge"—I sent for a policeman, and went with him and her to her room—the policeman asked her whose box that was; she said hers, and gave him the key—he found two pairs of boots, one pair had been worn a few times—they were both mine—they had my mark in three places, and have never been sold—I had missed them.
Cross-examined by MR. BALLANTINE Q. How long has she been in your service? A. Between three and four months—her sister was in my service also—she was taken to Marlborough-street—I do not know what has become of her.
Cross-examined. Q. How do you know them? A. By the workmanship; my mark, "J. W." is inside. (The prisoner received a good character, and a witness engaged to take her. GUILTY Aged 20.—Recommended to mercy. — Confined Four Days.
HANNAH HUSSBY My husband's name is Richard; we live at Vauxhallbridge-road. On 28th Nov., I had a shawl safe on a nail in the passage, at 34, New Peter-street—I missed it—this is it (produced)—there are two or three tears in it, from a pin, and I know it by the colour as well.
MARY ANN BUMPSTBAD I am a servant, and live at 5l., Wells-street. The prisoner gave me this shawl one day after Christmas, and told me he had bought it—he kept company with me—I knew him by living opposite him.
HENRY WRIGHT (policeman). I took the last witness into custody for steal ing the shawl—she said George Cooper gave it her—the prisoner came to the station to-enquire how she was getting on—I took him—he said he bought the shawl of a man.
Prisoner's Defence. I bought it in the street for 3s.
OLD COURT.—Thursday, March 1st, 1849.
PRESENT—Lord Chief Baron POLLOCK; Mr. Justice CRESSWELL Sir CHAPMAN MARSHALL Knt., Ald.; Mr. Ald. GIBBS; Mr. Ald. HOOPER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fourth Jury.
JAMES DRAKE I am a lath-render, of Fitzroy-row, St. Pancras; the prisoner worked in the same shop. On the Tuesday before I went before the Magistrate, about ten o'clock at night, we were at work—the prisoner, who stood alongside of me, asked how I was getting on—I said, "Very bad; I have broken my saw"—he said, "It's a b—y good job if you had broken your b—y head"—I asked," Why?"—he said, "Because you are a snob"—I said, "There are more snobs than one"—he came, and pitched into me right and left, with his fists, four or five times—I had done nothing to him—he had been drinking a little; I had not—I threw a small piece of wood, which I had been chopping, at him—he picked up my axe, which had fallen from the block in the scuffle, and hit me a tremendous blow on the back of the head with it; I bled tremendously—he was put out the front way by Thomas Ring, and I and two mates went out the other way—in about two minutes I saw the prisoner and another man coming; he said, "I want you"—I ran in-doors—Ring took the axe from him—I ran up-stairs, and he burst the door open after me—I went to the hospital.
Cross-examined by MR. O'BRIEN Q. How long were you at the hospital? A. 1 came away that evening, when I had had it dressed—I had the axe in my hand when he made the first hit at me—it was with the back of it that he struck me—it was not with the piece of wood that I threw at him; that was a very small piece—he struck me with a piece of wood as well—I went to the hospital eight or nine times to have my head dressed.
GEORGE GUEST I am a lath-render. On 2d Feb. I was cutting wood—the prisoner spoke to Drake; a few words passed which I did not hear—Bryan rushed at him, and hit him in a dreadful manner with his fist, kicked him several times, and got a lump of wood and hit him on the back—Drake threw a little bit of wood at Bryan, and made his nose bleed—the axe stood on the side of the block, Bryan took it up, and hit him once on the head, and once on the back, with the back of it—he bled.
Cross-examined. Q. Has not Bryan been very ill? A. I do not know (the prisoner had been in the Infirmary at Newgate)—he kicked Drake in the eye, before Drake hit him with the wood on the nose.
charge—I intimated that he would be charged with this—he said he did not deny striking him with the axe, but he provoked him by striking him first. GUILTY of an Assault. Aged 31.—Recommended to mercy. — Confined Six Months.
Before Lord Chief Baron Pollock.
WILLIAM FREDERICK SEIHLER I am a dock-labourer. On 11th Dec, about half-past eight o'clock at night, I went into a public-house in Fieldgate-street, Whitechapel—there was to be a raffle, and a young man named Middleton had asked me to come and take the numbers for him—I went up-stairs; there were about twenty men and women there; they began throwing the dice for a silver punch-ladle—the prisoner was there—an elderly female sung a song, and then the prisoner began to sing a song in a foreign language—some of the females began to laugh; he jumped up from his seat, and said, "You d----d b----hes, I will kick your b----d a----s;" they said, "Who do you call b----hes?"—I said, "Friend, take my advice; you are in the wrong, sit down"—he swung his hand round; I saw a polished thing, I cannot say what, and felt a tremendous blow on my forehead; the blood gushed out; I was insensible, and was taken to the London hospital, and remained eleven weeks—I am sure it was done by the prisoner—I should say he was perfectly sober.
Prisoner. Q. What time did the publican order the fiddler out? A. Before I went there—I was struck about half-past eleven o'clock—I was in the hospital before twelve—I was not struck before you sung—I spoke to nobody but you—I did not know the persons there.
FREDERICK PEACHEY I am a dock-labourer. I was present; the prisoner sang a foreign song, and got up, and said, "I will kick your d----d a----s"—I do not know who to, but there were three or four females sitting there-* they said, "Who are you calling b—hes?"—I did not see Seihler do anything, but the prisoner got up, took this instrument (produced) out of his pocket, and struck Seihler on the forehead with it—he threw it, and kept the string on his wrist—Seihler fell; the blood flowed; and I went for a policeman—I afterwards picked up the instrument, and gave it to a young man named Smith—the prisoner had been drinking that evening, but I did not see that he was the worse for liquor.
WILLIAM BROWN On 11th Dec. I was at the Prince of Orange—the prisoner was singing a song—some women were laughing; he said, "I don't know what you are laughing about; I have a good mind to kick your backsides"—he jumped up, with a bright thing in his hand, and hit Seihler on the forehead.
Prisoner. Q. Who was it that called your sister-in-law "A little cat?" A. I did, first—Seihler called some one the "Son of a b—b:" I never saw Dale struck; I saw some blood coming out of his head afterwards.
EDWARD WIGLEY (policeman). I took the prisoner three days afterwards, and told him the charge—he said, "That be d—d for a tale!" and struck me on the side of the head, and made great resistance—I got assistance, and took him to the station—on the way to the Court next day he said it was a bad job; that the life-preserver was given to him by a female, about ten minutes before; and it was all through Brown he got into it.
was brought there—I saw him next morning—he had a wound, an inch long, above the left eye, penetrating to the bone—it was not dangerous, and the dressers did not call me up, but it was likely to be followed by dangerous consequences—this instrument would produce it; a good deal of force must have been used, as the edge is not very sharp—he has been in great danger, and has lost the sight of his left eye.
Prisoner. That thing never struck him; he was struck with the handle of a knife. Witness. Any similar blunt surface would produce such a wound; the handle of a common knife would not—it is not a cut, but a contused, wound.
Prisoner's Defence. Brown is my lodging-master, and took me to the raffle; the old woman who won asked me to sing; Brown said, "Don't sing; they are sure to laugh;" I said, "I don't care," and sang; a young woman said something; Brown said, "You d—d b—ch, what are you laughing at?" Seihler jumped up, and said, "Be d—d if you kick anybody's backside while I am in the house; Brown said, "That is nothing to you," and struck him with the handle of a knife, and Dale at the same time, right in the head, with the same knife; Brown had this instrument, and gave it to a young woman; I do not know what became of it afterwards; I was drunk; there were twenty of us in the room, and they all know that Brown knocked Seihler down, and struck his head; this thing is not for fighting; it fell out of my pocket, and Mrs. Brown picked it up; I did not know it was in my pocket when I left home; Seihler was never struck with it.
GUILTY on 2d Count. Aged 26.— Confined Twelve Months.
Before Mr. Justice Cresswell.
675. SAMUEL COOPER , feloniously accusing Henry Charles Sellers, clerk, of having assaulted him with intent to commit b—y, with intent to extort money.—Other COUNTS, for accusing Mr. Sellers of having attempted, and having solicited him to commit the said crime, and varying the manner of stating the charge.
MESSRS. BODKIN and RICKARDS conducted the Prosecution.
WILLIAM GRANT (police-sergeant, A 5). On the night of 9th Jan. I was on duty at the station-house in King-street, St. James's. The Rev. Mr. Sellers was brought there in the custody of an officer named Cronin—the prisoner came with them, and made a charge against Mr. Sellers—he said, "I charge this person with indecently assaulting me"—I asked him in what way—he said he was on duty at the Duchess of Kent's residence, and the gentleman passed him, and went down as far as the Park-gate, leading into St. James's-park; that he then turned back under the Duke of Sutherland's wall, and when he got opposite the portico of the Duchess of Kent's he crossed over to him, and stood under the portico; that he then said to him that it was a wet night, and he (Cooper) said, "Yes, it is, Sir;" that the gentleman asked him who he was keeping guard over, and he said, "The Duchess of Kent, Sir;" and that the gentleman repeated the expression, altering the word "Kent" and substituting an indecent word; that the gentleman then caught hold of him by his private parts, and he then caught hold of him and took him to the guard-room—Mr. Sellers said he did not indecently assault him, neither did he make use of that beastly word which the soldier said he did—I asked the gentleman his name, and he said, "Am I obliged to give my name?"—I said, "You are not obliged to give it
here, unless you choose, but you will be obliged to give it to-morrow"—he refused to give it—I saw him searched by the constable who brought him, and two 5l.-notes, some gold, and a gold watch, were taken from him—he was detained at the station that night. Cross-examined by MR. BALLANTINE. Q. What time of night was this? A. About half-past eleven o'clock; it was raining, and I think it had been for about an hour—Mr. Sellers had no umbrella; he had a fine cloth greatcoat on—when a person is given in charge on such a charge at this we are bound to take him before a Magistrate.
WILLIAM DYOTT BURNABY . I am chief-clerk at Bow-street police-office. On 10th Jan. Mr. Sellers was brought there, before Mr. Henry, the Magistrate, in charge of Grant—there was no name on the charge-sheet at first, and I asked him his name—he said, "l am a clergyman; am I obliged to give it;" the Magistrate said, "You are obliged to give it," and he then gave his name "Rev. Henry Charles Sellers, curate at Send, near Guildford"—the prisoner was then sworn and examined as a witness—I took his statement down, and he signed it—(reads—"Samuel Cooper, on his oath, saith as follows: I am a private in the second battalion Scotch Fusilier Guards. I was posted as sentry last night, 9th Jan., at the Duchess of Kent's door, in Palace-yard, about half-past ten. I observed the defendant coming towards me, smoking a cigar. He went towards the Milkhouse-gate, leading to the Park, and through one gate and returned immediately by another, and walked by the side of the wall of the Duke of Sutherland's house. He crossed over towards me, and said to me, 'It is a wet night.' I said it was. At this time I was standing under the portico of the Duchess of Kent's house, and he was still smoking. He asked me who I was keeping guard over. I replied, 'The Duchess of Kent.' He said, 'Did you say the Duchess of?' substituting another word. I said, 'No, Sir; the Duchess of Kent.' He immediately caught hold of my private parts as he said those words; and I at the same time seised him by the collar, and took him to the guard-room, where I left him in charge of the sergeant of the guard. At the time he laid hold of me by the private parts he did not say a word to me. On my way with him to the guard-room he said, 'I have done nothing to you.' I said, 'You have, Sir.' I think he was perfectly sober at the time. I had my great-coat on, and the defendant put his hand under it when he seized me by the private parts. I have been twelve years in the regiment, and in the same batallion.'")—Mr. Sellers was called on to find bail to answer the charge at the Sessions, himself in 500l., and two sureties of 250l. each.
Cross-examined. Q. Did Mr. Sellers make any statement? A. Yes; I took it down in writing—he was duly cautioned—(reads—'I asked him the question who he was keeping guard over, and when he answered, I repeated the same words that he did. Such a thought as he alleges against me never entered my head. I am completely at the mercy of the man. I utterly deny the charge. I had a cigar in my mouth. I remained some time under the shelter of the portico. I was going as far as Pimlico, but it rained fast, and I stood for shelter under the portico. I stayed there sometime, and then I spoke to the man, and he seized me. I am a clergyman, and curate of Send, near Guildford.'")—I have got the charge-sheet here—when it was brought to me I fancy there was no name on it (looking at it)—I may be mistaken in that—I find here, in my own handwriting, "Send, near Guildford, a clergyman"—it is my impression that there was no name, because the name of "Henry Sadler" is in another handwriting—(The charge-sheet being read, the name of "Henry Sadler, Send, near Guildford, clergyman" appeared as the party charged with indecently assaulting the complainant while on duty in the Stable-yard, in the parish of St. James's. Signed, S. Cooper.)
JOSEPH KILLSBY . I am in the employ of the clerk of the peace for the county of Middlesex. I produce two bills of indictment, one presented at the Clerkenwell January Session, and the other at the adjourned Jan. Session it Westminster—(These being read, charged Mr. Sellers with indecently assaulting Samuel Cooper; both were endorsed, "Not Found." The names on the back of the first bill were, "Paul Cronin and William Grant;" and on the second, "Samuel Cooper, William Grant, and Paul Cronin."')
Cross-examined. Q. Did you prepare the indictments? No; the person who did is not here—they are prepared by the instructions of the policeman and witnesses, in the indictment-office.
REV. HENRY CHARLES SELLERS . I reside at Send, near Guildford. I am curate of that parish, and have been so nine months—before that I was curate at Sibble Headingham, near Halstead in Essex, for three years—I am of the University of Cambridge—I have been married a year and a half—I came to London, from Send, on 9th Jan., in consequence of a communication which I received from Sibble Headingham, where my wife was staying with her sister, being in delicate health—I arrived in London by the train, which arrives at Waterloo-station at half-past six o'clock; but I think it was rather late—I proceeded to the Bell and Crown, Holborn, and engaged a bed-room there for the night—I bad a carpet-bag with me, which I left there—I then went as far as Oxford-street, and made a call at a shop there—I then went to a tavern in Rupert-street, Coventry-street, to get some dinner—I should think it was between nine and ten when I had finished my dinner—I then went down as far as the Treasury—I have a friend, named Middleton, residing at Upper Eaton-street, Grosvenor-place—it was my intention to visit him—from the Treasury I returned, and went along Pall-mall to St. James's, along the path that leads under the portico of the Duchess of Kent's house—as I passed under the portico I saw there was a soldier there—I went through the iron gates into the Park, and then returned, because I fancied the rain increased—I came back to the same portico, and remained under it—the soldier was there still—whether I said to him, "It is a wet night," or he first addressed me, I am not positive; but I said before that I addressed him, saying, "It is a wet night"—my doubt is, whether I addressed him saying that, or whether I assented to what he said—he said, "It is," or words to that effect—I then asked him who he was keeping guard over, and he said, "The Duchess of Kent;" and I repeated the words after him, "Oh, the Duchess of Kent"—on my oath I did not, in the slightest degree, alter the pronunciation of that word; I did not think it—he seized me by the collar, and used words that I do not exactly recollect, to the purport of my having indecently touched or assaulted him—on my oath I had not touched him, or attempted to do so—he proceeded to take me to the guard-room—I believe we passed another sentry at his post, but I did not notice—we found a lot of soldiers in the guard-room—the prisoner asked for the sergeant, and said, "I charge this man with indecently assaulting me"—I denied it, and asked to see the officer of the guard—I was told it was a police-case, I could not see the officer—a policeman was sent for, and I was given into his custody—while I was in the guard-house 1 did not hear the prisoner charge me with having made use of any indecent expression—I was then taken to the station-house—the prisoner went with me, and made a charge against me—I was asked ray name—I said, "Am I obliged to give it?" or something to that effect—they said, "You are not obliged to give it now, but you will have to give it in the morning, at the Court"—I then refused to give it—this
(produced) is the watch I had with me, and I also had some bank-notes and money—I was detained at the station that night, and taken to Bow-street on the following morning—at the station, before I went to Bow-street in the morning, a policeman came and said to me, "So you refuse to give any name," and I said, "You may say Henry Sadler"—at Bow-street, Mr. Henry, the magistrate, questioned me about my real name—I first gave the name of Henry Sadler—Mr. Henry then asked me if that was my real name, and I said, "l am a clergyman; am I obliged to give my real name!"—he said, "Yes," and I immediately gave it, and my address—the prisoner was then examined in support of the charge—I was called upon to find bail—I remained in confinement till that was done, and was then liberated—when I left Rupert street, after my dinner, it was drizzling, or raining a little, I think—I afterwards got a cigar on my way, lighted it, and was smoking.
Cross-examined. Q. Where did you get the cigar? A. In Princes-street, I think, at the corner of Coventry-street, immediately after I left Rupert-street—I then proceeded to the Treasury—I had no business in that neighbourhood, I merely went for a walk—before I got to the Duchess of Kent's I had lighted another cigar—I merely went to the Treasury and turned back—it was drizzling a little the whole time—I had no umbrella—when I got into the open part, I perceived it had increased—I had passed the spot where I saw the soldier standing on the first occasion—I first took up my position some distance from the soldier, but when I spoke to him I turned round—I had my back to him at first—I do not suppose I was altogether under the portico more than three minutes—I was not above half a yard from him when I spoke to biro—I do not recollect how I was standing, or how my hands were—I do not know whether I was near enough to reach him with my arm—I do not think it is at all possible that I could have touched him accidentally—I swear I did not touch him—I could not have touched' him but intentionally—I had no notion of such a charge until he mentioned it—I should say positively I did not touch him while speaking to him—I knew that this was the Duchess of Kent's—I am not a stranger to London—Mr. Middleton did not expect me; he is a bachelor—I did not send for him this evening—I did not say, when the charge was made against me, that I was going to see Mr. Middleton—this matter occurred at a little after half-past ten—I intended to return to Holborn to sleep—I had not, when I came out, intended to call on Mr. Middleton.
MR. BODKIN. Q. Was the portico the first place of shelter you reached after leaving the park? A. Yes—I certainly did not insert my hand under the prisoner's coat, and place it on his private parts—it was utterly impossible for anything of the sort to have happened by accident—before I went into the country 1 was curate at St. Ann's, Soho, for two years—I merely asked the prisoner, as I was standing there, who he was guarding—it was not for the purpose of information—I believe it was half-past eleven when the charge was preferred against me at the station. JOHN GEORGE MIDDLETON I am the son of the late Admiral Middleton, and live at 6, Upper Eaton-street, Grosvenor-place. I have known Mr. Sellers intimately for twelve years—I was at the same college with him at Cambridge, and have kept up my intimacy ever since—I visited him at Send just before Christmas—he constantly visited me on his coming to town at different hours—I usually dine at the Parthenon Club, in Regent-street, and spend the greater part of the evening there—I invariably return home after ten o'clock—Mr. Sellers would most probably know that, he may occasionally have visited me as late as that.
Cross-examined. Q. Did he ever visit you so late? A. Yes; I think it was on the night before the funeral of the Duke of Sussex—I did not then expect him—I was living in the same place then—I live in apartments, quite alone—when I dine at the Parthenon I generally remain there till near ten—I was at home on this night.
WILLIAM PRICK . I am a private in the second battalion of the Fusileer Guards, the same battalion to which the prisoner belonged—I have been in the battalion eight years on 15th April. On the night of 9th Jan. I was on duty at Sir Henry Wheatley's door, which is between the sentinel at the Duchess of Kent's door and the guard-house—about twenty or twenty-five minutes past ten I saw the prisoner pass by where I was posted, close to me, with the gentleman—he had hold of his collar with his left hand, and had his gun in his right—I cannot say whether the bayonet was fixed or not—a man is supposed to have it fixed when he is sentinel—supposing a sentinel wants assistance, it is his duty to call to the next sentinel, and if he is too far off to hear him there are plenty of people passing by—I was near enough to hear him if he had called—if I had heard him call I should have called to the next sentinel, who was at the guard-house door—a sentinel is not allowed, under any circumstances, to leave his post—I left my post that night at about ten minutes to twelve—I then went to the guard-house—the prisoner was there, and said he was very sorry he had had anything to do with taking the gentleman in charge, but the old b—did not offer to spring up with anything, or be would have let him go; he said it was a pity but what he had been on the Colour-post, or some other post, where there had not been so many people about, when he would have had all the b—lot he had got, money, rings, watch and all—he said it was a beautiful little gold watch, about the size of a half-crown—I said to him, "A watch is a very dangerous thing to have anything to do with"—he said, "Oh, I would have put that out of sight for three or four days; I would have swallowed it"—he stated that the gentleman had refused to give his name when he got to the station, but he gave it after a time, and he said what he saw taken from him—that he would not give it up, but it was taken from him by force—he said he saw some notes, gold, silver, a half-mourning ring, and a watch—that was all I heard him say—I was tired and went and laid down.
Cross-examined. Q. Did any one else hear that? A. There were several sitting round the fire, near enough to hear, but I did not notice who they were—it was said quite publicly—I do not know what I meant by saying a watch was a dangerous thing to have; I merely said it—he would have the means of putting other things out of the way, but a watch he could not—I made the observation on the supposition of his having come by it dishonestly—I did not mention this conversation to anybody till it might be nine days afterwards, when we were all talking together round the guard-room fire—I first told Whitlock, a corporal—I cannot say whether Mr. Sellers' case had then been disposed of—I did not hear what became of it—I did not know Mr. Sellers was to be brought up the day after this conversation took placeit is a rule, I believe, for a man to appear when he has committed himself—I did not inquire where he was to be taken to—I have been in trouble several times through being absent and drunk—I think I am between twenty-five or twenty-six years old—I never quarrelled with the prisoner—I never was in his company—he belongs to one company and I to another—I never said I would do for him, or anything of the kind—I never said I would give him a lift some day—I never asked him to lend me money—if I wanted to borrow money there are men in my own company to lend it me—I never asked him
for money—he has never refused to let me have any—I cannot say whether any of the other men who heard him say what I have repeated are here—I did not take notice who they were—I did not take any notice or speak when the prisoner passed me with Mr. Sellers—I was in my box at the time—I made no observation when he came back again without Mr. Sellers.
JOHN STEWART I am a private in the Fusileers, in the same battalion as the prisoner—I remember a conversation on the subject of this charge in the barrack a day or two after the 9th Jan.—there were several soldiers present beside the prisoner—the prisoner stated that he was on sentry at the Duchess of Kent's, about ten o'clock, and a gentleman came up to him at his post, and remarked that it was a wet evening, and inquired whom he was gentry over? to which he replied, "The Duchess of Kent," and the gentleman replied," Oh! the Duchess of—," that the gentleman then put his hand under his, the prisoner's, great coat, on his private parts, on which he took him into custody, and took him to the guard-room—he then described the property that was taken from the gentleman at the police-station—he said there were notes, gold, and silver; I cannot recollect the amount, and that there was also a gold watch, and he said if he bad been on the Colours a b-----y end to him, but he should have had the whole lot, gold watch and all—there is a post called the Colours in the yard of the grand entrance of St. James's Palace—it is in what is called "Colour-court"—it is a more private place than where he was on sentry.
Q. Have you ever upon former occasions when he has come off guard seen money in his possession? A. I have on one occasion, and have heard him make statements as to the mode in which he has become possessed of money.
MR. BALLANTINE objected to the reception of evidence of this nature, it having no relevancy to the particular charge, and only tending to create a prejudice against the prisoner in the minds of the Jury, by bringing two felonies before them at the same time.
MR. BODKIN urged its admissibility as showing the intention of the prisoner in the act which he did, in the same way as more than one uttering was proved in cases of forgery, or uttering counterfeit
COM. MR. JUSTICE CRESSWELL was of opinion that the question being whether the act done, was done with a view to produce a particular result, it was material to show out of the prisoner's own mouth, that he was aware that the course he was pursuing was likely to bring about that result, and that upon that ground the evidence was relevant, and admissible.
Q. What have you heard the prisoner state on other occasions as to the mode in which he obtained money? A. On one occasion, about the year 1845, at the Wellington barracks, St. James Park, he had some money in his hand, and he said he was on sentry at the milk-house gate, and saw a gentleman coming along in the direction of the Duchess of Kent's, that when he came up to him he seized him by the collar, took him to his sentry-box, and either got, or took his money from him—I saw the money—I recollect there was a sovereign, there might have been more.
Cross-examined. Q. Did you inform your superior officer then that this man had committed a robbery? A. No—I did not inform the police—I certainly considered it was a robbery—I was a corporal once—I was degraded from that rank—I have been tried once by a Court-martial for not reporting myself to the proper officer on returning off duty, and for absence—that was when I was degraded—that is the only time I have been tried by Courtmartial—I have had no other charge against me—I have never been in the
custody of the police—I was never charged with forgery, or anything of the kind.
JOSEPH. WALKER I am a private in the same battalion and company that the prisoner belonged to—I was at the guard-house on the night of 9th Jan.—the prisoner was there—I came in that night off sentry about ten minutes past twelve—the prisoner said he had given a gentleman in charge that night, who had given up some notes, gold, and silver, and a watch, and if he had been on the Colour-post he would have had the lot—in the barrack-room, a few days after, he stated if he had got a sovereign, Mr. Sellers might have gone to hell—when he has come off duty I have heard him say that he has got money from people; he did not say how he got it—I heard him say so as many as three times, and when he has come off duty I have seen him with silver.
Cross-examined. Q. Have you ever shown money in the same way? A. No; nor anything else—some of my comrades might have done so, but they are not here, and I do not wish to speak against them—I cannot say whether they have or not
COURT Q. Have other soldiers in your company said the same sort of thing? A. Why, yes.
MR. BALLANTINE Q. Did not you once show a watch to some of your comrades? A. I have never had a watch since I have been a soldier; I never showed one—I never asked the prisoner or anybody else to get rid of one for me.
THOMAS BRYANT I am a private in the same battalion with Cooper, and have been so twenty years—I was in the guard-room the same evening this charge was made against Mr. Sellers, and heard Cooper say if he could have got a sovereign the man might have gone to hell; and if he had been on the colour-post he would have had all he had got—I have heard him speak on different occasions of his having got money while on guard—I never heard him say in what way he got it.
THOMAS DUNAWAY I am lance-sergeant of the second battalion of Fusileer Guards—the prisoner was under my orders—it is my duty to station the men at the different posts in the stable-yard, and that neighbourhood—I have heard Cooper boast that he has taken money of the public while on guard—he never represented in what way—he said he had done so, and would do so—I have heard him say if any one spoke to him while he was on duty he would knock them down.
GEORGE THOMAS BEAUMONT I am clerk to Mr. Cocker, Mr. Sellers' attorney—on the day Mr. Sellers was committed I went to the Bell and Crown, in Holborn, and obtained a carpet bag there—I asked for it in Mr. Sellers' name—I took it to the house of Detention to Mr. Sellers—I also paid for a bed on Mr. Sellers' account.
MR. BALLANTINE submitted that this indictment, framed under 7 and 8 Geo. IV. c. 9, sec. 8, was not supported by the evidence; the charge preferred by the prisoner against Mr. Sellers, only amounting to an indecent assault, and not to a solicitation to commit the crime imputed. MR. JUSTICE CRESSWELL considered that the very nature of the assault might involve a solicitation, and that he must so leave it to the Jury.
GUILTY Aged 29.— Transported for Fifteen Years.
NEW COURT.—Thursday, March 1st, 1849.
PRESENT—Mr. Alderman MUSGROVE; Mr. Alderman Moon; MR. COMMON SERJEANT; and EDWARD BULLOCK, Esq.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY Aged 19.— Transported for Seven Years.
MR. PAYNE conducted, the prosecution.
JANE HANNAH FLEETWOOD I am the wife of John Fleetwood—I am house-keeper at Barge-yard Chambers. On 3d. Feb., between two and three o'clock, I sent Elizabeth Morton to Mr. Harrison to get 2l. 13s. 2d—I did not receive the money—from information I went over to the Borough, and found the prisoner in a house in Red Cross-street—she had been in my service, and had left my place without bonnet or shawl the same day—I asked her what she had done with the money that Betsy gave her to bring to me—she said, "So help me God, she never gave it me"—I said, "It is nonsense to say that, you know Betsy did give it you"—she then said, "I have not the money about me, if you find it about me you may have it"—I said she must go back—she swore she would not go over the water again that night—I got a policeman and gave her in charge—she said she had put the money behind the door in the coal-cellar—I looked in there, and in the water-closet, and could not find it.
Cross-examined by MR. PARNELL Q. Where did you have this conversation with the prisoner? A. In the street partly, and partly in the house—it was the first time I saw the prisoner after sending Morton for this money—she had no right to receive money for me.
MR. PAYNE Q. How long had she been with you? A. Only a fortnight—Morton had been with me two years, and had always received money. ELIZABETH MORTON. I am servant to Mr. Fleetwood. On Saturday, 3d Feb., I was sent for some money to Mr. Harrison—I went and got two sovereigns, one half-sovereign, a half-crown, a sixpence, and four halfpence—I had a bill—I gave the bill and the money to the prisoner as she was going up stairs, and asked her to be so kind as to take it up to my mistress and get the bill signed, and she did.
Cross-examined. Q. How much money had you in your pocket? A. None at all; it was precisely the same money I received that I gave to the prisoner—I had a pain in my stomach, and was obliged to go to the water-closet.
GUILTY Aged 17.— Confined Four Months.
MR. HORRY conducted the Prosecution.
WILLIAM CHALKLEY I am porter to Mr. William Barker and another, twine-manufacturers, 59, Watling-street. On Thursday night, 8th Feb., at half-past six o'clock, I had occasion to take a letter two doors off—when I went out I saw a cab at the door of my master's warehouse—there were three men with it; Smith was one of them—they were lifting a bale on the box of the cab—I saw Callingham, but I did not take so much notice of him as I did of the other—they were all lifting the bale—I did not tee any one enter the cab—I saw Smith open the cab-door, and I saw him shot it—he then ran round behind the cab, ran past it, and up towards St. Paul's, and the cab followed him—(I had seen the cabman run round on the off-side and get on the box)—I know the bale—I observed the mark on it as they lifted it up—when I got into the warehouse, John Clarbour spoke to me about the bale, and, in consequence of what he said, 1 went after the cab—I saw it run along Watling-street—I was some distance behind it—I chased it till I got to St. Paul's Church-yard, and there saw it draw up to the side of the pavement, and Smith got on it: he sat on the seat, with his legs across the bale, which was outside—I chased them down Ludgate-hill—I called out, "Stop that cab," and "Stop thief!"—I should think the driver could not have heard it, I was too far behind—I lost sight of it in Blackfriars-road—I saw a policeman running very hastily after it.
Smith. Q. Did it not rain very hard that night? A. It did, but not at that time—I brought the letter out in my right-hand, open—I had to take it for an answer.
JURY Q. How far were you from the door? A. About twelve yards at the outside.
JOHN CLARBOUR I am clerk to Messrs. Barker. I saw this bale safe in the passage adjoining the shop—I missed it before Chalkley came back—I desired him to go after the cab—the bale was my master's property, it was worth 6l. 15s.
RICHARD WILLIAM WHITE (City policeman, 360.) On Thursday evening, 8th Feb, about five minutes before seven o'clock, I heard an alarm, and went in chase of the cab—Callingham was driving, and Smith was sitting on the box with his legs hanging on the bile—I called out," Stop that cab! "and" Stop thief!"—I was at that time six or seven yards from the cab—I saw both the prisoners look round, and when they saw me gaining on the cab, Callingham whipped the horse to make it go faster—they got out of my reach, went down Ludgate-hill and down Bridge-street to the foot of the bridge—I there became exhausted, and told Burchall to follow them.
Cross-examined. Q. Did you run on the road or the footway? A. On the road—I was behind the cab nearly the whole time—it was a green cab, as near as I could judge—it was taken, but we have not got it—I did not take the number—both the prisoners looked round, Smith to the left, and Callingham to the right, and Smith once rose up as well as he could, and looked over the back of the cab—that was when I was on the bend of the hill.
JAMES BURCHALL , (City policeman, 317.) About twenty minutes before seven o'clock, I observed the cab, and heard the cry—I caught hold of the hind part of the cab on the bridge, but they still kept driving on—I followed, thinking they might stop, or slacken their pace—when they got to Friar-street, Blackfriars-road, they slackened to go up Friar-street, I ran up by the
side of the cab, and desired the cabman to stop, which he did—that was Callingham—Smith got down directly, and I took hold of him—he asked what I wanted—I said I was desired to stop the cab, and I thought it was my duty to take him—he made no answer—Callingham made some reply that he was ordered to drive as fast as he could; I do not know that he mentioned by whom—I asked Smith where he was going to take the bale—he said he was going to take it to Horsemonger-lane, and he brought it from Watling-street, where it was given him by two men, one was a gentleman and the other a porter.
Cross-examined. Q. Did you take the number of the cab and the number of the driver? A. Yes, I have his badge here.
Smith. Q. On which side did you come? A. On the near side of the cab, on your side—you were sitting with your legs crossed on the bale.
Smith's Defence, On that night it was raining very hard; I stood by the side of the door; the porter came out of the warehouse; I saw him deliver the letter; he was waiting for an answer; a cab drove to the door; a gentleman and a porter went inside and rolled the bale out; they had a difficulty in getting it up, and I ran to their assistance and pushed it up with them; the porter then went away, and the gentleman said, "If you have no objection to go with the cab to Horsemonger-lane, I will pay you;" I said, "Very well;" the cabman drove on; I ran round to get on the box; I could not catch it till it got to St. Paul's Churchyard; I got up there; I had no money to pay the cab, nor did I hire it.
SMITH— GUILTY Aged 26.— Transported for Seven Years.
CALLINGHAM— NOT GUILTY
680. JOHN WILLIAM STEVENS , stealing 402 yards of fishing-line, value 2l. 10s., the goods of Susannah Reynolds and another, his employers; and THEODORE TUCKER , feloniously receiving the same: to which STEVENS pleaded GUILTY Aged 13.— Confined Five Days.
MR. BALLANYINE conducted the Prosecution.
JOHN WILLIAM STEVENS (the prisoner). I shall be fourteen years old on 29th Mar.—I work for Mrs. Reynolds, a fishing-line maker; the lines are kept on a shelf in the higher shop—I could take them—I was not in the habit of taking them, but Tucker told me to take them—that was about the beginning of last summer—I took these lines that are here—I took some of them up to Tucker's house, No. 16. 1l. 2, West-street—I gave them to Tucker—he did not pay me for them—he used to go to work, and he said, if I waited till Friday-night he would give me 2d., or a few halfpence—he sometimes gave me 2d. and sometimes 1d.—he told me to get as many as I could, and he would let me be in his raffle for his garden-board for nothing—I was in it; I did not get it—I did not get anything else from him—he said he would make ma a fishingcan, but he did not—I do not think I took him more fishing-lines than there are here, but I cannot say how many—when I was taken I told the whole story—there was no promise made to me before I told it—the policeman told me to tell the truth, and that would be the beat for me, and as I was going along I told him the whole story—Tucker told me to get him a gold lace hatband for his child, but I did not.
Cross-examined by MR. PAYNE Q. When did you first take him any lines? A. Last summer; I sometimes took him 100 yards—I think the last I took him was one of these yellow ones—I sometimes took him a bit of scarlet—I got them from my mistress's top shop—I was left there alone sometimes—I
knew it was wrong to take them, but Tucker told me to get them—I told him I would tell my mistress; but he kept asking me, and asking me—I did not tell my mother because he threatened to hit me if I did—I got acquainted with him by seeing him at 16 1l. 2, West-street—my mother's room and his used to look into one another; and when my mother went out, Mrs. Tucker used to come in to look at the fire—the first time he spoke to me, he said; "Let us see, what do you work at?" I said, "Anything; I wind cotton to make fishing-lines sometimes"—I said my mistress tasked me—he said, "What at?"—I said, "At fishing-lines"—he said, "Get us one, will you?"—I said, "I will tell my master."—he said, "If you do, I will hit you; "then he did not speak to me any more for two or three weeks—I used to go to play in his room with his little child; and then I got one line—he said, "Are these the sort?"—I said, "Yes,"—he told me to get as many as I could, and he said he would make me a fishing-can and rod in the summer; and he gave me a few half-pence—I made some of the lines myself; pretty near all of them—my master said if I did sixty yards a day, I might go home if I liked; but if I stopped he would pay me extra for it—these lines were only a small part of my master's business—he made braid and gold lace: I did not do that—I never gave these lines to anybody but to Tucker.
HENRY WEBB (City-policeman, 258). On Tuesday, 13th Feb., I went to Tucker's mother's house, in Gunpowder-alley, Shoe-lane—he is a porter—his mother is a widow, and gets her living by mangling—I found part of these lines there; some were hanging in the window, and some I took from a drawer—in consequence of what his mother said, I took Tucker—I asked him if he gave his mother any fishing lines? he said he had—I asked where be bought them—he said of a man in the street, he said he did not know who the man was, that he never saw him before, nor since, and that be gave him to the amount of 2s. or 3s. for them—I took him to the station, and found five more fishing-lines on him—I searched his lodgings—I found no more lines there, he had told me I should—on the 14th as we were going to the Court, he said it was a bad job; I said it was—he said, "Well, I received them of a boy, who worked for Mr. Reynolds"—the whole number of yards in these lines is 752.
Cross-examined. Q. Did he tell you you would find three more at his lodgings? A. Yes; I was not able to find them, but his mother had been there before me—I only found found one line in his mother's window—I believe this is the one.
JAMES ROBERT REYNOLDS I am in partnership with my mother, Susannah Reynolds, at 62, West-street—we manufacture gold lace and fishing-tackle—Stevens was in our employ some time back—it was his duty to turn the machine, to make fishing-lines—these lines are ours, they are worth about 30s.—Stevens could not have manufactured them for the few halfpence that he received—I can swear to these from the lines themselves—I don't believe there are any of this colour in London.
TUCKER— GUILTY Aged 25.
MR. METCALFE conducted the Prosecution.
HENRY WEBB (City policeman, 258). I took the prisoner and searched his house on 13th Feb.—I found there these twenty-nine pieces of type—I asked how he came by them, and how he could account for them—he said he took them from the shop, but he intented to return them—I knew he was employed by Mr. Figgins, and I went to him and showed him the type.
Cross-examined by MR. PATNE Q. Did he explain what he took them for? A. No; I did not ask him.
JAMES FIGGINS I am a founder, at 17, West-street—I have one partner, Vincent Figgins—these types belong to us—they were kept locked up in a room—the prisoner was our porter—he occasionally had access to that room to clean the windows—the room was locked, except when any type was taken out—this is unquestionably our type—the prisoner had no right to take it away—our proper servants had a right to sell it.
Cross-examined. Q. The prisoner had been there some years? A. About three years—he had 14s. a week—he is married, and has two children—I could not tell when I saw these types—they are not saleable in their present state—he might think that by taking these he might acquire some knowledge that might qualify him for better wages than an under porter—we should not have kept him as a porter if he had not had a good character.
(The prisoner received a good character). GUILTY Aged 25.—Recommended to mercy by the Jury. — Confined Eighteen Months.
(There was another indictment against the prisoner.)
Before Edward Bullock, Esq.
MR. O'BRIEN conducted the Prosecution.
GEORGE BAKER (policeman, B 130). I took the prisoner into custody—I searched her box, and found these articles—she told me she lodged in York-street, and her boxes were at Mr. Blanchard's, where she had lived.
MART GOULD I am the wife of Joseph Gould—the prisoner lived servant with me four or five years at various times—she left me four or five months ago—these articles are mine—I never gave them to the prisoner.
Cross-examined by MR. PARNELL Q. Is this a baby's christening cap? A. Yes—it has been worn as a bonnet—it is not marked—this frock was amongst three or four which I bought; there is no mark on it, but I am convinced it is mine—this pinafore I had in a dozen—some of them were marked, but this is not marked—these drawers are not marked—the prisoner was repeatedly discharged for bad conduct, but through begging, and praying, and writing, and so on, I have taken her again, knowing her friends—I gave her some old clothes of the children's, and some of my own. NOT GUILTY
GEORGE NEWMAN BLANCHARD I am a laceman and haberdasher—the prisoner lived servant with me—she left on the Monday night preceding 4th Feb.—some time afterwards I went to look for her—I found her in St. James's-park waiting for the soldiers to come out of Church—I observed on her bonnet a veil belonging to my wife—it had been long, but had been cut short—this is it, and this is the part that had been cut off it—I took this piece in my pocket and compared it with the veil on her bonnet—this piece had been cut off while the veil was in my wife's possession, to make the veil more fashionable—I gave the prisoner into custody—she said, "Oh Mr. Blanchard! I picked it up in the kitchen"—it is now worth about 6s.; it cost 14s.—this quilt is mine, it was used as a covering for the beds when the rooms were dusted; I had had it about six years—here is a pocket-handlerchief
on which my wife's name, "H. Blanchard," is written by myself-, these scissors are mine—they were purchased from an opposite neighbour.
Cross-examined by MR. PARNELL Q. Where did you get this other piece of the veil from? A. From my own house; my wife gave it me—I cannot tell when I wrote this name on the handkerchief—the prisoner's boxes are in my house; they have never been moved—she came to my service with a good character—these other things were found in her boxes at my house—these scissors were found at a lodging-house in Westminster—one of her boxes was locked, the other was not; they were both corded—this counterpane was found in the one that was locked. GUILTY Aged 25.— Confined Three Month.
JOHN SHEPPARD I am a constable of the East and West India Docks—I stopped Habgood at the gate on 31st Jan.—he had a truck laden with 228 lbs. of old rope—I would not let him go through—he had this pass, but I told him to go and fetch the Captain—he went back and brought the prisoner, and said he got it from him—the prisoner said, "It is all right"—I said, "I won't take your word for it; I will go and see the Captain myself"—I went on board the brig Betsy—(the pass describes it as having come from that ship)—I met the Captain on the quay, and went on board again, in consequence of what he said—the prisoner had then absconded—he was afterwards brought to the police-office in the Docks—I told him he was charged with stealing the rope—he acknowledged that he had altered the pass, and said he was induced to do so by the apprentice—I saw the rope; it was 228 lbs.
JOHN HABOOD I am a dealer in marine-stores; I live in Robin Hood-lane, Poplar. On Wednesday, 31st Jan., I was stopped at the gate of the Docks—I had been on board the Betsy—I saw the prisoner, and no one else—I asked him if he was the person that bad some rope to sell—he said he was—I went to the forecastle with him, and he showed me this lot of ropehe wanted 10s. for it—I gave him 5s. 6d.—I asked him for the Captain's pass to take it out, and he gave me this pass—I was stopped—I went back to the prisoner and said I was stopped at the gate—he went and told the gate-keeper it was all right—he would not allow it to pass—this is the rope—a shipkeeper from another ship had come to me, by the prisoner's orders, and told me there was some rope to sell.
RICHARD HINRY MALONET I am master of the Betsy—the prisoner was put on board to take care of it—this rope belongs to me, I had seen it safe on the evening previous to the sale—I told him to get it all collected, as I intended to sell it the next morning—I left a pass for two empty casks on the hamper.
Prisoner's Defence, On the 30th Jan., the apprentice came and said that the Captain had given orders for me to sleep on board; he left in the morning, and said a man would come for this rope; he told me there was a pass there, and to put the old rope on it; this man came on board, and I asked whether he was the man to buy the rope, he said, "Yes;" he was stopped at the gate, and after that I went home; the next morning I went down to the station.
RICHARD HENRT MALONEY re-examined. There was an apprentice on board who represented the prisoner as his cousin—he asked me to let the prisoner be on board the ship to look after it for his victuals—I agreed to it—this pass is my writing, but there is an alteration on it.
GUILTY Aged 19.—Recommended to mercy Confined Six Months.
OLD COURT.—Friday, March 2nd, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Lord Chief Baron POLLOCK; Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. MOON; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
685. JOHN TERRY , breaking and entering the dwelling-house of Andrew Charles Skarratt, at St. Mary, Whitechapel, and stealing 1 necklace, 1 brooch, and other articles, value 18s., 12 shillings and 12 pence; his property.
ANDREW CHARLRS SKARRATT I live at 9, Leman-street, in the parish of St. Mary, Whitechapel, it is my dwelling-house. On 12th Feb. I went to bed about twelve o'clock—I was the last up—I left the back-parlour window shut, the blind down, and a piece of wood between the two headings to keep the window from going up or down—I came down first next morning about half-past seven, and found the window open and the piece of wood in the parlour, the drawers turned out and box opened, and the money in it gone, the box put on the table, and the receipts out of it—I also missed a brooch, a breast-pin, a necklace, a stamp, and a needle-case—these are them—I saw them the day before.
Cross-examined by MR. PAYNE Q. Was the window completely shut? A. Yes—the wood was not under the sash—I have lodgers; they went to bed about ten minutes to twelve—one slept above the back-parlour—I-believe the parish is St. Mary Matfelon, otherwise Whitechapel—I have got it St. Mary's on my receipts—the things found are worth 5s. or 6s.
GEORGE TEAKLE (policeman, H 8). I went to the house and found the window partly open; it might be opened by moving the stick—about halfan-hour afterwards I saw the prisoner and three or four others in Green-street, Spitalfields, holding some beads in front of him—seeing a star on the snap which had been described to me, I took him and asked where he got the beads—he said they belonged to his sister—he pulled his hand out of his pocket and dropped a brass ring—I picked it up—he said, "That is only brass: it is good for nothing"—I took him into a public-house parlour and asked whose it was—he said his sister's—I asked where she lived—he said in the Borough, but refused to tell me where—I found this stamp and needlecase in his pocket.
Cross-examined, Q. You were in plain clothes? A. Yes—the parish is generally termed St. Mary Matfelon in indictments. NOT GUILTY
Before Lord Chief Baron Pollock,
686. HENRY WHEELER , feloniously breaking and entering the dwelling-house of Walton Muncaster and another, and stealing therein 3 watches, value 14l.; their goods. MR. RYLAND conducted the Prosecution.
THOMAS MARSHALL I am shopman to Walton Muncaster and William Henry Warre, pawnbrokers, at 14, Skinner-street, St. Sepulchre's. On Saturday morning, 27th Jan., about half-past eight o'clock, I was in the shop, and heard a dead sound at the window, and afterwards a breaking of glass—I saw two men at the window, and they put their hands in through the broken pane against some watches, but I did not see them take any—I ran out, and the men ran away—I afterwards looked and missed three gold watches from the window—they have never been found—I saw the features of one of the men, and should know him again—it was not the prisoner—I do not think he is either of the two.
SAMUEL DEARING I am a labourer. I knew Edward Rumball the deceased—on the evening of 5th Feb., about seven o'clock, I went with him and several others to the Anchor, Dove-row, Haggerstone—Rumball had bad several pots of beer, and was not sober—a quarrel arose between him and a man named Hunt, and they got up to fight—they struck at each other, closed, and fell across the fender, Rumball undermost—they got up again—Rumball did not appear to be hurt—no complaint was made by either of them—they did not fight any more, but sat down on different sides of the room—I left the room—I afterwards looted through the glass-door and saw Hunt bleeding, and when the door was opened I saw Rumball lying on the floorhe was carried out, and died almost directly.
Cross-examined by MR. PARRY Q. Had you been with Rumball all the morning? A. Yes—he drank no spirits, nothing but porter—he has worked on the railway, but generally worked in the brick-fields in the summer—he weighed about twelve stone—Hunt was his mate—I did not see him quarrel with any one before Hunt—Hunt was taller than him, but not so heavy.
ROBERT HENRY MORAN I was at the Anchor—a quarrel took place between Rumball and Hunt; Rumball began it—he used some irritating language and struck Hunt with his elbow, and provoked him to fight—after they bad struck at each other, they closed and fell down, Rumball undermost, with his shoulder across the fender—he got up without assistance—I told Hunt he had better not get fighting with his mate—he said, "Well, I wont fight him, for he does not know how to hit again"—Rumball was tipsy—he still tried to provoke Hunt; calling him a coward, and laughing and jeering at him—he did not appear injured by the fall—the prisoners were in the room at this time, but had not interfered—about twenty minutes after the quarrel with Hunt, Hunton got into the middle of the room and said, "You struck my father, now here is his boy that will whack you"—his father-in-law was in the room—the deceased then said, "Oh, very well, "and began to take his clothes off—they both took off their frocks and waistcoats—Parrott stood by Hunton as his second, and he said, "Go in Jack, and hit from your shoulder"—I saw Hunton strike Rumball in the face, somewhere between the cheek and neck, with great force—it caused him to fall into a sitting position, and in a moment or two after he slid sideways off the form on to the ground—he never spoke a word from the time he was struck—I saw as he was raised that his face was of a bluish colour, and said he was either dead or dyinghe was carried out, and I believe he died before he was got out.
Cross-examined. Q. I believe you were quite sober? A. Yes—Hunton was not, but he was not so drunk as Rumball—when he fell across the fender he fell close at my feet—I did not see that he struck the back of his head against the stone; I could not have been off seeing it if he had: it did not happen—Hunton's father-in-law is a hearty old man.
HENRY PERKINS I was at the Anchor, and saw the fight between Hunt and Rumball, he did not appear hurt after the fall—I afterwards saw him and Hunton stand up to fight—Hunton gave him two shoves; they did not knock him down—I turned to look out of window, and when I turned my head again he was down, and was taken out dead.
Cross-examined. Q. Did you see him fall the first time? A. I did; the back of his head struck against the stone by the side of the chimney—Hunt forced him there from the middle of the room, and fell with him, hugging him—Rumball was very quarrelsome—I saw him go up to Hunton's fatherin-law, and want to drink his beer—the old man would not let him, and he struck him in the face.
COURT Q. After the first fall, did Rumball complain at all of his head? A. No, he said be would fight everybody and anybody, and he said to Hunton, "I will fight you"—Hunton said he did not want to fight him, but told him to sit down and be quiet—Hunton then gave him a sort of push, to make him sit down—I then turned my head, and when I looked round again the man was on the ground.
JAMBS BLOXHAM I was at the Anchor on Monday night, the 5th, in the tap-room—I looked through the glass, and saw Hunton standing up to fight, and Rumball standing, doing something to the belt of his waistband; he had his frock off—he seemed perfectly well then—Hunton struck him somewhere about the neck or face, and knocked him into a seat—I then saw him roll off the seat on to the floor.
*******JOHN RICHARD MORGAN I am a surgeon. I was called to the deceased, and saw him outside the Anchor, supported by several persons—he was quite dead—next day, in company with Mr. King, a dresser at the London Hospital, I made a post mortem examination—the cause of death was extravasation of blood on the brain, caused by some external violence—I found a slight abrasion on the forehead, and at the back of the head was a large ecchymosis, and a quantity of extravasated blood escaped from that part; that injury, I think, was done by a blow—it is my decided opinion that the first blow caused the mischief, and the. second caused the death—I found clotted blood, with effusion in the ventricles of the brain, and I believe that arose from the injury at the back of the head.
COURT Q. Was the pressure of that blood on the brain the immediate cause of death? A. That is my opinion—if, by the first blow, extravasation was caused, I think the shock of the second would cause death more rapidly; but I consider the first blow to be the primary cause of death—he might be able to stand up and fight after receiving that blow, because it might only take a small effect on him at first; he would gradually become worse.
MR. PAYNE conducted the Prosecution.
ELIZABETH GURDON I am a widow, and live at 12, King-street, Drury-lane. On 7th Feb. I Lived at 74, Dudley-street, St. Giles's—I knew the deceased—she came to my house between twelve and one o'clock that night, without any bonnet, cap, or shoes, and said her husband had turned her out—she came into my bed, and slept till seven—about a quarter-past seven the prisoner knocked at the door—I said, "Who is there?"—he said, "It is me; you have got somebody here belonging to me; open the door"—I said directly I was dressed I would, and directly the panel of the door came through, and he came in, came round to the bed, and hit his wife twice on the head with his fists—he then dragged her off the bed by the heels, two or three yards, just by the window—I have no bedstead, the bed is on the floor—he then took her by the shoulders, hit her head several times on the ground, and kicked her several times in the ribs—he never spoke, nor did I
or his wife; she made no resistance—he tore something off her, and then went out of the room, calling me an awful name—I got out of bed and chucked the poker after him—his wife laid there as if she was dead, and never moved—I afterwards saw the prisoner on the Dials, and said to him, "Mr. Manley, I am afraid you have killed your wife"—he said, "I am going up. "
Cross-examined by MR. ROBINSON Q. Had you seen her before she came to your house? A. Yes; I had several pots of beer with her husband the night before—I had been to her place in the evening to fetch my daughter away—I did not take the deceased away to a public-house; I never did—she was a woman I did not like—she used me very badly at one time—she was a very deceiving woman—I could not tell when she was drunk or sober—I used to have a drop when ray husband was alive, but I have not been intoxicated since—that is a month last Tuesday—I do not know that I had any liquor with the deceased this night—I do not recollect her having any—I do not think I had drunk any spirits with her that night—I was not drinking in two or three public-houses with her—I do not recollect such a thing—I do not know a person named Banks who keeps a public-house—I have no recollection of going with the deceased to a public-house, and drinking till the landlord refused to let us have any more—the deceased did not pay for any beer that night along with me—I have not been in the house half-a-dozen times with Mr. Manley—I have not been there to drink since my husband died—the deceased went out with me to get some soap—I went there after my daughter, who is an idiot, and twenty-two years of age—I had a pint of beer with Mrs. Manley that evening, at a little after seven o'clock—I did not see Mr. Manley till half-past eight—I went round with Mrs. Manley to their house, and left them all comfortable, about half-past ten—they were not in any way quarrel ling—Mrs. Manley was not drunk—I should not have known that she had taken anything by the way she spoke—I never saw her stupified in liquorwhen he came in the morning, I believe he said, "If you please, will you let me come in"—I did not threaten to knock him down with a poker—I said nothing till he called me a b------y old wh-------e—he has never told me
I had taken his wife and made her drunk—we were not bad friends—I did not take up the poker till he entered the room, and never resisted him; he never spoke to me—I did nothing until he called me the name, and then I got up and threw the poker after him, and dressed myself—I think he knocked her head five or six times, very hard blows, on the ground, and about twice on the body with his fist—he kicked her two or three times—I thought it was on the ribs—it appeared to be violently—he bad his boots on—I cannot recollect whether anyone refused to give us any more drink that night, as we had bad so much—I have never had anything belonging to Mrs. Manley in my place, but the blind which he tore down that morning; that made a great disturbance.
MR. PAYNE Q. Were you sober at a quarter-past seven o'clock in the morning? A. Yes, and Mrs. Manley also; she had been in bed since between twelve and one.
WILLIAM JURY (policeman, F 30). I was called in to see the body of the deceased—I took the prisoner into custody—I told him he was charged with killing his wife—he said he had done it by kicking her on the side of the head and neck, because she had robbed him of 2s. the night before to spend in drink.
Cross-examined. Q. Do you mean to say that he said he had killed her? A. Yes; and he told the inspector the same words when he was brought to the station—he said he did not intend to do it.
Cross-examined. Q. Did you hear her and the prisoner on this Wednesday morning between twelve and one o'clock? A. I heard her quarrelling—she appeared to be intoxicated—she was on the first-floor stairs, and was very abusive to every one in the house—I heard the prisoner coaxing her into her own room; she would not go in, he carried her in—I heard him shut the door, and I heard no more till after two—I then heard her crying, and she called Jack—heard no answer—for the last three weeks I hardly knew her sober—the prisoner behaved well to her—she gave him every provocation that a woman could give a man for ill usage—he always behaved very kindly to her.
WILLIAM SIMPSON I am a surgeon, at 4, High-street, Bloomsbury. I saw the deceased about half-past eight o'clock in the morning—she was quite dead, and was not cold—by the order of the Coroner I made a post-mortem examination, and found a rupture of a blood-vessel on the brain, which was the cause of death; the brain was in a very diseased state, and there had been previous inflammation, and old adhesions were left—there was no disease in any other part of the body to account for death—there were no marks of kicks or blows about the body, or any external violence—if there had been such external violence as to occasion death there roust have been some indications of it—the rupture of this blood-vessel was such as might have been produced by violence—I found the brain completely distended with blood, and the vessels in such a fragile state, that a shake or fall would produce the rupture that caused death; a fall would do it—I am certain it was not a kick that did it, or I must have found the mark of it—if a man had thrown her on the ground, and the vessel had been immediately ruptured, there would have been no external indication—the brain was in that state, that a shove or fall from pulling a chair away would have caused death—there would then be no external indication; it was as similar to apoplexy as possible—there would be no time for discolouration—it was in the ventricles, the most important part of the brain, where the blood was effused—I can distinguish between a blow given before and after death—there would be no marks if the blow was given after death.
COURT Q. Was the brain in such a state of disease, independent of the state of the vessels, that the mere act of shaking would have caused death? A. Yes—there were marks of old inflammation, and there was also congestion—the state in which the brain was, was that of a person who had scarcely been sober for a fortnight or three weeks. NOT GUILTY
MR. BRIARLY conducted the Prosecution.
JAMES READY I am a journeyman boot-maker. On 27th Dec., between three and four o'clock in the afternoon, I was at a walking match at Arlington—a row took place fourteen or fifteen yards from where I was standing—I was not engaged in the row—some of the people ran away—I got out of the way, and the prisoner heaved a stone at me, which struck me in the eye, the prisoner then knocked me to the ground by a blow with a stick, and while I was down I was beat by three or four persons—I begged them not to murder me, and the prisoner said, "Murder the b—while you are at it"—I was afterwards
picked up, and conveyed to St. George's Hospital—I remained there four weeks, and am now an out patient—I have lost the sight of my eye.
Cross-examined by MR. PARNELL Q. Who did you work for? A. Mr. Barrett, of Marylebone-lane—I am not a sporting man—this is the first match I was ever at—I never went to a prize fight—I have never been in trouble for assaulting a policeman, I was never charged with it—I know Mr. Oliver, a victualler; he was one of the persons in this walking match, and Barrett was the other—Oliver is no friend of mine—I paid 1s., and went down in Mr. Allen's van—it was not Mr. Oliver's van—I am not aware that it was with the party who had come to back Mr. Oliver—it started from Wild-street, where Oliver's public-house is—both the men who walked lived near there—I did not take a walking stick with me—I only saw one man with a stick—when this began the match had been going on for about half an hour—Barrett was winning—I do not know whether he was half a mile a-head—I am not aware how the row begun—I was fourteen or fifteen yards off—I did not hear it begin—I was speaking to Lennard, a shopmate, when the row came to me; we both went down together—Lennard went in the van—he had no walking stick—he was not in the row—he was one of the men that picked me up, I believe—I am not aware how many men were on each side of the row—I do not know that there was anything to distinguish Oliver's friends from Barnett's friends—I believe the row put a stop to the match—Lennard is not here—Cummings picked me up—Allen drove the van down—I do not know how Mainon went down—I had never seen him before—I know the prisoner by seeing him in the street—I do not know how he went down—there was no booth—they went to a public-house at Arlington to drink—I had had 1d. of gin, and about three half pints of beer; that was all—I had had no quarrel with the prisoner before.
MR. BRIARLY Q. Had you made any attack on him? A. No.
JOHN CUMMINGS I am a labouring man—I was at this walking match—I was walking with Oliver's party, and saw a mob on the road—I went towards it—when I got within two or three yards I saw the prisoner heave a stone which struck Ready in the eye—Ready then got a blow with a stick from another person, and fell to the ground—I went to assist in picking him up, and the prisoner with other men came up, and struck him several times over the head with a large stick with a knob to it—the blood flowed from Ready's head and eye—I got a blow or two myself, and a cut in the head—I cannot say who struck me—Ready said, "For God's sake do not kill me"—the prisoner then said, "Murder the b----at once."
Cross-examined. Q. What do you work at? A. Plastering work—I use Mr. Oliver's house at times—it is not a sporting house that I am aware of—he was one of the men who walked in the match—I had not got any bet on the match—I started from Wild-street, and went down in Mr. Allen's van—I paid a shilling—the man offered to take as many as thought proper to go for 1s. each—the first I heard of it was in Wild-street, where I saw the van standing at the door the same day—I did not intend to go before that—I had seen the match advertised in Bell's Life—I had not heard at Oliver's house that his friends were to go down in this van—I kept with Oliver's party for about a quarter of a mile, till I was compelled to stop, being out of breath—I am not aware that they had any sticks in the van—I did not see the beginning of the row—I do not know whether it was a row or not—I saw a mob, and 1 saw the prosecutor struck—I was bleeding, and went to a policeman—I have known the prisoner five or six years; I have never quarrelled with him—he used Oliver's house at times—I should say he was in Barrett's party—I am not a sporting
man—this was the first race I had been at for years—I had not had any drink myself—I did not see the other people that went in the van with me stop on the road for drink—I got down about twenty minutes before the race—none of those in the row were drunk—they were sober—I cannot say whether the prisoner was drunk.
HENRY ALLEN I am a carman. On 27th Dec., I was at this walkingmatch—I saw the prisoner throw a stone, which hit Ready; he threw it at Ready—I was two or three yards from him—it caught Ready in the eye, and he fell on the ground, and the prisoner directly run to him and began to beat him about the head and body with a stick—I picked up the stone; this is it (produced)—it was whole then, but has got broken since.
Cress-examined, Q. Did you drive Oliver's van down? A. I drove down a van, but I do not know whose party it was—my father ordered me to drive it—the people that went into the van were standing in the road waiting for it—Oliver did not go down in the van; I do not know how he went—my father did not go down—there was no drinking on the way—we stopped once on the road for the horses to bait—the passengers did not have anything—I was the nearest to Barrett in the match—Oliver's is not a sporting house—the row began in a fight between two men, I do not know who they were—they had not been fighting many minutes before the prisoner and some more men came running up and began using their sticks, and beating everybody they came near—Ready took no part in the row—I was sober—I saw no drinking.
LOUIS MAINON I am a basket-maker, and live at 33, Brook-street, Holborn. I was at the race on 27th Dec.—I saw Ready receive a stone in the face—I do not know who threw it, and I saw the prisoner strike him with a stick—I was in my cart, and took Ready to the hospital in it.
Cross-examined. Q. Were you there by chance? A. No, I went to see the match with my son—I was no friend of Oliver's or Barnett's—I have never seen a match of this sort before—there was a row—I did not see much of it—there were about a dozen on each side fighting with sticks—there were a good many stones flying about—one of my lamps was broken—the policemen stopped the race—the match was on one side of the main road.
JOSEPH HOILE (policeman, F 95). On 5th Feb. the prisoner was given into my custody at the station-house, and I received this stick (produced) from the inspector—I asked the prisoner if it was his—he said it was, he carried it for his own protection—I said he was charged with knocking a man's eye out—he said he was engaged in the fight, but he did not knock his eye out; it was a man named Coombe did it.
Cross-examined. Q. The stick is part of a chair, is it not? A. Yes—there is no knob to it—I knew the prisoner before by seeing him in the neighbourhood—I always understood him to be a bricklayer's labourer—I never heard anything about him—I know Oliver's house; it is not frequented by very good characters—it is in a very low locality—Oliver is not here.
(The prisoner received a good character.)
GUILTY Aged 40.— Confined Twelve Months.
GUILTY Aged 27.— Judgment Respited.
MR. PLATT conducted the Prosecution.
CHARLOTTE CRAWLEY The prisoner is my husband, he is a clockmaker, we live in Compton-street, Clerkenwell, and have been married twenty years. On 26th Jan. I was out with him and my son John—we had been to a friend's house, and had some bread and cheese and a pot of ale and a pot of porter between five of us—we were all sober—in coming home he walked very fast, and was quarrel some, and struck my son, and said he would strike me, but did not—we got to our door about a quarter to one—he said, "D—your eyes, neither of you shall enter these doors to-night"—my son was in the road—the prisoner took the pendulum of a clock from his side and struck me on the head with it—it cut through my bonnet and cut my head—I went to the station, and had it dressed—it is nearly well now.
Cross-examined by MR. HUGHES Q. You had had a few words? A. No, I only said, "When I come out with you, you are always pretending to be drunk"—he said, "I will let you see, "and walked on—I did not speak to him again till I got to Clerkenwell—my son was sober—I did not fly at the prisoner and scratch his face—I never spoke to him till he struck me—my son did not attempt to push him away, till after he had struck me—my son had said, "Why don't father go home like another man as he ought"—the prisoner said to the policeman," I done it, and I want to be locked up"—I have not said it was only a family quarrel—we have quarrelled before, many a time—I have had occasion to be passionate, when he goes with another woman—I have scratched his face in my own defence when he has given me black eyes in the street—I have seven children; the eldest is nineteen or twenty, two support themselves, my husband keeps the rest—no one has induced me to prosecute.
JOHN CRAWLEY , Jun. I was walking with my father and mother—when we got near home I said to my father," Why don't you come home like another man"—he rushed to me and struck me—we were all quite sober—my father had a little to drink, but knew what he was about—I had not struck him—I was in the middle of the road, and could not see what he did to my mother—I saw him lift his hand and heard her cry, "You have cut my head"—I went up; she was bleeding, and her bonnet was cut—he had a pendulum in his hand.
Cross-examined. Q. Why did you not tell the Magistrate your father struck you in the road? A. He did not ask me—I had heard my mother say to him," You can't walk straight"—I do not know that she said anything to aggravate him—I was behind—I do not know of my mother sleeping with a knife under her pillow—she never asked me to sharpen one for her—I never heard her say she would give him a bitter pill one day or another—I never saw her intoxicated.
CHARLES PIMM (policeman, G 175.) I heard Mrs. Crawley cry out, and found her bleeding from a wound in the head—she said in the prisoner's presence," My husband has done this, and I give him in custody"—he said, "Yes, I have done it, and I wish to be taken to the station."
WALTER CRISP I am assistant to Mr. Taylor, a surgeon of St. John-street-road—I was called to the station to attend Mrs. Crawley, and found her bleeding freely from an incised wound in the head, about an inch long, and rather less than quarter of an inch deep—the edge of this pendulum would have caused it—it was not dangerous then—I did not attend her afterwards.
Cross-examined. Q. It was a superficial wound? A. Yes, the same as a common cut—a deep-seated wound would have factured the skull—this wound would heal in a week or ten days in a healthy person. (The prisoner received a good character.)
GUILTY of a Common Assault. Aged 41.— Confined Two Months.
JOHN CLARK I am shepherd to John Wilson, a farmer, of Great Stanborn. He instructed me on 28th Jan. to send fourteen sheep to Smithfield—I delivered them to Mr. Weal's drover at the Bald-faced Stag, Edgeware-road, about two miles and a half from Mr. Wilson's—I marked them, and afterwards identified the skin of one at Hammersmith police-court.
Cross-examined by MR. PAYNE Q. What mark did you put on them? A. A horseshoe on the off-side, near the head, and a blue mark down the poll from the back of the head.
JOSEPH WISE . I am drover to John Weal, a farmer. On 28th Jan. John Clark delivered fourteen sheep to me from Mr. Wilson—I drove them to Kilburn, and put them into Mr. Weal's drove field, about half-past one o'clock—I went to the field about half-past four, and they had got out into the adjoining field—I could only find thirteen—I did not sell a sheep to the prisoner.
Cross-examined. Q. You are a drover, not a shepherd? A. A drover—the sheep got into another field at Kilburn, and got mixed with other sheep.
FREDERICK SPRING I am penman to John Weal. On 28th Jan., between one and two o'clock, Wise delivered me 132 sheep—I knew Mr. Wilson's by the mark on them—I put them into a field—I did not go to the field again, or count the sheep till I got to market—I then missed one—Wise had brought them up to Smithfield—I had not sold one to the prisoner—I am shepherd as well at penman.
Cross-examined. Q. Where were you when Wise brought the sheep up?
A. I stopped at Kilburn, where I live.
DANIEL TURNER I keep a beer-shop in Kilburn-lane; the prisoner came to lodge there on the second week in Nov." About a fortnight before the sheep was stolen he said he should kill another sheep before he left my house for the country—he had killed two sheep at my house before—on 3d Feb; he brought a flock of sheep in front of my door—I opened the back gate, and he brought a sheep into the skittle-ground, and said, "Turner, if you like you may stick that sheep"—I said I would—he went away—I killed it, cut it up into joints, and hung the skin over the rails of the skittle-gound, and on 5th Feb. gave it to a policeman—I had part of the sheep, and paid for it.
Cross-examined. Q. When he said he was going to kill a sheep, did he ask you and some of your customers to take a part of it? A. Yes—I was a butcher when I was a boy—the prisoner offered to assist me in dressing it, but I did it in my own way—the skin was not concealed, nor the meat—he is a shepherd in the employ of Mr. Horwood, of Buckinghamshire—he has often said that, when he could buy a sheep cheap he did so.
LAURENCE THOMAS ANDERSON (policeman, D 35). On 5th Feb. I went to Turner's—he gave me up the sheep-skin, and said the sheep had been slaughtered on the previous Saturday—I afterwards took the prisoner, and asked if he could account for the sheep he had slaughtered at his lodging on 3d Feb.—he said he had bought it of Mr. Weal's shepherd—I asked what sort of man it was—he then said it might be Mr. Weal's shepherd, as he had seen him with the sheep several times.
Cross-examined. Q. What was he doing when you took him? A. I overtook him with his master going to London from Buckinghamshire.
GUILTY Aged 28.— Confined Eighteen Months.
NEW COURT.—Friday, March 2nd, 1849.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HOOPER; Mr. Ald. CHALLIS; MR. COMMON SER. JEANT; and EDWARD BULLOCK, Esq.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY Aged 45.— Confined Three Month.
DIXON pleaded GUILTY Aged 22.— Transported for Seven Years.
SULLIVAN pleaded GUILTY Aged 16.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
WILLIAM ABBOTT I am a proctor, in Doctors'-commons—I have one partner—Wheeler is my clerk; he lives in the house—it is solely his duty to receive letters, and band them to me—it was his duty to open letters that came by the early post—this bill for 50l. came to our house on 26th Jan., from Newport, Isle of Wight—I cannot say positively that it ever was in my possession—on Saturday, 3d Feb., it became due; I then could not find it—I gave directions to Wheeler to search for it, and searched myself, and the other clerks also—I directed Wheeler to stop it.
Cross-examined by MR. CLARKSON Q. If this bill were enclosed in any of the letters, Wheeler would have the manual possession of it? A. Yes—I have an entry in my book which leads me to suppose that such a bill came to my office, and also that it would become due on such a day—my entry might be made from a perusal of the bill, or from the contents of the letterWheeler has been a great many years in my office, and was my managing clerk—he has perquisites; he lives rent-free in the house, I find him coals and candles, and his salary is about 250l. a year—I do not know the prisoner—I heard from my other clerks that on the Monday morning after the bill had been missed, he came to my office, for me or for Wheeler, about a quarter of an hour before I came.
JOHN WATERIDGE I live at the Bell-inn, Addle-hill. The prisoner had boarded and lodged with me for some time—on Sunday evening, 4th Feb., between eight and nine o'clock, he called me out, and told me he had something to show me that would please me—he owed me more than 20l.—he showed me a bill; I believe it was this; and told me he should get it cashed in the morning, and would pay me what he owed me, that he had it on the Saturday, and he should have got it cashed, but he met with a few friends and got rather the worse for liquor.
Cross-examined. Q. I suppose he is an honest fellow, or you would not have trusted him? A. I thought him so—on Monday, the 6th, he borrowed a shilling of me, and I gave him in mistake a sixpence and a halfsovereign,
and he brought me the half-sovereign back—I was not aware that if a bill of exchange is drawn to the order of a person it is not available unless it is indorsed by that person—I have known Wheeler to be in the prisoner's company occasionally, coming into the bar—I do not know that I have seen them in company except to have a glass of porter—I have been in the house the last twelve months—I only know of Wheeler having one transaction in dealing with a pony and chaise, and that was with the prisoner—I remember his bringing three bottles of wine, or it might be four; it was not six—I do not know how many companions there were for the jollification, or whether the prisoner was there; he was not there at the first—Wheeler did not bring some friends—it was between me and himself at first; there were others afterwards—I have heard Wheeler come to our place and ask for the prisoner—I cannot say as to their being well acquainted—I know that they have had transactions together—Wheeler has told me that he had got a bill of his for 20l.—I dare say that during that time he looked in for the purpose of seeing the prisoner—I afterwards learnt from Wheeler that the bill was paid, and all the expenses—I believe that was with respect to the pony and chaise.
JAMES MOREN I am clerk to Mr. Underwood. On Monday, 5th Feb., the prisoner came to our place in the Blackfriars-road about eleven o'clock—he wanted to see Mr. Underwood, who was out—he brought this bill to me, which I placed in the till—I told him Mr. Underwood would be home in the course of the morning—he left the bill with me, and wished for half-a-sovereign—I let him have one—he went away and came again—I believe he came three times—when Mr. Underwood came in, I gave him the bill—on the Monday evening I went with the prisoner to Wheeler's house—(the prisoner said in the evening that Mr. Wheeler gave him the bill)—when we got there Mr. Wheeler was not at home—the prisoner there stated in Mrs. Wheeler's presence that Wheeler gave him the bill—Mary Johnson, the servant was present, but not all the time—the prisoner told me that Wheeler was clerk to Mr. Abbott.
Cross-examined. Q. I believe you know the prisoner? A. No; Mr. Underwood knew him—he had been dealing for grocery there—he owed about 3l
Cross-examined. Q. Have you known the prisoner? A. Yes, four or five years—I never heard anything against him—I have given him credit for 3l. or 4l.—I should have given him the amount of the bill if I had seen him; having known him a long time—he has always paid me.
WHITFORD HKNRY NICHOLLS . I am a clerk to the London and Westminster Bank. I produce this bill; it was brought on 5th Feb.—it had been stopped—it has not been indorsed—it would not have been paid in this state. REUBEN BOLTON I was a City-police-constable, 353. I was sent for to the Bell—I saw the prisoner—he said he had received a 50l.-bill of Mr. Wheeler; that he went to pay a small bill on the other side the water, and Mr. Underwood was not at home, that his shopman let him have 10s. on the hill, that he called a second time and Mr. Underwood was not at home, that he called a third time and saw him; that two or three persons saw the bill given—in going to the station he said he had a friend whom he would not like to bring into trouble, because he had reason to believe the bill had been stolen—on the third examination he told me he would rather have his tongue cut out than involve the person who gave him the note.
inquired for Mr. Wheeler—I heard him say that Mr. Wheeler gave the bill to him at half-past eight on Sunday night—then he said he stole it out of Mr. Wheeler's pocket—then he said he gave it him, and then he said a man gave it him—he was intoxicated.
JOHN WHEELER I am clerk to Messrs. Abbott's, proctors. This bill came to my employers on 26th Jan., by letter—when Mr. Abbott came I banded it over to him with other bills—I did not see it again till I saw it at the banker's—I have known the prisoner four or five months—he was not in the habit of coming to my employers to see me; I never saw him there—I did not give this bill to him.
Cross-examined. Q. Where is your stable? A. At the Bell-yard, Addlehill—the prisoner is not an acquaintance of mine; I would not associate with such a person—I have seen him—I have not known him intimately for six months—I have been to Mr. Wateridge's bar, and the prisoner may have come in—he has not drank with me—I have drank with him; I cannot say repeatedly—I have not gone to Mr. Wateridge's with a bundle of bottles of wine under my arm—I have taken a bottle or two there for the purpose of meeting my friends—I cannot say whether the prisoner was there—the prisoner and I have not got drunk together—I certainly sold him a horse and chaise—I may have offered to sell him a second—no, a man in the yard offered to sell him another, I have not done it—I have been at Mr. Wateridge's house, in Great Carter-lane, inquiring for the prisoner, perhaps, repeatedly I—never had this bill of exchange in my breeches-pocket neither Saturday, Sunday, nor Monday; if I had, it was quite unawares to me.
COURT Q. What did you go to inquire for the prisoner for, if he was not an acquaiutance of yours? A. Perhaps it was when he was about to purchase the horse and gig of me—I cannot account for how the bill came to the prisoner—the bills are kept in Mr. Abbott's drawer up-stairs—I do not put them there—I have not access to it.
MR. ABBOTT re-examined. I cannot say whether the bill came to my hand, from the numbers I am in the habit of receiving. NOT GUILTY
GUILTY Aged 24.— Confined Fourteen Days.
FRANCIS LEWIS I am an apprentice on board the ship Friendship, at Shad well. When I went to bed, on the night of 6th Feb., my clothes were all safe—when the policeman came and called me up, they were gone—these drawers produced are mine.
JAMES MALIN (policeman, K 99). I met the prisoner on 7th Feb., about two o'clock in the morning, in Gravel-lane, with a bundle under his arm—I asked what he had there—he said, "Some dirty clothes I am going to take to my old woman"—I opened the bundle, and saw these clean drawers—I said, "Where did you get them from?"—he said, "From the ship"—I said, "What ship?"—he could not tell the name—I took him back to the stairs, and was going to one ship—he said, "It is no use going there. I took it from that ship" meaning the prosecutor's—I sent an officer to call the boy Lewis, and he owned them.
Prisoner. I had them given mc to carry.
GUILTY Aged 48.— Confined Three Months
SOPHIA TEGG I shall be thirteen next birth-day. On 31 st Jan. I was out with a chaise with my master's two little children in it—his name is John Rawlings—one of the children is Sarah Rawlings; she had a whittle on—the prisoner came up and told me I was not to go too fast, for if I did I should get run over—she told me to wait till all the carriages and horses were gone by, and then I might cross, that I must walk np and down while the children's mother was getting ready to go out—she then took a shawl off Sarah Rawlings, put it at her feet, and said she would carry the chaise across the New-road—she then said I was to go down that street, and my mother was coming down Horner-street—she then said, "You mind the chaise before, and I will mind it behind"—I kept looking back, and she said, "What do you keep looking back for, I can mind it behind"—we went on to the corner, and there was a valentine shop—she said, "Will you like to look at them"—I said I had seen them before that day—she said, "Well, we will cross; I do not see her coming"—she said, Sarah's mother was going to Rotherhithe to tea—I said, "How very strange she never told me, I suppose that is what we had the chaise for"—she then said, would I have any sweet-stuff—I said, "No; I did not want any"—she took the chaise, went on a little way, and ran a little way; she then dropped the handle of the chaise, and ran on with the whittle—I ran, but could not see her any more.
Cross-examined by MR. HORSY Q. Had you ever seen her before? A. No; I saw her again about a fortnight ago—this happened on the last day of January.
(The prisoner received a good character.)
GUILTY Aged 25.— Confined Nine Months *
There were three other indictments against the prisoner.
THOMAS PHILLIPS I live at Brentford, and work for Mr. Redgrave, the contractor for the railway; the prisoner worked in the same yard. On 8th Jan. I put my shovel in a shed; I missed it on the 9th—about six weeks afterwards I met a young Irishman with it on his arm—there was a dispute between us about it—I gave it to the policeman—this is it.
WILLIAM MORROSSEY I am a labourer, and work at Barnes. The prisoner worked on the road—I bad a bad shovel and the prisoner gave me this good one in exchange—I asked where he got it, and he said he had bought it—I lent it to another man—Phillips said he had marked it, and the prisoner said so too.
Prisoner. Was not the shovel you gave me as good as this? Witness. No; or I would not have given it—you asked me to exchange.
Prisoner. I bought it for 6d. GUILTY . Aged 28.— Confined Three Months.
Before Edward Bullock, Esq., and the Third Jury.
701. EPHRAIM DEAMER , stealing 1 iron-wrench, value 1s., and! lamp-tubes, value 6d.; also 3lbs. of candles, and other articles, value 2s. 8d.; the goods of William Palmer and another, his masters: to which be pleaded
GUILTY Aged 38.— Confined Six Months.
THOMAS KNIGHT I live in South Moulton-street. About two in the afternoon on the 2d Feb., I was in West-street, Smithfield—I felt something behind me, and missed my handkerchief—the prisoner passed me immediately—I ran up to him and accused him of taking it, which he denied—I pulled his coat open, and there was the handkerchief inside his coat—this is itit is mine.
Prisoner. I picked it up; I stopped a minute, and no one came up; I walked on, and the gentleman said, "You have got my handkerchief." GUILTY . Aged 21.— Confined Six Months.
GUILTY Aged 33.—Recommended to mercy. — Confined Six Months.
705. CHARLES ASHTON and JEREMIAH COLLINS , stealing 240lbs. weight of lead, value 1l. 10s.; the goods of the Eastern Counties Railway Company, and fixed to a building; Collins having been before convicted.
ASHTON pleaded GUILTY Aged 35.— Confined Six Months. MR. BALLANTINE conducted the Prosecution.
HENRY WOOD (police-sergeant, K 23). On 10th Feb., at half-past ten at night, I saw Ashton at the door of a marine-store shop in Robin Hood-lane, Poplar, with a piece of lead in his hand; Collins was with him—he ran away—Ashton tried to run, but I caught him—Collins cried out namnus, which I believe means to run—I took Ashton and this lead—I found lead had been cut from a gutter of the Eastern Counties Railway—I measured the lead that I found with Ashton, and it fitted exactly—Ashton said he knew nothing about it—he would not give any address—I had seen them with the lead near where it was missed from, and followed them.
Collins. I was not there. Witness. I am certain you were; I have known you from a child.
JOHN BULL I am in the employ of the Eastern Counties Railway. I missed some lead from a gutter on a shed in a field belonging to the railway on 11th Feb.—I saw it safe on 7th—I assisted to measure this lead produced—it corresponded.
JOSEPH PUDDIFORD (policeman, K 270). I took Collins on the Tuesday following—I told him what it was for—he said, "I know nothing about any lead; you had better look after the others who stole a copper from Blackwall-yard."
at Clerken well—(read—Convicted Dec., 1846, confined six months, six weeks solitary)—he is the person.
COLLINS— GUILTY Aged 18.— Transported for Seven Years.
OLD COURT.—Saturday, March 3d, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice CRESSWELL; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HOOPER; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
ROBERT JAMES BROCKINGTON I am twelve years old, and live with my father, Robert Brockington, at Church-street, Shoreditch. On Sunday night, 18th Feb., at ten o'clock, I met the prisoner and two more boys at the corner of Church-street—I had seen them before, but had not spoken to them—I went with them to a lodging-house, and had a bed there, because they persuaded me to stop out all night—the prisoner appointed to meet me next morning, and took me under the Eastern Counties' Railway arches, tied a handkerchief over my mouth, laid me down, knelt on my chest, and stripped me—I kicked, struggled, and hallooed out—he made a bundle of the clothes, dodged me in and out of the arches, and then ran away with them—I ran after him, naked, and screamed out—I went home.
PATRICK WALSH (policeman, H 28). I took the prisoner, and told him the charge—he said the boy took off his' clothes, and gave them to him to take home, and that he gave the clothes to his own mother—I went to the mother, and she knew nothing about it.
Prisoner's Defence. He asked me to get him a lodging, and I did to next morning he took his clothes off, and told me to take them home, and he went to an iron-shop, not two steps off; I sold the things to a Jew, came back, and waited to see him; the policeman took me; the boy is almost too big for me to manage. GUILTY Aged 16.— Confined Six Months.
Before Mr. Justice Cresswell.
JOHN DAVIS I am a member and secretary of the Beehive Loan Society, held at the Beehive, Somers-town; there are twelve proprietors; Titus Turk is one. On 14th Nov, Painter came and gave me this proposal for a loan (produced)—it is on a printed form of the Society's—(This was a proposal for a loan of 5l. for twelve months, by Henry Francis, of 10, Charles-street, Clarendon-square, on the security of William Davis, 33, Little George-street, Hampstead-road)—we charge 2s. for making inquiries; Painter paid that—on the 16th I went to 33, Little George-street, Hempstead-road, saw the prisoner Davis, and said, I called respecting an application for some money by a party named Henry Francis, residing at 10, Charles-street, Clarendonsquare—he said that party had applied to him to become security, and he had consented—I asked if he knew the man—he said he had worked in the same establishment, Sir Henry Meux's, ten or twelve years—I asked if he
was justified in putting himself in such a position, whether he thought himself safe—he said he was perfectly satisfied—I asked what the money was required for—he said it was to complete the furnishing of his house—I said I was not prepared to give an answer then, but he could come on Friday—on the Friday afternoon I saw both prisoners at the BeehivePainter spoke to me first, and said, "My name is Francis: I have called respecting an application I made last Tuesday for five guineas"—Davis was at his elbow—I said, "You were not at home when I cslled"—he said, "I was at the brewery" (I had called at 10, Charles-street, Clarendon-square)—I said, "Is your security here?"—he said, "Yes, this is Mr. Davis'—I said to Davis, "Is this Mr. Francis, of Charles-street, your fellow-servant?"—he said, "Yes"—I read the form to them, prepared this note, and said to Painter, "Write your Christian and surname, and address, in full"—I saw him write "Henry Francis, 10, Charles-street, Clarendon-square"—I then gave it to Davis, and he signed, "William Davis, 33, Little George-street, Hampstesd-road—I sent then to Mr. Knight, and saw him pay them 4l. 17s. 6d.—the interest was five per cent.; the book of rules," and the stamp 1s.—(the bill was dated Nov. 17, 1848, for 5l. 5s., payable on demand to Titus Turk, on order)—I was present on 13th Feb., when Davis was taken—Mr. Francis, of 10, Charles-street, was there—Davis said, "I signed for Francis, but not for this Francis."
Cross-examined by MR. ROBINSON Q. Is your society enrolled? A. No; the twelve persons pay the money out of their own pockets—Titus Turk is trustee for the whole, and this investment is made in his name alone—if this 5l. was lost to the society it would be a diminution of their profits—33, George-street, Hampstead-road, is Davis's right address—the first time I went to Francis's house I saw his wife—I afterwards said to Painter," I called on you, and saw your wife, and told her respecting this matter"—he said, "Yes, I was at the brewhouse when you called"—I spoke to him the second time, immediately I saw him—I did not see Davis at first—he must have heard Francis say," I am Mr. Francis"—he was standing by the partition at Davis's elbow—it was not half a second after I spoke to Painter that he said, "Here is Davis"—four or five people were in the office; there were not a dozen; they come within a rail, one at a time—it was three months before I found out that this was a forgery—I had no suspicios before—seven instalments were paid, 16s., I believe—the largest amount we lend is 100l.—people could as easily get 100l. as 5l.; it would depend on the strength of the security—I have known Davis about four years, and believed him to be strong, or I should not have granted the money on his security alone—Francis was the most respectable of the two, according to their position—we charge five per cent, per annum, and Id. on each shilling paid—I am positive of the words used; perhaps 200 persons come for loans in the course of three months.
JEREMIAH KNIGHT I am a partner in the Beehive Loan Society. On 17th Nov. I was there, saw this note, and paid 4l. 17s. 6d. to at the request of the secretary; I do not know to whom—I and Mr. Davis were present at Meux's brewery, when Davis was apprehended—Mr. Francis was there; I asked Davis, in his presence, if he knew anything about a loan that he obtained from the Beehive Loan Society, in Nov. last, in the name of Francis, and asked if it was on this bill—he said, "Yes, I do; but this is not the Francis, "pointing to Mr. Francis—I had a policeman with me—I asked Davis if he would be kind enough to tell roe where Mr. Francis lived—he said, "I shall do no such thing"—I said, "We will go to the station."
Cross-examined. Q. It not this the first time you ever made this statement? A. No; I said so at the police-court—I only know the bill by the number—the secretary puts that on; I know it by the books.
Cross-examined. Q. Have you any other name? A. No.
JOHN HENRY FRANCIS I reside at 10, Charles-street, Clarendon-square, and have been in the employment of Sir Henry Meux and Co. fourteen years—this signature, "Henry Francis, 10, Charles-street, Clarendon-square," is not my writing—I did not authorise anybody to put my name to the note—I have known Davis twelve years, he is employed at Meux's stable—he never visited me at 10, Charles-street—he once stood outside the street-door for a moment talking to me—he knew I lived there—I have seen Painter three or four times; the first time was about a month ago—I never saw him, to my knowledge, before Nov.—there is no one employed at Meux's of the nume of Francis besides me.
Cross-examined. Q. Is Painter in the same service? A. No—I never knew anything against Davis—I never gave any one authority to sign my name to any bill, or to receive or borrow money for me—I never received any money from Painter—I took the house I am now living in last Michaelmas—before that 1 lived at 249, Tottenham-court-road—I had two rooms there and my own furniture—I have now eight rooms; three of them are furnished, I let them, and live in the kitchens, they are furnished—I had some of the furniture in the three rooms before I went there, and I borrowed money from friends—I once borrowed 5l. 5s. from a Loan Society, at 20, Little Wild-street—I have not borrowed any from the Beehive—I am paying 2s. 2d. every fortnight—I pay it regularly—I believe the society will lend more than five guineas, but I did not ask for more—my wife made no communication to me to the effect that Mr. Davis had called—she never said a word about it, or I should have stopped any such proceeding as that being done unknown to me—my friends are in the habit of calling me Juck—I have not known Painter above a month from this time.
CHARLES KEMP (policeman, S 81). I took Painter into custody on 14th Feb., and told him I wanted him for being concerned in a loan society case—he said, "Very well, is it for Tottenham-court-road?"—I said, "No"—his wife, who was present, went out for a few minutes, came in again, and said, "You have brought yourself into a pretty mess, Jack has not kept his money paid up; Davis is taken up, and remanded till next Monday"—I asked Painter if he knew Davis—he said, "Yes."
Cross-examined. Q. Did not he say he had been troubled about a loan society, and he supposed this was the same again? A. Yes—he said at once, when I asked him, that he knew Davis.
MR. ROBINSON submitted that there was no evidence of uttering by Davis, the bill never having been in his possession. MR. JUSTICE CRISSWELL thought that it was sufficiently in his custody whilst he signed it, and that his returning it signed was an uttering by him. The prisoner PAINTER called
the wife of John Henry Francis. I asked Davis to be security for me for a 5l.-loan—I asked him to do it unbeknown to my husband—I told him it was for me, and I did not wish my husband to know it—I asked Painter if he would be kind enough to go and draw it for me—I told him at first that my husband was at work late, and I wished him to go and sign it—he said he did not like to do it, but he would not mind anything to oblige me—he said he should not like any one to do it for his wife, but as he thought I was in trouble he would do it—my husband did not know anything about it; Davis told Painter so; I was not present—Painter's wife brought me 2l. 8s. on the Saturday morning, and the other 2l. 8s. was delivered to Davis; I do net know that myself, but he said he would not leave till he had half—half was for his wife, and half for me.
Cross-examined by MR. ROBINSON Q. How long has your husband known Painter? A. I do not think he knew him at all—I became acquainted with him by knowing his wife—he is no relation of mine—my husband did not know of this transaction till it was found out—he did not know who the man was till the policeman took him, and I then told him all about it—I have sent Mr. Davis a shilling a week regularly to make the payments, I never saw the book—I only received 2l. 8s. out of the 5l. 5s., and 2s. I gave back to Mr. Painter for his time—I am certain my husband received none of it—I did not see Davis at all in the transaction.
Cross-examined by MR. PARRY Q. Who paid you the 2l. 8s.? A. Mrs. Painter—I did not see Davis—he went to the Society, I asked Mrs. Painter to go, because I could not get out—I asked her to ask Painter to sign my husband's name—I saw him before he signed it, and said I was in a little difficulty, and I wanted a little money, and if he would do it I should be very much obliged to him, and would give him 2s.—he did not much like to do it—I saw Davis about a fortnight after the money was obtained; he then said he had had half the money, and I begged him to keep it paid up in case my husband should know anything about it.
PAINTER— GUILTY Aged 27.—Recommended to mercy. — Confined Six Months. DAVIS— GUILTY Aged 43.— Confined Nine Months.
708. WILLIAM CULLUM, GEORGE DIGBY . and FRANCIS PIKE , burglariously breaking and entering the dwelling-house of John Waller, at Fulham, and stealing therein 2 spoons, value 3s., his property, and feloniously beating, striking, and wounding him in the said dwelling-house.
MR. ROBINSON conducted the Prosecution.
JOHN WALLER I live at 13, Stamford Villas, in the parish of Fulham. On Friday night, 9th Feb., I went to bed about ten o'clock—between two and three I was awoke by my wife, who heard footsteps on the stairs—I immediately jumped out of bed, and asked who was there, but I received no answer—I then opened my bed-room door, and saw a man standing on the landing, very near the bed-room door—I said, "What do you want?"—he answered, "Here he is, "or" Here is the dog"—he had a lantern in his right hand—I immediately received a blow on the top of the head, which broke a vein, and it immediately bled very considerably, and caused a violent bruise—I did not see what I was struck with—I was not able to attend at the police-court for a fortnight in consequence of the injury—I did not distinctly see who it was that struck me, I was so alarmed, and the blood was flowing from my head, I retreated into my bed-room as quick as I could, fearful the man might follow me—my wife got out of bed, and assisted me to close the door—she then threw up the window and called the police, and I sprung a rattle
which I had in the room, and the police came—a surgeon was sent for, and he dressed my head—I afterwards missed two small silver spoons, worth about 3s.—I should say the lantern was of the same description as this one, (produced,) but it being lighted it appeared much larger—it was a very powerful light—I cannot say whether it had a shade to it—I saw the lantern as soon as I opened the door, and I continued to see it till I returned into my room.
Cross-examined by MR. WOOLLETT Q. NO one else lives in the house? A. No; I cannot speak at all to the man I saw—I have no impression on the subject.
ANN BUCKMASTER I am servant to Mr. Waller. I was the last up on Friday night, 9th Feb.—before I went to bed I particularly examined all the windows and doors, and they were perfectly secure—there was no whole in the wall—I was awoke shortly before three o'clock by a bell ringing, and I heard a scuffling or confused noise on the stairs—I do not think there was more than one person going down stairs, but I cannot say—I looked out at the window, and saw a man running down the garden as fast as he could, with a lantern in his hand, apparently making his escape—when I first saw him, he was about eight or ten yards from the house—he leaped over the wall, at the bottom of the garden, and I lost sight of him—from what I saw of him I believe it to be Cullum—I heard other men's voices, but only saw him—I should say there were two or three men; that was after I saw the man get over the wall—I afterwards examined the premises, and missed two silver spoons, which I had seen just before I went to bed—next morning I received a piece of a knife from Snell, which I wrapped in a piece of paper, and afterwards gave it back to him the same day.
cross-examined. Q. I suppose you were very frightened? A. I was; I was at my window when I saw the man in the garden—he had his back to me—I did not see his face—it was a light night.
THOMAS DRAKE (police-inspector). I went to the house on Saturday morning, about five o'clock, and found a square of glass broken in the watercloset window, and the window open—I found marks of a crow-bar, and of a knife, on the inside of the water-closet door—I found a square of glass broken in the kitchen-window, and several marks of a crow-bar near the hinges on the shutter—the hinges were nearly forced off—I next examined a small place used for cleaning knives and shoes; a square of glass was broken in the window, and the window was open; no entry had been made that way—I found the tool-house door forced off the hinges, and set on one side—there was then a hole through the brick-work into the kitchen, large enough to admit a man—I picked up this crow-bar—the kitchen-drawers had been disturbed, and some linen removed—I went up and saw Mr. Waller in bed; he had a wound on his head—a quantity of blood was on his shirt, and in different parts of the room—I saw footmarks on the mould—next day I went to the Pimlico-station and saw the prisoners—I took off these shoes from Cullum and Pike (produced), and compared them with the footmarks, by making an impression at the side of the marks—they corresponded in every respect—these are Cullum's shoes—the right-foot is worn, and has given way to the sole—there is only half a tip on the heel—on the left here are a few nails on the toe, which left an impression; the toe was the deepest part—there is nothing peculiar about Pike's shoes—the impression was not distinct enough to show this impression on the side—I had noticed on the Saturday that one footmark had only half a heel—I received this knife from sergeant Matthews, in Digby's presence, and this point of a knife from Snell on Saturday afternoon; they fit one another exactly.
Cross-examined. Q. What time on Sunday did you compare the marks? A. In the afternoon, about a quarter-past four o'clock; it was fine weather on Saturday night.
JOHN SNELL I am a bricklayer, and was employed on 10th Feb. to repair the house—I found this piece of a penknife-blade, about three quarters of an inch long, sticking in the putty of a pane of glass, which was broken in the knife-house window—I gave it to the servant, afterwards got it back from her, and gave it to the inspector—this (produced) is the same.
LUXE BUCK (policeman, V 39). I found this life-preserver on Saturday morning, by the tool-house door, where the entry had been made—on Sunday, about mid-day, I took off Digby's shoes, and compared them with the footmarks—here are peculiar nails in the right-foot at the toe; and, on the inside of the foot, here are four nails of a larger description—here are roundheaded nails on the sole, and square ones on the heel and centre, all which was very distinct in the footmark—I could distinguish the round-headed from the square-headed nails—I found from the print there was a nail missing from the toe on the left-foot—here are four nails on the toe, one out in the corner, and one out in the centre—the nails in the heel are round-headed, and those in the centre, square—that was shown in the impression.
Cross-examined. Q. What is the peculiarity about the shoes? A. There are four descriptions of nails—the marks were across the field, at the back of Mr. Waller's, and in the garden—Drake compared the other's shoes at the same time—we were all together—I made the impression by the side of the original footmark, and saw that they corresponded; and, as I was leaving, I dropped the shoe into the original mark, and saw that it fitted in every respect.
CHARLES JAYNES I am an architect, and reside at 14, Stamford Villas, next door to Mr. Waller, and the gardens are separated by a low wall—on Sunday morning, Feb. 11th, I found a piece of a lamp over on our side of Mr. Waller's wall, nearest to his house; this is it (produced)—it seems exactly to fit the lantern produced.
GEORGE WITHERINGTON (policeman, A 281). I was on duty near Hydepark corner—on Saturday morning, about twenty minutes, or half-past twelve o'clock, I saw the three prisoners together, walking quite fast, in the direction from Piccadilly—I am positive they are the same men—I followed them to the corner of Sloane-street—I first saw them between Hyde-park-corner and Wilton-place; they went down Brompton-road, which is the direction to Stamford Villas—I saw them again that morning, about twenty minutes or half-past four, coming from the direction of the Brompton-road—I was then between Wilton-place and Hyde-park-corner—they were all three together—as they passed me Cullum turned round and said, "That it the b—that was watching us on Wednesday, in York-street"—I was in York-street on the Wednesday, and saw Cullum and Pike there—I am sure it was them—I knew them before.
Pike. Q. What coat had I on? A. The same coat you have now, and a cap. Pike. It is false; I wore a bat.
JOHN JARVIS (policeman, B 72). On Sunday morning, about half-past one o'clock, I was on duty in Cadogan Mews, and heard a noise down a passage—I turned my light on, and saw the prisoner Pike coming towards me—I asked him what he was doing down there that time in the morning—he laid that he was taken short, and came down there to ease himself—I searched him, and found nothing on him—I asked his name, and he said Prince—I asked where he lived, he said in Pimlico—I asked what part, and he said, "49, Graham-street"—I have made inquiries, and there is no such number in the street—he was afterwards allowed to go—about three I went down
the passage again, and beard some one on the wall at the back of the house—I listened, and heard some one speak over the wall—I then went and got assistance, and put policeman 136 on the wall—as soon as he got on the wall he said, Here they are"—I then got on the wall, and saw the two prisoners, Cullum and Digby, crouched under the wall—I got down to them and took them into custody—the wall was seven or eight feet high, and the gardens were on the other side of it—I took them to the station, searched them, and found on Cullum a comb and a tobacco-box; and on Digby I found a tobacco-box, a latch-key and pipe, and this knife (produced)—I afterwards went back and searched the garden of No. 19, and found this chisel—I searched Cullum's lodging—I had ascertained where he lived from private information—I went to No. 2, Pine-apple-court, Castle-lane, Westminster, and there found Pike in bed—I took him into custody, and accused him of being in Cadogan Mews that morning—he denied being there, and said he was in bed at half-past twelve—I heard him say at the station-house that he was in Cadogan Mews that morning.
Cross-examined. Q. Is not Cadogan-place about three miles from Stamford Villas—I should say about that.
WILLIAM PUCKNELL (policeman, A 277). I was present on this Sunday morning, and assisted Jarvis on to the wall, and saw Cullum and Digby—about ten yards from that spot in the same yard I found this life-preserver
(produced). Cullum. Q. Which garden did you find it in? A. The same you were in, about ten yards from you.
JOHN BENJAMIN LEE I live at 20, Cadogan-place, Chelses. On the afternoon of Sunday, 11th Feb., I picked up this lantern in my garden, which is separated from No. 19, by a wall about six feet high—I examined it, laid it down again on the garden chair, and left it there—I beard on the Tuesday that the prisoners were taken, and told the servant to fetch the lantern in—she did so, and gave it to the policeman—I can undertake to swear it is the same lantern—I examined it carefully.
Cullum's Defence. There was a chisel found, the policeman says he found it; and before the Magistrate a cook from 19, Cadogan-place came forward and said that she found it; and as to the footmarks, the policemen say they took the shoes from us on the Sunday afternoon, instead of that it was Sunday morning about eight or nine o'clock, and it was not found out for a fortnight after that Digby's shoes fitted as well as ours; there is nothing particular in my shoes more than there would be in another persona buying a pair at the same shop.
Pike's Defence. On the Saturday night, as I was going home I was taken short, and went down this Mews, which is not connected with any gardens; the policeman came down and prevented me; I did not think I was obliged to give him my proper name and address, as I did not want any bother about it; next morning I was in bed, and the policeman came and took me; I asked what it was for, and they said for putting Cullum over the wall; I denied the charge, but I did not deny having been that way; that ia a falsehood of the policeman's; they asked me what time 1 was at home on the Friday night, and I said half-past twelve, which I was; as to my shoe resembling the marks, there are plenty of shoes the same size; it is false what the policeman says about meeting me with these two men at half-past one on the Friday night; I was in bed at half-past twelve, as my landlady, and the young woman I lived with can prove; I had no cap on that night; I wore a hat; I do not associate with these men; I certainly know them, by having lived about Knightsbridge a good many years, and I own that Cullum lives
in the same house with me, but I have no intimacy with him; I am perfectly innocent of what I am accused of.
MATILDA MOORE I live at 2, Pine Apple-court—the prisoner Pike lived with me—he was taken out of bed from me on Sunday morning—he had come home on the Saturday night about half-past twelve—he had come home early all the week—on the Friday night we both went home together about half-past twelve—he did not go out again.
Cross-examined by MR. ROBINSON Q. What time did he come home on the Friday? A. We left the King's Head, Knightsbridge, about a quarter or ten minutes to twelve, went home together, and went to bed—he was not out at all afterwards—we have lived together about seven months—I was in bed first on the Saturday night—he was at home by half-past twelve, and did not go out afterwards—we were at the King's Head on the Saturday night, and went home early, because neither of us were very well—I had been with him all the Saturday evening, except about an hour—he went out before I did—we did not go near Cadogan Mews on the Saturday night—I was at home at twelve, before him—I parted from him about twelve, and went home, and he came home about half-past—he was with me the whole of Friday night.
CULLUM— GUILTY Aged 24. DIGBY— GUILTY Aged 20. PIKE— GUILTY Aged 18. Death recorded.
(There were two other indictments against the prisoners.)
709. EDWARD PRICE , stealing 1 dressing-case, and 2 knives, value 2s. 6d.; 2 sovereigns, 1 half-sovereign, 15 shillings, 2 groats, and 32 halfpence; the property of George Chandler, in his dwelling-house.
MR. PARRY conducted the Prosecution.
DORCAI CHANDLER I am the wife of George Chandler, who kept a beer-shop, at Beckett's-place, in the parish of St. Mary Abbott's, Kensington. I kept my cash-box locked on the sideboard in my bed-room—on 17th Feb., I went to it at about twelve o'clock in the day, and took a shilling's worth of halfpence from it—I noticed a peculiar halfpenny there, put it back again, and locked the box—there were two sovereigns, one half-sovereign, fifteen shillings, two fourpenny bits, seventeen pence in halfpence, and some articles besides in the box—I left it on the sideboard—I had occasion to go to it again about-five—it was then safe as when I left it at twelve—when I left I shut the door, but I cannot say whether I locked it or not—I went up to bed at about twenty minutes to eleven, was going to put some money into the box, and found it was gone.
Cross-examined by MR. METCALFI Q. Who was in the house beside you? A. My husband and neice—we have since left the house—people came in and out for beer—there were a good many people there in the afternoon—there was no one to wait on them but me, my husband, and niece—I have no servant—the bedroom is on the first floor.
GEORGE CHANDLER I kept this beer-shop on 17th Feb.—I know the prisoner, and saw him that evening about twenty minutes or a quarter to ten o'clock at my bar in company with a female—I served him with a pint of ale—I have not the least doubt about him—the cash-box is my property.
ANN RYAN I am servant to Mr. Coster, of the Star and Garter, Kensington, and know the prisoner. On 17th Feb., between nine and ten o'clock at night, I was standing at the corner of Earl-street, Kensington, in conversation with Ford, and saw the prisoner come from his father's yard, which is not a very great distance from Mr. Chandler's—he had something under his
coat—he crossed over the road, and went up the New-road into Lord Holland's park.
Cross-examined. Q. How do you know it was 17th Feb.? A. Because I recollect it—I was asked about it on the following Monday—I cannot say the time to a minute—it was after nine.
ANN FORD I live at 13, Kensington-buildings, Earl-street. I keep a fruit-stall at the corner of Earl-street, where I generally stand. On 17th Feb., between nine and ten o'clock at night, I was talking to Ryan, and she called my attention to Price—he went across the road towards Lord Holland's gate, passed there towards Hammersmith, then turned back, and went up Lord Holland's-lane, which is the new park—he had something under his coat, but 1 could not see what it was.
JOHN RICHARD WILLIAMS I live at 72, Peel-street, Kensington. On Sunday morning, 18th Feb., about half-past eleven o'clock I was walking with two other boys in Lord Holland's new pathway, and saw a cash-box lying in Mr. Lomas's field, not half a yard from the pathway—I took it home to my mother, and she sent for Goddard the policeman—this is it (produced).
JAMES GODDARD (policeman). In consequence of information I took the prisoner into custody on 19th Feb., searched him, and found a half-sovereign, seven shillings, two sixpences, and 5 1/2 d. in copper (produced)—I told the prisoner he was charged with committing a robbery at Mr. Chandler's—he said he was innocent, he knew nothing of it—I received the cash-box from Mrs. Williams, the boy's mother—the prisoner's father's house is about 100 yards from Mr. Chandler's, and about twenty yards from the corner of
MRS. CHANDLER re-examined. This is my cash-box—this halfpenny is the one I took particular notice of—I swear to it—there was a half-sovereign in the box.
Cross-examined. Q. Where did you take the halfpenny? A. I cannot say—I noticed it when I took the money from the box, and put it back again—there was no other coin that I could recognise.
(The prisoner received a good character.) NOT GUILTY
NEW COURT.—Saturday, March 3d, 1840.
PRESENT—SIR CHAPMAN MARSHALL, Knt., Aid.; Mr. Ald. HOOPER; Mr. Ald. W. HUNTER; Mr. Ald LAURENCE; and MR. COMMON SERJEANT
Before Mr. Common Serjeant and the Sixth Jury.
ANTHONY HEDLEY I am clerk to Martha and Mary Wray. They had a cask of colour at their wharf on the 12th Oct.—it was missed—I did not see it previously to its being stolen, but I know there was a cask of that description landed from a vessel—it is now here—it agrees with the description in the invoice—I have got the manifest here—it is one of the three casks mentioned in this manifest—the whole weight was 8cwt. 3qrs. 14 lbs.—it is addressed to "D. Jones, High-street, Kensington."
Cross-examined by MR. PARRY Q. What weight is marked on this cask?
A. It is not customary to put the weight on it—I am not aware that Mr. Jones is here, the casks were consigned to him.
COURT Q. There were three casks directed to D. Jones, and you lost one of them? A. Yes—it was only absent from the wharf about ten minutes—when this one was brought back I then examined the casks, and there were three—if this had not been one of them there would have been four—we should have been answerable for this if it had been lost.
HENRY WEBB I was at the wharf on 12th Oct. I saw the prisoner kick a piece of tarpaulin out of his cart into Mrs. Wray's warehouse, and Holland, who has been convicted, rolled the cask of colour into the tarpaulin—the prisoner immediately got out of the cart and assisted him to lift it into his cart—it appeared to be heavy—the prisoner immediately drove the cart away—I gave information to the warehouse-keeper, and he dispatched a man after him.
Cross-examined. Q. What are you? A. I am employed by the Parceldelivery Company—I was waiting for my load—I saw the cask—it was of this size and appearance—the cart was Michael Hedges', I believe he lives in Cannon-street-road—the prisoner was the carman.
CHARLES LLOYD I am a labourer, in the service of Mrs. Wray. Information was given to me, and I went in pursuit—I overtook the prisoner on Tower-hill, and found the cask in the tarpaulin at the back of the cart—I stopped the prisoner, and asked what he was going to do with the cask he had in the tail of his cart—he came to the tail of the cart and said he knew no more of the cask being there than a child unborn—I made him go back, and he untied the tarpaulin, and the cask fell out—I went after the ware-house-keeper, and the prisoner made his escape.
Cross-examined. Q. Was Holland taken then? A. Not till after the prisoner had escaped—I did not know that the prisoner was in the employ of Hedges till after I had stopped him—I had no knowledge of him whatever—he said that somebody put the cask into the cart without his knowledge—there were four bales of canvas in the cart that I had assisted to load, they were what he came for—I saw Webb there—I was loading the cart—I did not see the tarpaulin—I was not far enough outside of the warehouse to see it—I can swear to the cask.
GEORGE HYDE (City policeman, 516). I took the prisoner—I told him it was for stealing a cask of colour—he said, "Very well, I will go along with you; it is a bad job for my family"—I know he has been with Mr. Hedges—I do not know how long. (The prisoner received a good character). GUILTY Aged 39.—Recommended to mercy. — Confined Six Months.
WILLIAM LEONARD On 27th Jan. I was at the Swan, in Shoreditch—I had to wait there for some money for work done—I received about 10s. 6d., all in silver—there were shillings and sixpences amongst it—I put it in one of my trowsers' pockets—I went in with one shilling before that—I got drinking—I was not robbed in the public-house, but a long way from there—I was going towards home—I do not recollect being knocked down and robbed, but I was knocked down, that I know, for I have got the marks to show—I lost my money—I was knocked down on my head—I did not come to my recollection before Sunday morning—I felt pain when I came to my senses, and I feel the effects of it now—I have been subject to the headache, and am quite stupified since; quite different to what I was before—I
remained in the hospital from the Monday till the following Monday—I know the prisoner, and he knew me.
Prisoner. The prosecutor has known me the last ten or twelve months; he has lived in the same house, and he known that he never saw me that night.
CHARLES SAYER I saw 10s. 6d. paid to the prosecutor—I saw him put it into his pocket—he then got tipsy—I took him out of the house and walked a little way home with him—next morning I heard he was ill.
JOHN LEE . I am twelve years old, my father is a tailor. My father seat me out on an errand on 27th Jan., and as I was coming along Brick-lane it struck half-past twelve o'clock at night—when I was near Wentworth-street I saw the prosecutor at the corner—I never knew him before—he put his hand into his right trowsers-pocket, and said he had not a shilling in his pocket—he was talking to himself—he went from the corner and came back again—the prisoner and three or four men were at the corner—one of them caught the prosecutor by the collar, and the prisoner turned his pockets inside out—I am sure he is the man that did it—I was three or four yards off him—he then caught him by the arm, brought him four or five yards down Wentworth-street, and there he threw him down on his head—I did not see him take anything out of his pocket—I do not think that they saw me—the prosecutor was quite drunk—the others had gone up Brick-lane, and after the prisoner had thrown the prosecutor down, be ran up Brick-lane—I saw the prosecutor's head bleed—I stayed there till a policeman came, and then there came three or four more—the one that came first ordered a stretcher to be brought, and he held up the prosecutor on his knees till it was brought.
JOSEPH SADLER (policeman, H 68). I found the prosecutor lying down bleeding—Lee gave a very accurate description of the prisoner—I knew who he was—I gave a description to my sergeant, and he was taken the same day,
THOMAS HUGHUS (police man, H 52). I went to a lodging-house in George-street, Spitalfields—I saw the prisoner there—I told him I wanted aim for robbing a man in Spitalfields—he said I was mistaken; he was at home and in bed by ten o'clock on Saturday night, and he did not get up till three o'clock on Sunday morning—I told him I knew it was false, for I searched his lodging at seven o'clock in the morning, and every bed in the house; and more than that I saw him out at three o'clock in the morning.
Prisoner. Q. Did you see me? A. Yes, at the door, and you sat smoking your pipe after that.
Prisoner. I came out of a public-house a few minutes after twelve o'clock, and went home directly.
Prisoner's Defence. I was in the last bed but one in the room, and the person in the next bed told me there had been an officer after me; at twelve o'clock I saw H 52; he saw me come out of the house with an old cost and a pair of slippers on; he has known me to have an honest character.
GUILTY .*†— Transported for Fifteen Years.
MESSRS. BALLANTINE and PARNELL conducted the Prosecution.
JAMES BEAGLE I am a furniture-dealer, and live in Westminster-bridge-road. In March last year I was a customer of Messrs. Woods', of Watling. street—I produce an invoice of four square carpets, which were brought to my house from them on 30th March—they did not suit me; they were the wrong colours—I produce a delivery-order which I got when I delivered them up the next day, I think to Albert, it was to Messrs. Woods' man, who came for them—they were four square carpets in separate pieces—after that I saw no more of them.
Albert. Q. How do you know you gave them to me? A. I said I thought I gave them to you—I did not say I was positive—you and Young always came together—to the best of my belief it was you.
FREDERICK YOUNG I come now out of Newgate—I was formerly carman to Messrs. Woods', of Watling-street—I was convicted in Oct. last for robbing them, and sentenced to be transported—Albert was a porter in their employ-. I know William Burt, he kept a shop in Elm-street—I do not know that he had any other place—he sold carpet-cuttings, and bags and cushions—he worked for Messrs. Caldecott, in Great Russell-street—I have seen him it Messrs. Woods, once or twice—he knew Albert—I do not know whether he had seen him at Messrs. Woods' warehouse. On 30th March, 1848, I took some carpets to Mr. Beagle's, this is the entry of them in this book—it was made by a lad who made the invoice—on the following day, the 31st, I brought away from Mr. Beagle's, four square carpets—Albert was present, he was in the cart at the time they were received in the cart—we drove to Elm-street, where I gave the carpets out to Albert—I then drove to the bottorn of Mount Pleasant, and stopped at a public-house—I do not know whether the measure of the carpets had been taken before they were given to Albert—I waited at the public-house a quarter of an hour or twenty minutes—Albert and William Burt then came—we had some conversation, and had something to drink, and William Burt told us to call up on Sunday morning—Albert and I called on the Sunday morning—we saw Mrs. Burt, and received from her 2l. 8s.—that was all we were to get for the carpets—I do not recollect whether her husband was present at the time—I am not certain whether Mrs. Burt paid the money to Albert or to me—I had 24s., and Albert the other 24s.—I had some conversation with Albert about how he should manage the carpets at the warehouse—he said he should take a sheet down into the cellar, and put four carpets of the same size in it.
Albert. If I had been with him, my signature would have been in the daybook; he carman is only responsible for the driving of the horse; the other man that goes is responsible for the goods.
GEORGE HOWARD (City police-inspector). I went to take William at Messrs. Caldecott's, upholsterers, in Great Russell-street—I asked him if he knew anything about four square carpets, he said no, he did not—I asked him more than once—I told him they were Mr. Wood's—he denied it—I said I had information that he had bought them, he said, he did not; probably his wife might have bought them—I then asked if she had bought them, whether he would ever have seen them, he said, No" he never saw them—I then asked him if he knew a person of the name of Lee, he said, "No, I do not"—I said, Do you know Whitcher?"—he said, "No, I do not"—I said, Do you know Albert?"—he said, No, I do not"—I asked him if he knew Mr. Wood's carpet-warehouse, in Watling-street—he said, he did not—I said, You must know it, for you signed your name"—" Oh yes, he said "I have; I do know them"—I asked him if he did not live in Elm-street,
he said, "No, I do not"—I put the question to him about four times—he said he lived at 11, Gough-street—we got into a cab with him, and the cab went down Elm-street—Mr. Fry, who was in the cab with us, said to him," That is your house, "pointing to 10, Elm-street, Burt said, "Yes, it is"—I went to the house in Gough-street, and then to Elm-street—I searched them both, but did not find the carpets—afterwards, when Elizabeth Burt was present, I made some more inquiries about the carpets—I think I put the question myself to William Burt—I said, "Do you know anything I about the four square carpets?"—he denied knowing anything about them—Elisabeth Burt made answer and said, "It is no use your denying it, you see Albert has told all; you know you were at home that evening"—his answer was," I believe I was."
HENRY WOOD I am in partnership with my brother—we live in Red Lion-court, Watling-street—we keep a carpet-warehouse—Young was a carter in our employ, and Albert was a porter—these carpets were kept in the cellar; Albert would have access to them—if any carpets were removed from that cellar, Albert would know it—if he brought any carpets to Mr. Thackrah he would take Albert's representation about them—it was Albert's duty to be at the warehouse half an hour before other persons; he came at eight o'clock in the morning, and the warehousemen at half-past eight—our stock is very large—we have taken stock lately—our loss is more than 1,000l.—we dismissed Albert on the 4th Nov., but having no case, he was not taken into custody till we got a further statement.
Albert. Q. Had not a man the charge of the door? A. Yes—it was possible for you to take things in and out—a man named Wray was on the premises, who for fifteen or sixteen months embezzled to a large amount, and it was compromised; but these carpets were not connected with him. Albert. Wray had the charge of the carpet-warehouse, and I also; it was my place every day to go to dinner at twelve o'clock; Wray had the opportunity of taking anything as well as me; Mr. Wood declared he did not care what expense he went to, or what he did, so long as he could get hold of us. Witness. I said I did not care what expense I went to, to get the parties taken who bad robbed me.
MR. BALLANTINE Q. Albert was tried last Session? A. Yes—Young was not a witness against him—none of those witnesses are here.
Albert's Defence. Mr. Wood held out hopes to Howard what he would do for him, and he said he did not care what he did, so long as he could lay hold of all of us; I am perfectly innocent of it; Mr. Wood states that he has lost property, but we had left three months before he missed it; he has had a carman since, who has had two months' imprisonment; I took none, not even what I was tried for last Session.
ALBERT— GUILTY of stealing. — Transported for Seven Years. He was also sentenced to be Transported for Seven Years more, upon the indictment on which he was convicted last Session (see page 328). WILLIAM BURT— GUILTY of receiving. — Transported for Fourteen Years . ELIZABETH BURT— NOT GUILTY
(MR. BALLANTINE offered no evidence.) NOT GUILTY
MESSRS. BALLANTINE and PARNELL conducted the Prosecution. GEOROE HOWARD (City police-inspector). Bradley took the prisoner into custody on another charge—after he was in custody I went to his house, in Church-passage, Aldgate—I searched, and found this counterpane and other things—I found his wife there, and I had seen him there just before—I found this table-cover, this toilet-cover, and blanket, and some pieces of carpet on the floor, about two or three yards square—Mr. Wood was with me—I found two pairs of blankets, and two quilts more, Mrs. Whitcher begged for one of each to be left behind—she said the children would be without any.
Cross-examined by MR. PARRY Q. When did you search the house? A. About an hour after the prisoner had been taken—I have since heard that his house was searched in Nov.—I took the table-covers off a shut-up bedstead, which looked like a chest of drawers, and the blanket and counterpanes off the bed—the carpets are not here, they were lying on the floor—this table-cover is worn a little, not a great deal—the counterpane and blanket are worn—I have not examined whether there are any holes in them; they appear nearly new—this table-cover on the bedstead had glasses, mugs, and ornaments on it—I do not know whether Mr. Wood saw it in Nov.—I expected the carpets to have been here; they are at Smithfield—there was one piece of carpet taken from the first floor; it was about as old as this tablecover—the prisoner's wife was present—she said, "For God's sake, don't take all the things: I shall have nothing to cover my children"—Mr. Wood gave her back a counterpane and the fellow blanket to this one—I probably might have said if she had one she would want all; I do not recollect it—I probably might have said to Mr. Wood," Don't give them back, as they are yours"—Mr. Wood claimed them there—he said he sold things like these and he believed them to be his.
HENRY WOOD I am in partnership with my brother; the prisoner was in our employ twelve or thirteen years—we dismissed him on 4th Nov.—his premises were searched on 18th Oct.—we did not take away anything at that time—I saw the premises searched after the prisoner was in custody, and saw these things found—his wages were 20s. a week—these blankets are worth about two guineas a pair—they are three yards and a half long, and three yards wide—we keep a great stock of them—some of them have been missed, we hardly know how many—this counterpane is worth 14s. or 15s.—we have missed a large quantity of them—this toilet-cover is worth about 4s.—we missed articles of this kind and of the same size—I have no mark on them—we had table-covers similar to this—we have missed about 200—we had a large stock of them—they were not in the department where the prisoner was; they were in the same warehouse—one of the carpets found was a square carpet; the other was painted drugget—the carpet was worth about 32s.
Cross-examined. Q. Was not the' drugget very old? A. Perhaps two or three years—the prisoner was dismissed in Nov. last, in consequence of the way in which I found we had been plundered—all the porters were dismissed—when I searched the prisoner's house in Oct. I had two policemen with me—I do not recollect seeing this table-cover then; I saw this blanket and this counterpane—this toilet-cover is a cot-quilt—it is a very good one, and worth about 4s.—we have blankets from 3s. a pair to 80s.—I do not identify
these by any particular marks—we do not mark blanket—these an not common, you would get them at very few shops—I think these blankets and toilet-cover have net been washed; the counterpane has—I believe the whole of these articles to have been part of our stock—the prisoner used to sweep the ground-floor of the warehouse.
JOHN RAIME . I am warehouseman to Messrs. Woods. I have looked through this property—I cannot say anything about this table-cover—I believe the other articles to have come from mv masters' stock—there is no mark on any of them—I form my judgment from having lost goods of this description—five of these toilet-covers are missing, and six of these counterpanes—we have not finished the blanket stock—we have missed tea or twelve pairs.
Cross-examined. Q. How many customers have your house? A. A great many—we supply retail houses; some for ready money, and some not—this counterpane is a common pattern—I have not such a one myself—ours are larger than this—we give our servants coloured counterpanes.
716. DANIEL BARKER , stealing 27 yards of cotton-print, value 1l.; the goods of Andrew Caldecott and others, his masters: and CHARLES WHITCHER feloniously receiving the same, knowing them to be stolen.
MESSRS. BALLANTINE and PARNELL conducted the Prosecution.
HENRY HEMSLEY . I am in the employ of Messrs. Andrew Caldecott and two others, of Cbeapside—Barker was their porter in Oct. last I know this piece of print (produced); it is Messrs. Caldecott's—here is the private mark on it, in my own writing—Barker would have access to the part of the warehouse where it was kept in, but he would have nothing to do with it—his dinner time was from twelve-to one, or from one to two o'clock in the day—I do not know where he dined.
Cross-examined by MR. METCALFE. Q. Do you speak of this having been in your possession at any definite time? A. Tes, last autumn.
Cross-examined by MR. PARRY. Q. Do you allow any of your men to purchase things there? A. They were allowed to purchase, but the entries were made through the day-book if they did—I am quite clear about this mark.
MR. BALLANTINE Q. What would it be sold for to one of your men? A. It is now marked 5s.; it might have been sold to them for 3d., off that price.
COURT Q. Are you able to tell whether it has been sold? A. No—it may have been sold, but there is no entry of any print to Barker—it had not been sold to him, to my knowledge, or to the knowledge of any one in that department,
FREDERICK YOUNG Before I was taken into custody, I remember dining at the Red Lion, in Basing-lane, near to Messrs. Wood's—other porters dined there, mostly from our house—I have seen the prisoners there—I was there dining about two days before I was taken into custody—Whitcher was there with me—I saw Barker there; he told Whitcher that he had got a piece of print, and he took it out of the waistband of his breeches—it was folded much as it is now—he gave it to Whitcher—Whitcher asked me for the handkerchief that my dinner came in—he tied the print up in it, and asked me if I would let my boy take it home, and he would call for it—I said he might do so—my boy brought my dinner in the handkerchief in which the print was tied, and there was a cloth round the basin—Whitcher gave the print to my boy, and he took it home—after the boy was gone, Whitcher gave
Barker two half-crowns—I got home that night at nearly nine o'clock—I saw the bundle there that my boy had taken away.
Cross-examined by MR. PARRY. Q. How many persons were present? A. Only about four of us there—this took place two days previous to my being taken—I was taken on the 18th of Oct.—I have been convicted, and now under sentence of seven years' transportation—I was convicted five years ago—I was then in the employ of Mr. Mott, in Fish-street—they sent me out with the cart, and I carried away some copper from a wharf—I then had four months—I had been convicted four years before that for selling a cwt. of soap—I did not know it was in the cart—it did not come before a Jury—I had two months—I do not recollect that anything happened to me before then—I have never said that I was convicted of stealing the soap—I do not recollect that I ever denied it; I was never asked the question—I was in employ at the time I stole it—I never stole anything when I was out of employ—I have never been convicted of anything, but these three things to my recollection—I got into Garey and Wells' employ with a character—I referred to a gentleman I lived with—they knew about the soap and the copper—they did not turn me away; I left on account of slackness—I have never been charged with deserting my wife—I was not discharged from their service because I had left my wife, and was living with another woman—I have never been away from my wife—I did live in St. John's, Westminster—my wife did not live with me there—a female named Ward lived with me—I lived with her about two months—I took my son from school where my wife had put him, to live with me there—I have not lived with any one beside—I was not living with Ward regularly—I do not expect to get anything for giving my evidence here—I have given it for the purposes of justice—I was asked the truth, and I have stated it—no one told me it might be of service to me if I told the truth—Mr. Cope said he would not promise that it would be of service to me, but it might be—he would not tell one way or the other, but it might be.
Cross-examined by MR. METCALFE Q. You had seen Whitcher and Barker at this house before? A. Yes—I had never seen any transaction between them—Whitcher asked me for the boy to take this to my house, and be would call for it in the evening—my boy must have come in before, because we had the handkerchief off the bundle to tie the cotton up in.
MR. BALLANTINE. Q. There was a woman cohabited with you? A. Yes—she had a daughter who was six years old—Mr. Cope told me if I told the truth it was possible it might be better for me—my boy is twelve years oldit is about three years and a half since I lived with Ward at Westminster.
FREDERICK YOUNG , Jun. I am the son of Frederick Young—I shall be twelve years old on the 10th of April—in Oct. last, I was living with my father and mother in Albion-buildings, Fore-street—I used to take my father's dinner to him at the Red Lion, in Basing-lane—my mother gave it me—I recollect my father being taken into custody—I took his dinner to him the day before that, at the Red Lion—Whitcher was there—I know Barker by sight—I have seen him talking to my father at his stable-door—I do not think I saw him at the Red Lion—my father's dinner was put into a basin, wrapped up in a towel, and then put into a handkerchief—I did not stop till my father had done his dinner—I left him with the handkerchief—Whitcher put a bit of print in it and gave it to me, and my father told me to take it home—I took it home, and put it upon the bed—the officers came and found it there, and took it away—I saw Mr. Bradley with it under his arm.
Cross-examined by MR. PARRY. Q. When do you say this was? A. In
Oct., the day before my father was taken up—I did not go every day with my father's dinner—I have lived at my grandmother's in Plough-yard, Shoreditch—I have lived more there than at home—I staid with my father in Little Park-street, Westminster, about nine months, with a lady of the name of Prieston—my father took me from school to go there—my mother had put me in school—Mrs. Prieston's name was Ward, but she has been married—I had not been in the habit of staying anywhere else with my father—I never went with my mother to the gaol about this print—I went with my mother to see the Sheriff—I do not know whether she asked him about the print—she asked for my father's watch.
MR. BALLANTINE Q. Have you seen your father at all since he was taken? A. Yes; I have been to see him at Newgate a good many times—I first knew that I should be wanted about this stuff, when I was up at Guild hall—I saw my father go there, but I had no communication with him—my mother has said I was along with Mrs. Prieston for nine months.
ELIZA YOUNG I am the wife of Frederick Young. I remember a piece of print being brought to my house in a handkerchief, by my little boy, at dinner-time—I put it on the bed—I went and looked at it—it was found by the officers.
Cross-examined by MR. METCALFE Q. What day was this print brought home? A. On the day before my husband was taken.
Cross-examined by MR. PARRY Q. Do you remember going to the Sheriff after your husband was convicted? A. Yes, to claim my husband's watch, and the bit of print—they were mentioned in my petition—I saw my husband twice before his trial—I was taken up myself, and brought up with my husband—I never had two black eyes in my life—I never made any complaint against my husband in my life—he once lived away from me—I have been married to him fourteen years—he has been twice convicted, besides this time.
Cross-examined by MR. PARRY Q. It was found with other things? A. Yes, in a cupboard, in the bed-room. NOT GUILTY
No evidence was offered. NOT GUILTY
(Mr. Heath, a timber-merchant, at Bayswater; Mr. Joseph, a stationer, in Soho; and Mr. Rutherford, a chemist, gave him a good character.)
719. GEORGE WOODLEY and WILLIAM JONES , stealing 288 coffin-plates, and other articles, value 5l. 12s.; the goods of Joseph Price and another, the masters of Woodley; Jones having been before convicted: to which WOODLEY pleaded GUILTY Aged 20.— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution.
JOSEPH NORIE I am foreman to Mr. Joseph Price and another, of King-street, Smithfield—Woodley was in their service. On 20th Feb. I put myself in a position to see the front of their premises, at a quarter-past eight o'clock in the morning—I saw Jones loitering about the next door, and in a few minutes I saw Woodley come to the shop-door, and beckon Jones in—I then saw Jones come out with a sack on his shoulder—I followed him to Smithfield, till I saw a policeman—J then went to him with the policeman, and the policeman asked him what he had in his bag—be' said coffin-furniture, which he had brought from his master, Mr. Price, in King. street, and he was going to take them to a customer over the water—he was asked the customer's name, and he said, "Mr.—, Mr.—, Mr.—," and then he broke off—we took him to the station, and went back and gave Woodley in charge—this is the property; it is my master's, and worth about 3l. 10s
Cross-examined by MR. BALLANTINE Q. Did he not say they were given to him by some person, and then he could not get out the name? A. He said he was going to take them to a party over the water, and then he could not get out the name—he said he had been sent by a party on the other side of the water to fetch these goods.
MR. ROBINSON Q. When did he say that? A. As he was walking to the station—he had been loitering about the house for nearly five minutes—he did not go into the house, he went up to it.
ADAM M'DONALD (City-policeman, 241). I took the prisoner into custody—he was asked at the station for his address—he gave No. 40, Isabella-street, Oakley-street, Lambeth—I went there with my sergeant, but could not hear of him.
Cross-examined. Q. Who would have authority? A. No one—when they were bought we delivered them to Woodley, the porter—he was the person to deliver them out, when he was authorized to do so—he might get any one to help him, if be were ordered to deliver them—these were delivered from the front door.
Woodley. I employed this man to take them.
JONES— GUILTY Aged 24.— Transported for Ten Years.
(There were two other indictments against Woodley, and one against Jones.)
DARBY JOHN DONOUGHUE On 6th Feb. I was going home, and met Johnson—I went with her to a house where Davis and some other persons were—Johnson asked what I was going to treat her to—I looked round, saw some females, and a man, and I thought it was best to have something—I put my hand into my pocket, amongst some silver; I took out a sixpence, and put it down for some gin—Davis went out for it, and then Johnson put her band into my pocket, and took the money out—Davis came back, and Johnson put her hand to Davis to pass the money to her—I gave charge of Johnson—my money has not been found.
Cross-examined by MR. BALLANTINE Q. How much money did you
lose? A. Ten shillings—I did not mean to go with them, but Johnson forced me up the place, and said she wanted to speak to me—I did not go anywhere with Johnson, only to 13, Newcastle-court—I suppose it is a bad house—I did not know what Johnson wanted; she forced me to go—she met me at a public-house door—I am nearly forty years old—I am married.
Johnson. You have often been in company with me during the last six months. Witness. I have not; I have seen her before; she lived next door to me some time ago.
COURT Q. Then you were old acquaintances? A. No further than any other customer at my shop—I serve all that comes—I sell coals, and greens, and other things.
JOSEPH GAFF (police-sergeant, F. 41) I went to New castle-court—I took Davis—I told her the charge—she said to a woman named Hayden, "Give me my shawl?"—she did so, and Davis was pushing something to Hayden with this sixpence, which the prosecutor swears to—I took Hayden's hand, and found 3s.
NOT GUILTY .
JANE TEDGELL pleaded GUILTY Aged 24.
MARIA TEDGELL pleaded GUILTY Aged 21.
Confined three months.
MARIA SMITH I am a laundress. Jane and Maria Tedgell worked for me—Sarah Tedgell is their mother—I lost shirts, and other things—I have found three shirts—these are them (produced)—I had them to wash.
SARAH TEDGELL— GUILTY Aged 54.— Confined Three Months.
HENRY HAINIS I employ the prisoner occasionally. On 7th Feb. I was riding alolng in my cart—I told the prisoner to get up and ride—I sent him to Mr. Read's to get some tope and bottoms—I gave him four shillings and two sixpences—he went away, and did not bring them—I found hint next day in a barn—he said he had lost the money—I said if he would give me four shillings I would say no more about it—he said he had not got it, and I gave him into custody.
HENRY READ I sell tops and bottoms. The prisoner came to me that day, and brought a tin-box, and said he wanted it filled with tops and bottoms—he was told to call soon afterwards for them, and he did not.
Prisoner's Defence. He gave me the money to get the tops and bottoms, and when 1 got there there was no money; I did not like to go home; I staid in London all night; I went down the next day, and got into the barn where he found me.
GUILTY Aged 22.— Confined Three Months.
THIRD COURT.—Saturday, March 3d, 1849.
PRESENT.—Mr. Ald. WILLIAM HUNTIR, and EDWARD BULLOCK, Esq.
Before Mr. Bullock and the Seventh Jury.
723. JAMES PAVITT , stealing 8 ozs. weight of cigars, and other articles, value 7s.; the goods of William Jarvis; having been before convicted: to which he pleaded GUILTY Aged 20.— Confined Twelve Months.
JAMES HARDWICK I am a dealer in earthenware at Penny-fields, Poplar—the prisoner was my servant about five months—these plates and jugs are mine—I speak positively to a portion of these other things, but not to all—they are all goods which I supply, and were safe on 6th Feb., at one o'clock.
THOMAS WATKINS (policeman, K 310). On 6th Feb., just before eight o'clock, I followed the prisoner into a coffee-shop, in High-street, Poplar, with this dozen plates—he asked the landlord to let him leave them there for a few minutes—the landlord made no answer—the prisoner put them under she seat—as he came out, I said, "Let me see what you have"—he said, "No"—I took them up, and asked where he got them—he said he bought them—I asked where—he said, "Down the street"—I said, "What shop?"—he could not tell me—I took him to the station, searched him, and found this mug in his pocket—he told me where he lived—I went there, and found this jug, and half-a-dozen china cups and saucers, with the straw and dust just as they came from the warehouse.
Prisoner's Defence. The warehouse was locked up—I was going to take the plates to the other warehouse, and went into the coffee-shop—a number of these things my mother has had for years—Mr. Hardwick never had any cups and saucers of this shape.
MR. HARDWICK re-examined. I had a great many of them, but never sold any—the coffee-shop is about six houses from my shop.
GUILTY Aged 24.—Recommended to mercy. — Confined Four Months
JOHN NORMAN DISNEY I am clerk of the works of the Metropolitan Sewers Commission, and live in King-street, Camden-town. On 12th Feb., some experiments were going on at Cloth-workers-fields—I had an office fitted up there—I had to go into the sewer at about a quarter before two o'clock—I locked the office door, and gave the key to a boy in my employ—there was a small hole in the window, covered with paper—I left my watch on my desk, about eighteen inches from the hole—I returned a little after two, found the glass and paper knocked on to my desk, and my watch gone; this is it (produced.)
JANE WINNETT . I am the wife of James Winnett, of Barton-street, Hackney-road. On 12th Feb. I went to my sisters, in Caroline-street, Hackney, between four and five o'clock—the prisoner came in, took this watch out of his pocket, and asked me if I would mind going to the pawn-broker where I was in the habit of dealing, to know the value; I did so, brought it back, and gave it him.
the value of this watch—she went, and came back, and then be asked me if I would go and pledge it, that his father had lent it him to make a little money to buy some things—I pledged it, and gave him the duplicate and money.
JOHN SMITH (policeman, N 121). I received information, went to the pawnbroker's, and found the watch—I took Winnett into custody—she told me something, and I went to the Britannia Saloon, and found Paull and the prisoner—I took him to the station—he denied all knowledge of it.
Prisoner's Defence. I was at Islington all day until a quarter to six o'clock.
MR. DISNEY re-examined. Clothworkers'-fields is at Islington, just off the New North-road.
ELIZABETH SUTTON I am the prisoner's mother, and live 41, Ward's-place, Lower-road, Islington. On 12th Feb. he went out at nine o'clock in the morning, and did not come home till six—he carries out goods lor his father.
GUILTY .** Aged 21.— Transported for Seven Years.
GEOEGE FENN I am assistant to James Hayers, a pawnbroker. On 22d Feb., about a quarter to seven o'clock at night, I was in the shop, and heard a nail crack—I missed a gown, which was hanging inside the door, five minutes before—I saw the prisoner twelve doors off, with the gown under his arm—I ran, caught him, and saw him throw this gown into the church-yard—I held him till the policeman came, and then picked it up; it is James Hayers property.
Prisoner's Defenc. A chap ran by me with a smock on, and they took me.
GUILTY Aged 17.— Confined Twelve Months.
WILLIAM MIDDLETON On 13th Feb., I received 50 blocks of tin, and 589 ingots, consigned to Williams and Forster—it was in my master's barge, George Ward—I left them in it, under the steam-boat's head—the tin was piled, the large in tens, and the small in twenties—I met the prisoners coming down towards the water—I went to have some beer, and met the prisoners half an hour afterwards, Erle with a bag and something in it, and Ragan had an ingot of tin under his coat—I stopped them, and said to Erle, whom I knew, "Jim, is that you?"—he said, "Yes"—I said, "You have got two ingots of tin belonging to me"—he said, "No, and you shan't have them"—I felt the bag, there was an ingot of tin in it—while I was taking the tin into a house, the prisoners ran away—next night I called Erie out of a public-house, and said, "What have you done with the remaining part of the tin out of the
barge?"—he said, "I did not take any more, only eight; there are six at the public-house"—I sent for a policeman, went to a house in Blue Anchor-yard, and found Ragan—he said, I deserved a b—y punch on my nose—I gave him in charge.
JACOB VONDENBERG I am a dealer in marine-stores, in Rosemary-lane. On 14th Feb., in the afternoon, Erie and another man brought me two ingots of tin for sale, and said, they had got some more—I said I must consider about it—they told me not to take them out of my place—I went to the station.
THOMAS KELLY (policeman). I received these two ingots of tin from Vondenberg, and six more from Mr. White, which were picked up in the mud at Cannon-wharf—I told Ragan he was charged with taking two ingots to Vondenberg's house, on Wednesday—he said he was not there.
JAMES FORD . I am warehouseman to Mr. Ward. I took charge of the barge Jackson from nine o'clock on Tuesday till eight next morning—I counted the tin, and found 578 ingots and fifty blocks, corresponding with these produced.
Erle's Defence. I picked up one ingot in the mud at low water; the barge laid forty fathoms from the shore; how could we get on board?
ERLE— GUILTY . † Aged 19
RAGAN— GUILTY . † Aged 21
confined twelve months.
HENRY HILL (policeman, B 176). On 23d Feb., between six and seven o'clock in the evening, I was on duty in Ranelagh-street, and saw the prisoner with something under his arm—I followed him to a marine storeshop, and asked what he had got—he said, "Only a coat"—I found this lead wrapped in the coat—it exactly corresponds with some iron work on Mr. Cubitt's premises.
SAMUEL BRINE (policeman, B 33). I was with Hill—he took the lead, and 1 went on with the prisoner—he said that I had known him a long while, and never knew him do anything wrong before, that he had been at work on the roof with Mr. Cubitt.
GEORGE WOLF . I am in the employ of Mr. Thomas Cubitt He has no partner—the prisoner was a labourer in his employ—on 13th Feb. he was employed on the roof of a building in Eaton-place—I took the ironwork from there—this bolt on it fits the lead—I cut it out—it is Mr. Cubitt's property.
GEORGE OWEN . I am under shop-foreman to Mr. Cubitt. The prisoner came to me, and said, "This piece of lead came from 56, Eton-place; what shall I do with it?"—I told him to put it with the old materials, but he did not
Prisoner. You told me to take it away, and do as I liked with it. Witness. I did not—it is worth 2s. 6d.
GUILTY. Aged 36.—Recommended to mercy. — Confined Two Months.
ROBERT TAYLOR I am a perfumer, of Brunswick-place, Brompton. These two bottles of scent are mine—I have never sold any with these labels on them—they are new—I saw them safe on 7th Feb., at two o'clock, when I left home—I missed them at five.
EDMUND COX (policeman, A 269). On 7th Feb., about half-past two o'clock, I saw Frowd come out of Mr. Taylor's with these two bottles in his hand—Murphy was looking in at the window—Frowd went and nudged him—I took him, Frowd crossed the road, another constable took him—I had seen them together before.
Frowd. Q. Do you know anything wrong of me? A. You were concerned with a person in stealing chocolate.
FROWD— GUILTY . Aged 16.— Confined One Month.
MURPHY— NOT GUILTY .
OLD COURT.—Monday, March 5th, 1849.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. GIBBS; Mr. Ald. HOOPIR; and MR. COMMON SERJEANT
Before Mr. Common Serjeant and the Jury,
731. MARY ANN JONES , burglariously breaking and entering the dwelling-house of Samuel Godfrey, at St. Leonard, Shoreditch, and stealing 1 looking-glass and stand, value 15s.; his property; to which he pleaded
GUILTY .*— Transported for Seven Years.
732. GEORGE SMITH , stealing, in the dwelling-house of Frederick Hill, at Eastcheap, 2 cigar-cases and 4 cigars, value 4s.; 23 shillings, and 42 groats; his property; and afterwards burglariously breaking out of the said dwelling-house; to which he pleaded GUILTY Aged 14.— Confined Six Months.
733. WINIFORD SHERIDAN , feloniously breaking and entering the dwelling-house of Samuel Godfrey, at St. Leonard, Shoreditch, and stealing 1 coat, 3 gowns, and other articles, value 7l.; his property; to which she pleaded GUILTY .— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
GEORGE WOOLFORD 1 keep the Coach and Horses, in Leather-lane. The prisoner has been in my service two months as potboy, and occasionally assisted at the bar—on Thursday, 22d Feb., he was cleaning the brass taps—I went out of the bar, leaving him with his back turned, and the till closed, when I went in again he was drawing his hand from the till—he had something in his hand, which was closed—he then returned to his work, endeavouring to conseal his closed hand between the taps—as he was going to his breakfast 1 desired him before he left to return the money he had taken—on that he opened his hand, and I took from it two penny pieces and three halfpence—I asked what he was going to do with it, and he said to pay the baker—I sent for the baker, and found he owed him only 1d.—I afterwards got him up in his bedroom, and desired him to produce what money he had—he hesitated a moment, and then went to a carpet bag, and from a purse produced 3l. 10s., all in silver—I asked him what more he had—he turned his pocket out—the total of all was 5l. 7s. 10d.—his wages were 5s. a week, but I had not paid him any—he lived in the house, and wanted for nothing—he did not pay my bills—he had no business to go to the till at that time in the morning.
Cross-examined hy MR. ROBINSON Q. 1 believe you had a very good
character with him? A. He never asked me for his wages—it was not understood that he was to have them weekly—his box was unlocked.
THOMAS LUCKETT (policeman, G 234). The prisoner was given into my charge—on the way to the station he said, "What a fool I must have been to take this 3 1/2 d." (The prisoner received a good character.)
GUILTY Aged 23.—Recommended to mercy. — Confined Three Month ,
735. JOHN PHILLIPS, alias Neal , GEORGE PHILLIPS, alias Johnson , THOMAS JACKSON, alias Sidney Hall , MARY ANN ALLEN , and ELIZA BROWN , burglariously breaking and entering the dwelling-house of Henry Raven, and stealing therein 1 scent-case, 1 scentbottle, 2 spoons, 5 pieces of silver coin, 4 pieces of foreign silver coin, value 1l. 18s., 14 shillings, 30 pence, and 20 halfpence, his property; and 1 cost, 1 eye-glass, 1 ring, and other articles, value 4l.; the goods of Robert Turnbull; John and George Phillips and Jackson having been before convicted.
MR. COOPER conducted the Prosecution.
HENRY RAVEN . I am a surgeon, at 18, Hunter street—I have a surgery attached to my house on the ground-floor in East Compton-street, in the parish of St. Pancras. On the night of 27th Jan. I was the last person up—I west into the surgery and observed that all was right there—I saw the window was closed with three fastenings, one at each side, and one in the middle, closing with a spring—the shutters push up in three parts, one above another—the two upper ones were up, the other was down—a Venetian blind falls between the window and the shutters—the window appeared to be fastened as usual—I went to bed about twelve o'clock, and was called up about four in the morning—I made an examination with Sergeant Boardman, and missed from the shop the till, which had about 10s. in it—I found the surgery shutters disarranged, the house was broken open, and the property mentioned in the indictment was gone—the prisoner John Phillips was is my service as errand-boy—he came as usual at eight o'clock in the morning, and I observed to him that a robbery had been committed—I sent him for a policeman, and gave him into his custody—the policeman asked him when he slept that night, and he said, with his brother—he did not say where that was.
John Phillips. Q. Did not you have a good character with me? A. Yes; I never found anything dishonest in you while with me.
GEORGE BOARDMAN (policeman, E 16). I was called to Mr. Raven's on 28th Feb., and took John Phillips into custody—I asked him where he lodged—with some reluctance he said he had been lodging with his brothers—he could not tell me the number of the house, but he said he would show it me—he took me to 2, Paradise-street, Gray's-inn-road—we got there between eight and nine—I left him in charge of Harris, who accompanied us, and I went into the first floor back room, and there saw Brown sitting on the bed dressed, and Allen lying in bed with her clothes on—Harris then brought up John Phillips—I made a search; and while so doing, I saw Allen endeavouring to conceal something—I seized her hand, and in it found two gold pins, nine pieces of coin, a gold eye-glass, a gold ring, and a silver scent-box—when we had been there ten minutes or a quarter of an hour Jackson came in with three loaves of bread and some butter; Harris searched him in my presence.
Cross-examined by MR. O'BRIEN Q. The females are both unfortunate girls? A. Yes.
John Phillips. I did not tell him I slept with my brother; I did not know where he lived till the policeman took me there. Witness. I should not have known where to go if he had not taken me.
George Phillips. He knew before where I lived. Witness. I did not.
MR. RAVEN re-examined. The things produced are mine.
EDWARD HARRIS (policeman, E 17). I went with Boadman to Paradise-street, and held John Phillips before going up-stairs—I afterwards took him in, and found the two females there—I found eleven keys, three of which are skeleton, and the others are filed up and roughly finished, in this handkerchief—I afterwards took Jackson into custody, searched him, and found on him a small box, containing 3s. 4d., and Is. and a halfpenny in his pocket—I found this coat (produced) on the bed in the room.
WILLIAM HARRIS (policeman, N 12). On 29th Jan. 1 went to Manning's Coffee-house, Maiden-lane, King's-cross, and found George Phillips in bed there—I told him I wanted him for a robbery at the house where his brother had been living servant—he said that he intended to give himself up to clear the two dolls, meaning the girls, for they had nothing to do with the robbery, but he would jump his young brother's guts out, as soon as he got near him, fur giving information; if he got settled, and got in the dock by him, I should see what be would do to him—settled means transported—I have frequently seen George Phillips ten or a dosen times of a night, and have seen him with a handkerchief similar to this in which the keys were found, I have no doubt it is the same—I have frequently seen Jackson and George Phillips go into the house in Paradise-street, and seen them come out again—George Phillips lived with Allen; and Jackson, whose right name is Sidney Hall, lives with Brown—I have never seen John Phillips go to the house.
George Phillips. You said, "I want you for your brother's case," and I said, "I know nothing of it;" and you said directly, "Your brother has told me of it." Witness. I did not—Mr. Manning was present, and you said to him, "Was I not coming to give myself up"—you did not say," If my brother has told any lies about me I shall jump his guts out"—I have no doubt this is the handkerchief I have seen you wear.
Q. You told the Magistrate that you heard the robbery was going to be committed on the Friday, and that you told Sergeant Boadman to go and search my house? A. I told the Magistrate that I had information on Saturday morning, the 27th, that I had heard that you had said in the coffee-shop that you had been to a place where your brother was living to do a job, but you had been crabbed, for your brother had not unfastened the window, but you would do it another night—I immediately gave information at the different police-stations, as I did not then know where your brother was living—the Magistrate did not ask me who had given the information.
WILLIAM LAMBOURNE (policeman, N 489). I was on duty at Battle-bridge, on 28th Jan., about ten minutes passed three, I saw four of the prisoners together going towards Gray's-inn-road, towards their own house, and towards Compton-street, too—about five minutes to four I saw them again coming from King's-cross towards 3, Maiden-lane, where I saw George Phillips and Jackson enter.
Cross-examined. Q. Do you know Paradise-row? A. Yes; it is about 200 yards from where I saw them—Compton-street is nearly a quarter of a mile off—they were going towards Gray's-inn-road.
John Phillips. Q. I was not with them? A. No.
George Phillips. Q. How do you know the time? A. By the clock and by my walking—it was about ten minutes past three—Brown and Allen had bonnets on—I did not see any other girls in the coffee-shop—I swear they are the two—I knew them well before.
ROBERT TURNBULL I am assistant to Mr. Raven. I was in the shop or the evening of 27th, and observed that John Phillips, who was the errandboy, was a long while putting up the shutters; he was much longer than usual—I asked him what he was about—he said, merely putting up the shutters—I felt a draft from the window about half-past seven, and thought it was open—John left at about ten o'clock—this coat (produced) is mine—it was hanging up in the surgery that night, and was gone next morning.
John Phillips. Q. Did you see the window open? A. No; I believe you lifted it up and closed it again—I did not examine the shutters after you put them up—the window would not stop up unless you held it, or put something to fasten it up—when you lifted it up I said, "What are you about," and then I heard it close again as I thought, and you put up the shutters—I was in the shop at the time—the shop-door was closed, the draft could not come in there.
ANN ELIZABETH RAVEN I am the prosecutor's wife. I had a workbox up-stairs with some money in it, among which were several new shillings, dated 1845 and 1846—these coins found on Jackson are very much like those I had.
Jackson. Q. Are they yours? A. To the best of my belief—I cannot swear to them, but I had some of that date.
John Phillips's Defence. I deny the charge; I am as innocent of it you are, my Lord.
George Phillips's Defence. The policeman swears I lived in this house where the property was found, and the landlady was before the Magistrate and stated there were a quantity of chaps came to see two females; she was then asked whether she had seen me; she said once, and that was that day week, and she had not seen me since; Harris has known me for some time; he has warned me several times for different things; he threatened he would have me whether he could get me or not; I have been doing the best to get my living; I did not say I would give myself up to acquit the two dolls; I told him I knew nothing of the case; I did not live with either of the girls; 1 lived at Westminster till the day I was taken; I never slept at the house a whole night, since I knew the females.
Jackson's Defence. I only knew Brown two or three weeks previous to the robbery; I visited the house once or twice, and the last time was a week previous, I generally took things for breakfast; the money found on me was my own.
ELIZA GRANDY (examined by George Phillips.) I am the landlady of the house, and live next door—I have seen you in the house twice—the last time was the Monday before the robbery, the 22nd—I let the house to lodgers, working-men—the two females lived in the back-room—I let it to them only.
MR. COOPEE. Q. YOU are not always looking out at your door? A. I have been ill for some time, and confined to my bed, and therefore I could not see who went in or out, and my husband has been in the country.
WILLIAM HARRIS . re-examined. Jackson had not lived long with Brows—a man named Smith previously lived with Allen, and Phillips took her away from him and took her to Westminster—they were there three days and then came back to the same house—he lived with Brown previously.
WILLIAM HARRIS . (re-examined). I produce two certificates of George Phillips's conviction—I was present—he is the same person—(read Convicted June, 1848, confined six months; also, George Johnson and John Neal, convicted July, 1847, confined six months.)
JOHN PHILLIPS, ALLEN, and BROWN— NOT GUILTY . GEORGE PHILLIPS— GUILTY Aged 19.
JACKSON— GUILTY Aged 19.
Transported for Ten Years.
JOHN STODART . About four o'clock on 6th Feb. I was in a brick-field at Haggerstone, and saw the prisoner leading a boy of about seven years of age by the canal—she caught him under his arm-pits and threw him into the canal—the boy cried out, "Oh, mother!"—she was going to throw herself in, and I ran and prevented her—she had taken her shawl off and was taking her bonnet off when I stopped her—she was just at the edge of the canal—the water was about three feet deep where the boy was thrown in, but he got out into the centre—I got in and got him out—he was then in about five feet water—the prisoner said she was starving and had had nothing to eat since three o'clock the day before—she was crying—I do not think the boy spoke—he did not appear to be starving—he was a rosy-cheeked little fellow—he is here.
Cross-examined by MR. COOPER. Q. Did you notice her manner? A. No—she seemed to throw her shawl off in a wild manner—it was all done in a moment—a friend came up and took care of her, and I rescued the child—I took him to a public-house and she followed—she did not take any notice of the child then—I took the boy into the tap-room and stripped him—I did not take any further notice of her.
JOHN WILDING . I saw the prisoner walking by the side of the canal leading the boy by the hand—she came through a little gateway, then dragged hold of him and threw him into the water—she then took off her shawl, and was untying her bonnet and was going to jump in herself, when Stodart came and stopped her—he jumped in and got the boy out
Cross-examined. Q. Did she appear to be very wild and distracted? A. Yes, she was crying all the time—she seemed as if she knew what she was about—I accompanied Stodart to the public-house with her, and stayed there till she went to the station—she was crying all the time—she said nothing at all to the child the whole time, but stood quite quiet
HENRY BARHAM HEATH (policeman, N 428). I took the prisoner into custody—she was crying—I asked what she threw the child into the water for, she said it was through distress, that she and the child had been starving since the day before—on the way to the station she said, "If assistance had come five or ten minutes later she should not have been taken before the Magistrate."
Cross-examined. Q. Have you made inquiries about her since? A. No—she seemed very full of distress and anguish—I have not found out who she is, the workhouse authorities do that—the child has been there since.
PATRICK TUTTLE . I live at 2, Mount-court, Harrow-alley, Houndsditch. On 27th Sept., I was sitting near the tap-room door, at the Horse and Leaping Bar, Whitechapel, when the prisoner and her sister came in—I had had quarrel with her husband about an hour previous—she had a jug concealed
behind her, and said, "There you are you b----," and knocked me with the jug on the nose, broke the jug to pieces, and laid me senseless on the ground—I had not spoken a single word to her.
Cross-examined by MR. O'BRIEN Q. What time was it? A. About half-past twelve o'clock in the day—her husband has been in the hospital, I do not know how long—the prisoner had no child with her—I am godfather to the child she has in her arms now.
Cross-examined. Q. Were you present at the quarrel between White and the prosecutor? A. Yes—White is a fighting man.
PETER GOWLAND I am a surgeon. I dressed the prosecutor's wounds—there were two on the head, and one across the top of the nose, which was almost separated, it was hanging by a piece of skin—I made a nose of it.
Cross-examined. Q. Did you attend White? A. Yes—he was brought to the hospital the same day as Tuttle—I think he had two black eyes, and a contused wound.
GUILTY of a common assault Aged 25.— Confined Three Months.
MR. MELLER conducted the Prosecution. JAMES FRY I was brough up as a surgeon. On Tuesday evening, 20th Feb., I came from the West-end, and went into a public-house in Aldersgate-street, just after one o'clock—I do not know the sign of the house—the landlord's name is Watkins—after I bad been there a few minutes, the prisoner came in with three or four men—I was taking a glass of half-and-half—she and the others came round me, and pressed me very much to treat them to some gin—I said, "I don't see why I should, you are strangers to me, but if you want a drop of gin so badly have it, and I will pay for it"—they called for the gin, and I paid for it—I had no purse, my money was loose in my pocket—I reside in Bull-yard, at the bottom of Fann-street, about 500 yards from the public-house—I went away directly, and as soon as I had left about twenty yards they came round me again, and pressed me to go to another public-house—the prisoner was among them—I refused—when I went to turn in to go down the yard, to my own house, they caught hold of me, and pushed me up the passage seven or ten yards—I believe the prisoner was right on my side, behind me—I cried," Murder! "as loud as I could halloo—I then received a severe blow from a weapon which clung very close to my head—I had a very thick hat on—I was knocked down insensible, and in a few minutes, when I came to my senses, I found I was almost stifled—a handkerchief was held over my mouth—I heard one say," Turn him over, it is in the other pocket," and in turning me over they tore my pocket almost down to my knee, and I found a hand in my pocket twice—I had about 11l. or 12l. in gold and silver in my pockets which was taken away—I had left my watch at home—I am positive the prisoner is one of the persons who pushed me up the Court.
Cross-examined by MR. PAYNE Q. What are you? A. I am a drysalter now—I had some business at the West-end which kept me very late—I was thirsty, and went to have a glass of half-and-half—I might have been in the public-house nearly an hour—I was waiting in front of the bar—before I went to the public-house I had taken part of three glasses of gin-and water
with some parties I had been doing business with—I might have had a glass of ale at my dinner, but no wine or spirits—I was about twenty or thirty vards from my house when they interfered with me—I have a wife, son, and daughter at home—I had taken more than I was in the habit of taking, but I was not tipsy—I perfectly understood what I was about—I believe these people called for half-a-pint of gin which I paid for—I "cannot say whether the prisoner left the house before the others—I might have remained in the house after she was gone—I know she was with them when they came round me at the top of Fann-street—I know she was there a minute or two previous to my going out—a man was taken into custody, and I swore to him before Mr. Coombes, the Magistrate—it was sworn that he was elsewhere, and he was discharged, but I still believe that he was one of the persons—I think I saw the prisoner again about five o'clock the same morning—I gave a description of her to the policeman, and he took me down to where she was lodging—I waited there—she was not at home—he then kept me on the look out and went to a public-house where she resorted—he brought her from there, and I knew her again.
COURT Q. Are you sure the same woman seised you in the court that you saw in the public-house? A. Yes, and that is the prisoner—she walked down the street by my side—she had hold of my shoulder when I received the blow.
CORNELIUS WATKINS My father keeps the Golden Horse, in Aldersgate-street. On 20th Feb., between one and two o'clock, I saw the prisoner at our house with some men with whom I had seen her there before—she was drinking with them—I saw Mr. Fry there; he was rather the worse for liquor, but was not drunk—I received the money he paid for the drink—he went out alone, and the men immediately followed him—the prisoner had left two or three minutes previously.
cross-examined. Q. How long did the prosecutor remain in your house? A. About three-quarters of an hour—he first had a glass of half-and-half when he came in, and about ten minutes before he left he had a glass of ale—I do not believe he treated the persona to any gin—I was there all the time, but not in the bar.
ELIZABETH FRY I am the wife of the prosecutor, between one and two o'clock on this morning I was sitting up, waiting for him—he was much later than usual—I distinctly beard a stifled cry of" Murder—I knew it to be my husband's voice, and immediately ran to the door—before I got across the yard I heard it again, and could tell it came from Sadler's-buildings—I went there, and he was just picking up his hat—his face was covered with blood—I thought his throat was cut—he was not drunk, but had been drinking more than usual—he complained of havingbeen robbed—I took him home.
GEORGE BANKS (City-policeman, 153). In consequence of something communicated to me I went and found Fry in his own house—I had seen the prisoner in company with three men, at twenty-five minutes past two o'clock, coming in a direction from Sadler's-buildings—I apprehended the prisoner at the White Hart, Old-street, about half-past three—I told her what I took her for—she said she knew nothing about it—Mr. Fry recognized her.
Cross-examined. Q. Did not the prisoner speak to you when she met you? A. Yes—I was on duty, in my police-dress—she did not give herself up to me—I went, and found her at the house.
night, 20th Feb., I saw the prisoner, a little after two o'clock, near Fann-street, Aldersgate-street, about thirty or forty yards from Sadler's-buildings.
Cross-examined. Q. Was she alone? A. Yes; she spoke to me—she is about there of a night sometimes. NOT GUILTY
NEW COURT.—Monday, March 5M, 1849.
PRESENT—Mr. Ald. FAREBROTHBR; Mr. Ald. GIBBS; Mr. Ald. MUSGROVS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury,
GUILTY .* Aged 17.— Transported for Seven Years ,
GUILTY Aged 26.— Confined Twelve Months ,
GUILTY — Confined Twelve Months.
CHARLES JONES pleaded GUILTY JAMES JONES pleaded GUILTY confined six months
MR. PAYNE conducted the Prosecution.
EDWARD HENRY DAVIS I live in Castle-street, Falcon-square. I know the prisoner—I first had transactions with him about the middle of Oct.—he obtained one customer for me for some cloth—on 25th Oct. I had a case of gloves, containing 110 dozens of different sizes and qualities, sent to me direct from Paris; they were done up in dozens, and were in cartoons—the prisoner said he thought he could dispose of the whole to a friend, or a relation of his, in Regent street, who were large buyers—he mentioned the name of Ablett and Wheeler, and asked me whether I would allow him to take samples of the lot, to show to that house—I said I should take till next day to consider—he called next day—I said I had looked up eighteen dozen, of different qualities, which would be a fair representation of the 110—I gave him the price they were to be offered at—he was to bring them back in the afternoon, and tell me what he had done—he did not come back—on 2d Nov., about a week afterwards, I met him in the street—his eye caught me, and he apparently wished to avoid me, but we came in contact; he appeared very much embarrassed—I said, "Where are my gloves?"—he said, "I have been extremely ill, laid up; I could not come to you"—I said, "Where are the gloves?"—he said, "They are at Ablett and Wheeler's, for approyal"—I said I had sold the lot; I must have them returned immediately—I added, further, I had sent them to Birmingham, and I must have them that evening to sell the lot—he said, "I will go instantly, and fetch them"—before
he went I asked him for his address, and he gave me a false address, 14, Bartholomew-close—I was not able to find anything of him there; I went to every house there—he turned off from me, in the direction of Regent-street—he did not come back with the gloves that evening—on the evening of 9th Nov. he called at my house, in my absence, and saw my wife—I found that ten dozen of those gloves that had been sent, bad been left at my house; they were rumpled and creased terribly, as though they had been in pawn—they were not in a condition in which I could sell them at the same price as the others—on 10th Nov. I met the prisoner in Falcon-street—I told him to come back to my house, and when I got him inside I said, "Now, where are my gloves? you have brought back ten dozen; where are the eight dozen?"—(the eight dozen were worth about 11l., and the others were in about the same ratio)—he said first he had lost them—I said, "I have just come from the police-office, in Scotland-yard; I intend to give you into custody"—he begged and prayed of me not to do to—he then said he had left them at the bar of a public-house—I wanted to know the public-house, or whereabouts it was, but he could not tell me—he said this was his first offence; that his character had never been tarnished before, and it would blast his reputation if I exposed him; that he would restore them if I would give him time—I told him he had given me a false address—he said he could not account for that—I asked where his lodgings were—he told me, and I went there with him; it was in Charterhouse-lane—he remained outside—I went in, and made inquiries—I found that he lived there, but said that I was not satisfied with what I beard from his landlady, it appeared that his illness was constant drunkenness—he said he would restore the gloves, if I would allow him to do so, and not give him in charge—he did not tell me that he had sold them at an inferior price, and in a wrong name.
Cross-examined by Ma. ROBINSON Q. How long have you known him? A. By sight, three years—I have never been on intimate terms with him—I only spoke to him on his coming to my shop to sell a piece of cloth—I did not know that he had a connection—I asked him whether he could sell to large houses—he only made one sale for me, and that I did not like: it was to a tailor, and my object was to sell to wholesale-houses—he was not to divide that commission with me; he was to have the whole, I was to have 3 per cent, on woollen-goods—I had other goods to attend to, and could not give my attention to woollen-goods—I have sued a person for some goods that the prisoner sold—I have had four transactions with the prisoner since these gloves—he had not been selling for me up to the time of my giving him into custody—the last sale he made for me was on 21st Nov.; he brought the order on that day—I have not paid him any commission at all—I have not received any of that money yet, and I am afraid I never shall—if that money were paid, there would be a commission to him of about 3l. 10s.—I owe him 1l. 6s. for Wilson's account, which was paid to me in Dec.: I have not paid him that—I never offered to set off the 5l. commission I owed him against the gloves—I do not know that there were two dozen gloves sold to Mr. Ablett—I have not got my commission-account here—the first time I was before the Magistrate he wished for my commission-account—I said, I would immediately go and fetch it, and I did, and left it with him—these were not damaged gloves at all; they had never seen day-light till I took them out to give them to him—they were not damaged, I had opened them, and looked at them—the value of the eight dozen was about 11l.; they averaged 26s. a dozen—I do not recollect when I gave him into custody; I dare say it was about 9th Feb.—the whole amount of what he has sold for
me was about 120l.—I have not asked him to make sales for me since the transaction of these gloves; he has begged me to accept the sales; I doubted whether I should, for they were very small orders, however, I did it—the prisoner said it was his first offence, I mentioned that at Guildhall, but a great deal that I said was not taken in the deposition—on my oath, it was not me that first asked him to sell these gloves for me, I should never have thought of asking him—he saw them, because he was in my warehouse, where the case was lying open—he has offered to pay me for them—I do not know that he has been ill—I should say there were ten different qualities of gloves, I gave him some of each—I should have been very much surprised if he had brought back the money; but if the gloves were not there, and the money was, I should have said, I would rather have the money than nothing; I should not have been satisfied to have sold the eighteen dozen at the price I gave him to represent the whole—I have summoned a man' to the County Court for goods that the prisoner had sold for me—I did not subpoena the prisoner to appear—I did not require him to give evidence—I had cautioned the man not to pay him, or any body but me.
MR. PAYNE Q. The prisoner did not have the cloth in his possession? A. No; I believe what was received from Mr. Wilson, was 42l.—the rest of the 120l. has not been paid.
JOHN LEE ABLETT I am a hosier and glover, in Regent-street, in partnership with Mr. Wheeler—the prisoner is no relation of mine, nor acquaintance, I never saw him that I know of—a person called, and I bought some gloves of him—he made out this bill in the name of John King, in my presence, on 4th Nov.—I paid him on this bill—I gave 15s. 6d. a down for the gloves.
Cross-examined. Q. Do you think you gave a fair price for them? A. It was less than I should have given for them elsewhere, or I should not have bought them at all; these are some of them.
MR. DAVIS re-examined. These gloves are mine—they are not now in the condition they were when I saw them at Guildhall—they have been crumpled.
Cross-examined. Q. Did you not give the prisoner a less quantity than eighteen dozen in the first instance? A. Yes; that evening I gave him two dozen, I think—he brought them back, and said they were very much too dear—I gave him more next day.
HENRY COOPER I am clerk to Cooper and Sons, of St. Paul's Churchyard About Oct. last, the prisoner told me he had some gloves—he offered to give me some, and I was to give him in exchange some cigars—I believe the bill produced to be in bis writing.
Cross-examined. Q. How long have you known him? A. He was in my father's service about three years—he has left since last August—he had a very good character—I am sueing him for some money.
GUILTY Aged 33.— Confined Eight Months.
744. RICHARD PETLEY, ROBERT LEWIS , and CHARLES WALL , stealing 5 quarts of rum, value 10s.; the goods of William Pope, their master, in a vessel on the Thames Wall: having been before convicted. CLARKSON and PAYNE conducted the Prosecution.
Docks, and heard a tapping noise—I rowed in between the barges, and saw Wall standing in the hatchway of the barge, William—one of my men said to him, "What have you got there?"—Wall said, "Turpentine; there is rum alongside"—I jumped into the lug-boat, Bee, with a light, and smelt rum very strong—the boards were all wet—I rubbed my hands on it, and smelt them; it was strong rum—I received some rum from Barginall, in a bottle, out of the cabin of the barge—I found Petley and Lewis there lying down, pretending to be asleep; there was a fire there—Wall was walking about the gunwale—before I spoke to them, my man handed me a bladder from the barge's hold, with three quarts of rum in it, and also a bucket—I said, "Whose coat is this?" Petley said, "It is mine"—I found under it a stone-bottle of strong rum—I asked if they knew anything of it? they said, "No;" Lewis said he came down with the barge, and never left her, and that they had been asleep—I took them to the station, and left Wall there with Bargi-nall—I found this shipping-note on Petley (produced)—I went back and asked Wall what he did in the barge—he said he was ordered by Mr. Pope to take some papers to the watchman.
LEONARD FRANCIS BARGINALL (Thames-policeman). I was with Fox, and heard a tapping—I rowed for the Bee and William—I saw the prisoners in the cabin of the barge, went down, and asked Wall what he had got on board—he said, "Turpentine"—I found a bottle of rum in the cabin, and a bladder of rum in the hold, between the casks, and gave them to Fox—Wall left the cabin, and walked the gunwale—Fox left him in the barge with me—he said he knew nothing about it.
Cross-examined by MR. PLUMFTRE. Q. Were there any men on the barge but the prisoners? A. No.
CHARLES DARDS . I am foreman to William Pope, of Harp-lane, Tower-street. On 13th Feb. I directed Petley, who is a lighterman in Mr. Pope's service, to take some rum from the Custom-house Quay, in the Bee lug-boat, to the Spring, at New Crane, about half a mile below the Wapping entrance of the London Docks—the other prisoners were in Mr. Pope's service—he gave Petley this shipping-note—he was to take it on board the vessel, and get rid of it that night, if the vessel would take it, and if not to stop and take care of it, and deliver it in the morning—I gave him no authority to enter the London Dock entrance—I saw him leave with the boat; it was then as near ten o'clock as possible, according to the state of the tide—he might have got to the Spring in half an hour, very well indeed, and have been on the Bee between seven and eight—there was no smell of rum then—I saw Wall at the counting-house between nine and ten that evening—he is a lighterman in Mr. Pope's service—I directed him to be down at the London Docks, early in the morning, with another load—there was no necessity for his going to the Dock-entrance that night—Lewis was appointed to watch the craft with resin in it.
Cross-examined. Q. How long had Wall been in Mr. Pope's service? A. About ten years, and Petley about seven—they bore very good characters.
WILLIAM POPE , Jun. I am the grandson of Mr. Pope. On 13th Feb. I watched the Bee, at the Custom-house Quay, with four puncheons of rum in her; nobody took any rum from her then—I left her in Olyett's charge.
four puncheons of rum from the West India Docks to the Custom-house Quay, and left Mr. Pope in charge of it—nobody had taken any rum out then WILLIAM POPE The three prisoners were in my employ. 1 was at Custom. house Quay with my grandson when Olyett came—I received the rum, and left my grandson in charge—nobody took any rum out while 1 was there.
Cross-examined. Q. Petley has been in your service seven years? A. Six or seven, and Wall ten—I never found anything wrong before.
ROBERT KEDGE I am a guager in the Customs. On 12th Feb. I guaged I these four puncheons of rum in the West India Docks—on the 19th I guaged them again, and found a deficiency in No. 7 cask, of a gallon, but there may have been a gallon and a half, as I discard fractions in guaging.
Cross-examined. Q. Might it not have leaked out? A. I cannot say, but there was no deficiency in the other three.
GEORGE DARDS I am in Mr. Pope's service. On 13th Feb. I went on board the William, which Lewis had charge of, and took her to the London Dock—Wall took down the Industry at the same time—we left them at the Wapping entrance, and Lewis, Wall, and I, came ashore—I had not the least idea Wall was going back.
ROBERT LUKE OLIVER (Thames-policeman, 31). On 13th Feb. I was on duty from seven till twelve at night—about eleven I saw Wall at the lower pier-head of the London Dock entrance—about half an hour afterwards I saw Petley row right into the entrance in the lug-boat—if he was going to the Spring, half a mile below, he would have no business there—I heard him sing I out two or three times, "Charley, have you got a fire?"—there were a great many barges in the entrance—I suspected nothing—at a little before twelve, Wall came down Wapping Old-stairs, and wanted a cast in—I gave it him, and saw him step over three or four barges—I then saw smoke from a boat which I had seen Petley go to.
JURY Q. How was the tide? A. It wanted an hour and a half of low water—he could get down to the Spring.
PETLEY— GUILTY Aged 21.
LEWIS— GUILTY Aged 38.
WALL— GUILTY Aged 56.
Recommended to mercy.— Confined Three Months
JOHN VINEY I am parish clerk of St. Paul, Deptford. I was present at a marriage on 6th Jan., 1842, between two persons, named Nadin and Pugh—I have no recollection of it, except by the book, where I find my signature—I have a copy of the book here, which I made myself, and examined it—(read, "William Nadin and Elizabeth Pugh married 6th Jan., 1842")—I gave a certificate to the bride at the time.
JOHN CARPENTER (policeman, R 38). I have known the prisoner four or five years—she lived in Boon-street, Lee, nearly opposite to me—William Nadin lived with her as her husband—I have seen them together numbers of times—on Monday night, 5th Feb., I was at the Greenwich station when the prisoner was brought there by Green, charged with this offence—her husband, Nadin, afterwards came in, and I asked her where the certificate of her marriage with that man was—she said it was in a little box in her box—I examined her box, and found this little box with two or three papers in it, and this copy of a certificate (produced)—I last saw Nadin on 12th Feb.
Cross-examined by MR. PARRY. Q. Was she given into your custody? A. No—I was looking for her all day and the previous one—I was about to go to Portsmouth after her—her husband, and the father of the lad she married, applied to the Magistrate for a warrant—I was at the policecourt when the charge was made against her—I did not hear Mr. Jeremy say he thought he should not send her for trial, and I did not then get up and tender my evidence—Green took her into custody—we both searched her box in the presence of her husband and the father of the lad she married; he is eighteen years of age—I did not know, when I asked her for her certificate, that there was a great question as to her identity—I always ask certain questions—I generally question prisoners upon the most material facts—I exercise my own discretion—I am a detective—I have been waiting here all last week—we get 18d. a day extra when we are here; that does not supply us with the extra necessaries, I have tried to get this case over—I lived near the prisoner a year and a half—I lived all that time in one house, and I have done duty there since—I have lived in four or five different places in the last three or four years.
JOHN VINET reexamined. The certificate produced is the one I gave to the bride at the time—I always give it to the bride, and tell her it is her property—all other registers or certificates given at other times I make a certificate of.
GEORGE MACKENZIE . I have known the prisoner two or three years. On 8th Jan., 1849, she came to my place, and asked me to go to Church with her—I went to Whitechapel Church, and she was married to Edward Chesney Seal in my presence—I signed the book "William Smith:" that is not my name—she had asked me whether I would sign my own name—I said I did not want my friends to know I was in it.
Crossexamined. Q. Are you married? A. No—the parish clerk is not here—I am the only witness—this is the only thing of the sort I have done—I was rather frightened.
JOSEPH GREEN (policeman, R 315). I took the prisoner on 25th Feb., I told her what she was charged with—I asked her where the certificate of her marriage was—she said in her box in her room in Parkstreet—I went to the box, and found this certificate—(read—"Edward Chesney Seal, bachelor, and Elizabeth Ann Pugh, spinster, married 8th Jan., 1849")—I have examined it with the books at the Church—it is a true copy.
Crossexamined. Q. Can you read and write? A. Yes—that writing on the top of the certificate is mine—I put that word" bocks" short; it means "box"—I have read the certificate with the book—I do not know whether I am a detective—I have been appointed to plain clothes duty—I do not know whether I could have managed this without Carpenter's assistance—I have not been drinking this morning—I was examined after Carpenter at the policeoffice—I did not hear Mr. Jeremy hesitate about committing the prisoner—Carpenter did not volunteer his evidence in my presence—the solicitor for the prisoner said there was great doubt about the identity of the first marriage—the Magistrate said there was quite sufficient to send her for trial;—Carpenter had given his evidence before that—I did not think it was an improper question to ask the prisoner where the certificate was—I knew she had it, and asked her for it, to get it from her.
GUILTY . Aged 30.— Confined Two Month ,
St. Marylebone. On Sunday morning, 14th Jan., between one and two o'clock, I got into conversation with a woman in the New-road, and went with her to a house where she was to get me a bed—she did so, and left me alone—I then wound up my watch, and counted my money—there was 1l. 18s.—there was a chain to my watch, I placed it and the watch in one pocket of my trowsers on a chair, and the money in the other—I had been drinking, but knew what I was about—after I had been in bed about five minutes, the prisoner and another man came into the room—the prisoner had a poker in his hand, and said, "You impudent b—, what do you do with my bed, it belongs to me and my mate, we are coach-painters and pay 1s. 6d. a week for it"—he laid the poker across my face, bid me be quiet, then seized my clothes, boots and all, and went down stairs with them—I got out of bed, and asked for my clothes—the door was open, and I heard them wrangling whether I should have my clothes back or not—I went to the top of the stairs, and the prisoner threw me my trowsers back—I exam-ined the pockets, and found the watch and money were gone—I asked for my boots—the prisoner said, "I will give the b—his boots," and threw them up as well—I afterwards got back the other clothes—I went, got a policeman, came back, and searched for the prisoner—there was then no one in the house, they had all gone before I came down.
Cross-examined by MR. O'BRIEN. Q. Why could you not go home to where you lived? A. I could not get in after twelve o'clock—I had been to three coffee shops—the woman showed me the room, and took the candle in—I had spoken to two women; it was not arranged that one of them should stay with me all night—the woman got the candle from below—it was a private house—she unlocked the door of the room, and took the 2s. for the bed—I did not know what sort of a house it was, I had no suspicion about it till the prisoner showed me the poker—I did not see more than one woman in the house, she went down immediately—I did not expect anybody to come in after I gave her the 2s.—I did not see a little girl there—I had had three or four glasses of ale or porter, perhaps—I had had no spirits—I did not begin drinking before half-past eleven—I was not in more than one public-house—I had not been with any other woman—I had been at the Adam and Eve, in Tottenham-court-road—I am married—I always count my money when I sleep in a strange bed—I had left business at half-past eleven—where I lodge at 39, Windham-street, Paddington, they will not allow any one to come in after eleven—my wife was living there then—she is now in the country—I could not get in without alarming the whole house—the landlady locks the door at eleven—I was not more than twenty minutes in this house—a second female came to the door—both the women were taken up, remanded four times, and then discharged.
GEORGE CLARK (policeman, S 279). I saw Turner on the morning of the 14th, between one and two o'clock, in Munster-street, he was perfectly sober—he showed me a house—I went away, got Cooper, and we went into the house—the door was open, and we found no one in it—I went again about an hour afterwards, and found the prisoner and two females in bed on the first-floor front-room, the same that Turner had pointed out—I took them into custody.
Cross-examined. Q. What sort of house is it? A. A house of accommodation—Turner knew what he was doing—he had no signs of drink about him—it was then a quarter-past two o'clock, and he could not have been in a public-house since twelve.
and about two o'clock saw the prisoner come out of No. 8, and go into No. 7—I called, and asked him where he was going—he made no answer, but went into the house—I heard some one in the passage say, "Give the b—his boots"—I heard a disturbance somewhere else, and went away—I came back in a quarter of an hour, and found Turner and Clark, I went to the house, and found no one in it—I afterwards went to the house, and found the prisoner and two women in the same bed Turner had been in—I knew the prisoner before by seeing him about with thieves—I told the prisoner what he was charged with—he said he knew nothing about it—I said, "Why I saw you with the boots"—he made no answer—I took him to the station.
Cross-examined. Q. Were you ever examined before a Court? A. Yes; seven or eight times—I now know that nothing can be more improper in giving evidence against a prisoner, than saying that I know him to be an associate of thieves—I have been in the force six years—when I took him he said the boots were thrown into the window—I heard him say," Give the b—his boots" immediately after he went in with the poker—I was within four yards of him—the poker was then in his hand—Turner was not with us when we took the prisoner; he had described him.
GUILTY . Aged 20.— Transported for Seven Years.
OLD COURT.—Tuesday, March 6th, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. GIBBS; Mr. Ald. MOON; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fourth Jury.
747. THOMAS STERN , breaking and entering the dwelling-house of Hannah Solomons, and stealing 2 gowns, 1 time-piece, 2 salt-cellars, and 1 pair of stockings, value 6l.; I half-crown, and other moneys; her property. MR. MELLER conducted the Prosecution.
HANNAH SOLOMONS . I am a widow, and live at 5, Blacksmiths'-arms-place, St. George's. On 10th Feb. I left the house locked up, between six and seven o'clock, and was away about an hour with my grandson—I came back and found a great many people round the door—a large bag had been brought to the house, and a time-piece, some salt-cellars, stockings, and other things put into it—these are them (produced)—they are mine—I had not given the stockings to the prisoner's wife to wash; they are new—I am sure I left them in the house.
Prisoner. Q. Did not you accuse the people next door of the robbery? A. No.
BENJAMIN SOLOMONS . I live with my grandmother. I was out with her; she sent me on with the key—I could not open the door—I took it out, and the prisoner and another man opened the door and rushed out—there was a gaslight—I am sure of him—I only saw his back—this knife (produced) lay on the table.
ANN KING . I live at 3, Blacksmiths'-arms-place. On this Saturday night, between eight and nine o'clock, I saw the prisoner's wife watching Mrs. Solomons' house—in a few minutes two men came out, one with a blue bundle under his arm—Mrs. Stern ran after him, and they went into Backchurch-lane talking—one of the men was dressed similar to the prisoner.
between the bed and sacking—there was a knock at the door, I opened it and let the prisoner in—he said, "What is the matter?"—his wife said, "I am accused of robbing Mrs. Solomons' house on Saturday night"—the prisoner said, "Those are mine, I had them when I was married"—I found eighteen keys and six skeleton ones, some on the top of a cupboard, and some secreted in a hole in the cellar; three of the skeleton ones open Mrs. Solomons' front-door.
Prisoner's Defence. I have had the salt-cellars ever since I have been married; the stockings were clean and mangled when he took them; my wife has had things of Mrs. Solomons' for a week together.
GUILTY .* Aged 42.— Transported for Ten Years.
FELIX OLD I am a toll-collector. On Saturday, 3d Feb., I was at Limehouse-gate, and went out to a cab at twenty minutes past eleven to col-lect the toll, leaving no one in the toll-house—I was away about three minutes, came back, and found a cupboard broken open, and 5l. in sovereign, half-sovereigns, and silver, gone—I formerly employed the prisoner at the toll bar—I had not seen him that day—I saw him there on Friday the 2nd—he I would know where I kept my money—I sleep in the toll-house.
GEORGE HINDS I live at Marmaduke-street. I met the prisoner the day before the robbery—I had formerly been employed in the toll-house—we slept together that night—he asked how long I 'had been out of employment—I said about five months—he said, "Have you got any money?"—I said, "No"—he said to-morrow he expected 1l., or from that to 10l., and asked me to meet him at Limehouse-gate about half-past seven or eight—I asked what he wanted me for—he would not tell me, and I did not go—he had no money—he spent all he had that night—he was dressed in a light brown coat.
Cross-examined by MR. PAYNE Q. Were you discharged from Mr. Smith's in Wormwood-street on suspicion of stealing? A. Mrs. Smith acccused me, but I left of my own accord—I have not gone about with jugglen—I have with an accordion—I was not at the toll-gate on Friday night; I was on the Thursday.
ELIZABETH HORWOOD The prisoner lodged at my father's—on 3rd Feb. he did did not sleep at home—on Sunday morning he came home and was given in charge on suspicion of stealing a pair of boots of my brother's—I said, "If you have any money to leave I will take it"—he gave me a light half-sovereign of George III., with a cut on it, as if done with a knife.
Cross-examined by MR. ROBINSON Q. Has he always paid his rent regularly? A. Yes, he only owed 2s.—we returned him 8s.—he has stopped out all night two or three times before.
JOHN PAINE (policeman). I took the prisoner, searched him, and found on him two sovereigns, 8s. 6d. in silver, and 1d.—I said, "It is strange you have got so much money"—he said he had sat up eight days and eight nights at St. George's-gate.
JAMES HAMS (policeman, K 21). I took the prisoner, and asked where he was on Saturday night—he said, "At what time?"—I said, "From eleven to twelve"—he said, "At home"—I said, "That won't do, the landlord says you were at the Britannia; when were you at Limehouse last?"—he said, "A month or six weeks ago."
Cross-examined. Q. Were you with Hinds the night before it was lost? A. Yes, and the prisoner—I went into a public-house and found them there—nothing was said about what he was going to do—Reeve, a performer at the Pavillion, was there—I am a pupil of his—I was drinking there with a number of theatricals.
COURT. Q. Have you, directly or indirectly, had any communication with Hinds about robbing this toll-house? A. Not the slightest—I am an assistant at Limehouse-gate now.
(The prisoner received a good character.) NOT GUILTY .
ROBERT BARNES , jun. I am the son of Robert Barnes, of Brick-lane, Spitalfields. On Sunday night, 5th Feb., between nine and ten o'clock, I went to bed, and was the only person in the house—the windows and doors were secure—about half-past one I heard a noise, got up, and saw the prisoner at the staircase-door, in the house, about ten yards from me—I could clearly see his face—I threw up the window, and called "Police!"—a policeman went to the rear of the premises—I let him in—we found a cap and a strange jacket, with a silver spoon in the pocket belonging to my father, just outside the house—the cap belonged to me
Cross-examined by MR. SLEIGH. Q. How do you know the time? A. I asked the policeman—I was looking at the prisoner two or three minutes—he had a light—I had none—he was occupied in taking out a piece of glass in the staircase-door, and did not see me—he had on a jacket similar to this—I saw the prisoner again on Wednesday morning—he was brought to me between three and four o'clock by two policemen—I got up—the policeman said, "Can you identify this man as the one who broke into your premises."
Cross-examined. Q. How many streets did you follow him through? A. Five—I was accompanied by two constables and another person—I fell down, and sprained my ancle—the other person said he could identify him, and promised to come up, but did not.
(Wm. Davis, brass-founder, and Thos. Harvey, trimming-manufacturer, of 2, Fleet-street, gave the prisoner a good character; but Thomas Weakford, policeman H 5, stated that he belonged to a notorious gang of thieves.)
GUILTY .* Aged 21.— Transported for Ten Years.
GEORGE HESTER . I am a maltster and brewer of Stamford-bridge, Fulham. On 20th February, between eleven and twelve in the day, I came home and found the prisoner in my parlour—I begged him to go out over and over again—he said he would go when he liked—I walked out of the beer-shop, and put my hand on him to put him out gently—I used as little violence as I could—he
stood at the gate outside, about four feet from the door, and said he would come in again, he would come in when he liked—I told him if he did I would certainly put him out again—as he went out at the gate, his left heel caught the gate-post and that threw him on his right side—he then pulled a knife out and scraped the dirt off his arm—he still kept saying he would come in—I stood at my door and said, "If you do, I shall put you out again—he then reversed the knife—I made a step over the cill of my door with one foot, and he struck me right down athwart my nose with hit right hand—it was very much cut—I was taken to the hospital, and they thought I should bleed to death—I am still an out-patient.
JOHN ALLSOP . I saw the prisoner scraping his coat with the knife, and saw him walk into Mr. Hester's house after he told him he should not come in—he kept scraping his clothes with the knife—Mr. Hester went in, and as he came to the bar-door the prisoner walked towards the middle of the bar in the passage, and Mr. Hester went to order him out again, and he up with his knife and struck him across the face—he bled very violently—I went and took the knife from the prisoner.
Prisoner. Q. You stated before that Mr. Hester came out to me a second time, and then I struck him? A. I did not see him knock you down the first time.
Prisoner's Defence. I deny that I reversed the position of the knife; I admit that I struck him, but I had no idea of striking him with the knife; I was in liquor.
GUILTY. Aged 25.—Recommended to mercy. — Confined Nine Months.
JOHN SMITH (policeman, G 79).) About eight o'clock on the evening of 31st Jan., I was on duty at the Refuge for the Destitute, in Playhouse-yard—the prisoner had been in for a night's lodging—she was very impudent to the parties inside—when she came out, I said, "You have got your answer; go to St. Luke's-workhouse or somewhere else; they will not admit you again"—that is the rule of the place; they give destitute people a night's lodging—she made use of a very bad expression, and said she would do me some serious injury before the morning—she took a pen-knife from her pocket, opened it, and placed it in her bosom, and afterwards, in attempting to get her away, she cut me under the arm, and cut my two coats, and afterwards she stabbed me in the back of my arm—it bled very much—she was quite sober—she made several attempts to stab me—I kept her off with my truncheon—I did not strike her—the sergeant came up, and in attempting to take the knife from her she cut his finger and bit my thumb—we took her into custody.
Prisoner's Defence. I went there at five o'clock for a night's lodging; I had some bread, and opened my knife to cut it; the policeman then came up, and told me to move out, and threw me out; he then came up again, and said, "You shall not be here"; I said, "I am not doing anything wrong; there was a large number of persons there; they told the policeman I had a knife in my hand; he came up to me in a passion to take it from me; the
sergeant also came up, kicked me in the chest, and knocked me down, and they took the knife from me.
GUILTY . Aged 18.— Transported for Seven Years.
CATHERINE HARVEY . I am an unfortunate girl, and live at 5, Bell-alley, Limehouse—the prisoner lived there with a young woman, who kept the house—on Tuesday, 13th Feb., about one o'clock in the morning, he came into my room and said, "Catherine Harvey, you have got too much talk"—I said, "What in?"—he said "You are too fast"—I said, "What in?" and with that, he up with his fist and struck me in the mouth—Margaret Hilligan, who was sitting alongside me, said, "George, don't strike her"—he said, "You b----wh—e, I will strike you too"—the young woman he lives with advised me to go up to bed, I did so—he ran up after me—I threw up the window—he said, "If you speak another word, I will throw you out"—he caught hold of me, and had it not been for Hilligan, he would have done it—next day I went and got a warrant for him, and when I returned, he was waiting in the room for me—he said, "I will have your life"—he took hold of me round the waist, and threw me on the floor, then took up a piece of the table that was broken, and cut ray head with it—it bled a great deal, and I have been under the doctor's hands with it.
Cross-examined by MR. PLUMPTRE. Q. How long has the prisoner been living in this house? A. About eighteen months altogether—he has left several times and come back again—I did not give him any provocation—I never spoke an angry word to him—he was not sober on the first occasion—he was not quite so drunk the second-time.
MARGARET HILLIGAN . I live in this house. After Harvey had taken out the warrant, we were sitting down, having a cup of tea—the prisoner was sitting on the sofa—he got up, and smashed the milk-pot at Harvey—it did not hit her—he then jumped up, and began to break the things—he broke the table, took up a piece of it, and cut her across the head with it, saying,
"You b----wh—e, I will have your life"—I told him he ought to be ashamed of himself—he said to me," You b—cow, I will take and have your life"—I said, "What for, George?"—he said, "I will let you know what for"—he took up a knife, and aimed it at my face, but I caught it with my hand, and it cut my hand.
Cross-examined. Q. Was the knife open? A. Yes—it was not a clasp-knife—he was not so tipsy as he pretended to be—he was sober enough in the morning; but he very often pretends to be tipsy in order to knock up a piece of work—he had had a little drink, but was not to say the worse for it.
GUILTY . Aged 22.— Transported for Seven Years. (The witnesses
stated that the prisoner had lived upon the proceeds of their prostitution.)
753. WILLIAM HOBBS , feloniously breaking and entering the shop of Henry Evans and another, and stealing therein 100 pairs of boots and 160 pairs of shoes, value 45l., their property.—2d COUNT, feloniously receiving the same.
minutes after ten o'clock at night I locked up the shop—next morning, I went about eight o'clock, opened the door, went, in, and missed about 300 pain of boots and shoes, which had been safe over night—none of them have been found—there were no marks of breaking—the door must have been opened by a skeleton-key.
GEORGE UNDERWOOD . I am a boot and shoemaker, at 4, Chapel-street. On Tuesday week I had information that Mr. Evans' shop had been robbed, and on the Thursday or Friday the prisoner came to me and asked whether I was a buyer of 200 or 300 pairs of shoes; I told aim "Yes," and I would look at them, which I did; and the first he showed me was a pair of women's double-soled cloth boots, which I knew, by a mark that the constable had given me information of—I told the prisoner that I knew these; he said, "You do not"—I said, "They came from somewhere in the New-road"—he said they did not, and seemed a little agitated, and asked if I would have something to drink—I went with him to a public-house, thinking to get some more information out of him—I was confident the shoes came from Evans's, and I told him at the public-house that it was no use denying it, I knew by the mark they came from there—he then said, "Yes, they did come from there; and if we had not done it somebody else would, for nobody slept in the house"—he then came with me to another shop of mine, and asked me to look at them again; I did so, and picked out of one of them a label with "Evans and Son" on it—he took it out of my hand, said, "We have missed one," and put it into his waistcoat-pocket—he asked me again if I would buy them—I said, "No"—he 'offered them to me at 1s., they are worth 4s.—I looked for an officer, but could not see one, and after he was gone I went to the station, and gave information.
Cross-examined by MR. PLUMPTREE. Q. How long have you carried on business in Chapel-street? A. On my own account ten months; my father has lately died, and left me the business—I have been married two years—I am not living with my wife, I do not know where she is—I am living single now—I shall not say whether I am living with any woman—I have never been in prison under a criminal charge—I was before a Magistrate for a rowt but was discharged—I was never in Aylesbury gaol, or in any gaol; that I swear—I have bought two or three pairs of shoes of the prisoner before for 10s. or 12s., which I believed to be his own make, and he has bought a few things of me—I have known him about three or four months.
JOHN JENKINSON (policeman, G 53). I took the prisoner into custody. 1 told him it was for stealing these boots—he said, "Then, I suppose, I must go with you"—I said, "Yes"—he said, "I have expected this ever since last Sunday"—I said, "What do you mean by that?"—he said, "I have had a quarrel with a woman living down-stairs, whose husband is now in Newgate on some charge or other, and she threatened to send the officers on me"—he did not allude to the witness, Underwood's wife, but to the wife of a man who has been sentenced to twelve months' imprisonment this Session, for stealing some gutta percha soles.
THOMAS BARKY . I am fourteen years old—I live with Mr. Underwood, and have done so for six years—I know the prisoner—I remember his coming to my master's shop, and asking him whether he would buy some shoes—he said if they would suit he would buy them—he came inside, and looked at them, and in a pair of women's cloth boots he saw a label with "Evans and Son" on it—he
tore it out, and the prisoner took it out of his hand, and put it into his waistcoat-pocket—I did not hear any more.
Cross-examined. Q. How had you an opportunity of seeing this? A. I saw it in my master's hand, as he was standing in the shop—my master has not been from home the whole six years I have been with him; he has been out at work for his father before he died, which was ten months ago—I have no mistress living at home—there is a woman living at my master's; the wife of my master who died—I do not know how old she is—she does not live with my master as his wife—they have separate beds.
(John Payne, boot-maker, 3. Hackney-road, and Francis Reynolds, printer, 3, New-street, Clothfair, gave the prisoner a good character).
GUILTY on 2d Count. Aged 26.— Transported for Seven Years
(There was another indictment against the prisoner).
GUILTY of a Common Assault. Aged 48.— Confined Nine Months.
MR. CLARKSON conducted the Prosecution.
ANN PALMORE. I am now in decent and respectable service. In July last I lived as servant to the prisoner and a woman named Timbrell, at 3, Hare-court—they cohabited together then—it was not a quiet house—it was a house where women of the town came with men—they paid for accommodation, sometimes I received the money, and sometimes Mrs. Timbrell did—I never knew the prisoner receive it—he was my master, and directed and ordered me as such, and Mrs. Timbrell was my mistress—the prisoner knew the purposes to which the house was devoted—he has seen the men and women come into the house—this was going on for two or three months while I was there—the prisoner has furnished money to Mrs. Timbrell to pay the rates with.
Cross-examined by MR. BRIAELY. Q. Did not he, in fact, reside at 3, Hackney-road? A. I do not know—he had a shop in the Hackney-road, as a boot and shoemaker.
HOWELL GODDARD . I am ward-beadle of Aldersgate-street. No. 3, Hare-court, is in the parish of St. Botolph Without, Aldersgate—I know the defendant and Mrs. Timbrell—I have seen the prisoner go in there a great many times—I know the sort of house it is; it was presented by the neighbours to the Court of Aldermen as a disorderly house—it is a brothel—girls go there with men—the door is kept half open—it is in a public thoroughfare; it comes into Aldersgate-street—the house is a great nuisance to the neighbours—complaints have been made of fighting and riotous conduct.
Cross-examined. Q. Do you know where the prisoner actually resided? A. No; I only know that I have seen him go there—I have seen a great many persons go in.
JAMES FREEMAN . I am a boot-maker, and live at 4, Hare-court, and have done so thirteen years. I know the defendant and Timbrell—their house is a common brothel—the defendant lives there—I have seen him there three or four times a day—I have heard rows and disturbances there repeatedly; fighting, and murder crying, night and day, and language not fit for a man with a family like mine to hear—it has been a nuisance for the last
seven years—the defendant has been prosecuted for it before—I hare sees men thrust out into the street, and Johnson' in rows with them at the door, but not lately—there was a dreadful row with him and Mrs. Timbrell about a month or six weeks ago; they were righting.
Cross-examined. Q. Do you know what business he carried on. A. I believe he had a boot-shop in Hackney-road—I have not seen so much of him as I used to do, but he gives his address 3, Hare-court—I saw him there two or three times the day before the house was shut up, which was last Friday night week, and I heard him there as late as half-past ten o'clock.
HENRY LUTLEY (City-policeman, 268). I know the house 3, Hare-court. On 15th Oct. last, about ten o'clock at night, a gentleman, named Page, came to me, and complained that he had lost his waistcoat from that house—I went there with him, and saw Mrs. Timbrell—he pointed her out as the person that had ill-used him, and I took her to the station, on a charge of assault and robbery—the prisoner accompanied me, and offered to become bail for her—I have frequently seen him in the house—I have been called there scores of times to rows.
GUILTY . Aged 65.— Confined Nine Months, and to enter into his own recognizance in 500l. for three years.
GUILTY on 2d Count. Aged 16.—Recommended to mercy, on account of his youth, and receiving an excellent character. To enter into recognizance to appear and receive judgment when called upon.
HARRIET WATKINS . I know the prisoner. On 12th Feb., he came to me, and said he had had a letter from my sister Sarah, which was partly written to me, telling me to let him have what money be required—he said he wanted to pay for some things to send to my sister—I let him have 14s., believing he had had a letter from my sister Sarah—I should not have done so, had I not believed it; it was only done on my sister's account.
Cross-examined by MR. SAUNDERS. Q. How long had you known the prisoner? A. About a week—I had seen him once before—I understood that he was about to be married to my sister—he said he was looking out for a public-house, to go into business; but he did not mean to do anything of the kind—he represented himself as an inspector of police.
Cross-examined. Q. Did you never do so? A. No—he was paying his addresses to me, and was an accepted lover—we talked about being married, and settling in business.
GUILTY .** Aged 34.— Transported for Seven Years.
EDWIN JOHN BRETT . I live at 33, Clerkenwell-green; it is my dwelling-house; Carter occasionally came there. On the evening of 25th Feb., I found my house broken open—they got in by the flap, and about 2l.-worth of halfpence was gone—I had left them in a drawer in my room, which was locked when I went out, and open when I came home—I received information from my brother-in-law, and found the prisoners up in a loft, where they
used to sleep, both tipsy—Carter was quite insensible; Hooks was not so bad—he said he would tell me all about it; it was not by his wish it was done, but Carter persuaded him to do it—I asked what they had done with the money—Carter said they had spent the greater part of it—I do not think Hooks knew how to get into the house till he was shown by Carter—Carter had got in that way once before, when he was in my employ—Hooks occasionally worked for me as carman—I asked Carter how much they had taken; he said about 2l. worth, by the weight, and he reckoned up with a piece of chalk what he had spent.
Hooks' Defence. I went to my master's on this evening, to have a wash, and met Carter; he asked me to mind 13s. for him, till next morning, and I did; and that is all I know about it.
Carter's Defence. We spent some money, and got tipsy it is true, but 1 did not take the money, neither did I break into the house.
HOOKS— GUILTY . Aged 20.
CARTER— GUILTY . Aged 17.
Confined Four Months.
NEW COURT.—Tuesday, March 6th, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. MOON; and EDWARD BULLOCK, Esq.,
Before Edward Bullock, Esq. and the Sixth Jury,
THOMAS WHITMORE . I am a stationer, in Providence-row, in partnership with Charles Whitmore—the prisoner was in our service—he left on 25th Jan.—I never saw him again till he was at the police-office—I looked at our paper stock, and missed a ream of paper—I had seen it safe that morning—I gave information to the police, and gave the prisoner in custody on 5th Feb.—it was his business to take paper when I told him—I had not told him to take this.
EMMA COX . I am servant to the prosecutors. On 25th Jan., a little before five o'clock, I was in the room, and saw the prisoner take a ream of paper—he took it down stairs—I did not see him again till he was taken.
FREDERICK WILKS . I work-for the prosecutors. On the afternoon of 25th Jan., about half-past five o'clock, I was in Windmill-street, which is just round the corner from my masters' premises, and I saw the prisoner coming with a ream of paper—I said to him, "What is the time?"—he add, "Half-past five"—he went on, and 1 went to my masters' factory—he returned again the same evening to the premises, he had no paper then—he staid about half an hour, and then went away—he did not come to work after that.
Prisoner's Defence. I had occasion to go into the top room, which is called the paper-room, to take a ream of post paper to complete an order—I went to my tea at five o'clock, and returned at half-past five—I found the ream of paper in the workshop where I had left it—I worked till seven, and then left it there.
former conviction, by the name of Charles Smith—(read Convicted May, 1845, confined two months)—the prisoner is the person.
GUILTY .* Aged 44.— Confined Twelve Months ,
CHARLES WILLMER . I am assistant to Mr. William George Gill, of Islington—the prisoner was in his service to carry out medicine—he lived in the house, but did not sleep there. On 22d Feb., he came to work at twenty minutes past seven o'clock—he ought to have staid there till the evening—I missed him at eight that morning, and he did not come back; I missed the jacket and other clothes about eight from the kitchen; it was his livery—he did not wear it in the morning, but in the afternoon—I afterwards missed a table-cover and a basket—I have never seen the basket since—this is the jacket—this knife is Mr. Gill's.
Cross-examined by MR. PAYNE. Q. The prisoner is the son of a widow? A. I believe he is; he had been with us about five months, on Sundays and week-days, from seven o'clock in the morning till half-past ten at night—his master has beaten him—he did not bring these things back to his master's, he brought them to his mother, and she came and told us.
PAUL PRITCHARD (policeman, N 237). I apprehended the prisoner at his mother's—I told him he must come with me to the station for robbing his master of a table-cover, a basket, a knife, and livery—he told me another boy had persuaded him to go away, who had got the jacket on—I apprehended the other boy the next morning, and found the jacket at his mother's.
Cross-examined. Q., The prisoner made no dispute about the things? A. No; his sister told me that he was going to sea—I do not know that he was persuaded to go to sea, and that he lent one article to the other boy because it rained; but that is what he told me.
MART ANN TAYLOR . The prisoner is my half-brother—I recollect fetching him home—I spoke to him about the table-cover; he said it was in the shutter-box, at the bottom of Sermon-lane—I went, and found it then; this is it.
Cross-examined. Q. Did you find where the basket was? A. No; he told me he had put it in a hay-stack, at Bexley-heath—he told me that he and the other boy were going to get a ship, and he took the table-cover to keep the rain off himself, and lent the other boy the jacket to keep the rain off him—he had only 1s. a week at his place, and a great deal was stopped for breakage.
HENRY LEWIS . I am an errand boy—between two and three o'clock on Saturday week, I went with the prisoner to Bexley-heath—I was walking with him, it rained and he lent me a jacket because my own was wet through; this is the jacket—I kept it on all Saturday and Sunday—I had a ship, and I went home to tell my mother—I heard that the policeman had been for the jacket, and I pulled it off, and left it at home—the prisoner had a knife, and this table-cover, and a basket, and a pair of trowsers—he put the basket and trowsers in a hay-stack, near Dartford.
Cross-examined. Q. Did he get a ship? No; he did not—he told me he was beaten. NOT GUILTY .
761. JOHN NEWBY and MARTHA NEWBY , stealing 8 knives and 8 forks, value 2l. 10s.; the goods of John Samuel Hunt and others, the masters of John Newby: to which JOHN NEWBY pleaded GUILTY, and received a good character.—Recommended to mercy. — Confined Six Months.
JOHN MATTHEWS . I am a pawnbroker, of Lambeth. On 17th Feb. about eleven o'clock, Martha Newby came to my shop, and offered those two knives and fork's in pawn—I asked whose they were—she said, "My own".—she first said her name was Newby, then she contradicted it, and said her name was Martha Wood—she told me the lived at 51, Vauxhall-street—I said, "I will send there, and see"—she said, "It is no use your sending there; I don't live there"—I said, "Where do you live?"—she would not tell me, and I gave her into custody.
MARY SHERIDAN . I searched Martha Newby, at the station—this pocket slipped down from her, with five knives and five forks in it—she said, "You need not search me; these things were given to me by a gentlemen, who has been dead more than twelve months."
WILLIAM HENRY NASH . I am assistant to Mr. John Samuel Hunt and his partners; they live in Bond-street. John Newby was a porter in our employ more than three months—I have known him nine years; he bore a good character; he is a dressing-case maker—these knives and forks are the property of Mr. Hunt and his partners.
MARTHA NEWBY— NOT GUILTY .
BENJAMIN ROBERT SYMONS . I am a carpenter. I was at work at a new building, at the corner of Warwick-place, last Saturday week—I left my work about a quarter before one o'clock for three or four minutes—as I name beak I saw the prisoner coming from the parlour where I had been at week, with my coat under his arm, which had been hanging on the wail by the side of the bench—I did not know him—I asked what he wanted with it—he said a man over the way had sent him for it, and he would show me the man if I would let him go—I took my coat, and this plane dropped from it—I bad left it on the bench—this handkerchief was in the coat.
RICHARD COSINS (police-sergeant, B 30). I produce a certificate of the prisoner's former conviction at this Court, by the name of James Condon—(read—Convicted Aug., 1648, confined six months)—the prisoner in the person. GUILTY . Aged 17.— Transported for Seven Years.
763. JOSEPH HEWITSON, JOSEPH JONES , and WILLIAM MELLISHIP , (indicted with George Nash , not in custody,) for stealing 1 bushel of chaff, oats, and split-beans, value 2s. 6d.; the goods of William Webb, the master of Nash.
EDWARD BARBER (policeman, N 387). About half-past seven o'clock in the evening, on 14th Feb., I was in the Green-lanes, Stoke Newington, about sixteen yards from the gate leading to Mr. Webb's brick-field; it was dusk, but not very dark; there was a gas-lamp at the gateway—I observed a omit about 100 yards from the gateway—the prisoner Jones was in it—I knew him before—a few minutes afterwards I saw Melliship standing by the gate, and in a short time I saw Nash, who is Mr. Webb's carter, and Hewitson—I know Hewitson; he is a coal-merchant—they came up the read, in a direction from Mr. Webb's stable—Hewitson had this sack about three parts full—he came
to the gateway, and went just inside—(when I first saw him he was twenty or thirty yards from the gate)—he had a word or two with Melliship, and then Melliship went towards the cart—Jones came back driving the horse, and Melliship walked at the side—Hewitson was still inside the gate—when the cart came opposite the gateway, Hewitson put the bag over the rails on the ground—Melliship took it up, threw it into the cart, and immediately jumped in, and went on with it—Hewitson came out of the gate, passed under the lamp, walked for twenty or thirty yards the same way as the cart was going, and then jumped up into the cart himself—the cart was then going slowly, when he got in, it went off at a smartish trot—I ran after it—when it got within a few yards of Hewitson's house, in King Henry street, in the Back-road, Hewitson jumped out; at the same time Melliship jumped out, and ran into Hewitson's stable-door, which is between where the cart stopped and Hewitson's house—Melliship threw open the folding-door—Jones drove the cart on, and as the horse's nose was going into the stable I caught the horse's head, and in the cart I saw the sack with the corn in it—I took Jones, and my brother officer took Melliship—I told Jones I should take him to the station—he said, "Well, why should I go? fetch my master, I he knows all about it; he brought the cart down the lane; I have only just got into it"—we put Melliship into the cart, and all went to the station-Melliship said he had only just got up, and he bad been cleaning a horse is the stable—I found Hewitson's name on the cart—as we passed by Hewitson's door, we stopped, and Hewitson came out—he had then got his jacket and cap off, and he had a towel in his hand, as though he were washing himself; that was about seven or eight minutes after I saw him jump out of the cart—he wanted to know what was the matter—I said, "You had stolen property in your cart"—he said he did not know that his horse and cart was out of the place—my brother officer said, "You had stolen property in your cart, and you know all about it"—he made no answer—we took the others to the station, and then came back and took Hewitson.
Cross-examined by MR. ROBINSON. Q. What time did you say this was? A. About half-past seven in the evening—it was not a dark evening—I was about sixteen yards from the gate; I will swear it was not twenty yards, I I stepped it out—we were in an unoccupied house looking out at a window, which was open—we were standing one on one side, and the other on the other—we were looking out—when I first saw Hewitson, he was coming up the road twenty or thirty yards from the gate, and Nash with him—they are not something alike in appearance, 1 think Nash is rather bigger than Hewitson—I will swear that I saw Hewitson come up to the place—Nash's house is sixty or seventy yards from Hewitson's—I am not aware that Nash has any stable—I will swear that Jones said his master knew all about it, and that he had brought the cart down the lane—it was not true that Jones had only just got into the cart—when the cart drove off, Nash did not come out of the field; he went back again, to appearance—when I saw Nash and Hewitson coming towards the gate, I saw Melliship, but not Jones—I never saw the four of them together—I never saw Nash after the stuff was put into the cart—we went back to look for him, but could not find him—we were obliged to run pretty sharp to keep up with the cart—I never lost sight of it—we were perhaps twenty or thirty yards behind—I believe they saw us running.
Cross-examined by MR. BIRNIE. Q. What were the words you heard Melliship say to your brother policeman? A. "I have only just awoke out
of my sleep; I have been cleaning the horse in the stable"—that was when my brother officer went into the stable and told him he must come.
MR. CLARKSON. Q. On which side of the way is the gas-light. A. On the gateway side—it was better for us to see, than for the men. who were under it—we stood one on each side the window—during part of the time, I believe my brother officer looked over my shoulder—Hewitson's wife is Nash's sister—there is very little likeness between Nash and Hewitson—Nash is darker than Hewitson.
MR. ROBINSON. Q. Had not Hewitson the same sort of clothes on that Nash had? A. He had a jacket and a cap on, the same as Nash, but Nash had fur round his cap, which the other had not.
GEORGE LANGDON (policeman, N 265.) I was with Barber—we went into the unoccupied house to watch what was going on—when I took Melliship he said he did not know what I wanted him for; he had just awoke out of his sleep, after cleaning the horse in the stable—(it was Hewitson's stable)—I heard Jones say he did not know what we took him for; we should take his master, he knew all about it; that he came down the lane with the cart, and he had but just got into it—Hewitson came out of the house with his jacket off and a towel in his hand.
Cross-examined by MR. ROBINSON. Q. Did you see Hewitson come to the gate? A. Yes, and Nash was with him—I saw Melliship at that time—he was standing at the gateway—I was in the house opposite, looking out of the window—I was not in my police clothes—when I first saw Hewitson he was about thirty yards from the gate—I knew him at that distance, but better when he came nearer—I knew him before.
Cross-examined by MR. BIRNIE. Q. Did you see Melliship in the field? A. No, he was standing at the gate, as if waiting—when Hewitson came up there was apparently some conversation—they stood together two or three minutes.
JOHN MANSFIELD . I have been for some time in the service of Mr. Webb. It was my business to keep the key of his stable—on the evening of the 14th Feb. I locked the stable-door about ten minutes past seven—I locked one door and left the other key with Nash—I have never seen him since—Mr. Webb has discharged me.
JOSEPH ROBINSON TURNER . I am in the employ of Mr. William Webb. The officers produced to me some mixed horse-food; it was oats, clover-hay, split-beans, and chaff—here is some I brought from my master's stable; I have compared it with what is produced by the officers—they are alike—I believe it to be part of my master's food—here is about a bushel and a half in the sack—Nash was one of Mr. Webb's carters, and Mansfield was horsekeeper; he had the charge of the bin—it was his business to lock it up, and to take care of it, but not entirely, if he had confidence in his fellow-workmen.
JOHN NEWCOMBE . I was at Mr. Webb's stable at half-past four in the morning of 15th Feb.—I am in the habit of calling up Nash—the stable was then locked—I went to Nash and called him—he hailed me and said he was coming, but he never did—I asked him where the key was—he said under a brick by the stable-door—I went there and found it—I never saw this bag before; it is not Mr. Webb's. (Hewitson received a good character.)
HEWITSON— GUILTY . Aged 33.— Confined Six Months.
JONES— GUILTY>. Aged 17.—Recommended to mercy by the Jury. — Confined Two Months.
MELLISHIP— GUILTY . Aged 17.— Confined Four Months.
RICHARD PRIME . I went to the Refuge for the Destitute on Sunday night, 26th Feb., and slept there—the prisoner also slept there—next morning I gave him my bundle to take care of while I went to wash, and when I came back, in about five minutes, he and my bundle were gone—I had in it a shirt, a pair of stockings, a handkerchief, and a shirt-front—I saw the prisoner again in the evening, he had my shirt on—he said he had lost the other things.
Prisoner. I had no shirt, and be lent me his to put on while I had mine washed. Witness. No, I did not.
ROBERT ALDRIDGE . I am a labourer at Harmondsworth. On 20th Dec. I had a coat in my bed-room at Mrs. Parrott's—I left it there when I went out to work at six o'clock in the morning—I went back at one in the day and it was gone—I had seen the prisoner a week or ten days before—this is my coat (produced).
DANIEL PIGGOTT . I live at Mrs. Parrott's. On 20th Dec I had a box in my bed-room, locked, I had two razors in it—I left my bed-room at ten minutes before six o'clock that morning—I came back about two, and my box was gone—these are the razors that were in it.
Cross-examined by MR. ROBINSON. Q. Do you swear to them? A. Yes, and to the case they are in—I never saw such a one before.
THOMAS DUGGIN (police-sergeant, T 28). I took the prisoner with this coat on his back as he came out of the House of Correction—I found these razors in his box at Mr. Barber's beer-shop, at Red-hill, on the other side of Uxbridge.
MARY BOND . I am the granddaughter of Mr. Barber—I know the prisoner; he used to come there—he left a box with my grandfather on 6th Nov.—he said he wanted to have the razors raffled for. NOT GUILTY .
THOMAS COLLINS . I live in John-street, Stepney. On 17th Jan., I was at the corner of White-horse-lane, opposite Mr. Ovenden's shop—I saw the prisoner come from the shop across the road, with the bacon under his arm—he went down White Horse-lane—I knew him before—I told Mr. Ovenden of it.
WILLIAM JOSEPH OVENDEN . I am a cheesemonger. On 17th Jan., I missed two pieces of bacon—they had been about three feet within the window—I had placed them there not three minutes before—I saw them again, and knew them immediately, by matching them with the piece I had cut them from; these are them (produced)
WILLIAM HENRY CAMPBELL (police-sergeant K 44). I took the prisoner—I found this bacon at a place where he had been that night, but I did not see him there—I spoke to him about it—he said he could not help it; he did not care if he was transported.
GUILTY . Aged 19. Confined Twelve Months.
GEORGE FREDERICK WILLIAM OBERST . I am a merchant's clerk, and live in Devonshire-street, Stepney—I am secretary to a German Instruction Society, which meets in Goodman's-fields—the prisoner was a member of it he had not access to the library—here are some books belonging to the society—I had the care of them partly, and partly another person, who was the librarian—I had the most care of them—the librarian gave them out, but he had to give me an account of where they were gone to—I missed books several times, every time the account was given to me—I think the last time was the middle of Oct.—I made the list out, and there were books lost—I had some conversation with the prisoner—I said it was very strange that there were so many books lost—he said it was very strange that I did not look more after them—on 2d Feb., I was sent for to the police-station—I there saw thirty-nine books, I knew them by the mark in them—this mark was made when there were about twenty or thirty books lost, then this mark was ordered—I should say these were lost in May, June, or July—this one book belongs to me; it had my name in it, but the prisoner has made his own name in it—I should say this was safe about twelve months ago—the prisoner had no authority to take away any books—some of them have been numbered by the catalogue.
Cross-examined by MR. THOMPSON. Q. How is this society composed? A. Of subscribers, who pay 3d. a week, and with the money we buy books; every three months we choose a librarian—I have been secretary twelve months—the books are kept in a room at the Castle public-house—we have about 160 books—this book of mine was in the library—it is Schiller's poetical works—we have rules in writing, but they are not here—the prisoner was a member of the society, but had no right to take these books away—they were under lock and key, and he had no key—I believe the lock was broken once—one member lost the key.
COURT. Q. Who kept the key? A. The librarian had one key, and I had another.
Louis WILLIAM STRAUSS. I am a teacher of the German language, and live in Goodman's-fields—these books are the property of the German Mutual Instruction Society—the librarian and secretary have the care of them—here are four volumes of Shakespere in German, which are my own property—I sometimes lecture on different subjects—I used them in the society—they were not the property of the society—the prisoner had no right to take these books—I was sent for to the station, and in consequence of what I heard I went to 10, Goodman's-yard—I found these books belonging to the society, and these of my own in a box there.
Cross-examined. Q. Is the lecture-room at the public-house? A. Yes; it is rather a large room—these books of mine I had laid on one side; they were not in the place where the books of the society are kept—the librarian only attends on certain nights—the room is open daily for the members—there are newspapers they can read, but no books.
ROBERT GIFFORD (policemant H 89). I found the prisoner in Goodman's-yard—I apprehended him—I then went back and searched his room—I found these books in a box there—I ascertained from his landlady that he lodged there.
LOUIS WILLIAM STRAUSS re-examined. The prisoner gave his address at No.10, Goodman's-yard.
Cross-examined. Q. When was that? A. About Oct.—he had been a
member of the society about two years—he first gave his address in Leman-street—I have known him four or five years—he always gave wrong addresses to us, on account of his work, only this once he stated right. GUILTY .
MAJOR HAWKINS . I lost an iron mitre-plane from where I was employed, in Great Marlborough-street—the prisoner had been at work there, but he had left—I had the plane on Saturday, 20th Jan., and left it on my bench—I missed it on Monday, the 22nd—this is it—I could swear to it from a hundred—I saw it again at 1, Hollis-street.
Cross-examined by MR. THOMPSON. Q. How do you swear to it? A. By the weight of it, and by using it a number of years—it has a split it the back, and a number of marks and scratches—it had my name on it, which has been partly erased, but I can see it—I have had it eleven or twelve years, continually using it—it is very heavy.
HEINRICH RUDOLPH HEINS . I am a cabinet-maker, and live in Windmill-street. The prisoner was in my employ for nine days—the first day was on Tuesday, 23d Jan.—he used this plane in my place—it got to 1, Hollis-street, by my brother being at work there, and the prisoner gave him leave to work with it.
GUILTY . Aged 31.— Confined Four Months.
WILLIAM LONG . I am a constable of the East and West India Docks The prisoner was going out on the afternoon of 7th Feb.—I stopped him—I found this pair of boots on his legs, and I found on him this piece of copper and this knife—he said he had had the boots six weeks, and he bought them at a shop in Poplar—I said I would go anywhere with him, but he could not tell me where.
JAMES WHITE . I am an apprentice on board a brig in the Docks. These are my boots—I know them by marks I have on them—I have no mark on this knife, but I lost one like it out of my chest at the same time that I lost my boots, nearly a month before they were brought back to me—I do not know the prisoner.
Prisoner's Defence. I bought the boots; I had had the knife three or four days; I worked for a man who has got three months.
GUILTY .** Aged 17.— Transported for Seven Years.
(The prosecutor did not appear.) NOT GUILTY .
Before Mr. Recorder.
WILLIAM FRANCIS WHITBOURNE . I am a miller I had no partner—he died three years ago—I have no partner now except his administrator-the business goes on just as it did before-we have not had an opportunity of making up the accounts, and disposing of the business—I, and Samuel Sharp the administrator, carry on the business together-the prisoner was taken into custody by my direction—this sack (produced) is mine.
Cross-examined by MR. METCALFE. Q. Who was your Partner? A. James sharp, and his brother Samuel Sharp administered to him-James left a widow, who died about six months after him-administration was taken out by Samuel during her life—I know, Mr. King, and the two young Mr. Smiths'-they did not also take out administration—I occasionally see Mr. King at my place of business-Samuel Sharp receives the profit of that part of the business carried on by him-the late Mrs. Sharp's relations have a share in it-Samuel Sharp will claim a share of the profit, if there is any for Mr. King, and the young Mr. Smiths, and for himself as well—he was the late James Sharp's, heir, and took the freehold Property-the administrator is in joint possession of the property belonging to the establishment—he resides at Guildford—he does not interfere with the business-I and my sons do all that is required—I account to Mr. Sharp for a share in the business—he is responsible for the debts of the firm as well as me-the prisoner has been with me more than twenty years, and has been a confidential servant—we have had no reason to complain of him—he had 24s. a week—our men very often take away a sack when it rains, and bring it back again—the prisoner has done so on several occasions.
DANIEL GREGORY . I am in Mr. Whitbourne's employment. On 2d Feb., about twenty minutes before five in the morning, I saw the prisoner come across the yard with a sack on his shoulder—he went to the warehouse where the meal was kept, opened the door and walked in, and when he came out he had a quantity of it in a sack on his shoulder—he carried it out of the yard, and pitched it down against the gate-post—I was going after him, when he turned back, and met me—I said, "What have you done with that sack that I saw you have on your back just now?"—he did not answer—I asked him several times, and at last he said, "It is down there"—I said, "Where is down there, you must show me"—he then showed me the sack—I asked what he was going to do with it, and said, "I suppose you were going to carry it home"—he said he was, and begged me not to say anything to my master about it-in consequence of some suspicion I had put two pieces of paper among the meal—these (produced) are them.
Cross-examined. Q. Have you been long in the prosecutor's service? A. Yes; twenty-two or twenty-three years—I have known the prisoner during that time—I never heard anything against him—he has a wife, and five children.
DANIEL BEAVINGTON (policeman, K 394). I took the prisoner into custody—this sack with the meal in it was shown to me—it contained these two pieces of paper—I have also a sample from the meal—it is a mixture of meal, pollard, and chaff—I found at his house three sacks besides this.
(The prisoner received good character.) GUILTY. Aged 32.—Strongly re-commended to mercy by the Jury and Prosecutor. — Confined Ten days.
Before Mr. Common Serjeant.
GUILTY . Aged 20.— Confined One Week.
MR. HORRY conducted the Prosecution.
JAMES CRIPPS . I am servant to Mr. Morgan, of Stratford-green. I wrote a letter for Amelia Coleman, the cook—I enclosed in it a 5l. Bank-note, No. 90,609, between the folds of the letter, put it in an envelope, and addressed it to Mrs. C. Hancock, Rock-farm, Lugwardine, near Hereford—I posted it on 9th Jan., after hours, at the Stratford-green post-office, between nine and half-past nine o'clock—I am positive I put it into the letter-box—I expected an answer, I did not receive one—I wrote again for Amelia Coleman on 24th, and then received an answer that the first letter had not been received—this is the note.
Cross-examined by MR. BALLANTINE. Q. Do you know where the letter was found? A. Not exactly—the note was not out of my possession from the time I put it into the letter till I put it into the post.
MATTHEW PEAK . I am a police-constable, attached to the post-office. I received this cancelled 5l.-note on 13th Feb., No. 90,609, dated Nov. 2nd, 1848—in consequence of that, I saw the prisoner at Stratford-green on 15th Feb.—he was a police-constable there—I asked him where he got the 5l.-note that he gave to Mrs. Hawley—he paused for a moment, and then said, I "I found it," and pointed out a place in the road near the post-office at Stratford—I said, "You found it in a letter"—he said, "No, there was no letter"—I said it had been stated by a young man at Mr. Morgan's that he put it into a letter, and posted it—he again said, "There was no letter"—he then said he was very sorry for what he had done, he said he had found it about five weeks back, early in the morning—I tried the letter-box at Strat-ford with a cane, and in my opinion a letter might easily be taken out.
Cross-examined. Q. A man with a stick cannot easily find that there is a Bank-note in a letter? A. No—he might take a great many out before be found one with a note in it—I cannot say whose duty it would have been to I have delivered this letter—it would have been put into the Stratford box, I lain there that night, been taken out next morning, and sent in a bag to the post-office—it would have been in the hands of the receiver between the time of its being put into the Stratford post-office and its being sent into the country—there is no one here from the Stratford post-office—I have not found the letter, or any trace of it.
LOUISA HAWLEY . I am the wife of Edward Hawley, a policeman; we live in Harrow-green, Leytonstone. The prisoner lodged with us—in Jan. he gave me a 5l.-note to keep till the next morning—I asked him where he got it—he said it was his own, and he had saved it—he had been in the habit of giving me 4s. or 5s. a week previous to that—I should say it was nearly twelve months since I received any of him before—next morning he asked my husband to allow me to go with him to purchase some clothes—I went with him to Mr. Wakefield's, in Sun-street, Bishopsgatc—I gave him the note myself.
Cross-examined. Q. Had you any other money of his in your possession at that time? A. No—I have known him two years—I always found him
honest and respectable—I once lost 6l. 15s.—I said nothing to him about it, but he brought it back to me.
GEORGE WEARE WAKEFIELD . I am a draper, and live at 8, Sun-street, Bishopagate. I took this note of Mrs. Hawley on 1st Feb.—it has my writing on it—I marked it when I took it. EDWARD HAWLEY (policeman, K 209). I belong to the Stratford station. I know the prisoner—he was the policeman on duty at Stratford-broad way on the night of 9th Jan.—I was at home when be came in on Wednesday night, 31st Jan.—he threw down a piece of paper on the table—I opened it, and found it was a note—I said, "Charley, where did you get this note from?"—he said, "It is my own, I have saved it up"—he asked me to let my wife go with him to buy some things.
Cross-examined. Q. You have known him as a brother-officer? A. Yes—I have the same opinion of him that my wife has—I would trust him with anything—I believe he has a good character in the force.
GUILTY of finding the note and appropriating it to his own we. Aged 22.— Confined Three Months.
GEORGE PERREY . I am a bricklayer, and work for Anthony Storey Reed, a builder, at Walthamstow. He is carrying on some buildings near Wood-ford-bridge—the prisoner is carman to Mr. Hooper—on 17th Jan., about twenty minutes past seven o'clock in the morning, I met him about 150 yards from the buildings, with a horse and cart with bricks in it—he spoke to me, and said, "You are going to have another turn"—I said, "Yes"—I went tracking the cart-wheels to the heap of bricks, and the prisoner had put the mud down over the tracks—I missed a number of bricks—I sent a person after the cart—the prisoner saw him, and ran away—he did not return to business.
Cross-examined by MR. PARNELI. Q. Who was the prisoner employed by? A. By James Hooper, a bricklayer, who is employed by Mr. Read—he had Hooper's cart to cart the bricks.
THOMAS DELABETAUCHE (policeman, K 140). I went to Wood ford-road, in consequence of information, and took possession of a horse and cart, loaded with bricks—the cart is at the Green-yard; Hooper has been for it, but it has not been given to him—I produce one of the bricks from the cart, and one from the heap at the buildings—they correspond.
Cross-examined. Q. Have you been to Hooper? A. Yes—he appeared the first time, but did not appear afterwards.
(The prisoner received a good character).
GUILTY.* Aged 20.—Recommended to mercy by the Jury. — Confined Eighteen Months.
Before Edward Bullock, Esq.
JOHN PITMAN (policeman, K 132). At a quarter before eight at night, on 9th Feb., I saw a cart in the Barking-road, going towards London—the prisoner was with it, and another man—I was on horseback—I asked the prisoner to stop—he said, "What for?"—I said, "To see what you have is the cart"—he said "What the h—is that to you?"—he did not stop—I rode round the cart again, pulled up a sack, and saw some sheep—he said, "Are you satisfied?"—I said, "Yes, that there are some live sheep here"—he said he was going to Newgate-market—I asked him whose sheep they were—he said, "Mr. Scrubbs"—I asked where he lived—he said he did not know—I asked him where he left him—he said, "Somewhere back"—he said he had hired him and his mate to take them to town—the other man ran away—the prisoner jumped off the cart and attempted to run away—I rode after him, and said if he offered to run I would shoot him—I got off my horse and took him—I took the cart to the station; I found five live sheep in it, and one dead one—the prisoner had corded trowsers on, and several places about them were dirty with mould, as if he bad been kneeling down—I took his boots to a cabbage-field belonging to Mr. Adams at Plaistow—one part was enclosed, where I was told the sheep had been—I saw foot-marks—I compared the prisoner's shoes with them, and they corresponded, and then were marks of corded trowsers, as if some one had kneeled down.
Cross-examined by MR. PAYNE Q. Do not you know that corded trowsers are very common? A. Yes—the prosecutor was not with me when I went to the field—one of his men, Charles Hayden, was, he is not here—he and my inspector saw me compare the marks—I put the shoes down by the side of the mark that had been made before, and made another mark, and they corresponded exactly—both the heels of his boots were off—I made the examination the following morning; there had not been rain in the night—where I saw the cart was about three miles and a half from Whitechapel, and about four miles from the field—the prisoner was driving.
GEORGE CARR (police-sergeant, K 7). I was at the station the night the cart and sheep were brought—I asked the prisoner whose sheep they were—he said, "I do not know; I know nothing about them; I am a labouring man; I was coming from Barking and saw two men, and they said, 'Old fellow, lend us a hand as far as Whitechapel, and I will give you a shilling'—I know nothing more."
Cross-examined. Q. What was done with the sheep? A. They were put in the yard—the man on duty had watch over them—I had the charge over them in our yard till they were shown to Mr. French—they were brought to the station on Friday night, and Mr. French saw them between ten and eleven on Saturday—I had been in bed—there are two gates, which were locked—I knew they were the same sheep by the marks on their backs, and by the marks which Pitman made with a pair of scissors in their right ear.
JOHN FRENCH , jun. I am a salesman at Plaistow—I rent Mr. Adams's field. On 8th Feb. I had four different lots of sheep in that field—on the Saturday morning I missed twenty-two sheep—I saw foot-marks on the ground—I traced them about half a mile, and then found thirteen of the sheep—the foot-marks were near a bank, and there was some wool on a hedge—there were cart-ruts on the other side of the hedge, as if they had caught the sheep and put them over the hedge—I went to the station, and found five sheep alive and one dead—they were from three different lots—I knew the marks on them—I could swear to them as mine.
GUILTY Aged 30.— Transported for Ten Years.
Before Mr. Justice Cresswell.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WALTER ROBERTSON SCULTHORPE . I am one of the presidents of the Lon-don District Post-office. The prisoner has been a letter-carrier there about fourteen years, and has been stationed at Deptford the greater part of the time—on 10th Feb. I marked a half-sovereign and a sixpence, in the presence of Mr. Cole, and folded them in this card (produced)—I did not turn down the ends, I put it in the inner-fold of this letter, put the whole into this cover, sealed, and addressed it to Thomas Jefferies, Mickley. near Ripon, Yorkshire, and gave it to Peak, with instructions—if posted at Deptford or New-cross, before four o'clock that afternoon, it would arrive in London about ten minutes to six—I was at the office when the Deptford mail-bag arrived—I looked for the letter; it was not in the bag—I went with Cole, Peak, and Russell, to the Deptford post-office; we got there about seven—Cole and Russell parted from me—I followed shortly afterwards, and found them at the prisoner's house, in a street leading out of Pomeroy-street, and found him there—Mr. Cole said in his presence, "We have found the money and the letter"—the money was produced—I examined it, and found my marks on it—Peak then produced the letter—I examined it, and said to the prisoner," How do you account for this? this is my money"—he said the money must have shaken out of the letter; when he called at New-cross for the collection he put it properly into his pouch, and going to the office a man gave him a ride in his cart, and the cart having no springs it must have jolted the money out of the letter—I then said, "Why did not you give it to the charge-taker at Deptford, when you gave in your collection?"—he said, "I did not discover it in my pouch until after I left the office"—I gave him in charge—the office at New-cross is a mile or more from the post-office at Deptford, where he would have to carry the letters—there is a charge-taker there, to whom it would be his duty to deliver his letters—I believe New-cross was the only place where he would have to call—to the best of my belief I found the letter folded the reverse way—I put the money in the inner fold—it was not there when shown to me; the cover was torn, as now, and part of the wax broken away.
Cross-examined by MR. DUNCAN. Q. Are not your duties, amongst others, to investigate the defalcations of the letter-carriers? A. Yes—I have never had to charge the prisoner with defalcations before; he has borne a general good character, but I should not have gone at once to him unless I had my idea of him—I left both ends of the card open—the letter was folded square, with all the ends in, and placed inside the envelope—there are receiving-houses at Deptford, which send their letters up to London—it would be his duty to deliver his collection up at Deptford. and assist in picking out the cross-post letters, and telling up the number of letters brought in by the other collections, which are all forwarded to London in a bag—there were about 288 letters that day—as soon as he had done that, the London down-bag would be due; it would then be his duty to take the letters directed to Deptford, on his way to New-cross again; that concluded his duty for the day—he does not have to return to Deptford—five or ten minutes is allowed for the dispatch of the up-bag—there is considerable haste occasionally—I have never caused test-letters to be posted at New-cross or Deptford before—not
five minutes elapsed between my sending Russell and Cole, on and my arriving—it may have been next day before I examined the letter, I am not positive—I gave it back to Peak.
MATTHEW PEAK . I am a constable of the post-office. On 10th Feb. I received from Mr. Sculthorpe this letter, sealed; it appeared to contain coin—I pot it into the post at New-cross, at twenty minutes to four o'clock in the afternoon—it bears the New-cross stamp.
Cross-examined. Q. You went with Mr. Sculthorpe to the prisoner's I house, and found Mr. Cole and Russell? A. Yes; Mr. Cole said, "We I have found your money, Sir," addressing Mr. Sculthorpe, who looked at it, I and left the house with me.
ANN HAMMOND . I keep the post-office receiving-house, at New-cross. If a letter was posted at the receiving-house at twenty minutes to four o'clock it would be forwarded to Deptford at a quarter to five—on 10th Feb. the prisoner came to the office for the letters; one of them appeared to contain something—I gave it to the prisoner with the rest—he looked them over, and put them together in my presence—I think there were between fifty and sixty.
Cross-examined. Q. Did you go through them one by one? A. I had I them all singly in my hand; they are all laid ready for him to take up when I he comes in—two or three letters every time contain something—I did not notice this one at all—I was not examined before the Magistrate when the prisoner was committed—the postman is allowed a quarter of an hour between New-cross and Deptford—sometimes he has only just time to take the letters up, put them into the bag, and go away with them—the number of the paid I and unpaid letters is entered in the bill, which is laid with them, ready for him to take up—the paid are separated from the unpaid and stamped—the I practice is to tie up the letters with a piece of string before he puts them into the pouch.
CHARLES CRAWLEY . I am & letter-carrier, of Deptford. On 10th Feb. I and Evans, another letter-carrier, made up and dispatched the London-bag at forty-five minutes past four o'clock; that enclosed letters going from New-cross to the London District for six o'clock—the prisoner brought the New-cross collection—I always ask him whether they are all right, and he says, "Yes;" that is with reference to the number on the bill—it is his business to see that the number corresponds with the bill—he then proceeds to lay the country letters in for delivery—he does not assist in making up the London-bag, he I merely hands them over to me, and I put them into the bag—the letters are I not given out before the London-bag is dispatched—when they are given out he sorts them for delivery—he started on his delivery that afternoon I somewhere near half-past five—he would have no occasion to return to the Deptford-office after that—after his last collection it was his practice to hang up his pouch in the office, and then go and deliver his letters.
Cross-examined. Q. You know the general practice of the Deptford postoffice? A. Yes, the letters are already sorted when the prisoner comes in—his letters are placed in the bag—the bye-letters are taken off first, and then when he says "All right," I understand all right for London—the bye-letters are deducted—the down-bag arrives sometimes at a quarter to five, and sometimes at five o'clock—it has occasionally arrived before the up-bag has gone—I will not swear that they did not arrive together—the down-bag is never put on the same side as the up-bag—if they do arrive together there is a little more haste to dispatch the London-bag—the time allowed between New-cross and Deptford is invariably fifteen minutes.
MR. CLARKSON. Q. Do they always finish one bag before they comment
the other? A. One man is sometimes sorting the down bag and the others are tying and sorting the London-bag, but they are always kept separate—the same man does not interfere with both at the same time—if the prisoner has bye-letters it is his duty to give them to the post-master's assistant—they are separated at the receiving-house at New-cross—the number of paid and the number of bye-letters are put on the bill—if there are fifty letters, and two of them bye-letters, they would be deducted by the letter-carrier, and the number would be forty-eight, which added to the letters for the London-post, would make up the number he had—it is his duty to ascertain that the letters for London only are passed to me—I then ask if all is right, and he says, "Yes."
WELCOME COLE . I am an inspector of letter-carriers to the London district. I was present and saw Mr. Sculthorpe put half-a-sovereign and six-pence in a letter—I saw them marked—these are the same—the envelope was folded in this way—the coin was in this card, which was in the inner fold of the paper—on the same day, a little after seven o'clock, I went with Russell, the policeman, to the prisoner's-house, 4, Alfred-place, Pomeroy-street, Kent-road—we saw the prisoner—I asked if he knew me—he said, "No"—I said I was inspector of letter-carriers, and the person with me was the police-constable from the office, and asked him if he was on duty at the Deptford-office when the five o'clock bag was made up for London—he said, "Yes"—I asked if he made up the bag—he said, "No", I only counted some of the letters"—I said there were two letters posted before four o'clock that ought to have arrived in that bag, but had not, and asked if he knew anything about them—he said, "No"—I said as one of them was posted at New-cross, where he collected, had he any objection to be searched—he said, "No"—I asked what money he had—he put both his hands into his trowsers pockets and took from the left pocket half-a-sovereign and sixpence, and from the other he put on the table 3s.—I took up the half-sovereign and sixpence, examined them, and said, "This is Mr. Sculthorpe's money"—I examined two sixpences before I found the right—the second was the one that had accompanied the half-sovereign—he said, "That I found in my pouch; it shook out of a letter on my way to the office"—I said, "Where is the letter?"—he was about to put his hand into his pocket—I stopped him, and told Russell to search him, who took the letter produced from his breast coat-pocket with the seal broken as it is now—I did not take the letter out of the envelope till Mr. Sculthorpe came—it was then in the same state—I told Mr. Sculthorpe, loud enough to be heard in the room, that I had found the money and letter—the prisoner was taken to the Deptford post-office—he was asked where he put his pouch—he got up from his seat and showed me behind the door in the office, and took it off the hook—he said he had not been at the office from the time of having been with his letters until he was brought back by me—I took the letter out of the envelope at the post-office, and found the card in the inner fold, in the other leaf of the sheet, quite contrary to where it had been placed by Mr. Sculthorpe—it was on the reverse side, showing only the white of the paper, instead of the writing—if the prisoner had found any letter in his pouch from which money had escaped, it would be his duty, when he arrived at Deptford, to give it to the charge-taker.
Cross-examined. Q. Where is the seal broken? A. portion of the impression is gone, and the paper is torn, in the state it is now—a portion of this blue wax adhered to the under fold—it was very small, only a speck—I do not know whether blue or fancy sealing-wax is used in the post-office for detecting crimes of this sort, or that fancy waxes are more likely to open—I
think it is more strong than the other—red or common black wax is much more likely to break than this; this is much purer—the half-sovereign, six-pence, and card would not be a heavy weight for this envelope—if the money came out of the envelope, it must in the first instance have come out inside the note, and then, if this piece of blue sealing-wax was to give way, it would almost necessarily fall out, if it was a single letter—I did not tell the prisoner when I went to his house that he was suspected of taking or stealing a letter, or that what he said might be urged in a Criminal Court against him—I went on with the investigation without any warning to him—I received instructions from my superior officer, Mr. Sculthorpe—he gave me no specified instructtions—I have several times gone into people's houses without giving them warning—the officer took away some articles, and among them a silver watch and some money—I did not direct him to take it—it has not been restored—it is in my possession now—the officer gave it me the same evening—I heard the prisoner say to Mr. Sculthorpe, "The money shook out of a letter on my way to the office, as I rode in a cart that had no springs"—I did not hear him say he believed the letter had broken away from the string, and shaken out into his pouch from the jolting.
MR. BODKIN. Q. Does the money in the card, when placed in the envelope fill it as near as possible? A. When taken from the prisoner it only reached to the seal—it filled up about one half of the envelope.
Cross-examined. Q. Did you see the prisoner take a half-sovereign and sixpence from his left pocket? A. Yes, and 3s. or 4s. from his right—the prisoner said he found the money and letter in the bottom of his pouch, that he rode in a cart without springs, and he believed it had jolted out—he said when Mr. Cole asked him, that he had no objection to be searched—he said he knew nothing about it.
(Francis Weaver, fishmonger, of Lower-street, Islington; William Richards, shopkeeper; and John Piper, ironmonger, of Peckham; gave the prisoner's good character.)
GUILTY. Aged 40.—Recommended to mercy by the Jury. — Transported for Seven Years.
Before Mr. Common Serjeant.
777. JOHN JONES, alias Henry Francis , stealing on 10th Jan., 1848, at Woolwich, 2 bags, 1 snuff-box, 1 ring, and 1 cash-box, value 3l. 17s.;105 sovereigns, 32 half-sovereigns, 56 half-crowns, 120 shillings, 40 sixpences, 45l.-notes, and an order for 7l.7s.: the property of William James Covill, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
WILLIAM JAMES COVILL . I keep the Albion-hotel, opposite the Lower Dock-yard-gates, at Woolwich. On Monday, 10th Jan., 1848, my house was robbed of 165l., a silver snuff-box, and a mourning ring—there were four 5l. bank-notes, a government bill of 7l. 7s., 110l. in gold, and the I remainder in silver—the gold was kept in a wash-leather bag, in a small drawer of a chest of drawers, in my bed-room; and I put on it a large family Bible, and pressed it down with old books, and my shaving-tackle was on I the top; all the drawers had some money in them—the bed-room door was always locked—I was in the room at three o'clock on the afternoon of the day the money was lost—the 110l. and snuff-box were then safe—I locked the door, kept the key in my pocket, and never parted with it till I found the
money was gone—I had information of the lots about eleven in the evening, and on going up to my room, found the door open; the lock had been picked, and all the drawers as well—I missed all the money—the prisoner was at my house that night, about half-past five or six—he came by himself—I had seen him once, about a fortnight before—he then asked me if I knew Mr. Davis, a builder, I said I did—he said he owed him a bill of 65l., and asked me if I thought there was any hopes of his getting it—I told him I thought his bill was not worth much, for I knew the man was in difficulties—he said, "Dear me, here is trouble for me, I dare not go home and tell my wife of it; the anxieties of mind that persons in business have no one knows but those who experience it; a man getting his 1l. or 24s. a week, has much less anxiety than a man in business, and is better off"—when be came on 10th Jan., he appeared to have his arm in a sling—he called for 3d.-worth of brandy, and a little cold water, and asked me how I had been this Christmas—he said he had been very unfortunate since he saw me last, that he went out on New-year's night to spend the evening with a few friends, and had drank too freely of wine, and driving home in his gig, he fell out and injured his arm—I think it was his right-arm that he had in a sling—he said, "By-the-bye, I hear Dennis is an insolvent; do you think I shall get 3s. in the pound?"—I said, "I really do not know the position of the man, whether he can pay 1s. or 3s.;" this conversation was at the bar—I went into the bar-parlour to get my tea—I am a widower, and have a little girl, who was out to tea that evening; I told my house-keeper that I would go and fetch her, and as I went out I saw a man named Lawrence, who has since been transported, in the act of coming in—he said, "Landlord, are you going out?" I said, "I am," on my return, about nine, the prisoner and Lawrence were both gone—I preferred a bill against Lawrence, and a man named Chappell; they were tried here, and transported for another offence, and his Lordship did not think it necessary to try my case (see Vol, 28, p. 659.)—when the prisoner was at my house a fortnight before the robbery, he came alone; but Lawrence and another man were at the bar at the time, though they did not appear to know each other, and Chappell was seen dodging in and out the door—Lawrence on that occasion asked me for change for a 5l.-note, as he did hot like to get it changed at a turnpike; the prisoner was there at the time—I asked Lawrence his address, and he said, "9, Borough-road"—I went up the stairs from the bar, and got change for the note from where my money was taken, and one of the notes afterwards taken was that note—I had to go up two flights of stairs—the policeman has since shown me a cash-box, which is mine, and was in one of my drawers—I did not see the prisoner from the 10th Jan., 1848, till I identified him at the police-court last Saturday fortnight, he was then standing among about forty persons in the Court, and I picked him out; the Magistrate would not allow him to be put in the box, but had him standing among the people in Court—I had previously identified Lawrence—on 10th Jan., there was another man with Lawrence at the bar, about two minutes before the pri-soner came in—I did not myself see Chappell—the prisoner came in about two minutes after them; he did not appear to know them.
Cross-examined by MR. O'BRIEN. Q. The prisoner was in custody when you recognised him? A. He was; inspector Haynes told me a man was in custody, who he suspected was one of the men that had robbed me—you cannot, while standing at the bar of my house, see a man go into my bed-room—there are thirteen rooms in the house—the Dock people and others do not use the upper part of my house, only the ground-floor—there are rooms up-stairs for the reception of people respectably dressed—I keep three rooms locked, and one open—on this evening I was out from about six o'clock to nine—when
I came the housekeeper and one of my sons was at the bar—there were no people drinking there—there were very few in the house that evening altogether; the house closes at eleven—I cannot say whether there were many in the house—from three to six I was not there—from three to five I went for a walk—I remained in from five to six—I went out from six to nine, and had the key of my room with me—Haynes brought the prisoner to Woolwich last Saturday fortnight—when he was at my house he had a brown coat on—I do not think it was the same he has on now—I did not take particular notice how he was dressed—I asked the inspector in going to the station how he was dressed, and he said, "I shall not tell you"—very few strangers come to my house—it is mostly people belonging to the Dock-yard—it is a public place, but it is entirely supported by the Government works—strangers sometimes come in, but not very frequently—I had no particular object in noticing the prisoner's features the first time he came, only he asked about Dennis—I had some doubt when I saw him come in the second time, just after the other two—I thought it looked suspicious, but I did not think I was going to be robbed, or I should not have gone out—I recollect the trial of three men some time after I was robbed, named Johnson, Mayhew, and Burlton (see Vol. 27, p. 847)—it was for an attempt to rob a public-house called the Powerful—I do not know whether there was a witness named Thomas James Duffield, an approver, examined; it was some rime in last March or April—Duffield was a witness—I was asked on that occasion if I had been robbed—I was not put upon oath—I did not prove that Duffield had communicated with me on that occasion—I gave an account of my robbery—I was only examined as to the amount of money I had lost, not about the identity of the men—Duffield came to me and said, "I think I could give you some information of your robbery," and when these men went down to the station, I looked at them, and said, "Neither of those parties were the parties that committed my robbery"—when you come into my house, the bar is on your right hand, and the parlour on the left (looking at a card with the front of the house engraved on it)—rooms Nos. 2, 3, and 4, are above the bar, on the next story—there is a flight of stairs above that, and there it my bed-room over No. 4.
THOMAS DENNIS . Last Jan. I lived in the Albion-road, Woolwich—I was at that time in difficulties—I do not know the prisoner—I never owed him 65l., or any sum at all—he never asked me for one farthing.
Cross-examined. Q. Were there any bills of yours out? A. No; not notes, or anything of the kind at that time—I got into difficulties in Dec, 1847—I had dealings with London tradesmen, but not to any consi-derable amount, and not by bills—I never saw the prisoner.
ISAAC WESTON . I belong to Woolwich dockyard. On the evening of the 10th Jan., 1848, about ten minutes to six o'clock, I was at Mr. Covil's, with Mr. Milrose, and Mr. Marrow in room No. 2—there were two other persons in the room, strangers to me—one of them who had his back to me went out of the room, leaving the other there, and returned in a quarter of an hour or twenty minutes, and made an observation to the other, in consequence of which they both went away together—I went in at about twenty minutes to six, and remained at the bar drinking a glass of whiskey—our business occupied a quarter of an hour or twenty minutes, and we left about twenty minutes or half-past six—we went into No. 2, about six—I did not see the mens' faces sufficient to recognise them—Milrose and Marrow are not here—we are in the eapacity of leading men in the dockyard.
Cross-examined. Q. Were you examined on the other trials? A. No—no one else came into the room while we were there.
ELIZA BROOKS In Jan., 1848, I was servant to Mr. Covill—I remember the robbery—I remember the prisoner quite well, and Chappell and Lawrence who have been tried—the prisoner came in between half-past five and six o'clock—Chappell and Lawrence were at the bar then, and another person whom I have never seen since—Chappell went in and out several times—when I first saw the prisoner he was standing at the bar with his arm on the engine talking to Mr. Covill—I did not see him come in—in consequence of what Mrs. Graves said to me about six, I showed the prisoner into No. 2 room—I took up a light, and he ordered sixpenny worth of brandy and water—he took up with him pen and ink, and a sheet of paper—he did not at any time call for any wafers, or sealing-wax—when he first went in there I was no one there—I did not see him leave—I went up in about half or three quarters of an hour to put out the light, and he was then gone—Mr. Weston, Mr. Milrose, and Mr. Marrow, who are old customers, were there—when I took up the brandy and water the prisoner was not writing—he was sitting in a chair close by the fire—some time after this I went to the Lambeth police-court, saw Lawrence and Chappell there, and picked out Chappell from about forty or fifty people—they were two of the persons I had seen on the night of the robbery—I knew my master kept his money in the drawers in his room—I had been up-stairs about four that afternoon—I locked the door of Mr. Covill's room, and put the key into my pocket—there are two keys, Mr. Covill has one, and I the other—the drawers were then undisturbed, and as they should be—I first saw the prisoner after the robbery in the ante-room at the Greenwich police-court—he was just going through—I happened to look up and knew him directly—I found the bed-room door open about seven—I acquainted Mrs. Graves the housekeeper with it—the other rooms on the same floor as No. 2 are private, and were kept locked—I noticed that the three men had on each a shawl handkerchief alike.
Cross-examined. Q. I suppose the Albion is a place of considerable re-sort, is it not? A. Yes—I am there still—there is a back entrance to the house communicating with the stairs—you can come up to the stairs, and go through the house—I did not lock the bed-room door when I found it open at seven—no money was missed till eleven o'clock—I told Mr. Covill at eleven about his door being found open—he went up, and found he had been robbed—he might have gone up before—I went into the room at seven, did what I had to do, and came out again—I did not observe anything unusual—I did not see anything disturbed—I did not try either of the drawers.
MR. COVILL re-examined. When I went up, in consequence of what Brooks told me, I found the drawers shut, and not at all defaced, in fact I put my hand into my pocket to take out the keys to unlock them.
ELIZA GRAVES I am housekeeper to Mr. Covill. I know the prisoner—he was there twice on the night of 10th Jan., 1848—he first came in alone, about half-past seven o'clock, shortly after the two others—he did not appear to recognise them; he was about three feet from them—that was about half-past five—he asked for threepennyworth of brandy and water—when he came in the second time, he asked for a pen and ink, which Mr. Covill's son gave him—I desired Brooks to get a light, and she went up-stairs with him to No. 2—I recognised Chappell and Lawrence, and was at their trial—after the prisoner called for a pen and paper, they stood at the bar in conversation with me—the prisoner went up-stairs, leaving them there without recognising them—they had some brandy and water, and it was either too hot or too cold—I had to go into the bar-parlour to get the hot water—I was engaged
in attending to them, and altering the brandy and water, for some timethat would give them an opportunity of being out of my sight—they might have gone from the bar without my observing them—I should say they were about twenty minutes drinking the brandy and water—they went away about half-past six, or a little later, bidding me good night—I had seen them all three at the bar at the same time about a fortnight before—they did not appear to know or recognise each other then—I never saw Chappell and Lawrence except at our house—I saw them on a third occassion before the Magistrate—I remember Mr. Covill giving one of them change for a 5l. note, and the note was rather old—he went up-stairs for the change into his own room—that was the first time they were there—they were all standing at the bar at the time—that would not enable them to see the bed-room unless there was any one outside watching, then they could see, because the bed-room is in front of the house.
COURT. Q. A person outside could watch the light going up, and could see into which room the light would go? A. Yes.
MR. CLARKSON. Q. About what time did the men first come? A. About half-past five—they stood talking a little time at the bar to Mr. Covill—they went away and came back about ten minutes past six—they met Mr. Covill at the door as he went out—they would know that he was out—I saw then twice on 10th Jan., once a fortnight before, and afterwards at Woolwich police-court—I remember Weston, Milrose, and Marrow coming in that night—about seven or a little after, Brook called my attention to Mr. Covill's bed-room door—I thought he might have left it open, and did not go into the room to examine it.
Cross-examined. Q. About how long did they remain at the bar the first time? A. About twenty minutes—the three stood at a short distance from each other; they did not appear to know each other—they came on both occasions at about half-past five—occasionally there were other people at the bar drinking; they were in and out—there is a back-entrance by which, if a person came in, he could go up-stairs without passing the bar at all—there are five bed-rooms on the second-floor—there are two or three on the same side as Mr. Covill's; his looks into the street.
ALEXANDER SPENCE . I am landlord of the Earl of Chatham Arms, in Thomas-street, Woolwich, about half or three quarters of a mile farther from London than Mr. Covill's. In Dec. 1847, between five and six in the evening, four persons came to my house in a gig—the prisoner is one of them, I have no doubt about it, and Chappell and Lawrence were two of the others—one of them wanted change for a 5l.-note—they did not stay more than a quarter of an hour—they had 2s. 6d.-worth of brandy and water—on 10th Jan. 1848, about four o'clock, four men came to my house in a gig—they were Lawrence, Chappell, the prisoner, and another whom I do not know—by the direction of Lawrence the chaise was left in front of the house; the shafts turned up and the horse put into our stable—they came into the parlour for half an hour, and took two sixpenny worths of brandy and water—they went away on foot, and the chaise was left at my house—they were away about three hours, at the end of which time two of them came back; I believe Lawrence was one, and the other was the one who I do not know—they ordered me to put the horse too, which I did; they bid me good night and drove away—they came back twice, and finally left about eight o'clock, and I saw no more of them—neither of them had his arm in a sling—when I saw the prisoner at the police-court I knew him directly.
Cross-examined. Q. How soon after did you see him at the police-court?
A. Fourteen or fifteen months—I should say the first time they came was at the latter end of Dec.; I cannot tell the day of the week: it was not a
Sunday—I had never seen any of them to my knowledge before—I was told before I went to the police-office that one of the men was in custody who robbed Mr. Covill—I do not think I should know the fourth man if I saw him—he was a good-looking chap—they were respectably dressed.
MR. CLARKSON. Q. Look at the prisoner again, have you any doubt about his being one of the persons? A. Not the least, and he knows me as well as possible—I was told that the man who was taken up for the robbery at Mr. Covill's was in the police-court, and I went and saw him, and he took notice of me directly—he was not pointed out to me by anybody—he was among a lot that were in the Court—I recognised him' without his being pointed out—he did not bow to me, but he recognised me in this way (raising his eyebrows), as much as to say, "I remember you"—the second day I was in Court he asked me," Did you see me in Court yesterday? "and I said, "Yes, I did, Sir"—he said, "Where did I stand? "and I said, "Next the door, on the left," and he could not deny it.
ALFRED JOTLING . I work for Mr. Cuttress, of Redcross-street, Borough. In Jan. 1848, I found this cash-box (produced) in my master's yard, Mint-square, Borough, and brought it to my master directly, sent for Fielding the policeman, and delivered it to him—it appeared to me to have been thrown over the fence—there was a heap of road dirt, one part lay high and the other low—there was a dent, as if it had made it, and it appeared as if it had pitched on one end—it was open and empty, and the lock off—I found the lock about an hour afterwards.
HENRY GURNER . I live at 7, Rodney-street, Suffolk-street. The prisoner lodged in my house from April, 1847, till May, 1848—he went by the name of Francis—I do not know how far my house is from Mr. Cuttress'—I never ascertained what his business was—I frequently saw him, and frequently did not, but the money was very regularly paid.
JONATHAN WHICHER (policeman, A 27). I apprehended the prisoner on 16th Feb.—I had been looking for him for twelve months—I was not searching for him, but looking out for him, and if I had met him I should have apprehended him on this charge—I knew his person—I took him in the Strand, and told him I apprehended him on suspicion of being concerned in a robbery at the Albion public-house at Woolwich, on 10th Jan., 1848—he said he knew nothing about it, and had been apprehended for it before—I said, "I do not think that"—he said, "Yes, I have, and the parties who saw me could not identify me"—I then took him to Bow-street station, and he again repeated that he had been apprehended for it twice, once by Goff, and next morning, when I was conveying him to Woolwich on board a steam-boat, he said, "I wonder you did not apprehend me for it before"—I said, "I have not seen you, or I should"—he said, "Yes, you did see me one day, down at Hungerford-pier"—I then recollected, and said, "Do you mean the day I saw you with young Chappell?"—he said, "Yes"—I said, "That was before the robbery took place"—he said, "No, it was after"—it was before—I know Mr. Cuttress' house in Redcross-street; it is 275 steps from where the prisoner lodged—I knew Chappell and Lawrence, who were convicted—I have seen the prisoner in Chappell's company before the robbery on several occasions—I knew them as companions—I had not heard of the robbery on the nightof 11th or 12th Jan., 1848—I saw the prisoner come out of his lodging in Rodney-street on the night of 11th—I should say I have seen Chappell in
company with the prisoner about half-a-dozen times before the robbery—the last occasion was at Hungerford-pier, when Chappell was with him.
cross-examined. Q. You say you saw him come out of Rodney-street on 11th Jan? A. On 11th or 12th I was watching the house upon other business for some time—I never went into the house—Goff says he has had him in custody, but not on this charge—I believe he apprehended the other two.
JOHN HAYNES . I am inspector of the detective police force. I accom. panied the prisoner to the Bow-street station on his arrest—I asked him the usual questions, his name and address, occupation, and age, and whether he could read and write—he gave the name "John Jones, 6, Angel-court, Strand"—I knew he lived there, and he said he could read very well, but he could not write at all.
Cross-examined. Q. You knew before that he lived there? A. Yes, about two hours before he was apprehended I watched him out of the place—I had no object in asking him whether he could read and write—I merely followed the usual course of duty—I generally ask it, but if I do not the sergeant on duty does—it is a question always asked—there is a column in the charge-sheet on purpose for it.
GUILTY .* Aged 41.— Transported for Ten Years.
HENRY COTTON (policeman, R 118). On Sunday morning, at a quarter to one o'clock, I was on duty in Garden-row, Greenwich, and was called to quell a disturbance—Edward Bailey came up and struck me on the mouth with his fist—I took him by the collar, and six men rushed on me—I was knocked down, and had blows all over me—John Bailey and Outram were there—they struck me about the body and head—I was kicked a good deal—John Bailey had a stick, and broke it on my head—I have been ill ever since.
Cross-examined by MR. PLUMPTRE. Q. What kind of night was it? A. A fine moonlight night—the place is not much frequented—there are houses on both sides.
THOMAS BRIAN (policeman, R 184). I heard the row, and saw six or seven people there, all on one man—they seemed to be trying to get at him, to strike him—I found Cotton on the ground—Edward Bailey had his arm round his neck, and his hand inside his stock—Cotton was bleeding very much—I saw John Bailey run away.
Cross-examined. Q. This was merely a drunken row? A. They did not appear to be drunk.
Cross-examined. Q. How do you get your living? A. My father and mother keep me, and I go out shoe-binding—I have attended two or three fairs, serving out spirits at my grandfather's booth—it was a moonlight night—there were several men and women about.
Outram's Defence. I was going to bed, saw the row, and went out—I went to the station, and the policeman took me.
----WHITE. I live at 5, Bath-place. I saw Outram come out of his house—he ran with me to where the row was—we both went down to the station together—the policeman came out, and took him.
COURT. Q. You were in the row? A. No.
(Outram received a good character.)
EDWARD BAILEY— GUILTY . Aged 21.
JOHN BAILEY— GUILTY . Aged 19.
Confined Nine Months.
OUTRAM— GUILTY .— Confined Six Months.
CAROLINE BAILEY— NOT GUILTY .
Before Edward Bullock, Esq.
Before Mr. Common Serjeant.
GUILTY . Aged 21— Confined Two Months.
Before Edward Bullock, Esq.
JAMES TOVY , jun. I am the son of James Tovy. I live in Church-street, Greenwich, with my mother, who keeps a coffee-shop and lodging-house—on 2d Feb., at a quarter-past nine o'clock, I had occasion to go to the water-closet—I took my watch out of my pocket, and hung it upon a knob in the window—I left it there, and forgot it—I saw the prisoner that morning when he came down stairs, but I did not see him go to the water-closet—I saw him go out—I saw him again the same evening; but before that, I had been to the water-closet, and missed my watch—Mrs. Doughty asked him to come in and have some coffee—he consented to that, and I sent for a constable—this watch was given up to me.
Cross-examined by MR. PAYNE. Q. What time did the prisoner come the night before? A. I do not know—I do not know that he came in very drunk—I believe he did sleep with a young lady—I did not know it at the time—I do not know whether he was going to sleep there the next night—I did not wish to press this matter when the prisoner brought my watch back—I said if he would give me half a sovereign I would say no more about it.
MARY TOVY . I keep a coffee-shop and lodging-house at Greenwich. The prisoner came about ten or eleven o'clock at night on 1st Feb. with a young woman—in the morning he came down the stairs which lead to the water-closet—he then tried to go out at the side-door—he seemed perfectly sober then—I think he had had something to drink the night before—he paid his money to a young woman who waited upon him—he was brought to my house about eight in the evening by my lodger inviting him in—I asked him to give me up the watch that he had taken from the water-closet in the morning belonging to my son—he said, "Watch," I said, "Yes, I am positive
you took it"—he laid, "Have I denied it?"—I said, "No, you have not"—he gradually drew it from his pocket and gave it to my son—he was then going out—I said, "Do not go out, the policeman will take you"—he said, "I do not fear the policeman; you may have 10l. if you want it"—I said, "I have got the watch, I do not want your money."
Cross-examined. Q. Did he not say, "I came back to give you the watch?" A. No—I asked him twice for it, and he gave it—he said, "I have never denied it." NOT GUILTY .
Before Mr. Common Serjeant. 782. MARY ELIZABETH SMITH, stealing 1 box and other articles, value 3l. 18s. 6d., and 1 sovereign; the property of Sarah Ford, in a vessel on the Thames. MR. THOMPSON conducted the Prosecution.
SARAH FORD . I am single—I live at Gloucester-terrace, Hyde park. On Saturday, 20th Jan., I was a passenger on board the Topaz boat, coming to London—I saw the prisoner on the seat when I got into the boat—when we got to North Woolwich the boat stopped, and I saw the prisoner moving from the seat there—that was the last time I saw her—I afterwards missed a box containing the articles stated—these are the articles (produced)—they are mine—I had put the box down by the side where the people were sitting, in the fore part of the vessel.
Cross-examined by MR. ROBINSON. Q. Did you get on board at Gravesend? A. No, at Erith—I was walking backwards and forwards—I saw the prisoner get out at the pier—I did not see her on the pier—I did not see whether she had a bandbox of her own—she had a child with her—I do not know that she came from Harwich—I heard some gentlemen say that she was on board when they got in—the things in my box were about 4l. value—I have never valued them at 1l. nor offered to take 1l. for them.
MR. THOMPSON. Q. Was there a sovereign amongst your things? A. Yes.
GEORGE RING . I am employed on the North Woolwich pier. I recollect the Topaz landing her passengers on Saturday, 20th Jan., about five o'clock—in about an hour and a half I received a telegraphic message—I made inquiries after the prisoner, and communicated to the station-master—he desired me to give her in charge.
Cross-examined. Q. You never saw her before? A. No—she had a child with her—there was not a great deal of bustle that evening—there might be thirty persons landed—she brought a box in her hand from the steam-boat to the pier.
COURT. Q. Do you know whether there was an extra box found on board the steam-boat? A. I have made every inquiry, and there was not.
GEORGE SUTTON (police-sergeant, R 49.) I received the prisoner is custody at the station for stealing a box on board the Topaz—I asked her if she had any of the property in the bundle that she had with her—she said she had, and she brought it by mistake from on board the Topaz—she told me where she pawned the things, and where I should find them.
Prisoners Defence. I left Harwich on the Thursday before, and staid at Gravesend—I then went on board—I had my little bandbox with me and my child; my child's things were in my box—I live with my mother—I
came up to take a little money that was in the Savings' Bank to pay for the schooling of my other child—my husband is at sea. GUILTY.—Aged 28.—Recommended to mercy by the Jury. — Confined One Month.
Before Edward Bullock, Esq.
ELIZABETH CLARKE . I am the wife of George Hatt Clarke, we live at Woolwich. On Friday night, 9th Feb., the prisoner lodged at our house—he left the next morning, and then I missed this counterpane from the bed he had slept in—I saw it safe just before he went to bed the night before.
Prisoner. Q. When I came out, did you see anything on me? A. Yes; I saw that you looked very large round the body to what you did the previous night.
Prisoner. When I came to the door the landlord was at the door, and a boy—I asked what time it was—if I had bad this, they must have seen it. GUILTY . Aged 26.— Confined Four Months.
Before Mr. Common Serjeant.
784. JEMIMA BOARD , stealing 1 tea-pot, value 4s. 6d.; the goods of John Long Vincer: also, 6 yards of printed-cotton, and 1 victorine, value 8s.; the goods of John Corke: also, 1 tea-pot, value 5s.; the goods of Joseph Burnby: to all of which she pleaded
GUILTY . Aged 15.— Confined Three Months.
JOHN BYNOTH . I live at Tanner's-hill, in Kent. I am a labourer—I had my leather housing safe on my horse on Blackheath on 22d Feb.—I unhooked my horse, and turned him back to the next carter—the housing was then safe—I lost it; this is it (produced).
JOHN SIBLEY . I was at work near the gravel-pits on Blackheath. On 22d Feb. I missed the housing off the horse—I met the prisoner with it in the road—he said he had picked it up, and asked me if it was the horse's housing—I said yes, it was.
JONATHAN GABELL . I live in Bath-place, Blackheath. I saw the prisoner bring something black into the field, and throw it over the hedge—I went to look, and saw the housing in the ditch—the prisoner got over the hedge, and took it, and said it was what belonged to the horse.
Prisoner. I said I had chucked the housing over the hedge, and it did not belong to you.—Witness. Yes; you did—I forbid your getting over the hedge—this was concealed behind a fence six feet high.
Prisoner's Defence. I picked it up, and thought it was no good to me, and I chucked it over the hedge—I then thought it was a pity it should lie there—I returned, and went inside the gate—this man forbid me to get over the edge—I said I had chucked my housing over, and I would go and fetch it—I went with it, and met the man, I said, "Does this belong to you?" he said, "Yes; I missed it from one of the horses." NOT GUILTY .
Before Mr. Recorder.
BENJAMIN HEMMING . I live at 35, Blackfriars-road, in the parish of Christchurch. On 14th Feb. I was awoke about three or half-past three o'clock in the morning by a noise as of people breaking into the house—I dressed myself, went down stairs, and called my young man, and on going down stairs I heard the noise of people leaving the house—I found the panels of the door leading to the kitchen broken—I also found the kitchen-shutters had been broken, the iron bar taken down, and the window open—I afterwards saw both the prisoners in custody at the station—I picked up I this screw-driver on the kitchen stairs—I have since seen the spoons, and can swear to them—one of them has my initials on it—they were in daily use.
EMANUEL BLANCHARD . I am porter to Mr. Hemming. I put up the kitchen-shutters overnight on 13th Feb., and made all fast at half-past eight o'clock, and fastened the kitchen-door a little after 12—I was the last person that left the kitchen.
JOHN TOMKINS (policeman, L 120). Early in the morning of 14th Feb. I was in Collingwood-street, Blackfriars-road, and heard some one on the roof of Mr. Hemming's back kitchen—I saw Williams come in a direction from there to some boards where I was standing—I laid hold of his collar—I sprang my rattle, and called for a light, which was brought by another constable—I then got over the fence, and found both the prisoners in a shed in the adjoining premises—Williams had no shoes on—he asked me to allow him to find them—he got them from near the boards where he was going to make his escape—they were then taken to the station—I found some pieces of the panel of the kitchen-door by the boards, and a lucifer-box on the kitchen-table—on searching Williams at the station he had some matches in his pocket—I saw some marks on the panel of the door which corresponded with the screw-driver produced.
Cross-examined by MR. HORRY. Q. YOU first saw Williams put up his head over the fence? A. Yes; he was not on the prosecutor's premises—he was about ten yards from them, and coming from them—he slipped from me, and then I found him in the shed with M'Donald.
MICHAEL SEABRIOHT (policeman, M 41). I was on duty on the opposite side when Tomkins sprang his rattle—I searched the premises adjoining the prosecutor's, after the prisoners had been taken to the station, and found these spoons in a water-butt in the shed where the prisoners had been concealed.
M'Donalds Defence. At the time the policeman looked over the fence I was at the fence.
WILLIAMS— GUILTY .* Aged 20.
M'DONALD— GUILTY .* Aged 18.
Confined Eighteen Months
GUILTY . Aged 33.— Confined Eighteen Months.
Before Edward Bullock, Esq.
788. ALFRED HARRIS , burglariously breaking and entering the dwelling-house of John Tamlyn, and stealing a microscope and case, 2 dissecting instruments, and 1 scent-bottle, value 13s.; and 6 sixpences; his property.
JOHN TAMLYN . I live in Blackfriars-road. On 13th Feb., I was awoke by my servant about a quarter-past six in the morning. I went down and found the back staircase-window open, which I had left shut down quite close the night before when I went to bed at twelve o'clock—I was the last person up—I went into the drawing-room and found a secretary open, and papers and things lying about, also two cupboards on each side the fire-place—I missed a mahogany case with a microscope, and a scent-bottle from the mantel-piece, which were safe the night before—the places were not locked, but all the locks had been opened—a tea-caddy and envelope case were removed from the drawing-room down into the passage—I missed six sixpences from the till in the shop and some halfpence—this microscope, case, and scent-bottle are mine (looking at them).
Cross-examined by MR. HORRY. Q. Are you quite sure the window was shut down the night before. A. Quite; I particularly noticed It—there was no catch to it, but the window is so high up that I did not think any one could get to it.
CHARLOTTE LASCELLES . I am in the service of Mr. Tamlyn. On Tuesday morning, 13th Feb., I came down stairs about quarter-past six and found the staircase-window wide open—I returned and told my master.
ELIZABETH CHICK . I am in the service of Mrs. Noel; the prisoner lodges in the house. On Tuesday, 13th Feb., between twelve and one o'clock in the day, I was called into the front parlour', and saw the prisoner and a strange young man there—this microscope was lying on the table—the strange young man asked me to take and pawn it, and get as much on it as I could—I pawned it for 5s., came back with the money, and placed it on the table—I don't know what was done with it, I left the room.
Cross-examined. Q. Did the other young man hand the microscope to you? A. No; he pointed to it, and I took it up—I had never seen him before—I was in the kitchen when the young man called me into the parlour—he said,"Will you come this way?"
JOHN WRIGHT (policeman, M 63). In consequence of information I went to the pawnbroker's, and got this microscope; while there, Chick came in consequence of what she said I went to 12, James-street, Union-street, Borough-road—I there found the prisoner sitting on a bed, dressing himself—I said, I had a charge of felony against him—he said he should not go with me; he had seen many a better man than I was—I searched his room, and found this scent-bottle in a table-drawer—he afterwards dressed, and accompanied me to the station—Chick stated, on her first examination, that the two sent her with the microscope. NOT GUILTY .
THOMAS CUMMING GIBSON . I live in Gracechurch-street—I know the prisoner—this bill of Exchange (produced) is not my writing—the signature is not mine—I never authorised any one to put my name to it—I know nothing about it—I do not live at Grov e-cottage, Hackney-road.
Cross-examined by MR. ROBINSON. Q. How long has be been in your
service? A. He was never in my service at all—I am a colliery-owner—the prisoner was under an agent of mine, at Bermondsey-wharf, but was never employed by me—the agent paid him—I have not had any transaction with him—I was, unfortunately, a shareholder in the Newcastle Joint-stock Bank; the prisoner was also a shareholder, but not whilst I was; it was afterwards—he did not take my place that I am aware of—he had perhaps been twelve months in my agent's service, at the time he became a shareholder—I know nothing about why he became a shareholder; it was not on my account—he has never, to my knowledge, accepted bills on the part of the Bank—I do not know of his having accepted any bills—he never had anything to do with drawing bills—I do not know that he has become answerable, on behalf of the Bank, for 20,000l. or 30,000l.; I know the contrary—I have seen instruments with his name on them, connected with the Newcastle bank—I had actions brought against me, as a retired shareholder—he was the public officer, and I necessarily saw his name as such—I was never a public officer—I had nothing to do with making him a public officer—I am not a solicitor—I know that actions have been brought against him to an immense amount, as a public officer—I swear that he has never had my authority to accept, endorse, or draw any bill—I do not owe him a shilling, and never did—I never held out to any person that he was a wealthy man; on the contrary—he still remained in my agent's service while he was public officer of the bank—I have been a merchant and a ship owner—I am carrying on business now—I distinctly swear I never gave him authority to sign any bill for me.
THOMAS CANNON . I live in Long-lane, Bermondsey. On 22d Nov., the prisoner offered me this bill, and said he had an action against Mr. Gibson for 40l., which he had gained, and Mr. Gibson had advanced him that 5l. bill for his present wants; and if I would advance him 1l. on it he should be grateful for it—I advanced him 1l.—he came again about the 28th, and had another pound.
WILLIAM WILLIAMS . I am a law-stationer's clerk. On 22d Nov. I saw the prisoner at the model lodging-house, in Charles-street, Drury-lane—in consequence of what he said to me, I went with him to Mr. Cannon's; he there produced this 5l. bill, and a sovereign was given to him.
RICHARD WALKER (policeman, G 33). I took the prisoner into custody—he begged very hard of Williamson to come to some arrangement, and settle the matter—on taking him to the station he said he had signed documents to the amount of 23,000l. for Mr. Gibson, to purchase some shares.
MR. GIBSON re-examined, I never lived in Grove-cottage—the prisoner has never brought an action against me, nor ever made any demand upon me—he has never signed any document for me—I have never recognized any document that he has signed for me.
GUILTY of uttering. Aged 29.— Transported for Ten Years.
GUILTY . Aged 19.— Transported for Seven Years.
791. JOHN WROTHENBURGH and THOMAS FRANKLIN , feloniously breaking and entering the counting-house of Charles Rogers Cotton, and stealing 1 knife, value 6d., 3 bags, 6d., and 3l. in money; his property; Franklin having been before convicted: to which
FRANKLIN pleaded GUILTY . Aged 15.— Transported for Seven Years.
CHARLES ROGERS COTTON . On 3d Feb. I lived at Salisbury-lane, in the parish of Bermondsey. My foreman told me something—I went to the counting-house about half-past seven o'clock in the morning, and found the desks all open—they had been locked at four the night before—the drawer of an iron safe was open—I missed from it a bag containing shillings, sixpences, and halfpence—I am almost sure there was a sovereign in my desk—I also missed a knife and three bags—I swear to this knife, and believe these bags to be mine (produced)
THOMAS TOOME . I am Mr. Cotton's foreman. I left the yard and counting-house locked up, safe, about half-past eight o'clock on Friday night-next morning, about seven, I unlocked the counting-house, and found the desk wrenched open, the drawers turned inside out, and the money gone—the window was shut the night before, but we seldom put the shutters up.
WILLIAM NOAKES (policeman, M 104). I went to Mr. Cotton's, and found the window had been opened, the drawers broken open, and several foot-marks in the yard—I took Wrothenburgh that evening; Franklin was with him—I made an impression with Wrothenburgh's boots by the side of the impression, and it corresponded exactly.
ELIZA CRESSY . I am in the service of Mr. Jennings, of Horsleydown, a clothes dealer. About half-past eight o'clock on Saturday morning the prisoners came; they each bought a pair of trowsers, a pair of braces, and a handkerchief—they each bought something—Wrothenburgh changed a sovereign. Wrothenburgh's Defence. I met this boy; he said he was going to buy a pair of trowsers; that he had got a sovereign, and would treat me to a pair out of it.
WROTHENBURGH— GUILTY . Aged 17.— Transported for Seven Years.
CHARLES WOODCOCK . I was in the employ of Frederick Meyer, a lard-refiner, at his warehouse in High-street, Camberwell. I swear to one of these bladders (produced) by this little hole in the top—it is Mr. Meyer's property—they were safe on Saturday evening at half-past five o'clock when I left, and locked up the warehouse—I missed them on the Monday, also a keg of lard, which I have seen at the station—the place was broken open, and they had got over a wall.
SAMUEL COPPING (policeman, P 97). On Monday morning, about half-past six o'clock, I saw the prisoner stop in Nelson-street, Camberwell, to put something which he had on his back into a truck—I went up; he appeared to be going to make water against a wall—he instantly walked away—I looked into the truck, and saw a sack—I opened it, and saw a bladder of lard—the prisoner stood with his back in a doorway—I stopped at the corner, and in a minute or two he came back to the truck—I caught hold of him, and asked him where he was going—he said, to his work—I said, "Who is your matter?"—he said, "Mr. Smith"—I said, "Mr. Smith, the dustman?"—he said, "Yes"—I said, "I shall take you into custody, for stealing the sack"—he said, "What sack?"—I said, "That sack in the truck"—he said, "You can only take me on suspicion"—I took him to the station, and the sack, with the bladder of lard in it—the warehouse is in the parish of St. Giles, Camberwell.
GUILTY of larceny only. Aged 19.— Confined Twelve Months ,
Before Mr. Common Serjeant.
FRANCES HOLLOWAY . I am servant Mr. George Rowlands, of Rocking. ham-row, New Kent-road. On Friday morning, when I came down stain, I found the back kitchen-window open, and saw foot-marks all round—I am sure it was shut at seven o'clock the evening before.
RICHARD WOODWARD (policeman, M 278). About two o'clock, on the morning of the 9th Feb., I was on duty in Thomas-street, New Kent-road, and looking over these premises at the back of Rockingbam-row, I heard a movement in a garden—I listened till Brooking came by; I then looked over, and saw three or four lads jump from the garden of No. 23 (the prosecutor's) into 24—the prisoners are two of them.
SAMUEL ANDREWS (policeman, M 458). I saw Wood and three other boys running—I took him, and asked what he was running for—he said, "We are having a lark"—as I was taking him to the station he dropped this centre-bit, and at the station I found on him this stock, and these skeleton keys—I took off Davis's shoes, and compared them with the marks in the prosecutor's garden, and they corresponded.
Davis's Defence. I had been to my sister's, in the Borough, to tea, and stopped very late, and in going home I heard a cry of" Stop thief! "I ran with the policemen; one of them stopped me, and asked what I was running for; I said, "I did not know; "he said, "Are you one? "I said, "No; "but the other policeman came up and said I was.
(Wood received a good character).
WOOD— GUILTY . Aged 19.— Confined Three Months. DAVIS— GUILTY .* Aged 22.— Confined Nine Months.
JOHN MAYNARD . I keep the Prince Alfred, at Bermondsey; the prisoner was my potman. I missed money, sent for a policeman, and placed him behind the parlour-door; I locked the house up, leaving the prisoner in it to receive answers from the private door, and went out with my wife—I had marked nineteen sixpences, four half-crowns, and nine shillings—I returned in two hours, and found the prisoner in custody—there was a key in the parlour-door, which was not mine—the till was opened, and a half-crown and a sixpence lay on the counter, which I had marked in the policeman's presence.
Cross-examined by MR. O'BRIEN. Q. Had you a character with him? A. A written one.
THOMAS JACKSON (policeman, A 500). I was at Mr. Maynard's, concealed in the parlour. About a quarter to four o'clock the prisoner came in with a key; he drew the till out, and took some silver in his hand—I opened the door and went towards him—he threw the money back towards where he had taken it from—I took him in charge, and kept him till Mr. Maynard returned—he begged I would not say anything about it—I asked how he opened the door—he said, "With a key which is now in the door;" I found it there.
Cross-examined. Q. You did not see what money be took? A. No. (The prisoner received a good character).
GUILTY. Aged 17.—Recommended to mercy.— Confined Six Months.
BURROWS pleaded GUILTY. WILLIAM ATLEE (policeman, L 110). On 19th Feb., at quarter-past seven in the evening, I was with Serjeant Goff, in St. George's-row, and saw Burrows, with a basket on his shoulder, with something heavy—Smith was ten or fifteen yards from him, he went up, and lifted the basket higher on his shoulder, I followed; they both turned into Garden-row—Smith put his hand on the top of the basket, to save something from falling—I asked Burrows what he had got; he said, "Some lead"—I asked where he was going to take it—he said, "To a shop in Goswell-road; "that he was sent with it from the Philanthropic—the basket contained a quantity of lead—I took them both to the Philanthropic—I asked Burrows who sent him with it—he pointed to some buildings, and said, "I took it from there"—I took them both to the station.
CHARLES BURGESS GOFF (police-sergeant). I was with Atlee—Smith said, "I know nothing about the lead"—I had gone out for a cab for the chaplain of the Institution, saw Burrows, and ran after him to speak to him—I asked to see the chaplain, but found he had gone out in a cab, which Smith had fetched—the basket contained six pieces of sheet lead, and a piece of pipe; the sheet lead fitted the skylight frames, and the holes of the different nails where it had been wrenched from—I compared the—pipe; that fitted exactly.
ALEXANDER----(policeman, T 51). I was with Atlee and Goff—I took Smith; he said he kne wnothing about the lead—in going to the station he said he could prove he was only in Burrows' company five minutes—he then said, "You have not got me right; you did not see me take it."
CHARLES ANDREWS . I am a carpenter, in the employ of the Philanthropic Society. I employed the prisoners there—I cut this small piece of pipe from the force-pump at the chaplain's old house—it corresponds with this produced—it was formerly the society's property; it now belongs to Henry Newton and another, builders, and the sheet lead also.
SMITH— NOT GUILTY .
796. JOSEPH BURROWS and THOMAS SMITH were again indicted for stealing 15 lbs. weight of lead, value 2s. 6d.; the property of the Presi dent, vice-president, and others, of the Philanthropic Society; to which
BURROWS pleaded GUILTY . Aged 17.— Transported for Seven Years.
SMITH— NOT GUILTY .
MARY WATKINS . I am a widow, and am a milk-woman. On 25th Jan., I left some cans for about five minutes at the corner of Ingram-court, Fen-church-street, while I went to serve a customer—when I came back they were gone—these cans produced are mine.
Cross-examined by MR. PARRY Q. What time was it? A. Between three and four o'clock—I do not know whether the Magistrate dismissed the charge—I do not understand it.
GEORGE WILD (policeman, M 94). In consequence of information I went to the prisoner's house in Fryer-street, on 25th January, about a little after seven o'clock—I saw him taken into custody by Hunt on another charge—just after he was taken away, a man came in with fourteen wooden pails—(searched the house, and in the back parlour, behind a chair, found this large milk-pail, with the small one in it.
Cross-examined. Q. Did not the Magistrate dismiss this charge? A. I have been told so—I was subpoenaed here—I was told the case was left for Mrs. Watkins, to go before the Grand Jury—we remained at the house four or five hours—we were not there till four o'clock in the morning—I believe we left at half-past twelve—three of us left together—we had a little beer together there—we were glad to get it, the house was in such a filthy state—we had no search-warrant—we had no spirits—the prisoner's wife sent for the beer, and she got beastly intoxicated—I cannot say whether Mary Ann Nicholli was examined at the police-office; she had charge of the prisoner's house.
Cross-examined. Q. Did you go with Wild? A. Yes, but was called away directly—I was there a very few minutes—Mary Ann Nicholls was there—I was not before the Magistrate.
MR. PARRY called MART ANN NICHOLLS I am the prisoner's servant, and have been so nearly six months. I remember the day the cans were brought, it was on 25th Jan., the same day the officers came—a young roan brought the CADI while my master was out—he had no opportunity of seeing them—as soon as he came in, he was taken into custody—I gave this evidence before Mi. Seeker, the Magistrate, and he dismissed the charge. (The prisoner received a good character.) NOT GUILTY
JOSEPH HYAMS My father's name is Emanuel; I am fifteen years old. On Thursday, 11th Jan., I came home with my barrow, and went into my father's house, leaving it at the door—I came out in less than ten minutes—it was gone—I gave information to the police—this is the handle of it (produced) it has my initials on it—I branded them on myself—my mother has the iron here.
Cross-examined by MR. PARRY Q. What time was it? A. Between six and seven o'clock—I left it in Whitechapel.
HENRY HUNT (policeman, M 82). I took the prisoner to the station on the night of 25th Jan., went back to his house, searched, and in the loft at the top of the house found this small part of a barrow marked "J. H."—I then went to Mr. Jenners', the second house from the prisoner's, the yard of which adjoins his, and had these two handles delivered to me—the small part found in the loft I have compared with the other parts, and they correspond.
Cross-examined. Q. The handles were not found on the prisoner's premises? A. No; I saw the piece found in the loft—there were three or four other constables there—I had some porter, no spirits—I took the
prisoner into custody at seven o'clock, and when I left the house with the things, it was between half-past eleven and twelve—we took a truck load of things away—the charge against the prisoner about some springs, failed—I preferred the charge about the milk-pails: I was ordered to do to by the Magistrate; the prisoner was not committed on it—tome things belonging to some Water work Company were found at the prisoner's house, but we could find no owner—I have got no other property of the prisoner's—the Magistrate ordered me to give up all that was not owned—we were ransacking the prisoner's house for five hours, from top to bottom—it was three hours before we found this bit of wood—we took everything we thought likely to have been stolen—this is the last charge against the prisoner.
Cross-examined. Q. Your house is not situated alone? A. No.
GEORGE WILD (policeman, M 94). I found the part of the barrow in the loft—as I was searching, the prisoner's wife put out the light, and I missed her—I got on the ladder, which went through the roof—something passed me, which I caught hold of, and when a light was brought I found it was the prisoner's wife's boot—I know Jenners' yard—anything could find its way there from the roof of the prisoner's house.
Cross-examined. Q. What time was it you caught hold of the woman's leg? A. It might have been half-past ten o'clock—I believe Hunt went round and got the two handles about eight, but I am positive it was after I got hold of the woman's boot—we took away everything supposed to have been stolen—there was a truck-load.
MR. PARRY called
ELISABETH SWEETMAN . I am married, and reside in Upper Marsh, Lambeth. On this night I was at Mrs. Kempley's house about eleven o'clock, and heard a policeman at the top say to one at the bottom of the ladder, "I have not found anything"—one of the policemen afterwards went out, returned in about ten minutes, and brought in from the street two pieces of wood about the height of these. NOT GUILTY .
WYATT pleaded GUILTY . Aged 23.— Confined Three Months.
JAMES WARD . I am a beer retailer at Vauxhall. On 17th Feb., Wyatt came and asked for a pint and a half of ale—I asked whether she was going to take the pots home as she had no jug—she said yes, she was going to Smith's, of Vauxhall-wharf—she took it away in two quart pewter pots—my son told me something—I went to George-street, Vauxhall, three or four hundred yards off, I saw my son with one of the pots—I asked Wyatt, who was in the house, for the other—she said it was not empty, and then that she had sent it back—I got a constable, went to the back room first floor, and took both prisoners.
JAMES WARD , jun. I live with my father. On 17th Feb., about half-past two o'clock, I saw Wyatt with two quart pots, coming in a direction from my father's house—I followed her to 5, George-street, then went home and told my father, went back, knocked at the door, and got one of the pots
from Wyatt—I asked for the other—she said it was not empty—I remained in the street—I went again with my father, and she said she had sent the pot home by her little boy—I had been watching all the time, and no boy had left the house.
JOHN GROUND (policeman, L 178). I was called in, and found the prisoners in the back room—Wyatt said she had given the pot to a little boy, but she did not know what boy it was—I took her—it was then about three o'clock,
ELIZABETH HENDEN . I live in George-street, The prisoners occupied my back room first floor—after Wyatt was taken by the police, Mortishead came into the back yard three times—the third time, he came out of the water-closet at the bottom of the yard, it was between three and four o'clock—I went there directly he left and found this iron saucepan—I took it out and put it on the dust—afterwards not knowing what to do with it, I threw it back again—I afterwards saw it given to the constable.
THOMAS LOCKYER (policeman). I went to 5, George-street, and received this saucepan—here is white metal sticking to the sides of it—I went into the prisoner's room and found some small pieces of white metal of the same sort about the fire-place—Mortishead came in while I was there—I said to him, "You must go with me to the station on account of the pots"—he said, "I did not know but what my wife had given them to the boy"—this piece of metal was afterwards found in the next garden—it exactly fits into the saucepan.
ANN SPENCER . I am the wife of Joseph Spencer; we live next door to the prisoners. On 4th Feb., at four o'clock in the afternoon, I picked up this piece of metal in the garden wrapped up in this piece of flannel, and quite warm. MORTISHEAD— NOT GUILTY .
Before Edward Bullock, Esq.
BENJAMIN HOARE . I live in Edward-street, Bermondsey-street. On 19th Jan., about twelve o'clock at night, I was going along Bermondsey-street with another young man—the prisoner came up and asked for something to drink—we went with her to a public-house—we had some gin and beer which I paid for—the prisoner then went out, and a party who was with my friend said something to me—I felt in my waistcoat-pocket, and missed my purse which had about 7s. in it—I know I had had it there about a quarter of an hour before—I went along the road, and met the policeman bringing the prisoner back with my purse—this is it—I cannot say that I had it when I went into the public-house.
Cross-examined by MR. CHARNOCK. Q. How long had you been in her company? A. About ten minutes—I am single—I was not sober—I had a goodish drop to drink—I did not pull the prisoner about—I did not give her money for what passed between us—I swear I did not give her the purse—I had not been drinking all day, only after I left work—she did not appear to be far gone—I do not know whether I did not pull the purse out of my pocket in pulling out a piece of paper to light my pipe—I cannot tell what coin was in my purser—there was 7s. I believe—I know there was a shilling, and some sixpences, and I believe some fourpenny pieces.
JOHN WHITLAMB (policeman, M 89). I received information, and a description of the prisoner—I found her in Grange-walk, and told her I wanted her for stealing a purse with money in it—she said she had not, Sergeant
Roberts came to my assistance—I saw her put her right hand up behind her shawl, I saw Sergeant Roberts take something from her right hand, we went to a gas lamp, and I saw it was a purse.
Cross-examined. Q. Did she say she had not got any purse? A. Yes—she said she had not seen any young man, and had no purse—she had been drinking, but knew well what she was about.
THOMAS ROBERTS (police-sergeant, M 28). I was with Whitlamb—I saw the prisoner put her hand behind her—I got hold of it, and found in it this purse—I asked what she had got there—she said, "Nothing"—she then said it was hers—in going to the Court she said, she should not have taken the money, but she had been put on to it.
Cross-examined. Q. Did she not say it was given to her by the prosecutor? A. No. NOT GUILTY .
JOHN WHITEAR . I live in Deverell-street, Kent-road. The prisoner came into my service about the middle of Nov. On the evening of 12th Feb., in consequence of something, I sent for an officer, who searched her in my presence—we missed two spoons—these are them (produced).
Prisoner. You knew that 1 was in difficulties, and was in the habit of pawning things. Witness, Not my things; she pawned her own things.
DONALD MURRAY (policeman, M 119). On 12th Feb. I was sent for to Mr. Whitear's—I found the prisoner there; she was drunk—I saw her pocket was bulky—I found in it twenty-two duplicates, two relating to silver spoons—I took her to the station, and went to the pawnbroker's, and got these two spoons—the pawnbroker is not here; he went before the Magistrate, and the prisoner then said she pawned them intending to redeem them again.
Prisoner's Defence. I acknowledge pawning these, but intended to take them out again; I asked my master to pay for them out of my wages; my own things were in pawn to support my children. GUILTY . Aged 43,
—Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Common Serjeant.
806. ANN SMITH , stealing 1 pair of boots, value 1s.; the goods of Joseph Lewis, from the person of Joseph Richard Lewis: also, 1 frock, and other articles, value 1l.; the goods of Pierce Nagle, from the person of John Alexander Brown: also, 1 frock, and 1 handkerchief; the goods of Thomas William Moore: to all which she pleaded
GUILTY . Aged 34.— Confintd Nine Months.
Before Edward Bullock, Esq,
MR. WILDE conducted the Prosecution JOSEPH BROAD I am a pork-butcher, of Richmond. I lost a leg of pork, about eleven o'clock on Saturday night, the 10th Feb.—I saw Rose in my shop, buying half a pig's head—I went out of the shop, and when I went back the leg of pork was there, and Robson was at the door—I went to my room, put down something, and returned—Robson had left—I missed a leg of pork—I asked the boy and my wife if they had sold it—they said, "No"—I said to Rose," Then that wretch must have stolen it"—Rose offered to lay me five to one that he knew the person who had got it—I believe Robson was the person who was outside the door; he had a cap on.
Cross-examined by MR. PAYNE Q. Did you see another person standing there? A. The other person came while I was talking to Rose—I believe it was a person who lived in the same house with Rose—he came to buy a bit of pork; it did not suit him, and he went out—there was a particular mark on the pork; one of the legs was hurt, And that was the leg that was taken.
JAMES REMNANT I am Mr. Broad's shop-boy. I saw Rose come in; he bought half a pig's head—I saw another person outside, who had a cap on—a leg of pork was lost that evening—I saw it safe about five minutes before I saw the man outside—my master came in, and spoke to Rose about the man outside taking it—Rose said he did not know the man outside—I saw the two prisoners come to the shop together after the pig's had been bought; they were speaking together—I left them standing outside—when Rose bought the pig's head he had a hat on, and the man outside a had capafter that, Rose had a cap on, and the other man who was brought up had a hat—Rose said to me," Am not I the man that bought the pig's head?"
JOSEPH BARNES I am errand-boy to Mr. Wall, a fishmonger. On Saturday night, 10th Feb., I went to Mr. Broad's for some pork—I saw both prisoners, one buying the pig's head, the other outside the door—I did not get what I wanted—I left the shop, and left Robson still outside the door—he had a cap on then, and Rose had a hat—I afterwards saw the prisoners come out of Water-lane together, and they stood against the pump—I heard Rose say to Mr. Broad that he thought he could pick out the party who had stolen the pork—Rose had a cap on then—a female was taken into custody, and then Robson came up with a hat on like the one that Rose had had on before.
Cross-examined. Q. There was a woman in custody, and a baby? A. Yes; they were discharged—Robson was rather tipsy.
HENRY VERNON PARKER (police-sergeant, V 36). About a quarter-past eleven o'clock that night I saw Remnant, and made inquiries about the pork—I saw Rose coming towards me, with a cap on—he said he thought he knew somebody who had taken the pork; he could tell me who it was; he thought they were musicians, or something of that kind—I afterwards went to a house in Water-lane, where Rose lodged, and found the leg of pork in the soil of the privy; it was shown to Remnant, and he said it had a foot on—I went back, and found the foot in the cupboard, and this cap on the bed—I had seen Rose about an hour and a half before, wearing a cap similar to this—I fitted the foot to the leg of pork, and they corresponded.
Cross-examined. Q. Are there a good many lodgers? A. Yes; I have no one here from the house.
eleven that night—Rose was pointed out to me—I watched him into a house in Water-lane—I heard him go up-stairs—he came out again the backway and went into the back-yard—I heard him say, just as he came out of the water-closet, "It is all right"—I saw his wife in the yard just after that—I got over the wall and found the leg of pork in the soil—I saw the foot afterwards found in the cupboard in Rose's room in the same house.
Cross-examined. Q. You took the wife and baby to the station? A. Yes, the woman was bailed on Sunday morning.
JOHN SINGLETON (policeman, V 127). I went to the house in Water-lane, and took Rose's wife—while I was taking her Robson came up, took me by the collar, and used great violence—while I was down he said, "Now you
B—r, I will do for you"—he repeated that several times, and gave me a violent kick in the side—I took him to the station.
Cross-examined. Q. Was he the worse for liquor? A. He was very violent; I think he had been drinking, but he knew what he was doing.
NOT GUILTY .
MR. MRTCALFE conducted the Prosecution. JOHN HOLLAND (policeman, V 102). On 22d Feb. I went into Mr. Redshaw's coach-house at Barnes, about ten o'clock at night—there was a horse and cart standing in the yard—I saw Cooke, who is his carter, come from the road—he took an empty nose-bag from the horse's note, took it into the stable, and filled it with corn, and put it up into Nicholl's cart—Nicholls came in while Cooke was getting down from the cart—a conversation took place between them, which I did not hear—after that, Nicholls took the horse by the head, turned him round, and they both went out of the yard together into the road—I went and stopped them—I asked Cooke if he had been dealing with Nicholls for corn—he said, no, he knew nothing of any corn—I believe Nicholls deals in hay and corn—I got into the cart, and saw the beans in the bag which I had seen Cooke put into the cart—it was in the bottom of the cart, against the front, and covered over with hay—I asked Nicholls how the beans came there—he said they were beans he had brought in the morning—I had a light in my hand—I showed him the beans, and then took the prisoners into custody—I went back to Mr. Redshaw's stable—I saw part of a sack of beans there—in my judgment they corresponded with those in the nose-bag.
Cross-examined by MR. PAYNE. Q. You say Cooke went into the stable? A. Yes, he had a lantern—I was just inside the coach-house door—the door was not shut, I placed it open, that I might see—I was about six yards from the nose-bag that he took—this is the bag I found in the cart—when I stopped the cart, it had gone between twenty and thirty yards, not out of my sight.
Cross-examined by MR. ROBINSON. Q. This was a public yard? A. Not that I am aware of—I do not know how many stables are there—the horse and cart had been there an hour to my knowledge—I know the nose-bag was empty, because I turned my light on to it half an hour before Cooke came, and no one touched it till Cooke took it in under his arm.
THOMAS REDSHAW . I am a carpenter, and live at Mortlake. I have a stable at Barnes—I have not been in it for a month myself—I do not know whether the sack of beans belonged to me or not: I leave all that to Cooke, who is my carter—the stable that the policeman pointed out to me is mine—I saw a sack of beans, but not in that stable; they were in the adjoining
stable—it was the carter's fancy to have the beans there—whether he pays the rent for it, or I have to pay it, I do not know—I suppose the beans he would have there would be mine—I never gave him any authority to let any one have any beans—Nicholls hat supplied me with hay, the last eighteen months—he did not supply me with any corn—I met him at the White Hart between nine and ten o'clock in the morning on 22d Feb,—he said he had some hay coming if I required any that day—I said I would see the carter—I did not quite buy the hay, but it did come, and was put into my stable—if he considered that buying, I should consider it the same—I have not seen the hay at all—I said I would not buy it till I saw it, but he left it.
Cross-examined by MR. PAYNE. Q. YOU cannot swear to these beans? A. No. NOT GUILTY .
JOHN MILLS . I live in Park-street, Southwark. I had a barge called the Edward lying off the wharf with iron in it—the iron is here, but 1 cannot identify it—we had a large quantity of the same description.
JOHN WILLIAMS (Thames-policeman, 4). On 17th Feb., about twelve in the day, I was on Bankside—I saw the prisoner in the barge, and another one was in the mud—the prisoner was casting the iron out of the barge Edward into the mud to one of the others—the barge was lying off Bankside, just below the iron bridge, right opposite Mr. Mills' premises—I went on a coalbarge and jumped off on to the shore—I found the prisoner and another lad, the other escaped—I caught the prisoner—I found this iron stowed away in the wall.
Prisoner's Defence. There were some boys getting some iron; I did not get it; the others ran away, and he took me.
GUILTY . Aged 17.— Confined Four Months.
Before Mr. Common Serjeant,
CHRISTIAN RUSSELL . I am single, and keep the British-school at Camberwell—Mr. John Donken is treasurer to the committee of the school, and a shareholder, and there are others—these candlesticks and books were on the mantelpiece in my school-room—I saw them safe on Friday night, 2d Feb., and missed them on Saturday afternoon; these are them.
MARIA WALKER . At half-past three o'clock on Saturday afternoon, 3d Feb., I was looking out of window and saw three boys before the Britishschool—I told Miss Russell that I thought they were no good, and she went for a policeman—I watched and saw the prisoner, who was one of the boys, open the school-room window and get in—he and another handed these things to a bigger one outside—I went across the road—I saw two of them running—the prisoner threw this book down.
Prisoner's Defence. I was coming down Coburg-road, and there was a policeman coming along; I passed three yards by him, and he hallooed out, "Stop thief!" I asked what he wanted me for; another policeman came up and gave me a punch on the head.
ALFRED BONNARD (policeman, V 301). I produce a certificate of the prisoner's former conviction at Newington—(read Convicted Oct., 1846, transported for seven years)—the prisoner is the boy—he has been convicted summarily since then. GUILTY . Aged 15.— Transported for Seven Years.
JOHN PORTER . I am a rope-maker, and live in Blue Anchor-road, Rotherhithe. On 29th Jan. I had my fowls locked up all right in my rope-yard about three o'clock—next morning, about seven o'clock, I found the place had been broken open and ten fowls were missing—I went to a dung-heap and found three of the fowls deposited there—I let them remain, and gave notice to the police—they sent two officers to watch till the evening—they came in the evening with the fowls and the prisoner.
WILLIAM NOAKES (policeman, M 104). I received information that these fowls were in the dung-heap—I concealed myself till half-past six o'clock—I saw the prisoner come to a gate opposite where the fowls were—he waited till some people had passed; he then got over the gate, and went to where the fowls were deposited—he stooped down, and went round the dung-heap—I lost light of him for a minute—I then saw him go to the gate and get over—I took him—he had a bundle under his arm—I asked what he bad got—he said he did not know—I said, "You may see what they are, they are fowls"—the legs were sticking out—he then said he had found them—I said I must take him to the station—he dropped a pair of shoes from his hand—he had his own shoes on—I told him about the fowls being stolen last night—he said he was not there that night, he was in Covent-garden till eight o'clock in the morning.
EDMUND WALKER (policeman, M 274). At a quarter-past five o'clock on the morning that the premises were broken open I met the prisoner about two hundred yards from the prosecutor's—I did not observe that he had anything with him.
Prisoner. They swear false; I picked up the shoes.
ROBERT CLARK . I am a baker. I produce a certificate of the prisoner's former conviction—(read Convicted Feb., 1843, and confined six months)—the prisoner is the man. GUILTY .* Aged 66.— Confined One Year.
Before Edward Bullock, Esq,
CHARLES STANLEY . I am employed as a watchman at the goods station of the London and South-western Railway, at Nine Elms. On Thursday morning, 22d Feb., I was watching—the luggage-train had just arrived from Southampton—on one of the tracks was a wagon loaded with fish—over the wagon was a tarpaulin belonging to the Company, and under that was a covering of white calico nailed down tight all round—I got up and examined it—I kept my eye on the wagon till it arrived where these things are unloaded—I then got into a gentleman's phaeton; but thinking I might be seen, I got out—the phaeton was then quite empty—soon after that, the prisoner and three other men came to this phaeton—after that two of the men went away, leaving Brumwell and the prisoner at work—the prisoner asked Brumwell something, and he went away, leaving the prisoner at the head of the wagon containing the fish—in two or three moments the prisoner left the wagon, and came to the phaeton, and I heard a rustling, a lift up of the apron, and then something dropped—the prisoner turned to the wagon, then came to the phaeton, and 1 heard something drop a second time—he was walking away; I called him, and went to the phaeton with a light which I had, and found five mackerel—I asked him if he knew anything about these
fish—he said no, some other person had put them there—I took him to the office—I had had my eye on the phaeton all the time—if any other person had gone, I should have seen it.
Cross-examined by MR. PARRY. Q. How long had the prisoner been in the Company's service? A. Several years, I believe—these fish came from Portsmouth—the wagon was about the width of this Court from the phaeton—I went to about the same distance from the phaeton that the wagon was—I had been inside the phaeton, and there was nothing in it then—this wagon arrived about one o'clock in the morning, and this took place about half-past two—it was dark, but there were lamps there—I was looking at the prisoner—he drew the wagon off the truck—I was employed as a watch, in consequence of so many robberies—when I saw the wagon come up, it occurred to me to watch, because fish have been stolen so many times—I saw how the load of fish was covered—I had been at the station from eight o'clock—I receive 1l. 1s. a week—the prisoner I believe has 1l. 2s.—this is the first time I have detected any one—I have been employed six months—the Directors have not complained that I have not been sharp enough—I have not been spoken to on that subject by the persons connected with the railway—there have been constant robberies, but there have been no complaints of me—I had what we term a signal lantern in my hand, which turns off dark—I closed it after I got into the phaeton—I stood about ten yards from the phaeton, and the wagon was about the same distance—there was an apron in the phaeton, and a covered seat.
CHARLES BRUMWELL . I am in the employ of the London and South-western Railway Company. On the morning of the 22d I was employed with the prisoner in moving a wagon from the truck—there were four of us—we took the wagon off the truck on to the ground, and then two porters went away—the prisoner and I were left to put the shafts on the wagon—as soon as we got them on, the prisoner said to me, "You may go now, I will put the keys in"—I then went away—the wagon was all right when I left it—I did not return any more—I saw the phaeton near the wagon—I did not go nearer to it than the wagon was.
Cross-examined. Q. These two men left before you did; you were the last man there except the prisoner? A. Yes—I had only worked there eight days—the prisoner has worked there eight or nine years.
THOMAS BENT (policeman, V 95). I am in the employ of the South-western Railway Company. Stanley gave the prisoner into my charge—I examined the wagon—I found in the corner, in front, the canvas had been burst open, and a few of the mackerel taken out—the prisoner said he was innocent.
JURY to CHARLES STANLEY. Q. You saw the prisoner go the phaeton, and heard something drop? A. Yes—I did not see him get on the wagonhe could reach them without—the tarpaulin had been untied before—I took him before he got any distance away. NOT GUILTY .
LEWISH ASH . I am an engineer. The prisoner was apprentice to me—he was in my service up to 2d Feb., when he absconded in the morning—about ten o'clock that morning, we missed this ratchet brace—it was safe on a machine in the factory several days before—this is it (produced).
Cross-examined by MR. BALLANTINE. Q. When was he bound apprentice? A. On 4th April, for seven years, with a premium of 50l.—I had to
keep him—I have not given back any of the 50l.—this brace is worth 50s. or 3l.—the prisoner's mother is not in want—she has got plenty of money—the prisoner has absconded three times from his apprenticeship, and we have missed property.
ALEXANDER TAHOURDIN (police-sergeand, L 57). I took the prisoner at his mother's lodging—I asked if he knew anything about a ratchet brace—he said he did not. (The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy by Jury. — Confined Four Months.
MR. CLARKSON conducted the Prosecution.
JACOB KING . I have livery stables, at 29, Bridge-street, Southwark. In Dec. last, I was summoned to the County Court of Surrey, for a debt of 3l. 13s. 6d. due to Mrs. Gilham—on the first day of my coming to town I went to the Court—the prisoner came up, and said, "Do you want a summons?"—I said, "No; I am summoned, I have called to pay it"—I produced the summons—he possessed himself of that, and said, "Very well"—he went to a desk, wrote a receipt and gave it me, and I paid him four sovereigns, and a sixpence—I had no idea but that he was an officer of the Court, or I would not have paid him—I did not employ him as my agent—I think he had no hat on—he appeared to be quite at home—four or five weeks afterwards, two persons called on me, and said they came to levy distress—I produced the next day to the Court the receipt I had had from the prisoner—I then found the money had never been paid, and I had to pay it over again, with additional expences.
Prisoner. Q. Was not I talking to a female when you came in? A. I do not remember—you were not writing—you addressed me—you did not say you would attend to my business for me.
THOMAS HILL . I am one of the ushers of the Southwark County Court. I produce the papers, which are official copies of the records of the Court—the prisoner is no officer of the Court, and never was—I have seen him hanging about the place repeatedly, and have had orders from the chief clerk to turn him out.
Prisoner. Q. Did I ever get business? A. Everybody about the Court gets custom, but we have no agents—I am aware that you have brought persons there frequently.
EDWIN PINKS . I am one of the receivers of money at the Southwark County Court—I know the prisoner—I suppose he knows me as an officer entitled to receive money—no part of the debt and costs of the complaint of" Gilham v King "were paid into Court.
ALFRED GILHAM . I am the son of Mrs. Gilham, who was the complainant in this plaint—I attended the Court on my mother's behalf, not being aware that this man had got the money—I beard the case called on, and went round—the prisoner came and said, "Don't let us go before Mr. Maynooth, let us make it up"—he said, "I appear for Mr. King, he wishes to have two months"—I said, "No; we will go before the Court"—the case was called on, and the prisoner was sworn—Mr. Maynooth said to him," Are you instructed to appear for Mr. King?"—he said, "I am"—Mr. Maynooth said
"What do you want?"—he said, "Two months"—Mr. Maynooth said to me," ought he to have two months"—I said, I thought not; Mr. King could pay—he said, "I shall only give him a fortnight"—just at the period of the fourteen days expiring, the prisoner called at my mother's house—he said, "I have got something unfortunate to tell you about, Mr. King has paid me the money to pay to the Court, I am sorry to say that I got drunk, and was robbed of it; I get my living at the Court, it will be my utter ruin, I will make it up if you will give me a month's time"—I gave him the time, and it was not paid—we then issued execution, but that was a mistake—we ought to have let Mr. King know.
JAMES BURTON (policeman, M 272). I took the prisoner on 30th Jan., in the parlour of the Round House, public-house, near Drury-lane—he said he got drunk and was robbed of it—(receipt read—"Debt 3l. 13s. 6d.; costs 6s.; entering certificate 1s.: 4l. 0s. 6d. Received, Daniel Cooper."
HENRY CHARLES KNELL . I am a timber merchant, of Lambeth—my mother was summoned to the Southwark County Court by Mr. Emmett in the early part of Dec.—one was abandoned, and then we had a second summons—the amount of the debt was 1l. 8s., and costs—in Jan. the prisoner came to my office—I had not known him before—he said he called from the County Court about Emmett's affair—I asked if he would take the money as I offered to pay it—I did not understand that he had seen Emmett before—I understood him to come from the Court as an officer of the Court—he went away, and in a day or two afterwards called, and said he had been to Emmett and had seen him, and he had agreed to take the money as I proposed—that was without a hearing fee—the amount was 1l. 11s. 6d.—I gave him a sovereign, and the rest in silver—he said, "I have not one of our receipts, but if you will take a memorandum now, I will send you one"—he gave me this memorandum—(read—" Received, 6th Jan., 1849, 1l. 11s. 6d. to settle this debt and summons. Gordon Emmett, 49, Lisle-street, Leicester-square. Daniel Cooper")—he then went away—if I had known he was not an officer of the County Court, and had nothing to do with the receipts of the Court, and had not seen Mr. Emmett, I certainly should not have paid him the money.
GORDON EMMETT . I carry on business in Lisle-street, Leicester-square—I took out a summons against Mrs. Elizabeth Knell for 1l. 11s. 6d., but her name being Mary I had to pay the hearing fees, abandon that, and take out a fresh summons—the hearing fee was to be allowed in the next caseon 6th Jan. the prisoner called on me—I had not authorised him to go to Mrs. Knell and tell him that I would not take the money without the hearing fee, and then to say I would take it—I never saw him till 6th Jan., when he tendered the money without the fee and I would not take it—the hearing was on 10th Jan.—the prisoner appeared on Mrs. Knell's account—he wanted a month to pay it in—I believe he was sworn—we did not go before the Judge, but before the arbitrator—the money was ordered to be paid on the 17th, but it was not—on the following Saturday I called and met the prisoner on the steps—I asked if it was paid, and he said, "No"—I said, "You have spent it"—he said, "I have."
Prisoner. Previous to seeing you I saw your wife. Witness. I believe you saw her one day—I believe you tendered me the money short the 4s. 9d.
(The prisoner, in his defence, stated that he acted as an agent, and that Mr. King paid him the money to take to Mr. Emmett, who would not take it without the 4s. 9d. for the hearing fee.)
GUILTY Aged 49.— Transported for Seven Years.
Before Mr. Common Sergeant.
816. SARAH ANN WEBBER , stealing 1 dish, value 3s.; the goods of Charlotte Lebat: and 4 spoons, value 2l.; and 1 gown and 1 shawl, value 6s.; the goods of Charles Benson Jackson, her master; and MARY ANN WEBBER feloniously receiving the same.
MARY ANN JACKSON I am the wife of Charles Benson Jackson, a butcher, of Waterloo-road—the prisoner Sarah Ann was in my service—she left me without notice—after she was gone, I missed these articles—I went to the theatre and found her with this shawl on her back—I found Mary Ann with this gown on—they are mine, and these are my spoons.
SARAH ANN WEBBER— GUILTY .
MARY ANN WEBBER— GUILTY .
Confined Six Months.
Before Edward Bullock, Esq.
GUILTY — Confined Six Months ,
GUILTY .— Confined Four Months.
FREDERICK WOOD I am the son of William Leigh Wood, a coal-merchant, of Putney; the prisoner has been five years in his employ. On the afternoon of 26th Feb., I sent him with three tons of coals—he was to take one ton to Mr. Grant and two tons to Mr. Clark—I gave him tickets for the delivery of them—I saw thirty sacks in the wagon—I told him, after he had shot the ton at Mr. Grant's, to come back and take some sand with him—he came back and left the wagon outside the gate while he came down for the sand—while the wagon was there, I took the ten sacks out of the wagon which he had shot—he then went away with Mr. Clark's two tons of coals—he came back in the evening—about two hours afterwards the constable came, and the prisoner was taken into custody—I spoke to the prisoner about a sack of coals—he said he had it given to him, and had given it away—I went with the officer and the weighing-machine to Mr. Clark's—I weighed the coals there, and there were nineteen sacks.
Cross-examined by MR. ROBINSON Q. You did not weigh them before they went away? A. No; only fifteen sacks of them—what there might have been in the others I don't know—I did not count them when he took the twenty to Mr. Clark's—I counted the thirty sacks and took ten away—I
know Mr. Bradbury—he lives at the top of the town—I serve coals to Mr. Pettit, who lives next door to Mr. Bradbury, half a ton at a time—I have always found the prisoner honest—I would trust him with 10l. as well as a shilling—I will take him again—he had been up to the market, and had had a little to drink and nothing to eat, and I think it overcame him.
GEORGE CLARK . I am taking care of some premises at Putney for my nephew—I recollect the two tons of coals coming—I counted twenty sacks in the wagon—they were emptied into the shoot—there were no coals in the cellar when they came—after about three sacks had been emptied, the prisoner brought one sack and laid it on the gravel—he then took it away—when he had shot the coals, I looked and saw as I thought that the wagon was empty, but that sack laid at the tail of the wagon—Mr. Wood and the policeman came and weighed the coals—there were nineteen sacks—none of them had been removed in the meantime. NOT GUILTY .
YOUNG pleaded GUILTY . Aged 30.— Confined Four Months.
CHARLES SELLS . I am a salesman, of Tooley-street. About half-past four in the afternoon of 26th Feb. I came from my parlour into my shop—I saw the prisoner Retty had hold of a pair of trowsers which were hanging on a bar under the window outside—I watched and saw her take them off the line—I ran out and laid hold of her—she had not got them then, but I saw Young walking away—I sent my young man to bring her back, and when she got into my shop she threw the trowsers from under her shawl on the counter—these are them—they are mine.
GUILTY .* Aged 20.— Transported for Seven Years.
MR. PLUMPTRE conducted the Prosecution.
GEORGE CAYZER . I am a smith and tool maker, of Great Guildford-street; the prisoner was my apprentice. I accompanied White to a house in John-street—I saw Harriss there, and saw on the table, hammers and tools, and under the bed, some others, which I identified—these are part of the things I found in the house—this hammer has my name on it; I missed it the day after I had been there—it was there about a week before—the prisoner had absconded from my service in March, but had come back again; he then continued in my service, and was in my house on the day I found these things—I was out at work with one of my young men—I came home, and found him in the shop by himself, which was unusual for him in his dinner-hour—he had no business with these things off the premises—I have not the least doubt that these are all mine—this saw I have had these dozen years—I had it about a fortnight before—these tongs have "J. H." on them—they are made different to any that I ever saw.
Cross-examined by MR. BIRNIE. Q. How long has the prisoner been
with you? A. Since 1843—his apprenticeship will be out about this time twelvemonths, deducting the time he ran away—I had him two or three times before the Magistrate before he ran away—he would work pretty well at times, but gave me trouble from his high spiritedness—he left me in Feb., last year; he said, in a letter which he sent me, that he had no reason for going—his letter stated that he was in Bath, working as a smith there, and promised to be better if I would take him back—he came back at the end of three weeks—I did not go before the Magistrate that time—I did not miss any of these things till 23d Feb.—this one article I know was safe a fortnight before; it it called a mason's broad-tool—I used this saw a fortnight or three weeks before—I suppose I have known the policeman, White, twelve months—he searched my house for stolen goods—he did not find them—they were not on my premises at the time, that is a false calumny, brought up by a wicked woman—these were not Government tools, I bought them of a man named Elliott—my workman did not work upon my premises, goods that had the Government mark—my workman sell tools in my shop when I am out of the way—I never permitted him to make tools on my premises, on his own account—he has done trifling jobs—he has worked extra hours for me—I paid him for every hour that he charged me.
GEORGE WHITI (policeman, M 94). On 23d Feb., from private intimation, I went to 64, John-street, Black friars-road, and asked if I could see Caroline Harris—a female said she was not at home; she would be in in a quarter of an hour—I called again, and she said, "My sister is gone to set a young man"—I went into a beer-shop, and saw the prisoner going to 64, John-street; he was in there two or three minutes—he came out, and went in the direction of Blackfriars-road—he came back, and went in, and then left again—I followed him to Cayzer's shop—I went back to the house, and found these tools—I went to 64, John-street, with Cayzer, and found these tools under the bed and in different places.
Cross-examined. Q. To whom does this house belong? A. I do not know—I am not aware that the prisoner lodged there—Caroline Harris lodges there—she was there when I went there the three times—it was in her room I found the property—when the prisoner went in there, and when he came out, he had nothing in his hand that I saw—he could not have anything of any size—I never searched Cayzer's house for any goods stolen from Woolwich—I looked round his shop once.
Cross-examined. Q. How do you know these tongs? A. By their being made the wrong way.
Cross-examined. Q. How long had you been in his employ? A. From about a month before Christmas—I never saw the prisoner before I came there—I have seen him there, and working with these tools—I believe he has sold tools with Mr. Cayzer's leave—I sold one once.
CAROLINE HARRIS I am a cloth cap-maker, at 64, John-street. I have known the prisoner intimately these two years—these tools were found in my room—the prisoner brought them when he came off tramp, looking for work.
Cross-examined. Q. Look at this saw? A. I lent one similar to this to
the prisoner, which my mother, who is dead, left me—I could not swear whether this is the same—the prisoner brought all these things to my house about 1st March, last year—he told me he had been on the tramp for three weeks—he returned to his master's four or five days after his bringing the tools to my house—he did not give me any account of how he got them, no further than that he worked on the road—I have a brother; he does not live with me—he knows the prisoner.
MR. THOMPSON Q. How long have you lived there? A. I went io Christmas week—my mother lived in Great Guildford-street; she died there—my mother did not leave me this hammer-head—the prisoner brought all these things to my house at the same time, except the saw; he brought that alone—these tongs came with a lot of old iron, which his sister sold him—I was then living in Bedford-row.
(The prisoner received a good character). GUILTY Aged 19.—Recommended to mercy by the Jury. — Confined Four Months.
ADJOURNED TO MONDAY, THE 9TH OF APRIL