CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand,
SESSION VII. TO SESSION XII.
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 SUREEY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 7th, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE, Knt., M.P., LORD MAYOR of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir William Magnay, Bart.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Ewan Law, M.P., Recorder of the said City: William Hunter, Esq.; Thomas Challis, Esq.; Francis Graham Moon, Esq.; David Salomons, Esq.; William Lawrence, Esq.; and Robert 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.,
JAMES EDWARD SHEARMAN, Esq.
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT
DUKE, MAYOR. SEVENTH 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, May 7th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. MOON; Mr. Ald LAWRENCE; and Mr. COMMON SERJEANT
Before Mr. Recorder and the First Jury.
SAMUEL KINO I have a cottage in Marsh-lane, Edmonton. On 19th of April, I left it at four o'clock in the afternoon, my wife had left before me—I locked the door, and placed the key inside the window—when I had got to the end of the street, about thirty yards, I saw the prisoner—I returned at half-past five—the key was then shifted into another place, and I missed a waistcoat and silk handkerchief—these now produced are them.
JAMES TURNER I am a labourer. On 19th of April, in the afternoon, I saw the prisoner in Edmonton between five and six o'clock; he gave me this waistcoat and handkerchief to pawn—I went and got 3s. 6d. on them, which I gave to the prisoner with the duplicate, and he gave me 6d. and some beer.
Prisoner. He told me he had left the door undone, and had put the things in a chair, and told me to go and get them. Witness. I did not—I did not know where the prosecutor lived.
THOMAS WILLIAM KILSBY I am assistant to a pawnbroker at Edmonton. On Thursday, 19th of April, I took in this waistcoat and handkerchief, I cannot say of whom, in the name of John Turner—I advanced 3s. 6d.—this is the duplicate I gave (produced)
THOMAS HILLYER (policeman, M 305). I got this duplicate from King—I afterwards took the prisoner—I told him I came after him for King's property—he said he had sold the ticket to Risley, and Turner had pledged the things.
GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.,
GUILTY — Confined Three Months.
Prisoner. There are a good many handkerchiefs alike. Witness. There is no private mark on them, but they are exactly like mine, and I believe them to be those I lost.
MARTHA WEST I was at my door, and saw the prisoner take the handkerchiefs from the line in Mrs. Willis's yard and go away with them—I knew him before, and have known his friends for years—I went after him and stopped him—he said he had not got the handkerchiefs—I held him until a policeman came up—the prisoner threw the handkerchiefs in a ditch, and the policeman picked them up—these are them.
GEORGE COLLINS (policeman, M 59). I produce a certificate—(read-Thomas Haley, convicted Feb. 1848, of larceny, having been before convicted—confined one year.) I was present at the trial—the prisoner is the person—I have had him in custody three times.
GUILTY ** Aged 16.— Transported for Seven Years.
CHARLES HUMPHREYS About one o'clock on 27th of April, I was going along Moorrlelds, and the prisoner followed me and put her hand into my pocket—I turned round, and she was in the act of putting the handkerchief under her shawl and was running away—I said, "What are you doing with that handkerchief?" and she threw it on the pavement—I picked it up and gave it to a private watchman, who took her in charge—I had not spoken to her, or seen her before she did this.
Prisoner. He spoke to me, and offered me 6d. and 6d. for a room, and because I refused, he said I had robbed him—he took the handkerchief out of his own pocket and gave it to the watchman. Witness. She threw it on the ground, and I picked it up and gave it to the watchman—I did not offer her 6d.
NEW COURT.—Monday, May 7th, 1849.
PRESENT—Mr. Ald. CHALLIS, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
GUILTY Aged 55.— Confined Fourteen Days.
GUILTY .* Aged 38.— Confined Four Months.
GUILTY. Aged 41.—Recommended to mercy. — Confined Six Months.
WILLIAM MILLIGAN (policeman, S 202). On 4th of Apri, I was a Camden Town; I heard something, and found the body of a male child on a plank, at a coal-wharf, by the Regent's canal—I took it to the workhouse.
JAMES CARTER (policeman, S 140). I found the prisoner at Mr. Scott's, 42, Gloucester-street, and said, "I have a charge of concealing the birth of a child against you"—she said, "It was not a child; it was only a six months' child"—I asked where it was—she said she had thrown it into the Regent's Canal, that it was more like a rabbit than a child—she said she was confined that day four weeks.
ELIZA ANN SCOTT I am the wife of George Scott. The prisoner was in my service—she was very ill on 18th of March—I told her to lie down and I would bring her some tea—she said her stomach had been out of order some months, that she had been taking medicine to correct it, and that she had Hooded a great deal; and remarked that she was much smaller—I then saw that her shape was altered—she said she was dropsical, and had been to the Free Hospital, Gray's-inn-road—I noticed that the bedroom door was stained and recently scoured—next day she did her usual work, and rinsed some sheets as well—I said there was no necessity for that as the laundress would have done it—she said they were very much soiled, and she did not like sending them so—after speaking to two or three people, I said to her, "I feel less delicacy in asking you the question, because I find you have had one child previously, and therefore I know you must have miscarried, or had a child"—she denied it, but afterwards told me she was at Chalk Farm Gardens on 10th of September, and met a person she never saw before or since, and went with him to a house in Seymour-street, and he was the father of the child; and she had thrown it down the water-closet—she afterwards said she had thrown k into the Regent's Canal.
ELIZABETH BAKER I live at Winchester-place, Kentish Town, and have the care of a child of the prisoner's—she lodged with me three weeks before going to Mrs. Scott's—she told me she was dropsical, but I did not notice her person—on the Friday after this happened on Sunday, she came to me, crying; I asked what was the matter—she said she was dying—I asked what was the matter—she said she had had a child—I said,"What have you done with it"—she said she throwed it into the Regent's Canal.
GUILTY Aged 28.— Confined One Month.
1070. EDWARD PRICE and JAMES TROTMAN , stealing 1 cash-box, value 1s., two 5l.-notes, 17 sovereigns, 9l. in silver, 1 watch, 1 pin, and other articles, value 46s.; the property of Martha Fife, in her dwelling-house.
MR. CLARKSON conducted the Prosecution.
MARTHA FIFE I am a widow, and keep the. Princess Victoria, Earl street, Kensington. On 26th March, about half-past eleven o'clock at night, I took two 5l.-notes, and other money, 37l. altogether, from my till, and put it into a cash-box, which I put in a desk, in my bar-parlour—the desk was open, there were some bags in it—the box had in it a gold pin, a metal watch, and some papers—the house was all shut, except the front-door—about a quarter before twelve, the prisoners came out and stood in front of the bar, while I went to clear the tap-room—I was away five or ten minutes, and left them there; I returned, and they were gone—I cleared the house, and then missed the box; this box and memorandum are the same, and are mine.
Cross-examined by MR. BALLANTIRNE Q. Had you known the prisoners before? A. Yes; they were there all that day; they live close by me—I dare say there were a dozen persons in the tap-room—Cosier has been to my house two or three times since he found the box, the last time was last week—I do not know what he came for; he did not talk about the evidence I was to give—I had fastened the other door at eleven o'clock—I was not drinking in the tap-room that evening; I never did so—I did not treat any one—Eastland comes sometimes for a drop of beer—he was last there last week; it was not with Cosier he had some beer, I did not treat him to it—Cosier had half-a-pint.
WILLIAM FIFE The last witness is my mother—these two 5l.-notes are hers—I saw the cash-box safe at eleven o'clock—there was a disturbance in the tap-room—I went in, my mother followed me (the front-door only was open), leaving the prisoners in front of the door—when I returned they were gone—they could have come in without being seen.
JAMBS SHIELDS On 26th March, about half-past eleven o'clock, I was standing at the corner of Kensington-buildings, twenty or thirty yards from Mrs. Fife's, and saw Price come down from the top of Earl-street, and run towards the buildings—he met somebody there, who I believe was Trotman, and in five or ten minutes he came up the buildings, towards his father's house, in Earl-street—it was dark; I could not see if he had anything.
Cross-examined. Q. Did he pass the public-house? A. No; I am sure it was not twelve o'clock.
ELIJAH WRIGHT I am twelve years old, and live with my father and mother, at 2, Kensington-buildings, Trotman lives at No. 7. On the day after the robbery, about half-past two o'clock, I found a bag of coppers on the steps of No. 1.; I took it to Mrs. Fife's, as I saw her name on it.
JOHN COSIER (policeman, P 222). On 26th March, about a quarter-past twelve o'clock at night, I was at St. Mary Abbott-terrace Mews—Price walked past me looking on the ground—I knew him before, and followed him—he ran up Harrison-street to the Holland-road, another constable was coming up, and he turned back and got over a fence—I lost him; he was dressed as he is now, with a plaid cap.
Cross-examined. Q. How far was this from Mrs. Fife's? A. About a quarter of a mile; I have not been there for three weeks—I then had a pint of beer and paid for it.
WILLIAM CROW I keep a public-house in King-street, Hammersmith. On 26th March, between half-past twelve and one o'clock at night, Price came into the parlour rather hurriedly, and called for some brandy and ginger beer—while he was drinking it, some one came in who he called his ostler, and then two more came in who were friends of the other one—I wanted to keep them out, but they pushed in, Price did not seem to know them, but he treated them all—he said he had driven rapidly over from Arlington-corner,
in a horse and gig, which he had left at the Nag's Head, the next house but one to mine—he offered to treat me—there was a row in the taproom—I went to stop it, and on my return there was a row in the parlour, between Price and a friend of mine, who Price challenged with having attempted to take his watch—he did not stay more than ten minutes—I looked out for the horse and gig at the Nag's Head; it was not there.
Cross-examined. Q. What time do you close? A. Not at all; mine is a night-house—Earl-street is about a mile and three-quarters from my house.
LUKE SPARKS (policeman, T 67). On 27th March, between eight and nine in the morning, I took the prisoners at the top of Earl-street. EDMUND CHARLES TISDALL. I am a cow-keeper, of George-place, Kensington. On 30th March, about eleven in the morning, I got on one of my sheds to repair some tiles which had been knocked off by some one scrambling over them—I found this cash-box in the gutter, and gave it to Eastland—Kensington-buildings run up to my shed.
THOMAS EASTLAND (policeman, T 17). On 30th March I received this cash-box from Tisdall (produced)—it contains two 5l.-notes, a gold pin, sixteen penny pieces, a sixpence, and some papers—next day I went to Trotman's house, and at the back of it found fresh marks on the wall, as if some one bad been scrambling up—Tisdall showed me where the box was found—it was about ten or twelve yards from there.
Cross-examined. Q. What does the opposite side of the shed abut on? A. On private property—I did not think there was any necessity to examine the walls there—the wall is seven or eight feet high—a person could not reach to put the box up there—I have been to Mrs. Fife's three or four times—the last time was Friday or Saturday—I do not recollect drinking there.
JAMES ABRAHAM SMITH I am a lighterman. On Sunday, 1st April, I took the prisoner as a weekly servant—next day I gave him an order for some sacks on Messrs. Lang and Shang, and gave him half a crown to get them rowed on board a barge, and I was to meet him there at three o'clock in the morning—I went, and waited till twelve—the sacks were not there, and he never came.
Prisoner, You gave me the money to keep; you were to feed me, but you gave me nothing from nine till four but a basin of soup, which I could not eat. Witness, I did not give it you to keep—I said 1s. would be enough, but thought you had better have the half-crown.
FREDERICK HALL I am a lighterman. On the night of 2d April I went to a public-house opposite the Victoria Theatre, and saw the prisoner—I asked him where his barge was—he said he had not got one—I said, "Are not you at work for Mr. Smith"—he said, "Yes," and Mr. Smith had sent him for some sacks—he showed me the order, and I directed him to the place, but he said he was not going that night—I left him in the New-cut—next morning I went on board my barge, and found him in the cabin—I asked if he was not going for the sacks—he said he did not like to go, because he had spent the money—he gave me the key of the barge, and told me to give it to Mr. Smith—I did so.
EDWARD SCOTNEY (policeman). I took the prisoner, and told him the charge—he said Mr. Smith gave him the half-crown to buy himself victuals; that he had lost the order, and that was why he did not go back.
Prisoner's Defence. He gave me nothing to keep me, and I was at work all day.
GUILTY. Aged 23.—Recommended to mercy. — Confined Fourteen Days.
OLD COURT.—Tuesday, May 8th, 1849.
PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. CARDEN
Before Mr. Recorder, and the Second Jury.
GUILTY . Aged 34.— Confined One Year.
GUILTY . Aged 16.**†— Confined One Year.
GUILTY *† Aged 15.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
GUILTY .* Aged 13.— Confined Fourteen Days, Solitary, and Whipped.
GUILTY. Aged 16.— Judgment Respited.
GUILTY . Aged 34.— Confined One Year.
BENJAMIN RATCLIFF On Sunday evening, 22d April, I was passing along the high-road from Barnet to Hatfield, in South Mimms parish, with my brother—three navvies came up, the prisoner was one—they all three laid hold of our basket, and asked what we had got—we said, "What has that to do with you?"—they tried to get it, and said, "What you have got I mean to have"—I was knocked down by the prisoner, and my brother by one of the others—one of them kicked me on the head—while we were struggling a policeman came up—I gave one man in charge; he got away.
JOHN RATCLIFF I was with my brother. The prisoner and his comrades came on us—I was kneeling down to tie up the basket—they all three caught hold of it—I asked what they wanted—they said, "What you have got we will have"—the prisoner knocked my brother down; one of them knocked me down, and as I was getting up another one kicked me in the
mouth—a policeman came up and took one, but the policeman was knocked down, and the chap got away—I followed them, and heard one of them say that the first who came to them he would run him through.
JOHN M'CARTHY (policeman, S 145). I was on duty, heard a noise, went up, and saw the prisoner and two others walking on the road, and John Ratcliff behind, bleeding profusely from the mouth—he pointed out the man who had kicked him; I took him—the prisoner and the other man came between us, one dragged the prisoner, and the other dragged me away—one of them gave me a violent blow over the eye, I have got the wound now—on the Friday following I found the prisoner, and took him in charge.
Prisoner's Defence. I never struck him in my life.
GUILTY . Aged 26.— Transported for Ten Years ,
HENRY SLIM I am a milkman, and live in Raven-street—the prisoner was in my service from about five weeks before Christmas till 9th April. On 8th April I gave him 9s. 2 1/2 d. to pay Mr. Dexter for the milk that I sent him for that day—he went out and served the milk, and came home late and tipsy—he said he had been to a friend's at Islington—he went next day and fetched the milk all right, and went out with it, but did not return, and I saw no more of him till the Sunday he was taken.
JOHN LEECH (policeman, F 145). On Sunday, 15th April, from information I received I called the prisoner out of a coffee-shop in Drury-lane—the sergeant asked if he had taken any money from Mr. Slim—he said, "No"—we asked when he left Mr. Slim—he said, "Last Monday"—I found on him an old towel, a razor, a pair of scissors, and two halfpence.
Prisoner's Defence, I had some money owing to me from Mr. Smith, of Islington, and that was the way in which I expected to make up this money; I certainly did have the money from Mr. Slim to pay to Mr. Dexter, and I said I would pay it the following day; I went next day to Mr. Smith, but he not paying me so much money as I expected, I was not able to make up the money, and I was ashamed to go back.
DANIEL SMITH I am a gold lace manufacturer, and live at Islington. I was indebted to the prisoner 7l. or 8l.—he came to me on Friday or Saturday three weeks, and said if I would make him up a few shillings he would willingly give me an acquittance for the whole amount, as he was very much in want of money to go into the country—I think it was on the Saturday previous to my hearing of his apprehension—I paid him 3s., which was as much as I could afford—I heard that he called again on the Monday, wishing particularly to see me, but I was not at home—he had lent me 12l., six or seven years ago, when I was in great difficulties, and I have not been able to pay him—he had 800l. or 900l. some years ago, which he spent very foolishly among his companions, he was always ready to lend a helping hand to. any one in distress.
HENRY SLIM re-examined, I did not know the prisoner when he had his money, but I have heard that he had a considerable sum of money, which he squandered away—he was certainly once in a condition to have lent 12l. or 20l.—I employed him, as he was without friends or victuals—I do not wish to press the charge against him.
MESSRS. CLARKSON and COOPER conduced the Prosecution.
THOMAS LLOYD I am a constable. Mason was an overlooker in the tea department at Nicholson's wharf. On Saturday, 21st April, about two o'clock, I was on the wharf and saw Mason come out of the warehouse—I followed him into the Queen's Head public-house, which adjoins the premises—I went in and saw him there, sitting on the settle, close to Batishall—I staid there about five minutes and then left—I saw Mason come out and go into the warehouse—he came out again, and I asked him who the man was that I had seen in the parlour at Howard's (the Queen's Head) with him—he said that it was only a man that his brother Jem knew—I asked if he had any tea about him—he said, "No"—I felt in his apron and there found 3lbs. of tea in the pocket—I said he had better come and see Mr. Besley, one of the partners—he said that if I would let him go he would give me a sovereign; that he had a wife who was nearly dead, and a large family; that he would give me anything if I would let him go—I then sent for Mr. Besley and went to the Queen's Head and looked where the two prisoners had been sitting, and found a small quantity of tea on the settle, and a little on the ground where they had been sitting—I afterwards went after Batishall; I found him in Botolph-lane, with a bundle in his hand—I asked if he had any tea about him—he said, "No"—I examined the bundle and found that it contained 4 or 5lbs. of tea—about a quarter of an hour or twenty minutes elapsed between my seeing the prisoners together and finding the tea on Batishall—when I stopped Mason he was turning up the gateway to go into Thames-street, which would have brought him into Botolph-lane; it would not take him to the Queen's Head.
Cross-examined by MR. ROBINSON Q. I believe you went into the Queen's Head and had some ale with Mason? A. Yes; I was in there about five minutes—I often go in there—it is about twenty or thirty yards from where I first met Mason—I could see the public-house from where I stood—I saw him go in.
Cross-examined by MR. BALLANTINB Q. Are you quite accurate in saying that you asked Batishall if he had any tea about him? A. Yes, quite—I said, "Have you any tea about you?"—he had the handkerchief openly in his hand.
FREDERICK BESLEY I am in partnership with Mr. Nicholson and another. Mason was in our employ as an overlooker in the tea floor; a brother of his was also in our employ—in his absence, Mason would have to go to the public-house to get refreshment for the men—he would have no authority whatever to take tea out of the warehouse—he was there to prevent others from doing so—this tea was in bond—I found Mason with the officer on the staircase of the warehouse and saw this tea in the apron—Lloyd told me he had found it on him—I then gave him in charge—on our way to the station we met Batishall coming down Botolph-lane—Lloyd asked him if he had any tea about him—he said "No"—Lloyd took a bundle from him which contained about 5lbs. of tea—I think it consisted of two or three different sorts—we have every kind of tea at our warehouse—(looking at the tea) this appears to be all of the same kind, but I am not a judge of tea myself.
Cross-examined by MR. ROBINSON Q. How long has Mason been in your service? A. About six years.
LEONARD WRIGHTSON I am superintendent of the tea department at Nicholson's-wharf. Mason had no authority to remove any tea from the warehouse—the tea produced seems all of one kind; it is called Oolong tea—we have a great deal of such tea in our warehouse.
Cross-examined by MR. BALLANTINE Q. Have you seen the tea that was found in Mason's apron? A. Yes; it is not the same kind as that found in Batishall's handkerchief.
THOMAS LLOYD I watched the prisoner from the Queen's Head to the warehouse—he had nothing in his apron then—he came out again in about ten minutes—I asked if he had any tea about him—he said, "No"—I felt his apron and found it contained something; it was this tea, which I produce—I told him he had better come and see Mr. Besley—he said he could not; he would give me a sovereign if I would let him go, he had a wife nearly dead and a large family," Indeed," he said, "I will give you anything if you will let me go; I will put it back where I took it from."
Cross-examined by MR. ROBINSON Q. Do you mean to swear he said he would put it back where he took it from? A. He said he would put it back—I cannot swear that be added," where I took it from"—he said, "I will put it back, and it shall never occur again"—it is my duty to feel the men to see whether they have any tea about them, but not the foremen.
LEONARD WRIOHTSON I am superintendent of the tea department. The prisoner was in charge of the warehouse where this tea was kept—I have examined the tea found on him—we have a great deal of that kind in the warehouse.
Cross-examined. Q. About how many persons are employed about the tea? A. Fifty or sixty.
(The prisoner received a good character.)
GUILTY. Aged 30.—Strongly recommended to mercy by the Jury. — Confined Six Months.
1083. GEORGE JEFFS and RICHARD HURD , breaking and entering the warehouse of John Tolliday, and stealing 46lbs. weight of lead, 301bs. weight of fat, and other articles, value 12s.; his property: and JAMES LEECH , feloniously receiving the same.
CHARLES PLASTER I am in the employ of John Tolliday, a marine store-dealer, of High-street, Kingsland; he occupies two floors; I had the care of them; I locked them up on the night of 29th March, and next morning found them still locked, but all the rat was spilled about, and a quantity gone—I missed 46lbs. of lead, and a copper saucepan, containing lead—I found a hole cut through a wooden partition, eighteen inches high, and nine wide—there was an empty house adjoining; persons could get from there through the hole into the warehouse—a candle had been taken from the shelf; I found it in the next house—Leech lives about 300 yards off; he is a marine store-dealer—I went and asked him if he had had anything offered at his shop of that kind—he said, "No"—I said, "If anything of that kind comes, stop it, for our place was broken open last night."
Cross-examined by MR. PAYNE. Q. Did not you ask him if anything had been brought that morning? A. Yes.
Frederick-place, Kingsland, and am in the. employ of a greengrocer, four doors from Leech's; I know him well. On 29th March, about nine o'clock "at night, I saw the prisoners and a boy named Pearce going into Leech's shop—Pearce had something on his shoulder, and Jeffs something in his arms, with a piece of rag over it—Hurd stood outside; Jeffs and Pearce went in—I asked Hurd what they had got—he said, "A lot of kitchen fat and lead"—I asked him if he was going to have half of it—he said, "Yes"—I asked where they got it from—he said he did not know—I looked through the window, and saw Leech behind the counter; there was a light in the shop; I saw Pearce turn some kitchen fat out of a bag into a scale—I went away, came back, and saw Leech bending some lead behind the counter, and saw him give Jeffs some silver and copper—Hurd stood with his back to the window—I told him Leech was giving them some money—he said, "How much?"—I said, "Silver and copper."
Cross-examined. Q. When did you first tell what you had seen? A. I told my aunt, when I went home—there was nothing in the shop to prevent my seeing—I spoke to Hurd because I thought they had been thieving—I used to go to school with them—I do not thieve myself—I told a policeman on Monday afternoon.
GEORGE LANGDON (policeman, N 265) On 30th March I went to Leech's, and told him Mr. Tolliday's warehouse had been broken into, and a quantity of fat, copper, and brass stolen, and asked if he had bought any last night—he said he would see; he got a book, and said he had bought 7lbs. of lead, and 3lbs. of copper—I asked of who—he said, "John Willett, 3, Orchard-street, Ball's-pond"—I asked if he could produce it—he said, "No," he had sold it—he said there was a saucepan—I said he must get it—he asked how long I would give him—I said, "Till the afternoon"—I went again, and he produced it—he gave me information, and I took Jeffs, but he was liberated—I received information from Duncan, and took Hurd and Jeffs—Hurd said, "I know what you want me for; it is for Tolliday's concern; we sold it in the Hampstead-road."
Cross-examined. Q. Did you ask Leech, when he gave you the name from the book, if he should know the boy again? A. Yes; he described him—I have tried to find Pearce—on the Saturday after the robbery Leech went to the station, and said Jeffs was not the boy he bought it of, and Jeffs was liberated—I afterwards told him Hurd and Jeffs were in custody, and he must appear against them next day—he did so, and produced the saucepan—he said the boy he bought it of was bigger than either of the prisoners; that neither of them were in his shop that night, and that he had bought some lead, but no fat—the Magistrate made him a prisoner; he was admitted to bail, and surrendered to-day.
Nurd's Defence. I was never near the house.
Jeffs's Defence. It is false; I was not near Leech's that night, I was at work.
MR. PAYNE called MARIA THOMPSON I am shopwoman to Mr. Leech. I recollect this saucepan being brought; it weighed 3lbs.; 3d. alb. was paid for it; that is a fair price—the prisoners were not present then; there were some lads outside—I paid for it, and went out and got change for half-a-sovereign—it was a boy aged about eighteen; I think I should know him again—Mr. Leech said, "Who sent you with this?"—he said, "My father"—the lead came in shortly after eight o'clock, and the copper afterwards—several small quantities of fat were bought in the course of the evening; I bought 1 1/2 lb. of
a female—the lead was mixed with other lead, and was told; it was very old—there is a board fixed in the window, which has been there these twelve months; it is impossible for a lad of Duncan's height to see over; I have tried, and cannot; it comes up two squares of the window, at a little distance from it—it is put there to prevent people from looking through, and things from falling down—the boy could not have seen me; he might have seen Mr. Leech; he could not see money put on the counter, or what was put into the scale; it is placed so that it cannot be seen—the shop-door was open; they could see in there.
JAMES JULLIEN I am a lamp-maker, of Hackney-road. On the night of 29th March, between seven and eight o'clock, I was at Mr. Leech's, repairing a lamp—I left about nine—I was sitting in the room adjoining the shop—a candle stood in the shop, behind a board, near the scale; it threw a light into the shop rather—a person roust be five or six feet high to see over the board in the window; there would be no difficulty in looking through the door—I did not notice whether it was wide open, or whether there is a window in it—a boy came in to sell some lead; he was taller than either of the prisoners—I have known Leech eighteen months, and never knew anything against his character—he had asked me to come, as the lamp was out of order.
(Hurd received a good character.)
NEW COURT—Tuesday, May 8th, 1849.
PRESENT—Sir WILLIAM MAGNAY, Bart. Ald.; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
GUILTY — Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
BRIDGET DRISCOLL I am the wife of Cornelius Driscoll, of John-street, Whitechapel. On Saturday night, 21st April, the prisoner came to my stall for a halfpennyworth of onions, and gave me half-a-crown—I gave her change, and put the half-crown into my pocket, wrapped in paper—I had no other—on the Monday evening I tried to pass it, and found it was bad—I afterwards gave it to Brown.
CHARLOTTE NOKES I am the wife of Samuel Nokes, a cheesemonger in Cambridge-road. On 21st April the prisoner came between nine and ten o'clock at night for a quarter of a pound of cheese—it came to 2 1l. 4 d.—she offered me a 5s.-piece—I found it was bad, and told her so—a policeman was near the door—I gave it to him, and he took the prisoner.
GUILTY . Aged 24.— Confined Six Months.
WILLIAM CAWTHORN I keep a butcher's, shop in Wheeler-street, Spital-fields. On 5th April, the prisoner and another woman came to my shop—they bought a breast of mutton, which came to 1s., 4 1/2 d.—the prisoner paid me with a crown-piece—I put it into the till—there was no other there—I gave her the change, and she went away—I afterwards found it was bad—I put it in a paper and kept it by itself till I gave it to the officer.
WILLIAM JACKSON I am in the service of Mr. Carr, a cheesemonger in Hackney-road. On 9th April the prisoner came for some pork and other things, which came to 9 1/2 d.—she gave me a half-crown, which I put into the till—there was no other there—my master came in about half-an-hour, took it out, and found it was bad—the officer came—I marked it, and gave it to him.
WILLIAM ROBERT KITSON I keep the Ship, in Hunt-street. On Sunday evening, 15th April, the prisoner came for a pint of half-and-half—she gave me a 5s.-piece—I gave her change—she went out in a hurried manner, which excited my suspicion—I looked at the 5s.-piece which I had put on a shelf, and saw it was bad—I went after the prisoner, but she was gone—I saw her again at Worship-street with four other women—I picked her out immediately—I gave the crown-piece to Mr. Alderman, the gaoler.
GUILTY .* Aged 34.— Confined Nine Months
JOHN KING I am a market-gardener. I was selling onions in Covent-garden market on 1st April—the prisoner came and bought a bag of onions—they came to 2s. 3d.—he gave me a half-crown—I saw it was bad, called the policeman, and gave it to him—he took the prisoner, but it was a busy day, and I did not go to the station.
WILLIAM BROWN I was in Covent-garden Market on 17th April. Between eight and nine o'clock in the morning, the prisoner bought half-a-dozen of rhubarb of me—it came to half-a-crown—he gave me half-a-crown, which I put into my pocket with some other silver—in about twenty minutes he came I again for half-a-dozen more, and gave me another half-crown—I noticed it was bad—I sent a boy for a policeman—I marked the half-crown, and gave it and the other to him.
ROBERT SLATER I am in the service of Mr. Simons, a butcher, of Alpha-road, Chelsea. On 31st March the prisoner came to me for half a pound of steak—he gave me a half-crown—I saw it was bad, and told him so; he produced a good one—Mr. Simons marked the bad one, and gave it to the officer, who took the prisoner.
HENRY BIDGOOD I am a trimming-warehouseman. The prisoner came on 1st April for a pair of India-rubber straps—he gave me a half-crown—I gave it to my young man—he gave it back to me bent nearly in two—I went to the shop-door, and asked the prisoner his address—he hesitated, but said, "16, St. Martin's-lane"—I sent for a policeman, and gave him the half-crown.
JOHN LATTER (policeman, C 202). I took the prisoner—I found on him a good half-crown—I received this half-crown from Mr. Bidgood—I went to 16, St. Martin's-lane—I could not learn anything of the prisoner.
GUILTY . Aged 26.— Confined Six Months ,
WILLIAM HILLS I am a corn-dealer, in Fetter-lane. On 3d April the prisoner came for half a pound of flour, which came to a penny—he gave me a bad sixpence—I bent it—he said he was not aware that it was bad, but he knew where he took it, and he would go and change it—I put it on a shelf—I kept it till Haydon had it—I kept the prisoner about ten minutes, till the officer came.
MICHAEL HAYDON (City-policeman, 21). I went to Mr. Hill's, and took the prisoner to the station—nothing was found on him, and he was allowed to go—I went to Mr. Hill's shop afterwards, and got this sixpence.
GEORGE MORRIS I keep the Coach and Horses. On 9th April the prisoner came for a glass of porter—he offered me a bad sixpence—I sent my son for a policeman, and gave him in charge—I gave the sixpence to Wallis.
GUILTY Aged 21.— Confined Six Month ,
GUILTY Aged 13.— Confined One Year ,
GUILTY . Aged 27.— Confined Two Years ,
GUILTY Aged 42.— Confined Four Months ,
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 15.— Confined Six Months.
Prisoner's Defence. The apron and shift are hers, but not the others.
GUILTY Aged 23.— Confined Six Months.
MARY ANN MATTHEWS I am the wife of Frederick Samuel Matthews, and live at Islington. About twenty minutes past one o'clock, on 30th April, I was on London-bridge—I had in my pocket a 5s.-piece, three shillings, a fourpenny-piece, and five halfpence—the policeman gave me some information—I put my hand into my pocket, and my money was gone.
WILLIAM BROWN I live in Essex-place, Hackney-road. I saw the two prisoners on London-bridge on 30th April, attempting the lady's pocket—she was looking over the bridge, hoisting a little boy up—they pushed up against her—Murphy took up her gown—Goddard was behind him, and he held out his coat with his hands in his pockets, and he took the money out of her pocket—I am sure I saw Goddard take something—I told the policeman.
JOHN JENKINS (City-policeman, 559). I received information from Brown—I saw the prisoners—Murphy took something from his pocket and handed it to Goddard—I crossed the bridge and took Murphy—I asked the woman to hold him while I ran after Goddard—I found on him a 5s.-piece, three shilings, a 4d.-piece, and some coppers—there was 6 1/2 d. short of what; the lady lost.
(Murphy received a good character).
MURPHY— GUILTY Aged 15.— Confined Six Days and Whipped.
GODDARD— GUILTY Aged 16.— Confined Three Months.
Both recommended to mercy by the Jury.
1098. THOMAS STOREY , stealing 9 printed books, and other articles, value 6s.; the goods of John Russell, Esq., commonly called Lord John Russell, his master; and CAROLINE BAKER feloniously receiving the same: to which
STOREY pleaded GUILTY
as a helper in his stables, and he had access to the house—some books and other articles were brought to me by the policeman, and I then missed them—I know this book—it belongs to the daughter of Lord John Russell, and was in his care—I believe this other book belongs to him, but I will not I swear to it—these two books I can swear belonged to him—this one has his I name in it—this cup exactly matches such as we have in use—if I had missed I it, I should conclude it was broken.
ANN STEER The two prisoners came to lodge in my house as man and wife on 17th Sept.—they afterwards went away and left the room locked—I hired a man to get in at the window and open the door—a China cup was found there and some books—Baker told me that Lord Russell's butler sent them to her as a present—there were many other things brought in and out—she said that Lord John Russell's butler gave the books to her husband as waste I paper, and she should pledge them.
Baker. Q. Did you ever see anything amiss in me? A. You pawned everything that he brought home, and you said you would split his head in two if he did not bring you more.
JOSEPH WILLIAM BROOKES I am a pawnbroker. I have a fork and two books pawned on 1st Aug. by a woman for 2s., in the name of Ann Jones, and on 11th Sept. two books for 1s. by a female—this is the fellow duplicate to mine, but these books are not what the witness can identify.
Baker. No, I paid the interest on 1st April. Witness. I took them in on 2d April—she paid the interest and repledged them.
Storey. I pawned them myself two years ago.
BAKER— NOT GUILTY
ELIZABETH PALMER I am single. I lodged at 17, Simon's-street, Chelsea, in Sept.—I left my clothes in the room and went to the hospital—I know the prisoner—I did not authorize her to take away my things—these are my property—they were pawned on 11th Oct.—I was in the hospital in Sept. and Oct.—there was 7s. in my box besides these things.
Prisoner. Q. Have you the bills that I sent you in of 1l. 1s. 3d.? A. I never saw any bills—I did not send for you to the hospital—you came to me once—you went to my box and brought me a clean bedgown—I did not authorize you to pawn my things—I went to your place, and you said you had fetched the clothes from my place, for you had heard a very bad account of the people, and had pawned them—I did not repeatedly ask you to get them, and say I would pay you what I owed you—I did not owe you anything—I was with you five days, and you turned me out.
MARY BAILEY I live in Simon-street—Palmer lodged with me—she went to the hospital—the prisoner came and told me she was very bad, and she had come for her box—I said, "It is very strange, when she asked me to let her things remain here, that she should send you for them"—she said,
" She did, and please God she gets better I shall make a home for her, and keep her till she is able to get to service"—I helped her up-stairs with the box, and bid her good night, and shut the street-door—she told me she had been sent for the things by Palmer.
Prisoner. You know Mrs. M'Cullen was the person that she lodged with; I she never lodged with you; you were drunk that night; I never received the box from you. Witness, You had the box of me—I have been a tetotaller these five years—I believe, from what I have heard from different people, that you are a bad ill-disposed woman.
Prisoner, She made me a present of that mug. Witness, I did not
Prisoner's Defence, She came to me destitute; I took her in, and sent her a bill for her lodging, including some washing; she sent for me to go to the hospital with her; I did, and she said she would lend me some things to pawn to pay me; she was not taken into the hospital that day, and I took her to my place; she lodged with me, and she told me I might spend a half-crown that she had, and she said I might get 5s., on the shawl, and 1s. 6d. on the dress; she staid with me a fortnight, and ate and drank at my table; I stinted myself to give her part of what I had; she never asked me for the duplicates; I have been reduced, in circumstances; I have a child, and if I get my liberty, I shall go home to my friends, who are respectable.
THOMAS STOREY (the prisoner). I had been out of town, and when I came home in the evening, we had not the means of getting a cup of tea—Palmer gave me the shawl to pawn, and she partook of the bread and butter and tea that I bought with the money—she had left the mug at 33, Exeter-street, and I believe she gave it to Baker—I took her in a bill for lodging and washing.
1100. THOMAS STOREY was again indicted for stealing 10 printed books, 2 tumblers, and other articles, value 5s., 6d.; the goods of John Russell, Esq., commonly called Lord John Russell; and CAROLINE BAKER , feloniously receiving the same: to which STOREY pleaded
GUILTY—Recommended to mercy, — Confined Six Months ,
last three years—I believe she pawned them, but I cannot swear it; these are the duplicates.
CHARLES CHINN (policeman, A 255). I took Baker—I found two duplicates on her, and one on the mantel piece—two of them relate to the glasses I and the cloths—the cloths have Lord John Russell's mark on them.
Baker. Q. When you came to me, what did you find me doing? A. I found you at work.
Baker. I am quite innocent about these things; the cup and saucer Storey brought and made a present to me; I had no idea that he got them in an improper way.
ANN'STEERS The prisoner lived with me as his wife—Baker told me! that Lord John Russell's butler sent her these things as presents—there were a great many things brought in and out.
Baker's Defence. The two cloths came with some meat from the house; I was not aware that they had been stolen.
Storey. I brought home some meat in them, and meant to take them back again. BAKER— GUILTY Aged 29.— Confined Eighteen Months.
MR. PARRT conducted the Prosecution.
JOHN GEORGE MASSIE I am in the employ of Learning and Co., of Manchester, Messrs. Brettle and Co., worsted-manufacturers, deal with us. On 21st Aug., I packed ten bales of worsted fox them, each contained twenty bundles of dark grey worsted, four-threads—I delivered them myself to the carman of the Grand Junction Canal Company—one of the bales was marked "760"—we use tickets for Messrs. Brettle's house—this is one of the packages which contained the dark grey; this ticket on it, "14 four-threads dark grey," is a mark we use for Brettle's house only—I cannot say that this bundle was packed in the bale 760—each of the bundles contained the same kind of worsted, and were each marked with the same ticket.
Cross-examined by MR. BALLANTINE Q. Is this a common or an extraordinary kind of worsted? A. Common; No. 760 was on the direction put on one of the bales; we go on with the Nos. to 1000, and then torn back—I cannot tell how many bales have been sent to Brettle's within the last twelve months, I should suppose several hundreds; we send to other persons, and we send Nos. if they require them, but we do not ticket them—I think we have no customers so large as Brettle's.
FREDERICK TATHAM I am clerk to the Grand Junction Canal Company, On 24th Aug. I received ten bales consigned to Brettle and Co., order from Learning and Co. of Manchester—I received orders from Brettle's to deliver eight of them, and the Nos. of them are entered in this book; 760 was one of the Nos., but that was not delivered; it ought to remain on our premises—I last saw that bale on 9th March when I took stock at the request
of Brettle and Company—I afterwards received an order for the bale No 760 on 23d April; this is the order; I looked and could not find the bale.
Cross-examined. Q. How many bales have you received for Brettle and Company, from Learning and Company since August? A. About 500 perhaps; the number is on a piece of paper, sewn on to the external part of the bale—those papers are sometimes rubbed off—on 9th March when I took stock, I found twenty bales, with the numbers rubbed off.
MR. PARRY Q. But No. 760 had its number on? A. Yes; the twenty without numbers were placed on one side—No. 760 could not have got among them—we had other bales belonging to Brettle and Co. besides the. ten bales—between 9th March and 24th April, I delivered about a dozen bales to Brettle—I am quite sure that No. 760 was not amongst them—I have an entry of each that was delivered—my man delivered them—I am delivery clerk—it is my duty to deliver all bales and enter them—I have an order for every delivery I make—I had an order for the delivery of No. 760, and could not find it.
JOSEPH STAMPER I am in the employ of Brettle and Co., 119, Wood-street. We purchased the ten bales from Learning and Co. in August—each of these bundles has a ticket to it—this is the same ticket that we have—I understand this ticket is specially used by Messrs. Learning for us—on 23d April, I sent for the bale No. 760—this order for it is my writing—I received an invoice of these goods from Learnings—the bales are numbered in this invoice—here is bale No. 760 amongst them—this article is worth 1s. 5d. a pound.
Cross-examined. Q. Do you sell it in the same state that it is now? A. Yes, with our own tickets on it—we sell from ten to twenty thousand bundles in a year, with our own private marks on them—twelve months ago, this article was not so valuable as it is now.,
HENRY WEBB (City-policeman, 258). On Thursday, 19th April, about half-past one o'clock in the afternoon, I was with Bradley in Paternoster-row—I saw the prisoner carrying a parcel on his shoulder, which contained four of these bundles—I stopped him, and asked what he had—he said worsted, and he was going to Mr. Lee's, No. 36, Newgate-street—I said I did not think it was all right—he said, "You can go with me"—we went with him—he went into Messrs. Lee's warehouse, and threw the parcel on the floor, and said "Now are you satisfied"—I said, "No we are not"—we saw Mr. Baker, and asked him if this man was his porter—he said he was—I said, "He has this parcel"—he said to the prisoner, "James, what have you here?"—he said, "Worsted"—he said he bought it of a man at the Oxford Arms, Warwick-lane—I opened the parcel, and it contained this worsted—the prisoner said he gave a shilling a pound for it—I asked him who the man was—he said a big Yorkshire man, he had never seen him before—I went to his lodging, and found five more bundles of it in the parlour cupboard, which was unlocked.
(The prisoner received a good character.)
GUILTY of receiving. — Confined Nine Months.
OLD COURT.—Wednesday, May 9th 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Juitice COLTMAN; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Mr. Justice Coltman and the Third Jury.
The prisoner was subsequently tried for the misdemeanor before Edward
Bullock, Esq., and ACQUITTED .
MR. HUDDLISTON conducted the Prosecution
GIOROI FRRMLIY . I am a corn-porter, at 7, Rose-court, Tower-street. 11 am a widower—the prisoner lived with me as housekeeper for about two years previous to 31st Aug. last—she slept with me during part of that time, but I did not consider her as a wife—she did not do so at the latter part of the time; she had a separate bed and a separate room—on 31st Aug., about eight o'clock in the evening, I was lying down in my room, and my son told me something, in consequence of which I went into my room, and missed a box, which contained the whole of my property, except a few shillings—I about two days before I had seen 38l. in gold and silver safe there, and also some silver table-spoons, tea-spoons, a pair of sugar-tongs, two silver watches, a silver caddy-spoon, and two silver salt-spoons—the prisoner might have I seen me occasionally go to that box, but I did not know that she knew money was there—on 2d Sept. I received information, and went with Barron, a policeman, to a house in Compass-court, Rosemary-lane, kept by Michael Murphy—we went to a room up-stairs, the door of which was locked—I burst it open, and found my box there—there was no one in the room—Barron took the box to the station, broke it open, and I found my plate there, but the money was all gone; it was chiefly sovereigns, half-sovereigns, and a little silver—I lost sight of the prisoner from 31st Aug, till 20th April, when she came and knocked at my door, and I gave her into custody—I had had handbills printed, offering a reward for her—she lived at my house, but was occasionally missing for a month now and then—I never allowed her to take any of my plate or money—I did not give them to her—she did not tell me she was going before she went.
Prisoner. I never was his housekeeper; when I first became acquainted with him he rented a room of me, and I had the house. Witness. Six years ago I did rent a room where she lived, 7, Castle-street, Whitechapcl, and that is how I became acquainted with her—she had nothing to do with the house in Rose-court; I had three rooms there, and she was my servant—I hired her a top room for her own private use, where she did her work as a tailoress—she kept what money she got by her own labour, and she boarded with me—there was an agreement that she was to have the room to herself, to do her own work, and to do what little I wanted—I was tried here on account of my children having pawned some stolen goods—I was acquitted—these watches were not part of the stolen property—the silver was old family plate, belonging to my mother.
prisoner took an attic there, in May, 1848—she said she was a married woman, and her name was Mrs. Morris—she afterwards introduced a Mr. J Morris to me, who paid me the rent; it was not Mr. Fernley—they lived together as man and wife till the room was broken open—Mr. Morris used to keep the key of the room.
PATRICK BARRON (policeman, H 51). On 2d Sept. I was on duty in Rosemary-lane—the prosecutor came to me, and I went with him to a house in Compass-court, and went up into an attic—the prosecutor broke open the door, and I saw the box, which I took to the station, and delivered to Inspector Harris.
HENRY HARRIS (police-inspector, H). Barron brought this box to me on 2d Sept.; it was broken open in my presence, and I found two silver watches, two silver table-spoons, five tea-spoons, two silver salt-spoons, a pair of sugar-tongs, a caddy-spoon, and two flat iron-stands.
HENRY OXFORD (City-policeman, 543). In April a little boy was sent to me to bring me to Mr. Fernley's house, and take the prisoner into custody—I told her she was charged with stealing a deal box, containing 38l. in money, and other property—she said she knew nothing at all about it.
Prisoner's Defence. The prosecutor gave me a box like that, and I took this one in mistake, and when I found it was not mine I never touched it, but left it in the room; we had been living together very uncomfortably for some time, and the night before I went away he ill-used me, and beat me very much, and I have not been well since; I spoke to the boy, and told him that I would not stop any longer.
ALFRED FERNLEY re-examined. She did not speak to me when she went away, nor tell me she was going—she had come home tipsy, and when my father came home from his work he gave me some things, and because he did not give her some first she smashed two plates—my father went up to He down—I went out into the court, and saw her come out with the box.
GUILTY of Stealing above 51., but not as a servant. — Confined Six Months.
MR. RYLAND conducted the Prosecution.
MICHAEL DONOGHUE On Sunday night, 29th April, between eleven and twelve o'clock, I was in the Blue Boar, in the Minories—the prisoner and a tipsy sailor came in; he was not so tipsy as the sailor—they had some half-and-half, which the sailor paid for from a bag, which was tied to his neck handkerchief, and then called for some gin and beer—the prisoner pulled the bag from the sailor's neck, and put it into his pocket—I said, "You must give that man his money again, or else you don't go out here"—he said he had not got it—I said, You have," and put my hand into his pocket, took it out, and threw it on the counter—it was opened; there was 4s. 4 1/2 d. in it—a little while afterwards the prisoner called me out, saying, "I want to speak to you"—he went to a watering-place; I went there too—I saw him fumbling with his pockets; I did not like it, and walked backwards—he followed me, put his left hand on my shoulder, and cut me under the chin with a sharp instrument—he aimed at my throat, but I put up my arm—I hallooed out that my throat was cut—I bled, and ran across the road, and fell—I was taken to the hospital.
Prisoner. When we went in, you said, "Here comes two drunken thieves,
we will have them to-night, I think they are flush of tin;" you pulled the bagfrom my mate's neck; I said you had better give him the money back or else I there will be a row; you said, "If you don't look sharp we will have yours"—you took 15s. from my pocket—we went out fighting and fell, and the heel of some one's boot cut your chin—you prodube the knife against me to make a case against me. Witness. It is false.
BARTHOLOMEW DOYLE I am a tailor of Rosemary-lane. I was outsidethe Blue Boar door—I did not go in—I saw a tipsy sailor go in—I heard Donoghue say the prisoner had stolen the sailor's money—he would not give it up—Donoghue struck him; he said he had not got it—Donoghue put his hand into the prisoner's pocket and pulled out a little bag, and held it up beforeeverybody—presently the prisoner and prosecutor came out and went to awatering-place—I heard the prisoner say, "Where is the little bag?"—I did not hear the answer—the prisoner put his hand to his trowsers, as I supposed, to take down the fall—Donoghue said, "Come along," as I understood to go in again; as he turned to go in, the prisoner drew a knife across Donoghue's throat—I saw the knife—he crossed to the other side of the way, shut up the knife, and chucked it away—I laid hold of him, and kept him till a policeman came.
Prisoner. You say you did not go into the house, but you were with Donoghue, and took a share in the drink, and helped him to hustle me about. Witness. I was not inside the door—I have drunk nothing for the last two years.
JONATHAN STONE I am a shoemaker of Vauxhall. I was in Rosemary-lane—I saw the prisoner apparently shutting up a knife—he threw it across the road; it struck fire on the pavement—I picked it up. DANIEL KEYMER I am landlord of the Blue Boar. I heard Donoghue accuse the prisoner of taking the sailor's money—a fight ensued—the prisoner got the worst of it, but said he would not give the money up—Donoghue said he should, or he would give him more of it; and if he did not he would take it out of his pocket—I advised him not, till a policeman came, but they were both in the heat of passion, and Donoghue took it out of his pocket and said, "Here it is," and laid it on the bar—shortly afterwards I heard a cry in the street that somebody was stabbed. WILLIAM HENRY HOLM AN I am house-surgeon at the London Hospital. I saw Donoghue; he had a cut under his chin an inch and a half long—I do not think it could have been done by the heel of a boot—it was a clean incised wound. FREDERICK WILLIAM BARBER (policeman). I produce a knife which was given me by a witness named Merley. Prisoner. That knife don't belong to me; I never had it. GUILTY Aged 26.— Confined Twelve Months.
ELLEN BENNETT I am the prisoner's wife. On 30th of April, I went to the Red Cross public-house, in Barbican, about five minutes to nine o'clock at night; I found the prisoner there and my landlady's daughter and her husband—he and I began to jaw one another—(we had been jawing for a couple of days off and on)—he had not been long from home—he would not give me any money, and I went there for the purpose of having a jaw with him—we jawed together about ten minutes—he then hit me with his left-hand,
and then struck me on the left side of the head with a knife which he had in his right-hand—we were both standing at the bar—I did not see how he got the knife—I bled—I was taken to a doctor's—I then came home and gave the prisoner in charge—I had not done anything to him before he stabbed me except jawing with him, and he offered me a pot of beer which I spilt—I aggravated him a little—he did not say anything to me at the time he struck me
Cross-examined by MR. SLEIGH Q. Had you been at that public-house before during that day? A. Yes; I had been in several public-houses with him in the course of the day, and was drinking with him—we had a quartern of rum in Barbican and some beer—I did not see the knife when I went into the public-house—we have been married two years.
GEORGE KELLY I am an engine-driver, and live at 18, Great Wild-street, Drury-lane. I was at the Red Cross, on 30th of April, and saw the prisoner and his wife there—a very few words passed between them—he turned round with his left hand partly open and gave her a blow—he then struck her with his right hand which was closed, on the left side of her head just over the fore-head; she immediately drooped her head—I ran up to her and saw blood pouring in streams from the wound—I took her to Mr. Mason, a surgeon.
Cross-examined. Q. Were you in the public-house when she came in? A. Yes: they might have been there half an hour before this occurred or hardly so much—they were talking together, and all of a moment he turned round and struck her.
JOSEPH WOOD MASON I am a surgeon, of Red Cross-street. Mrs. Bennett was brought to me—she had a punctured wound on the left temple which was bleeding very profusely—it had penetrated an inch and a half to the bone, and had divided the anterior branch of the temporal artery—a knife was produced before the Magistrate which might have inflicted the wound—It was a dangerous wound—if it had gone through the bone it would have caused death.
THOMAS FULLER (City-policeman, 152). I took the prisoner into custody on 30th April, about a quarter-past nine o'clock at night—he had been drinking—I told him I took him on suspicion of cutting bis wife's head—he said he had not done it; he had not got a knife—I took him to the station, and there found this knife in his right trowsers-pocket; it was shut, I opened it, and found blood on it, which is there now—I showed it to the surgeon before the Magistrate—I found six pieces of copper money in his trousers-pocket, five of which had blood upon them.
(The prisoner received a good character.)
GUILTY of an Assault. — Confined Four Months.
MR. RYLAND conducted the Prosecution,
WILLIAM SKERRY I am a watchmaker, at 9, Dartmouth-street, West-minster. On Saturday evening, 21st April, I was alone in my shop—you enter the shop from a door in the passage—about twenty minutes past eight o'clock, a man came into the shop and asked for a watch—I requested him to close the door, which he had left open; he did so—I thought he wanted a watch that had been left to be repaired, and asked him what name it was in—he said, "I want to purchase a watch"—I asked him what price, and he said he was not particular—I showed him two lever watches, and afterwards a third—I said I would recommend him either of the two, which would last
him his life—the other was more fit for a woman—I then took down two vertical watches which were cheaper—he had two of the watches in his hand to select one of them, as I supposed—the other lever watch he had drawn close under him—I had put the two vertical ones on one side—he kept hit head down close over a candle, and I kept saying to him, "Sir, you'll burn your hat; why do you not take off your hat"—I suppose he did that to keep his face out of view—a man then came to the door, and called out," Mr. Skerry, what do you charge for fitting a watch-glass?"—I was rather annoyed, as I was engaged selling a watch, and said, "Oh, 6d.; but it depends entirely what sort of a glass it is"—after looking through the glass-door several times, and looking round, he opened the door quite sufficient for a man to get through—the first man then snatched up the other watch, and away be bolted with the three—I got round the counter as fast as possible, but be closed the door on me and got off—I could not leave the shop, as I was alone—the servant came into the shop directly after, and I went down the street, saw a policeman, and told him—we did not find anybody that night—I gave him a description of the two men, and on Sunday went with him to the White Horse public-house, which is about 300 or 400 yards from my shop—there were about twelve or fourteen people in the room—I saw Chitty, pointed him out to the policeman, and he was taken into custody—he was in my shop about ten minutes—he never took his hat off—I had quite sufficient opportunity of seeing his features, and am perfectly confident he is the man—Jones was brought to me on the Tuesday by the officer—I knew him the moment he came to the door—I had not seen either of them before—I had as good a sight of the second man as of the first—the door is not more than two yards from the counter—the gas is close to the door, and throws a light opon the features of every one that comes there, and there is gas in the shop—I am as confident about Jones as I am of Chitty—the three watches were worth 18l.—the shop is part of my dwelling-house, and is in the parish of St. Margaret, Westminster.
Cross-examined by MR. METCALFE Q. You went in search of the prisoners that night? A. Yes; to all the resorts of thieves—Chitty was ten minutes in the shop—I had not an opportunity of examining his features while he was holding his head down over the counter—the description I gave of him was, that he was a young man, about twenty-six, and about five feet six or seven inches high, dressed in a black coat and waistcoat and black handkerchief, and a very good hat on—I did not describe the coat, I did not know whether it was a frock or dress coat—I did not describe his features. COURT Q. When was it you had an opportunity of observing him? A. When he first came in, before I gave him the watches, as I am always very particular before I deliver a watch.
MARK LOOMS (policeman, B 11). Mr. Skerry gate me information of the robbery on the night of 21st, and described the men to me—on the Sunday evening I saw Chitty in Orchard-street, and by the description suspected he was one of the men—I went to Mr. Skerry, and we went together to the White Horse, which is about three hundred yards from Mr. Skerry's—(I had seen both the prisoners there on the evening of the robbery, about half-past seven o'clock, and left them there with several others, and about half-past nine that same evening I went there again with Mr. Skerry to see if he could select the party, and the prisoners were not there then)—there were twelve or sixteen people in the tap-room, and I asked Mr. Skerry to look round—he pointed to Chitty, and said, "That is the man that took my watches"—I took him to the station—I told him he was charged, with another man, with
stealing three watches on the previous night from Mr. Skerry—he said he had not been out of the White Horse all the evening—on Tuesday, 24th, I took Jones in the same house by the description I had received from the prosecutor, from seeing him with Chitty on the night of the robbery, and knowing they were companions—I asked him if he would accompany me to Mr. Skerry's, in Dartmouth-street, on suspicion of stealing three watches with Chitty—he said, "Yes," and went quietly—Mr. Skerry said, "Yes, that is the man that opened the door and asked me the price of a watch-glass"—Jones said, "You must be mistaken, for I was in the White Horse public-house all the evening."
Cross-examined by MR. METCALFE Q. Had Chitty a great-coat on when you found him on the Sunday? A. Yes; I made him take it off—Mr. Skerry said he should like to see him with it off, and under it he had a black frock-coat, the same as when he came into the shop—Mr. Skerry then said he was the man that took the watches; he did not say, "Now I am positive that is the man"—he said he was the man before he had the coat off, but he was more satisfied afterwards—I know it was half-past nine o'clock that I went to the White Horse on the Saturday, because it was just after the night-relief came on duty—I am in the habit of going to the house nearly every night—at half-past seven Chitty was putting a poultice on his neck.
Cross-examined by MR. PAYNE Q. Did you see Jones at the public-house when you took Chitty on the Sunday? A. No; he was not there—I have known him some time, and must have seen him if he had been there—he had a cap on, and the same coat as he has now—Mr. Skerry said he should like to see him with a hat on, and a hat of Mr. Skerry's was put on him; I think it was too large for him; it went rather down the back of his head—he did not say he should know him better with a hat on—I did not hear Jones say that he was not near the shop on the Saturday night; I will not swear Jie did not say so; he said he was not out of the White Horse—I only staid in the tap-room three or four minutes on the Saturday.
MR. RYLAND Q. Were you before Mr. Burrell, the Magistrate, when the prisoners made any statement? A. I was—they were asked if they wished to say anything, and were cautioned that what they said would be taken down, and might be used as evidence against them on their trial—what they said was taken down and read over to them, and signed by Mr. Burrell and themselves—this is Mr. Burrell's signature—(read—"The prisoner Chitty says: 'The gent, is mistaken in the person; I have been very ill; I went to the White Horse at half-past six o'clock on Saturday evening, as I do every evening, as I have got a bad neck, to put a poultice on, and the potman knows I never left the public-house. I was there when Mr. Skerry and the police came round, on Saturday night, and he did not identify me then. When they came in last night he said I was the man, and we stood in the passage ten minutes, while he was considering whether I was the man or not, and Loome said I must come to the station, and then I suppose the prosecutor was told to say I was the man. He said he could not tell whether the person had a bad neck or not,"—"The prisoner Jones says: 'I saw the gentleman and this officer come into the White Horse on the Saturday night, and on Sunday night when Chitty was taken; and I was here on Monday, the night Chitty was taken up. I was never out of the house on the Saturday night till twelve o'clock.")MR. METCALFE called the following witnesses:
that night—I know them by coming to the house—they were both there by iren seven o'clock, Jones came in first, and Chitty about five minutes after—Chitty went away about eleven, and Jones about twelve, when I shut up the use—I saw them a good deal daring the time between seven and eleven, or twelve—I was not called out for anything, except bringing a drop of beer or gin to the customers in the tap-room; I have nothing to do with the parlour they did not leave the room from seven to eleven—I saw Mr. Skerry and the policeman come in about eight, or half-past—the policeman said to Chitty, "I pity you; I do indeed, from my heart;" and I was in the act of spreading a poultice to put on his neck; that was when the policeman first came in—I saw the policeman and prosecutor about half an hour afterwards—Chitty was then sitting down; I had finished his neck—I am confident he was still in the room.
Cross-examined by MR. RYLAND. Q. When was it that Mr. Skerry and the policeman first came in? A. It might be about eight o'clock, or half-past—the policeman often Comes to the house; he generally looks round the room every night—the prosecutor first looked at me very hard, as much as to say I was the person, and at another witness also; he did not say I was the person—both the prisoners were there at eight—I believe Mr. Skerry heard the policeman say he pitied Chitty—he was in the tap-room at the time—they came again about nine, the prisoners were there then; they were quite plain to be seen; there were not above a dozen in the room; the policeman at have seen them—I have always gone by the name of Wilson; I swear that—I once went by the name of George Young; that is nearly five years ago—I had to answer to that name in Hicks's-hall, in 1841—I cannot positively swear to the time—I was at Westminster police-court in Jan, 1841, for stealing fowls—I had a month; that was in the name of George Young—in Aug., 1844, I was at Clerkenwell Sessions for being down an area and stealing some meat—I do not know what an area sneak is—I went to the House of Correction for three months for that—I have not been in trouble since—Wilson is my proper name—I took the name of Young that my parents should not know it.
COURT Q. When did you first see the policeman? A. About eight o'clock, or half-past—Mr. Skerry came in at the same time, and they both came in again about nine.
EDWARD COONEY I was at the White Hojse on Saturday, 21st April—I know the prisoners; they were there—I went there about six o'clock, Jones was there, and Chitty came in between that and seven—I remained there till eight, and then went out; the prisoners were there then—I came bapk in about a quarter of an hour or twenty minutes, the prisoners were there then, and they remained till I went away, at a quarter-past ten—I left Jones there, and Chitty went home about a quarter of an hour before me—I did not notice the time accurately; I had no watch.
Cross-examined. Q. When did Chitty go home? A. About ton o'cloek; I should say it was not later—I saw Loome come in between eight and half-past, with Mr. Skerry, when Chitty was having the poultice put on his neck—Mr. Skerry did not come when Loome came first; another officer, named Millerman, came with Loome at first, and then Mr. Skerry and Loome came about nine—the prisoners were both there then—I am a labouring man, but have not been able to work lately; I have been laid up for three, four, or six months with an asthma—my last place was as potman—sometimes I drive a team of horses, or sell fish about the streets—a sister assists me, and I get a
little relief from the parish—I am generally at the White Horse of an evening—I was once potman to Mr. Bryant, the landlord, and he lets me go there to pass the evening.
JOHN ARCHER I am a shoemaker. I went to the White Horse on Saturday evening, 21st April, a few minutes before eight o'clock, the prisoners were there then—Chitty was warming some water to foment his neck—Loome and Millerman came in, and Loome said, "I pity you, Chitty; I wonder you don't try and get into the hospital; that was at the time the potman was spreading the poultice on the table; I think it must have been half-past eight—I remained there till eleven, and left Jones there—Chitty left about ten—they never went out while I was there.
CHITTY— GUILTY Aged 23.
JONES— GUILTY Aged 24.
Transported for ten years
NEW COURT—Wednesday, May 9th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. MOON; Mr. Ald. CHALLIS; and Mr. COMMON SERJEANT
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY. Aged 29.—Recommended to mercy. — Confined Nine Months.
GUILTY .* Aged 17.— Transported for Seven Years.
1109. EDWARD NORTON , stealing 2 leather fronts, and other articles, vaue 20s.; the goods of John Hayes: also, 6 pairs of upperleathers, and other articles, value 9s.; the goods of Elizabeth Powell, his mistress; having been before convicted: to which he pleaded
GUILTY — Confined Eighteen Months.
1110. DANIEL PELLATT and EDWARD VINCENT , stealing 6 pairs of boots, value 30s.; also 17 pairs of boots, value 4l.; also 7s.; the goods and moneys of Thomas Vivian and another, their masters: to all which PELLATT pleaded GUILTY. Aged 15.—Recommended to mercy —Confined
Three Months. —VINCENT pleaded GUILTY . Aged 15.— Confined Nine Months.
ELLEN MURPHY I live in St. Sepulchre's. On 17th April I went out and left the prisoner in my room, when I came back I missed my apron off the table—I went in search of her, leaving my door locked, when I came back I found the staple cut off, and missed these four wash-leathers, three cups and saucers, a basin and mug (produced); they are mine.
Prisoner. She and I were drinking together for eight days; she took my gown and flannel-petticoat and every thing, to pawn—next morning I took
these things to get drink, and she partook of it. Witness. That is true; there I were plenty more there beside me.
Cross-examined by MR. BALLANTINE. Q. May he have lost it? A. When I asked him for it he said he had not received it; he has been with me twelve months, and was the best boy I ever had—I do not wish to hurt him; I think he has had quite sufficient punishment.
GUILTY . Aged 17.— Confined Six Days.
MR. SLEIGH conducted the Prosecution. DAVID FORSTTH I am clerk to John Foster and others, artificial flower—I makers, of Wigmore-street. The prisoner had been porter there some time—I it was part of his duty to dust the boxes—on 25th April, about eight o'clock I in the morning, I saw him meddle with the boxes on the counter—he went I out a short time afterwards—I found in his coat, which was lying on the I counter, these two bunches of artificial flowers; I sent for Mr. Duncan.
Cross-examined by MR. BALLANTINE Q. What became of the coat? A. I left it there; he has it on now.
CHARLES DUNCAN I am one of the partners of John Foster and Company. Porter called me—the prisoner returned shortly afterwards—I said to him, "Is it not too bad, after you have been away three days from your work, that the first thing you do, you should rob us ?"—he said, it was—I saw the flowers; I identified them.
GUILTY Aged 30.— Confined Six Months ,
Cross-examined by MR. SLEIOH Q. Has Mr. Penson many horses? A. Ten; he has had these reins perhaps ten or eleven weeks; I know them by cleaning them.
WILLIAM HOLMES I am a watchman. On 14th April, at a quarter-past ten o'clock at night, I found the prisoner under the platform, from which they load the goods, at the Castle and Falcon Yard, in Aldersgate-street—I sent for a policeman, when the prisoner saw him coming, he pulled the bridle out of his pocket, and threw it down; the reins were found round his body at the station.
RICHARD EBENEZER PENSON The prisoner had been in Mr. Penson's employ one week. On that Saturday night he went to the stable with me, and helped to take the horse out of the cart, and wash his legs—while I was rubbing
him down, the prisoner walked up and down—I stopped about ten minutes; he came out with me.(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
MR. CLARKSON conducted the Prosecution. THOMAS NINIAN I am in the service of Mr. Blockey, of the New Hum-mums Hotel; the prisoner used to bring lemonade and soda-water there. On 26th Feb. I paid him 8s. 6d.—he signed this receipt in my presence (produced). CHARLES HODGSON The prisoner was my carman. I had a customer named Blockey, and another named Thomas, at Hatchett's Hotel—this receipt in Mr. Thomas's book for 1l. 10s. 6d. is in the prisoner's writing—he never paid me that, or the 8s. 6d.
Cross-examined by MR. BALLANTINE Q. Has not he accounted to you for them? A. After he was found out, he sent me a list of what he had done, by my desire—there was not an agreement that I would not proceed against him—I did not give him a week to do it in, or any time—I knew of these sums before I received the list, and had called his attention to them, it was the rule for him to account every night—when he has been late he has accounted next morning—it has never gone on for five days—he received a commission on the bottles, which I paid him on Saturday night—he did not deduct it when he paid me money—I know a Mr. Groves, I have not applied to him for money—he asked me what the prisoner had defrauded me of—I said, "25l."—he said he could pay me 2l. which the prisoner had lent him—I did not offer the prisoner to take 10s. a week; he has offered it at the foot of this account—I kept 7s. 8d. commission which I owed him, after I found out this—he has been with me seven years—I had a seven years' character with him—(on the account was written, "Dear Sir, please to ask Groves to pay you the 2l. I lent him, and I will pay you 10s. a week until I have paid you if you will forgive me, for I own I have done wrong; but pray forgive me, and then it will be a lesson to me for the future Your humble servant, E. BARTON")
Cross-examined. Q. Was he to settle for the beer before the bottles were brought home? A. If paid for on delivery.(The prisoner received a good character).
GUILTY . Aged 29.— Confined Three Months.
DUNN pleaded GUILTY Aged 30— Confined Four Months.
JOHN MARSHALL (policeman). I took Thomas at 18, Wallis's-yard, and found in a box, this scarf, two pairs of stockings, and a towel, and in a cupboard two wine-glasses—I ascertained from the landlady that he occupied
the room—Dunn was then living at Mr. Murley's—I took her there—Thomas said she came there whenever she liked, and did as she liked.
Cross-examined by MR. O'BRIEN Q. Did you hear him say he did not know the things were in the box, and if he had, he should not have known they were hers? A. No; and I do not believe he did—I found the key in the box. NOT GUILTY
JAMES WRAY I live with my brother at 6, Lyon's-inn—the prisoner is my laundress, and was employed occasionally in the rooms—I missed some trowsers, a scarf, and some boots—these are them (produced)—they are mine.
Prisoner's Defence. My master owed me 18s.; I intended to get them back when be paid me.
GUILTY Aged 21.— Confined Six Months. (There were three other indictments against the prisoner).
MR. SNOW conducted the Prosecution. THOMAS COLLEY. I am a grocer, of Westminster; the prisoner was in my employ. On 11th April, at half-past two in the afternoon, I gave him a check, drawn by Mr. Watts, for 40l. 135. 1d., to take to the London and Westminster Bank as soon as he could, and bring me the money in sovereigns—I did not hear of him till the 26th, when I received this letter from him (produced)—it is in his writing, in pencil—I went to the bankers at four, and found it had been paid—(the letter being read, stated that two men, who had got change for a 5l.-note at the bankers when the prisoner was there, met him in the park by Spring-gardens, close to the cannon, and asked him for a piece of writing-paper, and on his unbuttoning his pocket seized him and took the money from him, and nearly strangled him; that he was afraid to return, and was almost driven to self-destruction).
JOSEPH ROBERT PALMER On 11th April I was sentry at the cannon in St. Jaraes's-park from two o'clock to four—I saw no struggle and heard no cries—it could not have happened without my seeing it—it is part of my duty to protect the cannon.
Prisoner. Q. Is there a sentry-box near the cannon? A. Yes. GUILTY . Aged 18.— Confined One Year.
1119. TIMONION ULASTO , stealing a variety of coins, value 661l. 19s.; the goods of the Trustees of the British Museum, in their dwelling-house: to which he pleaded GUILTY Aged 24.— Transported for Seven Years.
OLD COURT—Thursday, May 10th, 1849.
PRESENT—Mr. Baron ALDERSON; Mr. Justice COLTMAN; Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. GIBBS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury,
WILLIAM CLIMPSON (policeman, B 162). On 11th April, about a quarter-past nine o'clock at night, I was on duty in the Horseferry-road, Westminster, received information, and saw the prisoner in Medway-street take this pipe (produced) into a marine-store dealers—there was a person with him who escaped—I followed the prisoner into the shop, and saw the lead in a corner, and the prisoner crouched down in a corner behind a partition close to the lead—I asked what he was going to do with the pipe—he said he knew nothing of it—I took him into custody, and afterwards compared the pipe with some lead left on Mr. Broadwood's premises in the Horseferry-road—the nail-holes and everything fitted.
Cross-examined by MR. PAYNE Q. How far were you from the prisoner when he went into the store-dealers? A. About twenty yards—the other person turned into a little shed adjoining the shop, and there was a signal given at the time—the other person ran out of the shop before I got to the prisoner—I know it was the prisoner that I saw take the lead in—I know him well—I saw them both go into the shop.
ALEXANDER RUSSELL I am foreman to Mr. Thomas Broadwood; he has three partners; they are pianoforte-makers—I saw the lead compared with that left on the premises, it fitted exactly, and must have been a portion of that which had been removed—that portion of the building belongs to Thomas and James Broadwood only.
GUILTY Aged 18.— Confined Twelve Months ,
Before Mr. Baron Alderson.
MR. COOPER conducted the Prosecution. MATTHEW RAE I am a servant out of place, and live in Kennerton-street. On 28th April, about four o'clock in the morning, I was in Dean-street, Westminster, and met Seymour—she asked me to go home with her—I said, "No"—she said, "Yes, you must go home with me"—I said, "No, I will not"—she said, "Yes, you must" I said, "If I do go I can only give you sixpence"—she said, "Oh, never mind, that is plenty of money"—I accompanied her to a house in St. Ann-street—we went up-stairs to a bed-room, and she said, "You must give. me the money"—I gave her the sixpence—she called in the prisoner Taylor, and said I must give her some money to get some drink—I said I had already given what I promised her—I gave Seymour 2 1/2 d. more, and she then called in Bishop, and said, "Here
is a d----pretty go; this man will not give me any money"—Bishop said, "He be d----; he must give you money, and me too, before he leaves this house"—I said I had already given what I had promised, and I would give no more—he said if I did not I should not get out of the house, and through fear, I put my hand into my waistcoat-pocket and took out two sixpences—Seymour banded over the sixpence I had given her to Bishop, and catched the two sixpences out of my hand, and Bishop said, "I have g nothing to do with this woman; you must give me money"—I said I had no more money, I could give no more—I then laid my hands on the door to try to get out, and all three caught me by the throat—Seymour and Bishop said if I did not give them up my money, I should not get out alive—I did not hear Taylor use any threat—I then took sixpence, four penny pieces, and a halfpenny out of my pocket, and gave them to Bishop through fear of the threats—Bishop then said, "That be d----d, I must have more than that, that won't do for me"—I said, "I have got no more money, if I must give you more, I must give you my hat"—he said, "Your hat be b—, I must have your coat," meaning a great-coat I had on—there was a noise with some females on the stairs, and Bishop went out, leaving me with the females—I opened the door, and made my escape down into the street, passing Bishop on the top of the stairs—he was alone, and did not try to stop me—I found a policeman in Dean-street, and went back with him towards the house—at the corner of Dean-street we met the three prisoners, and I gave them in charge—they made a good deal of resistance, and Bishop got away—I am sure the three prisoners are the persons.
Cross-examined by MR. PAYNE. Q. Where is it you live in Kennerton-street? A. I sleep at a blacksmith's shop—I have my meals at Mr. Archer's beer-shop in the same street—I do not know that there is a beer-shop there kept by a Mr. Edwards—I have been out of place father more than a month—I last lived with Colonel Higginson for ten months—the situation did not suit me, and I left—before that I lived eighteen months with the Rev. Howel James, in Dorsetshire; that suited me very well—I left because he was making an alteration in his establishment—on this night I had been to Astley's Theatre, and had afterwards sat some time with a friend, a servant in place, in a coffee-shop near Astley's—I went there about twelve o'clock, and staid an hour or an hour and a half I think—after I left there I walked with him as far as Charing-cross, and then round Trafalgar-square for about a quarter of an hour, talking—he left me to go home a little after two; he lived at Charing-cross—I then went down Parliament-street, and walked through Dean-street, and came as far as Buckingham Palace through York-street—I wandered about there because I could not get into my lodgings; I thought I was locked out—I do not know what time it was I met the prisoner, I had no watch; it might have been four; I was walking about till then—I was not in the habit of walking about till that time—I have been out all night three or four nights since I have slept in Kinnerton-street—I have lived at Mr. Bacon's, in Humphrey's-yard more than a month—I lodged with him before I left my situation, when Colonel Higginson was in town—while I was there I did sometimes come home at three or four in the morning, and lie in bed till twelve in the day; and I have lain in bed later—sometimes I got up at seven—I was seldom home before twelve—I was doing nothing to get my living—I was in Colonel Higginson's employment a short time while I lodged there, and I continued to lodge there afterwards—I have not got a place since.
who made a statement to me, and I took the prisoners into custody—I searched Bishop, and found on him two sixpences, four penny pieces, and one halfpenny—on Taylor I found a. key, which opened the door of the house; and on Seymour I found a purse containing two shillings and three sixpences.,
Taylor's Defence, I never put my hand near the prosecutor.
Seymour's Defence He gave me sixpence; the room was not mine, I hired it, and asked him for the money, and he gave Bishop 10 1/2 d., who said that was not enough, 1s. was the price of the room.
BISHOP— GUILTY . Aged 18.— Transported for Ten Years.
TAYLOR— GUILTY . Aged 22.
SEYMOUR— GUILTY . Aged 22.
Confined Six Months
Before Mr. Justice Coltman.
1123. CHARLES M'CLARENS and WILLIAM MIDDLETON , stealing 3 bags and 400lbs. weight of sugar, value 9l.; the goods of John Riley, in a barge on the Thames: and JOHN DRADDY and ANN DRADDY , feloniously receiving the same.
MESSRS. KENEALEY and COLE conducted the Prosecution.
WILLIAM RILEY I am in the employment of John Riley, a licensed lighterman. I had charge of a barge called the Oak, lying at Nicholson's Wharf, with 104 bags of sugar in it, which I had loaded on Friday, 20th—I saw them all safe on the Tuesday evening at eight o'clock, and missed them at nine on Wednesday morning—I did not watch them all night—I left at eight, and returned at eleven—I did not see whether they were all then safe—I staid till three in the morning—nobody came during that time—I returned, and watched from five till eight, went to breakfast at eight, returned at nine, and then missed the three bags—they had "HE" branded on them.
Cross-examined by MR. WOLLETT Q. When did you first count them? A. On the Friday—I know they were all safe at eight o'clock on the Tuesday night, because I lifted up the tarpauling, and saw no disturbance—I did not count them, but I know how I stowed them—Nicholson's Wharf is about 200 or 300 yards below London-bridge.
Cross-examined by MR. PARNELL Q. When did you first know they were marked "HE?" A. When I took them in—43 were marked "HE," and 61 had another mark, I do not know what it was—the three bags were taken from the upper tier, off the larboard side—I am sure, from the state they were in, that there were none gone on the Tuesday night, or I should have missed them.
JOHN RILEY I am lighterman, and job for my uncle, John Riley, of Lower Thames-street. On Tuesday evening, 24th April, between nine and ten o'clock, I was on Nicholson's Wharf dummy, which is a pier projecting from the wharf, and saw M'Clarens and Midcjleton there—I first saw them shove away in a boat from Cox's Quay, which is the second wharf above Nicholson's, nearer the bridge—I watched them, and saw them drop alongside Mr. Riley's punt, the Oak, which was afloat off Nicholson's Wharf, and had sugar in it—they made fast their boat to the Oak, got out of it on to the Oak, and walked over her to another barge which was lying alongside of her—they got out of her into a French vessel, which was lying along the wharf, and stopped there several minutes, while the Thames police-galley was passing
along—I saw no more of them that night—next morning, on coming to Legal Quay, I saw my uncle, and, in consequence of what took place between us, we went to find Draddy's house out; it is in Rosemary-lane—I saw a cart coming down Rosemary-lane with three bags of sugar in it—I saw the bags that were left in the punt next day, and they were like those in the cart—after I left the cart I met the police and my uncle in the lane, went to Draddy's house, and saw him in the shop; it is a greengrocer's and chandler's—they sell everything, I believe—I said to Draddy, "I wish to speak to you"—he said, "Oh, it is all right, the police have been here"—I said, "Have they?"—he said, "You had better come again by-and-by, I can't talk to you now"—I then returned to a house in the lane, where my uncle and the police were—that was between one and two o'clock—I went again to Draddy between seven and eight in the evening, and asked him if I might step backwards—he said, "Stop a minute," and went and said something to his wife, which I could not hear—he then said, "Yes, you may step backwards"—I walked into the parlour, saw Mrs. Draddy sitting there, and I said to her, "You have had a curious start to-day"—she said, "Yes, I have indeed"—I said, "I hear the police have been here?"—she said, "Yes"—I said, "I came to let you know that the police had information"—she said, "Yes; but you were too late"—she said the police had been there and wanted to search the house, but she refused as they had not got a search-warrant; that one of the officers went into the cellar, but she did not mind that, because she knew there was nothing there—she said had they had a warrant she should not have known what to have done—I said, "Why, were the three bags here, then?"—she said, "Yes, they were all lying together," and her and her daughter had had a rare job to wash the sugar away down the sink-hole—I said, "What did you do with the rush part of the bags?"—she said she burnt them—I asked what she did with the under part (there is a matted part underneath)—she said her daughter carried them out of the shop underneath her shawl, and she should not have known what to have done if it had not been for a good tub of water that was in the yard—she said there was sugar in the bags, at least I said to her, "Did you have the three bags of sugar here when the officers came in?" and she saidr "Yes"—she said she bought the sugar—she did not say what she gave for it, but said it was a great loss to her to have to lose between 4l., and 5l., to have to wash it away in that manner down the sink-hole—she did not mention who she got the sugar from—I said, "Why did you buy so much sugar of them?" and she said she would not again—there was a cask of sugar in the shop, and I saw some on the table which she was pounding up with a hammer; it was moist sugar, but in little lumps—she said that it was all that remained out of the three bags—she asked me to have a drop of gin, which I had in a little water, and mixed up some of the sugar with it—I then went away and called the officers—I saw the lug-boat on the Friday that I had seen M'Clarcns and Middleton in on the Tuesday night—it was then lying at the Tunnel-pier—I knew it again; there is not another boat like it oh the river.
COURT Q. What became of the cart with the three bags in it? A. I followed it into Mark-lane, and finding from the description the man gave of them that they were not the bags, I went back again, I did not see what became of them.
Cross-examined by MR. BALLANTINE Q. When did you happen to be last on your uncle's barge before this sugar went away? A. I cannot tell—I was not there the day before it was stolen; I swear that—I will not be positive whether I was there on the Saturday—I was at the wharf some time in
the week; it is where I look out for my living—I do not know whether the barge was there all that week—I had not been in any barge belonging to my uncle that week—I mostly go to the wharf of an evening to see whether my uncle has got anything for me to do next day—I went down on this evening for that purpose, but I did not see him—I went to Billingsgate first—I expected to find him at Mr. Howard's; I went there—I think the first time was about half-past eight—it was between nine and ten that I saw the two men at the barge—I had been standing in the market between half-past eight and then; I do not know what for, to look about I suppose—I might justas well have seen my uncle there as anywhere else—I do not think he is here to-day—I cannot say that the Draddy's knew me before—I was never there before—I have seen them many times in Rosemary-lane, but had never been in the shop—I had never asked Mrs. Draddy to buy sugar of me—I never spoke to her on such an occasion—I never spoke to her on any occasion but this—she told me all I have stated, and made no concealment of any kind—I have never gone by any other name than Riley—I have never offered tea, coffee, or sugar, to either of the Draddys—I gave this information to the police to protect my uncle's property, and to punish the thieves—I have never been in any trouble; I swear that—I was never in custody, nor ever charged with any felony—I was not charged with having some stolen bottles of oil in my possession—I was never before a Magistrate or in prison in my life—I do not know Lambeth-street police-court—I was never in custody of a London Dock officer named Trotter or Trotman for stealing 8 1/2 lbs. of currants, nothing of the kind (looking at a man named Trotter)—I was never in his custody; it is only a spite against me.
Cross-examined by MR. COOPER. Q. What caused you to go to the dummy on this 24th April? A. To see if my uncle was there; sometimes he goes down when the men are there to see that they moor the craft properly—the prisoners were about twice the length of this Court from me when I first saw them in the boat—it was about two or three minutes after that that the police-galley passed—I could have made myself heard if I had called out—I saw no one there but the prisoners—I first mentioned this circumstance to my uncle next morning, between eleven and twelve, on the wharf—he came to me there—I knew where he lived—I was never stopped at Wapping-gate with any currants—I have been a lighterman about nine years—when I was a boy I was a paper-stainer—I have never been in the custody of the river-police, nor ever stopped by them.
Cross-examined by MR. WOOLLETT Q. How have you been getting your living? A. By my work as a lighterman on the river—I am not always in the employ of my uncle, but of anybody I can get a day's work for—I had been standing about a long time when I saw the men at the dummy, expecting to see my uncle—sometimes he does not come down till eleven o'clock—I think it was a very dark night.
Cross-examined by MR. PARNELL Q. How much sugar was there on the counter at Draddy's? A. I cannot say exactly; there might have been a pound or a pound and a half—when Mrs. Draddy spoke of not liking to lose 3l. or 4l. I said, "Why, of course you don't"—I said, "How stupid it must have been of you to buy three bags of sugar; I told you before not to buy of them"—I had never spoke to her before that night, but that was my observation to learn of her whether she had the property; I only said it to her, I had not really spoken to her before.
COURT Q. Then it was not true that you had told her so before? A. No; I had not seen her before the sugar was bought—I only made the observation; it might have been a question of mine out of the way, perhaps—it was a word out of its place.
MR. KENEALEY. Q. Was that the first time you had ever spoken to her? A. It was the first time on any occasion of the sort—I knew them by sight and by information which I had received several times about them—a relation of mine named John Riley was transported, about three years ago, for felony.
JURY. Q. Was Draddy by when you had this talk with his wife? A. He came in once or twice and checked his wife not to tell me so much—he was in the shop most of the time.
WILLIAM RILEY re-examined I did not see my cousin John Riley on the Tuesday night—the Oak was lying at the outside dummy—I left the barge at eight o'clock, and went and saw my uncle at Howard's, and got my orders—I was not in the barge at half-past nine—I left no one in the barge while I was away—I got my orders about nine, and then went and had my supper—I had to bring up another barge at three o'clock, and I returned again at five.
JOHN STOKES . I am a cab-driver. On Tuesday night, 24th April, I was on my stand in Ratcliff-highway, and about quarter-past eleven I was called by McClarens—I went with him, and he put three bags of sugar into the cab—I did not see the sugar, but the bags were such as sugar is put into—we see a great many in our neighbourhood—Middleton was with him when they were put in—I went from the stand down to the river-side, at the first stairs below the Tunnel, and it was there that the bags were put in—they brought them up the stairs on their backs—they then told me to drive to Chamber's-street—M'Clarens went inside with the bags and Middleton rode outside with me—I stopped at the top of a court in Chamber's-street, which leads into Rosemary-lane—one bag was taken out there, and carried down the court by M'Clarens and Middleton—they came back again in about a minute and a half, and we then went with the cab into Rosemary-lane, which runs parallel with Chamber's-street—I stopped there at the other end of the same court—Draddy's house is at the corner of the Rosemary-lane end of that court—I saw him standing at his door—he came towards the cab and said to the prisoners, "Wait a moment"—M'Clarens said to Middleton, "He be b—dt let us get them out while the wind is good," and they then took the other two bags down the court—I do not know whether they went into his house or not—there is a door that opens from the court into his house—I was paid my fare—I saw Middleton return to Draddy's shop-door; M'Clarens was standing there at the time—I went away and left them at the shop-door.
Cross-examined by MR. BALLANTINE Q. Did you always recollect Draddy's saying, "Wait a moment?" A. I did not the first time I went to the Mansion-house, but next day I stated it—no one had spoken to me about it in the interval.
Cross-examined by MR. WOOLLETT Q. Did you know M'Clarens? A. Not before that night—it was rather a dark night—the bags were about two feet square, I should think—they were ordinary-looking bags—I did not see Riley that night; I do not know him—I received 5s., as my fare—it would only have been a shilling without luggage.
Cross-examined by MR. PARRY Q. Did you know Middleton before? A. I did, years ago;
COURT Q. Are you sure he is the man? A. Yes; I was well acquainted with him, and have often talked with him—I saw M'Clarens once afterwards before he was in custody, but did not speak to him—it was a week after the 24th that I saw him in custody—I did not know Draddy before—I saw him in custody the Same day that I saw M'Clarens—I am sure he is the same man—I have not been to the shop since—I have been by it repeatedly—his name is up.
JOSEPH SHAYNE (Thames-policeman 40). On Wednesday afternoon, 25th of April, I went to Draddy's house in Rosemary-lane, with inspector Jones—some words passed between him and Draddy which I did not hear, but I heard Draddy say he would not let us search the house without a warrant—Jones asked if he would allow us to search the cellar; he said, "Yes; but nowhere else without a warrant"—after that we went away—I produce a sample of the sugar from the barge, and also some of the matting of the bags that were left.
WILLIAM THOMAS BRIDGES (Thames-police inspector) On Wednesday afternoon, 25th of April, I went to Draddy's house, between three and four o'clock—I measured the length of the court which leads from Chamber's-street into Rosemary-lane—it is about sixty or sixty-five yards—Draddy's shop-door is at the corner of the court, in Rosemary-lane—there are two other doors in the court leading to Draddy's house—three doors altogether—the first door in the court is about five yards from Rosemary-lane, and the second about the same distance; the front door is in the lane itself—I went into the shop and walked into the back-room where he was—I told him I wanted to speak to him, and walked up-stairs followed by him and his wife—I said to him, "Draddy, have you had any sugar offered to-day or last night?"—he said, "No"—I said, "Have you bought any?"—he said, "No, except a quarter of a cwt, I had of a Mr. Wood," and I think he said "yesterday"—his wife said, "It is not likely he would have bought any, for if he had he would not be as he now is (meaning that he was sober), for he would have bad a drop on the strength of it"—I then asked if he had any objection to allow me to search his house—his wife said, "Are you going to look for anything else besides sugar?"—I said, "No"—and she said, "You may look"—I then went over the upper part of the house, and on going down into the back parlour, where I had left inspector Jones, he said in their presence, "Why, they have been burning the sugar bags; see, here is some of it," and he produced a portion; I do not know where he took it from, he had it in his hand—I then looked in the grate, and found a portion of burnt sugar bags which I now produce, with some sugar still on it—I then went into a back wash-house adjoining that room, and I saw sugar spilled over the flooring, and the yard adjoining was very wet, as though it had been recently washed down—I then went into the room again and saw a large cask with about one and a half or two cwt. of sugar in it—it was dry sugar—I took a sample of it—there were three kinds of sugar in it, placed one on the top of the other—I asked Draddy if any of that sugar was what he had from Mr. Wood; he said, "No"—I then left—I went again between eight and nine the same night—I had had some information from the witness John Riley—I asked Draddy if he had any objection to show me the bill of parcels for the sugar he had had from Mr. Wood—he said, "No, certainly not," and he produced a bill of parcels—I then took another sample of sugar from the same cask, and near the cask I saw a brown paper bag containing sugar—I took a sample from that—I asked whether it was any portion of the sugar he had had from Mr. Wood—he said, "No"—I then asked where he had got the sugar from, and he said, "That is putting it too close"—his wife said, "We sometimes buy ten pounds of sugar or so of the labourers"—he told her to hold her tongue and not to say too much—I then went away—next day I went again, and told him I was not satisfied concerning the burnt sugar bags; that I must apprehend him for receiving three bags of sugar knowing them to be stolen—he said, "Where are they? ah! where are they?"—I afterwards went to Mr. Wood—I have been to the place with the witness Stokes; he showed me Draddy's house.
Cross-examined by MR. BALLANTINE. Q. At the time you paid these visits, had you been in communication with Riley? A. Not half an hour previous to my going—I had received information from him previous to my first visit—Draddy's is a chandler's shop—I did not bring the invoice away—there is no one here from Mr. Wood's.
Cross-examined by MR. PARNELL Q. As I understand you, Mrs. Draddy I was giving you some account of where they had bought some of this sugar? A. No, she was saying they sometimes bought ten pounds or so of sugar of the labourers, and her husband told her to hold her tongue—I think she did I not obey him; but I did not pay particular attention—there were two examinations at the Mansion-house before Mrs. Draddy was taken into custody—I saw her there at one of the examinations—I took her on 2d of May, and I she was discharged on 3d by Mr. Alderman Gibbs; I do not know why, I am no lawyer—she has been taken on this indictment since the Court hat been sitting—there were witnesses in attendance before Mr. Alderman Gibbs to prove that she was married to Draddy.
JAMES JONES (Thames police-inspector.) I went to Draddy's house on Wednesday afternoon, the 25th April, at half-past four o'clock—I saw Draddy and told him I wished to speak to him; that I was an inspector of police, and I had come to search his house for three bags of sugar which had been stolen the night previous—he said he had got no sugar there but what was his own—I asked him to allow me to search the cellar—he said that he did not know that he should—I asked him a second time, and he said, "You may go in the cellar"—I took Shayne with me, and a small boy with a light, but found nothing there—I then went into the back room—it smelt as if there had been afire—I found four pieces of mat bagging on the back part of the stove—two pieces are partly burnt, and a great quantity of water had been chucked on the fire, and the fire was nearly put out—there was water left behind on the hobs and under the grate—I put my fingers into the water and tasted it; it was quite sweet and sugary—I afterwards went into the yard, it had been well washed with water—I put my fingers into it close to the sink between the stones, and it tasted of sugar—I was with Bridges when Mrs. Draddy was taken on 2d May—Bridges told her he came to arrest her for being concerned in the sugar that had been brought to the house—she said she was not prepared to go; it was a hard case that she should suffer for what had been brought there.
Cross-examined by MR. PARNELL Q. How came you to go and take her? A. I was ordered to go by the superintendent—there was no warrant—the water on the hob was quite warm—the fire, smelt as if it bad been put out by water—the place in the yard where the water tasted sweet was close to the water-butt—I did not see any pump—it appeared to be water that had been chucked about the yard—a tub was emptied, which seemed to have had soapsuds in it, but the water I tasted was clean and cold.
RICHARD GARRARD KESTIN I am clerk to Mr. Taylor, a colonial broker, of Mincing-lane. At the latter end of April we sent 104 bags of sugar, by Riley's barge, consigned to Messrs. Andrews and Co., of Dublin—the sample of sugar produced, found in the bag, is of the same description as was contained in forty-three of the bags which were marked HE—the sugar is first put into a kind of canvas bag, then a matting over it—the pieces produced are the kind of thing—there are traces of burnt sugar on them—these bags come from the Mauritius.
Cross-examined by MR. COOPER Q. It comes with a good many articles, does it not? A. It always comes with sugar—I am principally concerned
with sugar—this kind of bag comes only from the Mauritius—there is plenty of this kind of sugar in London—a bag contains about 1 1/2 cwts.—it would sell for 40s. a hundred-weight.
ROBERT WAGOETT . Between eleven and twelve o'clock on Tuesday night I saw a lug-boat come down to King Edward Stairs, which are just below the Thames Tunnel—there was only one man in it—he jumped out and went ashore, and I saw no more of him—the boat was left there till the next day.
(Frederick Carey, messenger at the City of London Institution, Aldersgate-street, deposed to M'Claren's good character: and John Rogers, a grocer of North-street, Whitechapel; Benjamin White, corn-dealer, of Leman-street, Goodman's-fields; William Hart, grocer, of Royal Mint-street; and John Lynch, cheesemonger, of Royal Mint-street, to that of Draddy: but the two latter admitted bis having been imprisoned for three or four months for smuggling.)
M'CLARENS— GUILTY . Aged 21
MIDDLETON. GUILTY . Aged 20
Transported for Seven years.
JOHN DRADDY.— Aged 45. Transported for Ten Years.
ANN DRADDY. NOT GUILTY
NEW COURT.—Thursday, May 10th, 1849.
PRESENT—Sir WILLIAM MAGNAY, Bart. Ald.; Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. CARDEN.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 15.— Confined Seven Days and Whipped.
GUILTY . Aged 35.— Confined Three Months ,
GUILTY . Aged 28.— Confined Three Months.
EDWARD COOK I keep the King's Arms, in Wilke's-street, Spitalfields. I have a house in Hope-street—I had a water-cask in the yard there for the use of the tenants—the prisoner was charged by Whitebead, in my presence, with taking it; this is it (produced)
THOMAS WHITEHBAD On 17th April I was a tenant at Mr. Cook's, at 13, Hope-street. On that day I was going out, and saw the prisoner with the tub at the back-door—I saw him take it through the passage, out of the front-door into the street—he fell down with it—he then ran, I ran after him, and took him to the landlord.
GUILTY , Aged 21.— Confined Three Months and Whipped.
SAMUEL BERRY . I am a confectioner, and live in Windmill-street. The prisoner was in my employ for three years and a half, or rather longer—I missed some sugar; some has been brought to me by the officers—I found it precisely the same as the prisoner had been using for some time past—I have it here, and a sample from the bulk; I believe them to be the same.
WILLIAM POCOCK (police-sergeant, F 14). On 19th April, between six and seven o'clock in the evening, I went to 63, Wardour-street—after some time the prisoner came in—I called his attention to a bundle of sugar I had found in his cupboard, tied in a handkerchief—I asked him how he came by it—he said a young man gave it him—he refused to tell me who—he then said, "I brought it from my master's place, but it was the sweepings of the boards"—I took him to the station—I found two of his pockets had sugar in them, and they appeared to have been much used for carrying sugar away—I produce one of the pockets; it has a quantity of sugar in it. Prisoner's Defence The prosecutor never found a bit of sugar on me. GUILTY . Aged 24.— Confined One Month.
WILLIAM BROWN (policeman, T 172). I am an officer of Harefield—I went in search of the prisoner last Sunday—I found him at Watford—he had this neckerchief round his neck; it is claimed by Haywood, who is the prisoner's uncle.
WILLIAM HAYWOOD This is my neckerchief—I lost it from out of my house, between four and five o'clock last Saturday—I saw the prisoner at my house on Saturday. GUILTY Aged 17.— Confined Seven Days and Whipped.
MR. HUDDLBSTON conducted the Prosecution.
THOMAS COBLEY (policeman, U 65) On 14th Dec. I apprehended Thomas Arment the younger, he was then offering for sale some yellow damask, which I produce—I afterwards apprehended Thomas Arment the elder—I have here some crimson, and some crimson and maroon silk damask, which I got from Mr. Jackson, and some crimson and buff damask, which I received from Mr. Carter.
THOMAS RUSSELL I am town-traveller to John Watson and Co., Nos. 55 and 56, Holborn-hill. I purchased this crimson-silk damask from Keith and Co. on the 16th of Dec.—I sent it on approbation to Druce and Co., Regent-street—there were only two pieces of this particular sort, the other we have now.
WILLIAM WATKIN FRAY I am manager of the business of Messrs. Druce and Co., of Regent-street. This crimson-damask is the property of my employers; it was missed from our premises—Chester was in our employ.
Cross-examined by MR. CARTER. Q. What are your means of identifying
it? A. We received it on approbation from Watson of Holborn-hill—the marks have all been cut off it—I know it by the number.
HENRY SAMUEL CHESTER I am a prisoner in Millbank, under sentence of transportation—I was tried in January for stealing this damask—I entered the service of Messrs. Druce and Co. in Aug, last—I had before that been in the service of Messrs. Wilcoxon for two years—the prisoner was in their employ as carman—I had some transactions with him while I was in the employ of Wilcoxon about some horse-hair seating—I know this damask; it is the property of Messrs. Druce—I took it at different times from 200, Regent-street by the prisoner's 'persuasion—I first saw the prisoner about a week after I went to live at Messrs Druce's—I met him at the Blue Posts in King-street, Regent-street, which is kept by Wright—he had a van with him with the name of Wilcoxon on it—he asked how I liked my situation, and if I could get anything away—I said I would see—he did not say what he would do with it—an evening or two afterwards I went to his cousin's, for some physic, at No. 13, Gloucester-street—the prisoner was there, he asked me if I could get anything away, as he was in want of money—I said I would, and accordingly I took fifty yards of tarbaret to his lodging at 3, Bateman-row, Curtain-road—it was in a brown paper parcel—I delivered the parcel to Mrs. Inwards, the prisoner's landlady—I took afterwards two pieces of silk and worsted damask, tied up in canvass; I gave them to Mrs. Inwards—I got some money from the prisoner on account of the goods, and previous to that I had received 30s. of him—he knew the goods came from Regent-street—I told him I had brought down to his place two pieces of silk and worsted damask—this piece of crimson silk damask I took about the beginning of October—I took it to the prisoner's cousin at 13, Gloucester-street—I saw both the prisoner and his cousin there—the prisoner untied it, looked at it, and said it was very good—he asked his cousin to let it remain there till the morning, when he would take it away in the van; and with his cousin's permission, the prisoner put it under the bed till the morning—he gave me 1l.—his cousin asked me if I could get some carpet to cover his room—I told him I would see, as he had given me some physic, and let the silk remain—I took eleven yards of carpet and a hearth-rug, which I sent by the parcels delivery; but I had put Gilbert-street on it instead of Gloucester-street, and I went, and they had not received it—I went to the parcels delivery, and altered the direction, and it was sent—when I called there the prisoner was there—his cousin said it was too good; and the prisoner said, "Let it remain till the morning, and I will take it away in the van"—the prisoner rolled up the carpet, and put it under the bed—the next Sunday I saw the prisoner again, and we went to the elder Armeut's—we asked him if he had got any money for the goods—I did not hear what Arment said—I afterwards took some other carpet to the prisoner's cousin's, as the Brussels carpet would not do, and at the time I was there the prisoner came—he said the Brussels carpet was sold for 30s.—he said it was 10s. for me, 10s. for him, and 10s. for his cousin—I asked if he had any money for the crimson silk—he said no, but he would have shortly—I saw him afterwards at a public-house, and he paid me 3l. for it—I afterwards let him have this buff and the yellow silk—I put them in the back of the van; he came and took them.
Cross-examined. Q. How do you know that this is the yellow silk? A. it was the only piece we had—I had the care of these things—I am prepared to swear that this was the only piece there of this colour—my employers carried on a large business—there are several rooms—it is a general ware-house—it contains all kinds of goods—I had a slight knowledge of the
articles in the warehouse; but I knew this article, there was no other like it—I did not see any other—there might have been an article of this pattern without my seeing it—I heard the agents say there was no other, and to prove it, Mr. Fray took a piece off one of the chair seats, and proved it was the same colour and pattern—I pleaded guilty to this charge—I was in Wilcoxon's employ two years; I left it because there was another man worked with me whom they approved of better than me, because he was quicker at polishing—Wilcoxon did not lose anything while I was there, that they were aware of, but I took something away—I did not take at first from Druce's, because I did not know what to take—the prisoner asked me, and at the same time I wanted money; my wife was about to lie in—I was getting 1l. a week—I was in want of money at Wilcoxon's when my wife was about to lie in—1l. a week was not sufficient to get her over it—I left them in August, my wife laid in in September.
COURT Q. When did you first rob them? A. About the beginning of May—I continued that on six or seven different occasions—I do not know the amount—the prisoner never let me know the value of the property—it was horse-hair seating.
MR. CARTER Q. When did you take away this property from Wilcoxon's—I did not take it away, I put it in the prisoner's van, and he took it away to the elder Arment—the prisoner used to drive the van—I received about 10l. at various times, sometimes 1l., sometimes 10s.—I began in May—my wife was not confined till September, but I knew she was going to be confined—I told the prisoner I wanted some money; I thought he would lend me some—I had always seen him with plenty of money—he said, "Take something"—I said, "What?"—he said horse-hair seating was the best—this is the first time I have ever been in trouble, the first time I was found out—before I lived with Messrs. Wilcoxon's, I lived with Mr. Williams, a chairmaker—I never took anything away from him; I can bring my master to prove it—I was employed in chair-polishing—before that I had lived at a brew-house at Poplar with my brother—the carpet was intended for the prisoner's cousin, but the quality being too good, the prisoner and his cousin decided it should be sold, and the produce shared—the prisoner's cousin was aware it was stolen—he offered to come and take anything away that I could give him—I only went once to Arment—no person was there but the prisoner and his cousin and me—no one can speak to these matters except those who had a criminal knowledge of the transaction—on two occasions I took property to the prisoner's lodging—the person is here who will prove that she took it from me—I asked her to be so kind as to give it to the prisoner when he came home—I could not leave it with his wife, she was deranged—the prisoner was living with his wife—I did not tell the landlady what it was—it was about fifty yards of silk tabaret—no one saw what the parcel contained; it was folded up, sealed, and a string tied round it—I never took any more like that—I then took two pieces of silk and worsted, wrapped in canvas—I do not know on what day I first went, but it was about a week or a fortnight after I had been in the employ of Messrs. Druce—I went there in August—I took the second parcel about a week after I took the first—that was in canvas with string tied round it.
THOMAS ARMENT the younger. I am under sentence of transportation, and am at Millbank. I gave this crimson silk damask to Wall—I got it from the prisoner; I paid him 8l. for it—these other articles passed through my hands—I got them from the prisoner.
Cross-examined. Q. How do you know them? A. This crimson and
maroon was the first I had; it was sold at 1s. 4d. a yard—there is no mark on it—I know the pattern; I cut a slip of it off—I took this crimson to Mr. Rawlings—he offered me 1s. 3d. a yard for it—I should think it is worth 2s. 6d. a yard—I cut a piece off the end of it, if I had it here, it would match—when I went home with it, Wall gave me 1s. 4d. a yard for it, and sold it to Mr. Jackson—I am a music-stool maker, and in after-hours I used to go and sell these things—being in the cabinet way I know a little of the value of these things—I was not a seller of stolen goods, I never asked the question—I was doing it by way of earning a few shillings—I got as much as I could for it—I knew it came from Chester, but I knew there was a little connection between him and the prisoner—I do not know what time the man came with the goods; it was last year; it might have been in Oct., Sept., or Aug; I cannot say; it was not in Jan.; I was here in Jan.; it was about Oct.—this crimson and maroon I had in June, and this other one afterwards—I cannot speak to a day, or a week, or a month—I know the prisoner brought it me—I gave two of these pieces to Wall—I found where he sold them—I went, and sold one piece, and the other I was stopped with—I got half-a-crown out of this piece, and 10s. out of this other—I met Wall, and he took me to a shop, and had thirty-eight yards cut off, and either he cheated me of a yard, or Mr. Jackson did, there was only thirty-seven yards—I received 6l. 9s. 6d. for it, in a check from Mr. Jackson—Wail took sixteen yards—he told me he sold it at 3s. 6d. a yard, and he sold it at 5s.—this is the check I received—I know it because I wrote a false name on it, Arnold, instead of Arment.
JOHN KINO I am porter to Thomas Charles Druce, of 200, Regent-street. Previous to Oct. I saw the prisoner in company with Chester, at the Blue Posts, at the corner of King-street, kept by Wright—I saw a van stand outside, with the name of Wilcoxon on it—Chester ought to have been at his business at that time; his dinner time was over—I was sent to call him in.
JAMES VINSON I am porter to an ironmonger, in Great Marl borough-street; it is a receiving-house for the London Parcels Delivery Company. I remember a carpet being brought by Chester; it was in canvas, tied with string; it was directed to Mr. Fain, 13, Gilbert-street, Curtain-road—he came afterwards and altered the direction.
Cross-examined. Q. Did you ever see Chester before? A. No; he came on 10th Oct.—I was called to go and see the person that brought it—I saw him, and knew him—I picked him out of three or four others; it was a weighty parcel, tied with string—I take in a great many parcels; I happened to book that one.
ABRAHAM FAIN . I am a porter, in the employ of Fisher and Son. I live in Gloucester-street, Curtain-road—the prisoner is my first cousin—I know Chester—I remember his bringing the piece of crimson damask to my house—the prisoner took it away next morning—I cannot exactly say where it was put between the time of Chester bringing it and my cousin taking it away; it was in the room, I could not say whether it was under the bed or on a chair—Chester requested me to let it remain during the night—I remember some carpet being brought to me by the Parcels Delivery Company, Chester said he would make me a present of a carpet, and instead of that he sent me a carpet and a rug—I refused to accept it; it was too good for me, and my cousin took it away, by Chester's request, the next morning—I got a little-bit of drugget stuff instead of it, which was found on my premises by the officer—I remember going with my cousin and Chester one Sunday to Kingsland-road—I and Chester waited in Kingsland-road while my cousin
called on some friend, and he was not at home—the bit of drugget was all that I ever had.
Cross-examined. Q. How was the parcel of carpet directed that came by the Parcels Delivery Company? A. Chester opened it—I dare say it was addressed to me, but I never saw the direction—Chester told me he would make me a present of the carpet; my cousin had nothing to do with it—I was not exactly aware that it was stolen—I could not say whether he bought it or no—I had my doubt about the carpet and hearth-rug not being come by honestly, and therefore I would not have it; that was all that I saw at my place, beside the damask—I had got some medicine for Chester; that was the only reason I was a favourite of his—I had not received any money of him; I begged the medicine of my employer.
ANN INWARDS I am the wife of James Inwards; I live at 3, Bateman-row. The prisoner lodged with me six years, up to about Christmas, as near as I can tell—he did not give me notice when he was going—he went away on a Friday, and I did not see him again—I remember two parcels being brought by some one; I could not swear it was by Chester; I believe it was him—they were wrapped in brown paper—the same person brought the two parcels—I do not remember a parcel being brought in canvas—I took the parcels in-doors, and laid them in the chair till morning—I did not see the prisoner—I said, "There is a parcel for you," and he said, "All right."
Crosg-examined. Q. I suppose you had several parcels left with you? A. Not to my knowledge—I had been in the habit of managing the prisoner's concerns for him—his wife is insane—I found him an honest quiet man—the two parcels were brought to me both enclosed in brown paper; I never saw one in canvas; if there had been one in canvas I must have seen it—if a man has sworn he delivered a canvas parcel to me he swore what was false; I never received it.
MR. HUDDLESTON Q. The prisoner went away suddenly? A. Yes—I got his wife into the workhouse after he left—I did not take particular notice how the parcels were done up—as near as I can recollect this was between Michaelmas and Christmas.
(There were two other indictments against the prisoner, on which no evidence was offered.)
THIRD COURT—Thursday, May 10th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the First Jury.
GUILTY — Confined Six Months.
GUILTY . Aged 18.— Confined One Month
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 23.— Confined Four Months ,
GUILTY . Aged 19.— Confined Three Months.
FREDERICK HOPKINS I am a joiner, of Regent-street, Black wall. On Saturday night, 5th May, about half-past ten o'clock, I was waiting for an omnibus at Charing-cross; Adams came up to me, and asked where I was going—I went home with her—I had 12s. in my pocket, and a watch and a guard—I gave her 4s. at first, and 2d. to fetch some beer, which we drank together—I afterwards gave her 2s. more—Slater was there, and drank with us, and went down-stairs, and we then went to bed—I put ray watch in my hat on the table, and went to sleep—I awoke afterwards and found the two prisoners by my hat—I asked what they were doing, and jumped out of bed, they ran out of the room—I missed my watch and chain, and my money from my waistcoat pocket—I informed the police, and went with West next morning, found the prisoners in the same room, and gave them in charge-Adams said if I would not press it she would use her utmost means to get the watch; I said that would not do, and she laughed—I am positive of the prisoners.
WILLIAM WEST (police-sergeant, F 7) I went with Hopkins on Sunday, between eleven and twelve o'clock, to Barley-court, Drury-lane, and found the prisoners; he identified them, and gave them in charge—Adams said she knew it was done, but knew nothing about it; the room did not belong to her, but to some other girls.
ADAMS— GUILTY ** Aged 17.
SLATER— GUILTY . Aged 17.
Confined twelve Months
SARAH ANN CLAYTON . I am going on for ten years old. and live with my father and mother in Three Colt-court, Worship-street. My mother gave me the baby to take care of while she went over the water—I met the prisoner in Sun-street—she said, "Shall I take the baby a little while"—I let her take it, she ran away with it, and I ran after her to a house in Crown-court she told me to go up stairs; I did so, while she waited below—I felt my way down in the dark, and found her still there with the baby—I asked her for it—she did not give it me—a woman next door and two men came and took it from her—she had not hurt it at all.
Prisoner When I asked you to go up-stairs to Mrs. Gough, did not you give the baby into my arms? Witness Yes—you did not take any of its clothes off.
Sun street. I beard the girl crying, looked out of window, and asked what was the matter—she said, "That woman has got my baby"—I went down and saw the prisoner with the baby—with a great deal of trouble I got it from her; she was very resolute, and held it tight.
JOHNSON DOBELL (policeman, A 439). I heard a disturbance, and found the prisoner and several people, who said she had stolen a child—she said she only took it to nurse it—she had not got it then—she ran away—I went after her, and found her in a water-closet—she had had a drop to drink, but knew what she was about.
Prisoner's Defence, I had no intention of doing wrong, or I should have gone in the girl's absence—I have been married ten years, and have four children—I only sent her up to a woman who Mrs. Clayton knows. NOT GUILTY
WILLIAM SMITH I am in the service of George Bailey, he deals in bone-hair. I was in the shed yesterday, and saw the prisoner filling his pockets with horsehair—he did not know I was looking—he said he was going to get some dinner—he came back in about five minutes, and took some more—he then went to dinner, and I told the foreman; this is the horsehair(produced),
WILLIAM MEDHURST I am in Mr. Bailey's service. I watched the prisoner to a marine-store shop, in Bagnigge-wells-road—he had some horsehair in the scale, and was pulling some more out of his pocket—I stood at the door and stopped him—he shoved me, and said, "What do you want? let me go"—I said, "No;" he got out the back way—I went to the side-door, and gave him in charge; my brother took the horsehair.
OLD COURT.—Friday, May 11th 1849.
PRESENT—Mr. Baron ALDERSON; Mr. Justice COLTMAN; Mr. Ald. GIBBS; Mr. Ald. GARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Third Jury.
GUILTY . Aged 32.— Transported for Seven Years
MR. CAARTEEN conducted the Prosecution.
St. Luke's—it is my dwelling-house—I know the prisoner. On Wednesday evening, 18th April, he came to my place about half-past seven or eight, and remained till nine—I went with him to a public-house, as he asked me for some drink—I parted with him about half-past nine, and went home—I went out again soon after, leaving my wife and daughters at home, and returned about eleven—I did not miss anything that night, but next morning I missed a piece of gold and a brooch from my work-board in the shop—I gave information to the police—about eleven that night the prisoner's father came to me with the brooch; I refused to take it—I afterwards went with Turpin to the father's house, and he got the brooch.
Cross-examined by MR. PARRY Q. I believe you have known the prisoner for some years? A. Yes; he is a gilder—I saw the piece of gold safe when I went home at half-past nine—I had no job of his.
MARY ANN TAYLOR I am twelve years old, and am the prosecutor's daughter. On Wednesday night, 18th April, the prisoner came to our shop about ten o'clock—my father and mother were both out—he asked me if my father had left his job out—I said I did not know that my father had a job of his—I did not look about for any—he stood by the counter, close to the work-board, where the gold and brooch lay—he remained about five minutes—my back was turned to him at times—I said my mother would be in in about a quarter of an hour—he said he would call again, but he did not.
Cross-examined. Q. Did you see the piece of gold when he was there? A. Yes, I am sure of that—I did not miss it when he was gone—I staid up till my father came home—I was in the parlour—a man and his wife lodge in the house, they were in bed—my mother returned about ten minutes after the prisoner left, and was at home all the evening afterwards.
HENRY TURPIN (policeman, G 128). About half-past one on Thursday morning I went with the prosecutor to the prisoner's father's house, and got this brooch from him—I took the prisoner to the police-court next morning—in going along he said he only took the brooch.
DAVID HOLLOWAY (policeman, G 52). I was on duty in Kirby-street, Hatton-garden, on the Thursday morning. The prisoner came to me and laid he understood that I wanted him—I told him I did—he asked me what for—I said concerning a brooch from St. Luke's—he said he had taken the brooch, but he did not know anything about the gold, or anything else—he said he had taken it in mistake for a stone, or something he had left there.
(The prisoner received an excellent character). GUILTY Aged 21.—Strongly recommended to mercy by the Jury. — Confined Twelve Months.
Before Mr. Baron Alder son,
1142. GEORGE RIVERS , feloniously stabbing, cutting, and wounding Sarah Rivers on her left shoulder, breast, and arm, with intent to maim and disable her.—2d COUNT, with intent to do her grievous bodily harm. MR. CLARKSON conducted the Prosecution.
SARAH RIVERS I am the prisoner's wife, and live at 37, New Petter-street, Westminster—he is a bricklayer's labourer, but has been out of work thirteen weeks—I have been supporting him all that time by going out to work at laundry work. On Saturday night, 28th April, I came home about 9 o'clock, and went to bed about ten—I have two children, one is five years old, and the other two and a half—they slept by themselves in the same room—my husband had not come home when I went to bed—I fell asleep, and was
awoke about twenty minutes to twelve by my husband leaning over me with a knife, in the act of stabbing me—it was a white handled dinner-knife, very pointed at the edge—he stabbed me once after I awoke on the left shoulder—I was lying on my right side—I said to him, "For God's sake, Rivers, what are you doing?"—he made no answer; he was drunk—I received twelve different stabs; on the left breast, the right breast, and the shoulder—I did not awake till he gave me the last stab—I sleep very sound—I jumped out of bed—he dropped the knife on the pillow—I found that my night-linen was very bloody—I caught hold of him, and begged him to sit down, he would not—he asked me for a penny—I gave it him, and he said he would go and have half a pint of beer—he went out, and I then took the children up-stairs, and left them in the care of a lodger, fearing, as he was drunk, he would do more mischief—I bled a great deal—I was taken to the doctor's, and there fainted—I cannot say whether my husband was very tipsy; he was tipsy—I could not see whether he staggered about the room when I got up—he has been very unkind to me ever since he has been in prison last—that was for stealing a pair of boots—there was no one in the room when this happened but the children—I have been under the doctor's care ever since—this is the knife it was done with (produced)—it was bent as it is now when I found it.
Prisoner. Q. Did not I ask you afterwards to tell me all about what I had done? A. No—you never spoke till your master asked if I was going to speak to you—I went into the passage to you and said, "If you don't believe what you have done, you can prove it now"—you turned your back, and never spoke, but went out with your master—you said you thought a man was after you for breaking a window, and you would go away for a week or so.
MR. CLARKSON Q. You did not wish to press the charge against him I believe, but your brother wished you to? A. No—I did not—I was afraid to do so, because I thought I should be in more danger.
GEORGE BURTON PAYNE I am a surgeon, and have a place of business at Grey Coat-place, Westminster. On Saturday night, 28th April, shortly after twelve o'clock, Sarah Rivers was brought to me—she was insensible, and in a fainting condition—her dress was saturated with blood, and she was bleeding from several wounds—there was one very large wound, about five inches long and more than two inches deep on the upper part of the shoulder, the bone was exposed—whatever she had been struck with must have struck against the bone—there were ten or a dozen wounds round the same arm, and in the ribs and side of the body—they were not very severe wounds—such a knife as this produced would have caused such wounds, I should attribute the bending to its striking against the bone—it was not a wound that would affect life—there was also a slight wound, or rather scratch, across the right breast.
MARY HAWKINS I lived at Smith's-rents, in York-street, Westminster, and had been with Mrs. Rivers as servant since last November. On this Saturday night, between six and seven o'clock, I saw the prisoner go to the cupboard, take a sharpening stone out which was kept there, and sharpened this knife—I said, "Mr. Rivers, what are you sharpening that knife for?"—he said he might want it by and by for something.
RICHARD COUSENS (policeman, B 30.) On this Saturday night, a little after twelve o'clock, I was called by a lodger in the house—went and found the prisoner standing at the door—he was the worse for liquor, the woman declined giving him into custody, but asked me to stay to take care of her—I stayed about half an hour, or rather better—some vulgar language passed—he
was taken away by a man to have half a pint of beer—returned in about a quarter of an hour, and wanted to know what all we b—s were lurking about there for—he then passed me, went to the door, and said, the first b—that came to the door he would show them cold steel; and took out this other knife (produced)—I did not take him into custody that night, but I did afterwards, on a warrant—he then said he was sorry for what he had done—I afterwards went to the cupboard in the room, and found there this stone—the floor of the room was very bloody—I received this bent knife from the prosecutrix.
Prisoner's Defence I did not know what I was about.
GUILTY on 2d Count Aged 33.— Transported for Ten Years.
Before Mr. Justice Coliman.
CAROLINE DONELLY My real name is Caroline Carey. I live in Leg-court, Peter-street, Westminster. The prisoner and his wife lived in an apartment over mine—on this Saturday night, a little before eight o'clock, I believe, I heard them quarrelling, and the woman afterwards passed through the passage muttering to herself that he had called her an Irish w—e—about fifteen or twenty minutes after she went up stairs again, and I heard them quarrelling again—by and by I heard a fall, and several blows and kicks, as I supposed—the fall shook my window and door—I did not hear what passed between them—I heard the woman say, "Go it, you b----"—that was the last expression I heard from her—when I returned in about two hours I went up and found her dead.
GEORGE BURTON PAYNE . I am a surgeon, at 10, Titchbrook-street, Belgrave-road. I was called in about a quarter past nine o'clock, on the evening of the 14th April, and found two women and, I think, the prisoner lifting the deceased from the floor—she was perfectly insensible, and died within a quarter of an hour—there was no evidence of blows externally, but there was evidence of blood having flowed from the private parts—it was not then flowing, but the body was saturated—on Monday, the 16th, I made a post mortem examination, on the Coroner's warrant—it then appeared that the blood had come from the uterine organs—I found there was a contused wound on each side—it might have been caused by a kick, or striking by some blunt instrument—I think it must have been done by a single blow; and it was that blow which had created the bleeding—I think that death was caused by pulmonary congestion, which a blow over the organs of the heart, about the lower part of the chest, would be likely to occasion—the heart itself was diseased, but not to a large extent—I think that the woman being subject to spasms, and being senseless when they were on, as it was stated before the Coroner, is a symptom of the diseased condition of the heart, nothing more—that does not at all alter my opinion as to the effect of the blows—when I first went into the room the prisoner said, "I will not deceive you, Sir: we have had some words, and I have struck my wife"—he said he had struck her a blow on the side.
WILLIAM NOWLAN (policeman B 30). I apprehended the prisoner on the night of the 14th April—told him what for, and that I should require him to come to the station—he said, "Yes;" and on the way he said that he had struck his wife in the rigit side, and had knocked her down; he was very
sorry for what it had come to; he did not think at the time it would amount to that—he said his wife had been drinking and abusing him all the evening.
(The prisoner received a good character.)
GUILTY—Strongly recommended to mercy. — Confined Two Months.
Before Mr. Baron Alderson.
1144. JOHN BAKER , burglariously breaking and entering the District Church of St. Matthias, at St. Matthew, Bethnal-green, and sacrilegiously stealing therein 3 gas pillars, value 3l., and 2 wooden boxes fixed in the said Church, value 2l., 3 glass globes, value 20s.; the goods of Joseph Brown.
MR. METCALFE conducted the Prosecution.
TIMOTHY VINCENT I am sexton for the time being of St. Matthias District Church, Bethnal-green. It has a district belonging to it—it is a new Church, and has been formed into a district under the Ecclesiastical Commissioners—the Rev. Joseph Brown is the minister—it is my duty to attend at the Church, to clean it, and see that the things are in proper order—I went in on Friday evening 20th of April, at five o'clock, and left at a quarter-past seven; I then left it safe, and in its usual state—I was called up by the police about half-past two, went to the Church with them, applied the key to the door, and it opened in the usual way; we went into the Church and found that an entrance had been effected by a window which had been forced open, and it appeared as if persons had been in the Church—we found that an upright gas burner near the window, which bad been forced open, had been removed, and we found another upright one, which had been fixed with screws to the pews, had also been removed—I also found that two money-boxes, which were fixed with screws, had been broken open; one was partly demolished, and lying on the floor—we afterwards found that another gas burner, which had been suspended from the gallery, had been removed and taken away, and four glass globes had been removed from their places; two remained in the Church, and the other two were broken—I have since seen the pipes and one of the gas pillars.
Cross-examined by MR. PAYNE Q. Is Mr. Brown, the Incumbent, here? A. No, I am confident he is the Incumbent—I have been there five years; he does duty, and is the head of the clergy attached to the Church, and he stiles himself the Incumbent—I believe the Church was built under Sir Robert Peel's Act—there are two churchwardens appointed, their names are Kilby and Evans—the clergyman generally takes the money out of the boxes on a sacrament Sunday, or perhaps two or three times a month—the last service was on Thursday week, 19th—I was there then—I cannot say whether there was any money in the boxes then.
HENRY TAYLOR (policeman H 91). On Saturday morning, 21st of April, between two and three o'clock I was on duty, and saw two boys walking backwards and forwards in front of the Church—I watched a few minutes, and hen heard the gate in the railings round the Church open—I watched a few minutes longer, heard the gate shut, and then saw the two boys coming towards where I was, outside the railing—I then ran across the road and laid hold of the prisoner, the other boy ran away—I asked the prisoner what he had got about him—he said, "Nothing"—I searched him and found two pieces of gas pipe underneath his coat, and another piece in his outside coat pocket (produced)—I then took him to the station, and found a small screw-driver
in his coat-pocket—I then went to Mr. Vincent—went to the Church with him, and found the things as he has described—I found no money on the prisoner.
Cross-examined. Q. You saw two lads walking backwards and forwards? A. Yes; they were on the pavement which is round the railings round the Church—I saw them come from the gate—where they were walking there was a gas light—I did not see them at all inside the gate—when they opened the gate they were out of my sight, as it was dark there.
WILLIAM TAYLOR I am a carpenter, and live in Tyrrell-street, Hope-town. On Sunday morning, 21st of April, when I was going to my work about a quarter before six o'clock, I saw a gas pipe lying opposite to my gate, which is about 300 yards from the Church, and about 300 yards from the gate the policeman has spoken of.
GEORGE TEAKLE (police-sergeant H 8). I saw the prisoner on the morning of the 21st at the station in the cell, and asked him if he was a weaver—he said he was—the acting inspector in my presence cautioned him—I asked who the boy was that was with him and ran away—he said, he did not know his name or where he lived; but he met him a few days previously on the Forest, and he then said he was going to get into the Church, and fixed on Friday night; that he met him that afternoon, and they walked together till late at night, when they went to a coffee-shop—that was all he said—Friday was the 20th.
Cross-examined. Q. Do you mean you and the acting inspector went into the cell and asked this boy questions? A. We were at the cell door—I was requested by the inspector at the other police-station to go and see if I knew him—I did not receive instructions to go and cross-examine him—the inspector cautioned him to be careful, for that whatever he said might be used against him in evidence, and he was not bound to answer any questions unless he liked—I did not ask him any questions respecting himself—I have since taken the other boy into custody, and he has been before the Magistrate.
TIMOTHY VINCENT re-examined. The gas pipes (produced) are part of what was lost—these three pieces form one pipe—they have been carefully examined and measured, and they exactly correspond with those now in the Church—I have not the least doubt that they came out of the Church.
(The prisoner received a good character.)
GUILTY of stealing the fixtures. Aged 16.— Confined Six Months.
Before Mr. Justice Coltman.
MR. CAARTEEN conducted the Prosecution.
SARAH WEBB I am the prisoner's wife; he is a shoemaker by trade; he was at one time one of the masters at the House of Refuge for the Destitute at Hoxton; that establishment was broken up, and he lost his situation; I lived with him in the back-parlour of 4, New Church-street, Spitalfields. I remember the night of 23d April—I did not observe anything unpleasant about him before that—he had made threats to me about three nights before, he said he could soon strangle me by pinching my throat—we were on friendly terms that night, and went to bed together—we had no quarrel during the night—I got up next morning at seven, and when I had half my clothes on, and he too, he put his left arm round my neck, pulled me down on one knee, and held a shoemaker's knife in his right hand, and stabbed my throat—I
did not see the knife in his hand at the time; it was covered with a cloth—I received a cut about eight inches long on my throat, and as I was saving my throat I got two of my fingers cut against the knife, it was done after the stab and before the cut—I hallooed "Murder!" and endeavoured to get to the door as fast as I could—I heard him say, "I have done for you now," that was after the stab and cut, and before I went out of the room—my niece bound up the wounds for me until the surgeon came—I had locked the door myself when we went to bed—I got it open by turning the key after I was cut.
Prisoner. She is very wrong in saying we had no words; we had: she broke up my house. Witness. That was by his orders when he was in Guy's Hospital—he was there because he had cut his own throat about three weeks before he cut mine—he was only there from Friday till Tuesday—he did it in the Refuge, and was found by the Governor weltering in his blood—that was after he had received notice to leave—he has been very low lately, and very much depressed, like a lunatic—he talked in a very unreasonable sort of manner at times—the chief of his talk was that he would be without bread, and he would have my life—he had not actually left the Refuge when he cut his throat—his month's notice would have expired in a day or two—we were living on the remains of his last quarter's wages—we had 7l. or 8l. left—he had not been able to make any provision for old age on account of bad health, and he got anxious about it—he had been looking out for new work, but his mind was in such a bad state, he was not fit to do so—the committee of the Refuge gave him a trifle, and we had 40l. in the bank, which I took out by his order before he left the Refuge—I put it into the hands of a friend to keep it for me, fearing he would destroy it—he said he would give it all away as soon as he got it; that was through his insane mind—he told me different places that he was going to give 10l. to—I did not think that right, and I took care of the money to keep me out of the workhouse—he had said it was for me—he has not been exactly right for the last twelvemonths, it began through nervousness, wandering about the room from two in the morning till, six in his shirt, and he went down into the country to his friends, and wasted double the money he intended, and when he came back it preyed on his spirits—he used to be very kind to me till lately.
THOMAS MEARS. I am a surgeon, of Brick-lane, Spitalfields. On 24th April, I was fetched to 4, New Church-street, and found Mrs. Webb sitting on a chair in the back-room ground-floor surrounded by several people, with a covering over her neck, saturated with blood—I found a wound on the right side of the throat, extending from the collar-bone obliquely downwards, about four inches long—if it had not been arrested by the collar-bone it would have been very deep; if it had been a little higher up it would have divided the carotid artery and been fatal—it was a dangerous wound from the subsequent bleeding, and might have been done with such a knife as this—I have no knowledge of the prisoner except what I saw at the police-court—my conviction is that he is insane; I merely judge from his appearance and manner, which is that of an insane man, from his peculiar irritable way and his restlessness; he is incapable of standing still—I do not say such symptoms may not be assumed.
Prisoner. I want to know whether she does not know that some tricks were played with me to make my head bad; there was a piece of metal
at the bottom of a grave which had a great effect upon me. Witness. Within the last two months he was burying his sister, and asked the grave-digger to give him something like a coin which was in the grave, and he said it brought a curse on him; he said he should like to have it because it came out of his sister's grave.
Prisoner. You know that it had an effect on my wife as well as on me.
NOT GUILTY, being insane.
Before Mr. Baron Alderson.
MR. BRIARLY conducted the Prosecution.
ADOLPHE DANILECKI I am of no profession, and live at 498, New Oxford-street. I know the prisoner; I first became acquainted with him on board the steam-packet, when I came from Paris—he told me he did not know English, or where to go, and I told him if my house was not let I would willingly give him a room—he represented himself as a watchmaker, and showed me two unfinished watches which he had—he accepted my offer, and on coming to the house, offered immediately if I had anything to do he would do it, as I was so kind to him—he said he would repair my watch; he did so, and gave it me back—on Wednesday, 25th April, he came and asked me if my watch did not retard—I told him I did not remember whether it gained or lost, because I did not wear it—it was on the chimney-piece—I gave it him and said, "You may look"—he took it up to his own room—I was afterwards going up-stairs and met him coming down—I asked him where he was going—he showed me the watch with the glass broken, and said he was going to get another glass, and went out—that was about half-past seven in the evening, and I never saw him again till he was in custody—I did not miss anything then, but when nine o'clock came I saw his clothes, tools, and watches, and everything was gone, and my wife's watch was gone also—he did not tell me that he was going—I found him on the Saturday following at Stauffers' the watchmakers in the City—I said nothing to him, but he said to me, "For God's sake save me, and I am willing to give you up what I have"—I had told him he had stolen the two watches and a small chain, and he said, "Yes, I did, and I am sorry for it"—he gave me the pawnbroker's tickets—I asked him about my wife's watch, and he said he had exchanged it with a Jew for clothes—I afterwards went with him to a house opposite St. Katherine's-docks; there I found my wife's watch—he showed me the house—I received this letter from him on the Thursday or the Friday (produced)—I know it to be his writing.
Cross-examined by MR. ROBINSON Q. The prisoner had been in your house some weeks? A. Yes; when he had my watch to repair, he kept it three or four days—when I gave it him on this occasion, I supposed he was going to see if it wanted altering—he told me he came from Switzerland—I have understood he is of respectable parents—he told me he expected some watches from Switzerland, but they never came—he worked at his trade in my house—(the letter being read, stated that he was about going to Switzerland, hearing bad news of one of his brothers, and that he would send some watches in return for those he had taken).
evening of 28th April, to Mr. Stauffer's in the Old Jewry, where we found the prisoner—he and the prosecutor spoke together in French—I took him into custody—I found on him four duplicates, one relating to the watch and chain produced on 30th April—the prisoner showed me the house of David Barnett, from whom I got this other watch (produced).
Cross-examined. Q. Had he had it before to repair? A. Yes; and returned it to me in a few hours—It went very well afterwards, and did not want anything else doing to it.
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. — Confined Six Months.
(There was another indictment against the prisoner.)
NEW COURT—Friday May 11th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald. LAWRENCE
Before Mr. Recorder and the Second Jury.
1147. EDWARD HENRY GIBBINS , stealing 1 top of a table, and other articles, value 1l. 3s. 6d.; the goods of Edward Samson, his master: to which he pleaded GUILTY Aged 14.— Confined One Months, Fourteen Days Solitary, and Whipped.
JOSEPH PRIOR I am cashier to Messrs. Gouger and Andrews. On 26th April, I gave the prisoner six pieces of linen; I marked them, and can identify them—it was his duty to cut out this linen for shirts—it was no part of his duty to send it out without being cut.
SUSANNAH WRIGHT I live servant with the prisoner. A person who lived with the prisoner, who called herself Mrs. Davison, sent me to Messrs. Gouger and Andrews on 26th April, about two o'clock, to ask for the prisoner—I did so, and he gave me a parcel—I did not speak to him, nor he to me—I had never been for any before—I stood at the door of the room where he was; he had no book with him—Mrs. Davison sent me with it to the pawnbroker's—I was to ask 2l. on it; I got 30s.
JOHN GOUGER The prisoner was in our employ—there was no understanding between us that he had power to send linen out of our place to sell it—he was sent with a sample-shirt, to see if he could sell them, and would get warehousemen to come and look at goods, but he had no authority to take out goods—I said to him, "You had six pieces of linen last Thursday;
where are they?"—he pointed to a shelf, and said, "There they are"—I said, "There are not six pieces there"—he said, "They are not all there"—I said, "What has become of them?"—he said, "I gave them to my wife to sell"—I said, "Produce them"—he said, "I cannot; she may have sent them to the world's-end, or to Dover; I cannot tell"—he afterwards said, "I have made a memorandum that I have had them myself; I suppose I am responsible for them"—I said, "Certainly not, for goods given you to cut out"—at the end of this book here is a memorandum, "E. D., April 25, two pieces of linen, 9 1/2 d.;" that memorandum would not pass between me and him; they were given out to him for the express purpose of cutting out—this book was entirely under his care; it is the book in which he enters the work he gives to the people; it was not between me and him; it is all in his writing; it was kept in his own cutting-room, on my premises—here is the entry of the delivery of the goods to him—I have not looked to see whether he has charged himself the right price for these articles—he has entered them to himself on 25th April, and they were not delivered to him till the 26th—he had no opportunity of entering these after I charged him—if my servants ask me I should let them have goods at cost price—if these had been regularly booked they would have passed through my warehouse—this is the book in which they are entered to him—on previous occasions what has been entered on one side to him, he has accounted for on the other—he has not entered anything on the other side here, but in another book he makes an entry of these two pieces to himself—in the book in which he should have discharged himself he has not—on Thursday, the 26th, these goods were delivered to him, and on the Tuesday following I gave him into custody—he had several days to have entered them—this is the cutting-up book—here is "April 26, eighty yards of Irish. E. B."—the entry is Prior's—the prisoner has signed it that he has received it from him for the purpose of cutting up—he had no time for cutting it out; it was only given him in the morning, and at two o'clock the girl fetched it away—his wages were 30s. a week—the woman with whom he lived earned a good deal from my premises—she manufactured stocks—she had work out in a different name—fifty yards of linen would require 500 yards of calico to make up into shirts—I thought it was a large quantity, and requested to look—we have had entries since he was in custody—if he had not accounted we should have detected it when we came to see whether these two books tallied—if my suspicion had not been excited he might have returned these and made them up—he was not allowed to pay the workpeople; he gave them checks, and sent them down for pay—he had told me on the Monday previous to the 26th that he could neither get the hands nor the calico at the price, which excited my suspicion when he wanted the goods—it was his own act to get this linen; he must have asked for it—he came to me and told me he wanted some linens at that price.
Prisoner. This handkerchief I have on now Mr. Wilson sold me, and made a memorandum of it, as is customary. Witness. It is not customary—everything ought to go through the books—the young men never traffic together.
Prisoner's Defence. I had no intention of defrauding; I debited myself with them at the cost price, if I have committed an error I am very sorry for it.
1150. JAMES ROBERTSON , stealing 1 envelope pattern-book, and 1 other, value 3l. 19s.; the goods of George Ackerman and others: and 29 pencil cases, 5l.; the goods of Nicholas Davy.—2d COUNT, for receiving I the same, having been before convicted.
MR. BODKIN conducted the Prosecution.
WILLIAM GEORGE RANGER In Aug. last I was town-traveller to George Ackerman and others. On 1st Aug. I had a variety of property that they deal in, in a bag at the bazaar in Baker-street, I put it on the counter, and my attention was called from it for a few minutes—I came back and missed it—I afterwards found it behind the counter, but the contents were gone—I heard I nothing of it till last month when the prisoner was taken.
CHARLES BULL I live at 67, Baldwin-street, City-road. Last year the prisoner lived at 15, Brook-street, Holborn, and I used to live there—I bought this pencil-case of him for 5s.—I think it was the latter end of Aug.—he had four more, and asked if I could dispose of them for him—they were of different patterns—he did not keep a shop—he represented himself as a commission broker—I tried to do so, but did not.
Prisoner. I was out for a week; you put a broker in my room for rent, I and this was given to you as part payment. Witness. Yes; I saw several other articles of plate beside this, but that was months before, in March or April—I knew you had a person there—he did not say anything to me about leaving his wife and coming to live with you—you told me of that—a foreigner named Schmidt came there just at the last.
JOHN PARK (police-sergeant, E 14). On 12th March I took the prisoner coming from Mr. Role's house in Porter-street, Newport-market—I told him I took him for robbing Baker-street bazaar of pencil cases and other articles—he said, "Very well"—on the way to the station he said Mr. Cope might as well have kept him in Newgate when he had him there, for he knew all this against him—I asked what part of the house he lived in at Mr. Role's—he said, "The front attic"—I went there and found his wife—I found these 137 duplicates, a box containing lighters, a box that had contained marking-ink, this little paper case, two cards of binding pins, and some of Mr. Ackerman's cards—Schmidt was in Newgate then.
Prisoner. Q. When I asked what I was taken for, did you not say Mr. Cope had sent a letter to your office? A. No; I never told you Mr. Cope had given me information that he had got from Schmidt—a letter was produced in this Court, I never had it—it was read—if I had seen you a week before I should have taken you—I was looking for you—Sergeant Wells did not tell me to let you have your Sunday's dinner and take you on the Monday morning.
Prisoner. The man who wrote the letter is transported (see page 370); he said he would be revenged on me; I am sorry he is not here, he could be proved to have had all these things; he lodged with me.
JOHN ROLES I am a milkman, of 1, Porter-street. The prisoner lodged there in March—I remember the officer coming and going into the garret which was occupied by the prisoner and his wife—the prisoner slept there the night before the officer searched.
OCTAVIUS FOLKARD I am in the service of a pawnbroker in the Strand. I have fifty-one pencil-cases pawned on 2d Aug., 1848, in the name of Johnson—the duplicates of them have been produced by the officer—they were pawned in two lots on the same day.
THOMAS WELLS (police-sergeant, C 1). I saw the prisoner at 1, Porter-street, I followed him from there to Villiers-street, Strand, he turned the corner of Duke-street, and I lost him—this was on the Saturday as he was taken on the Monday—on Wednesday morning I went to 16, Duke-street, and received these four trays from the person who keeps the house.
Prisoner. He saw me on Friday morning. Witness. No, Saturday—I saw you on Sunday morning go to a chandler's-shop opposite—I did not tell you I would allow you to have your Sunday's dinner.
Prisoner. Q. I was at work for you? A. Yes; I have known you eighteen years.
NICHOLAS DAVY These pencil-cases belong to me—I entrusted them to Ranger to sell on 1st Aug.—he had a much larger quantity of them the week before, which he had disposed of; the value of these is about 5l. 10s.
Prisoner. Q. Can you swear to these pencil-cases? A. Yes; I had the manufacturing of them; these are what we have had put aside, and we have had different heads put to them; there was not a sale in the Strand a week before where a number of my articles were sold—some of these have been cut from patterns we have had fourteen or fifteen years.
Prisoner. The person I bought those duplicates of is named Schmidt; he has been convicted in this Court.
CHARLES BULL re-examined. The prisoner had somebody lodging with him in Aug., 1848, and I understand Schmidt lodged with him after I gave the house up—the prisoner was lodging there on the 1st of Aug.—Schmidt used to come occasionally, but did not lodge there.
Prisoner's Defence. A man named Gifford lodged with me at Bull's; he went away and left me in debt 3l. or 4l.; I afterwards met him and Schmidt in Holborn; I told him Mr. Bull had put the broker in; Gifford said, "I cannot give you any money, but Schmidt will lend you some to get the brokers out;" Schmidt came and brought these things to my house; I gave him an "I O U" for them; I gave Mr. Bull some to pay the debt; if they had been mine I would have sold them right out, but they were left there; Schmidt came and lodged with me—when he left I found these duplicates under his bed; he and I did not part friendly, and he sent me a letter saying he would do for me if he were hung for it; in Jan. this year, a man named Edwards was a witness against me, and your Lordship would not take his evidence; if the person who has been convicted was brought here, I am almost convinced that the pawnbrokers would have recognised him as the person who pawned these things.
Prisoner to CHARLES BULL Q. Did I not keep my payments up till that man came to lodge with me? A. Yes; I believe I saw you and Schmidt together in August last; you were very intimate; I never saw Schmidt bring any thing to where you lodged.
GUILTY on 2d Count. Aged 43.— Transported for Fourteen Years.
(There were four other indictments against the prisoner.)
MR. BALLANTINE conducted the Prosecution.
CHARLES BLACKLEY . I am warehouseman to Messrs. Jones, of 43, London-wall, leather-merchants—the prisoner had been in the habit of buying feathers there—we keep horsehair seating. On 4th May I counted the number of pieces of seating at eight o'clock in the morning; there were eighteen—the prisoner came there a little before nine—none of the seating had been removed—he agreed to buy some feathers—I had to go up stairs to pack the feathers up—I left the prisoner on the ground-floor where the horsehair seating was—he said he was going across for change for a sovereign—I did not see him go—I was up about five minutes—I packed the feathers, brought them down, and delivered them into his cart—he paid me 12s. 6d. for them—his boy was in the cart, which stood just on the edge of the pavement, opposite the door—immediately after that, I counted the horsehair seating again; and there were only seventeen—the piece that was missing weighed about 30lbs.—there were 39 1/2 yards—no one has been on the premises but me and him—about a week before that the prisoner said to me, "You do a large trade in seatings"—I said, "We do"—he said, "You sent out a large lot yesterday"—I said, "Yes, and we have got a fresh lot in"—the one that was missing was one of the fresh lot—I left the door open—my back was scarcely turned a minute—I had no conversation at the cart.
Cross-examined by MR. PARRY. Q. What is horse-hair seating? A. The black covering for chairs—I came out of the warehouse with the prisoner—I did not see him labouring with such a parcel as this—I was in the warehouse from the time I counted them till the prisoner came—they were not in my sight the whole time after I counted them, but I must have seen the door open if any one had come in—the warehouse is about ninety feet long—these packages were in a room opposite the counting-house—there is a room on one side the door, and the counting-house on the other—no person is employed there but me—I have been in the service just upon nine years-the prisoner has dealt there lately for feathers—I cannot say how much he has paid; I am not in the counting-house—I took money on this occasion, because no one else was in the way—the prisoner is an upholsterer, residing in Chelsea—I was in his employ some years ago; I was not dismissed; I left of my own accord, without saying anything to him—we had purchased thirty-eight packages of horse-hair seating about a fortnight before—we sold some, and then discovered some were lost—I am not aware that any suspicion has rested on me—it has not been mentioned to me—Mr. Jones and his son attend to the business—he has no clerk—I am in the warehouse—the prisoner had paid for the feathers—I knew there was a policeman watching—I did not stop the cart.
MR. BALLANTINE Q. Did you know likewise that Mr. Jones was watching? A. Yes; that was in consequence of a communication I had
made to my employer of what took place the day before, when the prisoner had been there—he was the first person who came after eight o'clock—I had to open the door to him—it was locked inside—there is no back door—there was no way of access to these goods but through the warehouse—now I come to think of it, I rather think that the reason I left him was because he was insolvent—I do not know that my present employers bought all his stock—I went into their employ immediately afterwards—it is more than eight years ago.
JOHN MARK BULL (City policeman, 151). On Friday, 4th May, from information, I went to the Castle public-house, Fore-street, with Mr. Jones—we placed ourselves in a position to watch Mr. Jones's warehouse door from about eight in the morning—I saw a horse and cart drive up about a quarter before nine o'clock—the prisoner and a little boy were with it—the prisoner got out and rang a bell—he was answered from inside—he went in—(from eight till a quarter to nine, no one else had gone to the warehouse door)—he had a great coat on, and a loose bag in his hand—in three or four minutes afterwards I saw him come out alone, and the great coat was wrapped round a parcel, which appeared to be heavy, which he was carrying with both hands—he lifted it into the cart, and went back into the warehouse again—I saw the back of the little boy in the cart—after the prisoner returned into the warehouse, he came out again, alone, in about two minutes—he crossed the road to where I was concealed—he had one of his fingers in his waistcoat pocket—he returned to the warehouse, waited there about two minutes more, and then came out with the porter, who had a bag on his head, which, to the best of my belief, was the bag the prisoner had carried in—there were some deals in the cart, and a large flock bed—after the prisoner put something in, it seemed to drop down into the cart—I could not see that; he threw in great-coat and all—I got into a cab and followed the cart along various streets for two hours, or two hours and a half—it got to Whitechapel Church—during this time he removed some deals from the cart, and left them at Mr. Wild's, in the Curtain-road, and a small parcel in a handkerchief—at Whitechapel Church he took up another man, and drove down Back-church-lane, to Rosemary-lane—I saw him whipping his horse—he had looked back previous to that—the cab was about forty yards from him—we lost sight of him in Rosemary-lane for about two minutes, as it was blocked up—when we got to the Minories we saw the cart, with the boy in it, standing opposite Mr. Catchpole's—the prisoner and his friend were gone—we stood and watched the cart about half an hour—the prisoner did not return—the boy drove the cart to Little Moorfields—the prisoner came to it there—I went up to him, told him I was a police-officer, and he must consider himself in custody for stealing a roll of horse-hair seating that morning from Jones and Son's—he said he knew nothing about any horse-hair—I asked where he went when he left his cart—he said with a friend of his to have a glass of stout—I took him to the station—I found on him two sovereigns and five pence—I found the feathers in the cart, and this little book with memorandums in it—I did not take the boy, he was too young; I rode to Chelsea with him and searched his father's house.
Cross-examined. Q. It was in a public-house you were watching? A. Yes; when he came out the second time, he came towards the public-house—I did not see whether he went in for change, he might have done so—I did not seize him then—my instructions were to get the receiver if I possibly could—I was in plain clothes, and inside the cab—I had a full view of the cart—he stopped three or four times—he did not deliver things each time he stopped—the place he stopped at was by the Roman Catholic chapel—there are a good
many upholsterer's shops in that neighbourhood, but not where the cart drew up—Mr. Jones was watching with me at the public-house, which is about fifty yards from the warehouse.
FREDERICK AUGUSTUS JONES , the Younger, I am one of the firm of Frederick Augustus Jones and others. I was watching, and saw the prisoner drive up about a quarter before nine, and go into the warehouse—he came out with a bulk of property concealed under his great coat, which he carried on both his arms, and threw into the cart hastily—it answered in size and shape to the property we missed—I afterwards saw him come out again and go across the road—he returned to the warehouse and came out with the porter—the cart then drove away—I did not accompany the officer; I sent the porter—I know the prisoner's writing; this book is in his writing; this item "Seating," is the prisoner's writing; this last item is "39 1/2 l.," "1s.," "1l. 19s. 6d."—the measure of the piece we missed was 391l. 2 yards, and worth from 3l. 10s. to 4l.
Cross-examined. Q. Here are several entries of seating in ink, and then two in pencil? A. Yes; here is an entry, "3l. 7s.," that* is 15s. and 1l. 12. added together—the prisoner did business with my father eight or nine years—my father dealt very extensively with the prisoner previous to his bankruptcy, and was a very heavy loser; he has not dealt much with us since—we have not had confidence in him—he has dealt for cash—he has not dealt as a purchaser to any extent—I lost sight of him for the last two years, till about a month ago—after his bankruptcy, my father, being assignee, took his business, and employed him as a paid servant—I should say my father ceased to be assignee about 1841—all connexion of that kind has ceased for five or six years—there are different sorts of horsehair seating—I never saw better than the piece I missed—it would be worth 1s. 6d. or 1s. 9d. a yard, according to the customer—the lowest price in the trade is It.'a yard—I gave about 1s. 6d. a yard for it—I received these goods in barter for others, and by the other goods I got my profit—the prisoner has never dealt with us for horsehair since his bankruptcy.
Cross-examined. Q. Have you not bought beds of him? A. Yes, I bought a dozen of mohair mattresses of him about six weeks ago—ours is an extensive shop—there is generally my brother and father there—on that morning I and my mother were in it—I should not have noticed the cart before the door, but the officer said it had a gray horse in it, and some one took a child up and stroked the horse—I think it was last Friday morning. NOT GUILTY
CHARLES BLACKLEY I am in the employ of Messrs. Jones, of London-wall. The prisoner came to our warehouse in the early part of last week—he said we did a large trade in hair seating, and sent out a large lot yesterday—I said, "Yes, we have got a fresh lot in"—on 3d May I went to the ware-house, about eight o'clock—there was no one else there—I went into the adjoining room where the horsehair seating is kept, and counted the packages; there were nineteen—the prisoner came to the warehouse with his cart, a little after nine, for some feathers—no one had been before he came—the door was not fastened that morning—I had been in the warehouse down-stairs—I
am able to say no other person had come in the warehouse—I locked the door, and we went up-stairs together to where the feathers were—I think he had 30lbs.—they came to 12s. 6d.—he said he must have change for a sovereign—I said I would go down and lock the door after him—he said, "No, never mind," he would send the boy for change, and he would stay and mind the warehouse—he was not away above four or five minutes—I had done up the feathers, and brought them down by the time he came back—I put them into the cart, which was standing close to the pavement—immediately he was gone I went and counted the packages; one was gone—I told Mr. Jones.
Cross-examined by MR. PARRY. Q. Mr. Jones was not there that morning, nor any one opposite watching? A. No; these pieces stood on their heads, side by side—we had had thirty-eight pieces in—I do not know anything about the borrowing of 6l. of Mr. Jones—I know the prisoner brought some beds and mattresses there and took them away—I do no: sleep there; I come at eight in the morning—I think I had counted the packages over night—Mr. Jones did not count with me; he has on some occasions—he was in the place over night—I did not make any minute or mark—the prisoner left some bedding and mattresses in the warehouse a week or ten days—I received orders from Mr. Jones to count the pieces—I had not counted them at any other times; only these two mornings—we had missed eight pieces—the warehouse was open to other persons—I let the cart go as I had instructions to let him take a piece if he would; not to interfere with him—I did not stop him the next morning, because I knew some one was watching—I counted the pieces the next morning as soon as the cart was gone—I followed it in a cab, the cab was waiting across the road—I had missed some about a week previous.
FREDERICK AUGUSTUS JONES , Junior. On Wednesday night, 2d May, I counted the packages of seating previous to leaving, just as the shutters were being put up—there were nineteen—I staid and saw the warehouse locked—during the week previous we had missed eight pieces, and gave direction to Blackley to count them—this book is in the prisoner's writing—these marks seem to have been scales of prices.
Cross-examined. Q. Is it a fact that the prisoner left some bedding at your warehouse? A. Yes; he asked my father as a particular favour to advance a few pounds on them—he got part of them away without paying the money—I. was there when he took them away—he said he would give half-a-sovereign as interest for the money; we lent him 6l. till he could sell them—I think they were worth about 9l.—the understanding was that he should remove no goods without paying back the advance—I consented to his taking some, on the understanding of his bringing back the money directly—I have never seen it.
Prisoner. Q. I have paid you 4l. 10s? A. Yes; I have not one atom of your goods now; you still owe 30s.
1153. WILLIAM EDWIN BAZLEY , stealing whilst employed in the Post-office, a letter containing 1 book, value 1s.; the property of the Postmaster-General: also I letter containing 2 half-sovereigns; the moneys of the Postmaster-General: to both which he pleaded
GUILTY . Aged 29.— Transported for Seven Years.
THIRD COURT.—Friday, May 11th, 1849.
PRESENT.—Mr. Ald. CHALLIS, Mr. Ald. CARDEN, MR. COMMON SERJEANT,and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury,
MATTHEW CAWLEY I am a labourer, of 15, Snow's-rents, Westminster, and keep the house next door as well; the prisoner is a lodger of mine there. On 7th March, about two o'clock, I heard something, went to her room, and found her quarrelling with her husband, and breaking up my furniture—I said there was plenty broken without her breaking any more—she said nothing, but took up a hammer and struck me deliberately on the head—I sank on a chair, she pulled me off it, and I sunk on the floor, she then kicked me about the head—my little boy came in—I became insensible—when I came to, I was being shoved down-stairs by somebody—my wife, who went in before me, had gone for a policeman—I went to a doctor's and had my head dressed, but the blood did not stop, and I went to the hospital—I did not remain there then, but was obliged to go in the next' week, and kept my bed there—the prisoner's husband told her not to strike me—before she struck me she said I had no business there—I said I had, to protect my property.
Prisoner. Q. Did not you come to my room and solicit money for drink? A. Never—I did not strike you with the tongs, there was not a pair there—you were not given in charge till the 17th—I did not give you in charge—I was insensible almost all the time I was in the hospital.
ANN CRAWLEY I went with my husband—the prisoner was very tipsy, and had broken the table, looking-glass, and other things, which were strewed about the floor—I knew her by the name of Mrs. Lucy—she ordered me out of the place; saying, "It is my apartment; I pay for it, I shall do as I please"—my husband said he would not go out till she ceased breaking the things—she struck him on the head with a hammer which was on a table, be fell on a chair, bleeding furiously—she was cursing and going on most terribly—her husband begged her to be quiet, but she would not—my husband fell on the floor—she kicked him dreadfully—her husband laid down by the side of him; and said, "Rebecca, pray don't do it any more," and picked him up, and got him to the stairs—the prisoner took a large saucepan and beat him dreadfully over the head—Mr. Lucy begged me to get a policeman, and the struck him, and split his lip—my husband was insensible; and caught hold of her by the gown, she fell on him, and he fell down the whole flight of stairs, and his head went against the wall—while he was in the hospital the policeman took the prisoner, as we heard she was going to Bristol.
Prisoner. Is not your husband in the habit of coming and annoying me? Witness. No; I was in the room before my husband, he followed me in.
GEORGE BROWN TURNER I am house-surgeon at the Westminster Hospital. Crawley was first brought on 7th March, he had three or four small scalp-wounds on the back of his head by the ear—they had not gone to the bone, and were not dangerous—there was not much blood—a hammer or a saucepan would have inflicted them—he came next day again—in about a week he came very ill, erysipelas was coming on; he was put to bed, and did not leave for about three weeks.
Prisoner's Defence. He came to my room and wanted me to lend him some money; I refused, as he was tipsy; he caught hold of my hair and tried to bite my arm, but fell and hit his head against the bolt of the door; there was no hammer used, neither did I see one; I was very much bruised, and confined to my bed three days; his wound was healed, but he got tipsy and wet-footed; his wife kept trying to extort money from me, but finding she could not, she pressed the charge.
GUILTY of an Assault Aged 24.— Confined One Month.
CHARLES BELSON I am a sailor. On 9th May I had just left the Pavilion Theatre, Whitechapel, and met two girls about a hundred yards from it, who asked where I was going; I said, "Aboard"—they asked if I wanted a night's lodging—I said, "Yes;" as it was getting very dark, and I should not find my way aboard—it was about twelve o'clock then—they took me to a house, I went in, and they told me to go up-stairs to bed—there was a light on the table just by the door—the prisoners and another man stood at the door, and grabbed me by the throat, and took my money from my pocket—there was a knife and a key there—they did not take them—I called "Police!"—two policemen came in private clothes—I was very much hurt, and could not speak for a good bit—I am sure of the prisoners—the policeman asked me, before he took them, what they had on, and I told him—I had counted my money as I went into the house—it is about a quarter of a mile from the Pavilion—the girls walked with me all the way, not arm in arm—one girl went into the house and fetched the three men—they did not come till I was inside—I gave the girls a half-crown for the lodging, and then had a half-crown 7s., and 6d. left—the men then went to a corner house, about twenty yards off, I followed, and stood at the door till a policeman came—they came out just as the police came, and I gave them in charge.
Lester. Q. What do you know me by? A. By your handkerchief and coat—I swear positively to you.
Williams. Q. What do you know me by? A. You had that waistcoat, and that handkerchief and a hat on.
WILLIAM HOLLAND PEARCE (policeman, H 154). On the night of 9th May, about half-past twelve, I was in Flower and Dean-street, and heard a cry of "Help, help!"—I went to George-street, and saw Williams coming out of the door of a lodging-house; being in private clothes he did not know me, and seized me by the collar and tore my coat—another policeman came and Williams was taken—Belson said, "That is one, and the other is inside; he has got a red handkerchief on;" and accused him of stealing 10s., and gave him in charge—he pointed out Lester—he expressed no doubt about them. Williams. Q. Where were you when he pointed me out? A. Close to you, on the kerb—I was not on the other side of the way—I did not seize you before a word was spoken.
COURT Q. Are you sure Williams is the man who laid hold of you? A. Yes; I kept him by the collar—I saw him come out of the house which Belson was standing opposite to and which he pointed out—I afterwards went with another constable, and found Lester and a lot of loose characters there.
THOMAS BENDELL (policeman, H 217). On 9th May, about a quarter-past twelve o'clock at night, I was in George-street, and saw Belson holding one hand to his mouth, and the other to his throat, crying and coughing—he
showed me where he had been robbed—I turned round, and directly saw Williams in the act of coming out—he pointed to him, and said, "That is one of the men that robbed me;" my brother constable caught hold of him—I went with Belson to the door, and Lester was in the act of coming out, just putting his cap on—I took him to the station—Belson charged them with stealing 105. from his pocket, holding him by the throat, and putting their fingers into his mouth—a shilling and a fourpenny-piece were found on Williams.
Lester. Q. Was not I sitting down with my cap in my hand; I am quite a different character altogether; did I offer to strike or resist you? A. Not the least.
Williams. Q. Where is the tall man that seized me by the handkerchief before a word was said; my shirt is torn now? A. If your clothes are torn, it was through your resisting the police in taking you to the station—the boy showed me where he was robbed; it was not more than six or eight yards from the other house.
Lester. I can bring witnesses to prove I was not near the spot
WILLIAMS— GUILTY Aged 31.
LESTER— GUILTY Aged 31.
Judgment Respited ,
Before Mr. Common Serjeant.
JAMES NEWBERRY I live with my father, near Golden-square, the prisoner lodged at our house about ten days. On 29th April, while he was lodging there, I missed my watch, which I had seen safe on 23d on 24th—this (produced) is it.
Prisoner's Defence. I was remanded twice, and then acquitted; they have since found the watch; I did not pawn it at all.
GUILTY . Aged 22.— Confined Six Months.
DAVID COX I live in Clerkenwell. On 6th May, at three o'clock, I had a mare safe in Mr. Woodward's stable—I was walking down Hatton-yard, about half-past four o'clock, and saw the prisoner with the mare—when be got close to me, I said to a policeman, "Where is this man taking this horse to?"—the policeman said, •' Let the man alone; he is all right"—I said, "Is he; this is my mare, and I will swear to it;" the prisoner said nothing—the policeman took the prisoner and the mare to the station—I never saw the prisoner before.
GEORGE WOODLAND I saw the mare safe at half-past three o'clock in my father's stable, in St. James'-walk—the prisoner was with it—when I looked at him he began cleaning it; he had no business with it—I do not know him.
HENRY EASTWOOD , (policeman, G 59). I took the prisoner and the mare—I asked him where he was going with the mare—he said he did not know; he was a stranger—I asked him what he would do with it—he said he was trying to get a stable for it—I asked him if the mare was his—he said he considered it was.
GUILTY Aged 30—Recommended to mercy by the Prosecutor. — Confined One Year.
MR. METCALFE conducted the Prosecution. BENJAMIN SMITH I am one of the partners of Smith and Sons, corn-dealers, of London-wall—we had twenty-five quarters of malt in the granary at the Eastern Counties Railway, which was to be delivered to our orders-Messrs. Mumford are customers of ours. On 3d April a man came for ten quarters of malt for them—I believe it to be the prisoner—a small sample was given him in a canvas-bag, and this sale-note enclosed in an envelope—I made it out—I next saw it at the police-office; the "ten" had then been erased, and "twenty-five "put in.
THOMAS CLARE I am carman to Mr. Mitchell, of St. Luke's, a man named Bowley was in my employ. On 3d April the prisoner came to me to hire a van to go to the Eastern Counties Railway to fetch twenty-five quarters of malt—I had not a van that would bear the weight—he left and returned in ten minutes or a quarter of an hour, and said, if I would let him have it he would fetch half that afternoon, and half next day—I sent my man with it; he did not come next day.
STEPHEN ALGER I am clerk in the Goods Department of the Eastern Counties Railway. On 3d April Bowley came with this order for twenty-five quarters of malt, but as ten quarters had been delivered to some one else, we had only fifteen; I delivered ten.
(Michael Alexander Bowley did not appear; the bill against him had been ignored.) NOT GUILTY
SAMUEL THOROGOOD I am clerk to Mumford and Co. I did not direct any one to go to Messrs. Smith on 3d April for a sample—I do not know the prisoner; if he bad been authorised to go by any one in our employ, I must have known it; it would have passed through my hands.
Cross-examined by MR. PAYNE Q. You only manage a portion of the business? A. No; it is not absolutely necessary for orders to pass through my hands; Messrs. Mumford very seldom issue orders.
Cross-examined. Q. Has that anything to do with the sample? A. I asked him for the sample, he said he had got it, and the order was in his pocket-book, and he would go with me to the railway and get them himself. GUILTY Aged 25.— Confined Six Months.
(The prisoner received a good character, but John Moseley, policeman, stated that he had been, for sixteen years, the associate of thieves).
her room smoking, an hour or an hour and a half—I had my money safe then—I asked for a bed, as I was rather in liquor—I did not undress, I missed my purse, with Vdl. 13l. 10s. in it, and a—only the prisoner was in the room—I sent for the landlady—the prisoner was gone then—she went after her.
Prisoner. Q. Did not you give me the purse, and say all the money you had in it was 4s.6d.? A. No.
MART DAMERELL I searched the prisoner at the station—she said she had no pocket, nor any money—I found 3s. 6d. and 1d. in her glove—I asked her to take her dress off—she put her band in her bosom, and flung something under a seat—I went and found this purse with twelve sovereigns in it—she said, "There is his purse and his money, he may transport me if he likes." GUILTY .— Transported for Seven Years.
SARAH TUCKER , I live with my mother, Eliza Tucker, corn and coal-dealer, in Spital-fields. On 23d April, about five o'clock, I found this bag of flour under some trusses of hay in the coal-cellar—it had been taken from the flour-hatch—the prisoner weighs coals for us.
Cross-examined by MR. PAYNE Q. How many hours does he work? A. From seven in the morning to nine at night—he has 7s. a week, but no victuals—I have had no quarrel with him—I once asked him for some coals, and he said if I did not go out of the place he would kick me out.
Cross-examined. Q. You took it away and gave it to your brother, who is a policeman? A. Yes.
ROBERT GIFFORD (policeman, H 89). I produce the flour—I searched the prisoner's place, and found other flour. (The prisoner received a good character). GUILTY. Aged 62.—Recommended to mercy. — Confined Two Months.
OLD COURT.—Saturday, May 12th, 1849.
PRESENT—Mr. Ald. GIBBS, and Mr. COMMON SERJEANT
Before Mr. Common Serjeant and a Jury half Foreigners.
WILLIAM VAN DER DEYL (through an interpreter). On 23d April I landed at Black wall—I had six coupons, for which I got fifteen sovereigns, at a Mr. Antweiler's—I put them into my waistcoat-pocket, and the prisoner went with me in a cab to let me see London—he forced the money out of my pocket in the cab.
Cross-examined by MR. PARRY Q. When you landed did you go to
Antweiler's with the prisoner? A. Yes—I stayed there the whole of the next day, and a countryman of mine fetched some wine, and we drank it together—we were not drinking all day—we got into the cab about twelve o'clock—the prisoner took the money from me about five—I was as sober as I am now—we went to a coffee-house—I did not charge him, because I thought to get my money back in the morning, when I was on the railroad—he never gave me anything—I went to bed at nine o'clock, as I could not speak to anybody—I do not know where the prisoner was—it was at a coffee-house—we could not get wine there—I had a glass of beer—the prisoner took me to the railroad next morning, at half-past nine—he promised to go with me to Liverpool—my expenses were paid by Antweiler through the prisoner—I was engaged to go to New York, and was told by Antweiler and the prisoner that the ship was at Liverpool—when I got there there was no ship there—the Dutch Consul sent me back—I did not see Antweiler give the prisoner any money.
ROBERT GIFFORD (policeman, H 89). I took the prisoner, and told him the charge—he said he knew nothing about it; that he gave the man his money at Mr. Young's public-house before he went to Liverpool.
MR. PARRY called FREDERICK YOUNG I keep the Castle, Little Alie-street, Goodman's-fields. On Monday, between five and six in the afternoon, I came home and found a cab at the door, and the prisoner and prosecutor drinking together at a table at the end of the bar—I saw Keyser pay Van Der Deyl some gold—I would not pledge myself as to the amount—they were conversing at the time—I could not hear what they said—it might have been 10l. or 15l.—I saw more than 2l. or 3l.—they left about six o'clock, in the cab—they were not sober—they were drinking all the time they were there—they had half-and-half, and a glass of rum—I have known Keyser two or three years—he used to be under Mr. Hope, to get lodgers for the house—I never beard anything against him.
ANN ELIZABETH KISSLER I keep a beer-shop, 107, Ratcliffe-highway. Keyser and Van Der Deyl came to my house that night and slept there—Van Der Deyl went to bed at nine or half-past—he was very much intoxicated, and was carried up to bed—Keyser remained, and went to bed about twelve o'clock—next morning Van Der Deyl was up first, and asked me to get him some drink—I said it was too soon, it was only half-past five—I asked him if Keyser was up—they afterwards walked away—I knew Keyser, and have never heard anything against him—I did not hear him go out after Van Der Deyl had gone to bed—Keyser was neither drunk nor sober—he paid for what they had—they slept together.
(The prisoner received a good character). NOT GUILTY
NEW COURT.—Saturday, May 12th, 1849.
PRESENT—Mr. Ald. LAWRENCE, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Second Jury.
MR. BALLANTINE conducted the Prosecution.
prisoner was not employed there—I do not know him at all—a man named Buckley was employed there—when a day's work is done, the deputy warehouse-keeper calls the names of the men over to receive their pay—they come forward, and that indicates that they have been at work.
Prisoner. There is more than one Buckley on the books—I answered to the name of Buckley in the morning. Witness. He did not—I have the names of all the men down on this sheet—there is but one Buckley which is on folio No. 6—the same men labour through the week—if there are not sufficient I get others.
EDWIN WILLIAMS I am in the service of the London Dock Company. On 7th May I called over the names of the persons who were engaged in the morning—I called over the name of Buckley—Mr. Hearn has to copy the names of the persons on the sheet, and they are copied in a book—I call from the book—there was only one Buckley that I am aware of.
WILLIAM HAWES WICKES I am deputy warehouse-keeper in the Eastern Dock, London Docks. On Monday, 7th May, I heard the names of the labourers called out by Williams in the afternoon, for the purpose of being paid their wages—I saw the prisoner there—the name of Buckley was called—the prisoner answered, "Yes," and took a half-crown-piece of me—he left, and Williams said, "I don't think that is the man"—I directed the labourers to call him back—he ran away. GEORGE ROBINS. I followed the prisoner and saw him taken. JEREMIAH FORD (policeman, K 317). On the afternoon of 7th May, I saw the prisoner in High-street, Shad well—I heard a cry of "Stop thief!"—I followed him to Lower Cornwall-street—he ran into a house—another officer went in and brought him out—on the way to the station he put something into his mouth—I put my fingers to his throat, and the other officer pulled this half-crown from his mouth.
JOHN BUCKLEY. I was at work at the docks on 7th May. I was on the muster-roll of the week—I was there from the Thursday previous till the Monday—I know the prisoner; his name is Daniel Bryant—I did not give him authority to receive my half-crown—he had worked in the docks on one occasion.
Prisoner's Defence. I answered to the name of Buckley when I went on to the work, and I thought I was called to take the money. GUILTY . Aged 22.— Confined Two Months.
(The prisoners, prosecutor, and witnesses being foreigners, had the evidence explained by an interpreter).
FRITZ TONNES I was residing with the prisoner Antweiler, as cook—he keeps a lodging-house at 49, Burr-street, Aldgate, and has another house at 44 in that street—Fieg came to lodge there five or six weeks ago—Van Der Devi came as a lodger—he was brought by a man named Keyser—Van Der Deyl gave Keyser some Russian notes—Keyser said he would get them changed—I said, "You had better get them changed by Antweiler"—Antweiler got the five notes, and gave Keyser 6l. for them—they were worth 3l. or 3l. 10s. each—I and Keyser and Antweiler went to two or three shops to try to change the notes—during that time I blamed Antweiler, and called him a cheat, because he gave Keyser only 6l. for them—the three of us then went to 44, Burr-street—I saw Van Der Deyl there—I went into the room,
in the presence of Keyser and Antweiler, and told Van Der Deyl he could not get away before Friday—he began to cry—he was a little drunk, I cannot say whether he was entirely—Antweiler said to me, "You have nothing to do with the man; I will first gain some money by him"—he pushed me away—we both went out of the door, and went to a public-house, kept by a man named Formans, and had each a glass of spirits—I was still blaming him—we left the public-house and went home—Antweiler opened the door, went in, and shut it in my face—I tried to get in, and knocked at the door—my wife came to the window and cried—I had a key to No. 49—I went in there, and over the roofs of the houses, in at the attic-window of No. 44—I went down into the dining-room—the cloth was laid for dinner, and knives and forks were on the table—there were Koenig, the prisoners, my wife, Keyser, and Van Der Deyl—the prisoners took hold of me—I defended myself and got loose again—I said to Antweiler that I would give information to the police that he had given so little money to Keyser, and wanted to cheat Van Der Deyl—I knew that Antweiler had some similar notes a year previous, and they were worth thirty florins each—the prisoners seized me—Antweiler seized a black-handled knife and wanted to stab me with it—my wife got between us and seized Antweiler's arm—the knife fell to the ground—Antweiler then put his hand into his pocket, and drew forth something with a white handle—he thrust it forward towards me, and I saw the blood flowing from my head—two blows were given me with it, and by the second I fell down—during that time Fieg had taken hold of the back part of my neck, to throw me down—I wanted to jump up, but Fieg seized me, and Antweiler said, "There, now you have got it"—I was lying on my back, and Fieg trod on my chest—I ran out of doors and cried," Police! Police!"—I fell down exhausted from pain—when the pain left me, I found myself in the hospital—I remained there nine days.
Cross-examined by MR. BALLANTINE Q. How long have you been in England? A. Two years; I am a cook—I do not know that Van Der Deyl charged me and Keyser with robbing him; he could not—I have not heard that he did it—the quarrel was not because he would not let me and Keyser rob the man—when I got up in the mornin, Van Der Deyl asked me whether his things were all right; that he had given his money to Keyser—I did not tell him it would be more right if he had given his money to me—I have been charged at a Court for fighting, and had to pay 1l., that is about three months ago; it was Antweiler's fault, he commenced a quarrel with another person—I did not cut open a man's head—I never had a complaint made against me for assaults—I got into Antweiler's house, when the door was shut, because I was afraid he would beat my wife—I did not break into the house—the window was open—my wife was crying for assistance—she said, "Come in, Fritz"—I asked her to open the door and she could not—I have seen Keyser in the dock in the other Court to-day, and Van Der Deyl as prosecutor—I do not know that Antweiler gave Van Der Deyl 13l.—I heard a little of the examination in the other Court—I did not pay much attention—Antweiler did not charge me with cheating Van Der Deyl—he told me not to trouble myself about him—I did not strike Antweiler a blow with my fist; I could not, two men had hold of me—I said, I should see if I could get Van Der Deyl away to Liverpool—Antweiler did not send Fieg to fetch a policeman; they both had hold of me—I cannot say whether Keyser broke into the house while I was climbing over the roof—when J came down, he was in the room—I cannot tell how he got there—when I went in at No. 49 he just passed me there—I had knocked at No. 44—Antweiler had the key in his pocket,
and would not let anybody in—I did not take a knife in my hand—my wife did not take a knife out of my hand—I generally wear a wig—I have not it on now as it is too warm.
MR. ROBINSON Q. How long have you been in Antweiler's service? A. About a year; he always gave me money to go out to engage people to come there—I said I would try to get Van Der Deyl to Liverpool; I meant that be should go from there by ship to America—he said from the beginning that he wanted to go to Liverpool.
ELIZABETH TONNES I am the prosecutor's wife, and am servant to Ant-weiler. On 23d April my husband was locked out—I called to him out of the window to come in—Antweiler had locked the door, and had the key in his pocket—my husband went into No. 49, and came into the house—I was then in the dining-room—Fieg, Koenig, and Antweiler were in the room—Keyser and Van Der Deyl had been in the room a little time previous, bat they had gone out—when my husband came in, Antweiler and Fieg came up to him and attacked him—the table had been laid for six persons—Antweiler took a black-handled knife from the table, which be thrust at my husband's bead; they threw him on the ground—Fieg trod on his chest, and tore the hair out of his head—Antweiler just cut my husband, and the blood came out—I tore the knife out of his hands, and threw it on the table—I then got confused—I saw Antweiler take something out of his pocket, but I do not know what it was—I saw my husband on the ground—Koenig, and the prisoners threw him down; while he was down, Koenig did not do anything to him, but Fieg trod on his chest, lifted up his heel, and stamped upon him.
Cross-examined. Q. When your husband was struck with a knife, you rushed between them? A. Yes; I only went once between them—it was not my husband that took up the knife—I saw Antweiler do it—Keyser stamped the door in, and got into the house, as Antweiler would not open it—I swear. my husband did not take up a knife at all—I took hold of the blade with my hand, and got a little cut by it—before Antweiler took the knife they were fighting near the chimney-piece, and some China fell down and was broken.
MR. ROBINSON Q. What do you mean by saying that they were fighting near the chimney-piece? A. They got into a quarrel about the Dutchman—my husband said that Antweiler wanted to get hold of the Dutchman—my husband only blamed Antweiler, and called him names, and then Antweiler took up the knife.
WILLIAM WATKINS EDWARDS I am house-surgeon at the London Hospital. Tonnes was brought there between two and three o'clock on 23d April—he was in a state of collapse; he had four wounds on the head, two punctured wounds, one incised, and the other partly lacerated—the punctured and incised wounds might have been given by such an instrument as this white-handled knife, or dagger, but not the lacerated wounds—the punctured wounds could not have been given by a table-knife; they were too small; about a quarter of an inch long—the incised wound was about an inch long; the lacerated wound might be given by a fall, or from something sharp—it might have been done by the point of a table-knife, or by a kick—the wounds were dangerous; he remained in the hospital nine days.
Cross-examined. Q. Have you been long a medical gentleman? A. I have been in practice about nine years; I have been four years in the hospital, and have been house-surgeon and dressing pupil about two years and a half—the wounds on the top of the head were about a quarter of an inch deep—it is more than one-eighth of an inch to the bone—I will undertake to say it was a quarter of an inch on the top of the head—the bone is
strong there—it wason the frontal bone, or between that and the parietal bone—the wounds reached the bone—I felt it with the point of my little finger—the incised wound might have been given with a knife—if he had not raised hit arm this might have been mortal—a man's arm could have sent this dagger to the centre of the skull—the incised wound was made by a sharp instrument—it might have been made by a sharp knife, it could not have been by a blunt one—it might have been done by the side of this dagger—it may have been blunted since—a man's head being knocked against the broken China would not have produced the wound—the incised wound might have been done by glass, the two punctured wounds could not—I cannot say whether the prosecutor was drunk; he had been drinking—that would account for the collapse, and for the hemorrhage—I understand there had been much bleeding. MR. ROBINSON Q. If a blow with great violence were struck perpendicularly with this dagger, it would have been fatal? A. Yes; but if it glanced along the bone it might not—the bone is strong enough to resist the blow if it were dealt sideways—Mr. Adams, the senior surgeon, sees all the cases twice a week—he examines how I treat the patients.
TIMOTHY CUNNINGHAM I am a labourer at Mr. Cubitt's, the builders. I was in Burr-street, between one and two o'clock on 23d April—I heard a noise at No. 44, went into the hall, and saw Antweiler throw a black-handled knife out of his hand—I think it was a black table-knife; it was covered with blood—Koenig picked it up, and ran into the kitchen with it—Tonnes was down, and Fieg hit him a kick in the side—I examined his head directly he came outside the door; it was bleeding—I took him up-stairs at No. 49—I came down, sent for a cab, and took him to the hospital.
Cross-examined. Q. Were you a friend of any of these parties? A. No; I do not know that I had seen them before, except that I have seen Ant-weiler passing and go in and out of his own house—Antweiler threw the knife away the moment I came in—I stood at the door—I saw nothing of the row—I live in Glasshouse-street.
THOMAS WEAKFORD (police-sergeant, H 5). I received information from Cunningham, and took Antweiler—I told him I wanted him for stabbing a German—he said something I could not understand—I asked him if he had a knife about him—he said something I could not understand—I asked him a second time, and he pulled this white-handled knife out of his trowsers pocket, and said, "This is not the instrument that done the wounds" as near as I could understand—I took him to the station—I then took Fieg—I could not understand what he said—I found this shirt in the room, with a good deal of blood; on the sleeves; I asked Antweiler whose it was—he said it was his.
Cross-examined. Q. Is it much torn? A. I have not observed that it is torn at all—as nearly as I could understand Antweiler, he said, "This is not the instrument"—he said something about wounds—he spoke a little broken English—I think Tonnes does not speak English so well as Antweiler.
Witnesses for the Defence. MARIA TUFFER I am housekeeper to Antweiler. Tonnes' wife is servant in the house. On 23d April I was laying the cloth—there were four French ladies in the room, and a person named Koenig—Prille was down in the kitchen—my master was in the sleeping-room with the Dutchman—they came into the room when I had laid the table—they were quarrelling—Antweiler went out, and locked the street door—Tonnes and Keyser jumped out of the window—Antweiler came back, shut the door, and locked it inside—he then went to the table and had his dinner—there were six of them—when they
were at dinner Keyser knocked the door in—while he was busy at the door, Tonnes came down and said, "Wait a little, Keyser, I will open the door for you"—Tonnes and Keyser came into the room—Tonnes called Antweiler a thief and different names—they quarrelled together—he threw Antweiler down, and said, in German, that he wanted to murder him—he took a knife from the table, but did not do anything with it—his wife took it out of his hand, and threw it on the table—I am quite sure it was out of her husband's hand that she took it—I did not see Cunningham at all—I saw all that took place—Antweiler did not take up a knife at all—I saw Tonnes on the ground—he threw Antweiler on the ground, and fell on the top of him, and I saw Tonnes once on the ground when he was at the bottom—I saw some China broken when Tonnes fell—this is part of it (produced)—he was close to the China and glass that fell—I was so frightened I did not notice whether he bled at all—I did not see Antweiler take up a knife—this dagger was not used, it was in Antweiler's bed-room—I know that, because I make the bed every day—it was lying upon the drawers—I am positive it was not used during the scuffle.
Cross-examined by MR. ROBINSON Q. Are you any relation of Antweiler's? A. No; he is not married—I have been his housekeeper eight months—the first thing Tonnes did was to seize the black-handled knife—I saw no blood on the floor—I saw a good many spots of blood against the chimney—I have seen this dagger in Antweiler's room as long as I have been there—I did not see it the day that this happened—I began to be frightened when they first fell on the ground—it did not take away my senses—I was perfectly conscious during the whole of the transaction.
MR. BALLANTINE Q. Did the prosecutor take up the knife before there had been a struggle between him and Antweiler? A. Before he had hold of Antweiler he took the knife from the table—when he first came into the room there was a quarrel between them—there was a push before he took the knife.
Fieg, in his defence, entered into the origin of the quarrel, and stated that Antweiler locked the door; that Keyser and Tonnes came and wanted to come in; that Antweiler said they should come to-morrow when they were sober; that Keyser tore at the door till the lock broke away, and Tonnes got through No. 49, got over the roofs, and came down while they were at dinner; that Tonnes went towards Antweiler and knocked him down: that they struggled by the fire-side, and during the struggle the images fell down; Tonnes fell a few times with his head against the mantelpiece; and when he could not get the best of Antweiler he took hold of the knife; that he (Fieg) took hold of it, which cut him twice, which the policeman saw; that he seized him, and his wife took the knife out of his hand, and while he held Tonnes, Antweiler went and opened the door; he ran for a quarter of an hour for a policeman, and could not find one.
WILLIAM PRILLE I am a waiter in Antweiler's house—I have been about two years in this country. On 23d April I saw Antweiler go out and shut the door, and soon afterwards I saw Tonnes and Keyser go through the parlour-window into the street—Antweiler came back soon after—I was then outside, and came in with him—he said, "They both are gone out," and he locked the door up—we then went to dinner—I was in the kitchen—Tonnes and Keyser came before the door and blew Antweiler up with bad names—Antweiler would not let them in—Keyser kicked at the door and broke it
open—Tonnes went away, and soon after, while Keyser was kicking, I heard a great noise up-stairs, and I heard Tonnes crying out to Keyser, "I will open you the door"—I heard a great noise in the passage, went up, and saw Tonnes with his back to the chimney-piece with a knife in his hand—Antweiler was lying on the ground—Fieg and Tonnes' wife came to get the knife out of his hand—Fieg cut his thumb, and his wife got the knife from him—it had a black handle—I did not see what he did with it—Antweiler got up, and went out to get a policeman—I did not see him take a knife at all—just after the row he sent me for the police—during the whole of this time this white-handled knife was not used—it could not have been used without my seeing it—I am quite sure it was not in the room—Antweiler sent me up-stairs to shut the window—I passed his bed-room door, which was open, and saw this knife there.
Cross-examined by MR. ROBINSON Q. Are you any relation of Antweiler? A. No—I never saw Tonnes down—he was holding the knife up—I never saw Antweiler with a knife in his hand—this white-handled dagger I have seen several times—Antweiler sat down to have his dinner, and I said I saw the people looking up—he said, "Perhaps Tonnes is coming in a second time; go shut the window"—when I had been up and shut it, I came down again to render Antweiler assistance—I then went to the kitchen, and Antweiler went to his bed-room—I have lived four or five months in the house—I was once in custody—it was for a little row—I was not tried before a jury—I was not charged with breaking open some emigrants' boxes.
JOHN KOENIG I was a lodger at Antweiler's, on the 23d April—I and Antweiler and Fieg dined—Tonnes came and knocked outside against the wooden wall so that the picture fell down—he then came inside and beat inside against the wooden wall, and he was calling bad names; during that time they finished dining—Antweiler was quite patient; he would have nothing to do with him—he took hold of Antweiler, who said, "Go away, be content; I will have nothing to do with you"—the knives were lying on the table—Tonnes took up one, and struck out his arm—his wife and Fieg took it away—I carried the other knives away—I had not seen Cunningham in the room, if he had been I must have seen him—the other knife was laid aside by Fieg and Tonnes' wife—I did not take that knife down-stairs—there was no young man there who could have taken it.
TIMOTHY CUNNINGHAM re-examined. This was the young man that took the knife away that was bloody—I had a smockfrock on and the cap which I usually wear.' JOHN KOENIG re-examined. It is not true that I took away any knife.
Cross-examined by MR. ROBINSON Q. Did you see Tonnes come in first? A. Yes; I was standing by the side—I did not see a knife in Antweiler's hand—I did not see any blood—I saw Tonnes on the ground—he wanted to get hold of Antweiler, and then they fell together, he on his back—I did not see him down more than once—I live with Antweiler, and am supported by him—I arrived there on 28th March.
MR. BALLANTINE Q. What do you mean by being supported by Antweiler? A. He gives me my board, but I have to pay for it—I have paid him nothing yet; a relation is going to take me to America, and will pay all I owe—I agreed to pay a florin a day (about 1s. 8d.)—there had been a struggle before Tonnes took up the knife—when he was on the ground, he was about two yards from the mantelpiece—I saw something broken from the mantelpiece the first time he fell on the ground—he then fell on the table, and then near the fire-place—I then, for the first time, saw that he was bleeding—I
am quite sure that no knife had been used by Antweiler during the whole time.
WILLIAM VAN DEE DETL I am a Dutchman, and belong to Rotterdam. I am a fish merchant—I was a witness in the other Court against Keyser—I gave my money to Antweiler, all Dutch money—I had about 15l.—Antweiler gave me the surplus of the money—I did not go to Liverpool with Keyser—they sent me to Liverpool—Keyser took the last money—he has been acquitted—I saw the row in the parlour on 23d April, one with the other, all quarrelling together—they had knives—Keyser brought me away in a cab.
Cross-examined by MR. ROBINSON Q. Did you say you saw Antweiler with a knife in his hand? A. They both had knives in their hands—I saw the beginning of it—I saw a knife in Antweiler's hand—I did not see a knife in anybody else's hand.
MR. BALLANTINE Q. What did you mean by saying they both had knives? A. I did not say so—I did not see the prosecutor's wife do anything—she said to her husband he had better give it over, because there were two of them, and he only one.
ANTWEILER— GUILTY . Aged 32.— Confined Twelve Months.
FIEG— GUILTY of an Assault Aged 31.— Confined Three Months.
Before Edward Bullock, Esq.
EMMA FOWLER Last Saturday I was coming up Barley-lane, Barking, about ten minutes past eight in the evening, I saw the prisoner with a baby—I returned in about half an hour and did not see her, but found this baby (produced) lying in the outlet that leads the water away—there was a bundle under its head, which I gave to the policeman, and gave the child to my mother—it was a month or five weeks old.
GEORGE HAWKINS I am a labourer. Last Saturday night I was going down Barley-lane, and saw the prisoner running away out of the lane—I went and saw the child lying there, and then went after the prisoner but could not overtake her—I did not know her before—I gave information.
RICHARD AMOS (policeman). I received information, and took the prisoner on the high-road, about three-quarters of a mile from Barley-lane—she was making all the haste she could—I asked where she was going—she said to Colchester, and she had come from London—I said she was charged with deserting her infant child—she made no answer, but covered her eyes with her hands.
Prisoner's Defence. I am not the mother of the child, and did not leave it there. GUILTY. Aged 25.— Judgment Respited.
MR. PRENDERGAST conducted the Prosecution.
JANE WAY . I keep the Canning beer-shop, Plaistow-marshes. Last Saturday evening I went out, in five minutes I received a message, and came back and found there was a fight, one man was on the floor—the prisoners were there—Thomas had this chair in his hand (produced), John a quart-pot—I said, "Oh! don't fight and knock my furniture to pieces; give me that chair, give me that pot"—Thomas struck me with the chair on the mouth and made it bleed, and gave me a blow on the arm—I cannot swear he did it on purpose—John rose the pot up and said he would strike me with it—I ran for the police—there was a terrible struggle in the house—I was afraid to go in the front way—I went in at the back, went into the bar, and found some of my customers were endeavouring to push out the prisoners who had insulted them—they got them out—I locked the door, and had scarcely done so when a large brick came right through the panel—I ran into the kitchen with my children, and saw no more, but heard bricks coming against the door—Thomas said, "Give me my clothes or I will pull the house down" (they had stripped in the parlour to fight).
JANE ELLZABETH DOBBING I am servant to Mrs. Way. After the prisoners were put out, a brick came through the door and struck me on the elbow, I fell insensible—I do not know who threw it, but the prisoners were outside at the time, and one of them put his head through the broken place and asked for his clothes—I went to get them, and the brick struck me.
THOMAS HARRISON I was present and saw Thomas strike Mrs. Way with the chair—she had asked him for it, and he said, "Get out of the way or I will knock you down," and struck her with it—after they were turned out, a panel of the door was sent in by the prisoners—Thomas put his head in and said, "If you don't give me my clothes I will pull the b----y house down"—he turned away, and John threw a brick in, which sent the girl flying, and it hit me on the breast and sent me about three yards and a half—he said, "It would be a mercy to kill the fellow"—I found the girl had fainted away, and ran to the door and said, "For God's sake take the men in custody, they have killed the girl," and Thomas hit me between the eyes so that the blood flowed.
Thomas Ragan. Q. How could you see who threw the brick? A. I saw through the panel—there was another man, but the Magistrate discharged him because he begged and prayed of you not to fight.
THOMAS WATKINS (policeman, K 310). I went to the Canning and found the door-panel right out—I found the girl fainting and the landlady bleeding from the mouth—she showed me her arm, it was black and blue all the way up—I received information and found the prisoners had secured themselves in a house in Plaistow-marsh, about a quarter of a mile off—several gents had followed them—they forced open the door—I went in, and found John with a poker in one hand and a pair of tongs in the other—he was going to strike me, but saw me drawing my cutlass and he said he would go quietly.
RICHARD ALLISON I am a surgeon. I examined Mrs. Way and found a wound on her lip produced by her tooth, from a blow; her arm and shoulder were bruised—the girl was fainting, her elbow was very seriously injured—there is no probability of her moving her arm for some time—it is not fractured, but inflammation is going on, it is getting worse rather than better.
Thomas's Ragan's Defence. There was a fight about a woman being insulted; three or four got up to pitch into me, and beat me with two pokers; I put the chair over my head to protect myself, and a blow of a poker broke it in
two—we went outside, and as I wanted my clothes I broke in the door with a brick and then threw it in, but not intending to hurt anybody.
John Ragan's Defence. A man took up a poker, and I took up a pot and said, "Let us have no more fighting; the next man that uses the poker I will knock his head off with the pot;" I was robbed of 5s.
JOHN— NOT GUILTY .
THOMAS— GUILTY of an Assault.
JANE ELIZABETH DOBBING When the prisoners were turned out, one of them put his head in and asked for his clothes—my mistress sent me into the parlour for them—as I was going a brick struck my elbow and knocked me down senseless—I have been in great pain ever since.
THOMAS HARRISON I saw the brick in John's hand before he threw it, and am sure he is the man—Thomas was just behind him, and threw another brick in after it, which hit me, and then Thomas threw another in which missed.
JOHN RAGAN— GUILTY . Aged 30.
THOMAS RAGAN— GUILTY . Aged 27.
Confined Two Months.
Before Mr. Common Serjeant.
Prisoner's Defence. I went into a skittle-ground, and a young man said he was going my way—he got over a gate and walked on—he came up to me again and pulled out the drake from under his smock—he said, "Put this under your frock"—I said, "No, here is a handkerchief—I tied it up, and then he asked me to put it in my coat—the officer found it there.
GUILTY , Aged 22.— Confined Three Months.
Before Mr. Recorder,
JOHN BURKE pleaded GUILTY . Aged 19.— Confined Fourteen Days.
SAMUEL WOOTEN On 14th April I was going on board a vessel lying in Barking Creek, to sleep—there were no beds ready, and I went on board a vessel where the prisoner and another were—I sat with them, and the prisoner swore he would have some pork for supper—he went and got some, and another brought a piece—I cannot tell what cask it was taken out of—the prisoner then went and took a bundle with some pork in it to his mother's (the female prisoner) house—he asked me to go with him to supper—I said it was wrong, and Mr. Sheldrick would make a piece of work about it—he said he did not care—it was-about one o'clock, and his mother was in bed—she came
down and said, "What have you got?"—he said, "Some pork I got out of the vessel"—she said, "I hope Mr. Sheldrick won't make any piece of work about it; if so I would rather not have it"—he said, "It is all right"—he went on board the ship, and I went after him—he looked in the cask and said, "The remaining part of the pork is gone"—the pork was found at his mother's house—here is 10 1l. 2lbs. weight of it.
Rebecca Burke. I said, "What is this on the table?" my son said, "It is mine; it is a piece of meat," not naming pork; he took it off the table and put it in the cupboard; I did not know where it came from; it is my daughter's house; I have lived there seventeen years.
THOMAS SHELDRICK I am the son of George Sheldrick, the master of the vessel—there was some pork missing from a cask—I know this pickled pork—just before this piece was stolen I had scraped and washed it—it was kept for the use of all the people on board—John Burke was an apprentice on board—he had a right to help himself on board, but not to take it away.
REBECCA BURKE— NOT GUILTY
SAMUEL WOOTEN On 15th April I went on board Mr. Sbeldrick's vessel—the prisoner was there—he swore he would have a bit of pork—he went out of the cabin with Burke—he brought a piece of pork in his hand and they cooked it and eat it—they might eat victuals on board.
THOMAS SHELDRICK The prisoner was employed one day and then discharged—he had no business there then—there were eleven pieces of pork in the cask, they were all gone—the prisoner had one piece in his hand.
Prisoner. A boy who has gone to sea asked me to go on board, and we had some bread and cheese; he then went and got a piece of pork; Wooten and all eat some—the next day I came and gave myself up.
Before Edward Bullock, Esq.
JOHN BARRETT. I am in the Royal Marines, at Woolwich. On Saturday evening, 7th April, about half-past seven, I saw the prisoner, he took hold of me by the throat, knocked me down, knelt on me, and put his hand in my pocket—I had a 1s., 6d., and 1 1/2 d. there—he took it out and ran away—I knew him before; he used to belong to the same company.
HENRY MOLAN I am a sergeant in the marines. On 7th April the prisoner came into the barracks at seven o'clock in the morning, after being absent all night; he is a marine—I took him into custody for being absent from nine at night till eight in the morning.
BENJAMIN FISHER (policeman R 272). I took the prisoner at the barracks, at nine o'clock in the morning—he was in the sergeant's charge; he said he was innocent. GUILTY . Aged 20.—- Transported for Seven Years.
GEORGE BROOKS I am ship-keeper on board the Queen, belonging to Sir John Rennie and another. On the night of Monday, 16th April, I was going on board, and found one of the ports had been opened; the glass was broken and had fallen inside, and the companion was broken—I went in at the cabin window and found the back of the cushions had been cut open, and nearly 40lbs. of horsehair taken away—it was safe on Saturday afternoon—I had not been there on Sunday—I had left the vessel in charge of a watchman—I have seen the prisoner about several times stealing iron.
DAVID BARKER I am a lighterman. On Monday morning, 16th April, about a quarter to five o'clock, I was at Low-water Gate, Deptford, within fifty yards of the Queen, and saw the prisoner in a boat—I have known him a long time—he took a bundle of horsehair in his arms, dropped it on Sir John Rennie's wharf, and then returned to the vessel and brought another bundle.
THOMAS COOK I am a broker, of Deptford. On Monday morning, about nine o'clock, I saw the prisoner in New King-street, with another man, with a bag of horsehair—I asked where he was going, he said to sell it—I asked him to let me look at it—he did so, but knowing his companion to be a man of good character, I thought they had got it honestly—I asked where he got it—he said out of a bed on board a ship, and asked 3d., alb. for it—I bought it of him at 2 1/2 d.—the constable then came up; this (produced) is some of it. WILLIAM CROUCH (policeman, R 361). I was on duty in Deptford, and followed the prisoner with a sack of horsehair—I got up to the shop, and found Cook buying it—I asked if he knew who he was buying it of—the prisoner said Weakling had given it to him—I said I should make inquiries, and should expect the horsehair to be there if anything was wrong—I made inquiries, and took the prisoner about eleven o'clock—I asked where he got it—he said he picked it up overboard; it was very dry. Prisoner's Defence. I picked it up and dried it.
GUILTY .**† Aged 20.— Transported for Seven Years.
GUILTY — Confined Twelve Months each.
Before Mr. Common Serjeant.
GUILTY Aged 28.— Confined One Year ,
GUILTY Aged 22,— Confined Six Months.
GUILTY . Aged 23.— Confined Three Month.
ELIZABETH DRYSDALE I am a widow—the prisoner's husband lodged in my house, and she was in the habit of coming backwards and forwards—I missed four towels and some other things—these are them (produced)—I lost them in Feb.
Prisoner. They are my own. Witness, I swear to them; they have ray needlework on them.
Prisoner. I have some fellow-napkins to these; they were made out of my husband's old shirts. NOT GUILTY
JAMES STELFOX I am in the service of Mr. John Brogden the younger—we had some boards on 17th April—I have seen the boards, which are here—I cannot swear whose they are, we use such; but there is so much timber about there—I believe they are not my master's.
JOHN EDWARDS (policeman, R 176). About two o'clock in the morning, on 17th April, I saw the prisoner take a board from a heap of others belonging to Mr. Brogden, and place it inside his garden—he went back and fetched a second, and then a third—he came out again; he saw me and slammed the door in my face.
THOMAS BARHAM I live at Greenwich. On 20th April, about eight o'clock, I was passing Mr. Beaver's shop—I saw the prisoner take the boots off the nail—he put them under his arm—I told the prosecutor's boy.
MARK DRAKE I was serving a female—she told me the prisoner had taken the boots—I went and stopped him with them under his arm—he said he had bought them at a shop, he did not know where—I gave him in charge.
Prisoner's Defence. I bought the boots at a second-hand shop; I did not take notice of the shop; I was rather too much gone in liquor. GUILTY Aged 22.— Confined Six Months.
JAMES DRY I am in the service of Mrs. Sarah Tighe, of the Broadway, Deptford. I hung this shawl and patchwork up outside the door in the morning on the 28th April—the policeman came afterwards, and I missed them.
THOMAS BRIAN (policeman, R 184). On Saturday night, 28th of April, I saw the prisoners together—I followed them, and after they had gone a short distance, Edser left the man and went in the passage of Mrs. Tighe's shop—she came out again, and then went in and came out again, and I saw she had something—Kenfield was standing about sixty yards from the shop, but in sight of it—Edser went towards him—they then went towards his house, but he kept at a distance from her—when they got to his door he stopped till she came up, and they went in together—they lived together—I
followed them in—they locked the door of their room, and I heard her say, "Shall I go and fence them"—he said, "Let us have some more"—I went to get another officer, and when we came back Edser was gone out, and then Kenfield went out—we went down in the passage, and stopped about three hours—they then came home; I said to Kenfield, "Have you anything in your room"—he said, "No, you are welcome to look if you please"—we went, and found these things in the room.
Kenfield. Q. Why did you not take this woman at first A. I could not have caught you if I had.
GEORGE RUGSLEY (policeman R 287). I went to the prisoner's house—I saw the man go out—I waited about three hours, and then went into the room—these things were under the bed—the prisoners were there at the time.
Kenfield. This man came to the station door, and said, "I have got you now; I will give you fourteen years." Witness. I did not; I was passing the cell, and he said, "You have got a shilling of my money, I require something to eat"—I said, "It is not in my power to do it"—he said, "You b—r you won't do it," and struck me in the eye.
Kenfield's Defence. All I have to say is, I have bad no work all the winter—this girl is on the town and she kept me—she went out that evening and asked me if I would meet her—I said I would if my clothes were dry—I went out at twenty minutes past nine o'clock; we went to the Ship and Billet, and then returned home—the two policemen were there; I said, "What do you want here"—one said, "Were you not up New Cross-road?"—I said, "No, I was not"—I went up and unlocked the door—the officer came, turned the bed up, and there lay the patchwork and shawl—this officer has told me two or three times that he would have me.
Edser. The officer took something out of his pocket, and threw it down, and said, "That is what I want."
ANTHONY COOPER (police-sergeant, P 34). I produce a certificate of Kenfield's former conviction—(read—convicted 3d July, 1844, transported for seven years)—he is the man, and this is the sixth time I have known him to be in custody since then.
KENFIELD— GUILTY . Aged 31.— Transported for Ten Years. EDSER— GUILTY . Aged 26.— Confined Three Months.
Before Mr. Recorder.
JOHN CARPENTER (police-sergeant, R 38). On 10th April, I was on duty at Greenwich fair, in plain clothes—I saw the prisoner go behind a gentleman, and stand very close to him with his hands in front of him—I could see from behind him that his elbows were moving, but I could not get to see what his hands were doing—he went from that gentleman to another, and stood in the same position—I could see his elbows moving as before—he then went to a third gentleman, and then to a fourth—I then saw him go to a fifth gentleman, and he took this handkerchief from his hind coat-pocket, and put it in his coat and came out from amongst the people—I told the gentleman he had been robbed, and if he would come with me I could find the handkerchief; but he went one way and the prisoner another—I followed him—he went out of the fair and into a passage leading from the market, and I saw him undo the
fly of his trowsers, take out four handkerchiefs, and put them in his coat-l got another officer who was in uniform, and X challenged the prisoner, and asked him where he came from—he said, "From Woolwich"—I said, "I am an officer; I charge you with stealing a white handkerchief from a gentleman"—he said, "I have not stolen a handkerchief, neither have I a white handkerchief about me"—I then pulled out from his coat these four silk-handkerchiefs, and ultimately this white one from his shoulder—he was then very violent, and threw my brother constable on the ground—I was obliged to use violent means, and threw him down and handcuffed him—I made him pull his clothes off—I found under his trowsers these other four handkerchiefs—there were eleven handkerchiefs found in all—I found on him this Russia leather cigar-case—a sergeant attended from the regiment the prisoner belongs to, and stated that he had been ten years in the service.
Cross-examined by MR. MELLER Q. This was at night, and in Greenwich fair? A. Yes; it was in front of Richardson's show—it was crowded—there was not a dense crowd—there was a great deal of light from the show, and from a public-house in front of it—there was a space in front, before the show, with a great concourse of people, and behind them an open space—the prisoner's face was turned towards the show, but I do not believe he was looking at it—he was about the width of this Court from it—he went to five gentlemen in all—this handkerchief belonged to the fifth—it occupied from a quarter of an hour to twenty minutes—he went up close behind the gentlemens' backs—I do not know what became of the first four gentlemen—I did not see them robbed, or I would have gone to them—the fifth was the only gentleman I saw robbed—the prisoner did not tell me that he found these handkerchiefs in a bundle—he said that before the Magistrate—I believe it was the fifth gentleman whose pocket I saw picked—(looking at his deposition)—the fourth is stated here, but I stated several others before the Magistrate—one of the handkerchiefs had some halfpence tied in the corner of it, and when I pulled it out from his bosom the money fell on the ground. JOHN ARGUST (policeman, R 297). I assisted Carpenter in apprehending the prisoner—I saw four handkerchiefs beside this white one taken from his breast—he made great resistance—I found two handkerchiefs on him in addition to the nine found by the other officer, and one pair of gloves, and one odd glove—he appeared sober when we first took him, but be afterwards appeared very drunk—it was only sham.
GUILTY . Aged 30.— Transported for Ten Years.
WILLIAM SMITH I sent my daughter to fetch some articles from a pawn-broker's in High-street, Deptford, on Monday morning, 9th April—I have since seen the articles which I sent to redeem—I went with the officer to a house, and found a handkerchief in which the things had been wrapped—this is it.
Prisoner, That handkerchief I brought from Ireland—there is a bit of a hem on it; it was torn through, and I sewed it on board ship.
Witness. My handkerchief has got the Royal Exchange on it—there is no such thing as she speaks of that I know of.
MARGARET SMITH I am daughter of William Smith; he gave me money to go to Mr. Harris's shop to get out a pair of trowsers and a waistcoat—I got them—I saw the prisoner standing next door to the shop, and she said to me, "Will you go to the baker's and get two loaves?"—I said I was in a
hurry—she said I had better go—I said, "Very well"—she took my bundles, and I went—the baker said to me, "Had you two bundles?"—I said, "Yes"—he said, "They are run away with"—the trowsers were in one bundle, and the waistcoat in the other—this handkerchief was round them; I know it by its being torn down here, and mended up a little—I am sure the prisoner is the woman.
Prisoner. I left it on the table in the room.
Prisoner's Defence. A woman sold me the tickets for 2s.
GUILTY Aged 25.— Confined Two Years.
(There was another indictment against the prisoner).
MARTHA ALLEN I am single; I live in Church-street, Deptford. I was passing the prosecutor's shop on the afternoon of 25th April—I saw the prisoner take a piece of mutton from the stall-board, and conceal it under her shawl—I told the prosecutor, and she was stopped—she dropped the mutton at Mr. Worth's feet.
Prisoner's Defence. I did not take it; I found it on the ground.
JOHN WHITE (policeman, R 180). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted July, 1848, having been before convicted—confined six months)—the prisoner is the person. GUILTY . Aged 64.— Confined Six Months.
WILLIAM SMITH I am a farmer. The prisoner was in my employ at weekly wages—it was his duty to deliver straw for me, to receive the money, and to pay it to me when he came home at night—he had straw to deliver on 5th May; if he received 3l. 5s. for it he has not delivered it to me—the prisoner told me to book it to a Mr. Green, Walworth-road—I have not been able to find such a person.
Cross-examined by MR. PARRY Q. Has he been allowed to sell on his own account? A. No; I did not know Mr. Billiter—I do not know that he knows me—the prisoner had 18s. a week.
Cross-examined. Q. Have you any recollection of this matter? A. No; only from my book, which is not here—I recollect the prisoner; he has sold to me before, and since that transaction.
COURT Q. Do you ever write in the book without having bought? A. No; I have a copy from the book which I took myself—I do not recollect making the entry; it is in my handwriting—I have a receipt at home, I did not think it necessary to bring it.
Before Mr. Recorder.
ISAAC GREEN I am a sawyer, and live at Barnes. On the morning of 30th April, I was walking towards Barnes—it was just after twelve o'clock when I started from Richmond—I had met the prisoner there at the Locomotive, and drank with him at the Bricklayers' Arms at Richmond—he made a call on some friends, and I waited for him half an hour—when he came out, he put his hand on my shoulder, and asked if I was asleep—I said, "No, not exactly asleep"—I was a little the worse for liquor—my hat fell off; I reached after it, but did not get up after it; I picked it up, as I expected, and put it on—after he was gone, I missed my handkerchief, neckcloth, knife, 3s. 6d., and a halfpenny, which had a mark on it, and which I had had more than four months—I spoke to a policeman, and followed the prisoner, and met with him at Blue Anchor-passage—he had my hat on, and I had his—I found that the lining of my hat had been torn, and the maker's name taken out.
Cross-examined by MR. PARRY Q. This was on Monday morning? A. Yes; the hat the prisoner left was not so good as mine—I was the worse for liquor, and had the toothache very bad—I had been with the prisoner about two hours—we had drunk three or four pints between three of us at the Locomotive—I had not drunk at any other place—I do not know whether he was drunk—I did not get to Richmond till between four and five o'clock in the afternoon—I paid for some of the beer at the Locomotive—I cannot say whether the prisoner paid his share—I saw the 3s. 6d. safe at the Bricklayers' Arms when they were shutting up at twelve—my handkerchief and tobacco-box, were in my right hand pocket—I was not so drunk that I put them all into my hat together.
DANIEL LANOFORD (policeman, V 187). I met Green on 30th April—I found the prisoner in Blue Anchor-passage—Green said, "That is my hat"—it was on the prisoner's head—I took him into custody, and found in the hat this handkerchief—he took the tobacco-box and knife from his pocket—at the station I found a half-penny, a halfcrown, Is. 6d. and two 4d. pieces in silver, and 2 1/2 d. in copper—he was quite sober, but Green was a little the worse for liquor—when I took the prisoner he said he had often played such tricks before—he said it seriously—he did not add anything to it—the hat had the lining torn out.
Cross-examined. Q. How long have you been in the force? A. Two years and eight months—I understood the prisoner when he said he had often played such tricks before, to mean he very often robbed people on the highway when they were drunk—I did not know him before.
HRNRY VERNON PARKER (policeman, V 36). On 30th April, about two o'clock in the morning, I was on duty at Richmond, and saw the prisoner standing outside the Artichoke—I asked him where he came from, and where he
was going to—lie said he wag going to Kew, and coming from London—about an hour after that I met Green, and went to where I had seen the prisoner standing, and found this part of the lining of a hat (produced)—"London Hat Company, George-street, Richmond," is on it—it corresponds with what is deficient in the hat.
Cross-examined. Q. Did the prisoner appear as if he had been drinking? A. I supposed he had; he had a pipe in his mouth—he had the hat on—the Artichoke was shut up, and he was standing outside—he did not say he wanted some drink.
ISAAC GREEN re-examined. These are my things—this is the sort of lining that was in my hat before I lost it—the halfpenny was taken from my right waistcoat-pocket, the knife from my trowsers-pocket, and the handkerchief from another pocket—I treated a woman to some drink at the Locomotive, for which I gave 1s., and had change. MR. PARRY called
JAMES HARM IS I am principal waiter at the Royal Hotel at Richmond. I employed the prisoner there on Sunday, 29th April—there was a deal of plate and valuable property there, not marked, and nothing was missed—he had been drinking various kinds of drink in the afternoon, and about ten o'clock he was intoxicated, and I sent him home—I paid him a half-crown and 1s. for his day's work. (The prisoner received a good character.) NOT GUILTY
HENRY STEELE I am a linen-draper, at Richmond. On 5th April I missed a length of watered black silk, about twenty yards—I have since seen it—I have known the prisoner about two or three years as a chance customer at my shops at Hammersmith and Richmond—a piece of mouslin-de—Iaine and some woollen end cotton cloth have also been produced to me which are my property—I had not missed them—I had not sold them or the silk, neither can I find any one in my establishment that has—none of my shopmen are here—the marks ought to be removed by my shopmen when they sell goods—I have seven male assistants and two females—I cannot swear that none of my assistants sold the articles in question—the prisoner was not detained with the goods on her.
GEORGE WOODS (policeman, V 209). I took the prisoner into custody; she refused to give her name and address, but from inquiries I made I found she lodged at Mrs. Peters's beer-shop in the Lower-road, Richmond—I went there, and unlocked the door with a key—the prisoner said in my presence that the key was hanging in a certain place; I did not distinctly hear where—in a box in that room I found this piece of black silk, this worsted plaid, and this de-laine dress.
SARAH PETERS I keep a beer-shop in the Lower-road, Richmond. The prisoner lodged with me—I saw these articles found in her box in her bed-room—I always thought her very flighty—she never drank anything—I know nothing of these things, except that they were found in her box.
Cross-examined by MR. PRENDERGAST Q. You observed that she was very flighty and different from ordinary persons in her habits altogether? A. Yes; at times—I have said so many times—she generally hung the key of her room outside the door, in a dark place.
There being no evidence that the articles in question were not sold, the COURT directed the prisoner to be ACQUITTED
GEORGE WOODS (policeman, V 209). On Saturday evening, 7th April, I was on duty in Church-court, Richmond, and coming into the street towards Messrs. Bryant and Fields, I saw the prisoner standing near the pillar under the front of the shop—there was a good deal of property outside the shop for sale, and among other articles a piece of huckaback—I saw the prisoner stoop down and take up the huckaback and endeavour to conceal it under her shawl—she entirely lifted it from the place it rested upon, and got it into her own possession—she covered it partly with her shawl, and turned round hastily into a public thoroughfare; when she had got several yards she looked round, and saw me—she immediately turned back again; and said, "Oh, I was going inside to ask the price of it"—her back was turned to the shop, and she was going away from it—she had got between six and seven yards from the place—I stopped her, and called Mr. Field; he came to the door, I related the circumstance to him—he seemed inclined to think, in consequence of her respectability, that she did take it up for that purpose—she resisted violently, and I called him to assist me—she broke away from me once, but I caught her by the dress again—she refused to give her name or address—I made inquiry, went to her lodging, and found a great quantity of property there, and also at another lodging—I found a quantity of ribbon, in her box, at Mrs. Peters', which I produce.
WILLIAM CLARK , I am in the service of John Bryant and William Field—this huckaback is their property; and this ribbon also—I have no means of showing that the ribbon has not been sold—I have seen the prisoner in our shop.
COURT to GEORGE WOODS Q. Was her mode of taking the huckaback such as to show any endeavour to conceal it from persons in the street? A. Yes; she endeavoured to cover it over with her shawl—when I took her into custody, on going along the passage to the inspector's room, she made a resistance—I put my arm round her and found a string—I gave a sudden jerk, and this black apron fell from her (producing it)—it is made so as to form a large pocket—it would contain a great many things—there is a victòrine and five collars in it now—they were not in it at the time—I found the victorine at her lodging afterwards—they are claimed by a Mr. Carter, whose shop she had been into a short time before to purchase a pennyworth of ribbon—the string that fastened this apron round her waist is very strong; it would bear almost anything.
Cross-examined by MR. PRENDERGAST Q. Did you find some of the things at Mrs. Jackson's, her aunt's? A. Yea.
COURT Q. Have you found any goods made up as for use. or any made away with? A. I found two or three duplicates; one for a shawl and piece of flannel, and one for two pieces of print, but I have not traced them to belong to anybody in the neighbourhood.
MR. PRENDERGAST called
ELIZABETH JACKSON I live at 3, Grove-place, Hammersmith. I have known the prisoner from her infancy; she has been living chiefly with me for the last seven years—I had no idea that she had any lodging at the beer-shop at Richmond—I have missed her at times, but I thought she was at home at her mother's—my house is about five miles from Richmond—I always supplied her with the means of living while she was with me—she
occasionally gave lessons in music—a great many of the articles that were found by the police in her room at my house are things which I know she hat had for years; some of the shawls have been bought with my money—she was supported by me; she had no regular funds to spend; she could get enough by teaching for her own purposes—she has always been a very well-conducted person—she was not flighty only since her head has been so bad, within these six years—she had an attack of brain fever last Aug., and bad her head shaved, and since theu her conduct has not been rational.
COURT. Q. Did she do anything under your roof to give you the idea that she did not know right from wrong? A. She did not do anything under my roof particularly—I felt uneasy about her at times from her manner, and she was always complaining of her bead—she was capable of attending to her music—I have never seen this large black pocket in her possession—she liad left my house the morning she was apprehended.
JOHN BETTS . I am a surgeon and apothecary, and live at Hammersmith. Mrs. Jackson lodges at my house, and the prisoner with her—I have known her nearly ten years—I remember her having the attack of brain fever; it was the opinion of myself and a brother practitioner that the probability was she would not recover with the use of her senses—she has been very strange and eccentric since that time—I have observed her shy her friends; if she saw them in the street, she would look round the corner and cross the street, and not meet them—I am of opinion that her mind has been affected, especially since that illness—I have had frequent opportunities of seeing her.
COURT Q. Are you able to say that she is not capable of distinguishing right from wrong, or that she labours under a delusion that she must go about taking the property of other persons? A* I could not go that length; such persons are very shrewd and cunning at times; they may not be insane on all points; it may only be on one particular point—she could have no object in stealing, and she did nothing with the things when she had them—her mother lives at 14, Denmark-street, Soho.
SARAH PETERS The prisoner only lodged at my place a night now and then, once in a week, or nine or ten days—I have seen her skipping up and down the room for a long time with a skipping-rope—I never knew her take laudanum or drink anything—she would shut herself up in her room in the dark, and put the candle out on the stairs, and then take it in again—we did not know but that her friends were aware of her lodging with us—she always paid her rent once a month; it was 18d. a week—she only had one room; it was a room separated from the beer-shop, in the back premises—I never saw any of these things till I went into the room with the officer—she went in and out without my knowledge; she went up a side-gate—she was often there when I did not know it, and I only knew of her being there by hearing her playing her music—she had a piano in the room—she used to eat and drink in a strange manner; she never had any meat, only gruel and stuff, she was of such a hot nature; she complained of a burning heat.
MRS. JACKSON re-examined. She has complained of the same thing to me, and always complained of her head—she was very odd; she would turn away from the table at dinnertime and eat at another table without any motive.
Prisoner. The lodging was hired for me by my aunt. Witness. I knew nothing at all of her having this lodging, or of her having any box there.
GEORGE WOODS re-examined. She has been lodging at Richmond for the last four or five years, occasionally, to my knowledge, although she generally resided with Mrs. Jackson—it was at that lodging that many of the stolen things were found—one gentleman identified 11l. worth of property—I showed
Mrs. Jackson the things before I took them away, and anything she said she had purchased I put on one side.
GUILTY Aged 30.— Judgment Respited.
(There were two other indictments against the prisoner; and policeman Woods stated that he had found 45l.-worth of property in the prisoner's boxes, 25l. worth of which had been claimed as having been stolen,)
Before Mr. Justice Coliman,
MR. E. PLATT conducted the Prosecution,
RICHARD ILES . I am a smith and bell-hanger, and live at New-cross, Deptford—I have known the prisoner for the last seven years—I have employed him to deliver orders for goods for me. On 15th Nov. last I gave him this order on Messrs. Price, of 16, Newington-causeway—(read—"Sir, Please to send me fifteen fly-cranks by the bearer, and I will mount then myself; sink brass-pull, twelve check-springs, half a gross of three-quarter screws, three more levers. Yours most respectfully, RICHARD ILES .")—when I gave it to the prisoner the order was for the fifteen fly-cranks only, at 1s. 3d.—the rest has been added—when he came back he gave me the fifteen fly-cranks, and nothing else—I did not order the other things, or tell him to put them in—I am well acquainted with his handwriting, and can swear that the addition to the order is his writing—I never authorized him to I do it—I did not see him again for some time after—the articles have been charged to me by Messrs. Price.
Prisoner Q. Will you swear you did not authorize me to write this? A. I do—I did not have this sink bell-pull, or any of the other things—I was tried here last August about some tools which I pledged to get some drink, but I did it with the carpenter's consent, and was honourably acquitted—I was sent to Maidstone for three months, under the Vagrant Act.
WILLIAM HENRY PRICE . I am an ironmonger, at Newington-causeway On 15th Nov. the prisoner brought this order to our shop, and said he brought it from Mr. lies, and wished to take the goods back with him—I believed it to be Iles's order, and supplied him with all the articles, except the sink bell pull, which we bad not in stock, he came for that next day and had it—we debited Iles with all the articles—we have supplied him with goods for nearly twelve months.
Prisoner Q. Did not you write a note on the bill, saying you had not got the brass sink-pull, but you would get it? A. I am not aware of it—I did make a bill of the goods—my brother served you the next day—we gave Mr. Iles credit for the articles—something has been mentioned about his having a Chancery suit coming on, but we gave him credit before be mentioned anything about that—he did sign a paper that we were to have 500l. out of the Chancery suit if he won it—we were not to assist him in it—I am not aware why he did that, except it was through friendship.
JOHN WORBY . I am a locksmith and bell-hanger in Manifold-place, Lambeth. About 1st March last I purchased of Mr. Juniper a pawn-ticket of some ironmongery goods in pledge at Mr. Hawgood's, in the name of Warman—these are them (produced)—there is no date on the ticket, it is torn off—I paid for the things and took them out.
HUMPHREY JUNIPER . I am a smith, and live at Oak Cottage, Pomeroy-street, Deptford—I sold this ticket for a pair of vices and a pair of pincers to Worby—I got it from the prisoner—he said he had been doing a little
writing for some party, and had been compelled to take the goods forthe money.
JAMES MORTHAM (policeman, M 178). I produce the ticket; it refers to some bells and other things; I got it from Mr. Hawgood, the pawnbroker, in the Old Kent-road, about 11th April—I took the prisoner into custody the same evening, and asked him whether he knew a person of the name of Juniper—he said, "Yes"—I said, "Do you know anything about him?"—he said, "Yes, I know no good of him"—I asked him whether he knew anything concerning any bells—he hesitated—I said, "Do you know Mr. Hawgood's, in the Old Kent-road?"—he said he gate a ticket to Juniper to dispose of for him—I then told him who I was, and I should take him into custody on the charge—I produce four 10oz. bells, five bell-pulls, fourteen driving-cranks, and seven levers—there are no screws.
WILLIAM HENRY PRICE re-examined These are similar articles to what we delivered—I cannot swear to them, there are so many of the same kind gold—we have given lies credit for about 25l.—we did not expect to be paid out of the Chancery-suit; it had nothing whatever to do with it.
Prisoner's Defence I have gone there for Mr. Iles five times, and he has authorized me to get extra articles, a great part of which he has had, and the other things he has given me instead of money; he has not given me One halfpenny for my loss of time—this prosecution is only to get me out of the way, as he expects a prosecution himself, and I am a witness against him; the prosecutor has above 12l. of this property in pledge at this time.
MR. O'BRIEN conducted the Prosecution.
CHARLES JAMES . I live at 49, Lower Marsh, Lambeth, and am a grocer and cheesemonger. On 25th April, between eleven and twelve in the morning, the prisoner, who I had never seen before, came to my shop and told me he had brought me an order to supply the regiment with coffee, tea, sugar, pepper, mustard, and salt—he was dressed as a soldier, and had his band on—he ordered a quantity of goods—I wrote them down, and he signed his name to them—I asked him who I was to look to for the payment, and he said, "Sergeant M'Intosh, of the left flank Fusileer Guards, will pay you as soon at the goods are weighed and found correct"—as he was going out he returned and gave me a further order for the non-com missioned officers—I asked him to have a glass of ale, and while going to the the public-house for it he said, "You have to thank me for getting this order for you; what are you going to stand for myself?—you will bear in mind it is an order to be sent every day"—I gave him half-a-crown—he then left, was away about three-quarters of an hour, then came running in and said, "I have made a mistake in giving you the first order; I have now got Sergeant M'Intosh's order, and here is his name"—I took the things down on some paper, afterwards asked him for the order, and he left it with me—this is it (read—"26th Feb., 1848,—Sir, you will serve the battalion with grocery—Sergeant M'Intosh")—it also enumerates the articles ordered—he told me he had given the half-crown to the cooks, and asked for another for himself—I was to meet him at the Park-gate at four o'clock, and I said when I got the money from Sergeant M'Intosh I would give him something else—while I was speaking to him a neighbouring grocer sent his man to speak to me—the prisoner saw him coming and ran away as hard as be could—the goods were
to be delivered at the Wellington Barracks, in St. James's-park—I found that none of the regiment were stopping there—the prisoner was to meet my boy at four at the gate, and I said I should come round with him—I was almost afraid it was a do—I went to the gate, met one of the Coldstream Guards, and he told me there was none of the regiment there—I saw the prisoner between seven and eight in the evening near the Victoria Theatre, and gave him in charge—at the station he said he was not the man, and had never seen me before—I am quite positive he is the man—I did not part with any of my goods.
DANIEL HAMPSOK I am pay-sergeant of the left flank Company of the first battalion of Fusileers, which is stationed at St. John's Wood barracks—the prisoner was a private in that company—I knew a sergeant of the name of James M'Intosh—he died on 4th last March—there is no other sergeant of that name in the battalion—orders for goods for our company are given through me or the commanding-officer—I order a man to purchase them, and give him the money—he pays ready money for them—no one but those J authorize have authority to purchase goods—this order is not Sergeant M'Intosh'8 writing—I have seen the prisoner write—I believe this signature, "James Mills," is his.
CHARLES JAMES re-examined. This is the first order he gave me, and being a stranger, I said, "You had better sign it; put your name to it," and he said that would act as a pass at the gate—the order is my writing, and the signature the prisoner's.
HENRY MORTON (policeman) On 25th April, in the evening, the prisoner was given into my custody, charged with forging an order, and also receiving money under false pretences from Mr. James, in the New Cut—he said he would settle that in about five minutes—at the station he said he did not I know Mr. James, he had never seen him before.
GUILTY . Aged 23.— Confined Six Months
(There was another indictment against the prisoner for obtaining the half-crown by false pretences.)
MR. PARNELL conducted the Prosecution.
MATTHEW HANNON I am a smith. On 3d April I was in the employment of Mr. Hussey, of Red Lion-street, St. Saviour's—the prisoners and another brother, Matthew, were in his employment also, and were discharged at eleven o'clock that day—George is only nine years old—they came to the workshop that afternoon, between two and three—William and Matthew were the worse for liquor—William came up to me, and said, "You think you have got my job"—I was at work on a small ring—that was not his job at all—I told him I had not, and if he thought so, to go to Mr. Hussey and see whether I had or not—on that he asked me to fight—I told him I did not get my living by fighting—he then caught hold of a hammer, and said he would sink it into my head—I put up the Ting and the tongs, which I had in my hand, to ward off the blow—he took the hammer and knocked the ring and tongs out of my hand, and immediately on that Matthew seized hold of me—we got into a scuffle, and fell on the forge together—George seized hold of this piece of iron, (produced,) which we use as a candlestick, and William called out to him to strike the b—over the head, and he struck me over the head, and caused a wound—I fell to the ground, was stupified, and Matthew
kicked me all over the body—Allen came to my assistance, and took Matthew off me—I was taken to the hospital, had my wounds dressed, went home, and was confined to my bed-more than a fortnight—I suffered particularly from the blow on my head—it was a scalp wound—the skin was broken, and is so now.
Cross-examined by MR. BIRNIE Q. Which of the prisoners inflicted the blow on your head? A. George—I had only come into Mr. Hussey's employment on the Friday before this took place—I had known William Hall five or six years by sight, and worked with him four or five years ago—I never struck him or attempted to do so during the struggle—I think all of them were the worse for liquor; I cannot tell you whether George was—all the injury I received was from George, who did it by his brother's instruction.
THOMAS ALLEN I am in Mr. Hussey's service—I was in the shop on 3d April, and saw the prisoners and Matthew Hall come in—William seized Han non by the waistcoat, and took up this hammer and threatened to drive it through the front of his skull, and Matthew said, "Hit him, you b—, hit him"—they went scuffling round to the forge, pushed Hannon on the top of it with his face downwards on the top of the fire—I then went and assisted him, and pulled them back off the forge—the two others were standing at the side—Harmon's head was covered with blood—I did not see how that was occasioned.
Cross-examined. Q. Who did you see quarrelling? A. William—I did not hear him challenge Hannon to fight—both William and Matthew assisted in pushing Hannon on the forge, and Matthew fell on the top of him—William struck him with the hammer on the arm—I did not see George strike him at all, I was keeping Matthew back at the time—Hannon had tongs in his hand, which he put up for self-defence—I do not know that any of them were the worse for liquor—Hannon was not excited or angry, he was at work at the forge as quiet as could be—he did not strike at all in his own defence.
WILLIAM WEBSTER I am a smith. I was working at Mr. Hussey's, and saw the three Halls come in—they passed me in the yard, and asked whether Mr. Hussey was in the shop—I said, "No," and directly they got in the shop I heard words, ran to the shop, and saw William Hall standing over Hannon with a hammer in his hand, and Hannon was holding up a ring he was working on to defend himself—William struck him on the arm, and knocked the ring out of his hand—Hannon then ran away from him, and was stopped by Matthew—there was a struggle, and they forced Hannon on the fire—George then struck him on the head with this candlestick—I took it from him—Hannon had only been in the employment three days—I have not seen Matthew Hall since.
Cross-examined. Q. How were the parties when the blow on the bead was struck? A. William and Matthew Hall were struggling with Hannon, who was lying on his back on the forge, and George struck him with the candlestick while he was in that position—one of the witnesses forced Matthew away—William urged George on to. strike Hannon—he said, "That's right, George, hit him with it"—I believe the prisoners had had something to drink, but they were not to say intoxicated.
THOMAS JACKSON (policeman, A 500). I took the two prisoners on 3d April—I told William I took him for assaulting Matthew Hannon—he denied it at first, and said he did not know anything about it—he then said he went to the shop and offered to fight him with his fists, and that he would not fight—he then denied striking him at all—he said at the station that he struck him with the hammer—George said he was there, but did not strike him, be
said it was his brother Matt, that struck him—I have not been able to find Matthew.
WILLIAM HALL— GUILTY Aged 27.— Confined Six Months.
GEORGE HALL— GUILTY of Assault only Aged 9.— Confined One Week ,
Before Edward Bullock, Esq.
1191. GEORGE WAITE , stealing 1 waistcoat and other articles, value 3s. 3d.; the goods of Henry Coombs; and 1 glass and 1 soap-dish, value 1s. 4d.; the goods of William Newman; also 1 powder-flask and bag, value 2s.; the goods of William Baldry; to which he pleaded
GUILTY . Aged 36.— Confined Two Months. (The prisoner received a good character.)
FRANCES OWENS I am the wife of Luke Owens, and am a laundress—the prisoner was in my employ—these articles produced were in my custody to wash—I missed them on 23d or 24th May last year—I had no suspicion of the prisoner—she left of her own accord to go to a gentleman's house—I went with a policeman to her lodgings at Petersham next door to me.
WILLIAM SELBY EDWARD (policeman, V 32.) I took the prisoner on 16th April at her mother-in-law's—she showed me her box, I found several duplicates in it—I found some napkins, towels, and a pillow-case, which Mr. Owen identified—the prisoner was not present.
HENRY WILSON I am a boot-maker. The prisoner lodged with me at Petersham in May last year—she left early in June, leaving a box with me—I unlocked it to take out some duplicates for her brother and sister, and left it open—it was the box the policeman searched.
Prisoner's Defence. The things came with my dirty clothes; Mrs. Owens owed me money.
MRS. OWENS re-examined. I did owe her money. NOT GUILTY ,
Before Mr. Common Serjeant.
Prisoner. Q. Were not you tipsy? A. Not when I left the house—I did have a glass of vinegar to drink, that was because I like it—I went home with you and Mrs. Baker and had half a gallon of beer—I came home tipsy at two o'clock in the morning—I do not recollect falling down stairs—I did not give you the handkerchief.
MARTHA BAKER . I am single. On 7th March the prisoner took a furnished room of me and my mother—I missed a frying-pan (produced), it is my mother's, Martha Baker—I recollect the row with Wallman—he was sober when he left home—I saw the handkerchief on the table wet with vinegar—I found this duplicate in a pocket-book on the mantel-piece.
SAMUEL CROSS (policeman, M 88). I took the prisoner—Miss Baker gave me a duplicate, which I took to Mr. Boyce's, and found this handkerchief—she swore she had never seen it until it was produced, and then she said she found it at the door.
Prisoner's Defence. I picked up the handkerchief; I had not seen the frying-pan since I used it on the Saturday.
GUILTY . Aged 32.— Confined Six Months.
ELIZABETH SIMMONS I am the wife of Richard Simmons. On the 14th April, about five in the afternoon, I was in the Waterloo-road with Ann Simmons—I heard a halfpenny fall—I turned round to look, and felt a man pull his hand out of my pocket—I missed my purse containing two sovereigns—to the best of my belief it was the prisoner.
Prisoner Q. Did you see my hand in her pocket? A. No, but I saw you at her side, and nobody else was there, and I bad noticed you before, it happened standing at the corner of St. Andrew's-terrace—I am sure of you, I picked you out from others—I only saw your side face.
Prisoner Q. Were not you talking to the waiter at a public-house the evening before you took me? A. Yes; if I had seen you then I should have taken you.
GUILTY .** Aged 22.— Transported for Seven Years ,
Before Edward Bullock, Esq.
MR. PRENDERGAST conducted the Prosecution,
JAMES RICHMOND SMITH . I am a linen-draper, of 134, Tottenham-court-road. In December last, the prisoner called to solicit advertisements for the Watchman newspaper, and I gave him three insertions—he afterwards called several times to solicit advertisements for different papers, and I offered to pay my account—he said he was not authorized to take it; some one else would call for it—I had the account sent by post—on 29th January he called—he said he should be much obliged for the small account, and I paid him 1l. 6s., and he gave me a memorandum.
Cross-examined by MR. PARRY Q. Did you know his name? A. Yes; he signed "Leigh;" I did not know it before—he had often called for advertisements before—no other parties called from the Watchman—I suppose I gave him a sovereign and 6s. I will not swear what coin it was—the advertisements were inserted.
JOSEPH WITHERS I am in the employ of Messrs. Stevens, of the Borough. The prisoner called on us, and I gave him instructions to insert something in the Watchman newspaper—he called on 20th Feb., and said he came for the balance due to the Watchman newspaper—he got 5s., the balance for four insertions.
Cross-examined. Q. Had they been inserted? A. Yes; I believe we had never before advertised in the Watchman.
GEORGB FREDERICK DAVIES I am a woollen-draper in the Borough. I paid the prisoner some money, and he gave me this receipt, which he wrote in my presence—(read—Received of Messrs. Paine and Co. for the proprietors of the Watchman newspaper, for two insertions, 5s. Feb. 5, W. T. Leigh)—Mr. Paine is my partner.
THOMAS JUDSON MORGAN I am publishing clerk at the Watchman office. The prisoner occasionally brought advertisements to that paper, and we allowed him 20 per cent, upon them—we gave him that before we received the money—he was not authorized to receive money—I have told him several times that he was never to get any money—he has never paid over these sums.
Cross-examined. Q. Is it always your custom to pay the commission before the account is paid? A. No; the prisoner always received it so—I generally paid him on the Thursday—he has collected advertisements eight or nine months, and has brought money to me once or twice, I have then received the money—I remember his receiving 11s. of a person named Dixon. in Oct. 1848; he retained that for a fortnight—he brought the money and the advertisement together—he has borrowed money of me and paid me out of the commission he has received—I have sometimes had two I. O. U.'s of his at a time—I did not always pay him beforehand—sometimes he brought advertisements at the beginning of the week, and Thursday was the pay-day—he never mentioned these matters to me—Mr. Gawtress, the editor, is not here, but he told the prisoner in my presence that he was not to collect any money.
MR. PRENDERGAST Q. How was it he brought you the 11s. and the advertisements at the same time? A. He brought the money for an outstanding account, and brought another insertion at the same time.
(The prisoner received a good character.) GUILTY Recommended to mercy by (the Jury and the Prosecutor. —— Confined Two Months.
GUILTY .** Aged 20.— Transported for Seven Years ,
1199. HANNAH SCULER , stealing 1 shirt, value 3s.; the goods of John Widlake: also, 1 handkerchief, and 1 table-cloth, value 11s.; the goods of Frederick Jenner; and 1 table-cloth, value 6s.; the goods of Mary Sanders: to both which she pleaded
GUILTY — Confined Six Months ,
GUILTY. Aged 31.—Recommended to mercy ,— Confined Three Months ,
1201. GEORGE THOMAS FISHER , burglariously breaking and entering the dwelling-house of Frederick Froquelt Marsh, and stealing 2 guard-chains, 1 pin, 2 handkerchiefs, and 1 purse, value 1d.; and 2 half-sovereigns, 3 half-crowns, and 15s. 6d.; his property: to which he pleaded
GUILTY Aged 20.— Transported for Seven Years ,
Before Mr. Common Serjeant,
1202. JAMES JOHNSTON and THOMAS ELLIOTT , breaking and entering the dwelling-house of Mary Ann Howard, and stealing therein 2 gowns, and other articles, value 4l. 10s.; her goods: 4 shirts, value 10s.; the goods of John Blades Howard: and 3 shirts, and 1 razor, value 8s.; the goods of Martin Luther Howard.
MR. O'BRIEN conducted the Prosecution.
MARY ANN HOWARD I live at 3, Hanover-street, Walworth, in the parish of St. Mary, Newington. On 18th March, about half-past six o'clock, I went out, leaving no one in the house—I locked the street-door, and took the key—I returned at twenty minutes past eight, and found the street-door a quarter of a yard open, and the box of the lock forced off the door—I missed seven shirts, three silk dresses, and a variety of otter things—these shirts are my son's, John Blades Howard, and these are my dresses (produced)
Cross-examined by MR. CHARNOCK Q. What do you swear to the shirts by? A. My daughter made them; I know her sewing.
GEORGE QUINNEAR (policeman, P 1). The prisoners were in ray custody at the station—I found this shirt on Johnston, which Mrs. Howard identifies—he said he bought it three months ago in the New Cut, with other things—I received the duplicate of a gown and silk cloak from Fisher.
SELINA FISHER Johnston lodged in the next room to me at 37, Hatfield-street, Blackfriars—he is married—I received this gown from his wife about 26th or 25th March; he was not there—his real name is Savage.
ROBERT MELVILLE (policeman) On 15th April I found this shirt on, Elliott—Mrs. Howard identified it—he said he brought it from his father's when he left home about three weeks'ago—I searched at 37, Hatfield-street, and found six shirts, this apron, and several pairs of stockings—Elliott had been living there with Johnston.
WILLIAM JEPSON , (policeman, P 72). I took Johnston, and found on him some duplicates, a pair of loaded pistols, four skeleton keys, and a dark lantern, and six skeleton keys at his lodgings—three of the duplicates relate to Mrs. Howard's property.
Cross-examined. Q. Where did you take him? A. In Francis-street,
Newington, for loitering about, on suspicion of being about to commit a felony—he threw himself down, but made no attempt to use the pistols. (The prisoners received good characters.)
ELLIOTT— GUILTY of Larceny.
1203. JAMES JOHNSTON and THOMAS ELLIOTT were again indicted for breaking and entering the dwelling-house of Henry Meecham, and stealing 1 coat, 1 pair trowsers, and other articles, value 4l. 10s.; his goods. MR. E. PLATT conducted the Prosecution.
HENRY MEECHAM I am a carpenter, of 257, High-street, Borough. On 25th March I lived at Trafalgar-street, Walworth, St. Mary, Newington—I occupied the house—about two o'clock that day I went out, leaving no one in the house—the door was shut, but not locked—I returned a little after ten, and missed a white great coat, trowsers, and other things—these things are all mine (produced), and were safe when I left.
ELIZABETH THORPE On 25th March I was at my brother's, a few doors from Mr. Meecham's—about seven o'clock, Johnston knocked at the door, and asked if Mr. Skinner, a carpenter, lived there—I said, "No"—he said he had come from the City with a load, and had been in the street three-quarters of an hour, and could not find him; he went away.
Cross-examined. Q. Had you ever seen him before? A. No; this was on Sunday—I saw him that day week at the station—I am sure of him; the lamps were lighted.
THOMAS BARROW I am a shoemaker, of Hatfleld-street—Johnston took a room of me on 11th March, and left on 14th April—Elliott used to come to and fro—he slept there one night; it was the room Jepson searched.
SELINA FISHER I am the wife of Charles Fisher, of 37, Hatfleld-street, the next room to Johnston—on 25th March, between ten and eleven o'clock at night, I went into the room, and saw Elliott wearing a white great-coat.
JOHNSTON— GUILTY Aged 20.— Transported for Ten Years.
ELLIOTT— GUILTY * Aged 17.— Confined One Year.
RUSSELL pleaded GUILTY . Aged 22.— Confined Nine Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
JOHN WHITLAMB (policeman, M 89). I was on duty in the Kent-road on 26th April, and saw the prisoners together—Russell left Jones, and went to Mrs. Pearce's shop—Jones watched close outside the door—Russell came out and joined Jones, and they went on to the Elephant and Castle beer-shop—they both went in, came out, crossed the road, went down a dark turning, and stopped to converse there—they came out and went on till they came to Mr. Hodder's—Russell went in, and Jones staid outside—Russell came out, and they joined again—I took Russell, and found on her this counterfeit shilling (produced)—I have two others, one I received at Mrs. Pearce's, and one at Mr. Hodder's.
go into Pearce's shop—she came out, and they both went to the Elephant and Castle beer-shop—they came out, crossed the road, and went down a dark turning—I saw something pass between them—I saw their hands together—they were in conversation—they came out, and went to Mr. Hodder's—I took Jones, and said, I charged her with passing bad money in the Kent-road—she said I must be mistaken; she had not been there that night—I received this shilling from Mrs. Harrison, at the Elephant and Castle—I found on Jones this tape and ball of cotton.
MARY HART I am shop-woman to Mrs. Pearce: On 26th April, Russell came for a piece of tape, she paid me with a shilling—I sent it out for change by Judge—the policeman came in, and I pent Judge for the shilling again—he brought it, and I gave it to the policeman.
GEORGE GOFF I am a fishmonger, of the Kent-road. Judge brought me a shilling—I put it in a bowl with other silver—Judge came back again, and I gave him the same shilling—a lady had been there just before be came, woe requested to have a fourpenny piece, and I had to turn out all the silver, and all the half-crowns came to the top of the bowl, and the shilling which Judge gave me laid on the top of one of the half-crowns—I should not like to swear that I gave him the same shilling, but I have no doubt of it.
SARAH HARRISON My husband keeps the Elephant and Castle beer-shop, Old Kent-road. On 26th April, two women came about nine o'clock in the evening—they had a pint of ale, and threw down a shilling—I put it in the till; there was no other shilling there—a policeman came in, and I gave him the same shilling—I believe the women were at the door—it was almost immediately; a few customers came in.
ANN HODDER My husband is a grocer, in the Old Kent-road. On 26th April, Russell came for an ounce of tea—she gave me a shilling—I gave her change—I put the shilling in the till; there was no other shilling there—as soon as she turned her back, the officer came in, and I gave him the shilling.
JONES— GUILTY . Aged 26.— Confined Six Months.
HURSON pleaded GUILTY . Aged 15.— Confined One Year.
MR. BODKIN conducted the Prosecution. GEORGE DAVET I am in the employ of James Bone, who keeps a public-house in Hammersmith-bridge-road. On 25th April, between twelve and one o'clock, I was standing at the side-door—I saw the prisoners and a bigger boy coming over Hammersmith-bridge, when they got near my master's, Hurson left the others, crossed the road, and came towards my master's—as soon as he got across, Douglas followed him—I could see through a glass into the bar—I heard the door go—I saw through the glass, Hurson in the bar, going from the till to the door—he went out at the front-door, and ran off, Mr. Gilpin caught him—when Hurson came out, Donglas was standing in the road, and Hurson called to him—I took Hurson into the house—Douglas
ran away towards the Red Lion—Hurson had his hand in his pocket, he took it out, and put six shillings and seven sixpences in his mouth; that money was given to Mr. Gilpin—I afterwards saw Douglas coming back—he asked us to let the poor little fellow go, and not lock him up.
Cross-examined by MR. KENEALEY. Q. How far was Douglas from the house? A. Fifteen or twenty yards, when Hurson was in; he ran down the road—lie did not walk—I do not know what became of the third boy—we had taken Hurson four or five hundred yards when we met Douglas coming back. WILLIAM GILPIN. I am brother-in-law to James Bone. On 25th April, I had occasion to leave the bar for a short time between twelve and one—I shut the door after me—I was absent two or three minutes—while I was away I heard the door shut—I looked through the glass and saw Hurson going from the till out at the door—I went after him; he ran a short distance; overtook him—I saw Douglas in the middle of the road, more towards side of the house, ten or twelve yards off—Hurson called out some name to him, and he advanced towards me—my impression was that Hurson called him to strike me—I called for Dnvey, and he took Hurson into the house, and I saw six shillings and seven sixpences come from his mouth—I had been at the till two or three minutes before, and there was about that amount in it—I found it empty.
Cross-exammed. Q. How do you know who Hurson called to? A. I There was no one there but Douglas, and he was looking towards, him—the I third boy was gone on a head. JAMES LINE (policeman, V 282). I took Hurson—he said he found the I money on the mat—I told Douglas he must go with me on a charge of taking money—he said, "You b----r, if you don't let me go, I will split your b--y nut"—before the Magistrate he acknowledged being with the boy coming over the bridge—I was in plain clothes—he said, "Let the poor ti I low go"—he said he did not know the boy, he had never seen him.
Cross-examined. Q. Did you always use the expression? A. Yes; made the statement to the Magistrate: the clerk has omitted to put it down—I did not seize the boy violently, I took him by the arm—I told him I was A policeman, and then he used that expression. (Douglas received a good character.)
GUILTY . Aged 18.— Confined Four Months.
MR. PARRY conducted the Prosecution. GEORGE GOODWIN I am foreman to Paul Margitson and Co., leather manufacturers, Weston-street, Bermondsey. The prisoner was employed there as a servant in the warehouse for two or three years, and the last twelve months working in the shed—on 28th Feb. received information from Stubbs, and about seven in the morning went to search a small shop which is parted I off in the shed over the warehouse—the prisoner was down-stairs in the yard when I began to search—he had come to work at half-past six; his time wsi I six—I told him he had not come to his time, and he must go back till after breakfast—he came up to the workshop and saw me searching there and absconded—I never saw him till his father brought him back, about 16th or 17th April—I found a dozen French boot-fronts concealed in the workshop—these I are them—they are worth about 14s. wholesale price.
Cross-examined by MR. CLARKSON Q. Do you know the prisoner's father? A. Yes, he is a person of great respectability—J received information
of this on 27th and 28th Feb.—I mentioned this to my employer on 28th Feb., and on the same day I went to the prisoner's father—we were in search of the prisoner six week—bis brothers worked for as—I inquired for him—I could not hear of him till he gave himself up.
GEORGE STUBBS I was in Messrs. Margitson's employ in Feb.—I was in the warehouse at work—I heard some one over head—I went to see if the warehouse-door was fastened—the prisoner came out of the warehouse with some boot-fronts—he saw me and seemed very much agitated; be went up into the shed with them—I went down to my work, and remained about ten minutes—I then went up to see what the prisoner was doing, and saw him concealing the fronts under some rough leather in a little place in the shop—I told some of the workmen and Goodwin of it—I had told Goodwin on the previous evening, but I did not see anything of it till the morning.
Cross-examined. Q. Why did you not take him at the time? A. I waited to see him take the goods off the premises.
(The prisoner received a good character.)
GUILTY Aged 18.—Recommended to mercy by the Jury. — Confined Six Months.
MESSRS. CLARKSON and BODKIN conducted the Prosecution,
THOMAS ARDLE I am carter in the employ of the Phcenix Gas Company. I received this money from Mr. Shickel and gave him this receipt; I got it from the prisoner—I gave him the money the same hour—he was at his regular desk in the counting-house, where we always pay our money—it was about twelve o'clock—I paid him the same gold and silver I received from Mr. Shekel.
Cross-examined by MR. METCALFE Q. What did the prisoner do with that money? A. He put it in his desk.
CORNELIUS CONWAY I am a coal and coke merchant; I purchase coke from the Phcenix Gas Company. On 13th Feb. I paid 45l. to the prisoner for coke; he gave me this receipt for it—he was at that time in the counting-house—it was paid in gold and silver—on 4th April I paid him 85l. in gold and 5l. notes—this is the receipt he gave me—I have dealt with the company sixteen or seventeen years—it was customary to give tickets for the coke when the money was paid—that continued about two or three months after the prisoner came there—I did not have them after that, because he always said he was busy—on these occasions I did not get tickets for the coke—I afterwards applied for them, but did not get them.
Cross-examined. Q. When were those goods received that you paid last for? A. At the latter end of March—I purchased them of the secretary—the prisoner had nothing to do with selling the coke, only receiving the money.
WILLIAM FREDERICK RUTHERFORD I am cashier of the Phoenix Gas Light and Coke Company, at Bankside—the prisoner was coke clerk there—I believe there were written instructions given him about his duty—(a set of rules found in the prisoner's drawer, were here produced, which described his duties)—it was part of the prisoner's duty to make petty cash payments out of the sums he received—I have the books in which he made entries of the monies received by him—here is the cash pass-book on 7th Dec, 1848—here
is no entry of 9l. 15s. received from Mr. Blackburn—here is the coke ticket book—on 8th Dec. I have entered Blackburn eight chaldrons—that is all the entry that appears on that day—in the coke journal here is no entry to Mr. Blackburn on 7th or 8th Dec—if he received 9l. 15s., it was his duty to enter the amount received for the coke sold—here is the cash receipt book, it is not entered here—in the coke ticket book here is no entry on 13th Feb. of 45l. for 100 chaldrons of coke, nor in the cash book, or coke journal—in the cashier's pass book there is no entry of 45l. on the 13th Feb., but there are two entries which refer to a payment on 23d Jan., and I find 45l. on the 14th—on 4th April here is no entry of 85l., as received of Mr. Conway in the coke ticket book, nor in the cash receipt book, or coke journal, or pass book—these books were kept by the prisoner—it was his duty to make these entries in them—on 7th Dec. he balanced his account with me, and that entry is no part of that balance—he balanced his account with me on 8th Dec., and on 9th, and so on through the book—on 7th April he came to me with his cash pass book, which is a book kept between me and him—I received from him 14l. 3s. 9d. as the balance of that day's payments—he represented that day's receipts as being 5l. 19s. 2d., and that he received on the four days 36l. 14s. 8d.—on that morning he requested me to advance him 25l. to pay petty cash, which I was in the habit of doing—in the evening he settled his account with me; 36l. 14s. 8d. and 25l., making 61l. 14s. 8d.—the petty disbursements were 47l. 10s. 11d., and he paid me 14l. 3s. 9d.—he did not render any account of the receipt of 85l., the 45l., or the 9l. 15s.
Cross-examined. Q. When you receive money, to whom do you pay it? A. To the banker's—I am responsible for it on my bond to the Company—I do not employ the men under me, they are employed by the Company—it is my duty to receive the money from the clerks, to pay it to the banker's, and keep the Company's accounts—I do not inspect the coke ticket book—I inspect these other books every other day, or thereabouts—I have no knowledge of the goods that go out—the prisoner made the entry of them—the cash which has been received is generally tendered to me in the afternoon—that is according to the written rule—the longest time that I remember money running before it was paid to me, has been five or six days; I never remember it longer—if he pays the balance to me I am satisfied—I find here an entry of 45l., which refers to a payment made to the prisoner on 23d Jan., and which was paid to me on 14th Feb.—the five or six days applies to payments paid over the counter—it appears a bill may be paid him, and it may remain some weeks or a month in his hands—I did not know that this had been paid on 23d Jan. till he told me—within my own knowledge, payments have bees made five or six days before they have been accounted for—the allowing the balance to run over three or four days did not extend to other clerks beside the prisoner—when he has received the money I have been content to take it every four or five days, therefore this rule given in writing has not been adhered to—he pays me the difference—in that account he states the sum he received from each individual—I have employed the prisoner to go to the banker's for me—he has taken from 800l. to 1,000l., chiefly in checks—he complained that he lost his cash book, and he went over with me to the bank—he assisted me in stopping checks at Barclay's—I know he had a cash-box, which was kept in his charge—I am not prepared to swear whether he brought any sum from the banker's on the Friday before this affair happened.
MR. CLARKSON Q. You had not the least suspicion of his honest? A. No—I did not know he had received these sums—it was his duty
to keep account from day to day in the coke book of the sums he had received—there are no entries in any of these books of the receipts of any of these sums.
Cross-examined. Q. Did you search him and his premises? A. Yes; I found on him 2s. 10rf. in money, and nothing in his house—I did not find any cash-box.
GUILTY Aged 45.— Confined Eighteen Months ,
(There were two other indictments against the prisoner.)
Cross-examined by MR. METCALFE Q. How do you know them? A. This wedge is marked—it has a crack in the iron.
JOSEFH JOHNSON I bought a mattock of the prisoner for Is.—he afterwards brought this beetle and wedges, and requested me to keep them for him, which I did—he said he was selling them for his father-in-law.
RICHARD GOLDINO (police-sergeant, F 3) The prisoner was brought to the station on 24th April—I told him he was charged with stealing some things from Mr. Thornton—he said, "We took the things, and sold the mattock to Johnson for Is."—his brother was not there at that time.
JOHN RABAY the younger. On 10th April I went to my father's shop—I saw the prisoner there—I asked what be wanted—he said he did not know—he chucked down the clock and the scales, and ran away—I picked them up, and put them on the table—when my father came home, I told him—he got the policeman, and I went with him to where the prisoner was, and gave him in charge.
Prisoner's Defence. They are in the habit of drinking very much, and this boy has been in the habit of parting with their things when they are drinking; they blamed a young man once before, and they want to put this on to me;
I was drinking with the father and mother from Tuesday morning till Wednesday night at the Lord Melbourne; Mrs. Raby came to me in the morning and said, "My Johnny is locked up, if you will find him I will give you a shilling;" I went, and when I came back his father was as tipsy as he could be in at the Lord Melbourn; we got him home, and he went to bed; we afterwards went to fetch the boy; on Thursday morning Mrs. Raby said, We have lost a quantity of things, and I shall blame you, for my son saw you in the shop.
larking, and a bit of orange-peel catched a gentleman over the hat—they fined him 10s.—I sent the prisoner to tee where he was, and while I was out, he got over my back premises and stole the clock and other things—we have found none of the other things, only what we found on him.
JOHN RABY , Jun., re-examined. The clock stood against the window—I saw the prisoner with it under his arm ready to take out, the sieves in his other arm, and the scales in his hand—my mother was out—my father had just got me out of custody at Union Hall—I went straight home to get the tea for the children, who were coming home from school, and I found the prisoner with this clock—my father was not sober when he saw me, and he was not drunk—we did not go to make ourselves comfortable at the Lord Melbourn—this was on Tuesday evening—the prisoner ran out, he was taken afterwards at the lodging-house next door in bed—we did not take him on Wednesday morning—he was not there, he went away—we have lost other things, there is a man suspected of them—there was some man; but I did not see him; I heard somebody out backwards, I went, and he was gone—I did not see a policeman directly—my father came home at eight o'clock, and did not go out again till ten the next morning—the shop was shut up; it had been shut all day, it was holliday-week—the back door is only latched—the prisoner got from the next premises and let himself in the back way—he ran out at the front door—he was not above a yard in the shop. NOT GUILTY
MR. CHARNOCK conducted the Prosecution.
CHARLOTTE MOYLE I am single—I live at Lynn—I went to Church with the prisoner in 1835—she was married to Richard Rolling, at St. Margaret's Church, Lynn—Rolling is a fisherman; I knew him before, for several years, and I knew the prisoner—I do not recollect the day on which they were married—it was in Dec—I saw Rolling alive last Friday, at Lynn.
Cross-examined by MR. PARRY Q. How old was she when she was married? A. I cannot say—I was about fourteen; I think she was older—she was quite a girl—Rolling lived with her three or four days—from that time they have never lived together—I do not know whether he had a wife before—he has lived in Lynn ever since—I heard that the prisoner left King's Lynn soon after the marriage—I should say that Rolling was about twenty-one or twenty-two years old—the prisoner went home to her father and mother.
GEORGE WILD (policeman, M 94). I produce an examined copy of the register of marriage at King's Lynn, in Norfolk—I copied it at the house of the minister of St. Margaret's Church—(This certified the marriage of Richard Rolling, batchelor, and Mary Ann Proctor', spinster, by banns, on 17th Dec, 1835)—I have another certificate from the parish Church of St. James, Westminster—I examined it with the register-book of marriages in the same way that I did the other—it is correct—(This certified the marriage of Joseph Sapwelland Mary Ann Proctor by banns on 6th July, 1840).
Cross-examined. Q. Did you know of this former marriage? A. No—I heard of it on the 12th of April, and I gave her into custody—I came up from the country at that time—I had not seen her for eighteen or nineteen months—I had travelled a good deal as a courier—I did not contribute to her support—I came to town and went to the house where she was living—I was informed she was living with a man—I went to claim some property—she denied my right to the property, and said her name was not Sapwell, it was Rolling—she was in a passion—I gave her into custody a few days afterwards: it was for the purpose of ridding myself of a wife that I did not care much about—when I lived with her, we were not happy—I lived in lodgings in Prince's-street, Leicester-square—I deny having anything to do with a brothel—there was an infamous charge against me, which was not established—no one appeared—I have no vindictive feeling against her.
GUILTY—Recommended to mercy by the Prosecutor and Jury. — Confined Three Months.
ADJOURNED TO MONDAY, JUNE 11TH
The following should have appeared in the last Sessions' Paper, as pleading
GUILTY .* Aged 19.— Confined One Year.
GUILTY Aged 15.— Confined Fourteen Days.