CENTRAL CRIMINAL COURT.
EIGHTH SESSION, HELD JUNE 11TH, 1849.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand,
GEORGE HEBERT, CHEAPSIDE
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, June 11th, 1849, and following Days,
Before the Right Hon. Sir JAMES DUKE, Knt., M.P., LORD MAYOR of the City of London: the Right Hon. Sir Thomas Wilde, Knt., Chief Justice of Her Majesty's Court of Common Pleas; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Robert Mousey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer: Sir Peter Laurie, Knt.; Sir Chapman Marshall, Knt.; Sir William Magnay, Bart.; Michael Gibbs, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: Thomas Farncomb, Esq.; Thomas Sidney, Esq.; Francis Graham Moon, 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., Ald.
JACOB EMANUEL GOODHART, Esq.
JAMES EDWARD SHEAEHAM, Esq.
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
DUKE, MAYOR. EIGHTH 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, June 11th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. GIBBS; MR. RECORDER; Mr. Ald. SIDNEY; Mr. Ald. LAWRENCE; Mr. Ald. CARDEN; and MR. COMMON SERJEANT.
Before Mr. Recorder and the First Jury.
JAMES PEACHEY . I was formerly a clothes salesman, I am at present out of business—I know a place called the Walhalla in Leicester-square—I have been there—I know the three defendants—I have here a bill which I bought when I first went there—it was on the 2d January last—the bill does not contain the date, but I have a pass-check which I received on coming out—(The bill being read, contained a programme of the dancing, and stated that a band of fifty performers were engaged, and that the admittance was 1s.)—I paid Is, on going in, not to either of the defendants—it was about a quarter to eight when I got there—there was dancing and music going on—there was a tolerably full band, but not so many as they state on the bill—I should say there were about 150 ladies and gentlemen dancing—I saw about three other persons pay as I was going up stairs—all those who paid came in—I went twice, after that, once was on the 31st January—I got in in the same way, and the same sort of thing was going on—I saw Mr. Pridmore there that evening—I saw Mr. Wolfe there on the 2d January, in the refreshment-room, superintending—I also saw him on the 31st January in the refreshment-room, and Pridmore was sitting there; he was not doing anything, he gave orders—they were both outside the bar where the refreshments are supplied—they were not doing anything—I was before the Magistrate when Pridmore charged Stowell with breaking some things, and I heard him say that he was the proprietor of the Walhalla—he was not being examined on oath, but was there as a complainant—it was on the morning of the 1st February—the name of 'Thomas Ottey, free vintner," is over the door—when Stowell broke the glass, Wolfe told him he had better go, he would make it all right, he did not want a bother about it—a female behind the bar supplied the refreshments under Wolfe's direction—I heard him order a glass of sherry to be supplied
to Stowell, and it was supplied—I did not hear him give orders for any other refreshment—the name of "Mr. Richard Pridmore" is on a brass-plate at the side, over a bell.
Cross-examined by MR. PARRY. Q. What floor does that lead to? A. It is at the entrance as you go in, at the side—the door was always open when I went—I think the Magistrate fined Stowell 28s. for the damage he did—it was not for being drunk—when I was a clothes salesman I lived in Holborn, that is three years ago—I buy and sell things now—I have been to the Walhalla and to the Casino—in this case I was a common informer—Mr. Stowell pays me—I don't know how much I might have had altogether, about 10l., not for this business of the Walhalla alone—I have not been about much with Stowell—I have been about by myself—I have been employed by Stowell since Christmas—I have known him about sixteen years—he has not employed me before this—I never laid any information for him before—I have been dealing for myself in clothes—I have not had any shop—I have bought clothes of different persons, and sold them again to the trade, in the market at Hounds-ditch—I supply shops—I live in Baden-place, Crosby-row, Borough, and have done so about four months; before that I lived in Hunter-street, Kent-road, for two years—I think I have laid three informations since Christmas, the three cases that are here to-day, and in no others—I swear that—I have had nothing to do with any other—you cross-examined me on a case at the Middlesex Session, that makes four cases—there were no others—I have not laid any information in Whitechapel—there was a case there, but I gave no evidence upon it; I was ready if it was necessary—Stowell is outside—in the Whitechapel case two of the parties pleaded guilty, and entered into their own recognizances; no sentence was passed.
COURT. Q. Have any of these informations been compromised? A. No, none—whatever I have had, has been from Stowell, I have had nothing that I know of from those complained of.
MR. BAILANTINE. Q. Have these prosecutions been conducted by Messrs. Lewis, of Ely-place? A. Yes; and the whole has been under their management and control.
BENJAMIN HURWITZ . I am a house-decorator, and live at No. 1, Brydges-street, Strand. I fitted up the decorations of the Walhalla in Leicester-square at the end of last August—I was employed by Mr. Pridmore, and he paid me—we began it in August, and it opened in September—I went there once or twice afterwards, to see how the place looked lighted up—I don't think I was there after Christmas.
Cross-examined. Q. I suppose you have not been indicted for decorating this place? A. No; I have decorated many places without a licence—I never saw anything disorderly carried on there—there is an exhibition there now of, a painting in America.
JOHN WATSON . I was a servant at the Walhalla from September till the middle of October—I have been there occasionally since to see the waiters—I think I was there in December, but it was after the performance was over-Mr. Pridmore was there up to October; I did not receive orders from him, but from Mr. Wolfe—I believe Pridmore was the proprietor—he had a private room on the establishment—I have seen him walking about while the music and dancing was going on, superintending—the Company paid me—they were ladies and gentlemen—Mr. Wolfe made me waiter there—I served the Company with ices, champagne, and refreshment—there was dancing and music—I never heard Pridmore give orders in my capacity, I have in the decorative department.
Cross-examined. Q. You were a servant of Mr. Wolfe's? A. Yet; he supplied the refreshments there—Mr. Ottey's name was up, but I don't know in what capacity he acted—I believe he is a free vintner—I have been connected with the baths and wash-houses in Holborn, but am not now—I took a benefit there—I have been at Vauxhall—the name of a free vintner is over the door there.
MR. CLARKSON. Q. Were there females as well as men frequenting this place? A. Yes, some of all classes—they were respectably attired—I never observed anything of indecency in their behaviour.
THOMAS HEWITT . I am a French polisher. I have been twice to the Walhalla; the first time was on 30th of Jan.—I paid Is. to go in—I got a small bill of the performance—I saw public music and dancing—I saw Wolfe there, standing in the refreshment-room, apparently keeping the door—Prid-more was standing in front of the bar; I did not hear him give any directions to anybody—I do not recollect Ottey—I went there again on 31st Jan.—I paid the same to be let in, and saw the same entertainments, music and dancing—I saw the same defendants there—the dancing was by the visitors generally—I should suppose there were 300 persons there—there were various sorts of females there; they were respectably dressed—I saw Pridmore and Wolfe in the refreshment-room on that occasion, standing in front of the bar, whilst the refreshments were being supplied—I did not see either of them supply any, or hear them direct the servants to do so—I saw them speak to the servants—I saw Pridmore give S to well in charge for breaking some glass there.
Cross-examined. Q. There is no public stage, or anything of that kind, it is a ball-room, is it not? A. Yes; most of the gentlemen who were there were respectably dressed—I did not dance; I went for amusement—I had some refreshment, for which I paid; the waiter served me—I do not know the person that took the money when I entered the door; it was neither of the defendants.
JOSEPH JONES . I am a fruit-salesman in the Borough-market. I have been to the Walhalla—I was there once in Jan.; I paid Is. to go in—there was a great number of people assembled; they were dancing and music was playing—I did not dance—I might have got a girl for a partner—I saw Pridmore and Wolfe there there; Pridmore was sitting by the door of the refreshment-room.
Cross-examined. Q. Are you a fruit-salesman now? A. No; I am at work for Mr. Stocker, in the soda-water and lemonade line—I often buy and sell fruit in the market—I do not keep a shop—I am not a costermonger—I know Stowell; I do not know how long I have known him—he did not bring me up; I brought myself up—I knew him when he kept an ale-house in Newington-causeway; that is about twelve months ago—I have known him personally two or three years; not five—I have never been a witness for him before—I was never a witness before—I have been a Judge, at the Equestrian Tavern, next to the Surrey Theatre—Stowell did not take me to the Walhalla, I went with him, he did not pay for me; I paid for myself—I have not received anything from him—I have not received anything for my expenses—Stowell gave me a subpoena and Is. with it: that is all I have had—I have not been promised anything—I suppose I shall get my expenses.
WILLIAM EDWARD DREW . I am a clerk in the office of the Clerk of the Peace for Middlesex. It is part of the duty of the Justices to grant licences for music and dancing in the city and liberty of West-minster—I
believe the Walhalla-rooms in Leicester-square are within the city and liberty of Westminster—there has been no licence by the Justices for music and dancing to be permitted in those rooms.
Cross-examined. Q. How do you tell that? A. From looking at the list of applications—I make out the book in reference to these licences—no application has been made, to my knowledge—I have the book here in which licenced places are entered, and there is no such place entered—I know that balls are held at the London tavern, and there is no doubt that balls are occasionally given at a great many places which are not licenced.
JAMES PEACHEY re-examined. The Walhalla is in the parish of St. Ann, Westminster; that is a very extensive parish—I am not a rate-payer there—I inquired the name of the parish from the beadle, and a shopkeeper, who referred to his receipts—it was formerly Miss Linwood's exhibition.
JOSEPH THOMPSON (police-sergeant, F 11). I know the Walhalla—I cannot say what parish it is in, but I know the next house on the east side is in the parish of St. Ann, Westminster—I once had a party, for committing a felony there—I asked the parish, and I was told.
WILLIAM HEMP . I am an officer of the Sheriff of Middlesex. I do not know the Walhalla; I know the place that was formerly Miss Linwood's exhibition—I cannot positively swear what parish it is in—I believe it to be in the parish of St. Ann, Westminster—I have no doubt of it.
(MR. PARRY submitted that it was not proved to be a place requiring a licence within the meaning of the Act of Parliament, and that neither of the defendants were shown to be the keepers or maintainers of it. The COURT was of opinion that it being a public place open to all, it was necessary it should undergo the test of a licence, and, that not being licenced, it came within the terms of the Act of Parliament as a disorderly house.
WOLFE and OTTEY— NOT GUILTY .
PRIDMORE— GUILTY .
To enter into his own recognisance in 40l., and find two sureties in 20l. each, to appear and receive judgment when called upon.
Before Mr. Common Serjeant and the Second Jury.
RICHARDSON pleaded GUILTY . Aged 16.— Confined Four Days and Whipped.
ABEL CHAN NULL . I am a postman. On 31st May, Richardson offered me some rabbits at Harefield-moor—they were on a stick on his shoulder—I asked what he wanted for them—he said, "A shilling each; there is my brother there, go and ask him"—I went to White, who was about twenty yards off, and asked when he killed them—Richardson said, "There is my other brother there, go and ask him"—I went to Wapshott, who was lying on the grass about seventy yards off—he said they came from Marlow, and that one of them was his brother.
WHITE— GUILTY . Aged 15.
WAPSHOTT— GUILTY . Aged 16.
Confined Four Days and Whipped
RUSSELL pleaded GUILTY . Aged 38.— Confined Nine Months. ELIZA DAWS . I am the wife of Henry Daws, of Bedfont. On 7th June, about one o'clock at night, the prisoner came and asked for a lodging—next morning, between five and six, I missed a shawl from a drawer in the room where they slept—they were then at the bar—I had seen it safe that day. JAMES SMITH . I went after Russell and overtook him in a ditch with his trowsers down, and this shawl round his waist—Coarquin remained at the house till we brought Russell back. Coarquin's Defence. The shawl must have been taken while I was downstairs washing myself. COARQUIN— NOT GUILTY .
STEPHEN MASTERS ('policeman). On 16th May, about three o'clock at night, I met the prisoners coming in a direction from Mr. Jarvis'—Grant had something in a handkerchief—on my asking what he had got, Randall ran away, and then Grant ran—I searched the bundle; it contained these things produced—before I opened it, Jarvis said, "If that is my jug it is cracked at the bottom." Randall's Defence. I bought them of a hawker'
GRANT— GUILTY . Aged 18.
RANDALL— GUILTY . Aged 19.
Confined four months
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 18.— Confined Four Months.
NEW COURT.—Monday, June 11th 1849.
PRESENT—Mr. Ald. GIBBS; and Edward BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
GUILTY . Aged 12.— Confined Four Months.
RICHARD WATKIN (police-sergeant, N 30). On Saturday morning, the 12th May, I went to London with a friend—I was in plain clothes—I got into a railway-carriage; and when I got into another carriage at Edmonton, I saw the two prisoners and John Love, who is not in custody, in the carriage—I
noticed that they were confused, but I saw no parcel—it was between eight and nine o'clock in the morning—when we got to Lea-bridge, I saw John Love lean over and whisper to Hill; Hill stooped, picked up a bag, and got out of the carriage—the two prisoners were sitting on the same form, but there was a woman between them—I knew the prisoners, and they knew me—I followed Hill, saw a ham, and asked where he got it—he said he bought it in London; I put him into the train again, and Thomas Love was there, but John Love was gone—I asked Hill again where he bought the ham, if he could name the street or the person—he said he should tell me nothing more.
Cross-examined by MR. PAYNE. Q. You know Thomas Love? A. Yes, and all his family, not one of them are respectable persons—Thomas Love has not been here, but I believe all the others of the family has—I let Thomas Love go, because he had nothing in his basket to justify me in keeping him—he had the same opportunity of getting out of the carriage as John Love had.
EMANUEL SLADK . I am a butcher, of South-street, Ponder's End. I know Thomas Love—on Saturday morning, 12th May, he came to my house about half-past seven o'clock—he bespoke some mutton—I afterwards left my shop, and when I came back I saw a parcel there—Thomas Love came again afterwards, and asked me if I had cut his meat that he had ordered—I cut it, and he said he had left a parcel there in the morning—he asked me if he could leave it—he took the parcel into the slaughter-house, opened it, and took two hams out—I said they were not half smoked, they were stolen—he said he had purchased them at the railway, and paid 17s. 6d. for them—he asked if I would smoke them for him—I said, "No"—he said he should be heavily loaded with them, and he would get me to let him leave them—he said, "If any one comes for them, tell them they were left here to be smoked"—he left them—I afterwards saw the inspector, and told him—these are the two hams—Thomas Love had nothing with him when he came to me in the morning—when he came back from London he had some mackerel and sausages
Cross-examined. Q. How long have you known him? A. Between twenty-two and twenty-three years—I went to school with him—he has never been transported that I know of—he has lately dealt in meat and fish—I said he might depend upon it that the hams were stolen—when he asked me to smoke them, I said my fire was out—I told the inspector who had left the hams—I took them to the station on Monday.
MR. ROBINSON. Q. Was it in consequence of your fire being out that you refused to smoke the hams? A. No; I told him the fire was out, but I did not like to smoke other people's hams.
REBECCA PENCHAM . I am in the service of Mr. Slade. Thomas Love came there on that Saturday morning, about five minutes before eight o'clock, and said, "I will leave this parcel here till I come back from London"—he put it under the bench, and went away.
Cross-examined. Q. You told your master, about five minutes afterwards, that the man who had been about the mutton had called and left a parcel? A. Yes; the train was going up about that time.
JOHN COLLINS (police-sergeant, N 24). About twelve o'clock at night, on 12th May, I apprehended Thomas Love—I told him he must consider himself. in my custody, on suspicion of stealing two hams—he asked me what hams—I said, "The hams you had this morning"—he said, "I had no hams this morning, and know nothing about any hams"—he repeated it two or three times over.
Thomas Love. I gave myself up. Witniess. He did not, I took him into I custody.
JOSEPH STAKER . I am a smoker and drier of hams, and live in Baker—I street, Enfield. I have a drying-house thirty or forty yards from my house. I On Thursday, 10th May, my place was safe—on the Friday I was not at I home all day—on the Saturday morning I found the door was not buttoned I as I had left it—I opened the door, and thought I missed one bam, but it was I so full of smoke I could not get in, and was not certain—I went in about ten I o'clock on Sunday and missed two hams, and on Sunday afternoon I missed I two more, making four in all—here is the brand mark on these hams—here is I "J E" perfect; the "C" has been cut out—I had a brand "J C E," I which means Mr. John Cracknell, Enfield—they were his hams that I was I drying.
Cross-examined. Q. Do you know Thomas Love? A. Yes, ever since I he was a child—I do not know how long he lived with Captain Bosanquet—I he bore a general good character, I believe.
Cross-examined. Q. How long have you known Thomas Love? I A. Twenty-four or twenty-five years—he might live two years and a half or I three years with Captain Bosanquet—I never heard anything against him? before this.
Cross-examined. Q. On your oath, was he ever taken before a Magistrate? A. I never saw him in custody till this time—I knew him when he lived with Captain Bosanquet, and while he was in his service he was in company with the greatest thieves, at public-houses and other places where they frequent—I do not know why he left Captain Bosanquet, but I heard that he was too lazy to work.
HILL— GUILTY . Aged 21
LOVE— GUILTY . Aged 32
Confined Nine Mothers.
JAMES PEARCE . I am a publican, and live at Staines. On 11th May, which was fairday at Staines, I had persons playing at skittles from ten o'clock in the morning till ten at night—I had a skittle ball on the ground—I saw it safe at one that day, and missed it on the morning of the 12th—this is it (produced).
WILLIAM COOPER (policeman). I received information about another skittle ball, and made inquiries of Mr. Putman—he produced this ball to me, and pointed out the prisoner as the man that brought it—that was on Saturday, 12th May—I took the prisoner, and asked how he became possessed of it—he said he bought it of a man in the street, and gave him half-a-crown for it.
JOSIAH PUTMAN . I am a turner, and live at Windsor. On Saturday, 12th May, the prisoner called at my shop, and brought me this ball—he asked me to buy it—I told him I was not in the habit of buying these things, but there was no harm in looking at it—he told me be bought it of a man in the street, and gave 3s. 6d. for it—he left it with me—the policeman came and I gave it him—this is it.
Prisoner. He asked how much I gave for the ball; I said, "Half-a-crown;"
I was coming away as I had no money, and a man who was with me said he would lend me half-a-crown; I said it was no use to me; he said I had better have it. NOT GUILTY .
OLD COURT.—Tuesday, June 12th, 1849.
PRESENT—Sir PETER LAURIE, Knt., Ald.; MR. RECORDER; and Mr. Ald,
FARNCOMB.? Before Mr. Recorder and the Third Jury.
GUILTY . Aged 22.— Confined One Year.
1222. JAMES GREEN , breaking and entering the dwelling-house of Robert Davis, and stealing 4 pairs of boots, and other articles, value 6l.; his goods: to which he pleaded GUILTY . Aged 22.— Confined One Year.
CHARLES BURTON . I am an optician, of Regent's-terrace, Caledonian-road. On 12th May I was in Newgate-market, and felt a tug at my pocket, a woman spoke to me, I missed my handkerchief, turned round, saw the prisoner, and said, "I will trouble you for my handkerchief"—he gave it me—this is it (produced).
Prisoner. I have had that one two years, and used it to carry my victuals in; I picked the other one up.
GUILTY . Aged 42.— Transported for Seven Years.
JULIA KAUFFMAN . I live with my father, Carl Kauffman, at 33, Chey-nie's-walk. On 9th May, about half-past eight o'clock in the evening, the prisoners came; Scarrett asked me to try the drop of an earring to see if it was gold—while I was trying it he took a new hunting-watch out of the window—King said, "Is not it gold?"—Scarrett said, "No, come on"—he ran out, and King followed—I caught hold of King and detained him.
Cross-examined by MR. PRENDERGAST. Q. They were only in the shop a minute or two? A. About that—I live about a quarter of an hour's walk from Elizabeth-place, Pimlico, or rather more—you might run in ten minutes—the gas was alight—we have clocks in the shop.
King. Q. Did you not say at the police-court that I produced the ring? A. Yes; it was you.
I there Scarrett was among them, he was not in custody—I told her to look I round, she pointed out Scarrett, and I took him—he denied all knowledge I of the charge.
Cross-examined. Q. Did he not say he was in another place at the time? I A. No. Ma. PRENDERGAST called
ROBERT HAYES . I live at 11, Spring Garden-place, Elizabeth-street south, I Pimlico. Scarrett lives in Eliza-place—the night before he was taken he was in I my company from eight o'clock till twenty-five minutes past, at the corner of I Eliza-place—I left him with his brother James, and William Rogers, and I I went into a public-house, and looked at the clock over the bar—it was then I twenty-five minutes past eight—it is twenty minutes' walk from Eliza-place I to heynie's-walk—Elizabeth-street runs into Ebury-street—I left them about I twenty yards from the corner of Ebury-street.
COURT. Q. Where do you work? A. In an iron-foundry; I have done I nothing for eighteen weeks.
JOBN LITTLE . I am a cow-keeper, of 27, Elizabeth-street south, and I have known Scarrett from a boy—he lives in a cottage adjoining my yard—I I never knew him charged with dishonesty. On Wednesday, 9th May, he I wss with me from half-past three o'clock in the afternoon—I bad been to the I hospital to have my leg dressed, and being very lame I asked him to go with me to carry my pails, and he never left me till twenty minutes after eight—I parted with him in Elizabeth-street, as two dogs got fighting opposite a baker's; I went over to part them, went into the shop and looked at the clock—I have sold milk these eleven years—I built my place eleven years ago—Scarrett had not been out of the hospital a week.
COURT. Q. Were he and King in the hospital together? A. No—they were both brought up together—King was not in my company that night—I had not seen him for a long time—next morning I and Scarrett saw the policeman with King going by my door—I said, "I wonder what he has been up tor run and see what it is"—he went—there were about seven of us there—he went down next morning, and in the afternoon I heard he was locked up.
WILLIAM ROGERS . I was with Scarrett in Elizabeth-street the night before he was taken—at ten minutes past eight o'clock we went into the Commercial-road, Pimlico—that is more toward Cheynie's-walk, about a quarter of a mile from it, and about a quarter of a mile from Elizabeth-street—he was in my company till a quarter to ten.
COURT. Q. What did you do there? A. We went to Clark's Riding Circus to see the performance—it is. about half-way down the road towards the Thames—admission was obtained at half-past eight—it is half a mile or rather more from Kauffman's shop—it was over at half-past nine, and I left. Scarrett at about a quarter to ten in Elizabeth-street—I am groom to a gentleman of Grosvenor-street west, Eaton-square—Scarrett is a labourer, but has been afflicted for the last twelve months, and has not done any work—his brother James treated him at the circus—it is 1d., and the boxes 2d.—it was twenty minutes past eight by the public-house clock when we started—we went straight there.
JAMES SCARRETT . I am the prisoner's brother. I went with him to Clark's show, at half-past eight o'clock, as near as I can recollect, and remained till twenty-five minutes to ten—I had had him in sight all the evening from a quarter-past six.
COURT. Q. If anybody has said he was in their company till a later hour than half-past six or seven they have not told the truth? A. He was with other parties—I was' not with him and the milkman—Little was in
Elizabeth-street at a quarter-past six, I saw the dog fight—that was about eight—I did not look at the clock—I had been in my brother's company from when I left work at six—I met Little in Elizabeth-street, about half-past seven—he was not with me at six—I was in-doors with my brother—my brother was with Little about half-past seven; I came out with him—I wenit out with Little.
JOHN LITTLE re-examined. I went to a beer-shop, and had a pint of sixpenny ale after the milk was delivered—Scarrett was with me then—I got home about six o'clock—we only had about fourteen doors to come—I live quite in sight of him—I did not join his brother—I never went out afterwards—I was at my gate two hours, smoking, till the dog fight began—he was standing at my gate with me for two hours—his brother came by from work about six, or a little after, and went in, and the prisoner followed him, and came back directly, I had then got a chair and was sitting at the gate.
CHARLES CHINN (policeman, A 255.) I went with another officer to search Scarrett's house for the watch—I stood outside—Little came, and wanted to go in while they were searching—he said he did not believe Jacob Scarrott was guilty, for his (Little's) boy told him he was at the riding circus and he (Little) had not seen him all day—I put several questions to him, and he positively declared he had not seen him all day on the 9th; that all he knew was what his boy told him.
King's Defence, I picked up the ring at Charing-cross, and went in to see if it was gold, and the girl called out; I know nothing of the robbery; I did not offer to go away; I work for a sculptor at Pimlico.
MICHAEL BARRY . I live at 4, Ebury-place, Pimlico—I know King, I saw him in Grosvenor-row about eight o'clock on the night of the robbery, that is about a mile from Mr. Kauffman's shop—there was another man with him, and it was not Scarrett.
(William Stachbury, of 3, Eliza-place, Pimlico, gave King a good character.) KING— GUILTY. Aged 21.— Judgment respited.
SCARRETT— NOT GUILTY .
1225 EDWARD MILLER , stealing 1 gown, 1 cape, and a writing desk, value 3l.; the goods of Richard Wells; having been before convicted: to which he pleaded GUILTY . Aged 20.— Transported for Seven Years.
HENRY COLLYER PURVIS . I am an oilman, in partnership with Thomas Hopkins, at 20, Greek-street—the prisoner was our porter. On 14th May I spoke to a constable about him—he left that afternoon as usual to his tea, about five o'clock—I and the constable followed him to his lodgings 4, Regent's-place—I asked him what he had done with the oil he had taken from the shop—he pointed to a jug behind him, with two pint cans draining into it, and said, "There it is"—I found a quart there, sufficient to fill the two cans—on turning up the bedstead we found a large quantity of colour called litharge, and Brunswick green, in five or six bags, and a small quantity of Prussian blue; also an empty quart can, with our name and address on it—he denied some of the things being ours—I said, "You had better say the colours are not ours;" and he said, "No, I can't say that; they are yours."
Cross-examined by MR. PAYNE. Q. Was not what he said that he could not say whether they were yours or not? A. Certainly not—I did not ask him how he got them—I cannot give the words he said—he denied the charge—he had been in our service about seven months—I cannot say whether he was sent on the preceding Saturday with a person to carry some oil to the George and Blue Boar—I am not there on Saturdays—no one else is here from the shop—I do not know anything about these colours, except Tom missing a large quantity of them within the last two months—he did not say he had bought these colours of a man ten months before—he did not say he had bought the oil—it was the duty of our shopman to sell oil—the prisoner was employed in grinding colour, and occasionally assisted on the colour-side of the counter.
HENRY JONES (policeman, A 294). On 14th May, about five o'clock, I and Mr. Purvis followed the prisoner to 4, Regent's-place—Mr. Purvis said to him, "John, what have you done with the oil you have taken from our house?"—he said, "There it is," pointing to two pint cans which were turned upside down into a jug on the sideboard—I turned up the bedstead, and there found the litharge, Brunswick-green, Prussian-blue, and this other in—Mr. Purvis put a question or two to him, and he said, "That is yours," speaking of the colour—Mr. Purvis said, "You may as well say that is not mine"—he said, "I cannot say that; that is yours."
Cross-examined. Q. Did not he say he had bought the colours? A. No, nor yet the oil. (The prisoner received a good character).
GUILTY . Aged 32.— Confined Six Months.
NEW COURT.—Tuesday June 12th, 1849.
PRESENT—Mr. Ald. LAWRENCE; Mr. Ald. CARDEN; and MR. COMMON
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 20.— Confined Nine Months.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 37.— Confined One Week ,
MESSRS. ELLIS and BODKIN conducted the Prosecution.
May, the prisoner came for half an ounce of tobacco—he pat down a half. crown, I saw it was bad, and asked how he came by it—he said he sold asparagus in Waterloo-road, and had taken it—I sent for a policeman, and detained the prisoner for about twenty minutes—seeing no policeman I let him go—I afterwards saw the officer—I marked the half-crown, and gave it to him—this is it—(produced.)
MARIA SMITH. I am a tobacconist, of Palmer-passage, Brewer's-green. On 26th May, between six and seven in the evening, the prisoner came for some tobacco—he offered me a bad sixpence—I told him he had been to my shop before and passed a bad sixpence—he denied it—he walked out of the shop—I gave my husband the sixpence—we went out—I saw the prisoner, a policeman was called, and he was given into custody.
HENRY SMITH . I received this sixpence from my wife—I marked it, and I put it into my waistcoat pocket, where I had nothing else—we went out, my I wife pointed out the prisoner; I gave him into custody, and the sixpence.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. BODKIN and PLATT conducted the Prosecution.
HARRIET BARNES . I am barmaid to Mr. Mason, of the Triumphant Chariot, Belgrave-square. On 1st June, about eleven at night, the prisoner came and called for a pint of porter—he threw down a shilling; I gave him change, and put the shilling into the till with other money—in a few minutes' he came again for half a quartern of gin, he threw down a shilling, I gave him a sixpence and a 4d-piece change—before I had examined (he shilling he was gone—I found it was bad—I put it aside, separate from other money—in a few minutes the prisoner came again—he then asked for a pint of porter and a screw of tobacco, they came to 3d.—he threw down another bad shilling—I said he had brought me another bad shilling—he said a young man outside had sent him with it, and he would go and tell him—he went out, and ran off—I ran after him—I told him he had given me three different shillings—he said he had, and he pulled out two sixpences and a 4d. .-piece, and said that was all the money he had—I gave the two last shillings to the policeman—I found another bad shilling in the till.
JAMES FRY (policeman, A 243). The prisoner was given to me, and these two shillings—he said they were not his; they were given him by a man outside—I found on him two good sixpences and a fourpenny-piece.
Prisoner's Defence. A man sent me in three times; when I came out the third time he ran away and I ran after him.
GUILTY . Aged 23.— Confined Six Months.
GEORGE GARWOOD . I keep the Anchor and Crown, King-street, Westminster. On Saturday, 19th May, in the afternoon, between three and four o'clock, the prisoner came with two men—she asked for a quartern of gin—she put a shilling down on the counter where some wet was—I gave her change, and put it on a cloth to dry—when it was dry, they were gone—I found it was bad—I put it in a drawer by itself, and locked it up—on the Monday the prisoner came again for half a pint of beer, and put a bad shilling
down in the wet in the same place—I knew her again the moment she Opened the door—I gave her a sixpence, a fourpenny-piece, and a penny—before I took it up I called to my man to shot the door—the prisoner said, "What for?"—I said, "I have a shilling to match this, that you gave me on Saturday"—she said, "I will swear I was not here on Saturday"—I sent for an officer, and gave him the two shillings—these are them.
GUILTY . Aged 23.— Confined Six Months.
HENRY HANNANT . I keep a beer-shop, at the Commercial-road. On the 18th May, the prisoner came for half a pint of porter—he tendered a shilling I said it was bad—he said he was not aware of it, and gave me another—that was bad also—I sent for the officer, who took him—I gave him the two shillings.
ALFRED BULL (policeman, H 160.) I took the prisoner, and received these two shillings—I found on him one halfpenny and a tobacco-box—he endeavoured to get away—he said he lived at 7, North-street—I went there, and it was a false address.
GUILTY . Aged 31.— Confined Two Days.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
ELIZABETH HUNTER . My husband's name was Henry—he was a pork-butcher, and lived at 7, Catherine-street, Poplar New-town—he left his house on 12th April, at a quarter before two o'clock in the afternoon—before leaving I handed him a box; he took out six sovereigns, and put them loose in his trowsers pocket—before he took the six sovereigns he took a sovereign and six or seven shillings in silver out of his pocket—I saw nothing more of him till I saw him at the Poplar station, in a very bad state—he died without taking any notice; he was a man of sober habits—I never knew him intoxicated—I have been married two years—he had good health, except a headache.
Cross-examined by MR. CLARKSON. Q. Did you know that he fell from an omnibus, and hurt his head? A. No: he was getting down and hurt his finger—he had shortly before had a room painted by a man named Welsh—he paid him two sovereigns that morning, before he went out—I did not see him pay him, but be brought up the receipt and laid it on the table, while he "was having his breakfast, at a quarter before twelve.
ELIZABETH COLE . I am the wife of Joel Cole, of 11, Bronte-place, Walworth. I knew Mr. Hunter—he came on 12th April, the first time about half-past four o'clock, and again between five and six—he remained about twenty minutes—he left between half-past five and six—he was perfectly sober and in good health—he had to give me half-a-crown, and I distinctly saw five sovereigns and some silver in his hand.
MATTHEW JOHN CHAPMAN . I am a bowstring and gut-maker, of Noel-street, Bermondsey New-road—I knew Mr. Hunter six or seven years, in different situations. On Thursday evening, 12th April, he came to my house
about half-past six o'clock—he bought four gallons of sheep-skins, 4 lbs. of pig-skins, and 1 lb. of bullock-skins—the weight of the whole was about 30 lbs.—he paid me 1l. 7s. 8d. for them, and left 8d. for the bullock-skins which he put in a silk handkerchief—I lent him a basket to put the other skins in—I carried the basket for him all the way to St. Thomas' Hospital—on our way we called at the Star and Windmill, Long-lane—he had a glass of porter, and I had some gin—we called at the Leopard coffee-shop, and had coffee, and bread and butter and bacon, which came to 8 1l. 2d—he gave a shilling to pay for it—he had changed a sovereign where he had the porter; he must have had other money, the change that we gave him out of the 1l. 7s. 8d.-when we got to London-bridge he went to a cab, and was agreeing with one of Hansom's patent cabs to take him home—the man wanted 3s. for it—then the prisoner came with his cab, and said he would take him for half-a-crown—he said, "Then you are the man for me"—he took the basket from me and pot it into the cab, and the bundle, and shut the cab-door—he was then perfectly sober—he got on the box with the driver, who asked me to lead the horse from the rank—I had known him seven years; he appeared in good health, I knew no difference—when I got back to the Town-hall it wanted ten minutes to eight—that is about five minutes' walk from the cab-stand—it was about a quarter before eight when we were at the cab-stand.
Cross-examined. Q. You went into more than one house? A. One public-house and one coffee-house—when Mr. Hunter came to me at half-past six o'clock he was not sober and not tipsy—he had been baring something to drink, but not to excess—he had had a little refreshment—he appeared as if he had been drinking.
MR. BALLANTINE. Q. You considered him somewhat fresh? A. Yes, when he first came to me—that did not interfere with his talking or walking—he could walk three times as fast as I could with my load—he offered to race me—at the time he left me he was as sober as I am—my house is about a mile from the cad-stand.
ALFRED HISCOT . I am barman to Mr. Cook, of the Star and Windmill, in Long-lane. On the evening of 12th May Mr. Chapman came with a friend—they had a glass of porter and some gin—his friend gave me a sovereign; I thought it was rather light, and refused it—he handed me another—I gave him change—I should say he was sober.
GEORGE MESSENGER . I am barman to Mr. Seears, of the King's Head, Grove-street, Commercial-road. I knew the deceased—I saw him at our bar on Thursday, 12th April, about eight o'clock in the evening—there were two men with him, who looked like cabmen—I believe the prisoner was one, I could not swear it—they remained two or three minutes—I believe they had something to drink—I did not supply them—I saw them go out, and immediately afterwards I heard some vehicle drive away—it would take a quarter of an hour or twenty minutes to drive from the other side of London-bridge to our house—I knew the deceased before; he was quite sober.
Cross-examined. Q. Had he not been drinking? A. He might have been; he was capable of taking care of himself—I observed no signs of drunkenness about him.
JOHN THOMAS SMITH . I am a clerk to the London Dock Company. On 12th April, about twenty minutes after eight o'clock in the evening, I was in the Commercial-road, near the turnpike, and saw a cab coming in a direction from town quickly—it passed—two men were sitting on the box, and one on the roof, with his back to the other two—I continued walking towards the gate—the man who was sitting on the left side of the driver suddenly fell off;
the cab stopped, and I ran up, and he was lying on his left side, with his head partly under him, in a state of insensibility—he was afterwards identified as Mr. Hunter—the cabman and the man on the roof got off—I asked the prisoner what was the matter with the man, if he had fallen in a fit—he made no reply, but appeared very much agitated—I asked the other man what was the matter with the man, and if he had not better send for a doctor, as he might have fractured his skull—he nodded his head, and said, "He only lives over the way"—the prisoner said, "We are going to take him home"—he opened the door with his left hand, and took hold of the deceased with his right—the prisoner's companion took hold of him with one hand—they took him to the cab, but he was in such a state that he could not get in, and they had to lift him up—they put him in a careless manner into the bottom of the cab—directly they got him in the prisoner said, "Come along, Bill" or some such words—they jumped on the box as quickly as they could, whipped the horse, and drove it into a gallop—as the cab did not stop, it roused my suspicion, and I communicated what I had seen to a policeconstable—no money fell out when the man fell, if there had I should have seen it.
Cross-examined. Q. How far was this from the East India-road. A. A mile or a mile and a quarter.
DANIEL SLEAP . I live with my mother, Jane Brown—my father-in-law is mate of a steamer—I was going along the Commercial-road a little after eight o'clock on 12th April, and saw a cab going along—I was tired of walking, took hold of it, and ran with it down to Stepney-gate—just before it got through, a person who was on the box fell off—I could not see him fall—I got from behind, and went on the path—they opened the cab-door, chucked the man in very carelessly, and drove off quickly.
HENRY HAMMOND . I am toll-collector, at Stepney-gate. On the evening of 12th April I saw the man tumble off, and saw him shoved in the cab—I took the number of it—the prisoner was driving it—there was another man"—I saw a wicker basket in it—there had been three persons outside—it went straight forwards towards Limehouse.
ANN ELIZA GOODCHILD . I am a widow, and live in the East India-road. On 12th April I was going up the East India-road, between eight and nine o'clock, and saw a cab, which appeared to be standing still—all on a sudden the horse started, and ran rapidly towards North-street—there was a man driving it, who was hissing and whipping the horse—I went a little further, and heard groans—I found it was Mr. Hunter—he was staggering a little, and appeared under the influence of liquor—he spoke as plainly as I could, not appearing to be drunk.
JOHN M'KINNA (policeman). I was in the East India-road on the night of 12th April—I heard groans, crossed over the road., and saw the deceased standing on the footpath, with his shoulder leaning against some railings—he was staggering—I considered him drunk—he walked some distance, and then fell—I took him to the Poplar-station—he never recovered—he died about eight o'clock next morning—I found on him 4s. 1 1/2 d. and a bill of parcels, but no gold—I had seen a cab driving off about three minutes before, down the road, and I heard the man groaning on the opposite side.
JOSEPH PUDDIFORD (policeman, K 276). I took the prisoner—I told him to drive me to Poplar—I saw Hammond, who gave me a nod to say the prisoner was the man—I told him to go on to the East India-road, and on the way I asked him several times whether he drove a cab on the Thursday night—he said he did—I asked him if he went down the Commercial-road—he said he was not there at all—when we got to the East India-road, I said,
"The man who was in the cab was robbed, and put down against theae palings—he said, "Oh! indeed, sir"—he then drove to the station.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM THORPE . I live at 18, Barnsbury-row, Islington. On 21st May, about four o'clock, I had my handkerchief safe—the officer gave me information, and I missed it—this is it (produced)—it is marked.
ALFRED GREEN (City-policeman 376). I saw the prisoners following Mr. Thorpe—Brown took this handkerchief from his pocket; Giles was covering him—they ran down Bow-lane—I overtook them, and took them to the station—Brown pulled this handkerchief out of his pocket, and said it was his own—I had watched them following three gentlemen for half an hour.
GILES— GUILTY .* Aged 15.— Confined Three Months.
MARIA BARNETT . I am in partnership with Sarah Woolfe, at Shepherd's street, Tenter-ground. On 22d May, I employed the prisoner to carry a bundle for me—I went with him—I just turned my back, and he was gone—I could not find him for a week—I have never seen the goods since—I swear he is the man.
WILLIAM MOBBS (City-policeman, 265). On 26th May, I took the prisoner, sleeping under some arches in Snow-hill—I told him the charge—he said the bundle was of no use to him, and he laid it down in Finsbury-square, and left it.
GUILTY .* Aged 24.— Confined Three Months.
ELIZABETH WARNER . I am a widow, and live at 27, Jewin-street. On 29th May the prisoner came—I saw her put her hand on the mantelpiece, and directly missed my daughter's watch, which I had seen safe three minutes before—this is it (produced)—I found it at a pawnbroker's.
Prisoner's Defence I did not go into the room, I was not further than the door. If I had stolen it, I should not have put it in my own name.
GUILTY . Aged 45.— Confined Three Months.
WILLIAM HENESS . I live at 94, Upper Thames-street. On 25th May, I was in Houndsditch—a witness told me something, and I missed this pocket-book (produced), which was safe a quarter of an hour before.
ALFRED EDWIN NEWBOLD . I saw the prisoner with his hand through the bottom of his coat pocket—he did not put his hand out—he had holes cut there—he took a pocket-book from Mr. Heness' pocket, and threw it into a cart—I
followed him—he said, "There it is," pointing to the cart—I called Mr. Ems back, and the book was given him—the prisoner went on his knees and begged for mercy.
GUILTY .* Aged 16.— Confined Four Months.
GUILTY . Aged 41.— Confined One Month.
MR. CLARKSON conducted the Prosecution.
THOMAS HOLME BOWER . I am in partnership with my son, at 46, Chancery-lane, the prisoner was my clerk. On 7th May, I sent him to Sir Charles Price's with a cheque for 20l. About half past five in the afternoon I received this letter, in his writing—I did not see him again till the 10th.
(Read—"Messrs. Bowers and Co., 46, Chancery-lane. Sir,—I hardly know what to say; I have had the misfortune to be robbed of the 20l. I received of Price and Co.; what I am to do to repay it I know not; I will do anything-"I am completely distracted.")
Cross-examined by MR. BALLANTINE. Q. How long has he been in your employ? A. Since Sept., 1844—he has been entrusted with larger amounts.
JOHN EOERTOK KILLER . I am one of Mr. Bower's cashiers. On 7th May, I gave the prisoner this cheque (produced), to get gold for, and bring back to me, having first paid 30s. or 33s., at the Bankruptcy Court—this "Bower and Son, 7l. 5l. 49," on this 5l.-note is the prisoner's writing—I got it from the bank—I have since had to pay the fees at the Bankruptcy Court.
Cross-examined. Q. Had you entrusted him with 120l. for a Bank post-bill, two or three days before? A. Probably—these papers (produced) were found on him, they are a list of fees to Counsel.
CHARLES ROGERS . I am clerk to Price and Co. On 7th May, I paid the prisoner Mr. Bowers' cheque for 20l., this 5l.-note, No. 02058, 12th April, 1849, and 15l. in gold—in a quarter of an hour, or twenty minutes, he came back, and said he had fallen down and lost the money—he seemed very much agitated and frightened, and said two men had picked him up.
WILLIAM WALKER . I know the prisoner and Mr. Bower—I am sealer of the Writs in the Court of Queen's Bench. On 7th May, I gave change for this 5l.-note—I cannot say who brought it, or whether I saw the prisoner that day—I know I received it from Messrs. Bower's house, because I have endorsed it "Bower and Son, change 7th May, 49."
Cross-examined. Q. If a person had brought you that, and pointed to Bower and Son on it, should you not have paid it? A. If a respectable person brought it.
JOHN HAND POWELL . I am a registrar in the Bankruptcy Court. On 7th May, a person came to pay some fees in Dyne's Bankruptcy—when I had written the receipts, be put bia hand in his pocket, and said, "Bless me, I have lost my money"—he said that he had tumbled down, and some one had picked him up.
JAMES DOMSETT (policeman, 136 F). I took the prisoner on 10th May—he said he did not think Mr. Bower would have been so hard, he thought he would allow him to repay the money, as he bad entrusted him with much larger sums.
GUILTY. Aged 35.—Recommended to mercy. — Confined Six Months.
CURTIS WILLIAM STEPHENSON . I am a grocer, of Strutton-ground. On 8th May, in consequence of suspicion, I bad the prisoner's boxes searched—this moist sugar was found there, in a bag—I had such and such paper—she offered to pay me for it.
Prisoner. I required more sugar than my master gave me. Witness. She had as much as she wanted.
MARK LOOME (policeman, B 11). I asked the prisoner if she had any objection to let her master look in her box; she said, none at all—I found this sugar there, wrapped up in some linen—she said she took it, and intended to pay for it.
GUILTY. Aged 40.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Wednesday, June 13th, 1849.
PRESENT.—The Right Hon. the LORD MAYOR; Mr. Justice PATTERSON; Mr. Ald. GIBBS; Sir WILLIAM MAGNAY, Bart.; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
JOHN THOMAS STANLEY . I am ten years old, and live with my uncle, John Keys, who keeps the Horse and Groom public-house. On Thursday afternoon, 3d of May, about five o'clock, I was coming from school, I had a bag containing four books; the prisoner and four others came up behind me—I had never seen the prisoner before, but I am sure he is one of the persons—one of them laid hold of my legs—I kicked him and he hopped away, and then the prisoner came and held my legs; I fell, and while I was down, one of them took my bag away, one held my neck, another had hold of my collar, and the prisoner had hold of my legs—they then all got up and ran away—the prisoner knocked me about the face and body—they all ill-used me, and broke one of the hooks off my coat, and a button off my waist-coat, and searched me—it was in Paradise-fields—they tried to search my waistcoat-pockets, but I held my elbows close so that they should not—I think I was on the ground about five minutes—I ran after them, but could not see a policeman, but after I got home, my aunt sent me for one—I went next day to the station at Hackney, and there saw the prisoner; I am certain he is the one that held and beat me.
RICHARD CLARK , (policeman, N 223). I got a description from the prosecutor, in consequence of which I looked after the prisoner—I found him on 4th May in Hackney churchyard—I told him the charge—he said he had been round Dalston and Shacklewell with the sweeps.
Prisoner. I was not near the place—I was two miles away.
GUILTY of an Assault. Aged 17.— Confined Six Months.
Before Mr. Justice Patteson.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
EDWARD LAWRENCE . I am a letter-carrier, employed at the Charing-cross Branch Post-office. On 6th June, about thirteen minutes past six o'clock, I went down into the vaults underneath the building, where there is a cistern that supplies the water-closet, behind a partition of which I had hid my pipe, as we are not allowed to smoke; when I put my hand up to get my pipe, I felt a paper stuck behind the partition, which turned out to be this letter (produced)—it was then sealed up, but has been opened since—it was impossible for any one to see it unless going to the spot for something—it appeared to contain coin, and I put it back again—I went up to the sorting-office, and communicated what 1 bad seen to Mr. Heath, the inspector on duty—he went down with me to the place, and he took possession of the letter.
WILLIAM HEATH . I am an inspector of letter-carriers at the Charing-cross Branch-office—the prisoner has been a letter-carrier at that office four or five months—about six o'clock on the evening of 6th June, I received a communication from Lawrence, in consequence of which I accompanied him to one of the area vaults, I put my hand behind the partition of the cistern, and found this letter there, which appeared to contain money—I took it up stairs—I then sent for William Benning, the porter, and after I had spoken to him returned with him down stairs, and placed the letter in the place I had found it—about half-past seven I went to the vault, and Benning said to me in the prisoner's presence, "I have caught him in the fact, and he has thrown the letter into the cistern"—the prisoner made no answer—Benning brought a candle, and I saw him take the same letter from the cistern that I had seen in the vault—the seal had not been broken—I afterwards sent Benning with the prisoner to the chief office, St. Martin's-le-Grand—the letter bears the mark of the chief office, and the hour when it? was sent out, four o'clock, June 6—in its regular course it would go from the chief office to the Charing-cross office, and would arrive there about eighteen or twenty minutes past four—the prisoner was then on duty there—it was part of his duty to sort the letters which came there from the principal office—if the letter was potted in Oxford-street at two, or after two, it would leave there at three for the chief office, and would leave there stamped "Four o'clock"—it was not in the prisoner's delivery—(the letter was directed to "Robert Elder, Fusileer Guards, Vauxhall Hospital")
WILLIAM BENNING . I am a porter at the Charing-cross Branch Post-office—in consequence of instructions from Mr. Heath, I went to the vault where the cistern is, and was present when he placed the letter behind the partition about half-past six—I was then placed in a situation which enabled me to see the cistern without being seen myself—while I was watching, the prisoner came, he went direct to the cistern, put his hand behind the partition, took the letter up and put it in his coat breast-pocket—I went forward and said, "Have you taken anything from the cistern?"—he answered "No, why do you ask me?"—I said, "I merely asked you" I—then got on the cistern, and having assured myself that the letter was gone, I said to the prisoner, "Are you sure you have taken nothing from here?"—he answered, "Yes, I am sure"—I then said, "Will you accompany me up stairs to the inspector?"—he said, "No; why should I go with you?"—he then said, "I have no objection to go up stairs to the inspector if you will go first"—I said, "It is necessary we should go together"—he then drew himself from me a couple of paces, put his hand into his coat breast pocket, drew the letter out, and threw it into the cistern—I then seized hold of him, and called for assistance—Mr. Heath came down—a candle was sent for, and the letter was found floating in the cistern—it was the letter that has been produced—it was
then sealed up—the prisoner was then taken to the chief office, and as we came along Ludgate-hill, and turned past Newgate, he burst into tears, and said, "I suppose in an hour I shall be within those walls"—previous to that, on arriving at Temple-bar, he shed tears, and said, "This is a most unfortunate hour for me"—I took him before Mr. Sculthorpe, one of the Presidents, and delivered the letter to him.
WALTER ROBERTSON SCULTHORPE . I am one of the presidents of the London district office, at the chief office. On the evening of 6th June tie prisoner was brought to me by Benning, who delivered to me a letter, and, in consequence of what he told me, I asked the prisoner what explanation he had to give—he said he did not place the letter there in the first instance, that he went down to the water-closet about four o'clock, saw a piece of paper through the partition of the cistern, put his hand there, and found it to be a letter, that he felt it, and noticed that it contained money, and he put it back for an improper purpose, and when he came in at six, he went down for it, as he intended stealing it, and threw it into the cistern—I then gave his into Peak's custody, and gave him the letter—I wrote down what he said.
Prisoner. Mr. Sculthorpe put down the words without my having said it Witness. He made use of those words himself; I am quite positive he said he put it there for an improper purpose, and I said, "What do you mean by an improper purpose?—I do not think I used the word "steal" before he did—it was in answer to the question I put to him that he said that—I will not be positive that I did not say to him, "Do you mean that you intended to steal it?" but I do not think I did—I am sure he used the words, "I did intend to steal it."
GEOROGINA BOURGOM . I reside in King-street, Golden-square. I put this letter into the post, in Oxford-street, at ten minutes past two o'clock, lift Wednesday—a friend wrote it for me, I saw 2s. put into it.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Jury. — Confined Eighteen Months.
GUILTY. Judgment Respited. — To enter into his own recognizance, and to find sureties to appear and receive judgment when called upon.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JAMES BLACKETT ATKINSON . I am one of the warders in the Penitentiary. On 23d April last the prisoner was in my ward—it is one of the regulations of the gaol that prisoners are not allowed to speak from their cells to one another—that is made known to the prisoners—on Monday, 23d May, I heard a convict, named Tomlins, calling from his cell to the prisoner, in consequence of which, I went and advised Impey not to have any conversation with him, so as to keep himself out of trouble—he said he had not been talking to him—I said I did not accuse him of talking to him, I merely cautioned him against having any conversation with him—I told him I had heard Tom lins calling from his cell-gate, and I had reported him (Tomlins)—I had an
open book and a pen in my band—next morning I went to the cell-door between six and seven o'clock—I unbolted his cell-door—the prisoners have a broom, and a piece of flag-stone in their cell, for the purpose of scraping their cell—I called out his number for him to come out to empty his po—he came down to the centre where I was standing—I turned round to see whether a prisoner was coming out of the closet or not, and while I turned round the prisoner struck me a blow in the face with the cell broom, which stunned me and broke the broom—I was then making my way into the closet away from the prisoner, and received a blow on the back of my head, which I presume was given me by a stone in a handkerchief, as I afterwards saw a handkerchief in the prisoner's hand with something in it, which felt hard, and after the occurrence the stone was gone from the prisoner's cell—when the prisoner was taken before the Governor, he stated that he supposed I had reported him, and he would be the death of some one for the punishment he had suffered—he had been flogged shortly before, for an assault on an officer in the Penitentiary.
ROBERT MORGAN . I am a convict under sentence; at Millbank Penitentiary. I had just come out of Mr. Atkinson's room, and was speaking to him when the prisoner struck him with a broom on the side of the face—he then struck him with a stone tied up in a handkerchief on the back of the head-Mr. Atkinson was stunned, and went into the closet bleeding very much—the prisoner staid at the door with the handle of the brush in one hand, and the handkerchief in the other, and said, "You b----b----if you come out I will be your death"—he tried to get in, and a man inside prevented him—the brush was broken.
Prisoner, He was about twenty yards away? Witness. I was not—the brush just caught my ear as he struck the blow—I did not steal a loaf out of his cell; I always had enough.
JAMES DAVEY RENDELL . I am surgeon to the Millbank Penitentiary. On 24th April I saw Mr. Atkinson, and found a cut wound, about three-quarters of an inch long, on the back part of his head, at the right side—it was such a wound as a stone slung in a handkerchief would inflict—there was also a bruise on his left cheek. Prisoner. I have nothing to Bay.
GUILTY . Aged 22.— Transported for Fifteen Years.
MR. HUDDLESTON conducted the Prosecution.
JOHN MARSHALL . I am a cheesemonger, in Cannon-street, City. Mr. Long is a customer of mine—I knew the prisoner as his clerk—on 18th May he brought me this check, which I cashed for him—he said Mr. Long bad given it to him for his own use, but it was too late for the bankers, that he was going out fishing next day, and he should be glad if I would change it for him, as it was a holiday next day—I paid it away; it came back to roe as a forgery, and I gave it to Storey the policeman—I have lost the 2l.—I had previously cashed two or three checks for the prisoner (looking at two dated 1 st March and 12th May)—I have no distinct recollection of these, but I have very little doubt that they have passed through my hands; they were not returned to me.
Cross-examined by MR. WOOLLETT. Q. How tear do you live to Mr. Long? A. About 800 or 400 yards—I have known the prisoner about two
years—I have perhaps cashed four or five checks for him during the last six months—I should not have cashed this check if I had not known him as Mr. Long's clerk—I do not think I have ever cashed a check of Mr. Long's for any one but the prisoner.
WALTER SEARLEY LONG . I am a solicitor, in Laurence Pountney-lane. The prisoner has been in my service as clerk for sixteen or eighteen month—I am not in the habit of paying my tradesmen through the prisoner br checks—I generally draw checks for the office and for the house; they would frequently pass through the prisoner's hands—this check is not m; writing; I know nothing of it—I believe all these seven checks to be in tic prisoner's writing, but disguised—none of them are my writing, nor written by my authority—these checks have been extracted from two books; thej are differently numbered—I find that five have been wholly extracted from one book, and two are missing from another, which I cannot account for—I kept my check-book locked in a drawer in my office, the key of which was invariably in my pocket—the prisoner had no key of it—the book from which the five checks were extracted, I left for two or three hours on a desk before I put it into the drawer, and he might then have had an opportunity of getting them.
Cross-examined. Q. Have you never paid your tradesmen through tot prisoner? A. I have, but never such small amounts as these—I never drew a check for tradesmen or general disbursements under 5l.; I have done so sometimes, but not for the office—I have two clerks; I had no extra clerks while the prisoner was with me—I cannot say when it was I left my checkbook out for two hours; it was the same day I brought it from my banker's; it was about a quarter-past two o'clock—the prisoner had no regular time to go to his dinner—I recollect his being at the office at that time, for I put the check-book on a desk opposite to where he was sitting—these are very good imitations of my handwriting—one or two of the checks I can swear positively to be in the prisoner's writing, and the others I believe to be his—I believe the one in question to be his, but I would not positively swear it; it is more disguised—all these checks have been paid by the bankers, and passed to my account, except this one, which was refused at the bank under my direction not to pay any further checks without they had a private mark—I fill up my checks myself—I have never accused any of my other clerks of forgery; I discovered once that a clerk of mine had robbed me of 2l.; I placed that matter in the hands of Storey, the officer, and he recovered the money—I did not prosecute him; his father replaced the money next day—I discharged him.
MR. HUDDLESTON. Q. Look at your check-book; do you see any date on the counterfoils there? A. Yes; I have no doubt the first check was drawn either the day I received it, or the day after; that is about 1st May-five of these forged checks are dated subsequently to 1st May, and they bear the same numbers as those I lost—I did not give the check in question to the prisoner, nor did 1 give him a holiday about that time to go out fishing.
MR. WOOLLETT. Q. Have you ever paid the prisoner his wages by check? A. Never; I paid him his salary every week, not by check.
HENRY SAMUEL HALL . I am a clerk, at the Commercial Bank of London; Mr. John Taylor and others are the partners of that bank—Mr. Long keeps an account there—four of these checks were presented there for payment—I believe I paid some of them to the prisoner.
(----Bushnell, tailor, 48, Glbson-street, Waterloo-road;----Cushion, optician, 50, Dean-street, Soho; and Henry Harwick, an officer of the Palace-court; gave the prisoner a good character.)
GUILTY of Uttering. — Transported for Ten Years.
MR. HUDDLESTON conducted the Prosecution.
JAMES RICHARDSON LAKE . I am an engraver, of 2, Shoe-lane, Fleet-street; I have been employed by the Beverley Bank for the last fifty years, engrave their notes—these two pieces of paper are impressions of their 5l.-notes—I know nothing of the date, number, or signature.
Cross-examined by MR. PAYNE. Q. Is there anything defective in it? It is a faulty print—I never allow persons to take away faulty prints—I e not examined this note with the plate; it is in my possession; it is thirty years since it was engraved—this was never sent down to Beverley; it ought to have been given to me and destroyed—the prisoner had no access to place—I never saw him till he was at Worship-street.
THOMAS BURT . I live at 3, Albion-place, Clerkenwell. Some time ago I was in Mr. Lake's employ, and was engaged in printing some notes of the Beverley Bank—some impressions were imperfect, and I laid them on the shelf of the press I was at work at—I took one impression home—the prisoner lodged in the same room with me—I knew him by the name of Cornelius Veto—since he has been taken I have looked for that impression, and have not been able to find it.
Cross-examined. Q. His connections are respectable people? A. Highly so—Veto is his right name.
JAMES HAWKINS (policeman, G 191). On 9th May I was in Mr. Wood's, a pawnbroker, in the City-road—the prisoner came in and asked where he could get a country note changed; they could not tell him, and as he went out he asked if I could tell him—I said I thought one of the Banks was the most likely place—he had a piece of paper in his hand, he went out—in about two minutes I went out, and saw him going up the City-road, towards Islington—he turned back, and went into a loan-office, came out again, and I stopped him, and asked where he had got the note—he hesitated some time, and at last said his master had sent him to Long-acre to get it changed—I asked who his master was—he hesitated some time, and at last said his name was Freeman, a furniture-dealer, in the Hackney-road—I said his account did not satisfy me, 1 took the note from his hand, and said he must come to the station—it was in two pieces, as it is now—when I had taken him to the station I went to the Hackney-road, but could find no Mr. Freeman—I went back, and told him so—he said he met a man in a public-house, near Shoreditch Church, who told him he would give him employment, and gave him the note and 3d. to ride to Long-acre, to get it changed; that he rode as far as a public-house in Bishopsgate-street, and then got down—I said the City-road was not the way to Long-acre.
Cross-examined. Q. Were you dressed as a policeman? A. Yes.
GUILTY—Aged 21.—Recommended to mercy by the Prosecutor and Jury, — Confined Six Months.
NEW COURT.—Wednesday, June 13th, 1849.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. HOOPER; Mr. Ald. MOON; Mr. Ald. SIDNEY; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 17.— Confined Six Months.
1251. JOHN SCANLAN , stealing 2 printed books and other articles, value 26s.; the goods of William Shaen and others: also, stealing 1 pencil case and 1 pair of gloves, value 11s.; the goods of Arthur Edward Bacon: to both of which he pleaded
GUILTY . Aged 22.— Confined Six Months.
GUILTY.— Judgment respited.
MR. CLARKSON conducted the Prosecution.
HENRY JAMES EDWARDS . I keep the George, in St. John-street, Clerkenwell. I was at Mr. Goosey's house on 16th May, about three'o'clock in the afternoon—in consequence of what passed between us, I asked the prisoner, who was his barman, bow much money he had when he came into Mr. Goosey's service—he said he did not know exactly, it might be between 2l. and 3l., or 3l.—I asked if he had laid any money out—he said no—I then told him of various things which I knew he had bought, and that I believed he bad been laying out some of Mr. Goosey's money—he said he had not, and all that he had was his own—I said I believed he had one shilling of Mr. Goosey's, and asked him to turn his pockets out, which he did—I told him to let Mr. Goosey go up stairs and search his boxes, which he did, and from a box which was locked, of which the prisoner produced the key, Mr. Goosey took a purse, and turned out its contents on the table, and amongst it was one shilling, which he claimed—the prisoner said there was about 18s. 6d. belonging to him, but he could not account how the other money came there.
WILLIAM GOOSEY . I keep the Merlin's Cave, in Upper Rosomon-street—the prisoner was my barman. On 15th May I made an arrangement with Mr. Sams to ascertain the prisoner's honesty—it was his duty to get up at five o'clock in the morning, open the house, and to attend to the business till I came down at nine or a quarter-past nine—I examined the till, and found 15s. in it—I took it all out—Mr. Sams had marked two half-crowns, two shillings, and a sixpence; they were put into the till—I looked in the next day, and missed one of the marked shillings—Mr. Edwards came at three that afternoon, and he told the prisoner he had got a shilling of mine, and to turn his pockets out—he did so, but the missing shilling was not there—we went up stairs, and 1 told the prisoner to unlock his box, which he did—I turned his coat over, and took his purse out, and in the purse I found the marked shilling—we told him that was the shilling we missed—he said all the money that was there was his own, and he could not account for it—this is the shilling.
Prisoner's Defence. I did not take the shilling; I know nothing about it; I had placed half-a-crown in the till and taken 2s. 6d. out; I laid out one shilling.
GUILTY . Aged 22.— Confined Six Months.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
JOSEPH RUDD . I am in the service of Messrs. Morrison—the prisoner was in their service, and slept in the next bed to me—in consequence of having missed money, I marked some money on Thursday, 18th May, I put it into my waistcoat-pocket, which I laid on the end of the bed when I went to bed that night—there was a half-crown, three shillings, and a fourpenny-piece—I got up next morning about seven o'clock, I examined my waistcoat, and the money was safe—I went down stairs and left the prisoner in bed—I went up again about eight, the prisoner was then gone from the room, I examined my waistcoat, and missed my money—I informed Mr. Slater, and he summoned as many of the young men who slept in that room as they could call together—the prisoner was one—Mr. Slater mentioned the fact of the money being lost, and requested them to assist in the matter, by each showing what money he had got—the prisoner produced what he had got, and in his pockets was the money belonging to me—this is it—it was in consequence of what Mr. Slater said that I marked this money—it was not marked in his presence—he did not see it till the prisoner produced it.
Cross-examined by MR. BALLANTINE. Q. I suppose you are quite clear that this is the money you marked? A. Yes—this half-crown and two shillings was amongst some other money in the prisoner's right waistcoat-pocket, and one shilling and the fourpenny-piece were in his left pocket-fifteen or sixteen persons slept in that room—there are eighteen beds; they are not far from each other—I slept in the next bed to the prisoner in one compartment—it is a long room, and wooden divisions rise from the floor, but do not go quite to the ceiling—there are no other of the young men here to tell how soon after I left, the prisoner left the room, but from the regulations of the house, I should say he left about half-past seven o'clock—the young men wash in a room next to the sleeping-room—his clothes would be left during the time he was washing—the prisoner has been there two or three months—he has a brother there, who is a respectable person—the prisoner was told that if he would confess, so as to clear other persons, there would be no prosecution—there was about 20s. in all found on him—he took the clothes out of his boxes himself—there was no money in his boxes-there had been a half-sovereign missed a day or two before, by a person named Hitchcock—some other money had been lost, I do not know to what amount—the prisoner said that all the money he had the night before was about 15s., and that somebody must have put this 5s. 10d. in bis pocket—this was on Friday—he would not have bad a holiday since the preceding Sunday, unless he had asked for one—I do not know whether he had had one—he might go out in the evening, perhaps—I did not see him in the house on the Thursday evening when J went to bed—the young men go out if they like after business—they come home at eleven.
MR. ROBINSON. Q. These compartments are like the boxes in an eating-house? A. Yes; there are two beds in each of them—when I left to go down that morning there was no one in that compartment but the prisoner—I did not mention to any one that I had lost this, but to Mr. Slater—he took one
of the young men from the warehouse, and we went into the room; some of the men were there, and he said to the young man, "Go down and call the young men who sleep in the room"—the prisoner came up directly, as soon as the young man could bring him.
ROBERT SLATER . I am a partner in the house of Messrs. Morrison and Co. In consequence of information I directed the prosecutor to mark some money, and on the morning of 19th of May he came to me, and I sent for the young men who slept in that room—the prisoner came immediately amongst the rest—I informed them that several of the young men had lost money, and one in particular had had his pocket picked that morning, and I begged they would show what money they had—the prisoner instantly took his money out—I took the money and laid it on the table—I found this marked money amongst it—I had no other motive for fixing on him than the fact of his sleeping in the same compartment with the prosecutor.
Cross-examined. Q. What is the prisoner's father? A. I believe a carpenter—his brother has been our clerk many years—I do not think all the young men came up on my desire—I think there might be ten or eleven in the room; the rest were below; they are not here—any one of then would have the opportunity of putting the money in the prisoner's pocket—I did not take the money from any one except the prisoner.
COURT. Q. You were aware that this money was to be marked? A. Yes; I believe that none of the other men knew it—certainly they did not know it from me.
JOSEPH RUDD re-examined, I did not communicate it to any one—if any one put this money into his pocket it must have been done while he was in the washing-room; it could not have been done after any notice had been taken of it.
GUILTY . Aged 17.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
EDWIN JOSEPH KENDALL . I am in partnership with my father; we are shoemakers, and have a shop at 25, Drury-lane. A lad named Moon was in our service—he was taken up and discharged—on 16th May I went to the prisoner's shop in a street at the back of Holborn; I believe it is Princess street, near Turnstile—he was asked in my presence if he knew John Moon—he said, "No," but after some time he said such a boy had been there about three months before, and offered some pieces of leather, and some nails—I asked if he had bought leather and cloth of him—he said, "No"—I asked where he bought that leather which I pointed to—he said no doubt the man would be there in about a fortnight that he bought it of—Moon's father-in-law was with me—he asked the prisoner if the boy had been there lately—he said, "No"—he said he had been seen there smoking some little time previous—the prisoner then said he had been there about a fortnight before and asked for a light for a pipe—he said he had been there several times-there was a drawer partly open, and I saw in it these two pieces of cloth; they are about three quarters of a yard—I supposed it to be our cloth, and on returning to the piece in our warehouse I saw about a yard had been taken from a piece of about fifty yards—I asked the prisoner, when this cloth was found, if he had bought cloth of the boy—he said, "No"—he did not tell me where be got it—I saw some pieces of leather on a window-board, and some
very near the prisoner—they are now produced here—I have a part of the piece of cloth here; this piece appears to have been cut first and then torn, the parts exactly correspond; that enables me to identify the cloth found in the drawer at the prisoner's as our property—I did not ascertain that any leather was missing when I got home, but I have missed some since, I wrote to Northampton; I knew these skins had been sent from there before, and from the eight that were sent, about four were used, and there was only one left, so that three were missing—the leather is worth 15s. or 16s., and the cloth about 5s. a yard—this leather belongs to me and my partner—I did not ask the prisoner any questions as to where he got the cloth—I asked if he bought any cloth—he said, "No"—I asked him this while I was handling the cloth—I asked him if he bought any of a boy—he said, "No."
Cross-examined by MR. PARNELL. Q. Do you serve in this shop in Drury-lane? A. I am occasionally in one shop and sometimes in the other—we have two shops—a man named Shields has charge of the shop in Drury-lane—I know from what he told me and from looking in the books, how many of these skins had been used—I got some information from Northampton, and some from Shields, and ascertained that there ought to have been four of these skins left, and there was only one—this leather is the same sort as oars; it would be rather a difficult thing to swear to it—this is the cloth, there is no mark on it; here is the place where it has been cut and then torn—there are no remnants of cloth about our place—the cloth is in large pieces, and is cot up till it is finished—there might be such a thing as a piece of cloth four yards long, separate from a large piece—one of these pieces of cloth is a little longer than the other—Moon's father-in-law asked the prisoner if he knew Moon, and he said, "No"—he then described the boy, and the prisoner said such a boy had been there.
JOHN MOON . I was in the prosecutor's service—I have, known the prisoner three or four months—I was in the habit of going to his shop two or three times a week—he has several times said to me when I have gone there, "I shall want so and so next week, "or" I shall want a skin next week" that was a calf-skin—about three weeks before I went before the Magistrate I took a calf-skin to the prisoner; I got it from my master's: I had not my master's authority, or any one's authority to take it—the prisoner did not give me anything for that skin when I took it to him—I had taken another skin to him about the 5th May, I think he gave me 8s. for that—he knew where I brought them both from—I took some cloth to him which I cut from the whole piece at my master's premises, the prisoner did not pay me anything for it when I took it—I said it was to be made into a pair of boots for a girl, but when I went again in a day or two afterwards I said he should reckon it in with the leather—he knew where I brought the cloth from, and he knew I was living in the employ of Messrs. Kendall—I cannot recollect how much money I received from the prisoner altogether—he paid me 3s. for the first skin, and 3s. for the second—I generally used to go to the prisoner's to smoke, and it was then that he said he wanted some leather—I did not mean to have any boots made with the cloth; I was only joking.
Cross-examined. Q. When did you take the cloth to him? A. A day or two after I took the calf-skin—I told all about this to my father when he came home, directly he accused me of it, when he said Mr. Kendall would forgive me—I had told him at first that I did not take it, bat when he said Mr. Kendall would forgive me, I then told him I took the leather and the cloth—I have
been at Mr. Kendall's about a month the last time, but I have been there, on and off, the last three years—I am fifteen years old—I have been in the habit of taking things for about six months—I have never taken things anywhere but to the prisoner—the first thing I took him was some nails—I knew I was doing wrong all the time I was doing it—there was no young woman at all that the boots were to be made for, that was all untrue—I forget how much the prisoner has given me for the things—I became acquainted with him because I used to go and look in at his window and see him at work, and then J used to go in, and then I took him some nails—there was another man there then; I do not know his name—when I had taken the nails, I took him several things—he used to buy them of me-when I took the nails the prisoner asked me where I got them—I said I brought them from my father—he did not know what my name was, nor where I was at work—I first told him where I was at work when the other man went away—I cannot say how long that is ago—I was shop-boy at Mr. Kendall's—I had 5s. a week—I told the prisoner I was at Mr. Kendall's—I did not have so much then.
HENRY ATTWOOD (policeman, F 152). I went to the prisoner's house on 16th May—I found him there—I told him I came to take him into custody on suspicion of receiving some leather and cloth, knowing it to be stolen—I told him I should take him to the station—he said, "Very well, I will go with you"—on the way to the station he wished to know several times what the boy had said against him at the station—I told him be would hear when he got there.
Cross-examined. Q. You went to the shop some time after Mr. Kendall had been there? A. Yes, an hour afterwards—the boy was at that time in custody—he was put in the dock at the station—he was remanded three days.
WILLIAM BANKS . I am the step-father of Moon, and live in West-street, Saffron-hill—I work for the prosecutors, Moon was in their employ. I went on the 16th of May with Mr. Kendall to the prisoner's shop—I had received information about Moon and the prisoner, before I went there—I asked the prisoner if he knew such a boy, describing him in a blue coat and leather apron—I do not know whether I mentioned the name—he denied knowing the boy—I said, "You know it is correct; one of our workmen has come in and ordered him out"—he then said that such a boy had been there two or three times to light a pipe—I recollect the cloth and leather being found—Mr. Kendall asked him who he bought the leather of—he said sometimes he bought of a man who sold on commission, and sometimes he bought pieces of piece-brokers—he said the boy was there about a fortnight ago.
Cross-examined. Q. Do you work at the prosecutor's? A. I did at that time—I generally carry on business at home—I have nails of my employers in ray possession—I married Moon's mother—Mr. Kendall felt annoyed that I had not found out that the boy bad too much money.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy by the Jury and Prosecutor. — Confined Nine Months. (There was another indictment against the prisoner).
GUILTY . Aged 41.— Confined Six Months.
HENRY ADAMS . On Thursday morning, 10th May, I was at the Nag's Head, Hammersmith, drinking beer with the two prisoners—I had a watch in my pocket, and a handkerchief, and some money—I fell asleep about three o'clock in the morning—a person awoke me about half-past four—all my property was gone—this is my handkerchief (produced).
WILLIAM OGDEN . I was in the Nag's Head, and saw the prosecutor asleep—Evans was by his side, and she took 31l. 2d. from his pocket—I saw I her hand in his pocket—she tendered the money to me, and asked me to pat I a halfpenny to it to make a pot of beer—I said I did not like such ways—she then tendered it to Gates, and he took it, and went for the pot of beer-Adams had his watch when I left the tap-room—there was no one there then but the prisoners and Gibbs, who was discharged—I returned in two or three minutes, the prisoners were then gone.
JAMES MARTIN . I am ostler at that house. About four or five o'clock that morning I went into the tap-room—I saw the two prisoners and another young man, who has been discharged—the prosecutor was on the seat asleep—I saw his watch-chain in his pocket—I went to the door, and I then saw that his watch-chain was missing—I told my master—I went after Gates—I saw him near the water-closet—I found this handkerchief in the water-closet.
Evans's Defence. I am innocent; I think it very hard I should be so long in prison.
GATES— GUILTY . Aged 24.— Confined Nine Months.
EVANS— GUILTY . Aged 24.— Confined Six Months.
SAMUEL EASTMAN . I live with Mr. John Dent, a linen-draper, of Crawford-street. On 18th May he had some printed cottons hanging in his shop, about two yards inside his door—this is one of them, it has the ticket on it—I had seen it safe probably two days before.
EDWARD TOTTMAN (policeman, A 393). I was on duty in plain clothes at seven o'clock in the evening on 18th May—I saw the prisoners in company—the; went to one linen-drapers and then to another—they went to Crawford street to Mr. Hunt, a linen-draper's, and looked at the articles there—they then went to Mr. Dent's, and Linton and Fitzgerald went into the shop—Linton pulled this piece of cotton out of the pile, and Fitzgerald pat her hand to the pile to steady it—Linton gave this piece to Sparkes—I took them with it
LINTON— GUILTY . Aged 22.
SPARKES— GUILTY . Aged 18
FITZGERALD— GUILTY . Aged 19.
Confined Six Months.
MR. PRENDERGAST conducted the Prosecution.
HORATIO MANSFIELD . I am a student at law—I live with my mother Mary Buchanan Mansfield, who is a widow, and lives at 51, Grosvenor-street—the prisoner was butler in her service for four or five months—she was about to discharge him—I was present on Thursday, 17th May, when she told him to be ready to give up the plate at six o'clock that day—he was to go as soon as he had given it up—he went away without giving it up—I examined the plate that afternoon—I missed a pair of sugar-tongs, twenty. eight spoons, a cup and cover, a kettle, and a great many other things—I did not see the prisoner again till he was in custody at Vine-street—I received one letter from him, and my mother received one—they are signed by him, but I do not believe they are his handwriting—these articles produced are my mother's—her house is in the parish of St. George, Hanover-square—it is her dwelling-house.
Cross-examined by MR. COOPER. Q. This notice for him to leave was a sudden thing? A. Yes—he was a yearly servant—his wages were paid quarterly—they were 45l. a year, and board and lodging—I do not recollect when I had seen this plate—I had certainly seen it since the prisoner had been butler.
JOHN GREY . I apprehended the prisoner—I told him it was for stealing various articles of plate from the house of his mistress in Grosvenor-street—he said it was quite right, he had only borrowed the plate, and be intended to return it—he said he had written a letter, begging for mercy—this plate was found at the pawnbroker's.
WILLIAM LAYTON VINCENT . I am a pawnbroker, and live at Brompton—I produce a silver teapot, a cup and cover, a candlestick, some spoons, and other articles, pawned by the prisoner—he was in the habit of coming to my shop on horse-back, or driving up in a dog-cart, with a servant by his side, that induced me to take the plate.
Cross-examined. Q. These things were pawned for nothing near their value? A. Within 10 per cent, of their value—he had redeemed some things once or twice—he pawned this cup on one occasion, and redeemed some spoons and forks—he said he was going to have a dinner party—I am not aware that any of these articles have been pawned more than ones—man who represented himself as the prisoner's servant has pawned in the name of Shipway—I have advanced 51l. on the things pawned with me—I certainly should not have advanced that, if I had not thought he was pawning his own plate.
Cross-examined. Q. Have you known the prisoner long? A. Yes, sometime—he has pawned wearing-apparel with me, and redeemed it again—these are the only silver goods I received from him—he has never redeemed these.
Cross-examined. Q. Has he ever redeemed any thing from you? A. Not that I am aware of.
GUILTY . Aged 27.— Transported for Ten Years.
There were two other indictments against the prisoner.
OLD COURT.—Thursday, June 14th, 1849.
PRESENT—The Rt. Hon. the LORD MAYOR; Lord Chief Justice WILDE; Mr. Justice PATTESON; Mr. Baron ROLFE; and Sir CHAPMAN MARSHALL, Knt., Ald.
Before Lord Chief Justice Wilde and the Fourth Jury.
1260. WILLIAM HAMILTON was indicted for, that he, in a certain public place, called the Green Park, a certain loaded pistol, did point, aim and discharge, at and near the person of our Lady the Queen, with intent, to alarm Her Majesty, and to break the public peace: to which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
Before Mr. Baron Rolfe.
1261. HENRY HAYMAN and LAUNCELOT WILSON , feloniously assaulting John Hughes on the High Seas, and stabbing, cutting, and wounding him, with intent to maim and disable him:—2d COUNT, with intent to do him grievous bodily harm.
MR. PARNELL conducted the Prosecution.
CHARLES FRABER (Thames-policeman 73). On 19th Jan., in consequence of information, I went on board the schooner Seabird, which was lying in St. Katherine's Dock—I saw John Hughes there in the forecastle, he was apparently in a very bad state—he had his arm in a sling, with an old handerchief and a piece of old canvas over his elbow—neither of the prisoners were present—I did not remove the sling so as to examine his arm—he pulled up the leg of his trowsers, and showed me a wound on his shin—I took him to Mr. Ross, the surgeon—I went on board the schooner again next morning—I then saw the mate, Wilson—I asked him how it was that he did not let the man go ashore when he asked him—he said that the captain had given him orders not to let him go ashore, but to give him in charge of the police-Hay man was the captain—Wilson said he did cut the man with the cutlass, because he would not come to the pumps when the ship was in a sinking state off the Caskets—I saw Hayman that morning; I told him I had got a warrant to apprehend him and the mate, for ill using John Hughes—I said to him, that Hughes had been cut about a good deal—he said, I know nothing about his being cut at all—I saw the body of Hughes after his death, in the museum, on board the Dreadnought, on 14th May—I was before the Magistrate when he was examined, in the prisoner's presence—I saw him make his mark to his deposition—this is it.
Cross-examined by MR. BALLANTINE. Q. Where was he when he made the mark? A. Right abreast of the table, in front of the Magistrate—I was close by him—he was in such a weak state, that we were obliged to lift him in—I heard his depositions read over to him.
Cross-examined by MR. ROBINSON. Q. Did you see Wilson when you went on board? A. No, he had gone on shore to find a policeman to give the deceased in custody.
MR. PARNELL. Q. Do you know the Magistrate's writing? A. I think so—I have seen his signature; this is it. [MR. BALLANTINH objected to the reception of the deposition in the absence of any proof of its having been correctly taken. MR. BARON ROLFE was of opinion that, under 11th and 12th Vict., which defined the Magistrate's duties, if it purported to bear the Magistrates signature, it was admissible.] (Read—"John Hughes on his oath saith as follows I am a seaman, an American, of New Orleans. I arrived in the port of London, on board the Seabird, on 10th Jan. On Thursday,
11th Jan., between eight and nine o'clock at night I went below with my watch to supper; after I had been below about fifteen minutes, the mate (the prisoner Wilson) came down and said, 'Come, come, come on deck.' I was, standing in the forecastle and said, I wanted to get an hour or two's rest, as I had been on deck so long; the other people did not say anything, they had had a rest before; then the mate went on deck. In about an hour afterwards he came down with a sword, he again said, 'Come, come, come on deck.' I told him I was just getting ready. I was not in bed. He said,' I can't wait any longer,' and he cut me underneath the arm with the blade of the sword. I bled very much, and ran on deck towards the galley. The captain (the prisoner Hay man) took hold of me and commenced kicking me, and the mate struck me first with the flat of the sword, and the captain said,' Kill him, Wilson;' and the mate cut me with the sword on the elbow, thigh, and shin, while the captain was holding and kicking me. They saw me bleeding, and sent me to lie down. I was unable to do any work afterwards. The mate came to me and dressed my arm; and while he was dressing it he said he could kill me by the law of England, because I did not go on deck. I had had no words before with either the captain or mate. I had no knife about me. I never lifted my hand to the mate or the captain; it had been blowing hard, and I had been at the pump; my clothes were wet, and I had no others to put on; when I went into the forecastle, I told the mate I could stand it no longer. After the ship arrived in the St. Katherine's Dock 1 told the mate I wished to go ashore, to have my wounds dressed; he said he had got orders that I should not go ashore. I have been suffering ever since from the wound I received in the elbow; I have been in the seaman's hospital ship, to which I am to return; it happened at sea; the Seabird is a British ship.")
DANIEL ROSS . I am a surgeon, of High-street, Shadwell. On 19th Jan. Hughes was brought to me—I found an incised wound in his left elbow-joint, about an inch and a half long, and penetrating the joint; that produced a stiff joint—it was a dangerous wound—there was an incised wound beneath the left arm-pit, about two inches long, partly healed; a punctured wound on the upper and back part of the left thigh; and a superficial wound on the right shin—it was a deep wound on the thigh, about an inch long, and partly; healed—they were such wounds as might have been occasioned by a cutlass—he did not complain to me of anything but the wounds—he did not appear to me to have any disorder about him—he was sent on board the Dreadnought by order of the Magistrate—I saw him there a fortnight after; he was then suffering from erysipelas on the whole of the left arm—I do not attribute the erysipelas to the effect of the wound; it was prevailing on board the Dreadnought at that time—it is a contagious disease, and would probably attack the weakest part
Cross-examined. Q. I believe there was a post-mortem examination? A. Yes—he died of pulmonary consumption on Monday morning, 14th May.
CHARLES FRASER (re-examined). The vessel has sailed about a month or six weeks, and all the crew—the vessel appeared to have had a great deal of water in her hold, because the cargo was in a very bad condition—I was here at the April Session; the crew were all gone at that time.
HAYMAN— GUILTY . Aged 27.
WILSON— GUILTY . Aged 25.
Confined Three Months.
Before Mr. Justice Patteson.
NEW COURT.—Thursday, June 14th, 1849.
PRESENT—MR. RECORDER; Mr. Ald. FARNCOMB; and
Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Sixth Jury.
1263. HANNAH AMELIA JONES , stealing 1 watch and other articles, value 5l.; the goods of Martha Wilkins, her mistress: and 2 remnants of silk and other articles, value 10s.; of Ann Skyrrme: to both of which she pleaded
GUILTY . Aged 27.— Confined One Year.
GUILTY . Aged 20.— Confined Six Months.
GUILTY .— Confined One Month, and Whipped.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 30.— Confined Two Months
GUILTY . Aged 22.— Confined Eighteen Months.
NOT GUILTY .
HENRY FLOWER . I am in partnership with Arnold Flower—I have a contract for constructing a dam at the Houses of Parliament—the prisoner vas employed there two months—he was found with some iron plates, which I claim.
Cross-examined by MR. HORRY. Q. Has any other person got a contract but you? A. Not there—we very seldom have any of these plates drop into the water—if they do, we find them again when the barge is unloaded—they might sometimes be thrown up with the mud for ballast.
WILLIAM MILLERMAN (policeman, B 95). On 24th May I followed the prisoner over Westminster-bridge—he was carrying a basket, which appeared heavy—I stopped him, and found these two iron plates in it—he said he found them in a barge, and offered me 5s. to let him go—I got this plate (produced) from the firm—it exactly matches with these.
NOT GUILTY ,
JOHN ROBERTSON . The prisoner was a charwoman in my employ. On 11th May I counted the money in my till—there was 9s. 4d. in silver in it—it was not locked—I went up-stairs for about five minutes—I came down, and heard something drop, and 1 said to her, "You have dropped something"—she said, "Very likely"—I took up a sixpence, a halfpenny, and two farthings—I spoke of fetching a policeman—she said it would be the best way—I examined my till, and missed 4s. 6d.
Cross-examined by MR. ROBINSON. Q. Did you, miss any coppers from the till? A. No; I did not count them—the prisoner was very drunk—she has been in the habit of coming to my house about nine months.
SAMUEL DINES . I am in Mr. Robertson's employ. I noticed him count the money in the till—I was outside the shop a few minutes afterwards, and heard some money rattle in the till—I went in, and saw the prisoner with her band in the till—there is a lid to it, which was going down when I got in—the went down stairs, and I went to my master.
Cross-examined. Q. Was there any other person in the shop? A. No, there were two persons outside, whom I was serving—I left them and went into the parlour when I heard the money.
WILLIAM SAUNDERS (policeman, C 252). The prisoner was given into my custody, between twelve and one o'clock, on 11th May—Robertson handed me a sixpence, a halfpenny, and two farthings—the prisoner said she wished to have it tried before the Magistrate—I received 3s. from the female searcher—the prisoner had been drinking, but was not much the wone for liquor.
GUILTY. Aged 51.—Recommended to mercy by the Jury. — Confined Two Months.
MR. BALLANTINE conducted the Prosecution.
THEOBALD BURKE . I am assistant to Griffith Richard Jones, of 1, Skinner street, Snow-hill, in the parish of St. Sepulchre, a woollen-draper. On 18th May, at half-past nine o'clock in the morning, the prisoner came—he asked for two yards of twist—I served him—he paid me 1 1/2 d.—he said he was very sorry for troubling us, but when he was there last he had quite forgotten it, that he was a tailor, and would be a customer if we charged him low for anything he might want in our way—about half-past seven in the evening, be came again for half an ounce of thread—he paid me 1 1/2 d. for that—he came in again from half-past eight to a quarter before nine—he wanted half a yard of yellow cotton—I served him—it came to 3d.—he then asked Mr. Roberts, the warehouseman, for some silk—Mr. Roberts told me to get it—I took down five or six pieces from the shelves, and put them on the counter—I showed them to the prisoner; he came from the other counter, and looked at them—Mr. Roberts came over, and the prisoner came at the same time, and said to Mr. Roberts, "I suppose you will take the money?"—that was a sixpence—we had no change; Mr. Roberts sent me for it—when I went, the silk was on the counter—a butcher, whom Mr. Roberts had served, had left before the silk was put on the counter; he did not go near it—there was 15 or 16 yards of black satin—there was only that one black—the prisoner had
seen that—he was looking through them all, and I saw him handling that—I left that on the counter when I went out—there was no one in the shop but Mr. Roberts and the prisoner—I returned in two or three minutes, and met the prisoner near the door—I noticed as he passed that his coat was bulky, and he had his arm extended out—I handed him the 3d., and he walked off—I went to the counter, and the black satin was gone—it was worth 145. or 15s. a yard—I saw him again on 28th May, in Newgate-street—I have not the slightest doubt he is the person—I called a policeman, and gave him into custody—he asked what it was for; I told him—he said he did not steal it, he was only that minute come out of his house—I asked if he was ever at Mr. Jones's, told him where it was, and the articles he had purchased—he said he did not buy them, and he did not know where Mr. Jones's was, nor where Skinner-street or Farringdon-street was.
Cross-examined by MR. MELLER. Q. There is nothing very singular in a person coming once or twice to your shop in the course of a day? A. Yes, to come in four times for such trifling things—the black satin was a large roll—it had been scarcely five minutes on the counter when I went out—I went out into the street immediately I missed it
JOHN ROBERTS . I am warehouseman to Mr. Jones. On 18tb May, the prisoner came in about half-past eight for half-a-dozen buttons, which came to 2d.—he tendered me a half-crown—I rang the bell, a person came down, whom I desired to go for change—the prisoner said, "By-the-bye, I have got some halfpence, I need not trouble you" and he paid the 2d.—I gave him back the half-crown—he came to the shop twice more, and the last time I remember Burke's taking down the silks and satins—there was a butcher in the shop, who went out—the silks and satins were not taken down while he was there—when Burke went out there were only me and the prisoner there—I was looking into a drawer for a length of satin that I thought would suit him—Burke handed the 3d. to me; I handed it to the prisoner, I think he was standing just by the counter—Burke said, "I can't find the silk?'—I said, "Be very particular"—while I had ray head in the drawer, the prisoner was very near the silks—I had my head out of the drawer before Burke came back—I had not put the satin in the drawer—no one had touched it but the prisoner—nobody had come in in the meantime.
Cross-examined. Q. Was the satin close to the drawer? A. No; I think Burke met him at the door—I should say the butcher had come in five minutes before I sent for the change—I attended to him—the satins were then on the counter: no; they were not, to the best of my belief—I think the satins were taken down after I had sent for change, but my memory is not very correct—when Burke returned with the change, the butcher went away immediately: no, on second recollection, the butcher was gone—there were not many pieces of satin—there were some silks and some satins—there were two or three blacks, and the others were coloured—most of our silks were in the window—it is our duty to know what quantity of satin may be in the shop—we do not take stock every day, but we can tell pretty well—ours is not a large stock—I should think I shall not be liable to the amount of this satin—I followed the prisoner to the door at a distance—he said if we had not got it he must go without it—I thought a remnant of the silk he wanted might be in the drawer—there was only the counter between us—I was looking in the drawer; I was looking down for half a minute or so
and paid 3d. for—here is the same quantity he bought; it is cut crooked and fitted exactly to where it was cut from.
GUILTY .†— Transported for Ten Years.
GUILTY.—Recommended to mercy. — Confined Six Weeks.
GUILTY. Aged 23.—Recommended to mercy. — Confined Four Months.
THIRD COURT.—Thursday, June 14th, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knight, Aid.; Sir WILLIAM MAGNAY, Bart., Ald.; and EDWARD BULLOCK, Esq.
Before Edward Buttock, Esq. and the Third Jury.
MR. COOPER conducted the Prosecution.
JAMES WINTER . I am a tobacconist, of 60, Leman-street, White chapel. On the morning of 25th May, between twelve and two o'clock, I was in Whitechapel, on my way home—I met the female prisoner, and went with her to a down-stairs back-room, at Keat-street, Spitalfields—I paid her 6s., which I took from my left waistcoat-pocket, and left 1l. 18s. there—I put my clothes on the chair, and asked whether she was going to bed—I heard half-a-crown drop—there was then a knock at the door; she immediately; opened it, and the male prisoner came in, put his knuckles under my collar, and with an oath asked what I wanted there—I said, "I came to sleep"—he said, "If you do not go out I will knock your b----brains out"—I had seen to my waistcoat before he came in, and found nothing in it—I slipped my trowsers on, and ran into the yard after the woman, but lost her—I then returned to get my other clothes—the male prisoner was still there, and remained in the room while I was putting my clothes on, and threatened, if I made the least resistance, that he would knock my brains out—he kept hindering me, pushing me back in the chair, and keeping me as long as he could—I was about five or ten minutes altogether—it was just getting light, and I could see him distinctly—I left the house, met a policeman, and afterwards saw the woman; she ran away, I pursued, and gave her in charge—I gave a description of the man to the policeman, and he was afterwards taken—I swear the prisoners are the persons—when I went in, I had a concert bill in my pocket, I have since seen it in the hands of the police.
PATRICK BANON (policeman, H 51). I was called by Winter—I afterwards took the female prisoner in Whitechapel, and took from her a key—I went to a house in Keat-street, and unlocked the door with it, and on the table, in the back-room, found this bill (produced)—I took the man about three-quarters of an hour afterwards, within two doors of the lodging.
conviction—(read—Convicted Aug. 1847, confined three months)—I was present; he is the person.
MARY WALKER— GUILTY [Recommended to mercy: see original trial image.] .—Aged 24.— Confined Six Months.—Recommended to mercy,
JOHN WALKER— GUILTY . Aged 24.— Transported for Seven Years.
HARRIET WREN . I am the wife of Joseph Wren, of East-street, Marylebone. The prisoner took a lodging of me on 7th May, and gave me a reference at 42, Wimpole-street—he brought a carpet-bag and bundle the same day, about eleven o'clock—he came in about eight in the evening with a stranger—they went into the room together—the prisoner was rather in liquor—they left about a quarter or twenty minutes past eight—the prisoner then had a bundle under his arm—I afterwards went into the room and missed one of Mr. Ball's boots, a jacket, waistcoat, pair of trowsers, and a shirt—he is a lodger of mine, and was gone out—I had seen them safe at eight—the prisoner's carpet-bag and bundle were still there—it was in Mr. Ball's room; he was going to sleep with him—the prisoner came back on the 8th—I asked him where Mr. Ball's things were—he said he did not know what I meant, that he had not been home all night—a constable was sent for, and he was given into custody.
RICHARD BALL . I lodge with Mrs. Wren. I went out about a quarter to eight o'clock, came back a little before twelve, and missed these things—these (produced) are them; they are mine, and were on a chair when I went out—there was a square in the jacket-pocket.
JOSEPH CHURCH (policeman, B 129). On 8th May I was called to Mrs. Wren's, and took the prisoner to the station—I asked where he slept that night; he said at a coffee-shop, in Maryfebone-lane—I afterwards went there, made inquiries, and received this jacket, waistcoat, trowsers, shirt, and a square, from the landlady—the square was in the waistcoat-pocket—I produce the prisoner's carpet-bag, and it contains the same sort of property.
THOMAS JAMES . I live at the coffee-house, in Marylebone-lane—the prisoner came there on Monday night very drunk, with a bundle under his arm, which he put on a chair—it was afterwards found under the bed and delivered to the policeman—it contained the things produced; I can only swear to the shirt and jacket.
NOT GUILTY .
NOT GUILTY .
RICHARD FOSSEY . I live at 5, Gibraltar-walk, Bethnal-green—the prisoner very often came to my house. On 12th Feb, I received twelve 5l.-Bank of England notes, 21 sovereigns, and 18s. in silver, from Messrs, Ransom's Bank, and put it into my pocket-book, took it home, and put my pocket-book between the bed and mattress, in my own room, and told my wife to count it, as I am no scholar—I am the master of the house, and live there—on 24th Feb. I took out one note, found them all safe, and put the book back—my daughter and the prisoner were in the next room—I showed the note to my daughter in the prisoner's presence—I did not have occasion to go to the pocket-book again till 4th April, when five of the notes were missing—I gave information next morning to the police, and got the numbers of the notes from the bankers.
Cross-examined by MR. PAYNE. Q. What did you do with the gold? A. It remained in a bag close by the notes under the bed—I have kept my money there for many years; I thought it was the safest place—I have no servant—I have known the prisoner about two years; she always bore a very excellent character.
MARY ANN FOSSEY . I am the wife of the last witness. On 12th Feb. he brought home twelve 5l. Bank of England notes, put them between the bed and mattress, and told me to count them, as he was no scholar—I took the pocketbook from between the bed; and the prisoner, who was in the room, saw the notes, but did not see where I took them from—I said, "For goodness sake, don't say a word, I would not have you say a word for ever so much; you have seen more than my own children"—I told her I did not wish my children to know what she had seen—I put the notes back in the same place—I think the prisoner was then in the room, but I am not positive.
Cross-examined. Q. Did you count them? A. Yes—no one was there but the prisoner and myself—my daughter is twenty years old—the prisoner was often there; she was like one of our own children.
THOMAS FARTLING . I cashed this check at Ransom's, on 12th Feb., the day it is dated, to Mr. Fossey—I gave him twelve 5l.-notes, numbered 29181 to 29192, all dated 13th Jan., 1849, and 21l. 18s. in money.
CHARLES TILER . I am a watchmaker, of Shoreditch. The prisoner purchased a silver watch at my shop about ten weeks ago for 1l., and a chain, for 7s.; she gave me a 5l.-note—I gave her the change, and she left—I never saw the prisoner before, but I am satisfied she is the person.
Cross-examined. Q. How do you know her? A. I am confident she is the person—I described her.
ANN TARR . I keep the King's Head, Bethnal-green. Mr. Tiler brought me a 5l. Bank of England note to change—I changed It, and gave it to my; daughter, who put his name on it and her own also—this is it (produced).
WILLIAM MARSDEN . I am assistant to a draper, in St. Paul's Church-yard. Two females came to the shop, and purchased different articles, amounting to 2l. or 3l.—one of them gave a 5l.-note in payment—I wrote on the back the name which the party gave me, "Miss Cooper, 33, Cornwall-road. March 22;" and my own name—this note, No. 29185, is it—I have some slight recollection of the prisoner, but cannot swear to her.
GEORGE TEAKLE (policeman, H 8). I found the prisoner, on 2d May, at her aunt's, at Dorchester—I told her it was a very unpleasant affair, as I had known her for some years—she said, "What, Mr. Teakle?"—I said, "You are accused of stealing five 5l.-notes of Mr. Fossey, and you must go to London with me"—she said she was very much surprised at Mr. Fossey accusing her of such a thing—I said I must see her boxes—I found them full of new made dresses—she said there was nothing there but what was her own—I took her to Worship-street—she there called me to the cell, and said,
Mr. Teakle, what do you think will be done with me? do you think I shall be transported? I have told my solicitor all about it, and I should hare told you, if I had not been bothered by other people."
Cross-examined. Q. How long had you known her? A. Six or seven years—I was surprised at having to take her.
SAMUEL WASTELL . I am Mr. Tiler's boy. I have seen the prisoner at the shop, but do not know that she is the person who bought the watch—she came in three times one afternoon, ten weeks ago, showed me a watch, and said, "This watch I bought of your master."
Cross-examined. Q. Where was your master at the time? A. Out—there was only me in the shop; my mistress was in the parlour—she brought the watch back because it would not go.
GUILTY. Aged 18.—Recommended to mercy. — Confined Twelve Months.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
ELIZA BRECKNELL . I am the wife of William Brecknell, of 9, Middlesex-street, Somers-town—the prisoner lodged with us, on the second-floor, from 31st March last. On 10th May I went out about half-past eight o'clock, leaving my husband and children at home—I left a box on a chest of drawers in the front-room first-floor locked, and another in the front-parlour unlocked—my husband came to me, and arranged where I was to put the keys—I returned about half-past twelve, met him 'near the house, and we went, back together—my little girl gave me this card; it has "St. Giles's Cemetery" on it, I had left it locked up in the box in the front-room first-floor, the door of which I left locked—there was a pair of sugar-tongs, seven spoons, and 7l. in gold and silver in the box—in the box down stairs I left two lockets, one ear-ring, with a cornelian stone, and a small ivory box—I looked for the box; it was gone—the prisoner was out—she returned in about three quarters of an hour, and I charged her—she said if she were me she would have the place searched—I said that could not be done without I gave her into custody—I sent for a constable, but did not give her in charge till eight in the evening—she wished her room to be searched, and I went into it, but I was certain the things were not there—I went in again, about five, and saw a quantity of white ash in the ironing-stove—my child opened, the door of the stove, and looked at it, and the prisoner said, "It is only wood-ash"—the fire was out—I gave her into custody about eight—she was taken to the station—the constable came back with me, and the grate had then been cleared out, a fresh fire lighted, and the ironing-stove moved into the middle of the room—I was in the room when the policeman searched the grate—the prisoner was then at the station—he found a small remnant of the box with a piece of the lining attached to it; also three other pieces of lining, which had been burnt, the front hioge of the box, and the top handle, a piece of sealing-wax, an ear-ring, and the bone handle of a parasol—this locket, ear-ring, stone, and ivory box (produced), are all my husband's—the prisoner saw me put money into the box on the Monday; that box was open.
Cross-examined by MR. O'BRIEN. Q. Is that the piece of the box? A. Yes; I know it by the paper lining—the hinge is broken off now; there is no
mark on it—there is nothing now by which I can swear to it—I swear that these pieces of paper formed part of the. lining; I know it by the pattern-there is no mark upon it—when she came in, at half-past one o'clock, I aid some one bad robbed me who knew my place, and knew my box was there—she said she did not know my money was there—I said she did, and no one else—I have three other lodgers besides her; they were out all that day-when I went out, I left my husband and children at home, and I do not know how many lodgers; I know the prisoner was there—I saw the money safe the day before—none of the spoons or money have been traced—the children never played with these articles—the box was generally locked—I missed pieces of ribbon, and a smelling bottle besides—I did not know these articles were gone until they were found on the prisoner—I swear to this piece of sealing-wax; it was locked up with the money—it was found underneath the grate, mixed with the burnt paper and tinder—a constable was left in charge of her room while we went to the station; he is not here—I did not notice the grate before I went in at five o'clock.
WILLIAM BRECKNELL . I remained at home when my wife went out, it half-past eight o'clock—I went out from ten to eleven, and took the key of the first-floor room with me—I went out again a little after eleven, and left the key on an unlocked box on the landing, after I had locked the door—this card was shown to my wife by ray girl, in my presence—I then looked for the box, and missed it—the contents were mine, and were worth about 30s.,
Cross-examined. Q. How many lodgers were at home that morning? A. Three; one has since been married, and left the house—Mr. Forster, who I am in the habit of seeing frequently, recommended the prisoner to me as a lodger—I always found him an upright man.
JEMIMA BRECKNELL . I am the daughter of the last witness. On 10th May I was nursing the prisoner's child in her room—after my father went out the second time I was playing with the prisoner's daughter, who is about fire years old, and she gave me this card (produced) down by the washhouse—after my father had gone out the second time, the prisoner sent me out; that took me about a quarter of an hour—there was then a lodger at home in the first-floor back-room—she then sent me out for a halfpenny-worth of sweet stuff, and told me to play in the yard, and while I was there the prisoner went out.
Cross-examined. Q. Who was that other lodger? A. I do not know her name; she is here—the little girl gave me the card between eleven and twelve o'clock; it was not before I went out—she sent me to order some coke at Mr. Webb's, in the Mews, not a great way off—I saw the prisoner go out, but do not know the time—I had been in her room up to that time—she left the door shut, but not locked—there was a fire in the grate—I know all these articles—the room is uninhabited.
EMMA WALTER . On 10th May, about half-past eleven or twelve o'clock, I was in the prisoner's room ten minutes or a quarter of an hour, attending to her baby—the last witness was then nursing it—the prisoner was out—I went down into my own room, on the first-floor, and the prisoner then came from the water-closet, knocked at my door, and asked if I had done the baby; she then went into her own room, and I heard a noise like the breaking of wood.
Cross-examined. Q. You were down-stairs, and heard a noise up-stairs? A. Yes—I heard of the robbery the same day, about two o'clock, when Mrs. Brecknell came home—I heard the same day that pieces of wood had been lound—I recollected the breaking noise before I heard that—it was not
like the breaking of firewood; it was more heavy, as if it was stamped by the foot.
JAMES WILKES (policeman, S 43). I took the prisoner about halfpast eight o'clock, and received the two lockets, an earring, a stone, and an ivory box (produced) from Susan Kemp—I searched the grate, and found the burnt articles.
Crossexamined. Q. Did you see any pawn tickets in her workbox? A. I saw numbers in her box—I took out one or two—the prisoner did not say, when I took up a pawnticket, "That is the ticket of a gown I pledged today," and I did not say, "Certainly it is"—I did not, to my knowledge, see this ticket (produced) there; if I had, I should have taken possession of it, if it related to any property I was concerned in—I looked at all the tickets—another policeman had been called in, in the afternoon—I left a constable in charge of the room when I took the prisoner to the station—he was there when I returned.
SUSAN KEMP . I search females at the Somerstown station—I searched the prisoner on 10th May, and found these two lockets, an earring, an ivory box, and a stone, tied up in the bosom of her chemise—before the Magistrate, she said, would I ask Mrs. Brecknell to be as lenient with her as she could.
MR. O'BRIEN called
WILLIAM FORSTER . I am a builder, of 35 and 36, Edmondstreet, King's-cross. I have known Mr. and Mrs. Brecknell between seventeen and eighteen years—I have known the prisoner five years—she lodged in my house between four and five years—she has borne an honest character up to this time—I recommended her to Mrs. Brecknell, as a lodger; she went there, and I frequently saw ber there—I called on her, at Mr. Brecknell's, on 8th May, about ten o'clock in the morning, and wrote a letter for her, after some washing, which I had seen advertised in the Times, and sealed it with a piece of black wax, which she gave me—when I was repairing a house I found an old box between the ceiling and the tiles, and gave it to her.
Crossexamined. Q. Did you ask her for anything to seal the letter with? A. Yes; I believe the wax here is the piece she gave me; I do not like to swear to it, it was a short piece like this—the letter was addressed to 6, Hannahplace, Kentish Town—I paid the postage—I knew the prisoner's husband, I last saw him in December; I cannot tell where he is now, I am told he deserted her—he and I have not had auy words about her—I recollect her being confined in the lyinginhospital about twelve months ago—I did not allow her 10s. a week, or yet half a crown—I never allowed her anything, or any one else for her, as I was afraid the child would be sworn to me—I heard she was in the hospital while she was there—I did not know she was going there—I Ho not know who I heard it from—I never called there to inquire after her—' I do not know Mrs. James, a nurse—I recollect the prisoner living at 6, Wellingtonstreet, Pentonville—her husband left her while she lived there; she Jived there by herself after that—I did not live there—I have visited her there, hut not as her husband—I visited her as a friend three or four times; not a dozen times—I believe she afterwards removed to No. 26; I did not visit her there—it was a small box I gave her to break up, about eighteen inches long—I only gave ber a portion of it; it was painted, and the inside was paper—that was on Tuesday evening before she was given into custody.
MR. O'BRIEN. Q. When did her husband leave her? A. 1 think about January—he was living with her when she went into the hospital.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Twelve Months.
OLD COURT.—Friday, June 15th, 1849.
PRESENT.—Mr. Baron ROLFE; Sir PETER LAURIE, Knt., Ald.; Mr. Ald. GIBBS; Mr. Ald. MOON, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
GUILTY .— Confined Three Months.
Before Mr. Baron Rolfe.
GUILTY . Aged 22.— Transported for Life.
MR. COOPER conducted the Prosecution.
PHILIP SCHOLLENBEROER . I am the prisoner's husband, and am a cabinet-maker. I resided with my wife at Austin-street, Shoreditch—I have been married to her four years—one morning about two months ago I had been up-stairs to work before breakfast, and came down to breakfast about nine o'clock; my wife had then poured the coffee out—I felt sick after my coffee, and said, "I think there must be something in this coffee that is not right"—I felt pains after my meals constantly—blood came up, and blood came down from my bowels—I vomited blood that night—my tongue was constantly dry, and I constantly lost the hair off my head, and there was always something the matter with my nose, I was quite completely gone rotten—in the afternoon of the day I have spoken of, I came down rather quickly, and observed my wife take the tea-cup which I usually had my tea in from the dresser, put it on the table, and when I sat down where I generally sit, she shoved the cup from me to her own side, so that I could not look into the bottom of the cup—while she was getting the pot from the hob to poor the tea into the cup, I looked into it and saw some white powder in it mixed with something—I took my finger and tasted it, and it burnt my tongue—it was a retching taste like, a salty, sickly taste—I asked my wife what it was, and she said she supposed the child must have put something into it—that was impossible, because I saw her take the cup from the dresser, and the child is only two years old, and could not reach the cup—she was in great confusion—I washed the cup out myself—nothing more passed then—two days after I searched the house, and as I had heard that she always before tea had something to do with some boxes that stood on one side as you go up-stairs to my workshop; I looked into these two boxes first—I found nothing in them; but on lifting them down, I found a packet of some stuff between them—I put my finger to it and tasted it, and it tasted the same as that which I found in my cup—my wife was present, and I said, "What is this?"—she directly said, "Throw it in the fire, it is only salt of prunella which your brother's wife gave me"—I said, "I shall not throw it in the fire; this is the same stuff that I found in my tea-cup, I shall have it examined—I took it up-stairs, and hid it in a sly corner in my workshop where nobody could come to it, as it was out of my power to have it examined directly—I kept it there six weeks, at the end of which time my brother
William came to my house—I told him how I had found it—we took it to Dr. Ryan, and my brother gave it him—I returned home and my brother came again to my house soon afterwards in the evening—I heard my brother say to my wife, you gave my brother poison—I left the house with him for a quarter of an hour, and returned home alone—my wife was then in great confusion, and when I entered the door she said, "Philip, I gave you poison, God forgive me for it; you aint dead yet"—I said, "You have done a shocking crime on me"—her father came to the house next evening, and directly he came in doors, she said, "Father, take me in protection; they have found me out, they have got it all clear against me, they took the stuff out of the house"—I then told her father what she had done, and how I had found it out; and he said, "I don't think it; I can't think it"—he then left the house and she remained with me—her father and mother came the next morning: her father said, "You shan't stop with him," and they took her away—they returned in half an hour and the paint were very bad indeed then; I could hardly stand or breathe, and I thought every minute I should die—I went to Dr. Ryan and described the symptoms—I do not know whether I told him how long I had been so troubled—about a year ago, I observed that my wife treated me with distance—she was always out day after day; I told her she should stop at home—at last I bad suspicion of a man who lived opposite, and my wife told me that he came to my house for tools when I was out—I do not know that he had any tools in my house, he borrowed them always when I was out—he came on one occasion without any cause, and stood looking at my work; and when my wife came down stairs, he pretended to go and kiss the child, I watched, and saw them wink at one another, and heard the word "To-morrow"—at another time I was out about half an hour, and when 1 returned the blinds were shut down, and the door was locked, and I knocked for about ten minutes or a quarter of an hour; she then came down stairs and opened the door—she looked quite confused, and as pale as death—I heard footsteps upstairs, and asked her who was up-stairs; she replied, it was only the cat—I had no time then to stop to search, but went away again directly—when I came home in the evening, I asked her who was up-stairs, and what business she had with anybody up-stairs?-1 said, "What a shameful thing it was to have anything to do with another man"—she said, "Who told you?"—I said, "Never mind who told me"—that made her rather confused, and she said, "Philip, I must soon die; I have done something else wrong against you, I won't tell you till I am on my dying bed"—after that nothing happened—I could not stop at home, and 1 let her go on for two years as she liked—she said she would not be made a prisoner by any man.
Cross-examined by MR. PRENDERGAST. Q. How long ago was the affair of the tea-cup? A. Three months, I do not know the day—she was with me when I searched the boxes—she did not wish me to make the search—she asked me what I wanted with the boxes—they were full of old clothes—I could not get the money to have it examined for five or six weeks—I told my brother of it, and we went together to Dr. Ryan—my brother now lives with me in Humphery-terrace, Dalston—when my brother told her this was found out she would not let me go out—she said, "You shall stop at home" she said it was so late—I believe it was nine o'clock—I cannot tell exactly—I gave the poison to my brother one day, and went to Dr. Ryan the next—I gave the paper to ray brother at Dr. Ryan's—I do not know whether she said in her father's presence that my brother had said she tried to poison me—I did not hear her say that, or that she loved me too well, or was too fond of
me to do that—the man who lived opposite was a married man, and had a child—he was a smith, or maker of stamps—I have not heard of him or seen him for more than a year—he left the house, and I afterwards left there too—I do not know how long after he left it was that I left—I have been examined before the Magistrate several times—I do not know how long ago it is that I remembered her saying "To-morrow" to him, I remembered it all the while, but that word I left out I dare say when 1 was examined before—I took no notice of it at the time—I am quite sure I heard her say the word—I did not think there was any meaning in it—I have been very ill for the last six months, before that I was in very good health—I generally took my tea in a mug—when I tasted the stuff it was a salty burning taste, and made me retchy like—I have been constantly ill in that way for the last half year-after I found the paper parcel, and took it to Dr. Ryan, I had some physic—I felt myself very ill constantly after that, and the same uncomfortable feel.ing as before—she might perhaps have bought some more, and given me some more—she could not have given me any of that, it was out of her hands—she wasted a whole apron full of bread and butter from week to week, which I told her was a sin—she would not eat it, and I could not, I gave tome of it to the cat, and it turned the cat sick—I mentioned it to my brother six weeks after I found the paper.
MR. COOPER. Q. Had you any rest from pain during these six months? A. No, I was in constant pain—I told my wife of the pains many times, and she said, "You must die soon; I know it; you hair falls all out of your head"—my hair did come out all over—it has grown again since I have got well—I am twenty-eight years old.
WILLIAM SCHOLLENBERGKR . I am a soap-maker at 2, Gloucester-street, Bethnal-green—I am the last witness's brother. At the beginning of last month he showed me a brown paper packet with some stuff in it, which 1 saw him take out of a corner—we went directly to Dr. Ryan with it—I cannot tell the exact time it was—when we reached Dr. Ryan's my brother gave me the paper, and I went in and gave it to Dr. Ryan, in the same state as I had received it—the next night I went to my brother's with my wife—I heard the prisoner say that it was sal-prunella that he had found between the boxes, and that my wife had given it; to her—my wife said it was not—the prisoner was quite confused—at last she said, "I will tell you, Philip, what it was now, it was nothing else than a little piece of fishy salt that I put between the two boxes, because you would not eat it"—I told her she must be a wicked woman to go and poison a poor worm, crawling about as he was in his sickness, and to go on giving him more and more, and she said, "Do you think I would poison the father of my child ?"—my brother was in a very bad state at that time—for the last half year he has always complained to me of having pains in his inside, and of feeling a dryness on his tongue and in his throat, and all his hair has fallen off—he was always sick after his meals—before that time he seemed very well—he was a strong, able, hearty man, fit for anything—this appeared to come on all at once.
Cross-examined. Q. Was he as strong a man as you? A. Stronger—his chest was stronger than mine, and he had a strong constitution altogether—I called him a poor worm since he has been in his pains for this last half year, and sometimes when I have seen him so, I have given him a 4d.-piece logo and have a glass of brandy, when his wife was not present—she did not complain of our being too fond of brandy—I have never been a drunkard; he never went out with me—he did not say anything to me about finding this stuff until I took it to Dr. Ryan—he had told me that he always found some
messes in his tea and coffee which he thought was hot right, I had asked him what it could be.
Cross-examined. Q. Are you quite sure of that? A. Yes; I heard her say that I did, and when I said that I did not, she wanted to strike me—my husband came between us, and then she began abusing him with very bad words—she told me I had given her sal-prunella when she was confined with her child, which I could not have done, because I was confined at the very same time, at least there was only nine days difference between us—I did not go to see her before she was up; for I was ill, and unable to go out for five or six weeks.
PHILIP SCHOLLENBERGER re-examined, I know John Lincoln, who lived next door to me in Austin-street—after my wife had gone away I told him that she had poisoned me, and that I was very ill—I did not say to him, "I do not want to hurt her, but if she goes with other men I shall have to support the children."
JOHN RYAN , Esq., M.D. I reside at Dalston. About 7th or 8th May, William Schollenberger called on me and gave me a small brown paper parcel containing a white powder, which I afterwards analyzed—I found it consisted of eight grains of common salt and nearly two of arsenic, with a small portion of organic matter—I saw a man outside the gate at the time, but I did not notice who he was—next day I saw the prosecutor; he seemed extremely ill—I examined him as well I as could—he had principally to relate to me his symptoms, which I could not detect, except from his own information—I have heard the evidence which has been given to-day—such effects as he describes would be produced from the administration of small doses of arsenic from time to time—arsenic would produce burning pains in the throat—combined with salt it would produce a sickly retching feeling, having a peculiarly nauseous taste—it sometimes produces pain in the intestines, but not always—the falling off of the hair is a symptom following the long administration of arsenic in small doses—it affects the skin—dryness of the tongue and tightness of the throat are also symptoms—I first gave the prosecutor par-oxide of iron, thinking he might have arsenic in his stomach, and next day I commenced a course of opium—I pursued towards him that course that I should adopt for a person affected with arsenic, and the result of that course was that he became decidedly better; that confirmed me in the truth of the facts he represented—I was of course guided a great deal by finding arsenic in the parcel, because there were a great many things I could not get at—I saw none of his excretions, which I ought to have done—he called on me ten or twelve times altogether—small quantities of arsenic would in the end produce death—It is impossible for me to say how long a party might continue to be dosed in that manner—I have known arsenic given for sixteen weeks in small doses medicinally—I had never seen him before—he is quite well now.
Cross-examined. Q. If a man has a chronic derangemeut of the stomach would not his tongue be very bad? A. Yes; all stomach diseases affect the tongue, but here there was not only dryness but tightness and burning, which are not found in mere disease of the stomach—tightness of the throat is occasionally a symptom of disease of the stomach, but not combined with a burning sensation—the symptoms I have named combined would show that the stomach was affected by some poisonous substance—nothing else would occasion that peculiar kind of sensation which he described to me, tightness of the throat, nausea, and a burning sensation at the pit of the stomach, and
other symptoms which accompany the administration of arsenic—I have not found persons complain of those things combined where no poison has been exhibited—taking them separately they are common, collectively they are not—they are not found collectively in disorders of the stomach—arsenic acts by disordering the stomach, and it acts on the nervous system as well—I am a graduate of the University of Edinburgh—I am in practice, and am are-cognised teacher of medicine at one of the metropolitan schools for medicine in Charlotte-street—I have lectured at the Polytechnic—I am not a physician of London—I am a member of the College of Surgeons at Edinburgh, which qualifies me for practice here as a surgeon.
MR. COOPER. Q. Did the man mention to you that one of his symptom was bleeding from the bowels? A. No, I do not recollect that he did, or bleeding from the mouth.
MR. PRENDERGAST. Q. But if he had told you you would have remenbered that? A. Certainly I should; they are very striking symptoms—I have not got any of the poison here—I have a portion of it in my laboratory, as it was not asked for at the police-court I did not think it would be required here—I first made a solution of it—I employed most of the tests—I did not ascertain what the organic matter was; it was evidently vegetable—I obtained metallic arsenic—a friend, who is a practical chemist, was present when I went through the experiments—they all brought me to one result—the experiments might slightly diminish the quantity, but not if you are careful.
Cross-examined. Q. Did you tell her what you took her for? A. Yes; for administering poison to her husband—she said he was a wicked man.
MR. PRBNDERGAST called
CHARLES LEGOE . The prisoner is my daughter; she has been married four years—on 8th May I went to her house; her husband was there smoking his pipe—she was in bed, crying—I asked what she was crying for—she said Philip's brother had accused her of poisoning him—I turned to the husband and said, "Philip, do you accuse your wife of trying to poison you?"—she said, "No, father, it is not him, it is his brother accuses me of it"—she then said she was too fond of him to attempt to poison him—he said, "I shall always suspect it now my brother has got the poison"—she said, "I will not live under this suspicion;" I said I hoped she would not—she said she would come home next morning—I said I would come for her—she did not say, "They have found me out; they have got it all clear against me," or any such words.
COURT. Q. Did she say they had got the stuff out of the house? A. No; the husband said that.
MR. PRENDERGAST. Q. Was there a division made of the furniture? A. Yes—next morning I went with my wife about half-past eight, and I requested Philip to go with us to his brother, and have the matter cleared up—he said he could not go, he must go to his work—my daughter came home to me in the course of that day—the goods were equally divided; the husband divided them, and I went on the 9th to assist my daughter in bringing her part away—he consented to that; he tied up the bed himself, and put it on my head.
Cross-examined by MR. COOPER. Q. When you went to the house how did you find the prosecutor? A. He was at work, smoking his pipe—he was not at all ill apparently—he never complained to me of being ill—he appeared quite as well as I have ever known him—he was never a man of good health—when
I wished to have this matter investigated, Mr. King was in the room; that was on the 9th—no one was present on the 8th, hut me and my wife, my daughter, and the prosecutor.
FRANCIS KING . I have known the prisoner from her birth—her character has always been good, kind, and humane—I have known the prosecutor about four years—I have never known him better than he is at this time—he always looked pale and sallow—the prisoner has always been affectionate to him, and her conduct has always been that of a chaste, well-conducted woman—I never heard a suspicion to the contrary.
Cross-examined. Q. Are you her uncle? A. I married her mother's sister.
LYDIA FAYER . I live at 6, Tysoe-street, Bethnal-green. I have known the prosecutor about three years—I never knew him to be a strongman, quite different; and as to the hair on the head, he had none on the front of it three years ago.
Cross-examined. Q. I suppose he has always been a most delicate looking man? A. Always, to my eye, particularly so—I am related to the prisoner.
HARRIETT KILBY . I have known Schollenberger three or four years—I knew him before he was married—he always had a sickly, weakly, sallow look—he has as much hair on his head now as I have ever known him to have.
MARY BARRY . I live at 29, Bonner-street, Birdcage-walk. I have known Schollenberger since his marriage—he was never a strong healthy man, but always pale, sickly, and sallow-looking—I have seen no difference in him for the last six months.
JOHN TELLING . I live in Whitechapel-road. I knew Schollenberger about eighteen months before he was married—he was then a yellow, unhealthy looking man, and did not appear to me to be strong—he was very bald in places.
Cross-examined. Q. When you first knew him, did be walk upright? A. Yes—he was not a fast walker—he did not crawl about—I worked at the same place with him.
Cross-examined. Q. Have you seen him this morning? A. Yes; I do not see any difference in him—I have not seen him since November.
JOHN LINCOLN . I have known Schollenberger between nine and ten months—he looks just the same as he always did—I never heard him complain—I lived next door to them—I always thought the prisoner a very well conducted young woman—she always appeared affectionate and kind to her husband and child—after she had gone home Schollenberger told me that he did not want to hurt her, but if she got with other men, he should have to support the children.
Cross-examined. Q. Where did he tell you this? A. Over the palings—I had not seen his wife about for a few days, and he said, "My old woman has left me," or something to that effect—I asked him why, and he said she had attempted to poison him—I said, "Why not prosecute her?" he said, "I don't wish to hurt her, but if she was to get along with another man, and have a family of children, of course I should have to support them."
who lived opposite—I never observed any familiarity between the prisoner and him, or any one else—he left and went into the country about twelve months ago, and I never saw him after—the prisoner was a very quiet neighbour, a good wife, and a loving mother—her husband looked more delicate than strong, ever since I knew him.
HENRY LETHEBY , Esq., M.D. I am a lecturer on chemistry, of the London Hospital, and have been so seven years. I have heard the symptoms described by the prosecutor of his sufferings—I do not think they are symptoms of continued poisoning—I think he is labouring under some chronic affection of the stomach—from his appearance, I should judge him to be a man of weak body—if he went into any of the public hospitals, they would directly say, that man has some organic disease of the stomach—illness would continue for a short time after arsenic ceased to be administered—the illness of a man would vary very much according as the doses were given—if the doses ceased to be administered, the effect of them would go away in about a fortnight, except a fresh dose was given—when it ceases, a man quite recovers his health—all the symptoms I have heard described are more consistent with an organic affection of the stomach, than the exhibition of arsenic—I no not think it possible that any individual could be subjected to the influence of arsenic for a continued period of six months—arsenic produces a burning tongue—there is no taste in arsenic; I have tasted it hundreds of times, it is the opinion of all chemists that there is no taste in it—it is a question frequently mooted in courts of justice, and they are all agreed upon it—it would not leave a metallic taste on the tongue, or anything like a burning, nothing of the sort—I have tasted arsenic this morning, for the purpose of satisfying myself, as I always do in a case of this kind, and I felt no influence—salprunella would not produce a burning sensation, it would produce an unpleasant sensation in the mouth, but I do not call it a burning—tightness of the throat is a symptom of derangement of the stomach-whenever the stomach is deranged, whether from disease or poison, there is that symptom, but in affections of the stomach it is expressly given as one of the symptoms by Abercrombie, who is one of the greatest authorities on affections of the stomach—if the discharge of blood upwards and downwards had resulted from arsenic, I have no doubt that death must have followed.
Cross-examined. Q. That would of course depend upon the quantity of blood that came? A. No; I believe when blood comes from the intestines it indicates a strong dose—blood may come from the mouth without coming from the stomach—arsenic does not accumulate in the system; I never heard that it did—I have read Dr. Taylor's work on poisoning—he is of opinion that it does not accumulate in the system—I am not certain that Christison offers any opinion upon it—I believe there is but one physician who advocates it—I am of opinion that it passes off—the symptoms I have heard described might proceed from the taking of small doses of arsenic—the falling off of the hair is one symptom of arsenic—it affects the skin—I have not tasted arsenic combined with salt—I should not think it necessary to perform such an experiment—there is no instance in which salt gives a corrosive character to anything—I am not a surgeon—opium will palliate all diseases of the stomach, and the par-oxide of iron would do neither harm nor good; I take it to be just like a dose of water—it does not produce any immediate effect—opium would stop the pain—from the description I have heard from the witnesses, and from having looked carefully at the man himself, I have no doubt that he labours under organic disease of the stomach—I have been led to study that particular class of complaint—my parents died from organic
disease of the stomach, and they had all these appearances, and their symptoms were exactly like those which have been described—the sallow complexion is one characteristic—I cannot say that the falling off of the hair would be any sign at all; it is a symptom of poisoning by arsenic; but, then, hair falls off from anxiety of mind, and many other circumstances—if the man was of a jealous temperament that would be very likely to keep him in a state of excitement, and that is known to have an influence upon the skin—it would prevent the functions of the body being properly performed, and the hair would necessarily fall off.
(The prisoner received an excellent character.)
NOT GUILTY .
(There was another indictment against the prisoner for administering arsenic to her husband on another occasion, upon which no evidence was offered.)
MARTHA JANE BRYDER . I lived at 5, Nightingale-lane, Limehouse, with the prisoner, for nine years. At the time in question I was living at 53, Caroline-street, Commercial-road—I had lived with the prisoner tip to within a fortnight of Christmas—on Friday, 1st May, I was at home, getting breakfast—the prisoner came in about eight o'clock, and asked me for the hammer, I gave it him—he also asked me for a cup of coffee—I gave him that—he then asked if I was not ashamed of myself—I said, no, I had done nothing to be ashamed of—he said, "I think you ought to be ashamed to treat me as you have, "and he asked me if I intended to have him—I said, no, I did not—I had quitted him—he said if I did not have him I should have nobody else—I said I would if I thought proper—he said he would take my life between that and Saturday—I turned to look through the window, and, while so doing, he drew something across my throat, which cut me—I ran out, and, on turning my head, I saw him cutting his own throat, with something that had a black handle to it; I did not see what it was—I went to a house a few doors off—my throat was bleeding very much indeed—I was taken to the London Hospital, and remained there a month and three days—the prisoner had come to my place on 27th April, and asked me for the razor, and I gave it him in a little box.
Prisoner. A fortnight before Christmas she sold off everything I had, while I was out of work, and left me destitute in the street, so that I Had nowhere to sleep but in a stable. Witness. I was obliged to sell the things to pay the rent with—he left me three days without any victuals—he was quite sober when this happened.
DANIEL CARTHY . I am a general dealer, and live at 3, East-road. On 1st May, about twenty minutes after eight, I was passing by 5, Nightingale-lane, and saw the prosecutrix run out at the door, with her apron up to her neck—the prisoner was just making a grasp at her, and had a razor in his right hand—his throat was cut, and bleeding, and his head seemed to hang down—in trying to catch her he fell down, and she got away from him.
HANNAH GREEN . I live at 3, Nightingale-lane, Limehouse. I know Bryder—on 1st May, about a quarter or twenty minutes past eight I heard a person scream and call my name—I looked through the window, and saw Bryder standing, with her hand up to her throat, the blood was coming through her fingers—I went to the door, and just as I got there she fell into
my arms—I got help, bound up her throat, which was cut across, and she was taken to the hospital.
HUGH BROSNAHAN (policeman, K 261). In consequence of information, on 1st May, I went to 5, Nightingale-lane, and saw a quantity of blood out. side the door—I opened the door, went in, and found this razor (produced) in the passage—it has a black handle—it had blood on it—I went into the yard at the back of the house, and found the prisoner lying on the flat of hit back, and one or two men holding his head—he had a wound on his throat, which was bleeding very much—I took him to the hospital, and while I was there Bryder was brought in.
WILLIAM HENRY HOLMAN . I am house-surgeon at the London Hospital. On 1st May the prisoner and prosecutrix were brought there—I examined them both—on the right side of the female's neck there was a wound, between two and three inches long, and about an inch and a half deep, which divided the muscle of the neck, and was within one-eighth of an inch of the large artery—it was a very dangerous wound—she was in the hospital about four weeks, and is going on very well—the prisoner had a wound of greater length, but not so deep—he was about three weeks in the hospital, I think—this razor is a likely instrument to inflict such wounds.
M. J. RYDER re-examined. This is the razor.
Prisoner's Defence. A fortnight before Christmas she said she would get married to me; that was a fortnight after she sold the things; I had an accident, and was eleven weeks in the hospital; after I got well again, and got work, I put up the banns, and gave her my earnings; she then told Mrs. Green, where we were lodging, she did not mean to have me; I went and asked her the reason, and she said she would stop till Whitsuntide; on the Saturday night following she said, "I am sure I shall not get married to him; I only had him for a go-along, to get what money I could to keep Jack Skinner with;" when I went, on this morning, she said, "You b----fool, why did not you cut your throat on Friday night, you intended to do it?" I said I was not so foolish as all that; she said, "You was a b----fool to give me your money to treat another man with," which put me up so that I did not know what I was doing.
GUILTY . Aged 32.— DEATH Recorded.
NEW COURT.—Friday, June 15th, 1849.
PRESENT—Mr. Ald. GIBBS; MR. RECORDER; and Mr. Ald. FARNCOMB.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 40.— Confined One Year.
GUILTY . Aged 16.— Confined One Month.
BROWN pleaded GUILTY .—Aged 22.
KENT pleaded GUILTY . Aged 19.
Confined One Year
GUILTY . Aged 31.— Confined One Year.
GUILTY . Aged 39.— Confined Nine Months.
GUILTY . Aged 59.— Confined One Year.
GUILTY . Aged 18.— Confined Fourteen Days.
GUILTY . Aged 18.— Transported for Ten Years.
MR. METCALFE conducted the Prosecution.
JOHN CHARLES ORTON . I am a watchmaker, of Trafalgar-terrace, Kings-land-road. The prisoner was my apprentice six or seven years—he absconded about 17th March—I missed some tools; these are four of them—they had been scattered about on one of the boards in the shop—part of them he used to work with—I met him about eight weeks afterwards, and gave him in charge, I went to his father's, and found these four articles—here is one which was given me by my father, I should say I have had it twenty years—all these have been in my possession for years, except this one—the prisoner said he had taken away none but what he had made himself—I accused him of getting in at the shop-window—he said he had gone in for a pair of old boots.
Cross-examined by MR. BALLANTINE. Q. He had not served his time out? A. No—I could not make this roller-guage under 10s. or a 1l., to be answerable for its correctness—this file is worth about 6d.—it was about 17th March that the prisoner was missing—his father lived in St. John-street-road; about as far as from here to Smithfield—I wrote to his father next morning, previous to missing these tools—I was not aware then that he had robbed me—his father said he had left me, and he should not come back unless I forced him; that as I had nothing to do it was not worth while for him to remain my apprentice any longer—I suppose it was two or three hours after his father had left that I missed the tools—I did not then go to his father's and give him into custody—I should not have given him into custody at all had 1 not had other apprentices, or if I had not met him, but I was bound in principle to do so—I do not remember seeing his father during the eight weeks—I forget whether I communicated to the father that I missed any
tools—I do not think I wrote to him to say so—I did not call on him, but I was bullied dreadfully—I called when the boy was given into custody—I had been to the door previously—I had been unfortunate, and had not had work, and had shut up the shop—the prisoner said if I would allow him to go round the trade he would get work for me.
MR. METCALFE. Q. What did you give him in custody for? A. For running away, and robbing me—it was my wish that it should be treated summarily—I did not wish it should go to this length—it was from information I got at the police-court, at Bagnig e-wells, that I did not go to bis house; they said I had better not—his father said I had no work, and went into the shop to see; I put work on the board to satisfy him—my two apprentices had work to do, and have been at work ever since.
EDWIN SAYER (policeman, G 68). The prisoner was given into my custody on 16th May—he said he had made these tools, and that it was all false—I went to his father's, and brought away the tools—I found by some cards that he was setting up in business for himself.
DAVID ORTON . I am the prosecutor's brother—I was in the same business, but have left, and gone to another branch—I made this rolling-guage—I could not make it in less than a day—you must have another to make it by—they do not sell these at shops—I would not make this under 10.;. it has been made nearly twelve years—I believe this is a tool my brother made and I worked with at my father's—I told the prisoner the girl saw him get in at the window—he said he went in for a pair of old boots, and took no tools but what he made himself.
Cross-examined. Q. Do you work by the day?. A. No; piece-work—I never saw a rolling-guage like this—no one could make one that I could not distinguish this from.
NOT GUILTY .
GUILTY . Aged 21.— Confined One Year.
MR. BALLANTINE conducted the Prosecution.
WILLIAM JOHNSON . I live with my father and mother, in Queen-street, Chelsea. I was playing by the waterside there last Monday evening—I saw the prisoners breaking the iron railing which was put to keep people from falling down—heaving large stones at it, as hard as they could; at last they broke off these pieces—they wanted me to sell it; I would not—Fenton took some to the marine store-shop—I went, and told the woman not to buy it.
Sawyer. There were about ten of us playing, and this boy with us; he went and picked up a bit of the iron, and said he knew a place to sell it down White Lion-street; we had oakum to pick in gaol, and he stole my oakum. Witness, We were in gaol together on suspicion of stealing candles—I did not say I would sell the iron in White Lion-street; I do not know where it is.
Fenton. He took up a stone and threw it at the iron, and broke a piece off, and then he stole somebody else's share of the iron, and put it with his own. Witness I did not; I never had a stone—I and another little boy were playing by ourselves.
prisoners brought some iron, and asked my mother if she would buy it—Johnson bad spoken to my mother, and she would not—they went away.
WILLIAM JOHNSTON (policeman, V 90). Between nine and ten o'clock last Monday night I was on duty in Queen-street—I received information from Mrs. Davis, and took Sawyer—I asked what he had done with the iron that he took to Davis—he said he had left it on the shore: that Fenton asked him to sell it for him—I went along the shore, and found this 181bs. of iron close to where it was broken from—there was a sieve near it.
DANIEL PRICE OWEN . I am agent to Lord George Cadogan—I have been to the wharf, and find the railing has been broken away—it would require 15l. to repair it—I fitted this iron to the place, and it corresponded exactly—the rails were put up to protect the public.
SAWYER— GUILTY . Aged 13.— Confined One Month and Whipped.
FENTON— GUILTY . Aged 16.— Confined Three Months and Twice Whipped.
1297. GEORGE JOHNSON , was indicted for a burglary in the dwelling-house of Thomas John Jones, and stealing 1 hat and 1 waistcoat, value 12s.; and 1s. 2d., his property; and 1 umbrella, 2s.; the property of Emma Boone.
MR. COCKLE conducted the Prosecution.
EMMA BOONE . I am in Mr. Jones's service. On Saturday night, 28th April, 1 went out at a quarter-past eleven—I returned in five or ten minutes, and found the door open—I put down 1s. 2d., came out again, locked the door, returned in about ten minutes, and found it open—I said, "Who is there?"—I walked in, and the prisoner said, "All right"—a small lad was at the drawers opening them—the prisoner had an umbrella in his hand—he beckoned the lad, and said, "Come out"—they walked out—I closed the door, and walked after them—I went into the room the same night, and found all the drawers were open—the 1s. 2d. was gone; that belonged to Mr. Jones—the umbrella was mine, it was worth 2s.
Cross-examined by MR. PAYNE. Q. Have you been talking to Mr. Jones about this case, or he to you? A. No—I do not know Mr. Lanby, of Clarendon-square—my master did not tell me in the presence of a gentleman to be sure and swear to the prisoner as being the person—I am thirteen years old—I was left alone in charge of the house—Mr. Jones was over at the King's Head public-house—I do not know how long he was there—I saw him about nine o'clock, and again about two minutes after the prisoner left—the prisoner took my umbrella with him—I cannot be mistaken about him, I had seen him that morning—he had a black coat and a cap on—I was not frightened—my master had some time before threatened to discharge me for having left the door unlocked—I did not leave it unlocked that night—I shut it and turned the key.
THOMAS JOHN JONES . My house is in the parish of St. Pancras. On the night of 27th April I went out—I came home about twenty minutes past eleven o'clock, and found the drawers open—my coat, hat, and waistcoat were gone.
Cross-examined. Q. What are you? A. A chair and sofa-maker—I was at the public-house that evening for an hour or an hour and a quarter—Mr. King keeps the Adam and Eve; he never said if I got the prisoner convicted he would stand a good supper—I never said I knew where my property was—one
of the convicted thieves said if I would forego this prosecution he would tell me where it was—I did not, in the presence of any gentleman, tell the girl to be sure to swear to the prisoner—she had been told several things, but I told her to tell nothing but the truth—I do not know Mr. Lanby.
Cross-examined. Q. Is not Mr. Jones's house at the back of the Adam and Eve? A. Yes—the prisoner said he was innocent, and tried to escape.
GUILTY .* Aged 19.— Confined Eighteen Months.
1298. CHARLES SMITH, alias Groves , THOMAS M'CARTHY , and CHRISTIAN JOSEPH ALOYSIOUS KEIN , burglariously breaking and entering the dwelling-house of Richard Clementson, and stealing 246 yards of cloth, 2 coats, 1 spoon, and other articles, value 87l. 15s., his goods; and THOMAS M'CARTHY, Sen. , feloniously receiving part of the same, he having been before convicted.
MR. ROBINSON conducted the Prosecutitn.
MARGARET FLACKMAN . I am servant to Mr. Clementson, of Coleman-street. On 16th May, about seven o'clock in the morning, I found the staircase window open, and the parlour door, and the back door leading to the yard—I had bolted that door the night before—I went to bed at half-past eleven the night before; the window was then shut—the front gates were locked, as I left them the night before—no one could get access to the premises through the door that was open, unless they were in the house before—if anybody had been in the house they could have let others in easily.
Cross-examined by MR. BIRNIE. Q. Had there been any violence to the gates? A. No.
JAMES FREELAND . I am going on for nineteen years of age—I had been for some time in the prosecutor's employ—I have known Groves and Kein about three months—the others I do not know much of—Tom M'Carthy and Andy Burke took me to a public-house on the over-night of the robbery-Groves and Tom M'Carthy had wanted me to do it two or three nights before, and I would not—Kein and old M'Carthy said nothing to me about it before it was done—some nights before the robbery, I met Charley Groves—he laid a plan that I was to let him in at half-past two o'clock in the day, and he was to let the lot of us in at night—Tom M'Carthy was present—I let Groves in on 15th May, at about half-past two o'clock—he jumped down into the cellar, and concealed himself—I did not look at him after that—I left the premises about six—I saw Tom M'Carthy, Jack Burke, and Andy Burke about ten that night, in Fore-street—Kein had been with us just before, and Andy Burke gave him a pint of beer, and sent him off; he was not to come nigh us—I saw Jack Burke and Tom M'Carthy again at twelve—they took me to a public-house, at the corner of Moor-lane, and gave me gin and beer—we then all met in Cole man-street, me, Tom M'Carthy, Jack and Andy Burke, and Kein—Groves let us into the house at half-past twelve—there is a little back place like a warehouse—Groves unlocked the door, and let us in there—the keys were always left in the door—when we got in, Tom M'Carthy said, "Hold your tongue, we shall be heard," and he and Jack Burke went up and fetched down nine pieces of cloth, and Tom M'Carthy went to get a cab, or one of the barrows, to take them away—in the meantime, one of them gave me a small parcel containing the silver tongs, the tea-spoon, eye-glass, and a top of a child's rattle, and said, "Take care of these Jem, they will
fetch us a few halfpence when we are hard up"—Tom M'Carthy came back, and said he could not get a cab, and he would bring a barrow and two empty fish-baskets, and take them away that way—I was out of the house before they were brought—I went about half-past four—I went home, and then to old M'Carthy—he said, "Young Tom has gone to fetch the cloth away"—I was returning from him, and met Tom and a chap named Babbs coming with the barrow and four pieces of cloth on it about half-past five—they took it to old M'Carthy's—I do not know who opened the door—I saw it chucked in, and old M'Carthy said, "Make haste, make haste, you will have somebody see us"—they then went back with the barrow to fetch the other five pieces away—I stopped at the corner of Coleman-street—Groves and Kein were then gone—Groves had a coat to go with, and Kein a coat and a pair of boots—I saw the coats taken: one was taken from the counting-house, where master put it; it was a brown coat to fit all round, and they took one coat from the parlour—one of the prisoners got in at the staircase-window—you go through the private house into the yard—Kein was lying on the ground drunk, and Tom M'Carthy and Jack Burke were sitting down in the bottom warehouse—I went to old M'Carthy a second time, and saw a second parcel of goods, containing the five pieces of cloth—the parcel of silver that was given to me I kept till it was found by the police—Tom M'Carthy and his mother then took me to a public-house in Upper Whitecross-street, and gave me some drink—in the middle of the day I was at the top of Lower White-cross-street, and saw a cart—it first went round to the George public-house, and from there to old M'Carthy's house—the man watched the policeman round the corner, and when he was gone the goods were pitched up into the cart by old M'Carthy, Jack, and Andy Burke—the cart came from Compton-street, but I do not know from what house; it then went back to Compton-street—I should know the coats again if I were to see them—on the same afternoon, about half-past two, they took us into a coffee-shop, and 18l. was divided—I had 3l. 4s., some of them had 3l. and some odd shillings—I believe Tom M'Carthy got more—they said he got 40l., but he only brought 18l.—he had told me old M'Carthy got 1l.—Tom M'Carthy met me one day up at Charing-cross, and wanted me to go and sell some cloth that I had.
Cross-examined Q. When Tom M'Carthy went to get the cab or barrow how long had you been in the house? A. I was in the house about three hours—I did not remain there, Andy Burke did—the coats were taken while Tom M'Carthy was absent—we were all in the bottom place together—as far as I know Groves took the coat from the parlour—I was told that by Andy Burke—Kein took one coat away while Tom M'Carthy was gone for the cab—I have never been in trouble—Groves first proposed this robbery, and Tom M'Carthy said, "Come on, make haste and do it"—that was about a week before—it was the Cat public-house that Tom M'Carthy and his mother took me to—he spoke to me about this robbery a week before—he met me in the street, and said to me, "Halloo! young Freeland, Charley Groves has been telling me that he has been persuading you to rob your master"—that was true, Groves had been persuading me—I cannot tell when—he had persuaded me several times—when we were all in the yard Andy Burke went up and brought down the first roll of cloth—he was absent three minutes—Jack Burke brought the second—I do not know who brought the parcel of silver, it was so dark—it was a little after one o'clock—that was before Tom M'Carthy went for the barrow—there were not many persons drinking at the Cat—we were at the bar—it was before six in the morning—there were two men there—one came to light his pipe, a carman out of
Coleman-street—I remained there half an hour, and we then went to a coffee-shop; we remained there till about nine, it was almost full of people—we did not talk much there—it was so dark the greater part of the time we were at the house that we could not see persons' faces, and I was not sufficiently acquainted with their voices to tell them—there was a little lamp alight, but it was blown out before the parcel of silver was given to me—I saw the persons who entered the house with me in the open air—they were Tom M'Carthy, Jack, and Andy Burke, and Kein—Groves was in the house before—I cannot tell what time he left—Tom M'Carthy got a fishmonger's barrow, and said it was to go to old M'Carthy's—this was done after Groves went—I saw him again next morning in Whitecross-street—he said they had not sold it yet, and told me not to go to work till I had got my money.
RICHARD CLEMENTSON . I am a woollen-warehouseman, and live at 12, Coleman-street, in the parish of St. Stephen, Coleman-street—my warehouse is at the back of my dwelling-house—you cross the open yard to get from the house to the warehouse. On the morning of 16th May I came down and missed nine pieces of cloth, worth about 85l.; I have not seen them since—I had gone to bed about twelve the night before—the staircase window leads from the yard to the parlour; by that you can get into the dwelling-house—I should say it was shut the night before, because I was down-stairs last—I missed a pair of silver sugar-tongs, a tea-spoon, a silver eye-glass frame, and some other things—I have seen some of them since—the sugar-tongs were on the table in the sitting-room on the second floor—I fancy the thimble and silver shield were there—I missed an old black coat from a room adjoining the counting-house; it was worn at the cuffs, and might have a button or two off, and this olive-brown great coat (produced) from the rails of the counting-house—they were safe the night before.
MARK BULL (City-policeman, 151). On 16th May I examined the premises about nine o'clock in the morning—I should say the robbery had been effected by some one concealed on the premises—there were no marks of external violence—I apprehended Freeland on 26th May at No. 1, Artichoke-place—I told him the charge; he hesitated two or three minutes, and said he knew nothing about it—I searched, and between the bed and the mattress I found these sugar-tongs, spoon, and frame of an eye-glass, all in this handkerchief—he caught it with his right hand, and made a desperate effort to get out of the room—I took him to the station—shortly afterwards Tom M'Carthy was brought in by Trew—I placed myself in such a position as that I could hear what they said in their cells—Tom M'Carthy said, "Father, are you here?"—his father said, "Yes"—Tom M'Carthy said, "Bill Barrett has done this"—old M'Carthy said, "Have they found anything?"—Tom M'Carthy said, "They have found the sugar-tongs and some other articles upon the hid"—Tom M'Carthy said, "Are you here, Criss?"—Kein said, "Yes, two of them took me this morning"—Freeland called out to Groves, "Keep you counsel, Charley, they cannot hurt any of us"—the elder M'Carthy said, "Keep quiet all of you."
Kein. Q. Was anybody else locked up in the cell? A. There might be—there was no one sitting on the form before the cells.
Cross-examined. Q. Did you know the M'Carthys? A. Yes, I have known them these seven or eight years—I know their voices.
JAMES FREELAND re-examined. This olive great coat is my master's—I was at the Barley-mow a night or two after this robbery with Andy Burke, and Groves, and another fellow—Groves had this coat with him—they asked Mr. Martin, the landlord, for a brush, and brushed it.
GEORGE TREW (City-policeman, 26). On 26th May, at a quarter before one in the morning, I took Smith—I knew him by the name of Groves—I told him the charge—he said he knew nothing about it—I then took Tom M'Carthy in Whitecross-street—on the second examination on 1st June I was taking him and Groves along the street and Tom M'Carthy called to his wife and said, "Go and tell Andy and Jack Burke to get out of the way"—I took Kein after that.
Kein. When he came to take me I was in bed; I told my wife to fetch down my coat; I was looking for my cap, and he said he thought I must be passing something to my wife, and shoved her away, and she is very heavy in the family-way. Witness. I never touched her—she is a Very respectable woman, and so is his mother.
GEORGE FLOODGATE . I am in the employ of Mr. Brighton. On 16th May I saw Freeland, Groves, Tom M'Carthy, and Mrs. M'Carthy drinking at the Cat, at six in the morning—the men appeared wet—it had been wet all night.
Cross-examined. Q. Did you have anything to drink? A. No; I went to light my pipe—I have only known M'Carthys by seeing them about the street—I have not been acquainted with them.
GEORGE WATTS . I am an umbrella-maker. I saw Groves and Freeland together on the evening after the robbery, at the corner of White Horse-court, Whitecross-street—a party passed them, and Groves asked him if he would have anything to drink—Groves put his hand in his pocket, and pulled out more than one sovereign and some silver—I saw no more of them—they had something to drink together—the next evening I saw them together, and Groves had money then—he was in conversation with others, but not the prisoners—I heard Freeland say he had let Groves in in the after part of the day, and concealed him in the beer cellar; and during that time be fed him several times with provisions, and when the time was appointed for the robbery, Groves let them in, and Freeland said he got in at the window, and got the things out of his master's bed-room; that he got the keys and opened what doors required opening, and young M'Carthy was there at the time—he said he did not like it, and he would go and get a cab or barrow to take the things away—Groves did not say whether it was so or was not, he could hear what Freeland said, but when the coat was mentioned he was not there—he said, he had pawned a coat for 7s.; I did not hear him say where he got it—four or five days after the burglary, I saw Tom M'Carthy with the Burkes—he and Andy Burke said they had done a good thing—I heard cloth mentioned—I informed Mr. Clementson—I heard old Mr. M'Carthy say he had had a good flare up, and I heard another party say to him; "Well, you may have a good fare up because it comes easy to you"—I think this was on the Tuesday, in Whitecross-street; his wife was with him, and two strange men.
Cross-examined. Q. Do you know his wife? A. Yes; I heard it was his wife, and then I heard it was a party he lived with—when Freeland said he let Groves in, M'Carthy was not present—I was once tried for buying some tools, but was acquitted, because I proved I could buy them at the price—I was once before a Magistrate about a book, but I was not the guilty party—I was not acquitted—my master came up, and said if I had a little punishment It might make a bright man of me—I was sentenced to three months—that is nearly twelve years ago—I was then between sixteen and seventeen, and I am now twenty-seven.
WILLIAM WATERS . I live in London-passage, Whitecross-street. On 19th May, Groves brought me this brown coat to the Barley Mow—Freeland and Kein were with him—Groves asked me to pawn it—I tried it on; a
brush was asked for, and it was brushed—I asked Groves if it were his own?—he said, "No;"—I gave it him back, and he took it out and said he would get a man of the name of Barrett to pawn it for him, but before he took it out, Kein and a boy took it down Ratcliffe-highway to sell it—the boy is now at sea—Kein brought the coat back, and said they were offered 6s. for it, and he would not take it—I saw Groves afterwards with the duplicate—he said it was pawned for 7s., but he must alter the ticket into 6s. for he must give a shilling to the man for pawning it—he said that he had had a bit of a hut; that he had sold the property to a man named Hoare, a metal-dealter in Compton-street—he did not say what property, nor where it came from—he said they were offered 40l. for it, then it came to 30l., and then it came to 18l., and 18l. was taken for it—Groves said he wanted to take 40l., but one of the others would not take that—I saw a sovereign and a half, and he said it was the produce of the robbery—on the Sunday evening I saw Kein, Groves, and Freeland, drinking in Whitecross. street, and Groves said, "If anything should he said about it, I will send you word, and you may say all you know about it"—Freeland said, if anything should he said, he would rip the parties up for saying it, or words to that effect—Kein was not within hearing.
Kein. Q. What was the reason of your leaving Bullock-alley to go to Somerstown? A. Because I had not got money to pay my rent—I have been charged with two assaults, but no robbery—a silver-mounted pipe was pawned six months ago—I sold the ticket for 1s. 6d. the week before last.
JOSEPH LUCAS HODGES . I am shopman to Mr. Folkard, a pawnbroker. I produce this coat, I do not remember its being pawned—I have the duplicate which I wrote on 19th May—it was pawned by a female in the name of Ann Smith, for 7s.
JAMES MARTIN . I keep the Barley Mow, Blue Anchor-alley. On 19th May I saw Groves, Freeland, and Kein at my house—they asked me for a brush; I lent them one; they returned it—I should think they were there from ten till one—Kein had been there before.
JAMES MINCHIN . I live in Great Mitchell-street, St. Luke's. On the Tuesday after the robbery, Grove and Kein came to my house—Kein had an old black dress coat with him—it was broken under the arms, and the buttons off, and it had a piece on the elbows—he took it off and said would I buy a coat—I said, "What do you want for it"—he said, "half-a-crown"—I bought it for 1s. 6d.—I had it mended, and sold it for 3s.
Kein. He is Freeland's father-in-law; they both work in one place.
MR. CLBMENTSON. That is so—his first coming was in consequence of Hutchings being ill.
Keins Defence. I have been working under my father twenty-five years; I know nothing about this; I was at work at the gas factory, in Brick-lane; my father and mother are honest, industrious people.
JOHN BEE . I produce a certificate of the Conviction of Thomas M'Carthy, senior—(read—Convicted 9th April, in the 10th year of King George the Fourth, and transported for seven years)—he is the person.
(Kein received a good character.)
SMITH— GUILTY . Aged 21.
T. M'CARTHY, Jun.— GUILTY . Aged 25.
Transported for seven Years
KEIN— GUILTY . Aged 21— Confined One Year.
T. M'CARTHY, Sen.— GUILTY . Aged 59.— Transported for Ten years.
THIRD COURT.—Friday, June 15th, 1849.
PRESENT—Sir PETER LAURIE, Knight, Aid.; Mr. Ald. GIBBS; Mr. Ald. FARNCOMB; MR. COMMON SERJEANT; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury
GUILTY . Aged 19.— Confined Four Months.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY — Confined Twelve Months.
RUTH FLOWER . I am the wife of Edward Clare Flower, of North-street, Lissongrove—we let out the next door, No. 26, in lodgings. On 7th April, Peck took a furnished room there of me, for herself and husband—she came to live there—Holland came backwards and forwards, but I do not know that he ever slept there—I never spoke to them together—when she had been there four weeks, on a Sunday morning, I went in, and asked her for the rent—she paid me 4s., leaving 2s. due; she said she would bring that in directly—when she opened the door, I caught sight of the place where the bedstead ought to be; I do not know whether it was there—I asked her where my bedstead was—she said she had got it down to paint it, and aaid, "Look at my apron, it is all over paint"—I said that it did not want painting, and I must see the room—she said, "You cannot, as he is dressing"—I saw no more of her—on the Monday, between nine and ten o'clock, I went to see the room—the door was locked—I got in by a key, which I got from one of my own doors, and found Peck and everything gone—I. saw her again at the station in less than an hour—I afterwards went to Mr. Gregory's, a broker, in Earl-street, and saw a table, bedstead, bolster, and two pillows, which were mine, and the same that were in the room.
Cross-examined by MR. PAYNE. Q. You did not see Holland there more than twice? A. Yes, three or four times, in the evening time.
CLARA GREGORY . I am the wife of Thomas Gregory, of Earl-street, Lisson-grove. Peck fetched me to 26, North-street, to look at some goods she said she was going to sell—I went and bought a feather bed, bolster, and two pillows—she and Holland brought them to my house the same evening—I am quite sure he is the man.
Cross-examined. Q. You made the bargain with Peck? A. Yes; and afterwards paid her the money; the man was outside at the time—I said before the Magistrate I could almost swear the prisoner was the man, and I also said I had not the least doubt—I had never seen him before—he had a jacket on, and light trowsers—I came home while they were there—I then went next door to get change to pay them—the whole thing occupied a very short time; they waited some time before I got there.
THOMAS GREGORY . I remember receiving a bed, bolster, and two pillows—Peck came with the bed, and Holland brought it up and put it in my parlour—I have seen Peck before at my shop, but I have never seen Holland—I swear to him from a recollection of his face, and the peculiar methodic had of spitting on the floor, which made me notice him—I bought the things—my wife made the bargain while I was out at work—this pillow (produced) is one of those they brought.
Cross-examined. Q. How was the man dressed? A. In a short dark jacket and dark trowsers,
ARCHIBALD JOHN KNIGHT (policeman, B 278). On 7th May I found Peck concealed under a mattress, on the floor, at a house in Devonshire-street—I told her I had come to take her for stealing some things from Mrs. Flower, in North-street—she said the things were at a broker's, in Earl-street—Holland was not present.
Cross-examined. Q. The woman had been taken before? A. Yes; I believe she was taken on the Monday—I took him at about half-past nine o'clock on Tuesday night—the bed has not been found.
HOLLAND— NOT GUILTY .
PECK— GUILTY . Aged 19.— Transported for Seven Years. (See page 189.)
MR. ROBINSON conducted the Prosecution.
WILLIAM YOUNG . I am in the service of the prosecutors—their premises have three floors. On 5th June, about a quarter-past six o'clock in the morning, I was on the stairs of the top shop, and could see into the middle shop where the prisoner was—I saw him take a sheet of metal like this produced, and bend it once or twice—he then pulled up his trowsers, tucked it into his boot, pulled his trowsers down again, and walked down stairs—I informed Mr. Simpson—the prisoner could not see me where I stood—I had an object in placing myself there; it is tin foil.
Cross-examined by MR. BALLANTINE. Q. Was it this size? A. Yes; all the sheets are one size, and it was of the same thickness—I was the length of this Court from him—I am fifty-nine years old, and have good sight—I have not been suspected of stealing tin or copper—no one directed me to go there, no one was with me—the prisoner was at the end of the shop where he works while he folded the tin up—there was no one else in that shop—none of the other men of that shop had come—I was there before my time—I have been thirty years and six months in the employment—I did not give the alarm at the moment, because I thought if I did I should take justice into my own hands, and get knocked down besides—I told Mr. Simpson in three or four minutes—there were plenty of people about; there were some below—I was present at the police-court—I did not hear the prisoner desire that the water-closet at his house might be searched—he has been a policeman; there was another person in the service who was a policeman—we did not say we would have all the Bobbies out of the shop, or the Peelers either.
MR. ROBINSON. Q. Was there ever any charge made against you? A. No; I put myself there, because I had been suspecting him a long while—the tin was folded to a certain extent before he took it up.
GEORGE SIMPSON . I have one partner. On 5th June, Young made a communication to me—I watched, and saw the prisoner come out of the factory, I called twice, "Churchyard, I want you"—he said, "I am coming back directly," and went on to where he lives, directly opposite, not more than fifty feet off—I was seventeen or eighteen feet from him when I first called him—I ran and got to the door almost as quick as he did—he went into his own house, and slammed the door in my face—I got hold of a bit of string, and got into the passage in about a minute—I tried the parlour-door, thinking he lived there, and he opened the back-door, and came in from the yard—I went and stopped him—he said, "What is the matter, I have got nothing; you may search me"—I had not then said a word to him—I sent for a policeman, he came, and asked what it was—the prisoner said, "My master charges me with stealing the metal"—I had not then charged him with stealing metal, or with any specific theft, I had only said, "If you had been an honest man you would have stopped when I called you"—I then said he had been robbing the premises, and there was something secreted in his boot—he said, "You may search me"—he was searched, and nothing was found—the tin-plate is worth about 3s.—it is not easy to miss anything like that from our stock.
Cross-examined. Q. Did you not say "You have been robbing the premises." A. After the policeman came—it was after that that he said he had taken no metal—we have nothing but metal and tools on the premises; we have fifty men or more.
EDWARD HICKS (policeman, G 40). I took the prisoner—he had changed his boots—I saw the boots he had on first; they were Wellington's, and would have held such a piece of metal as this—I found no metal upon him—I searched the privy about a quarter-past five o'clock in the evening and found nothing.
Cross-examined. Q. Had the premises been searched before? A. Yes; the first thing in the morning; the privy was not—there was another officer there when I got there, he did not go into the yard; he stayed with the prisoner while I went—the boots are not here; they came just to the middle of the calf—he took them off, because they were in holes, and he said he should get wet—I did not notice any marks of lead in them—they would hold the tin and the man's leg too.
HENRY BOLL . I am in Messrs. Simpsons' service. On 5th June I was below—the prisoner came down and asked me if Mr. Simpson was in the way—I said I believed he was in the counting-house—he then said, "I must go and call my boy out"—I saw him turn to go out, and I went up stairs again.
(The prisoner received an excellent character.)
GUILTY. Strongly recommended to mercy by the Jury. — Confined Three Months.
Before Mr. Common Serjeant.
1304. WILLIAM ELGAN , embezzling 1l. 5s. 1d.; the money of William Smith, his master; also, stealing 4 pairs of gloves, value 2s. 6d.; the goods of William Smith, his master: also, stealing one pair of gloves, value 1s. 6d.; the goods of William Smith, his master; also, 3 yards of silk, value 12s.; the goods of William Smith, his master: to all of which he pleaded
GUILTY . Aged 26.— Confined One Year ,
GUILTY. Recommended to mercy. — Confined One Month.
RICHARD ROADNIGHT (police-inspector T). I heard Mrs. Prior ask tin prisoner what she had done with the articles—she said they were gone to be washed—I said I knew they were pledged—she then gave me twenty duplicates—the duplicates for these things were among them—she then said she pledged them because her husband had not sent her any money.
Prisoner's Defence. Mrs. Prior sent me to get a man in when her husband was out, I scolded her for it, and that is why she comes against me; when my husband did not send me any money, she told me to take the counter-pane, and said I could get it out on Saturday, when my husband came; she told me to keep the duplicate.
GUILTY . Aged 29.— Confined Six Months.
(There was another indictment against the prisoner.)
BURKE pleaded GUILTY . Aged 17.— Confined Three Months, and twice Whipped.
WILLIAM DUKE . I live at 6, South-bank, Regent's-park. I had some lead safe in my coach-house on 6th May—I missed it the same evening—it was afterwards produced to me—I did not compare it with the premises, but I can speak positively to it, having had it through my hands several times.
Cross-examined by MR. PAYNE. Q. You did not compare it? A. No, there was nothing to compare it with—they were used as a drain underground—they were taken up about two weeks before—they were both gone.
SELINA LEARY . About a quarter-past six o'clock this evening I was it the gate, and saw the prisoners go past towards Mr. Duke's house—in about ten minutes or a quarter of an hour I saw them come back, and Burke had the lead on his shoulder.
GEORGE GILBY (policeman, D 156.) I was on duty, and saw both prisoners carrying some lead pipe—before I got near them Warren put the lead over a wall—they ran away—I am sure it was Warren—while I took Burke to the station, the lead was taken away and sold—I found it at Stebbings', a marine store-shop in Halton-street—it is the same that has been identified.
JAMES CLOMTING (policeman, D 166). I found Warren concealed between the roof and tiles of a wash-house—I said, "Come out"—he said, "What do you want me for"—I said, "For some lead pipe from South-bank"—he said, "Now I know what I am wanted for, I will come out"—on the following afternoon I found some lead pipe had been sold at Halton-street.
Warren's conviction—(read—Convicted Jan, 1846, confined one month and whipped)—he is the boy.
WARREN— GUILTY .* † Aged 14.— Confined Three Months.
NOAH PARKER . I live at 6, Queen's-terrace, St. John's-wood—the prisoner was in my service, and slept with a lad down stairs. On 6th May, about six o'clock in the morning, the female servant called me tip—I found the parlour door broken open, also two drawers of desks, with a knife; and ten shillings, three sixpences, four pence, six halfpence and a knife gone—I sent the prisoner for the police, they examined the premises, and I afterwards gave the prisoner in custody.
JOHN BALDOCK (policeman, S 304). I was sent for—I examined the premises, and found the premises had been broken from the inside—I went into the kitchen, where the prisoner was—he appeared very much frightened—I found no money.
Cross-examined by MR. PAYNE. Q. Did the prisoner come to you? A. No; I went at nine, and did not take the prisoner in custody till eleven, then some conversation passed between us.
MR. PATNE to NOAH PARKER. Q. Did you say anything, or your wife, in your presence, to the prisoner after he was given in custody, or before? A. No, I did not hold out any promise or reward to him—the servant is not here—the other lad is seventeen, he is not here—I never charged him with this—these two lads slept in the kitchen, and the servant at the top of the house.
MRS. PARKER. I did not hold out any promise to the prisoner if he would tell the truth—I merely said, if he told the truth, it would go the furthest—I did say it would be better, and not worse.
NOT GUILTY .
WILLIAM SMITH . I am a shoemaker, of 3, Brighton-terrace, City-road. About half-past nine o'clock, on 8th May, in consequence of what some one had told me, I went to the door, and missed a pair of boots—I afterwards saw the prisoner in custody.
WILLIAM COLLEDGE . I was at my door, and saw the prisoner take a boot from one side of Mr. Smith's door, and then go to the other side and take the other boot, and walk across the road—I ran after him—he ran under a cart—the watchman took him—I never lost sight of him—I do not know what became of the boots—there was another boy with him.
GUILTY . Aged 17.— Confined One Year.
CHARLES FOX OPPENHEIM . I am a master mariner, and lodge at 18, Colchester-street, Colchester-gardens, where the prisoner was servant—I missed 4s. 6d., or 5s., from my waistcoat pocket in my bed-room, told the prisoner of it, and asked her to sweep the room—she said she could not find it—I sent for a policeman—before he came I received two shillings from Mary Nicholson—I gave the prisoner into custody.
MARY NICHOLSON . I am the wife of Thomas Nicholson, of 19, Colchester, street. I sent for the prisoner, told her of the loss, and she said she had taken 2s. of it, and the gentleman ought not to leave his money about
GUILTY . Aged 25.— Confined One Month.
OLD COURT.—Saturday, June 16th, 1849.
PRESENT—MR. BARON ROLFE; Sir PETER LAURIE, Knt., Ald.; Mr. Ald. FARNCOMB; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the First Jury.
1311. JAMES SHIELDS , feloniously breaking and entering the dwelling-house of James Brown, at Fulham, on 6th June, and stealing 1 box, 1 pair of ear-rings, 1 foreign coin, 2 rings, and 1 fourpenny-piece, his property; also for breaking and entering the dwelling-house of William Cummins, on 7th June, at Fulham, and stealing 1 shawl, 1 jacket, and 1 pair of shoes, value 18s., and 5s., his property: to both which he pleaded
GUILTY .** Aged 14.— Confined Eighteen Months.
GUILTY . Aged 15.— Confined Six Month.
Before Mr. Baron Rolfe.
MR. CLARKSON conducted the Prosecution.
MARY BINT . I am the widow of William Bint, he was a navigator, and was seventy-seven years of age. On Thursday, 17th May, he came home about six o'clock—we then lived at 16, King's-place, King's-cross—he threw himself on the bed and said he was a dead man—he said he had walked home from Holloway—in consequence of what he said, I sent for Mr. Pratt, a surgeon, who told me to send him to the hospital, which I did.
Cross-examined by MR. BODKIN. Q. Was your husband employed as a navigator at the time this happened? A. He had been out of work nine weeks—the doctor ordered brandy to be given him—I did not know the prisoner—he has behaved kindly to me since—he paid my husband's funeral expenses, supplied me with mourning, and gave me money.
JOHN WELFORD . I am a cow-keeper, at Upper Holloway. On Thursday, 17th May, about half-past four o'clock, I was near the Half Moon there, and saw the prisoner and an old man fighting—the old man was very active, and appeared to have the best of it—I saw him knock the prisoner down twice running—there were about four rounds—at the third round, the old man seemed to have rather the worst of it, and at the next round he again seemed to have the best of it—he was very weak, and would not fight any longer—I saw his dead body at the North London hospital next week when the inquest was held.
drinking-box outside; he appeared to be quite quiet—the prisoner came up and chucked his handkerchief in Bint's face—Bint took it up and put it into his pocket—on that Graves struck at him—Bint warded off the blow—they then set to, sparring, for five minutes, and here and there a blow was struck—I treated it so very lightly, that I sat and laughed at them—at length they I came to blows—I think Bint had rather the best of it—I had never seen him before—there were about four rounds—Graves was on the ground, I think, three times, and Bint once—Graves was drunk, Bint was sober—he had. done nothing to Graves before he threw his handkerchief in his face—I do not think they knew each other—when I saw the fighting was becoming more serious, I interfered, and told Bint to stop, for the other would fight all the afternoon—he then left off—he did not appear to be hurt; the punishment was about equal on either side—Bint went to the horsetrough and washed himself—he then sat down on the settle—some little collection was made for him, and in about ten minutes he walked away towards London—I saw no particular blow struck on the stomach; it might have happened without my seeing it, but I saw no blow or kick there—if there had been anything unfair in the fight I think I should have observed it: I did not.
Cross-examined. Q. Did it appear to you that Graves throwing the handkerchief into the old man's face, was the larking of a foolish drunken man? A. Yes; I believe Graves asked him to give it him back—he refused, and said he would keep it—my house is about two and a half miles from where Bint lived—he might have staid a quarter of an hour after the fight—he had a pint of porter, and pinned up his coat, which had been torn in the fight—he went off alone.
MICHAEL CONNOR (policeman). I saw Bint at his own house about a quarter-past eight o'clock on the evening, in question—he was in bed, and complained of having been beaten—I saw that he had been beaten—in consequence of information, I took the prisoner on Monday morning, 21st May, after hearing that Bint was dead—he asked what I wanted with him—I said 1 wanted him about the man he had an altercation with at the Half Moon last Thursday—he said, "I know, but I was drunk"—I said the man was dead—he appeared astonished.
WILLIAM FILLITER . I am house-surgeon at the North London Hospital. I saw the deceased there about nine o'clock on the evening of 17th May—he was quite sensible at that time—he had two contused wounds over each eyebrow about an inch long, and a few scratches about the thighs and legs, not of any importance—he was complaining of severe pain in the belly—I could discover no external mark to correspond with that pain—I applied my hand, and he complained, on pressure, and his muscles became rigid—he had the aspect of a man who was severely injured, but he did not seem to know it—on Friday evening symptoms of inflammation of the bowels came on, and he became worse, and died on the Sunday—I made a post mortem examination—I found a portion of the small bowel ruptured at a point opposite to where be complained of having received a blow, to the extent of about three-quarters of an inch—the bowel was entirely ruptured, and the contents had escaped into the cavity of the belly—there was very intense inflammation around the parts, almost amounting to gangrene—in my judgment the rupture was the cause of death, and the rupture was caused by a blow—it had that appearance, independent of his history of the transaction.
Cross-examined. Q. Would not the rupture be as likely to be occasioned by an overstraining on the part of the man himself? A. No, I think not—from
the mode in which it was ruptured, I think it must have resulted from direct violence; it would not have been so extensive from straining—it would only have caused the descent of the bowel, not the rupture of it—I should say he would have felt great pain on receiving the blow—I should not think it probable that he could have walked two or three miles afterwards without complaining, although I can conceive it possible—I think brandy would be prejudicial to him, and moving about—a fall might have produced the game effects.
(The prisoner received a good character.)
NOT GUILTY ,
GUILTY of an Assault. Aged 27.— Confined Two Years.
MR. COOPER conducted the Prosecution.
WALTER POWELL . I am a greengrocer, at 48, Leather-lane. I knew the deceased William Drakeford—on Saturday night, 26th May, at half-past nine o'clock, he was at my shop, and was quite well when he left—I saw him again in less than five minutes, being carried or led towards my shop—his head was cut, and bleeding very much—I sent for a cab, and had him taken to the hospital.
Cross-examined by MR. BALLANTINE. Q. Was he sober when in you shop? A. Quite—he was thirty-nine years of age.
WILLIAM CONYERS , I am a costermonger, and live at 3, Bedford-street On the night of 26th May I was standing opposite a butter-shop, in Liquor-pond-street, and saw a cart coming, at the rate of eleven and a half or twelve miles an hour—the prisoner was driving—he had the reins in his hand, and a whip, which he used twice after he passed me—I did not see the accident, but, in consequence of what Louisa Steel said to me, I ran after the cart, and kept it in sight till it was stopped by a policeman.
Cross-examined. Q. Was it then going at the same rate? A. Yes; I should say the horse was galloping—I do not think a horse of that description could trot at that rate—there was another person in the cart.
LOUISA STEEL . I am married, and live in Mount-place, Pool's-place. On the night of 26th May I was in Liquorpond-street, and saw two men in a cart—the prisoner is one—he was driving—I do not know how fast he was going, but I have seen carts go just as fast—I saw the deceased apparently going down Liquorpond-street in the road, meeting the cart—he was about half a yard from the kerb-stone—the pavement and road are very narrow there—I did not see the cart until the accident happened—it happened not far from the corner—the street is not straight there—I cannot say whether the persons in the cart could see the deceased; I do not think they could when I saw him, for he was close to the side of the wheel—the wheel struck him at the side of the head, and he fell down on the back of his head—the cart went on—I do not know whether the persons in it were aware of what had happened—the prisoner appeared to be in liquor.
Cross-examined. Q. What makes you say so? because he was agitated? A. No, because he was drunk—I saw him at the office.
THOMAS EGERTON (policeman, E 51). On the evening of 26th May I was in John-street, Bedford-row, and hearing some persons calling "Stop thief!" I ran into Little James-street, and saw the prisoner, and a man named Logan,
in a cart—in my opinion, the horse was going from twelve to fourteen miles an hour, on full gallop—I stopped it, and asked the prisoner what was amiss that made him drive along so fast—they said, nothing at all was the matter that they knew of—it was stated, in the prisoner's hearing, that he had run over a man—he said he did not know anything about it—I took him into custody.
Cross-examined. Q. How did you stop the horse? A. By laying hold of the reins—it did not stop immediately—we ran it hack a little distance on the pavement—I had some difficulty in stopping it—I did it myself—the prisoner was pulling the reins as hard as he could—that appeared to make the horse go faster.
WILLIAM TREVILLIAN . I live in John-street. On 26th May I was in Liquorpond-street, standing near a baker's shop, with Mrs. Steele—I saw the cart coming up the street, and saw it knock the man down—instead of the cart being on the left side, it was on the right—it was going between eleven and twelve miles an hour—I did not see the whip used before the accident, but afterwards the driver whipped the horse twice.
Cross-examined. Q. What are you? A. A general dealer—this occurred in the narrow part of Liquorpond-street—there is not much more than room for two carts—it was while the deceased was stepping on the kerb-stone that the wheel struck him on the head—I was standing close by him—I did not see him before the accident happened—the wheel struck him on the right temple, just as he was stepping on to the kerb.
GORDON WEBSTER (policeman G 196). I was in Leather-lane when I heard of the accident—I went to the spot, and saw the deceased lying partly on the footpath and partly on the carriage-way—he was quite insensible, and never spoke—I took him first to Mr. Powell's, and afterwards to St. Bartholomew's Hospital.
Cross-examined. Q. What sort of a horse was it? A. An old one—I did not know the prisoner—I had merely asked him to give me a lift.
CHARLES MILES . I am house-surgeon at St. Bartholomew's Hospital. The deceased was brought there—he had two wounds on the right side of his head, and was suffering from concussion—he lingered till 8th June, and then died—on examining his body after death, I found a fracture at the base of the skull, which was no doubt the cause of his death.
(The prisoner received a good character.)
GUILTY. Aged 27.—Strongly recommended to mercy by the Jury. — Confined One Month.
MR. BALLANTINE conducted the Prosecution.
THOMAS THIMELEBY . I am a solicitor, of Spilsby, in Lincolnshire. I had a client named William Whittaker, and another named George Searby—on 21st April, 1846,1 had some deeds at my office, belonging to Mr. Whittaker—they had been examined and deposited there on the 20th—there was a note and a memorandum with them—I served a copy of this notice on the prisoner, in Newgate, the day before yesterday—(this was a notice to produce the papers in question)—on 2d June, 1847, I gave up to Searby two papers relative to a mortgage for 79l., which I believe had been in the same box with Mr. Whittaker's papers—in consequence of something Mr. Whittaker said, I
looked for his papers, about 2d May, and found the deeds, note, and memorandum were gone—I went up to London with him, about 17th or 18th May, went to the Tontine Insurance-office, and this note and memorandum were produced to me by Mr. Dimes—I believe he is the solicitor and managing director there—on 21st May I went down to Liverpool, and found the prjsoner at 1, Sun-street—I asked what he intended to do about his life insurance with the Tontine Company, Pall-mall, and his note to the same company for 30l., and likewise Whittaker's deeds, and the note and memorandum of deposit for 100l. which Whittaker owed him—he said he did not know what to do at present; that he had no money, having been a long time out of a situation; but that he intended to pay something weekly to the company—I told him he was suspected of forging, and gave him in charge of the officer who accompanied me—he voluntarily said, "Searby gave me the deeds, in consequence of my having joined him and a Mrs. Thomas in a note for 30l. and upwards, to get Searby out of Whitecross-street prison"—he gave no account of Whittaker's promissory-note, or of the memorandum of deposit—this note (produced) is the one I alluded to—I did not produce it to him—I had seen it at the Tontine-office.
Cross-examined by MR. PARRY. Q. Did he not say, "Searby gave the deeds and papers to me,"or" gave what you have been talking about to me?" A. He only mentioned deeds to the best of my recollection I should not like to pledge my oath to it—he alluded to the deeds and forged document—Searby has been a client of mine for many years—when the deeds and note were deposited with me I lived at Toynton, about four miles from Bolingbroke, where Searby lived—Toynton is near Spilsby—became to my office frequently—the box was kept on the floor of my office—I do not swear that the deeds in question were in it—these are Mr. Whittaker's papers (produced)—here are two abstracts, and a title—I believe I only gave Searby one deed—I generally put papers which I have not delivered over, into a private box, until I deliver them to Mr. Spence, my father-in-law—I hire been a solicitor ten years—I am not likely to give a person what they are not entitled to—I possibly handed Searby one deed, two abstracts, and some loose papers, constituting Whittaker's title—all Searby was entitled to was a single deed—Searby knew Whittaker very well—I cannot say whether he knew his writing—he never communicated to me that I had handed him these deeds accidentally—if they had come into my hands accidentally, I presume I should be anxious to return them to the right party—I have never had to refer to them since the day of their date, and do not know whether they were there or not—I next saw them at the Tontine office—I charged Searby with stealing the whole of the papers—I did not know the prisoner until he was given in charge.
MR. BALLANTINE. Q. Was Searby taken into custody? A. No; after hearing his explanation I withdrew the charge—he said if I persisted I must take the consequences—I suppose he meant an action—he was never in my office after I gave him up his deeds.
GEORGE SEARBY . I live at Sandwich-terrace, Battersea. In June, 1847, I settled some accounts with Mr. Thimbleby, and received from him a mortgage-deed of my own, within which was a deed, a promissory-note, and a memorandum belonging to Mr. Whittaker—these are them (produced)—I got to London in the latter end of June—I recognized to whom the papers belonged, a day or two before I came up—I went up expressly to meet the prisoner, in answer to an advertisement for a partner—we entered into business
together as perfumers, at 22, Wellington-street, Kingsland-road—the deeds were in my portmanteau at my house, 4, Great Cambridge-street, Hackney—in Aug., 1847, I was taken to Whitecross-street prison—I got out the same month, and took all Mr. Whittaker's papers to Wellington-street, wrapped them up, directed them to Mr. Thimbleby, and put them into a closet—in Sept., I went out for the day—I returned, and found the greater part of the things removed, these papers also—I saw the prisoner a day or two after, at the place of business, and accused him of taking away the partnership things, and also the deeds—I had never told him I had the deeds—I think he denied taking them, or having them—it is not true that I handed them over to him as security for his joining in a promissory-note, or any of them—I remember the prisoner lodging at 13, Brunswick-square, Hackney-road—a person named Tooke was his landlord.
Cross-examined. Q. You were in the habit of going to Mr. Thimbleby'a office? A. Yes—I am not sure whether I went after I got the papers—I saw him afterwards—I knew they were not mine—I had no reason for not giving them to him—it was in the hurry of packing up, in fact—I was not aware they were worth anything, at least I was not aware they could be appropriated by any one but the owner—I have got my own deed now—I have never made use of it—I put it and the other papers into my portmanteau, and do not know that I looked into it but once afterwards—Mr. Thimbleby said I stole these deeds—I gave my explanation as I have to-day—I took them from my house to Wellington-street to send them back—one reason why I did not do so, was that I was very scarce of money—I am not aware that I had any creditors at Bolingbroke—I had several debtors—I lived there about ten years—there might be some that I owed a few shillings to—several owed pounds to me—another reason for my removing the papers from my house was, that finding two years taxes were owing on the house I determined to leave it, and gave the landlord the fixtures for the month I had been there—I moved everything to Wellington-street—I saw the parcel there almost every day—the cupboard was kept locked when I was not there—I was to give the prisoner 50l. to go into partnership with him—I was arrested for 40l. a month after I came to London, at the suit of Wilkinson—it was a debt which I had incurred for business purposes at Bolingbroke—he lived in London—I paid off 16l. of it after I came to London—I think I sent the prisoner word that I was in Whitecross-street, two days after I went there—he came to me there two or three times, perhaps more—I am not sore whether I or Mrs. Thomas asked him to become security with her to get me out—I do not think he refused—I had then paid him 39l. of the 50l.—Mrs. Thomas is a cousin of my wife's—she lives at Spilsby—she lived in London then, and came to the gaol sometimes with my wife—the prisoner did not refuse to become my security unless I gave him security—I gave him 3l.—I had my trunk and papers there—I did not give him the deeds and note as security, or offer him them for any purpose—I am now a roaster plumber, painter, and glazier—I was apprenticed to that business—I had no creditors in London but the prisoner—I think I have creditors still—I am not sure—I was a plumber, glazier, and coach-painter at Bolingbroke, and had some land which I occupied.
MR. BALLANTINE. Q. When you settled with Mr. Thimbleby, did you bow what papers he had of yours? A. I know he had others besides the one he gave me, and I believe them to be in his possession now—I have paid the prisoner 49l. out of the 50l., and gave him 3l. besides to be my security—this
promissory-note (produced) for 30l. 18s. is the one in which Mr. Thomas joined—the whole of it has been paid by myself and her—I paid about 12l., and she some, and my wife's uncle the rest—the prisoner paid none of it—I know of no money having been obtained from the Tontine—I never saw this note and memorandum till they were produced at the police-court—I believe them to be the prisoner's writing, some parts especially—I do not know Mr. Whittaker's writing.
WILLIAM DIMES . I am a solictor, and Managing Director of the Tontine Life Insurance Company, 20, Pall Mall. About Oct or Nov., 1847, a person, who I believe to be the prisoner, came—I had been in previous communication with him, and advanced him 30l., on account of the Company-be gave me his own note for 30l., and these papers as a collateral security (the promissory-note was for 100l., with lawful interest, to be paid in two instalments of 50l. each, with a memorandum, admitting the deposit of the deeds at security; signed William Whittaker—witness, John Tooke.)
WILLIAM WHITTAKER . I live at West Keal, Lincolnshire. I deposited some papers with Mr. Thimbleby, amongst them was a promissory-note and memorandum signed by me, connected with some business I had with Mr. Spence—this note and memorandum are not my writing—the name of Whittaker is a forgery—I know Old Bolingbroke well—there is no person of my name there—I never had any dealings with the prisoner.
Cross-examined. Q. Is that signature like your writing? A. Something—I have known Searby, by living about a mile from him—he never made any communication to me that he had got my deeds.
HENRY MURPHY . I am one of the Liverpool police—I took the prisoner, and told him the charge—he said he did not understand about the note for 100l.—I asked if he got all the papers from Searby which he left at the Tontine—he said, "Yes"—I asked if that was the same 100l-note which he got from Searby—he said it was—I said, "How comes it to be drawn by Whittaker, in favour of George Richardson"—he said, "I can't account for that."
Cross-examined. Q. You found him at Liverpool, in the service of Messrs. Vey, the large tea-dealers? A. Yes—I learnt from them he had been there eight or ten months—I found him at 1, Sun-street.
Cross-examined. Q. For how long? A. More than twelve months—I never heard anything against his character.
GUILTY of Uttering. Aged 32.— Transported for Ten Years.
MR. CLERK conducted the Prosecution.
JOHN NORCOTT SCOTT . Last Jan. I was in the employ of James Curtis, carver and gilder, of Dean-street, Soho. On 6th Jan., between six and seven o'clock in the evening, the prisoner called and asked Mr. Curtis to cash a check, as it was too late to get it at the bank—he had not got change, and gave me the check to take to Mr. Smith, a tea-dealer, at the corner of Coventry-street—I gave it to some one there, who gave it to a clerk, Mr. Johnson,
who gave me the money—he had the check in his hand then—it was the same—I gave the change to Mr. Curtis, who gave it to the prisoner—it was 5l. in gold and a 5l.-note.
Prisoner, Q. Do you mean you saw me give it to Mr. Curtis? A. Yes
GEORGE JOHNSON . I am assistant to Mr. Smith, a tea-dealer, of Coventry-street. On Saturday, 6th Jan., between seven and eight in the evening, Scott brought this check—I gave him change—it was paid into our banker's on Monday, and returned on the Wednesday, as the drawer was not known.
Prisoner, Q. Was not Mr. Curtis sued about it? A. Yes, when we found, after two or three months, that he would not pay the money—he has paid it.
JAMES THICK . I am a clerk in Sir Samuel Scott's bank, Cavendish-square—it was Sir Claude Scott's until 1849—this check (produced) was given in a check-book to a customer named Wickham, five or six years ago—we know nothing of Charles Fox—(read—6th Jan., 1849, Sir Claude Scott and Co., pay Mr. Wright, or bearer, 10l., Charles Fox.)
Prisoner's Defence. Scott has sworn falsely; Curtis gave him the cheek, but he never had it of me; he has absented himself, to fix the odium upon me; be knew nothing of me to have confidence in me to take a check; it emanated from him, and he bad the money.
JOHN NORCOTT SCOTT re-examined. I saw Mr. Curtis hand the prisoner the money, and then ask him to lend him a crown—the prisoner lent him a 1l., and as he did not come back for it that evening, I went and inquired for Fox, who he said lived in Chester-place or terrace—there was a Mr. Fox living there, but not the right one.
Prisoner. Q. Is not your master a friend of Wickham's? A. No; but I know you to be—I am not in Curtis's employ now—he is absent through difficulties, nothing to do with this—I have not seen him for a fortnight, and have had no instructions from him.
GUILTY .— Transported for Ten Years.
NEW COURT.—Saturday, June 16th, 1849.
PRESENT—Sir WILLIAM MAGNAY, Bart, Aid.; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
1318. WILLIAM JACKSON, alias Mahew, alias Morgan, alias May, alias Coleman , feloniously breaking and entering a building within the curtilage of the dwelling-house of the Overseers of the Poor of St. Pancras, and stealing therein 15 sovereigns, 10 half-sovereigns, and 155l. in silver, their monies.
MESSRS. PRENDERGAST and PARRY conducted the Prosecution.
JOHN M'GAHEY . I am vestry-clerk of St. Pancras—my offices are the vestry-rooms, which are within the curtilage of the building—Thomas Rhodes is one of the Trustees under the Act—Mr. Weeding is another—John Henry Eden is master of the workhouse—William Douglas is a vestryman and ratepayer, and is one of the directors and overseers of the poor. On Thursday, 8th Feb., I changed a check for 257l., which I had obtained on the previous
Tuesday from the directors—I handed 160l. in silver to my son, in shillings, half-crowns, and sixpences—there is a room in the vestry called the strong-room, where I am in the habit of placing money which I have for the purposes of the parish—there are papers there—there was a cash-box there that day, with 20l. in gold and two gold seals—the key of that room, sod the key of the garden gate, used to be kept in the inkstand drawer, not locked, in my private room, and the key of the door leading from the vestry to the garden—I kept the key of the press in the room—it was open to observation that silver was brought on Thursday, to pay the poor with next day.
Cross-examined by MR. HUDDLESTON. Q. Where is the strong room? A. At the end of the building opposite the entrance—no one sleeps in that part of the building—you get to the part where people sleep, by a door, leading into the workhouse yard—there is no covered passage, but a wall surrounds the yard—the tin cash-box was broken open—it was moveable—there were also two bank draft receipts for 1000l. each there—they were missing next morning, but the gold seals were left—a closet in the strong room was broken—it is a fixture, and ranges with a set of boxes for papers—it was put up after the building was made—there was 155l. worth of silver there—that would be larger than my head—a strict search was made all over the premises with a policeman—the receipts were not found for ten or twelve days, when Mr. Pitt, the accountant, brought them to me, and said he had found them, and told me where—I do not think he had any business in that place—he was discharged about a month afterwards—the key is sometimes left in the front door, inside, and the premises are left by another door; the porter's lodge is part of the vestry rooms; there would be a communication that way if the door inside was locked—the porter lives in the lodge—there is no bed there, only an arm-chair—he should not sleep there—I never saw the prisoner till I saw him at the hospital.
Mr. PARRY. Q. Was Pitt discharged for any connection with this robbery? A. No; the strong-room opens into a long passage—the porter's lodge is on a lower story of the same building.
WILLIAM HENRY M'GAHEY , jun. On this Thursday evening I received 160l. in silver from my father—I counted it out with Mr. Clow, put it into separate paper packages, each marked with the name of the paying agent, and put it into the closet in the strong-room—it was to pay the paupers with—I locked the closet, and put the key into my pocket—I locked the strong-room door, and put the key in the inkstand in my father's office—about nine in the morning I went to the strong-room, it was locked, and the key was gone—I got a key from my father, unlocked it, and found the money was gone—there were marks of the closet having been broken open by a screwdriver—the lock was wrenched—I saw Tiffin with a screw-driver and crowbar—Mr. Sowerby was there afterwards.
Cross-examined. Q. How many compartments were there in the closet? A. Six; they were all wrenched open but one, and I believe there was nothing in that—the money was all in the middle compartment.
FRANCIS PEAW . I live at 20, Cornwall-place, Camden-town, and sin clerk to the Vestry-clerk of St. Pancras. On 8th Feb. I assisted young Mr. M'Gahey in putting some silver into bags—next morning, about a quarter past nine o'clock, I was told something, went to the inkstand drawer, and missed the key of the strong-room—the window to the water-closet lobby was wide open, wider than I have been in the habit of seeing it.
Cross-examined. Q. How many compartments are there in the closet? A. There are three sets of cupboards with two doors to each; the middle and the bottom one were broken open—the money was in the middle one.
BENJAMIN LAIMBEER . I am a Director of the poor of St. Pancras, and was on duty that morning, to pay the poor—I went to the strong-room about ten o'clock, and saw the cash-box on the floor, and the press broken open—I opened the lobby-door—there is a washhand-stand there, on which lay this screw-driver, crow-bar, matches, and two iron keys—one of them is the key of the door from the vestry to the water-closet, and the other of the door from the vestry into the garden—the lower sash of the window in front of the building was lifted up as high as it could go—there was room for the admission or exit of any person—there were finger-marks on the cill towards the house, as if some person had got out—the marks on the cash-box and press corresponded exactly—if the garden-gate were locked, the porter could not get into the garden, so that the key would be useful to any one engaged in the strong-room.
EDWARD JAMES GILLMAN . I am one of the beadles of St. Pancras. On this morning, about a quarter before nine, I found the window open wide enough for a man to get out—the water-closet door was locked, which I never knew it to be before.
WILLIAM CATER . I am agent to the Directors of the poor of St. Pancras. On the evening of 8th Feb., I left the vestry by the porter's lodge about a quarter to ten o'clock—the premises appeared to be closed in front—I saw no light, or appearance of any one being on the premises.
JAMES HALE . I am one of the poor of St. Pancras parish. On 8th February, a little after eight o'clock at night, I went out by the porter's lodge—there are two other outlets, one from the area, add one from the back-yard—the other two were secured when I left—I went next morning about a quarter-past five, and opened the basement story about a quarter before nine—in sweeping the front area, J found this list shoe under the water-closet window which was open; in another part of the area, near Cook's-terrace, I found the other—it had been in the gravel, and was dirty at the heel.
Cross-examined. Q. How far is it from the window to the palings? A. About six or seven yards—the window is twelve or fourteen feet high.
JOSEPH LYE . I am a compositor, of Metropolitan-buildings, St. Pancras. On 8th Feb., shortly after twelve, I was passing St. Pancras vestry, the prisoner called, and asked me to assist him over the railings which were between me and him—he had his back to the wall of the first house in Cook's-terrace—I asked what was the matter—he said a man threw his hat over, and in getting it he had fallen, and was afraid he had broken his leg—I said, "If that is the case, you had better ring the bell at the porter's lodge, and obtain the key, you can then come out and get assistance"—he wished me not to do so, as he bad been drinking with some friends, and having no business in that neighbourhood, wished to prevent an exposure; I said, if he
could get to the gate, I thought I could get him over—he got there by holding the tops of the railings—I helped him over, and felt his leg—it appeared to be injured, just above the knee—I led him to Cook's-terrace, twenty or twenty-five yards, and stopped, finding I was not able to assist bins—two men came up, one went for a cab, and the other for a doctor—I left him two or three minutes, returned with the cab, and found two men with him—he was put into it.
Cross-examined. Q. He allowed you to feel his leg. A. Yes; I did it of my own accord, finding I could not get him along; the limb was quite useless.
DAVID CALLAGHAN . On the night of 8th Feb., I was going along St. Pancras-road, and saw the prisoner standing, three houses from 15, Cook's-terrace—Lye had gone away—a cab came—I tried to lead him to it, but could not, and took him on my back—I wanted to put my hand behind bin and hold him up, but he said he would hold on himself, and I was obliged to stoop more than I should have done—I thought him heavy for his size—I know the weight of men pretty well by carrying them occasionally.
ROBERT CLARK . I am a cab-driver, of 8, Chapel-street, Hackney-road. On 9th Feb., between twelve and one o'clock in the morning, I took the prisoner up by Cook's-terrace—he told me to drive to Holborn—when I got there, I asked him which way I was to drive—he said, "To No. 105, Black-friars-road"—I did so—he ordered me to ring the bell, which I did, and a person answered him out of the first-floor window—I did not hear what he said—he came down, went to the cab-window, and spoke to the prisoner for ten minutes, or a quarter of an hour—I did not hear what was said—I walked up and down the street—I did not go far from the horse's head—I did not watch them—the man went into the house, and ordered me to drive his friend to Guy's Hospital; he did not go with him.
Cross-examined. Q. What was his injury? A. A broken thigh, in two places, which rendered the limb perfectly useless—he could not walk; be might hop.
Prisoner. My other leg is contracted; I could not hop on that. Witness. It is only contracted in part—I only examined it cursorily—I think he could get six or eight yards on it—it is stiff in the knee; it appeared to be the result of a former injury—I merely examined to see if it was injured, finding it was not, I was satisfied.
JEREMIAH LOCKERBY (policeman, S 180). I saw the prisoner at Guy's Hospital—I did not at first tell him who I was—I asked when he broke his thigh—he said, a fortnight ago—I asked where—he said just the other side of Westminster-bridge—I asked what time—he said about half-past nine o'clock—I said, "Do you mean half-past nine to-morrow fortnight?"—he said, "Yes"—I asked if any one was with him—he said, "No"—I asked if any one came to his assistance—he said, "Yes, two gentlemen"—he said hi' name was Jackson—he said, at the police-office, that he lived at Shirley, about two miles the other side of Southampton—when I first told him I was a policeman, and asked where he lived, he said he should not tell me—he then had large dark whiskers—I afterwards found some one had cut them off, after that they grew again, and two days previous to going to the police-court, he cut them off again—I asked what he did that for—he said there was
a disturbance in the hospital, and he said, "If they an going to identify me by my whiskers, I will put a pair of false ones on for them"—the lobby-window is just twelve feet from the ground—from there to the railing is fifteen feet, and from the railing to Cook's-terrace, is thirty-five feet; the railing is five and a half feet high.
Cross-examined. Q. Did you see the marks on the window-cill? A. Yes; I at first thought they were made intentionally from the inside—I took Clark and Lye to the hospital with me—I was nut in uniform—I went on purpose to see whether I should apprehend him.
MART ANN REDDING . Between twelve and one o'clock, on the night of 8th Feb., I was with two other women outside the workhouse door—I heard a fall and a moan, and a man say three times, "God help me, I am dead!"—I had been there a quarter of an hour, and saw nobody pass the railings, or throw a cap over—the moaning appeared to come from over the railing.
Cross-examined. Q. Were you talking, to keep yourselves awake? A. Not at that time.
Cross-examined. Q. Do you know everybody in Shirley? A. Not very well; a William Jackson's name is in the books as rated to the poor—I do not believe the prisoner is the man—he is not so old a man as the prisoner—I do not know where he lives—I called on him for his rates in 1846—he could not pay, and was excused—I cannot describe his person—I do not know that I ever saw the prisoner before.
Cross-examined. Q. We bear from Mr. M'Gabey that you produced three receipts for 1000l. each, twelve days after the robbery? A. Yes; I found them in the strong-room, on the ground—I had business there—I was continually in the habit of going there—I went to speak to a gentleman who was there, Mr. Jacques; he is here, and was present when I found them—I had not been in the room that day before—I bad about a week before; it is a room which people go into constantly every day.
MR. PARRT. Q. Are there papers round the room? A. It is strewed with papers; if a person had thrown these aside, out of the cash-box, they might, most readily, have got mixed with other papers, and been overlooked.
GUILTY .* Aged 53.— Transported for Ten Years.
1319. CHARLES SIMPKINS and HENRY BOND , stealing 6 sovereigns, 1 10l.-Bank-note, and 1 warrant for the payment of 22l. 16s. 4d.; the property of Manoel De Sa Pimentel, in the dwelling-house of Caroline Hocking.
MARY PIMENTEL . I am the wife of Manoel De Sa Pimentel—I live in Northumberland-street, Paddington—my husband was an inmate of Bethlehem Hospital in 1848—I got him out in Feb. 1849, as he had a wish to get out—I had known the prisoner Simpson some time—I spoke to him on the subject, and he said he could get me a keeper to take care of my husband when he came out—my husband has some money, the dividends on which
are due at Christmas, or January: Simpkins knew that, I had told him so before my husband came from abroad—when my husband came out of Bethlehem, and had come home, he went to get his dividend, the keeper went with him—when my husband came home he had 47l.—there was a dividend warrant for 22l. 16s. 4d., a 10l. Bank-note, and some sovereigns—on the day after that, he was very troublesome, and we got another keeper—Simpkins said it would be better to put him back to the asylum—Simpkins went with me to get an order for his re-admission—on our return, Simpkins called at I public-house, and he met the prisoner Bond—he seemed to know him, and they said they would find two strong men to assist Turner, my husband's keeper, but they never said they would come themselves—on the Friday, Simpkins came into our parlour, and said, "Oh, Turner, you have done it!"—he said, "What have I done?"—he said, "You have told your mother that we were going to rob Pimentel to-day," and he kneeled down and said, 80 help him God it was not true—Bond and the other men rushed into the room, and Simpkins locked me out—I tried to get in, but he would not let me—Simpkins then called for paper and pen and ink, and then I got in, and then was the money on the drawers—Bond was looking at the note, and he put the note and money into his pocket—Simpkins asked me for the certificate of my marriage; I took it out of my pocket, and he took it and put it into his pocket, that was before they had got the money—before they left the room I asked if they would not give me some money, and they would not—I afterwards went to Simpkins' house to ask for my money—he took up a knife to me twice, and gave me most gross language, and called me horrid names—I never got my money.
Cross-examined by MR. ROBINSON. Q. When he did that, did he not say it was for your treatment of your husband? A. No; that I will swear—I have known Simpkins: I was not intimate with him—my husband never saw him till he came to my lodging the day he came out of Bethlehem—I did not get my husband out by representing that I would get him abroad—I said if he liked to go, he might—I know the house where Simpkins lives, I hare been there several times—I did not go to him before that and beg he would come, because my husband was so violent—my husband was violent, and Turner sent for Boyd—Simpkins and Bond came to the house on the occasion when the money was taken—Turner told me that it was Simpkins who locked me out of the room—I had not been struggling and fighting with my husband to get the money—I had never spoken to him on the subject, for the keeper said to me the night before, that he and Boyd could take care of it—my husband gave me a sovereign out of his own band—I did not complain to the woman that I saw at Simpkins', that my husband would give me but one sovereign—I have never seen Turner since, till I saw him since the trial—he claims his pay; he has not received it yet, for I could not get it—it is not Turner who has instigated me to this—I have not said that I never would have given Simpkins into custody, unless Turner had insisted on my doing so—Bond told the policeman that he had my husband's authority to take this money for him—when Bond took the money up, he had a little bit of paper, with two French words on it—I had not constantly complained of my husband's violence—I had two keepers—Turner sent for Boyd, who lives in Simpkins' house on the day my husband was boisterous, and would have thrown Turner out of window, then I called for assistance—I do not knot what took place in the room before I got in—I believe I was in three public houses on the day this transaction took place—I did not drink anything—I am not in the habit of drinking.
Bond. Q. You say the first time you saw me was on the Thursday morning in the public-house, did I not have a long conversation with you husband before that, about the Mediterranean, and where he came from, and where I had been; and did you not on that morning say you were indebted to Simpkins 3l. 6s.? A. No; how could I say that, when my husband saw me get the two sovereigns to pay him, Mr. Simpkins took me into a public-house where you were that night—I borrowed 1s. of Simpkins—the day you were in the room you said you came from Bethlehem Hospital with an order to take my husband's money, I am sure of that—Turner was with me in the room—I did not see my husband put the money into your hand and take a paper for it—you came with an order for it—I did not see him give you instructions what to do with the money—it was not put on the table with my consent—my husband did not leave the place arm-in-arm with you—you paid the rent in two parcels, 1l. and 1l. 2s.—I did not consent to your taking the 10l.-note. or the sovereigns—I signed an order to Simpkins to pay 3l. 6s. to Turner, because I could not pay it—I do not know that my husband said that Turner was not to be paid—I was in a public-house when Boyd was paid—you did not say that the note must be changed.
MR. BODKIN. Q. When were you in the public-houses? A. After the money was taken—I was in search of the persons who had taken it—I did not drink at those houses.
MANOEL DE SA PIMENTEL . I remember coming home in Feb.—I had tome money in the funds—I came out on Thursday, and received the dividend on the Tuesday following—I got two warrants; I changed one at the Bank, and received a 10l.-note, and the rest in sovereigns and silver—I did not change the other warrant, I brought it home—I got home about two or three o'clock—Turner had been with me all the time—after that, there was another man came in to help Turner; I do not know his name—I remember the day on which I went back to the asylum; that was two days afterwards, on the Friday—on the morning of that day five men came and rushed into the room; the prisoners were two of them, they had a straight-waistcoat in their hands—I said, "I will go quietly; there is nothing the matter with me"—my money was at that time in my pocket-book—I am not sure who took it out; I think I did—the reason was that Bond asked me for it—he said he was to have the money—that was at the time that they had the jacket—they were putting it on the bed, and they then asked me for my money—on that I gave the money up—Bond had a sheet of paper in his hand, and I said I wanted to take the number of the note—there was a pen and ink, and he said I might take it if I liked—when I had done it, Bond took up the paper that the number was on, and took it away with them—Bond took from me the warrant for 22l. 16s. 4d., six sovereigns, and a 10l.-note—Simpkins was by his side, and he took a paper from me and read it, and gave it me back again—they took me to Bethlehem; I was there about two months—since then I have been in Marylebone workhouse.
Cross-examined. Q. Where has your wife been? A. She always concealed herself from me—I do not know where she has lived, nor anything about it—she had not been trying to get my money from me before she got me into an asylum—she supports herself by taking lodgers—she never tried to get my money from me—I was just the same that day as I was all my lifetime—while Bond was taking this, Simpkins was standing by his side—he remained by his side during the whole time—he was doing nothing-Turner was in the room—I have never seen Turner since—I do not know, that it was at Turner's instigation that this indictment was preferred—my
wife never told me anything about it—I did not tell the Magistrate tint Bond had my authority to take this money and keep it from my wife.
COURT. Q. How long have you been married? A. Since Oct., 1837—I took my wife abroad—she seemed very happy till last year, when she complained of her health, and said she would come to England, and she did things improper—I came with her to England, and I went back in a steamer—she kept writing to me to come to England, and at last I came—I went straight to her, but found her rather shy—she had got with some acquaintance—I am not living with her—she will not tell me where she lives—I did not give Bond authority to take any part of the 10l. or the sovereigns—they were taken from me against my will—I think had seen aim the day previous.
Bond. Q. Did you not tell me what to do with this money? A. No; you went to put the jacket on, and I said, "I will go quietly," and Simpkins said, "He will go quietly"—it was not you that took away the paper—I did not tell you you were not to pay Turner, nor to give the money to my wife—you robbed me of my money—I had a paper in my hand from the Portuguese Consul.
WILLIAM KEMPSTER . I am a clerk in the Bank of England. In Feb. I paid a half-year's warrant with a 10l. note, No. 42031, dated the 10th of Jan., 1849—this is the note, and I gave 12l. 16s. 4d. in cash—the warrant was 1909—it goes to another office, and is then sent to Government—I believe they go to Somerset-house—here is another dividend-warrant, which has not been paid—the one I did pay corresponded with this.
WILLIAM STANLEY . I keep the Marlborough Arms. I received this note from my wife—she gave Bond 5l. on it, and J paid him the balance in ten days or a fortnight afterwards—I think the balance was 4l. 10s.—he owed me a small bill—he gave me credit for the 5l. that he had received of my wife.
MARY STANLEY . I am the wife of William Stanley. I received this 10l-note from Bond—I gave it to my husband—I gave Bond five sovereigns—he said he was going to make a purchase, and he would take 5l. at that time, and have the remainder in a day or two.
Cross-examined. Q. Did he not ask you to keep the note, and say that he wanted to get that note back, and he would return the 5l.? A. He said if he did not make the purchase he would bring me 5l., and take the note back.
MR. BODKIN. Q. Was Simpkins with him? A. There was somebody with him; I believe it to be him.
ROBERT BROWN . I live in Lombard-street, Chelsea. I know the prisoners—in March last they were negociating with me for some houses at Battersea—I required a deposit—I saw the two prisoners together on the subject of the deposit—I said I should require a deposit of 5l.—they said they would bring it the next day—on 7th March, in the afternoon, they both came and brought me four sovereigns—I spoke to both of them, and asked them why they did not complete the purchase—I took my ground landlord to them, and he approved of them—they kept putting it off—they had not got the money—I told Bond I did not want to keep the deposit-money—he said that money did not belong to Simpkins, and there would be a rote about it—they never did complete the purchase—the purchase was 50l.
Bond. Q. Have you got the agreement with you? A. Yes; you made
out the agreement—I agreed to pay you a few shillings for your trouble when it was complete—you were the agent when you came to me.
Cross-examined. Q. You have known Simpkins for seven yean? A. Yes; seven or eight years, and have had dealings with him—I never beard hat that he was a fair upright man—I have known him going backwards and forwards past my shop, and buying some things.
Bond. Q. When Mr. Howie came to you, did not Simpkins offer to pay him 30l. down if the money were reduced? A. It was stated that they were prepared to pay him down 30l., and a quarter's rent in advance, but that would not do for me—I wanted my 50l.
JAMES WEBSTER JONES (policeman, B 59). I took Simpkins on 19th May. I told him the charge—he went with me, after some argument about showing me a lawyer's letter, and making some objection—I took him to the station, and went back and searched his room—there was a box there which I a female opened, and I got out of it this marriage certificate—that was in the room in which I took Simpkins into custody.
Cross-examined. Q. Did you know that it was Simpkins's room? A. I inquired of the female.
CHARLES CHINN (policeman, A 255). I took Bond into custody on 19th May, in Oriel-place, College-street, Chelsea. I told him I wanted him for being concerned with Simpkins in stealing a 10l. note, six sovereigns, and a check for 22l. 16s. 4d., the moneys of Mr. Pimentel—he at first objected to go, and wished to know who was going to charge him—I said Mrs. Pimentel—he then said he would not go unless I put it in writing—I told him I would give him my name and number in writing, but I objected to give the charge—I called in another officer, and we took him away—on the way to the station he said he knew what it was, that Turner was the instigation of his being taken, and that Turner had not got his money that was due to him; that he might have received the money due to him on the night when he had the whole of the money; that he had got the check in his possession now, and Simpkins had received the remainder of the money—I know the house where Mrs. Pimentel lived—it is in the parish of St. Luke's, Chelsea—this is the dividend-warrant which Bond's wile found at his house in my presence—I told Bond previous to my going that I was going to search his house, and he said I should find it in a box.
Bond's Defence. On the Wednesday morning in Feb., I was going through the street, and was called by Simpkins; I was introduced to the parlour, and had conversation with Mr. Pimentel as to where he had been, and where I had been; on the Friday morning, when we went into the room it was Turner who had the straight waistcoat—Mr. Pimentel picked me out, and said, "I will place my money in his hand;" he gave me six sovereigns, and he took a pen and ink at my request, and took an account of it; I received the money, and this dividend-warrant in trust; I said, "What is to be done, am I to pay Mr. Simpkins?"—he said, "Yes"—"Am I to pay the expenses of to-day?"—he said, "Yes;"—"Am I to pay the rent?"—he said, "Yea;" Mrs. Pimentel was then in the room; I took a piece of paper, and wrote what was to be done; I asked him if Turner was to be paid; he said distinctly, "No;" I asked if I was to give the residue of the money to his wife, and he told me I was to keep it till he returned from Bethlehem; he
shook my band in the street, and I said to Simpkins, "You had better give me money to pay those men," and he did; I paid what was due for the rent, and Mrs. Pimentel lived there to the full extent of the time; she could hare found me any time; I do not live fur from the place; we went that night to a public-house, and it was with her consent that I paid Boyd; there was in altercation about Turner's demand of 3l. 16s., and I said I could not pay it; I was employed by Simpkins; I declare the note was never in my possession; I did not contract any debt on it; I saw Simpkins afterwards, and said, "I had been applied to by Stanley for the money;" it was arranged that I should have the remainder of the money, and when Mr. Pimentel came out I was to give up the dividend-warrant. (The prisoners received good characters.)
SIMPKINS— GUILTY . Aged 38.
BOND— GUILTY . Aged 47.
Confined six Months.
MR. BALLANTINE conducted the Prosecution.
JOSEPH BOWTELL . I am in the employ of Messrs. Strutt and Co., of Wood-street. They send goods in the country by the Eastern Counties Railway—I paid the prisoner Little for the cartage of them—on 14th Feb. I paid him 1s.; on 10th April, 10d.; and on 14th April, 2s. 6d.
Cross-examined by MR. ROBINSON. Q. Do you recollect seeing Little? A. Yes; here is his writing in the book on each of these occasions—we send a good many packages by him—I make a separate entry of each of these packages—I make a note for him.
WILLIAM SIER . I am in the service of the Eastern Counties Railway, it the goods station in Brick-lane—Little was a collecting carman in the City—it was his duty to go to houses and to receive goods, and payment for the cartage of them—he was to get it entered by Muncey, who was my junior clerk, and to give the notes to Muncey to make the entry from—Muncey's duty was to make up the sheet which would represent the whole amount accounted for by Little, and then Little would pay the money to the cashier—in Strutt's account of 14th Feb., here is 8d. entered in Muncey's writing—on 10th April, 7d.; and on the 14th of April, 2s.—I have here the memorandum of Little's of those dates—the sums received appear to be on 14th Feb. 1s.; on 10th April, 10d.; and on 14th April, 2s. 6d.
ROBERT FARR . I am cashier to the Eastern Counties Railway Company. It was Little's duty to pay to me the cartage he received—I have no check on him—I rely on Muncey's entry in the book—on 14th Feb. Little paid me 8d. from Messrs. Strutt's; on 10th April, 7d.; and on 14th April, 2s.—my initials are to these different payments.
Cross-examined. Q. This book is brought to you? A. Yes; by Little—I add up the entries according to Muncey's entry, and ask Little for the gross amount, and what that is he pays me—I am not hurried—there ire about twenty different houses called on in a day, and five or six entries from each house perhaps—he has never paid me more than there are my initials to—I never had money to pay back to him to my recollection—he might have paid me money afterwards if he had paid me short, and I had made a mistake—I never recollect his paying me any—it is always my duty to receive the money, unless I get a day's absence—Little always brings me the money—I do not believe that his boy ever settled with me—this is Muncey's book—it is made by memorandums brought to him by Little from the City houses—the book is added up by me, and the amount is paid to me by Little.
JOSEPH SHACKLE . I am now in the employ of the Eastern Counties Railway Company—I took Little on a charge of embezzling money belonging to the Railway Company—he did not say anything—Muncey was brought to me by another officer—his deposition was taken in writing before the Magistrate—this is the Magistrate's writing to this deposition—(read—" The prisoner Muncey says, I would not have done this had it not been for Little the carman; he instigated me to do it. He used to bring the notes to me, and point out various sums, where he said he had charged so much, and he asked me to put down less than his notes. He sometimes gave me sixpence.")
(Little received a good character.)
LITTLE— GUILTY . Aged 30.— Confined One Year.
MUNCEY— GUILTY . Aged 17.— Confined Six Months.
(It was stated that there were 260 cases in which Little had altered the amounts.)
SARAH ANTHONY . I am single. On 7th May, between four and five o'clock in the evening, I was in St. Giles's burial-ground—a portion of St. Pancras' workhouse looks into the burial-ground—I saw Frost at the workhouse window—he whistled, which attracted Ward's attention, and she came up—Frost got out of the window on the leads, and I saw him with a pair of boots in his hand—he threw them into the burial-ground, and Ward took them up—some conversation passed between them—I did not hear what it was—they conversed about ten minutes—I left the ground in Ward's company—I saw her take the boots away—she said she was going to take them home—I did not see Frost afterwards.
GEORGE JOHN FARRANT . I am master of the stone-yard at St. Pancras' workhouse. I know these boots, they are the property of the directors of the poor of that pariah—on 7th May, Frost was an inmate there—Ward bad been in the house, but she was then sleeping in the casual ward—I afterwards took her at No. 10, Phillips'-buildings—I told her she was charged with receiving a pair of boots of Frost—her mother gave me the duplicate of them.
Frost. Q. Did I not say that the boots were given to me? A. You did say so afterwards, but not then.
Frost's Defence. On 24th April I was admitted into the infirmary for an affection of the lungs, which I have been suffering from yearly, and which incapacitates me for labour; I applied to Mr. Eaton for a pair of shoes; I received these now produced from Mr. Dalton; on the Wednesday following Ward called to see me, and was refused admittance; I saw her at the window, and she was telling me of her distress; I gave her the shoes, telling her they were mine, and as such I deemed them, having had another pair given me which I could wear; if I have done wrong I am sorry for it.
Frost. I applied to Mr. Eaton for them; his attention was called away by the baker, and a gentleman said, "Frost wants a pair of boots," and you took these and gave them to me.
MR. EATON. I gave him a mended pair of boots a week before this—I never gave him these, nor ordered them.
FROST— GUILTY . Aged 30.— Confined One Year.
WARD— GUILTY . Aged 25.— Confined Three Months.
THIRD COURT.—Saturday, June 16th, 1849.
PRESENT—Sir WILLIAM MAGNAY, Bart., Aid.; Mr. Ald. LAWRENCE;and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY .— Confined Six Months.
GUILTY . Aged 17.— Confined Twelve Months.
GUILTY . Aged 16.— Confined Four Months.
MR. COCKLE conducted the Prosecution.
RICHARD SCRAFTON SHARPE . I live at 56, Fenchurch-street, in the parish of All Hallows Staining. On 7th Mary I came home at a quarter to twelve, and went to bed—my wife was up—after I had been asleep twenty or thirty minutes, I was awoke by her coming into the room and saying something—I heard the kitchen window go up, which is upon the first floor—I opened the window, and called, "Police!"—they came up, and went into the kitchen—I heard a scuffle, and the policeman came out again, saying, "The fellow has bundled himself out of window"—I saw the window open, and a man's hat in the room.
Cross-examined by MR. BALLANTINE. Q. When did you see the window shut? A. Five or seven minutes before twelve, just prior to going to bed—I have two female servants, they were not up—I did not shut the windows, or feel to see that they were shut.
WILLIAM MARCHANT (City police-inspector). On the morning of 8th May, in consequence of information, at about a quarter to one, I went to Mr. Sharpens, and, on entering, heard the window thrown up—I ran to the window, and saw something gc out, I cannot say what—I found this bat (produced) in the room—a few minutes afterwards the prisoner was brought to the station—he was searched, and, on leaving the bar, asked faintly for his hat—he then turned it off, and said, "Give me my handkerchief"—he could scarcely stand or speak—he was searched, and a knife, comb, and pencil found on him—next morning I took the knife, which has a broken point, and compared it with some marks on the kitchen door at Mr. Sharpe's—I
have no doubt they were done with this knife—it appeared to have been recently broken.
Cross-examined. Q. Did you fit the point into the marks? A. It was a scrape, as if they had been scraping the bolt back—I did not find the point—there were no marks which corresponded with the knife.
CHARLES BUSH . I am a superintendent of the coalwhippers, of Lower Thames-street. I was returning home, and saw the prisoner come from Mr. Sharpe's kitchen window, between twelve and one o'clock, come down the spout with the agility of a cat, and fall on his hands and feet—he had no hat—he got up, ran away, and I pursued him with a constable down Mark-lane, up Hart-street, Crutched-friars, and Colchester-street, to Tower-hill.
RICHARD GLBSON (City policeman, 520). On 7th May, between twelve and one o'clock at night, I was at the end of Fenchurch-street, and heard a cry of "Police!"—I went, and saw Mr. Sharpe looking out of window—. went into the house, and was close behind Marchant when he opened the door, and heard the window go up—I went down stairs, saw a man without. a hat, and followed him down Hart-street—I lost Him in Cooper's-row, where Button took the chace from me—the prisoner is the man.
FREDERICK KEYSER (policeman, H 118). About one o'clock that morning, I was in the Postern-row, Tower-hill, and saw the prisoner run by within ten yards of me without a hat—I saw some people and the City police coming up Cooper's-row—I followed the prisoner up the Minories, and never lost sight of him till I caught him—I asked him where his hat was—he said he had lost it, and lost himself.
CHARLES BUTTON (City-policeman, 569). On 7th May I was on duty, and saw the prisoner running in Cooper's-row about ten minutes to one o'clock, and when he got past me 200 or 300 yards I followed him, hearing my brother officer call, "Stop him!"—I saw him stopped.
ELIZABETH SHARPE . I was sitting up for my son in the dining-room on the first floor, and about half-past twelve o'clock I heard the kitchen window open, and a person enter and shut the window down—I told my husband—the communion-plate, of which we have had the care for some years, was in the house that night—my husband is a grocer.
GUILTY . Aged 20.— Transported for Ten Years.
RUTH FLOWER . I am the wife of Edward Clare Flower. A female named Peck took some ready-furnished lodgings of me—the prisoner came at times to see her—I missed a bedstead, table, two sheets, three spoons, and other articles—I found the bedstead and table at Mr. Gregory's—I never saw the other things again.
(No evidence was offered.) NOT GUILTY .
MR. CAARTEEN conducted the Prosecution.
HARRIET WILSON . I am the wife of James Wilson, and live with him on the first floor, at 1, George-yard, White Friar-street. The prisoner Clark lived on the second floor, immediately over ours—on 19th May, about half. past seven o'clock in the evening, I met Lidsey going up stairs—Clark came down her own stairs to our landing with a knife in her hand, and seized a pump-handle which was on the landing, and said she would break my husband's b head with it, would rip his guts open, and his bunting wh—of a wife—my husband came out, and asked her for the pump-handle, as it was his—she threw it into the room, and went up-stairs—in two or three minutes she came down again—Lidsey followed her, jumped off two stairs on to the landing, seized my husband by the hair, dragged him into the corner of the landing, and beat him about the head, face, and body—I seized the sleeve of his shirt and said, "Pray don't hurt my husband so"—he took his am away, and a piece of his shirt came away—the prisoner hit me a blow with his arm—my husband got away from him, and went into his own room—Lidsey followed, and threw him on a chair—the chair broke in pieces, and they both fell together—the prisoner Lidsey kept beating him while he was down—I ran down and screamed for assistance—when I came back my husband said, "I am cut, I am stabbed," and his face was all over blood—the prisoners ran up stairs—my husband's face was washed—I saw the wounds—he was pot to bed—a surgeon saw him next day.
Cross-examined by MR. PAYNE. Q. Had there been no quarrel between your husband and Clark? A. No; he did say to Clark, while the conversation was going on, "I was not talking about you"—my husband and Clark quarrelled before Lidsey came into the house—she ran down stairs, and said he was abusing her mother, and he said he was abusing his own mother—Lidsey ran up stairs, and left my husband when she heard the policeman coming up—my husband had not got such firm bold of him that it required two men to drag him away—Lidsey did not say, when he was released, "Thank God, I have got away!"—the policeman refused to take the charge—another one was called in next day, and he took it—my husband was not fined 10s. for abuse; it was me; it was about Mrs. Allen: I did not pay a halfpenny—when Lidsey found my husband was hurt more than he deserved, he offered to give him some money—the case was adjourned for a day or two, to see if compensation could be made—a man named Hands came and offered 2l.—my husband said he did not wish to hurt the man, he only wished to bind him over to keep the peace, and he would take 3l.—he agreed before Alderman Moon to do so.
MR. CAARTEEN. Q. What was this about? A. His mother died, and his sister wanted to get the goods—the first abuse about the pump-handle was before Lidsey was in the house—he came soon after, and went into Clark's room.
JAMES WILSON . On Saturday night, 19th May, I had some talk with my wife about my sister and mother—I used strong language in reference to my mother, through aggravation with my wife—I said nothing about Clark—I saw Clark on the landing that evening—she took up a pump-handle belonging to me, and was going to split my head open with it—she then threw it into my room, and went up stairs—I went into my own room—Lidsey went up stairs—in two minutes or two minutes and a half they both came down together, when me and my wife were on the landing—Lidsey seized me by
the head, and pushed me about most cowardly—I got into my own room—he seized me by the head, pushed me over a chair, and broke one of my rlbs. and beat me about the head and body—the chair broke, and we fell, and he kept beating me, while Clark brandished a knife about, and I expected to be stabbed every minute, and, at last, in shoving the knife in my face, it was cut—I do not think she intended to do me any serious injury—I received two cuts on my forehead—I was taken away, and went to bed—a surgeon saw me next day—on 23d I went to the hospital, but there was no bed to spare then, I went in on 25th, and remained there a week.
Cross-examined. Q. Did not Clark, before the man came, act as if she believed you had been speaking about her mother? A. Yes—I do not really believe she intended to stab me.
CLARK— NOT GUILTY .
LIDSEY— GUILTY of an Assault. Aged 30.— Fined 3 l ., and to enter into recognizances to keep the peace.
MR. MELLOR conducted the Prosecution.
MARY LUDLOW . I am servant to Mr. Nathaniel Tan, of the George and Guy public-house, Spitalfields. On 5th May, about a quarter before seven o'clock in the morning, the prisoners came to the bar—there was no one elm op—one of them, I think Crammond, called for a pint of beer, I had teen him before—I have no doubt about either of them—they then asked for half a pint of gin and peppermint—I turned round to get the peppermint, and when I turned back, Watson was leaning over the counter, with his hand on the till, which was partly open—it was shut before—he must have pulled it out—it is under the counter on the opposite side to where they were—I asked him what he was doing there—he made me no answer—Crammond was standing just behind him, and must have seen where Watson's hand was—I then took 6s., which was all the silver in the till, from it, and put it on a desk in the bar-parlour, where there was 10s. before—the parlour is a little way behind the bar, which is a place of itself—I came into the bar again, and Watson jumped over the bar, went into the parlour, took the 16s. off the desk, and put it into his pocket—Crammond was holding the street-door at the time, which is three or four yards from the counter, with his face to the street, to prevent any one coming in—Watson came out at the bar gate—I called to my master two or three times—they laughed at me, and went down Fashion-street—I saw Watson at the station on the Monday week after, and recognised him at once; he was alone—Crammond was taken into custody that same night—Watson had a cap on, and he had a cap when he was in cuatody.
Cross-examined by MR. PAYNE. Q. Was there anybody there before them? A. Yes, five or six—the house has two doors, but only one was open—my master came down directly they were gone, before any one else came in—I had not seen Watson before, but I saw him in front of the bar half an hour—I am certain of him, by his face—I gave Gifford a description of his dress, and told him he was very much pitted with the smallpox, and squinted, and he knew him—on the Sunday before they were taken I saw them go together into the public-house opposite—my master was not at home—we sent for a policeman, he went in, and they were then gone.
THOMAS KELLY (policeman, H 2). I received a description of the prisoners from Ludlow on 5th May, and took Watson on the 14th, in a low Edging-house in Dean-street—on the way to the police-court he said he had
given me a long run on the Sunday before—I had run after him on the Sunday down several streets, and he got into the same house where I afterward took him—he said, "You have stopped my running a long time past."
WATSON— GUILTY . Aged 20.
CRAMMOND— GUILTY Aged 27.
Confined Twelve months.
MR. E. PLATT conducted the Prosecution.
REBECCA HOLTON . I am the wife of James Holton, butcher, of 147, Royal Mint-street. The prisoner has been in the habit of coming to my houseful some months to visit a lodger named Flaherty—in consequence of information, on 23d May I went to a store-room at the top of the house, where there I was wearing-apparel of mine, and beds and pillows of my sister's, safe about I four months before—they were all gone, and the trap-door in the ceiling had I been broken through, and the lock of the adjoining room-door broken—this I bed and two pillows (produced) are mine, and part of the missing property—I had not been to the room for four months; I only looked that the lock was safe—the room was kept locked, and I kept the key—the next room was empty, and a door between the two had been broken open.
JAMES SHARP . I am a chair-maker, of 10, Joiner-street, Westminster-road. Six or seven weeks ago I worked for James Morris, a broker, in Royal I Mint-street—while there, Mr. Morris bought a bed of the prisoner, and said I he would buy some more—the prisoner brought this bed the same evening, and Morriss bought it for 2s.
Prisoner. Q. Did you not fetch it yourself from the prosecutor's room about three the same day? A. No; you did not pay me 6d. for fetching it.
Prisoner's Defence Flaherty told me to ask Mr. Morris to buy the bed; she said it was Mr. Holton's, and she was in the habit of selling things for him; the house is a gay house, and is open all night. £ NOT GUILTY .
(Mr. PLATT offered no evidence)
NOT GUILTY .
GUILTY . Aged 26.— Confined Eighteen Months.
MESSRS. PAYNE and METCALFE conducted the Prosecution
opposite to which the prisoner lives—the prisoner's wife came up with two children and sent one of them in to her husband—he gave it a piece of bread—the woman threw it at the window, saying, "You lumper, you are starving other people's children, and will not feed your own"—the prisoner ran out with a knife—she ran into my mother's—he followed, and when I got in, Mrs. Collins was down upon a child she had in her arms—I brought it into the street, gave it to some one, went in again, and she was bleeding from the forehead—I saw him afterwards make an attempt at her—the knife fell out of his hand, his wife picked it up; this is it (produced)—he was having his dinner when she came—it was his dinner knife.
DANIEL Ross. I am a surgeon, of High-street, Shadwell. I saw the woman the same day, and found an incised wound on the forehead about an inch and a half long, laying bare the bone—it was not a dangerous wound, but might have proved so—there was also an incised wound on the fore-finger of the left hand—this knife would produce such wounds.
GUILTY of an Assault. Aged 35.— Confined Two Months.
NOT GUILTY .
FLETCHER pleaded GUILTY. Aged 30.—Recommended to mercy by the Prosecutor. — Confined Four Months.
MR. PAYNE conducted the Prosecution.
SADLER SMITH . I am a carman, of Holywell-row; Fletcher was in my service. In consequence of missing hay and clover, on 20th of May, I went into Wimpress's stable in my yard, which he rents of me, and found a truss of hay and a truss of clover belonging to me—next morning, Monday, I went again, and asked him where he got it—he said it was his, and that he bought it—I said it belonged to me, and I could swear to it—he said, "If it belongs to you you must have put it there"—he afterwards said he bought it if a man in Tottenham Court-road, and he would go up with me in two hours' time—I said I would go up, and if he could satisfy me I would be satisfied—he said he could not go for two hours (there was plenty of time for him to go there in the two hours)—I went with him in about two hours to a person named Coust, and asked if he knew the prisoner—he said, "Yes"—I said, "Are you in the habit of selling him hay and clover, because I have been robbed?"—he said he had sold or lent him a truss of hay and a truss of clover on Saturday—I said it was not his clover, I could swear it belonged to me—I afterwards went again to Wimpress' stable I could not find the two trusses, but found hay and clover resembling mine mixed with some rubbish and hay-bands—I had given Fletcher into custody in the mean time—Wimpress keeps a horse.
Cross-examined by MR. METCALFE. Q. Fletcher lives close to you? A. Yes; Tottenham Court-road is two and a half or three miles from there—it is peculiar hay—I bought half a stack about six months ago, and had it cut up—I have clover now like what I found.
CHARLES COUST . I am a furniture-dealer of Tottenham Court-road. About ten o'clock on Monday, 21st of May, Wimpress came and asked me to do him a favour—I asked what it was—he said he wanted me to say to a party named Smith, who was coming up, that I had sold him a truss of hay and a truss of clover—I asked what his object was, and he said he had bought
a truss of hay and clover of Mr. Smith's servant, and he was a little bit bothered—I said what good would it be if the party could swear to the property—he said, "Your word would be quite sufficient to settle the matter"—Mr. Smith afterwards came and asked me if I knew a person named Winpress—I said, "Yes, I had done business with him"—Wimpress was not present; he was outside—I had, in fact, sold him no hay or clover—Mr. Smith went round to my stable to compare the hay, and when we came back Wimpress was at the door, and I said to him, "You had better now confess"—I began to reflect I had done wrong in doing him a favour by telling a lie—Mr. Smith bad said that if he said something he would not prosecute him, Mr. Smith went away, and I told him he was liable to be transported for seven years, and he promised to go down directly and confess that he had bought it—I said it to get him out of trouble, and I did not know the nature of the offence.
Cross-examined. Q. You undertook, in the first instance, to tell a lie? A. Yes; I thought it was wrong when I saw it was a serious case—I did it merely to oblige him—I would tell a lie to oblige any respectable man if he acted innocently—I would not tell a lie to the Jury on my oath—I very often tell lies in business—I thought I was getting into a scrape, and wanted to get out of it—I knew I should be summoned before a Magistrate, and then I should be on my oath—I deal in all sorts of furniture; I know where it comes from—I am not a broker, but an upholsterer—I do take second-hand furniture in exchange—I have been an upholsterer seven years—before that I was a clerk in the Bank of England for five years—I left 1800l. in my pocket-book while I went to dinner; a clerk found it while I was gone, and 1 was ordered to resign.
Cross-examined. Q. You find no whole truss? A. No, he is an upholsterer; hay of that sort is used in stuffing chairs.
(Wimpress received an excellent character.) WIMPRESS—
GUILTY.Aged 37.—Strongly Recommended to mercy. —
Confined Four Months.
OLD COURT.—Monday, June 18th, 1849.
PRESENT—MR. RECORDER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Second Jury.
1338. EMILE LAURENT and JAMES ELLIS were indicted for unlawfully keeping and maintaining a disorderly house: to which they pleaded GUILTY , and entered into their own recognizances in 100l. each, to appear and receive judgment when called upon.
NOT GUILTY .
NEW COURT.—Monday, June 18th, 1849.
PRESENT—Mr. Ald. SIDNEY, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq, and the Fifth Jury.
MR. ROBINSON conducted the Prosecution.
JAMES WILLIAM GUY . I live at 57, Theobald's-road, in the parish of St. George-the-Martyr—it is my dwelling-house—I am a general salesman. On 18th May I was in my shop, about seven o'clock in the evening—I heard glass breaking, and saw the prisoner and another outside—I have not the least doubt that the prisoner is the man—I saw him for a minute or two—I went round to the shop-door, and saw him pass something to the other man—a piece of glass had been cut out of the window, about six inches long, large enough to admit a hand; the jewellery had been disturbed, and a card containing seven or eight wedding rings was gone; it was worth about 2l.—I saw the prisoner cutting the glass with a diamond previous to my going round to the door—they walked contrary ways—I seized the prisoner—he broke away from me and ran—I did not see him again till after ha was apprehended.
Cross-examined by MR. PARRY. Q. Was it light? A. As light as it it now—I got in to the window, and saw the prisoner cutting the glass—my shopman was in the shop, and a traveller who I was talking to—my legitimate trade is clothes—the jewellery is parted off from them—I bad never seen the prisoner before.
JAMES PONFIELD (policeman, E 119). On 18th May I was in Lamb's Conduit-street, about seven o'clock in the evening—I heard a cry of "Stop thief!" and saw the prisoner running at the top of his speed, towards Red Lion-square, in a direction from Mr. Guy's—he ran down Eagle-street, went into No. 66, and got over a wall—I went through the next house, and found him crouched down under the stairs—I took him—he said, "O God! what shall I do?"—I was about fifty yards from him when I first saw him—I do not think he could see me then he saw me before he got to Eagle-street. GUILTY .† Aged 31.— Transported for Seven Years.
1341. TIMOTHY M'GRATH and BRIDGET M'GRATH , feloniously Cutting and wounding Robert Westfield upon his head, with intent to resist the lawful apprehension of a man unknown—2d COUNT, to do him some grievous bodily harm
MR. CLERK conducted the Prosecution.
JOHN PEDLEY (policeman, K 55). I was on duty in Poplar on 7th May, about twelve o'clock in the morning, I saw a disturbance, and took a man into custody, who I saw knock down another man in the road—a man who was with the prisoner came and told me I must not take him, and struck me on the left breast, and knocked me down—I and the man I had in custody went down together—I got up and pulled the man up—the man who was with him caught hold of my collar—Westfield came up, and I gave that man into his custody.
Cross-examined by MR. BALLANTINE. Q. You saw one man knock another down, are either of those men here? A. No; I do not know their names—I could find the man who was knocked down, but he had nothing to
come here for—I am twenty-three years old—I have been a policeman two years—I do not know that there has been a report made of this matter to the Commissioners—I know nothing of Timothy M'Grath—I felt the blow the next morning—Sophia-street is three or four hundred yards from where I was knocked down—I am not aware that the man who was knocked down was in Sophia-street.
ROBERT WESTFIELD (policeman, K 329). I was on duty in the West India-road on Monday morning, 7th May, and saw Pedley—he had hold of a man, and the prisoner's friend had hold of the officer's collar—he said to me, "Westfield, take that man down to the station"—I took him as far as the Sailors' Home, on the way to the station—when we got there, he, put his leg between mine, threw me down, and kicked me on the side of the head—I pulled out my rattle, and he ran down to Sophia-street—I ran and caught him just as he was going into the door of No. 18—I laid hold of the back of his collar, and drew him into the road—Bridget M'Grath came out of No. 18 with a night-dress on, with a dark handkerchief over her head, and with a piece of iron, which she had in her righthand, she bit me on the bead—I believe this is it (produced)—I fell to the ground—the man I had in custody was on the top of me—I was assisted up, went into the passage, and identified Bridget M'Grath, who was standing in the passage, in the same dress, with spots of blood on the front of her shift—my head was bleeding down the left side, and down my face—I was examined by a surgeon.
Cross-examined. Q. Had you more than one blow? A. No—the man I had, made his escape—I took my staff out, but not till after I had been struck—I struck him with it—I broke the staff—I cannot say whether I broke it on his head or on the ground—this is it—the man was on the top of me—I might strike the ground by striking the staff across the man—he had a hat on.
MR. CLERK. Q. When did you take your staff out? A. After I was struck—he was then on the top of me, kicking me—I struck at the lower part of his body, not at his head.
JAMES HENRY ANDREWS (policeman, K 104). On the morning of 7th May I was on duty in Sophia-street, I heard a rattle spring, and saw a man running, and Westfield after him—I tried to stop him—he ran to the door of 18, Sophia-street, got hold of the knocker, and kicked and sung out—Weit-field got hold of him by the collar, and struck him with the staff—we could not get him away from the knocker—Westfield got him into the road, and Bridget came out with a poker or a piece of iron in her right hand, struck him on the head, and then put it in her left hand, and ran into the house—I took hold of the roan that Westfield had hold of—Timothy M'Grath was there, and several others—I tried to keep my grasp of the man, but he escaped—Mr. Luff, who keeps the public-house, sprung his rattle all the time.
Cross-examined. Q. Did you strike anybody with your staff? A. I struck the man who got away, two or three times at the door, because he got hold of my legs—I do not suppose I broke his arm, I do not think I hit him hard enough for that—Westfield was obliged to hit him a blow to get him away from the door—I do not know whether that was the blow that broke the staff—he hit him two or three times—I cannot say whether he struck him over the head; be might have done so—I afterwards saw the staff was broken—when the woman struck Westfield he fell down—I cannot tell whether he struck any blow after the blow on the head—there was such t mob of them out, it was impossible to tell—I think there were five or six policemen—I swear Timothy M'Grath had hold of me—this is the shirt he had on (produced).
HENRY WOOD (police-sergeant, K 23). I was in Sophia-street about half-past one o'clock that morning, I saw Westfield in front of No. 18, bleeding very much—he said a woman had struck him—I went into the house, and saw Bridget M'Grath standing in the passage, with her shift on, and a handkerchief round her head—she had a drop of blood on the front of her shift.
DONALD ROBERTSON . I am a surgeon, of High-street, Poplar. Between one and two o'clock in the morning, of 7th May, I went to the station, and saw Westfield—he bad a wound on the right side of his head, two inches long, penetrating to the bone—it was a contused wound, and dangerous—it might have been followed by erysipelas—it was done with considerable I violence—a blow from this instrument might have caused it—he was under my treatment for a fortnight.
Cross-examined. Q. Was it not about one-eighth of an inch deep? A. Yes—if the skin is separated at all on the head, it is down to the bone—the blow might have been given by any other blunt instrument.
MR. BALLANTINE called ELLEN M'GRATH. I live at 18, Sophia-street, Poplar. On the night of 7th May I was in the front room asleep—I had my shift and petticoat on—I cannot tell whether I had a night-cap or handkerchief on my head—I heard a rebellion outside—I heard a man cry "Murder!" three times—I jumped out of bed, came to the front window, and looked out—two policemen had my brother, Stephen M'Grath—they were both beating him—Stephen lives in that house—I went out, and saw Westfield break his staff by striking Stephen M'Grath on the top of the head—I have a part of the staff here (taking it from her pocket)—I took this part up, and struck the policeman on the head with it—I have kept this part ever since—Bridget M'Grath did not come out of the house; I met her coming down stairs—Stephen M'Grath got into the house covered with blood—Bridget M'Grath was coming down stairs as he went up, and passed him, and with that she was taken.
Cross-examined by MR. CLERK. Q. Are you married? A. No—Stephen and Timothy are my brothers—Bridget is Timothy's wife, they occupy the back room on the second floor, I was in the front room—when I came out, Stephen was between the two policemen, who were beating him—he was stooping down—the staff was not broken till I got out—I called out, "Policemen, don't kill the man!" and Westfield struck him with the staff, and broke it—I followed the staff two or three yards, and got the piece, and struck him over the head—I saw the blow struck, and the staff broken—I had my shift on, and my white flannel petticoat.
JOHN M'CARTHY . I am single, and live at 18, Sophia-street—I heard a row on the night of 7th May—the street-door was broken open—I did not get out of bed at all till the row was over—I got out of bed, and was dressing when Westfield and two more policemen came to my bed-room, and Westfield said I was the man that they were beating at the door—I was taken to the station, and got bail.
Cross-examined. Q. Were you not taken into custody for coming down to the door, and trying to rescue the man from the officers? A. No; they said that I was the man that they had in charge at the door, and with that I was taken—they never spoke of my trying to rescue the man from their custody—I heard all this row, and remained in my room all the time—another man slept in my room, he did not go down either—I was sworn to positively by Westfield as being the person they had followed and taken at the door.
ALLEN SPIERS. I lodged at 18, Sophia-street—I saw the difference between the police and Stephen M'Grath—I was undressing myself to go to bed at the time—I saw both the policemen beating Stephen M'Grath—I saw Ellen M'Grath come down stairs and take up, as I thought, the policeman's staff, but it was only part of it—she struck him on the head—I did not see Bridget M'Grath there—Ellen M'Grath wore a white night-cap on her head, she had not a handkerchief—I am sure she had a cap, and I am sure it was Ellen.
Cross-examined. Q. What room do you occupy? A. I sleep in the front parlour—I heard the policeman running, and heard a man crying "Murder!"—I went to the door—I was the first person that opened it—I saw Ellen M'Grath come down—I am sure it was her—I was once confined fourteen days for an assault, but not on a policeman.
HANNAH VINIS . I live at 18, Sophia-street. I was in bed, and heard a noise—it continued more and more, and I got up—Timothy M'Grath and his wife were in their own house—I saw all the persons that were there; I was as near to them as I am to you—I got to my door, and saw Stephen M'Grath—one had got hold of his jacket—he was singing out "Murder!"—Ellen M'Grath saw the staff broken over her brother's head, and stooped and picked it up two or three yards from were it flew from her brother, and hit the policeman on the back of the head, and said, "You take that!"—he fell with the blow—Bridget M'Grath was not down till after the blow was struck; the stood inside the door—if she had been outside I must have seen her.
NOT GUILTY .
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
CHARLES CROOKS . I am a tailor, and live in Portugal-street, Lincoln's-inn-fields, in the parish of St. Giles-in-the-Fields—it is my dwelling-house, and is about 100 yards from Francis-court. On 28th May, at half-past six o'clock in the morning, I was alarmed—I examined my shop, and missed t roll of cloth, three coats, a hat, and a pair of trowsers—some of them are here.
ELIZABETH CROOKS . I am the sister of Charles Crooks. On the night of 27th May I was the last person up—there is a grating outside the house, which I believe was safe—if anybody lifted that up, they could get down to the kitchen window, which was only shut down; from there a person could get to the shop by breaking open the lock of the shop door—the shop door was locked that night—the street door was fast, and had the bar up—I went to bed at twelve—all was then safe.
WILLIAM PRICE (policeman, F 140). On the morning of 28th May, at half-past four o'clock, I was on duty in Charles-street, which is half a quarter of a mile from Mr. Crooks'—I saw the prisoners—Neil had a bundle—I was going towards them—Taylor ran down Star-street, and escaped—I took Neil, and asked what she had got—she said she did not know—I found in the bundle this coat, and this roll of cloth covered with this apron—she said I young man gave her 6d. to carry it to Charles-street, Drury-lane.
WILLIAM WEST (police-sergeant, F 7), On 28th May I saw Neil at the I station—she said, "I am in a pretty mess"—I said, "Yes, I see you are"—she said, "I am put away foolish"—I said, "How is that?"—she said, "Jem has put me away"—I knew there was a Jem that she was acquainted with, and I went to Taylor's lodging about nine the same morning—there were two beds in the room—I asked Taylor which was his—he pointed across the room, and said, "That is my bed"—I went to it and found these two coats and pair of trowsers, and on the table this hat—I asked whose they Were—he said a young man left them there, that he did not know him, but he probably might know him if he saw him again—I examined the coat that he now has on, and found this chisel in the pocket of it—I examined the grating it Mr. Crooks'—it had been raining in the early part of the night—it had been raised up—by that means any one could get to the kitchen, and from there to the shop—two screws had been taken from the box of the lock of the I shop-door, and the shop had been entered—this chisel might have unscrewed them.
MR. CROOKS re-examined. These articles are all mine, and were safe the night before.
Taylor's Defence. I am innocent; there were two other men in the room.
TAYLOR— GUILTY .* Aged 17.— Transported for Ten Years
NEIL— GUILTY . Aged 21.— Confined Twelve Months.
THIRD COURT.—Monday, June 18th, 1849.
PRESENT—Mr. Ald. SIDNEY; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
THOMAS EGERTON . I produce a certificate of the prisoner's conviction—(read—Convicted April, 1849, and confined six months)—I was present—he is the man. GUILTY . Aged 31.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Prisoner. I got tipsy and never returned; when you came to me I was in bed, and told you I knew where 12s. of it was. Witness. you said a man took 12s. from you when you were dead drunk, but you did not know his name.
NOT GUILTY .
NOT GUILTY .
LUCY DAVIS . I am the wife of John Davis, of 11, Prospect-place, St. George's-in-the-East. On 21st May the prisoner came—I missed a shawl and pair of clogs five minutes after she left, which I had seen safe fire minutes before she came—no one else came in, but my child, three years old.
Prisoner. I did not name Mrs. Davis. Witness. You did.
Before Mr. Recorder,
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
SAMUEL BARFOOT . I am gardener to the Rev. Robert Liddell, vicar of Barking, in Essex—I have been twelve years in his service—there is a female cook in his establishment. I purchased two numbers of a publication called "Sam Sly," or "The Town," of the prisoner at his shop at Barking on 26th May—it is a shop that he opens once a week for the sale of old clothes—this publication was exhibited in his window—a woman, named Nash, had previously been taken into custody for selling these publications—I gave the two papers I purchased to my master—I have read the article in question—I believe it is intended to apply to my master.
DANIEL JAMES WATKINS . I am a watch and clock-maker, and am parishclerk of Barking. I have read the libel in question—I have no doubt that it applies to the Rev. Robert Liddell—this publication found its way to Barking before May last—there was something in it reflecting on my daughter, and I gave a Mrs. Nash into custody—that was perfectly well known at Barking—the prisoner lived about three doors from Mrs. Nash—she appeared before the Magistrate on a Monday, and on the Tuesday a man named Crantz opened Winch's shop to sell it, and next week Winch took it up—they were exposed in the windows of both shops, and outside the door—they had a sort of label with red letters, "Everybody reads 'Sam Sly.'"
Prisoner. It was three weeks after that I took to selling it. Witnett. He followed up Crantz—he said he thought it was a very good thing, and there was no law to punish him.
REV. ROBERT LIDDELL . I am a son of Lord Ravenscroft, and am married to a niece of the Duke of Wellington—I have been married thirteen years, and have four children—I have been vicar of Barking very nearly thirteen years—I have resided there constantly with my wife and family—I desired
Barford to purchase two numbers of this paper—he brought them to me, and I put my initials on them—these produced are them—I have read them—I cannot imagine any servant in my establishment to whom it can have reference—there is not a shadow of foundation in the thing from beginning to end, except that I have a female cook, and always have had since I have kept up an establishment—my present cook has been with me better than twelve months—the one before that lived with me seven or eight years—it was perfectly well known in the town that Mrs. Nash had been taken into custody for selling these publications—I believe it has given great annoyance to my parishioners, many of whom are of the middle and lower classes.
(The libel being read, imputed to Mr. Liddell designs of an improper character with respect to his cook.)
GUILTY . Aged 28.— Confined Six Months.
1350. WILLIAM CAFFYN , JOHN TREDGOLD , and JOHN PHILIP CRANTZ , were indicted for a like offence; to which they pleaded GUILTY . CAFFYN—(being the publisher) Fined 10l. and Confined Six Months. CRANTZ— Confined Six Months. TREDGOLD— To enter into his own Recognizance in 100l. to appear and receive Judgment when called on. CAFFYN and CRANTZ, also, to enter into Recognizances to be of good behaviour for Three Years.
Before Mr. Common Serjeant.
1351. WILLIAM SUMMERS and BENJAMIN MARSHALL , breaking and entering a building, within the curtilage of the dwelling-house of William Richard Parsons, and stealing 2 tame drakes, and I tame duck, price 12s. 6d.; his property.
Mr. O'BRIEN conducted the Prosecution.
WILLIAM HOYE . I am foreman to Mr. William Richard Parsons, who lives at Limehouse, and has a country dwelling-house at Barking, to which a fowl-house is attached. On Saturday evening, 12th May, I locked up the fowl-house, about half-past seven o'clock—there were then sixteen ducks and two drakes safe—about ten, the same evening, in consequence of someing I heard at the Three Horse Shoes beer-shop, I was going back towards the house, and met Marshall, whom I had seen at the public-house before, coming in a direction from the fowl-house—I stopped him, and asked what was the matter; he said he did not know—I asked him to come back with me, there was something amiss—he said, "No, I have done nothing, I won't go;" and he ran away—I went, examined the fowl-house, and found it broken open—I saw the ducks' feet at the police-office—they were Mr. parsons' property—the ducks would not keep, and the policeman cut feet off.
Cross-examined by MR. PARNELL. Q. You would not know them by the feet? A. No; I thought Marshall had been to see what was the matter—he was at the Three Horse Shoes about a quarter of an hour before—there was also a man named Stone there—I do not know whether they were in company together—I have known Marshall ten or twelve years—I never heard of his being in any scrape before—the Three Horse Shoes is about a quarter of a mile from the fowl-house—I cannot say whether all the people ran out when the alarm was given—I met Marshall about twelve rods from there—it is Mr. Parsons' house—I and my wife sleep there—Mr. Parsons comes and sleeps there frequently.
RICHARD OLIVER (policeman, K 186). On 12th May I was on duty near Mr. Parson's, and heard the ducks making a noise inside the premises, and I heard a whistle—I walked on the grass towards the fence, and the two prisoners
jumped over from the yard into the road, and threw something down—I have known them for three or four years—there were one or two others with them—the prisoners ran towards Ilford—that is not towards the Three Horse Shoes—I pursued, and brought Summers back—the others ran in the opposite direction—I afterwards went back to the spot, and found three ducks, two were dead, and the other not quite—I examined the fowl-home, and found the door smashed in.
Cross-examined. Q. How far were you from the prisoners when you heard the whistle? A. About fifteen yards—I ran 150 yards after Summers before I took him—I do not know who the other men were—I kept my eyes on these two.
COURT. Q. Did the two prisoners run in the same direction? A. Yes, together—the prosecutor marked the feet before I cut them off the body.
SUMMERS— GUILTY . MARSHALL*— GUILTY .— Confined Four Months each.
GUILTY . Aged 20.— Confined One Month.
GUILTY . Aged 33.— Confined Six Months.
Before Edward Bullock, Esq.
MR. RYLAND conducted the Prosecution. JAMES THOMAS. I am foreman to Robert Corby, a builder, of Ilford. He was building a wall at Stratford, he had a great number of bricks there—I received information on 5th May, and missed 1500 bricks, worth about 50s., marked "N. E. M.," and some "H. K."—I had seen them safe about a week before—I had not authorised any one to remove any.
Cross-examined by MR. ROBINSON. Q. Did you count them? A. They were all counted to my man—I saw that 1500 had been taken away—there bad been 30,000, and we had used probably 10,000—they had been a regular rows—they had been taken from the front row—I counted the rows, and there were 1500 gone—there were buildings going on at that part which my master had nothing to do with—there might be about three stacks of bricks there belonging to other persons—I was in treaty for one stack for my master, but they were a different-made bricks, and had a different name on them—my master's bricks were on private ground.
JOSEPH BENTON (policeman, K 381). I took Benham on 17th May—I told him 1 was going to take him on suspicion of stealing some bricks at the railway—he asked if any one saw him take them—I said, "Yes"—I took him to the station.
CHARLES ROBERY (policeman, K 347.) I took Salmon on 17th May—I told him I took him on suspicion of being concerned with Benham in stealing a quantity of bricks—he said he had not stolen any bricks, and had not been at work the last week—I said it was not last week, it was a fortnight previous—he did not say anything more—the prisoners were bailed.
know the place where this stack of bricks was. On 30th April, I was near there, about twenty minutes or a quarter before six o'clock in the morning—there were no men at work—I saw Benham and another party' whom I do not swear to, loading bricks from Mr. Corby's stack into a cart—they filled the cart, and I saw them go off the premises—I went to the gate to go off duty—I named it to the policeman—I saw them go by the gate—I the man I do not swear to, led the cart away—Benham was nearest to me I when they were loading the cart—I am certain he was one.
Cross-examined. Q. How far were you from him? A. From eighteen I to twenty yards—I thought this a little suspicious—I was on duty every night afterwards—I go off at six in the morning—I did not speak to them—I could have walked up to them—one of our foremen told me to look after this property, but I had no right to interfere unless I saw anything wrong—I did not think they were stealing the bricks—Mr. Corby's men came at six.
EDWARD HAWLEY (policeman, K 209). I was on duty on 30th April, at five or ten minutes before six o'clock in the morning, about a quarter of a mile from Mr. Corby's stack of bricks—the prisoners passed me together with a load of bricks in a cart—they were going over Angel-lane bridge in a direction from where the bricks were—I had some conversation with Woolford, and in consequence of what he said I did not follow them—I am sure they were the men—on 17th April, I saw them together at half-past eleven in the morning, and a third person with them, near some houses which are being built at Stratford—I had some conversation with Mr. Page, who is building them—I examined some bricks on his premises which were marked H K.
JOHN PAGE . I am a builder, of Stratford. I baye bought a great quantity of bricks of Benham—I do not know whether I bought any of him in May—I have the bills (produced)—I bought some in February, and some on 21st April—I was before the Magistrate on 21st May—I had bought 500 bricks of him about three weeks before that—that was the last time—I have not examined them—I never knew that they had any marks.
Cross-examined. Q. How long have you known Benham? A. Only in February—I believe he is a brick-dealer—I dare say he has brought me 30,000 bricks, and always correctly.
ROBERT CORBY . I am a builder. I was building a wall at Stratford, in April—I received information, and missed some bricks about 5th of May, marked N E M—I had employed Benham to cart bricks for me from about 21st to the 26th March—they were to be deposited where the wall was to be built; those were marked H K—they did not form any part of the stack from which I lost the bricks of which I now complain.
Cross-examined. Q. Have you anything to do with the Eastern Counties Railway? A. I had to build a wall to enclose their premises; the Company pay me so much per yard—I paid for the bricks.
Before Mr. Recorder.
WILLIAM DAVID MITCHELL . I am a sail-maker at Greenwich. On 23d May, between eleven and twelve o'clock, I was about ten or twenty yards from Greenwich Church, on my way home from my club, talking to my brother—the prisoner came up, put her arms round my neck, and called out, "Oh, Mr. Mitchell," and went away—she knew me, but I did not know her name—about ten minutes or a quarter of an hour afterwards, my brother asked me what o'clock it was—I felt, and my watch was gone—I described the prisoner to a constable, and went with him to a house in Bridge-street—we knocked at the door, and the prisoner opened it—the policeman searched the place, and on coming out he found my watch about a yard from the street-door—this produced is it.
HENRY HAWKES (policeman). I went with Mitchell to a house in Bridge-street, and on knocking at the door the prisoner opened the window—he identified her—another constable went up-stairs with her, and while they were up-stairs I found the watch about a yard from the street-door in a room on the ground-floor that the door opens into; it was not a room occupied by the prisoner—when the prisoner opened the door, she would pass close by there—there is no passage—nobody could open the street-door without coming where the watch was.
Prisoner's Defence. I was walking with another young girl, and met the prosecutor—he caught hold of me, and I said, "Oh, Mr. Mitchell"—if I had taken his watch, they could not have been off seeing it at the door when they came in. GUILTY . Aged 17.— Confined Six Months.
JOSEPH HOLLAND . I am foreman of the laborers engaged at the railway at Woolwich—I know the prisoner. On 27th May I met him at the White Horse at Charlton—we left between eleven and twelve o'clock, and when we were just between the turnpike-gate and the half-way public-house, he was walking along-side of me, and pulled my watch out, jumped over the hedge, and went away with it—it had a sixpence with a hole in it, in place of a seal hanging to the ring—I gave information at the station-house—this watch (produced) is mine.
Prisoner. We were both very fresh—I turned to one side of the road, and heard him talking to two men—I went back to the same house next morning, saw him there, and he mentioned nothing about it? Witness. I did meet him there next morning—I did not tell him, because I thought he might get away—I did not speak to two men—I had been drinking, but knew very well what I was about.
THOMAS MICKLEFIELD . I am foreman at Mr. Davis's, pawnbroker, at Woolwich. On Monday, 28th May, the prisoner pledged this watch with me in the name of John Johnson—he said it was his own, and that he had pledged it once before for 25s.—he returned in the afternoon, and said another man had substituted another duplicate for his, and he wished to stop the watch; and in consequence of information I had received, I detained him till a policeman came and took him.
GEORGE SUTTON (policeman, R 49). I took the prisoner and asked if the watch was his own, he said it was; he had had it four years; he gave 4l. for it, and he pledged it in his own name, Johnson—at the station he gave the name of Corrill.
Prisoner's Defence. I bought the watch of a young man at Woolwich for 18s.
GUILTY . Aged 26.— Confined Six Months.
SARAH GRIFFIN . I am a widow, and live at Lamb-court, Greenwich. The prisoner worked in my house for twelve days in April as a dressmaker—I afterwards missed a bolster tick from the room in which she had been working—this is it (produced).
HARRIET DEAL . I live at 2, Lamb-court, Greenwich. On 31st May the prisoner asked whether I would buy a quilt, I went to her house, and she asked me if I would buy this bolster—she said she gave 1s. for it, but I should have it for 9d. and I bought it.
WILLIAM CROOK (policeman, R 198). I took the prisoner—she told me she bought the tick of Mr. Matthews—Mr. Matthews denied it in her presence, and she then said that she bought it of his wife—she is in a lunatic asylum.
Prisoner, I told him I bought it of Matthews, I did not say Mr. or Mrs., and going along I said I bought it of Mrs. Matthews; Mr. Matthews said he had not sold it, but he could not tell whether Mrs. Matthers had or not; Mrs. Griffin keeps a house of ill-fame on each side of the court.
SARAH GRIFFIN re-examined. I keep a lodging-house, but it was not from there that this was taken—I also lost 75l. in gold, and a 5l.-note, which no one could have taken but the prisoner—I showed it to her, and she said, "God send this was mine."
GUILTY. Aged 43.—Recommended to mercy.— Confined Ten Days.
Before Mr. Justice Patteson.
MESSRS. BODKIN AND CLERK conducted the Prosecution. JOSEPH ROBERT ALLEN. I am chief warden of the Warrior convict hulk at Woolwich. In May last I was second mate—the prisoner was a convict on board, and had been so from 2d of Jan., under sentence for fifteen years—the convicts are sent from the hulk to work in the Dockyard in gangs—on 15th May the prisoner was sent ashore with others to work in a gang—at twelve o'clock he returned to dinner—after dinner he was ordered back with his gang—he attempted to go into another gang, as he expected they would get a small portion of beer—I requested him to fall back into his own gang, that he had been with in the morning, and he was marched off with them—about an hour after he was brought back to the hulk in custody of a sentinel for refusing to work in the yard—Mr. Masterman, the overseer of the hulk, was sent for—the prisoner stated to him that he had not sufficient food to enable him to perform his work—the overseer told him that he had the quantity allowed by Government, which was considered sufficient—he was then ordered to return to his work, but refused to go—the overseer ordered that if he did not return to his work he was to be locked up—I was standing about four yards from him—I turned from the prisoner to look over the gangway, when I received a tremendous blow on the back of the head—I did not see him strike it—it completely stunned me for a minute or two—as soon as I was sufficiently recovered, on looking round, I saw the prisoner aiming a blow with this weapon (a round piece of wood) at the overseer's head—my own
head was bleeding—I saved myself from falling by resting my hand on the gangway—we had no such weapon as this on board—it is a trenail, and is used in the Dockyard; it is very heavy wood—I was taken to Mr. Dabbs, the surgeon, kept my bed for two days, and was confined to my lodging for a fortnight Prisoner. You did not save yourself from falling, you went straight away into Mr. Masterman's room; there was no blood spilt on the quarter-deck, Witness. I saved myself from falling as I have described—I did not see anything in the prisoner's hand before I saw him striking at the overseer.
HENRY THOMAS MASTERMAN . I am overseer of the Warrior hulk. The prisoner was under my care and superintendence—he has frequently complained of the insufficiency of food—he had the full allowance, equal to his fellow-prisoners—he appeared to me to be in health and strong, but always discontented—on the day in question I was called to the quarter-deck and found him in custody of the sentry—after some inquiry I desired that if he did not go to his work he should be locked up—as soon as I said that he drew from under his jacket or clothes this trenail, and struck Mr. Allen with it at the side of the head, and inflicted a severe scalp-wound—Allen was standing at the side of him—the wound bled—he staggered and saved himself against the bulk-head—the prisoner next aimed a blow at my head with the same weapon, but I warded it off with my left arm, upon which I received a very severe blow which disabled roe nearly a week—the prisoner said nothing it the time, but just afterwards he said, "I will clear the kitchen for you"—he still had the trenail in his hand—Allen then ordered the sentinel to charge him with his bayonet, which he did, and he was disarmed—he afterwards said, "I hope I have killed Mr. Allen; that is the way I should like to serve four or five others"—I then had him cross-ironed and locked up—these trenails are to be found in many parts of the Dockyard—the prisoner would have an opportunity in his work of getting one of them.
Prisoner. I did not say I would serve four or five others in the same way, I said it served him right, what I had done for him.
GEORGE KEMP . I am a private in the marines. On 15th May I was sentry in the Dockyard at Woolwich—the prisoner was given into my custody for refusing to work—I took him on board the hulk—he did not pick up anything in the Dockyard in my sight—I did not see him strike Mr. Allen—I saw him strike at Mr. Masterman, who warded off the blow with his left arm—I was ordered to charge him with my bayonet, which I did, and he gave me the weapon—afterwards, as he came up from below, he said if the sentry had not been there he would have cleared something, but I forget now what the expression was.
GEORGE HENRY DABBS . I am surgeon to the Warrior hulk. I saw Allen about three o'clock in the afternoon in question on board the hospital ship Unity—I found a wound of about an inch and a half long on the left side of the occipital bone; it was an incised wound surrounded by very considerable bruises—it might have been inflicted with an instrument like this—I think it must have struck with the edge, the scalp was divided—I continued to attend him till 4th June, when he returned to duty—it is no part of my duty to see to the diet of the convicts, but in the morning before they go to labour it is my duty to examine the complaining sick—those who are unfit for labour remain on board, and those who are sick go to the hospital—I had examined the prisoner on that day; he was quite fit for duty—he complained of debility—I asked him if he had any disease—he said he had not, but he was weak and unfit for labour—I looked at his arms and found him muscular and robust, and his manner displayed considerable energy—I thought him in all respects
fit for labour—I have nothing to do with their ordinary diet, but when they are sick I have the sole control over them.
Prisoner. He said 1 was able to work, and ordered me to stop in and get weighed; I did so, and I had lost four pounds in a fortnight, and three pounds before that, besides a stone and a half in Millbank; I did not get sufficient food to support my human nature; he is no more fit to be a doctor than I am to be a King; I have a bad leg now, and he did nothing to it; it got worse and worse. Witness. He complained of a bad leg when he was in the cell after this occurrence—he might have complained before, but if he did there was not sufficient reason for him to stop in—we are pestered every day with a number of persons who complain in order to avoid labour, and we are obliged to draw a line—the men are, generally speaking, exceedingly robust and muscular, and able to work—if I had found any reason to suspect that the diet was insufficient, it would have become part of my duty to make that representtion, but there was no reason for interference.
(The prisoner in a long defence stated that his diet had been bad and insufficient for a long time past, and that all his complaints on the subject were disregarded; that on the morning in question he was removed from one gang to another in order to prevent his getting a little beer, and being very vexed, he secreted the piece of wood, being determined he would not be punished for nothing, and on getting on board he struck the witnesses as had been stated.)
GUILTY . Aged 24.— Transported for Life.
Before Mr. Common Serjeant.
GUILTY . Aged 16.— Confined Nine Months.
1360. MICHAEL CORBETT and JAMES RYAN , for a burglary in the dwelling-house of Joseph Staples Fleming, and stealing 1 spoon, 1 coat, and 1 cap, value 19s. 6d.; his goods: Corbett having been before convicted.
MR. BIRNIE conducted the Prosecution.
JOSEPH STAPLES FLEMING. I live at 41, High-street, in the parish of St. Paul, Deptford. On the morning of 4th June, I was awoke by a policeman, and found the wash-house window open, which was shut the night before, at eleven o'clock—it is attached to the house—I missed a great-coat, silver table-spoon, and some tea-spoons; these are them (produced.)
JOHN EDWARD MILES (policeman, R 141). On 4th June, about half-past three o'clock in the morning, I was on duty in Church-street, Deptford, and saw the prisoners—I caught Corbett, and found two plated tea-spoons in his pocket.
JAMES WILLIAM CROUCH (policeman, R 361). On 4th June, about five o'clock, I took Ryan, and said I wanted him for breaking into Mr. Fleming's house with Corbett, and taking some things—he said, "I did"—I searched him, and found this glazier's knife, razor, gimblet, and knife on him (produced.)
CORBETT— GUILTY .** Aged 15.
RYAN— GUILTY .** Aged 16.
Transported for seven Years.
1361. SUSAN READ , stealing 4 sovereigns, 4 half-sovereigns, 4 crowns, 4 half-crowns, 105., and 20 sixpences, the moneys of Edward Luck, her master, in his dwelling-house. MR. O'BRIEN conducted the Prosecution.
EDWARD LUCK . I live at New-street, Deptford. The prisoner was my servant two or three years—one morning I rang the bell between eight and nine o'clock, and she was missing—she had given me no notice that she was going—I had seen her between six and seven—between ten and eleven I missed 9l. in sovereigns and silver, from a drawer in my bed-room—the key was in the next drawer—nobody else could have got into the room—I saw her about a week afterwards at the police-court.
Cross-examined by MR. NAYLOR. Q. There is a club-room. A. Yes people going there pass the bed-room door—the prisoner has left me before at a week or a fortnight's notice, and applied to me to take her back—she has one house at Cambridge—she got that a year and a half ago—I do not knot of her having any farm.
GEORGE CLIFFORD . I keep the Red Lion, at Brompton. The prisoner was there in March, smoking and drinking, and treating people, to the amooit of 2l.—during the day they had five pints of gin, five gallons of beer, and soda water and brandy—I saw her receive change for a half-sovereign, but did not see her with any gold.
Cross-examined. Q. Did not she tell you she had lately come into her property? A. She said she had two farms in the country.
Cross-examined. Q. Did you make enquiries at Cambridge? A. I find she has a house there—she said at the time she left Mr. Luck's she had not: farthing, and she did not take his money—I hear that there is property of her husband's coming to her in Norfolk. NOT GUILTY
DENNIS COLLINS . I am in the employ of James Cooper, a bootmaker, of Woolwich. On 28th May I saw Brian take two pairs of boots from outside toe shop and run away—he passed them to Williams, who ran—I ran after bio, and found them on him (produced)—they are my master's—Page walked off with Brian.
WILLIAM CURTICE . I saw Williams running, wrapping up two pairs of boots in a handkerchief—Brian and Page were about two doors from the shop—they saw him taken, and ran down the alley—I knew Page before. WILLIAMS— GUILTY . Aged 14.— Confined Four Days and Whipped.
BRIAN— GUILTY .* Aged 12.— Confined Six Months and Whipped.
PAGE— NOT GUILTY .
GUILTY . Aged 12.— Confined Four Days and Whipped.
SAMUEL WATTS (policeman). On 5th May, I received information and stopped the prisoner—I charged her with having something under her shawl—she said she had not—I pulled her shawl on one side and saw these stays—she said she bought them—I asked where?—she said what was that to me.
GUILTY . Aged 25.— Confined Six Months.
(There was another indictment against the prisoner).
JOSEPH MIDDLEMAS . I am a shopkeeper of Woolwich. Hanson was occasionally in my employ—he had been in the habit of coming on Fridays and Saturdays for rather more than twelve months—in consequence of information from a policeman, I marked fourteen shillings, twelve sixpences, and some pence and halfpence—I placed the silver in the silver department of the till, and the copper in the copper department—I then went to my back-room to tea—Hanson served a gentleman with some tea, and bacon, and butter, which came to 7s. and something odd—the gentleman gave him half a sovereign—after that Hanson came to his tea—after tea Hanson went into the shop, and Green came to the counter—I placed myself on the stairs where I had a hole about the size of my hand, through which I could look down the counter—Green put down what I believe was a sixpence, but I will swear it was not larger than a shilling—Hanson served him with cheese and butter, and then gave him some silver out of the till—I came into the shop, and asked Hanson what that man had had—he said, "I don't know"—I said, "The d—I you don't"—he said, "Do you think he has come to pass bad money?"—I said, "I don't know"—I went to the till, and missed 4s. 6d., of the marked money—I am quite sure that four marked shillings were gone—the policeman came in, and I gave Hanson in charge—I saw him searched at the station, and three shillings and a penny were brought from his pocket, which I could swear to by the marks on them—I can swear they are mine—I afterwards saw Green at the station, and the policeman produced one shilling, three pence, and two halfpence as being found on him, which I recognize as being marked by myself.
Cross-examined by MR. BALLANTINE. Q. 'What time did you mark your money? A. On Friday night, and on Saturday about six o'clock in the evening the prisoners were given into custody—at the time I put the marked money in the till there was other silver there, I cannot say how much—when (looked at the till again, I cannot say how much there was altogether—I can swear there was only the half sovereign in gold—I had put the marked silver in the till just before I went to tea—the gentleman came in and bought the 7s. 6d. worth of things just after I had put the silver in the till—that gentleman is not here—he might have had 2s. of the marked money—I should know the marked money wherever I saw it.
WILLIAM GLADWIN (policeman), I had observed for some time that Green came to Mr. Middlemas's shop, and I gave Mr. Middlemas some information—on Saturday evening 19th May, I took Green into custody after he came out of the prosecutor's shop—I told him I took him in custody for receiving the goods which he had in his possession—he said he had bought them—I asked what he gave for them—he said he would tell my superiors—I took him to the station, and asked if he would then tell what he gave for the things—he said, "I tendered a shilling, they came to 7d. or 8d., and I put the change into my pocket"—I searched him, and found on him a shilling, a sixpence, and a 4d. piece, and three penny pieces which are marked—Green, said he earned them in London by selling boxes, and he lived at No. 179, Church-street, in the Borough—I went, and he did not live there—I afterwards found that he lived at a beer-shop in Kent-street—I produce what I found on Green.
silver, and four pence in copper—amongst it is one marked penny, and three marked shillings.
Cross-examined. Q. Did he say he had the money in his pocket to sub, scribe to a raffle? A. I did not hear that—I know nothing about a raffle for a gun—I never heard any thing about one—I have several guns—I did not put up one to be raffled for—I never put up a raffle in my life for anything.
Green's Defence. I went to Woolwich to see my brother, who works in the dock-yard, and it being the Queen's birth-day they did not work; I went and bought this cheese and bacon; the officer asked me where I bought it; I said, I would not tell him, I would tell his superior; I told the inspector where I bought it, what money I had, and where I came from.
(Hanson received a good character).
HANSON— GUILTY . Aged 41— Confined One Year.
GREEN— GUILTY . Aged 39.— Confined Six Months.
(The prosecutor stated he had been robbed to the amount of 2 or 300l.)
JOSEPH ALEXANDER DEADMAN . I am a licensed hawker, and live at Deptford; the prisoner was in my service—if he received money he ought to account for it on the same day—he has never paid me either of these sum or accounted for them.
Prisoner. I never had the money, and he owes me half the money for wages. Witness. There was 5s. 9d. coming to him, but he never came for it
Prisoner, I know nothing about it—I had had a little drop to drink. GUILTY . Aged 28.— Confined Four Months.
Before Mr. Recorder.
MR. RYLAND conducted the Prosecution. JOSHUA MORRIS. I am an officer of the Sheriff of Kent. In April I had a warrant against the goods of Edward Capstick, of London-street, Greenwich—I went and seized on the 19th—I found the shopman there and the prisoner—the master, Edward Capstick, and another brother, George Capstick was there—George Capstick claimed some goods, and they were put on one side—I left Henry Innell in possession, and I went backwards and forwards from time to time—the prisoner did not make a claim of any goods himself, but he was present when George did—on Monday, the 23d, I went to the premises—I inquired of Innell in the prisoner's hearing, what was become of the shop books—he said, they had been removed without his leave by the prisoner and another person—I went out in search of
an officer—the officer said that goods had been removed, and in conesquence of that I gave the prisoner in custody—the constable told me that another officer had stopped a lad going from that shop with goods—I spoke to the prisoner, and asked him if he had removed the goods—I cannot say whether the goods had been described—the prisoner said he had removed goods, and they were his—I gave him in charge.
Cross-examined by MR. BMLANTINE. Q. Whose house was this? A. Edward Cipstick's; and these had been Edward Capstick's goods till they became the property of the Sheriff—I entered the house on a warrant which I have not got here—I had the warrant on the premises.
MR. RYLAND. Q. Have you got the writ? A. No; it is in the Sheriff's office—the warrant is at my house.
COURT. Q. What did you do eventually? A. The goods were claimed by the trustees under a deed, and they were eventually given up to the assignees of the defendant. NOT GUILTY .
Before Edward Bulloch, Esq
GUILTY .— Confined Six Months each ,
GUILTY .— Confined Six Months.
STEPHEN WINDER . I am a grocer, of Church-street, Greenwich. On 12th Jone, about twenty-five minutes to nine o'clock, I left my shop for a little while, leaving a tub of pickled pork at the door—when I came back I missed half a loin and an end—I never saw them again.
JANE TOOD . I live next door but one to Mr. Winder. I was standing at the top of the court, and saw the three prisoners together, who I knew before they walked up and down about a quarter of an hour, and then Inchie took the meat out of the tub at Mr. Winder's, gave it to Hodges, and he ran down Thames-street with it—the other two remained—I knew them before, and knew their parents.
DAVID OVENDEN (policeman, R 341). I took Hodges and Willcox in the street, about eleven o'clock the same night—I told them it was for stealing port from a shop-door, in Church-street—they said they knew nothing about it—another constable came up and took Inchie—they were all together—I know where they live, but they do not often go home.
WILLCOX— NOT GUILTY .
INCHIE— GUILTY .†* Aged 14.
HODGES— GUILTY .†* Aged 15.
Confined One Month and Whipped.
Before Edward Bullock, Esq.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN WHITLAMB (policeman, M 89). On 12th May I took the prisoner and a woman for uttering counterfeit coin—Ings took the woman—when I was booking the charge at Rotherhithe, the prisoner continually interrupted the
inspector, by calling me a b----y pig, vagabond, and rascal, and I was ordered to lock him up—he swore he would smash my b----y brains out and was struggling with my two brother constables—he threw himself down in the yard, and attempted to bite Ings in the thigh—he kicked me as I passed, and I found my arm powerless—I was in excruciating agony, and have been incapacitated ever since.
Prisoner. Q. Did not you go into the room with the inspector privately and close the door? A. No; you were told the charge, but would not her a word; your language and conduct were very bad; there are three steps going to the cells; I did not throw you down them; I never put a finger on you.
HENRY HARDING MIDDLETON (policeman, M 2). I was at the station-the prisoner was conducting himself very improperly—his language was very gross—he said, if he had an opportunity, he would smash in Whitlamb's b—y brains, or any other b—y constable, and if he had me outside he would do the same—two officers took hold of him—he grappled with then, and was very violent—I did not go into the yard.
Prisoner. Q. Did you take the charge? A. Yes; I did not have Whit-lamb in the room a quarter of an hour or twenty minutes—there was another prisoner in the lock-up—I heard you call. "Murder!"—I did not send fort doctor for you.
GEORGE INGS (policeman, M 248). Whitlamb called me when the prisoner was taken—the handcuffs were on him—he threatened me what he would do if he got them off—I got him to the station—he used very violent language-Middleton was acting sergeant, and desired him to be taken to the cell—he wore he would not got and rushed at Whitlamb—I prevented him, and hi rushed on me—I got him into the yard, and he commenced kicking me, threw himself on his back, and threw his legs round me—Whitlamb said, "He has kicked me in the arm"—I saw him with his arm broken—no more violence was used to the prisoner than was absolutely necessary—he tried to bite me on the thigh.
Prisoner. Q. Did not you come on Sunday and say, "You are not dead, you rascal; it would be a good job if you were?" A. No; you did not call for assistance, or say you would report me.
SAMUEL TILLEY . Whitlamb called on me—I found his arm broken—he has been under my care ever since—I was at the station between six and seven o'clock, the prisoner complained very much of pain—I examined him, but found no marks on him—he was making a considerable noise.
Prisoner. Q. Why did you give me medicine then? A. I thought some powders would do you no harm—I went to see you more than once—I told you the second time that you were much better.
Prisoner's Defence. I was used most brutally; they pushed me down the steps, and we all fell together; they set to kicking me, and kicked Whitlamb as well; the man who was locked up with me told what had happened, and about 200 people came to the station in the morning to see if I was dead; I have been laid up with a broken leg since Dec, and could not kick a mm with violence, and I had these light shoes on.
GUILTY .**— Confined Six Months from the expiration of his other sentence.
(See page 227.)
GUILTY . Aged 36.— Confined Four Months.
Before Mr. Common Serjeant,
JAMES BEAGLE . I live at 68, Bridge-street, Lambeth, and am an upholsterer—the prisoner was formerly my shopman. On 8th May I had occasion I to go to Captain Norcott's, and there saw the property mentioned, which is mine—I never gave the prisoner any authority to part with it, and never received any money for it.
Prisoner. I booked the things. Witness. No, he did not—he had no authority to sell them.
CAPTS EDMOND NASH NORCOTT . I do not know Mr. Beagle—I have known the prisoner for three years and a half, and have bought articles of him—I bought the articles found of him, and paid him for them so much on account, at three or four different times—I have paid him 16l. or 18l. at different times.
Prisoner's Defence. When I was in business for myself Captain Norcott was a customer; I got these things for him, expecting payment for the whole, but he only paid me part, and I could not pay Mr. Beagle; I consider I did very wrong in not entering the goods, but I did not do it with any bad intention. GUILTY . Aged 35.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 11.— Confined Six Weeks.
1375. MARY ANN KNIGHT , stealing 1 ring, value 3s.; the goods of James Griffin: also, 2 towels, 3 napkins, 1 bedgown, and other articles, value 13s. 3d.; the goods of James Griffin: to which she pleaded
GUILTY . Aged 19— Confined Three Months.
GBORGE WOODS (policeman, V 209). On 11th May I was on duty in George-street, Richmond, and about half-past six in the morning saw the prisoner, with an iron stock on his shoulder—I followed him to Marsh-gate—he said it was his own, and he had brought it from Hounslow that morning, where he had slept at the side of a hay-rick, and he was carrying it about to show tradesmen that he was capable of making such a thing.
RICHARD RUNACRE . I am a smith, in the employ of Mr. Allen, a wheelwright, in York-road. About two years ago I was in Mr. George Cottam's and Mr. Allen's service—the prisoner was their foreman—I know this stock—it is called a rounding-iron—I made it—there is a mark on it—when I left I delivered all my tools to the prisoner—Mr. Cottam's name is George.
Prisoner. Q. Did you work in any other shops? A. Tea, and have made tools like this—I marked it with a chisel—I am sure it is the tool I made at Cottam and Allen's—it would not fit any other anvil except theirs—I made no other of this size—I never gave any away, nor left any with Mr. Murray.
or fencings, which came to about 25l.—he called again about 2d May, said he was going to Manchester, and would I buy a few tools of him; I did so—this tool was among them.
Prisoner. Q. Have you ever seen other tools like that? A. Yes, a great many at old tool shops—I have got some in my shop like it—every smith in London, and everywhere else, uses tools like that—I should think a workman would know his own tools.
Prisoner's Defence. I bought the tool at Mr. Plumley's, of Bankside, with several others, and he had bought a large quantity of scrap-iron at Cottam and Allen's; how is it possible the witness can swear to it when he has not seen it for two years, and there are thousands like it?
NOT GUILTY ,
SARAH WALTERS . I am the wife of Enoch Walters, of 40, Ely-place, Lambeth. On 11th May I sent out a child, two years old, in charge of another six years old, into the fields near my house—between five and six o'clock, in consequence of what a little girl told me, I went into the fields, and missed the child—I found the prisoner sitting at the corner of a square of buildings, with my child on her lap—she went away, and I sent a little girl to bring my child—as soon as I took my child the things slipped off her—they were all untied, and the petticoat was gone—this petticoat (produced) is it.
SARAH THOMPSON . I am the wife of Henry Thompson, of the Clapham-road—I keep a clothes-shop. About four o'clock in the afternoon of 11th May the prisoner brought this petticoat, which she said she had found, and asked me to give her three halfpence for it—I did so, as I considered she bad come by it honestly—when she had gone I put it on one side, in case any inquiry should be made.
GUILTY .** Aged 19.— Confined One Year.
CAROLINE MADDEN . I am a widow, and live in Nelson-square—the prisoner was my servant, and was to leave on 4th June—after she had gone out of the house she was brought back by the policeman, and some blankets and sheets and a knife and fork were produced to me, which are mine—this part of a caddy spoon was found in her box.
Prisoner. I lent the things to our landlady, went to fetch them back on this evening, and they swore they belonged to them; I said "They belong to my mistress," and went back with a policeman to her; they were all from my own bed. Witness. I believe the landlady she speaks of is where her husband lodged—I believe the things were lent to her husband for his own use, with the intention of bringing them back.
WILLIAM APTHORP (policeman, M 133). The prisoner's husband was charged before the Magistrate by his landlady with stealing these articles, and the prisoner said they did not belong to the landlady, but to her mistress—she said she lent them to her husband, as his landlady was short of bedding'
NOT GUILTY .
Before Mr. Justice Patteson.
1379. JOHN STANDEN , feloniously and sacrilegiously breaking and entering the parish church of Kew, and stealing 1 iron chest, and 1 tin box, value 3l. 25.; the goods of Richard Burgh Byam.—2d COUNT, feloniously receiving the same.
MR. CLARKSON conducted the Prosecution.
NASSAU SMITH O'BRIEN (police-inspector. A). I heard of the breaking open of Kew church about the latter end of April, and obtained information, which led me and sergeant Bennett to Tilby's house, 11, Great James'-street, Marylebone—I asked him for a tin box or case—he directed the servant to go with us; she went into a bed-room on the ground-floor and brought this box (produced)—he gave me an account of where he got it.
Cross-examined by MR. O'BRIEN. Q. Did he seem a good deal surprised? A. A little—I had arrested him when he gave the account of it, but had not left the house—he remained in prison from 7th May till the prisoner was committed, the 19th, I think—he occupies the lower part of the house.
GEORGE TILBY . I keep a coffee-shop, 11, Great James-street, Lisson-grove—I know the prisoner—he gave me this box about three and a half years ago—I was passing his house, in Bell-street, Edgware-road, one morning, between eight and one o'clock, and he tapped at the window, called me in, and had it in his hand—he was trying to push this lip down, and said, "Look here, George, is this any use to you?"—I said, "No, it will do very well for the child to play with"—he said, "Well, you can have it if you like"—I took it—he said, "I had this out of Kew Church; I had it out of an iron one, but that was too big, it was more weight than it was worth, and I was obliged to leave the b—thing behind"—I thought he was romancing, I did not think he would rob a Church or anybody—it appeared as if it had been forced—he said it contained papers, I do not recollect the particulars—I took it home and gave it to my child—he said, "Don't go carrying it through the streets, you will have Sergeant Thompson seeing you with it"—I carried it openly.
Cross-examined. Q. Had not you a handkerchief round it? A. Not that I am aware of, I might have chucked my apron over it, but am not certain—the child used it as a toy box, and had it out in the street, dragging it as a cart—she kept it under the bed—a man named Nye lived in my house two or three years—I believe he was examined once about this robbery—I have been in custody five weeks—I believe I am now in custody—I was required to find sureties to appear as a witness, and I could not find any one—I have lived where I do now nine years—two persons came as bail, but were not accepted—I do not believe I was charged with stealing this—I do not know what I was charged with—it was with having it in my possession.
JOHN HISCOCK . I am eighty-two years of age, and have been fifty years parish clerk of Kew. On the Sunday of the robbery in 1845, I went into the robing-room at eleven o'clock, and found the iron chest, and also a box, which was kept in it, was gone—this produced is it—it was always locked-up in the chest—marriage licenses, and certificates of death were kept in it—it was kept locked—I have every reason to believe this is it—there was a key always tied to it with a little bit of string.
chest was then safe—the robing-room door opens into a short passage, from which a door leads under the pulpit; I locked that door, went out by the western door, and locked it—I left all the doors locked—the robins-room it under the same roof as the Church—I went next morning at six, and found the western door locked, as I left it—I unlocked the door under the pulpit, and went into the robing-room about nine—nobody had then been into the Church but the clerk—I missed the iron chest, and found the door leading outwards on the eastern side partly open—there were no marks of violence on the lock—I gave information—the vicar is Richard Burgh Byam.
Cross-examined. Q. You cannot speak positively to it? A. I think I can by the handle and the ring. NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
HENRY HENDERSON . I am a seaman, belonging to the Brunswick. On Thursday, 17th May, six of us, including the deceased, were in a boat along. side a vessel—the deceased was drunk—he tried to get on board, but dropped down into the water; I pulled him out, and the prisoner, who is the mate, told me to put a strap round him to hoist him up—he was not able to get up himself—I put the rope round him, the mate pulled him up, and give him a dipping—as he was pulling him up, the hook dropped off the strap, and the boy fell, and was drowned—he sunk like a stone or piece of lead—we could not get him—there had been no ill words between him and the mate that I know of—he belonged to the ship—I did not see his body till the Monday, it was then laid on some pieces of board in the churchyard—I am sure it was the same.
Cross-examined by MR. ROBINSON. Q. The first time you saw him was Thursday morning? A. Yes, between ten and eleven o'clock—he had then come ashore on the ship's duty—when we got into the boat, at four or fire, he was drunk, and singing—he would have been drowned when he first fell into the water, if I had not pulled him out—the prisoner told me to make the strap fast and safe—it was impossible for him to get up by himself—the prisoner stood on the deck, looking over the bulwarks—when he said be would give him a dip, I did not hear him say it was to refresh him—the strap was stiff, the hook was hooked on to it, and when it came into the water the rope slackened, and then it unhooked—as soon as it was found that he had gone off the hook, the prisoner jumped into the boat, and did all lie could to save him.
GEORGE CRUTCH . I am a surgeon, of Rotherhithe. On Thursday, 23d May, I saw the body of a negro-boy at Rotherhithe Churchyard in a state of partial decomposition—he appeared sixteen or seventeen years old" I made an examination, and consider his death arose from suffocation, drowning probably.
Cross-examined. Q. Have you often seen persons who have been drowned? A. Yes—I found the appearances we usually see—there is a kind of apoplexy that would resemble the appearances of the brain that saw, but in my opinion death was not caused by apoplexy, but by drowning. JOHN WELLS. I am a lodging-house keeper, of 3, Albion-court, Ber-mondsey. I saw a negro boy's body at the bone-house at Rotherhithe on Friday, 25th May—I knew him just a twelvemonth; his name was Joseph
Frost—he was a seaman, and was seventeen or eighteen years old—I went with him on board the Brunswick—he comes from Barbadoes.
Cross-examined. Q. Do you know that it is the practice in the coasting trade, by way of bringing a man to, that is drunk, to give him a little dip in the water? A. Not to my knowledge.
ROBERT LUKE OLIVER (Thames-policeman, 31). On Thursday, 17th May, about six in the evening, I saw the prisoner by the side of the Surrey-canal it Rotherhithe, and told him I had received information that a boy had been drowned off his vessel—he said yes, he was sorry for it—I asked how it happened—he said, "The boy was drunk, and in putting him out of the boat with I a burting (that is a rope with a hook to it) the hook caught the vessel's side, unhooked, and he was drowned"—he showed me the place where it hooked into the vessel's side—there was no mark, but a place where a hook might I have caught—he said he was very sorry for it, and said several times he would sooner it had been him than the black boy.
Cross-examined. Q. He expressed great sorrow? A. Yes; the tackle was strong enough to hold half-a-dozen boys.
GUILTY. Aged 26.—Strongly recommended to mercy. — Fined One Shilling.
1381. JAMES WEBB , feloniously uttering a forged bill of exchange for the payment of 25l., with intent to defraud John Tuhey.—2d COUNT, to defraud Abraham Fuller. Ma. METCALFE conducted the Prosecution.
JOHN TUHEY . I am a builder, at Willow-walk, Bermondsey—I know the prisoner well, he is a baker, and supplied me with bread—I have occationally lent him money—I paid him what I owed him, and discounted two or three bills for him—I have known him for years—I have occasionally lent him a trifle—at the latter end of May he came to me and said he was very short of flour, and I knew he was rather poor in circumstances at the time, and he asked me whether I could change a bill for him, or get it done—I said, "What sort of a bill is it?"—he said, "If I get my brother-in-law, Henry Ashley, to draw a bill on Abraham Fuller, will you give me the money for it, or get it?"—I said I would—I knew Henry Ashley—he is not a person to whom I would give credit, and the prisoner knew that as well as I did—I know Abraham Fuller; I would give credit to him—I have known his father for years to be a respectable upright man, and I know the young man to be a respectable man—the bill was to be on Abraham Fuller, junior, the son—I afterwards saw the prisoner again by appointment at the Greyhound at Kennington—he then produced this bill (produced)—it is drawn by Fuller on Ashley.
Q. But you said just now it was to be drawn by Ashley on Fuller? A. You misunderstood me—it was on the faith of Fuller's name being to it that induced me to give the money for it.
COURT. Q. You said just now that he told you, "If I can get my brother-in-law, Henry Ashley, to draw a bill on Abraham Fuller, will you discount it?" A. That is what he really did state—you will And it on my evidence all through the piece; but when I saw the name of Fuller to it, I did not care which way it was—it was on the faith of his name being to it; that was quite sufficient for me.
MR. METCALFE. Q. At the time he produced that bill, did you notice that Fuller was the drawer, instead of the acceptor? A. I looked at the bill and saw it, and seeing Fuller's name I did not care which way it was—when he produced it, he said, "Here is the bill, I have got it"—I said, "Well, I have not got all the money, I will give you 5l.; I must
get it discounted, and give you the rest"—he told me he had got it from Abraham Fuller—I got it discounted by Mr. Jones, in the Kent-road, and then paid him a further sum, making 18l. 10s. in the whole—the 30s. was for discount, and the other 5l. I was to put to meet the bill when it arrived at maturity—I never received a farthing benefit from it, and did not mean-when the prisoner brought the bill, he did not say from which Fuller it was—I knew which it was—I asked him when he first came about it, and I asked him at the time he brought it, and he said it was Abraham Fuller, jun.
Cross-examined by MR. CLARKSON. Q. Had you ever seen Abrabm Fuller, jun., in your life at the time of this transaction? A. Yes; but not on this business till the bill became due—I knew him for years, and he knew me—I know Jones, of the Kent-road; he is of the Jewish persuasion—very likely he has a son in the profession in Chancery-lane—at the time he discounted this bill, he had 600l. worth of bills, in which I was interested-they were all lost money except 26l., and this bill was among them—it bit cost me 108l. 17s. 4d.—I am not insolvent'—I placed no reliance on the prisoner as to his responsibility at all—he might have asked me to discount a bill if he could get Fuller to draw one on his brother-in-law, Ashley—it is a long time ago, but while Fuller's name was on the bill it was quite safe for me—I will not undertake to swear which way it was—I would not curse my soul for the sake of fifty bills—I swear I never said, that as long as he could get me Ashley's acceptance, I did not care if it was a sweep who drew the bill—I got 23l. 105., I think, from Jones for the bill—it was arranged between me and the prisoner that I should keep 5l. to meet the bill when it became due—I am not a bill discounter—I have done very little in that line—very likely I have been the means of discounting 1000l. worth of bills in the last twelve months—I should think it was so many as 100 bills, I would not swear it was not—I swear it was not 200—I was very well acquainted with the prisoner, we used to drink at the same public-house almost every night—we were not friends after the bill arrived at maturity—I did not go to the same public-house as he, and drink with him after I was sued on the bill—I do not know what name is over the baker's shop which he kept—I think Ashley's name was, there is another name now—I do not know exactly how long Ashley has been gone away—I should think about fire or six months—in May, 1848, Abraham Fuller, jun., lived in Kennington lane—I then lived opposite Kennington Church, about ten minutes' walk from Fuller's—I never did anything in the bill line for Ashley—I had another bill of the prisoner about a fortnight after this one, and that turns out to be like this one—I never asked the prisoner to endorse a bill-he would have done so if I had—I believe Jones sued Ashley—I had to pay the expenses.
Q. When did you first inquire of Fuller, jun., anything about this bill? A. Oh, some considerable time afterwards—I went to him, and he denied its being his acceptance—I should think it was about two or three months after the bill was due that I met Fuller, and he declared to me that it was a forgery—the bill was drawn on 29th May, at three months—I never booked ft because it was no ordinary business—I did it to accommodate the prisoner, and therefore I did not enter it—I do not know in what month it was that I met Abraham Fuller the younger, and spoke to him about it—I do not know whether it was in Oct., it was somewhere in the winter time—I think it was before the commencement of this year—I will not swear it was—I think Fuller was served with a writ for the bill—I have made this charge against the prisoner all through the piece—I told him it was a forgery—I first made
the charge against him when I gave him into custody, I fancy; that was when last Session was going on—that was after Ashley, Fuller, and I had been sued—I spoke to Abraham Fuller about this bill the first time I saw him—I would not undertake to say when that was; it was more than two months, or five months ago—I swear that—I cannot say what month it was in—I had notice of the dishonour of the bill immediately on its being over due—I dealt with the prisoner for bread—I did not know Ashley in the business, I knew he was connected with the prisoner—I will not swear that his name was over the door, for I never saw it to my knowledge—I dealt with the prisoner before he went to this shop, and I dealt with him there as soon as it opened, about two years since.
MR. METCALFE. Q. You say at the time you discounted this bill there were a great many other bills in Jones's hand? A. Yes; but they were my own, that I had received from parties in business—Jones would not let roe have one bill until I had paid the whole, or else I should have proceeded against the prisoner when this bill became due—I paid him about 200l. law expenses upon them—I did not get this bill from Jones above a month or a fortnight before I gave the prisoner into custody—I could not proceed before, because I bad not the document in my possession, don't you see.
ABRAHAM FULLER , jun My father is of the same name as myself—I am a carpenter, and live 17, Henry-street, Vauxhall—the prisoner is a relation of mine—the name of "Abraham Fuller" to this bill is not my writing, nor the endorsement—I could not swear that it is my father's, and I could not swear it is not—my belief is that it is not—I did not authorize anybody to pat my name on this particular bill—I do not know whose writing it is.
Cross-examined. Q. Do you know Ashley, the acceptor? A. Yes; at far as I can say, I should say this is his acceptance—he was a baker, and carried on business at 10, Dorset-street—I always understood the prisoner to be in his service—I cannot say what salary he had—Ashley's name was over the shop—I did not know Mr. Tuhey until some time after this transaction—I did not know him before—I knew him by his being a builder, but I had never spoken to him that I know of—Ashley absconded somewhere about Oct., I think—he is a relation of mine, the prisoner married Ashley's sister, and he is uncle, by marriage, to me—he married my mother's sister, and she was sister to Ashley—to the best of my recollection it was in Oct. or Nov. lost that Mr. Tuhey first spoke to me about this bill—I then gave him my address—the reason I know it was not before Oct., is because I did not go into the house in which I now reside until 1st Oct.—it certainly was not before Oct.—I do not recollect Ashley or the prisoner applying to me for permission to use my name to a bill of exchange—Ashley has asked me on different occasions, and stated that he was in difficult circumstances, and he might have mentioned it—I could not swear that he has not—as to conversations that took place more than twelve months ago, I could not undertake to say one way or the other—there were conversations on the state of his affairs altogether—I will not swear that I did not give Ashley permission to put my name to a bill of exchange for 25l., and I will not swear that I did
COURT. Q. You said just now that you did not give anybody permission to put your name to this bill? A. Not to this bill—I will not swear that I did authorize him to put my name to a bill for 25l.—I might have done it at some time—he might have considered he had an authority, but I never gave him a direct authority to do it—there have often been bill transactions between the prisoner and my father, and Ashley and my father.
MR. METCALFE. Q. You say you may possibly have authorized a bill to
be drawn; what time do you speak of? A. I speak of more; than twelve months ago—I diq not give authority to any one about May, 1848—I frequently had conversations with Ashley at various places, at that time about his affairs, and he then talked of wanting money to redeem the lease of a shop or something, but I do not recollect on those occasions his speaking to me about a bill—I never conversed with the prisoner on the subject—Ashley has said as much as that if he had my name, he could get money on it, but he has never directly put the question to me would I allow him to do it—I do not recollect ever directly telling him that he might do it—to the best of my belief I never authorized this bill to be drawn—I never gave Ashley any direct authority to use my name, though I say there have been transactions between him and my father, and that is the same name; and he might have considered he had authority to do it from me on account of those transactions, in consequence of something I have said to him.
NOT GUILTY .
Before Edward Bullock, Esq
MR. CARTER conducted the Prosecution.
ALFRED WRIGHT . I live at 23, Clandon-street, Walworth. On the Jut day of April, I Went into the skittle-ground of the Red Cow beer-shop between six and seven o'clock, and found the door fastened, so that I could not get out—I saw the prisoner at a window looking into the skittle-ground, and he threw some water over me—I told him to get away, and moved to another part of the skittle-ground out of his way—he then got on the tiles, took one off and pretended to throw some water at me; some one came and let me out of the skittle-ground—he was still on the tiles, and I told him to be quiet, and not to do it any more—I went and sat down in the tap-room, add he came and sat next to me, and got pulling my coat about to pick up a quarrel—I said if he did not be quiet, I would clout his head, and I did box his ears—he had riot then struck me—he jumped up took up the iron poker, and said if I struck him he would murder me, or words to that effect—some one snatched the poker out of his hand, and he afterwards went out of the room—he afterwards came back with some water in a pint pot, and threw it right down my breast, and ran out into the sireet—I had the poker in my band, and threw it after him—he went into the yard, and then came info the room again with an iron saucepan with water in it, and said he would throw it over me—I went up to him, turned the water out, and turned on my heel to go away; and before I was aware of it, he struck me on the bead with the saucepan, and I was senseless for some time; my head was cut and bleedmg.
WILLIAM BELL . I am a surgeon. I saw Wright's head, and found a lacerated wound; the skin was cut through; it appeared to have been dope with some blunt instrument—it was a bad wound—he was confined to his house for a month, and has been very bad since—his head has, been shaved.
GEORGE QUINNEAR (police-sergeant, P), I took the prisoner in custody and was present when the prosecutor charged him with the. assault by striking him on the head with the seaucepan—the prosecutor said, "You "know I give you no provocation whatever, and you have injured me so, that I fear I MB dying"—the prisoner said, "You know we were all larking together; you were as bad as I was."
WILLIAM GREEN . I am a fishmonger. I was in the skittle-ground, and saw the prisoner throw water over Wright three or four times—they were playing together—I afterwards saw the prisoner come into the tap-room with
the saucepan of water—Wright Upset it—the prisoner threw it at him, and knocked him down insensible—his head was cut—he fell on the fender, and his nose was cut.
Prisoner. Q. Did not you see him try to wrench the saucepan out of my hand? A. No, he did not knock it in your face—you did not ran and pick him up, and take him home; you ran away.
FREDERICK JOHN MELLISH . I was in the tap-room at the Red Cow on 3d April, and saw Wright and the prisoner there—they went into the skittleground, and afterwards came back again, and the prisoner sat by Wright's side, pulling his coat about, and teasing him—the prosecutor said he would clout his ears, and did so—the prisoner then took up the poker, and threatened to hit him if he hit him again—the prosecutor did hit him again—Wright took the poker out of the prisoner's hand, and he went out, got some water in a pint pot, and threw it over Wright's breast—he then ran out in front of, the house, and Wright threw the poker after him—he was out several minutes, and then came in again laughing, with some water in an iron saucepan—Wright laid hold of it, and upset the water—the prisoner then threw the saucepan after him; it caught him on the head and knocked him down-Wright did not use any violence in turning the water out—the prisoner teemed a little the worse in temper when he struck Wright—Wright liad not given him any cause to ill-use or throw water over him.
COURT. Q. Who struck first? A. Wright; the prisoner had thrown water over him twice first—Wright did not annoy him in my presence.
Prisoner's Defence, The saucepan slipped out of my hand—we were joking and laughing with each other—I am Very sorry for it. NOT GUILTY .
MART ANN COATES . I am the prisoner's wife, and live In Grange-roatd Bermondsey. On Monday, 7th May, my husband came home very. tipsy about twelve o'clock, and my brother put him to bed—I afterwards went up to his room with my brother; I asked him to go with me—when I got tip, he was lying on the bed—he got off the bed, and began smashing the things—I did not see what he did it with, I was by the door—my brother said he did not like to see him break the things, for he would be sorry, for it to-morrow, and he tried to prevent him—I went in, and received a blow from my husband with the poker on my head; it cut my head, and it bled—I became senseless—a doctor was sent for, and I remained a week in bed.
Cross-examined by MR. BALLANTINE. Q. I believe he is not above nineteen years old? A. He is getting on for twenty-two; we have been married about two and a half years—I have since learned that he has been in a lunalic asylum, but he is no lunatic—when he takes liquor, it affects him very much—my brother was between him and me when I received the blow; I cannot say who it was struck at—I do not think it was done intentionally.
BARTHOLOMEW COTTBR . I am last witness' brother, and live at Deptford. On 7th May I was with the prisoner at the Castle and at the King John's Head—we left there about six o'clock—I accompanied. him home, and pot him to bed—his wife went down to her aunt's, and came back between ten and eleven, and we went up staira—the prisoner jumped off the bed, and began smashing up the chairs and ornaments on die mantel-piece with the poker—I tried to hinder him—my sister came in, and begged me to, keep away from him, and, as she was standing alongside of me, he made a blow at
a chair, which happened to catch my sister across the head, and she fell down—I said, "You have killed my sister, and you shall be punished for it"—I took the poker out of his hand, and put it on the table—he said he was ver; sorry for if, he wished it had been me instead.
Cross-examined. Q. Was not he very drunk? A. Yes, very.
THOMAS SIVIER . I am a greengrocer, at Queen's-road, Bermondsey—I live in the adjoining room to the prisoner—the partition is so thin that I can hear what passes—the prisoner came home about eight o'clock, and between eleven and twelve I heard him request his brother-in-law to go out of the room and go home—he would not do it—they got to words and fighting—I afterwards went with the police into the room, and saw the pro-secutrix lying on the floor, and her brother had the poker in his hand—the brother said it was a serious job, and the prisoner said, "Yes, I wish it had been you instead of her"—I went for the doctor.
Cross-examined. Q. Both the prisoner and the brother were very drunk? A. Yes.
CHARLES MARTIN . I am a surgeon, of Bermondsey. On 7th June I was called to the prisoner's house, and saw the prosecutrix in bed, bleeding from a wound in the head, which had probably been inflicted by a blunt instrument—a poker might do it—there was not much contusion—I attended her ever; day for a week; the wound soon healed.
GUILTY of an Assault. Aged 21.— Confined Two Months.
Before Mr. Recorder,
RICHARD FAIRY . I am a watchmaker and jeweller, of Tooley-street William Lambert has been in my employment about four years—on 5th June I gave him some watches to take to some customers—I told him to be very careful, as I had been knocked down about a week before—I packed them myself—some were put into his waistcoat pocket, and some into his trowsers—while I was doing that I saw the prisoner looking through the window-Lambert was brought back by a policeman in about twenty minutes, all over mud, and crying—the first thing he said was, "I have got the watches safe, Sir."
Prisoner. I was not looking through the window. Witness, I swear it was him, there was no one else—I went to the door, and looked at him hard, and he then went off—the window is about a yard from the door—he was gone when the boy went—from where he stood he could see me gire the watches to the lad.
WILLIAM LAMBERT . I have lived with Mr. Fairy nearly four years. Last Tuesday week, about a quarter-past two, he sent me out with five watches; one was put into each waistcoat pocket, and three into my trowsers pocket-just as I got to the railway arch in Bermondsey-street I saw the prisoner sitting under the shade of it, and just as I got up to him he struck me on the shoulder, and knocked me down—he had not said anything—he tried to get at my waistcoat-pocket; my jacket was not buttoned—I called out," Police"—the police came round the corner, and he ran away—I had seen the prisoner before, and kneu him well by sight, being up and down Tooley-street—I went back with the policeman to my master's.
JOHN HYDE (policeman, M 235). I took the prisoner into custody in Tooley-street, this day week—I told him he had not been seen since he knocked the lad down on Tuesday—he said he had been walking about—he
said, "I knocked him down, because he called me 'Thief'"—I had been looking for him before, and was not able to find him till that day.
WILLIAM LAMBERT re-examined, I did not call him "Thief" at all—when I called out I said, "Police!" not "Thief"—I did not halloo out from apprehension that he was coming to attack me, it was afterwards.
Prisoner's Defence I did not know what he had about him; I did not hock him down.
ANN WELCH . I was standing under Bermondsey archway, telling my things—the prisoner was there playing at buttons, and I heaved a stone at him to send him away; and young Lambert haippening to come by, he blamed him for the stone—Murray shoved Lambert, and Lambert hit him across the legs with two iron rods he had in his hand, and called him a thief—the prisoner shoved him again—he did not fall, he never rolled in the mud at all—I think it was last Wednesday, or some day last week, or the week before; I forget—Lambert came up to me in the Court here on Saturday, and said,"I understand you have come up as a witness"—I said, "Yes"—he said, "I donot think you were there at the time"—I said, "I was," and said, "Do you remember when the stone was heaved you were blamed for it, and then vou said at Union-ball be put his hand into your pocket and took a watch out? you know that is false"—he said, "Yes, I know it is, but I was in a passion."
Cross-examined by MR. PAYNE. Q. Where do you live? A. In Mag-dalen-court—Murray lives in Stoney-lane—I have known him seven years—I see him almost every day—I did not tell the Magistrate this story, I was too late—Murray did not run away—he was not there when the police came up—I do not know what became of him—no policeman came for half an hour—the boy had no mud on him at all—he was shoved about, he was not knocked down—he did not fall at all.
WILLIAM LAMBERT re-examined It is not true what this woman says—I had no conversation with her in the Court—a woman told me the day before she came up that she was corring, and I went up to her, and said, "I understand you are coming up to say I was not knocked down, and that the prisoner did not attempt to take anything out of my pocket"—she said, "Yes," and that was all the conversation I had with her—I did not tell her I was in a passion, and had said what was false—the prisoner was prevented from getting at my pocket by my struggling and the police coming—the policeman came in less than a minute—he had not time to get anything out of my pocket—he placed his hand on my pocket, but could net get it in—I had no quarrel or dispute with him before—I did not see Welch there—I did not see a stone thrown—I had two brass rods in my hand—I had just risen from the ground when the policeman came—the archway is in the next street to my master's house—I suppose it was twenty minutes before I got back to my master's—the policeman and I went round the streets where we thought the 'prisoner ran—he would have got his hand in if the policeman had not come—he was coming to shove me again when he saw the policeman's hat—I was only knocked down once—I was down when he tried my pocket—I got up directly the police were at the corner—he ran away down Griffiths'-rents—that is about twelve yards from the archway, in a different direction to what the police were coming in—I suppose he saw the policeman.
GUILTY .** Aged 17.— Confined One Year.
Before Mr. Common Serjeant
MATTHEWS pleaded GUILTY .**† Aged 20
TRAYLING pleaded GUILTY .*† Aged 19
Transported for Seven Years.
JOSEPH HEDINGTON (City-policeman, 20). I was with Haydon, and followed the prisoners from the London-road to Westminster-road—Matthews and Trayling went to Mr. Minor's, Smith went twenty or thirty yards further up and watched; they went and spoke to him and returned-Matthews ihen took the ticket off the cloth, and Trayling took a pitrel cloth, put it under her under, and went away—Smith was standing close by, and went away directly—they had been together very near half nn hour,
SMITH— GUILTY .* Aged 20.— Confined Nine Months.
WILLIAM FENWICK . I am master of the Hector, lying at Rotherhithe On 21st May I was in bed, heard some one on board, ran on deck, and an man take the cabin-funnel from the vessel—he got into a boat, where there was another man—I called, the police took them directly, and they hove the funnel overboard—the policeman brought them back—they are the prisoners—the funnel produced is mine.
JOSHUA SHAIN (Thames-policeman, 40). I heard a cry of "Police" alt quarter to three o'clock, and saw a boat rowing from the vessel with the prisoners in it—I rowed close to it—Hands jumped overboard before I oil a word to him—Williams ran over á barge and was stopped—I knew them both before—when the tide went down I found this funnel—the water was about three feet deep.
Hand's Defence. I was going across the water in Williams's boat and flipped overboard.
Williams's Defence. I was taking Hands over the water and saw two men run over the barge.
HANDS— GUILTY .** Aged 30.— Confined One Year
WILLIAMS— GUILTY . Aged 21.— Confined Six Months
AGETE pleaded GUILTY .* Aged 13.— Transported for Seven years.
MART ANN AGETE . I am a widow, of 5, Dorset-street—Agete is my son—I missed a great number of things, accused the prisoner of it, and he told me where they were—I went with a constable to Murton's house, and he
said he believed he liad got so, me of them—we found two flat-iorns a razors and a pair of pincers, which are mine.
GEORGE WILD (policeman, M 94). I went to Murton's houset searched and found the things—he denied having seen Agete, and when he was-brought before him at the station he said, "That is the boy I bought them of'"I live in the same house as Agete, and have suffered a great deal by him I have been as good as a father to him a long while—Morton keeps a shop of old things, and buys things of boys.
Marions Defence I asked the boy how he came by the things; he said he had them of his mother, who did keep a shop and was selling off.
MURTÓN— GUILTY . Aged 77.— Confined Three Months
(There was another indictment against the prisoners).
Before Edward Bullock, Esq
GIORGE LITTLE (Thames-policeman, 42). On 30th May, about half-past two o'clock in the morning, I saw two persons run away from a vessel lying off Bermoudsey—I got out of my boat, ran after them, lost sight of them for about two minutes, and then caught sight of Taylor; I did not know him before—I ran after him 300 or 400 yards, caught him, and as I brought him back we met Clifton, who gave me this jacket (produced), and said, "I saw that person drop this jacket"—Taylor said, "No, you did not"-"Taylor laid he had been to the fair—I went on board the schooner and saw Robert Dunbar there.
HENRY CLIFTON (policeman, M 229). About half-past two o'clock, on 30th May, I was on duty in East-lone, Bern Sondsry, and saw the prisoners together, coming towards me from the steps leading to the Thames—they made A bit of a slop—Taylor dropped the jacket and ran back, Harvey passed me—I picked it up, and met Little and Taylor.
PETER MORGAN RANDELL . I am a sailor. I was in Horsemonger-lane Gaol, churned with taking something from a ship—Taylor was there, he asked me what I was there for, and I asked him what he was there for—he told me it was Cur taking a jacket and watch from the Scotch Lassie—he said he took them out of the mate's berth—I asked what he had done with them—he would not tell me.
Taylor, Q. You said to me, "Did you steal it?" A. Yes, and you said, "Yes." NOT GUILTY.-
Before Edward Bullock, Esq.
Messrs,-Scriven and Clerk conducted the Proterutum.
ELIZABETH LEONARD . I am the wife of Frederick Leonard, of Regent-street, Lambeth. On 12th April the prisoner came, to my house at six o'clock is the evening to look at my apartments—I asked him 3s. 6d. a week for them—he said he would take them from the Saturday, and come in on the Monday, and asked if I would take off sixpence a week as he had no
family—I agreed to do so—he referred me to 16, John-street, Lambeth walk, and said he would leave sixpence deposit—he gave me half-a-crown-my husband had just come in from work—he gave me two shillings which I gave to the prisoner—I went after the reference; there was no such persons known—I gave the half-crown to my husband; he afterwards gave it at back—I went out and met Bissett, and pave it him—from the time my husband brought back the half-crown, I had it in my pocket till I gave it the officer. I had no other money.
FRBDEIUCK LEONARD . I received half-a-crown from my wife on 12th April—I went to the public-house, and found it was bad—I did notion sight of it there—I took it home and gave it my wife—it was the same she gave me.
ELIZA ALDRIDGE . I live at Kennington. On 12th April the prisoner came and asked what apartments I had to let—I told him the first-floor-we agreed about the terms, and he offered me a deposit—he asked if I wished a reference—I said, "Yes"—he said, "29, John-street, Lambeth"—I went and found no such person known there—he gave me half-a-crown—I gave him 1s. 6d.—I put the half-crown in my pocket where I had no other money, it remained there three-quarters of an hour, I found it was bad, I new lost sight of it, I gave it to the police-sergeant the same evening.
GUILTY . Aged 30.— Transported for Ten Years.
DUGGIN pleaded GUILTY . Aged 19.— Confined Six Month.
CHARLES HUNT . I live with my father John Hunt, a bone-boiler. On 6th May, I saw the prisoner at a barge, loaded with bones, belonging to Mr. Mansfield, a lighterman, at White Hart-dock, Lambeth—I knew them before—Duggin was on the barge, and Church in a boat by the side of it—I saw some bones in the boat of the same sort as those in the barge—I went up to them, Duggin jumped off the barge into the boat, and Church rowed the boat away—I told the lighterman, and he went in the direction the prisoners had gone—the prisoners came back with the boat—Duggin said to me, "Master, if you will Jet us, we will put the bones back?"—they had them in a basket—I threw out the boat-hook and tried to catch their boat, but could not—they rowed away to Vauxhall-bridge—Mansfield went after them with an officer and brought the boat back—I saw about 120lbs. of bones in the boat, the same sort as those in the barge—some other bonrt were found between two barges, about thirty or forty yards from the barge—they were the same as those in the barge—the value of the whole was about 16s.
HENRY MANSFIELD . I am a lighterman, in the employ of Mr. Hunt—I was called and saw the prisoners forty or fifty yards off with bones in their boat—Church was chucking bones out between two barges—I called out to them
to row back, and they rowed back to the barge—tney saw Mr. Hunt and they rowed away—I pursued them—they left the boat ashore—I knew them both.
Church's Defence. I was not in the barge; I wanted to get out of a brick barge, and he said, "Jump in the boat," and I did.
CHURCH— GUILTY . Aged 14.— Confined Six Montht.
Before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined One Year.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ELIZA HOLLAND . I am barmaid at the King John's Head, Bermondiey. On 12th May, Nicholson came to the bar between ten and eleven o'clock at night for half a quartern of rum—I gave it her—it came to 2 1/2 d.—she gave me a shilling which I put into the till and gave her 9 1/2 d.—there was no other shilling there—I saw the policeman soon afterwards—I opened the till, took the shilling out, and gave it to the policeman—no other shilling had been put in.
WALTER MORRIS . I am a baker of Long-lane, Bermondsey. On Saturday night, 12th May, Nicholson came to my shop between ten and eleven o'clock; she bad two half-quartern loaves—she gave me a shilling—I just noticed, that there was reading on it "One shilling"—I put it into the till, and gave her change—my house is about fifty yards from the King John's Head—after she had gone, the constable came in—I opened the till and found five shillings, but only one of them had reading on it—the others were all old shillings—I am certain I gave the constable the shilling I got from Nicholson.
PHCEBE FLOWER . My husband keeps the Druid's Head, Necktager-road. On Saturday night 12th May, Harden came between eleven and twelve o'clock for a glass of sixpenny ale and a cheroot, he gave me a bad shilling—I kept it a moment, marked it with my teeth, and gave it him back—this is it produced by Whitlamb—here is my mark on it.
Harden. Q. Did you bend it? A. No; I did not put it into the till—you said, "I was not aware of it; I think you are mistaken"—I said, "I am satisfied it is bad," and you gave me a good one.
HANNAH PRLBSTLY HANCOCK . My husband keeps the Star and Garter, Neckinger-road. On the 12th May, Harden came between eleven and twelve o'clock—he had some porter, and gave me a shilling—I placed it in the bowl in the till—while he was there the policeman came in, and my daughter went to the till instantly and took out a bad shilling, which laid on the top of the other silver, placed it in the detector and broke it in two—this is it (produced).
Head, and put a bottle on the bar—she came out and joined Harden—I went and received this bad shilling from Holland—the prisoners walked and talked and Nicholson went into Mr. Morris's, about fifty yards from the public-house, and purchased two half-quartern loaves—she then came across to Harden—he took a handkerchief from a basket, spread it on the pavement, and tied the loaves up—I went and received another bad shilling from Mr. Morris—the prisoners then went to the Neckinger-road talking—Harden then went to the Druids' Head—I waited till he returned—they then joined and went to the Star and Garter—Harden went in—I went in directly afterwards and saw him put down a shilling—I spoke to Miss Hancock—she went to the till, took out a bad shilling, broke it, and gave it to me—I told Harden I wanted him for uttering base coin, he said he had not—I said I should take him—I came out, Nicholson was outside; I said I should take her for being with the man—she said she had not—they denied all knowledge of each other—she had two half-quartern loaves, a bottle and some rum, and two pieces of butter, and the man had some money—some addresses were given me which proved false—Mrs. Flower told me I should find a mark on the shilling, which I did, on this broken one.
Harden. Q. Did you not say you wanted me on suspicion of beingi thief? A. No; I said I knew you to be an associate of thieves; you laid you were a gentleman by birth and education, and that I was a vagabond and a rascal; you broke my arm at the station when I was ordered to assist I the two constables who had got you.
WILLIAM WEBSTER . I am an inspector of coin to the Royal Mint—these three shillings are all counterfeit—the broken one passed by the man, and one of those passed by the woman, are from the same mould.
Nicholson's Defence. The person who was with me called for some gin; I did not pay for any thing.
Harden's Defence. The shilling was put in amongst a bowl full of silver; any one is liable to have a bad shilling; I am innocent.
NICHOLSON— GUILTY .* Aged 44.
HARDEN— GUILTY . Aged 37.
Confined One Year.—(See page 211.)
JOHN COOK . I am a builder. On 28th April I saw two men with some sashes slung between two poles, coming in a direction from Mr. Gover's house—I believe the prisoner to be one—I told Mr. Gover—I found some sashes were gone from his house.
GEORGE COOK . On 28th April I saw the prisoner and another man carrying eight or nine pairs of sashes on a pole, about half-past six o'clock is the morning, about twenty yards from Mr. Gover's houses.
was one of the men who drew it—when I first saw him he was about twenty yards from Mr. John Gover's house—I followed the truck and counted the sashes—I believe them to be Mr. Gover's—they were similar to his; it was about seven o'clock in the morning.
Cross-examined by MR. HORRT. Q. You never saw the sashes till they were there? A. No.
Cross-examined. Q. Were you near the house? A. About fifty yards off; the prisoner could see me if he had looked—there are five houses—Mr. Cook's house is near Mr. Gover's—I could see these were taken from Mr. Gover's.
CHARLES CLARK (policeman, P 108). Hunt pointed out to me the house that the sashes came from, it was Mr. John Gover's—there are five unfinished houses; this is the third house—the sashes were deposited there, and locked up—I took the prisoner, and charged him with being concerned with another person in stealing some sashes belonging to Mr. Gover, he said he had not been there since Christmas—I produced this white cap, and Hunt said it was like the one the prisoner had on.
WILLIAM MORTEN (police-inspector). I produce a certificate of the prisoner's conviction—(read—Convicted Nov., 1846, and confined six months)—he is the person; he had been tried a month before that with another person.
GUILTY .† Aged 22.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution
JOSEPH JOSEPHS . I live in Swan-street, Dover-road, and am in partnership with Judab Joseph and another; we are furriers—John Boots was in our service when he was taken, and Joseph had been, but was not then—on 26th May, 1 was awoke by my servant, between six and seven o'clock in the morning—I went down and saw the policeman Wild—from what he said I went to my warehouse; the door was not fastened—I went to the station, and saw a bag of rabbits' down, which I have no doubt was ours—our warehouse contained down of that description—I have no doubt that the bag was ours—John Boots did not sleep on the premises—it was his duty to see that the warehouse was safe at night, and to bring the keys to our counting-house, which he did—he had no right whatever to be there at six in the morning—eight was his time.
John Boots. All the time I have been there that door has not been fastened. Witness. It was his duty to see that it was fastened—he locked the door down stairs, but left the loft-door merely closed—he could get in there from below by means of some crates.
GEORGE WILD (policeman, M 94). I was watching thsee premises in Union-yard on 26th May—I concealed myself in a cab which stood there without a horse—I was able to see the premises—I had been there three or four minutes when I heard some persons talking—I saw the prisoners talking together about five or ten minutes before five—John then got up some crates, and got into the warehouse—he pitched out a bag of down, and jumped upon
it—he went back to where Joseph was, and said something, and Joseph came I and looked in the cab—I took them both towards the station—John slipped his jacket and ran, I ran and took him—Joseph had been in a position where he must have seen all that was going on.
Joseph Boots. Q. Did you see me near the premises? A. Yes, in conversation with your brother—I had seen you two or three minutes before you came to the cab.
Prisoner. I went to speak to my brother, and he said, "There is some one in the cab." I went, and there was you, with a prostitute; the female came out at one door, and you at the other, and her petticoats were all up, Witness. You may say so, but it was not so—I admit there was a female with me.
John Boots. Q. How came you with your belt off, and your cape off, and your rattle out of your pocket? A. That is my business, I expected to have to take you both, and was prepared for you.
Prisoner's Defence. On 26th May, at five in the morning, my brother Joseph came to Union-yard, where I reside, to accompany me to the van office, near the Compter, expecting that morning to receive a parcel from my sister, who resides at High Wycomb, Buckinghamshire, agreeably to a promise made to me by her a week previously; as soon as my brother Joseph had aroused me, he proceeded to the top of the yard into Cole-street, which is about thirty yards from my dwelling; as soon as I had dressed myself, I went to my master's stable and loft, to see all things were safe, as is usually my practice the first thing in the morning: on arriving there I ascended the loft, and having on the previous day, Friday, the 25th May, left a bag of rabbit-down below in the yard, I endeavoured to make room for it in the loft, but in so doing, had the misfortune to knock down another bag. I then descended from the loft, for the purpose of fetching my brother to my assistance, whom I found still waiting for me in the road. We returned together; and as we passed down the yard, we perceived a cab standing in the yard, which had arrived there about half an hour previously; perceiving a tremulous motion from the same, our curiosity was excited, and I made a remark, I did not care who was there, I would look in, when to my surprise I found a policeman having connexion with a female; he jumped out of the further door, the female endeavoured to escape by the door at which my brother and myself stood, which prevented her egress for a short time; her person was then exposed, and her dress in a disordered state; the policeman then rushed round the back of the cab, and caught hold of me, upon which I remonstrated; he then stated he had been watching me all night, and said he should take me into custody, and my brother also, and proceeded with us to the station-house. On my way I requested the policeman to go with me and call my master, which he refused; I then endeavoured to escape from him, and go to my master myself, which the policeman and another prevented. The policeman states he was watching me all night; if so, it could not be in the cab, and his companion, it appears, was quite sufficient to draw off his attention. The facts are simply these, I detected him, and not he me, in the neglect of his duty, and in a criminal act, for I make no doubt, upon inquiry he will be found to be a married man, probably with a family, and in order to save the publicity of the case, and himself probably reported, he had no other alternative left than to trump up the charge against me to save himself. I have lived seven years with my present masters, and have not even so much as been suspected of a robbery, and feel proud in assuring this Court I am both
an honourable man and a faithful and honest servant, to all of which facts my masters can truly testify.
JOSEPH JOSEPHS re-examined. He has been with us between six and seven years—we placed the greatest confidence in him, but since he has been in custody we find we have been very much deceived in him—I find a great deal is gone—it appears it has been taken away regularly in the morning.
COURT to GEORGE WILD. Q. Who was this woman? A. I would rather not say, because there has been a threat held out by parties belonging to the prisoners, and they are associated with a very bad lot—that woman gave me information—I swear that—I was not in the cab three minutes—I am married—my wife and child are here.
JOSEPH BOOTS— GUILTY . Aged 37.
JOHN BOOTS— GUILTY . Aged 31.
Confined One Year
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
ANDREW SHAW . I am a baker, of Webb-street, Southwark. On 17th May, about five o'clock, I was returning from a vestry-meeting, and met Bridge and Webber in Bermondsey-street—they said, "Mr. Shaw, won't you treat us to-day?"—I went to the Adam and Eve—the publican is a customer of mine, and Hill has had dinners frequently baked at my house—I gave Bridge and Webber some gin or rum at the Adam and Eve—I had not taken much before that—I went with them to Hill's house, which was in my way home—it is in what is called a court, but it is a public thoroughfare, where I have been hundreds of times—Hill was in the house, and 1 think Daley, but I am not certain—after I had treated them to some more spirits, I was going towards the door—they shut it, and Hill swore I should not get out—Bridge then pulled at my watch-chain; it broke, and she got the two seals and a ring—I laid hold of the handle of the door to open it, but could not—Webber punctured the baek of my hand with a pin, and Hill took off my hat and threw it behind her to the other end of the house, and struck me in my face—my nose bled profusely—she tore my shirt out of my trowsers and tore it in half, and my eye was blacked—I had not done anything except calling the neighbours—I at last succeeding in getting out—I had 6s. or 7s. in money—I have not got my property since—I am not sure that Daley was amongst them—they were anxious to detain me, but I said, "No," and they shut the door—they ill-used me, and I called "Murder!"—there were, I dare say, a hundred persons in the court—it was at five in the afternoon.
Cross-examined by MR. BIRNIE. Q. How did the crowd outside use you? A. They said it was a shame—none of them pelted or ill-used me—I informed the police that evening—I believe the policeman came down
the court before I got out of the house—we had not dined at the veatry—I had had two or three glasses, may be—they only took Bridge at first—she said she took the seals—I did not have-the house searched, as my seals were gone by Hill's husband, who lives on prostitution and robbery—it was merely kindness on my part to go there—the whole court deals with me for bakings and other things—I did not go up to the bed-room with one of the women I did not think that Hill bore the character she does—I have never heard anything against her particularly—I never was in the house before—when I went in, I saw Hill in the room below-stairs—I swear I did not go up-stairs with either of the prisoners—we all four remained in the room down-stairs—Mrs. Hill swore I should not go—she did not ask me for any money—she said I should not go home because she wanted robbery—she was not the first person that had hold of me; it was Bridge, I think—Hill took off my hat and gave me such a blow that I thought my nose was broken—she did not ask me to pay for the room I had hired up-stairs—I did not hire the room—I hold the situation of overseer, and have gone to the vestry to relieve the pensioners.
ELIZABETH EAST . I am servant to Mr. Shaw. I knew he had been attending a vestry-meeting, and I heard he was being murdered—I came out about five in the afternoon—I met him coming home—he had no hat, his face was covered with blood, and his shirt was torn and covered with blood—I took him home—the constable came—my master and the constable and I went to Hill's home—we found Hill and Bridge there—my master said be should like to have Hill taken, but he did not positively say—Bridge said, "Don't have the landlady taken, take me; I took the seals"—I asked her to give them back—she said, "I have not got them."
Webber's Defence. The pricking his hand might have been done by accident by the pin of my shawl; I never lifted my hand against him.
ANDREW SHAW re-examined. I rather think she did it on purpose—I think it was done but once with her hand to prevent my getting the door open—I am fifty years old—I think you went to the Adam and Eve; I could not swear it—Bridge went with me.
Bridge. He told us to go up-stairs and he would follow; he went up-stairs with me first; I told him to give me half-a-crown and a shilling for the room—he then went up with Daley. Witness. I did not.
(MR. BALLANTINE withdrew from the Prosecution.)
NOT GUILTY .
Before Edward Bullock, Esq.
MATTHEW ANNAN . I am a smith, of Gravel-lane, Southwark. I went on 30th March to work for Mr. Hussey, in Red Lion-street—the prisoner was at work there on 3d April—he and two others were discharged by the master—they got their money about 11 o'clock—I was at work the same afternoon—the prisoner and another brother, who has got his sentence, came in between 2 and 3—his brother said to me, "You b—r, you think you have got my job"—I said I had not, and if he thought otherwise, to go to Mr. Hussey and settle the matter—he took up a hammer and struck me with it, and the prisoner, who stood by, cried, "Go it, stick it into him, pitch it into him"—I warded off the blow with a pair of tongs and a hot ring—I got away from him—the prisoner laid hold of me, we got into a scuffle, he threw me down with my face near the fire—after that I received a blow on the head, and was felled to the ground senseless—the prisoner went at me with his feet
all over every part of my body, till another person came and took him away—I was taken to the hospital.
Prisoner, You threw me down on the fire, and commenced kicking me. Witness. I never did anything of the kind—he had got a drop of liquor, but be knew perfectly well what he was doing.
THOMAS ALLEN . I saw the three brothers come into the place—they seized Annan—William Hall struck him on the head with a hammer—the prisoner got him on the forge, and got his face on the fire—he got his face grazed a little—he got him on the ground and kicked him—he had said to the other, "Hit him, you b—r, hit him"—he was rather intoxicated—he knew what he was doing.
WILLIAM WEBSTER . I am a smith. I saw William Hall come in the shop—he laid hold of Annan, and struck him with the hammer—he got away, and the prisoner seized him, and forced him on the forge—the little brother then got up behind him—they got him on the ground, and the prisoner began kicking him.
Prisoner's Defence. Annan was having a few words with my brother; he held up bis tongs; he then came and hit me with them; we got hold of one another, and he rolled against the forge; while he was on the top of me the other hit him with a piece of iron on the head; we were having a fair fight.
GUILTY of an Assault. Aged 19.— Confined Two Months.
ADJOURNED TO MONDAY, JULY 2ND, 1849.