CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 17TH, 1849.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, 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 COUNTIESOF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, September 17th, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE , Knt., M.P., LORD MAYOR of the City of London: Sir Thomas Joshua Platt, Knt., One of the Justices of Her Majesty's Court of Exchequer; Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Charles Farebrother, Esq.; Thomas Kelly, Esq.; Sir Chapman Marshall, Knt; John Humphery, Esq., M.P.; and Sir George Carroll, Knt.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: William Hunter, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq., M.P.; and William Lawrence, Esq., Aldermen of the said City: John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS QUESTED FINNIS, Esq., Ald
JACOB EMANUEL GOODHART, Esq.
JAMES EDWARD SHEARMAN, Esq.
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
DUKE, MAYOR. ELEVENTH 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, September 17th 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. KELLY; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. CHALLIS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury.
NOT GUILTY .
(The prisoners Storey and Gledhill were also indicted for wilful and corrupt perjury, upon which MR. PARRY offered no evidence.)
1702. WILLIAM JARVIS , for embezzling 2 sums of 3d. and 3 1/2 d., which he had received on account of James Drummond, his master: to which he pleaded GUILTY . Aged 16.—Recommended to mercy.— Confined Seven Days.
GUILTY . Aged 31.— Confined One Year.
GUILTY . Aged 32.— Confined One Month.
GUILTY .† Aged 24.— Confined Nine Months.
GUILTY . Aged 22.— Confined Four Months.
NEW COURT.—Monday, September 17th, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
(MR. BALLANTINE offered no evidence.)
NOT GUILTY .
JAMES WESTMORLAND (policeman, C 27). On 7th July, about half-past five o'clock, I saw the prisoner in Gilbert-street, Grosvenor-square, with this carpet bag under his arm—he was coming from Oxford-street—I asked him where he got it—he said he bought it—I asked where—he said he should explain that to the Magistrate—I took him to the station, and left the bag in the inspector's care.
Prisoner. Q. Do you swear this is the same bag? A. Yes—I get 1s., 6d. for attending against you—I attended last Sessions from Tuesday till Monday—I stated that the prosecutor was ill—I believe he had a touch of the cholera—I did not bring a certificate—he was not confined to his bed, nor to his bed-room, that I am aware of—I saw him in the street.
FREDERICK ROYD . I am in the service of Mr. William Yevily Hill, of Wigmore-street—he sells carpet bags and trunks. This bag is his—I was with him when he bought it—I know it by the private mark on it—I saw it safe on Saturday morning, 7th July—we did not miss it till the policeman told us of it.
Prisoner's Defence. I bought the bag of a commercial traveller; I was going to a shop to get a key for it when I was taken.
GUILTY . Aged 45.— Confined Twelve Months.
MR. CHAMBERS conducted the Prosecution.
HENRY BIGG . I was in Messrs. Baker's employ up to May last—I entered their employ in Jan., and in May I was taken into custody. At the June Sessions I pleaded guilty to robbing them—the prisoner was their foreman—they are large meat contractors in Newgate-market—they supply the Model Prison at Pentonville with meat—it was the prisoner's duty to take the meat there every day—it was weighed out to the different contracts between five and eight o'clock in the morning, and the weight put down, and when weighed it was put on one side of the shop in trays, separately, and then taken out in carts—on 17th April the prisoner drove the cart to the Model Prison—after the meat was weighed, and before it went, I saw the prisoner in the shop—I took out the tray, and put it into the cart—I then took a leg of mutton, a leg of beef, and some steaks, to the cart, which had not been weighed—I saw where they came from—the prisoner took the leg of mutton from the rail in the shop—he asked me whether I knew how many there were—I said," No"—Mr. Baker had just gone out of the shop, and the prisoner told me to
give an eye to Mr. Baker that he was not looking while he took one leg down—he took also a leg of beef from the rail—he cut it from a quarter of beef, and about 4lbs. of steaks—he put them into a tray, and told me to take them to the cart—they were not weighed—there was no one in the shop but the prisoner and me—I put them into the cart—the horse-keeper was there, he told me there was a leg of mutton that did not belong to the Model meat—I know this was on 17th April, because I was going out for a holiday.
Cross-examined by MR. HUDDLESTON. Q. Have you been sentenced? A. No; I do not know whether I shall get anything if I succeed here—I have not been promised anything—I have not spoken to anybody about this but Mr. Humpreys, my solicitor—I am waiting to know the result of this to see what I am to get—I did not say anything about these other men having committed any robbery till I had pleaded guilty.
JOSEPH HARDY . I am horse-keeper in the service of Messrs. Baker, of Newgate market. On the morning of 17th April I saw Bigg put some meat into the cart for the Model Prison—after that I saw him bring a round tray, with a leg of mutton, and some beef without bone—I said to him, "That is not Model meat;" and he said, "That is all you know about it"—the prisoner was not there then—the meat was put into the cart, and the prisoner drove it to the Model Prison—it was his duty to take the cart there, and it was my duty to prepare the carts and bring them up—I was induced to make the remark I did, because I had been in the shop while the prisoner and Bigg were there, and no one else; and one of them, I do not know which, had a leg of mutton in his hand, and when I went in he laid it down, and not many minutes afterwards I saw the meat brought out; it was taken away.
BENJAMIN BLOOMFIELD BAKER . I am the son of Charles Baker, and am in partnership with him. The prisoner was our foreman up to July—we serve the Model Prison with meat—we send out perhaps 800 or 1000 stone of meat a day—the practice is to weigh the meat from five till eight o'clock for the different contracts, and put it by in separate trays—when the meat was weighed it was called out to some one, and the weight put down—none of our men had liberty to take out meat that had not been weighed—I did not know of any meat being taken to the Model Prison on 17th April that had not been weighed—it was done contrary to our orders—it was the prisoner's duty to drive the cart to the Model Prison every morning.
NOT GUILTY .
OLD COURT.—Tuesday, September 18th, 1849.
PRESENT—Mr. Ald. HUMPHREY; MR. RECORDER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Second Jury.
1710. JOHN WILLIAMS was indicted for feloniously breaking and entering the dwelling-house of George Hamilton Roe, and stealing therein 1 gold chain, 4 studs, and other articles, value 59s.; the goods of Charles White: to which he pleaded
GUILTY . Aged 34.— Confined Nine Months.
1711. WILLIAM RAISIN , stealing 31 sovereigns, 47 half-sovereigns, and other moneys; of Henry Ashby and another, in their dwelling-house: and 8 sovereigns, the moneys of William Simms Horner, in the dwelling-house of the said Henry Ashby; to which he pleaded GUILTY . Aged 19.
MR. ASHBY. The prisoner was formerly in my service, and left me two
years ago—a female servant of mine, who kept up an acquaintance with him, invited him to the house, and he must have remained there, and then broken open the drawer where the money was kept—I have recovered nearly all the money—he left it with a publican in the Strand—I wish to recommend him to mercy on account of his youth, and the respectability of his father, who had lived for many years in the service of my late partner's widow, and is very much respected—he has promised to send him as an emigrant to Australia—he does not seem to be connected with thieves, and I am in hopes he may be reclaimed—he was discharged from our service for some petty theft—he is single.
Transported for Seven Years.
ROGERS pleaded GUILTY . Aged 13.— Confined Six Months.
BROWN pleaded GUILTY .* Aged 23.— Transported for Ten Years.
GUILTY . Aged 37.— Transported for Seven Years.
MESSRS. CLARKSON and WILDE conducted the Prosecution.
EDWARD JOSEPH BODDY . I am a clerk in the Writ-office of the Queen's Bench, Inner Temple. On 10th July a writ of summons was taken out by Robert Dailey against Frederick Bennett—I produce a precipe for that writ—a capias was duly issued by the same party that same day—I produce an order of Mr. Justice Patteson.
NATHANIEL RICHARD BRASSEY . I am clerk to Mr. Justice Patteson. I produce an affidavit signed by the Judge—this order has the Judge's initials to it—it would be drawn up on reading this affidavit—my initials are to the affidavit; that enables me to say that I swore the party.
FREDERICK BENNETT . The signature to this affidavit is the defendant's writing—(read)—"Robert Dailey, of No. 40, Chapel-street, Brixton, in the county of Surrey, soda-water manufacturer, the above-named plaintiff, maketh oath and saith; that Frederick Bennett, the defendant in the suit, before and at the the time of the commencement of the suit, was, and still is, justly and truly indebted to this deponent in 27l. 3s. 4d., for money lent and advanced by this deponent to the said defendant, and at his request, for balance of wages due and owing from the said defendant to this deponent, and on an account stated and settled; and this deponent further saith, that he, this deponent, was on Thursday, the 5th of July instant, informed by one John Redding, then in the employ of the above-named defendant as a warehouseman at the manufactory of the said defendant, situate in Holland-street, Brixton in the said county of Surrey, and verily believes such information to be true, that he, the said defendant was about to quit this country; and he, the said John Redding, at the same time informed this deponent, that the said John Redding had, by the orders of the said defendant, removed his, the defendant's, wearing apparel, contained in four boxes or trunks, to the house and premises of one Mr. Rawlings, near the Bank of England, for him, the said Mr. Rawlings, to forward the same to a vessel destined to Australia, now lying in the river Thames, or within its docks, and in which vessel he, the said defendant, informed the said John Redding, he, the said defendant, was about to sail, on or about the 12th day of July instant; and this deponent further saith, that,
for the reasons aforesaid, he verily believes that he, the said Frederick Bennett, is about to quit England, unless he be forthwith apprehended, in order to avoid the payment of his just debts: and this deponent has been crediby informed that the said defendant has sold the whole of his property and business; and this deponent further saith that he hath caused a writ of summons to be sued out of this Honourable Court, at the suit of this deponent, against the said defendant, a true copy of which is hereunto annexed. (Signed) ROBERT DAILEY."
FREDERICK BENNETT . I am a soda-water manufacturer, and carry on business in Holland-street, Brixton-road. In March last year I took the prisoner into my service as bottler, and he continued so up to Saturday, 30th June—I discharged him that day, in consequence of his making use of very insulting language towards me—his wages were 30s. a week—he lived in a house on the premises, for which he was to pay me 20l. a year—he came to my house on the Monday morning for the keys of the factory—I did not let him have them—I told him he was discharged, and he said, "Then, by God! I will ruin you"—I never had, while the prisoner was with me, a man of the name of John Redding, or any person who went by that name—I do not recollect ever hearing of such a person—the prisoner must have known that I had no such person—I think I can answer that I never had a man whose real name I did not know—on 10th July last I was arrested in Brixton-road in the public street, near where I live, and Mr. Biden of Cheapside, and another gentleman, became bail for me immediately—I never had the slightest intention either to quit this country or avoid my creditors—I know Mr. Rawlings, of Lothbury—I never sent him any boxes for the purpose of their being shipped on board an Australian vessel—I never sent a man named Redding, or any other person, to carry any boxes to Mr. Rawlings for that purpose—I have not sold my business or property, or had the slightest idea of it, or of discontinuing it.
Cross-examined by MR. COOPER. Q. When was this action commenced by Dailey against you? A. On 10th July; it was for 27l. 3s. 4d.—it is still going on—I have put in a plea of, never indebted—I received a recommendation and a good character with the prisoner from Mr. Harrington Bird—I had a man named John Cooper in my employ; he was discharged about twelve months ago—I have not the slightest idea where he now is—since Dailey left I have had James Thomsett, William Wilson, John Garrett, and son of Wilson's, whose name I do not recollect, in my employ, and a man named Thomas, whose surname I cannot recollect, but it is well known to my man—the prisoner was on my premises after he was discharged once, on 4th July, and again on the 10th—I always had a good opinion of him while he was in my employ—I do not know that he made many mistakes—he merely had to bottle soda-water and lemonade—he had nothing else to do with the business—I have borrowed money of him more than once, for the purpose of keeping the accounts—it is impossible to say how many times I have done so—it has repeatedly happened, according to the arrangement between us—there was no partnership between us—I have occasionally given him I O U's—I have never been to Australia, my brothers have; they went in 1838—I have never spoken of a wish to go—I do not owe John Cooper any money—I employed a man named Rickets, of Bristol, for bottles—I never borrowed money of Dailey to pay him, or to pay Mr. Wenham for lodging, or Mr. Groom for corks, or Mr. Barr for wire.
MR. CLARKSON. Q. Who was John Cooper? A. The son of my then partner—I discharged him twelve months ago—Dailey was then in my
service, and knew Cooper was discharged—Cooper never went by the name of Redding while in my employment—there was no such man as Redding in my service as warehouseman in July last—Garrett and Thomsett are both here—Wilson did not come into my service until 5th July, therefore he was not called—he is now at my warehouse—the prisoner held this house under me, and I have been in the habit occasionally of keeping such a balance in hand as will cover the rent of the house—that will account for the I O U's—I gave them as security in case of death—we have always had a running account of wages, so as to keep such a balance in hand as would cover the rent—that has been my arrangement with regard to it, without of course the knowledge of the prisoner—I have given him receipts for the rent as it became due, and deducted it from the amount then due to him—I do not owe him 27l., or anything—he has one I O U which ought to have been given up to me at the last quarterday—Thomas Wood is the name of the other man who I employed—he is not here—he was merely a casual man to turn the wheel, and so on—he never went by the name of Redding—he did not come into my service till 14th or 15th July, after the affidavit was made—while the prisoner was there I had a man named Shehan in my service, a boy named Cray, and a girl, Mary Conner—none of them went by the name of Redding—the prisoner knew the names by which they went—I paid him his wages when I discharged him, and also gave him 1l. 16s. to pay his daughter 9s. weekly wages, Cray 6s., Conner 6s., and Shehan 15s.—when I discharged him he said nothing about a Mr. Redding, or anything of the kind—he knew Cooper by the name of Cooper—my father was in the habit of coming to my place every day, and sometimes two or three times a day—he would have an opportunity of knowing who was in my employ.
WILLIAM BENNETT . I am the father of the last witness, and live at 5, Stockwell-place—I have been in the habit of repeatedly visiting my son's business, and knew the persons by name who he employed—about 10th July there was no person there of the name of John Redding—my son never mentioned to me his intention of leaving the country—I know a person named Rawlings, who lives near the Bank—I am not aware of any boxes of my son's being sent there.
Cross-examined. Q. Have you never known anybody give you a wrong name? A. I cannot charge my memory—such things may occur, especially when people are giving information which may not be pleasant.
JOHN GARRETT . I am in Mr. Bennett's employ, and drive the cart—I was in his employ on 10th July last—I know the names of the persons Mr. Bennett employed at that time—I never heard of a man there named Redding in the employ—I never went by that name, or used it—we never had a person named Redding in the employ—I never told the prisoner that my master was going abroad—I never heard that he was—I believe the prisoner paid the men their wages every Saturday night—master paid him, and he paid the men.
Cross-examined. Q. Did you ever hear him talk about Mr. Bennett's brother going to America? A. No.
Cross-examined. Q. Have you never in your life mistaken one name for another? A. Not if I saw it before me—if a man in a hurry has told me his name I have generally remembered it—John Cooper left Mr. Bennett's employ before I went.
North Brixton. I know Dailey—I knew that he left Mr. Bennett's—he came to see me after that—he did not then make any statement to me as to what Mr. Bennett owed him.
JOHN GARRETT re-examined. I think Cooper was a partner, but he left before I went there—I have heard Dailey speak of him—I never heard Mr. Bennett speak about him—I have always understood from Dailey that Cooper was employed in the warehouse as a partner.
MR. BENNETT re-examined. John Cooper was town traveller, and was not employed in the warehouse at all—there had been a quarrel with him—he did not leave before the prisoner came—I do not know where he now is.
GUILTY . Aged 56.—Recommended to mercy by the Jury on account of his age.— Confined Fifteen Months.
GUILTY . Aged 17.— Confined Nine Months.
MR. BRIARLY conducted the Prosecution.
WILLIAM BROOKE . I am a salesman in the employ of Robert Spence and Co., general warehousemen, of 5, Love-lane. On 30th Aug. the prisoner brought a pattern of black satinet, and asked me for a length of 32 or 33 yards for two dresses, and said he came from Griffiths', in the Strand—they are customers of our house—I believed he came from them, and gave the satinet to Haile.
GEORGE ARNISON HANSLER . I am warehouseman to William Carlisle and others, of Bow-lane, Cheapside, wholesale haberdashers. On 30th Aug. the prisoner came and asked for 1lb. of sewing silk—I weighed it, and he asked for 6lbs. of thread, and produced some to show what kind—he produced this bill-head, from James Griffiths of the Strand—that would be understood as an order in the trade—I asked permission, and then entered the goods, and gave them to the prisoner—he signed this book as receiving them—they were worth 1l. 5s. 6d.
Prisoner. Q. There is no signature to the order? A. There was another attached to it which was signed, but you told me to tear it off for you to take to Spence's to get the satinet.
JOHN HENRY BROWNJOHN . I am in the service of George Brettle, wholesale hosiers, of Wood-street. On 3d Sept. the prisoner came and produced this bill-head, of Messrs. Stone and Bryer, of King William-street, for half-a-dozen silk hose, the nearest we had to 72s. the dozen—the nearest we had was 75s.—the goods were taken up into the entering-room, and I did not see them delivered—there is no one else here, because the prisoner acknowledged it at the Mansion House, and the Lord Mayor said it was unnecessary—I
heard him say at the Mansion House that they were given to him by the entering-clerk.
GEORGE MARCHANT . I am warehouseman to Messrs. Morisons. The prisoner came to the warehouse and said, "Have you received a parcel for Stone and Bryers, from Brettle's?"—I said, "Yes"—he said, "I am going up to the warehouse to make a purchase"—he came back and applied to me for the parcel—I asked if he had an order—he handed me the one produced, and seeing it was neither signed or dated, I doubted the authority of it—one of the partners questioned him, and a messenger was sent to Stone and Bryers', who said they had not sent—we sent to Brettle's, and detained their goods, the prisoner went away, and we did not see him till the following day, when the officer called.
THOMAS BRYER . I am a linendraper, of King William-street, in partnership with Mr. Stone. We deal with Morison and Co.—I did not send the prisoner for goods for me—I never saw him till he was at the Mansion House—this is a genuine bill of mine, but not written by any one in my establishment.
GUILTY . Aged 29.— Confined Twelve Months.
1717. HENRY PRIDE , breaking and entering the dwelling-house of George Bradley, and stealing one bag, value 6d., his goods; and 2 pairs of boots, 1 pair of shoes, and 1 pair of slippers, value 3l. 6s.; the goods of John Bradley.
GEORGE BRADLEY . I live at 111, Chancery-lane, in the parish of St. Dunstan; my son, John George, is a boot and shoemaker. On 28th Aug. I saw the place safe at night—I found it broken open, by a shutter under the window, soon after eight in the morning—I found a stud under the shutter, which I had seen the prisoner wear in the shop for six months—this bag is mine—I missed it that night.
Prisoner. Q. I was at work there nearly all the week? A. Yes, you were there that afternoon—the stud would not be likely to fall in the shop—you had to shut the shutters.
THOMAS QUARTERMAN (City-policeman, 361). On 30th Aug. I examined the premises 111, Chancery-lane—there is a small shutter under the window, large enough to admit a man—this shirt-stud was found outside—I compared it with one in the prisoner's shirt, and it corresponded exactly—the middle hole was vacant—I said, "Why you have lost a stud"—he said, "Yes, I have"—I said, "Is that yours?"—he said it was, and gave me his mother's address, Stephen-street, Tottenham-court-road—I went there—I afterwards went to a stable in Roe-street, Soho, and found these boots and shoes in a bag behind a truss of hay—the Alberts were not there—one boot has a spur on it, and the other spur was left in the shop.
Prisoner. Q. There were three holes in my shirt? Witness. I only saw one vacancy, but your waistcoat came up high.
ANN LEWIS . I am a widow, of Crown-street, Soho; the prisoner lodged with me. On 28th Aug. he came in between eight and nine, and went to bed at nine—he asked to be called at two o'clock in the morning to go to Holloway—I asked the lodger to call him; he did not do so, and the prisoner did not come down till six—he said he would rather have given anything than not have been at Holloway—on Wednesday, 29th, he came in for refreshment, and left with James, saying," I do not think I shall be home tonight"—he did not return that night—at half-past five I went to open the shop, and saw him and James at the corner of Sutton-street—he looked
heavy, as if he had not been to bed—he had his breakfast, and left to go to the Serpentine—he returned with a bag, went up-stairs, came back, and went out at the side-door down Crown-street towards Roe-street—the bag was bulky.
Prisoner. Q. Could you say whether it was the bag or my black apron? A. It appeared like the bag does now with the boots in it.
JOHN JAMES . I am a carman, of Mercer-street, Long-acre. My master has a stable in Roe-street, Soho—I know the prisoner—on 30th Aug., between eight and nine in the morning, I saw him as I was putting the horse and cart together—I did not see him go in or come out of the stable—I asked him if he was going to the shop—he said, "Yes"—I said he might as well come along with me—he got in, and I left him in St. Martin's-lane—the bag was afterwards found in the stable, under some hay.
Prisoner. Q. Did you see anything of my overcoat in the stable? A. No.
JOHN BARTLETT . I live at 7, Roe-street, Soho, and am a carman. On 30th Aug., I saw the prisoner with a bag exactly like this, and something in it—he asked me if Bill (Mr. James's son) was in the stable—I said, "No"—he went in with the bag, and came out without it.
WILLIAM JAMES . I am sixteen years old, and am the son of John James. On 29th Aug., between eight and nine o'clock at night, I was with the prisoner in Crown-street—he did not go into the stable then—he did about eleven or twelve—he slept on some hay in the stable—I went with him in the morning, with the intention of going to the Serpentine—in the mean time he went to his lodgings—I waited till he came out, and we walked down Crown-street—I said that was not the way to the Serpentine—he said it was, he knew the nearest way—when he got to the bottom, he said he was not going to the Serpentine—I saw him again between eight and nine, with something like this bag—I was busy with the harness, but saw him go into the stable—he said he was going to take it to St. John's Wood—he chucked it on the hay—my father locked the door, and locked the parcel in—before we started for the Serpentine, he said he was very hard up, he had got no money to pay his landlady.
Prisoner. Q. Is not my black apron like that bag? A. It is something similar in colour—you said you were going to the Hospital, and if you went to the Serpentine you would be too late.
Prisoners Defence. I never had the bag of boots; it was ray coat wrapped up in my apron; I should never have gone back to the shop if I had committed the robbery; I am merely suspected because the stud was picked up; it might have been kicked out; it was eleven o'clock at night when I came down; I had not had time, from the time I left, to go to Chancery-lane; James knows I slept in the stable all night.
WILLIAM JAMES re-examined. I cannot say the time the prisoner came to the stable; it was very late; it might be eleven or twelve o'clock—I understood the reason was, that he had been to the Hampstead-road—he slept there till five in the morning—I left him about half-past five, and saw him again between eight and nine—Chancery-lane is five or ten minutes' walk from the stable.
GUILTY . Aged 20.— Transported for Seven Years.
NEW COURT.—Tuesday, September 18th, 1840.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. CHALLIS; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EMMA BROCKLEBANK . I am the wife of Robert Hyde Brocklebank, an Italian warehouseman, of the Strand. On 14th Sept., the prisoner came for a clothes brush, and gave me a half-crown—I gave him 1s. 6d. change—I found it was bad, and sent my servant after the prisoner—he was brought back—I said he had given me a bad half-crown—he offered to take it back, and give me the 1s. 6d. and the brush, which I declined—he said he took it that morning, and could get it changed, and was he to be the loser of it—I sent for a policeman, and he ran out of the shop—I sent the young man after him, looked out, and saw him struggling with the prisoner—he was brought back, and said he knew Mr. Thresher, a neighbour, and would go in and fetch him—I sent there, and a gentleman from the firm came, and said they knew nothing of him, and the prisoner said he meant he had dealt there—I heard a noise, and said, "He has thrown money down"—a policeman came, I gave him the half-crown, and pointed out where I had heard money fall, and saw him find two pieces of money there.
HENRY ROGERS (policeman, E 75). I took the prisoner—Mrs. Brocklebank gave me this half-crown, and pointed out where she had heard money drop; I found these four crowns and a half-crown—I found on the prisoner nineteen good shillings and eight penny pieces—he said he found the money in a water-closet.
GEORGE JOSEPH SANDFORD . I am a linendraper, of Carlisle-street, Portman-market. On 21st Aug., about four o'clock in the afternoon, the prisoner came, and bought three yards of lace, which came to a penny—she gave me a shilling, which I put into my pocket, and gave her 11d.—I had no other shilling in the house—in about three minutes I found it was bad, and placed it under a candlestick—it remained there till she came again on Thursday evening, and asked for a yard of calico—I served her; it was 2 1/2 d. a yard—she gave me a counterfeit shilling—I bent it double, taxed her with it, and asked her how many more she was going to give me; she said she never was in the shop before—I am certain she is the woman—she called me a" D—d false-swearing scoundrel"—I called a policeman, and gave him the second shilling—I took the first to the station.
JONATHAN POLLARD (policeman, D 125). I took the prisoner at Mr. Sandford's shop—he gave me this shilling—I said, "How many of these have you got?"—she said, "I have got no more"—Mr. Sandford said she was there on the 27th, but she made no answer—Mr. Sandford afterwards brought this other shilling to the station.
GUILTY . Aged 47.— Confined Three Months.
CHARLES BAGLEHOLE . I am clerk to James Clark, of Billiter-square. On 3d Sept., about half-past four o'clock, the prisoner came to the office, and asked if I could oblige him with change for a 5s. piece—my brother asked him where he came from—he made no answer—I saw two half-crowns given him in change.
WILLIAM BAGLEHOLE . I am a clerk to Mr. Clark. I recollect the prisoner coming—I gave him change, and he gave me this 5s. piece—I asked how he came for change as a stranger—he made no reply—I rang it, and thought it was good, but afterwards thought it was bad, and sent my brother to watch which way he went.
GEORGE MOTCHEM . I am clerk to Mr. Hotley, of the Steam-packet-office. On 5th Sept. the prisoner came and asked for change for a crown-piece—I observed it was bad, shut the door, and asked where he got it—he said, "In change"—I got a policeman, and gave him the crown.
GUILTY . Aged 22.— Confined Six Months.
MARY ANN LOVE . I am the sister of William Love, of James-street, Westbourne-terrace. On 6th Sept. the prisoners came to the shop—Stanmore asked for a twopenny loaf—I said I had not one—she asked for a three-penny one, and gave me a crown—I had not change, and took it to my brother, in the back parlour—he gave me change, and I gave Stanmore 4s. 9d.—Connell went and stood at the door while the change was being given, and they both went away together.
Cross-examined by MR. PAYNE. Q. Had you ever seen them before? A. No—they gave an order for a loaf, and said they would call for it next day—I have no doubt of them.
WILLIAM LOVE . My sister came into the back-room for change—I had not got it, but a friend of mine, Mr. Sturgeon, had, and gave it—next morning he brought me the crown, and I found it was bad—I marked it, and gave it to the constable—this is it.
Cross-examined. Q. How long did you keep it before you marked it? A. Several days—it was in my trowsers pocket.
WILLIAM STURGEON . I am a plumber, of Park-street, Dorset-square. I was at Mr. Love's, and gave change for this crown—I put it into my pocket—I had about 18d. in silver there, but no other crown—next morning I returned it to Mr. Love.
THOMAS WOODWARD . I am a fishmonger, of Paddington. On 6th Sept., about a quarter to eight o'clock in the evening, the prisoners came—Stanmore asked the price of a small piece of fish in the window—it was 7 1/2 d—she offered me a 5s. piece—I said it was bad—she turned to Connell," Bless me! where could we have taken it?"—I should not like to swear to the exact words—Connell said, "We must have taken it at the butcher's"—Stanmore said, "Let us go back and change it"—Connell said, "We will go back directly"—Connell took 1s. 1 1/2 d. out of her pocket, and said, "If you will give me a sixpence I will take the fish"—they took up the 5s. piece, and left the shop—I followed them—they stopped at the corner of Cambridge-place, conferred
together, and looked round—they then went along Star-street, into the Edgware-road, to the Crown public-house, nearly half a mile from my house—they both went in together, at a small side-door—I went in at the front-door, and spoke to the landlord—I got out into the street before the prisoners, and followed them to Mr. Allen's, a haberdasher's, fourteen or fifteen houses from the Crown—I called Mr. Allen out and spoke to him—his daughter came to the door and asked him for change for a 5s. piece—he went in—I followed him in a minute or two, and saw him handing the crown across the counter, and heard Stanmore say, "I did not know it was a bad one"—I said, "You did, for I told you so a short time ago"—she again said she did not know it was bad—Connell sat beside her—I said, "Had not you better have taken it to the butcher's, where you said you received it?"—they were given in charge.
MARY PAULINA ALLEN . On 6th Sept. the prisoners came to the shop—Stanmore bought some flowers and some blonde—they came to 6 1/2 d.—she gave me a 5s. piece—I took it to my father at the door—he said it was bad—Stanmore said she did not know it.
Cross-examined. Q. Did not she say it might perhaps turn out good, although Woodward said it was bad? A. Yes.
WILLIAM ALLEN . I am the father of the last witness. Woodward beckoned to me at the window—while I was speaking to him, my daughter came to me with a 5s. piece—I went into the shop, and said, "This is a bad one"—Stanmore said she did not know it was bad; and Connell said so too, and held out her hand for it, but did not get it—I bit it, and gave it to the policeman.
GEORGS FISH (policeman, R 356). I was called to Mr. Allen's, and received this crown—I took the prisoners—they refused to tell their address, that their friends might not know it—on the 12th I called on Mr. Love, and received this crown from him.
Stanmore's Defence. I was never in the first place; I did buy the flowers, but did not know the crown was bad.
STANMORE— GUILTY . Aged 28.
CONNELL— GUILTY . Aged 28.
Confined Six Months.
JOSEPH. STAKER . I am a smoker and dryer of hams, of Baker-street, Enfield. On 11th May I was away from home—on Saturday I went to the drying-house and found the door not fastened as I had left it—I thought I missed one ham, but could not see for the smoke—in the afternoon I found four were gone—one of them was shown me by the policeman.
RICHARD WATKINS (police-sergeant, N 30). On 12th May I got into a railway-carriage at Edmonton, in plain clothes, and saw Henry Hill, Thomas Love, and the prisoner—I had not heard of the robbery, but noticed they were much confused, particularly the prisoner—at the Lea-bridge station the prisoner whispered to Hill, who jumped out of the carriage—I jumped out after him, and found him with a bag, containing one of the hams produced—I went back to the carriage and found Thomas Love, but the prisoner was gone—he must have got out on the other side of the carriage—he was taken last Friday.
(See page 111.)
NOT GUILTY .
1723. FREDERICK BRITTLE , feloniously forging and uttering an order for delivery of 1 cask of white lead: also an order for the delivery of other goods: also another order for the delivery of goods: also another order for the delivery of other goods, with intent to defraud Mary Ann Brushfield; to all which he pleaded
(See next case.)
THOMPSON pleaded GUILTY . Aged 55.— Confined Two Years.
BRITTLE pleaded GUILTY . Aged 17.— Confined Three Months.
(An officer, S 25, stated that Brittle was Thompson's son, and he employed him to obtain goods.)
MESSRS. CLARKSON and PARNELL conducted the Prosecution.
GEORGE DISON LONGSTAFF . I am a partner in the house of Blundell, Spence, and Co.—Henry Blundell is the senior partner. On 3d Aug. I found an order in the letter-box, and handed it to Hill for execution, believing it to be genuine—I had a customer named Mrs. Brushfield.
EDWARD HILL . I am a clerk to Blundell and Co. Mr. Longstaff delivered this order (A) to me on 3d Aug.—I entered it in the order-book, which is not here—on 6th Aug. the boy Brittle came and delivered me an order—I cannot say whether it was this one (B), but this was given me in the course of the day, and in the after part of the same day I received this other order (C) from Brittle—I directed Hall to execute the two last—on 9th Aug. Hall delivered me this order (D)—it was opened in my presence—I directed Hall to supply the white lead.
THOMAS HALL . I am a warehouseman, in the employ of Blundell and Co. On 4th Aug. Brittle came for some goods—I delivered him a cask of the best white lead—I delivered it him according to the order in the order-book—he had a truck with him—on 6th Aug. I saw Brittle again—I received directions then from Mr. Hill as to what I was to deliver to him, and delivered him a can of turpentine and a can of oil, each containing 10 gallons; also 7lbs. of the best Vermillion—he had a truck with him then—on 9th Aug. he came again and produced an envelope, which I gave to Mr. Hill—I did not see it opened—Mr. Hill gave me some direction, in consequence of which I delivered to Brittle a cask of white lead, which he took away—on 9th Aug. I saw the goods which I at those different times delivered to Brittle in a shop in Compton-street—the name of Hoare was over the door—(the orders, B, C, and D, were here read, dated the 6th and 9th Aug., signed "M. A. Brushfield", and were for the goods delivered to Brittle.)
MARY ANN BRUSHFIELD . I carry on the oil and colour business in Kings-land-road. In the beginning of Aug. I was a customer of Messrs. Blundell—these orders are not my writing—I did not send on 3d, 6th, or 9th Aug. for the goods mentioned—I do not know any of the prisoners.
ALFRED GREEN (City-policeman, 376). In consequence of information I attended near Messrs. Blundell's, in Thames-street, on 9th Aug.—I saw Brittle come away from their premises with a truck—he went to 44, Compton-street—the name of James Hoare was over the window—there were various kinds of metal there—the house had the appearance of a marinestore
or metal-dealers—Hoare came out and assisted Brittle to take the cask of white lead out of the truck, and rolled it into the shop—Brittle went away with the truck—I followed, and brought him back to Compton-street—I went into the shop and saw Downer standing behind the counter—I asked him if he was master of the shop—he said, "Yes"—I asked him if his name was Hoare—he said, "No," but he was at my service—I asked him if he had had any white lead brought there a short time back—he said, "Pray Sir, who may you be?"—I said, "I am a policeman"—he said, "Well, I know nothing about the lead"—while this was going on Hoare came up through a trap-door into the shop—I asked him if he knew anything about the lead—he said, "Oh yes, I have lent some money on it, and when the man pays me he will take it away"—I asked if he knew where the man lived—he said, "No"—I said, "Don't you know him at all?"—he said, "Only by his coming occasionally"—I said, "What is his name?"—he said, "William Johnson"—I found two casks of white lead in the front shop, a can of turpentine, and a can of oil, which were afterwards shown to Hall—I saw the vermillion found by another officer.
Cross-examined by MR. PAREY. Q. Was May with you? A. He went back with me, and then the vermillion was found—Hoare said to me that William Johnson was the man's name—he did not say William Thompson—I am confident he said Johnson—I put it down—I was not out of temper with Hoare—it was between six and seven o'clock in the evening—the window was open—it is a bow-window, and was full of goods—you could see the two casks of white lead as you went in at the door—they were alongside of the counter, but the cans had a sack over them—May and Meredith were examined before the Magistrate—they were both before the Grand Jury, and are here.
ROBERT MEREDITH (City-policeman, 368), cross-examined by MR. PARRY. I took William Thompson into custody, from information that Mrs. Hoare gave me—she told her boy to go with me to find Thompson—I found him standing near St. Luke's Church—directly he saw me he ran away, and I took him.
MR. PARNELL. Q. Did you know him before? A. No. HOARE— GUILTY. Aged 39. DOWNER— NOT GUILTY .
1726. JAMES HOARE and EDMUND DOWNER , were again indicted for feloniously receiving 5 saws and other tools; the goods of Charles Mitchelmore; and other goods of other persons; knowing them to have been stolen. MESSRS. RYLAND and LAURIE conducted the Prosecution.
CHARLES MITCHELMORE . I am a carpenter, in the employ of Messrs. Thompson and Morgan. On 16th June I was at work in Westbournterrace with Cole, Franklyn, and Poole—we left off work about half-past five o'clock that evening—I left some of my tools on the bench, and some in a basket in the house, No. 106, Westbourn-terrace—the door had a lock to it—we considered the tools quite safe—it was the carcass of a house—we had made a shop of a part of it—I went back, between seven and eight the same evening, with William Cole, one of my fellow-workmen—the shop-door was broken open—I went in, and found the fire had been lighted—I missed my plane, plough, chisels, and various other things, which have not been found—these are part of my tools (produced)—I saw them again at the station on 13th Aug.
Cross-examined by MR. PARRY. Q. Are they marked? A. Some of
them; two or three are not—these chisels have my name on them—West-bourne-terrace is near Hyde-park—my tools are worth about a sovereign—I have had them four or five years in constant use.
WILLIAM COTTE BOONE . I was in the employ of Messrs. Thompson and Morgan, builders. On the evening of 16th June I left my tools at the building, some on the bench, and some in my basket—I went back that evening with Mitchelmore—the door was broken open, and my tools were gone—I have seen some of them since—these two planes are mine—they have my mark on them—I have had them about a year and a half, and used them constantly.
Cross-examined by MR. PARRY. Q. Has the basket your name painted on it? A. No, it was new; I had bought it three weeks previous—it was a common sort of basket—I would not swear to it, I believe it is mine—here is a new piece of cord which I put to it myself—I saw it again on 13th Aug.
WILLIAM FRANKLIN . I am a carpenter, and was working at Westbourne-terrace on 16th June—I left a saw there when I left work—I missed it—this is it—it has a peculiar handle, and one of the rivets is gone—I have had it three years—I am certain it is mine.
DANIEL MAY (City-policeman, 357). I have been in the police eight years—the prisoners were brought to the station on 9th Aug.—on that day I went with Green, searched No. 44, Compton-street, and found these tools produced in the top room—it was a sort of lumber-room—the shop is a metal-shop—the name of James Hoare is over the door—I afterwards showed the tools to Hoare, and asked him if he could give any account of how he came possessed of them—he said yes, he had bought them at different sales, and had had them for years, but he should decline to answer any more questions—I afterwards showed them to Downer, and asked him whether he could give any account of how he came in possession of them—he said, "Yes, I have had them for years; I bought them for my son, who is a carpenter; it has cost me upwards of 70l. buying tools on several occasions"—I was about to ask him another question, when he said, "I shall not answer any more questions"—I had known the prisoners before—I had not known either of them living at that house in Compton-street.
Cross-examined by MR. BALLANTINE. Q. Did you ask Downer any other question; you say you were about to do it? A. I believe I did—I do not recollect what it was—what I have given is the truth—I am not certain whether I did ask him the question or not—I do not know that it is a very improper course to pursue, to get persons out of the cells, and ask them questions separately—I thought it was a very proper course—this was not a usual case—I never had such a case before—I should do the same if such a case occurred again.
Cross-examined by MR. PARRY. Q. Where was this property when you showed it to them? A. In a room at the station—there was a quantity of property beside the tools I have produced here today; there were no other carpenter's tools—there were a number of brass tools—I did not point out any particular tools to Hoare, but they were lying where he could see them—the carpenter's basket was very large—the other tools were in small parcels about—I believe I was taking a right course in doing this—I am aware that a Magistrate before he questions a prisoner is bound to caution him as to
what he says—there was no charge against the prisoners about these things then—I meant to charge them against them, if they did not give an answer as to how they came by them—I did not know one word about these tools being stolen—I had not heard the information at that time—I believe there was information, because I saw it afterwards in the book—I believe Green was standing by—I do not think he took any part in this—I do not know whether he could hear what was said—he was somewhere about there—I have never done this before—I was not directed to do it; I did it out of my own head—I believe there were some complimentary remarks made by the Magistrate about my doing this.
MR. RYLAND. Q. There was a great deal of other property lying about; where did it come from? A. From No. 44, Compton-street—I found a basket amongst other things, and it was at the station, with all these tools in it.
ALFRED GREEN (City-policeman, 376). I found this card on Hoare when I searched him in the station, on 9th Aug.—it is, "James Hoare, wholesale iron and metal-dealer, 44, Compton-street, Clerkenwell"—I accompanied May to search that house—I assisted him in finding these carpenters' tools—I was present at the station, and heard May say, "How do you account for these tools," showing him the tools and the other things—Hoare said he had had them for years, and purchased them at different times—I heard a similar question asked of Downer, and he said he had had them for years, and had purchased them for his son, and they cost him 70l.—in going down to the cell, I said, "Your son?"—he said, "Yes, Hoare is my son, he is a carpenter"—I had been to the shop before with Meredith—I found Downer standing behind the counter—I asked him if he was master of the shop—he said, "Yes"—I asked him if his name was Hoare—he said no, but he was at my service—Hoare came up a trap-door in the shop—I asked him if he knew anything about the lead—he said yes, he had lent money on it.
Cross-examined by MR. PARRY. Q. Were you aware that there was a charge about these articles being stolen? A. No—I went about for two days, to make inquiry about them.
HOARE— GUILTY . Aged 39.— Transported for Twelve Years. DOWNER— GUILTY . Aged 53.— Transported for Ten Years.
OLD COURT.—Wednesday, September 19th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron PLATT; Mr. Justice WILLIAMS; Sir CHAPMAN MARSHALL, Knt. Ald.; and EDWARD
Before Edward Bullock, Esq. and the Third Jury.
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 15.— Transported for Seven Years.
Before Mr. Baron Platt,
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLES BELLAMY . I produce an examined copy of the record of a conviction which I obtained at the office of the Clerk of the Peace for Surrey—I compared it with the original—it is a true copy—(read—George Grotrix, convicted April, 1848, confined twelve months).
ELIZA TURNER . I am servant to Mr. Pither, who keeps the Duke's Head, at Bedfont. On Wednesday, 22d Aug., between one and two in the afternoon, I saw the prisoner there—he asked for twopenny worth of gin and a drop of cold water—I served him—he gave me a half-crown in payment—I gave him a shilling, two sixpences, and a fourpenny-piece in change—he stopped but a very few minutes after he got the change—I put the half-crown into a cup in the till in the bar—there was no other half-crown there—the prisoner was brought back again in about half-an-hour by Mr. Pither, the policeman, and another man—I gave the half-crown to the policeman before he went after the prisoner—it had been locked in the till and I had the key in my possession all the time.
Prisoner. Q. What money was there in the cup? A. I cannot say exactly—there were two or three shillings and two or three sixpences—there was no one in the bar but myself—my mistress came in while I was serving you—I do not recollect any one but you being served at the bar—there was no man in a smock-frock—I believe my mistress did serve a gentleman with a pint of beer—I do not know what money he gave her, or what change she gave him—I believe he gave her some pence—my master had the half-crown in his hand, and rang it on the counter, and I then took it up and gave it to the policeman—it was not out of my sight.
COURT. Q. What money was kept in the cup? A. Silver only; the copper was put in the till generally—I am sure there was only one half-crown in the till.
THOMAS WHEATLEY PITHER . I keep the Duke's Head at Bedfont. I saw the prisoner in my house about twelve o'clock—the policeman Bray afterwards came to the door, and in consequence of what he said I spoke to Turner—she unlocked the till in my presence, and gave me a half-crown from the cup—there was only one there—I sounded it on the board, and gave it back to her—I then went in pursuit of the prisoner—I found him about three quarters of a mile from my house—I took hold of him—he put his hand into his pocket and pulled out a purse containing coin—he threw it on the ground—I took it up and put it in my pocket till I saw Bray; I then give it to him—it contained fourteen counterfeit half-crowns.
THOMAS BRAY (policeman, T 200). I was at Bedfont on 22d Aug.—in consequence of something I heard I went to the Duke's Head—I afterwards went in pursuit of the prisoner—I received this bag from Mr. Pither; it contained fourteen half-crowns—all but two were wrapped up in separate pieces of paper.
Prisoner. Q. How far were you from me when Mr. Pither stopped me? A. About thirty yards; I saw you throw something away, but could not see what it was—it was something light—I saw your hand in your pocket for some time before Mr. Pither came up to you—there was another person taken up on suspicion of passing bad money, and a third man was stopped and examined by Mr. Pither and another person—I did not suspect him—the person who was taken into custody besides you was Joseph Scales—he was taken before the Magistrate next morning—he was about 100 yards from you at the time Mr. Pither stopped you.
MR. BODKIN. Q. How was that person dressed? A. In a drab coat and dark striped trowsers, not in a smock frock—he was remanded, and afterwards fetched back and discharged—he had passed a bad half-crown to a person at another place.
JOHN KEMPSTER . I am in the In-tellers Office, in the Bank of England. I have examined the half-crowns produced—there are four among those produced by Bray dated 1845, and ten of 1817—the one produced by Turner is dated 1845—they are all bad—I cannot positively say whether any of them were cast in the same mould with the one in question—they appear all to be made with the same metal, Britannia metal—I am not in the Mint—I am sent from the Bank—I cannot tell whether any of them have been cast in the same mould; I should think it would be impossible for any one to say—all I can say is that they are bad.
Prisoner's Defence. I positively deny the charge; on 22d Aug. I was going to Egham races; I had nearly 2l.—worth of silver in my pocket; I went into Pither's house for a drop of gin; I gave no half-crown at all, it was a shilling, and I received sixpence and a fourpenny-piece in change; whilst standing at the bar, a man came out of the tap-room for a pint of beer and was served by the mistress; he gave her some money and received some silver in change; I cannot positively swear what it was; I saw a shilling and sixpence perfectly; I then came out and proceeded along the road towards Egham; when I got about a mile and a half on the road, Mr. Pither came behind me, collared me, and charged me with having passed some bad money at his house, and about two minutes after the policeman came up and took me; I walked a few paces, when he returned back a short distance and picked up something; what it was I do not know; he returned and said he had picked up a bag, and accused me of having thrown it away; the man who was taken into custody at the same time I was, was not above five yards from me at the time in the custody of a butcher who had collared him by the policeman's order, on suspicion of passing bad money, and he was identified as having passed a bad half-crown at another public-house; he was just as likely to throw away the bag as me; the policeman took my money from me, so that I have not been able to get counsel.
THOMAS BRAY re-examined. I found on him four half-crowns, seven shillings, four sixpences, and four fourpenny-pieces, all good—that was loose in his pocket—Scales was going in the same direction as the prisoner—I should say he was 100 yards from the prisoner, or it might be rather more, when he threw away the bag—I am positive the prisoner threw it down—it was impossible that Scales could have done it—I saw the prisoner throw it out of his hand, and saw it fall to the ground.
GUILTY .— Transported for Seven Years.
Before Mr. Justice Williams.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
THOMAS EVERETT . I am a warder at Pentonville prison. The prisoner was confined there—on 16th Aug., a little after six o'clock in the morning, I unlocked his cell, and as I was passing to the next, I received a blow on the back of my head, which made me reel about two yards, and I then saw the prisoner with this stoolleg in his hand, four or five yards from me—it is hard beech-wood—he then gave me another blow on the mouth with it, which made me insensible—when I recovered I was in the doctor's hands—four of my front teeth were smashed, and obliged to be taken out—my lip was cut through—I was confined to my bed six days, and was obliged to be fed through a quill—I have not been able to do duty since, and am still under the doctor—I had complained to the prisoner on the night before of the state of his cell, and afterwards, in his presence, mentioned it to the principal warder—that is the only circumstance which could have given rise to this.
Cross-examined by MR. PAYNE. Q. Did he come to you from Milbank Penitentiary? A. I believe so—I do not know whether that was in conesquence of the cholera breaking out there—I do not know how long he had been there—the prisoners' cells are locked up at eight o'clock at night, and opened at six in the morning—they are kept alone, and when let out are not allowed to speak or associate with the other prisoners—they are only allowed to speak to the warder—we are very particular about keeping the cells clean—they have to fold up their beds in a parallelogram, and are punished if they do not, but we caution them first—I cautioned him that if he did not keep his cell clean I should report him to the governor—I did not call him a beastly fellow, or say I would have him put into a dark cell; not at any time—I was not always worrying and irritating him—no more occurred than what I have stated—I believe there was no examination before a Magistrate—I was in bed—the prisoner was brought from the prison here.
BENJAMIN MACBEATH . I am a warder of Pentonville prison. On 16th Aug. I was on duty in the first gallery, assisting in opening the cells—I saw Everett open the door of the prisoner's cell, and pass on to the next—the prisoner rushed out of his cell, and struck Everett with a heavy piece of wood on the back of the head—he almost fell on his face, but saved himself, turned round, and the prisoner met him and struck him on the face with the same weaponprisoner No. 31 came to his assistance out of his cell, and there was a struggle between the three—they all fell, and the weapon fell out of the prisoner's hand—this is it (produced)—when I got up the prisoner was uppermost, struggling with Everett, holding him by the throat, apparently to strangle him—he bled from the mouth, and seemed greatly exhausted—this is one of the legs of the prisoner's stool—I have tried it to it.
Cross-examined. Q. Had you ever seen the prisoner and Everett talking together? A. Never.
SENTHILL LINDSEY . I am also a warder. I saw Everett unlock one of the cells, and pass on to the prisoner's—I was two stories higher up—I saw the blow struck, and assisted in rescuing Everett from the prisoner.
Cross-examined. Q. Do you know that the prisoner came from the Penitentiary? A. Yes; I do not know how long he had been there—he appeared very much excited.
found Everett in the dispensary, bleeding from a lacerated wound, about two inches long—his lower lip was slit by a ragged wound—the four upper teeth were smashed and splintered, and some of the lower ones loosened—I dressed his wounds, and sent him to bed—he is still under my care—I had to take out four broken teeth—the marks of the teeth are on the leg of the stool now.
Cross-examined. Q. Have you seen the prisoner at all? A. Yes—he had only been a fortnight there—long confinement and separation in some cases produces irritability of the nervous system, which sometimes amounts to insanity—this is the separate system, not the solitary—they can speak to the warders.
MR. BODKIN. Q. Did you see any irritability or affection of his mind? A. Not at all; his average state of health while there was good.
(The prisoner received a good character for mildness and quietness of conduct. GUILTY of an Assault. Aged 23.— Confined Two Years.
In the case of SARAH JACKSON , charged with feloniously cutting and wounding Mary Jackson, with intent to do her some grievous bodily harm, upon the evidence of Mr. M'Murdo, the surgeon, and Mr. Cope, the governor of the gaol, the Jury found that the prisoner was of unsound mind, and not in a fit state to plead.— ORDERED TO BE DETAINED DURING HER MAJESTY'S PLEASURE .
GUILTY . Aged 33.— Transported for Ten Years.
Before Mr. Baron Platt.
1734. JOHN BLOOMER WEEKS , feloniously attempting to discharge a pistol at Frederick Shipton, with intent to murder him:—2d COUNT, with intent to do him grievous bodily harm:—3d COUNT, to prevent his lawful apprehension and detainer.
MESSRS. RYLAND and LAURIE conducted the Prosecution. FREDERICK SHIPTON (City policeman, 114). On the afternoon of 4th Sept. I was on duty in Basinghall-street—a person named Hammond came to me, and as we walked towards London-wall he pointed to the prisoner, and said, "That is the man"—the prisoner was then standing on the other side of the street, and the moment Hammond pointed him out he took a pistol from his right-hand jacket pocket, and before I had time to advance an inch, he pointed it towards me and said, "Stand off, for your life! one step and I will fire"—I rushed on him, and when I got about a yard, or a yard and a half from him, he pulled the trigger, but it missed fire—I heard the click of the lock—I did not see the priming burn—I seized him, threw him down, held him on the ground, and Hammond took the pistol from him—the prisoner said, "It is a good job for you that it did not go off, or else you would have had it"—on the way to the station he said he would have his revenge—when we got to the station I searched him, and he took a bullet-mould from his trowsers pocket and threw it on the desk, and I found on him some gun-powder, two pieces of iron, and a comb—he was quite sober—I afterwards took the pistol to Mr. London, a gunsmith, of 51, London-wall—the charge was there drawn in my presence—it consisted of this powder and ball—(produced)—I afterwards conveyed the prisoner to Newgate, and going down Newgate-street he said he wished he had shot me; he would rather be hung for me, than have fifteen years' transportation, for he knew he should have that—I asked him what object he could have in shooting me, as I did
him no injury—he said had he shot me he should have had his liberty, so that he might have revenge.
Prisoner. Q. When you took the pistol away, did you make any remark? A. No—I did not say it was a good job it had not gone off; you made use of that remark—you did not say it was intended for Mr. Lovell—I did not tell you anything about any letters Mr. Lovell had against you—I swear you did not say to Hammond that you would do for him and Lovell too—Hammond gave me the pistol, and the inspector at the station looked at it—he did something to see if there was ball in it—there was a piece of paper on the top of it, which he pulled out—I swear I saw the gunsmith draw the ball from the pistol—he unscrewed the muzzle, and knocked the ball out with a piece of iron—the ball could not go into the muzzle.
MR. RYLAND. Q. Was the pistol ever out of your sight? A. No—this is the same pistol—I was in uniform.
Prisoner. Q. Was not the pistol out of your sight when you went outside to pot the shutters of the station up? A. I did not go outside to put them up—there is a glass window that I could see through, and I saw it in the inspector's hand all the time.
COURT. Q. Did you find any ball in the prisoner's pocket? A. No, only an iron thimble and a piece of iron, which I produce.
ROBERT HAMMOND . I am in the service of Mr. Lovell, a clothworker, of Basinghall-street. On Tuesday, 4th Sept., I saw the prisoner in Basinghall-street—I knew him by sight before—he was ten or twelve yards from Mr. Lovell's house—I also saw Shipton about four yards from him—I pointed out the prisoner to him, and said," That is him"—I should think I spoke loud enough for the prisoner to hear, and I said there was a warrant out against him, and to take him into custody—we went up to him, and when we were within a yard and a half or so of him he took a pistol out of his jacket pocket and presented it, I should say, at Shipton—I cannot say exactly which of us it was meant for—I was alongside of Shipton—when he presented the pistol he said," But another step, and I will fire," or" take your life," or words to that effect—I should say he said that to Shipton—we were both together—Shipton had his police dress on—I suppose he spoke to both of us when he said" Stand back"—he looked at Shipton—he then pulled the trigger, and it flashed in the pan—I went to lay hold of him, but the policeman darted at him and threw him down, and I took the pistol from him—I did not go forward to him before the pistol went off, but Shipton did—I did not notice him pull the trigger, but I heard the cock and saw the flash—I afterwards gave the pistol to Shipton—Shipton took him into custody, and took him to the station-house—in going along I endeavoured to assist Shipton, and the prisoner said," I will do for you and Mr. Lovell before long."
Prisoner. Q. Did not you tell me, as we went to the station, that I had done a pretty job for myself, and it would serve me right if I was hung for it? A. No—I said at Guildhall that I saw the flash from the pistol—I saw the flash was from the gunpowder—it was not the spark from the flint and steel—I did not say, as we were going to the station," I have got you at last"—the warrant was taken out against you for sending threatening letters and annoyance, and for presenting what Mr. Lovell thought was a pistol at him—the warrant was got out next day—Mr. Lovell showed me the letter.
EDWARD DANGERFIELD . I am in the service of the Royal Mail Steam-packet Company. On the afternoon of 4th Sept. I was in Basinghall-street, and saw Shipton and Hammond there and the prisoner—I saw Hammond go
to Shipton, and he walked across the road to the prisoner—the prisoner then drew a pistol from his side-pocket, and presented it at the policeman, saying "Advance another step and I will fire"—the policeman advanced, and I distinctly saw the flash in the pan—I did not hear the click—there was then a struggle between Shipton and the prisoner—they both fell, and the prisoner was secured—Hammond took the pistol from the prisoner—they then both got up, and the prisoner said, "I have lost my defence; I will go quietly"—as they were walking, the prisoner turned round towards him and said "I will have my revenge"—he was then taken to the station.
Prisoner. Q. How far was I from Shipton when Hammond pointed to me? A. About five yards—you were not above two yards from him when you pointed the pistol—I heard you distinctly say, "Stand off, or I will fire"—I did not hear you say to Hammond, on the way to the station, that you would do for him and Lovell—I did not hear you say to the policeman it was a good job it did not go off—I was close by—I did not go all the way to the station—I was not at Guildhall.
WILLIAM ORAM . I am in the service of Mr. Lovell. On the afternoon of 4th Sept. I was in Basinghall-street—I saw Shipton advance towards the prisoner to take him into custody—he put his hand into his right-hand pocket, took a pistol out, presented it, and said, "Stand off, for your life! another step and I will fire"—he pulled the trigger; it missed fire, and flashed in the pan—I saw the flash—he was taken into custody, and I saw the pistol taken from him by Hammond.
Prisoner. Q. What did he do with it? A. Gave it to Shipton—when Hammond pointed at you, Shipton was on the kerb on the other side—the street is not more than five yards wide—there is not room for two carts to pass—he was not more than a yard and a half from Shipton when you presented the pistol—Shipton did not make any remark—he ran at you with his head downwards, and knocked you down—he was standing upright when you attempted to fire—I did not get under a cart; I was by a cart—I did not assist in getting the pistol from you—I was eight or ten yards off when you presented it.
EDWARD LONDON . I am a gun-maker, of London Wall. On 4th Sept. Shipton brought this pistol to me—I unscrewed it, drew the charge, and it contained powder and a bullet—I gave it to Shipton, folded up in this paper—this bullet-mould would make bullets to fit this pistol—I do not think the pistol had been fired, although it had been pulled—I do not think there appeared to be any soot on the pan—I think it was clean as it is now—I do not think it had been primed, or if it was, it was with such poor powder that it would not act as the best powder would—if it had fired it would have blacked the pan—I do not think it could have flashed in the pan—I did not hold the pistol in my hand while I unscrewed the barrel; I put it in a vice, so that I took no soot off the pan—when I saw it first of all, I think it was clean.
Prisoner. Q. Was the hammer back at the time? A. I will not be sure.—I opened it two or three times—I cannot say in what state it was when I first had it—I cannot say whether it was on half-cock or down—I think the trigger had been drawn, although the powder did not flash—there were the marks of the flint on the hammer—it always leaves a new mark.
JOHN ROE . I am a City-officer, attending the Justice-room at Guildhall. I produce a warrant issued by Sir Peter Laurie for the apprehension of the prisoner for using threats towards Mr. Lovell—(read)—the prisoner is the party named in the warrant.
Prisoner's Defence. I did present the pistol to the policeman; I do not deny that, but I deny ever drawing the trigger; the witness Shipton said I told him to stand back or I would take his life, and if he advanced another step I would fire; Hammond, though close to Shipton, never heard me say so; he says today he saw a flash: at Guildhall he said he saw a spark; the witnesses differ as to the words I used, and the gun-smith is not able to say in what state the pistol was when brought to him; I saw Hammond go to the policeman; I knew Mr. Lovell had a warrant against me; I saw Hammond tap the policeman on the shoulder; I was then just opposite Mr. Lovell's door, and the policeman might have been twenty-five doors from me; I went walking along as if I took no notice of them till I saw Hammond pointing to me, saying, "That is the man;" I took the pistol from my trowsers-pocket, not my jacket, and the moment Hammond said, "That is the man" I said, "And that is the man, so stand off;" those were all the words I uttered; I never did pull the trigger, neither was the pan of the pistol down when the policeman took it from my hand; I believe if the pistol was to be cocked the pan would not fall back, it falls but half-way.
GUILTY on 2d and 3d Counts. Aged 19.—Recommended to mercy by the Jury.— Transported for Ten Years. (There were also two indictments against the prisoner for sending threatening letters to Mr. Lovell.)
GUILTY .— To enter into his own recognizances to appear and receive Judgment
at the next Sessions.
NEW COURT.—Wednesday, September 19th, 1849.
PRESENT—Mr. Ald. KELLY; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. SIDNEY; Mr. Ald. LAWRENCE; and MR. COMMON SERJEANT.
Fifth Jury, before Mr. Common Serjeant.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 23.— Confined Six Months.
MR. T. CHAMBERS conducted the Prosecution.
HENRY BIGG . I was in the service of Messrs. Baker, of Newgate-market, On 24th May I was taken into custody for stealing meat from them—the prisoner was their foreman—on the morning of 3d May I was in the shop, boneing a brisket of beef—the prisoner told me to put that aside, and to bone another one which he wanted for himself—I boned that, and he put it on one side with some more meat for himself, and when Mr. Baker was gone, he put it amongst some meat going to the Model Prison—he did not weigh it—the meat for the Model Prison had been weighed and set aside before that—he hid this beef away under some meat—I saw him get into the cart and drive away—it was his duty to take meat every morning to the Model Prison.
Cross-examined by MR. HUDDLESTON. Q. Did you mention to any person one word about the prisoner, before you were convicted? A. Yes, before I came here to be tried I told Mr. Baker—the prisoner was examined before the Magistrate as a witness against me—it was after that I made the charge against him. NOT GUILTY .
HENRY BIGG . I was in the service of Mr. Charles Baker and another—it was my duty to take down meat in a cart to Christ's Hospital, at Hertford, on Mondays, Wednesdays, and Fridays. I have known the prisoner two or three years—about two months after I began to go to Hertford, I saw the prisoner outside his house—he keeps a beer-shop at Enfield Highway—it was about the middle of March—he called me, and asked if I would go in and have anything to drink—I did, and we had a pint of ale together—he asked me if I could bring down a joint of meat or two worth the money—I said I could, and took him down a leg of mutton the following day—he asked if I would stop there and take breakfast—he said I might as well stop there as anywhere, else, and he would get breakfast for me at half-past six in a morning—I stopped, and breakfasted there from that time, and I continued to take meat there every other morning; I did not miss once in any journey—I was paid for the meat about once a week, on an average of 4d. a pound—I remember leaving him a clod of beef in April; he paid me 4d. a pound for that—the fair wholesale price was about 5d. a pound—no bill was made of the different joints—when there was a settlement between us, we got a piece of chalk and chalked it on a board—he did not pay me in full; he always knocked off the odd halfpence—he told me he ought to have half the profit as well as myself—I put the meat in the cellar when I took it down, because it was a more sly place—he told me to take it down there, and nobody would have any suspicion—he said that several times—I had offered him a piece of meat once in the tap-room, and he told me not to offer it there, he would make it all right, and I took the meat into the cellar—I sold meat to other persons down the road—the meat which I delivered at the prisoner's was my master's; it was not paid for by me—it was given me by Wildgoose—I cannot say that I have not stolen some myself—I told the prisoner that
Wildgoose made an account of the meat—I told him he always weighed the meat, and gave me that meat over.
Cross-examined by MR. PARNELL. Q. Have you ever said before that Wildgoose made an account of it? A. I told Mr. Williams, at Hoddesden that Wildgoose made an account of it—Mr. Williams keeps a public-house—I sold him some meat—I told him the foreman gave it me to sell—I told it to Mr. Savage, Mr. Judd, and Mr. Welfare—I told them all that I had authority to sell—I sold a loin of veal to Mr. Henley—I sold some meat to the ostler—I sold meat to eight or nine different persons—it has been the custom for years to sell down the road—I had known Dudley several years before this—I was at that time with my mother, a butcher, at Waltham Abbey—I heard Mr. Baker examined about this—I adhere to the statement that 4d. a pound is not a reasonable price for meat with the bone out—my master knew nothing of the game that was going on—I had 89lbs. of meat in the cart—I did not know what was stolen till I got to Hertford—I did not tell the prisoner that I had only one joint that I had not disposed of, and it was not worth while to take that back—I used to call at the prisoner's as I came back—that was the last place I called at, and what I had not sold along the road I sold to him—I do not know whether Mr. Williams, who keeps the Bull, at Hertford, is indicted—I was examined at Enfield against the prisoner—I was coming away from his house, and was about a quarter of a mile from it, the morning I was taken, in June—I was not before the Magistrate till July.
MR. T. CHAMBERS. Q. You had 89lbs. of meat in your cart? A. Yes—I could not get the meat out of the cart—it was all packed in tight—the meat which I have left at the prisoner's on one journey I have taken away the next journey, and changed it for fresh meat in the cart—I never missed leaving meat at the prisoner's.
JOSEPH AYLOTT . I live at Enfield Wash. I know the prisoner very well—early in the summer I went to his house, and called for a plot of beer—he brought it—he asked me if I was the buyer of a leg of mutton—I bought it, and paid 6d. a pound for it—I did not see it before I bought it—I afterwards bought as many as three legs of mutton and a shoulder, but I do not know whether of him or his mother—I saw the prisoner the first time—I saw some of the meat before I bought it—I went down with Mrs. Dudley into the cellar under the tap-room.
HUMPHREY TUCKWELL (policeman, N 372). I remember Bigg being taken on 25th May—a fortnight or three weeks before that I met the prisoner in the road—he said that b-----y rogue, Everett, had been writing to Mr. Baker about his man bringing some meat down to his house; that a person came there and asked him if he could get him a clod of beef, and he said, yes, he could, and he spoke to Mr. Baker's man about it, and he brought him a clod of beef, and he brought him several before—he said he could play the d----l with the other butchers; he could sell meat a good deal cheaper than they could, if it were not for hurting his brother, who was a drover—he said Mr. Baker bad no objection to his selling it if he could get a penny for himself—I had seen Bigg's cart stop there from time to time.
Cross-examined by MR. CLARKSÓN. Q. It was the prisoner who first spoke to you about it? A. Yes—I have known him as a resident in the neighbourhood for ten years—I never heard anything but a respectable character of him—I had seen Bigg's cart frequently at his door.
door—Bigg went into the tap-room—he remained there some time, and then went into the cellar with the servant-girl—in a few minutes he came up, placed something on the foot-board of the cart, and drove away.
RICHARD WATKINS (police-sergeant, N 30). I searched Mr. Baker's cart, with beef in it, on 25th May, first in Green-street, and then at the police-court at Enfield—I took a stale leg of mutton, wrapped up in a black cloth, from the foot-board—I stopped the cart on the road—there was a hamper in it, and meat packed quite close on the shelves.
Cross-examined by MR. CLARKSON. Q. Was the hamper directed to Mr. Payne, a grocer? A. Yes—the hamper could not be taken out without disturbing the meat on the shelves.
BENJAMIN BLOOMFIELD BAKER . I am the son and partner of Charles Baker. In the spring of this year the average price of beef, and mutton, and clod of beef without bone, would be 5d. a pound—4d. a pound was a price at which it could not be bought retail—we did not give our men any authority to sell meat down the road—we have missed large quantities of meat.
Cross-examined by MR. CLARKSON. Q. Do you sell beef to the Model Prison at Pentonville? A. Yes—our price now is 6d. a pound for joints.
NOT GUILTY .
(No evidence.) NOT GUILTY .
(No evidence.) NOT GUILTY .
(No evidence.) NOT GUILTY .
1746. WILLIAM WILDGOOSE, JOHN PEASGOOD , and CHARLES CHAMNEY , unlawfully conspiring, by false pretences, to take and carry away from Charles Baker and another, divers moneys, joints of meat, goods, and chattels. (No evidence.) NOT GUILTY .
MR. PRENDERGAST conducted the Prosecution.
Cross-examined by MR. PARNELL. Q. How long was it since you saw the prisoner before this charge? A. I cannot say; I do not think it was as much as a dozen years—my sister is now living in the parish of St. George's, near Stepney, with her son, whom she had by the prisoner—she has been living with William Nash, a mast and blockmaker, about four years—I do not know that she is married to him—she passes as Mrs. Nash, and is so called in the neighbourhood—I call her Mrs. Nash—she is not prosecuting this indictment—his third wife is getting up this case—I do not know that she has got a companion too—I do not know a man named Briggs—my sister is not here, on account of ill-health.
Cross-examined. Q. Where are you living now? A. With my mother; when I was married I was living with Mrs. Fitch, in Henrietta-street, close by my mother's—Mrs. Fitch was in lodgings—her husband is a cabinet-maker—I lived with her about five weeks—I was living with my mother when the prisoner came to attend my brother as a keeper—I did not live with the prisoner before I married him—I left him in July last, in consequence of his trying to strangle me—I went out alone with my child, three months old, with the intention of drowning myself—I did not go away with a man named Briggs—I had to go out for my life with my child, as he did not turn the key on me then—I have seen Mr. Briggs—I have not been living with him—I had no quarrel with the prisoner about Briggs—before I went away Mr. Briggs had assisted me when I was left without bread in the house, and Mrs. Jersey applied to Mr. Briggs to know if he would lend me money—I thought by writing to my brother I might be able to pay it—in consequence of my getting the money I had some words with the prisoner—he said if I had money from any person it must be through imprudent conduct—I said Mrs. Jervis brought me the money—I took nothing away with me but what I stood up in, and they were the worst of clothes—I had been washing—I had before disposed of a time-piece of my own and a ring—I never touched one of the oil paintings—there are many duplicates in Court of things that have been pledged for my support and my child's—my husband partook of it—part of them I pledged, and part he pledged himself—I pledged none without his permission, and they were bought with my money, my share of household property from my grandfather—I had 350l., which, in consequence of the prisoner's usage, I sold out.
GUILTY .— Transported for Seven Years.
MR. PRENDERGAST conducted the Prosecution.
LYDIA READER . I am the sister of Elizabeth Williams. The prisoner was married to her on 5th May, 1828—she was alive last night—she was living with the prisoner up to the time of his leaving her—she has not been living with Nash more than five years—I cannot say how long the prisoner lived with her.
Cross-examined by MR. PARNELL. Q. Did they live together more than two or three years? A. I should think about seven years—they parted through his ill-usage—I did not live with them—I say it was through his ill-usage, by my sister's black eyes and bruised face—she said he did it—I did not see any bruises about the prisoner—he used to beat her—she was in ill-health—the prisoner was then a hair-dresser—when he left her he left a shop in Ratcliffe-highway—he left her in a state of destitution.
ANN CORDELL . I was a widow—I married the prisoner on 22d Sept., 1840, at St. Saviour, Southwark—I was then a licensed victualler—I had a public-house and business—after marrying him, he brought everything to ruin very quickly—he lived with me between two and three years—my furniture and everything was seized for rent—I had no property but my business, which was worth 400l.—that is all gone—when my house was gone the prisoner went too—he left me and my two children by my former husband, in an empty room.
Cross-examined. Q. How long had you known him before you married
him? A. He had used my house before for some months—I did not know his first wife at the time I married him—he told me he had lived with a woman, and she had a son by him, and he allowed that son so much a week—it was near twelve months before I knew he was married, when his wife came to my house—she made no objection—I lived with the prisoner after that—I do not know a man called Shallow Jemmy—I have not lived with any one since I lived with the prisoner—I live with my son.
GUILTY .— Transported for Seven Years more.
MR. HUDDLESTON conducted the Prosecution.
SUSANNAH ARGENT . I live in Horse-ferry-road, Westminster. In July, 1846, I was indebted to Messrs. Johnson and Graves—on 25th April, 1847, I received a summons from the County Court, in the morning—the prisoner came in the afternoon—I did not know him—he said he came from Messrs, Johnson and Graves—he referred to the summons, and said Mr. Graves was a very nice man, and he did not wish to hurt any one, and instead of paying the money into Court I could pay it to him by instalments, which I was very glad to do—I gave him 3s.—he did not say who he was, but I thought he was one of Mr. Graves' men—I afterwards gave him half-a-crown and two shillings—I paid him these sums, because I thought he was authorized to receive them to stop the execution—he received the money as Johnson and Graves' servant.
Cross-examined by MR. COCKLE. Q. Did more than one collector call on you? A. Before I was summoned, a short man, named Smith, called, but never after I was summoned—I never saw the prisoner after I paid him the last amount till I was brought to the Southwark Court—Sergeant Baker asked me if I should know the man that I paid the money to, and he took me into a place and turned a lot of men out of the lock-up—I pointed out the prisoner, and said that was the man I paid the money to—only one other collector called on me besides the prisoner—the person who received these moneys gave me a receipt for some of it, but I never asked for any—I expected, when I paid the whole, I should have a receipt for it—I produced a receipt before the Magistrate—I gave it to a gentleman who, I believe, was clerk to Mr. Graves' solicitor—this is it (produced)—it is for 1s. 6d., but it was part of the half-crown.
JOSEPH GRAVES . I carry on business with Mr. Johnson, in Blackman-street. In 1846, Mrs. Argent was indebted to me—the prisoner was not authorized, in 1847, to receive money from any one—I cannot find any entry in the book of the payment of these 3s., half-a-crown, or 2s., from Mrs. Argent—he has never paid them to me.
Cross-examined. Q. You are acquainted with the prisoner's writing A. I am—I have seen this receipt before—I am not certain of it, I think it is his writing, but he was tipsy at the time—we always have several collectors—Mrs. Argent's house is not in the prisoner's district—it is two miles or more from our shop—it is John Child Smith's district—Douglas Payne was a collector in our employ—he is gone to America—I swear this receipt is not Payne's writing—Smith was not the prisoner's master—he was not appointed to superintend the prisoner—they were clerks together—I superintend them—Smith kept the books—he had not the entire management of the Court business—I know Mr. Angel, a linen and woollen-draper—I
deal in woollen-drapery—his shop is not exactly similar to ours—I believe the prisoner was not in his employ—I have not been to his shop, in search of the prisoner.
MR. COCKLE called JOHN CHILD SMITH. Some time before and after 25th April, 1847, I was in the employ of Messrs. Johnson and Graves—their collecting was divided into districts—Argent's house, at Westminster, was in my district—(Susan Argent here said, "I paid this man before I had the summons")—I sometimes sent out notices, and sometimes the prisoner did it—I received money of Argent before she was summoned, and afterwards too—I received 4s. of her, in two payments—I said she had better pay it to me than into Court—this is a receipt I gave her.
Cross-examined by MR. HUDDLESTON. Q. Is this your writing? A. Yes—there is no doubt that I paid the money to Messrs. Johnson and Graves—it would be in the cash-book—I was charged with an alleged embezzlement—I said a month ago that Argent had paid me—I was here last session, to give evidence if it was wanted—the money that I was alleged to have embezzled was paid by my sister, and it was not pressed—I do not know the date that I received the money of Argent—I received a half-crown and 1s. 6d., that was all. GUILTY . Aged 36.— Confined One Year.
JAMES NEWMAN . I live in Manchester-mews, Manchester-square. On Monday night, 28th Aug., I was at the White Lion, at Paddington—I was intoxicated—I saw the prisoner outside—I asked him to take me home—I had my watch with me—he took me home—I cannot say whether he took me up-stairs or not—I lost my watch and chain—these are them (produced).
Cross-examined by MR. O'BRIEN. Q. Were there many persons in the White Lion? A. I was with some friends—I had my watch while I was there—I cannot say whether I went into any other public-house after the White Lion—I expended all the money I had at the White Lion—I would not undertake to say that if I wanted more drink, and had not money to pay for it, I did not give the wa ch to the prisoner to get more drink—I have no recollection of having gone into some other public-house.
MARTIN PALMER (policeman, D 214). About three o'clock in the morning of 29th Aug., I saw the prisoner in the neighbourhood of Manchester-mews, running without shoes—I took him, and found this watch and chain on him.
GUILTY . Aged 27.— Transported for Seven Years.
WILLIAM JOSEPH INGRAM . I am a bootmaker, of Marylebone. On 25th Aug., I was at dinner—a person said something, and I ran out—Kenny beckoned to me that the prisoner was gone down William-street—I ran down
Circus-street, but I lost sight of him—I lost a pair of boots—these are them (produced).
Prisoner. Q. What do you swear to me by? A. You had no coat on when you were token, but you had when you came out with the boots—I know it was you.
WILLIAM JONES . About a quarter-past one on 25th August I saw the prisoner come across the New-road with the boots, and he threw them over the wall—I tried to stop him—his comrades came and said, "What have you to do with it?"—they struck me and gave me a knock on the jaw, and on the Sunday night afterwards they assaulted me again, and gave me the wounds which I now have on my face.
Prisoner. Q. What do you swear to me by? A. By your features—I have seen you in the New-road several times, trying to pick pockets.
Prisoner's Defence. I was going on an errand for my father, and heard a cry of "Stop thief!" I asked a little girl to let me go to the water-closet; I was there two or three minutes, when the policeman came; he went in the kitchen, brought out an old velveteen coat; he said, "I dare say this is his coat;" but I had had no coat on.
WILLIAM RANSLEY (police-sergeant, S 61.) I produce a certificate of the prisoner's conviction—(read Convicted July 1848, and confined six month)—he is the person—this is the same coat he had on when I took him then. GUILTY . Aged 18.— Transported for Ten Years.
MR. PARNELL conducted the Prosecution. GEORGK KNIGHT. I am partner with Joseph Knight—we are dry-salters, in Thames-street—the prisoner was our warehouseman—he had been with us between three and four years—his wages were 22s. a week—it was his duty to take care of the warehouse and make up parcels—he had no authority to send out goods without an order from me, or an invoice—we had formerly a customer of the name of M'Nair, a soap-boiler in Poplar—his account was closed in March or April this year—he was a bad customer, and the prisoner had been cautioned not to send anything to him without our special orders—I did not order him to send any goods to him on 4th August—on 6th August I called the prisoner into the counting-house, and said I was satisfied that he had been robbing us; that I knew where five firkins of soap had gone to on the previous Saturday, and that I had no doubt that the other ten firkins and ten halves had gone—he said, "I took the five firkins; I did not take the others"—I then ordered him off the premises—the value of the five firkins in this indictment is about 4l.
Prisoner. Q. Was Mr. M'Nair a customer of yours? A. Yes—when goods were delivered to him it was your duty to take the casks to the cart—when goods were ordered for him, certain goods were pointed out to you—you were told to deliver them, and no others.
to come to the warehouse—he delivered me five firkins, which were to be taken to Mr. M'Nair's, in Fox-lane, and paid me for the cartage—I took them—I did not deliver other goods that day—I took these between seven and eight o'clock—the prosecutor's time for shutting up, was from six to half-past seven o'clock—Messrs. Knights used to pay me for other cartage.
Prisoner. Q. What did I give you? A. 3s.; I do not know that I have been convicted of felony—I am not in the Compter now.
HENRY LOWE . I am warehouseman to the prosecutors. It was their habit to close their warehouse from six to half-past seven o'clock—on Saturday night, 4th Aug., when I was going away, I said to the prisoner, "Are you going?"—he said, "No," he was bad in his inside, and was not going—the carman had not been there before I went—I saw the prisoner there at six o'clock, and went away, leaving him there—I saw the carman with his cart on Dowgate-hill, twenty-five minutes after I left, with some firkins in it—I knew one of the firkins—I gave information to the prosecutors on Monday.
Prisoner. Q. Can you swear to the firkins in the cart? A. To one of them; it was my marking—no other firkin was marked like it. GUILTY . Aged 28.—Recommended to mercy by the Prosecutor.— Confined One Year.
MARY MUDDIMAN . I am the wife of William Muddiman; we live at Homsey; we keep a receiving-house for letters. The prisoner was in the habit of coming for letters—he came on 12th Sept.—I had left my niece in the shop, while I went in the washhouse—the prisoner came, and sent her out into the street to pick up a stick about twenty yards off—I went into the shop in about ten minutes, and found several shillings, sixpences, and groats gone from the till, and eleven pence in copper—I did not see the prisoner in the shop, but I heard him—no one but him had been in the shop from the time the money was safe, about half-an-hour before.
HENRY BOVIS (policeman, N 897). I went after the prisoner, and found him in the King's Head public-house drunk, and asleep—I took him—he palled this money out of his pocket—here are five shillings, some sixpences, groats, four old coins, and some coppers—here is one particular penny-piece.
Cross-examined by MR. COCKLE. Q. How far is the public-house from the prosecutor's? A. Just opposite, across the road.
Cross-examined. Q. How long have you had it? A. Three or four days—the prisoner had been there that day, about two o'clock, to buy a stamp—he gave me 6d., and I gave him 5d. change—I swear I did not give him this penny; it was in the till after he was gone—persons come there all day—no person came between the time of my seeing this penny and the prisoner's coming, the last time that I had occasion to open the till for—my husband was out serving his customers—there was no one there but me and my niece.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution. MARIA FOSTER. I am waitress at the West-end Dining-rooms, 312,
Oxford-street. I knew the prisoner by his coming to the rooms to dine-shortly after I knew him he made proposals of marriage to me—he said he had been in the army, at Malta—he had at that time mustachios, and bad the appearance of a military man—I then lost sight of him for some time—I saw him again at the dining-rooms in June, 1848—he told me he had been in Spain, in the Spanish army—he had no mustachios then—he again made proposals of marrying me—he bought a wedding-ring and showed it me—we were to be married in a day or two afterwards—I received this letter from him, with a duplicate in it—I took the duplicate to the pawnbroker and got a ring out—(This letter requested the witness to redeem the ring, which he had got for a debt from Mr. Howell, of Cambridge, and requested her to accept it as a present)—I paid 1l. out of my own pocket, and took the ring out of pawn—the prisoner afterwards took that ring as a pattern to get the wedding-ring of the same size—I never got it back—on 30th June, 1848, I saw him; I had then a watch and chain, worth 21l.—I had been eight years employed as waitress, and had saved some money—he asked me to lend him the watch and chain for a few hours, to go to a dinner-party with those gentlemen with whom he was thinking of taking a situation in the Bank—he promised to return it to me again at six o'clock that evening—at the time be took it we were in a cab—he had not asked me to lend it him before—he took it from off my neck—I then left him—I saw him again at ten o'clock the same evening—he then had the chain round his neck, the watch in his waistcoat-pocket, and the ring on his finger—I asked him for them—he said, "Don't make a bother, you shall have them presently"—I saw him again at eleven o'clock—he had not got them then—he said he had left them at a friend's, up the street, in safety till the morning, because he thought there was a woman who was following him, and wanted to rob him—I did not see him any more till 20th Aug. this year, when I met him accidentally in the street—I asked him for the watch and chain—he said he had pawned them at Vaughan's, in the Strand, on 13th July—when I knew him before, he went by the name of George Fitzroy Campbell—this is my watch and chain (produced).
Cross-examined by MR. ROBINSON. Q. Do not you know that it is the custom of persons who go abroad to change their names? A. No; I am not certain that it was on the 30th June; it was in that month—I was in a cab with the prisoner that morning—I went in the cab with him, about a quarter to twelve o'clock—I was in the cab about half-an-hour—we had come from Holborn and went through Leicester-square—we had been there to buy a bonnet, which the prisoner paid for—he had been drinking a little when I saw him at eleven o'clock—he had also bought me a watch-hook—nothing more—he has not bought me wearing-apparel—I have not been to shops with him repeatedly to buy things—never to buy any stockings—I never had anything of him—I have not been to taverns with him—I have taken refreshment with him—we sometimes had half-and-half—I do not believe I have had any gin; I have no recollection of it—I have never been to any other house but taverns with him—on my oath I have never had * * * with him—it is two years ago since I have been at taverns, with him drinking half-and-half—I have sometimes been out half-an-hour or an hour with him—the latest time in the evening was seven or eight—I will swear I have not been later than eleven—I have never given him things to pawn—he has never pawned things for me—I have never received any money as the results of his pawning—when I have been to taverns with him he has paid—there was a woman followed him in, that night, but I know nothing of her—I asked her what she wanted—I
was not a little jealous of her—I had no struggle with her as to who should put on his great coat—I asked the prisoner who that woman was—I had no quarrel with him respecting her—I did not give him into custody the first time I saw him after this—I saw him once first—I was not at that time drinking brandy-and-water with him—I had no water—I had a small glass of brandy in the cab—he was not in the cab; he was outside—the cabman brought me the glass of brandy, and I drank it—I did not pay for it—I never drank brandy in that way but that once—I was with him on that occasion about an hour—I had nothing else with him but a biscuit—on my oath I had not seen him from July 1848 to Aug. 1849, and he would have shunned me then if he could—he never wore the watch before—he had never worn any other trinkets of mine—I bought it with my savings—he never pawned any other gold watch and chain of mine—I gave him another watch to get repaired, and he told me he had thrown it at a cabman, and smashed it all to pieces—the value of that was about 3l. MR. BALLANTINE. Q. How much did the watch-hook cost? A. I think 7s. 6d.—he has got from me altogether about 80l.—I am still in the same situation.
MARY COOPER . I am married. The prisoner lodged with me—I pointed out his room to the officer—the prisoner came there on 20th Aug., and staid till the following Saturday—he said he was a railway-surveyor—he gave me the name of Campbell Martindale.
Cross-examined. Q. Have you other lodgers? A. Yes, but not in the prisoner's room—he bore a respectable appearance, as if he might be a railway-surveyor.
JOHN HOWARD LATHAN . I live at Pimlico. The prisoner lodged with me about four years ago, by the name of George Martindale—he came in Nov., and led me in Dec.—he described himself as a baker, who came from Derby in search of business.
GUILTY of Larceny. Aged 34.— Confined Eighteen Months.
GUILTY . Aged 31.— Confined One Month.
MR. BALLANTINE conducted the Prosecution. WILLIAM CHAMBERS. I am a gun-smith. I am not in any one's service—I called on the prisoner, I cannot say on what day—I went to him several times before—I asked him if he wanted to buy a gun-stock—he said not at present—he had bought the barrel and lock of it two or three days before—I had stolen it and the barrel-stock from the India view-room—he gave me 2s. 2d. for them, and 1s. for the stock—when I first asked him to buy a barrel and lock he said he did not care about buying such things—he asked what 1 wanted for them—I told him 3s. 6d.—he said, no, if I liked he would give me 2s.—I said I should get nothing for selling it, would
he give me half-a-crown—he said, "No"—I said, would he give me the price of a pint of beer—he said, "Yes," he would make that all right—I did not tell him where I was to get it.
Cross-examined by MR. PRENDERGAST. Q. You told him you were selling it for some person to whom it belonged? A. Yes—he asked me if I thought it was all right—I said yes, as far as I knew—I am not aware that gun-stocks and barrels are sold under their value from their being wasters—I met him a day or two after, and asked him if he would buy the stock—he said no, he thought he should get into trouble about the barrel and lock, and he went on—I met him again a day or two after, and he asked me to bring the stock—I am not aware that he knew I was a thief.
THOMAS KELLY (police-sergeant, H 2). I took Chambers into custody for stealing guns on the 27th June—from what he said to me, I went to the prisoner's house, in Back-lane, Whitechapel—he is a small master gun-smith—I told him I came for the gun-stock that he purchased from Chambers for a shilling, and that Chambers was in custody—he said, "Very well, come into the shop"—I went in, and he produced the gun-stock—I said, "You must know that this is stolen, you bought it from Chambers?"—he said, "I did not buy it of him, I lent him a shilling on it"—in coming along he was asked if he received any more property from Chambers—he said, "Yes, come back"—we went back, and he gave me the gun-barrel and lock—he said that Chambers left them there.
Cross-examined. Q. Chambers has never been prosecuted? A. I believe not—the prisoner was discharged, and Chambers was sent to prison—I did not prefer any bill against him—I had nothing to do with it—I was not bound over to prosecute him—I should have done so, but there was a legal adviser.
(No evidence.) NOT GUILTY .
CAMBRIDGE pleaded GUILTY . Aged 27.— Confined Six Months. DAVIS pleaded GUILTY . Aged 35.— Confined Three Months.
MARY CHAPMAN . I was in Mr. Harding's shop, in Whitechapel, on 22d Aug., about twenty minutes after two o'clock—the three prisoners came in—they asked for a bonnet—I showed them some—they did not like them—I showed them some more—they said they were too small—I showed them some more, and after they had chosen one, they asked me to show them some ribbon, which I did—they chose some, and then asked if I would take half-a-crown—I said, "No"—they then left—these bonnets were there when they came; when they were gone, I missed them—I did not sell the prisoners either of them.
WILLIAM HARDING. I came into the shop—Sherbourne and Burnas were looking at the bonnets—Simmons was walking out of the shop—the police-man afterwards came and took me to the station—these three bonnets were there—they are mine.
JOHN SPITTLE (City-policeman, 9). I followed the prisoners to Mr. Harding's shop, in Whitechapel-road—Simmons came out first, and went to Osborne-street—the other two prisoners came out afterwards, and joined her—I went and took them—Burnas had these three bonnets—they said they had bought them in Petticoat-lane.
WILLIAM NOAKES (policeman, M 104). I produce certificates of Sherbourn's and Simmons's conviction at this Court—(read—Convicted July, 1849, and confined one month each)—they are the person. BURNAS— GUILTY . Aged 28.
SIMMONS— GUILTY . Aged 22. Confined One Year. SHERBOURNE— GUILTY . Aged 19.
WILLIAM FLETCHER SNOW . I keep a shop in the parish of St. Ann, Westminster—it is my dwelling-house. On 23d Aug., about five in the afternoon, I heard a cry of "Stop thief!" and a noise in my hall—I went down, and found a piece of cloth in my ball—I saw Wilson on the opposite tide of the way—I went over and collared him—I brought him back to the shop—the cloth had been removed about two feet from where it bad been—it is mine.
Cross-examined by MR. O'BRIEN. Q. When you got back to your shop. with Wilson, who was there? A. No one—the cloth was standing up on end against the side of the door when I saw it—it was outside the shop, in the hall—there is an inner door leading from the hall into the shop—Osborne pointed out Wilson to me—when I brought him in, he said he knew nothing about the cloth, and asked me what I took him for.
ROGER EDWARD BAKER . I am foreman to Mr. Snow, of Frith-street, Soho. About five in the afternoon, on 23d Aug., I saw Collins with the piece of cloth in his hand—he ran away—I followed him—I had seen the cloth safe about two minutes before—I had seen Wilson in the street alone, between three and four o'clock.
Collins. Q. Did you see my face? A. Yes, I was at the end of the shop—I lost sight of you as you were turning the corner, running—you knocked a man down who was trying to stop you.
JOSEPH OSBORNE . I saw Collins come out of the prosecutor's house—Wilson was then on the opposite side of the way—I had seen them together in Greek-street, about three o'clock, and two other thieves with them, and then about four o'clock I saw the prisoners in company, in Frith-street.
Cross-examined. Q. When you say Wilson was opposite, was he walking? A. Yes, and Collins ran away pursued by Baker.
Collins's Defence. A man stopped me and said there was a cry of "Stop thief!" and he wanted to know if I was the man; Mr. Baker brought me back; there was no cloth in the hall then; Wilson was in the shop and they accused me of being with him, which is not true; 1 know him personally; that is all.
Smith, convicted February, 1849, and confined three months)—Collins is the man.
COLLINS— GUILTY . Aged 26.
WILSON— GUILTY . Aged 22. Transported for Seven Years.
OLD COURT—Thursday, September 20th.
PRESENT—Mr. Baron PLATT; Mr. Justice WILLIAMS; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CHALLIS, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
GUILTY . Aged 24.— Transported for Fifteen Years.
Before Mr. Baron Platt.
MESSRS. BODKIN and T. CHAMBERS conducted the Prosecution. CHARLOTTE GRANT. I am a nurse in the service of Mr. Buller, of Par-sonage-road, Enfield, and was so in June and July last—I know the prisoner, and knew the deceased John Cock, he was Mr. Buller's footman—I saw the prisoner at Mr. Buller's, on Sunday, 1st July—about three in the afternoon I was up-stairs preparing for Church—the deceased came up and asked me to come down and see his baby—I said I would come down when I was ready for Church—I went down in about five minutes, and went into the kitchen-there was no one there—I then passed through the kitchen to the pantry door—the pantry adjoins the kitchen—I there saw the deceased lying on his back, with his feet in the kitchen and his body in the pantry—the prisoner was standing by his right side, close to him, more towards his head than his feet, and she had the child on her left hip with her arm round it—through the door where the deceased lay on the left, there was a dresser, and immediately on his right there was a sink—the prisoner was between him and the sink, with her back to the sink and her face towards him—I heard no cry or exclamation before I went down—nothing had attracted my attention—I had tocóme some distance from my room, along a passage and down a flight of stairs—any one in the pantry might have called out without my hearing it in my room—the deceased appeared dead when I first went to him—as I approached the pantry door the prisoner asked me to go and fetch a doctor—I immediately ran to the bottom of the stairs and called the cook, who was up-stairs dressing for Church—I directly returned to the pantry and said, "Perhaps he is only faint, there is no occasion to fetch a doctor"—she said, "For God's sake fetch a doctor; see what I have done," pointing to the body at the same time—» then looked at the man and saw blood on the top of the left waistcoat-pocket—I had not seen that before—I did not touch him—he had no coat on—then went to a neighbour and requested him to go for a surgeon immediately—I did not see the cook come down—I had then gone out for the doctor—had
not seen the deceased for an hour or two before this happened—I had not dined with him—I dined in the nursery—I had the children to attend to.
Cross-examined by MR. COOPER. Q. YOU were not in the kitchen when the prisoner first came? A. No, I had not seen her before I saw her in the pantry, as I have described—I had seen the deceased in the morning before he went to Church, and he appeared perfectly comfortable then—I had not seen him after his wife came—the prisoner was standing upright when I went into the pantry—she did not appear as if she had been stooping—the child was dressed just as it is now, and the prisoner had a bonnet and shawl on—I always had my meals in the nursery—there is a door in the pantry which leads out into a passage, which is near the staircase, communicating with the upper part of the house—the family were not in the habit of using that door as a passage into the kitchen, and I do not know that the servants did—I never did—I have lived there nearly two years, and have seldom seen the servants pass that way—I do not know how the door was that day—the staircase it leads to is the same staircase which I descended to come into the kitchen—after descending the staircase, before you reach the kitchen, you have to come through three doors, the kitchen door being one, before you enter the kitchen—the sink faces you as you enter the pantry door—I did not see where the knives were lying—I did not observe anything lying at the deceased's feet—I do not know where the steel was kept on which the knives were sharpened—I did not see it—I saw the body of the deceased about two hours after, when he was lying on a bed—when I first saw him in the pantry his eyes were closed—I did not see their appearance at all—I ran fora doctor directly—I have never stated to anybody that his eyes appeared sunk in his head—I did not observe the appearance of his cheeks—his features did not look haggard to me—I merely saw him, and left instantly.
MR. BODKIN. Q. YOU came down a staircase from an upper room? A. Yes, down one pair of stairs—there is a bend in the stairs—the nursery is at the top of the stairs—I did not pass the door into the pantry as I came down—when you come down the stairs there is a straight passage, and the kitchen door is at the end of it—the prisoner had her back to the sink, when I went into the pantry, touching it—anything in the sink would be within her reach—she stood about the middle of the bodv, which was at her left hand.
COURT. Q. I think you say when you went down, his feet were protruded into the kitchen, and his body in the pantry? A. Yes—the sink is on the right side, fronting the kitchen door—when you go in at the door it is opposite it, but you cannot go into the pantry without turning to the right—the cook was in a room up another flight of stairs—she could not have heard any calling out from the pantry—I went to the foot of the stairs to call her, because I thought I should not have been heard where I was—she was farther off than my room.
MR. COOPER. Q. Was the door communicating with the pantry open or shut? A. Shut—I did not open it—I entered through the kitchen.
JOHN EDWARD BULLER, ESQ . The deceased was in my service about two years, at Enfield—I have known him about twenty years—I procured him a former situation with Mr. Twopenny, the conveyancer, in the Temple—I have reason to know that he was a man of religious feeling and principle—I was out of town when this occurrence took place: I think I went on the Friday or Saturday previous—he appeared then to be in his usual health and spirits—I had seen his wife on several occasions, and, from certain reasons, I forbade her coming to my house—I prepared this plan (produced)—I believe it is correct in its measurement, according to a scale at the bottom—on the left-hand
side as you enter the butler's pantry from the kitchen, there is a sink, the nearest end of which is about two feet from the door—the sink is about four feet long altogether, and about twenty inches wide—the pantry is about sixteen feet by eight feet six inches in one part, and where the sink is it is about eleven feet—entering the pantry by the door from the kitchen, after you pass the sink, and proceed to the extremity of the pantry, you come to a door leading into the passage—it was the deceased's usual habit to keep that fastened inside, as he slept there—if it was fastened, the only mode by which you could enter the pantry would be by going through the kitchen, and through the door near the sink.
COURT. Q. Had you told the deceased that you would not permit the prisoner to come to your house? A. Yes, and the prisoner herself; a few days before this I had heard she had been there, and I cautioned him again against her coming—I said I must send him away if she came.
MARY CAPLIN . I was cook in the service of Mr. Buller, and had been so six weeks when this matter occurred—during that time, previous to the Sunday, I had seen the prisoner there once—on Sunday, 1st July, I was dining in the kitchen with the deceased and the coachman, about one o'clock, and the prisoner came in, bringing her child—she appeared to be in a very heated state by walking—I spoke first, and said, '. Oh, dear, what a heat you are in!" and I took the baby from her—I asked her to sit down and have a bit of dinner—she did so—her husband walked round the table, and said, "What brought you here?"—she said, "You know what I have come for"—those were the first words she spoke in the kitchen—the dinner was not over when she came in; they had just helped once round—when the prisoner said, "You know what I have come for," the deceased and she appeared a little excited with each other, and I do not know what the reply was—he seemed vexed at her coming, and she seemed a little out of temper with him—that was before she sat down to dinner—she had not sat down before the deceased asked her what she came there for, that was when she first came into the kitchen; she answered, and then it was I asked her to sit down to dinner—she thanked me, and sat down—they appeared angry with each other—he appeared angry with her coming, and she made an angry answer—I cannot exactly say whether her husband gave her a chair or not—the deceased sat down again at the table, and nursed the child while the prisoner had her dinner—he took the child from me—the deceased did not eat any more dinner after she came—the angry feeling subsided in a few minutes, I did not see it after a minute or two; I saw them conversing together, apparently without anger—the deceased was in and out of the kitchen to the parlour after dinner, till I left it, about three o'clock, and went up-stairs—the dinner was at one, and the prisoner came in about one, or a minute or two after—I went up-stairs at three o'clock, to dress for Church, and left no one but the deceased, the prisoner, and the little child, in the kitchen—the door between the kitchen and pantry was then open, as it generally was—my room is on the second-floor—while I was dressing the nurse called me at the bottom of the stairs—I heard her call—I had not heard any noise, or call, or shriek, or anything of that sort before; she called, "Cook, cook, come down directly, John is very ill!"—I went down immediately, went through the kitchen, and found John lying between the two rooms, across the doorway which separates the two—the prisoner was in the kitchen, crying—I saw her before I went to the doorway—I believe she said, "Fetch someone," or something of that kind—as I went through the kitchen, the steel on which we sharpen the knives was lying by the side of deceased's legs—it was usually kept in the pantry—I never recollect seeing it in the
kitchen before—the knife-tray was on the dresser, on the right-hand side, in the pantry, as you go in, facing the sink—there were white-handled knives in it—I had never seen the steel before that day, but I always understood it was kept in the pantry—I had never seen it in the kitchen—I did not notice any blood about the deceased—I went back into the kitchen, where the prisoner still was, got some vinegar, and washed the deceased's face with it—I believe I asked for it when I went into the kitchen—it was usually kept in the kitchen cupboard, and 1 went there and got out the cruet—the prisoner saw me do that—I do not recollect that she said anything when I washed his face with the vinegar—after I had bathed his face, I called, "John, John!" and tried to see whether he would speak—at last he said, "Humph"—I called him again repeatedly, and said, "John, here is your wife"—he said, faintly, 'What does she want?" and that was all he said—after I bad washed his face I saw blood on his left breast, and asked the prisoner what it meant by the blood issuing from the heart, and if ever she had heard him complain of an affection of the heart—she said "No, never"—that was after he had said, "What does she want?"—Mr. Asbury soon after came, and the deceased was found to be dead—before he came I had run down the drive to see if I could get anybody to come in, and I met Charlotte Grant, the nurse, there—I could not find anybody, and ran back as quick as I could—I could not have been gone above a couple of minutes—when I returned the prisoner was in the pantry, kneeling down, and looking at her husband—I do not recollect that she said anything to him—I think she was loosening his neckcloth, but I will not be sure—I then, for the first time, discovered that he was stabbed, just as Mr. Asbury came in—the prisoner was collected at that time—I said, "Good God, he is stabbed!"—I do not know that I said that pointedly to any one—the prisoner, Grant, and her mother, who had come in, were there—the prisoner was close by, standing on one side of the body, and I on the other—she did not make any observation.
Cross-examined. Q. Did she remain looking at him while this was going on? A. Yes, and kneeling by his side—I know the door leading from the pantry to the staircase—that is not used for the servants to go in and out of the pantry at, only the butler; occasionally the housemaid would—I have not done so since deceased came—on this day it was fastened inside; it fastens with a little bolt; I believe it has a lock as well, but it was not locked that day—when I first saw the deceased I exclaimed that he was dead or dying—that was my opinion—his face did not look haggard—it was blue, and different colours—his eyes looked ghastly—they were not sunk in his head; they looked merely like a person dying, a kind of film coming over them—they had no other appearance—it was about twenty minutes afterwards that I saw him dead—there was no one there but the prisoner and the deceased when I first came down stairs—the prisoner was in the kitchen, not the pantry—when I called and said, "John, John! here is your wife," he did not look at her—all he said was, "What does she want?"—the prisoner was crying for the first few minutes, but she recovered herself in a few minutes, and was quite collected.
MR. BODKIN. Q. When was it you exclaimed that he was dead, or dying? A. Directly I came into the kitchen, before I got the vinegar—the prisoner heard me say that—I think she was crying, and she said, "Oh dear! oh dear!" nothing more.
THOMAS SMITH . I am coachman to Mr. Buller—the deceased was foot-man and butler—I was dining in the kitchen with the cook and the deceased on Sunday, 1st July, when the prisoner came in—I remained there and
finished my dinner with the others—I then left the kitchen—it might have been about a quarter to three o'clock—I returned again about five minutes to three for my hat, to go to Church, and saw the prisoner and deceased sitting together, and he was nursing the child—I observed nothing particular about them—they seemed very comfortable.
EDWARD JACOB ASBURY . I am assistant to my father, a surgeon, at Enfield. I was called in to Mr. Buller's shortly after three o'clock on Sunday afternoon, 1st July—I got there about a quarter-past three—I found the deceased lying on his back, in the doorway between the kitchen and the pantry—the head was in the pantry, the body in the doorway, and the legs in the kitchen—I examined him—he was not dead when I first saw him he breathed once—I could feel no pulse—the body was warm—I saw blood on the shirt—the waistcoat was unbuttoned—I unbuttoned the shirt, and found a wound over the region of the heart—the instrument had penetrated the waistcoat—the wound was about an inch in length, and made by some sharp instrument—I then sent for the police-sergeant, Collins—at the time I was making these observations the prisoner, the cook, and two other women were in the kitchen—I said he was dead, and I believe the prisoner made some exclamation, but I do not know what it was—it seemed an exclamation of surprise—I remained there till Collins arrived.
COURT. Q. Where was the prisoner when you were examining the body? A. Sitting on a chair in the kitchen, three or four yards off—I think her exclamation was, "is he indeed!" or something to that effect—I did not see that she was distressed—she was nursing the child.
JOHN COLLINS (police-sergeant, N 24). On Sunday, 1st July, I Was called to Mr. Buller's house—I found Mr. Asbury, junior, there—I saw the deceased lying between the two doors—I asked Mr. Asbury if the man was dead—he said he was—the prisoner was then sitting on a chair near the deceased's head, nursing her child, in the pantry—I am quite sure she was in the pantry—I asked Mr. Asbury how it happened—he said he could not tell—I then said to the prisoner," How did this occur?"—she said, "I don't know"—she seemed perfectly cool and collected—she did not seem at all agitated—I saw there was blood on the deceased's left breast, but I had not seen the wound at that time—I noticed a butcher's steel lying on the floor just inside the kitchen-door, by the deceased's left knee—I also saw a knife-tray on the dresser, containing a quantity of knives and forks, and also some loose knives and forks lying on the dresser—I afterwards found in the sink this knife (produced)—there was blood on it, about three inches up the blade—the marks are here now, they appeared quite fresh at that time—I then held up the knife in my hand and said to the prisoner," Do you know anything of this?"—she said, "I know nothing of it; I never saw it before"—I then told her she must consider herself in my custody, on suspicion of causing the death of her husband, and she said, "Very well"—her manner was quite cool at that time—she appeared perfectly collected—I went out, leaving her in charge of another officer—I returned in about five minutes, and told her she must come with me to the station—she got up and said, "Very well"—she had the child in her arms—she gathered her clothes up with one arm, stepped her legs between the legs of the deceased, and stepped over him.
COURT. Q. Was there any other way of getting out of the pantry? A. No.
MR. BODKIN. Q. Did she go out before you, or did you go first? A. She went out before me—she was then conveyed to the station, which is about a mile from Mr. Buller's—she walked with Holden, another constable, aud I went on first—she was about an hour under my observation, from the
time I first saw her in the kitchen until I left her to go on to the station—she did not in my hearing give any explanation of this matter during that time, she was taken before a Magistrate, and remanded till the following Friday—I conveyed her from the House of Detention to Enfield on that day—as we were going she asked me if there had been a Coroner's inquest on the body-nothing had been said about an inquest at the first hearing before the Magistrate—I said there had—she said, "What have they done?"—I said, "I suppose you know, your friends have informed you"—she said, "No, they have not"—I said, "Well, you will know, it is no secret; they have returned a verdict of wilful murder against you"—she said, "Is it possible? "she then asked what they had done with her husband—I told her that he was buried the morning before, in Enfield Church-yard—she said, "I think they might have let me seen him first"—on Tuesday, 3d July, I went to her lodging, at 40, Napier-street, Hoxton—she had told me where she lived, and gave me the key of the room—I found there five sovereigns, and 10s. in silver—the deceased's brother was with me—on a subsequent search I found two 10l.—notes, in the pocket of a dress in a box—I had possession of the key in the mean time—she had given me 5s. from her pocket—I searched the butler's pantry, and found some letters in a drawer of a chest of drawers—there was male—apparel in the drawers.
COURT. Q. Did you see the prisoner interfere with his neckcloth at all while you were there? A. I think I did, but I cannot be sure—I think I saw her put her hand upon his face—I do not recollect her calling out to him," John, John!"—I cannot positively say whether she did or not.
EDWARD JACOB ASBURY re-examined. The neckcloth was off before I came, and the shirt-collar unbuttoned; the shirt was not so unfastened as to enable me to see the wound; I was obliged to undo the studs, which I did. THOMAS HOLDEN (policeman, N 346). I was on duty at Enfield-station, on Sunday night, 1st July—the prisoner was there in my custody that night—I was in the same cell with her—between two and three o'clock in the morning she was very restless, and walked up and down in the cell—I had said nothing to her—she said, "I came past Enfield Church about twenty minutes past one, on my way to Mr. Buller's house; my husband did not know that I was coming down; when I went in, poor fellow, he changed; he would not have any dinner; I had my dinner. After dinner we sat down in the kitchen together; we had some words; he left me, and went into the pantry, and called me to him; when I went in 1 saw his hand on his side; I did not see any blood; he walked to the door, and laid down; he did not fall; I went up to him, and asked him whether I should get him anything; he said,'No, I shall soon be better;' I left him and walked across to the door, it was fast; I went back again and kissed his quivering lips; I screamed, and one of the Grants came down; I said, 'Go and fetch some one;' she said, 'Go you;' I untied his neckcloth and unbuttoned his shirt-collar"—and she said several times during the night, "Poor fellow, I hope he is happy, he done it himself"—after she had been fully committed for trial she was in my custody, and said to me," Suppose the worst should come to the worst, what would become of the property; would my child have it?"—I said I could not say. COURT. Q. Did you make any memorandum of what you heard her say? A. I did next day, not at the time—I have not brought that here, I did
not think it necessary—I am quite sure I did not utter a syllable to her that night—I cautioned her, and told her what she said would be used in evidence against her—she had a rug to sleep on—there was no female with her if she had occasion to retire for any purpose, I should go outside—I did go outside—I was not out more than two or three minutes at a time.
JACOB VALE ASBURY . I am a surgeon, of Enfield. I was called in on 1st July, to Mr. Buller's house—I got there after four o'clock—I saw the deceased lying on his back, between the kitchen and the pantry—I found a wound on the leftside, made by some cutting instrument—I afterwards made a post. mortem examination, by order of the Coroner—the wound was about an inch in length, and immediately above the sixth rib—the knife produced would make that description of wound—I passed another knife, of the same size, in the direction of the wound, and it corresponded precisely—the wound took a direction from left to right; first entering the left cavity of the chest, passing over the lower margin of the left lobe of the lung, and entering the pericardium, it transfixed the heart—the knife went through the right ventricle of the heart—I attribute the death to loss of blood from that wound—there cannot be the least doubt that that wound caused the death.
Q. Have you formed any judgment as to whether it was a wound that could have been inflicted by the deceased himself? A. It could not have been done by his right hand—I have not the least doubt about that—it is possible that it may have been done with his left hand—if it was done with his left hand, he must have placed his left arm in an unnatural position for striking a blow; that is to say, the elbow must have been drawn backwards, in this position (placing his arm close to his side), and the knife would go to the anterior part of the chest, anterior to the lungs—that must have been the case either with a back-handed blow or a front blow; in either case the arm must have been held back, to bring the point of the knife to where it entered, to inflict that wound—he was not a very thin man, but not corpulent; not so lusty as myself.
COURT. Q. At what part of the heart was the wound? A. At the apex of the right ventricle; a contraction of that ventricle would propel the blood in an opposite direction to that of the wound, and therefore he would live a much longer time than if the other portion of the heart had been reached—he might probably have lived twenty minutes—that is the side of the heart which propels the blood through the lungs, not that which supplies the brain, so that' his intellect would continue much longer than if the left ventricle had been wounded—he would not drop the instant the wound was inflicted—he would be capable of walking for some paces—he might be capable of speaking after he recovered from the fainting—when syncope takes place a coagulum of blood would fill up the orifice in the heart—I should say a man would probably be able to speak about fifteen minutes after receiving such a wound—I am not aware of cases where persons have walked half-a-mile after the heart has been wounded.
MR. BODKIN. Q. Was this a wound of the heart that would cause the blood to drip slowly, or the reverse? A. In a contraction of the ventricle there would be no loss of blood from the heart in the intervals—the loss of blood would take place as the ventricle was being filled from the office—during that time the blood would come in quantities—it would perhaps be five or six seconds after receiving such a wound before he would become faint and unable to stand.
Q. Do you believe that after the infliction of this wound, by whomsoever inflicted, this person could have walked, called another person to him, and
laid down on the floor, and afterwards speak so as to express his belief that be should soon be better? A. He might be capable of walking three or four paces; he would then feel faint, and probably attempt to support himself by the dresser, or any furniture that would be near him; he would then lower himself gradually to the ground; he would be conscious of a faintness coming on; and under those circumstances it is I account for his being on his back—if he had fallen suddenly he would have gone head first, and fallen on his face—I should not think the violence of the blow would have anything to do with it—it must have been inflicted with considerable force—when he recovered from the first syncope, which he would do by lying on his back on the floor, the horizontal position being the most favourable for him, he would be capable of speaking—the intellect would recover—it might be from five to ten minutes after receiving the blow that he would be capable of speaking—I did not observe a knife-tray on the dresser—I saw the dresser and the sink—if he had stabbed himself, I think that he could not probably have placed the knife in the sink—I do not think the knife would have been transferred from the left band to the right, and placed in the sink—I have seen cases of suicide by stabbing in the side, and I have read of other cases—I have not myself known a case of suicide by stabbing with the left hand—supposing the deceased to have committed this act himself, the direction of the wound was not such as would have followed a stab by himself with his left hand—I think if he had inflicted it with his left hand the arm would have been placed in a position which would give it the greatest purchase, and therefore the arm would have been extended, and he would drive the knife into his body—in that case the direction of the wound would be different; it would go from the surface to the centre; this traversed from left to right.
Cross-examined. Q. Will you tell me what part of the heart's circle cannot be reached with the right hand? A. It would be an extremely difficult matter for me to take that knife and to drive it into my chest in the direction this was—it might depend a good deal on the sort of chest and the length of the arm—it must be a longer arm than mine—you could not drive it in anteriorly with your right hand, because it is an unnatural position—it would depend a good deal on the position of the person—I have read a good many books on this subject—I know "Beck's Medical Jurisprudence," it is a very old work—there are extraordinary wounds committed by suicides, but they are generally on the right side—I do not know that they are in all positions.
COURT. Q. I believe in the centre of the chest there is a bone, called the sternum? Yes, to which are articulated the cartilages that fasten the ribs to the sternum—the wound passed behind the sternum—it passed immediately above the sixth rib, where the rib terminates in cartilage, and proceeded over the left lobe of the lung, horizontally, but inclining a little inwards—I do not think a person could inflict that wound upon himself, not to carry the point of the knife in the direction in which it went for three inches and a half—if he did he must draw the knife along—it could not be a stab—if he had done it himself it would have gone more directly inwards—it was a mere matter of chance that the heart was transfixed at all, because when the ventricle contracts there is a recoil, and at that instant the hrart strikes against the ribs, and at that moment the point of the knife must have come in contact with the ventricle, otherwise it could not have been wounded at all—the wound was three inches deep—I do not think the man could have inflicted such a wound in that direction; besides, the knife was not very sharp—the proximate cause of death was the loss of blood, not the blood filling up the cavity and preventing the action of the lungs—there was no blood in the right cavity of the
heart, consequently the right lobe of the lung was not impeded in its action—the brain is supplied from the left side of the heart—that supply of blood to the brain would continue, and so long as that continued, consciousness, power of speech, and ability to stand would remain, and for a much longer period than if the left ventricle had been wounded, because that would stop the supply to the brain—so long as the brain was supplied with blood, there would be no impediment to the intellect—faintness results from want of blood to the head—there would be a series of faintings and recoveries till death took place—in my judgment the wound could not have been inflicted with the man's right hand.
JAMES COCK . I am the brother of the deceased—he was not a left-handed man—I was in the habit of seeing him constantly—I was in the same service—I saw him on the Saturday—I do not know whether I saw him on the Sunday—I know the prisoner—they did not live on good terms—I have not heard her say anything about either of the female servants at Mr. Buller's.
Cross-examined. Q. I suppose your brother had the full use of both his arms? A. Yes—I know a good many married couples that are not particularly happy.
ELIZABETH SMITH . I live at 13, Shaftesbury-street, Hoxton. In the year 1845 I was housekeeper to Mr. Twopenny, a conveyancer in the Temple—I knew the deceased—I believe he was at that time in Mr. Twopenny's service, as his clerk—I saw the prisoner at the chambers in the course of that year—I remember some difference taking place—it was through jealousy—she was jealous of me—her language bespoke it—she used abusive language, and on one occasion attempted to strike me, but her husband prevented her and removed her from the chambers—it required some little force to do so—on one occasion, shortly after that, the deceased showed me his arm—it had apparently been stabbed with some instrument.
COURT. Q. How long ago was this? A. I really cannot say—it is some years ago—I was not examined before the Magistrate or Coroner.
MARY WARNER . I live at 272, Strand. In 1845 I had apartments in the same house with the prisoner—her husband lived with her at that time—they were there during the whole summer and autumn of that year—I had little opportunity of observing how they lived together, but I noticed that they were frequently in the habit of quarrelling—I and others in the house have gone up on occasions, in consequence of those quarrels—I did not know what the quarrels were about—I could never make out—in fact, not being my own concern I did not trouble myself much about it, only we were in a state of alarm and went up in consequence—I do not remember "murder!" being called—on one occasion we went up to the room—we did not go in, or try to open the door—I did not on any occasion see either of the parties—the lodgers went up to quell the noise.
SARAH CUNDELL . In the early part of the present year I lived in Napier-street, Hoxton, in the same house with the prisoner—I was rather on intimate terms with her—she has several times made representations to me about her husband during the present year, and before that—I know her to be an extremely jealous woman—her conversation was always upon jealousy of her husband—I cannot exactly call to mind what she has said—she has generally said that he was not constant to her—about four or five weeks before her husband's death, we were sitting at tea, and her conversation ran on jealousy, and she said I should hear of something before long, for the night before she had inquired the price of two pistols—I said, "I don't mind what jealous people say, they say anything; if I thought you were in earnest, I would get
my husband to write to him and put him on his guard—she said, "How can be help himself, if I am determined to do it?"—I said, "By not allowing you to go there, or coming here himself"—she then laughed and said, "Do you think I am going to be such a fool?"—I said, "I hope not, for the sake of this dear child," I had the child on my lap at the time—I do not remember anything more that was said that day, but on various occasions I have heard her declare that she would do for him, as she knew he was acquainted with other women—I have heard her at various times complain of the housemaid, and sometimes it was the cook, the nursemaid, and the governess—she said she knew they used to come to town with him, and he used to spend some time with them before he came to her.
Cross-examined. Q. I suppose you have beard a good many jealous people talk? A. I never knew many jealous people—I have read about them—some of this conversation was in the winter—that about the pistols was in the first week in June—I mentioned it to my husband, and he told me to take no notice, it did not concern us—when she said this she was angry—when she was not angry, she was calm, quiet, and sensible—I think I mentioned this to my husband the same day—she was not present then—my husband was never present when these conversations took place, nor any other person—she was always very kind to her child, and very fond of it—when her husband came to see her she generally saw him off by rail—she was not pleased when he came.
COURT. Q. YOU have been in their company, I suppose? A. By living in the same house, we were neighbourly, nothing further—her busband was living at Enfield at the time—she has frequently said she wished he had not come at all to see her, for he unsettled her very much.
HARRIET DE MORENTIN . I live at 8, Britannia-street, City-road. I know the prisoner—she took an apartment in my house, three years since—she was there but a few weeks—her husband came there during that time—I had a good deal of conversation with her about her husband on various occasions—I remonstrated with her, in consequence of the tone of those conversations—on one occasion she said her husband had ill-used her, and that she had on one or two occasions stabbed him, and she would again, she would kill him—I believe she was jealous—I gathered that from her observations—I advised her to govern her passion and get the better of it.
COURT. Q. Did her husband live in the bouse at that time? A. I believe he was there a week or a few days while she was there—I certainly did not believe she was in earnest when she said she would stab him and kill him.
JOHN COLLINS (re-examined). Among the papers I found in the deceased's chest-of-drawers were these letters—I saw the prisoner write on two occasions while she was in custody—I believe these letters to be her writing.
Cross-examined. Q. On what occasions did you see her write? A. The first was when she signed a receipt for some money which I gave her—I have it here (producing it)—that was in the cell at the station, I was standing close by her—the other occasion was in Newgate, when she signed a receipt for a 10l. note which I gave her.
(The following letters were hete read:—"Dear John,—I received your note this morning; I can't say pleased as I should have been if I had it before, as I think you have took your time thinking about it. You say that I never send to you without a complaint—pray what would you have me say? You ask me to let you know how I am, and because I tell you I am not well, you say I always make a complaint. But you need not ask many more times
how I am, for I shall not tell you, as you seem to think it is not true. I can't help thinking that you are very unkind to me; as to your loving of me, John, it is all false and lies. Your note was not very kind, so you can't complain of mine: but as your time is so taken up with the nurse, I can't expect you to send to poor me; but never mind, as all things are for the best. I am very unhappy, John; why do you go with the nurse, so as I beg of you not? I am afraid that there is something wrong between you and her, and if that is the case, that is why you don't care for me. How do you think that I can love you if you love some one else? no, John, you don't seem to care for me as you did before you went there—why is that? because you have got some one else there, and if that is the case you shall have reason to be sorry for it. Please to send me an answer by return of post."—(Post-mark, 20 June, 1849.) "Mr. Cock,—I received your letter yesterday, and wonder how you can say I sent you an unkind one. I think you are the most unnatural man that ever was, to think of your sending me back all across the fields, one of the coldest nights we have had; the beasts of the field would have more feeling for their young, and to say that you love him, you are a liar to say such a thing as to love my baby or myself. I shall not tell you, let him be as bad as he may. I shall not send for you, mind that. I should be glad if you would come to some arrangement with me not to come and see me at all, but allow me something as I am not to come near you, and when I do to be served like that. O, you beast! to come to me after you have been with your whore. You d—d devil; would to God you might be dead by the time this comes where you are; I feel that I should be glad never to see you again. You say in your letter 'that bonnet and shawl.' You know that you sent me to ask the price, John; I think as you have been made a father down here, and you can buy things for them, you may as well get her to make your shirts, for I shall not until I am treated as your wife by you and your pals; so I tell you. If you wish to get rid of me, you need not serve me in that way. Perhaps you will think about what I am saying and let me know as soon as you can, if by return of post."—28th June, "Well John, you say you can't think I mean what I say about the money. I can tell you that I do, as I have not got any, as I told you in the last, and therefore hope you will send some. I am to get some powders for the dear child, and I have not got the money, so if anything happens to him you must blame yourself, as you will not send me any money. John, you must remember that I have had to pay 4l. for rent, and then to live out of it and buy things for the child and myself, which you know, but not 5l. like you. I hope you will send me some, as I must have some. The dear boy is very ill; he has no teeth yet; I wish he had; I shall be glad. I should not send only to tell you that I have not got any, and you may believe me this time. I think you one of the most unkind men in the world, for you have got everything you wish for and don't think of poor us. Send by return."—30th June, "Well Cock, so you don't mean to send any money. Well then, I shall come down and see your wh—; you d—d devil. So you can buy things for her, can you? You ought to be ashamed of yourself, you beast; but your master is as bad as you. I shall come down, so I tell you, and shall let the people know what a man your master is, and his servants too, that your wife is not allowed to come to you. You two-faced beast; you are a d—d wretch. If you wish me to send and let you know how the child is going on you had better send a stamp." JOHN COLLINS (re-examined by MR. COOPER.) I observed the prisoner's
dress when I took her into custody, and also the child's—there was no blood on them.
COURT. Q. You examined the dress, I suppose, for the purpose of discovering whether there were any spots of blood upon it? I did—her hands anddress particularly, and there was not any—I also examined the deceased's hands, and there was no blood on them—in fact there was not above an ounce of blood came from him altogether.
MARY CAPLIN (re-examined by the COURT). I was examined before the Magistrate—this is my signature to my deposition—I see I stated here, "She was stooping down and stroking her husband's face, at the same time saying, 'John! John!'"—I did state that, but I did not recollect it just now—I should say that she said that like a grieving wife to call her husband to himself. NOT GUILTY .
1763. WILLIAM SMITH , burglariously breaking and entering the dwelling-house of Mary Griffiths, and stealing 1 coat, 1 waistcoat, and other articles, value 15s.; the goods of Edward Warner Tyce: having been before convicted. MR. RYLAND conducted the Prosecution.
EDWARD WARNER TYCE . I am a tailor, and lodge at 107, Park-street, Camden-town—it is Mary Griffiths' house. On Thursday, 23d Aug., about three o'clock in the morning, a policeman called me up—I went down stairs and found the window open—I had fastened it the night before—the catch must have been moved by a knife—I missed a coat, waistcoat, handkerchief, and other things, and 15s., which had been on the parlour table overnight—it was in such a part as the person must have got into the room to take it—I went to the station and saw the prisoner—he had this waistcoat on, belonging to me (produced)—this pocket-book is mine.
JOHN CROOME (policeman, S 182). I was on duty in Park-street—it is in the parish of St. Pancras—I saw the prisoner and another, about four o'clock in the morning, standing outside No. 107—the prisoner reached over the railing, swung something from the window, caught it in his arms, and went down the archway a few yards from the house—I found the window open—the prisoner afterwards came out of the archway—I took hold of him and asked what he had been doing at the window—he said, "Nothing"—I said I would take him to the station and see—Mr. Tyce came and claimed this waistcoat, which was on the prisoner—he was down the archway long enough to put it on.
THEODORE EDWARD HAMMOND . I live at 86, Park-street, Camden-town. On 23d Aug., about a quarter past six o'clock in the morning, I found this pocket-book in my area—it had some of Mr. Tyce's cards, with the direction—I sent it to him.
GUILTY . Aged 19.— Confined Fifteen Months.
NEW COURT.—Thursday, September 20th, 1849.
PRESENT—Sir C MARSHALL, Knt., Ald.; Mr. Ald. HUMPHERY; MR. RECORDER; Mr. Ald. CHALLIS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder, and the Sixth Jury.
GUILTY . Aged 20.— Confined One Month.
1766. JOHN SIMS , and WILLIAM JOHN WILLIAMS , stealing 1 bottle, and 73lbs. weight of quicksilver, value 11l. 2s.; the goods of the London Dock Company, in a dock, &c.: Williams having been before convicted.
MR. BALLANTINE conducted the Prosecution.
HENRY DONALDSON . I am a labourer, in the London Docks. On 21st Aug., about three o'clock, I was in a wagon, at the loop-hole of No. 3 ware-house—there was a van there belonging to Mary Vesta—Sims was at the tail of it, and Williams at the horse's head—soon after I saw Sims coming out of loop-hole No. 3, first-floor, with a bottle of quicksilver—I knew it by the shape of the bottle—he stepped into Jones's wagon with it—William was standing between the two wagons—Sims said to me, "Old man, don't say anything about this, and we will have some beer"—I thought he was chaffing me—he asked several times where I lived—he called" Bill"—Williams nodded, and went over to Mary Vesta's van, brought the nose-bag, emptied part of the provender out, and put the bottle of quicksilver into it—Sims gave it him—I gave information, and afterwards took Sims going to the London Dock gates—the quicksilver was found in the nose-bag.
WILLIAM READING . I am foreman of No. 3 warehouse, London Docks. I followed Mary Vesta's van—a bottle of quicksilver was found in it—I went to the warehouse and missed one—no pass had been given for it.
JOHN SAYER . I am constable of the London Dock. On 11th Aug. I took Williams at Bethnal-green—I told him the charge—he said he knew nothing about it; that he was not in the Docks that day, but selling fruit.
Sims' Defence. I was intoxicated, and know nothing of the circumstance; Mr. Sheriff Finnis will give me a good character; he has trusted me with thousands of pounds.
SIMS— GUILTY . Aged 28.— Confined One Year. WILLIAMS— GUILTY . Aged 21.— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution. ELIZABETH ANN GALER. I am the daughter of John Davis, of the
Ship and Lion, Limehouse. On 13th Sept., about half-past fix in the evening, the prisoner came and asked for a pint of porter and an empty pipe—he gave me a 5s. piece—I put it in the till—there were three shillings and two sixpences there, but no crown—I gave him the change—I had tried it with my teeth, and thought it was good; my father went to the till, took it out, gave it to me, and I found it was bad—I gave it to my mother, she gave it to me again, and I gave it to the policeman—this is it (produced)—next afternoon, about half-past three, the prisoner came again for a pint of porter and a pipe; they came to twopence—he gave me half-a-crown—I asked him to go into the tap-room and take a light, and I went into the street and asked two men to prevent any one coming out—the prisoner tried to escape, and got into the street—I had said nothing to him, and had not given him the change—I gave the half-crown to Brooks.
Prisoner. I did not go there on Thursday; I never tendered a bad 5s. piece, Witness. I have not the slightest doubt he is the man.
Prisoner's Defence. I got the half-crown of a sailor; the crown I know nothing of.
GUILTY of uttering the half-crown. Aged 27.— Confined Six Months.
MR. PAYNE conducted the Prosecution. BALFOUR LAMB. On Saturday night, 8th Sept., I was at the Green Man, Whetstone, from ten to half-past, with George King and Francis Sivill—the prisoner, who was a stranger to me, came in with a fiddle—the fiddler asked him for it—he gave it him, and then he asked for the fiddle-bag—the prisoner said he gave it him outside—he denied it, and the prisoner said some one in the room must have got it, as he had lost it in the room—I said I was certain none of us had got such a paltry thing, for it was of no use to us—he said he was certain it was lost in the room, and some of the company must bave got it—he was making-a deal of noise—I asked the landlord to draw us a pint of beer—he said he should not draw any more while that noisy man was in the house—I said it was of no use to stop there, and went out of doors with my friends—when I had got about ten yards from the doors, I felt a blow on my right side—I turned round, and the prisoner was running away, but was close to me—when he had gone another yard or two, I put my hand to my side, and felt blood; my hand was covered with blood—we went to the Blue Anchor, and the landlord washed my side with brandy, and bound it up—I went with a policeman to a house where the prisoner's partner said he dwelt, and found the prisoner there, lying by the side of the gate—I gave him in charge—nothing had passed between us but what I have stated—I did not strike him at all. Prisoner. 1 did not strike you; you followed me out, knocked me down,
and kicked me. Witness. You were not knocked down or kicked in my presence.
GEORGE KING . I was at the Green Man—the prisoner came in and said, "I am in for a b—y spree to-night"—the fiddler then came in, and askedthe prisoner for the fiddle-bag—he said he had given it to him outside—he said he had not—the prisoner said, "Then I have lost it in the room; some one in the room must have got it"—we said we had not, and he began to kick up a row, and called us rogues—the landlord said he would not draw any more beer while that noisy man was in the house—so we went outside to go home—I was behind them all—I think Lamb was first—the prisoner was just before me—I saw him strike Lamb on the right side—the blood came—I went with him to the Blue Anchor, and then went with a policeman and found the prisoner lying at the garden-gate of the house where he lodged—Lamb had not struck him.
Prisoner. The prosecutor hit me, and the fiddler followed me out and knocked me down. Witness. It is not true—the bag was found in the road about an hour afterwards, between the Blue Anchor and the Green Man—the prisoner had come that way to us—the bag was not brought into the house.
SAMUEL GILLMAN (policeman, S 76). I found the prisoner sitting by the side of his gate—I found a knife in his right-hand jacket-pocket, closed, but slightly marked with blood—his hand had a great deal of blood on it—I told him the charge—he said he knew nothing about it—here is a quantity of blood on Lamb's shirt (produced), and his coat and shirt are cut through.
CHARLES JOSEPH BULLOCK . I am a surgeon. I found Lamb in bed, with a simple incised wound on his right side, such as might have been made with this knife—it was half an inch deep, and an inch or a little less in length—the rib prevented it going deeper, or it might have injured the lungs and proved fatal—it injured the rib.
Prisoner's Defence. As soon as I went out they knocked me down; the knife lay on the ground; I picked it up and put it into my pocket. GUILTY . Aged 24.— Transported for Ten Years.
MARY BRADLEY . I am a widow, and live in Rosemary-lane. On 13th Sept. I was at a waket in a house in Back Church-street—I returned between two and three o'clock in the morning, and when I got within a few yards of my own door, where I was speaking to two or three girls, the prisoner came up—she took hold of me by the breast, and said, "I have got you now;"and she struck me three times with her fist, on my mouth—I had never seen her before, to my knowledge—there was a woman with her, who gave her apenknife, and said, "Here is a knife, stick the Irish b—r"—the prisoner took the knife, and struck me with it over the left eye—my eye was wounded—I do not think it has affected the sight—the other woman escaped—the prisoner was stopped.
Prisoner. Q. The woman who was in my company had some words with you in the early part of the night? A. Never—I had never seen her, to my knowledge before.
Prisoner. It was at the public-house, and you turned and struck her; she struck you one blow; I had a key in my hand; you were very much in liquor.
up with another person—the prisoner interfered between me and Mrs. Bradley—I told her several times to go and mind her own business—she took Mrs. Bradley by the gown, and struck her three blows in the face with her fist—her companion had a five-bladed knife, which she handed to the prisoner, making use of a very bad expression, and the prisoner struck Mrs. Bradley three times—I knew the prisoner's companion personally, but no more—I should know her if I saw her—the prisoner said she was waiting for that a long while—I do not think she ever saw the prosecutrix before—the prosecutrix never saw her before—I stopped the prisoner when she was going away—I think she is an unfortunate girl.
Prisoner. The person who did it ran down Anchor-yard; you could not catch her, and you came to me as I was standing in the street; how can you say it was a five-bladed knife? there was no knife, it was a room-door key.
WILLIAM SMALLWOOD (policeman, H 58). The prisoner waa given into my custody for stabbing the prosecutrix in the eye—the prisoner did not say a word—the prosecutrix's eye was bleeding very much—on the way to the station a man ran up, and he made some assertion that the prisoner was not the woman, which she repeated.
Prisoner. You found me outside Mr. Mack's door, and the people round told you it was not me. Witness. On the contrary, the people all said she was the woman.
CHARLES HARPER . I am house-surgeon at the London Hospital. The prosecutrix was brought there between two and three o'clock on Friday morning, 13th Sept.—she had a punctured wound over the left eye, and one or two lesser wounds below—the wound over the eye was not calculated to do mischief from the way in which it went—it was about a quarter of an inch deep—I should think it was not given with much force, or it would have gone in deeper—it passed between the coats of the eye and the bone above—if it had been a little lower it would have gone into the eye—the other two wounds were immediately beneath the eye—they were very small—I should say they were not such wounds as a key would make; it must have been some sharp instrument—I should think they must have been aimed at the eye—if it had been a blow with a key, it would have been a contused wound—it was a punctured wound—I have not the least doubt it was done by some sharp instrument, not a key.
GUILTY of an Assault. Aged 22.— Confined Eighteen Months.
HARRIET CAROLINE DOBBY . I live with my father, John William Dobby, a cutler, of 95, Strand. On 6th June the prisoner came and told me to send some ivory knives next morning, between eleven and twelve o'clock, for inspection, to 39, Brompton-crescent—I took them there, and saw a man dressed as a butler, in a striped jacket—I asked for Mrs. Hemsley—he said she was engaged in her dressing-room—I said I would wait, and walked into the parlour—in a few minutes the prisoner came down, looked at the goods, and said they were not good enough; but if I would leave them she would show them to Mr. Hemsley, and let me know in the course of the day—she said she had a dressing-case, or a work-box, which she wanted fitted up with scissors, penknives, and piercers, and I was to bring patterns—she asked me to make out a bill, in case the knives suited, which I did, and was to send a proper bill with the other goods on Monday—I sent them by the boy—he is not here—he
told me something—I went to the house on the following Monday, and found it shut up, and a hill up to let it—my father had given me directions to bring back the money or goods, but she deceived me by telling me she had to show them.
Cross-examined by MR. O'BRIEN. Q. Did she give the order in your father's presence? A. No, but I consulted him—I was to send to her on the Monday, to know whether she approved of them; not to consider that she did, if she did not let me know—she did not say anything about paying—I serve in the shop, but have no authority to dispose of goods on credit—the circular I left with the goods, stated that our business was for ready money—I told my father directly I returned, and after that the bill was sent on the Monday—no offer was made at the police-office to deliver up the goods—the money was offered to my father after she was in custody.
GUILTY . Aged 39.— Confined Two Years. (There were four other indictments against the prisoner).
WILLIAM RYDER . I am assistant to Abraham Barber, jeweller, of 56, Cheapside. On 20th Aug. the prisoner came and said he wanted some plated dish-covers for Mr. Hooper's son—he was dressed as he is now—I suspected him, and said, "I will go with you," and asked where Mr. Hooper resided—he said, "Upper Thames-street"—I said, "Is it the son of Mr. Alderman Hooper, of Queenhithe?"—he said, "Yes, "and that he was going to be married—I said, "Will you carry them?"—he said, "No, "and I called a porter—we went down Bread-street, and the prisoner seemed very fidgetty, and said he wanted to buy some twine—I said, "What for?"—he said Mr. Hooper commissioned him to buy twine—I said, "There is a shop, you can buy some"—he went in, came out directly, and said, "Can't you go with the covers yourself; do you think I am misleading you?"—I said, "No, but I am determined you shall go with me"—he said, "I want to buy my string first"—I asked him how long he had been in Mr. Hooper's employ—he said, "About two years"—I asked who Mr. Hooper was going to marry—he said, "A lady named Lee"—I gave him in charge—he was dressed as a trades-man's boy—Mr. Alderman Hooper does not live in Thames-street.
Cross-examined by MR. PAYNE. Q. Did not he say you were to send them to Mr. Hooper's? A. Not before I said I would go with him—he never asked to have them given to him—I am not certain whether we went down Bread-street or Friday-street; it was in the direction of Upper Thames-street—we missed a gold chain from our other shop shortly after the prisoner had been there, therefore suspected him.
Cross-examined. Q. You would hardly have sent a person in such a dress for dishcovers? A. I should not have expected them if I had—I was about to be married at that time.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Nine Months.
Sept. I was passing up Shoe-lane, about nine o'clock in the evening—the prisoner came up to me—she put her right arm round my waist, and her left hand into my pocket—I had been to a public-house, but not with her; I do not know whether she was there or not; I did not notice her till she came up to me—I have never said before that I went into a public-house to drink with her—I believe I treated a girl, but not this girl to my knowledge—I had been with a friend that day, and was a little tipsy, but not so as that I could not know a person again—the prisoner took from my pocket my purse, containing some silver—I struck her hand, and the purse fell—I stooped down, and picked it up—the policeman came up; the prisoner went off directly—I did not see her afterwards.
Cross-examined by MR. PAYNE. Q. TO whom are you clerk? A. To two or three persons; Mr. Sutton principally, he is clerk of the peace at Salisbury—I did not go with the prisoner to a public-house, and have some drink—she got me under a lamp, with her arm round my waist, and her left hand in my right-hand trowsers pocket, and she broke a button off in doing it—the policeman did not come up and speak to her just before the purse came out—I picked up the purse, and then I saw the policeman—I was rather cloudy that night—I think I had treated two women that night; they asked me and I treated them—I think it was brandy-and-water that I drank—I was rather the worse for what I had taken—I picked up my purse directly, and put it into my pocket—I had time enough to see the prisoner so as to know her again—she stood facing me when she did this; her back was towards the wall—I was near the wall, under a lamp, but I believe she was nearest the wall; I am certain of it.
Q. Did you not say, "I came out, and she got me against the wall?" A. Yes; we were near a wall—I took the purse to the station; I did not give it to the policeman; I gave it to the inspector—the policeman came up while I was picking the purse up—he said something, but I do not know what, as I was so intent on picking the purse up—I will swear that the policeman did not speak to me before the prisoner put her hand into my pocket, nor did he speak to her that I know of—he did not take the prisoner when he came up—I suppose it was his opinion that he had better take me; he knew her.
WILLIAM SMITH (City-policeman, 241). On the evening of 13th Sept., I saw the prisoner and the prosecutor in Shoe-lane, and knowing her to be a noted character I watched her—I saw them under a lamp; she had him against the wall; her right arm was round his breast, and her left hand was in his right-hand trowsers pocket—I stood directly behind them for an instant—I then spoke to her—she drew her hand out; the prosecutor struck her hand, and a red purse fell to the ground—I was going to pick it up, and he prevented me; he took it up himself—I did not take the prisoner—I spoke to the prosecutor, and took him to the station; I was anxious to protect him from being plundered by somebody else.
Cross-examined. Q. Has the prisoner ever been charged with any felony? A. She has been summarily convicted—I do not know that she has been tried by a jury—she has been brought to the station, for taking money from people, and she was summarily convicted, and had a month.
GUILTY . † Aged 32.— Transported for Seven Years.
I am a tailor, and live in West-street, St. James's. On 3d Aug., the prisoner was employed to paint the house I live in—I
missed from my bed-room a coat, a pair of trowsers, a book, and other articles—they had been safe the night before—I have since seen the book, and a stock, and a pair of gloves—they had been where the other articles were—the gloves and hymn-book were in the pocket of the coat that I lost.
MARY ADAMS . I am single, and live at 11, West-street. I know the door of Mr. Regan's room—the prisoner was employed on the staircase near that door—he left work about a quarter before two o'clock on 3d Aug., and he did not come again—he had not finished his work—he took away a basket with him when he left, which appeared to be full—I asked him why he was going away; he said he should be back in a few minutes.
ANN BATEMAN . I am the wife of Charles Bateman; we live in Hopkins-street. The prisoner formerly lodged with us—I know this basket to be his—in pulling it from the counter one morning, there was a nail caught it, and tore a bit out of it.
CHARLES QUICK (policeman, E 144). I took the prisoner into custody—I went on the 21st to Peter-street—I found this basket there, and found in it this stock, the pair of gloves, and the book—I had ascertained from the witness that the prisoner lodged in Peter-street.
Prisoner. My master was not able to pay me on Saturday night; I used to get a half-crown of him; I heard of a better job and I went to it, and that was the reason I left that job; I have got a paper of the work I went to that day.
GUILTY . Aged 54.— Transported for Ten Years.
THIRD COURT.—Thursday, September 20th, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HUMPHERY; Mr. Ald. CHALLIS; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the First Jury.
1774. JAMES SMEDLEY , stealing 49 handkerchiefs, value 6l.18s. 6d.; also 20 handkerchiefs, 5 scarfs, and 12 neckties, 5l. 16s. 9d.: the goods of Octavius Augustus Wallis, his master: to both of which he pleaded
GUILTY . Aged 19.— Confined Twelve Months.
1775. RICHARD GLENISTER , embezzling the sums of 4s. 11l. 2d., 6s. 41l. 2d., and 18s. 4d.; also 2s. 11l. 2d., 6s. 21l. 2d., and 4s. 11l. 2d.; the moneys of David Hood, his master: to both of which he pleaded
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Twelve Months.
GUILTY .* Aged 18.— Confined Six Months.
1778. SAMUEL NEVILLE , embezzling the sums 9s. 101l. 2d., 9s. 101l. 2d., and 105.; also 1s., 1s., and 1s.; the moneys of George Smith, his master: to both of which he pleaded GUILTY . Aged 35.— Confined Eight Months.
GUILTY . Aged 34.—Recommended to mercy.— Confined Four Months.
JOHN HARWOOD . I am a stationer, of Fenchurch-street. On 5th September I was too late for the quarter-past ten o'clock train at London Bridge, and walked back to Gracechurch-street to get the half-past ten Peckham omnibus—I saw the prisoner and he showed me one—he took hold of my arm in a hurry, in case I should lose it—I had my watch and chain safe at the station, and did not miss them till I had been in the omnibus a minute and the police-man came to me—these are them—(produced).
Cross-examined by MR. PAYNE. Q. Had you been mystifying yourself? I do not know that I had—I had walked over London Bridge in thirteen minutes—I had taken more than I ought—I was in Gracechurch-street two minutes, or a little more—I am not conscious that I fell down—I am certain that I did not try to get into several Omnibusses, and they did not like me on account of the condition I was in—I had never seen the prisoner before—I did not see my watch from the time I was at the station.
JOHN WILBRAHAM . I am a porter. On the evening of 5th September I was at Half-moon-passage, Gracechurch-street, and saw the prisoner with two of his fingers in Mr. Harwood's waistcoat pocket—when he saw me he took them out—I was on the other side of the way—he walked with the prosecutor arm-in-arm, and said, "There is your omnibus"—I came across and met him and saw his fingers in Mr. Harwood's pocket again—he then bid him" good night" and ran away into Ship-court—I showed him to a policeman.
Cross-examined. Q. Where do you live? A. In Whitechapel—I pay 3d. a night for my lodging—I have had three months myself, for taking a gentleman's handkerchief—it is nearly twelve months ago—I job about—I have no regular means of getting my living.
CHARLES CHAMBERS (City policeman, 523). I was on duty and saw Wilbraham and the prisoner running very fast—I ran after the prisoner, took him, and on the way to the station I found this watch in his hand—previous to taking him I had heard something drop on the ground—I came back, and a by-stander had found this chain.
Cross-examined. Q. You took the watch from his hand? A. Yes—he tried to throw it away—Wilbraham pointed him out to me—he did not turn round and see that he was pursued—I stopped him not above 250 yards from where Mr. Harwood lost the watch—the prosecutor had been drinking, but knew what he was about, he walked to the station very well.
JOHN DAVIS (City policeman; 551.) I produce a certificate of the prisoner's conviction—(read Convicted Feb. 1846 of stealing a handkerchief from the person, and confined six months)—I was present—the prisoner is the person—I have seen him often since.
(A witness gave the prisoner a good character, and stated that he had been getting an honest living since the last conviction.)
GUILTY . Aged 35.— Confined Twelve Months.
JACKSON ALLEN . I live at Chelsea. On Saturday, 1st September, about half-past ten in the morning, I saw the prisoner in Knightsbridge, and went with her to a public-house—I had a watch in my pocket, which I left at the public-house, and went and got it again and put it in my fob-pocket—the prisoner was then with me—we had some gin, and I was not very sober—I then went with her to a house in Queen's-buildings—I did not get home for an hour and a half after that, and then 1 missed my watch, and a little silver from my waistcoat pocket, and this handkerchief—this is my watch (produced.) GEORGE LAWES. I am assistant to Mr. Attenborough, pawnbroker, of Pimlico. On Saturday afternoon, 1st September, the prisoner, who Iknow by sight, came and asked 1l. on this silver watch—I asked if it belonged to her—she said it belonged to her husband who was in trouble—she gave her name "Ann Leary."
JAMES WEBSTER JONES (policeman, B 59). On Tuesday, 4th September, I met the prosecutor, and in consequence of what he told me I went to Exeter-buildings and took the prisoner—I asked her where the duplicate was—she said she had pledged it for 1s. with a woman named Fitzgerald, in the court—I went there, and she gave it up to me—I went with the prosecutor to Attenborough's and got the watch.
Prisoner's Defence. I keep a stall; he came to me in the street, gave me two quarterns of gin, and asked me to go to a house; he gave me the watch to raise money on, because he had got none; I afterwards told him I had lost it, and he wanted me to make an affidavit of it.
JACKSON ALLEN re-examined. I did not give her the watch to raise money on—I did not ask her to make an affidavit—she does keep a stall—I was sober enough to know what I was doing—I knew nothing about her before. NOT GUILTY .
WILLIAM KING . I am shopman to Mr. Laurence Hyam—he has one partner, and lives at 86, Oxford-street—the prisoner was in his employ about five weeks, as housemaid—she was the only housemaid—there is a housekeeper besides—this coat (produced) is Mr. Hyam's property, and has our ticket on it.
JAMES ALDOUS . I am a pawnbroker, of Berwick-street. On 5th September, about half-past six, the prisoner came and offered this coat in pledge-seeing the mark on it, I asked how that came—she said Mr. Hyam's house maid told her to pledge it; if I did not like it I might go and see—I went there and could not get in—I went again next morning, and recognized the prisoner as the housemaid—I am quite sure she said the housemaid, not the housekeeper.
WILLIAM GODFREY (policemant C 147). I took the prisoner at her master's, and asked her if she knew anything of the coat—she said" No"—on the way to the station she said she took it from the room up-stairs.
Prisoner's Defence. The servant boy about the house ordered me to pledge it.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 29.— Confined Four Months.
OLD COURT.—Friday, September 21st, 1849.
PRESENT—Mr. Baron PLATT; Mr. Justice WILLIAMS: Sir C. MARSHALL, Knt. Ald.; Mr. Ald. HUMPHERY; Sir GEORGE CARROLL, Knt., Ald.; and
Fourth Jury, before Mr. Justice Williams.
GEORGE ANDERSON . I am in the service of Mr. Jay, the contractor for the works of the Great Northern Railway. The prisoner was foreman to Mr. Gregson, the contractor for the East India Dock Line, which is to pass over the Great Northern—at the part where it passes over, there is a temporary bridge of wood, and men were employed to carry earth across it to a place called the Tip, where it is thrown down—it was the prisoner's duty to look after the men—the drivers of the carts would be bound to attend to his orders, to go on or stop—on the morning this occurred, about twenty minutes to eight o'clock, a temporary shore under the bridge had been struck by the Great Northern people underneath—carts had not gone over the bridge after six, only a trace-horse—I was not there till six—about a quartet to eight I was informed by the people below that the bridge was unsafe—soon afterwards I saw two trucks laden with earth drawn by two horses approaching the bridge—I hallooed out, "Stop!"—the prisoner was about thirty or forty yard from me—I should say he could hear me—I was on the same side of the driver that he was—he said, "Go on, you b—r, never mind," three or four times—Dallen was with me—I do not think he called out, except to a labourer who was on the bridge, to stop the wagons from coming over, but he would not stop for him—he hallooed," Get out of the way, or else you will be run over"—that was after he called out to stop, and the prisoner said, "Go on"—the driver drove on, and when the trucks came on the bridge, it all came down on the under line—a beam of the bridge came down and a shore—a man named Richard Gumm was underneath—we knew him by the name of John Jones—the beam and the horses fell on him, and he was killed.
Cross-examined by MR. CLARKSON. Q. How long had you been moving the supports of this temporary bridge? A. I think they had been working all night at it—Mr. Gregson was not sent to, to my knowledge, to say that the bridge was unsafe—we had undermined the bridge—I was on a high embankment, and could see the prisoner—I was perhaps ten or twelve yards from him—I did not notice that the prisoner was thirty yards away from the truck—he might have been—the truck was thirty yards from me—I always understood that the driver of the truck was under Mr. Gregson's direction—Mr. Bugbird was the managing man—the bridge had been undermined a fortnight, and they were putting up trussels—I do not know that an offer had been made some time before by the East and West India Dock Company that they would stop the works for twelve hours at any time we wanted to put the bridge in order—the prisoner ran to the spot as soon as he could, and expressed all possible sorrow, and said he did not hear any one call.
COURT. Q. When you called out to the driver what did you say? A. I said, "Step, if you go over the bridge you will fall, both horse and man"—I said that two or three times, in a loud voice, but there was an engine on the top that made a great noise—I was obliged to call as loud as I could—I thought I called loud enough to overcome the noise of the engine—the trucks were coming very slowly, and were drawn by horses, but there was an incline, and they were obliged to go rather fast.
HENRY BUGBIRD . I manage the works for Mr. Jay. This bridge belonged to the East India Dock Line—on 29th Aug. we were raising some uprights to support the bridge, from five o'clock in the morning—the carrying earth over the bridge, was carried on all night—I am not aware whether it was stopped at all—carts laden with earth passed over from six until about a quarter to eight—to put the new supports to the bridge we had to remove one shore—we had got the upright part of the way up the night before—we were obliged to remove the old one before putting the new one up—when we were about to remove the old one, notice was given to the people above that the bridge would be unsafe—I saw Leary on the bridge, and saw the two trucks approach—I heard some one on the bridge call out," Stop, stop! the bridge is unsafe!"—the prisoner was just behind the two trucks when the call was made—the driver attempted to stop, and the prisoner said, "Drive on, drive on, "and made use of a bad expression—before he said that, I saw Leary holding up his hands, and doing all in his power to stop the horses coming forward; in fact he had to scamper out of the way—a man was there who we employ, dressed as a policeman, to keep people back—he was above me, calling out to stop—he was sent by the foreman of the carpenters for the purpose—the prisoner has to see that the people get on with their work—I have heard Mr. Gregson give him orders to do so—I have seen the prisoner direct the men who were driving the trucks, and have seen them attend to his orders.
Cross-examined. Q. Why did not you send notice to the East and West India Dock Company that you were going to undermine the bridge that night, and knock down the shores in the morning? A. We had no occasion, we had frequently done so before—we were not undermining the bridge that night—we did not wish to stop the works of Mr. Gregson—we should have been done in ten minutes—I did not say we could carry on our works while they were going on with the trucks, and they might go on all the same—it was not proposed to me several times, the week before the accident, that they would stop the works altogether while we did what was necessary to the bridge—Mr. Gregson sent one night, and said he would stop if I had anything particular to do to the bridge, but he kept on work—I did not state, in answer, that it was not necessary for them to stop for us as we could repair the bridge while it was going on—I said, "Very well, sir"—I do not think we did anything that night, I do not recollect—the East and West India Dock Company have taken some proceedings against us in the Court of Chancery—there was an arrangement afterwards that we should repair the bridge, which we set about.
MR. BODKIN. Q. How long would it take to substitute the newshore for the old one? A. Ten minutes; if the trucks had been stopped a quarter of an hour at the outside, nothing would have happened—when we rendered the bridge unsafe we sent two men forward to stop the trucks for a few minutes—I never sent a message to Mr. Gregson—they perfectly knew what we were about, and came and looked at it several times—we did not know where to find Mr. Gregson—during the ten minutes the bridge was unsafe, we sent a man on the bridge to give instructions, to prevent an accident, and I
heard him give those instructions—it is a mistake to say that the engine was PATRICK LEARY. On the morning in question I was stationed on the bridge to stop any horses and wagons—I saw two trucks approaching the bridge, and went towards them, and said, "Stop! stop! the bridge is not safe!"—the driver made an offer to stop for a minute or two, and the prisoner said, "You b—r, go on"—he was near enough to hear me call out to the man to atop, I called very loudly—I did not hear the engine going—I cannot tell whether it was going or not.
JOHN THURSBY . I am foreman of the carpenters employed in strengthen ing the bridge. At a little before eight in the morning, we had got the new shore very nearly up—we had to take away the old one—if the accident had not occurred, we should have got the new one up in ten minutes or a quarter of an hour—Anderson was there to prevent trucks going over while the change was taking place, and I told Leary to run to stop anything—I saw him on the bridge, and saw the trucks coming—I heard him call out to the driver," There is danger on the bridge! "and I heard Anderson call out to the same effect—I saw the prisoner behind the trucks—I heard him say," Go on"—the driver went on, and the accident happened.
PHILIP SAMUEL DALLEN . I am time-keeper, I was talking to Anderson just before this occurred—I did not see the truck till it was on the bridge—Anderson called out," Stop! stop! there is danger!"—I heard no one else call out—I saw Leary on the bridge, and hallooed out to him, "Leary, there is danger!"—I heard no one say anything else—the trucks went on, and the accident happened—I did not see the prisoner that morning till after the man was killed—when he was assisting in picking up the dead man, I heard him say he never heard one halloo.
WILLIAM HOWBOTHAM . I am clerk to the contractors for this line. It was the prisoner's duty to see the trucks pass in due course—it was not the duty of the driver of the trucks to attend to his directions—the prisoner's duty was, if they did not go in regular course, to report them to me or my governor.
Cross-examined. Q. Did you know the prisoner? A. He has been it our employ five or six years, and has been a temperate, cautious, well—conducted man; I have never seen him otherwise—his temper was good—the engine on the bridge makes a terrible noise—it is at work before eight in the morning—I was not there that day till after the accident—I have made offers to Mr. Bugbird, on the part of the Great Northern, that if they wanted at any time, we would stop the works for twelve hours, and they have declined it, and said we might go on with the works.
MR. BODKIN. Q. Did they say they only wanted ten minutes to change one shore for another? A. No; I got there at a little before nine—the enpine was at work then. NOT GUILTY .
Before Mr. Baron Platt.
1785. THOMAS SMITH and HARRIET SMITH , feloniously sending to Sir Walter Rockcliff Farquhar, Bart., and others, a letter demanding money from them, with menaces, and without anv reasonable or probable cause. MR. BALLANTINE conducted the Prosecution.
Before the Jury were charged, MR. BODKIN applied to the Court to quash the indictment, on the ground that the letter in question did not contain any threat or menace within the meaning of the Statute, 7 & 8 Geo. 4, c. 9s. 8. The COURT were, however, of opinion that the letter could not be so regarded
as to warrant that course. MR. BALLANTINE offered no evidence against
HARRIET SMITH, who was ACQUITTED .
MR. BODKIN, on behalf of the male prisoner, having obtained permission to withdraw his plea of not guilty, put in a demurrer to the indictment, and issue being thereupon joined, he proceeded to argue that in order to support a charge of this nature, the letter must contain such a clear undoubted threat, as to induce the prosecutors to part with their money from fear of personal injury; and that the demand must import on the face of it, some real or assumed power to enforce it. He contended that this letter contained no such demand; that it only amounted to a request, or a suggestion; and that as it contained no menace of a personal nature, it did not come within the statute.—See Rex v. Pickford, 4 Car. 7 Payne, 227, and Rex v. Carruthers, Vol. 20 of Session Papers, p. 821.
MR. BARON PLATT : The Court, as at present advised, considers this letter so completely within the meaning of the Act of Parliament, that it would be very slow indeed upon a technical objection to put an end to the prosecution, and therefore, for the purpose of having the matter argued in another place, the point shall be reserved. The Court will give judgment in favour of the prosecution, but I am afraid the party must now bring a Writ of Error for the purpose of raising it.
MR. JUSTICE WILLIAMS: Probably they would find it more convenient to withdraw the demurrer.
MR. BALLANTINE: Then there must be a plea of Guilty. I contend that the judgment upon a demurrer is final, and I shall ask from your Lordships & final judgment, leaving the prisoner to a Writ of Error.
MR. JUSTICE WILLIAMS: Surely it is competent to the Court to allow the party to withdraw the demurrer.
MR. BALLANTINE: I submit not; it is now part of the record, and must be disposed of. I contend that my friends by demurring admit the facts, and if they wish more conveniently to bring the matter before a Court of Error, the prisoner must plead Guilty, and then there must be a motion in arrest of judgment. I would not object to the demurrer being treated as a nullity; but if, having failed upon the demurrer, they now wish to try in the ordinary way, I object; and I contend that the Court has no power to allow the demurrer to be withdrawn. If a prisoner has pleaded Not Guilty, and is given in charge, is what way would your Lordships dispose of that, except by the finding of the Jury? I hardly know of a direct authority on the point, but would refer to the Queen v. Bowen, 1 Car. & Kir. 501.
MR. BODKIN: It is a matter in the discretion of the Court. Your Lord-ships have already exercised a discretion in allowing the prisoner to withdraw his plea.
MR. HUDDLESTON: The judgment would be "respondeat ouster." MR. BARON PLATT: I own I have not the slightest doubt of the power of the Court to allow the demurrer to be withdrawn at any time before judgment is actually given. The exercise of that power is at the discretion of the Court. The practice has always been to allow a prisoner indicted for felony, if he fails upon a demurrer, to plead over; the original ground of that rule, was in favorem vitae; but it is not to he said, because a felon is not liable to be executed, that he is to lose that privilege. We therefore think the demurrer ought to be allowed to be withdrawn.
The retractation of the plea of Not Guilty, and the demurrer, were ordered to be expunged, and the JURY were charged upon the original plea.
Walter Rockliff Farquhar is the head of the firm—there are more partners than one. On 3d Sept. I received this letter, marked "A," in consequence of which I communicated with the police—the letter was handed over to the police that same day—I did not hand it over to them myself—I gave it to Mr. Davidson, another partner—this is the same letter.
Cross-examined by MR. BODKIN. Q. Was it in a cover? A. It was—that was thrown away—I read the letter, and then passed it to Mr. Davidson—I did not put any mark on it—I thought it was such a palpable attempt at fraud that I was going to throw it away altogether—I have not seen it since until now—I beg your pardon, it was brought back by the police afterwards—I am perfectly satisfied this is the letter—I particularly remember these three letters, "B. O. N"—they are written in a peculiar way.
ROBERT HOOK, ESQ . I am a partner in the firm of Herries, Farquhar, and Co. On 3d Sept. I received this letter from Mr. Davidson—I am sure this is the very letter—I took it down to the Commissioners of Police in Scotland-yard—on the following day I sent an advertisement to the Times-office—I did not see it before it was put in—I afterwards saw that it was in—on 7th Sept. I received this letter (marked B.) about one o'clock in the day—I received it from a clerk, who had just received it by post, and brought it to me with others to open—I have not got the envelope—it was thrown into the basket, and has never been found since—we looked for it—it was directed to Messrs. Hemes, Farquhar, and Co., St. James's-street—it had a post-mark on it, and the post-mark of the Commercial-road on the back—on the morning of 8th Sept., about twelve o'clock, the two prisoners were brought to the banking-house—I said to him, "So you have been found with this bag upon you?"—I think this bag was produced by the officer at the time—he said, "I went down into the ditch to make water, and saw a bit of red tape hanging out, and I took it."
WILLIAM VIAN . I am a messenger to Messrs. Herries, Farquhar and Co. On Saturday morning, 8th Sept., about half-past eleven o'clock, I went to a ditch between Hyde-park and Kensington-gardens—I had previous to that seen the second letter, and partly read it—I had not observed the directions that were given on it—I saw two iron pipes in the ditch, and under one of them I deposited a bag containing some coins—it is an iron pipe, that runs across the dyke—the end of the bag was tied with red tape—it was not visible from the bank—you must go down into the dyke to see it—before putting it down I had seen the male prisoner in company with the female—they were about thirty or forty yards from the pipe—they appeared to be sauntering—immediately I had deposited the bag I left.
Cross-examined. Q. It is a part where a great many persons go to saunter, do they not? A. I believe so, it was in the public park—I saw the letter in the banking-house, in Mr. Hooke's possession, on Friday, 7th.
JURY. Q. Were there many persons walking about that morning? A. Very few.
HENRY SMITH (police-sergeant, A 28). On Saturday, 8th Sept., I received instructions—some letters were shown to me on the 7th—I saw a description of a place given in the second letter, and on the 8th I went to that place, about half-past nine in the morning—I was in plain clothes—about ten I saw the prisoner in company with the female, coming from the bridge that crosses the Serpentine towards the dyke—he left the female, crossed the road, and went down into the dyke, and went down to a large iron-pipe—he went direct there, and stooped as if he was feeling under it—the pipe runs across the dyke, and he had got one hand on the pipe, and he appeared to me to be stooping down, but I was on the other side of the pipe, and he being so large
I could not see whether his hand was under it or on it—he rested one hand on the pipe while he stooped and put the other hand downwards—he did not make water or do anything on that occasion—he then came out of the ditch and joined the female—they waited about the Park a short time, and then went through the lodge-gate into Kensington-gardens—about an hour and a half after that I saw Vian come—the prisoner was waiting about the whole of that time—he went into Kensington-gardens and sat on a seat—I did not go into the gardens, but I never lost sight of him—the seat he sat on commanded a view of the pipe and of anybody going down to it—he did not sit there the whole time, he got up and left the female and went behind the trees, but I kept my eye upon him—I saw Vian go down to the pipe, and saw him leave—about two minutes after he was gone, the prisoner went from where he was standing direct towards the pipe—he was about thirty yards off at the time Vian was putting the letter under the pipe, leaning on a railing—he could see Vian, he was straight before him—the prisoner was down in the dyke a very short time, about two or three seconds—he then came out and joined the female, who had been waiting for him, and they then went away towards the Duke's statue, in the direction Vian had gone—I followed them—he turned and saw me coming, they mended their pace, and I saw him give the female a bag—I went up to him and told him who I was, and that I was going to apprehend him for trying to extort money from Messrs. Herries and Farquhar, and to give me the bag that he had taken from under the pipe—he said he had not got it—I said, "No, the female has it"—he said, "What bag do you mean?"—she was going away from me while I was speaking to him, I went after her and brought her back—she said to the prisoner, "Shall I give him the bag?"—I said, "If you don't give it me, I will take it by force"—he said, "Yes, give it him"—as he was being taken to the station, he said he had been down there to make water, and saw a piece of red tape under the pipe, he did not know it was a bag, and did not know its contents—Sergeant Shaw told him he must go back, and he went back—I did not go down—this is the bag (produced)—it contains one shilling's worth of coppers and a half-crown.
Cross-examined. Q. About how far was Vian ahead of them when you came up with the prisoners? A. I should think 200 yards, he was in sight—I was by a tree, just by Rotten-row, when I saw Vian go down into the dyke—it is just past that part where persons riding draw up their horses—that part is about 300 or 400 yards from the bridge—I was about thirty yards down Rotten-row, towards the Duke of Wellington's house, within forty or fifty yards of the pipe—the pipe is close to the lodge where the band plays as you go in from Rotten-row—the bridge is not there, but at the end of the road—I was at the corner of Rotten-row when I saw Vian go down into the dyke—the width of two horse-roads were between me and him—all I saw was, that he descended below the level of the bank—when I saw the prisoner go down the first time, I was standing at the corner where the prisoner was standing when Vian went down—I was leaning on the rail he was leaningon—the pipe was between me and the prisoner—the pipe is about two feet high in the centre—if I stood at the bottom of the dyke, it would be three feet high, or three and a half—it runs through a wall which separates Kensington-gardens from Hyde-park—on the other side of the wall there is a very high bank, I should think ten feet high—I was on the wall-side—I was about thirty yards from the pipe when I saw the prisoner go there the first time—when I overtook him, 1 told him I was a police-officer—it was not in answer to a question from him, "What bag do you mean?" that 1 said, "The bag you took from under the pipe"—he said, "I have not got it"—I said, "No,
she has it"—she was then going away—he said, "What bag do you mean?"—I said, "The bag you took from under the water-pipe"—that was the order in which it passed—I then stopped her and said, "I want that bag you have in your pocket"—she said to the prisoner," Am I to give it to him?"—I said, "If you don't I will take H by force"—he immediately said" Yes, "and she gave it me.
MR. BALLANTINE. Q. You have described his going and feeling under the pipe, where were you standing at that time? A. About thirty yards off, parallel with the dyke—I was in a position that enabled me to see distinctly. FREDERICK SHAW (police-sergeant, A 29.) I joined Smith, near Kensington-gardens—I saw him speak to the prisoner and the female—I afterwards went back to the dyke with the prisoner, as he told me he had been down there to make water—I found not the slightest trace of it.
COURT. Q. Did you tell him you took him back for that purpose? A. I did, and said, "Where have you made water?"—he made no reply—he heard what I said—we were side by side—I afterwards went into the dyke myself, and found no appearance of it—I felt the grass there.
THOMAS COPE . I am the publisher of the Times newspaper. This paper of Wednesday, 5th Sept., was published at our office and circulated by us—there are none but pass through my hands—all the papers circulated on that day would contain the same advertisements—this is one of the papers we published—our circulation is sometimes 40,000 a day.
(Upon MR. BALLANTINE proposing to read the letters, MR. BODKIN objected, there being no proof that they were written by the prisoner, or that he was a party to the sending them. MR. BARON PLATT was of opinion that the fact of their being received having been proved, they were admissable.)
(Letter, marked A.)—"Gentlemen,—Anxiety induces me to write to you, provided you will assure me that no other person but the firm will ever know what I wish to inform you. I can save you from degradation, from an immense loss of capital, and from perhaps something still dearer to you. I have been entrapped by a gang of cold-blooded, desperate villains, and hunted by them from the pinnacle of fortune to the lowest sink of iniquity; but should one syllable be known, or the slightest stir be made, my lift would pay the forfeit. I cannot, I will not allude to their vile and cruel machinations; my soul shudders to bear and see their evil and cursed designs; and though I am now suffering the most severe privations, I can endure them rather than be driven from the path of honour and honesty which I have hitherto supported. Will you pledge me your honour and faith, as you hope for mercy in heaven, never to make known one syllable of what I may communicate? and will you lend me your assistance to obtain an honest living by lending me means sufficient to get some business, and trust to my honour and honesty for its repayment? If you will comply with these terms, I will save you, or lose my life in the attempt; but you must be punctual. You are marked out for victims to these accursed villains. A few hundreds will carry me from their reach, which if you accord me will save you from destruction and the loss of thousands—if you accept my proposal, put a sentence in the Times of to-morrow and Wednesday morning, as follows: 'B.O.N. will accede to the terms proposed, and will send part of the means to any place which may be named.' 3d Sept. You must not lose a moment." (The advertisement was in the terms dictated.)
(Letter B.)—"Gentlemen,—You say that B.O.N. will accede to the terms proposed, and send part of the means to any place which may be named. You would have had an answer yesterday, but was prevented. If you act
honourably with me, and not by any means deceive me, or allow any spy to watch me, I will save you or perish in the attempt, though I hazard my life in so doing. I must have means sufficient at my disposal without delay, or all will be lost. I am fully assured that 20,000l. would not cover this horrid catastrophe, which would not only stop your bank for a time, but perhaps for ever, as the books would be all destroyed. The match, that most dreadful and last resource, has been contemplated by the cracksman or captain of this most horrid gang, which I fervently pray to be relieved from. I have never yet, so help me God! done a deed I am afraid or ashamed of, and the only way I can privately obtain means will be the following. At the London end of Kensington-gardens, on the Knightsbridge-side, there is a dyke slope, which divides the gardens from the park, and a carriage road, where the roads meet as you turn to ride or drive across the bridge. It is a short distance from the first lodge, where the keeper remains, within the gardens. On looking up the dyke, you will see large iron pipes which convey water into the pond—a large-elm tree stands in the middle of this road, betwixt the park and gardens—there is sufficient room under the first pipe to conceal a small bag. If you will therefore send a man you can confide in, and lodge beneath that pipe 250 sovereigns, unseen by mortal eye, I swear most solemnly by Almighty God, to prevent the evil; if, when I have completed my task and informed you all is safe, or denounce the villains, you will let me have 250 more, which, if God prosper me, I will repay with gratitude, as I cannot get into business for less than 500 to obtain a respectable living. Let the money be lodged to-morrow, Saturday-morning, by half-past eleven o'clock, but not one moment sooner, and all shall be well with you; but if I am at all deceived in any possible way, all must fall upon yourselves."
COURT to HENRY SMITH. Q. Did you go to the prisoner's lodging to make any search there? A. He refused his name and address—we have not ascertained it up to this time—there are persons in Court who know something of him—I do not myself.
GUILTY . Aged 70.—Strongly recommended to mercy by the Jury, on account of his age.— Judgment respited.
Before Mr. Justice Williams.
1786. JAMES BEALE was indicted for unlawfully and fraudulently attempting by false pretences to obtain the sum of 100l. from Anthony Brown and others, the trustees of a certain charitable trust, known as Wilson's Charity, with intent to cheat and defraud them thereof: to which he pleaded
GUILTY . Aged 29.— Confined Three Months. (There was another indictment against the prisoner, for unlawfully obtaining 100l. from the same charity; to which he pleaded Not Guilty, and upon which no proceeding was taken.)
1787. EDWARD READ SINTZENICH , embezzling the sums of 100l., 220l. 10s., and 100l.; which he had received on account of William Mares and another, his masters. MR. BALLANTINE conducted the Prosecution.
WILLIAM MARES . I am an upholsterer and cabinet-maker, in partnership with my brother. The prisoner came into our employment about two years and three—quarters ago—he came under a written agreement, so as we should understand the nature of the terms—this letter (produced) is the prisoner's writing—this is the letter that we were to make a copy of and send him before he took the situation—he was taken on the terms of that letter.
MR. CLARKSON. Q. Was the original agreement in writing, and was it
handed to the prisoner? A. I made a copy of it from this letter, and sent it to him—I cannot exactly say whether this is a copy or the original, but I believe it to be a copy of what I sent—before the prisoner came, he said it would be necessary to have some understanding, and said, "I will write you a letter, and you write me a copy of it"—this is the letter he sent to us—I did not, to my knowledge, after the letter was sent to us, execute any agreement—all that I did was to make a copy of this letter and send it to the prisoner—that letter was signed by myself (the letter produced was stated not to be
COURT. Q. He said he would write you a letter to show the terms of the employment, and that is it? A. Yes—upon that I wrote a letter to him, copying this, and signed it, and that is all I know of it—I could not swear that it was a copy, word for word, but my impression is that it was an exact copy.
(MR. CLARKSON objected to this letter being received as any evidence as to the term of the prisoner's engagement; it was nothing more than a draft of an agreement, or, if it was, its not being stamped would render it inadmissible. The letter written by the prosecutor was in the prisoners possession, and no notice had been given him to produce it. MR. BALLANTINE proposed to use it as an offer made by the prisoner, and would prove by parol that he was taken on those terms. MR. JUSTICE WILLIAMS. My present impression is, that if it is necessary in the course of the case to prove the exact terms, this document is not admissible; but, being in the prisoner's writing, it may be read as a step towards establishing the relation of master and servant.)
(Letter read)—"21, Lower Belgrave-street, Belgrave-square, Jan., 1847, Sir,—We agree to engage you to take the entire management of the auction, estate, and house-agency valuation, distraint, &c., transacted at our office, and agree, in consideration of your doing so, to allow you one-third of the amount of all the business so transacted by you or through your introduction; and also a weekly sum of 10s. in addition thereto: and also to advance the money required for expenses, attendance, and so on in the transacting of such business as aforesaid. We also agree to allow you five per cent. on any upholstery, funerals, decoration, &c., introduced or obtained by you, when-ever it shall amount to 30l. or upwards—your engagement is to commence on the day of February next, and in the event of either party requiring to give notice, two clear months' notice is to be given."
MR. BALLANTINE. Q. YOU say you received that about two years ago? A. Two years and three-quarters—I received it about the time I received this letter—I had some conversation with him as to the business he was to be employed in—he was to undertake the management of the agency business—that was at the time of his coming to us, I think before the writing of this letter—I do not know whether I saw him on the subject after I sent him the letter—my brother, who is here, saw him first, and frequently afterwards, and he advised me to accede—in the course of our business we let houses for gentlemen, and the prisoner was in the habit of collecting the rents for them—my brother used to collect them occasionally—on the evening of 25th Aug. Mr. Liddell called on me—in consequence of what he said, I said to the prisoner," Have you seen Mr. Liddell?"—he said he had, and he gave him Mrs. Burgoyne's check for the rent that morning—Mrs. Burgoyne had been occupying Mr. Liddell's house, but had left it—I do not know the date, but I believe it was some time in Aug.—I afterwards saw Mr. Liddell, and after that saw the prisoner again, told him I had seen Mr. Liddell, and what he had said to me was false, for he had never received the check at all—the
prisoner then burst into tears—I do not know what excuse he made exactly but he said he would go up-stairs and explain the matter to us, but he did not—if he received 220l., and two sums of 100l. each, on account of the house, of Mr. Harris, he has not paid either of them over to me.
Cross-examined. Q. Do you recollect the case of a person who got into a tenement of yours by some false representations, and ran away? A. I do not recollect—we had a clerk, named Reader—I do not recollect hearing my brother say to the prisoner, with reference to such a transaction, "This is a bad job of Trutch's; we shall lose 20l. by it, and that will knock down your share"—I do not recollect saying anything to the prisoner about Trutch's running away—I swear I did not say," This is a bad job of Trutch's; we shall lose 20l. by it, and you will lose your share"—I do not recollect it, but I will not swear it did not pass—I do not recollect the prisoner saying, in reply," Never mind; the sharpest people are deceived sometimes, and we shall soon recover the loss by other jobs"—I will not swear it did not pass—the prisoner was to have one-third of the money made by the business, and the firm the other two.
Q. Did you net, before the division into thirds, deduct any losses that occurred in the course of the transaction? A. We have never deducted anything yet—it has never been settled up—we did not deduct his share of the loss of Trutch's business, we never settled—we have not arranged it in any way—I do not know that the prisoner was to lose his share of it, nor do I know that he was not—we used to give him 2l. a week, to draw on account—that was on account of his third—I do not know that he received any salary but that—all he has received has been on account of his third—I have not represented him as Mr. Mares—if a gentleman came and asked for Mr. Mares I asked the nature of his business, and if he came concerning a house, I have shown him to the prisoner.
(MR. JUSTICE WILLIAMS. I have great difficulty now in saying that you must not show the exact terms of the agreement. It is impassible to say that the relation of master and servant is clearly shown; it is left in ambiguity, and therefore it is necessary to prove the exact terms which bound the parties.)
NOT GUILTY .
Before Mr. Baron Platt.
MESSRS. HUDDLESTON and M'MAHON conducted the Prosecution.
RICHARD WENSLEY . I am a licensed—victualler, at 339, Strand. On Saturday, 1st Sept., I received this check (produced) from the prisoner—I held an I 0 U of his, and he told me to take the difference, or as much as he might want till Monday—I asked him what he should want—he said 4l., which I gave him—on Monday I paid the check to Mr. Johns, clerk to Smart and Buller, solicitors.
Cross-examined by MR. BALLANTINE. Q. Was the prisoner alone when he came? A. I do not know; the I 0 U was to remain with me till the Monday, and the check also—I gave him 4l. till the Monday, and my son gave him some more afterwards.
WILLIAM JOHNS . I am clerk to Smart and Buller, of Lincoln's-inn-fields, solicitors. I received a check from Mr. Wensley—after that the prisoner called, and asked me if a person of the name of Wensley had been there that morning—on my saving. "Yes." he asked me if I had a check of his—I
said, "Yes;"and he said, "If you will keep it a little while, Mr. Wensley will send you up the money for it"—in consequence of that, instead of paying it through the Bank in the regular way, I went and presented it, and it was not paid—I did not know the prisoner before.
MR. WENSLEY re-examined. I did not send the prisoner to ask Messrs. Smart to keep back the check.
GEORGE MILLINGTON . I am clerk to Smith, Payne, and Smith, of Lombard-street. I remember an application being made to me, verbally, on 21st April, for a check-book, in the name of R. B. Kitchen—I believe the prisoner may be the person who made the application, but I cannot swear to him—he had a pass-book in his hand, which I supposed was Mr. Kitchen's, but I cannot say whose it was—I told him we did not give check-books without an order—he said he was Mr. Kitchen's son—I turned immediately to Mr. Tessier, another clerk, and a neighbour of Mr. Kitchen's, and said, "Is that Mr. Kitchen's son? "and he said, "Yes; it is all right"—the person who obtained this check-book (produced), No. 9174, signed his name to our book, before me—this is his signature, "W. Kitchen."
Cross-examined. Q. You were satisfied all was right, and so gave him the check-book? A. Yes; I believed from what Tessier said, that he was Kitchen's son—I cannot say it was the prisoner, and I cannot say it was not—I think he may be the man; he is like him; he is about the same stature, and he had a black beard under his chin which made me notice him particularly—I did not like the look of him.
GEORGE TESSIER . I am clerk to Smith, Payne, and Smith. I was present in April, when a person applied for a check-book in Mr. Kitchen's name—my attention was called to him—I have no doubt it was the prisoner—he had Mr. Kitchen's pass-book in his hand—I saw the name distinctly—my attention was called to him as being a son of Mr. Kitchen's, a family I am acquainted with, and he said he was his son—I supposed he was the son, because he had the pass-book, and said, "I believe it is all right"—I know some of Mr. Kitchen's sons, but not all—I have no doubt the prisoner is the person—my attention was called to him in a particular manner—he had a check-book given to him—there are no persons of the name of Cotterell and Sons who keep any account with us, or Bamfield Brothers—I know no firm of the name of Cotterell and Sons.
Cross-examined. If you had been asked, without seeing the prisoner, to whom it was you gave the check-book, would you not have said it had been given to Mr. Kitchen's son? A. Certainly not; I did not tell my brother clerk it was Mr. Kitchen's son; I said I believed it was all right—I connected together his being in possession of a customer's book, and having represented himself as Mr. Kitchen's son—I know two of Mr. Kitchen's sons well—they are not like the prisoner; there is a very slight resemblance, if any at all—they do not wear any beard under the chin.
MR. HUDDLESTON. Q. When was it that you first heard that the check was a forgery? A. About an hour afterwards—on the Monday after, I saw Mr. Kitchen and his four sons, at Messrs. Bush and Mullins's office—it was none of them who came for the cheek-book.
COURT. Q. What was there particular about the man who came? A. Nothing remarkable; I knew Mr. Kitchen's very particular habits, and I took it for granted, when a man had got his pass-book, and applied for a check-book, that it must be his son—he was about five feet six and a half, sallow complexion, whiskers, and about twenty-seven or thirty years of age—I
identified him in the cell, when there was another with him—he was much taller, about five feet ten or eleven, and of a very different build altogether—I had described the person who got the check-book as being about five feet five and a half high.
ARTHUR PUGH . I am clerk to Smith, Payne, and Co. I was present on 2l. 8th April, when the check-book was applied for in the name of R. B. Kitchen, and delivered to a person—I believe the prisoner is very similar to the man who applied for it—I should not like to swear to a person I only saw for a few moments—the check-book was given between eleven and half-past; and about half-past twelve or one, this check for 140l. was presented—I cashed it, and gave one 100l. note, dated oth Jan., No. 75672, and one 40l. note, 7th Feb., 60535—the check is one of those from the book given out that morning.
Cross-examined. Q. I suppose you see a vast number of people at your counter? A. A great number, of all complexions and sizes—I cannot say whether five feet six or seven is about an average height—I noticed that the man was less than myself.
COURT. Q. Have you any recollection of the person to whom you paid the check? A. No, not particularly—Saturday morning is usually busy, and I should not like to be positive about it—we were not busy when the book was given out—I was engaged in other business at the time, in the next division to the party who gave the book out—I noticed the person who had the book, in consequence of his announcing himself as Mr. Kitchen's son—I cannot venture positively to swear he is the man—I do not recollect to whom I paid the check.
FREDERICK THOMAS CRUSO . I am a clerk in the Issue Department of the Bank of England, and produce the two notes from the Cancelled Department—I paid them on 21st April, between one and two—they were presented together, and paid in gold—the name of "Goodwin, 14, Kingsland-road," is on the back of them.
COURT. Q. How came they to be so endorsed? A. We always require the name and address on a note—I am not aware that the person pat that address on them in my presence.
ROBERT BETRUM KITCHEN . I am a dyer, carrying on business at Bermondsey. I keep an account at Smith, Payne, and Smith's—I did not on 21st April send anybody there for a check-book, or authorise anybody to go—I went to the bank on that same day, about half-past three o'clock, and on looking at my pass-book I missed from it a cancelled check—the signature to this check (produced) is not my writing—I did not authorise any one to sign it—on the following Monday I was at the office of Messrs. Bush and Mullens, with my four sons; I have no more—Mr. Tessier saw them—the prisoner was not among them.
Cross-examined. Q. Nor a bit like them, is he? A. No—he is a stranger to me.
MR. TESSIER re-examined. No one in particular had charge of the pass-book; any one that happens to be at the receive-counter—a gentleman named Richards was there, on 21st April—he is now ill—persons generally give their pass-books to a clerk of the receive-counter—the person who got the check-book might have gone to the receive-counter and given back the pass-book.
and found in his coat pocket these seven blank checks and four counterfoils (produced)—they are numbered 9179—I asked if his name was M'Creeth—he said, "Yes"—I asked if he had paid a check to Mr. Wensley for 12l. 7s. 6d.—he said he did—I said there was some mistake about it, he must explain it—he said he had taken it from Messrs. Cottereil and Son, for a debt; he believed they were solicitors, but he did not know where they lived. MICHAEL HAYDON (City policeman, 21). I was with Hedington when the prisoner was taken—I asked where he lived—he said, "14, Bedford-street, Strand"—he afterwards said his right address was 4, New Exchange-court, Strand, and that the first address he gave me was wrong—he said he occupied the second-floor—I went there, and found a pocket-book, and, among other things, it contained this check (producing it), signed "Banfield Brothers"—the number is 9179—there is also a card, with" 103, Kingsland-road, "written on it in pencil, and this counterfoil of a check.
MR. MILLINGTON re-examined. I have no doubt that all these checks came out of the book that were given to the person who came with Mr. Kitchen's pass-book—we never have two check-books with the same number,
MR. RICHARD MULLENS . I have made inquiry as to the existence of a firm of" J. Cottereil and Son"—I have not been able to ascertain the existence of such a firm anywhere—there is a Mr. W. H. Cotterville, a solicitor, whose handwriting I know—this is not his, nor anything like it—(the check in question was signed, "J. Cottereil and Son")
GUILTY of Uttering. Aged 32.— Transported for Ten Years.
NEW COURT.—Friday, September 21st, 1849.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; and MR. RECORDER.
Before Mr. Recorder and the Fifth Jury.
1789. JOHN CARROLL , forging and uttering a request for the delivery of 1 pair of boots, and other articles, with intent to defraud the Guardians of the Poor of the City of London Union: to which he pleaded
GUILTY . Aged 34.— Confined One Year.
GUILTY . Aged 29.— Confined Nine Months.
1791. GEORGE COOPER, JOHN COPPIN , and JOHN KING , feloniously breaking and entering the dwelling-house of Thomas Moore Bryant, and stealing 37 leather fronts for shoes, and other articles, value 5l. 16s., 4 pence, and 32 halfpence; his property: to which
COOPER pleaded GUILTY . Aged 27.
Transported for Ten Years.
COPPIN pleaded GUILTY . Aged 30.
THOMAS HARDWICK (police-sergeant, D 7). On Wednesday night, 12th Sept., I was in Silver-street, Westminster—I heard King say to Cooper," I don't think it will do to-night, wait a bit"—he then went into his brother's public-house, which is next door but one to the house that was broken into—Cooper then went to Coppin, who was sitting on a stone at the corner of the Mews—King then came out of the public-house, and joined them—Cooper and Coppin then walked by Mr. Bryant's house, and looked at the shutters
and the door—they then walked back to the Mews, and came in company with King again—King then went into the public-house, and Cooper and Coppin went down Golden-square, and one of them said, "We must cut it to-night"—they then went back to the public-house—Cooper went in and lighted his pipe, and they went on to Drury-lane—on the next night I was with Gray in Silver-street, to watch—I saw Cooper and Coppin there, and King came out of the public-house and joined them, and spoke to them at least a dozen times, between nine and ten o'clock—Cooper and Coppin went by Mr. Bryant's, and so did King—on Friday night I was on the watch again—I saw Cooper and Coppin together, and King came out of the publie-house and joined them—King went into Mr. Bryant's shop, and I saw him in conversation with Bryant—King came out and joined Cooper and Coppin again—on Saturday night I was there again, with Gray—I saw Cooper and Coppin, and King came backwards and forwards to speak to them, as he had done before—King walked by Mr. Bryant's shop by himself, and turned back, and then Cooper did so; and that was continued from time to time till the shop was shut—Cooper watched the house after the shop was shut, and looked over the door to see that the light was out—on Sunday night I went again, and saw Cooper and Coppin near the same spot, and King came out of the public-house, and spoke to them several times; and about seven o'clock, or a little after, Cooper went into the private door of Mr. Bryant's—Coppin was then at one corner of the Mews, and King at the other—they were watching—in about twenty minutes after, I saw Coppin go into Mr. Bryant's—after that I saw Cooper and Coppin come out of the same door that they went in at—each of them had a bundle, and they were seized with this property on them—these goods had been in the shop—they went in at the private door, and got into the yard—they broke the frame of the sash, and got into the back parlour, and from there to the shop—I then went and took King in the parlour of his brother's public-house, the Coach and Horses.
King. You stated that you heard me say, "It is no go to-night," and now you say that I said, "I don't think it will do to-night. Witness. You used those very words, which attracted my attention—I passed by when I heard this conversation—I was about three yards and a half from you—there were other persons there, but not in conversation with these men, as you were: neither were they breakfasting with them in Drury-lane on Thursday morning, as you did.
JOHN GRAY (policeman, C 310). I was in company with Hardwick on those four nights—I saw King frequently in conversation with the other two prisoners—King was in sight when Cooper and Coppin went into Mr. Bryant's house—this is the property found on Cooper and Coppin (producing it).
THOMAS MOORE BRYANT . I live at 22, Silver-street—it is my dwelling-house, and is in the parish of St. James, Westminster—it is next door but one to the public-house—King was frequently in my shop—it is more than probable he was there on the days that have been mentioned, but I do not remember it—this is my property.
King. Q. Did I not breakfast with you on the Thursday morning? A. Yes, you did, about eight o'clock—I cannot tell whether you were in my house after eleven that morning—I do not consider it anything particular in you to stand outside the public-house door—you were always at your brother's house—I have frequently seen persons standing round the gate in conversation.
house on Sunday night, and Coppin followed him in twenty or twenty-five minutes—I saw King come out of his brother's house repeatedly, and he looked towards Mr. Bryant's house—I took Coppin with the bundle under his coat—I found in it these boot-fronts and half boot-fronts, a gimlet, a knife, and a pair of scissors.
COURT. Q. Was King's conduct that of a man whose attention was directed towards Mr. Bryant's house? A. Decidedly—he was regarding the house as if watching it.
King. Q. What time were you there? A. About five o'clock—I saw Cooper and Coppin there about seven—I saw you at the door before seven—I do not know whether 1 saw you there at six o'clock—I saw you several times—I had seen you before this transaction—I do not think I was ever in the public-house before.
COURT to THOMAS HARDWICK. Q. YOU said that King breakfasted with the others on Thursday morning, in Drury-lane? A, Yes—I followed them on Thursday morning about nine, or from nine to ten o'clock—they were in company, and I expect they breakfasted—they had been in a public-house—I inquired of a party there if he had seen them—he said, yes, that he knew them living together, and they had breakfasted there—that is all I know, but I saw them together in Drury-lane myself—they lodged in Short's Gardens—King acknowledged himself that all he knew of the others was by lodging with them, and that he had spoken to them on those nights.
King. That public-house was my home then, being out of a situation. Witness. His brother told me that he gave him 6d. or 1s. at night for going to clean the windows and do what he could, but he did not sleep there.
JURY to T. M. BRYANT. Q. When did King leave you that Thursday morning? A. I cannot recollect—I breakfasted about eight o'clock—I should think he staid till between eight and nine—he might have left my house a quarter before nine.
King's Defence. On Wednesday evening my brother sent me to Gray's-inn-road, about half-past eight o'clock; I returned and saw Cooper and Coppin, and Cooper said, "I am glad you have come, for I have no tobacco;" I went in and brought them some; I saw them there on Saturday night and on Sunday night; I had seen them for a week before; I never was locked up in my life.
KING— GUILTY . Aged 24.— Transported for Ten Years.
(The Court awarded two sovereigns to Hardwick, and one sovereign each to the other officers.)
MR. CAARTEEN conducted the Prosecution.
MARY OLLEY . I am a widow—I live in Shadwell—the prisoner keeps an oyster-stall at the top of the street where I live—I gave her a shilling to give to Michael Dolphin—I afterwards asked her to get it back from him—she said she had been two or three times and she would not trouble herself any more about it—we had a few words, and she struck me on my head with her knife—it cut my head, but very trifling—I hit her two or three blows afterwards, and she did not repeat it—that was on Saturday, 9th Sept.—on Saturday, the 15th, I was standing in Peel-alley talking to a man, between four and five o'clock—the prisoner came up to me—I had not said anything to her then—she spat in my face—she went into the house at the corner, and came out again and came up to me—I asked her what she meant
by spitting in my face—I spoke rather rash to her—she said she would do for me, and she took a knife from her pocket and stabbed it in my arm, and ran across the road—this was in the street in which she was in the habit of keeping her stall, but she had no stall at that time—my arm bled—she ran into the house opposite—she came to the window of the house and said she was sorry it went into my arm only, and did not go into my heart—I had not followed her about or abused her at all—I had not seen her since that night week—I had not torn her bonnet—I believe her bonnet fell off in the street as she ran across the road after she had stabbed me—I had not touched her in any way before she stabbed me, but no doubt she did it in a passion—I hope you will look over it.
Prisoner. On the Saturday she struck me while I was serving my customers, and said, "Will you go for the shilling?" I said, "I have been several times and the man won't give it me;" she said, "If it were your own you would go after it; I will serve you out;" she was abusing me, and Mrs. Wells came to the door and spoke to the policeman, and got her removed, and then she took my shawl and twisted it; the next day she followed me into the passage and said, "Come out you b—y wretch; I will serve you out;" I had my vinegar-bottle and the oyster-knife in my hand, and the moment I came out she laid hold of me and tore my bonnet. Witness. I did not, on my oath—I laid hold of her afterwards and her bonnet fell off.
Prisoner. I ran into the house after she took hold of my bonnet and cap; I said to the woman of the house, "For God's sake let me come in till the policeman comes;" she shut the door, went up stairs, and called for the police-man; the prosecutrix and a lot more were about the door; I did not stab her; she ran after me; I put my two hands up to put her out, and her arm came in contact with the door as I put her out.
Witness. No; she stabbed me before she ran into the passage. JAMES MALIN (policeman, K 99). On Saturday afternoon, 15th Sept. I was sent for to Peel-alley—I found the prosecutrix bleeding very much from a wound in the arm—she pointed out the prisoner, who was standing at the door of No. 1, Peel-alley, and told me what she had done—I took the prisoner, and asked her how she came to stab her—she said, "What does she come and abuse me for, and tear my bonnet"—I said, "Where is the knife that you stabbed the woman with?"—she put her hand into her pocket, pulled out this knife, and said, "This is the knife I stabbed her with; "and in going to the station she said, "I am sorry I did not put it into her b—y heart."
Prisoner. I said, "She says I stabbed her with a knife; this is the only knife I have."
Witness. No; she said, "This is the knife I stabbed her with." DANIEL ROSS. On Saturday afternoon last, the prosecutrix came to my surgery—I examined her, and found a wound on her left fore-arm, about an inch deep, and passing about two inches upwards towards the elbow—such a knife as this is likely to have caused the injury—it entered straight, and then the arm must have been moved, and it turned towards the elbow—I have known the prisoner from a child—I never heard any thing against her. MARY OLLEY. I did not know where she was going to stab me—I put my left arm up, and received the blow in my arm.
Prisoner's Dejence. I deny all knowledge of stabbing her; she was always annoying me wherever she met me.
GUILTY of an Assault. —Recommended to mercy by the Jury.— Confined One Year.
1793. THOMAS RICHES and JOHN JONES , stealing 1 portmanteau, a dressing-case, and other articles, value 5l. 16s., the goods of Mary Ann Forwood, in her dwelling-house: 2d COUNT, the goods of Robert Cooper.
WILLIAM HENEY FORWOOD . I am the son of Mary Ann Forwood; she keeps a house in Burr-street, in the parish of St. Botolph, Aldgate—it is her dwelling-house. On Friday, 7th Sept, a portmanteau was brought to our house, about half-past one o'clock—I noticed it so as to know it again—it was of rather an unusual appearance, with pieces of wood nailed at the bottom—it was put in our parlour, and opened by the owner of it, Mr. Cooper—I saw him lock it afterwards, and he left the straps rather loose about it—I noticed a dressing-case in it, and clothes, and two odd slippers—after he had locked it up, he left it in the passage, about two o'clock, and I missed it about half-past three or four, and gave information at the station—I should think the portmanteau alone was worth 5l., it was nearly new, and was a kind of whitish brown—it bad a patent lock on one side, and a padlock on the other, and a variety of straps—one compartment of it was full of clothes, and there was linen in it—the prosecutor gave a list of the things to the police—our door had been open several times in the afternoon.
JOHN BYRNE . I live in Rosemary-lane. On Friday afternoon, 7th Sept., I was standing outside the door of the Crown and Seven Stars, which is about eight minutes' walk from Mrs. Forwood's—about five minutes after four o'clock, Jones walked by with a portmanteau on his head—he called to me and said, "Can you tell me where I can get this broken open?"—he said he should never be able to get it home without a cab—he sent me to Riches and another person, who were on the opposite side of the way, and Riches told me to stow my b—y mug away—I went to the station and told the officers, and they came and looked at the back of the 'Change, and by the railway arches, but could not see any signs of them—on the Saturday night I was going down Whitechapel-road, and I saw Riches—I had seen that there were three pieces of board at the bottom of the portmanteau, and the straps were loose—it was a double portmanteau; the top would lift off, and then it would be like two—I was a witness before the Magistrate—I heard Mr. Forwood give an account of the portmanteau; he described it the same as the one I saw, but he did not say anything about the three boards at the bottom.
Jones. The prosecutor said there were two pieces of board, and now he says three; I had no portmanteau; if he saw me with it, why did not he bring the policeman and take me? he knew where I lived; he is a bad character; I used to be a bad character, but I have reformed. Witness. After we had been to the back of the 'Change, I went to Flower-and-Dean-street—I said, "That is the door where he lives;"—the officers went back—I went up and saw two women; they said there was the cholera in the room—he was taken in that house on Sunday night—he made a kick at me, and said, "I wish I had kicked you in the privates"—I am not a bad character; I work very hard with my father, and the officers know it—Jones took my brother out, and my brother has got three months—I have been to his house for my brother, and he said he would kick me out.
JOHN GRASE (policeman, H 204). On 8th Sept., Riches was pointed out to me by Byrne—I took him, and told him he was charged, with two others, in stealing a portmanteau, in Burr-street—he denied the charge, and said he did not know the place—I have known Byrne about four years; he works for his living—I know his father, who is a hardworking, honest man—I believe he has a brother who is in trouble.
and Byrne to a house in Flower-and-Dean-street—the door was opened, and Jones was there—on seeing me he drew back—I got hold of him by the arm and kept him till Grase came—he told him he was charged with stealing a carpet-bag from a house in Burr-street—he said he knew nothing about ithe turned to Byrne, and said, "It was you, you b—y thief! you know you have been thieving with me before now"—I took Jones to the station—Byrne rang the bell, and turned towards the street, and Jones tried to kick him in the privates, but the kick came on his legs—I said to him, "You scoundrel! what did you do that for?"—he said he wished he had kicked him.
WILLIAM HENRY FORWOOD re-examined. The portmanteau was a brownish white, rather large—there was a lock on one side, and a padlock on the other two leather straps on it, and at the bottom were three pieces of deal board, to keep it dry—it had come by the Antwerp steam-vessel, and the owner had nailed them on; they were about an inch square—I heard the description Byrne gave, and it corresponded with the one that we lost.
Jones. Q. What sort of portmanteau was it? A. Rather a large size; it folded up in two, and looked as if it took to pieces, but there was a leather hinge at the back of it.
Jones. They accused me of stealing a carpet-bag, and then they said it was a portmanteau; I never saw either of them; it is through a row we had about five weeks ago that Byrne says this; the officer, Gifford, saw me between the times, and did not take me.
ROBERT GIFFORD (policeman). The last time I saw him at the door of his house, I think, was last Sunday morning, or Monday morning—I heard there was a party wanted, but I did not think he answered the description—I saw Jones since that at the door of a lodging-house, with two or three more—they saw me, and ran in; I ran after them—he said, what the b—y hell did I want there?—I said I would come in—he abused me, and said if he was master of the house he would turn me out—I said if I had any more of his abuse, I would drag him out of the house—he was standing at the door of the house that Byrne pointed out as the house where he thought one of the parties lodged at—I searched that house the same afternoon that the box was stolen, about three or four o'clock—the place where Byrne saw the portmanteau was five or six minutes' quick walk from Burr-street.
RICHES— NOT GUILTY . JONES*— GUILTY . Aged 21.— Confined One Year.
MARTHA KENT . I am single, and live at 18, Berkeley-square. On Saturday evening, 2d Sept., about six o'clock, I was going in a steam-boat from Hungerford-market—as I was in the gang-way, I felt something in my pocket—I looked round very sharp, and saw the prisoner with my purse in his hand—I said, "You have picked my pocket"—he said something in German, and gave me my purse—it contained half-a-sovereign, two shillings, and a sixpence—I afterwards gave the prisoner into custody.
Cross-examined by MR. PARRY. Q. Do you understand German? A. No; the steamer was going to London-bridge—it was the penny boat—I was on the little gate-way where they go on board—there was a great rush—there were many persons there—I cannot tell how wide the place I stood on was—there was a little girl, the prisoner, and myself—I think there was not room for six persons to stand abreast—there were several persons before me
and behind me—I did not understand what the prisoner said—I did not understand him to say that he picked the purse up—he went on in the vessel, and travelled with me up to London-bridge—he then went out of the vessel, and was given into custody at the corner of King William-street—I followed him for the purpose of giving him into custody—we kept close to him—there was a gentleman accompanying me—I have dropped my purse, but I do not know that I ever dropped it in the street—my pocket-hole is not wide—I found a hand in that pocket—there were persons before, around, and behind me—I do not think I could have been mistaken about a hand being in my pocket—there was an interpreter for the prisoner at the Mansion House—the hand appeared to come by the side of me—my pocket is in front, on the right side—it was there that I thought I felt a hand, and immediately I called out—I saw the prisoner with my purse in his hand—I did not see him pick it up.
MR. COCKLE. Q. You felt something which induced you to turn round?
A, Yes, and I saw the prisoner close to me—there is a tassel at one end ofmy purse, and one end of it was hanging to the little finger of his left hand.
HENRY ASHBY . I live in Dover-yard, Piccadilly. On the evening of 2d Sept., I was with Martha Kent—as she was going on board the steamer at Hungerford, I heard her accuse the prisoner of stealing her purse—he went with the steamer to London-bridge—I followed him and gave him into custody.
Cross-examined. Q. Were you behind Martha Kent? A. Yes; I did not notice where the prisoner was till she accused him—I do not understand German—I did not see the prisoner pick up anything—I saw the purse in his hand.
WILLIAM HILL (City-policeman, 465). On Sunday, 2d Sept., the prisoner was given in my charge, in King William-street—I took him to the station—I found on him two sovereigns, a five-dollar piece, two half-crowns, four shillings, and some foreign notes, two silk handkerchiefs, and three-pence halfpenny.
ALFRED CHURCHMAN . I am check-taker at Hungerford-pier. On Sunday, 2d Sept., I saw Martha Kent there—she said, "This man has taken my purse"—the prisoner could hear that—I looked and saw the purse in his hand—the gang-way is eight feet wide—there were from sixty to seventy persons waiting to get to the Forget-me-not—he could not have stooped, the gang-way is so short.
Cross-examined. Q. Do you understand German? A. No; I was taking checks of the persons who passed—there was a great rush.
MARTHA KENT re-examined, I have the same pocket on now—it is the depth of my hand—it is too deep for a part of the purse to be hanging out, and the rest in my pocket—I did not feel my dress raised up, but rather pushed down—I had the shawl on which I have on now.
JURY. Q. Did you pay at the pier, or did the young man who was with you? A. He paid for both—I had not put my hand into my pocket. GUILTY . Aged 26.— Confined Six Months ,
EDITH HUNTER . I am the wife of Charles Hunter. We live in Culford-row, Beauvoir-town, in the parish of Hackney—the front room on the basement is a sitting-room—the window of it looks to the front garden—on 15th Sept., a little after ten o'clock in the morning, I went into that room—the window had been left open—I saw the prisoner in the room—a pocket-handkerchief
was on the table—this clock was on it, and the prisoner was in the act of tying it up—the clock had been on the mantelpiece—the prisoner went out, and ran away—I also missed three shillings and three pence—the glass shade was over the clock—I heard that chink, which made me go into the room.
Prisoner. I know nothing of it; I was in a person's house at Edmonton, full four miles off; I never saw the place till the policeman took me.
Witness. I have no doubt of the man—this is the clock.
HENRY HYMAN . I live at No. 17, Culford-row. I heard Mrs. Hunter give an alarm, and saw the prisoner rush from the window of her house along the garden, and run off—I saw him plainly, and can swear to the man—I was sitting in my own room.
Prisoner. Q. In what position were you? A. I was reading—I distinctly saw you immediately you got out of the window—you could not possibly get out of the window without my seeing your face—my house is next door to Mrs. Hunter's.
COURT. Q. Did you see his side face? A. Yes—he was getting out of the window—he had a brown cap on, and I think the same coat he has on now.
Prisoner. You said at the police-court I was not the man that you ran after. Witness. I said no such thing—I was not at the police-court.
Prisoner's Defence. This officer stopped me and another young man; he asked what I had been doing; I said, "Selling a little lace"—he said I must go the station; I said, "Very well," and after they had got no flaw on me, they set the other young man at liberty, and then this man said that I corresponded with the description given him of a person who had committed a robbery, and he asked if I would go to the house; I said yes, I was not afraid to go anywhere, I was not guilty of anything; I asked when the robbery was committed, and they would not tell me; they said it was against the rules to tell; if they had told me that night I could have got some person to speak to where I was; I was in Edmonton at the time.
GUILTY .— Confined One Year.
MR. COCKLE conducted the Prosecution.
GEORGE RUDKINS . I am a watchman, in the employ of the London Dock Company. On the afternoon of 17th Sept., I went, in consequence of information, to the jetty of the docks—I looked under a tarpaulin which covered some sugar, and I saw a matted bag of tea, and a short time afterwards I saw the prisoner on board a ship, the stern of which was close to the jetty—I concealed myself, and about half-past four o'clock I saw the prisoner crawling on his hands and knees between the tarpaulin and the casks of sugar—I then saw him with the bag of tea in his hand—I stopped him—I found a quantity of tea loose—I took it up, and took the prisoner to the office.
Prisoner. Q. When you were watching that bag, did you find it was gone from that spot? A. I found it in your left hand—you did not tell me you were looking for your jacket.
Prisoner, I went in the dock with a truck, and took it to the ship; I laid down my hat and jacket on the tarpaulin, and when I came back they were gone; I was looking for them, and you took hold of me, and said, "I have been looking for you;" the jacket and hat were moved from where I put them, and very probably by this man. Witness, I found no hat or jacket—he had the bag in his left hand, and his hat in his right hand—this is the bag I took from the prisoner, and this is the tea I picked up—I suppose this came out of the hat—there was a tea-chest at the end of the tarpaulin, and it had been wrenched open and plundered—the tea in the bag, that which was loose, and that in the chest, all corresponded—the chest had been removed from where he was standing—the loose tea was alongside the bag—I suppose this bag contained the whole quantity of tea, and he went behind the tarpaulin to fill his hat and pockets, but hearing me he rose up—when I first discovered the bag there was no loose tea.
GEORGE THOMPSON . I am a permanent labourer in the docks. On 17th Sept., I was employed shipping tea from the west quay to the jetty—there were several half chests—I placed them near the tarpaulin—my attention was directed to one that had been wrenched open, and was half empty—I ordered the men to put it on one side, and I shipped off the rest—I went round to see if any tea was spilt, and there was not a bit—I looked behind the tarpaulin about five yards from where the chest was, and saw the bag three parts full of tea—I gave information, and a watch was set on it—the tea in the bag was the same quality as that in the chest.
JOHN CLEMENTS . On 17th Sept., the prisoner was brought to me—I said to him, "Are you the man?"—he said, "Yes"—I said, "You had no business in the docks, and I am sure you had no business in that alley"—he said, "I know I had not, but I was passing along, and saw a little loose tea lying down, and I went behind the tarpaulin to see what it was."
Prisoner's Defence. I am confident this tea was put in by this man (Rud-kins); my wife was buried on Thursday, and I have got seven children. GUILTY . Aged 55.— Confined One Month.
JAMES OSBORNE LEWIS . I live in Clarendon-square, Somers'-town. The prisoner was in my service—after she came into my service, I counted 8l. 19s., which I put on the top of a glass book-case—the prisoner absconded, and then I missed 6l. in gold—no one had access to the room where this money was but my wife and a woman who has lived with me upwards of twelve months.
EMMA WILSON . I have known the prisoner some time—she came to lodge where I do in Great St. Andrews'-street—this day three weeks she told me she had left her place, and had robbed her mistress of 6l.—I went to Clarendon-square, and told what the prisoner told me.
MARY ANN HOMER . I know the prisoner—she told me her mistress lived in Clarendon-square, and she had a good chance to rob her—I said I would have nothing to do with it, she would get herself into trouble and me too—I met her afterwards, and she told me she had robbed her mistress of 6l. 11s.
GUILTY .* Aged 17.— Confined One Year.
JAMES THOMAS HEATHER . I am a packing-case maker, and live in Brown's-lane, Spitalfields—the prisoners were in my service as errand-boys; Hoy between nine and ten months, and Sherwin about two years and half—on 3d. Sept., before six o'clock in the morning, I marked three six-pences, one half-crown, and four shillings, and put them in the till which I locked up—the prisoners came to work about seven o'clock in the morning and went to breakfast about half-past eight—when they were gone I looked in the till and missed two shillings and three sixpences—next day I had the prisoners searched—this sixpence was found on Hoy and these two shillings on Sherwin.
Cross-examined by MR. COCKLE. Q. What character has Sherwin borne? A. A very good one till the last two or three months—he has been very food of play since then—I think he has been led away by lad named Hughes whom I had discharged—I find that Hughes furnished him with a key—I would take Sherwin back, if he would abandon the acquaintance of the other boy, Hughes—I had found my till deficient before, which induced me to mark the money.
SHERWIN— GUILTY . Aged 13. Recommended to mercy by the Jury. HOY— GUILTY . Aged 14. Confined Five Days.
JANE TOMLIN . I am a widow—I live in Huntsford-mews, Dorset-square—the prisoner lived in the same house, with her parents. On 1st Sept., about twelve o'clock, I missed from my room two gowns, petticoats, boots, as apron, and table-cover—they were safe that morning—I saw the boots and two petticoats at the station-house.
THOMAS HILL (policeman, D 135). I took the prisoner in Salisbury-street, on 3d. Sept.—she was in company with another female—I asked the prisoner if her name was Bracey—she said it was not—I said she was charged with stealing these dresses—she said she knew nothing about it, I was mistaken—I took her to the station, and the petticoats and boots were found on her—she spoke about Mrs. Tomlin in coming to the police court in the morning—she called her "the old woman"—she said she was going to be married, but she had deprived her of two gowns—I asked her where they were—she said they were all right, where I could not get them.
GUILTY . Aged 17.— Confined Six Months.
THIRD COURT—Friday, Sept. 21st, 1849.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KELLY; Sir CHAPMAN MARSHALL, Knt., Ald.; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
GUILTY . Aged 17.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Four Months.
MESSRS. RYLAND and PLATT conducted the Prosecution. MART ANN SEBRIGHT. I am a widow, and am a tobacconist at 38, Lombard-street. On 14th Sept., about three in the afternoon, Bannister came into my shop and asked for an ounce of Scotch snuff—while I was serving her, she asked if I could change her a sovereign—I said I could, and she put one down—I took a half-sovereign from my purse, put it down, and put my hand in my pocket to get the silver—while I was so doing, she took up the half-sovereign and put it down again—she then took it up again and said she did not like the look of it—I said I would change it—she said she wished I would—I took out my purse and gave her another, and put the first one back—I did not then particularly notice it—I had but two half-sovereigns in my purse, and I am sure they were both King's coin—she then left the shop—Spittle came in directly after, and in consequence of what he said I looked at the half-sovereign, found it was a very bad one, and one of the Queen's—I marked it and gave it to Spittle—this is it (produced)—it has my four marks on it—this piece of paper (produced by Groves) is the same sort as I use in my business—it has my address on it, "38, Lombard-street."
Cross-examined by MR. BRIARLY. Q. When had you looked at the half-sovereign before Bannister came in? A. About eleven or twelve o'clock in the morning—I always empty my purse after breakfast, and only keep sufficient to give change for a sovereign or two—one of these half-sovereigns I took in the morning for half-a-pound of tobacco, and the other I had the night before—I noticed them particularly; they were old, but both good—I never took bad money before I did not look at the half-sovereign when she returned it, because I had no suspicion of my own, nor of the prisoner, from her appearance—I had taken no gold that afternoon.
JOHN SPITTLE (City-policeman, 9). On 14th Sept. I was in company with Huggett, near the Mansion House, at about a quarter-past two o'clock, and saw the prisoners there in company; they walked towards the Mansion House, turned down Charlotte-row, remained five minutes, then went to Lombard-street, through Pope's Head-alley, into Cornhill; then through 'Change-alley into Gracechurch-street and Lombard-street; Bannister then went into Mrs. Sebright's shop, leaving Foster outside, in front of the shop—they had before stopped at the corner of Birchin-lane about five minutes—when Bannister came out she passed close by Foster, who remained looking about till Bannister got out of my sight—in about a minute Foster left the shop and went in the same direction as Bannister—I then went into the
shop, and at my request Mrs. Sebright looked at her money—I looked at it also, and saw a counterfeit half-sovereign—she marked it in my presence, handed it to me, and I now produce it.
Cross-examined. Q. I suppose they were walking about like country people observing the town? A. I had known Bannister two or three years, and knew her method of walking.
JOSEPH HUGGETT (City policeman, 23). I saw the prisoners opposite the Mansion House—they removed to Charlotte-row, then went along the front of the Mansion House to Lombard-street, through Pope's Head-alley, into Cornhill, then through Change-alley to Lombard-street and Gracechurch-street, and through Nag's Head-court into Lombard-street again—as they were going through Nag's Head-court, I saw them talking together; Foster had her gown up, and after a second or two she withdrew her hand, from her pocket, I suppose, and gave Bannister something—they then immediately came into Lombard-street, and Bannister went to Mrs. Sebright's; Foster remained outside—Bannister came out in a few minutes, passed by Foster, and almost touched her—Spittle then went into the shop; Bannister turned into George-yard, Foster remained looking about a little while, then followed Bannister, and they joined about the middle of George-yard, walked on together, and I lost sight of them.
Foster. Q. Did you see me at my pocket? A. I saw you with your gown up. Foster. My pocket is not there.
MARY ANN BROWNING . I am female searcher at the Fenchurch-street station—I searched Bannister, and found two half-crowns, three shillings, a sixpence, 2 1l. 2d., and a half-sovereign on her—I gave the half-sovereign to Florey.
WILLIAM WILSON . I am shopman to Mr. Locock, a cutler, at 38, Cornhill—on the 14th, at a little after three in the afternoon, Bannister came to the shop, and bought a small knife and fork which came to 1s. 6d.—she tendered me a sovereign in payment—I took it, and gave her a half-sovereign and 8s. 6d. in silver—there were two half-crowns among the silver, I am certain, but I am not sure whether there were three—she tried to ring the half-sovereign on a glass case, and said she did not like the ring of it or the look of it; she thought it was bad—I said if she did not like it, I would give her another—I took it back, gave her another, and she went away—after she was gone, I looked at the half-sovereign she gave me back, and found it was a very bad one—I had looked at the half-sovereign I gave her, just before she came in, and noticed a mark on the edge over the right side of the Queen's head, as if it had been filed—after this, Florey came in while I had the half sovereign in my hand that the prisoner had given me—he afterwards produced to me the first half-sovereign I had given her—I can swear to it—this is it (produced).
Cross-examined. Q. When did you observe the half-sovereign you gave her? A. Not a quarter of an hour before she came in; I had just made up the money in the till according to the till-book, and that was the only halfsovereign.
ISAAC FLOREY (City policeman, 57). On 14th Sept. I saw the prisoners follow two persons in custody to the station-house, and wait till the parties came out—they then called two men over to them, and said something, the men went towards Whitechapel, and the two prisoners went down Fenchurch-street towards Lombard-street, and I lost sight of them—about three the same afternoon 1 saw Foster looking into a shop in Cornhill; and after waiting a short time I saw Bannister come out of Mr. Locock's, which was
next door; saw her go close to Foster, and they both walked up Cornhill, Bannister in front, and Foster following close behind—I then went into Mr. Locock's shop, and Wilson gave me the half-sovereign just produced—I then went after the prisoners, and they were taken into custody—I afterwards got a half-sovereign from Browning, showed it to Wilson, and he said it was the one he had given in change—there was a mark on it. CALEB GROVES (City policeman, 78). Wilson called me to the shop, and the prisoners were given in charge—Bannister said she did not know Foster; Foster said nothing—as we were going to the station, Bannister offered Foster a piece of bun in a piece of paper; she declined having it—at the station Foster put her hand behind Bannister and dropped a piece of paper, which I picked up, and have produced—it appears to be such as tobacconists wrap snuff in; there was snuff in it at the time, which I believe was Scotch.
Foster. It was another person's; the inspector asked what piece of paper that was, and you went and picked it up; you did not have it for near ten minutes after I was in custody. Witness. The inspector was not aware of it till I picked it up.
JOHN KEMPSTER . I belong to the In-teller's Office, Bank of England—I have been attached to the Bank twenty-three years, and am familiar with good and bad coin. These two half-sovereigns are both counterfeit, and so soft that I can break them with my hand.
BANNISTER— GUILTY .* Aged 28.— Confined Eighteen Months.
FOSTER— GUILTY . Aged 30.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution. WILLIAM JEFFERSON. I live at 21, South Audley-street. About April I was applied to by a person—I have a slight impression it was Henning—a book of the Animals' Friend Society had been left at my house the day before, and I gave the money, and received this receipt—the book was left with me, and I gave it to the Mendicity Society—it was like this one (produced—this was headed, "An Appeal on behalf of the Animals' Friend Society," and contained a long list of patrons, the names of a committee and officers, and a list of subscribers; the office was described as at 18, late 403, Strand)—I parted with my money, believing it to be a bond fide society, and I intended to give more largely—seeing the names of many persons I knew, and many of good standing and character, made me believe it was a good society, and I considered it was the old society of which I had often heard—I know Mr. Stevenson, whose name is in the book, and that had an influence in inducing me to subscribe: but it struck me as strange seeing" M.D." to his name, which I knew he was not—I also know Sir Charles Forbes. Henning. Q, Will you swear it was me called at your house? A. No. THOMAS STEVENSON. I am a surgeon, in Upper Gloucester-street. Henning called on me about March—some one had called before, and left this book of the Animals' Friend Society (produced)—Henning gave me a second one, as well as a book of the Royal Society for the Prevention of Cruelty to Animals, to compare the merits of the two, and to show how little the Royal Society had done with such large means, and how much he had done with such small means—the first person who called asked for a subscription, and I paid him one—what induced me to pay it was my admiration of such a society, believing it to be a genuine one, and wishing to serve it—I believed that, from the long list of patrons and names which he brought me, some of
whom I know—the list, had very considerable influence in inducing me to part with my money—among the names there are, the Hon. Miss Vernon, who lives near me; Lord Templemore; Sir Edward Turner, and others, whom I do not know personally, but I know to be respectable; besides which, I saw some papers like this in the book, (a subscription paper,) filled up by some persons in the neighbourhood—I believe the "HON. Miss Vernon, 5l." was one, and that influenced me—my receipt is signed by Henning and Hodgson—I paid Hodgson 5s., and desired him to call again—my name appears as one of the committee in some of these books, but it did not in the book which Henning gave me—I gave him no direct authority to put my name down as one of the committee, but I begged him to call again, and I would see if it was a respectable, bond fide society, before I gave him any further assistance—he had no reason to believe I gave him permission to put my name down—I required the most positive proof that the committee were respectable, and the money properly applied, before I gave him any more assistance—he promised to send some of the committee to me.
Henning. Q. Did not I call on you, in consequence of a communications by Hodgson? A. Yes—I conversed about the society—I afterwards received a long explanatory letter from you—I have not got it here—I received a letter from you yesterday, in consequence of which I have brought all the papers here to-day—I advised you to let a committee-man call on me, and if I found the committee to be respectable I should be happy to assist—you did not say the committee could not put themselves out of the way to do so; you promised to let them call, and I heard nothing more of you—you said the donation I gave should not be spent for the present year—I asked you what salary you received as secretary—you said, 50l. or 60l.—I promised to call at the office, 403, Strand, and make inquiry about the rent, and I asked you about the society being in debt—I said I would know all that, before I paid any further subscription—I do not recollect your saying you had matter at the printer's which you could not put up till you had my answer whether I would be on the committee—I have no recollection of anything of the sort—the circumstance of my name appearing there with" M.D. "to it, is sufficient proof that it was not with my authority—I believe I signed my name in full to the subscription-paper, but you will not find" M.D. "to it.
WILLIAM HUBBARD . My wife's name is Emma; she is ill, and cannot attend to-day—I gave her directions with reference to the prisoner Henning—this book, or one similar to it, had been first left—I saw the names of the committee and so on—I examined the book thoroughly, and gave a subscription from the general tenor of the book, supposing it was the only Animals' Friend Society; and the names of the committee induced me to subscribe, not the" Esquires, "but the" M.D." to Mr. Stevenson's name did—I produce the receipt.
Henning. Q. Did I call on you? A. No; I only saw your collector, the prisoner Roberts—he was the person who called the first time.
DONALD FRAZER . I am a surgeon. In June last year a book similar to these was left at my house; a few days after, a person, who I believe was Henning, called—I paid him 5s., and said I would give him more another time—I was in a hurry, and just glanced at the names—I gave it him thinking it was a bond fide society and seeing these names as patrons and committee—he gave me this receipt (produced)—it was shown to Henning at the police-court, and he admitted it to be his—I paid another subscription this year, but I cannot find the receipt—I believe I paid it to Roberts. Henning. Q. Was it mv signature? A. Yes; you admitted that it was,
but you also said you signed all the receipts in blank—there is no other signature to it, and I feel satisfied the person who called was the person who signed it.
Roberts. Q. You did not state at the police-court that it was sent down? A. Yes, I did; it was laid on the bench, and you took it away in my presence in your hand.
JOHN MURRAY . I am a blind-maker, at 403, Strand. Henning came there on 22d Nov., said he belonged to the Animals' Friend Society, and asked me if I had an office to let, that he was removing from the Animals' Friend Society at the West Strand, as other parties required the room—No. 18, Strand, is in the West Strand—I let him have the counting-house at 18s. a quarter, until I got him a room—he said it was to carry out the Animals' Friend Society—he subsequently asked me to let him have a large room for the committee-meeting—no committee ever met there, and there was never any society there except Henning—he left me a receipt, and asked me, if any-body came, to receive the subscription—I believe I did so, not above once or twice—I afterwards let him two rooms—there was a bed in one—he might have slept there once or twice, but he did not in general.
Henning. Q. Do you recollect being told that I called in June, 1848? A. No—this is my signature to this receipt for four months' rent in 1848—one room appeared intended for a bedroom—I do not know whether you slept there—I was two or three times in the room you occupied as an office—this plate was on the door some months—(the prisoner Henning here produced a zinc door-plate with "403, Animals' Friend Society" on it)—I recollect gentlemen calling—I sent you letters addressed to you—when you left, you owed me a small balance, which you afterwards called and paid.
THOMAS ALLEN . I live at 22, Strand, and also occupy No. 18, part of which was formerly let to the Animals' Friend Society, of which Mr. Gompertz was the manager—I recollect Henning calling on me in May last—he said Mr. Gompertz was not going to continue the management of the society, and he wanted an office—it was arranged that we should receive letters as we had done for Mr. Gompertz—I thought it was a continuation of Mr. Gompertz's society—there was never any committee or society held—I think the agreement is dated 26th May—this is it (produced).
Henning. Q. Did you show me a room at the back of the shop, saying a Coal Company had just left it? A. Yes; and asked 15l. a year rent—I recollect requesting you to send a respectable memorandum-book, and not a 1d. one, such as Mr. Gompertz used to leave—your private address was written in the book—I believe you called twice to see if any subscriptions had been left. RICHARD THOMAS HICKS. Henning lodged with me—I never gave him any authority to put my name down as a committee-man—I received this letter from Henning (produced)—I cannot say whether it is his handwriting, but he admitted it to be so before the Magistrate—that, and seeing it in the paper while I was at Devonport, was the first intimation I had of it—(this letter being read, contained a variety of explanations with reference to different subcriptions).
Henning. Q. Did I not occupy two of your rooms? A. No, you had one bedroom and the use of the parlour—you occupied the parlour with your books and papers only by sufferance; I took no rent for it—before you came
I made inquiries, and learnt that you had lived sixteen months at the last lodging—you dined with me on Sundays, and had tea with my family and friends, and accompanied me to meetings—when I went out, I entrusted you with the sole charge of my house—I recollect your showing me a long paper of names in the garden, and saying you wanted to extend the committee, and asked if I would like to become a member—I said, "No" at once—you then said it would be but a nominal affair, and I said that would not release me from responsibility, and I said I was not in a proper standing for it—I certainly did not after that give you my Christian name—I usually sign my name "R. T. Hicks," and I have it in lots of books—one day you heard me say I was going westward, and asked me to come to your printer's and hear anything that might take place.
MR. ROBINSON. Q, At first you believed him to be a respectable man? A. Yes.
Henning. Q. Do you recollect me coming one night in Sept. last with several others, and asking you for a private room on private business? A. No—I am not aware of your stopping two hours, and having the chandeliers lighted.
THOMAS OCKFORD (policeman, A 20). I produced the register of constables sworn by the Commissioners of Police—I have very carefully searched it, and find no constable sworn in for the society of which Henning was secretary—an application was made in Sept. last for the purpose, and, in conse quence of inquiries, it was refused.
WILLIAM ADKIN . I am a constable of Covent-garden Piazzas—my name is put down in these books as inspector, agent, and constable for this society—I never was so—I was never applied to for the purpose, and had no idea of it—if I had been, I should have given it the denial at once, as I had enough to do Henning. Q. Did you not promise in June, 1847, to go to Guildhall at two o'clock and be examined? A. Decidedly not—you did not call on me in June, 1848, and ask me to transfer my services to you, and I did not say I had not the least objection—you represented you were the secretary of the society, and told me I stood in a good quarter to see cases of cruelty—I told one of your men that on any occasion my services might be required I would lend my assistance—I was not in possession of your private address for the pur pose of communicating with you—you frequently treated me to refreshment, and I did you also.
HENRY THOMAS . I am secretary to the Royal Society for the Prevention of Cruelty to Animals—I was present at Edmonton on Thursday, 25th Jan., when Henning was brought up on a former examination—I was not present on the previous occasion—I believe that was the previous week—Henning produced these books (produced by Horsford)—this one was produced as the minute-book of the society—there was a person there very much like Roberts—I should not like to swear to him, but my impression is that it was him. Henning. Q. Did you then admit before the Magistrate that you had gone to the Police-courts and found what was stated in my book was correct? A. Certainly not; I said I had made inquiry about you at 403, Strand—I was requested to attend the examination, by a person from whom you had obtained a subscription—I told the Magistrate we had had repeated complaints of your having applied for subscriptions to persons who paid you believing they were paying it to us—there was a witness then produced, who
swore a committee-meeting was held in the London-road, which consisted of two persons besides you, and that person represented he was one of the collectors.
FREDERICK MEYERS . I am shopman of Mr. Weakling, of 91, Farringdon-street, stationer—this bill (produced by Horsford) is made out by me, and refers to these account-books—it is dated 22d Jan., 1849—the books were sold on that date—I believe they were sold to Henning—the bill is made out in that name.
Louis GOMPERTZ. I am the honorary secretary of the Animals' Friend Society—that society has not ceased to carry on its operations—this (producing it) is the last report, which is now in the press—Henning was once employed by the collector or agent of our society, but not by the society.
Henning. Q. Did you not ask me in 1848, if I could get you two committee-men? A. No; the society was never extinct—I have not carried it oo for two years by myself—I did not in the report state that a meeting was held at my house in Holborn—the last meeting was on 9th July last.
WILLIAM HORSFORD . I am the chief-constable of the Mendicity Society—I apprehended Henning and Roberts on 28th July—I showed Roberts two receipts for money; one he admitted to be his writing—he said, "Whatever money I have received I paid over to Henning"—I told Henning he was charged with obtaining money by false pretences, and told him there was no society—he said he could prove there was—I afterwards searched his room, and found this paper (produced) signed by three persons, and also the books and the bill and receipt which have been produced—I afterwards apprehended Croton, and told him he was charged with receiving money under false pretences—he said" All I have received I paid over to Henning; I am very sorry I knew him; he lodged at my mother's house; I am sorry I was ever connected with him"—he said he was to have 10s. for the first 1l., he received and 5s. for every other, and that he left the service in consequence of an exposure taking place at the Lambeth police-court—I have made inquiry as to who John Porch is, of St. Margaret-terrace, and find him to be a tailor, living in a back kitchen—I have made inquiry of the Hon. Miss Vernon, whose name is here, and have received a certain communication from her—(the paper was here read, as follows: "Committee-room, Duke of Clarence, London-road, Southwark. Sept. 14,1848.—At a meeting of the committee, held this evening, present the under-mentioned gentlemen, it was proposed by Mr. Porch, and seconded by Mr. Taylor, that on account of there not being members enough to form a quorum of three, the financial part of the business of the 'Animals' Friend Society' be deferred till the Christmas quarter; but the principal object of the society, the prevention of cruelty to animals, to be persevered in. Signed, John Porch, 9, St. Margrett-terrace, Westminster; Robert Taylor, William-street, Kent-road John Parry Henning, secretary.") RICHARD FERGUSON. I am clerk to the Mendicity Society. I have looked at these books—it appears from them that from 1848 up to the conclusion of June, 1849, 216l. has been received—I have written to Lord Templemore, Lady Beckett, Sir Augustus Clifford, and other persons whose names are in this book, and have received letters purporting to be from them in reply, and have them here.
Henning. Q. Have they denied subscribing? A. They deny having given their names as patrons—Lord Templemore says be knows nothing of any Society but the Royal Society—I have had no reply from the Hon. F. Chichester.
(The defendant Henning, in a long defence, stated that the prosecution was
instigated by a rival society; that he had reason to believe the society to which Mr. Gompertz was secretary, was extinct, and he was anxious to establish one in its stead; that the other two defendants, were only weekly servants; that the subscriptions had been properly applied, as would appear from an inspection of the books; that the list of names in the prospectus were genuine; and the liabililies he had incurred on behalf of the society had been all discharged.)
HENNING— GUILTY .— Confined Twelve Months.
ROBERTS and CROTON— NOT GUILTY .
HELENA WERTHEIMER . I am the wife of Samson Wertheimer, of Greek-street, Soho—the prisoner was in our service nine days. On 13th Sept. I came down about a quarter or half-past eight, and could not find the prisoner—I afterwards missed three sheets, two gowns, three shirts, three chemises, two pinafores, and other articles—I had her taken into custody—this sheet, shirt, two gowns, and one petticoat (produced) are mine, and were in the kitchen before I lost them—I had no other servant but the prisoner.
Prisoner. One of the gowns I bought of you, and you kept my wages in part payment. Witness. I never sold her either, or kept back part of her wages.
JAMES DOHERTY (policeman, D 51). In consequence of information, I went to Newnham-street, Edgware-road, and found the prisoner in her sister's room—I told her she must consider herself in my custody, for stealing some of her master's property that morning—I found two gowns in the room—she handed me the sheet, shirt, and petticoat, and said she was going to take them to the mangle—on the way to the station she said her master knew she was taking them, and he was to come and see her at her lodging.
Prisoner. He knew I took them away, and he was to meet me that night, at the corner of Soho-square. Witness. I never heard of such a thing—I deny it, on my oath—I did not know the night before that she was about leaving—I saw her the night before—I did not know she was going to take the things.
GUILTY . Aged 19.— Transported for Seven Years.
ROBERT PACKMAN (City-policeman, 133). In consequence of information, on 15th Sept., I went to Mr. Pullein's premises with Bull, at six o'clock in the morning, and secreted myself behind a desk—Bull also secreted himself—a few minutes before eight, the prisoner came and said to the porter, who was sweeping, "Good morning, you have got a fine stock of cloths," and walked down them, looking at them, and saying," Very fine cloths they are; can't you let me have a piece this morning?"—the porter said, "No, I am afraid"—the prisoner, said, "It is all right; have you got any broad cloths?"—the porter said, "No"—the prisoner then took a piece of cloth, brought it to the counter where I was, and said, "Can't you let me have two and a half of this?"—the porter said, "I am afraid it would be missed"—the
prisoner said, "They won't miss it"—the porter said, "I have some pieces of trowsering"—the prisoner said, "Are they cut off?"—the porter said, "Yes, "and brought them to the prisoner, who looked at them and said, "Have you not got any better stuff than this? this is poor stuff"—the porter said" No, I have not"—the prisoner asked for the measure and scissors—they were handed to him, and he cut two and a half yards off, and asked if he had got anymore—the porter said no, he was afraid—the prisoner then asked for some paper, the parcel was tied up, and the porter said, "I hope this will not get where my master will see it"—the prisoner said, "Do you think I am a fool?"—he then left the warehouse, went away, returned in eight or ten minutes, took the parcel, and went away, saying to the porter, "I shall see you at the Weavers' Arms at twelve o'clock"—I then got from my hiding-place, went out, and saw the prisoner in custody with the property—I had spoken to the porter before I went—he knew I was there.
Cross-examined by MR. PAYNE. Q. Where were you? A. On a desk behind the counter, with some packages in front of me—I made no memorandum of the conversation, I am only speaking from recollection—I went there by arrangement—Mr. Pullein had previously been to the station—the porter did not first ask the prisoner if he would have some, the prisoner asked him—Bull was on the stairs in the passage—I do not think he could hear this conversation—I think the porter went after the prisoner when he went out and fetched him back, and then he took the parcel away.
JOHN MARK BULL (City policeman, 151). I secreted myself at Mr. Pullein's, and looked through the key-hole—a few minutes before eight o'clock I saw the prisoner come into the warehouse; he said, "Good morning "to the porter—I did not hear any more said—in a few minutes he went out without anything, returned in a few minutes, and went out again with the parcel under his arm—I followed him into Aldermanbury, and said, "Good morning St. Ledger, what have you got under your arm?"—he said, "Only some cloth the porter "(pointing to the porter at the door)" gave me to take to Hall's"—I asked him how often he had been to Mr. Pullein's warehouse that morning—he said only once—I said, "Are you positive?"—he said, "Yes, I passed by before, but I have only been there once"—I took him to the station, took the bundle from him, and found it contained four pieces of cloth—I searched him, and found two sheets of paper in his hat.
Cross-examined. Q. How was it you did not hear the conversation? A. There was a partition between us, but I could see—I saw the porter go out—I went there in consequence of a communication from the Inspector.
Cross-examined. Q. How long have you known the prisoner? A. About two years; he has once or twice sold on commission for me—I have not had a quarrel with him—he once took a piece of cloth out, and did not bring it back—he did dome for the purpose of settling about it—I do not recollect that he said he sold it, and wanted to set it off for his commission—I swear he promised to pay for it—I do not recollect what he said about the matter—he introduced several customers to me, some of whom deal with me now, I believe—the prisoner never said there was a good deal of money coming to him according to the agreement between us—I do not know how much he has received from me as discount—I do not know what he says I owe him—I swear I have not sent goods to Chatham by him to sell in his own name—I ordered my porter, under the direction of the police, to let the prisoner have what he would take—I owe him nothing.
ISHMAEL EDWARDS . I am porter to Mr. Pullein, and have been so five years—I know the prisoner—I met him in Shoreditch, he asked me to have a drop of beer, and after that he asked me if I could get any goods for him from the warehouse—I told him I was afraid of it—he said, "All the porters do so"—I went home and told my master—a few months afterwards, about five or six months ago, I met him again in Fore-street, and he asked me if I could get anything for him, and asked me if I cut cloth—he said that is the dodge, and clapped his hands—he said I ought to make 5l. a week—I said, "I don't like that," and said I did not know how to wrap cloth up—he said he would come and show me, and would make it all right—I went and told Mr. Pullein that—I met him several times in the last two weeks, and used to escape away from him—he asked me if I would meet him any night—I said I would—I told my master that, and in consequence of his directions I made an appointment, and met the prisoner at the corner of London-wall—he came on the Friday morning, about eight o'clock, and asked if I bad got anything for him—I said" No, "and told him if he would come this time to-morrow I would see what I could do—I told my master that and the policeman also—on the Saturday morning he came to the warehouse, said "Good morning, Jack, you have got a good stock of cloths here"—he got a piece, and wanted me to let him have two and a half yards of it—I said I was afraid of it, I did not like it—I gave him the measure and the scissors, and he cut it—he cut these other pieces also—he then wrapped them up in this piece of paper, and went out—I thought some one was waiting for him, and went after him to the corner of Aldermanbury, and he asked me if I had got the parcel—I told him I could not bring it, and he came back to the warehouse and had it, and I told the policeman," He is out now"—he gave me no money, and I never took of him a farthing—I did not expect any money for this cloth—I asked him what he was going to stand, to see what he would do, that was all.
Cross-examined. Q. Where were you to meet? A. At the Weavers' Arms—I have only been out with him once with cloth to sell, and then he tried to make me drunk, and wanted me to leave the cloth outside a public-house—he first came about, two years ago—I do not know how often he has sold on commission for Mr. Pullein—it was about twelve months ago that he first asked me if I had any goods—I do not know what arrangement he had with Mr. Pullein—I do not remember any goods going to Chatham—I do not know that he has had goods to the amount of 500l.—I only enter them in the delivery-book—I cannot tell what the amount is—I cannot say how often he came to Mr. Pullein's—I have never had a quarrel with him.
MR. PAYNE to MR. PULLEIN. Q. Did not the prisoner obtain customers to the amount of 2,000l., for which he was to receive commission? A. Certainly not, not 200l.—Mr. Williams, of Aldgate, never purchased to the amount of 200l.—the whole of his dealings with me are nearer 100l. than 200l.—the prisoner was to have 2 1l. 2 per cent. commission on the goods he actually sold—he introduced Mr. Williams to me—the prisoner was not a standing agent of mine—I cannot recollect what he has received.
JURY. Q. Was his commission to be 2 1l. 2 per cent. on the first purchase, or on the continuation of purchases? A. On all sales—if a person came and bought again afterwards of me, he would not have commission then—there was no price named for the cloth he cut off.
GUILTY .* Aged 36.— Confined Six Months.
JOHN COWAN . My father, Lewis Cowan, is a soap manufacturer, in New Gravel-lane, Shadwell. The prisoner was in his employ about two years, and it was his duty to attend the soap while it was cooling—in consequence of information, on 9th Sept., in the morning, I concealed myself in the factory when it was his duty to come—he came, and after he had done his duty, he put on his coat, and took from a pile of soap three pieces, and deposited them in his pocket—I went out of the factory, and went after him, but lost sight of him—I found an officer, came up to the prisoner, and asked him if he had done his duty—he said, "Yes"—I said that with a view of detaining him till the officer came—the prisoner avoided me as soon as possible, and went down a court—I saw him again in a few minutes, went up to him with an officer, and he was taken into custody—I accused him at the station of stealing the soap—he said he did not take it—he was searched, and nothing found but a few crumbs of soap.
Cross-examined by MR. MEW. Q. It was his duty to attend on all mornings? A. Yes; not on every Sunday morning—when he was to attend on Sunday, he was told overnight—he was in the soap room about an hour and a half—I was in the adjoining room, which opens into it—he did not go in and out from one to the other—the door was locked—I saw through a hole in the partition, which I made for the purpose—there were about two tons of soap in the warehouse—the prisoner was about two yards off me—I could see the whole of the warehouse distinctly—my brother went after the prisoner one way, and I the other, and we came up together.
BENJAMIN PEARCE (policeman, K 247). I went with last witness's brother after the prisoner, and met him turning into the Highway—I told him I wanted him for robbing his master—I took him to the station, searched him, and found a few crumbs of soap in his coat pocket—he said all the men that worked in the factory were liable to have the crumbs in their pocket. (The prisoner received a good character.) GUILTY . Aged 28.
Recommended to mercy by the Jury, Confined Two Months.
FOURTH COURT—(HELD IN THE GRAND JURY ROOM). Friday, September 21 st, 1849.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; and MR. COMMON
Before Mr. Common Serjeant and the Third Jury.
1807. THOMAS COOPER, GEORGE JONES, FRANCIS PEACOCK , and WILLIAM PEARCE , burglariously breaking and entering the dwelling-house of Joseph Cohen, with intent to steal: Jones, Peacock, and Pearce, having been before convicted. MR. CHARNOCK conducted the Prosecution.
THOMAS KELLY (police-sergeant, H 2). On Monday, 20th Aug., I went with Wigley and Gilford, for the purpose of observing Mr. Cohen's premises—I concealed myself in a house nearly opposite, and directed Wigley to secrete himself on Mr. Cohen's premises—about eleven o'clock, I saw the four prisoners come down the street together, and stand directly opposite where I was concealed—I knew them before—the prisoners are the persons—they were not two feet from me—they stopped some time, then went away, and all four returned in about five minutes—previous to that they were loitering
about for a few minutes; not together; Cooper and Jones were nearer the door than Pearce and Peacock, who stood behind, covering them—Cooper put something to the door, and I heard a noise, as if something was applied to the key-hole—I saw his hand worked backwards and forwards, but they could not open the door—they then said something to one another, which I could not hear—Cooper or Jones then put something to the door, and it flew open in a moment—one of them, I cannot say which, cried, "It's in!"—they then all went away for a few minutes, and returned—Jones and Cooper entered the house, and the others remained three or four yards from the door—there was then some exclamation of," They are in!" and the moment that was said, one of them called out, "Nammas!" which is a flash word, and means, "Run away"—Pearce and Peacock then ran away, and I got out and secured Jones, and told him the charge—he made no answer then, but on the way to the station he said all I could do was to lag him—I searched him at the station, and found a box of silent matches—on the Thursday night following I took Peacock, at the Red Cross, Bethnal-green—he said all I could do would be to lag him.
Cross-examined by MR. PAYNE. Q. Where were you? A, In a house opposite—the shutters were so that I could peep through—there was a lamp over the door—there was somebody with me; he was not looking through the same window—I know a man named Hurley well; he is a thief—I do not know whether he has anything to do with keeping a brothel; his father keeps a low lodging-house for thieves—Gilford was with me—I do not know that he has married one of the people from that house—I did not have the ease put off that he might be married—I do not know that he married at the time this case was going on—I did not know of his marriage till after it was done—I took Hurley up—he was let go because I did not swear to him—on my oath it was not Hurley, but Cooper, who was moving at the door—there was no other man but the four prisoners—the house is in the parish of St. Mary, Whitechapel.
Cross-examined by MR. MEW. Q. How do you know it was eleven o'clock? A. Because I heard the Tower clock—the house in which I was, was five yards off—I searched Jones and found a box of matches, and a tobacco-box on him.
Cross-examined by MR. O'BRIEN. Q. Were these the back premises? A. Yes; there was a lamp exactly over where I was—it was sufficiently lighted for me to see.
ROBERT GIFFORD (policeman H 89). On Monday night, 20th Aug., I placed myself in a house commanding a view of Mr. Cohen's premises, about twenty yards off—at eleven o'clock the prisoners came down the street—I had known them for months before, and am sure they are the same people—I am not mistaken in any of them—they passed me several times for about twenty minutes—about twenty minutes past eleven they went up to Mr. Cohen's premises, and were fumbling at the door—I saw their arms working—Pearce and Peacock appeared in conversation behind the other two—there was a pause, and the door went in with a report as if forced, and the whole four left the door quickly, not in the direction I was—in a few minutes they returned, and Cooper and Jones went into the house, leaving Pearce and Peacock on the opposite side, six or seven yards off—when they had been in a minute or two, I heard an exclamation, and saw Pearce and Peacock run away in the same direction—in a minute afterwards, Cooper and Jones ran out of the house—Cooper was fifteen or twenty yards in advance—I saw Jones taken by Sergeant Kelly, on which Cooper turned back, and when
within seven OT ten yards of me, he appeared unbuttoning his trousers—I grasped him by the neck-handkerchief, and snatched this life-preserver (produced) which was hanging under his coat from a small loop—the snatch I gave it broke the string—I searched him, and found in his pocket this screw-driver and skeleton key—with Mr. Cohen's assistance I took him to the station.
Cross-examined by MR. PAYNE. Q. Had you seen these same people there on the Sunday night? A. Yes; I am quite sure I saw Cooper there on both nights—it was about a quarter to ten o'clock on Sunday night, and I heard a grating in the lock as if keys were being used, and they were there again at ten o'clock—I am quite sure Cooper was there at a quarter to ten and at ten—I cannot be mistaken; I knew him so long before—I know a thief named Hurley—I did not take him up—he was not taken up on this charge and let go again—I have been married during the investigation before the Magistrate, not to some one out of the house Hurley lives in—she was no acquaintance of his—his father is a beer-shop and lodging-house keeper—the person I married lived some distance from there, at a shop, not a lodging-house.
Cress-examined by MR. REPTON. Q. Where were you stationed? A, In a house fifteen or twenty yards from the prosecutor's house, on the opposite side—there was a lamp opposite—the street is not so well lighted as others, but at that spot it was—I stationed myself there in consequence of what I bad seen on the Sunday night—I went, having the knowledge that something would occur.
Cross-examined by MR. MEW. Q. Having obtained information, did you take Hurley? A. I did not—he did not say '* It was not me and Peacock, but Peacock and Pearce that were there"—Hurley has, not been taken up on this charge at all.
JOSEPH COHEN . I am owner of the premises, 49, Prescott-street, in the parish of St. Mary, Whitechapel. I secured the premises that night, leaving this bag on the top of the counter in the warehouse—it is mine—I left at ten o'clock.
Cross-examined by MR. REPTON. Q. Do you live in the house? A, Yes—I am a clothier.
Cross-examined by MR. O'BRIEN. Q. Is not the warehouse separate from the dwelling-house? A. No, it forms a portion of it—I built it on the garden—you can get there without going into the street.
Cross-examined by MR. REPTON. Q. Where were you? A, Seven or eight yards from the door—I had no light—the warehouse is about three yards from the staircase—I did not bear the prisoners enter—I was there to see that no one came in—I did not go to the door when it was broken in—I should have let them taken anything, if they liked—any one could have come in without my hearing them—I was under the counter—I walked downstairs, and found Cooper and Jones in custody—two men slept on the premises. MR. PAYNE called
SAMUEL GWYNNIES . I am the father of Cooper; his name is Gwynnies. On Sunday, the day before he was taken, he was out with me from six in the morning till nine at night, and we sat and talked till ten, and then had supper, was a quarter-past eleven before he left my house—we went five miles
past Croydon to get the air—my little boy and my other son went with us—my daughter Mary Ann, and my son William, and my wife, were with us from nine o'clock—my wife is ill—my son's wife was there—she is not here.
Cross-examined by MR. CHARNOCK. Q. Have you been in Court and heard Mr. Payne's speech? A. Yes—my boy is ten years old—he was asleep when his brother went, or he would have been here—we had some ham for supper, which we brought home from Croydon—we had taken it with us—four or five persons, I believe, sat down to supper, with the children—we had some bread and pudding—I believe it was the remains of an apple pie—there is a clock in the room where we were—I looked at it, and we could hear Spitalfields' clock, which is against our house—it was a minute or two before nine when we came home—it was not one minute past—we had a pot of beer with our supper—we had no brandy and water—my wife paid for the beer—I will not swear which of the children fetched it—I drank part of it—there was no smoking—the prisoner left because he does not live at my house—I am a silk-velvet weaver, and work at home for Mr. Brooks—I should say it is twenty minutes' walk from my house to Prescott-street—I do not know Jones—I have not seen him with my son—I do not know a public-house called the Duke of Sussex—I told my children to speak the truth, and nothing but the truth, and if he was out at ten, of course they will tell you the truth about it—I do not remember telling them to say he was at home between nine and eleven—I will not swear I did not, because I do not remember that I did.
Cross-examined. Q. Where was he on Saturday night or on Friday night? A. I don't know—we were sitting and talking on Sunday night; there was no smoking—we had some ham I believe for supper; there was nothing else that I know of—I do not think they had any thing to drink—there was no pudding or tart—my father has not told me it was important to say my brother was there; I have not had any conversation with him about it—my brother is married—my little brother went to sleep I believe after supper—my mother and one of my little brothers went out with my father and brother.
COURT. Q. Was there nobody else with them? A. No—they had gone out in a horse and cart—my mother did not go, nor my younger brother—my brother went away at past eleven o'clock—we had ham for supper that night; nothing else—I was at home when the chaise-cart went away, and so was my mother and little brother, ten years old.
MR. CHARNOCK. Q. How do you know it was nine o'clock? A. Because the church clock struck nine—we have a clock in the house.
JURY to ROBERT GIFFORD. Q. How long would it take to walk from Spitalfields Church to Prescott-street? A. Six or seven minutes.
COOPER—Aged 23.PEARCE—Aged 21.
JONES—Aged 24. PEACOCK—Aged 22. — Transported for fifteen years.
(Thomas Kelly, policeman, stated that the prisoners were all regular thieves, and that eight or nine burglaries had taken place in the neighbourhood.)
CHRISTOPHER HOLMAN . On 5th Sept., about five minutes to eleven o'clock in the morning, I saw two persons, of about sixteen or twenty years old, following the cow in Blackhorse-lane—I cannot identify them.
JOHN GRISCOME . I come from the Plough-yard, Rupert-street. There is a cow-shed there—at half-past three o'clock in the afternoon the prisoner drove a cow in there, and asked to be allowed to let it stop there while he fetched Webb, the butcher, who he drove it up for.
Prisoner's Defence. I met a Welshman, whose name I understood was Webb; he asked me to drive the cow to London, and paid the toll for me; when I got up, I put the cow in the yard to go and find him; I could not find him, and went back to Barnet, and the officer took me; I did not know the cow was stolen.
Prisoner. I did not offer it for sale; I said it was for sale, but I had no written authority. GUILTY . Aged 15.— Confined One Year.
1809. JOHN KING , burglariously breaking and entering the dwelling-house of William Angerstein, at St. James's, Westminster, and stealing 1 snuff-box, value 5s., and 1 sovereign; the property of James Hope.
EMILY PREWITT . I am single, and sleep with Mrs. Hope's children. On 12th Sept. I was awoke at a quarter to six o'clock by a noise in the loft—I jumped out of bed, looked through the key-hole, and saw the prisoner in the house—it is Mr. Hope's dwelling-house, and in the parish of St. James's, Westminster.
MARY ANN HOPE . I am the wife of John Hope, coachman to Mr. Angerstein. About a quarter-past six o'clock I heard a noise, but thought it was the children—I missed my husband's snuff-box from the table in the sitting-room; this is it (produced)—I had seen it safe the night before, when I went to bed—the skylight was open.
WILLIAM M'BEAN (policeman, C 130). On 12th Sept., about eight in the morning, I traced footsteps to the adjoining wall—I looked over, and saw the prisoner in discourse with a servant-girl and a potboy—I took him, searched him, and found this snuff-box on him.
Prisoner's Defence. I was never out of the public-house; I must have picked it up in mistake for my own; I was in liquor.
GUILTY . Aged 50.— Confined Eighteen Months.
FULLER pleaded GUILTY . Aged 26.— Confined Four Month.
WALTER HOLMES (policeman, F 50). Between six and seven o'clock on the morning of 9th Sept., I met Dillon at the corner of Portugal-street, Lincoln's-inn-fields—I watched her, and saw her come out of a passage—I overtook her with a bundle; it contained meat, bread, butter, candles, dripping, and other things.
Dillons Defence. Fuller gave me the parcel; I did not know what was in it till I saw it at the station.
DILLON— GUILTY . Aged 50.— Confined Four Months.
Prisoner. I have paid you; I sold you my business; you keep no books; I have nothing to show, nor you either; you owe me seven weeks' wages. Witness. I do not—I do keep books.
EDWARD BLACKBURNE . The prisoner has not paid me these three sums,9d., 10 1l. 2d., and 9d., but I have no better proof than in the last case. JANE DEANE . I paid these three sums to the prisoner. NOT GUILTY .
OLD COURT.—Saturday, September 22nd, 1849.
PRESENT—Mr. Justice WILLIAMS and Sir CHAFMAN MARSHALL, Knt., AIA
Before Mr. Justice Williams and the Fourth Jury.
MR. BALLANTINE conducted the Prosecution.
JAMES FLETCHER . I live at 75, Chester-square. 1 let it furnished to Mr. Harris, through the agency of Messrs. Mares—in consequence of receiving this letter (produced), I sent this check to Messrs. Mares—I received tfcu other letter after having sent it.
JOHN MARES . I am in partnership with my brother William—the letters produced are the prisoner's writing—I engaged the prisoner to manage the house-agency—I received this letter (produced) from him after he came into our employment, after we had engaged with him—I fully believe that it was after he was engaged—it is his writing—my brother wrote an answer—I read it over before it went, and put it on the desk again—the prisoner was then in our employment—he did not have any conversation with me after we had sent that letter—he merely said that would do, referring to that letter—(the notice to produce this letter was admitted by Mr. Clarkson, who produced the letter)—this is the letter that my brother sent—the prisoner afterwards acted in the capacity for which I had engaged him—he has never accounted to me for Mr. Turner's rent, or the 20l. for taxes, nor accounted for it iu any way—I do not know the amount of the rent, for he never made it out in the book.
MR. CLARKSON objected to the reading of either of the letters, on the ground that either one or both of them constituted an agreement, and as such required a stamp. MR. BALLANTINE did not intend to use either as an agreement, which it could not be, there not being two contracting parties to it, but simply to show in what relation the prisoner stood to the prosecutors. MR. JUSTICE WILLIAMS was strongly of opinion that the second letter must be taken to be a contract; and if it appeared on the face of it to be of the value of 20l., it required a stamp, but that the value must be ascertained at the time of the making of the agreement.
Cross-examined by MR. CLARKSON. Q. What business were you doing in house-agency at the time? A. Not much—I do not know much about the argument I have heard—it is quite logic to me—I should understand more about a table or chair—we were not getting 60l. a-year profit by the house-agency. MR. CLARKSON argued that it would be impossible to show, upon a prospective contract, what the value of it was at the time it was entered into; and that in order to take it out of the operation of the Stamp Act it must appear on the face of it not to be of the value of 20l. MR. JUSTICE WILLIAMS would reserve the point if it became necessary; the first letter he thought not admissible, but the second was read as follows:—"21, Lower Belgrave-street, Eaton-square, Jan. 31, 1847. Sir,—We agree to engage you to take the entire management of the auction, estate and house agency business, transacted at our office as above, and agree, in consideration of your doing so, to allow you one-third of the amount of all business so transacted by you or through your introduction, after deducting all out-going expenses, etc., attending the same. We also agree to allow you five per cent, on any upholstery, funerals, decorating, etc., introduced or obtained by you, whenever such account shall amount to 30l. or npwards. Should either party be desirous of ending this engagement, two-clear months' notice is to be given by such party to the other. We are, Sir, yours, etc., W. and J. Mares. To Mr. Edward Sintzenich."
Q. Do you remember a discussion between yourself and the prisoner on the occasion of some property to be sold as an auctioneer, as to who was to sell it, or who had the right to sell, you or the prisoner? A. I remember one instance where I said I should sell—he said he should like to sell—he asked to sell, but he did not insist that he had a right to sell, if he did, I never took any notice—he said he should like to sell, and I said I would sell—I swear he did not insist that he had a right to sell—the matter was not referred to
my brother as senior partner—it was mentioned to him, and he said we had better employ some one else to sell, and said Mr. Foster, of Oxford. street, would be the best man—I said, "Well, if he objects, let Mr. Foster sell"—I gave way, because I did not want to make any obstacle, or I should have sold; I had the power to do so—I remember our letting a house to a man in Chester-square—my brother did not say to the prisoner, in my hearing, "We shall lose 20l. by this, and you will lose your share;" I did not hear it—I never represented the prisoner as Mr. Mares; I swear that; nor did my brother, in my presence, that I am aware of—I do not remember a house occupied by Mr. Talbot, the member, in Belgrave-square, nor my going there for 60l., and his refusing to pay me, as he said I was not Mr. Mares—I never went to Belgrave-square to receive any sum—I went to Cavendish-square for an account for agency, for letting a house—Mr. Talbot told me he would rather see the person he had seen before, and would pay him—he did not refuse to pay me because I was not Mr. Mares—I told him my name was Mares—he did not say I was not the Mr. Mares he had seen—the prisoner went and received the money—I took him there—I am not aware that the firm was in difficulties at that time—that has never been the case—I never represented the prisoner to anybody as my brother—I did not when Mr. Talbot refused to pay me, say I would send my brother—I did not, after the prisoner had received the money, laugh and joke with him about my having said he was my brother—the prisoner engaged a person named Reader as clerk—I never heard of my brother's proposing to the prisoner to go into ano-ther business, and to alter his agreement from one-third of the profits to one-half—I never told Colonel Malcolm that the prisoner was my brother—when we first entered into an engagement with the prisoner, our house agency did not realize 60l. a year—I have no idea what our last year's profit has been—I never kept the books; my brother did—the books are here—the prisoner's engagement was of his own seeking—he came to our place—I mentioned at Mr. Haine's office that we wanted a person, and he said he should like to come—I did not ask him—he has not doubled our upholstery trade—he may have increased it a little—I should say he has doubled the house-agency—I know of no proposition being made to him, when it was anticipated he was about to leave, that he should have a larger amount of the profits—I know Mrs. T. P. Cooke—I never told her that the prisoner was my brother, or anything to that effect.
MR. BALLANTINE. Q. You say the prisoner engaged a person named Reader to act as clerk, who paid him? A. I and my brother—it was our capital that worked the business—the prisoner brought none into it. JURY. Q. How long had you been in business before the prisoner came to you? A. Somewhere between twenty-six and twenty-seven years; first in Radnor-street, and then we built the house where we now are, and have been there fourteen or fifteen years. NOT GUILTY .
(MR. BALLANTINE offered no evidence.) NOT GUILTY .
Before Edward Bullock, Esq.
MR. WILDE conducted the Prosecution. WILLIAM VOWLES (policeman, K 275). On Sunday night, 19tb Aug., I was on duty near the Bald Faced Stag, at Chigwell—in consequence of something Mr. Macnamara had told me, I observed a bag of chaff and oats near a small gate—I then went to Stammers' cottage, and while there, Stammers came up with the bag under his arm—I asked where he got it from—he said, "From the Bald-Faced Stag"—I asked who gave it him—he said, " Tom Finch, the ostler"—it was about twenty minutes past eleven o'clock—Corley was with him—I believe he lodges with him.
Cross-examined by MR. PAYNE. Q. Did you examine the bag before you went to Stammers' house? A. I took hold of it, and opened it; it was rather dark; it was a very similar bag that Stammers brought to his house.
JAMES HALL (policeman, K 336). I was at the station-house at about a quarter to twelve o'clock, when Vowles brought Stammers in—I then saw Corley near the station, and asked him what he was doing there—he said he came to say he gave the corn to Stammers—I asked him who authorized him to do so—he said the foreman to Mr. Macnamara—I took him into custody.
Cross-examined by MR. PAYNE. Q. The prisoners were bailed out, were they not? A. Yes; they have surrendered to-day to take their trial—Stammers keeps a coal-shop and also a horse.
Cross-examined by MR. HORRY. Q. YOU took Corley because he said he had given Stammers the things? A. Yes.
Cross-examined by MR. PAYNE. Q. Stammers keeps a horse there, does he not? A. Yes; I know Mr. Macnamara's horses; they are not clever at drawing water—Stammers' horse was used very often to draw water, because Mr. Macnamara's horses did not like it—Stammers' horse has drawn water for the Bald-Faced Stag before.
Cross-examined by MR. HORRY. Q. Have you known Corley some time? A. Yes; he has been six years in Mr. Macnamara's employment—Stammers' horse was employed on 19th to draw water—sometimes I have asked Stammers to lend me his horse, and I have known Corley do the same; and I have given him liberty to turn his horse into our stables to get what it could—I know Corley used the horse on this day to get water—the men are sometimes up late at coach work.
MR. WILDE. Q. Do you mean to swear you ever knew Stammers' horse employed for Mr. Macnamara? A. Yes; I saw two butts of water fetched in from a pond for the use of Mr. Macnamara's horses—Mr. Macnamara has got more than five hundred horses, but they refuse to fetch water. SAMUEL CLARK. I live at Woodford, and am foreman to Messrs. Macnamara—I never gave any corn or chaff to either of the prisoners, or gave either of them authority to take it—I have seen the chaff found; 1 believe it to be the same as that used for my master's horses.
Cross-examined by MR. HORRY. Q. Had you employed Stammers' horse that day? A. I never did—I have heard since this happened that it has been employed. (Stammers received a good character.) NOT GUILTY .
Before Edward Bullock, Esq.
1816. JOHN FROST , burglariously breaking and entering the dwelling-house of David Williams Wire, about five in the night of 23d Aug., at St. Paul, Deptford, with intent to steal and stealing therein 1 time-piece, 1 coat, 3 spoons, 1 caddy-spoon, and part of a cruet-stand, value 17l., 10s.; his property; and 1 handkerchief, value 1s.; the goods of John Piper.
MR. BODKIN conducted the Prosecution. ELIZABETH WALTON . I am cook in the service of Mr. David Williams Wire, who lives at Stone-house in the Lewisham-road—he and his family left town on Thursday, 23d Aug.—I secured the house that night, and went to bed at the usual time—I saw that the plate and other articles were safe when I went to bed—I came down next morning about six o'clock—I then discovered that some person had been in the house, and missed a good deal of my master's property.
WILLIAM WELTON (police-sergeant, R 40). On Friday morning, 24th Aug., about six o'clock, I was on duty near Lewisham, and saw the prisoner with a bundle—I stopped him, and asked where he was going to—he said, "To Greenwich"—I asked where he came from—he said, "Greenwich"—I said, "What have you got in your bundle?"—he said, "That is my business"—I said, "I must look"—he said, "Oh, certainly you shall"—he put the bundle down and began to untie it, and as he was stooping I saw part of the plate sticking out of one of his pockets behind—I took him to the station, searched him, and found in bis pocket this plate (producing it)—in the bundle I found a time-piece, a black frock coat, two towels, and a variety of other things—in consequence of what I heard, I soon after went to Mr. Wire's house, and there found an upper window unfastened and open—there is a spout outside, which would enable a person to climb up to that window—he had then tied a stair-carpet to the banisters and let himself down a well-staircase; that would give him access to all the bottom part of the house—I could see on the water-spout the marks of the nails of shoes which were made in the person's climbing up, and the spout, which was a zinc one, was pushed out of its place—the house is in the parish of St. Paul, Deptford.
ELIZABETH WALTON re-examined. The plate, time-piece, coat, and other things produced are my master's—this shawl and handkerchief belong to the man servant—I saw these articles safe in the house the night before, when I went to bed—the upper window was closed when I went to bed.
Prisoner's Defence. I never was in the house, and never plundered it; the property was given to me to carry.
GUILTY . Aged 24.— Transported for Ten Years.
MARGARET ATKINS . I am single; I live at Footscray, in Kent. On Saturday night, 1st Sept., about a quarter to six o'clock, I was going home—I went into a beer-shop at Woolwich to see a young girl who lived there—I had a bundle with me, containing twelve yards of calico, six yards of print, and a shawl—I saw the prisoner in the beer-shop—he spoke to me three times,
and I made him no answer—I did not know him before—we afterwards drank together—I left at a quarter-past six o'clock—he asked how far I had to go—I told him seven miles—he asked if he might go with me, and see me safe as far as Eltham—I consented, and we went on together—he asked me to go and hear a song at a public-house—I went—he called for some gin—we were there about half an hour—we afterwards went to another public-house, and had some gin there—we went on again for about two miles, and went across some fields—there is a footpath there—he wanted to take me along by the hedge, and said that was the way—I told him I would not go, but he took bold of me and pulled me along—he threw me down, and pulled up my clothes—he did nothing to his own clothes, but he tried to; a carriage came along, I hallooed, and he took my bundle and ran away with it—the carriage stopped there—it afterwards went on again—I went on the road—the prisoner came back again and took away my shawl which I had on my arm—I would not let it go at first, but he held up his fist at my face twice—he did not hit me—he then took my bonnet and shawl, and ran across the fields—I got into the road, two girls came up; I looked for a policeman—I found one, and told him about it—I saw nothing more of the prisoner till the Monday following—he was then in the barrack-room in custody—I have not seen anything of the things since—he appeared to be sober.
Prisoner. Q. How much did you drink at first? A. About a glass of ale—I did not call for a pint—we had two quarterns of gin at the Red Lion. JOHN KELCHER (policeman, R 116). On Saturday night, 1st Sept., about a quarter past ten, I was on duty in the road between Eltham and Shooter's—hill, and saw the prosecutrix—she made a complaint to me, in consequence of which I went after the prisoner—I could not find him.
WILLIAM TWYMANS (policeman, R 127). On Saturday night, about a quarter to eleven o'clock, I saw the prosecutrix at the station at Eltham with out bonnet or shawl—she made some complaint—she was perfectly sober—I apprehended the prisoner on Monday morning at Woolwich barracks—he was in the guard-room, and was brought out in custody for being absent from the garrison—the prosecutrix was with me, and gave him in charge—he asked me what it was all about, he did not know—I asked if he knew the female—he said yes, he had seen her before, he was in her company an hour and a half on Saturday night—I told him the charge at the station, and he did not deny it.
JOHN NEWELL (policeman, R 340). On Sunday morning, 2d Sept., between one and two o'clock, I saw the prisoner in High-street with a shawl on his neck, a bonnet on his head, and a bundle, containing a piece of print and a piece of calico—I asked where he got those things from—he said he had been with a young woman, named Gipsey, during the night, and she had run away from him drunk, and they belonged to her, that he had been living with her for two years—I believed him, and did not take the property—he was sober.
Prisoner's Defence. I never saw the things, and had nothing to do with them; I never was down there for three months. NOT GUILTY .
Before Mr. Justice Williams.
1818. WILLIAM THOMPSON and FRANCIS JOHNSON , burglariously breaking and entering the dwelling-house of Samuel Lea, at St. Paul, Deptford, and stealing 2 coats and other articles, value 22s.; his property: to whichTHOMPSONpleaded GUILTY . Aged 28.— Confined One Year. Ma. J. W. PAYNE conducted the Prosecution.
SAMUEL LEA . 1 live at 17, Waterloo-place, Broadway, Deptford. On 27th Aug., between four and five o'clock in the morning, I was awoke by the police at the back of my house; I went down, opened the back door, and found two policemen there—the back-room window was open, and I missed two great coats, a jacket, and other things—I had gone to bed about eleven the night before, and I believe the window was then closed, and the articles all safe—I found the coats and other things at the bottom of the garden—these are them (produced).
WILLIAM LYNES (policeman, R 238). On 27th Aug., about half-past two o'clock in the morning, I was on duty in Waterloo-place, Deptford, and saw Johnson lying close by some palings a short distance from Mr. Lea's house—Thompson had then been taken into custody by Kimpton—I saw Johnson searched, and a box of lucifers found on him.
GEORGE KIMPTON (policeman, R 244). I was with Lynes, standing about thirty yards from Mr. Lea's house—I heard a sudden crack as if a window was thrown up with great force, and about a quarter of an hour after, the prisoners made their appearance where we were standing—I took Johnson, and asked what business he had there—he said he merely came there to lie down to sleep—he had no shoes on—I asked what he had done with them; he said he had pulled them off somewhere down in the back place, and he could not find them—I took him to the station, went back, and found some shoes about twenty yards from Mr. Lea's house—I found a paling knocked out of his fence, and found footmarks in the garden, but the ground was too dry to trace them.
GEORGE WILSON (police-sergeant, R 19). About half-past four o'clock that morning I went to the garden at the back of the prosecutor's house, and found there two great coats, a jacket, and a pair of boots, and further towards the house part of a loin of lamb, and part of a loaf—the prosecutor identified the things. JOHNSON— NOT GUILTY .
Before Mr. Common Serjeant.
FRANCIS PITMAN . I am a pensioner in the Arsenal at Woolwich. On 17th Aug. I went to the banking-house at Woolwich, and received 120l. in 10l. notes—I changed one of the notes, and put the gold into a bag with the other notes, and instead of putting the bag into my trowsers pocket, as I thought, I put it down by the side of the pocket—I missed my bag, and notes, and gold.
WILLIAM HENRY DAVIS . On 17th Aug., about eleven o'clock in the morning, I picked up a little yellow bag—I was going to take it to my father—the prisoner came to me and said, "Let me look at that bag"—I said, "No," and he shoved me down and took it away from me—I knew where he lived, in Pitt's-place—I pointed out to Pitman the place where I picked up the bag—it appeared to have several sovereigns and paper in it—I shook it.
LOUISA HARRIS . I was with Davis—I saw him pick up the bag—the prisoner came and asked him for it—he said, "No, I am going to take it to I my father"—the prisoner pushed Davis down and took the bag from him, and I then turned into his own house.
Prisoner's Defence. There was a man who swore I never touched the boy. GUILTY . Aged 50.— Judgment Respited ,
Before Edward Bullock, Esq.
CAROLINE GREENWAY . I am the daughter of James Greenway, a grocer, of Lewisham-lane. On 7th Sept., about eleven o'clock in the morning, I heard a noise, and saw a boy looking in at the window—I went into the shop, and saw the prisoner just shutting the till, which is behind the counter—I caught hold of him, and he gave me a fourpenny-piece directly—there was a I fourpenny-piece in the till half an hour before, I looked in the till afterwards and it was gone.
Prisoner's Defence. I came in to buy something, and dropped my money, which was a fourpenny-piece, over the counter; I went round to get it, and the woman came in directly.
GUILTY .** Aged 13.— Confined Six Months.
GEORGE FIELDING . I live in Nelson-street, Greenwich; I am a jeweller. On 4th Sept., about half-past seven o'clock in the evening, the prisoners came into my shop, and Bennett asked me to show him some wedding-rings—I showed him a card, cut one off, he tried it on his finger, handed it to Kilburn, and said, "See what you think ef it; "and Kilburn ran away with it on his finger—I ran after him, leaving Bennett in the shop—I lost sight of Kilburn without overtaking him, came back again, and found Bennett still standing outside the shop—I said, "I must look for a policeman, "and in about a minute Bennett ran away in the same direction as Kilburn had—Kilburn was brought back in about a quarter of an hour with the ring on his finger—this is it (produced)—it is mine.
GEORGE THORNTON . I am a baker, of Greenwich. I was standing at the corner of Nelson-street, about a quarter to eight o'clock—I heard a cry of" Stop thief! "and saw Kilburn running down Trafalgar-road—I ran after him, caught him, and told him I thought he had stolen something, and he must go back with me—he said he would go back, he had stolen a ring from a jeweller's shop—we went back to the shop, and he was given in charge—he showed me the ring on his finger.
GEORGE CARPENTER (policeman, R 38). I found Kilburn in Thornton's custody—at the station I told him the charge, and he said he had not stolen the ring, another man stole it, and gave it him—I asked him the man's name, he said" Bennett, "and told me his battalion—I went, and could not find him—the next day he came to inquire after Kilburn—I told him the charge—he said he knew nothing about it—Kilburn said they were both together, and he went to buy the ring—I said, "How could that be, when you had no money"—he said, "I had money last night"—I found no money on either.
Bennett's Defence. I had my hand in my pocket to pay for it, when Kilburn ran away with it—when Mr. Fielding came back, he did not say
anything about it—Kilburn did not bring it back, and I went about my business.
MR. FIELDING re-examined. I did not see any money—he did not put his hand into his pocket—he did ask the price before I cut it off the card, KILBURN— GUILTY . Aged 27.
BENNETT GUILTY. Aged 22. Confined Six Months.
ROBERT BAYNES . I am foreman to the labourers in Woolwich Dockyard, On 6th Sept., about half-past ten o'clock in the evening, I was passing Mr. Cooper's shop, and saw the prisoner come out at the door with a pair of boots in his hand—I heard a cry of "Stop thief!"—he ran away—I ran after him, and saw him stopped, when I was about twenty feet behind him—I got up to him, secured him, and with assistance took a pair of boots from him, which gave to the policeman.
ELIZABETH COOPER . My husband's name is James Cooper, he keeps boot and shoe-shop in Woolwich. On 5th Sept., I was sitting in the parlour adjoining the shop, saw a man in uniform come into the shop, lift down pair of Wellington boots, put them under his arm, and run away with them—I ran out, crying" Stop thief!"—I know these are the boots (produced)—we had not another pair like them.
Prisoner's Defence. I found them in the road.
GUILTY . Aged 26.— Confined Three Months.
JOHN ORRICK KENNARD . I am a draper, of the Broadway, Deptford; the prisoners were in my service. In consequence of something, on 25th Aug., I determined to have their boxes searched—I requested them to let me see the boxes—they went up and opened them, and in the box which Sturdy opened I found some white kid gloves, a pair of stays, and other articles.—(The articles being found, some in each prisoner's box, the COURT WAS of opinion that the indictments charging the prisoners separately had better be taken.)
NOT GUILTY .
JOHN ORRICK KENNARD . The prisoner was my cook. On Saturday, 25th I Aug., I required that her box should be searched—she consented, and went I with me up stairs, opened her box, and I found some white kid glore», » I petticoat, dress, and other articles—she said she had purchased them at various I places, and some had been given to her—a great many of them had my priwk I mark on them, and are mine—I told her my mark was on them, and there« I fore what she had told me was false, and she had stolen them—she then bunt I into tears, said that I had spoken the truth, and that she had taken theo I from my shop—I asked if there was anything more—she said, H No H I
required her to produce some silk handkerchiefs which I had lost—she said she had only taken two, and she had given them to a young man in the police who was paying his addresses to her—she said the young man had bought the gloves in a shop in Greenwich, for the intended wedding—I said, "Are you sure of that?"—she said, "Yes, I was with him"—I said, "They have my mark on them"—she said, "It is no use denying it, I took them out of the shop."
Cross-examined by MR. HUDDLESTON. Q. Did you say anything to her before you asked for the key of the box? A. I told her I had missed goods from the shop, and I was resolved to find out who it was, and asked if she would allow me to search her box—she said, "Yes, most willingly, "and went up stairs—after she had confessed, I said, "Now the easiest way out of trouble is confession; you are better in my hands than in the hands of the police"—this is the mark on the gloves—we do not erase that when we sell them—I had a two years' good character with the prisoner, and she was recommended by my late wife's sister—her sister is in the employment of a person named Buss—I know a policeman was paying his addresses to the prisoner—I included him in the indictment, but the Grand Jury threw out the Bill—I have made inquiry about the prisoner's character, and I believe she was led into this by the policeman—I think he deserves more punishment than she does—some of my goods, with my mark on them, were found on his premises. (The prisoner received an excellent character.) GUILTY . Aged 22.—Strongly recommended to mercy by the Jury and Prosecutor.— Confined Four Months.
JOHN ORRICK KENNARD . The prisoner was in my service—I desired to have her box searched—she consented, and opened it with her key—I found a boa, some cuffs, a petticoat, a piece of lining, and all these other articles (produced)—they are mine.
Cross-examined by MR. ROBINSON. Q. YOU examined Sturdy's box first? A. Yes, both boxes had been gone through when I made the observation that she was better in my hands than in those of the police—Sturdy made no remark before the gloves were found—it was five minutes after they were found, that I made that observation.
COURT. Q. Did you use that observation before Burroughs said anything? A. No, I had suspected Sturdy, and when Burroughs's box was turned out, I said, "You appear to be the thief"—she then said, "It is no use to deny it; it is so"—I had not then made that observation—these things are all mine. (The prisoner received a good character.)
GUILTY . Aged 21.—Strongly recommended to mercy by the Jury and Prosecutor, Confined Four Month.
1827. ALFRED DAVIS , stealing 16 yards of silk, value 10s.; the goods of John Orrick Kennard, his master: also, 5 yards of silk, 1 pair of braces, 12 handkerchiefs, and 3 brace-ends, value 5l. 2s. 6d.; the goods of John Orrick Kennard, his master: to both of which he pleaded GUILTY .
ALFRED DAVIS pleaded GUILTY . Aged 14.— Confined Three Month , JOHN ORRICK KRNNARD. Alfred Davis used to come to my shop for about an hour or two, morning and evening, to carry out parcels, open the shutters, and clean the windows—he has been occasionally left in charge of the shop—David Davis is his brother—about the end of July, or beginnig of Aug., I missed some silk neck-handkerchiefs, these are them (produced)—there is my shop-mark on them—they are new, and not hemmed—this one can particularly swear to—I bought it on 7th Aug.
JOHN CARPENTER (policeman, R 38). On 30th Aug., in consequence oil information, I went to a house in Waterloo-place, and found David Davis—I went with him to Florence-row, and found Alfred Davis—I then asked David where he got the handkerchiefs he had pledged—he said he had none, and had never pledged any—at the station I told Alfred he was charged with stealing some handkerchiefs from Mr. Kennard—he said he had only taken six black silk handkerchiefs, and those he had given to his brother—David, who was present, said nothing.
David Davis's Defence. A young man asked me to pawn them in my mother's name, and gave me fourpence; I told Mr. Nash, and he put then in my name; the man came to me another day, asked me to pledge another, and I did so.
DAVID DAVIS— GUILTY . Aged 17.— Confined Three Month.
Before Edward Bullock, Esq,
EDMUND JOHN ONYON . I have a factory in Waterloo-road, Walworth—the prisoner's brother was in my service, and the prisoner was occasionally—I lost a great many things, worth altogether about 20l.; amongst them an iros still, a copper still, parts of furnaces, and loose iron—I saw one of the iron pots again that had a hole in it, at Mr. Hyman's, at Wal worth-common, and the iron still-head, and some iron—none of them are here now—I know I had those articles safe on my own premises on the day before—I had no servant. and I went there every day with a key—I trusted the prisoner's brother with my key to take them.
Prisoner. Q. Did I go with my brother? A. You went from my place to take them—I cannot tell whether you did go there—you had to remove great many things—the van you had, belonged to a woman named Close—no one went with it but you and your brother, that I am aware of—I said if your brother wanted help there was a young man he might have, but I did not know that he did.
11th May, 1848, but I cannot swear that the prisoner is one—it is eighteen months ago. NOT GUILTY .
HENRY JOHN WEBB . I keep a beer-house at Bexley-heath. On the night of 20th Aug. I was in Tooley-street, in the Borough, about nine o'clock—the prisoner met me and asked me to stand some gin—I went with her to a public-house and had some—we were not there more than three or four minutes—the prisoner then said she had had nothing to eat all day—I took her to an Alton ale-house in the Borough, where she had a meat pie—I had then a half-sovereign, a half-crown, and some silver and halfpence in my right hand trowsers pocket—I went home with the prisoner, and 1 found her feeling in my trowsers pocket—I said to her, "You are robbing me"—she said, "No, I am not"—my trowsers were on—I then felt in my pocket, and my money was gone, all but one shilling and two penny pieces—I accused her of robbing me—she said she had not—I knocked for'the woman of the house to come up, and I told her—she said if I would mind the prisoner she would get a policeman—the policeman came, and I gave her in charge—I had before paid the woman 6d. for the room—I took my money out, that I might not give her the half-sovereign, I gave her a shilling, she gave me sixpence back—I know I had my other money safe then.
Prisoner. Q. Did not you speak to me first? A. No—I had a parcel under my arm—we did not go to several public-houses, only those two—you did not pay for anything we had—when we got in the room, the woman asked me for sixpence for the room—I gave her a shilling, and she was giving me sixpence out, and you took it out of my hand.
WILLIAM GRAHAM (police-sergeant, M 43). I was taken to that house by landlady—it is a brothel—I took the prisoner into custody—the prosecutor charged her in my presence with robbing him—she said she had no money but the sixpence that he gave her, showing me one in her hand—I took her to the station and told her she would be searched; if she had any money she had better give it me—she said she had some money, but it was her own—there was a half-sovereign, a half-crown, three shillings, a sixpence, and two halfpence in her pocket.
Prisoner. Q. In what position was I in the room? A. You were sitting in a chair—the prosecutor charged you with robbing him of 17s. or 18s.—I did not say of four half-crowns—you laid your pocket down, and I took the money out and took it to the inspector.
ROBERT BRAMFORD (police-sergeant, M 12). I was at the station when the prisoner was brought there by Graham—I saw him take this money out of her pocket, and he went into the adjoining room—the prisoner was then taking off her dress—she had her two fingers closed—I took hold of her hand and found in it two shillings—she said they were her own.
Prisoner. Q. Did I put down a sixpence when I took the pocket off? A. Yes, shortly afterwards—you did not say you had two shillings in your boot
Prisoner's Defence, I was coming up Tooley-street, and this man followed me and spoke to me in the street—I did unfortunately agree with him, and paid for as much drink as he did—I did not rob him—I am a married woman—I gave up all, because I would not be exposed.
Margaret Coleman—(read Convicted Oct., 1848, and confined nine month the prisoner is the person.
GUILTY . Aged 47.— Transported for Seven Years.
THOMAS NEWMAN . I live at Wandsworth, and am a labourer, in the employ of Mr. George Rough. I left my work at six o'clock at night, about six or seven weeks ago—I left my pickaxe in the turf-hut, and when I came in the morning it was gone—this is it (produced)—it belongs to Mr. Rough—there is a piece broken out of the handle of it.
JOSEPH EDWIN CRESSWELL . I am in the service of Mr. Folkard, a pawn-broker, in Wandsworth-road—I received this pickaxe in pledge from the prisoner on 13th Aug.—I knew him before—I bad taken in several articles of him.
Prisoner. I never had it in my possession.
ALFRED SPICE (policemant V 47). I produce a certificate of the prisoner's former conviction at Newington, by the name of George Rose—(read Convicted March, 1848, and confined six months)—the prisoner is the man—he has been in custody once or twice besides that.
GUILTY . Aged 43.— Confined Twelve Months. (There were two other indictments against the prisoner.)
Before Mr. Common Serjeant.
GUILTY . Aged 22.— Confined One Year.
Before Mr. Recorder.
MR. DAWSON conducted the Prosecution. ROBERT BUSH. I am ostler at the Rose and Thistle, at Camberwell. On the night of 17th Aug. I let the customers out of the house about twelve o'clock—I came out myself at half-past twelve—I saw Peacock there and the prisoner, and several persons round—Peacock said to me, "Here is Mr. Carrington"—I said I did not care about Mr. Carrington, he must leave there where he was—Carrington stood up and said, "Oh, is that Mr. Bob?"—went in front of him and said, "Yes it is; what do you want with him?"—he challenged me, and said, "If you will come to Ball's field I will fight yoo"—I agreed to fight him, and in going to Ball's field he came to his own garden-gate—he went in there and said, with an oath, "If you come in here I will give you sugar"—I was going towards his garden-gate to ask if he meant to fight—I had my coat off at that time—when I got to the railings he gave me a round-handed blow over the rails—I put my hand up, and the blow came on my right arm—he made a second blow, which came on the back of my right hand—the blows were not with his fist, nor did I see any knife—he then went and sat down on a barrow—my arm bled—Peacock said to me, "Look at the blood, how it is running down your arm!"—I said, "I know it is; I will give him in charge; you get a policeman"—I ran inside his garden-gate, took the prisoner by the collar, and held him till the police.
man came, and he was given into custody—the policeman said to him, "Carrington, you have got a knife"—he denied it—the policeman said, "I am sure you have"—he got up from the harrow, and the policeman walked round—the prisoner sat down again on the barrow—the policeman was feeling all round for the knife, and the prisoner did the same—the policeman found a knife in the barrow.
Prisoner. Q. Where was I standing when you came out of the Rose and Thistle? A. You were sitting—I deny striking you at all.
CHARLES THOMAS PEACOCK . I reside at Denmark-place, Camberwell. On 17th Aug. I was at the Rose and Thistle—I came out about ten minutes past twelve o'clock—I saw the prisoner sitting on his basket—he accosted me about a trifling debt of 3s.—I afterwards heard him give a challenge to the prosecutor to go to Mr. Ball's field to fight—the prosecutor accepted the challenge on the spot, and took his coat off—they went off together, and I walked behind them—I saw a repetition of blows across the railings—I did not see any instrument—the prisoner struck the first blow, using the words, "I will give you sugar"—I saw the prosecutor's arm was saturated with blood, and his hand was cut also—I went for the policeman, and saw him find the knife.
Prisoner. Q, Did you see Bush when he first came out of the house? A. No, I saw you first; you were sitting down—I think there was a police-man not many paces off—I did not see Bush enter your garden, and throw you across the barrow because you would not fight—I did not see you enter the house at all.
COURT. Q. Was the attempt by Bush to seize the prisoner on the barrow before or after the prisoner had struck him? A. After.
Prisoner. Q. Did you see Bush squaring over the rails at me? A. I saw him warding the blows off—I heard you say to him, "Come to Ball's field, and I will fight you."
JOHN HARRISON (policeman, P 78). On the night of 17th Aug. I went to where the prisoner lives, which is twenty or twenty-five yards from the Rose and Thistle—I found this knife in a barrow, in which there were some flower-pots and some matting—as I was searching the barrow, the prisoner put his hand in, and I told him to keep away, if there was a knife, I could find it myself—I found the knife under the corner where the prisoner was sitting—I told him that was the knife he must have done it with—he said no it was not, that had been there ever since the morning—I had before that asked him where the knife was that he had done it with, and he said he had no knife—I said he must have one, and he put his hand into his pocket and pulled out a small penknife.
Prisoner. You say you found this knife in the bottom of the barrow, I deny that; there is no bottom to the barrow. Witness. There were boards, and it laid on the boards at the bottom of the barrow—there were three persons outside the rails when I came up—you made no resistance.
JOHN SWAN FLOWER . I am a surgeon, at Camberwell. I saw the prosecutor that evening—he had an extensive wound on his right arm, about four inches long, penetrating through the muscles to the bone, and there was a wound of a more superficial character on the back of his right hand—the depth of the wound on the arm was about a quarter of an inch—it extended under the arm where the muscle is—if it had been a little higher, it would have divided the brachial artery, which would have been very serious—probably death would have followed before assistance could have been rendered—the hemorrhage would have been so great—I should say the knife
had gone in with great force—a knife like this is quite calculated to make such a wound—the wound is not healed now—it went outside the arm—if it had been inside, it would probably have been fatal—it appeared to me to have been done in the way of a chop down—when it hit the bone it slid down into the muscles—the bone was simply cut upon.
Prisoner's Defence. I never had an angry word with the man; I have no ill-will towards him: I never struck him with my hand or a knife; I had no knife in my possession, but the little knife with a broken blade; I never knew there was a knife in the barrow—I was perfectly sober, and knew what I was doing—I was returning home, and sat down in front of the Rose and Thistle; Peacock came out, and I spoke to him; he then spoke to Bush, and said to him, "Do you hear how this fellow is going on;" he said, "He is talking as his belly guides him;" I said, "Is that Bob?" he said, "Yes, it is, why don't you come into this house? "I said, "That is my business;" he said if I came up the steps he would kick me down; I said, that was more than him master could do; he struck me with his left hand; I called the policeman, and told him to take him in charge; he said he did not see the blow struck, and I must take a summons: Bush then struck me with his right hand; I said, "It is no use to go on so, come to Ball's field, and I will settle it;" I said that, meaning to get away; I went on to my own house, and went into the garden: he came up and said, "Are you not coming out?" I said, "No, I know myself better; I don't get my living by fighting: the first that strikes me in my own place, I will give him sugar;" he struck at me over the fence, and finding he could not strike me, he rushed in and collared me on my own barrow, and pushed his fist in my face five or six times: I said, "Now, Bush, don't be penny wise and twopence foolish; what do you want with me?" he was then going to put on his coat, and his sleeve was all blood; he said to Peacock, "Go and get a policeman;" the policeman came, and I was sitting on my barrow; he said to me, "Have you got a knife?" I said, "No, I have not had one for seven or eight hours;" he said, "This has been done by some sharp instrument;" I have none but what I use; there was a harrow there, with some flowers in bloom in it; the policeman came and found the knife there; as to striking the man, or having any animosity against him, I declare to God I never had; it is a spite from the landlord of the house, because I lodged an information against it, because the parties who came fron there late at night have destroyed my property; he told me it should be the worst day's work I ever did in my life, and it has come to this; I have tried to do all I could for Bush; when he was lying about, I offered to lend him a suit of clothes to go to get a situation: I gave him three pairs of shoes, and have given him pints of beer—I had never any intention to strike him orany man with a knife—I have been in Camberwell eight or nine years, and had a good character—I have a witness here.
RICHARD BIRD . On the night of 17th Aug. I came out of the Rose and Thistle about ten minutes past twelve o'clock—I saw the prisoner sitting by the sign-post; he asked me if Mr. Bishop was in the house—I said, "Yes"—he said, "I am waiting to see him"—Peacock came up, and the prisoner said to him, "You owe me three shillings"—Peacock laughed at him, and said he must
be mad; he said, "I owe you nothing"—the prisoner said, "If you don't pay me, I will put you in Denmark Court"—at that time Bush came out; Peacock touched him on the shoulder, and said, "Do you hear that, Bob; that fellow says I owe him three shillings; I owe him nothing"—the prisoner said, "You do, and if you don't pay me I will putyou in the Court along with a great many more"—Bush was laughing at Peacock, and said he must be mad—the prisoner said, "What have you to say to it, Mr. Bob?"—Bush said, "What have I got to say? you are a b—y rogue, and a rascal; you are in every one's debt"—the prisoner said, "Go on, you are a poor man, I want nothing to say to you; go on, you poor man"—the policeman then came, and he wanted the prisoner to go home—he said he should not go, he had a right to stop there; he should do no harm—no more he was; he was sitting there smoking his pipe—Bush said, "I should like to knock your head off"—he sparred up to him, but did not hit him then—the policeman then went on his beat; everything was quiet—Bush then sparred up to the prisoner as he was sitting down, and hit him in the face—the prisoner called for thep oliceman, but he was out of hearing—when the policeman came back, he advised the prisoner to go home—he said no he would not; the man had struck him—the policeman would not interfere; he went on, and everything was quiet—the prisoner then said to Bush," I will fight you if you go in a field"—they agreed to go in a field—as they were going to the field, the prisoner came to his own house; he went into his yard, put his basket down, and said, "Come on, I will fight you now; "and they had from three to four rounds over the fence—it was an iron fence, which I had done myself—the barrow was three feet from where the prisoner stood—the prisoner sat down, and said he would not fight any more—Bush said, "You b—r, I will fight you now; I will make you fight"—Bush tried to get over the fence; he could not, and he went through the gate, and said to the prisoner, "I will knock your b—y head off your shoulders if you do not get up"—he said, "Come out, come out; I will make you fight, you b—r; you shall fight"—I then saw the blood running from Bush's arm, and I called out, "There is something amiss"—he said, "No there is not"—he then saw that there was, and the policeman was called—they looked to see if they could find anything that could have done such a thing, and found—the knife in a barrow under some things that were for sale—I looked at it; there was no blood on it—I looked on the iron rails; there was blood on them—they are sharp iron rails which go np to a point.
Prisoner, If he got any wound on my premises, it could not have been done by the fence; it was from the edging iron when he threw me across the barrow; I never struck the man, nor had a weapon in my hand; there was an edging iron, and some other tools there.
JOHN HARRISON re-examined. That edging iron stood between the wheel of the barrow and the corner; that could not have cut him, it could not have caused such a wound—it is more like an iron that they cut cheese with—it is sharp; it was planted on the ground, the sharp part was downwards—if a man threw himself on another on the barrow, his arm would not have extended to that instrument—when I found the knife, it was shut, and there was no stain on it that I could see—I turned my light on as well as I could, and saw blood on the rails and in the road where the prosecutor walked—there was no blood on the barrow, or in the yard at all—the prisoner had before applied to me to take the prosecutor into custody; he complained that he had struck him—I told him I could not do it, as I saw no marks of violence—I had not passed him to go away, more than a minute—I only heard him call once—I went back immediately.
JOHN SWAN FLOWER re-examined. Q. Would a roan falling on such an iron as has been described, if it had stood up, have caused this wound? A. I should think not; it would not have cut in this shape—the centre of that iron is the sharpest part—such an iron would have made a cut wider than the blade of a knife, and wider than the cut I saw. NOT GUILTY .
(The prisoner received a good character.)
WILLIAM EADIE . I live in George-street, Blackfriars-road, and am as engineer. About three o'clock on Saturday morning, 1st Sept., I went into the Albert coffee-house, in Blackfriars-road, and had a cup of coffee and went to sleep—I was awoke by Durant—I put my hand in my pocket, and missed 7s. which I had safe when I entered the coffee-shop—I did not see the prisoner before I went to sleep.
FRANCIS IRELAND (policeman, L 119). I received information, about fire o'clock that morning, that the prosecutor had been robbed, and two persons told me that they knew the person—I went to the Hand and Flower, and they pointed out the prisoner—I took him into custody; I told him the charge; he said he knew nothing about it—in going along he said, "I suppose this time you will make a do of it."
GEORGE DURANT . I am a hawker, and live in Princes-street, Lambeth. I was at the Albert coffee-shop that morning, between four and five o'clock—I saw Eadie asleep in a box, his legs were lying across another box—his head was lying down, and his waistcoat-pocket was lying open, and the money in it projected out—the prisoner went and looked at it, and said, "This bloak has got some money"—one of the other men who was there, said, "We will have it"—they took some and went away, and a young woman went afterwards—the prisoner then went and took 3s. 6d. out of the prosecutor's pocket, and gave it to another young man—I awoke the prosecutor; he said he had lost 7s., but I only saw 3s. 6d. taken by the prisoner, which he gave to the other man—I went after the prisoner, and he was taken in the Hand and Flower.
Prisoner. Q. Where were you? A. I was in a box, right opposite you; after you had been there a long while, there were four persons came in, and you happened to know them, and was looking in their hats—the prosecutor was on one side, and I on the other.
Prisoner. When I went into the coffee-shop, the four persons were in there; I sat down where the prosecutor was, and had a cup of coffee; I heard those four kicking up a row after a bit, and I could hear them say they had robbed this man; they went away, and I stopped; I then told the people that I should go, for I should be accused; I then went to the Hand and Flower, and the man that he says 1 gave the money to, was there at the bar. Witness. The other man was there, but he got away while the prisoner was taken—the other man said, "I will be off; you had better stop"—the prisoner said, "No, I will be off," and he went off too.
WILLIAM WHITE (policeman, F 88). I produce a certificate of the prisoner's former conviction at Clerkenwell—(read Convicted July, 1846, and confined six months)—he was in custody three sessions ago, but the bill was thrown out. GUILTY .* Aged 24.— Transported for Seven Fears.
ELIZABETH WINDSOR WINCHESTER . I live with my father, Lewis Winchester, in Clarendon-place, Vassal-road, Brixton; it is in Lambeth parish. Last Friday night, before I went to bed, I fastened the house—the front door was closed and bolted with two bolts—the staircase-window was shut down, but I am not sure that it was fastened—there was a brown great coat and a hat of my father's in the passage—my father is a tall man, about five feet nine or ten inches—in consequence of an alarm, I came down at four o'clock in the
morning—I found the street-door, the parlour-door, and the staircase-window, all wide open—they had all been closed on the previous night—I went up-stairs to an upper window, and called the police—I heard some footsteps going in the direction of Cowley-road, which is sixteen houses above our bouse—as far as I could judge, the footsteps were about six houses from our house—I missed the coat and hat about six o'clock—this is my father's coat—he wears his coats rather long, below the knees.
Cross-examined by MR. PAYNE. Q. HOW do you know this coat? A, By the figured lining inside; I know the colour of it—I have seen my father wear it—I have brushed it when it has been on him—it buttons on both sides—I was the last up in the house that night—my father, and mother, and sister live in the house, and there was an elderly lady passing the night there—my sister and I went up-stairs together that night, and the staircase-window was shut down—I did not put my hand under the blind to feel the catch, but the blind does not come to the bottom, and I saw that the window was shut down. WILLIAM JEGOS (policeman, P 294). On Friday morning, 14th Sept., I was on duty in Cowley-road—about a quarter before four o'clock my attention was attracted to some footsteps—I looked in the direction of the footsteps, and saw a person behind me crossing the road by a lamp—he was about 200 yards off, coming after me from the Vassall-road towards Brixton-hill—I went to the spot, and saw him go into a front garden, and there is a dark passage between two houses—I could not see any one when I first went up—I went in at the gate, and heard some one rustle—when I got to the end of the passage, the prisoner rushed out and jumped over a fence in front of a gentleman's house—he ran up the road towards Brixton-hill—I ran after him and caught him—as he was running, he pulled off a great coat, about fifteen yards from where I first saw him in the garden, and left the coat in the Cowley-road—I took him in the Brixton-road—I asked why he ran away—he said he had just asked the policeman the way to the Elephant and Castle—I said, "Where were you when I passed?"—he said, "I hid myself; it was not d—d likely I would come out to let you see me"—another officer came up, and I told him to go to the Cowley-road, where he would find a coat—the prisoner said he meant to have a d—d fine harvest that night, only he was taken in—my brother officer returned, and said he could not find the coat—I took the prisoner back to the dark passage, and told my brother officer to strike a light—we found this crow-bar in that passage, where the prisoner had been—the prisoner said, when it was found, that he knew'nothing about it—he said he had met two young Jews, and they lent him this coat to put on, and they said, "You had better hide yourself in this passage, the policeman is coming, and he will take us up for being out late in the morning"—I noticed the coat he bad had on was too long for him; it was down to his heels.
GEORGE JAMES (policeman, P 298). On Friday morning, 14th Sept, I was on duty in the Brixton-road—in consequence of directions from Jeggs, I went to look for a coat—I afterwards found it in the garden of the first house in Cowley-road, where a person might have thrown it—I went with Jeggs and the prisoner to the dark passage—I saw this crow-bar found—the prisoner said that the P's at Walworth would give him a b—y good character, and he meant to have a good harvest that night, but he was much mistaken—I went with the prisoner to the police-court, and he said to me," You seem to flash that jemmy; I should like to stick it into your b—y head;" and he said he thought it was the last time he should see that road; he should bid farewell to it—Jeggs did not point out exactly the spot where the coat was—it was found about fifteen yards from that spot.
Cross-examined. Q. How long was it after he told you of it that you found the coat? A. About three-quarters of an hour—it was in a garden about two yards from the road.
(The great-coat was put on the prisoner, and it reached down to his shoes.) GUILTY .** Aged 21.— Transported for Ten Years.
Before Mr. Justice Williams.
1837. MARY ANN STAPLES , burglariously breaking and entering the dwelling-house of Louisa Winson, at Battersea, and stealing 1 shawl and 1 handkerchief, value 2s. Sd.; I half-crown, 4 shillings, and 1 sixpence; her property: having been before convicted.
MR. CAARTEEN conducted the Prosecution.
LOUISA WINSON . I am a widow, of 4, Industry-row, in the parish of Battersea. Last Sunday week I got up about five o'clock in the morning, and went out—my four children, and Mary Bowden, a lodger, were in the house—I fastened the outer door after me—it fastened with a spring lock—I opened the window, and hung the key up inside—I left the outer shutters unfastened—the window was shut—I went to call for a person I was going to Paddington station with; and as I passed my house, about five o'clock, I met the prisoner going towards it—it was daylight—I returned about nine o'clock, and missed half-a-crown and a sixpence from a box—I had seen it safe there at four o'clock that morning, when I took one shilling out—I also missed handkerchief and shawl, which were safe when I left—these are them (produced)—I knew the prisoner from a child—she had been to the house many times.
MARY BOWDEN . I lodge with Mrs. Winson. I came down about half-past six, and found the street door half open, and also the window shutter—the window was not open—the key of the street door lay on the table, which is in the centre of the room.
SUSAN WINSON . I am the daughter of Louisa Winson. Last Monday week, about a quarter to five o'clock in the afternoon, I saw the prisoner in High-street, Battersea, with this shawl on (produced)—it is my mother's—I wear it.
JOHN WALLIS (policeman, V 293). On Monday, 10th Sept., I received information, and went to the prisoner's father's house, in Ebenezer-yard, Battersea—I found her there, and told her what I wanted with her—she said she would come with me—I saw this shawl in a chair—she said it belonged to Mrs. Winson—next morning I went to the house, and found this handkerchief by the same chair.
GEORGE MARGUARD (policeman, V 21.) I produce a certificate—(read—Mary Ann Staples convicted Oct. 1848, of stealing articles from the same prosecutrix confined three months)—I was present—she is the person. GUILTY . Aged 21.— Transported for Seven Years.
1838. MARY LANGLEY , stealing 6 silver tea-spoons, 6 dessert-spoons, 2 gold breast-pins, and other articles; the goods of Robert Wetherden, in his dwelling-house; and afterwards burglariously breaking out of the said dwelling-house. MR. COCKLE conducted the Prosecution.
MARY WETHERDEN . I am the wife of Robert Wetherden, of 16, Palace New-road, Lambeth. On 25th June, 1848, the prisoner came to me on a month's trial—the first night she came she slept in the attic with my children—next
morning she said the children disturbed her, and she wished to sleep in the kitchen—I had a bed made up for her there, upon a sofa—I went to bed about twelve o'clock that night—the prisoner was then in the kitchen—she looked out to see if we were gone up stairs, and then shut her door—about half-past five or six in the morning I heard her call out to my son, who slept in the attic, "Edwin, give me my gown," and her voice seemed very tremuloos—my husband went down after six, and came back and told me something—I then went down and found the bureau had been opened—I missed six dessert-spoons, two gravy-spoons, six teaspoons, a musical snuff-box, two gold breast-pins, and other articles, and some plated forks, from a plate-basket—I had seen those things safe the evening before—the table-spoons and teaspoons bad been in use—I found that the prisoner was gone and had taken all her thing' with her—I did not see her again till she was in custody—she had not expressed any dissatisfaction with her situation.
Cross-examined by MR. BALLANTINE. Q. How old is your son Edwin? A. Twelve—he is not here.
ROBERT WETHERDEN . I came down stairs about half-past six, and found the prisoner was gone—I missed some woollen cloth from the back kitchen, and the plate from the basket in the front kitchen—I had left the street-door fastened over night—it has one of Chubb's locks—I found it closed, as usual, in the morning—it fastens by the catch—anybody from the inside could get out, but it could not be opened from without—I heard the prisoner about the house as late as half-past five in the morning, but not after that.
Cross-examined. Q. How do you suppose she got out? A. By the front door—there is no other door by which she could go out—the mere closing the door fastens it.
MARIA THERESA CROWLEY . I am the wife of Peter Laurence Crowley, a sculptor—I lodged with Mr. Wetherden. Between nine and ten o'clock on the Monday evening, while Mrs. Wetherden was out, I called the prisoner, and on her not answering I went down stairs, and saw her at a linen press which stands in the kitcheo—she had the doors of it open.
Cross-examined. Q. Had Mr. Wetherden any other lodgers at that time? A, Tes, a lady and gentleman in the drawing-room, and, I think, four young gentlemen—there was no other servant. MRS. WETHERDEN (re-examined.) The lady and gentleman are with us now—the four young gentlemen have left—they continued with us some time after the prisoner went away—she took one of their carpet bags—she had no business to go to the press.
ANN GRAY . I am the wife of John Gray—I know the prisoner, and recommended her to Mrs. Wetherden on my leaving her. On 15th Aug. last I met her in the Borough—when she saw me, she turned her head to the other side of the road—I said, "Mary, you have robbed my mistress; I must give you in charge"—she said, "I don't know you ma'am, you make a mistake"—she went into a shop—I followed her, and said, "Mary, I will not leave you till I give you in charge to a policeman"—she declared she did not know me—when she came out I said, "Mary, what was your reason for leaving your mistress in the morning so soon?"—she said the place did not suit her.
GUILTY . Aged 32.— Confined One Year.
Before Edward Bullock, Esq.
GUILTY . Aged 23.— Confined Four Months. (There was another indictment against the prisoner.)
GEORGE EDWARD EVANS . I am landlord of the Waterman's Arms, Dock Head. On 3d Sept., Mr. Satcher and Murphy came into my home together, about a quarter to six o'clock—I should say Satcher was drunk; he called for a pint of beer, and Murphy drank it—Satcher threw down 3s. 4d. or 2s. 5d., and told me to take 2d., which I did—he then threw down 3l. 10s. in gold, loose—he then pulled out a small piece of leather, tied round with string, which he said contained fifty sovereigns—I told him I thought he was very foolish, and said I would give him a receipt or note of hand for the money if he left it with me, and I would take care of it—(Murphy was close by, and had an opportunity of seeing him, and heard what I said)—he said he knew how to take care of it himself, and put it in his pocket—the bag fell down on the bar; I should say there was money in it, by the sound—a man named Cronin was there at the time—Satcher then left—Murphy was sober.
Cross-examined by MR. CHARNOCK. Q. Who else was present? A. Only my wife; I only know what the bag contained, from what he said.
THOMAS SATCHER . I conduct the business of Mr. Box, of Charing-cross, and have done so twelve years; I reside at 70, Union-street, Lambeth-walk On 3d Sept., I was at business till ten o'clock in the morning, and afterwards left my house with fifty sovereigns rolled up in a piece of wash-leather, and tied round with string; I had other money with me as well—my wife was in Somersetshire—I went with my son-in-law to the Commercial Dock for a load of deal—as far as my knowledge goes, I parted with him about four—I cannot take my oath as to that—I have no recollection of seeing Murphy at the Waterman's Arms, or of being there that day—I had new seen Murphy before that day—I recollect calling a cab at London-bridge—from the time I left my son-in-law, till then, I do not know what happen—I do not recollect being on a dray-cart with Murphy—Myers drove the cab, I got into it; I had never seen him before—when I got into the cas Murphy jumped on to it—I asked him what he wanted, and he said he was a friend of the cabman, and was going a little way—he did not get into the cab, to my knowledge—the first thing I knew about his being in the cab was when my trowsers were torn down at the left-hand side—I am quite positive I recollect that—we were then both in the cab—I saw Murphy's hand passed from my pocket, and asked him for my money he had takes away—I felt in my pocket, and it was gone—he rushed out of the cob—I do not recollect what passed before he jumped out; it appears that I ran after him, and returned into the cab, but I have no knowledge of it—I do not know how I got back—I asked him to return me my money without any bother or fuss, and told him I should call a policeman—he pretended not to know what I meant, and I called "Police!"—he turned round, took me by the collar, twisted me, held me with the left hand in the corner of the cob, and put the money through a door in the roof of the cab, which was a "Hanson," with his right hand, and I saw the cabman receive it throng the roof—we both got out of the cab together while it was going on, and
when I called "Police!" the cabman drove away as fast as he could—Murphy got away—I found him again in Joiner-street, and gave him into custody to Farrant—we went to the station, and I there made the charge—I do not remember anything happening while at the station.
Cross-examined. Q. Do you often carry 50l. about in this manner? A. I never did it before—a very little drink gets over me—I was sober when I gave my evidence the next day—I had taken nothing then that day—I cannot say what time I got into the cab—when I was examined I said a quarter-past four o'clock, and I have named half-past seven—I swore to the best of my knowledge—I have not represented how many hours I was in the cab—I have never mentioned the time I got into the cab, except before the Magistrate—this is my signature to these depositions—(read)—"I live at 70, Union-street, Lambeth-walk; I am a tailor. Yesterday afternoon, half-past four o'clock, I wes at London-bridge. I called a cab, which Myers drove, and directed him to drive me home; I had been drinking. The other prisoner got into the cab without my sanction. He said he was going with the cabman. The cab was driven about for four hours and a half. I suppose I was asleep; I fell into a sort of stupor. I was awoke by feeling something at my pocket, and found the left-hand trowsers pocket torn down, and I saw Murphy had a piece of wash-leather in his hand, in which I bad fifty sovereigns tied up when I got into the cab. Murphy gave it to the other prisoner, who was driving. It was a "Hanson" cab, and Murphy passed it up through the door in the roof. I told Myers to return it to me, and I said 1 would call the police. He pretended not to know what I meant. I called out for the police, and Murphy immediately laid hold of me to prevent my calling out, and then jumped out of the cab. Myers immediately drove the cab on, whipping his horse, but I jumped out and followed Murphy, who went up Joiner-street, and stood against a wall, looking round, and said he did not know me, and asked me what I wanted. I gave him in charge. The cab was driven off, as fast as it could be, but a person followed it, and Myers was brought back. The money was tied up in a piece of wash-leather, and I am sure it was in my left-hand trowsers pocket when I got into the cab. I must have fallen into the stupor the moment I got into the cab. The last house I had been in, was halfway between Deptford and London Bridge, and I had walked from there to where I took the cab. I was quite sensible when I got into the cab. I recollect calling the cab, and, to the best of my knowledge, about five o'clock. It was not dark. I have no recollection of going to a public-house, or getting out of the cab. The first thing I recollect is when I got out after Murphy. I do not remember going down a court, and the cabman coming after me. I do not remember being knocked down by Murphy after the constable took him. As far as I can recollect, Murphy was standing on the road near the cab, and got in as a friend of the cabman's. I had not been with him before. I had not seen him till I called the cab." (A subsequent deposition of the witness teas also read, as follows: " I have since found that it must have been about half-past seven instead of half-past four that I got into the cab. Neither of the prisoners were known to me before this. I had been drinking brandy-and-water with my son-in-law; we had five or six glasses. I was not sober. I told Myers where to drive. I had been saving up my money, and my wife being out of town, I did not like to leave it at home. I had not pulled it out of my pocket. I have no knowledge of taking the prisoners into a public-house. I found a hole through the rim of my hat, and a bruise on my chest")—(A further deposition was also read: " I remember feeling my money in
my pocket when I got into the cab. I went out at ten o'clock that morning with my son-in-law, and went to the Commercial Docks. We had a pint of beer going, and went to the same house returning, the Gregorian Arms and we had five or six glasses there. It was about two o'clock when I went there. I don't remember going anywhere after that, nor what time it was when I left there, nor seeing Murphy till I called the cab. I could walk well enough when I left the Gregorian Arms. I have no recollection of anything that happened after I got into the cabt till I found my trowsers being meddled with, and that roused me. I had the brace buttoned upon the button of my left-hand trowsers pocket, which made it difficult to unbutton that pocket; it was necessary to undo the brace first.")—I cannot tell which is true, whether I got into the cab at five or at half-past seven—I cannot say how long I was in the cab—I did not state before the Magistrate that I was four hours and a half in the cab—I was sworn, and what I said was taken down—it was read over to me before I signed it—I was asked whether it was true or false, or whether I had anything to add or correct, and after I had kissed the book I signed it—I cannot say how long I was in the cab—I have no knowledge of pulling the bag and 3l. 10s. out of my pocket—I did not know I pulled it out at Mr. Evans's, and put it on the counter—the first I recollect of being in Murphy's company was in the cab—I was present when the witnesses were examined, and heard I was in his company from two to four o'clock—I have sworn, to the best of my knowledge—I do not recollect that Murphy knocked me down—I do not know that the cabman himself drove to the station-house—I was not there—I have heard that he drove a party there—I have no recollection when Murphy and me got out of the cabt or of Myers coming after us, and charging us as being two persons who wanted to evade paying.
MR. PARRY. Q. Did you, when you were examined, believe what you stated was true? A. Yes—I heard afterwards that I was in such a state of drunkenness that I did not know.
JEREMIAH CRONIN . On 3d Sept. I saw Satcher and Murphy in the bar, at the Waterman's Arms, about six o'clock, or a little after—I cannot say whether they came together or not—a pint of beer was ordered, and Murphy drank it—he was quite sober, and Satcher was a little the worse for liquor—Satcher paid for the beer—I then saw a wash-leather bag thrown down on the counter, and Satcher said there were fifty sovereigns in it—Murphy was standing close by at the time, and could see the bag, and hear what Satcher said—the landlord said he bad better leave his money there, and he would give his handwriting for it—that was on account of the state he was in—Satcher did not accept the offer—the landlord passed him over the money—Satcher put it into his pocket, went out, and Murphy followed him—Satcher staggered and rolled along, drunk, and Murphy with him—Satcher then fell down, and Murphy was still close to him—I saw no purse fall from his pocket then—a dray then came up—the prosecutor ran after it, and got up on it—Murphy was still with him, and got up on the dray—I said to the drayman, "Take my advice, and let not Murphy ride; the man has property about him; I do not think there is any good in that man, I do not think be knows the man"—the drayman ordered Murphy down—he got down, came up to me, and said, "I will pay you; I know him, and I shall see him home, and he followed the dray as well as me—I walked alongside of the dray till I met Scott, the policeman, and the dray stopped at the corner of Bermondsey-square—Murphy was still there, and could hear what I said—I said to Scott, "Here is a man has got property about him; you had better take him in charge; he is drunk, and does not know what he is about; this man says be
knows him, and I will call him before you to see"—I called him, and he acknowledged, before Scott, that he did not know him—he had before said that he did—Scott said he did not see why he should take him, there was nothing to take him for—I again told him he had property about him, and said, "If that man loses his property, you are the man that ought to be looked to for it"—after that Murphy told me he would wait upon me—I and the drayman then came away together, leaving Satcher, Murphy, and Scott together—this was not above half a mile from the Waterman's Arms.
Cross-examined. Q. Were they together about an hour? A. I cannot say—Satcher was rolling along drunk, and did not know what he was about.
HENRY ESHER . I am a coal-merchant, at 31, St. Alban's-street, Lambeth. On 3d Sept., between eight and nine o'clock at night, I was standing at my door, and saw Satcher running round the street, saying, "Stop him!" or something of that kind—there is a court with one entrance in our street, and one in China-walk—I went to the entrance in our street, saw Satcher, and asked him what was the matter—he said, "A still tongue makes a wise head"—I turned away, and heard some one say, "What the b—y hell do you want with me?"—I turned round, and saw Satcher with his hand on a man's shoulder, who I believe was Murphy—they followed me out of the court, and went towards a public-house—there was a cabman also, who asked me where they were gone—I should not know him again—I saw Satcher and the man get into the cab—the cabman asked where he was to go—they said, to London-bridge, and they went in that direction.
Cross-examined. Q. They got out of the cab? A. I only saw them get in—it was nearer nine o'clock than eight, I dare say.
GEORGS HARPER . I am a waterman, No. 101, and live in Wellington-street, London-bridge. On 3d Sept. I saw Satcher come off the pavement and get into Myers' cab—the moment he got in, Murphy jumped on the footboard of the cab, and began asking for a trifle for bringing him p to show him a cab—Satcher said he bad no change, and asked Myers—he said he had none, and asked me—I naturally said, "No"—(I had change, but did not wish to give any)—Murphy pressed Satcher, and he said they would go and have some drink—they went up to the Bridge Hotel—I was called away, and afterwards saw Satcher and Murphy drive by me in the cab.
COURT. Q. YOU saw them get in? A. Not the second time—it was not the first cab on the stand, but it was the first "Hanson"—they did not come to the stand and halloo out for any particular cab—Mr. Satchell went to the stand and jumped into the cab himself.
BENJAMIN WHITE . I live at China-place, Lambeth. On 3d Sep. I was in Lambeth-walk, heard a cry of "Police!" and saw a man run down a court close to the "Cock and Bottle"—Mr. Esher went round another way, and. I stopped the man—Mr. Satcher came up, laid hold of the man I had stopped, and they went away together—I do not know the man—Mr. Esher was by at the time.
HENRY BORBETT . I live at 2, Brook's-place, Lambeth. On Monday, 3d Sept., I was near the Cock and Bottle, and saw a man run down the court—I went to the other end of the court, met the man, and found it was Murphy—I had seen him before, and have no doubt he is the man—Satcher came up, and they went away together—I saw the cabman come down the court—he demanded his fare, and they all went back together to the Cock and Bottle—I heard the cabman say, "Who is to pay the fare?"—Murphy said, "Do not let us have anv bother in the street, let us go to some public-house and settle it."
Cross-examined. Q. You did not take particular notice? A. No—I thought it was a cab quarrel.
GEORGE NOLDEN . I am a butcher, at 32, Joiner-street. On 3d Sept., about a quarter-past nine o'clock at night, I heard a cry of "Police!" and saw Murphy come running down the street—he stopped facing my house, and stood against the wall—Satcher followed, and laid hold of him by the collar—I asked what was the matter, and Satcher said he had stolen fifty sovereigns—the Cock and Bottle is about a quarter of a mile from Joiner-street—I also saw Myers' cab, and there was an altercation—Myers said he was a stranger, and would go to the station if any one would show him the way; and I said I would—we went—he went in, saying he would be out in a few minutes, and I minded the cab outside—two policemen then came and searched the cab—from the time he went in till then, no one had been near it.
Cross-examined. Q. Nothing was found? A. No—I did not see Mur. phy knock the prosecutor down—Myers said he should like to go to the station and get his fare—Satcher made no charge against him.
WILLIAM FARRANT (policeman, M 167). About nine o'clock on this night I heard a cry of "Police!" in Joiner-street, went up, and found Murphy and Mr. Satcher, who said, "I give this man into your charge for robbing me of fifty sovereigns, tied up in a piece of wash-leather; I saw this man take it from my pocket, and hand it up through the trap of the cab to the driver"—Myers was not there then—Murphy said, "I do not know anything about it"—I searched him at the station, and found 5s. 6d. on him—as we were going to the station Murphy struck Satcher on the head, and fetched him to the ground—Myers came to the station about half-past nine, and asked Satcher for his fare.
DAVID EASTFIELD . I live at 2, Union-street, Lambeth. On 3d Sept. I was near Bethlehem Hospital, and heard a cry of "Police!" come from a cabt about eight or ten yards from me—the cry appeared as if the man's voice was being stopped—the cab did not stop—it was going, I should say, at about eight miles an hour—the cabman must have heard the cry—I and another gentleman ran after it, calling out, "Why don't you stop your cab, there is something wrong in it? why do not you stop it?"—he whipped the horse on, and went quicker—I am quite satisfied of that—the gentleman with me called out as well—I cannot say whether the cabman heard me—I followed the cab to the corner of Joiner-street, where it stopped—Murphy there got out, ran down Joiner-street, and Mr. Satcher followed him—I went up to Murphy in Joiner-street, and heard the prosecutor charge him—he said he knew nothing about it—there was a crowd round the cab, and some one said to Myers, "Why did not you stop the cab?"—he said, "It was no use my stopping the cab, I could not see a policeman, and I thought I had better go on to the Obelisk, and I thought I might see one nearer"—the Obelisk is about eighty yards from Joiner-street—the cabman said he would go after Murphy and the prosecutor—some one said, "You shan't go, unless some one goes with you"—a witness said, "I will go with you," and they went.
Cross-examined. Q. Did you ever before this say he whipped his horse?" A. Yes.
ALEXANDER SCOTT (policeman, M 245). I remember Cronin coming up to me, and warning me that a man on the dray-cart had property and was unable to take care of himself—I saw Murphy there—I refused to interfere—I considered he was not sufficiently drunk—I asked him if he had got any property, and he said, "No, only a watch"—he tried to get into a public-house, and the landlord would not let them.
JURY to GEORGE HARPER. Q. How long after Satcher got into the cab did Murphy get in? A. As soon as he could, he jumped on the board—no conversation took place between him and Myers to my knowledge. Murphy's statement before the Magistrate was here read, as follows):—"I was coming over London Bridge and met the prosecutor, who was very drunk and fell down; I picked him up, and he asked me if I would have anything to drink; I said, "Yes, "and we went into a public-house and had some gin and spruce; we came out, and he asked me where I lived and where I was going—I told him to the New Cut; we came to the cab—rank and hired this cab; he asked the cabman if he would have anything to drink, and he said, "Yes; "and the cabman and I had some gin and spruce; the prosecutor asked me if I would take a ride with him, and I said, "Yes; "I got into the cab and told him 1 was only going to the New Cut; he said he was going to Lambeth-walk; when we came to the Catholic church, I wanted to get out; I did not want to go to Lambeth-walk; when I got out, he got out after me and said I had robbed him of fifty sovereigns; I told him I knew nothing about it; he told me to come into the cab again, and I did so; we went a little way up the road, and he began to halloo," Police!" I got out of the cab and he got out soon after me, and asked me to give him his money; I said I knew nothing about it, and no more I did."
MR. CHARNOCK called
GEORGE VARNER . I have been a cab proprietor eighteen or nineteen years. I have lived at 84, Suffolk-street, six years—Myers was in my service six months, and I have known him five or six years—he has always borne a good character; he is a sober honest man.
Cross-examined by MR. PARRY. Q. Do you not know that he has been before charged with an offence? A. No; I never heard of it before last Wednesday; I did not make any inquiry about it—I heard it spoken of publicly by the policeman on Wednesday, that he was charged in 1848 with robbing a sailor in his cab of 7l.—I did not feel it my duty to make any inquiry about it; I considered it was not the case.
HUGH HILL . I live at the Tunnel Bridge, Old Kent-road. I am a coach broker—I have known Myers fifteen or sixteen years, and up to the present time I have never lost sight of him three months—I know him to be an honest man, and I never heard anything against him.
Cross-examined. Q. You never heard what I mentioned just now? A. I heard it then, not before—I have lived in the Old Kent-road seven years.
MR. PARRT called GEORGE QUINNEAR (policeman, P 1). I have known Myers four or five years. In April, 1848, he was charged with an offence at Lambeth Police Court, when I was present. MR. CHARNOCK. Q. Did he go away out of Court? A. Yes. MR. PARRY. Q. Was the prosecutor of the charge a sailor? A. Yes—he appeared against him, but he had a ship and was obliged to go to sea—he gave that in evidence—Myers waa then a caiman.
JURY to THOMAS SATCHBR. Q. Can you positively swear you saw Myers take the money from Murphy? A. I can—I saw the leather hanging down, and saw the hand passed through the cab and the money taken out of Murphy's right hand.
MURPHY— GUILTY .* Aged 21.—Confined Eighteen Months. MYERS— GUILTY .* Aged 33.— Transported for Seven Years.
ANDREW MCDOWALL . I am nine years old, and live with my father William McDowall. I was sent by him to Mr. Coward's house, in Brixton-place and the servant there gave me half a sovereign—I went to the Prince of Wales to get it changed, and saw the three prisoners, who I know by sight, standing at the bar there—I asked for change for the half-sovereign, and laid it on the counter—the prisoners could see it and could hear me ask for change—the bar-maid could not give me change, and I took it up, came out again and stood in the road with it between my fingers—the prisoners then came out of the public-house—Johnson came up to me, leaving the others about three yards behind, snatched the half-sovereign from between my fingers, and said, "I will go and get change for you," and ran away—the other two told me the same, and they ran away down Acre-lane, where Johnson had gone—I called," Stop thief!"—some boys ran after them and stopped them.
Steele. Q. How far off was I when Johnson took it? A. A very little way; you did not come up and ask me what I was crying about; you did not run down Acre-lane with me.
FREDERICK HIGGINS . I am an omnibus conductor. I was at the corner of Acre-lane—the little boy came crying to me, and in consequence of what he said I ran after the prisoners, whom he pointed out to me—they were running—I caught them—they said they had not got it; they were running after the boy in the white cap who had got it—I saw no other lad there.
MARY ANN ALFRAY . I was in Acre-lane, and saw the prisoners stopped—McDowall came up and pointed out Johnson as the boy who had taken the half-sovereign—he said he was running after the boy with the white cap—I j did not see any boy with a white cap, or any other boy there—Johnson said several times to Lane, "Give it up."
Johnson's Defence. McDowall was crying, and said he had lost a half-sovereign; I asked which way the boy ran, and we went after him.
Steele's Defence. We were in the public-house full three minutes after the boy went out; when we went out he was crying, and said a boy had taken a half-sovereign out of his hand, and had run down Acre-lane; J saw a boy running, with a white cap, and lost sight of him in a turn of the lane.
GEORGE WILDE (policeman, M 94). I produce a certificate—(read—William Archer, convicted Feb. 1848, having been before convicted—confined one year, and once whipped)—I was present—Steele is the person. I also produce a certificate of Lane's former conviction—(read—Convicted March 1848, and confined four months)—I was present—he is the person.
LANE— GUILTY . Aged 21.
JOHNSON— GUILTY . Aged 18. Transported for Seven Years.
STEELE— GUILTY . Aged 16.
Before Edward Bullock, Esq.
GUILTY . Aged 36.— Confined Twelve Months. (The prisoner received a good character.)
GUILTY . Aged 33.— Transported for Fifteen Years.
1844. ANDREW CLARK , stealing 1 pewter pot, value 1s.; the goods of George Penfold: also, 1 pewter pot, value 1s.; the goods of Richard Hale: also, 1 pewter pot, value 1s.; the goods of John Wingfield: to all of which he pleaded GUILTY . Aged 18.— Confined Twelve Months.
ANN STEVENS . I am the wife of William Stevens, a bootmaker, in York-road, Lambeth—he rents the house—the prisoner was his apprentice—he left on 3d July, about twelve o'clock—he had no business to go away—he was an in-door apprentice, and lived with us—after he had gone, I went down-stairs and missed some money from a Small drawer of-a chest of drawers; I thought by the look of it about 12l., but it might have been half-sovereigns as well as sovereigns—it was all in gold—the drawer had been locked, and I had the key in my pocket—it was locked when I examined it—I also missed a silver watch from over the parlour fire-place, and a pair of boots from the shop—I never saw the prisoner again till he was in custody.
JAMES SYMONS . I am one of the police at Coventry. On Sunday night, 26th Aug., I was on duty in High-street, Coventry—the prisoner came up to me and asked if I had any information about him—I said, "No"—he said, "I am an apprentice, run away from London"—I said, "Is that all"—he said, "No; I have robbed my master of seven sovereigns"—I took him into custody—on taking him to the station, I asked if he had taken anything else—he said, "Yes, a watch"—I said, "Anything else?"—he said, "Yes, a pair of boots"—I took these boots from his feet. ANN STEVENS re-examined. These boots are my husband's. GUILTY . Aged 17.— Confined Twelve Months.
WILLIAM TODD . I live in Francis-street, Wandsworth. On Sunday morning, 9th Sept., I was with Edmunds, in Kingston-road, about ten o'clock—I had six quarts of blackberries in a basket under my arm, tied with a string round my neck—the prisoner and another man came up to me—I had never seen them before—the prisoner caught hold of my basket, drew a knife, and said, "I will cut it"—he cut the string and ran away with the basket—he threw the blackberries into another basket, and chucked my basket down in the road—a policeman who saw us wrestling, ran after him and took him.
Cross-examined by MR. ROBINSON. Q. How old was the boy with you?
A. Nineteen—we had started to get the blackberries on Saturday night—I picked them on Wimbledon-common—I did not take any from another boy, nor did Edmunds.
him and ask him to give him the blackberries—there was another lad with him—the prisoner cut the string and took the basket, emptied the blackberries into another basket, and threw Todd's into the road—the policeman came and took him.
Cross-examined. Q. The prisoner has been out on bail, has he not? A. Yes, and has surrendered here to-day—I saw the policeman catch hold of him, and he pulled out a knife and said, "If you don't leave go of my collar
I will rip your b—y guts out"—the policeman had hold of the collar of his coat and waistcoat at the time.
HENRY JOHN STEONG . I live with my mother. I was at Wimbledon-common getting blackberries—I saw the prisoner and another, leave three or four more who were lying on the grass, and be stopped me on the high road and took away my blackberries—I was by myself—I saw the two little boys coming up the road, and saw the prisoner take Todd's basket.
EDWARD COCK (policeman, V 245). I saw the prisoner and another leave three more of his companions and meet the two boys—I heard the boy hallooing" Murder!" and saw a struggle—the prisoner and his companion left the boy and went back to join the others—I saw him empty the blackberries out of one basket into the other, and chuck the basket into the road—I went and took him into custody, and he drew a knife, which he had in his hand.
NOT GUILTY . (There was another indictment against the prisoner for a like robber on Henry John Strong, upon which no evidence was offered.)
ADJOURNED TO MONDAY, OCTOBER 22ND, 1849.