CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 4TH, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
33, Southampton-street, Strand.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 4th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB, LORD MAYOR of the City of London; Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Noon Talfourd, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; Charles Farebrother, Esq.; Sir William Magnay, Bart.; Michael Gibbs, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq., M.P.; Francis Graham Moon, Esq.; Thomas Quested Finnis, Esq.; and Robert Walter Carden, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
DONALD NICOLL, Esq.
JAMES JOSIAH MILLARD, Esq.
DAVID WILLIAMS WIRE, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 4th, 1850.
PRESENT—The Rt. Hon. the LORD MAYOR; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. MUSGROVE; Mr. Ald. MOON; Mr. Ald. FINNIS; and Mr. Ald. CARDEN.
Before Mr. Recorder and the First Jury.
389. GEORGE SERBY was indicted for feloniously breaking and entering the dwelling-house of Ann Howell, and stealing therein, 1 watch, value 25s.; her goods; having been before convicted: to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
NEW COURT.—Monday, February 4th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. MOON; Mr. Ald.
CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
390. JAMES FREWIN and EDWARD CREWE , burglariously breaking and entering the dwelling house of Robert Anstruther, and stealing therein, 1 snuff-box, 1 brooch, and other articles, value 16l.; his goods: both having been before convicted.
MR. KETTLE conducted the Prosecution.
ADELE FLEYEN . I am cook to Colonel Anstruther, of Bayswater. On 6th Dec. I went to bed about a quarter before twelve o'clock—I had seen the kitchen window safe about half-past five, when I drew the blind down—the bars at the window were then quite safe—I left the kitchen that night quite right, and all things in their place—I got up at a quarter before six next morning—as I passed the drawing-room, I saw all the drawers were out of the cabinet, all the papers strewed about, and the drawers were on the floor—I looked in the kitchen, and saw some knives on the kitchen table, which I had left in the cupboard the night before—I went and told Colonel Anstruther—I saw the kitchen window about half an hour afterwards—one of the iron bars was bent, and was loosened from the stonework at the bottom
—there was not room for a person to get in without loosening the bar—when the bar was loosened there was room, and that window had been opened—the bars were outside the window, in the garden—there was no fastening to the window inside—the bottom sash was quite close—there was something the matter with the upper part; it was loose.
Cross-examined by MR. O'BRIEN. Q. You do not mean that the window was closed? A. The bottom part was closed; the top was loose—I do not know whether there was a vacant space at top where you could put your finger in.
ROBERT ANSTRUTHER . I am a Colonel in the Canadian army—I reside at 7, Monmouth-road, Bayswater. On the morning of 7th Dec, after having jumped out of bed, and gone to my dressing-room, and put on what I first found, I ran down, and found the drawing-room open, and a great number of the drawers out of an old cabinet strewed about the floor—I ran out of the house to the station, and gave notice to the police—I had gone to bed about twelve o'clock the night before, I came down a little before twelve, and found the cook was up—I sent her to bed, and soon afterwards went to bed myself—I had then five snuff-boxes, a brooch, a powder-horn, and the other articles named in the indictment—they were all in the drawing-room or hall, and I missed them the next morning—I know these two boxes and this knife; they are mine—I believe this box was on the back drawing-room table on the night of the 6th, and this other box was in the drawing-room—this box is not in the state it was; the lid of it is now off, and this miniature was inside the lid—it had a gold lining, and that has been removed—I saw them safe on the night of the 6th—I do not know where this knife was—the value of these is about five guineas—they are all my property—I have had the knife about three or four years—there is no mark on it—I have had this box fifteen or sixteen years, and this other about five years.
Cross-examined. Q. Were there many others drinking in your house at the time? A. Yes, a good many—they remained about a quarter of an hour—they did not call for anything to drink—they sat down, and a friend or two asked them, to drink—my house is in a great thoroughfare, but not in the public road.
WILLIAM GLENISTER (police-sergeant, D 3). On the morning of 7th Dec., about seven o'clock, I received information from Colonel Anstruther—I went to William-street, Lisson-grove, and met the two prisoners, in company with another man—it was thenabout twenty minutes before eight—another policeman was with me—he apprehended Crewe; I laid hold of Frewin and the third man, but the third man broke away—Frewin said, "What do you want me for?"—I told him, for being concerned in a robbery in Monmouth-street that morning—I took him towards the Paddington station, and the other policeman followed with Crewe—when we got near the station, Frewin turned his head partly behind towards where Crewe was, and he called out, "Ding it"—Crewe was at that time about a yard from him, and Frewin spoke loud enough for him to hear—I saw Crewe directly afterwards throw away this box on the pavement—I picked it up, and have had it in my custody ever since—I searched Frewin at the station, and found on him a key, a knife, a duplicate, and some congreve matches.
Cross-examined. Q. What key is it? A. A latch-key—I did not try it to where Frewin lives—I saw this box thrown down—I do not know that I
heard it—it rolled along—a policeman had Crewein custody—I did not pick up anything else—there was nothing else picked up in my presence—I believe some things were afterwards found in a field, by a person who is not here.
GEORGE FERRIS (policeman, D 28). In consequence of information, I went in search of the prisoners, on the morning of 7th Dec, with Glenister—we met the two prisoners, and another person with them—I took Crewe into custody, and went towards the station—Glenister took Frewin—when we were near the station Frewin said, "Ding it"—I should say he said it loud enough for Crewe to hear—immediately on that, Crewe threw away these two boxes—I picked up one, and Glenister picked up the other—Crewe had flung away this knife before that, and I picked it up—Colonel Anstruther's house is in the parish of Paddington.
Cross-examined. Q. Did Crewe say he had picked them up? A. No, not till he got before the Magistrate—I know that the other articles were picked up in a field that day.
HENRY FISK (policeman, T 98). When the prisoners were in the House of Detention, at Paddington, on 8th Dec, I took off their shoes—I know the house of Col. Anstruther, and that of Dr. Gordon, which is five or six minutes walk from it—there is a large garden to Dr. Gordon's house, which comes within a few minutes' walk of Col. Anstruther's—I traced foot-marks in Dr. Gordon's garden, and from that garden towards Col. Anstruther's house, to within about five minutes' walk of it—I compared the foot-marks with the shoes I took from Crewe—I made an impression with the shoes by the side of the footmarks, and ultimately put the shoes into the footmarks—they corresponded exactly with the footmarks in the garden and those in the road—I also compared Frewin's shoes with marks in the garden, and from the garden, and found them very minutely to correspond.
Cross-examined. Q. When did you compare them? A. On the 8th of Dec. I compared them at Dr. Gordon's, and on the 13th of Dec. with the footmarks at Col. Anstruther's—I did not go to Col. Anstruther's on the 8th of Dec.—I compared them outside Dr. Gordon's on the soft road which leads on to the hard road which leads to Paddington—it may be a quarter of a mile from Col. Anstruther's—I saw the distinct marks of three persons in Dr. Gordon's garden, and a number of indistinct footsteps—it was a dry morning on the 8th of Dec.—it had not been raining over night—the impression showed this elevated spot on the shoe—this part was not altogether out of the mud in the soft soil—the impression was perhaps three quarters of an inch deep—I made impressions by the side of the mark, and then I ultimately put the shoes into the original place—I did so with both the prisoner's shoes, and in length and breadth, and every way, I found them to correspond—I did the same on the 13th at Col. Anstruther's—one of the sergeants and Col. Anstruther were with me—I found them to correspond equally there—I made an impression by the side as I did before—I should think I made five or six impressions—it is a small garden—it is not grass, it is mould—I could see that the nails which are in Frewin's shoes corresponded—I did not count the nails—it had been fine weather between the 8th and the 13th of Dec.—I do not remember that there was any rain—the footsteps were in a state of preservation.
COURT. Q. Who had the shoes in the interval between the 8th and the 13th? A. I had.
WILLIAM GLASSCOCK (policeman, D 22). On Friday, 7th Dec, I was at the station when the prisoners were brought in—I saw that Crewe's coat had buttons on it when he was placed in the cell, and when he was taken from the cell it had no buttons on it—the buttons were gone—I afterwards examined the cell, and found these three buttons in it—(The buttons were handed to the Jury, and found to correspond with those found at the prosecutor's,)
GUILTY of stealing in the dwelling-house .— Transported for Ten Years
GUILTY . Aged 16.— Confined Four Months.
GUILTY .— Confined Twelve Months.
DONALD M'GREGOR . I am a warehouseman, in Noble-street. On the the afternoon of 11th Jan. I was coming out of my warehouse, and saw the prisoner with a bale of goods on his shoulder, which had been in my passage—I called to him—he dropped the bale and ran away—I followed him, and he fell—I merely lost sight of him while he turned the corner—I caught sight of him directly afterwards—I know the bale of goods—it is called coating—it is used for warm climates—it is my property, and is worth about 26l.—there was another man with the prisoner, but he got away—I caught the prisoner when he fell, and took him back to the warehouse.
Prisoner. I was not away from the door of the warehouse when you came out. Witness. You were just going out of the street door when I opened the other door and called after you—you had the bale on your back, just going out—you could not have taken the bale up yourself.
Prisoner's Defence. I had been to my brother, who is a porter, in Watling-street, and as I was coming back a man asked me to give him a lift up with this; 1 took it up; the gentleman called, and the man ran off; I ran after him to catch him; I was taken back to the warehouse and given in charge
EDWARD JEFFERIES (policeman). I produce a certificate of the prisoner's former conviction—(read—Convicted March, 1849, and confined nine months)—he is the man—I found his lodging in a very bad condition—he has been in custody several times.
GUILTY . Aged 43.— Transported for Seven Years.
ELIZABETH BAKER . I am a widow, and live at Hackney. This purse is mine—I had it not a quarter of an hour before I lost it—I had a sovereign and 5s. d. in it—I kept it in my right-hand pocket—I swear it is mine.
ALFRED GREEN (City-policeman,376). On the afternoon of 30th Jan. I was in St. Paul's Churchyard. I saw the prisoner and Mrs. Baker—the prisoner closed up by her side, and laid hold of her dress—she then suddenly turned away, and walked about a dozen yards—I went after her, and laid hold of both her hands—this purse dropped at her feet—I took it up—it contains a sovereign, five shillings, and a sixpence.
Prisoner. Q. Was it you who took the purse from the street? A. Yes; I let go your hand to pick it up—I took it back to the lady—I saw the purse drop from under your shawl—both your hands were under your shawl—there was no other woman with you—I saw you attempt several pockets before.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Four Months.
MR. CARTER conducted the Prosecution.
THOMAS SMITH . I live at Fenny Compton, in Warwickshire, and am a grocer and linen-draper. On 31st Dec. the prisoner came to my house and purchased a slop, or blue frock, and on Sunday, 6th Jan., I had my house broken open, and a number of articles stolen—I lost a number of silk handkerchiefs, of different patterns and qualities; a quantity of stockings, white and coloured; some small clothes and leggings; a quantity of shoes, and the case of my watch—I have seen some of the articles since—I had seen some of the articles in my house, at ten o'clock, on the night before the robbery.
Cross-examined by MR. COOPER. Q. Had you ever seen the prisoner before? A. No—I have a number of bankers come to my shop—I do not know whether he was a banker—I had particularly seen the shoes the night before—I do not know a place called Farringdon.
MR. CARTER. Q. When had you seen the small clothes and gaiters? A. A few days before—I had not sold these articles to any one—this waistcoat hung up in the shop.
ANN HARMAN . I am the wife of Thomas Harman, and keep a public-house at Uxbridge. On Wednesday, 9th Jan., the prisoner and another young man came and asked for lodgings, and they said they were very hard up—they had something to eat—they asked if I would buy any silk handkerchiefs—I bought four of them—some were new, and some had been tied round the neck—I gave the handkerchiefs to Roadknight, the officer—I agreed to give the prisoner and the other man 2s. and a night's lodging for the handkerchiefs—they agreed to that, but they had some beer, and did not lodge at my house.
WILLIAM BALL . I am a whitesmith. On 9th Jan. I saw the prisoner and another man at Uxbridge, about ten or half-past ten o'clock—they asked me to carry their bundle to the George, and to direct them to Harrow—they were to give me 4d.—when I got to the top of the yard the policeman stood there—he asked what I had got—I told him two men asked me to carry it to the George—I said I did not know what was in it—I gave it up to the officer, and went with him in pursuit of the two men—we overtook the
prisoner on Uxbridge-common—be was with the other man when I received the bundle—whether he or the other gave it me I cannot say.
Cross-examined. Q. Was it light? A. Not very—I met the men in Chequer-yard—I did not see them for more than a minute—I had never seen them before—it may be half a mile from there to Uxbridge-common, where we found the prisoner alone.
MR. CARTER. Q. I believe there are gas-lights in Uxbridge? A. Yes—there were none in Chequer-yard—it was not light enough for me to see the man I took it from—they were both dressed alike—we took the prisoner about eleven o'clock, about half a mile off, in the road towards Harrow.
STEPHEN MASTERS (policeman, T 199). On the night of 9th Jan. I met Ball with this bundle—I took the bundle, and found in it these silk handkerchiefs, boots, and other things, which I produce—I went with Ball, and found the prisoner on Uxbridge-common—I said I wanted to know what was in the bundle—he said he knew nothing of any bundle, and he had had no bundle and seen no other man—Ball said he was with the other man, and one of them gave him the bundle.
ANN DAVIS . I am the wife of Richard Davis, a pawnbroker, at Uxbridge. On Wednesday, 9th Jan., the prisoner and another man came to our house between eleven and twelve o'clock in the morning—the other man pawned some shoes, and the prisoner pawned some small-clothes and gaiters—he said they were his own—he and the other man appeared to be in company; they came in together—I gave the things to Mr. Roadknight.
Cross-examined. Q. I suppose you have a respectable shop, and a number of persons every day and every week? A. Yes—I had never seen the prisoner or the other man before—they were a minute or two in the shop—I made out the duplicate, as I do when Mr. Davis is not at home.
RICHARD ROADKNIGHT (police-sergeant, T 11). On 10th Jan., I received these four handkerchiefs from Mrs. Harman—when the prisoner was brought to me, he had this pair of trowsers and this waistcoat on—he said he had never pawned anything at all—these small-clothes and gaiters I received from Mrs. Davis.
THOMAS SMITH re-examined. These small-clothes and gaiters are mine, and were stolen from my house—these four handkerchiefs are mine—these trowsers and waistcoat that the prisoner had on are mine—these other handkerchiefs which were in the bundle are mine—here is my private mark on them—these shoes are mine—here are no articles but what I know; but I particularly know those with the private marks—I am quite confident I had not sold them.
Cross-examined. Q. Are these your own private marks? A. Yes—my wife serves in the shop as well as me—she is not here—we generally take the private mark off an article when it is sold, but not always—these are corduroy trowsers—the ticket was taken off them and left in my shop—this waistcoat is extraordinary, as, being a very narrow front, no one would buy it, and the pocket is very shallow—I received it from Banbury—I am positive some of these articles were not sold.
The prisoner's statement before the Magistrate was read as follows:—"I bought the trowsers and waistcoat of Mr. Luff, in Chichester; I paid for them when we had finished harvest at Mr. Bourn's."
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
FREDERICK JOHN JONES . I am a brace-manufacturer—the prisoner worked in my warehouse. On the morning of last Monday week I sent for the policeman—he took him to the station, and searched him in my presence—he found a man's belt round his body—it is mine—the policeman asked him whose property it was—he said, "It is my master's"—I went to the prisoner's lodging, where I found four belts, some dress-suspenders, one or two pairs of garters, and these trowsers' straps—I have no doubt they are mine—I cannot positively swear to the other things, but I can to the trowsers' straps.
Cross-examined by MR. PARNELL. Q. You swear to these straps because they have your name on them? A. Yes; and a Latin sentence—they are a peculiar pair of straps—they were never sold—mine is not a retail shop—I have four men and ten boys—my men take orders, but they do not sell goods—the prisoner has been with me eighteen or twenty months—I believe mine was the first place he had—I had a good opinion of him—his wages were six shillings a week—this is a pair of straps; no person has worn these but myself
JOHN MARK BULL (City-policeman,151). I searched the prisoner, I found this belt round his shirt—Mr. Jones had before asked him if he had got any of his property, and he said, "No"—the prisoner gave his address at the station—I went to the address at Kennington-cross, and found these other articles produced.
Cross-examined. Q. Was this at a lodging-house? A. No; the prisoner's father lives there; he is a very respectable man, I believe he holds some Government situation—he told me he had no lodgers—it is a small house with four rooms—a very respectable cottage for a working man—he told me he bad eight in family.
GUILTY. Aged 17.—Recommended to mercy by the Jury and Prosecutor.—
Confined One Month.
GUILTY. Aged 19.Recommended to mercy by the Prosecutor .— Confined One Month
GUILTY . Aged 28.— Confined Four Months.
OLD COURT.—Tuesday, Feb. 5th, 1850.
PRESENT—Mr. RECORDER, Mr. Ald. MUSGROVE, Mr. Ald. MOON, and
Mr. Ald. CARDEN.
Before Mr. Recorder and the Second Jury.
MESSRS. RYLAND and PLATT conducted the Prosecution.
LEWIS NOTLEY (City-policeman,665). On Sunday morning, 6th Jan., between two and three o'clock, I was on duty in Catherine Wheel-alley, Bishopsgate-street, and saw the prisoners and another man and woman making a great noise—I requested them to go on—they passed on two or three yards
and stopped again—I walked up and told them to go quietly home, when I was seized by the woman—she pulled my hat off, and attempted to scratch my face—I threw my head back to prevent it, and Ryan ran up and caught me round the waist with his arms—M'Kenna and the other man assisted him—I am quite positive M'Kenna is one of them—they threw me down on the back of my head—I was stunned with the fall—it cut my head—when I was down I received two severe blows on the front of my head—I was endeavouring to draw my staff when I fell, and when I recovered myself I had lost it and my lantern—I did not feel it taken—I was stunned by the fall—I had not used my staff—I cannot say which of the prisoners struck me—it must have been one of them, for they fell on me—Ryan was on me, and M'Kenna next to him—the other man and woman were at the rear of them—I saw nobody else near—it is a narrow place, not four feet wide—somebody might have been at a little distance—I was taken to St. Thomas's hospital and remained an in-patent till the 24th, and am still under the surgeon's care.
Cross-examined by MR. PARRY. Q. How long have you been in the police? A. Seven years last Oct.—I had been on duty from nine in the evening—I had not been drinking—I might have had half a pint of beer, which I generally do on my duty in the fore part of the night—I think I remember having it—I had no spirits that evening to my recollection—I would not swear that I had not—I had no rum or gin—I do not remember having any brandy—when I do have half a pint of beer, it is at a house at the corner of Petticoat-lane—that is on my beat, but the Catherine Wheel is not—I had nothing there that night—Ryan said I was drunk when 1 was at the Mansion-house, and that I had struck a woman—I do not know that he said so at the station—I was taken to the station first, and from there to the hospital—he stated that he came up to take my number, and I struck him—none of his statement was true—I was in the hospital when M'Kenna was taken—I have always sworn positively to him—I have never been charged with any assault before a Magistrate, or with making a wrong charge—I have never been mistaken in making a charge—I was not at the Catherine Wheel that night.
MR. RYLAND. Q. What time were you taken to the hospital? A. About twenty minutes to four—I was first examined before the Alderman on 24th Jan.—M'Kenna was there—I identified him—I had seen Sergeant Russell about a quarter of an hour before this happened, and conversed with him—I was as sober as I am now.
JOHN NEALE . I live with my father and mother in Montague-court, Bishopsgate; my father is night watchman to Mr. Piper, of Tooley-street. On the morning of 6th Jan. I and my mother had been to take my father his supper, it was about three in the morning—we were passing Catherine Wheel-alley—I heard a noise, and went into the alley—my mother called me back—I heard a great noise, and my mother told me to go up—I went up, and saw Notley and Ryan; there were three men and a woman—I do not know the woman or the other prisoner—Notley was on his legs advising them to go home—they would not move on, and Ryan hit him with his fist—he fell, and Ryan kicked him somewhere about his knees—his hat fell off as he was falling—he was going to draw his staff", when the three jumped around him, and Ryan drew it away from him—I did not see him hit him with it—the four of them were on him—I could not see who struck him, but somebody struck him with the truncheon, and I hallooed out, "Police!"—Ryan ran down Catherine Wheel-alley, and I ran after him—he dropped his hat at the corner of Widegate-alley—I was going to pick it up, and my mother made me drop it—I saw it picked up, and saw Ryan claim it at the station.
Cross-examined. Q. How do you pet your living? A. I work for Mr. Piper, of Bishopsgate-street—I understand the nature of an oath.
Cross-examined. Q. Did it look as if it had been struck off with a violent blow? was it smashed in? A. No, perfectly whole; it might have fallen off—I took my husband his supper at twelve o'clock, and took my own time coming back—I did not see Notley go up to any woman and attempt to strike her—I did not see him use his truncheon; he hallooed out for mercy when he was on the ground.
DANIEL MURRAY (City-policeman,648). On 6th Jan. I was on duty, and about a quarter to three o'clock heard that something had been done to Notley—soon afterwards I saw Ryan coming in a direction from Catherine Wheel-alley, walking quick, without hat or cap—I stopped him, and asked where he had been—he said he had been out with some friends of his, and that he had something to say to me—he said something, but I could not understand what—he mentioned something about "drunk," but I could not understand more—I took him into custody—he said he was out with some friends, and had been leaving one of his friends in bed, and was coming from the house, and saw a policeman and two men and a woman in altercation, talking in rather an excited way; that the policeman was drunk, and he thought he was too fast, and interfered, and the policeman struck him a blow in the eye—I took him to the station—Notley was there, and identified him as the person who assaulted him and took his truncheon from him—I had not seen Notley that night before.
Cross-examined. Q. Ryan was very much excited, so that he could not get out what he wanted to say? A. Yes.
FREDERICK RUSSELL (City-policeman,69), About a quarter before three o'clock on this morning, I pushed open the door of 2, Catherine Wheel-alley, and saw the two prisoners in the passage, and a woman with them—I went on my beat, came back a quarter of an hour or twenty minutes afterwards, and found Notley injured—I went to the station, and saw Ryan—I told him I saw him at 2, Catherine Wheel-alley a little bit ago—he said he had been there to see some friends—I went with other men to the house, and found M'Kenna sitting on the stairs with a female—I took him, and sent him to the station; he was discharged on account of not being identified—he was taken about a fortnight afterwards, and I was present at the Mansion-house when Notley identified him—I had seen Notley on his beat a quarter of an hour before; he was as sober as he is now—I never knew him the worse for liquor in my life.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes; before I was examined, I heard Ryan charge Notley with being drunk, but I knew it was false; I did not tell him so—the first I heard of it was in the morning before the Magistrate—I then heard that Ryan told the man so who apprehended him—I had been on duty from nine o'clock—I am a sergeant—I had a pint of beer; I think it was in Aldgate, at the top of Petticoat-lane—that is not the house I frequent; any house is mine when I want a drop—if I want a drop on my beat, I have it and pay for it; it makes no difference to me—Notley was not with me, it is not on his beat; he takes the bottom part of Petticoat-lane—I swear I had nothing but that pint of beer that night; I had no spirits—we are not allowed by the authorities to go into public-houses; there is no objection to our having a pint of beer outside—we do
not go inside unless we go in to examine the houses—we do not then have a drop inside, that would not do at all; I had it brought out to me—M'Kenna did not tell me he was a violin player.
MR. RYLAND. Q. Were you drunk at all? A. No, nor Notley; he is as steady a man as we have in the police—I have been his sergeant for the last three years, and was so six years ago.
JOHN STAPLES (City-policeman,646). On 6th Jan. I was on duty about three o'clock in the morning, and saw Neale near the end of Catherine Wheel-alley—he told me something—I went down, and found this bonnet and lantern—about six yards up, I met Notley, with blood running all down his face—I brought him down the court into Bishopsgate-street—I saw somebody pick up a hat; I took it to the station—Ryan was brought in, and saw it—I cannot say what he said, as I was attending to Notley—this is it (produced)—Ryan owned it at the Mansion-house—I have had it ever since, and the lantern.
Cross-examined. Q. This hat is rather in a damaged state? A. Rather; I never struck a man over the head in my life.
FRANCIS THOMAS VAN HEMERT . I am a medical student at St. Thomas's hospital. On 6th Jan., about four o'clock in the morning, Notley was brought there—I found three very severe scalp wounds, one at the back of the head, another at the back part of the left side of the head, and another on the forehead—he had been bleeding very profusely, by the appearance of his clothes and hair—when he was brought in, he appeared to be suffering from concussion of the brain—a policeman's truncheon would produce the wounds—he was in danger for a week, and remained in the hospital not quite three weeks—he is still under my care, and is not sufficiently recovered to resume his duty.
Cross-examined. Q. A man falling on the back of his head upon the pavement might produce a very serious concussion of the brain? A. It might; the wound on the back of the head was caused by a fall; the others must have been produced by a very severe blow—blood had flowed from all the wounds.
(The prisoners' statements before the Magistrate were here read, as follows—"Dennis Ryan saith: 'I was coming through Catherine Wheel-alley on Sunday morning, about three o'clock, and saw the policeman, who seemed very much in liquor; he knocked a woman about very roughly against the wall; I told him not to be too fast with her, or I would report his conduct at the station-house; I looked close, to take his number, when he struck me in the eye with his fist, and knocked my hat off; I saw a woman at a distance in the alley, and told her to go and fetch a policeman, and I ran away at the same time to see if I could find one; I did not meet one, and I came back to the same place, and when I came back I could not find my hat, and I did not see a policeman either; so as I was coming along to the station-house I met this policeman (Murray) opposite the station-house; I asked him if it was one of their men on duty in Catherine Wheel-alley; he said, "Come across, we have got your hat;" I said, "Yes, it is my hat," to the policeman on the beat; I saw him with some blood on his face; he said that I was the person who took his staff and knocked him down; nothing more, only they locked me up directly. DENNIS RYAN.'—John M'Kenna saith, 'All I have to say is, that I play on the violin at the Catherine Wheel public-house on Saturday night, and that at five minutes to twelve on this night I left, and went into No. 2, and stopped till the landlady was going to bed; I then came out, and stopped on the staircase, in company with a friend of mine, until the policeman came in and took me to the station-house; I know nothing about
it; I did not leave the house; I know nothing about the assault on the policeman. JOHN M'KENNA.'")
MR. PARRY called
ANN LANE . I know M'Kenna—I have no knowledge of Ryan—when M'Kenna was apprehended, I was sitting on the stairs with him—I had been in his company from six to twelve o'clock—at five minutes to twelve we left the public-house, and were going in next door, to No. 2, and met the policeman on the beat—he spoke something to M'Kenna which I could not understand, seemingly a little in liquor—I and M'Kenna stayed there some time, till the family thought proper to go to bed—M'Kenna was a little the worse for liquor—we stood in the passage, and then sat on the stairs, till the policeman came and took M'Kenna—he had not been outside the door since twelve, and I had not left his company.
Cross-examined by MR. RYLAND. Q. Are you married? A. I am single—I am a servant out of a situation at present, and live in lodgings—on 6th Jan. I lodged at No. 5 in the same court—I did not go home, because I did not like to leave this man, because he was intoxicated, and not able to take care of himself—he was not very drunk—we sat at No. 2 till it may be past one o'clock—then they went to bed, and we were obliged to turn out—I met with M'Kenna at six o'clock, and he never was out of my company for a moment—I am on my oath—we stood outside the door, just about twelve o'clock, and Notley came up and muttered something—he was so much the worse for liquor that he muttered his words, and staggered like wise, I have not much acquaintance with drunken people—I had no bonnet on that night; I came out in my dress, without bonnet or shawl—I did not wear a bonnet any part of the evening—I stood in the court without bonnet or shawl—it was a very few minutes—I know nothing of this bonnet—it certainly is not mine; it never was mine; I never saw it before—it has been on my head; it was put on in the station-house by a policeman—I do not know how it fitted me, because it was not mine—I have not had the bonnet I have now got on, long; it is not mine—this is the first day I have worn it, and yesterday, I borrowed it to look smart to come here—I was here yesterday, but not in Court—my own bonnet is at borne—it is a Tuscan bonnet, I mean straw, trimmed with green ribbons—the lady who lent me this bonnet is not here; it was my landlady's daughter—I last lived at Mr. Wiltshire's, the City Dining-rooms, 58, Cheapside, as kitchen-maid—I lived there six months—it was a pretty good place—I left because we disagreed about wages, and have never been in a situation since.
COURT. Q. Did you go before the Magistrate? A. I was present at the Court, but not as a witness—I heard part of Notley's examination—I was in and out—I do not think I heard M'Kenna put a question to Notley—I went in twice, and came out again—I did not hear it stated to M'Kenna, "The woman who cohabits with you was there;" it is a wrong charge—I am sure I did not hear it said, "She is the woman who took off my hat"—I cannot say whether there were three men and a woman together—I did not see two other men, of whom Ryan was one—we were not in his company that night I was there, and did not see him—I did not see Sergeant Russell that evening till he took M'Kenna—I had not noticed his looking in a quarter of an hour before that—I swear Ryan was not in company with me and a man—I do not know him—I had not been in the court; I had been out in the square, between the public-house door and No. 2—I was not outside more than two minutes' when we went into No. 2—I did not lose my bonnet, or take the man's hat off—I saw no woman with M'Kenna but me.
MR. PARRY. Q. I want you distinctly to understand this question; if
Russell has stated that he saw M'Kenna and Ryan together after twelve o'clock that night—is it true or false? A. I cannot say—Ryan was not in M'Kenna's company during any part of the time I was with him—I live at No. 5—the Catherine Wheel is No. 3—to go there for any errand I should not put on my bonnet or shawl—I never had my bonnet on from six—I do not know where M'Kenna lives—he does not live in the alley—I know he lives at some distance, and would have had to have gone home through the street—I know nothing about touching the policeman—I never saw him after twelve, and I had not seen him before, for I was in doors—I did not see him in the Catherine Wheel—M'Kenna was fiddling—I believe he gets his living so—I am sure I did not see Russell that night before M'Kenna was taken—Ryan was not in M'Kenna's company—I was not with them at any time that evening—a policeman could not have turned his light on us all three, and seen us altogether—if any policeman has sworn it, it is false.
COURT. Q. At quarter to three o'clock, were you not in the court at 2, Catherine Wheel-alley? A. Not in the court—I was in the house No. 2—the door was not pushed open, and a light turned on, a quarter of an hour before M'Kenna was taken—I did not see it—I mean to say, the policeman did not see M'Kenna and Ryan—M'Kenna and me were together—Ryan was not in the passage—I swear there was nobody but M'Kenna and me there—they were not together at any time between twelve and three—I swear I had not seen Ryan in M'Kenna's company that night.
COURT to FREDERICK RUSSELL. Q. Was this the woman you saw when you turned your light into No. 2? A. Yes—she was taken into custody and sent to the station that morning, but Notley had been sent to the hospital, and could not identify her.
MR. PARRY. Q. Were other persons taken into custody? A. Yes, and remanded; another female, who is outside—when Notley saw her, he said she was not the person—four persons altogether were taken.
MR. PARRY. Q. When did you see her before? A. In Catherine Wheel-square, on 6th Jan.—I was not able to give her into custody—I was taken to the hospital—I saw a woman very much like her at the Mansion-house, not in custody—I did not point her out as the woman, as I was not positive—I believe it was Lane—I cannot positively say—I did not see her again till to-day—I have seen her with M'Kenna—they cohabit together—I have seen them in the street all hours of the night and morning—another woman was taken and charged; but I said she was not the woman, and she was discharged—I said it was the woman who cohabited with M'Keona, but they took another woman—I have known Lane several months.
GUILTY of an Aggravated Assault .— Confined One Year
The witness Lane was committed by the Court, and ordered to be indicted for perjury.
NEW COURT.—Tuesday, February 5th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. MOON; and Mr. COMMON
Before Mr. Common Serjeant and the Sixth Jury.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CLARA PASSMORE . I am barmaid to Mr. Saunders, of the York Hotel, Waterloo-road. On 8th Jan., about five o'clock in the afternoon, the prisoner came for a bottle of stout, which came to 5d.—he put down a 5s. piece—I saw it was bad, and gave it to Temple to take to Mr. Saunders, who was in the back room.
Prisoner. Q. Did you mark it? A. No—I do not know it.
WILLIAM GEORGE TEMPLE . I am barman to Mr. Saunders. I received a crown from Passmore—I did not take particular notice of it—she said it was bad—I gave it to Mr. Saunders, my master—he took it upstairs to his son, came down again, and then I went outside the bar-door, which gave me an opportunity of stopping the prisoner from going away—young Mr. Saunders came down, and brought a crown-piece in his hand—he said to the prisoner, "This is a bad crown-piece"—the prisoner said, "Oh, is it?"—he took it out of Mr. Saunders's hand, and put it to his mouth—Mr. Saunders took him by the throat to prevent his swallowing it—the prisoner attempted to get away—I and Mr. Saunders stopped him—he gave the crown to a policeman.
GEORGIANA COX . I am servant to Mr. West, a confectioner, of King's-road, Chelsea. On 12th Jan., the prisoner came in the evening for two buns—he gave me a half-crown—I gave him the change—I put the half-crown in the till—there was no other half-crown there—the prisoner went away, and was brought back by the policeman in about two minutes—I had not taken any half-crown in the mean time—I went to the till, and found the same half-crown—I gave it to Mr. West, and saw him give it to the policeman.
JOHN GOSLING (policeman, V 162). On 12th Jan. I was passing Mr. West's shop—I noticed the prisoner at the counter, and saw him receive some change from Miss Cox, and I saw her take the half-crown and ring it on the counter—the prisoner came out—I stopped him—be tried to get away—two other officers assisted me—he threw away a piece of money—I took him to the station—this is the half-crown I received from Mr. West.
THOMAS GLYNNE KAY (policeman, V 91). I was near Mr. West's shop—I saw the prisoner struggling with Gosling—he put something in his mouth, and I saw him throw something from his hand towards Oakley-square—I afterwards went there, and found this half-crown inside the railings of the square.
Prisoner's Defence. The young man never marked this piece till it was at the station; the young woman did not take the half-crown to her master for upwards of five minutes, and it had not been marked; Gosling was drinking with me in a public-house three weeks before; his wife used to do my washing, I took it from her, and he has had a little animosity against me on that account.
was not drinking with the prisoner—my wife used to do his washing, but I found him out to be a thief, and would not let her do it.
GUILTY . Aged 19.— Confined One Year.
THOMAS HARRIS DAVIS . I am assistant to Mr. Collins, a surgeon, of Hampstead-road. On 16th Jan., between six and seven o'clock in the evening, the prisoner came into the surgery, and asked for 2d. worth of castor-oil—I served her—she gave me a bad half-crown—I told her it was bad—she said she was not aware of it—I told her that she had been in the shop about a month before and tried to pass a bad half-crown, and I should give her in charge—she denied it—I went round the counter to call a constable, and she ran out—I kept the bad half-crown—I put it into my waistcoat pocket, where I had no other money—I afterwards bit it and gave it to the policeman—this is it, and here is the mark where I tried it with my teeth.
EDWARD GOVETT . I am a surgeon, and reside near Regent's-park. On 16th Jan. the prisoner came to my shop, shortly after seven o'clock, for a camphor-ball—she tendered a bad half-crown—I said it was bad, and asked her where she got it—she said a gentleman gave it her in the street—I told her I did not believe it, and I should give her into custody—I marked it—this is it—my house is about five minutes' walk from Mr. Collins.
Prisoner's Defence, I am an unfortunate girl; a gentleman gave me two hall-crowns.
GUILTY . Aged 21. Confined Three Months.
GUILTY . Aged 17.— Confined Four Months.
(There was another indictment against the prisoner).
THOMAS MARSHAM . I am shopman to Walton Muncaster and another, pawnbrokers, 14, Skinner-street, Snow-hill—it is their dwelling-house, and is in the parish of St. Sepulchre. On 11th Jan. I saw the prisoner break the shop window with his elbow, and put his arm in—I did not see him take this watch, but I had seen it safe five minutes before—I ran after him—he was stopped, and this watch found upon him—it is my master's.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 38.— Confined Three Months.
pleaded GUILTY . Aged 18.— Confined Three Months.
pleaded GUILTY .* Aged 33.— Confined Nine Months.
pleaded GUILTY . Aged 34.— Confined Six Months.
HUGH GILCHRIST . I was in Holborn on 23rd Jan., about half-past eight o'clock—I felt something at my pocket—I missed my handkerchief—the prisoner was near me—I pulled this handkerchief from under his coat, and gave him into custody—it is mine.
Prisoner. He took it out of his own pocket. Witness. I saw him put it under his coat, and took it from him.
Prisoner. I was making haste home, and this man said, "You have picked my pocket;" he took the handkerchief out of his own pocket and gave me in charge.
GUILTY . Aged 42.— Confined Nine Months.
EDWARD EDWARDS . I am shopman to John Slater Marshall, of 136, Fleet-street. On 9th Jan. we missed a pair of boots from outside the door, when the officer brought them back—these are my master's boots.
Prisoner. I gave them to him; I told him I was hard up, and I should take them. Witness. He said he very likely should take something—I watched him about ten minutes—I saw him take them, and I took him.
GUILTY .* Aged 19.— Confined Three Months.
LYNCH — pleaded GUILTY . Aged 26.— Confined Three Months.
SAMUEL LITTLE . I keep a coffee-shop at 71, Farringdon-street. On 19th Jan. the three prisoners, and one more person, walked into my house—Lynch then went out—the other two prisoners were still sitting in the same box—Lynch came back and went out a second time—I then missed a coat—I followed him fifteen or twenty yards, and said, "You have made some mistake in taking this coat"—he said, "It is my friend's inside"—I said he must come back with me, and Aubrey, I believe, said they neither knew him nor the coat—I then missed a hat—it was afterwards found by the officer.
Aubrey. Q. In what position was I? A. Sitting on the bench; I was looking at you the whole time—I did not see Lynch take the coat—you were not asleep—you did not leave the place till the officer took you and Burke.
JOHN WINFIELD . I keep a coffee-shop at 22, Farringdon-street. On Jan. 19th, the three prisoners and another party came to my house, between six and seven o'clock—one of them knocked a person's hat off, and then they asked me to serve them with some coffee, which I refused—Aubrey said he would pay me for it before he had it—I still refused, and he called me everything he could think of, and said he would knock my b——y eye out—he took a mug up, and said he would smash the clock, but they all went out without doing me any damage—they were tipsy.
Anchor. On 19th Jan., Lynch came in there, and about half-past seven o'clock, I found this hat under the seat in the tap-room where he had been.
Aubrey's Defence. I got drinking, and met with Burke, and we went into another house, and stopped till half-past five o'clock; we then met Lynch, and went to Mr. Winfield's, and he refused to serve us on account of our being drunk; we then went to Mr. Little's; I put my head on the table and fell asleep; Mr. Little awoke me, and asked if I knew Lynch, and said he had stolen his coat; I said I knew nothing of him nor the coat. NOT GUILTY .
WILLIAM CRUIKSHANK . I am an artist, in Marylebone-street. On 30th Jan., about five o'clock in the evening, I was on Tower-hill—I found the prisoner's thumb and finger in my pocket, and missed 1s. 6d. out of my side-coat pocket—I distinctly saw a sixpence between his thumb and finger.
ROBERT RANDALL . I was watching the prisoner, because I saw him attempt to pick another gentleman's pocket—I saw him put his thumb and finger into the prosecutor's pocket—he caught him, and found the sixpence—he threw it down.
Prisoner. I never saw anything about it.
GUILTY . Aged 16.— Confined Four Months.
pleaded GUILTY . Aged 34.— Confined Six Months.
pleaded GUILTY . Aged 36.— Confined Nine Months.
SARAH NOBLE . I am the wife of James Howe Noble, of Rutland-buildings. On 19th Jan., at a little after nine o'clock, I had a basket with me, containing the articles stated—I put it by my side as I was standing by a shop window—I took a rasher of pork, and gave it to the boy to take it in the shop to get it weighed—my basket was gone within three minutes of my seeing it—I saw the prisoner crossing the street with it in her hand—I ran and called "Stop thief!"—the prisoner ran up Three Tun-court, and as she turned, the court being dark, I lost sight of her—the basket was picked up and given to me—this is it.
Prisoner's Defence. I heard a cry of "Stop thief!" a great many people ran; I saw a woman cross into the court and come down again, and she left her basket in the court; the policeman took me; I never had the basket.
GUILTY . Aged 40.— Confined Three Months.
DANIEL GRIFFITH . I live at Whetstone; I belong to the railway. On 15th Jan. I asked a policeman the way to Southgate Cottages—he directed me—I was going there, and was in Church-road, crossing from one pathway to another, and slipped down—it might be about five or ten minutes past six o'clock—I do not say but I had had a little drink during the day—I was pretty much the same as I am now—about the same—a little bit sensible—the prisoners came to me, and Elliott put his hand into my pocket and took out two shillings, and five pence in copper—I was afraid to speak, or to move for fear of some bodily harm—I let him go I suppose ten or twelve yards from me, and got up and followed them—I did not pretend that I knew anything about the robbery—I followed them, and they got arm-in-arm with me—I met the officer ten or twelve yards on, and gave them into custody.
HENRY WALLACE (policeman, N 404). I directed Griffith to Southgate Cottages, and then lost sight of him for a few minutes—I then saw him linked with the prisoners—he was drunk, but quite sensible—I hastened after them—they did not see me till I was within five yards—I seized Elliott by the arm, and asked Griffith if he had lost anything—he said he had lost two shillings and some odd halfpence—one shilling and five-pence was found on Elliott at the station—he said he had been out from three o'clock that day, and he had 1s. 6d., and all he had had was one glass of beer, which came to a penny—he afterwards said he had had a glass of gin—the sergeant said to him, "You said beer before"—he then said be had gin and beer, and that he had had 1s. 7d. with him at first.
Elliott. Q. Did you not tell me to assist you in leading the prosecutor along? A. No.
Elliott's Defence. We were going down the road; this man fell down, and I assisted him up; he was so drunk he could not stand; we were walking along with him; the policeman came up, and he said, "I will give this man in charge;" he said to him, "What have you lost?" he said, "Nothing;" he then said he had lost a shilling, and then he said 1s. 5d., and after we were searched he said 2s. 5d.
Witness. He said he had lost 2s. 5d. before the prisoners were searched.
Ladd's Defence. I saw the prosecutor lying on his back, and lifted him up.
WILLIAM HARRIS (policeman, N 112). I produce a certificate of Ladd's conviction—(read—Convicted March, 1846, and confined three months)—he is the person—he has since then been twice convicted for uttering counterfeit coin.
ELLIOTT— GUILTY . Aged 21.— Confined Six Months.
LADD— GUILTY . Aged 20.— Transported for Seven Years.
EDWIN COOK . I live in Abbey-place, St. John's Wood, and am a plumber. The prisoner was working for me at a house in the Acacia-road—we had to cut away some old pipe—I missed some the next morning, and said, in the prisoner's presence, that it was gone—we cannot find it—it was mine.
Cross-examined by MR. RIBTON. Q. You were to mend the pipe? A. Yes; we could not find where the pipe was burst—we cut this, to see where it was burst—it is not my pipe, only I had to account for the old materials.
GUILTY . Aged 29.— Confined One Year.
OLD COURT.—Wednesday, February 6th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice TALFOURD;
Mr. Ald. MOON; Mr. Ald. CHALLIS; and Mr. COMMON SERJEANT.
Before Mr. Justice Talfourd and the Third Jury.
418. JAMES BARTON , feloniously uttering a forged order for the payment of 15l., with intent to defraud John Camp Penn: also, feloniously uttering an order for payment of 20l., with intent to defraud Robert Slade: to which he
pleaded GUILTY . Aged 21.— Confined Twelve Months.
MR. HUDDLESTON conducted the Prosecution.
CAROLINE ELLIS . I live at 15, James-street, Haymarket. I am only housekeeper there; the house does not belong to me—I know the prisoner—he came to me on 2nd Jan.—he said he had a warrant in his pocket for Mary Smith—I said, "Well! what was that to do with me?"—he said he would take me as Mary Smith, if I did not give him 5l.—I said, "My name is not Mary Smith,' and you know that"—he said, "I will take you at Mary Smith, if you don't give me 5l."—I said, "I am sure you cannot do so"—he said, "You will see what I shall do"—he said, "I have a policeman outside, and I will take you"—I said, "Then you may take me; for I will give you no 5l., nor yet five pence: call in the policeman; I will go with him"—I did not think he had the policeman—he asked the servant to fetch a policeman; but he went to the door, and beckoned the policeman in—he came in, and he gave me in charge—he told the policeman he would swear I was Mary Smith—I distinctly told him, before the policeman, "You know that I am not Mary Smith"—I was then taken to the station, and was locked up—I sent for my solicitor—I have never gone by the name of "Mary Smith"—I never had anything to do with persons named "Twig," "Lane," "Wilson," or "Allen."
Cross-examined by MR. BALLANTINE. Q. What is your attorney's name? A. Mr. Fitzpatrick—I got out of custody by producing bail—I am still under bail, to answer the charge for which he gave me into custody—I do not know what the charge is; it might be for keeping a brothel—I have no notion of any other charge against me—I have not seen a copy of the indictment—I do not know what the charge is; I have not inquired—I do not know that I am under bail to answer a charge for keeping a brothel in the parish of St James—15, James-street, is in the parish of St. Martin—I do not understand what a brothel means—men and women come there—they both lodge there, and come there for a short time—I decline to answer whether I allow them to be in a room together—I had much rather not say how much they pay—I am not married—I am single—I have lived at this house three years—I have gone by the name of
Kirkman"—I was once married—my maiden name was "Weedon"—Mr. Kirkman is dead—I took the name of "Ellis," as many persons take a name when they disgrace themselves—I had no other reason for taking that name—I never lived with a person named Ellis—I merely took that name from liking it—that is the only name I have taken—on my oath I have never gone by the name of "Smith"—I am thirty-two years old—I have never been "Mrs. Smith;" not for a day, or an hour—I never answered to any one in the name of "Smith"—nobody lives in this house with me—any person named "Smith" visits me there—I am not acquainted with any gentleman of that name—I did not go before a Magistrate to prefer the charge against the prisoner—I left it entirely with my solicitor.
MR. HUDDLESTON. Q. Was the prisoner present when yoa went before the Grand Jury? A. Yes; he was standing at the door the whole time—he knew why I went before the Grand Jury—my maiden name was "Weedon" married a person named "Kirkman"—I have gone by the name of "Ellis" for seven years—I took that name, because I did not wish to keep up my husband's name any longer, to disgrace his name, or my children—I formerly lived as housekeeper at 16, Oxenden-street—for the last three years I have had nothing to do with any other house than 15, James-street—since I was taken into custody there have been two Sessions held at Clerkenwell—I have not been summoned to either of those—no steps have been taken against me since—I have never been out of bail.
MR. BALLANTINE. Q. Did you ever go by the name of "Watts?" A. I was called " Watty Ellis" the whole time I was at 16, Oxenden-street—a person had lived there previously, and I was called that for shortness—they all knew my name was Ellis, and I was called Ellis there—they call me Ellis now, and have done for three years—there are several persons who know me by the name of "Kirkman"—I am generally known by the name of "Ellis"—I have answered to no other name for seven years—I do not pay the rent of the house—it is not my house—I am only the housekeeper.
ELIZABETH TAYLOR . I live at 15, James-street, Hay market—Mrs. Ellis is the housekeeper of that house—I know her by the name of "Ellis"—I was there on 2nd Jan.—when Humphreys came there, he knocked at the door and asked for "Mrs. Ellis"—I am sure the name he asked for was "Ellis"—I showed him into the parlour where she was—he said be had got a warrant, and if she did not give him 5l. he would take her to prison, as he had a policeman outside—he said he would take her as "Mary Smith"—he said the warrant was for "Mary Smith," and he would take her in that name—she said, "You can't take me as" Mary Smith, "as you know my name is not that"—he said, "I will take you and lock you up if you don't give me 5l."—she refused, and then he went for a policeman and took her into custody.
Cross-examined. Q. What parish is your house in? A. St. Martin's—I am housemaid there—I have been so fourteen months—I came from Graves-end—my only position at this house is housemaid—I am paid wages as servant, 10s. a week and my food—I was not in service at Gravesend—I was in business for myself, as a dressmaker—I came to Mrs. Ellis through my sister-in-law, who was living there at that time as housemaid—she introduced me there—I saw Mrs. Ellis a week before I came—I came to her in London—I knew the sort of house I was going to—I had never seen Mrs. Ellis before—my sister is not living there now; she is living in town—I never lived in Oxendon-street—I have never known Mrs. Ellis out of the way—she was out for a little in the summer, but she lived and slept there, acting as mistress and receiving the money.
SEFFRIN HALKIN . I am an artist and cleaner of paintings—I happened to be in the house, 15, James-street, on the night of 2nd Jan.—I had business that called me there—I was in the parlour, speaking to Mrs. Ellis—the servant came into the room and said there was a man in the passage who had called twice or thrice—Mrs. Ellis asked me if I would be kind enough to walk into the next room (there being folding doors)—I did so—I had just got inside when the prisoner entered the room—I did not wish to listen to their conversation, and did not know anything about it till I heard him say, "I have a Judge's warrant for a Mary Smith"—she said, "Well, and what has that to do with me?"—he said, "Why, all to do; unless you give me 5l. I will swear you are that "Mary Smith," and I have got a policeman outside"—she said, "O, you villain!"—after a little hesitation he asked the servant if she would go and fetch a policeman—she refused to do so—I did not stop to see her given into custody, for I was very much terrified, and I opened the side-door and went out.
Cross-examined. Q. Which branch of your art were you pursuing at No. 15, James-street? A. I was recommended to Mrs. Ellis by my brother, to clean her paintings—they were prints, by Herring—I had only been in the house a few moments, and was just looking at the pictures—there was nobody in the room but Mrs. Ellis—I have never gone by the name of "Smith," or "Ellis," or "Watty"—I live at 34, Pleasant-place, Walworth—I am always to be found there—I work for some of the first persons—my brother is an artist of some note—he recommended me to Mrs. Ellis—two of the pictures were by Herring, and one by Van Wincomb, as they told me—I was not put into the room to listen—I was put there, I suppose, for Mrs. Ellis's convenience—I suppose she did not wish me to hear all the particulars of it—I had never heard of the prisoner before—I swear I did not go there for the purpose of being put there and being a witness afterwards—I have apartments in Pleasant-place, with my wife and family.
MR. HUDDLESTON. Q. How long have you lived there? A. Two months—I lived close by, at No. 5, Brook-street, West-square, for nine years—I am married, and have three children—I have been a picture-cleaner all my life—my father is an artist—I am employed by Mr. Ackerman, of Regent-street, and Mr. Ackerman, of the Strand, Mr. Fuller, of Rathbone-place, and others—my brother is single—he had so much to do at this time and asked me to do this—I did not go to that house for any other purpose than to look at the pictures.
Cross-examined. Q. Were you sent there by your inspector? A. No, I was passing the house—the prisoner called my attention to it before he went in, and said he had to give a woman into custody.
MR. HUDDLESTON. Q. Did he ask you to go in with him in the first instance? A. No; I first saw him a few yards from the door—he accosted me and said, You are the very man I want to see; 1 have a wild duck for you to take; you know what I mean," and then he gave the warrant into my hand—I looked at it, and he said, "If you will wait here a little while, I will go in and see if the party is there"—he did not ask me to go in with him—he was in about eight or ten minutes.
COURT. Q. Did he mention any name to you when he said he had some one for you to take? A. No; when I went into the house, he said, "This is Mary Smith, I give her in charge.
THOMAS WELLS (police-sergeant, C 1). I was subpoenaed by the prisoner before the Grand Jury at Westminster—he mentioned to me the names of the persons included in the indictment; one was named Twig, another Mary Smith, another Wooldridge, and another Gale—he did not tell me where the house was—after I had left the inquest-room be asked me what parties I had spoken to—I said, "Merely the Gales' and Wooldridge"—he said, "You must know that Mary Smith, a big stout woman, that was indicted before with Wooldridge for keeping a house in Clement's-lane "—that was I think on 23rd Nov.—I have an old warrant that relates to when this Mary Smith was indicted, in the name of Allen—when he described Smith to me, I said, "Do you mean Mary Allen that was indicted with Wooldridge, that big woman, because her name is Smith, I believe?"—he said, "Yes, that is the same woman"—I said, "She is now living in Shepherd-street, and can be taken at any time"—he said, "Well, I know where she is to be found, and you will be wanted another day"—I afterwards saw him when he came out of the station, after Mrs. Ellis was in custody—I said to him, "That is not Mary Smith that you named to me when at Westminster, quite a different woman altogether, she is as big again as her"—he said, "Oh, I know what I am about, it is the party."
Cross-examined. Q. I dare say you have been some time in the police? A. Fifteen years—it was at Westminster Hall where I had the conversation with the prisoner—there was only one bill preferred at that time; there were a number of names on it—I have not got the indictment here—I believe a person named Fitzpatrick, a solicitor, was standing there at the time at the station-house door—he came to me about it, and I then told him the conversation I had with the prisoner at Westminster—I had merely known Fitzpatrick by seeing him engaged in Courts—I never had any conversation with him before—I knew Mrs. Ellis when she was housekeeper to Mrs. Gale, in Oxenden-street—that house was a brothel; that may be four or five years ago; I have not seen her above once since—she then went by the name of Mrs. Ellis; that was the only name I knew her by—I never heard her called Watty or Kirkman—I never had her in custody—I have not been in the house in Oxenden-street—I was called to 15, James'-street on one occasion, about two years ago, about ten o'clock one night, and I then knew she was there; it was on my beat; it was respecting a neighbour next door who had annoyed them very much, and I was called to the door to know what they could do with her—I said all they could do was to apply to a Magistrate; I had nothing at all to do with it—I did not go into the house, I stood at the door—I had nothing to drink—I do not know that there were any parish officers before the Grand Jury at Westminster—I did not see any; none were called.
MR. HUDDLESTON. Q. Who were the persons there besides yourself? A. A man named Burnell was called as a witness, and a constable of the F division—the prisoner was the first witness called.
BENJAMIN COLLETT WILLIAMS re-examined. Humphreys gave me a warrant before I apprehended Mrs. Ellis—I kept it in my possession; and after the prisoner was discharged out of my custody, I returned it to Humphreys.
JOHN ANTHONY POOLE . I am clerk to Mr. Fitzpatrick, the attorney for this prosecution—I served a copy of a notice at 2, Lower Bland-street, Dover-road, where the prisoner lived—I was not able to serve him personally—Mr. Fitzpatrick is not here; he is ill in bed.
GUILTY . Aged 56.— Confined Eighteen Months.
NEW COURT.—Wednesday, February 6th, 1850.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. HOOPER; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
pleaded GUILTY . Aged 17.— Confined Twelve Months.
pleaded GUILTY . Aged 31.— Confined Two Months.
MORRIS pleaded GUILTY*. Aged 21.— Confined Twelve Months.
JOHN HARRIS PEARCE . I am assistant to Mr. Thomas Benn Sowerby, a pawnbroker, in Chiswell-street. About half-past ten o'clock in the morning, on 9th Jan., I was in the shop, and missed a coat which I had seen safe at nine—I went into the street, and saw the two prisoners together, walking down Finsbury-street—Morris had the coat, holding it up and looking at it—Green was by his side—they were walking away slowly—I went after them, and called "Stop thief!"—they then ran into the road, and dropped the coat—I caught Morris, and took him to the shop—I sent for a constable—an apple-woman picked up the coat, and brought it in—this is it—I know it by a private mark on it, and by the button-holes—I was going to Bunhill-row, to take the charge, and I saw Green; we took hold of him, and before we had said anything, he said, "I am not the one."
Green. I asked you what you took hold of me for. Witness. No; you said, "I am not the one."
Green's Defence. I did not go near his house; I was going along Bunhill-row; they came and took hold of me; I asked what they took me for, and he would not tell me; two gentlemen told them not to pull me about; I said if they would let me go, I would go quietly; I am entirely innocent.
GEORGE PAVETT (policeman, K 260). I produce a certificate of Green's former conviction at Clerkenwell, by the name of W illiam Holmes—(read—Convicted May, 1849, and confined six months)—he is the person.
GREEN— GUILTY . Aged 22.— Transported for Seven Years.
FOLEY pleaded GUILTY . Aged 13.— Confined Twelve Months.
RYAN pleaded GUILTY . Aged 1l.— Confined Four Months.
HALL pleaded GUILTY .
COX pleaded GUILTY .
Transported for Seven Years.
WILLIAM HOUGHTON . I am a paper-stainer—I live with my father, Joseph Houghton, in Prince's-court, Bethnal-green—I and my brother Henry keep pigeons in the wash-house, which adjoins the house. On the night of the 18th Jan. I saw the pigeons safe, at half-past ten o'clock—next morning, about eight, I went into the wash-house, and the pigeons were gone—the tiles were off the wash-house, so that a person could get in—the tiles are six or seven feet from the floor—at half-past ten, the night before, when I and my brother came out together, the doors were bolted, and they were bolted the next morning in the same way.
JOHN DUNNE (police-sergeant, H 48). I was on duty, in Tyson-street, on 19th Jan.—I saw the prisoner and another young man coining up Prince's court—the prisoner had a bag—I asked what he had got—he began to run—I ran after him, and be dropped the bag—I caught him, and took him and the bag to the station—I found sixteen live pigeons in it—I have two of the pigeons here—he denied knowing anything about them.
Prisoner's Defence. The policeman called, and I stopped; he came and took hold of me, and took me along the street; I there saw the bag; he asked me to pick it up; I said I did not know what it was; he took me and the bag to the station.
GUILTY . Aged 18.— Confined Twelve Months.
MR. BROWN conducted the Prosecution.
WILLIAM JAMES BROWNE . I am an importer and manufacturer of chicory, at 2, Moore-lane. In May, 1848, I had a fire at the premises which I then occupied, in Whitechapel, and where I kept my chicory—from thirty to forty tons of the chicory was saved from the fire, but it was charred externally, and it was removed to premises in Glasshouse-yard—before last Christmas, most of it was again removed to where I now have premises, but some was left in Glasshouse-yard. On 14th Dec. I employed Styles to remove some of it from Glasshouse-yard to some premises in Spitalfields—I suppose the quantity to be removed was about ten tons—it never was weighed—it was all packed in bags—I told Styles there was from eight to ten tons, and he made an agreement to remove the whole at 2s. a ton—I saw him again on the Saturday before Christmas day; he said the whole was removed, and I said if he would call on me, I would pay him for removing it—he told me he had completed it—he had commenced on the previous day—he told me that he thought the quantity was larger than I had specified to him—I told him I thought there was from eight to ten tons, but whatever the quantity was, I would pay him—I paid him a sovereign, a day or two afterwards—it was at
the rate of 2s. a ton—on 7th Jan. I went to the premises of Purkiss, in New Inn-yard—he showed me a small quantity of chicory, and some bags—they were the bags in which the chicory was that I told Styles to remove—there was a double cross, meaning the number, on them, and other marks of my own marking—I could swear to them—I then examined the chicory, and knew it from the quality of it—it was a foreign article, and a great number of pieces were charred by the fire—there was about a ton of it, and about thirteen bags—I then went to the station, and took an officer, and saw Styles in Moore-lane—I asked him how he became possessed of the chicory—he told me he had received instructions from a man of the name of Watson White to get it ground for him—I then went with him to Purkiss, and he stated that Styles had called upon him with a small sample of chicory, and said he had got about two tons, and wished him to purchase it, he said he could sell it very cheap, at 21l. a ton—he said he had declined to purchase it, and they had agreed that he should grind it for Styles; that he sent him half a ton for that purpose, and subsequently he sent him half a ton more, making a ton—he said that Styles said it belonged to him, and he would sell it him at 21l. a ton—I then gave Styles into custody—I afterwards went to Steward-street, St. Luke's—I there saw twelve or thirteen bags of chicory—I examined the chicory, it was my property—it was charred and burnt—the bags were strange bags, they did not belong to me—they had the name of "Butterfield" on them—there was about 25 cwt. of chicory there.
Cross-examined by MR. CLARKSON. Q. You bad not weighed it? A. No; it could not be weighed without great injury—when the fire happened in 1848, I lost, perhaps, a hundred tons of chicory—I recovered about forty tons—no portion of that was weighed—Styles is a carman, and keeps a marine-store-shop in Milton-street—I do not know whether his name is over the door.
JAMES FARMER . I am in the employ of Mr. Browne—I was on his premises, in Glasshouse-yard, on the Wednesday before Christmas, assisting in removing some bags of chicory from there to Spitalfields—Finn came there with a cart, and at different times that day he took away several bags of chicory—he took away thirty, thirty-two, or thirty-three bags—I was there helping to load the cart, and I went with him on each occasion to my master's premises in Spitalfields, and the bags were placed in my master's warehouse there—Finn came again, next day, with the cart; and I, on that day, assisted him in loading the bags, as 1 had done the day before—about thirty bags were put up then—on the Thursday, I left a man there while I went to Spitalfields—I left the premises open—Finn went with me, but a glazier was left there—the same thing took place on Friday and Saturday, but Finn did not take so many loads—he took two bags on the Friday, and on Saturday he came again, and took away about thirty bags—on each of these days I was loading my master's chicory into his cart—I was not on the premises all the time; I was only on the premises to load—I went away with the loads—the name of "Turner" was on the cart.
Cross-examined. Q. You never saw Styles in Glasshouse-yard at all? A. No—I do not know the name of the glazier who was left there—he is not here—he had had the keys of the premises in his own possession two days before I went, and what has become of him I do not know—about 109 bags were taken away altogether; I counted them after we carted them in—it was on Thursday I left the glazier with the keys, while I and Finn were carting away—on Friday and Saturday I was there, and if I had missed anything, I should have said so—I was not aware what the state of things was.
COURT. Q. Did you unload at Spitalfields all that you took from Glass-house-yard? A. Yes.
CHARLES JEFFREYS . I am in the prosecutor's employ. On 16th Dec., I was employed on his premises, in Glasshouse-yard, packing up chicory—I packed up 141 bags of chicory, which were left on the premises—the chicory was a good deal burnt and charred—the bags were my master's—there was one more particularly that I picked out, marked with a broad "M," it came in from Mr. Metcalfe's; and there was another bag I knew—these bags have been shown to me since, with some chicory in them, which was burnt—I am sure it was some that I had packed in the bags—I had handled some hundreds of tons of it—my master showed me the bags at Mr. Purkiss's.
CHARLES PURKISS . I am a coffee and chicory roaster, of New Inn-yard, Shoreditch. About Christmas, Styles came, and said he had got a sample of chicory to show me; he said he had got about three tons of it, and he could afford to sell it very cheap—he could sell it for 21l. a ton, or would I grind it for him—he said it was all foreign, and came from the docks—he said he would send me half a ton—in a day or two afterwards, Finn came, and said he had brought the chicory from Mr. Styles—he brought it in a cart, with the name of "William Styles, Milton-street" on it—I ground the chicory, and Styles came and saw it after it was ground—he said be would send me half a ton more, and he sent it a day or two afterwards—Finn brought it in the same cart—some of the chicory that was sent in on the first occasion was wet, I had to dry it before I could grind it—I did not grind any of that that came the second time, but it appeared to be the same—in a few days afterwards Mr. Browne came—I showed him the chicory that Styles had come and seen when it was ground, and I showed him the bags which Finn had brought the chicory in—after that Mr. Browne came with the officer and Styles—Styles then said he had had the chicory from a man of the name of Watson White—he had not mentioned that name to me before.
(Styles received a good character.)
STYLES— GUILTY . Aged 35.— Confined Six Months.
FINN— NOT GUILTY .
(There was another indictment against the prisoners, on which no evidence was offered.)
GUILTY .— Confined Twelve Months.
GUILTY .— Confined Twelve Months.
GUILTY . Aged 35.— Confined Six Months.
(There was another indictment against the prisoner.)
MESSRS. BODKIN and CLERK conducted the Prosecution.
GEORGE MARTIN (police-inspector, A). On 29th Dec, in consequence of information, I went to Mr. Harris's shop—1 received from him these parcels of paper which I produce—one of them has writing on it—I afterwards took
the prisoner—I asked if she had ever sold any paper to Mr. Harris, in Little Peter-street—she said, no; she did not know him, nor did she know his shop—on the following day, she said she had not taken the paper, but her husband brought it to her, and she sold it.
Cross-examined by MR. O'BRIEN. Q. Did she not say that her husband had brought it her, and she understood from him that it was his perquisite? A. Yes, she did.
GEORGE HARRIS . I keep a general shop, at 5, Little Peter-street, West-minster. I know the prisoner, and have bought paper of her at various times—these are the description of papers that she brought—I gave the officer the paper I bought of her—one parcel has writing on it—I cannot say whether I bought this the last time I bought paper of her—I paid her 2d. a pound—I may have bought about a quarter of a hundredweight of her—some of it has been used.
Cross-examined. Q. Who attends your shop? A. Myself, in general—I should say I had not bought any paper for a month previous to the officers coming—I had bought some six months before—I had bought this within three months—I have no private mark on it—I never bought any of this sort of paper from any one but the prisoner—my sister attends the shop when I am out—she might buy paper, but I think she would have told me if she had bought this.
FRANCIS GREEN . I assist my father, in the House of Lords—this is an appeal case in the House of Lords—this writing was made on it by myself in Oct. last, at my own house, and sent down to the House of Lords—these papers are made up in sets of six copies, to be deposited in the House of Lords—the judgment was endorsed on the other five copies in the same way as this is.
Cross-examined. Q. You wrote the papers in your own house, did you replace them where they had been? A. Yes—I cannot say what time I wrote them—I do not know when they went to the House of Lords, perhaps in two days after I wrote them—there were only six of this set of papers that I marked—they were with other papers—I had not left town before these were supposed to be taken to the House of Lords—I was in town—I heard that they were taken to the House of Lords on the day that they were taken—I did not see them taken—when I had written upon them I restored them to the place where they had been, and in the ordinary course of business I supposed they would be taken to the House of Lords—the room was cleared a few days afterwards—there were not a great quantity of other papers—perhaps three sets of six in each—I know these papers were in the House of Lords—I heard my father say they were there.
COURT. Q. You said you put them back to the place you took them from, where was that? A. On the table in the room I wrote them in.
WILLIAM ATKINSON GREEN . I am a clerk in the House of Lords. This paper has a judgment endorsed on it in my son's handwriting—I have seen this in the House of Lords since the judgment—the last time I saw it was about the latter end of Oct.—when these cases are brought to me in the House of Lords, they are placed in a room appointed for them—sometimes they are locked up—they are deposited there for public purposes—supposing any one wished to have one, it would be given out by me—I am the clerk in whose custody they remain.
Cross-examined. Q. Is there any writing of your own on this? A. None at all—there were six of these papers at my residence, marked by my son—there is the figure "1" on this piece of paper—there is nothing else to distinguish
it from the other five—I do not mean to swear that I saw this one paper—I saw the parcel, and I supposed the six were there—there had been only six marked "No. 1"—they are placed one on the other—there were others there—there were no more than six in any one bundle—they were all sixes.
MR. CLERK. Q. Do these papers come down to the House of Lords tied up in sets? A. They do—they are then placed on my table—this is "No. 1"—they are numbered as judgments are given in the House; the first is "No. 1," the second, "No. 2," and so on—the whole set were in this bundle, "No. 1;" my attention was drawn to this number before the case was brought on; I missed the whole set "No. 1"—the whole set was taken.
MR. O'BRIEN. Q. Did you count the number of papers in the bundle you saw?A. No, I did not; I will not swear that there were six; there ought to have been.
MR. BODKIN. Did you see the bundle?A. Yes; it was composed of six, and marked, "No. 1."
NOT GUILTY .
MR. COCKLE conducted the Prosecution
JAMES GARDENER (policeman, T 145). On 17th Jan., about half-past seven o'clock in the evening, I saw Kiff coming out of Mrs. Wilkinson's premises with a truss of hay on his shoulders—I followed him with it to Hallums private residence—I lost sight of him for two or three seconds—the next time I saw him be came out of the gate of Hallum's residence, and wished me good night, and he went in a direction towards Mrs. Wilkinson's again—I went and took a sample of the hay from Hallum's yard, and put it into my pocket—I waited three or four minutes, and Kiff came back with another truss on his shoulders—I asked him where he was going with that hay—he told me be was going to the Victoria with it—I asked him where he got it from—be said, "From the King's Arms"—I said that was impossible, for he bad not been gone long enough to go there—he then said a boy met him and gave it him—I took Kiff and the hay into custody—I did not see Hallum for nearly an hour afterwards—my brother officer asked him if he had sent a truss of hay that night to the Victoria—he said, "Yes"—he said, "Be sure"—he then said, "I have not"—we then proceeded to Hallum's residence, where I had seen the truss of hay deposited—I saw a truss of bay on the footpath, and Richards came to take it—previous to his coming to take it, I heard some one say, "All right."
Cross-examined by MR. BALLANTINE. Q. Where did all this occur? A. At Acton Bottom; I am on duty there—I have not been a farmer; I was a sailor—I saw a truss taken to Hallum's premises by Kiff, and I took a sample of it—I have not that sample here, I have the hay—I undoubtedly lost sight of that truss—I took the sample, and put it into my pocket, and about an hour afterwards I took possession of the truss—I took it to be the same truss—I really believe it to be the same, but I have not the sample here—I was ordered by the Magistrate to bring the truss—I produced the sample before the Magistrate—he did not tell me I was not to bring it here; the trusses are both here—Hallum is ostler at the King's Arms; it was not there that I found the truss, but in his own premises—Richards is ostler at the Victoria—I took Kiff with the second truss—I took a sample from that truss—I have not got that sample here, but I have the truss—after I took the second
truss from Kiff, I left it with a respectable man named Page; he is not here, and I do not know, except from him, what was done with the truss while it was in his hands—I had to take the prisoner a mile, and be attempted to escape—I could not contend with Kiff and take the truss.
DANIEL COVEY (policeman, T 196). I accompanied Gardener to Hallum's—I asked Hallum if he had given any hay to Kiff—he first said, "Yes"—I said, "Are you sure?"—he then said, "I have not"—this was in the yard of the King's Arms—I then went to Hallum's house, and when I came up to the gate there was a truss of hay outside the gate; Richards was going to take it up, and I detected him—there was a man in the yard of Hallum's house, and he said, "All right"—I think Richards was in the house at that time—I was on the other side of the road—Richards then came out, and took hold of the truss, and I took him into custody.
Cross-examined. Q. Have you looked at this hay?A. Yes, but I am no judge of such things—we have no man-servant—it is merely a house with a little garden—the bay is my mother's—I have not missed any hay; it is merely from the policeman's statement.
NOT GUILTY .
ROBERT GAMBLE . I am foreman to Mr. James Lanning; he is a Director of the Screw Steam Shipping Company. On 16th Jan., I was on board the City of Rotterdam, getting wool on board—I had occasion to go to the hold, and when I came back I saw the prisoner in the barge alongside—I asked, "Who is there?"—he said, "Only me"—I asked what he wanted—he said, "Nothing," he only came to see if the men wanted anything—I told him to go away, and the sooner he was gone out of the barge the better—he shortly after went into a boat alongside of the barge—I saw a second person with him; I called to know who it was with him, and the other party said, "It is only me"—they went on shore—after they were gone, I observed that one of the bales of wool was cut, and about a handful of wool was gone, and in the end of the bale there was another hole which I could put my hand and arm in—I had observed, when I called out to the man in the boat, that the boat moved faster—I went on shore, but could not find the prisoner—I went back to the boat, and found 6 1/2 lbs. or 7lbs. weight of wool in it—I did not compare that wool with the wool I was loading, but it appeared to be the same sort—there was room in the bale for quite as much wool as I found in the boat, or more.
CHARLES WALL . I am a lighterman in the employ of Augustus Robert Edmonds. On 16th Jan., I took a barge of wool alongside the City of Rotterdam—I left it while I went to tell Mr. Edmonds—the bales were all in good condition when I left; none were cut to my knowledge—my master was employed to put this wool on board.
Prisoner's Defence. I went to look for employment; the witness told me to go on shore, which I did.
NOT GUILTY .
PRESENT—Mr. Justice TALFOURD; Mr. Ald. WILLIAM HUNTER; Mr. Ald. SIDNEY; Mr. Ald. MOON; Mr. Ald. FINNIS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
433. OSWALD LAWRENCE , feloniously forging and uttering an order for the payment of 1l. 15s., with intent to defraud John Tubbing Brooks: also, an order for payment of 1l. 15s., with intent to defraud George Speedy: to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM DOYLE . I live at Batty's-garden, Back Church-lane. I met the three prisoners at a public-house in Rosemary-lane—I had five half-sovereigns and sixteen half-crowns in my right hand waistcoat pocket—I went with them to their lodging, and went to bed with M'Leau—I kept my waistcoat on—Willis came into the room while we were on the bed, and I saw her crunch out the light—when the light was out, they all three came into the bed—I got out of bed, and put on my trowsers—they said that I should stop inside, and one of them said I should pay the landlady 18d.—I said I would—the landlady came into the room, and I gave her a half-crown; my money was then safe—I told the landlady to go out and bring in some beer—the went out of the room, and then the three prisoners caught me and forced me down, and M'Lean took my purse from my pocket, while the other two held me—M'Lean caught me with her teeth on the finger and arm—I was off the bed, standing on the boards—they then got out of the room, and I ran down stairs, and called out for the policeman—I think it was something about three or four o'clock in the morning—I had had something to drink, but was not drank—I cannot say whether I was sober; I had drunk a few pints of beer.
Cross-examined by MR. PARRY. Q. What time did you first meet them? A. About twelve or one o'clock—I had not been out on the spree the whole day—I did not go out till after nine—I had no gin; nothing but a few pints of beer—I swear that—I was walking about Whitechapel from nine to twelve, or one, and then went into the public-house, the Blue Pig—that was the first I had gone into—I walked from Moses's up to Commercial-place, and then down again two or three times—I have never been married—I was sober—I had only drunk three pints of beer—I had them at the Blue Pig—I bad had supper at home before I went out—I drank nothing at supper—I had had no drink in the day—I had been working at home the whole day—I had earned the money I had in my pocket—I was employed at that time by Patrick O'Brien, a tailor—some weeks I earn 12s., 14s., 16s., or 17s., and so on—I do not often walk about Whitechapel in the evening—the purse and money have not been found—the policeman came while I was in the house, and the three prisoners were also there.
JAMES MABIN (policeman, K 99). I heard a cry of "Police!" and went to Victoria-place, Shadwell—I knocked at the door—it was opened by the landlady, and I saw the prosecutor in the passage crying—he made a complaint to me—I went upstairs and found the three prisoners, and told them they were charged with robbing the man of five half-sovereigns and one half-crown—they said he had but one half-crown when he came to the house, and
that he gave to the landlady—I asked M'Lean what money she had—she said, "A half-crown," and gave it to me—I then asked Miller what she had—she said, "Four half-crowns," and gave them to me—I then asked Willis, and she said at first she had no money—she afterwards said, "Policeman, I have six half-crowns," and I received them from her—I took them to the station—I searched the house very strictly, and found nothing more—the prosecutor appeared to have been drinking, but was perfectly aware what he was doing.
Cross-examined by MR. PARRY. Q. You were in your uniform? A. Yes.
NOT GUILTY .
Before Mr. Justice Talfourd.
435. JAMES MILES BOOBER, MARY MILES BOOBER , and JAMES MILES BOOBER jun., , feloniously having in their possession a mould on which was impressed the obverse side of a shilling:—2nd COUNT, the reverse side.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOSEPH SAUNDERS . I am a cow-keeper and milkman, and live in Britannia-street, St. Pancras. On Sunday, 13th Jan., the boy, James Boober,jun., came to me to purchase two eggs, and gave me a bad shilling in payment—Tyler immediately came in, and after marking the shilling I gave it to him, and he followed the boy immediately—the boy had given me his address on the 10th, "17, Field-street."
HENRY TYLER (policeman, A 412). On 13th Jan. I was watching the younger prisoner, and saw him go to Mr. Saunders' shop, and immediately after took him into custody, and took him to the station—I told him I should take him in charge for passing bad money, and asked him where he got the shilling from—he said his father gave it to him—I knew where he lived—after I had taken him to the station I went to 17, Field-street, which is a private house, and has two rooms, one on the ground-floor, and one above—I did not know that the other prisoners lived there—I found the prisoner James there in the upstairs room—there was a bed in the room, a shoemaker's seat, and tools—I told him I had taken his boy to the station for passing bad money—he did not make any answer, but went towards the window—I immediately seized him—he resisted very much, and me and my brother constable got him down to the front room, and then took him to the station—we came back immediately and searched the room—I found these two half-crowns, one shilling, and three sixpences (produced) scattered about on the floor—I also found in the pocket of a gown, hanging on the bed-rail, a sovereign, two half-crowns, and a shilling in a purse—they were good—I found a metal spoon, a small iron spoon, and a ladle, containing a small quantity of white metal, underneath the bed, which was on the floor—I also found a tin box, containing part of a plaster-of-Paris mould (produced.)
Cross-examined by MR. PRENDERGAST, JUN. Q. You did not know that the male prisoner lived there you say? A. No, I did not.
JOHN JESKINSON (policeman, G 53). I was present when the boy was apprehended in Britannia-street—he gave me his address, 17, Field-street—it was about half-past nine o'clock in the morning—about ten I went with Tyler, Gunn, and another constable, to the house in Field-street—the street door was open, and the parlour shutters closed—Tyler and I went up-stairs—Tyler took the male prisoner, and told him his boy was in custody—there was only a little boy in bed in the upper room in the house besides—the prisoner was taken down stairs—he made great resistance, and tried to get away towards the window directly he was taken—we got him into the parlour,
and while there the female prisoner came—I took her into the parlour, told her son was in custody for uttering bad coin, and told her to take her pocket off—she did so, and I found 6 1/2d. in good money in it—she asked me, in her husband's presence, to allow her to go upstairs, as she bad a child subject to fits, which was crying—I heard it crying at the time—I let her go up, and followed her—her husband remained down stairs—when she got into the room she went to the bed and leaned to the child, as though she was going to kiss it, and she instantly stooped and took a parcel from near the shoemaker's seat, and commenced rapping it violently on the floor—I saw several pieces of plaster-of-Paris and counterfeit coin come from it—they fell about the room—I and another constable seized her, and I saw Tancey take from her left hand a piece of a broken mould, and some counterfeit coin—I picked up this shilling (produced), which fell from her hand—she was taken to the station—I remained at the house, searched, and found in the room a counter—feit half-crown on the floor near the bed, near where she broke the parcel; also one shilling and twelve counterfeit sixpences, wrapped in a piece of paper—I found these two pieces of a mould on the floor—also this galvanic battery (produced), which had liquid, and a piece of zinc and copper in it at the time—I also found some silver-sand, some copper-wire, a metal spoon, a polishing-brush, two files, and a knife, all in the upper room—there was plaster-of-Paris on the knife and brush—I searched the man, and found on him five good sovereigns—that was as soon as I laid hold of him, before the woman came in.
Cross-examined by MR. PAYNE. Q. Did not the woman come out of the street? A. Yes, without her bonnet—she came in while we were getting the man down stairs.
WILLIAM TANSEY (policeman, G 220). I went to this house, and when the female prisoner went up stairs I immediately followed her—I saw her beating a parcel on the ground, and saw some coin and a portion of a plaster-of-Paris mould come apparently from the parcel—I produce thirty-seven shillings and eleven sixpences, all counterfeit, and a portion of a plaster-of-Paris mould, which I found in the parcel in the woman's hand—I took her to the station—she went quietly.
COURT. Q. Did you find the portion of the mould in her hand? A. Yet, and the coin also—the parcel had broken—they were in her left hand—she had not them in her hand when she went up stairs—she got them from under the bed.
JOHN GUNN (policeman, A 401). On Monday, 18th Jan., I went to this house, 17, Field-street—under the bed in the upper room I found a counterfeit half-crown, two counterfeit shillings, and a sixpence, wrapped up in paper together—in a box in the room, where there was female wearing apparel, I found part of the galvanic battery—it has copper on one side and zinc on the other—in the cupboard up-stairs I found another galvanic battery, very nearly worn out, and a paper containing half-a-crown's worth of copper in good money, and two good half-crowns.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint. have seen the coin produced by the officers—they are counterfeit—there are four counterfeit half-crowns—this one found in the woman's pocket is of the same pattern as the others, and they agree with the genuine one—there are marks on the genuine one which I find repeated on the counterfeits—these spoons are Britannia metal, which is used for the purpose with a mixture of bismuth, or some metal of a hard substance—there is a mixture of something in the ladle beside this—the coins are formed of metal of that description—I have looked at the galvanic battery, and a bottle of liquid, which smells very
strongly of acid—they are things used in giving a silver appearance to coin or other articles—the files, brush, and knife, bear marks of having been used with the plaster for preparing the mould—they are all such things as might be used in making counterfeit coin—these moulds are the two reverses of two different shillings, of 1816 and 1819—on two of the shillings produced I find two very minute marks over the crown which I find on the shilling of 1816, but not the 1819; there is nothing by which I can tell that—there is enough left of the mould to enable me to say that it was calculated to produce a shilling—here is a good shilling of 1816, that I have picked out just now from among the bad money, and I have no doubt it is the shilling which formed the mould in which the bad ones were cast.
(MR. JUSTICE TALFOURD was of opinion that there was no case against the younger prisoner, and directed him to be ACQUITTED .)
MR. PRENDERGAST, JUN., called
JAMES MILES BOOBER, JUN . (the prisoner.) I am eight years old. I remember the policeman coming to my father's house, 17, Field-street—I was at home then—my father was in Plymouth a fortnight before Christmas—he came home on the Friday night before I was taken on the Sunday morning—he had been more than a week away, I think four Sundays—there are two rooms in our house—a man named Dixon stayed there while my father was away.
MR. PAYNE. Q. Have you lived at home a good while? A. Yes; my father and mother live together, and slept together, except when he was out of town.
Cross-examined by MR. BODKIN. Q. You know Mr. Saunders', where you passed the bad shilling on Sunday morning? A. Yes; I was there on the Thursday morning before—Dixon sent me—Mr. Saunders said the shilling I then gave him was a bad one—I did not tell him that my father had sent me with it, and that he was a shoemaker, and lived at 17. Field-street.
COURT. Q. How long have you been living in Field-street? A. I think six months—Dixon came the week after father went into the country—he slept upstairs—I and my mother slept in the bottom room, on the chairs—us had a little bed—I have not seen Dixon here—he used to give me halfpence and pence, and I used to fetch his errands—I took the shilling on Thursday to Mr. Saunders from Dixon, for his milk—my mother was gone to the doctor's with my little brother—my father gave me the shilling that I took on the Sunday morning—be took it off the window-ledge, where Dixon worked—I never saw anything done with these things; I am sure of that.
MR. BODKIN re-called
JOSEPH SAUNDERS . I remember the boy coming on the Thursday morning—he bought a pint of milk, and paid me with a bad shilling—I asked him who gave it him—he said his father—I asked him where he lived, and what trade his father was—he said a shoemaker, at No. 17, Field-street.
(MR. JUSTICE TALFOURD directed the Jury, this being a charge of having illegal possession of a mould, that if they were of opinion there was reasonable evidence of the prisoners being man and wife, to acquit the woman, as she could not in law be said to have any possession separate from her husband, unless they were satisfied that the criminality was on her part alone, unknown to the husband, when, of course, he must be acquitted; but there being in law no joint possession of husband and wife, both could not be convicted.)
MARY MILES BOOBER— NOT GUILTY .
JAMES MILES BOOBER— GUILTY . Aged 43.— Judgment Respited.
(The male prisoner handed in a letter, in proof of his being at Plymouth on the 1lth, about which the COURT directed inquiry to be made.)
(MR. BODKIN offered no evidence.)
NOT GUILTY .
437. JAMES CLEMENTS , breaking and entering a building within the curtilage of the dwelling-house of Charles Chapman and another, and stealing 4 1/2 bushels of pears, value 14l.; his goods; having been before convicted.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
THOMAS FRANCIS . I am in the employment of Messrs. Chapman, of Brentford-end Isleworth, market-gardeners. I had charge of their fruit-room, which is a building a little way from the house, and is part of the premises. I was there on the morning of 25th Dec., about eight or nine o'clock—there were some pears there—I went again next morning, about eight or nine, and missed four or five bushels of pears—the door appeared to have been opened by an iron instrument; it was forced open—it was safe the day before—the pears were of three different kinds, the Bura Rance, the Neplus Meuris, and the Nelis Diver—I afterwards saw some at the station at Brentford, and they exactly corresponded with those I missed—they were of two kinds—I produce a sample, which I brought from home.
CHARLES CHAPMAN . I am in partnership with my brother as marketgardeners, in the parish of Isleworth. On 26th Dec., I received information about my pears being lost—on 15th Jan., I accompanied inspector Brown to Mr. Pullen's, in Farringdon-market, where some pears where shown me—to the best of my belief they were part of the pears I had lost—the value of those I lost was at least 15l.; they were of three different kinds, and those I saw at Mr. Pullen's were of the same three kinds—my fruit-room a shed erected in the yard against the garden wall; it is enclosed within the premises.
Cross-examined by MR. BALLANTINE. Q. Do you know of these pears having been on your premises, or were you only told it?A. I know it from having seen them for some months—I had last seen them about a fortnight before—I have ascertained that they are missing—the price of these pears is well known to dealers—the price I put on them is not a high price—a person not acquainted with them might not suppose they were so valuable—a fruiterer would know they were worth that money if they came to market in their proper condition; but if they were in a worse condition, they would be reduced in value.
WILLIAM ROBERT PULLEN . I am a fruiterer in Covent-garden and Farringdon-markets. On 26th Dec., between eight and nine o'clock in the morning, a person, who I believe to be the prisoner, came to my place, and after looking at some apples outside, asked me to purchase some pears—not thinking, from his appearance, that be had any worth purchasing, I said, "No"—he said, "You had better come out and look at them"—I did so, and they appeared in very bad condition, on account of their being badly packed, and the frost had taken them; they were in fish baskets—I should say there was between three and four bushels—I said I would have nothing at all to do with them, they were in so bad a state—be followed me into the shop, and said, "Will you not bid me anything for them?"—he asked 4l.—I said it was a sin to see such good things so badly packed, for they were quite destroyed from the way in which they had been brought to London—after a time, I said I would give him 30s. if only a small portion of them came good—he said he would not take that—I said, "Well, I will not give you more, and if you leave the place for one moment, I will not even give you that"—he asked if I would give him 5s. more—I said I cared so
little about them, that I did not care whether I had them or no—he said, "Well, you shall have them"—I paid him the 30s.; he brought the baskets in—when I was about to unpack them, he said he would call another day for the baskets; he did not call—Morgan, my servant, was present at the purchase—I sent him to take the man's name—these produced are some of the pears.
Cross-examined. Q. How many did you deliver up?A. I have all of them by me now; I only sold about half-a-peck—I did not notice how the man was dressed—I was talking to him perhaps five or ten minutes—I could not swear whether he had a hat or cap on.
JOHN MORGAN . I am assistant to Mr. Pullen. On 26th Dec., I recollect a person coming; it was the prisoner; I have no doubt whatever about him—I was present at the purchase—in consequence of what my master said to me, I went and looked at the name on the cart which the prisoner had with him, and I put it down in a book—I have not got it here, but it was "James Clements, general dealer, Isleworth, Middlesex"—he was dressed in a blue pilot coat, a pair of cord trowsers, a blue apron twisted round his loins, and a cap—I went to Brentford on 17th Jan., and there identified the prisoner.
WILLIAM BROWN (police-inspector.) I received information of the robbery on 26th Dec., and made inquiry, but ascertained nothing respecting it until 15th Jan., when I went with Mr. Chapman to Mr. Pullen—Morgan gave me a description of the person, and handed me a paper—the prisoner answered the description he gave me; he resides at Brentford; I have known him about twelve months—he used to wear a blue coat, a cap, cord trowsers, and a blue apron—he is a fishmonger, and hawks fish about.
GUILTY .— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution.
ELIZABBTH RAE . I am the wife of James Scott Rae, and live at 12, Griffin-street, Shadwell. I know the prisoner; he keeps a sailor's boarding-house next door to us—early in Dec., he brought me a note for 2l. 5s., purporting to be signed by David Fotheringham—I have no doubt this is it (produced)—I cannot read writing—he asked me if I could get it cashed for him—I said I would if I could—I asked if he was sure it was all right, and was the man safe on board—he said he was—I took it to Mr. Sanderson, and be cashed it for me, and I gave it to the prisoner—he came again some time after with another note, this is it (produced), and asked me just in the same way to change that—I then asked him if the other man was gone on board, and he said, "Yes"—I got Mr. Sanderson to cash that also.
Prisoner. Q. Did I not tell you that the man owed me 10s., and he was at work on board the ship?A. When Mr. Sanderson had told me the note was bad, not before; you said I should not be at the loss of it—you offered me your I O U for it, when I gave you the money for the note—I said that was of no consequence between you and me, if the man was safe on board—I gave you 2l. 2s. 9d. out of the first note; I took 2s. 3d. for discount.
WILLIAM SANDERSON . I am a licensed victualler, at 29, High-street, Shadwell. On 5th Dec. I cashed this note for Mrs. Rae, and on 14th Dec. I cashed this other—(These being read, were advance notes, and for 2l. 5s
payable to the order of Christian Francis, at Mr. Charles James', 8, Billtiter-street, three days after the ship Competitor had sailed, and signed David Fotheringham, commander; and the other for 1l. 15s., payable to John Williams, at Messrs. Griffin's, White Hart-court, Lombard-street, three days after the ship Sylph sailed, signed William Hayward, commander"—I went to 8, Billiter-street, and found a Mr. George Jones, but no Mr. Charles Jones—I also went to 1, White Hart-court, but found no Mr. Griffin—I found a Mr. Griffith at No. 2.
ARCHIBALD GRAY . I am clerk to Mr. George Jones, of 8, Billiter-street, a ship and insurance broker. He has nothing to do with the ship Competitor—no such person as Captain Fotheringham is known at our office—there is no Mr. Charles Jones in Billiter-street.
WILLIAM TWEEN . I am clerk to David Halkett, of 19, St. Helen's-place; he is agent and broker for the ship Competitor—David Fotheringham is the master of that vessel—she sailed about 25th Sept—I am acquainted with Captain Fotheringham's handwriting—this note is not his—the shippingnotes, if there were any, would be paid at our office—we always have advice from the ships, if there are any—I have no information of any Christian Francis being on board the Competitor.
Prisoner. Q. Was the captain in want of a mate at the time the vessel went away?A. I do not know—the masters choose their own mates—I do not know that the ship went off to Gravesend without a mate.
COURT. Q. Is Captain Fotheringham in this country now?A. No; he is absent with another vessel—the Competitor was lost—I speak positively to this writing not being his—I have often seen him write checks—it is a very bad imitation.
HENRY DAKIN . I am clerk to Nebemiah Griffith, ship and insurance broker, of 2, White Hart Court. He has nothing to do with the Sylph—I know no Captain William Hayward—there is no other person named Griffith in White Hart Court.
JOHN CAFFARY . I am assistant to Mr. Morriss, a ship and insurance broker; he is the broker of the Sylph—George Hayward is the captain, not William—she sailed about the middle of Dec.—I have seen Captain Hayward write—this is not his writing, and the Christian name is not the same.
SARAH MEYER . I live at 5, Spencer-street, and used to discount seamen's notes. I have known the prisoner ten or twelve years, and have discounted hundreds of notes for him—I always took written security, which gave me a knowledge of his writing—I believe the whole of this note to be his writing—I picked it out from others—this other note, signed "Hay ward," is not his writing—this "Christian Francis" does not look like the prisoner's writing, but the note itself I think is.
Prisoner. Q. What have yon seen me write more than my name?A. I have seen you write "I O U, Mrs. Meyer,£1 15s., or £2 5s."
WILLIAM CHARLES POTTER (policeman, K 212). On 15th Jan. I went to the prisoner's house in Shadwell, and asked if he was at home—his wife said "No"—I was in plain clothes, but that was my beat, and they had known me some years—I forced my way into the parlour, and saw him—he could hear what his wife said—I showed him these two notes, and asked him if he gave them to Mrs. Rae to get cashed, and said I must take him into custody for uttering them—he said, "I got one from a lodger who owed me 10s."—I said, "What about the other?"—he made no reply—I said, "Most boarding-house masters keep a book, have you one?"—he said, "I
did not enter him in the book, be only lodged with me two or three days"—he had a book—I saw it.
Prisoner's Defence. A man owed me 10s., and said, "As soon as I get my note, I will pay you;" he afterwards brought it to me, and I took it to Mrs. Rae, to get it cashed; I received the second note from a shipmate, who asked me to cash it for him; it could be no benefit to me to forge them, because I had given her my "I O U" for them.
COURT to MRS. RAE. Q. How long had the prisoner lived next door to you?A. Eight or nine months; he was there when I came—I do not think a person would take these seamen's notes in business—I had a friend cashed this for me—the prisoner lived there when he was taken—I have seen ten or twelve boarders at the prisoner's house in summer time—sometimes a man would owe 1l. or 30s., and we got these notes changed, and gave him the difference.
MRS. MEYER re-examined. I can positively say two men gave him the false notes—I have seen false notes given to him.
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
THEOPHILUS BENTON . I live at 14, Pearson-street, in the parish of Shoreditch. The prisoner was my servant, and left about a week before Christmas, saying she had broken her arm; but I have found out that that was not the case—on 17th Jan., about twelve o'clock, she came to see the children, and left between five and six—next morning my man brought in from my chopping-house a box which had contained my money—I immediately missed the box, which I had seen safe six weeks before, containing four 10l.-notes and two sovereigns—we found the prisoner that evening at home, in Sidney-street, Commercial-road, where her mother and sister lived—the officer went in first in plain clothes, and let me in—I said, "Ann, you have robbed me"—she said, "Me! I have not done such a thing"—I told the officer to search—she said to him, "Officer, can I speak to my master?"—h said, "You can if I am present"—she said, "I hope you will not hurt me if I give you up the money?"—I said, "I will be as lenient as I can to you with the Court"—she gave me ten sovereigns and 15s.—I gave it to the officer—I saw him search the cupboard—the prisoner and her sisters were all huddled together round the cupboard—I searched the cupboard, and found in it these two 10l.-notes (produced) which I identified, having told the officer the numbers of them before—the box had been kept in another in my bedroom, which I found still locked—somebody must have unlocked it and locked it again.
Prisoner. My master said if I told the truth he would forgive me, and I did tell him the truth. Witness. I did not promise to forgive her; I said it was out of my power.
THOMAS ZINZAN (policeman, N 67). I went with Mr. Benton to Sidney-street, and found the prisoner and two sisters, her mother and brother—I went under an assumed character, saying I had come from the gentleman who knocked her down about the surgeon's bill, and the prisoner came out from a dark passage—I then said I was a policeman, and had come to apprehend
her for robbing her late master—I then let Mr. Benton in—when the search was half over, the prisoner said, "May I speak to ray master?"—I said, "Yes, but you are a prisoner, and I must hear it"—she said, "Master, will you forgive me if I give you all the money I have got?"—he said, "I can't now, you are in the hands of the police, but I will be as lenient as I can before the Court"—she gave him ten sovereigns and 15s.—I did not feel satisfied, and was pretending to search, but was really looking to see what they were doing—I saw a hand move, as if throwing something towards the fire, or into the cupboard—I sent the prosecutor to the cupboard while I kept the females back, and he picked up a bit of paper, in which was these two 10l.-notes—I had previously searched every corner of the cupboard—I found blankets, shoes, and stockings, all new; also some articles which had been taken out of pledge.
GUILTY . Aged 18.— Transported for Seven Years.
(The prosecutor stated that she had been robbing him for four or five months, to the extent of 60l.)
NEW COURT.—Thursday, February 8th, 1850.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. RECORDER; Mr.
Ald. MOON; and Mr. Ald. CARDEN.
Before Mr. Recorder and the Sixth Jury.
GUILTY .** Aged 30.— Transported for Ten Years.
GUILTY .— Confined Three Months.
MARY ANN NEAVE . I live at 15, Nelson-street, in the parish of Stepney. On the evening of 4th Jan. I was in the area in the front of my house, between six and seven o'clock—I saw a man knock at the door of No. 16, and peep through the key-hole—I went in and shut the area door—I then heard the door of No. 16 open, and heard footsteps in that house in a direction from the passage towards the kitchen stairs—in about ten minutes I heard the door of No. 16 close—I got a chair, stood on it in the area, and saw a man bring something out of No. 16—he put it down in the road and folded it up—I thought it was a very large carpet—he went with it towards the New-road—I found a hat near the door of the house, and I sent my son for a constable—I then heard the steps of two men in No. 16, and told my son and the officer.
JOHN LINGARD NEAVE . I live with my mother at 15, Nelson-street. On 4th Jan. I went for a policeman—I went to the back of No. 16 while the officer went to the front—I then went round to the front and saw the officer talking to the prisoners—when I came to the door they made towards the kitchen—we followed them down there, and a key was thrown in the ashes—we took the prisoners to the station—on the following Sunday I found this key on the ashes, but on the Friday night I found in the kitchen this key,
which opens the street-door of the house—the prisoners were in the kitchen when I heard the key fall.
JAMES PYE (policeman, K 111). On 4th Jan. I went to the front door of 16, Nelson-street—I heard some persons whispering within—I then heard the bolt of the door drawn, and Stevens looked out—I put my foot in the doorway to prevent any one shutting it—I said, "What do you do here?"—they made me no reply; but the third time I asked Stevens answered, "What is that to you?"—I said I wished to know what they did there, and who the landlord of the house was—Stevens turned to the other prisoner and said, "Mr. Green, here is a pretty thing, the policeman wants to know what we do here"—he said, "Mr. Green is master of the house, to be sure"—I said I did not feel satisfied with that, and called to the persons next door to bring me a light—the prisoners then made towards the back door, but they went down in the kitchen—I followed them, and heard something fall, which sounded like keys—Mr. Neave brought me a light—I then saw who the prisoners were, and took them to the station—I saw Mr. Neave take this skeleton-key off the stove, it opens the street-door very easily—this other key was found on the Sunday—I saw this cloth, which appears to be a table-cover, lying on the floor in the passage near the parlour-door—I laid it on the parlour table.
JOHN DUGUID . On the night of 3rd Jan., I slept at 16, Nelson-street, Stepney—I slept several night there to protect the furniture and take care of the house for Mrs. Jarvis; the furniture was hers as far as I know—at the time I left the house on 4th Jan., there was a large chimney-glass in the front-room, and a large carpet at the back of the door—after the prisoners were apprehended, I went to the house, and missed the glass and carpet—I saw this cloth on the parlour-table; it had been in the kitchen—the glass was worth about 7l., and the carpet about 2l.—they were certainly worth more than 5l.—when I left the house on the Friday morning I went over it to see that everything was correct—this cloth was then in the kitchen, and I saw it on the parlour-table between ten and eleven o'clock that night.
ABEL GIBBONS . I live at 13, Leman-street, Whitechapel; Mrs. Jarvis is my daughter; her husband's name is James William Jarvis—I had taken 16, Nelson-street for her with her sanction, and her furniture was placed in the house—we commenced rent at Christmas—John Duguid had occupied it a short time to take care of the furniture for her—she, on behalf of her husband, was tenant of the house, and had furnished it.
Evans' Defence. On the Friday night, this prisoner was selling books and almanacks in the New Road; he asked me if I would have a pint of beer, and in coming out, a young man asked him if he wanted a job; he said, "Yes," and we went to the house; he then asked him if he could carry a sofa; he said, "No," but perhaps I could; he then asked him if he could carry a feather bed; he said, "Yes;" there came a knock at the door, and the officer came; he wanted to get the goods out of the house unknown to his landlord.
EVANS— GUILTY . Aged 27.
STEVENS— GUILTY . Aged 24.
Confined One Year.
MR. M'MAHON conducted the Prosecution.
on Saturday evenings from five o'clock till twelve, and on Sunday mornings till about twelve—he had his tea and supper on Friday night, and I allowed him to take borne about 11b. of chop or steak to his wife—on Sunday morning he had his breakfast, a joint of meat, and 1s. 6d., and 3d. for drink—on the morning of 27th Jan., I gave him two ribs of beef for his Sunday dinner; he took them away—I afterwards went to his house, and found this piece of meat; it is the middle cut of a brisket of beef—I had not given it him; the policeman brought it away—the prisoner was then at my shop, and I gave him in charge—I sent him that morning from my shop in Bedfordbury to my shop in Drury-lane with a tray and two ribs of brisket; this is one of them—his own joint was in it—when I gave him into custody, he said he intended to pay me for it—he had no authority to take any meat, only the steak on Saturday night.
Cross-examined by MR. COCKLE. Q. How long had he been with you? A. Two years; I had confidence in him—he said he weighed this piece, and it was 1 3/4bs.—the weight of the two ribs was about 41bs.—I found it in a pie-dish on a shelf where there were other articles.
WILLIAM JACKSON (policeman F 78). I went with the prosecutor to the prisoner's house on 27th Jan.—I there found this piece of beef, which I took away; I weighed it, it is 2 1/4 lbs—I took the prisoner—he said he should have told Mr. Burrows of it, and he should have paid him for it when he settled; that he had weighed it, and it was 1 3/4 lbs.
COURT to MR. BURROWS. Q. How came you to go the prisoner's house? A. From information I received from a woman who has charge of my other shop, and takes the money.
NOT GUILTY .
THIRD COURT.—Thursday, February 7th 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. SIDNEY; Mr. Ald.
FINNIS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Seventh Jury.
445. ELLEN ANDREWS , stealing 1 sheet and 2 shirts, value 4s.; the goods of John Murphy: and 1 petticoat, 1s.; the goods of Mary M'Auliffe: also, 1 gown, 1 pocket-book, and 1 shift, 4s., and 1 half-crown, and other moneys; the property of George Curtis: having been before convicted; to which she pleaded GUILTY . Aged 21.— Transported for Seven Years.
446. JOHN CHALKLEY , stealing 1 saw, 2 chisels, 4 gimlets, and other tools, value 1l.; the goods of Basil Dixon and another:also, 1 pair of reins, 1 bridle, and other articles, value 10s.; the goods of Samuel Constant: having been before convicted: to both of which he pleaded
GUILTY .— Transported for Seven Years.
JAMES ABRAHAM SMITH . I am a lighterman, of Queen-street, Hammersmith. This blanket and gridiron (produced) are mine—I lost them on 30th Jan., from the cabin of the barge Thomas—I had seen them safe the same afternoon—in consequence of information I went to Richard Cranston's, and said to him, "You have sent one of your boys aboard my barge," and "stolen a blanket"—he said he had done no such thing; he had but one blanket in
his room, and that was his own—I looked over the room, and found two, of which this is one—I said, "You have been carrying on this game a long time; I have a good mind to have you locked up"—he said, "Don't do that, and I won't do it any more"—in the room I found this gridiron, which had been with the blanket—I then went to his daughter's house, and found the prisoner William—I asked him how he came to take the blanket—he said he did not know—his sister said, "Tell Mr. Smith the truth"—he then said be took the things home, laid them on a chair, and told his father he had got them out of a barge—the father then came in, and said, "You young b—, I will cut you in half; did I tell you to take it?"—the boy said, "Yes," four or five times—I sent for a constable and gave them into custody.
Richard Cranston's Defence. When he asked me if the boy had brought a blanket, I said I was not aware of it, if there was, it did not belong to me; it was not in the house when the boy came in.
WILLIAM CRANSTON— NOT GUILTY .
RICHARD CRANSTON— GUILTY . Aged 58.— Confined Three Months.
GUILTY . Aged 23.—Recommended to mercy by the Prosecutor,— ConfinedFour Months.
EDWARD DOWNING (policeman, B 46). On Monday night, 21st Jan., about twenty minutes to eight o'clock, I saw the prisoners together in Sloanesquare—Barnes had this bag (produced), with something in it—they went to the corner of George-street, and then separated—I followed Barnes, stopped him, and asked him what he had got—he said, "This man (pointing to where Dean was standing) gave them to me to carry for him"—I afterwards opened the bag, and found these two carriage lamps (produced)—1 knew Dean before, and am sure he is the man—he was gone when I returned from the station.
Cross-examined by MR. O'BRIEN. Q. They separated before you came up?A. Yes; they walked about 200 or 300 yards together—I did not see Dean for three or four days afterwards—I did not inquire of any one as to who had been with Barnes that night—I knew who he was—when I came back from the station, I just went to look at George-street; it was in much less than an hour's time—I was not more than ten yards from the when they separated.
WILLIAM MASON . I am a hackney-man, and live in the New-road, Sloane-street. These two lamps belong to my cab—they were safe on 21st Jan., about seven o'clock in the evening, in the cab, at my door, in the mews about 400 hundred yards from where Barnes was taken.
Cross-examined. Q. Do you own the cab? A. Yes; it was in the road—I have no yard.
MARK LOOM (policeman, B 11). I took Dean—I knocked at the door, and called, "Fanny"—I knew a person named Fanny lived there with him—I looked through the door, and saw them both there—the prisoner put on this trowsers, and tried to escape out of the window, I called out, "Constable,
stand against the window!"—the prisoner then came to the door—I told him the charge—he said he could prove he was out that night collecting linen for his mother.
Cross-examined. Q. You were looking through the key-hole of the door in the passage? A. Yes; the street-door was open—the prisoner opened the window in the ground-floor leading into the court—two other constables were in the court.
ALFRED TAYLOR (policeman, B 86). On the Monday, a week before I was at the police-court, about a quarter-past six o'clock in the evening, I saw both the prisoners together in Vauxhall Bridge-road, going towards Grosvenor-place.
Cross-examined. Q. Might it not have been a fortnight before they were at the police-court? A. No; I did not write it down—I was examined nine or ten days after—I watched them half an hour—I know it was Monday, because I was on duty in the Vauxhall-road—I was not on duty there the week before—I commenced duty there on the day in question—I was on duty in the same place on the Tuesday—I had before been on night duty in another part—that was the first time I went on day duty.
DEAN— NOT GUILTY .
BARNES— GUILTY . Aged 21.— Transported for Seven Years.
ALFRED TAYLOR (policeman, B 86). On 23rd Jan., about half-past five o'clock I saw the prisoners in the Vauxhall Bridge-road—I knew them before—they turned down Wheeler-street—I stopped at the corner—they made a pause at the coal-shop, a little way down, and Blanchard reached something from inside the shop—it was bright copper—Hayes was by his side—they ran away, and I saw Blanchard pass something to Hayes—I caught Blanchard, told him what I took him for, and he said I was wrong, but he would go with me—we went back to the shop, and found the scoop was gone—I took Hayes about a week after, and told him what for—he said he was at work at the gas factory on the day in question.
HENRY WILLIAM BURTON . I am a coal and potato-dealer, in Vauxhall-road. In consequence of what Taylor told me, I went into the shop, and missed a copper scoop, which we use to weigh potatoes—I had seen it safe, I think, about an hour and a half before.
BLANCHARD— GUILTY . Confined Twelve Months.
HAYES— GUILTY . Transported for Seven Years.
—I produce a copy of the register, which I have compared with the register at the parish (read.)
The prisoner put in a written defence, stating that about fourteen months since, his wife left him, and stripped the place; that she had told him several times that she would leave him, and he might marry again; that he made inquiry of her relations; they knew nothing of her, and he thought she was dead.
GUILTY . Aged 23.— Confined Two Years.
(The mother of the first wife stated that the prisoner had used his wife very ill, and had nearly starved her three times, for which reason she left him.)
WILLIAM THORN . I live with John Bussell, a cheesemonger, in Salisbury-street, Portland-market. On the Wednesday afternoon, before I went before the Magistrate, between one and two o'clock, I saw the prisoner in Little North-street, which leads into Salisbury-street—I saw him take a pair of steps which were leaning against Mr. Bussell's house, and carry them off—one of his companions called out "Bobby, the police!"—he then threw them down, and ran away—I saw him running through Paul-street, and pointed him out to the police—I knew him before; I had seen him about the street.
Cross-examined by MR. PAYNE. Q. Were there not several other lads playing about there?A. Yes; I dare say the prisoner had been playing there half an hour.
HENRY SAWYER (policeman, A 353). I was going by Salisbury-street, and saw the prisoner with the steps—another boy called out "Bobby!"—he dropped the steps, and ran away—I caught the prisoner in Alpha-road—he said he did not mean to steal them.
Cross-examined. Q. Are you quite sure it was the prisoner you saw with the steps? A. Yes; I dare say I ran three miles after him—I was very nearly done up—when I came out of Mr. Bussell's shop he was at the further end of Paul-street, which is some length—I am sure he is the boy.
NOT GUILTY .
GUILTY of an Assault . Aged 25.— Confined Six Months
MESSRS. RYLAND and PLATT conducted the Prosecution.
DANIEL RICHARD HARKER . I am one of the criers of this Court. I was on duty in the Old Court on Tuesday, and heard the trial of M'Kenna and Ryan—I remember the prisoner being called as a witness for the defence—I administered the oath to her—the Recorder and, I think, Mr. Ald. Carden, presided.
I was present at the trial in question on Tuesday—a person called Ann Lane was called as a witness—I took the notes of the evidence, and have the original here—(read—see page 383)—at the end of the case, the prisoner said, "I am innocent; I defy the prosecutor to prove what he has said; I am innocent of the charge."
LEWIS NOTLEY (City-policeman, 665). I was on duty in Catherinewheel-alley on the night of 5th Jan.—at a few minutes past twelve o'clock I saw the prisoner standing outside the Catherine-wheel public-house, with M'Kenna and Ryan—I am quite sure they were both there—they were all talking together—a little before three in the morning, Sunday morning, I was again passing along Catherine-wheel-alley, and saw the prisoner with M'Kenna, Ryan, and a fourth man—I am sure M'Kenna and Ryan were the persons—I told them to go home quietly—they went on a few paces, and stopped—the prisoner then came up to me, pulled off my hat, and attempted to scratch my face—I am quite sure she is the person—Ryan then came up and caught me round the waist with his arms, and M'Kenna came to his assistance—there was another man, who got away—they all combined in throwing me down—I was then struck several blows—my truncheon and lantern were taken from me—I was afterwards taken to the hospital.
Prisoner. Q. Was I not at the Mansion-house twice and you did not know me? A. My head was in that state that I could not identify you—I said it was the woman who cohabited with M'Kenna.
FREDERICK RUSSELL (City police-sergeant, 69). About a quarter before three on Sunday morning, 6th Jan., in consequence of something I saw or heard, I went up the alley, and saw some persons go into No. 2, Catherine-wheel-square—I went, and pushed the door open with my left-hand and turned my light on with my right to see who was there—I saw the prisoner there with Ryan and M'Kenna—I am sure they were both with her, standing in the passage—I left them there—I afterwards met Notley and asked if it was all right—he said, "Yes"—he was then perfectly sober—about twenty minutes after that, I heard that something had happened to him—I went to the station and saw Ryan there, and said to him, "Why, I saw you at No. 2, with some friends, a bit ago"—I then went back to No. 2, and found Lane and M'Kenna sitting on the stairs—they were taken into custody—I am quite sure that the first time I went there, Ryan and M'Kenna were both with Lane.
MARY ANN GUNN . I live with my mother in Montague-court, Bishopsgate-street. On Saturday, 5th Jan., from eight to half-past, I went to the Catherine-wheel for some beer, and stopped to see some dancing in the parlour—there were about a dozen there—Lane was there with Ryan and M'Kenna—I am sure they were the men—I knew them all before—I staid about twenty minutes, and they were there all that time I am positive.
Prisoner. Q. Were you not before the Lord Mayor? A. Yes; I swore that the bonnet belonged to the woman who was before the Lord Mayor—I did not swear that was the woman I saw with Ryan—I did not say I saw that woman at all—I was asked if I knew the bonnet; I said "Yes," and that that person was the owner of it—I did not say I saw her on the Saturday night.
COURT. Q. You swore to the woman to whom the bonnet belonged? A. Yes, but I did not swear that woman was in the Catherine-wheel.
WILLIAM JAMES GREENWOOD . The Catherine-wheel public-house is kept by my son—I was assisting him on the night of 5th Jan., and saw Lane there—I knew her before—she was in company with Ryan and M'Kenna, who I also knew before—they were in company nearly the whole of the evening, talking to one another—the house was cleared rather before five minutes to
twelve, and they went out at the door—I will not be positive whether they went out together, but they did within a few minutes—I had often seen them there together—I know Notley—I saw him that night, about half-past one or two o'clock—he was quite sober.
Prisoner. Q. Was I in M'Kenna's company? A. You were all in the parlour, and I saw you all in conversation together.
CATHERINE DWYER . I am the wife of John Dwyer, a tailor, of 2, Catherine-wheel-square. On the morning of 6th Jan., Ryan, M'Kenna, and Lane came to my room together, something after twelve o'clock, and left about one—they went away together.
JAMES PERKINS . I am a plumber, of 4, Catherine-wheel-alley. On this Saturday night I was in the alley, about five minutes before twelve o'clock, and saw Lane, M'Kenna, and Ryan, who I knew before, standing against a door—I went into the public-house, staid about ten minutes, and when I came out they were still there.
Prisoner. I was not in M'Kenna's company. Witness. Yes, you were all standing together, and I fancied in conversation.
GUILTY .— Confined Twelve Months, and fined One Shilling
GUILTY .— To enter into recognizances to appear to receive judgment
when called on.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
SAMUEL JOHN RATHBONE . I am a leather-finisher, and live at 3, White's Ground, Westminster. Last Sunday morning, about half-past twelve, I was in Petticoat-lane—I had a silver watch in my right-hand waistcoat pocket, with a silk guard attached to it, which went through a button-hole and round my neck—I was surrounded by three or four men, and afterwards I felt my guard come tight round my neck—I put my hand to my pocket and found my watch was gone—I turned and saw the prisoner with a part of ray watchguard in his hand—I went and drew the guard out of his hand, and asked him what he had done with my watch—he turned round and said, "Do you hear this chap accusing me of stealing his watch?"—I saw the officer, told him, and gave the prisoner into custody.
Cross-examined by MR. HORRY. Q. You observed no one till you felt the pull? A. No; there were about five persons near me—I bad come through a crowd—part of the guard was left round my neck.
GEORGE COOK . I am a carver and gilder, of Collingwood-street, Bethnalgreen. I was in Petticoat-lane—there were a good many people there—I saw the prisoner come down the lane, with a waistcoat on his arm, in a very great hurry—he crossed over and joined three other persons—they then met the prosecutor, one in front, two behind, and the prisoner on one side of him—I saw the prisoner's arm in a particular kind of way, as if he was about to take the watch, but I cannot swear he did take it—I saw his hand working,
and then he drew it out and passed a watch to a man behind—I saw the back of it—the man who had it, escaped with the two others down a turning—I said to the prosecutor, "There goes the man that has got your watch"—he said, "Never mind; I will keep this one I have got," and he kept him till the policeman came.
Cross-examined. Q. Was the lane very full? A. Not very; there were plenty of people standing about—the prisoner crossed over, and met the other three; they came the same way as the prosecutor—there must have been a dozen people there—I was in the middle of the road, about half-a-dozen yards from where it occurred—these three men did not join the dozen people after the prisoner came—one or two of them might have got among them—I beard the people say the man who stole the watch had gone on.
JOHN RACKHAM . I am a coach-trimmer, of Morgan-street, Commercial-lane. Last Sunday, between twelve and one o'clock, I was in Petticoat-lane, and saw a rush of four or five persons coming along, the prisoner was one of them—I saw the prosecutor hustled by four or five, and the prisoner was very active among them—I afterwards saw a silver watch in his hand, and then lost sight of it—the prosecutor turned round and collared him—I afterwards saw part of a silk guard in his hand—the prosecutor took it from him, and kept hold of him till the police came.
Cross-examined. Q. You were not before the Magistrate? A. No; I first made this statement at the City Solicitor's Office; the policeman took me there—I went to the station, and told them that I saw it—I was standing at the corner of a street, not a yard from where it happened.
JOHN KING . I am a stay-lace maker, and live in Bunhill-row. I was in Petticoat-lane, and saw a rush of five or six people; the prisoner was one of them—I saw him rush against the prosecutor, and he said, "I have lost my watch," and caught hold of the prisoner—I had seen him pass his hand behind him with something in it, which looked like silver—the person to whom he passed his hand ran away—I saw the prosecutor take something from the prisoner's hand like part of a watch-guard.
(Jonathan Martin, a carpenter, and Joseph Benjamin, a traveller, of 7, East-street, Finsbury, the prisoner's brother, gave him a good character; but Michael Deedy, City-police-sergeant, No. 56, and——Gifford, a detective officer, stated that he was the constant associate of convicted thieves.)
GUILTY . Aged 26.— Transported for Ten Years.
OLD COURT.—Friday, 8th February, 1850.
PRESENT—Mr. Justice WILLIAMS; Mr. Ald. GIBBS; Mr. Ald. WILLIAM
HUNTER; Mr. Ald. MOON; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
MR. COOPER conducted the Prosecution.
we met the prisoners; two were taking each others' arms, and one wag one step in front—they moved towards us,. and I smelt a powerful smell—on arriving at home, twenty minutes afterwards, I found the cape of my cloak burnt; this is it (produced)—it smells the same as what I noticed in passing the prisoners.
SARAH ELIZABETH JENNINGS . I was with the last witness—we met the prisoners—I perceived a peculiar smell, and on reaching home, found these spots on my dress, which smelt the same as the prisoners did when I passed them.
WILLIAM DOUTHWAITE . I am a chemist, of Barnet. On 29th Jane, between two and four o'clock, Lambarth and Needham came to my shop; one of them asked for some oil of thyme, and after being served with that he asked for an acid, describing its properties, but appearing ignorant of its name, or as if he had forgotten its name—I gave them an ounce and a half of nitrous acid, in a two-ounce phial; it has a strong pungent smell, and would produce such spots as these on woollen, if it fell on the flesh, it would destroy the skin, and stain it, in the same way, and it would be very serious.
COURT. Q. How did they describe it? A. As an acid used for hones' hoofs; I thought he would most likely use it as a farrier, as I believed him to be—there is another acid used for that purpose, but he showed his hand covered with the stains of nitrous acid—it is an ordinary thing to be asked for—he said he wanted an acid which is used for the thrush—that acid is not so strong, but it will bum—Williams did not hear Lambarth ask for the acid; Needbam was not present.
WILLIAM BENNETT . I am a smith, of Barnet. On 29th Jan., Lambarth and Williams came to my smithery, between two and three o'clock in the afternoon, with another man who I cannot swear to—Lambarth took a bottle out of his pocket, and poured some burning liquid on the parings of horsehoofs which laid on the floor; they smoked—he put the bottle into his pocket—he appeared rather intoxicated.
WILLIAM TINSLEY . I am pot-boy, at the Windmill, Enfield. On 29th Jan., the prisoners came to my house, about ten minutes past five o'clock—Lambarth had two half-pint pots to mix some stuff up, some water and vinegar—the policeman afterwards came, and found a bottle under the ashes
JOHN M'CARTHY (policeman, S 145). On 29th Jan., I was on duty at Chipping Barnet, and saw the prisoners in the High-street—Lambarth went into Mr. Douthwaite's shop—I passed the window, returned, and saw him come out, meet the other two, and go into a lane opposite a smith's shop where they worked—I lost sight of them—at a little after five o'clock I went in search of them with two other constables, and found Needham outside the Windmill, and Williams in the tap-room—I found this broken bottle then, under the grate; there was a strong smell from it—I took Lambarth—at the station-house, the sergeant told Williams he need not say anything unless be the thought proper—he said, "I did not do it, but I know who did"—I saw the witnesses clothes that day; they smelt the same as the bottle.
Lambarth's Defence. The smith gave us some beer; we had had a little before.
Williams's Defence. Lambarth went into the druggist's, and going along he pulled out the bottle, and threw it over Mrs. White, but I did not know what was in it.
(Lambarth received a good character.)
LAMBARTH— GUILTY of an Assault. Aged 34.— Confined Four Month.
NEEDHAM and WILLIAMS— NOT GUILTY .
NOT GUILTY .
Before Mr. Justice Williams.
460. MARGARET HIGGINS and ELIZABETH SMITH , were indicted for a robbery, with violence, on Frederick Hardy Jewitt, and stealing from his person 1 watch, 1 ring, and 1 scarf, and other articles, value 9l. 12s., 2 shillings and 3 pence; his property.
MR. BALLANTINE conducted the Prosecution.
FREDERICK HARDY JEWITT . I am clerk to my father, a solicitor, in Lime-street. On Thursday evening, 10th Jan., between nine and ten o'clock, I was in Whitechapel—I was perfectly sober, I had only had a little claret—I felt some one at my left side—from a glance I had, I think it was a woman—I felt a handkerchief, or rag, come over my face, and have no idea of anything from that time till I found myself in a room on a horrible bed, naked, except my stockings, and only covered over with a dirty rag—I was greatly confused, and in great pain all over me—there was no candle—I missed my boots, hat, a cashmere shawl, gloves, handkerchief, silver watch, hair-guard, a tooth-pick, a gold ring, two shillings, and some coppers—I had had them all the night before, the ring had been in my waistcoat pocket with my tooth-pick—my waistcoat was not gone—the room-door was fastened outside—it was just day-break when I came to my senses, but when I got out it was light—I had no idea where I was—as soon as I came to my senses, I hallooed out, and went towards the door—I found a small key on the floor—I heard footsteps outside, pushed the key under the door, and it was opened by a pot-boy—I found I was in the back-room, first-floor—I partly went downstairs, and then went upstairs to a back-room, and found a man and woman there—I sent an envelope by the man to my father's office, and they came in a cab for me—these are the trowsers I had on—they are muddy up to the knees, as if I had been dragged along the mud—they were not so before—this hat and boots are mine—my memory was very much affected at the police-court—I am better now, but am confused, and cannot recollect very well—I had been very ill with the jaundice, this was only the fourth day I had been out—I had suffered no loss of intellect before this—the house where I found myself is about two hundred yards from where my recollection serves me last—there is a street between—Osborne-street turns out of Whitechapel, and Thrall-street out of that—I had not spoken to any females, and have not the slightest knowledge of the prisoners—I had been ill for a month.
JOHN DOWARD . I am potman at the Frying-pan, Brick-lane—Thrall-street runs out of Brick-lane, the second turning from Whitechapel-church. On 11th Jan., between ten and eleven in the morning, I went to 8, Thrall-street, to collect pots, and heard the back-room door, first-floor, rattle—there was; padlock on it—I saw a key outside, opened it, and found Mr. Jewitt—he made a complaint to me—he looked very bad—I told a policeman.
WILLIAM SAUNDERS . I am a painter, and live in the top room back of 8, Thrall-street; the floor above where Mr. Jewitt was. He came up to me that morning, and I took his father's address on an envelope, I brought back one of the clerks in a cab, and then took the prosecutor into the cab on my back—he was in very great agitation, and seemed to be lost in thought—he said he had been trepanned and robbed—on the night previous, I went to bed about half-past ten o'clock—I heard a noise two or three times, between
three and four in the morning, in the room below, where the prisoner Higgins lived—she was there the day before—it was a faint sort of a groan, as if some one was in the night-mare—being tired, I 'went off to sleep again.
DAVID EVANS . I am pot-boy to Mr. Harley sometimes, when I can get a day's work there. On 11th Jan., about twelve o'clock, I went for a pot to the back-room, first-floor, of 8, Thrall-street—Higgins lives there, and I have seen Smith there, but not in company with Higgins—I looked under the bed, and found a hat and a pair of boots—there was a lot of spue and vomit there—I lifted the sheet out of the mess, and opened the window.
GEORGE COX ( policeman, 138 H). On Thursday night, 10th Jan., I was on duty, and had to pass 8, Thrall-street—I know that the prisoners lived there, in the back-room, first-floor—I have had the room pointed out to me—it was where Mr. Jewitt was found—I saw the prisoners together about half-past ten o'clock that night, and saw them go into the house—I saw them together again about a quarter or twenty minutes past twelve—Smith said, "You b—r, I will lag you"—Higgins said, "You go on, I will be along with you directly"—lag means transport—Smith goes by the name of Fat Bet.
Smith. Q. You said before, it was half-past eleven o'clock when you saw me? A. I never said so—I followed you through Thrall-street, George-street, Wentworth-street, and Commercial-street, into Whitechapel, and saw Higgins speak to a man named Gallagher—I did not say at Worship-street that I did not know who the man was.
COURT. Q. About how long should you say they were in the house? A. About two hours—there are a good number of foot-passengers in Thrall-street between nine and ten o'clock, but there is a court-way that they could use where there is scarcely any one passing, they might meet some girls, but no respectable people—the court is inhabited by those sort of characters—a person apparently drunk would not attract much attention.
THOMAS KELLY (police-sergeant, H 2). I took Higgins in Keate-street, Spitalfields, about half-past ten o'clock, on 12th Jan.—I told her she was charged with drugging and robbing a gentleman at 8, Thrall-street—she said, "I did not do it, Fat Bet brought him to my room; she robbed him of him things, cut with and stuck to the regulars, (meaning that she kept the money); God strike me blind if I get lagged any more than the other, as one was as much in it as the other; and if you go to Hart's house, in George-street, you will find her there to-night, or at Irish Mog's, (that is the girl of the town who lives next door), but you must not tell that I told you, or they will kill me when I come out"—I took her to the station—she said Fat Bet did not give her anything—I went to Hart's house and the home next door, but could not find Smith.
Higgins. I said the key was always left in the door. Witness. Yes, for the accommodation of Fat Bet, but I did not know you meant Smith.
JOHN JOHNS (policeman, H 76). On 10th Jan. I was on duty in Osborne-place, and saw the prisoners walking together about half-past nine o'clock, about forty yards from High-street, and 200 yards from Thrall-street—I saw them again, about half-past eleven, in Thrall-street—on the Saturday night afterwards, about half-past twelve, I and another officer went to a house in George-street, about twenty yards from Thrall-street—I went to the back-door, and my brother officer to the front—I heard a knock at the front door, and a male voice said, "So help me God,Bill, it is the copper, hook it!"—cooper means policeman, and hook it, make your escape—the back-door was opened
from the inside, and Smith came out partly undressed—I knew her before by the name of Fat Bet—she tried to escape from the passage—I stopped her, and said I took her for drugging and robbing a gentleman in Thrall-street—she said, "You are mistaken; it was not me, it was the other"—I said, "What other?"—she made no answer.
ANN HURLEY . I am the wife of Patrick Hurley, who keeps a beer-shop at 18, Thrall-street—No. 8, Thrall-street, belongs to me. On 11th. Jan. Higgins lived in the back room first floor, and Smith with her—on 11th Jan., a short time after the prosecutor went away in the cab, Higgins came to the bar—Gallagher was there—he had lived with me—I know that he had been in the hospital—Higgins and he had a pint of ale together—Higgins paid for it—I heard her say she sold the watch for 1l., and the ring for 3s., and she gave Fat Bet 13s. 6d. out of it—Gallagher said something about lag, but my child cried and I turned round—I came back and heard her say she sold the b—y scarf for 9d.—next day I went to the room where the prisoners lodged, and saw vomiting about it, and a chamber utensil nearly full of vomit.
Higgins. Q. What state was I in? A. A little the worse for liquor; not quite drunk.
CHRISTOPHER LERICK . I am a surgeon of West Ham. I attended Mr. Jewitt for jaundice five weeks previous to this outrage—I have heard his account, and believe his becoming insensible might have been occasioned by chloroform—from the state in which I found him, I think laudanum was given him after the chloroform—a person could not become insensible by having laudanum put to his nose.
COURT. Q. Did you smell the vomit? A. He was not sick after I was called to him, but was in a state of stupor, and had a contracted pupil, a bard pulse, and giddiness.—I believe the effects of chloroform go off speedily, but I only know it from hospital reports—the state I found him in was not the effect of the jaundice, but of some opiate—he had had one of the most serious attacks of jaundice I ever saw in a young person, but it never brings on insensibility—I had seen him on the morning of the 10th—he was in such a state that his stomach was easily affected—claret was the only fluid I allowed him to take—he had no vomiting during his illness—it is not a symptom of the disease—an opiate would bring on copious vomiting seven or eight hours afterwards—he has been delirious for three days since this—that is not attributable to the jaundice.
Higgins' Defence. The key was always left in the door; it is a common house; several other girls live in it; I never saw the gentleman, and know nothing about it.
Smith's Defence. The key was always in the door; I never saw the gentleman.
HIGGINS— GUILTY . Aged 23.
SMITH— GUILTY . Aged 22.
Transported for Fifteen Years.
NEW COURT.—Friday, February 8th,1850.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. RECORDER; and Mr.
Before Mr. Recorder and the Fifth Jury.
ANN DONOVAN. I am the prisoner's wife—I have been married to him
eleven years. On 10th Jan. I was living in my brother's house, in New-court, Spitalfields—I had been living there six weeks—my husband was not living with me—about ten o'clock in the morning my husband came in—he asked me if my brother was in doors—he was not, but I said he was, for I was frightened at my husband—he asked me if I would go home with him—I said I would not, I was afraid of my life—he had his right hand in his jacket pocket, and on my saying I would not go home with him, he took his right hand out of his pocket and threw a brick, and cut me on the head—my head bled wonderfully—he then went towards the fire and took the fire-shovel, and I laid hold of the poker—he made towards my face with the shovel—I lifted up my hand, and received the blow on my left arm—I had the poker in my right hand, but it fell from me—my mother and sister were there—my sister told me to run away with my life and let him kill herself—I was taken to the London Hospital.
Cross-examined by MR. ROBINSON. Q. You did not remain in the hospital? A. No; I was an out patient—my brother's name where I was living is Dan. Fitzpatrick—my sister and mother were living there—I and my sister and mother were in the room with the prisoner—when I got the blow I took up the poker, I did not take it up before—I did not call the prisoner any name, or abuse him—my brother, who keeps the house, is only growing up—they were not repairing the house—there were no bricks lying about—I was about two yards from the prisoner when he threw the brick at me—it cut me on the side of the head.
CATHERINE DONOVAN . I am the prosecutrix's sister. On 10th Jan. when he came to the house, he walked in quite carelessly with both his hands in his jacket pockets—he asked if ray brother was in doors—we said, "Yes, upstairs," but he was not—he then asked his wife to go home with him—she said, "No," she was afraid of her life—he then pulled his hand out of his pocket and made a blow at her with a piece of brick—I afterwards took the brick up—this is it—I got up and found my sister's head bleeding—I took hold of the prisoner by the collar, and over my left shoulder I heard a blow with the shovel—I told my sister to save her life, to go out and let him kill me—she went out—the prisoner got from me, and he went out—I followed him, and he took a stone and swore he would have my life, or any persons is the house that he could get—I went in and closed the door—I did not go out till the man went—I held the brick and shovel till my brother came home—this is the shovel.
Cross-examined. Q. You seized him by the collar till his wife got out? A. Yes; then he went out—I found she was gone, and I went in and shut the door—the room is a small kitchen—my sister was standing in the middle of the room when the brick was thrown at her, and the prisoner had his back close to the door.
CHARLES HARPER . I am house-surgeon at the London Hospital—Ann Donovan was brought there on 10th Jan.—I found a lacerated wound on the left side of the head—it had penetrated to the skull, about a quarter of an inch deep—it was such a wound as might have been inflicted with the edge of this brick—it must have been struck in a slanting direction—it had been bleeding very freely—it had nearly stopped when I saw it—I examined the wound on her arm—it was on the most muscular portion of the arm—it was about three inches in length—it had penetrated to some depth; I cannot say exactly how deep—as far as it went it was a serious wound, but not dangerous—it must have required great force to have made such a wound with an instrument not sharper than this shovel.
COURT. Q. Was the wound across the arm? A. Yes, such a blow as a person holding up their hand to defend themselves might receive—I cannot tell what would be the effect of the force of that blow on the head—sometimes a slight wound is of great consequence there—I should think it would not have penetrated the skull—I think the shovel would have bent against the skull—a blunt instrument would have been more likely to break the skull—the top of the shovel would have been more likely to have done it—if this shovel bad struck in a flat direction, it certainly would not have done it—it takes an amazing deal of force to fracture the skull.
COURT to ANN DONOVAN. Q. Who is Catherine Donovan? A. My own sister—she is a widow—she has buried her husband seven yean; his name was Donovan, the same as my husband's; I do not think they were related—this was in my brother Dan. Fitzpatrick's house—Fitzpatrick was my maiden name.
GUILTY of an Assault. Aged 35.— Confined One Year.
MR. J.W. PAYNE conducted the Prosecution.
JOSEPH BENTON (policeman, K 381). On the evening of 1st Feb. I was in the Canal-road, Mile-end, watching a marine store shop, kept by the prisoner Beckett—my brother officer, Tickett, was with me—we were in plain clothes—I saw the prisoner, Monk, going towards Beckett's shop, and noticed he had something bulky under his jacket—he went into the shop, and I watched him through the window—Beckett was behind the counter—Monk took this piece of leaden pipe from under his jacket, bent as it' is now—Beckett took it of Monk, put it into the scale, weighed it, and gave Monk a shilling—he was speaking—Beckett threw the lead behind the counter—Monk then came out of the shop as I ran in—I asked Beckett for that piece of leaden pipe he had just bought—he said, "I have not bought any leaden pipe; it was an old brass tap"—I said I was a police-officer, and I insisted on having the piece of lead—I ran round the counter, and he put out his leg to throw me—I saved myself with one hand and took hold of the lead with the other—the lead was behind the counter on the floor—I pat the pipe on the counter, left it in charge of my brother officer, and I ran and overtook Monk—I told him I came to take him on suspicion of stealing a piece of leaden pipe—he said, "I have not been to the shop"—I had not then men-tioned anything about a shop—I took him to the shop, and he said, "I hope you will look over it; it is the first time; I have got a wife and a large family"—he acknowledged that he did sell it—he did not say where he got it, but I knew where he worked—Beckett asked me to go into his back room, and said he hoped I would look over it—he said he would give me anything if I would look over it this time; it was the first time—I asked him where his book was—he said he had none, and then he commenced writing on a slate—I knew both the prisoners before for some years—Monk gave his address, "Facing the Three Colts, Old Ford"—he did live there.
Monk. I deny that it was concealed under my jacket; I can be on my oath I had it in my hand. Witness. He had it under his jacket.
Cross-examined by MR. PARNELL. Q. How long have you been on that part of the town? A. Ten years—I have known Beckett to have been living there six or seven years—it is a small shop—they sell tins and saucepans—I do not know whether they sell lead and iron, they buy it—there was a small gas-light in the shop—I was looking through the glass—I could see perfectly everything that took place—I am quite sure Beckett gave Monk a
shilling—I am certain he did not give him a penny besides—I do not know that he could have had any difficulty in-seeing me—there was a gas-light in the shop, and I was close to the window.
MR. J.W. PAYNE. Q. This was about six o'clock in the evening? A. Yes—there was nothing at all in the window to prevent my seeing what took place in the shop.
JOSEPH TICKCETT (policeman K 170). I was with Benton that evening—I saw Monk in the canal-road, coming from the Mile-end-road—he went into Beckett's shop—he had a jacket on, with something under it—I could Dot see what it was—it appeared bulky—it made his jacket stick out—he went into the shop—I went over, and looked in at the window—I saw Monk take a piece of leaden pipe from under his jacket—he gave it to Beckett, who was behind the counter—Beckett put it into the scale, and gave him Is.—Beckett then took it out of the scale, and threw it behind the counter—I then went into the shop with my brother officer, and Monk left the shop—Benton told Beckett that he wanted the piece of leaden pipe he had just bought—he said he had bought none; it was an old piece of brass tap—Benton said we were constables, and insisted on having the leaden pipe—he went behind the counter, and Beckett laid hold of him, and attempted to throw him—Benton took the pipe up, and gave it into my possession, and he went out after Monk—after he was gone, Beckett said he hoped we would look over it, that he had an afflicted wife, and he bought it—Benton brought Monk back, and he said he hoped we would look over it, it was the first time, and he had a large family and a wife at home—Beckett asked us to go into the back parlour, and settle it—he went into the parlour, and said to his son, "Make an entry of the pipe I have just bought," and his son did, on a piece of paper—Beckett took it, and put it into his pocket—I took it from him at the station—this is it—I have known Monk about two years.
Cross-examined. Q. That is about as long as you have been in the force? A. I have not been in the force more than eighteen months—Benton is a plain-clothes man, and so am I—I saw plainly what I have stated—I have known Beckett to be living in that shop about eighteen months.
JOHN COCKS . I am in the service of my father, John Cocks, who keeps a plumber's shop in Frederick-place, Mile-end-road, about 150 yards from the Canal-road—Monk was in my father's service, and he was at work on the 1st Feb., not at the shop, but at a building, about 100 yards off—this is my father's pipe; it is a piece I had had in my hand about half an hour before it was brought to me by the officers—I know it by this crack, and by taking off a union screw from it—it is old lead, and was lying in the shop—it was then straight, not bent as it is now—it weighs about 12lbs., and is worth about 1s. 6d.—we are allowed 16s. a cwt. when we exchange old lead for new at our lead merchants—we do not sell it again as old lead.
Cross-examined. Q. About that time, what would they have allowed you a pound for old lead? A. About 1 1/2d., or they might perhaps have allowed 1 1/2d.
JURY. Q. Did Beckett know that Monk was employed by you? A. Yes; I am positive he did—Monk has been about the road eleven or twelve years, and been at work very near to Beckett's—he must have known him.
Monk. I have passed Mr. Beckett's door 150 times, but I never knew him.
Beckett. A person might live five or six doors from me, and I should not know him; I never saw the man in my life.
(Beckett received a good character.)
MONK— GUILTY —Recommended to mercy by the Prosecutor.
BECKETT— GUILTY .—Recommended to mercy by the Jury.
Confined Fourteen Days each.
HENRY WILLIAM BURTON . I live in Wheeler-street, Vauxhall-bridge-road, and am a carman and coal-dealer. The prisoner was in my employ, and slept under my roof. On the morning of 17th Jan. I called him, and sent him to the coke-factory for a chaldron of coke—I had never drawn but one chaldron at a time before, but that morning he suggested having two chaldrons—I would have but one, and I gave him 13s. for it—I believe it was twelve shillings and two sixpences—that was the price for one chaldron—he went, and returned a little after seven o'clock—he said he had been and got his draw—that is, his turn; and he should not be wanted again till about ten o'clock—he went, and never brought me the coke or the money—I never saw him again till last Monday.
ALFRED TAYLOR (policeman, B 86). I took the prisoner—I told him it was for stealing some money from his master—he said he knew he had done so, but to keep it dark there—he was going to work, and he would send the money back again.
GUILTY . Recommended to mercy by the Prosecutor.— Confined One Month
JOHN BREES . I live in West-street, Smithfield, and am an ironmonger. On 22nd Jan. I was with my horse and cart in Stingo-lane, about a quarter before five o'clock—I went into Mr. Lovegrove's, to deliver some goods—I was called out to move my cart, to make way for a load of gravel—I left my cloak on my horse, and returned to Mr. Lovegrove's—I stayed about three minutes, and then missed my cloak—it was a blue cloak with a velvet collar.
BENJAMIN KIRK . I live with my father, in Walmer-street. On 22nd Jan. I saw Mr. Brees bring his horse and cart out of Stingo-lane into Walmer-street—I saw something over the horse's back—I saw the prisoner stand on the edge of the kerb-stone—he looked over the horse's back, and took the article off the horse's back, put it under his arm, and ran down Walmer-place—when he turned the corner, he ran—when I saw him again, he was lighting his pipe—I had seen him previously, so as to be sure he is the person—I afterwards saw him at an apple-stall—I pointed him out to the officer.
Prisoner. He says he saw me at the apple-stall, and he said it was at a green-grocer's shop! Witness. It was at an apple-stall I saw him first, and then I saw him at a green-grocer's shop, and I pointed him out.
JOHN JAMES KIRK . I live in Walmer-street, and keep a coal-shed. Between four and five o'clock on 22nd Jan., my son told me what he had seen—I went, and saw the prisoner running down Walmer-place with a cloak, or something of that description, under his arm—I knew him by sight before, so as to know him again.
PATRICK JENNINGS (policeman, D 123). I apprehended the prisoner; Benjamin Kirk charged him—I told him I wanted that cloak that he had—he said he had had no cloak—I took hold of him—he undid his coat and waistcoat, and tried to slip out to get away.
Prisoner. He came to me and said he wanted me; he would not tell me what it was for; he told me it was enough that he had got me, and would keep me tight, and I would not go with him; then he got more assistance, and I went with him; I know nothing about the cloak, I never saw it. Witness.. He was taken in about five minutes—there is a place down Walmer-place where they put away stolen goods.
GEORGE HANSON (policeman, D 230). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted January, 1849, having been before convicted—Confined nine months)—the prisoner is the person.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES HOOD . I live in Sloane-place, Chelsea, and am a greengrocer, On 18th June I was in Kensington-gardens—I saw the prisoner and Thomas Hodgson outside the garden—I noticed a bag there—the prisoner asked two little boys whether the bag belonged to them—they said, "No"—he then asked a man, and he said, "No"—Hodgson stated in the prisoner's hearing that there was a coat and waistcoat in the bag; they ran away with it—Hodgson ran first, the prisoner ran after him, and joined him.
WILLIAM PEMBERTON . I am a musician in the First Regiment of Life-Guards; I live in Love-lane, Windsor. On 18th June, I went to Kensington-gardens to play—I had a bag containing a coat and waistcoat, a cornet, a knife, a comb, and some other things—I was orderly that day, and had to carry the music stool in—my bag was put down by the rails of the gate, and a person should have seen that my bag was brought in, but it was neglect on his part, and when I came back my bag was gone—it might have been about twenty minutes before I missed it.
CHARLES CHINN (policeman, A 255). On 26th Jan., I apprehended the prisoner as he was coming out of Windsor gaol—I had taken his companion Hodgson in the summer—he was tried here, and was transported for seven years (he had been convicted twice before)—I charged the prisoner with being concerned with Hodgson in stealing this bag—he said he hid in a field while Hodgson went and sold the things; and when he asked him for some of the money, he threatened to punch his bead for him; and after Hodgson was apprehended, he did not know what to do, and he went to Windsor and committed a robbery, and was tried at Windsor, and had three months.
GUILTY . Aged 16.— Confined One Year.
THIRD COURT.—Friday, February 8th, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
MOON; Mr. Ald. FINNIS; and Edw. BULLOCK, Esq.
Before Edward Bullock, Esq. and the Seventh Jury.
ALAR PHILLIPS (policeman, F 48). On 30th Jan., about two in the morning, I found the door of 18, Queen-street, Seven Dials, on the jar—I opened it, went up the passage, and saw the prisoner coming from the window of the workshop in the back-yard—I asked him what business he had there—he said he had been to the water-closet—I took him to the station, searched him, and found on him a knife, without a handle, and a latch-key—I went back to the place, and found six squares of glass in the window, broken—I got in through the window—there is a flight of steps in the shop to another shop above it—when I got to the top of the steps, I found this box as it now is (produced) containing five pairs of spurs and fifty-three pairs of spur sockets.
ELIZA BLACK . I am the wife of David Black, and sleep in the back-parlour of 18, Queen-street—Mr. Stanley's shop joins the back part of it—on the night of 29th Jan. I went to bed about half-past eleven—about two in the morning I heard the front door burst open, and heard soft steps go along the passage into the yard—I did not take any notice of it, because there are lodgers in the house—in about ten minutes I heard steps come in and go to the back yard—I got up, asked who it was, and the policeman had got the prisoner coming out of the yard.
PHILLIP SPEAR . I live at Doughty-street, Lambeth, and am apprenticed to Mr. Stanley, who occupies a shop at the back of 18, Queen-street—I was the last person there on 29th Jan.—I left two pairs of the spurs on the bench at the top of the shop, and the box with the spur-sockets in it on another bench; not packed together as they now are, but separate—I locked the shop, and left about ten minutes past eight, and took the key to my fellow-apprentice's house—the window was fastened—my master fastened it.
Prisoner's Defence. I was taken short, and went into the yard to case myself.
GUILTY . Transported for Ten Years.
467. CORNELIUS IVES, SAMUEL AUSTIN , and JOHN DALEY . breaking and entering the dwelling-house of Joseph Talbot, and stealing 2 cakes and 40 biscuits, value 5s. 6d.; his goods: Austin having been before convicted.
MR. CLERK conducted the Prosecution.
JAMES HODGES (policeman, K 251). On 4th Feb., about half-past six in the morning, I saw the three prisoners together in High-street, Shadwell—Daley had a piece of cake under each arm; ives had a bag—I asked Austin what he had got—he said, "Nothing"—the two others were standing by at the time—I then asked Daley—he said, "Nothing," and they all ran away—I caught Ives—the bag fell from under his arm, and this cake (produced) fell from it—Austin dropped another piece of cake under an archway while I was following—with the assistance of another constable I caught him—I saw Daley about eleven the same day at Arbour-square police-court—I took hold of him and said, "You are the person that was along with these other two this morning"—he said be was not—I said I stopped him in High-street, and saw him with two pieces of cake—he said, "Well, I had two pieces of cake, and the bag was mine"—I took him—Mr. Talbot's house is about six yards from where I saw them.
EDWARD CASSIDY (policeman, K 238). I took one of the boys—when Austin was taken, he dropped these escutcheons, or key-hole plates (produced)—I found one of the pieces of cake in the road near High-street.
MART TALBOT . I am the wife of Joseph Talbot, a baker, of Gravel-lane, in the parish of Shadwell—I fastened the house up when I went to bed on Sunday night—there is a wooden partition which fastens up with a rope, separating the shop from the stairs—I fastened that up myself, and the door was locked—on Monday morning, between seven and eight, I came down and found the partition let down into the passage, and these two cakes and several small ones, and the plates, were gone—I know these—they are my
husband's property—I made them on the Saturday evening—my husband lives in the house, and is the master of it—there is a communication between the shop and house without going out of doors.
IVES— GUILTY .*
AUSTIN— GUILTY .*
DALEY— GUILTY .**
Transported for Seven Years.
468. CHARLES THOMPSON and SARAH THOMAS , stealing 3 shirt-studs, 3 breast-pins, 2 handkerchiefs, and other articles, value 5l. 8s., and 9 sovereigns, 9 half-sovereigns, 3 shillings, 1 sixpence, 9 pence, 3 half-pence, and 1 10l. bank note; the property of James Chippendale, in the dwelling house of Charles Edwin Hyde: to which
THOMAS pleaded GUILTY . Aged 30.— Transported for Ten Years.
MR. THOMPSON conducted the Prosecution.
ELIZABETH DAVIS . On 15th Jan. I was going to the Post-office is Lamb's-conduit-street, and met the male prisoner in the street—he looked very hard at me—as I was returning, he walked on the other side of the way, towards the Foundling, and when I got to my master's door, 24, Guild ford-street, he came up to me, and said, "I beg your pardon, I want to speak to you"—I asked what he had to say—he would not express himself, and I said if he did not go off the step of the door he would get me into trouble—he was dressed in a sailor's jacket—he would not go off the step, but insisted on my going up the street with him to hear what he had to say—I went, and he said he was taken with me because I was the image of one of his sisters—he then asked me whether I was engaged—I said I was not—he then asked whether I had any objection to him—I said I had not, so far as his looks went—we then went to a public-house in Guildford-street, and had 3d. worth of brandy at his request—we came out again directly, and be said he was going to the Woodford Arms to get his great coat, and he would be back in an hour's time, as I was going out again that evening—he said he was the mate of a ship, lived in the Kent-road, and paid 8s. a week for his lodging; that his landlord was a very respectable man; he was also the mate of a ship, and had known him twelve years; the landlady was very respectable, and he was very comfortable in his apartments—he said he would send his landlady to me to prove that he was respectable, and a single man; that he was a respectable man, and not ashamed of his name, and not ashamed of earning an honest crust—we met again that evening, and he walked with me to the Times office, where I went for my master—he said something about marrying me, but not anything particular—about half-past nine the next morning the female prisoner came—she asked me if my name was Elizabeth Davis—I said, "Yes"—she said she came from Mr. Williams—I stood a moment, not thinking of the name, and she said, "Charles Williams"—I said, "Oh, the sailor?"—she said yes, she was his landlady, and she brought a message from him, that he would be most happy to see me during the day, if I could get out—she said as he was in liquor the night before, he was afraid he insulted me—I said a man could not have behaved more prudently than he had done—I said I could not get out, but if he liked to came up in the evening he could speak to me at the door—he came in the evening, and asked if I could get out—I said, I could not, but I would try if I could in half an hour, and he went over to the public-house—I went at eight to the
public-house, and he was gone—the next evening the female called, and stated that he was gone to his ship, and was not able to call—she remained with me in the kitchen—she brought a little rum, which she said he had sent from the ship, and we also had a cup of tea—while she was there she went to the water-closet on the second-floor, and while she was up there she went into one of the bed-rooms—on the Saturday night the male prisoner called again after dark—he came into the kitchen, and remained about half an hour—he wanted some beer, and I said I would go for it—he would not let me, and said he would go himself—I should think he was gone five or ten minutes longer than I should have been gone myself—when he came back he said he wanted to get away, as he wanted to meet some friends—he said he would call on the following day, Sunday, at five, and stay till ten—he came on the Sunday, about a quarter-past five, and came into the kitchen—he complained that his feet were very bad—I noticed his shoes, and they were very loose—no one was at home but me, and he asked how long my master and mistress would be—I said I expected them every minute, and they came in very shortly after—the prisoner asked whether they were going to Church—I said I did not know—he said he had brought a little rum from the ship, as it was his birth-day—I asked him to take some tea, and he refused—I said I should go out if my master and mistress did not—he then said his feet were very bad, and he could not walk—he then said he would go out and get a cigar to smoke—he went, and remained out about twenty minutes—I should think it was about seven when he returned—he came down stairs, and after be had been a few minutes in the house, asked me to go to get some beer—he told me to go to the farthest public-house, (by which I understood the one at the end of the street,) because the beer at the other was bad—I went, came back, and then had a little rum-and-water which he made for me, because it was his birthday—he impressed it upon me—after I had taken it, I felt rather curious about the head—I do not understand rum at all—I had drunk rum before, and it did not have that effect——I afterwards went and asked my master whether he was going to Church—I do not know what time that was—after that my master called out, loud enough for the prisoner to hear, that he saw a light in Mr. Barber's room; he lodges on the second-floor, and Mr. Chippendale occupies the first—he asked if Mr. Barber was in—I said no, and ran upstairs—I asked the prisoner not to go away, and he said he should stand at the door, and he followed me up to the hall—I went through the bed-rooms and found all the drawers open—when I went into the front bed-room on the top floor I observed a person under the bed—I cannot say whether it was a man or a woman, but it was that plaid shawl (pointing to the one the female prisoner had on) covered over somebody—I ran down stairs to get assistance, and the female prisoner afterwards walked down stairs—I bad been into all the rooms at about a quarter-past four, and they were then safe—I afterwards went into Mr. Chippendale's bed-room, and found all the drawers open—they were not in that state at a quarter-past four.
Prisoner Thompson. Q. How many glasses of grog did we have together on the first evening? A. Only one—on the Sunday night you poured yourself out a glass of rum, but I do not know whether you drank it—you did not drink my health—there was no one else in the kitchen.
THOMAS HINDS (policeman, E 83). I was called to 24, Guildford-street—I searched the house, and on the floor, behind the drawing-room door, I found nine sovereigns and nine half-sovereigns scattered across the floor
towards the window, which was open—I found 3s. 6d. lying on a handkerchief, which Thomas acknowledges to be hers—I also found a 10l.-note, a memorandum-book, and two gold pins, scattered about the floor, in the same direction.
RICHARD CRUWYS (policeman, E 112). I went to the house, and the female was given into my custody—I asked if she had anything about her—she said, "Nothing"—I asked her to turn her pocket out—she did so, and I directly found a small gold snap by her feet—she said she was let into the house by a man, that there were two men in the house, but they were both gone out at the front door.
Prisoner Thompson. The bag is mine.
EDWIN AUGUSTUS POWER . I keep the Turk's Head, King-street, Holborn. On the morning of 22nd Jan. the male prisoner called at my house, and asked if he could be accommodated with a bed, as he had been travelling—he brought this bag with him—I gave it, unopened, to Morris—the prisoner took this jacket and coat (produced) out of it, and left them on the chair by the side of the bed—he did not come at night for his bed—he was taken into custody in the day.
CHARLES EDWIN HYDE . I am a surveyor, and live at 24, Guildford-street—it is my dwelling-house, and is in the parish of St. Pancras. About half-past seven o'clock, on this Sunday evening, I saw a light in one of the bed-rooms, and called to the servant to know whether the person occupying that room was at home—she said, "No"—I called her up to search with me, and on the third-floor, under my bed, we found a person concealed—we thought there might be two or three under the bed, and closed the door, till we got the police in—I afterwards found the female prisoner in the house.
CHARLES CHIPPENDALE . I occupy the drawing-room and bed-room above it at this house. This 10l. note is mine, I have the number of it in my pocket-book—I took it down about a month previous—I swear to these studs—I left home about half-past twelve o'clock, leaving the note and money in a dressing-case, which was locked in one of the drawers—I took my keys out with me.
EDITH DOBSON . I live at 22, Margaret-street, Spa-fields. The prisoners took an apartment of me, as man and wife, some time last month, I think it was the 12th—they cohabited together—I do not know what occupation the man followed—he always appeared in the dress of a sailor.
Prisoner Thompson. Q. Did you ever see me with a coat on? A. Yes, over your jacket.
Thompson's Defence. I met Davis, and, on coming back to her master's, she asked me to come again and see her; I said I would rather walk out with her; I did not like going to gentlemen's houses; she invited me to come the next day; I sent word that I could not; I went the next evening to that; she wanted me to come in; I said I would not come in, but would go over the way, and wait for her; I waited half an hour, and left word with the landlord, that if a young woman came, to say I could not stay any longer; I went there next morning, and the landlord said she had been, and he had told her; I saw her again on the Saturday, and we drank the best part of a pint of rum together; she wanted some ale, and said the rum was rather too
strong for her; I went and got a pot of ale, and it was not good; she complained of it as well as me; she invited me to come on the Sunday evening; I took some rum, and she drank of it; I gave her 2s. 6d., to fetch a pot of ale; and before the master discovered there was any one in the house, the rum and ale were all gone, and no one was there but her and me; about half-past seven she came, and said to me, "My master suspects there is some one in the house;" I said I would stop at the door; I went to the door, and afterwards went over to the Guildford Arms; I afterwards saw a mob opposite the house, and said, "I shall keep out of the way of this;" I know nothing about the female coming to the house.
THOMPSON— GUILTY . Aged 29.— Transported for Ten Years.
469. CHARLES THOMPSON , and SARAH THOMAS , were again indicted for stealing 1 brooch, value 130l.;5 rings, 1 gown, 1 cruet-stand, 1 clock, and other articles, value 129l. 7s.; the goods of Charles John Cox, in his dwelling-house.
MR. PLATT conducted the Prosecution.
ELIZABETH LAMZED . I am servant to Mr. Cox, of South-bank, St. John'swood. On Sunday, 23rd Dec, between two and three o'clock in the afternoon, I was out, and met the male prisoner—he asked me the way to a public-house, and I told him—after some conversation he persuaded me to go, and I went with him and had a glass of wine—he asked me to come ont in the evening—I said I could not—he said would I come out on the Monday evening—I said, "No," and he then said could not I come out with him on Christmas day—I said I could not, my fellow-servant was going out, and I should have to be at home; he then bid me good-bye—while I was talking to him, I took out my handkerchief, which has my name on it, and he said, "Your name is Elizabeth?"—I said, "Yes"—I asked him his name, and he said, "Charles Robinson"—he said he was a sailor; he was dressed in a sailor's coat—next morning, about eleven, the female prisoner came to the gate, and asked for Elizabeth—I said there are a great many Elizabeths, did she not know the second name—she said, "No"—I said my name was Elizabeth, and she said, "Did you not see a young man named Robinson on Sunday?"—I said, "Yes," and she gave me a note, which she said was from him, that he was at work on board a ship, and wished her to call and leave it—she said she lived in Albert-street, Minories—I read the note, and told her I knew nothing of him, he was a stranger to me; I met him accidentally on the Sunday, and asked her if she knew anything of him—she said yes he had lodged with her a long time, and he and his friends were very respectable, and she was his landlady—I said if he called on Christmas evening, about five, I should be alone, and would see him—he came next day at that time—and my sister was there, but went away a very few minutes afterwards, leaving him and me alone—he wore the same sort of coat as he did when I first saw him—I asked him in, and asked him downstairs—he said he came out with the intention of going to Church, and went to a public-house, and that delayed him till it was too late, and he showed me a prayer-book, which he took out of his pocket, with the name of Charles Robinson in it—he said he had dined on board—between six and seven he said that he would have something to drink—I said I had some ale and some sherry—he said he did not like sherry, he would rather have port, and said he would go and fetch it—I let him out—he returned with a bottle of wine, and went to the kitchen again—after he had been there a little while, I said I must go and attend to the stove in the greenhouse, would he not come with me—he said "Yes," and came upstairs
—I said I would first fasten the dining and drawing-room shutters—he went into both rooms with me, and took particular notice of them—we then went to attend to the stove, and he said while I was attending to the stove he would go out at the front door, and look at the front garden—when I came back, he returned from the front door, I asked him whether he had shut the door, and he said yes, it was all right; that was between six and seven—the house is semi-detached, in a garden enclosed by a wall—the door opens with a small latch-key—I went downstairs again with him—in a short time he said there was a noise—I said it proceeded from the next house, that we could hear very plain—about half-past nine I told him it was time for him to go, as it was late—he said he would go if I wished it—I went upstairs with a view of letting him out, and as I passed the room-door where the cruet-stand was on the sideboard, I saw the cruets were taken out of the stand, and put on the top of the side-board—I had seen them as they ought to be, about one o'clock—the cellaret-door, which was locked after my master went out, was open—I went into the room, and the prisoner followed me—the drawers were open, and also my master's and mistress' writing-desks, and the papers taken out of them, and laying on the table; they were all right when I fastened the shutters—I asked him if he had done it, and he asked why I asked him if he had done it, and took up the poker, and said he would go upstairs, and look through the house, and see me righted—he said he would strike the first person he came to—he took my hand, and said, "Come along," and we went upstairs—all the wardrobe drawers were open, and the things scattered about; they were not so before he came—he said he would go for a policeman—I begged he would not leave me, but he said he would fetch one, and come back—he went out, and never came back—this plaid dress (produced) is my mistress', there is my needle-work on it; this piece (produced) was let into it—when the family went out on Christmas-day the gown was safe in a drawer, and it was afterwards gone—this brush, collar, and combs are my mistress'—I placed two of these combs on my master's table that day—the waistcoat and jacket produced are like what the male prisoner wore.
Thompson. Q. What did I say when I would not have the sherry? A. You said you did not come there to take what my master gave me—you said my clock was slow, and put it on twenty minutes—it was not nine o'clock when I went to look at the fire—I went up twice, and it was out the second time—you offered to fetch me some wood, and while I went to get the wood you went to the front door.
CHARLES JOHN COX . I live at South-bank, in the parish of St. Marylebone. On Christmas-day, I was called home about half-past eleven o'clock—I found the cheffioneer-cupboard broken open, and my secretary also, and the papers and money gone—they were safe before I left—I locked it myself—Mrs. Cox's desk was also broken open, and the papers taken out—the clock from the dining-room chimney-piece was also gone, and many other things—the bed-room drawers were all open, and the things scattered about the room—a jewel-case was broken open, and a large quantity of jewelery taken from it, which was safe before I went out—this brush and comb were safe on the table when I went out—I can swear to the comb, having cut it myself with a pen-knife—I will not swear to the dress, but there was one of the same pattern in the drawers—there was a hole burnt in the dress, and I know the servant put a piece over it—I calculate I lost about 300l. on that occasion.
One Friday, I think the 12th Jan., the prisoners took my apartment, and lodged there together till the Sunday week, on which day the man came home alone—on the following Tuesday, Morris came, and searched a trunk in the room the prisoners occupied, and which the prisoners brought with them—he found the piece of plaid produced, in that trunk, also this collar and habit-shirts—these brushes were on the drawers in the room on Monday, but were taken away before Morris came.
EDWIN AUGUSTUS POWER . I keep the Turk's Head. On 22nd Jan. the male prisoner came to the house, and left a carpet bag, which I afterwards gave to the policeman—he engaged a bed for a few nights—he said he had been travelling all night, was very tired, and wished to wash himself—he went into the room, and left the comb and hair-brush produced, on the dressing-table—he took the sailor's jacket and waistcoat produced out of the carpet-bag, and left them on the chair by the side of the bed—he never slept in the room.
FRANCIS MORRIS (policeman, E 10). I took the female prisoner on 20th Jan., on another charge—she was wearing this plaid dress—it was taken from her back on the Wednesday—on the Tuesday night I went to Mrs. Dobson's, and was shown into a room on the second-floor, where I found a trunk, and in it this piece of plaid, which corresponds with the dress, and matches a place in it—I also found this comb and collar, and a portion of some habit-shirts—I received a carpet-bag from Power, in which I found this shirt and these scissors (produced).
MR. COX re-examined. This is my shirt, and I believe these scissors also—they are like what I lost.
THOMPSON— GUILTY . Aged 29.
THOMAS— GUILTY . Aged 30.
Transported for Ten Years more.
470. THOMAS LOVELL, JOHN WHITE ELIZA REDDING , and CLARA FISHER , burglariously breaking and entering the dwelling-house of William Skeffington, and stealing 1 cash-box, value 5s.,34 sovereigns, 8 shillings, 2 pence, 2 10l. bank-notes, and 3 5l. bank-notes; his property.—Other COUNTS charging WHITE, REDDING, and FISHER with receiving the property.
MESSRS. BALLANTINE and COCKLE conducted the Prosecution.
WILLIAM SKEFFINGTON . I am a stationer, of 192, Piccadilly, in the parish of St. James, Westminster—it is my dwelling-house—I have employed Lovell on three or four occasions to clean out my shop after the hours of business—I employed him on 21st Jan., as near as I can tell, up to ten o'clock, or a quarter past—he came after business hours; the shutters were up, and he came in at the private door—I left the shop, and went upstairs—I came down about every quarter of an hour, to see how he was getting on—I noticed that he ought to have cleaned under the door first, as I did not like the door open late, and he said he would do it directly—I came down about ten, he said he had done—he then advanced towards the shop door, which opens into the street, and moved the three bolts—I believed he fastened it—if I had not thought so I should have tried it myself—I then said, "You must come out by this door," the passage door, and I locked if, and took the key to my bed-room—I was called about five in the morning, and found the shop door open—my desk in the shop was broken open, and my cash-box, which was safe at a quarter-past nine the night before, was gone—I saw it at a quarter-past nine, and when I let the prisoner out at ten I tried the desk, and it was locked—there were two 10l. notes, three 5l. notes, about thirty-two
sovereigns, and other money and papers in the cash-box—under the desk I found this chisel (produced)—I was present when Cronin searched the shop, and saw him find some lucifer-matches and the remains of a taper that had been burnt—some hours after, I found in the shutter-box, under the counter, a filthy handkerchief, and marked with blood—there were also marks of urine about the shop—there is room in that place for any one to have lain down—I went in myself—it is the length of the shutters.
Cross-examined by MR. O'BRIEN. Q. How long has Lovell been in the habit of cleaning out your shop? A. I believe he had been employed twice before, about a fortnight or a month before—next morning I and the police-man went to his father's about half-past five, or a quarter to six—the prisoner came to my shop about half an hour after that, and said he had come in consequence of my having sent to his house—I said I had been robbed, and charged him with it—his father's house is about ten minutes' walk from my shop—his father answered the door—we searched the room—every facility was afforded us.
PAUL CRONIN (policeman, C 158). I was on duty in Piccadilly on 22nd Jan. I tried Mr. Skeffington's door two or three times in the course of the night, and at three o'clock it was fast—I tried it again at five, and found it was unfastened—I called Mr. Skeffington up—I took Lovell into custody the same morning.
Cross-examined. Q. He came to the shop while you were there? A. Yes; I suggested to his parents that he had better come—I searched his father's house—every reasonable facility was given us—we first went at a few minutes before six—when I tried the door in the night, I turned the handle and pushed hard, and there was just the usual resistance—when I went to Lovell's house I saw his father and mother, and they said he was gone to Covent-garden—I had not the chisel with me then.
Redding. Q. Do you know me? A. No.
JAMES BROWN (policeman, F 142). On the morning of 22nd Jan. I was on duty in Wellington-street, Strand, with Hard, and about half-past six I saw Redding and Fisher going towards Waterloo-bridge—we followed them on to the bridge—I stopped Redding, and asked what she had got there—she said, "Nothing"—she had this cash-box under her arm—I said, "Let me see it"—she said, "I shan't"—I took it from under her shawl, under her arm—she said Fisher gave it her to carry—Fisher had walked a little a head, and was not within hearing—I took her into custody, took her to Bow-street, and she there stated, in Fisher's presence, that she gave it to her—Fisher said she did not.
Fisher. Q. Do you know me? A. I know Redding.
WILLIAM HARD (policeman, A 85). I was with Brown—we followed the two females—Redding had something under her shawl—I stopped Fisher—she put her hand in her bosom, drew out a white handkerchief, and attempted to throw it over the bridge—I prevented her, and put it into my pocket, and put my hand in her bosom, and took from it an empty tin box and these two letters (produced), one addressed "Mr. Lovell," the other "Mr. Lovell, 10, Peter-street, Golden-square, St. James's"—I took her to the station, and on the way she said, "Oh my God, if I get over this, I won't have nothing to do with anything of the kind again"—she said, "Do you think I shall get more than ten years?"—I said, "Don't ask me "—in the handkerchief I found these eleven sovereigns (produced)—I was present the same morning when West took White into custody in Lincoln-court, Drury-lane—Fisher said she lived at 13, Herbert's-buildings, Waterloo-road—I went there, and
in the top room, between the bed and mattress, I found this bundle of letters (produced.)
Cross-examined. Q. Did you go to Golden-square? A. No; (part of one of the letters was here read—"Dear Clara,—I did not have that place done that me and Jack Barns had to do, and I don't mean to have it done before I look more into it, and I am still there," &c.)
WILLIAM WEST (police-sergeant, F 7). On 22nd Jan., about half-past seven o'clock in the morning, I saw the females in custody at the station—Fisher asked me how I thought she would get on—I said it was impossible for me to say—she said the money was given her by a young man who was to meet her the other side of Waterloo-bridge—I went with Hard to Redding's lodgings, 2, Lincoln's-court—I had seen her there—I found White there—he asked me if I wanted Fish—I said, "No, I want you"—I searched him, and in his pocket found 2s. and 4d. in halfpence—he said, "That is all I have"—I then said, "Take off your boots"—he did so, and in them I found eleven sovereigns.
JAMES DOWSETT (policeman T 136). On 22nd Jan., I was on duty at Bow-street station, and heard Redding and White talking in different cells—Redding said, "How shall we get on?"—White said, "I shall get fifteen years, you will get off"—Redding then said, "There is no b—y chance for us, for they found it on us"—White said, "I wish they would turn the lot of us up but there is no chance"—I understood by turn up, that they would get off—there were no other persons in the cells.
Cross-examined. Q. I thought turning up was arresting? A. No, it is generally used to mean discharged; I have often heard it used.
Cross-examined. Q. Which day between the 4th and 16th was the visiting day? A. I do not recollect; I saw Lovell once—I do not recollect the day; it was in the afternoon—there are perhaps 2000 visitors in a day—in consequence of something Fisher said when she presented the order to be admitted, I paid particular attention to these two men when they came—White came, and asked for Fisher, and I saw him join Lovell in York-street—Lovell did not speak to me—a great number of persons inquired for Fisher.
MR. COCKLE. Q. Did White go in? A. No, neither of them—he was told it was not a visiting-day, and he could not see her—there were not many persons there that day.
ANDREW DOWN . I am a French-polisher, at 3, Lincoln's-court, Drury-lane—I am landlord of No. 2, where Redding occupied a room for about six months, from last July or August—I know the other prisoners—they visited Redding—Lovell has been there more frequently than the others—I have seen them all repeatedly; sometimes two, and sometimes three together—I have sometimes seen the two females together—I am not prepared to say I have seen them all together at one time—Redding lived with a man named Fish—I last saw him on the morning of 22nd Jan.—he came to my place to pay the rent—he intimated something about a change of residence, and went away—in two minutes afterwards the officers were in search of him—I have seen him once since, but not at the lodgings.
Cross-examined. Q. How long did Redding live there? A. Till she was taken; she had a great many visitors—I probably should not know all I have seen—Redding was known to me as Mrs. Fish—Fish is lost, in consequence of what has transpired.
White. Q. Did you ever see me in the room? A. I have seen you go in and out and speak to Redding—I do not know whether you lived there.
MARGARET LOVELL . I am the prisoner's mother. I never saw this chisel before (looking at the one found in the prosecutor's shop)—I never had it in my hand—one of the gentlemen had something in his hand when he came to our house, but I did not handle it, or look at it—I cannot swear whether it was this—my son lives with me—on my oath, I never, to my knowledge, saw either of the other prisoners—I can neither read nor write; my husband can, but we have very little of it.
Cross-examined. Q. Your husband is a labourer? A. Yes; I recollect the morning the gentlemen and the policeman came to my house—my son had been gone out a very few minutes then, and he came in a short time after—I told him the policeman had been, and he went down immediately—we occupy the first floor—we sleep in the same room—my son came home in the evening, and was in bed before eleven o'clock—I was then in bed; my husband was going to bed—on my solemn oath he did not leave the room again till a few minutes before the policeman came—we have lived in the house nine years—my son can read, but not write.
MR. COCKLE. Q. What night are you speaking of? A. Last Monday night fortnight—we guessed he was taken for some crime or other—I have never received any letter from him.
PATRICK LOVELL . I believe I am the prisoner's father. The prosecutor called at my place on 21st Jan.—I cannot say whether Cronin is the officer who was with him—I am a builder's labourer—I do not use such tools as this chisel; I never used that, to my knowledge—I cannot say whose it is—I never had such in my possession, I am positive—to the best of my knowledge I never saw it before you handed it to me—I can read and write a little—my son went to school—he can read a little, but I never saw him write—I told him the gentleman and a policeman had been inquiring for him, I supposed there was something amiss, and he went off to the place directly—the night before, he came in at about a quarter to eleven—the bed-room door was bolted or locked in the night—I went to Marlborough-street, and they would not allow me to go before the Magistrate—they shoved me out, and would not hear what I had to say,
Cross-examined. Q. Which day did you go? A. Last Monday; I did not go before that—my son went out at six o'clock on the morning he was taken—he had not been gone more than a quarter of an hour when the gentleman and police came—I told the gentleman and policeman, if they had any doubt, to search my place; and I handed them my tool-basket, and they would not have it.
MR. COCKLE. Q. Did you see such an instrument as this chisel put into your wife's hand that morning? A. No; they did not produce anything to her when I was there.
MR. SKEFFINGTON re-examined. This is the box I lost; there was 67l. or 68l. in it.
White's Defence. Between seven and eight o'clock that morning I met a young woman in Drury-lane, who gave me the money, and I put it into my shoes.
Redding's Defence. I met somebody who offered me 1d. to carry the box.
MR. O'BRIEN called
Cross-examined by MR. BALLANTINE. Q. What it he? A. A bricklayer's labourer; I have known him intimately, being employed under the same master, Mr. Cummings—he lives at 9 or 10, Peter-street, Westminster—I have been there frequently—I never bad any letters from him—he cannot write—I know that when I have had to pay him his wages he has put a cross.
CHARLES BATEMAN . I am a turner, and live at 4, Hopkin-street; I have lived there twenty-eight years. I have known Lovell since he was a boy—there is not a young man in the parish who has got a better character for honesty and sobriety.
Cross-examined. Q. Did you know him in Mr. Cummings' employ? A. No; he was something in the bricklayer's trade—he lived at 10, Peter-street, within twenty yards of me—I have been there—I am not aware that he can write.
(William Mitchell and John Casey also gave Lovell a good character; but the officers, West, Brown, and Cronin deposed to his being the associate of thieves.)
WILLIAM SKEFFINGTON re-examined. When I employed Lovell he told me he had had no employment for the last two years—that was six weeks before the robbery—I found the private door shut in the morning—I had taken the key to bed with me—there is no passage at the side of my house—the shop door and private door are both flush with Piccadilly.
WHITE, REDDING, and FISHER— GUILTY of Receiving .— Transported for Ten Years.
LOVELL— NOT GUILTY .
Before Edward Bullock, Esq.
SAMUEL PATTEN . I live at Woodford Wells, in Essex. On the 31st Jan., about four o'clock in the afternoon, I received information about a pig; and about half-past seven the same day, two hind quarters and part of the ribs of pork were brought to me with the hair on—I could tell that it was part of a pig which I had lost, and which I had seen safe at seven that morning.
HENRY POCOCK . On 31st Jan., about half-past three o'clock, I was in a tap-room, at Woodford Wells—Bunce spoke to me, and asked me if I knew anybody that would take a quarter of pork with the hair on—I told him I thought it was a very awkward thing to get rid of—he told me I could have the head for 1s.—I said I had not any money to purchase it, and he said he would trust me till Saturday night—I agreed to meet him in the Forest—I afterwards saw the prosecutor, and told him—I then met Bunce in the Forest about four—I gave him a gun—when we returned home at dark, he told me the pork was in a small bag, and it would not tie—I gave him a bag to put some pork in to bring to me—in about three-quarters of an hour afterwards, I saw the two prisoners with the bag in their possession—they were about fifteen yards from where they had placed the bag on some bricks of some ruins, and they walked away from it—I went and told the policeman—before I went to the Forest, Bunce told me he was very much afraid it was Mr. Patten's pig, and he asked if I had heard anything about
it—I have seen the pork since—it is not here, but the skin of it is—I am able to say it was Mr. Patten's pig—the pork I saw in the bag was part of the loin and two legs, with the skin on, and it was warm.
Bunce. Q. Did you see me with any bag, or pork? A. Yes; on your shoulder, and Hurrell was by your side.
WILLIAM SPENCER (policeman, K 309). On 31st Jan. I went to Pocock's house—I saw Bunce come twice to the window, and tap—Pocock came out of the house, and told me something—I went and found the prisoner, and then went to where the pork was, on some loose bricks in some ruins—I found the hind quarter of the pig and part of the loin.
THOMAS DELABERTAUCHE (policeman, K 146). On 31st Jan. I went to Pocock's—I saw Bunce come and tap at the window—Pocock told us where to go—I found the pork and bag, and took possession of it—I took Hurrell at twelve o'clock at night at his lodging at Chingford—he was in bed—there were some spots of blood on his sleeve, and some on Bunce's coat.
Hurrell. I had cut my finger, and, in turning my sleeve up, the spots came on my sleeve.
SAMUEL GRIGGS . On 31st Jan., about twelve o'clock, I was working on the Chingford-road—the two prisoners came and spoke to me—I then went to my dinner, and on my way back I saw them again near the holly bushes, about half a mile from where the prosecutor lives.
JAMES WHITE (police-sergeant, K 13). On 1st Feb. I found part of a pig in some holly-bushes, near Whitehall-road—I compared it with the pork the other officers had taken off the bricks, and it corresponded.
Hurrell's Defence. We came from work, and went into the Forest; after this witness had passed us, we went to dinner; I stopped at home all the afternoon.
HURRELL— NOT GUILTY .
BUNCE— GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
GEORGE BEST (policeman, K 333). On 23rd Jan. I was at Ilford—I received information between one and two o'clock—I went to the back street with a brother constable, to make search for a piece of timber that was missing—we found it in a court close to where we took the two prisoners into custody; they were coming out of the court—I went across several fields, towards the prosecutor's, and I could trace the foot-marks of two persons—I found a piece of bark near where the timber was standing on the prosecutor's premises, and on comparing it with a place where the bark was missing on one of the pieces of wood, we found that it corresponded exactly—I measured the foot-steps with a piece of a tree—I then took another piece of wood, and took the measure of the prisoner's boots, and they corresponded exactly in length and breadth.
Curtis. You say it was a piece of stick you brought into the lock-up, and it was a piece of string you brought.
RICHARD RIPP (policeman, K 156). I went with my brother officer on 23rd Jan., and found a piece of timber in a court, in the back-street, at Ilford—Busbridge said they got it out of the river three days ago—the river is about four hundred yards from the prosecutor's.
Busbridge. I saw the wood floating down with the tide; I took it out, and laid it to dry, and on the Wednesday we were taking it home.
NOT GUILTY .
Before Edward Bullock, Esq.
GEORGE CRANEY . I am in the service of Mr. Philip Saunders Phillips, a pawnbroker, at Stratford. On 16th Jan. the prisoner came to our shop with Ann Donovan—she came to redeem some articles she had pawned—I was serving a customer at the time—some bed-gowns were produced—there was one in particular which I had in my hand, and I placed it on the writing-desk with some others—the prisoner left the shop, and in about half an hour I missed the bed-gown—I made inquiries, and found it at Mrs. Raynor's—this is it—I can swear to it by the mark—next morning the prisoner came to the shop—I sent for Mrs. Raynor, and she identified her—when I accused the prisoner of stealing it, Donovan who came with her was outside—the prisoner said Donovan gave it her, and Donovan denied it.
Prisoner. Q. Was not I at one end of the counter, and Donovan at the other end? A. No; you were both at one end.
RACHEL RAYNOR . I keep a shop in High-street, Stratford. On 16th Jan. the prisoner brought this bed-gown to my house for sale—she asked me 9d. for it—she said she had made it herself—I bought it, and gave it to the officer.
Prisoner. Q. Did you not pull it down on the ground? and did you not nudge me, and I took it off the floor? I went to the Blue Boar and changed a shilling, and gave you sixpence. A. No, you did not.
Prisoner. I am guilty of selling it, but I did not steal it; I throw myself on your mercy.
(The prisoner received a good character).
GUILTY . Aged 45.—Recommended to mercy by the Jury and Prosecutor.—
Confined Eight Days.
Before Mr. Recorder.
CHARLOTTE NICHOLS . I am servant to Mr. Henry Woolley, of Forest-gate, West Ham. I missed a silver spoon on 18th Jan.—Moore was occasionally employed by my master to clean knives, and do other things—this bowl of the spoon was shown to me by the officer on Sunday, 20th Jan.—I think this is part of the spoon I lost—I know it by its being like what we lost, and by constantly using it—there is something scratched on it, which
is the mark the officer made—I believe that was not on it when it was taken away—I can swear to it by the end of the spoon being worn very thin—I have no doubt at all about it.
BENJAMIN JONES (policeman, K 346). On 19th Jan. I was on duty in Stratford—I went to Mr. Wayland, a watch-maker—I afterwards apprehended Moore—I told him he was charged with stealing two silver forks and a spoon of Mr. Woolley's—he said he would tell the truth; he had done so, and sold part at Mr. Wayland's, and another part to Mr. Lamb.
JOSEPH BENTON (policeman, K 381). I produce this bowl of a spoon—it was given me by Ann Bulley at Mr. Lamb's—I apprehended Gilson—I told him it was on suspicion of stealing two forks and a spoon—he said he sold part of a fork to Mr. Wayland—he said nothing about the spoon.
GILSON—NOT GUILTY. MOORE— GUILTY . Aged 17.
MOORE pleaded GUILTY . Aged 17.— Confined Three Months.
JOSEPH BENTON (policeman, K 381). I apprehended Gilson on Saturday evening, 19th Jan.—I told him it was on suspicion of stealing two silver forks and a silver spoon—he denied it—I took him to Mr. Wayland's, and in going along he said, "I did sell one piece to Mr. Wayland, the top part of the fork, and that was all I did sell"—as I was taking him to Ilford Gaol, he asked me if I was going to take Sales—I said, "What for?"—he then said he sold one piece at a silversmith's shop past White Horse-lane, and another piece in the Minories, opposite Mr. Moses—he said he had cut up the silver forks with a knife, and Moore had given them to him—I said it was alleged to be the property of Mr. Woolley, of Forest-gate.
Gilson. I am innocent; I told the officer, I did not know it was stolen; but I told him I was not guilty.
COURT to JOSEPH BENTON. Q. Did he tell you he did not know they were stolen? A. No—he almost told me he did know it—he said he cut it up with a knife, and he said, "We must do the best we can"—he did not say that he did not know how they were come by—I could not find the part he told me he had sold to Mr. Samuels in the Minories—Mr. Samuels sai he had had it, but had parted with it.
SAMUEL SAMUELS . I purchased a small part of a fork on 2nd Jan. of a lad very much like Gilson—it had been very much cut, and looked black and discoloured—I am not in the habit of buying chopped forks—I am not certain it was of Gilson—I sold it, with other silver, to Mr. Jones, a refiner, in Albermarle-street—I did not know whether it had been chopped or not—there was one prong out in the centre—I am not in the habit of buying such things of such sort of customers; but I was called down from my tea on the 2nd of Jan., and a person, very much like Gilson, asked if I bought old silver—I said, "Yes"—it weighed 8 dwts.—I gave him 1s. 6d.—I did not see anybody else.
GILSON— GUILTY of Receiving. Aged 16.— Confined Three Months.
Before Mr. Common Serjeant.
HELEN HARDIN . I am the wife of Henry Thomas Hardin; we keep a draper's shop in Church-street, Woolwich. On 30th Jan. we had some stockings outside the door—we missed two pairs—these are them—this ticket was on them.
WILLIAM GLADWIN (policeman, R 122). I produce a certificate of Page's conviction at this Court—(read—Convicted April, 1849, having been before convicted—Confined one month and whipped)—Page is the person—he bears a very bad character—he has been in prison twenty times, and has drawn away about twenty different lads—Hewson has been in custody four or five times.
PAGE— GUILTY . Aged 17.— Transported for Seven Years.
HEWSON— GUILTY . Aged 15.— Confined Three Months.
JOHN BRICKILL . I am assistant to Thomas Pacey Birts, of Woolwich. We had some calico on 10th Jan.—the prisoner was a customer—this calico is my master's—I saw it safe on Monday, 7th Jan., and it was found at the pawnbroker's on Saturday 12th—here is my own mark on it—I have not sold it—three other persons sell; they are not here.
NOT GUILTY .
JOHN BRICKILL . On 12th Jan., between four and five in the afternoon, I missed a tent furniture, which I had seen safe on the drawers at ten in the morning—I went to Mr. Davis's, and they produced it to me—this is it—I am positive this was not sold—I was in the shop nearly the whole day, except going to my dinner for about a quarter of an hour, and such a thing as this would have been mentioned to me.
Cross-examined by MR. COCKLE. Q. What stock of these had you? A. Two where this was placed—no other person from the shop is here—I know the prisoner as a customer—she lives near us—I saw her in and out of the shop several times that day.
JURY to JOHN BRICKILL. Q. How far from the door were the drawers on which this furniture was placed? A. Nine feet—it was placed on the drawers, and on the drawers was a bedstead—it was between them—this
might have been taken out and not missed, by hiding it under their cloak—the customers pass the drawers to come to the counter.
(The prisoner received a good character.)
NOT GUILTY .
JANE WEAVER pleaded GUILTY . Aged 20.— Confined One Month.
JOHN WHITE (policeman, R 180). I received information, and went to 10, Orchard-place, where I saw the two prisoners—I said they were charged with stealing five spoons—they said they knew nothing of it—I went upstairs with Elizabeth Weaver, the mother, and was about to search a cup-board—I saw her lift up her dress, and asked her for her pocket—she refused to give it me—I took her to the station, and the female searcher found on her two duplicates relating to these spoons.
Elizabeth Weaver's Defence. I was very much distressed to pay my rent; I did not mean to steal them.
ELIZABETH WEAVER— GUILTY . Aged 37.—Recommended to mercy by
the Prosecutor and Jury.— Confined Six Months
Prisoner's Defence. I bought them of a boy.
GUILTY .* Aged 31.— Confined Six Months.
ORPHA JUDD . I am the wife of John Judd, of Woolwich. On 21st Jan., I was in the shop, and saw the prisoner take a pair of boots off a post outside the shop, and run off—there was another marine with him; they both ran—I followed them—I did not lose sight of the prisoner.
Prisoner's Defence. I was going by the shop, but did not touch the boots.
GUILTY . Aged 18.— Confined Six Months.
JANE IRWIN . I am the wife of Henry Irwin; we keep a general shop at Woolwich. On 22nd Jan., about half-past seven o'clock in the evening, the prisoner, who is a private artilleryman, came into my shop—he asked for half-an-ounce of tobacco—he put down a penny and a halfpenny—I said it was another farthing—he then asked me if there was a lion on a shilling—I said
I never took notice—he asked me to look, as he had laid a wager about it—I took out my silver in my hand—he put his hand in nine, and said, "There is one, there is one"—my money seemed to get less, and I thought he had robbed me, and asked him to open his hand, and a sixpence dropped from it—he then said, "I want the change for my shilling"—I said he gave me no shilling, he gave me a penny and a halfpenny—he said he did, and he would fetch a policeman—he ran out; I and my little boy followed him; he kept putting his hand to the back of his collar—I lost sight of him—he was afterwards brought back by a policeman—I counted my money afterwards, and one shilling and two sixpences were gone from it.
Prisoner. The sixpence in my hand was the sixpence you gave me in part of my change; it would be a very curious thing if I could take a sixpence out of your hand, and you not see it. Witness. You said you would give me your watch to compromise the matter.
GEORGE COOPER . I saw the prisoner running; some yards behind him a boy was calling, "Stop thief!"—the prisoner turned down an alley—I searched about the place, and could find nobody—at last I found a back-door open—I called, and a woman came with a light—I found the prisoner crouched down in a corner—I told him to come out, and told him what the boy had told me—he said I was a liar—he kicked at me, and called me all the names he could think of—he was taken into custody; I asked if he had any money—he said, "No"—when he was searched a sixpence fell from his stock.
Prisoner. He told me to unhook my stock; I had a sixpence in my hand, and it slipped out. Witness. No, it fell from his collar; he said he had a watch, and he would give it to Mrs. Irwin in place of the 2s., if she would not charge him.
GUILTY . Aged 28.— Confined Eighteen Months.
Before Edward Bullock, Esq.
MARY HOBBS . I am the wife of Samuel Hobbs; we keep a baker's shop in Woolwich. On 3rd Jan., between five and six o'clock, a man came into the shop—I could not swear to him—he asked for two halfpenny rolls, and gave me a half-crown—I gave him 2s. 5d. change—I turned to come away from the counter, and he said I had not given him enough by sixpence—I said I knew I had, but rather than have any trouble or bother I would give him another sixpence—he said I had not, and if I would come behind the counter I should see that I had not—I looked, and there lay 1s. 6d. and some halfpence on the counter—I gave him another sixpence out of my pocket.
Cross-examined by MR. PAYNE. Q. Where is the counter? A. In the middle of the shop window—the door is about three-quarters of a yard from the counter.
WILLIAM GLADWIN (policeman, R 122.) On the afternoon of 3rd Jan. I was on duty near Mr. Hobbs's shop—I saw the prisoners together loitering about—I watched Dakin into Mr. Hobbs's shop—Jeffers stood outside—I saw Dakin lay a half-crown on the counter, and Mrs. Hobbs gave him two shillings and some coppers—she laid them on the counter—I then saw
Dakin take up one shilling and put it into his mouth, and put a sixpence down—there was some altercation respecting it—Mrs. Hobbs put her hand into her pocket, and gave him something out—he came out and joined Jeffers, and they went away—I saw them go into several other places; to Mr. Hammond's, the Star and Garter: to Miss Birch's; and to Mr. Oliver's shop at Charlton—I then took them to the station—Jeffers complained much of his throat, and we sent for the doctor, who took this 5s.-piece out of his throat—I saw it.
SAMUEL YATES . I live with Mr. Oliver, a grocer, at Charlton. On the evening of 3rd Jan. Jeffers came in and asked for change for a 5s.-piece—I did not see Dakin till the officer brought him into the shop.
THOMAS WHITEHEAD (policeman, R 258). I apprehended Dakin outside Mr. Oliver's—I took him into the shop, and after a scuffle that ensued in the shop he said, "All right?"—Jeffers said, "Yes," and he said, "We will go quietly."
EDWARD FEALY . I am barman at Mr. Hammond's, the Star and Garter. On 3rd Jan. the prisoners came to the bar and called for half-a-quartern of gin—I served them—Jeffers gave me a half-crown—I gave them two shillings and 4d. in copper—I then served somebody else—Jeffers said, "You have not given me right change," and there then laid on the counter, in place of the change I had given them, only one sixpence and the coppers—they declared that was all I had given them—I knew that I had given them right, but rather than have any disturbance with them I gave them 1s. 6d. more—they took it up and went out of the place.
Cross-examined. Q. Are you satisfied now that you gave them right change? A. Yes, so satisfied that I went to look for a policeman.
HARRIET HAMMOND . I am the wife of Leonard Hammond, a publican. On 3rd Jan. I saw the prisoners—Dakin gave me a half-crown in payment for half-a-quartern of gin—I gave him two shillings, and 4d. in halfpence—I turned my back for an instant, and Dakin said, "It was a half-crown I gave you"—I said, "I know it was, and I have given you 2s. 4d."—there was then only a sixpence and 4d. on the counter—he said that was all I had given him—Mr. Hammond was out—I was quite alone, and rather than have any dispute with them I took the sixpence and gave them two shillings.
DAKIN. Aged 23.
JEFFERS. Aged 26.
GUILTY of Conspiracy .— Confined Twelve Months
Before Mr. Common Serjeant.
484. SAMUEL EWINS was indicted for a robbery, with violence, upon John Julien Wood, and stealing from his person, and against his will, 1 watch and chain, value 14l., 5 shillings, 10 pence, and 8 halfpence; his property.
MR. BALLANTINE conducted the Prosecution.
JOHN JULIEN WOOD . I live at Lewisham, with my father, who is a carpet-manufacturer, of Watling-street—I am fifteen years old. On the evening of 15th Jan. I was at the house of Mr. Wire, at Lewisham, and left there about ten minutes before seven o'clock—I had to pass the Hope public-house to go home; I was going to the Congregational School—I had to turn back to go there, and as I turned I saw the prisoner come out of the Hope—I am quite sure he is the person; I knew him before—I turned up Silver-street, which is at the side of the Hope, and the prisoner followed me—I turned, and asked him the way to the Congregational School, as I did not know it—he made an indistinct answer—I was then within a few yards of him—I walked
on, and he walked after me, rather closer than before—when we got to the end of the houses, I asked him why he was following me—he gave me an indistinct answer—we had then passed the houses, and he put his arm round my neck, and one of his legs between mine, and tripped me up—I fell on my back—he tore open my coat, which was buttoned, and took some shillings from my right-hand trowsers pocket—he took my watch, and the guard-chain attached to it, from my waistcoat pocket, and then ran away, leaving me only 4 1/2d.—I ran after him, and followed him to the top of Vicker's Hill—he there jumped through the hedge—I followed, and then lost sight of him—I then went back to the Hope, and told the landlady—I went to the station next morning, and there saw the prisoner, with others—I recognized him at once—I have no doubt about him—I had often seen him before—he was always about the village of Lewisham—my watch was worth about nine guineas, and the chain 5l.
Prisoner. Q. Did you not go back to the Hope, and say to five or six men there, were not they the men that went outside just now? A. No; I did not say I saw two of them outside, and if there had been a constable there I would have had either of them locked up.
Prisoner. He is not capable of taking care of himself; he is obliged to have a groom or somebody to lead him about; he is not in his right senses.
THOMAS RANSOM . I am pot-boy at the Hope, and know the prisoner—I remember his being at our house on 15th Jan., about six o'clock in the evening—he left just about seven—the prosecutor came in about ten minutes past, and complained of being robbed—the prisoner returned again in about three quarters of an hour.
Prisoner. Q. Did not Mr. Wood come into the tap-room, and ask whether they were not the two men outside? A. He came in, and asked whether either of them had been out.
GEORGE TAFFREY (policeman.) I received a description of the person who had robbed Mr. Wood about a quarter past nine o'clock, and, after making inquiries at the Hope, I took the prisoner at his house, in bed—I told him what it was for—he said he knew nothing about it—I found this frock at his lodging (produced)—I have had the place pointed put to me where Master Wood was knocked down—it is about 200 yards from the Hope, and in Lewisham parish.
J. J. WOOD re-examined. The prisoner had not this frock on when he robbed me.
GUILTY . † Aged 21.— Transported for Ten Years.
Before Mr. Justice Talfourd.
GUILTY . Aged 34.— Transported for Seven Years.
Before Mr. Common Serjeant.
NOT GUILTY .
GUILTY . Aged 18.— Confined Nine Months.
GUILTY . Aged 19.— Confined Four Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 22.— Confined Two Days.
(His master gave him a good character, and engaged to employ him.)
BUCKLAND pleaded GUILTY . Aged 16.
JONES pleaded GUILTY . Aged 14.
Confined Three Months and Whipped.
THOMAS TAYLOR . I live at Clapham; it is my dwelling-house. On the evening of 11th Jan., at half-past seven o'clock, I received information—I examined my window, and found it had been broken, and I missed these four umbrellas (produced)—these are mine.
ALFRED SPICE (police-sergeant, V 47). I stopped the prisoner, with these umbrellas, about seven o'clock that evening—he threw them down, and ran away—I pursued, and took him—he said he did not have them.
Prisoner. I did not try to escape; there was another young man who did. Witness. There was another man, who had one; you had two—I found you not above twenty yards from the prosecutor's door—I saw you before you went to the window, and saw you come away—I was in private clothes.
GUILTY . † Aged 24.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Edward Bullock, Esq.
CHARLES PILCHER (policeman, K 190). I know the prisoner—I and my wife were present when he was married to Mary Bridger, in the Church of St. George, Middlesex—I saw Mary Bridger about three weeks ago.
MARTHA MARY CLARO . I have known the prisoner about a year and a half—he is an embosser, and represented himself as single—on 11th July, 1848, I was married to him, in Whitechapel Church—he gave me the name of Frederick Phillips.
Prisoner. Q. Were you not aware that I was married? A. No—I had a child before I was married.
GEORGE QUINNEAR (police-sergeant, P 1). I took the prisoner in the parish of St. Mary, Newington—he was charged by the father of the prosecutrix with bigamy—he looked at him, and said, "Can you prove it?"—I
produce the certificates of the two marriages—I have compared them with the originals—they are correct—(read).
Prisoner. She knew at the time how I was situated; she had known me three years full.
GUILTY . Aged 35.— Confined Two Years.
CHARLES SCALES . I live in Lambeth-walk. The prisoner was my errand-boy—he came to me on Tuesday, 18th Dec.; and on the following Saturday, the 22nd, about a quarter to nine o'clock in the morning, I gave him two 5l.-notes and five sovereigns to take to Mr. Scott, in Fetter-lane—he saw me put the five sovereigns into the parcel—I asked him if he had a good pocket—he said he had—he showed it me, and it appeared good—he was to come back—I did not see him again till he was in custody, a fortnight afterwards.
THOMAS GARFORTH (policeman, L 151). I took the prisoner on 7th Jan., at his father's house, in Paradise-street, Lambeth—I said, "You must consider yourself in my custody, for absconding with two 5l.-notes and five sovereigns"—he said, "I am willing to go; I am sorry I did not come back before; I lost the money"—he said he was running after an omnibus; he could not catch that, and he ran after a cab, and opposite the Horse Guards he missed the money—I asked which pocket he put it in—he said, "This," pointing to his right-hand trowsers pocket—I said, "Are these the trowsers that you have on?"—he said, "No; I gave my old trowsers and 3d. for these."
GUILTY . Aged 17.— Confined Six Months.
WILLIAM HARLEY . I live in Paradise-street, Rotherhithe, and am a blocker. Between two and three o'clock, on the morning of 15th Jan., I went into the Surrey Coal-hole—the prisoner and several others were there—two young men were with me—something took place with the barman—I went out, and came in again, when the prisoner caught hold of me round the waist, and I felt his hand in my pocket, and at the same time two men caught hold of each arm—I had two penny pieces and two halfpence safe in my pocket two minutes previous to going into the house—I was let go—I then put my hand into my pocket, and missed them—I went outside, and told my friends—I saw a policeman, and took him inside—the prisoner was not there—I took him afterwards.
Cross-examined by MR. PAYNE. Q. Where was he taken? A. In the Surrey Coal Hole—he went out and came in again—I had been to the free-and-easy in Blackfriars-road—I had taken some porter, nothing else—the free-and-easy finishes at twelve o'clock—I did not go till it was nearly finished, but the house was open—I was there till about two—I had known one of my friends two years, and the other six months—I met one of them at the free-and-easy—we stopped there about two hours—I got to the Coal Hole between two and three—there was a dispute between the barman and one of my friends, and a quarrel between my other friend and the door-keeper—the barman had put my friends out—he put the first of them out without any trouble; with the second he had some trouble, and then the prisoner took me round
the waist—this is not the first time I said anything about two men taking hold of my arms; I said it before the Magistrate—I have no work now; I live with my father.
GUILTY . Aged 19.— Confined Twelve Months.
THOMAS LADD (police-sergeant, L 12). On the evening of 9th Jan., I was in Waterloo-road—I saw the prisoner and another boy standing at a shop-window—I watched them—they left the window suddenly—the other boy walked; the prisoner ran past me with this brass in his hand—I ran after him; he threw it down—I caught him, and took him back a short distance, and was surrounded by a number of persons—I inquired if any one had picked up what he had thrown down, and a female named Hyde showed me this tube—I went to the station, and found Hyde there with this tube—I went to the prosecutrix's shop, and found a hole in the window, about large enough to get a hand conveniently through and take anything out.
Prisoner's Defence. I did not take the pipe; some one walked sharply by me and threw it down, and the policeman came and took me.
GUILTY . Aged 13.— Confined Six Months.
FRANCIS DUFFIELD . I live in Chester-place, Old Kent-road; it is my dwelling-house, and is in the parish of St. Giles, Camberwell. On the evening of 25th Jan., about six o'clock, I was in the parlour behind my shop—I heard the breaking of my window—I went into the shop, and found a pane of glass broken which had been safe just before—I ran out, and saw the prisoner running, twenty or thirty yards off—I called, and saw him stopped after some chase—he came towards me, and I took hold of him—he said, "You are wrong in your identity"—I brought him back, and missed this watch (produced)—it was brought in afterwards by the officer; I had seen it safe in the window not five minutes before; it is mine—I saw the prisoner between eleven and twelve that morning just outside the gate of my house, five or six yards from my window, with another party, apparently making some observations about the watches in the window, and afterwards he put his hands together, and said, "That will do."
THOMAS WELLS . Between six and seven o'clock that evening, I was coming along the Kent-road, nearly opposite the prosecutor's house—I heard a smash of glass, and I saw the prisoner run out of the prosecutor's gate—I did not know him before—I am quite sure he is the man—the prosecutor followed him immediately—we both pursued him—I lost sight of him—when I got sight of him again the prosecutor had got him.
Prisoner's Defence. I heard a smash at the window, and saw a party run; I ran after him, and they stopped me.
LEWIS BRAT (policeman, P 105). I produce a certificate of the prisoner's former conviction here—(Read—John Moore, convicted May, 1847, on his own confession and confined four months)—I was present; the prisoner is the party.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Recorder.
CHARLES EASTWOOD . I am a linendraper, of 45, Newington-causeway. On 22nd Jan. I heard a cry of "Thief!" ran out, and saw the prisoner in the custody of my next-door neighbour, and a piece of print on the pavement, which had been in the shop about twenty minutes before.
EDWARD DREW . I am servant to Mr. Eastwood. I saw the prisoner come in at the door, stoop down, take hold of a piece of print, which was about four feet inside, and make off with it; seeing people come she threw it down—I fetched a policeman—I never lost sight of her till she was secured.
Prisoner's Defence. A great many people rushed by me, but I did not take it.
GUILTY .— Confined Three Months.
JOSEPH PARKER . I am foreman to Mr. Dicker, a pawnbroker, of Lower Marsh, Lambeth. On 22nd Jan. the prisoner came to my shop with this silver sugar-basin bent up—he said he picked it up in the Blackfriars-road—I gave him in charge—it is nearly two hundred years old—the date is on it, "1686."
ELIZABETH FLOWERS . I am the wife of Page Flowers, an engine-driver, of 7, Walnut-tree-walk, Lambeth. The prisoner's brother lives in the kitchen—I have seen the prisoner two or three times—on 21st Jan. I went out at
ten o'clock at night, and was not home till twelve—next morning I missed this sugar-basin—it is my husband's, and worth 25s. as old silver—my parlour-door was not locked—a person must pass it to go to the kitchen.
Prisoner's Defence. On the Monday evening, I left my brother's to go home; as I came out, I found this, and thought it was a bit of tin.
GUILTY .— Transported for Seven Years.
MR. PLATT conducted the Prosecution.
ALFRED SPICE (policeman, V 47). On 31st Jan. I was on duty with Gibbs in Vauxhall-road—I received information, and went in search of the prisoner down the Clapham-road—I passed them near Stock well-terrace, and followed them up to Kennington—1 stopped Walter, and asked if he had got anything about him—he made me no answer—I searched, and found these eight scent-bottles (produced) in his trowsers' pocket—he said he bought them of a man up the road—I found a knife on him—Mr. Miller's is about a mile from where we first saw them—I went there and found a piece of glass had been pushed in—in a yard opposite I found this case, which the bottles had been in.
HENRY MILLER . I am a chemist, of North-street, Clapham; it is my dwelling-house. This case and the bottles are mine, and were safe in my window about two o'clock, nearly an arm's-length from the glass—the window had been broken and secured with another piece of glass puttied round—when I was shutting up the shop, I found it pushed away, and missed the case.
Cross-examined by MR. PAYNE. Q. What size was the hole at half-past eight? A. This case could be taken out sideways—the pane was four times the size of this case—the original hole was large enough for the case to come through, after the piece was removed—the putty was not removed the last time I saw it.
Walter's Defence. I had them because he would not carry them all in his pocket for fear of breaking them.
FREEMAN— GUILTY . Aged 27.
WALTER— GUILTY .* Aged 19.
Confined One Year.
502. WILLIAM HURCUM, WILLIAM JENNINGS, RICHARD LUCKINGS , and DANIEL BROOKS , stealing 4 bushels of oats, 5 trusses of clover-hay, and 1 truss of hay, value 1l. 4s. 6d.; the property of Sarah Gilham, the mistress of Luckings and Brooks: Hurcum having been before convicted.
MR. BALLANTINE conducted the Prosecution.
MR. PARNELL (with MESSRS. CLARKSON, HUDDLESTON, and MILLER) applied to the Court on behalf of the prisoners, to be allowed to withdraw their pleas, and to demur to the indictment, no parish being alleged in it as to where the offence was committed. MR. BALLANTINE stated that the Judges had refused to allow the withdrawal of a plea upon a point of mere technicality; the Court having power to amend in any matter of form. The COURT refused
the application; the prisoners being all described as of the Parish of St. George the Martyr, and the indictment charging that they "then and there" committed the offence; and also that it was committed "at the parish aforesaid, "St. George the Martyr being the only parish mentioned.
HENRY HUNT ( policeman, M 82). I know Mrs. Gilham's house, in High-street, Borough. Previously to the 19th Jan. I had made a communication to her—I was watching there that night from half-past six o'clock—about ten minutes to ten a van drove up into the yard—Jennings held the horse, and Hurcum went into the shop—I communicated with Mrs. Gilham—she told me to do something—I watched, and saw the van come out about ten minutes, or a quarter of an hour after it had gone in—Jennings brought it out, and Hurcum walked by the side of it—Hurcum turned down York-street—I followed Jennings in the van over London-bridge into King William-street, stopped it, and told Jennings that a firkin of butter was stolen out of a cart in the Borough, and I was informed that it had been put into his van, and would he allow me to look—I told him I was a constable—he said I was quite welcome—(it was merely a trick to look into the van)—I examined the van with a lamp, and found two trusses of meadow hay—I asked him if he knew what goods he had got in his van—he said, "No, I do not, but my matter does"—I said he had got more goods than he ought, and he must return back to the Borough—I left him and the cart in Aylett's charge, returned to Mrs. Gilham's, and saw Brooks in the yard—young Mr. Gilham asked him what hay and straw he had put into Hurcum's van—he said, "Nine trusses of straw, six trusses of clover, and one truss of hay"—Mr. Gilham said, "Is that all?"—Brooks said, "Yes"—I went to another stable, and found Luckings—Mr. Gilham asked him what hay and straw he had put into Hurcum's van—he said, "Six trusses of clover;" and then, seeing me, said, "Stop, let me see, I think I put more than that; I think I put ten trusses in, but I don't know; if you ask Dan he knows what trusses were put in"—Dan is Brooks—Mr. Gilham desired them to cone into the shop—they did to, and Hurcum drove up in a chaise-cart, and asked Mr. Gilham if his van had been brought back—he said he had not seen it—I said it had been brought back—and he asked me, what for—I said for having more goods in it than what he had ordered—he said, "Oh, that is easily explained, for when I went up the yard, I told their men to put me in a double order"—I took Luckings and Brooks to the station, and told Hurcum he had better come there, which he did—I examined the van and found two sacks of beans, three of oats, one of bran, nine trusses of straw, and eleven of clover, and two of meadow-hay.
Cross-examined by MR. CLARKSON. Q. Repeat what Hurcum said? A. "That is easily explained, for when I went up the yard, I told their men to put me in a double order, as I had not been there all the week"—I left out the last sentence before.
Cross-examined by MR. PARNELL. Q. How many men are there in the employ? A. Two; Brooks and Luckings—Mrs. Gilham serves—Brooks was sweeping the yard, and Luckings was in the stable—I knew him well before, he was the carman.
ALFRED GILHAM . I am the son of Sarah Gilham, a widow of High-street, Borough; she keeps a corn-chandler's shop. I am not actively engaged in the business; I am not a partner—the constable called on me, and I made an appointment with him—about twenty minutes to ten o'clock Hurcum came and ordered a quarter of oats, a quarter of beans, a sack of bran, six trusses of clover, nine trusses of straw, and one truss of hay—I did not see his van,
it was down in the yard, but I know that the things were taken to it—the foreman took down the order in my presence—the beans and bran were delivered by Luckings and Brooks—they were in my mother's employment—the order was given to them verbally from the books by the foreman—Luckings heard it, and Brooks was so near that he must have heard it—they would not be justified in delivering more goods than they were authorized to do—Hurcum did not apply for more—about ten minutes afterwards the constable called—I copied the order on a piece of paper, and gave it to him—he came in afterwards—I saw the van at the station-house—there was one sack of oats, five trusses of clover, and one truss of hay, more than there ought to be, value 1l. 4s. altogether—Brooks came in to the shop shortly afterwards, and I said, "Did Hurcum have six trusses of hay, four trusses of clover, and nine of straw?" (reversing the hay and clover, not to excite suspicion)—he said, "No, I gave him six trusses of clover, one of hay, and nine of straw"——soon afterwards Hurcum drove up in a chaise, exceedingly excited, and said, "Have you seen anything of my van?"—I told the constable to tell him about it, and he did so.
Cross-examined by MR. CLARKSON. Q. What quantity had Hurcum the Saturday before? A. Three sacks of beans, two of oats, six trusses of clover, two of hay, and nine of straw (referring to the book)—I know by the book that he came on Wednesdays and Saturdays—sometimes he came once a week.
Cross-examined by MR. PARNELL. Q. How long has Luckings been there? A. Six years—I cannot say we had a good opinion of him—the hay and straw was kept in a hay-loft down a long yard—the beans were taken from the cellar, and the bran from the shop—the keys of the loft are hung up in the shop—no one had access to the loft without them—neither of the prisoners serve in the shop—Brooks was general man in the day time—Luckings was out in the day with his cart—when this took place he was in the stable cleaning his horse.
Cross-examined by MR. HUDDLESTON. Q. How far is the hay-loft from the shop? A. About one-third the length of the Old Bailey—Brooks had been in the employ eight years—he was dismissed two years ago, and we engaged him again—Saturday is a busy night, and they have to clear up before they go.
MR. BALLANTINE. Q. Had they anything to do with cleaning the shop at the time they were effecting this order? A. Nothing; and we were very slack that Saturday.
WILLIAM GEORGE SMITH . I am foreman to Mrs. Gilham. On this Saturday evening, Hurcum gave me this order to take down: "A quarter of beans, one of oats, one poke of bran, six trusses of clover, a quarter of a load of straw (about nine trusses), and one truss of hay"—I gave the book to Luckings over the counter—neither of them bad authority to take an order from Hurcum—no order was given besides that.
Cross-examined by MR. CLARKSON. Q. Have not you known instances where the order has been entered, and Hurcum has altered it and come afterwards and told you of it? A. No—I have been there a year and a half—he had been a customer all that time—I was not at home when the van went out—there is an alteration in my writing on the Saturday before, from "four" trusses to "six."
Cross-examined by MR. PARNELL. Q. Do you recollect where the keys of the loft were when Hurcum came? A. No; I did not see them till Monday—it would be the man's duty to bring them back when he had got out the hay and straw—I went home directly Hurcum left.
MR. BALLANTINE. Q. Does your book show that Hurcum came back to make the alteration? A. No.
MR. GILHAM re-examined. Hurcum did not come back at all till he came in the chaise.
ALFRED AYLETT (policeman, M 51). I saw the van leave the yard—Jennings and Hurcum were with it—they went about 150 yards before they separated—Jennings was left in my custody—at the station Hurcum put his hand on Luckings' shoulder and said, "You say what I say."
Cross-examined by MR. PARNELL. Q. You stopped the cart? A. Yes, and brought Jennings back—going over London Bridge he said, "There is something more in the van than they are aware of, I suppose?"—I told him the charge at the station—he said, "I only saw nine trusses of straw put in by Dan; I was putting the horse's nose-bag on; my master was present all the time."
(Luckings received a good character.)
JENNINGS— NOT GUILTY .
HURCUM— GUILTY .— Confined One Year.
LUCKINGS— GUILTY .— Confined Six Months.
BROOKS— GUILTY .— Confined Three Months.
NOT GUILTY .
GUILTY . Aged 32.— Transported for Ten Years.
Before Mr. Justice Talfourd.
MR. CLARKSON and SIR JOHN BAYLEY conducted the Prosecution.
WILLIAM FRY . I am a builder, of the Walworth-road—I know the house, 36, Queen's-row, Walworth—Mr. Urrey is the owner of it—I was employed to let it, and the prisoner came to inquire the terms in the early part of Sept.—he took it of Mr. Urrey, and took possession about 9th Sept.—I had a letter from Mr. Urrey to give him the key, and did so—the rent was to commence on the 29th—he was to pay quarterly—I saw him in possession, and he occupied it nearly three months—the key was returned to me by the Parcels' Delivery Company five or six days after Christmas-day—he paid no rent, and carried on no business except selling a few coals.
Cross-examined by MR. PAYNE. Q. Were you before the Magistrate? A. No—the last time I saw the prisoner there, was 22nd Nov.—I live nearly opposite—I saw his wife and family there, but no lodgers—I do not turn any corner to get there from my house—I cannot see the house, only the steps, but I pass six or ten times a day, and never knew there were lodgers.
ELIZA SIMMS . I live at 35, Queen's-row, and am barmaid to my brother at the Pilgrim public-house. The prisoner came there in Sept., and said he was a glazier, and was about to become the next door neighbour, and if anybody asked for "Mr. Thomas" he was the person, and that he was expecting some furniture—he called several times to know if any one had been to ask for him—he asked me if my brother wanted to purchase some coals, that he was going to open in the coal business and chandler's shop way, and his wife and himself were to carry it on, and he was to do the glazing business—the previous tenant was a painter and glazier, and there was "Painter and glazier" over the door; it was never taken down—I saw a cart come; it might be a day or two before, or a day or two after that conversation—it brought a tea-chest, a chair or two, a table, and an old mattrass—he had told me his furniture was coming by a van—I saw no van come with any furniture—I asked him on several occasions whether he was about opening—he said he had been very busy, and had not had time, but he should do so in a short time—he had opened in the coal trade, but not in the chandlery way—the shop was kept shut up all but two shutters—the coals were in a cellar underneath—there was an outside trap-door—the last time I saw him was one Tuesday or Wednesday night, when he came to take a light at our gas, and went out, and I saw him go down the trap into the cellar—Smith, the constable, came next day or the following Saturday—I saw the prisoner's wife and children come home in a cab about half-past nine in the evening—there was no one in the house in the mean time to my knowledge—the house was shut up, barring the shutters—the shutter of the shop door was always kept down—the prisoner used to call every day; sometimes twice a-day, but I never saw him in a working dress.
Cross-examined. Q. Did you visit the house? A. I never went into it—I can see everything from our window, and never saw any van or furniture except what I describe—if there had been, I must have seen it—I was never out above an hour.
WILLIAM SMITH (policeman, P 32). On Thursday, 29th Nov. I received information, and went to 36, Queen's-row, Walworth—I did not find the prisoner there—the shop was closed—I watched it, off and on, for five days and nights, and he did not come there—the wife came on the Saturday night, at half-past nine o'clock, and remained until 8th Dec, when they removed away early in the morning, and left the house shut up—she took with her a mattress, a chair or two, a table, and a weighing-machine—I then ceased to watch.
JOHN FELLOWS . I live at 4, West-street, Walworth-road. On Sunday, 25th Nov., between eight and nine in the evening, I was in the Good Intent, East-lane, Walworth, kept by Mr. Jeffery—I saw the prisoner in the parlour among other persons—after I had been there a little while, he said he had been round the neighbourhood, and could not get change for a 10l.-note, and he had got a party to pay some money to outside, and would give any one a shilling that would get the change—he put it on the table—I took it and went to four places, and then to the Sir William Walworth, kept by Mr. Howland, who 1 have known for years—I gave it to him, and he gave me for it a 5l.-note, four sovereigns, and one pound in silver—I returned and gave the change to the prisoner—he gave me one shilling for getting change—he had something to drink—on the following Friday Mr. Howland brought the note to my house, alleging it to be forged.
Cross-examined. Q. Did you remember before the Magistrate that you
were promised the shilling? A. Yes; I did not mention it—Mr. Howland put my name on the note—he knew my name and address.
JAMES JEFFERYS . I keep the Good Intent, East-street, Walworth. On Sunday evening, 25th Nov., the prisoner came with a 10l.-note in his hand—he asked me to change it, and said he never saw such a d—d poor place as this, that he had been to a dozen houses and could not get change—I would not give it him, and he said he would give anybody a shilling to get him change—Fellows went for it—I saw him return and give the change to the prisoner—next morning the prisoner came into my back yard and asked me what change that old gentleman gave him—I said, "A 5l.-note, four sovereigns, and small change"—he said, "I have lost the 5l.-note"—I said, "You cannot have lost it; you are too artful and too cunning to do that"—(I had seen him twice before, when he came in for two half-pints of beer, and once he came to ask me to have some coals)—he said, "Never mind; light come, light go."
Cross-examined. Q. Did you give evidence before the Magistrate? A. No; this is the first time I have mentioned the conversation in public—another man was with him and his wife—it was between ten and twelve o'clock—he came into the back yard by himself—the other man did not hear the conversation.
CHARLES CLARIDGE HOWLAND . I keep the Sir William Walworth. On Sunday evening, 25th Nov., a little before nine o'clock, Fellows brought me this 10l.-note(produced)—I wrote on it "Mr. Fellows, West-street, Walworth," and gave him a 5l.-note, four sovereigns, and 1l. worth of silver—next day I paid it to Mr. Gurney, of Islington—I received it back from him on Thursday, the 29th, I believe.
JOSHUA FREEMAN . I am inspector of Bank notes in the Bank of England. This note is a forgery in paper, plate, and signature—(read—Bank of England, No. 15454—I promise to pay to Mr. Matthew Marshall, or bearer, 10l. for the Governor and Company of the Bank of England. J. Cann)—there is a clerk named Cann who signs notes—it would pass in the world—there is no water-mark—there is a mark by pressure—it is not Bank paper.
JOHNSTON EDDINGTON . I keep the Artichoke at Camberwell. A twelve-month or two years previous to Nov. last, I had seen the prisoner at my house, but I did not know him when he came in—I had a regular customer named William Thomas, who I have known about twenty years—between six and seven o'clock on the evening of 25th Nov., the prisoner came and asked for Mr. Thomas, his uncle; I said he had not come yet, but I expected him—he said he wanted particularly to see him, for he wanted to leave him 2l.—I said if he liked to stop a short time his uncle would be there—he said he was very much pushed for time—I offered to take the 2l.—he said he could not do that unless I changed him a 10l.-note, and he put the note into my hand—I did not like the feel of the paper, and handed it to my wife, as I cannot see well without my glasses—she said she thought it was good, and I gave the prisoner 8l. for it, and was to give 2l. to his nncle—when I went up for the change, I left the note with the prisoner, and when I came down I saw his name on it—this is it (produced)—here is "Caleb Thomas" on the back of it—I locked it up—I was to tell his uncle that 30s. of the 2l. was to be sent to his daughter in the country to bring her home—I paid the note away on Wednesday the 28th, and on the Saturday following, Dec. 1st, it was brought back by Mr. Potter as a forgery.
Cross-examined. Q. Did you see the uncle after you discovered it was a forgery? A. Yes, about an hour afterwards, and told him so, and gave him the two sovereigns—he is a gardener; I have known him twenty years.
JOSHUA FREEMAN re-examined. This note is a forgery, and is for the same amount, and of the same number, and date, and signature, as the other—I have no doubt they are both impressions from the same plate—the Bank do not issue two notes of the same value, number, and date.
Cross-examined. Q. the same person signs a good many notes. A. Yes; (note read).
JOHN WILLIAM FITCH . I am a grocer, in Crosby-row, Walworth-road. On Saturday, 24th Nov., the prisoner came to my house, about nine or ten o'clock in the evening, and asked for 1lb. of black tea—I asked if I should send it for him—he said yes I might—I took the order in a waste-book; it came to 10s. 2d.—he gave his address 36, Queen's-row, Walworth—he took a 5l.-note out of his pocket, and handed it to me in payment—I held it up to the gas and examined it—he looked at me at the time I examined it, and said, "Look at it well"—I wrote his name and address on it—I asked him his name; he had given me his address before as the place I was to send the goods to; this is the note (produced)—I gave him the difference, taking the amount of the goods out—I afterwards sent the goods to the address he gave me, and they were taken in by a female—I paid the note away on the Monday, and on the Wednesday, I believe, it was returned to me as a forged note—I am quite sure this is the same I gave change for—I then went to the station, and communicated with Sergeant Smith—we went together to see if we could find Mr. Thomas, and could not—we sent some one to knock at the door, and could not get any one to answer it—there was no one there.
Cross-examined. Q. He told you to examine it well, to see if it was a good one? A. Yes—I did not remark that I wished I had a thousand such—I did not make any remark—I supposed it to be good, or I should not have taken it—I do not know that I looked at it more minutely in consequence of his saying, "Look at it well."
MR. FREEMAN re-examined. This note is a forgery in all respects, paper, plate, signature, and water-mark—it purports to be signed by Mr. Pasquet—he is a cashier in the Bank, and signs 5l.-notes—this note appears to be of the same sort of paper as the other—the water-mark has been attempted to be done in the same way by pressure.
JOHN CASTLE . I keep the City of Salisbury, in Lock's-fields, Walworth. On Friday, 23rd Nov., the prisoner came there, I think, between twelve and one o'clock—he asked for change for a 5l.-note, gave one to my wife, and she brought it to me—I had seen the prisoner drinking at my house two or three times before—I said I would give him change, and asked his name and address—he gave the name of Thomas, and I forget the address—I wrote the name and address he gave me on the note—this is my writing on this note—(produced)—it is the name and address he gave me, "Mr. Thomas, No. 36, Queen's-row, Walworth"—I gave him the full change for it—I kept in three or four days or a week in my cash-box, and then paid it to my distiller—in three or four days after it came back to me marked "forged"—I went to the prisoner's house, and could not find him—I saw his wife, I
believe, and she said he was not at home—I did not see anything in the house in the shape of furniture; the shop was quite empty—I afterwards attended at the Lambeth Police-court when the prisoner was under examination—my deposition was taken down by the clerk in the presence and hearing of the prisoner—I do not remember the prisoner saying anything.
MR. CLARKSON proposed to give parol evidence of an exclamation made by the prisoner while the clerk was taking down the deposition of the witness, not before the Magistrate, but in a private room. MR. PAYNE objected to this, as the deposition alone was evidence of what passed before the Magistrate; and if this was not in the Magistrate's presence, it could not be admissable, the clerk having no authority to act in his absence. MR. JUSTICE TALFOURD was of opinion that the evidence was admissable: it was not part of the prisoner's statement as to which the statute applied, and it was not excluded on any other ground.
JOHN HARVEY (police-sergeant, G 14.) I have known the prisoner seven or eight years—in consequence of information I received in the early part of Dec., I went in search of him—I searched after him till 8th Jan., when, at eleven o'clock at night, I went with Sergeant Steadman to the tap-room of a beer-shop in Pear Tree-street, St. Luke's, called the Blue Lion, where there was a number of men, and among them the prisoner—I knew several of the men—I said to the prisoner, "How do you do, Mr. Thomas?"—he said, "My name is not Thomas"—I then said, "You enjoy yourself better than you did when you kept a shop in Golden-lane"—he made no answer—I said, "I knew you, too, when you kept a beer-shop in New Inn-yard"—he said, "Yes, I did"—Knight said, "Oh, I knew Mr. Harvey when I was a little boy;" to which the prisoner replied, "Oh, I remember him when I kept this beer-shop"—I then called him to the front of the bar outside, and told him that I wanted him for passing forged notes, fives and tens, at Walworth—he said he did not know anything about it—I said I suspected him to be the man, and he must go to the station with me—on the way to the station, he wanted to go home, to take his wife the key—he did not tell me where his house was—I told him I should not let him go—on that he said, "Well, it is no use to deceive you; I have been made a dupe of, and I have lost 45l. by it"—he said he had been engaged by a countryman to change these notes for him, and he told him that he would put him into business, or lend him some money to start in business—he said he was glad I had come, for he had been out of the way for about five weeks, and he was sick of it—he said if the case was not exposed in the papers, he would soon find the right party—I searched him at the station, and found the latch-key of his house—he gave his address, "16, Peartree-street," and asked me to take the key—I did so, and found it was the Blue Lion beer-shop, where 1 had taken him from—he had not said a word about lodging there when I first took him—I found from the landlord that he did not live there—the prisoner was remanded from 9th Jan. to the 14th—I attended the second examination—as I passed him, as he was in the dock, he said to me, "How came you to say that you took me from among thirty or forty swindlers, as stated in the Times newspaper?"—I said, "I know nothing about the Times"—he said he should complain to the Magistrate—he did not do so—I noticed to him that his whiskers were shaved off—he said he need not have done that, for he owned that he passed the notes—he said he should brine: parties forward to prove where he had the notes from, and bring his uncle forward.
Cross-examined. Q. Did you recollect all these statements of the prisoner's
when you gave evidence before the Magistrate? A. I recollected them, but they did not take them all down; they put down the principal part—it was in the clerk's office that he said he should bring his uncle forward, at the last examination I believe—the Magistrate was not present—that was not said in answer to any question by the clerk—I believe it was said to one of the witnesses—he said it loud enough for the clerk to hear; and I believe the clerk told him if he had anything to say he had better mention it by and by.
MR. FREEMAN re-examined. The last note produced is a forgery in every respect—it is not from the same plate as the other five—it appears the same sort of paper, and the water-mark appears done in the same way, by pressure.
MR. PAYNE to MR. CASTLES. Q. I believe you are not sure about the day, whether it was the Friday or Saturday? A. No, I am not—it was in the morning, between twelve and one o'clock, as near as I can recollect—I never said positively it was Friday; I said somewhere about the 23rd.
GUILTY . Aged 39.— Transported for Ten Years.
Before Edward Bullock, Esq.
506. JOSEPH GEE was indicted (with two others not in custody) , , for a robbery on John Brennan, and stealing from his person 1 watch, value 4l., 1 knife, 6d., 2 half-crowns, 1 crown-piece, and 1 groat; his property.
JOHN BRENNAN . I live at Grange-road, Bermondsey. On a Sunday night, at the end of last month, about half-past eleven o'clock, I was coming down Bermondsey New-road, and turned into a gateway to make water—while there, I was attacked by three persons, who came from behind me—they laid hold of me, caught hold of my watch, and made a tug—the prisoner was one of them—I had never, to my knowledge, seen him before—it was a bright moonlight night—I cannot tell which of them it was that laid hold of my watch—they got the watch away, it broke from the guard which I had in my hand—they knocked me down, and robbed me—they were all close together—they got 10s., a crown-piece, two half-crowns, a 4d.-piece, and a knife which was in the same pocket as my money—they took the watch before they threw me down—I hallooed out for the police, and two of them ran away—I was down when the policeman came—he went after the prisoner, and brought him back—I went to the station, and saw this knife (produced), which is the one I lost, found on him—I have never seen the watch or other property since.
Prisoner. Q. did not the Magistrate ask you how it was you could identify me from the others? A. Yes; I said I could, because I had a struggle with you in getting the guard off my head—the Magistrate asked me if any of my friends could prove the knife was mine—I said, "Yes"—I swear it is mine; I have had it about sixteen months.
JAMES TUCKER . I live in King-street, Bermondsey, and am an umbrella-maker. I know this knife to be the prosecutor's—I have had it in my hand a great many times—we did not work together, but he is a friend of mine, and came and sat down two or three hours where I was at work.
WILLIAM HUNT (policeman, M 247). On Sunday night, I was on duty in Bermondsey New-road, and between eleven and twelve o'clock heard cries of "Police!"—I went to the place, and when I got just to the spot, I saw the prisoner come from a door or gateway of a yard where I found the prosecutor—the prisoner was coming away in great haste, and said, "There is some one
shouting out for police"—I went and found the prosecutor; he gave me information and described the prisoner—I saw the prisoner again returning to the spot—the prosecutor said he was the party that robbed him—the prisoner said he was innocent—I told him I should detain him, and took him to the station—I searched him, and found on him the knife, 3s., two sixpenny-pieces, a 4d.-piece, and 3 3/4d. in copper.
Prisoner's Defence. Is it a likely thing, if I had robbed the man, I should come back to the spot where the man was, with the property on me; I told the Magistrate I could produce a witness, Alexander Sweeney, who knew I had had the knife above a week.
GUILTY . Aged 18.— Transported for Ten Years.
ADJOURNED TO MONDAY, 4TH MARCH.