CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD MARCH 4TH, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
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, March 4th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB, LORD MAYOR of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Wightman, Knt, one of the Justices of Her Majesty's Court of Queen's Bench; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Key, Bart.; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; Michael Gibbs, Esq.; and Sir James Duke, Bart.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City; William Hunter, Esq.; David Salomons, Esq.; and Robert Walter Carden, Esq.; Aldermen 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. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 4th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knight, Ald.; Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. SALOMONS; and Mr. Ald. CARDEN.
Before Mr. Recorder and the First Jury.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
GEORGE CHALLIS . I am assistant to Messrs. Stagg and Mantle, linen-drapers, in Leicester-square. The prisoner was in their employment—in consequence of something I had perceived, on 22nd Dec. I made a communication to Smith, another shopman, and on 24th, I and Arnold, and Jefferies, watched the conduct of the prisoner—it was the Monday before Christmas-day—we had a customer named Madame Routens—a little boy and girl used to come for things for her—they both came on the 24th, the girl came I think about two o'clock—I then made a communication to Jefferies—while the girl was waiting I saw the prisoner cut off three yards of velvet and put it under the counter, between some boxes—I saw him serve the little girl with a few trifling things—Mr. Mantle was in the shop at the time—after the little girl was gone I and Jefferies went to the place where I had seen him put the velvet, and found it there—that was not the usual and ordinary place to put goods—there was also a silk dress in the same place—Madame Routens' little boy came that day—I cannot say how long after the little girl had left, but I think about an hour—I saw the prisoner serve the boy with two pairs of gloves and a piece of lining—these are them(produced)—when goods are sold to a customer on credit, it is the practice for the shopman to take the goods to the desk and get them entered separately by the entering clerk, and called back by the shop-walker, or one of the shopmen, to see if the goods correspond with the entry—Mr. Smith was walking the shop at that time, Jefferies was there also—I saw the prisoner go to the entering clerk with the gloves and muslin—that was all he had—he then returned to the counter where the boy was standing, that is close by where I had seen the silk and
velvet—I saw him enclose the silk dress and velvet with the muslin, and give it to the boy, who then left the shop.
Cross-examined by MR. CLARKSON. Q. How long have you been in the prosecutor's service? A. Nearly two years—I believe the prisoner has been there four years—I know Madame Routens by sight—she has been a customer at the house ever since I have been in the employ—Mr. Stagg was in the shop at the time, Mr. Mantle was not, he is not here to-day—I did not go to the police-court; I do not know whether Mr. Stagg did—I do not know of the prisoner's having taken a shop anywhere after the Magistrate had dismissed the charge—I have not heard of it—I should say between thirty and forty of the persons in the employ were in the shop at the time this occurred—there were very few customers there at the time—I do not speak French; the prisoner does—he was employed to supply foreign customers, and English as well—I have never been to Madame Routens—I am not aware that it has been the custom of many of the young men to go there—I believe she lives somewhere in Soho-square—I do not know to what extent she dealt with us.
MR. BALLANTINE. Q. Were there others in the shop who spoke French as well as the prisoner? A. Yes, two at that time.
WILLIAM SMITH . From a communication I had from my brother shopman, I watched the prisoner on 24th Dec—I did not see the velvet cut—from what Jefferies told me I went behind the counter and found the velvet and silk dress, they were not lying in a usual place for articles about to be sold—I saw Madame Routens' little girl come in; she was served by the prisoner with some wires and nets, such as we usually sell her—they are articles of very small value—after she had been served she left the shop—about an hour after that the boy came in—I continued to watch—at the time the boy came in Mr. Stagg was in the shop—I saw the boy served with some gloves and lining, articles of small value—I saw them entered—I was the shop-walker—after the goods had been entered the prisoner had another young man to call them back—I then returned to the place where the silk and velvet was—Mr. Stagg was then walking about the shop—the prisoner then put the lining and gloves, the velvet and silk, in paper, and gave it to the boy immediately—the velvet and silk remained under the counter, where the prisoner had placed them, until I saw them delivered to the boy—I saw the boy leave the shop, I sent Arnold to stop him—I was present when he was stopped on the pavement, and took him back into the shop with Arnold—I found the velvet and other articles with the boy; he was taken to the counting-house, the prisoner was sent for, he came, and Arnold asked him what the silk and velvet was—he said they were for Madame Routens—Arnold asked him if they were entered—he said they were—Arnold asked him who saw them backed—he said, "Jefferies;" Jefferies, who was present at the time, said, "No," he had only seen the lining and the gloves—the prisoner then said that the silk and velvet were going out on approbation—Arnold said they were entered after the boy had left the shop—I am not aware what the prisoner said to that—he said they had been ordered on the Sunday—Mr. Stagg sent for a constable, and gave him into custody.
Cross-examined. Q. I think you say that Mr. Stagg was in the shop during the whole of the transaction? A. At the time the boy was there—I cannot say as to the time the girl was there—1 am nephew to Mr. Mantle—I do not know of the prisoner's having given notice to quit a fortnight before this—I saw the velvet and silk beneath the counter on the top of some boxes—that was the place from whence the prisoner cook them to give to the boy—I was at the police-court, but was not called—Mr. Stagg was not
there, or Mr. Mantle—when the charge was made against the prisoner it was stated, in his hearing, that he had said the goods were ordered for Madame Routens on approbation—on that Madame Routens was sent for, and was examined on the part of the prosecution, and after being examined, the Magistrate dismissed the case—I am not aware when this indictment was preferred; I think last Session—I did not go before the Grand Jury, nor did Mr. Challis or Mr. Mantle; Mr. Stagg did—I have been nine years in the service—I was not aware when Madame Routens first became a customer—I do not know whether it was before the prisoner came; I do not think it was—she has been a customer from three to four years—I was not present at any time when she was introduced to the prisoner by Mr. Mantle as the person who was to supply her with goods—it was the duty of the prisoner, and one or two others in the house who spoke French, to supply the foreign customers—since the prisoner left we have been advertising for a young man who could speak French—I have not referred to the books to see whether Madame Routens was a customer before the prisoner came there—I dare say the books would show—we have fines in our shop—I do not remember the prisoner having been fined a shilling about a fortnight before this transaction—he has been fined a great many times—I do not remember his giving notice to Mr. Mantle of his intention to leave—I never heard of it—I did not know that he was in treaty for a shop near ours, after the Magistrate dismissed the charge—I have not heard of such a thing—I have never been to Madame Routens—I should say there are about forty young men in our shop—Madame Routens has been a good customer—I am not able to state whether it has been as much as 100l. or 150l. a year—it has been nothing very extensive—she bought her millinery—she is a milliner—I do not know whether she is in a large way of business.
MR. BALLANTINE. Q. You do not yourself know to what amount she has been a customer? A. I do not—Mr. Salmon is one of the entering clerks—I went to the police-court to be examined if I was called—we had no professional adviser there—Mr. Humphreys, the solicitor was there on the other side—I was not called—Madame Routens was, and then the Magistrate dismissed the case.
COURT. Q. But did you present yourself to be examined as a witness? A. I did—Mr. Arnold told the Magistrate that I could give some information.
MR. BALLANTINE. Q. Were you here likewise to be examined before the Grand Jury if you had been called? A. Yes—Madame Routens was sent for to the police-court—two young men, friends of the prisoner, went for her—Mr. Arnold also went—the two young men were not in the prosecutors' employ, and were not sent by them—they had been in the Court and heard what the Magistrate said.
JAMES JEFFERIES . In Dec. last I was an assistant to Messrs. Stagg and Mantle. In consequence of a communication I had, I watched the prisoner—I did not see Madame Routens' little girl come into the shop—I saw her in the shop, and saw the prisoner attending to her—I did not see him do anything with any velvet, I was informed by Challis—I afterwards saw the boy come—he sold the boy some gloves and muslin—he then went to the entering-clerk, came back, and put the velvet and silk with the muslin—I watched the boy out, and saw him brought back in custody—he was taken into the counting-house, and the prisoner was sent for—I did not see the prisoner do anything, or go anywhere, when the boy was brought back in custody, I followed him up to the counting-house, and did not see the prisoner till he came into the counting-house—I had called back the muslin
and gloves for him—nothing else was called back at that time—when the prisoner was asked in the counting-house for whom the muslin and gloves were, he said they were for Madame Routens; that they were entered, and that I had cried them back—I immediately replied, "No, Bradley, I did not, I only heard the muslin and the gloves"—my attention was particularly called to see what he really did have entered—the entry-clerk called back from the book what he had entered, and I saw that there was nothing but the gloves and muslin on the counter at the same time—I listen to what is called out, and then I see that the articles produced correspond with what is called out—what was called out was merely the gloves and lining, and there was nothing else there, and nothing else was produced—the entering-desk is about from twelve to fifteen yards from where the prisoner put the velvet with the muslin.
Cross-examined. Q. Did you see the boy brought back? A. Yes—the prisoner's place was on the left hand of the door, next to Coventry-street—there are two doors to the shop, one nearer to Coventry-street, and the other nearer to Cranbourne-alley—the entering-clerk sits between the two shops—there is a partition part of the way up the shop—the boy was brought back by the door nearer Cranbourne-alley—the prisoner was on the other side, and the partition between the two—I have been in the prosecutor's employment about eleven months—I cannot tell whether Madame Routens was a considerable customer or not—I believe there is a fine if goods are not entered when sent out on approbation, but I never saw it enforced—I never knew of goods being sent out on approbation without being entered—I was not examined before the Magistrate—I was there, and got into the witness-box, but was told I was not required—that was previous to Madame Routens being sent for.
WILLIAM ARNOLD . I was in the shop on 24th Dec.—I saw the girl in the shop—I afterwards saw the boy come in—I saw the prisoner cut the muslin off, and take it and the gloves to the desk—I did not see him cut the velvet; the silk was a dress length—I did not hear what the prisoner said to Salmon, the entering-clerk, he came back with the gloves and the muslin—he went behind the counter afterwards, and I saw him deliver a parcel—I then went and stopped the boy in the street, and brought him back—when the boy was brought back, the prisoner immediately left the counter, and went to the entering-desk—I did not hear what he did there—I went into the counting-house—I called the prisoner out of the entering-desk and told him I wanted to speak to him, and asked him to go up stairs into the counting-house with me—he did so—I then asked him who those goods were for that were lying open on the desk in the counting-house, pointing to the silk and velvet—he said they were for Madame Routens—I said, "Are they entered, Bradley?"—he said, "Yes"—I said, "Who called them back?"—he said, "Jefferies"—Jefferies said, "No, Bradley, I beg your pardon, I did not"—up to this time he had not said anything about the goods being sent out on approbation—I asked when he had seen Madame Routens—he said the day previous—I said, "That was Sunday"—he said, "Yes"—I believe I said it was a curious day for doing business—he then said he had previously cut patterns off, and then afterwards he said they were entered on approbation to Madame Routens—I should say three yards of velvet would not be cut off to be sent out on approbation—this is the velvet and dress(produced)—the value of the dress is 57s. 6d., and the velvet 13s. 6d. or 14s. 6d. a yard—a length of velvet varies from fifty to sixty yards—a policeman was sent for, and the prisoner given into custody—I went to make inquiry of Madame Routens—
she was not at the police-court on the part of the prosecution—the clerk directed her to be sent for—some persons in court went to fetch her—in consequence of what the clerk said to me, I went for her myself—I did not go with them—Madame Routens lives in Charles-street, Soho-square—I saw the persons there that I had seen leave the court to go for her—they came in directly after I had got there—I cannot speak French—they spoke French to Madame Routens—she went to the police-court with them in a cab—I walked back—I saw Madame Routens sitting in court, and when the case was called on she gave her evidence, and then the case was dismissed.
Cross-examined. Q. Is Madame Routens, as far as you know, a perfectly respectable person? A. I cannot say—she has dealt at our house four or five years—I should say she was a customer before the prisoner came, but I cannot say the time—I was not present when she was introduced to the prisoner by Mr. Mantle—there are fines established for negligence in the coarse of business, for sending out goods without having them called back—I have never been fined—I cannot say whether the prisoner has—I never heard till this morning of the prisoner's having given notice to quit about a fortnight before this transaction—I did not know of his having taken a shop in the neighbourhood—I never heard it—I was examined before the Magistrate (the witness's deposition was read)—I have known Madame Routens four or five years—I have never been to her house but once, and that was with the policeman the evening the prisoner was locked up—I asked her if she had ordered any goods—I cannot say whether she carries on business in a respectable way, it is a house with two shop fronts in Charles-street, Soho-square—I cannot give any idea of the amount of her business with us per year; I should say it was small.
MR. BALLANTINE. Q. You say you asked Madame Routens whether she had ordered these goods; what did she say to that? A. She said at first that she had ordered one pair of gloves, then she said two pairs—I asked if she had ordered anything else—she said, "No"—I asked if she expected anything else down there that evening from Stagg and Mantle's, and she made the same reply, that she did not—I asked when she had seen Mr. Bradley last—she said she could not say—I should say articles of this kind would not be sent out on approbation.
SHEPHERD SALMON . I am entering-clerk to Messrs. Stagg and Mantle. It is my duty to enter the goods to be sold, they are called out by the shop-walker; the person who sells the goods first calls them out, article by article, and I enter them—I then call them back—it is the duty of another clerk to see that the articles correspond with what is called out—I have the book here—the prisoner came to me on this occasion, and said, "Enter to Madame Routens, two pairs of gloves, 2s. 6d."—I entered that and called it back, and Jefferies saw it done—the next thing he said was, "Four and a-half of muslin, at 2 1/2d."—I repeated that—that was all he reported to me then—he came again in about five minutes, and came inside the desk, that was not usual—he appeared very excited—he said, "Add two lines to the former entry"—I said I would not, I would make a fresh entry—it is not regular to add to an entry—I made a fresh entry of one dress, 57s. 6d., and three yards of velvet, 13s. 6d.—that was not called back—I had made another entry in the mean time to a Miss Brooks—this is the day-book, it contains an account of goods sold—Madame Routens is a customer to the extent of about 100l. a year.
Cross-examined. Q. You were examined before the Magistrate, were you not? A. Yes—(the witness's deposition was here read)—I have been in the
service two years—I do not know of the prisoner having intimated to Mr. Mantle that he should leave, about a fortnight before this—I did not know that he had taken a shop in Titchbourne-street.
GEORGE STAGG . I am in partnership with William Grimwood Mantle, as haberdashers, in Leicester-square. The prisoner has been in our employment four or five years—three yards of velvet would not be cut off to be sent on approbation, no such thing could occur regularly.
Cross-examined. Q. Do you know from Mr. Mantle, that the prisoner had given notice of his intention to leave a fortnight before this? A. No; Mr. Mantle is not here—I do not know of Madame Routen's having been introduced to the prisoner by Mr. Mantle—I was not before the Magistrate—I do not know of the prisoner having been in treaty for a shop in Titchbourne-street, I never heard of it—I think it was about three weeks after receiving this letter(produced)that I went before the Grand Jury.
MR. BALLANTINE. Q. Had you given instructions to proceed against the prisoner, before you received that letter? A. We had, we had employed our solicitor, and given instructions—I never heard until the present moment of the prisoner having given Mr. Mantle notice, or of his being introduced by him to Madame Routens, or about the shop in Titchbourne-street.
COURT. Q. Would Madame Routens address herself to the prisoner, as understanding French, in preference to the others? A. Yes—he was a person to whom foreigners were referred.
Evidence for the Defence.
(The letter produced to Mr. Stagg was from Mr. Humphreys, the prisoner's attorney, and was as follows:—"Giltspur Chambers, 10th Feb., 1850. Gentlemen, we are instructed by Mr. William Bradley, your late shopman, to apply to you, in consequence of your having apprehended him upon an unfounded charge of stealing your property, and also of your having declined to pay him his wages due for the time during which he was in your service. You must be aware that his character has sustained, and must sustain considerable injury by your act; and trusting that a respectable house like yours will have no objection to replace him in as respectable a position as he was before your charge was made against him, we propose that you do, in writing, acknowledge that the charge made was so made from misapprehension and misconception, and that you are satisfied, as the Magistrate was, that it was unfounded, and that you regret it ever was made; and further, that you do pay to him the wages due, being, as we are informed, 5l. 1s. 10d. If you comply with this suggestion, we shall recommend Mr. Bradley to be satisfied, and not to seek compensation for the injury he has sustained; if not, he has no alternative but to submit the whole matter for the consideration of a Jury."
Messrs. Stagg and Mantle's reply was read as follows:—"Sir, We have handed your letter to Mr. Robinson, our solicitor, of Half Moon-street, to whom we beg to refer you."
ELLEN ROUTENS . I am the wife of Joseph Routens, and am a milliner and dress-maker, at Charles-street, Soho-square. I have lived there four years, and nearly two years in Lower John-street—I have dealt with Stagg and Mantle five years—I know the prisoner as a shopman there—during the last year I was a credit customer there—prior to that I was a ready-money customer—I became acquainted with the prisoner through Mr. Mantle—he told me, because I could not speak very good English, he would give me a young man to speak French to serve me—I found that the prisoner spoke French very well—at that time I could not speak English so well as I do now—during
the whole of last year I had an account with Stagg and Mantle—I paid the bill in Dec.—I do not remember exactly the day—I have the receipts—I have known the prisoner ever since he has been there; not before—sometimes he has called on me of an evening to know if I had any orders, and sometimes he has called as a friend—he sometimes called on a Sunday—if we had a party, he was invited—I heard of this the same evening that he was taken up—I had given him an order on the Friday morning before Christmas-day to send me three yards of silk velvet, and also a half-mourning dress for a choice—if the dress suited me I was to keep it, and if it did not I was to send it back—he called in that evening to know if I wanted anything—on the Sunday following he called in the afternoon—I reproached him because he did not send me the goods—Sophia Martelli was present, and a Mrs. Rich; they are in my employment—on the Monday I sent to Stagg and Mantle's twice or three times—I sometimes send five or six times in the day—it depends on what things I want—if a customer came for anything which she wanted immediately I should send there for it if I had not got it—they knew this, and asked me several times if Mr. Bradley served me properly—they were well aware that I was in the habit of sending several times a day—I paid ready money before the account was opened—I should think my dealing with them has been between 150l. and 180l. a year—I remember on the Monday evening the prisoner was taken, a gentleman from Stagg and Mantle's and a policeman coming together to me—the policeman asked me if I had sent for any goods—I had not ordered the dress or velvet on the Monday or Friday—I meant to pay for the velvet, and that it should be entered at Stagg and Mantle's—if I had approved of the dress and kept it I should have paid Mr. Mantle for it—I never paid anybody but him in the shop—I was at Stagg and Mantle's myself once or twice a week—I have waited several times, when Bradley was serving other customers, that he might serve me—I never applied to any one else to serve me after Mr. Mantle introduced him to me—sometimes one of the partners served me if he was engaged—they well knew that the prisoner was appointed to serve me.
Cross-examined by MR. BALLANTINE. Q. How long had he been in the habit of visiting you on these friendly terms? A. I should think not more than a year, or a year and a half—when we had a party he joined it sometimes—sometimes one of our young ladies were invited—no other of Messrs. Stagg and Mantle's young men were there—the prisoner called sometimes in the evening, but very seldom—Stagg and Mantle knew that he came to get orders, because I had asked Mr. Mantle how it was he never called on me, and he said, "I will call in some day"—he never did come; he looked outside the window, but never came in—I had an order to make bonnets of the velvet—I did not tell the prisoner that I had the order, I told him I wanted the velvet—he perfectly understood it was to be sent to me as a matter of sale—on the Monday I sent my little girl for some goods, and something of a small amount—I did not send her for the dress and velvet—I did not expect her to bring them back—she came back before the boy was sent—I think the boy was sent about seven in the evening—I do not remember that he was there at three—I do not know how he came to go at three, perhaps some of the young ladies sent him; they did so sometimes—I did not know that the boy was stopped till between ten and eleven at night—I sent him for one or two pair of gloves, for a lady who was waiting at the time in the shop to go to a concert—I did not send him, or anybody, that day for velvet or silk—I did not send for any muslin or any lining—when the policeman came, he asked me if I had sent for any goods—he did not say any date—I think the words he used were,
"Have you sent for any goods to Stagg and Mantle's?"—I said "I had sent for two or three pair of gloves"—he then asked me if I had sent for anything else, and I said "No"—he said "Have you not sent for anything?"—he asked me twice, and I said, "No, I had not"—I do not remember that he asked me when I had seen Mr. Bradley, and that I said I had not seen him that day—I could say that I had not seen him that day—I do not think I told the policeman that I could not say when I had seen Mr. Bradley—I think I told him I had not seen him, because I do not remember having seen him that day—he did ask me if I had seen Bradley—I said, "I had not"—he said, "Because young men are in the habit sometimes of having goods and sending them out, and then calling a day or two afterwards for the parcel, and going and selling them, and keeping the money"—I do not remember the policeman asking when I had seen him—I do not think he did—I did not say, "I can't tell you within a few days or a week"—I did not mention anything of the kind—he did not ask whether I had seen him on the Sunday—nothing of the kind—I did not tell Mr. Arnold and the policeman I had seen him the very day before, or that I had seen him the Friday before—I do not remember that I told either of them that I had given an order for any velvet—I recollect the young lady saying, as I came down stairs, "You recollect you gave an order on Friday"—she did not speak to the policeman—she had not seen the policeman—I think I told them that I had ordered certain goods—I told them I had ordered goods in the week—I do not think I told them anything about velvet or silk on the Monday night—I cannot swear it—I I told the policeman that Mr. Bradley was in the habit of calling, and that I was in the habit of giving him orders—I do not know whether I mentioned the day—I have never heard from anybody of any parcels being left at my shop—three young men came to my house on the day the prisoner was before the Magistrate; one of the shopmen, a gentleman whom I do not know, and the prisoner's brother—neither of them spoke to me in French, or any language except English—Mr. Arnold came up-stairs, and asked me to go to Mr. Mantle's—I said, "Very well"—I went in a cab, with Mr. Bradley's brother and the other gentleman.
MR. CLARKSON. Go on, and tell us the rest. Witness. Mr. Arnold came up and asked me if I would like to come up to Mr. Mantle's; I said "Yes;" I came down stairs, and while I was on the stairs Mr. Bradley's brother and another gentleman asked me the same question; I said "Very well"—I went in the cab with two of the gentlemen, and one waited outside, and I went before the Magistrate; and as I came away two of Mr. Stagg's young men said to me, "You would not have known the defence if they had not told you in the cab"—they had not told me a single word about it—I do not think the policeman who called at my house was at the police-court—I have not seen him since—I had not sent for any velvet or silk on the Monday—sometimes the boy went for goods, and sometimes they were sent, if they were heavy—the prisoner never sent goods to my shop and then called for them; that was suggested by the policeman—when they came to fetch me to the police-court they all spoke in English—it was very wet at the time.
SOPHIA MARTELLI . I am in Madame Routens' service. I know the prisoner—I have not been in the habit of going to Stagg and Mantle's to fetch goods—I recollect the Sunday before this affair the prisoner calling—I heard Madame Routens tell him he had forgotten to send the half-mourning dress, and three yards of velvet, which she ordered of him on Friday—Mrs. Rich was there at the time—she is an English lady—I recollect the boy going out about the kid gloves, and I then gave him an order for some jaconet muslin.
Cross-examined. Q. What time did you order title muslin? A. About six in the evening I think, because the gloves were wanted for some young lady who was going to a ball—I am always in the house—sometimes Mr. Bradley came like a friend—he came on the Sunday to ask after Monsieur, and Madame Routens said, "You have forgotten to send me the goods"—she asked him on the Friday in the shop to send the velvet and silk; I heard that—the order was given in the work-room about eleven o'clock on the Friday morning.
COURT. Q. Did you, at any time, remind Madame Routens of the conversation on the Friday? A. Yes; she asked if I remembered anything about it, and I said, "Yes; don't you remember that on Friday you asked Mr. Bradley to send some velvet and a half-mourning dress to his taste?"
MR. PARRY. Q. Do the work-room and the shop form one room? A. Yes—I do not know that Monsieur Routens gave the prisoner lessons on the guitar.
ELLEN RICH . I am in Madame Routens' employment. I know Mr. Bradley, as coming from Stagg and Mantle's—I remember this charge against him—on the Friday before that I was in the work-room when he came there, and heard Madame Routens give him an order for a half-mourning silk dress, and some velvet—I do not live in the house, but am there every day—I called in on the Sunday following, to write a letter for Madame Routens in English—I had done so before on Sunday—the prisoner came on Sunday, while I was there—Madame Routens was extremely angry about his not having executed the order which she had given him on the Friday—it was said in French, but I could tell by her manner that she was angry.
Cross-examined. Q. Did you recollect about the order on Friday, or did Miss Martelli tell you of it? A. I was reminded of it by Miss Martelli—until then it had escaped my recollection.
(The prisoner received a good character.)
NOT GUILTY .
MR. MELLER conducted the Prosecution.
EPHRAIM JACOBS . I keep the White Horse, Spitalfields. On 4th Feb. I was behind my bar—the prisoners came and demanded an explanation on what I really could not give them—a few words took place—Joseph said I was a liar—I bade him leave the house—he took up a half-quartern measure, which was on the bar, and struck me with it across the temple and on the jaw—he was hardly capable of taking care of himself; but Henry might have prevented it—I was very much injured about the eye and the jaw—I do not think he would be guilty of doing me any harm if he was in his sound senses—he was under the influence of drink.
Cross-examined by MR. COOPER. Q. You had a servant who robbed you? A. Yes; they said I had said they were as bad as the servant, for they had taken some of the goods.
GUILTY of an Assault.—Recommended to mercy by theProsecutor.
— Confined Fourteen Days each
enter into their own recognizances in 40 l. for one year.
NEW COURT.—Monday, March 4th, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SALOMONS;
and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
MR. COOPER conducted the Prosecution.
Cross-examined by MR. PAYNE. Q. Where was the prisoner then? A. He had not been taken—the person who took him is not here—he was taken at Plymouth, on board the Thetis, bound for Sidney, about five weeks ago.
Cross-examined. Q. Was there not a person named Middleditch in the service also? A. Yes—he went about the same time that the prisoner did—the prisoner made love to me—I did not use the case—I put it into my box—I am sure this is it.
GEORGE HUNT HYAM . I am a pawnbroker, at Brompton. The prisoner was in my father's service—soon after he left I missed a great many things, and amongst others this pencil-case—I had had it in use three or four months—I am quite sure it is mine—I was using it in the warehouse the last time I saw it, about three months before I lost it.
Cross-examined. Q. You are with your father? A. Yes—there is no mark on it, from having used it—I know it—it is the only one I ever saw like it—I bought it in our shop—a person named Middleditch was in our employ—he is here—I had missed it before it was found in the box.
NOT GUILTY .
CHARLOTTE HARRIS pleaded GUILTY . Aged 40.
SARAH HARRIS pleaded GUILTY . Aged 11.
Confined Six Days.
GUILTY . Aged 17.— Confined Twelve Months.
ROBERT HAWKINS . I am in the service of William Campion Dawson, and another, drapers, and live in Plummer's-row, City-road. On 22nd Nov. I saw a piece of velvet safe in the lobby of the door, about five o'clock—it was
missed an hour or an hour and a half afterwards—I recollect the policeman coming next morning or a morning or two afterwards; he brought the same velvet—it was forty-two yards—we kept it, with the exception of one yard, which I saw cut off—this is it—the rest we sold—it is the property of William Campion Dawson, and another.
Cross-examined by MR. PAYNE. Q. Were you in the shop all that evening? A. No—it was there as I went out.
HENRY GILLETT (policeman, N 383). On the evening of 22nd Nov., about seven o'clock, I saw the prisoner in Old-street Road, carrying a bundle, and knowing her to be a thief I followed her a short distance—I lost sight of her in turning a corner—I got to the corner, and could not see her—I waited a minute, and saw her in a public-house, behind the door—I went and said to her, "What are you doing here?"—she said, "Nothing"—she went outside the door, and seeing that she had a bundle I allowed her to pass—I then went to the public-house door, and saw the bundle about half a yard from where she had been standing—I took it to the station—it contained forty-two yards of cotton velvet—I took it to Mr. Dawson, and had a yard cut off it—I kept the yard—this is it—I left the rest there—I saw the prisoner again on 13th Feb.—she was taken into custody, and brought to the station.
Cross-examined. Q. How long have you been in the police? A. Three years and a half—I only mentioned that she was a thief to show why I followed her—the bundle was covered with this handkerchief—the velvet was quite out of sight.
GUILTY . Aged 12.— Confined Twelve Months.
JOHN MERCER . I am in the service of Joseph Burgess, a pawnbroker. About half-past ten o'clock in the morning, on 13th Feb., I saw the prisoner and two other boys in the road—one of them left the others and took a pair of boots from a stand outside my master's shop—he went into the road and passed them to the prisoner—they all walked on, and then ran—I pursued the prisoner, and called, "Stop thief!"—he dropped them—these are them—I know them by a mark on them.
WILLIAM HOWLAND (policeman, E 103). I stopped the prisoner—a man came up and asked what he had done with the boots—he said he had not had them, but he saw them lie at the corner of the street—I took him back.
Prisoner's Defence. I never had the boots.
GUILTY . Aged 16. Confined One Month.
BURTON pleaded GUILTY . Aged 18.— Confined Four Months.
GEORGE ROBERT OSBORN . I live in Upper King-street, Bloomsbury. On 13th Feb., about a quarter-past nine o'clock in the morning, I was in the stable—I saw Burton come down the yard where the side door of the prosecutor's house opens—there is a tap-room window looking into that yard, and on a tub, under that window, were a good many pots—Burton took five pots off the tub and put them under her shawl, and went towards the street—I do not
think she could see me—Senyard was coming down the yard as Burton was going out—they went away together—Burton gave him two of the pots—I took Burton, she dropped the pots, and they were taken to the station.
GEORGE CASEY . I am in the service of Mr. Maclure, who keeps the Bedford Head—I was called, and took Senyard—I took these two pots from his jacket in front of him—they are my master's—I had seen them a quarter of an hour before, on a tub in the yard.
SENYARD GUILTY of Receiving. Aged 20.— Confined Four Months.
WILLIAM LOVELL . On Saturday night, 19th Jan., I was at a beer-shop at North Hyde—the prisoner was there; I had never seen him before—I had a purse with ten or eleven shillings in it—I spent one or two shillings, and had then nine shillings in the purse—I sat and drank, and the prisoner sat by my side—he put his hand in my pocket—I said, "What are you doing with your hand in my pocket?"—he drew it out and dropped a shilling and a half-penny on the floor—I left the beer-shop about eleven o'clock with Collis—I had my money then—after I had got some distance I was overtaken by the prisoner and another—he said, "You have accused me wrong to-night"—I said no, I had not—he began to push against me, and put his arm round me, put his hand in my pocket, and pulled my money all out—I said he had taken my money—he walked a distance with me, and said he had not—I saw a policeman, and the prisoner and the other man ran away—I never got my money again.
JOHN COLLIS . I was in the public-house that night with the prisoner and Lovell—I did not see the prisoner do anything, but I heard some money full on the ground—Lovell said, "What business had you with your hand in my pocket? you have picked out my money"—the prisoner said, "No, I have not"—Lovell picked up the shilling, and I picked up the halfpenny—Lovell afterwards left the house; I went with him—two persons overtook us, but I do not know who they were—it was quite dark—a man struck at Lovell—he said, "I never picked your pocket"—Lovell said, "You did"—the policeman came, and both the men ran away—we were rather in drink, but we knew what we were doing.
DAVID ACRES (policeman, T 111). I came up and heard Lovell say, "If you rob me, don't knock me about"—I turned on my light, and a man, who I believe was the prisoner, ran away—he jumped over a hedge, and we lost him—Lovell had been drinking, but he knew what he was doing, and ran very well.
Prisoner's Defence. Lovell and the other man were playing; they were very tipsy; I did not sit beside him; I sat on the other side of the table; he never accused me of robbing him in the house at all; he was pulling out his money and offering to toss anybody that came.
Witnesses for the Defence.
GEORGE JOHNSON . I was in the public-house that night, and Collins brought in a pig, and they raffled for it—Lovell then came in intoxicated, and wanted to toss with anybody for a shilling or a sovereign—after that I was in the house for about five hours—Pizzey was in our company at the
other end of the room—Lovell and Collis went out, and then I and five more went out to go home, and saw Lovell and Collis arm-in-arm, quite intoxicated—when we bid Pizzey good night, Lovell and Collis were ahead, just over the bridge.
WILLIAM PAYNE . I was in the house that night; Collis brought in the pig, and wanted to get it raffled for—Lovell then came in and tossed for pots of beer, some he won, and some he lost—then he tossed for shillings, and then he said, "I will toss any man for a sovereign"—the landlord then said it was time to shut up—we went out, and went to the bridge—we then bid Pizzey good night—we went over the bridge, and saw Lovell and Collis intoxicated—the prisoner sat five or six yards from Lovell, but we sat on the same side, not opposite to him, but at the other end of the room.
NOT GUILTY .
GUILTY . Aged 34.— Confined Eighteen Months.
MR. WOOLLETT conducted the Prosecution.
ROBERT TILNEY . I am clerk to Messrs. Lawrence Henry Dolan, and others—the prisoner was their clerk—on 4th Feb. I gave him a check on the Commercial Bank, for 40l.—I directed him to get it cashed, and bring me 10l. in silver, and the rest in gold—he never accounted to me for the money.
WILLIAM ROBERT BLACK (police-inspector). On 15th Feb. the prisoner came in drunk, and stated his name was John M'Carthy, and we had a description of him—I referred to our books, and found it was true.
Prisoner's Defence. I took the money, and had no resource but to give myself up; I never appropriated a farthing of it to my own account.
GUILTY . Aged 40.— Confined Eighteen Months.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 17.—Recommended to mercy.— Confined Four Months
OLD COURT.—Tuesday, March 5th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. GIBBS; Mr. RECORDER;
and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 35.— Confined One Year.
MR. COOPER conducted the Prosecution.
JAMES EADES . I am a labourer, at Uxbridge. I occupy a house in Windsor-street, which consists of only one room, adjoining a little barn—on the morning of Shrove Tuesday I left my house, and locked the door—I had 7l. there, consisting of one half-sovereign, two holey sixpences, a crown-piece, an old shilling, and the rest was half-crowns and shillings—there was one shilling which I think I had had between three and four years—I left the house at half-past ten o'clock, and returned at a quarter-past eleven—on returning I unlocked the door, and the first thing I saw was a large hole broken through the ceiling—I saw my box broken open, and the money gone—I am sure the shilling produced is the one I lost.
Cross-examined by MR. WOOLLETT. Q. Your house is in the street, is it? A. No, it is close to the street, up a little alley—there are three or four houses there the same as mine, for one person—there was one half-sovereign, some crowns, and 2holey sixpences among the money—the prisoner's grandmother lives two yards and a half or three yards from me.
MARY ANN BROWN . I am a widow, and reside at Uxbridge. On this morning Mr. Eades came to my door, and asked what o'clock it was—I told him half-past ten—just after that I saw the prisoner going in the direction of Mr. Eades's house, which adjoins a barn—the roof of the barn is quite hollow all along, and you have to get across a beam which leads on to the roof of the house—the barn belongs to the prisoner's grandmother—when Mr. Eades came back he came to me, and I went back with him, and saw what had occurred.
RICHARD ROADNIGHT (police-sergeant, T 11). In consequence of information, I found the prisoner at Windsor, which is between nine and ten miles from where Eades lives—I got there before he came—I went by the rail and he walked, and I caught him as soon as he came—I searched him, and found on him three half-crowns, twenty-four shillings, two sixpences, three halfpence, and this shilling—I asked him how much money he had got—he said he did not know—Mr. Perkins, the Superintendent of the Eaton Police, asked him, in my presence, how long he had been at Windsor—he said two or three days—he asked where he slept—he said under a rick—he said, "There are no ricks at Windsor"—he made no answer to that—the prosecutor's house is in the parish of Hillingdon.
Cross-examined. Q. Did you point out the shilling to the prosecutor? A. No—I laid the money in front of him, and he pointed it out to me—the mark is beside the rim, and a hole besides—he described it to me before it was produced, and likewise two sixpences with holes in them—I saw that some person had got from the ground over a beam of the barn, because all the dust was swept off it on to the ceiling of the prosecutor's house, where it was broken through.
JAMES EADES re-examined. This shilling was in my box—I had seen it there the day before—I used to look at my money about once a week, because I used to have friends give me a shilling, and I used to put it with the rest.
GUILTY . Aged 21.— Transported for Ten Years.
MARY ANN BROWN . I live at Uxbridge. On Tuesday evening, 5th Feb., about six o'clock, I hung out a shift to dry, and in about ten minutes missed it from the line—I went to the prisoner Coker's grandmother's, and the two prisoners were there, and said they had not seen the shift—I only know Grove by passing backwards and forwards—the line on which the shift hung was close to the grandmother's house—I have seen the shift since—it is mine, and has my mark.
SAMUEL PERKINS . I am Superintendent of the Eaton Police. I went after the prisoners with Roadnight, and apprehended Coker in the street, and we found the female in Windsor station—I said to her, "Have you got a shimmey on that was given you by Coker?"—she said, "Yes"—she was told to pull it off, and she went into the cell, and pulled it off—next day, at Hillingdon station, she said to Coker, "You know you gave me that shimmey," and she afterwards said, "You told me that you stole it"—that was when the charge was entered against her; and Coker said, "No I did not"—she said, Yes you did, and you ought to speak the truth; you are more able to bear the punishment than I am"—he said, "How can you say I stole it, for you found it on your table, did not you?"—she said, "Yes I did, but you put it there, for no person had the key of the house but you"—this is the shift.
Cross-examined by MR. WOOLLETT. Q. I think you said to her, "Have you got the shift that was given you by Coker?"A. Yes—she was not then under charge.
NOT GUILTY .
524. THOMAS GEARY , feloniously assaulting Joseph Smalley, and cutting and wounding him on his head, with intent to resist and prevent his lawful apprehension and detainer. 2nd COUNT, with intent to do grievous bodily harm.
JOSEPH SMALLEY (policeman, H 175.) On 10th Feb., at half-past twelve at night, I was in Rosemary-lane, and while talking to a person named Lynch, a person came behind me and struck me a violent blow between my eyes, and knocked me down and ran away—there had been a disturbance between a man and woman, and I had got them away—there was a great crowd, which I was trying to get away—I could not tell who struck me; but a person ran after him and held him, and the prisoner is the person I secured—I was in the act of taking him to the station, assisted by Duffy; and one of the mob took Duffy's staff away from him, and I was beaten with it, but I cannot tell by whom—I got three cuts in my head, and was rendered insensible—the prisoner was rescued from us—the prisoner then had a short white slop on, what they call a jumper, and when I was taken to look at him on the Sunday he was in a blue shirt.
Prisoner. Q. You stated before the Magistrate that the person that first struck you knocked you down insensible? A. No, I did not: I said I was knocked down, but not insensible—it was Lynch who overtook you in Blue Anchor-yard—I followed him, and collared you, and was surrounded by a mob of 400 or 500 persons—the place is about two-and-a-half yards wide—it is a carriage thoroughfare—there may be room for one person and a cart to pass—it is eight or ten yards long—there may have been 200 or 300 persons then in the lane, and in that space, too, they were as thick as they could be—it was Saturday night, and just as the public-houses were clearing out—about a quarter-past twelve—it began through a man and woman fighting—I told
the Magistrate I could not swear who it was that struck me with the staff—I had hold of you before that for full a quarter-of-an-hour.
JOHN LYNCH . I am a cheesemonger, of 51, Rosemary-lane. I was just coming out after closing my shop to see what was the matter—there had been a row—I was speaking to Smalley, and a party struck him on the head and knocked him down, and ran away—he had a slop coat on—it was rather dark, I could not identify him—I caught hold of him, and kept him down till Smaller came, and I gave him in charge—he had a short white frock on, what is called a jumper—he broke away afterwards—there was a mob of about 150 persons, and I was afraid to interfere again—I stuck to the rear of the mob—they threatened me for taking the party—it is a common thing to have mobs there.
Prisoner. Q. When the person struck Smalley and ran away, there being such a crowd, is it not likely you caught some other person? A. I followed the party, and kept him till the policeman came—the person who was afterwards rescued was the person I detained—I captured the man that struck the officer.
JAMES HOBBS . I am a watchman, of 50, Queen Anne-street, Whitechapel. I saw Smalley struck by a man with a straw hat on, and a short frock, which is termed a jumper, and canvas trowsers—to the best of my belief the prisoner is the person, but there was a great concourse of people there, and it was done very quickly—all I could recognise him again by, when he was taken, was his voice—I saw Smalley and the man both down together—I had no chance then of seeing his face, and I cannot speak positively to him.
MICHAEL DUFFY (policeman, H 85). I saw Lynch and Smalley both holding the prisoner—I assisted in taking the prisoner to the station—the mob so thronged us that we could not get him out of the mob, and I just took my truncheon out to move the mob to give us room to get him out—some person came behind me and wrenched my truncheon out of my hand and gave it to the prisoner, and told him, "Now you have got the b—s lay it into them"—the prisoner then struck Smalley with my truncheon—I rushed on him to take the truncheon from him—he had on a white smock frock which came down to about his middle, and a white straw hat—the prisoner got away at the time—about two hours afterwards I met him in Glasshouse-street, and there apprehended him—he was then differently dressed, but I can speak positively to him—I knew his face directly I saw him, and I knew his voice—I can positively say that he is the person that struck Smalley with the staff—the change of dress makes no difference on that subject—wherever I saw him I should know his face—I have no doubt on the subject.
Prisoner. Q. Will you swear that some person took the staff out of your hand and put it into my hand? A. Yes; I did not state before the Magistrate that you wrenched the staff out of my hand and struck Smalley with it—(The witness's deposition being read, stated—"Going along, one of the mob took my truncheon, and handed it to the prisoner, and I saw him strike Smalley on the head with it.")
THOMAS MEARS . I am surgeon to the H division of police. The prosecutor was brought to me—he had two severe contused wounds on the top of the head; they were bleeding profusely at that time—the longer wound was about two inches long, and struck to the bone—that was by the force of the blow, I should imagine—the other was a smaller wound—a severe blow from a policeman's truncheon would produce such a wound—it was such a wound as would make a man insensible—he has since been very ill—he has not done
any duty up to the present time—it has shaken his nervous system, and made him generally ill—that would be the tendency of a blow on the head under ordinary circumstances.
Prisoner's Defence. I don't think it is feasible that I should go and assault a police-constable, and strike him, as be states, without any motive whatever; he had done me no injury; I did not know him, and he did not know me; the man had been in a mob in the lane, very likely using violence, and they attacked him.
Jury to MICHAEL DUFFY. Q. Had you any previous knowledge of the prisoner before that night? A. No, I had never seen him before to my knowledge—I saw him strike the blow—he was under my observation about a quarter of an hour—I had him continually in my view at that time—I could see his face distinctly.
GUILTY . Aged 22.— Confined Eighteen Months.
WILLIAM JAMES FRYER . I live at 62, Cornhill, and occupy the whole house and shop; it is in the parish of St. Peter's, Cornhill. On 13th Feb., about seven o'clock in the evening, the prisoner came in, and stated that she had come from a lady to pay a deposit on a ring which she described to me in the window—I took it out, and showed it to her—she took it into her hand, and immediately crouched down in front of the counter, and as I looked over I perceived her hands engaged under her clothes—I immediately went round, and asked her what she was about—she then stood up, and I said, "What have you done with the ring?"—she said she had not got it; and at that moment the policeman came in, and the ring was missing—she was taken into a room at the back of the shop with the policeman and my housekeeper, who made a partial search—they could make nothing of her, and the was then taken to the station—the ring has not been found—the selling price of it was five guineas; its value to me was about four pounds or four guineas.
Prisoner. I went into your shop, and asked for a ring; you showed me one which you asked me 7s. 6d. for. Witness. No such thing; she said she was instructed by a lady, her mistress as I understood her, to pay a sovereign—it was not sixpence—when she was searched, there was no sovereign found on her.
THOMAS BALCHIN (City policeman, 618). On the 13th of Feb. I was on duty in Cornhill—I saw the prisoner in Mr. Fryer's shop, and saw him hand her a ring, which she looked at for some minutes, and then drew back—I saw her lift her clothes and put the ring underneath—I then went in and laid hold of her, and said, "You have placed the ring underneath your clothes"—she said, "I have not got it"—I said, "Where have you put it? I saw you put it underneath your clothes"—she said, "I dropped it"—I looked round everywhere, and could see no ring—I then suggested that she should be taken into a back room and be searched by the housekeeper—she searched her as far as her boots and stockings—we took her to the station, where she was strictly searched by two female searchers, and no ring was found—previous to taking her from the shop I found one of these pieces of rag in her hand, and the other dropped from her person under her clothes at the station—she said she did it to be imprisoned, and if transported so much the better.
Prisoner's Defence. I am not guilty; I did not take the ring.
GUILTY of stealing only. Aged 19.— Confined Nine Months.
526. WILLIAM WHITE , feloniously breaking and entering the dwelling house of Archibald Reed, and stealing 10 guns and 7 pistols, value 43l., his property. 2nd COUNT, for feloniously receiving the same.
ARCHIBALD REED . I am a gun-maker, and live at 13, Peerless-place, and 19, Fountain-place, City-road—this happened at 13, Peerless-place, in the parish of Shoreditch—my man and a servant slept there—it was a new speculation. On Monday, 28th Jan., I left that shop about three or four minutes before eleven in the evening—the guns and other things were then safe—I left my servant, Charlotte Rhodes, in charge of the shop—the door was shut when I went out, and I heard it bolted and locked, and I tried it afterwards—next morning, in consequence of information, I went there again a little after seven—I missed some guns and pistols from the shop-window—I have since seen them at the Featherstone-street station—their value was about 43l.—I found the prisoner in custody there—some of the guns and pistols have my name on them, as the maker—(produced)—this is one of my make—there is no name on this pistol, but it is one I made—I have the fellow one at home—I have looked over all these, and am able to identify them all.
Prisoner. Q. How is the room situated where the servant sleeps? A. The servant sleeps in the top room—it is very nearly thirty yards from the shop door to the staircase leading up-stairs—the window was plate-glass, and a panel of plate-glass in the door—one of the shutters was wrenched off, and they had got through the plate-glass into the shop—there are two rooms in the house besides the shop—the shopman sleeps on the first floor, which is very likely thirty-five yards from the shop, and the girl above—the guns were standing not more than two feet from the window.
CHARLOTTE RHODES . I am servant to Mr. Reed. I slept at 13, Peerless-place, on the night of the robbery—John Stevens, the man, also slept on the premises—my master left the shop about eleven o'clock—I closed the door after him—it was bolted, and the shop shutters secured—I heard the man go to his room after I had gone to mine—I came down stairs in the morning about seven o'clock, saw the door of the shop wide open, and the glass of the door on the floor—I went and called, the man, and then went and gave information to my master—the glass was taken out room enough, I think, for a boy to get through—I missed some guns and pistols from the window.
Prisoner. Q. How far do you suppose is the distance from the shop to the staircase that leads up to your bed-room? A. I think about twenty yards—I sleep at the top of the house.
JAMES HAWKINS (policeman, G 191). On 29th Jan., between eight and half-past eight o'clock in the morning, I went, in company with William Curzon, to 8. Charlotte-court, Charlotte-street, Shoreditch, which is near half a mile from the prosecutor's house—I knocked at the door—it was answered by the prisoner—there are two rooms to the house, one up-stairs, and one down—I told him he must consider himself in custody, on suspicion of stealing four pictures of Mr. Royal, of Old-street—I searched the house—nobody was in the house but the prisoner—in a cupboard under the stairs I found these ten guns and nine pistols—when I took the guns out the prisoner said, "You may as well have them all; there are some pistols there;" and I then found the pistols—I asked him what account he gave of these—he said, "Ask me no questions, for I shall not answer any"—I then took him into custody—on our way to the station he said they were brought there by some other parties, and had not been in his place above an hour.
Prisoner. Q. That you swear? A. I do—I believe the pictures that I
called about had been stolen several days previous to my calling—I am not able to speak to the time—I cannot swear it was not three weeks.
WILLIAM CURZON (policeman, G 126). I went with Hawkins to the prisoner's house, and saw him take the guns out of the cupboard—he turned round to the prisoner as he sat on a chair, and the prisoner said, "You had not got a case before, but you have got one now"—Hawkins asked him how the guns came there—he said, "Don't ask me any questions, for I shall not answer them."
Prisoner. Q. How were the guns taken to the station? A. I put them in an old quilt which came off the bed—I said, "We had better put them into something," and you said, "There is an old quilt you can put them in"—I went up and fetched it—you gate me permission to take it.
GEORGE MARSH (policeman, G 179). Mr. Reed's shop is on my beat—about half-past six o'clock in the morning of 20th Jan., I tried the shop door, and saw that it was fast, and the window was correct at that time—shortly after seven I saw that the shutter was taken away, and the pane of glass forced into the shop—I was not informed then what had happened, not till I came round again at a quarter to eight, when Mrs. Reed told me.
Prisoner. Q. Where is the policeman that gave evidence previous to you at the police-office; you swore that the premises were safe at half-past eight o'clock. Witness. I did not; I did not discover what had happened until a quarter to eight.
JAMES HAWKINS re-examined. There were three other parties taken into custody for being concerned with the prisoner—two were remanded for a week, and there was a constable who gave evidence of having seen two of these men standing by Mr. Reed's door that morning—they were discharged—the prosecutor's house is in the parish of St. Leonard, Shoreditch.
Prisoner's Defence. The evidence of the policeman is very different to what it was at the police-court; it appears to me to be impossible for the property to have been obtained by violence, and therefore they must have been assisted in obtaining it by the parties in possession; the policeman's evidence is, that the premises were safe at quarter-past six o'clock in the morning, an hour when we may presume servants are on the alert; the sound of footsteps would be heard, and it is certainly monstrous to suppose that such a daring act could have been committed; the breaking of the shutter and large window would inevitably have alarmed the house, and this being done in the extraordinary short space of time, very forcibly shows to me that assistance must have been given by one or two of the inmates; the policeman who is not here passed the premises from half-past six to half-past seven, and the premises were perfectly safe; Curzon at first said he called at my house at half-past seven, and found the property. Now to account for the property in my lower room: I let my room to two young men, about twenty years of age on this morning, one a carpenter, and the other a cooper; I had seen them before in the neighbourhood, but did not know them. The court in which I lived was principally occupied by persons making use of one room as a workshop. The two parties I let my room to I presume must have been in this affair, and by whom I have been made a dupe; whether they took my room with a guilty knowledge of this robbery being about to be committed, and with the intention of removing the property to their room, I cannot say; but about half an hour before the policeman came, I heard the door below opened and shut quickly, consequently I now conclude that the two parties had the property, and being hotly pursued by the police, to save themselves, rushed
in, left the property, and immediately decamped; I was in bed when the policeman called.
GUILTY on 2nd Count. Aged 46.— Transported for Fourteen Years
THOMAS EMBERSON . I am a jeweller, and live at 31, Fore-street, in the parish of St. Giles, without Cripplegate. About half-past seven o'clock on 11th Feb., I heard a knocking against the plate-glass window, and eventually it broke—I ran out and pursued the prisoner, and he was taken by a police-man—I had a pair of dessert-spoons, which were found on the prisoner at the station—he delivered them up when about to be searched—they had been hanging close to the window within reach of an arm—these are them (produced)—they are mine,
Prisoner. You did not see me break the window. Witness. I heard it broken, and ran out, and saw you secured—your hand was cut and bleeding.
JOHN SPICE . As I was standing opposite the prosecutor's, I heard the glass break, and I saw the prisoner carefully drawing his hand from the window, and run away—I followed him till a policeman took him—I went to the station-house—I noticed his hand bleeding.
Prisoner's Defence. I am a stranger in London; I was coming through the city, a party ran towards me; somebody cried out, "Stop!" a man came before me, and handed me these two spoons; I took them, and he ran away; I ran likewise, and the policeman came and took me.
GUILTY . Aged 35.— Confined Nine Months.
528. EDWIN YORK CASBURN , stealing 2 watches, and other articles, value 20l.; 18 sovereigns, 3 half-crowns, and 15l. note; the property of Solomon Stern, in the dwelling-house of James Edward Thetford: to which he pleaded
GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged 33.— Confined One Year.
NEW COURT.—Tuesday, March 5th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt.,
Ald.; Mr. Ald. SALOMONS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Sixth Jury.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 43.— Confined Six Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
FREDERICK CHARLES BANKS . I am assistant to Mr. Pearce, a surgeon, in Regent-street. On 2nd Feb. the prisoner came, about half-past ten o'clock in the morning, for two ounces of salts and a pennyworth of palm-oil—they came to 2 1/2 d.—she gave me a shilling—I saw it was bad, and told her so—she said, if I would let her have it, she would take it back to where she got it from—I bored a hole in it, and placed it on the scales—she went away—the policeman came in about an hour afterwards, and I gave him the shilling.
GEORGE HENRY BLACKBURN . I am a dealer in leather, in Chapman-street, Vauxhall. On 2nd Feb. the prisoner came, between nine and ten o'clock, for a penny ball of hemp and a pennyworth of tips—she gave me a shilling—I gave her 10d. change, and put the shilling in the till, where there was no other—in five or ten minutes a communication was made to me, and I went to the till—I found only that one shilling—I found it was bad, and gave it to the constable.
Prisoner. Q. Can you swear it was me? A. Yes—I think she came into my shop a week before, when I took a bad sixpence.
SUSAN RICHARDS . My husband is a carpenter, and I keep a haber-dasher's shop in Dorset-street, Vauxhall. On 2nd Feb., about ten o'clock in the morning, the prisoner came for a penny reel of cotton and a halfpenny-worth of needles—she gave me a shilling, and I gave her 10 1/2d. change—I put the shilling in my pocket, where I had but a half-crown—about five minutes after, a communication was made to me—I took the shilling out, and gave it to the officer.
Prisoner. Q. Can you swear it was me? A. Yes.
WILLIAM ALEXANDER CARTER . I keep a draper's shop, at Pimlico. On 2nd Feb. the prisoner came to my shop, about half-past twelve, for a penny-worth of tape and a halfpennyworth of cotton—she gave me a shilling—I bent it, and told her it was bad—she said she had it given to her—I asked where she lived—she said, "Just by"—I said, "If you will tell me where you live, I will send and see"—she would not—a policeman was passing, and I gave him the shilling and the prisoner.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these shillings are all counterfeit—two of them are of George the 3rd, and are of the same mould; and two of them are of Victoria, and are of the same mould.
Prisoner's Defence. I am guilty of one, which was given me the over-night; I am an unfortunate girl; the other three I did not pass.
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
LOUISA DAWKINS . My husband is a general dealer, at 5, Henry-street, Grays-inn Road. On Wednesday, 6th Feb., the prisoner came to the shop, about five o'clock in the evening, for a pennyworth of onions—she laid down a half-crown—I gave her 2s., which I laid down separately, and 5d. in copper—I said, "There is 2s. 5d.; please to look at it"—she said, "I know good money"—she took up the 2s. 5d., and put it, as I supposed, in her
pocket—she went to the door, and returned, and said, "I have found a penny, will you give me my half-crown back"—I said, "Yes"—I gave the half-crown, and she laid down two shillings, and 6d. worth of copper—she placed the shillings one on the other, and the under one was bad—I moved one from the other, and I said, "You good-for-nothing, bad woman, you have given me a bad shilling"—she immediately ran out of the shop—I called after her, but she went out—my husband followed her, and brought her back—I said, "This is a bad shilling"—she said, "Never mind; you know that is good, take it out of that," and she gave me the half-crown—I took the shilling, and gave her a sixpence—I laid 1s. 6d. on the counter—I said, "You ought to think yourself a fortunate woman"—she took the money, and said, "Will you give me halfpence for the sixpence"—I said, "I am short of halfpence, but if I can I will"—I went to the till, and was in the act of taking the sixpenny-worth of halfpence out, and she changed the sixpence, and gave me a bad sixpence—I told her it was bad—she made use of most awful language, and told me I should suffer for it—I gave the shilling and sixpence to the officer—when I gave the two shillings to the prisoner first I put them separately on the counter—I am able to say that they were both good, and the sixpence I gave her was good.
Cross-examined by MR. PAYNE. Q. How long was it after she left the shop before your husband went out? A. About one minute—he had been sitting in the parlour at the side of the shop—the prisoner came back with him—she did not say that she would put up with the loss of the shilling, but she would seek redress elsewhere—when my husband came back he did not stay there—he went to the child, who was crying—there was no one in the shop but the prisoner and I—the prisoner did not say this was an imposition practised upon her, and she would seek redress—she was quite willing to lose the shilling—after I had accused her of having put down a bad sixpence she did not ask my husband whether she had touched the money—my husband did not say that she bad not touched it—I did not say, "I know better"—she said it was quite bad enough to lose the shilling, without losing the sixpence—all this was before the policeman came in, and my husband was away with the child.
JACOB MARETH (policeman,C 121). The prisoner was given into my charge—I received a bad shilling and a sixpence from Mrs. Dawkins, and a good half-crown—I took the prisoner from the house—she said a good bit in going along—she admitted the shilling, but denied the other piece.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy by the Jury. — Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOSEPH DAVIES . I keep the Crown, in Ormond-yard. On Saturday, 2nd Feb., the prisoner came for a pot of porter, between eight and nine o'clock—he gave me a half-crown—I gave him two shillings and threepence back—I found the half-crown was bad, but I gave him the change, and I went round the counter, I had a great many persons there, and I could not get through quick enough to see where he went—I lost sight of him—I marked the half-crown—I had never seen the prisoner before, but on the Monday evening following he came with another man and tendered me a bad shilling—I am sure he is the same man that came on Saturday.
Prisoner. Q. When I gave you the shilling, what did you do with it? A. I put it on one side—I put the half-crown on one side, and came round to stop you—I put the half-crown in a separate place—I knew it to be a bad one.
ELIZA BENSON . My husband is a chandler, in King-street, Soho. On 16th Feb. the prisoner came, about twenty minutes past twelve o'clock at night, for two eggs—he gave me a shilling—when I was going to give him the change he said, "How much are they?"—I said, "Twopence"—he said, "They won't do, I want new laid ones"—he was going out, and he turned back and said, "I will take them"—he had given me a shilling before—I laid it down—when he came back he took that up and gave me another shilling—I said, "You have changed the shilling"—he said he had not—I said, "Yes, you have put it in your mouth"—(I saw him put his hand up to his mouth)—he said, "I have not got it in my mouth"—I said, "Then you have swallowed it"—I called my husband, and he sent for the officer—I marked the bad shilling and gave it to him—when my husband came, the prisoner offered to pay 2d. for the two eggs, and I would not take it.
Prisoner. Q. You say I gave you a good shilling? A. Yes, and I put it in the till—there was no other shilling in the till—I know that they were all good that I had in the till—I did not see any second shilling in your possession—I had about two or three in the till—I am sure I gave you a good shilling back.
Prisoner's Defence. The half-crown, I have every reason to believe, was a good one; he would not have given me the change if she knew it was bad: with respect to the shilling, it is not the shilling I gave her; she says I gave her a good one; she gave me a shilling from the till, but there is no proof that she might not have taken that bad one in the course of the evening.
GUILTY . Aged 34.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS LAYEL . I am barman, at the Turk's Head pub]ic-house in Aldgate. On Saturday, 2nd Feb., the prisoner came about twenty minutes before ten o'clock for half-a-quartern of gin—she tendered me a bad shilling—I asked where she got it, she said her husband gave it her—she then gave me a good shilling—I gave her change for that, and kept the bad one—I gave it to the officer the same day—I desired a person to follow the prisoner when she went out.
EMMA BECKETT . I am assistant in the shop of Mr. Todd, a pie-man. On Saturday, 2nd Feb., the prisoner came a little before ten at night for a penny pie—she gave me a sixpence—I gave her change—as soon as she got out Sandwell came in—I looked at the sixpence, and saw there were two teeth marks on it—I gave it to the officer—I saw the prisoner in custody that evening.
Prisoner. Q. When I gave you the sixpence you put it on a marble stone
with other silver? A. I put it with other silver, but I know the place where I put it—I swore on the Monday that you gave me the sixpence—this is my writing to this deposition—(the deposition being read, stated, "I put the six-pence on the counter away from other money")—I did not mix it with other money—there was other money not far off, but it was not with them—I placed it at the back of the counter, separate from other money—I took it from there in about a minute—no one else had interfered with it—I swear it is the same sixpence that I had received from her.
WILLIAM MOLLOY (policeman, H 170.) I received this sixpence from Miss Beckett, and this shilling from Mr. Layel—I took the prisoner in custody in Whitechapel—as I was taking her from the pie-shop I heard something drop on the pavement like a coin—when she was going to be searched by the female, she said it was no use searching, she had but one bad piece, and that she dropped as she went along, as sharp as the policeman was.
Prisoner's Defence. I came up the Butcher-row, to get a bit of meat; I went into the public-house, and put down a shilling; the man said it was bad; I said I took it from my husband; he said I must fetch my husband; I said I could do so; I then went to get a pie; I came out and eat it; I was looking in the next window, and the policeman took me.
(The prisoner received a good character.)
GUILTY .** Aged 20.— Confined Twelve Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
LUCY MATHER . I am the wife of George Mather—I keep a tobacco-shop, in St. Giles. On 15th Feb. the prisoner came, about twelve o'clock in the day, for a quarter of an ounce of tobacco—he gave me a sixpence; I gave him the change—as he was going off the step of the door I found the sixpence was bad—I went to the door, but he was gone—I put the sixpence in a drawer separate from other money—in about ten minutes, or a quarter-of-an-hour, the prisoner came again, for a quarter of an ounce of tobacco—I said, "You were here just now"—he said, "No, I was not"—I asked what he was going to pay, and he gave me a second bad sixpence—I sent for an officer, and gave him the two sixpences.
Prisoner's Defence. I was at Charing-cross on Saturday night, and a gentleman asked me to carry a carpet-bag to Euston-square; he gave me a sixpence; I went in the shop, and the person said it was bad; as for going in the shop twice, I did not; I was only there once.
GUILTY .** Aged 16.— Confined Twelve Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
MARY ANN DAVIES . My husband keeps the Star public-house, in Wilkes-street, Spitalfields. On 21st Feb. the prisoner came for some gin and pepper-mint, at twenty minutes before twelve o'clock at night—I served her; it came to 1 1/2d.—she gave me a bad shilling—I bent it, and told her it was bad—I told my husband, and he said, "I think a policeman had better know about it"—she gave me a good shilling, and went out with my husband—
when my husband came, she dropped another shilling from her left hand, before the bar.
CHARLES JAMES DAVIS . On the night of 21st Feb. my attention was called by my wife to a shilling which had been uttered by the prisoner—I bent the shilling—I told the prisoner it was a bad one, and a policeman had better know of it—the prisoner then dropped another shilling—I took it up and bent it—she said she had taken it at the door before you come to Mr. Cook's, of a person named James, in the same street where my house is—I went out with her to the door which she had mentioned—I could not find any person of the name of James—she was going past the house.
Prisoner's Defence. I am a dress-maker; I received them for my work.
Witnesses for the Defence.
ELIZABETH PARTRIDGE . My husband is a dealer in wood, and lives in Union-buildings, Kingsland-road. I know the prisoner by lodging with me about eighteen months—she takes in needlework—I have always found her an honest, hard-working young woman—I never heard any harm of her.
Cross-examined by MR. BODKIN. Q. Who was the other person that came with you? A. My daughter—her husband is a horse-keeper, at White Horse-yard, in the Borough—she does not live with me—she has got two children—her husband's name is Charles Thompson—I do not know a man of the name of Montrieu; I do not think my daughter does—I have not seen her in company with such a person—my two daughters have been in my company here—the one who is not married lives with me—my daughter knows what character the prisoner bore in my house—she always took in needlework, and worked very hard—my son-in-law has a sister who makes Macintosh coats, and she did some of them—the prisoner has no man who comes to see her in my place—I do not know that she is acquainted with any man—I never saw her go out with any man, nor any man come to ask for her—I never saw her come in with any man, nor would I suffer such a thing—during the eighteen months I do not know of any man calling on her—I have no reason to believe she is acquainted with any man with whom she kept company.
ELIZABETH THOMPSON . I am daughter of the last witness. My husband is horse-keeper to Mr. Clews, in the Borough—I have known the prisoner about two years—I always knew her to be an honest, hard-working woman—the first I knew of her was her keeping company with a young man a friend of my husband's—she came to my house, and after that I was taken ill, and she came and nursed me up to the time of ray confinement—then she went to my husband's sister, and worked for her, till about three months ago—I always knew her to be hard-working.
Cross-examined. Q. How long has she lived with your mother? A. Eighteen months—she was away with me same time—the name of the young man she was acquainted with, was George Scott—he did not go to my mother's—she came to my house—I have been in company with my mother and my sister Mary Partridge, with no other woman.
MR. BODKIN called
GUILTY. Aged 23.—Recommended to mercy by the Jury .— JudgmentRespited.
ELEANOR PICKERING . My husband keeps the Bull Inn, Highgate. On 22nd Feb., at half-past four o'clock, the prisoner came and asked me for half a pint of beer, and gave me a shilling—I gave her change, and she left—I found it was bad—I sent after her, she came back, and I said she had passed a bad shilling to me—I insisted on having my change back—she said it was a strange thing—she gave me back the 11d., and I nailed the shilling to the step of the door—my husband informed an officer, and in two minutes he brought the prisoner back—I saw the edge of two pieces of money in her mouth—I said, "You have got bad money now in your mouth"—"If I think proper," she said.
Cross-examined by MR. PAYNE. Q. Was any attempt made to get it out of her mouth? A. No—I could see it as she talked—it was in the form of a shilling—I only saw the edge.
EDWARD NYE (policeman, S 336). I took the prisoner, thirty or forty yards from the house—she was searched at the station, and one counterfeit shilling, four good sixpences, and 1s. 2d. in copper, found on her—I went to Mr. Pickering's, and took this shilling from the door-sill.
GUILTY . Aged 24.— Confined Six Months.
HENRY EDWARDS . I am a tobacco-merchant, of Manchester-street, Brunswick-square. On 6th Feb. the prisoner came to my shop, about eight o'clock in the evening—she asked for sixpennyworth of Cuba's—she gave me half-a-crown—I gave her change—I put the half-crown on a shelf behind me—three or four minutes afterwards I found it was bad—I had just dropped it into the till at first—there was no other half-crown there—I was induced to take it out again, and put it on the shelf—it remained on the shelf till the next case happened—on 22nd Feb. the prisoner came again, about eight in the evening, for sixpennyworth of cheroots—she put down a bad half-crown—I knew her directly—I said, "This is bad, and you know it; I have taken one of you before"—she said, "I have never been in the shop"—I said, "Where do you live?"—she said, "I don't choose to tell you"—I gave her in charge—the second one had never left my hand.
RICHARD ETHERIDGE (policeman, E 163). I took the prisoner—she said a young man gave her one half-crown, and she was going to get sixpenny-worth of cigars to treat him with—she said she had only been in the shop once.
Prisoner's Defence. I gave him but one; I did not know it was bad.
GUILTY . Aged 17.— Confined Six Months.
CHRISTOPHER FISK . I am a cheesemonger, of Shoe-lane. On 8th Feb. the prisoner came, about nine in the evening, for some bacon—it came to 2d.—he gave me a bad shilling—I marked it, took it down to my brother, and called a policeman—my brother gave it to him in my presence—this is it.
ELIAS MILLER (City policeman, 91). I received this shilling and the prisoner in custody—at the door of the station, on liberating one hand, he threw a shilling down a grating—I found on him a fourpenny-piece, five halfpence, and one penny, all good, and one good sixpence in his mouth—I got this shilling up from the grating.
GUILTY . Aged 21.— Confined Six Months.
HENRY FREDERICK BUGDEN . I am ten years old, and live with my father and mother, in Bartholomew-close. On 1st Feb. I was coming from school, at twelve o'clock—I met the prisoner—he was a stranger to me—he asked me to go and fetch him a half-quartern loaf at Mr. Lowe's, a baker, in New-street—he gave me a 5s.-piece—he said, if I could not get the change there, to go to Mr. Gurney's for it, and he would give me a halfpenny—I went to Mr. Lowe's, and offered the 5s.-piece—they did not take it—I then went to Mr. Gurney's—I saw Mr. Warwick Gurney, and he sent for a policeman—I went out with the policeman, and the prisoner was gone—the officer had his uniform on—Mr. Gurney gave him the 5s.-piece—it was what the prisoner gave me—I am sure he is the man.
WARWICK OBEY GURNEY . I am a publican, of Little Britain. On 1st Feb. Bugden came for change for a crown-piece—it was bad—he told me how he got it—I gave him in charge—I gave the crown to the officer.
JOHN BAKER (City-policeman, 255). I took the prisoner at Mr. Broom's shop, in Duke-street—he charged him with coming with a bad 5s.-piece, and said he believed he had come there two months before—the prisoner made no answer—I received this crown-piece from Mr. Broom, and this other from Mr. Gurney.
Prisoner's Defence. I never saw the boy in my life; the Magistrate asked him if it was me; he said "No" each time; then he said he thought it was me; and then he said it was me.
GUILTY . Aged 23.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
BENJAMIN BANKS . I live in Lamb's Conduit-street, and am head waiter at Freemason's Tavern. I have known the prisoner eight or nine years—I did not know Mr. Adlard till about the middle of last year, when he came to a dinner at the Tavern—I had dealings with the prisoner—I considered I was dealing with him on his own account—in July there was between 15l. and 16l. due from me to him; and in consequence of receiving a letter from him, I allowed him to draw this bill for 20l. on me—this is my acceptance to it—the amount owing to him was 15l. 6s.—the remainder was to be made up, as I expected to have some more things of him for the boys—I have looked for the letter, and have not found it—he said in it would I allow him to draw on me at six months after, date for 20l.—the account was enclosed in the envelope—I sent one of the boys to the prisoner, and he got one suit and one other jacket, making the whole amount 21l. 3s. 6d., but his wife owed my wife something, and the bill was drawn for 20l.—I left the money with my wife to pay this bill on the 4th of Jan.
Cross-examined by MR. CLARKSON. Q. Did you know he was in the service of Mr. Adlard? A. Yes—he was introduced to me by Mr. Cogger, the other head waiter, who had known him some years.
ANTHONY TYRE . I am in Mr. Adlard's employ—the prisoner was his foreman. In July last I received two pieces of cloth from him in the shop—I did not see him cut them off—by the prisoner's desire I took a jacket home,
made it, and took it to Mr. Banks in Lamb's Conduit-street next day—I made up a second jacket, by the prisoner's direction, and took it to Banks—I received the trimmings at the time I received the first cloth, they were in it—I was paid for the making them, on the Saturday night—the prisoner paid me from the till—these are the two jackets—I cannot tell whether the cloth was Mr. Adlard's, or where the trimmings were taken from—I saw the sleeve-lining of the second jacket cut from the piece—the padding and lining were Mr. Adlard's.
FREDERICK ADLARD . I am a tailor and draper, of 254, High Holborn—the prisoner was my foreman upwards of ten years—he had no right to do any business on his own account—his wages were 2l. 15s. a week—if he received any orders it was his duty to enter them in the order-book which I have here—in July here is an entry of a suit to Mr. Banks for Master Banks—the price is two guineas—if any articles were delivered and not entered in the book I should have no means of knowing that they were supplied—I have no entry here of another jacket—if the prisoner had been paid any money on account of any of these things, by bill or otherwise, it would have been his duty to tell me—all cash affairs are balanced the same day—he had no authority to draw any bill on Banks, to my knowledge—he has never paid me any money on account of these jackets, or for this bill—I believe them to be made out of cloth on my premises—I have a piece here to compare with them—the prisoner was dismissed on 19th Jan.—on looking over the order-book I spoke to him about Banks's account—he said, "It is all right. Sir; Banks will settle that at Christmas."
Cross-examined. Q. I believe you do not attend much to business? A. Yes, I am very much in it—I was not able to trust a collector, and I am out collecting—I was in the habit of trusting business to the prisoner—my engagement was that he should not deal on his own account—he had not liberty to cut cloth and deliver it out, without entering it in the order-book—he had no authority to make any arrangement about this bill of Bank's, and he did not mention anything to me about it
(The prisoner received a good character). NOT GUILTY . (See page 502.)
JAMES PONFIELD (policeman, E 119). On 19th Feb., between nine and ten o'clock, I saw the prisoner in Holborn, about 300 yards from Mr. Towers' shop—he had something rolled up in the tail of his coat—I asked him what it was—he said a pair of boots, and he got them in Petticoat-lane.
WILLIAM GOSLING (policeman, S 339). I produce a certificate of the prisoner's conviction at Clerkenwell—(read—Convicted, July, 1849, confined six months)—he is the person—there were four former convictions previous to that GUILTY .† Aged 16.— Transported for Seven Years.
OLD COURT.—Wednesday, March 6th, 1850.
PRESENT—Mr. Justice WIGHTMAN; Mr. Justice CRESSWELL; Mr. Ald.
GIBBS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Third Jury.
545. JAMES MAY , stealing 2 coats, 1 cruet-stand, and other articles,value 5l.; the goods of William Bowles, in his dwelling-house; and afterwards burglariously breaking out of the same: to which he pleaded
GUILTY . Aged 32.— Transported for Ten Years.
GUILTY . Aged 36.— Confined Six Months.
547. THOMAS HALEY , stealing 10 watches, and other articles, value 43l., and 10 sovereigns and a guinea; the property of John Phineas Samuel, his master, in the dwelling-house of Jane Payne: to which he pleaded
GUILTY . Aged 25.— Transported for Ten Years.
Before Mr. Justice Cresswell.
548. WILLIAM CASTLEY , stealing, whilst employed under the Post-Office, a letter, containing 30 sovereigns, and 6 5l. Bank notes; also a letter, containing 2 5l. notes, and 20 sovereigns; the property of the Postmaster-General: to both of which he pleaded
GUILTY . Aged 25.— Transported for Fourteen Years on the first indictment , and Seven Years on the second, to commence on the expiration of the first.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WALTER ROBERTSON SCULTHORPE . I am one of the superintending presidents of the London district General Post-office. On 12th Feb. I made up a letter, and folded a half-sovereign and a florin in the corner of it—I addressed it "Mr. Samuel Fisher, Mate on board the Swiftsure, Outward-bound Docks, Liverpool," and gave it to Peek at six o'clock on the morning of the 13th—if he posted it at the receiving-office, Abbey-road, St. John's Wood, it would reach the General Post-office at eleven, in the regular course in the Paddington bag—I was at the General Office that morning—on the arrival of the Paddington bag, I opened and examined it—my letter was not in it, and I went with Peek and Mr. Cole to the post-office in the Abbey-road, kept by Mr. Daws—we found the prisoner there—he was Mr. Daws' assistant—I took the letter-bill with me, which had come with the bag, and asked the prisoner whose figures they were—he said they were his—I asked him if he made up the collection—he said he did—I said there was a money-letter posted there that morning, addressed to Liverpool, which had not been forwarded to the Post-office—he said he had not seen such a letter—I desired Peek to search him—he took some money from him—this half-sovereign was among it (produced)—it is the one I enclosed in the letter—Peek took a pocket-book from his pocket—Mr. Cole was about to open it—the prisoner said, "Oh, there is nothing in that"—it was opened, and the letter was found in it—it was not open, I opened it before the Magistrate, it contained this letter and the florin—the end of the envelope had been taken out and gummed in again—it was not so when I gave it to Peek—there was no appearance of the seal having been broken—if this part of the envelope had been folded back, a party could draw out the money without breaking the seal—I told the prisoner it was my half-sovereign and my letter—he made no answer—I gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Supposing this envelope had come undone, from the position in which the half-sovereign was placed, could it have dropped out? A. No, the letter must have been folded first.
MATTHEW PEEK . On 13th Feb., at six in the morning, I received this letter from Mr. Sculthorpe, and put it in the letter-box at Mr. Daws', chemists, Abbey-road, about half-past seven—it was then in all respects the same as I received it—I returned to the General Post-office, and about noon I accompanied Mr. Sculthorpe and Mr. Cole to Mr. Daws'—we found the prisoner there—I searched him, and found a half-sovereign in his waistcoat-pocket, and a pocket-book in his pocket—he said, "You will find nothing there but private matters"—I handed it to Mr. Cole, and took the prisoner into custody.
RICHARD DAWS . I am a chemist, of Abbey-road, St. John's Wood, and keep a Post-office receiving-house—the prisoner was my assistant, and assisted in making up the letter-bag. On 13th Feb. I left home about a quarter past nine, leaving him there—it would be his duty to make up the letter-bag.
Cross-examined. Q. Are you an apothecary as well as a chemist? A. Yes—I took the prisoner as assistant to me as apothecary and chemist—I have a written appointment from the Post-office, and so had the prisoner—he had no salary from the Post-office—he took the oath before the Magistrate to serve the Post-office—I was not present—I gave him 10l. a year, and his board and lodging.
COURT. Q. Did you learn from him that he had been sworn? A. Yes—a printed form is given me when I take an assistant—I gave it to the prisoner, directed him to go before the Magistrate, take the oath, and get the paper filled up—he went out, came back, told me he had taken the oath, and gave me the paper—I sent it to the Post-office.
MR. BALLANTINE submitted, that if the letter came legally into the prisoner's possession, his appropriating it would not amount to a felony, as against the Post-Master General, he not being shown to be his servant. THE COURT likened the case to that of a carrier's man breaking open a parcel and taking the contents; and decided against the objection.
(Thomas Milner, of Norwood, the prisoner's uncle, gave him a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury. — Confined Eighteen
(MR. BODKIN offered no evidence.)
NOT GUILTY .
(There was another indictment against the prisoner for a like offence, upon which MR. BODKIN offered no evidence). (See Third Session, page 279.)
Before Mr. Justice Wightman.
GUILTY . Aged 17.— Transported for Life.
Before Mr. Justice Cresswell.
552. HENRY EDGAR, alias Veale, burglariously breaking and entering the dwelling-house of James Kearsley Starling, and stealing therein 66 pencil-cases, 14 pen-holders, and a variety of other articles, value 15l. 19s. 7d.; 15 half-crowns, 83 shillings, 26 sixpences, 4 groats, one 3d.-piece, and 6 pence; his property; having been before convicted.
MR. PLATT conducted the Prosecution.
JAMES KEARSLEY STARLING . I am a bookseller, of 87, Upper-street, Islington—it is my dwelling-house. On 11th Feb. I went to bed soon after twelve o'clock—I went over the whole of the house—I was the last person up—on the landing on the first flight of stairs there is a door, and a window shuts down on it—it was safe, secured hy a bar and a lock—I am not quite sure whether the window-bolts were fastened, but the window was so stiff we could hardly move it, it had not been opened for a long time—the door opens on the leads which cover my back parlour, it abuts on some sheds and yards which lead into Seabrook's mews—a person could get to the window and door by coming over the buildings—the house communicates with a public-house yard—about half-past three I was awoke by the springing of a rattle—I got up, thinking there was a fire, but seeing nothing went to bed again—as the clock struck four I was aroused by the police, found the window open, and the bar removed—I let the police in—my secretary and book-case were broken open—a drawer had been turned over in the shop—a glass case, which had contained silver pencil-cases and gold pens, was emptied—I missed silver-mounted pen-holders and other things, value 20l. or 22l., and 12l. or 14l. in silver—to the best of my belief, this hammer (produced) is mine—it laid on the dresser the night before.
Cross-examined by MR. COOPER. Q. It is a very common hammer? A. Yes—I saw the pencil-cases the night before.
JOSEPH BATES (policeman, N 414). On 11th Feb. I was on duty, and about half-past three o'clock was going down Seabrook's-yard, and met the prisoner coming from the back of Mr. Starling's house—I put my left hand against his left arm, and said, "Halloo! what are you doing of here?"—he made no reply, but leant back and struck me under the ear with this hammer, but I could not see it at the time—I reeled against the wall, and he run out immediately—I recovered myself, ran out, and gave an alarm—he was taken by Gibbs, in my presence, in the Lower-road—I found on him this property (produced,) and some which was given up by the Magistrate's order—I found this chisel in the pocket of Mr. Starling's coat, which the prisoner had on—I found on him 7l. 4d., and two base half-crowns.
MR. STARLING re-examined. All these things are mine—these pencil-cases have my writing on them—I defaced these bad half-crowns.
GEORGE WALLTERS (City-policeman, 250). I produce a certificate from Mr. Clark's office—(read—William Scott, convicted of burglary, April, 1847, and confined eighteen months)—I was present—the prisoner is the man.
GUILTY . Aged 22.— Transported for Fourteen Years
(There was another indictment against the prisoner for wounding the policeman.)
MR. BRIARLY conducted the Prosecution.
JOHN RILEY . I live at 26, Orchard-place. I sometimes run on errands for Daniel Lucas. On 11th Feb. he sent me out with sixpence, one penny, and two halfpence—I saw the prisoners—Flanagan lives at 16, Orchard-place; Burke at 2, River-place, next door to Mr. Lucas; and Breen at 1, Gray's-buildings
—I was going down Orchard-place to the mews—Burke said to Flanagan, "Search Riley, to see if he has got any cigars"—they got me down Edward's-mews—Flanagan ran, and hallooed out that he had got me—Burke and Breen took hold of my hands, and Flanagan took the money out of my pocket—he put the sixpence in his mouth, saying, "There is but 2d.," and ran down the mews—I hallooed out—Flanagan ran away—Burke and Breen walked down the mews—I began to cry, and the policeman came.
Cross-examined by MR. REBTON. Q. Where are the mews? A. At the bottom of Orchard-place—I was going to Thomas-street—through the mews is the shortest way—it was about half-past four o'clock—there were plenty of persons in the court, but none in the mews—I had been with Mr. Lucan a long time—I have stolen money myself—it was my uncle's—I was before the Magistrate for stealing some studs of a man in Oxford-street, and got fourteen days and a flogging—that was four months ago—I stated before the Magistrate that Burke caught hold of one of my hands—(The witness's deposition being read agreed with his evidence.)
JOHN STANLEY (policeman, D 48.) Riley complained to me, and I took Flanagan and Burke, and told Breen to follow—I have known them from their infancy—I told Flanagan what I wanted him for—he said, "We did not rob him, the money was knocked out of his hand, and I picked it up"—at the station he said he gave it to a boy to take to Riley's mother—Catherine Lawler gave me this money at the station—she lives with Riley's grandmother.
Cross-examined. Q. Do you know Thomas-street? A. Yes—the nearest way to it is I think through the mews—the woman gave me the money before they were locked up.
CATHERINE LAWLER . I live at 26, Orchard-place. Riley and his grandmother live there—on this Monday, about half-past four o'clock, some boys came, and hallooed out, "Mrs. Riley, here is Mr. Lucas's money that Johnny Riley had"—I went down, and received it; six pence, one penny, and two halfpence—I handed it over to Mr. Lucas—he would not have it—I gave it to Stanley—I do not know whether either of the prisoners were with the boys, as I am blind with one eye.
Cross-examined. Q. How many boys came? A. About a dozen.
The prisoners' statements before the Magistrate were here read.—The prisoner Burke says, "Yesterday evening, about half-past four, me, Breen, and Flanagan were going down Edward's-mews, and saw John Riley standing, with ten or twelve others round him, who said they were looking for something which had been knocked out of his hand; Breen picked up two halfpence, I picked up six pence, and two or three little boys said it was not his, it was theirs; we did not know who it belonged to, and gave all the money to Flanagan; a lot of boys came, and said the money was Mr. Lucas's; we sent to him to say we would give him the money; he would not come down, and we gave the money to a little boy to take to his mother." The prisoner Breen says, "I say the same as Burke."
NOT GUILTY .
554. JOSEPH BURGESS , and THOMAS RISLEY were indicted, (with George Turner, not in custody,) for a robbery on James Brown, and stealing from his person 1 purse, value 1d., 8 shillings, and 1 sixpence; his property.
MR. CARTEEN conducted the Prosecution.
JAMES BROWN . I am a broker at Tottenham. On 29th Jan., I was at Edmonton—I had left a house of mine at Tanner's-end; Westley, my man, was working there—about twelve o'clock, I was walking on a foot-path leading from Silver-street—Turner came up, and clasped his arms round me and
held me—Burgess came up, unbuttoned my breeches, and took out my purse, containing 8s. 6d.—I did not see Risley for an hour afterwards, when the policeman brought him to my house—I cried out, "Murder!" and they ran away—I went home—I had seen Burgess hundreds of times before, and knew Turner and Risley by sight.
ROBERT HAYES . I am a gardener at Edmonton. I was at work at a hedge about twenty minutes to twelve o'clock, and saw the prisoners pass me towards Silver-street—I knew them before—they were talking together—I had known Risley three years—I did not speak to him—I did not see Turner.
WILLIAM WESTLEY . I live at Tottenham, and am in Mr. Brown's employment. On 29th Jan., I was at work at his house at Tanner's-end—about twenty minutes past eleven o'clock, I saw Turner and the prisoners together—I knew them before—they were going towards Church-road—Mr. Brown was in the house then—he left in about ten minutes, and told me something—I went in pursuit of the prisoners—I found them going towards Edmonton—when I got near them, they separated—Risley ran by the side of a hedge—I pursued Turner to his own house—he went in—I went to the station, and gave information.
Burgess. Q. Where had you seen me before? A. Lurking about the Angel and the Bell at Edmonton—I have known you five or six months.
DUNCAN FORBES (policeman, N 490). Westley told me something, and I went after the prisoners—I took Risley at the Angel tap, about twelve o'clock—the foot-path that has been mentioned is 300 or 400 yards from there.
JESSE LAWRENCE (policeman, N 398). I took Burgess at the Three Tuns, Edmonton, not above a quarter of a mile from the foot-path, about half-an-hour after it happened—I told him the charge; he said he knew nothing about it, he had been in the foot-path, and had seen Mr. Brown there.
Burgess's Defence. I was not in Edmonton from half-past nine o'clock till one; I went to Wood-green to look after a job; 1 met Mr. Brown going towards his house, and then met a young chap who took me to the public-house where the policeman took me, and took me to Mr. Brown's, who said he knew nothing about me, and told him to let me go; I never mentioned being in the lane.
Risky's Defence. I know nothing about it.
RISLEY— NOT GUILTY .
BURGESS— GUILTY . Aged 25.— Transported for Seven Years.
NEW COURT.—Wednesday, 6th March, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. FAREBROTHER; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 30.— Transported for Seven Years.
(The prosecutor stated his loss to be 200l.)
GUILTY .** Aged 16.— Confined Twelve Months.
GUILTY . Aged 29.— Confined Three Months.
GUILTY .** Aged 18.— Transported for Seven Years.
GUILTY . Aged 50.— Confined Three Months.
GUILTY .— Confined Six Months.
GUILTY . Aged 20.— Confined Six Months.
562. JOHANNA LAHERN , stealing 3 gowns, and other articles, value 7l. 10s. 6d., 1 sovereign, 2 half-sovereigns, 16 half-crowns, 60 shillings, and 20 sixpences; the property of Garrett Nagle, her master, in his dwelling-house: to which she pleaded GUILTY . Aged 20.— Confined Nine Months.
GUILTY. Aged 39.—Recommended to mercy. — Confined Three Months
Before Edward Bullock, Esq.
MICHAEL WOODLAND . I am a butcher, of Ickenham. I had some beef in my shop on Saturday 9th Feb.—I had not seen it since Thursday morning, about eleven o'clock—on the Saturday evening I found it at the prisoner's house, in the back kitchen—I could not swear to it.
Cross-examined by MR. RIBTON. Q. Where was the prisoner? A. in bed—it was nearly eleven o'clock at night.
Cross-examined. Q. Was it then in the state it is now? A. No; I had cut a steak off it ten minutes before—it has been salted since; it would not keep without—I saw it again about half-an-hour afterwards, when it was brought to our house—I had not cut steaks off that part that evening before—there might be two thousand steaks cut off in the same way every day.
GEORGE GIBSON LYAN (policeman, T 197.) I went to the prisoner's house—I knew he lived there with his mother—I found this beef in the back-room—I afterwards went up-stairs, and found him in bed—I told him he was charged with stealing a piece of beef—he said, "If I had known what I know now, you should not have come into the house."
Cross-examined. Q. How far is the prisoner's house from Mr. Woodland's?
A. Twelve or thirteen yards—the prisoner was awake—the door was on the latch.
NOT GUILTY .
GUILTY . Aged 34.— Confined Fourteen Days.
MR. BALLANTINE conducted the Prosecution.
JOSEPH RYDER . I live at 86, High Holborn, and am a tobacco-manufacturer. I deal with Mr. Adlard—in Oct. last I had two pairs of flannel drawers of him—this is the invoice of them—I paid the prisoner for them on 12th Jan.; he gave me this receipt.
Cross-examined by MR. PARRY. Q. Are you related to the prisoner's landlord, in Museum-street? A. Yes—I had dealt with the prisoner for some years, when he lived in Museum-street, when he was in business for himself; and when he went into Mr. Adlard's service I dealt with him there.
WILLIAM JOHN BENTLEY . I live at 24, Church-street, Soho. I dealt with Mr. Adlard—I received an account of articles, amounting to 2l. 1s.—I paid the prisoner 2l. on 12th Jan.—I took this receipt from him.
Cross-examined. Q. How long have you known him? A. Four or five years—I had not dealt with him before he went to Mr. Adlard's.
Cross-examined. Q. How long have you known him? A. Twelve or fourteen years—I dealt with him when he was in business—he has borne a good character—I was introduced by him as a customer to Mr. Adlard.
FREDERICK ADLARD . I am a tailor, of 224, High Holborn. The prisoner was my clerk, and was authorised to receive money on my account—it was his duty to enter the money in the till-book immediately he received it—it was balanced every evening—it was his duty to enter the money, and give it to the foreman, who kept the key of the till—this is the till-book, there it no entry here of 15s. on 12th Jan., nor of 2l.—here is no entry of 6l. 3s. on 21st Sept.—I have the ledger here, in which I have an account of my credit customers—it was the prisoner's duty to make entries here from the cash-book, and to enter from the day-book into the cash-book, which was made up every Saturday—here is no entry of this 15s., 2l., or 6l. 3s. in the cash-book—when the customers paid, it was the prisoner's duty to strike it out of the ledger—here is Mr. Ryder's account, it is not made paid but carried on to 26th Feb.—here is Mr. Bentley's account—this does not appear to have been paid, or Mr. Beadle's account—there have been things had since, but the 6l. 3s. is not paid—here is the invoice—I have not received any of these sums.
Cross-examined. Q. The cash-book contains each separate amount, though it was posted up once a week? A. Yes; Stevenson was my foreman, he only had the key of the till, and he accounted to me every night for the cash—it was the prisoner's duty to pay him the money to put in the till, and to put the entry in the till-book—I have known the prisoner many years—he was apprenticed to me in 1832—he has been in business himself, and then he returned to me as a servant—I prosecuted Stevenson, but not in reference to these sums of money; he pleaded guilty this morning—he was taken into custody before I charged the prisoner—I requested that the prisoner should not see
him before he was given into custody—the prisoner said he believed him to be an honest man, but after he was taken he said he knew him to be a rogue, and that I had been robbed—the prisoner was discharged a week before he was taken into custody—I discharged him on the Tuesday, with the hatter—he did not say that if I wanted to see him, he should be at 22, Museum-street—I said to him, "It is very probable, when the foreman is remanded I shall want you," but I did not say what for—on the Saturday afterwards, when the foreman was charged with embezzling, he said, "The clerk is as guilty as I am"—the prisoner was given into custody on the Sunday morning—I did not see him from the Tuesday morning, when I sent him away—he did not say till after Stevenson was in custody, that he had sometimes given money to Stevenson without any intention of robbing me, and that Stevenson had given the money back again—entries have been made by the prisoner in the till-book, and the money handed over to me, but I did not know it at the time—I have received the money—he told me on the Monday before he was apprehended, that he had received the money of Beadle and Bentley, and I discharged him for it—I did not let him remain any longer—he did not offer to pay these sums, he wanted to make a memorandum of them—I was not going to his father to get the money, nor did Mrs. Adlard prevent me—he wanted me to go to his father, and I said what was I to go for—I thought he wanted to draw me into some trap, and I would not go—I did not then know that he was implicated at all—between his discharge and his being taken into custody, he sent me a letter; I did not answer it—Stevenson had been with me a little better than ten years—I am always in my business—I was not out all day regularly collecting accounts—I was nearly every day—Stevenson cut out the goods, and managed the business: he had the super-intendence of it—I used to sell in the shop, and attend to my customers, and I was out collecting, for when I sent the prisoner out to collect I could get no account from him.
MR. BALLANTINE. Q. You took him into your employ after he had left you and set up in business? A. Yes—up to the time he was discharged I had no reason to doubt his honesty—something took place at Bow-street, and I gave him into custody—he remained in my employ eight days after I discharged Stevenson, and two days after I gave Stevenson into custody—when I was going up against Stevenson, he told me of two sums that were against Stevenson, but he did not tell me of either of these till the Tuesday, when he said, "Will you allow me to make a memo. in the book of having received Mr. Bentley's and Mr. Beadle's amounts?" and I said, "No."
Cross-examined. Q. When you took the prisoner, was anything found on him? A. Yes, 14l. 10s.—I kept it, by the Magistrate's order.
(The prisoner received a good character.)
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
DANIEL RILEY . I live at 7, King-street, Drury-lane; I work at a plate warehouse in Castle-street. In Nov. I went to Mr. Adlard's shop for a pair of trowsers—I saw the prisoner, and told him I wanted something cheap, old stock, or soiled, or something of that kind—he gave me five or six pairs, and I selected this pair at 10s.—I told him I was not in a position to pay then,
and asked him if it made any difference—he said, "Not at all for a short time, to oblige you"—shortly after Christmas I paid 5s.—I have not paid any more.
Cross-examined by MR. PARRY. Q. When did you pay the 5s.? A. Some time in Jan.—the prisoner desired me to bring back the number that was on the trowsers, which I did—there was not another shopman present.
FREDERICK ADLARD . I am a tailor, of Holborn. These are my trowsers—my private mark is on them—it was known to the prisoner—it is the cost price, 11s. 6d.—he was to sell them for 15s.—that is the general price—he was not to sell them under the cost price without my sanction—I did not give him any sanction to sell these—I did not know of it—it was his duty in any sale to enter it in the book, and to enter ail goods when sold, and the name of the party to whom sold, if sold on credit—there is no entry in the book of the name of Riley, or of these trowsers, or of the 5s. received on account of them—till this affair I knew nothing of the sale of them—there are in the book many sales of an equally small description with this—we enter it, if it is only 6d.
Cross-examined. Q. How many persons were in your shop beside the prisoner? A. The foreman and shopman—a person named Robins was there; he is still in my employ—I have at times sold under cost-price, but these trowsers had never been soiled—when we cannot write on the article a ticket is put on, but that ticket is destroyed.
Cross-examined. Q. You said you wanted soiled trowsers because they were cheap? A. Yes—I presume these were soiled by being in the window—my object was to get them as cheap as I could.
NOT GUILTY .
GUILTY . Aged 49.— Confined Six Months , and to enter into recognizances tokeep the peace towards his wife, having threatened her with violence .
MESSRS. CLARKSON and PARRY conducted the Prosecution.
ALEXANDER GEORGE FORD . I have been in the employ of Mr. Cox, a solicitor, of Pinner's-hall, Broad-street, about six months. I know the prisoner; he was in Mr. Cox's employ before I was—on 4th Feb., about four o'clock in the afternoon, I received from Mr. Lines an account of Mr. Cox's five 10l.-notes, and five sovereigns—the prisoner saw me receive it—I said, "It is too late to pay the money into the bankers (the Union Bank), we had better lock it up in the cupboard"—I did not lock it up then—it was after five when I put it on a shelf in the cupboard in Mr. Cox's inner room, locked it up, and put the key in my desk—I put some papers over it—1 and the prisoner remained in the office till twenty minutes to six—a client came in, who remained three or four minutes, and went away—about twenty minutes before six the prisoner saw me go to the cupboard, and I told him I had locked the money up—we both left the office at the same time—he was aware that the cupboard was considered a place of security—it was the usual way to put the key in my desk—I came out of the office first—he followed close after me—he appeared to me to shut the door, and lock it—I presume he had the key of the door; I cannot say—it was our habit to take the key
to the porter's lodge, and hang it on a nail—I did not do that that night—the prisoner came down the stairs—he went inside the porter's lodge, and returned in about half a minute—I waited for him, and we went together a little way up Broad-street—we parted in about two minutes after we left the office—I went at ten o'clock the next morning, I went up-stairs first, expecting the office would be open—our usual time for business is half-past nine—I tried the handle, and found the door was not open—I came down, went to the lodge, and found the key hanging up—I took it, and opened the office—the prisoner's pad was out, and so was mine—I saw this note on the desk; it is the prisoner's writing—(reads—"Dear Ford, I am too ill to stop at the office. Thomas Almond. 5th Feb., 1850." He had made no complaint to me of being ill the evening before—I lifted up my desk, and the key of the cupboard appeared to be in the situation I had left it on the Monday evening not at all disturbed—I took it, went in Mr. Cox's room to the closet, and was about to introduce the key into the lock, and found the door was broken open, and stood rather ajar, and the money I had deposited there was gone—Mr. Cox had not arrived—it was between five and ten minutes after ten—I went after the prisoner, and overtook him near the Elephant and Castle—he lives within five minutes walk of the Elephant and Castle—I think it was about a quarter before eleven o'clock when I came up to him—he was walking very leisurely—I said, "This is a most unfortunate job, the cupboard is broken open, and the money is gone, come back to the office"—he made answer, "I can't help it, I am very unwell, I must go home"—I turned to him, and said, "What am I to do?"—he said, "Go to Mr. Cox's house"—with that I left him, and hastened back to the office—when I arrived, Mr. Cox was there—I saw in Mr. Cox's room the ironwork of a chisel or screw-driver lying on a chair, within two feet of the cupboard—I believe this is the instrument, but I made no mark on it—I did not touch it; I let it remain there.
Cross-examined by MR. BALLANTINE. Q. This Pinner's-hall includes many offices? A. Yes; ours is No. 16—there are merchants and other persons in the other offices—I never knew the porter's lodge by any other name—I have seen a female there; I never saw any man—there is a nail with the number on it, on which we hang the key—there are thirty of forty offices—I cannot say that there is no one to keep watch—I have been there when there has been a female there; she is here—Mr. Cox would not take any persons but of good character.
ANN COLLINS . I am servant at Pinner's-hall; I clean the offices, and amongst the rest Mr. Cox's. I know the prisoner as Mr. Cox's clerk—I cleaned out his office on 4th Feb., after the clerks had left—I was in Mr. Jackson's room when the clock struck eight, and was in Mr. Cox's room shortly afterwards—I found the outside door of Mr. Cox's room open—I went in, and found wood on the floor near the cupboard-door—the door comes down to the floor—I removed the chips and put them in the fire-place; the cupboard-door was too or three inches open—I could not shut it till I had picked up the wood inside the door—I saw this chisel on the floor—I picked it up and put it on a chair—I saw the prisoner that evening, about half-past seven—he rang the bell—I answered the door, and let him in—he went up the stairs that he was in the habit of going up—I should think it was about half-past seven—I did not see him go away—the lodge is by the door that I open to let persons in—the prisoner did not go to the lodge at that time; he went directly up-stairs—no one else came in between half-past five and the time I let him in—the two doors are closed at five—it was
my duty that evening to answer the door—Mrs. Graves is my mistress—she lives in the house, and occasionally opens the doors—I saw the prisoner on the following morning, about a quarter before ten—I did not see him come in, but I saw him come down from Mr. Cox's room, and come to the lodge—I was out in the yard—he said he was going home very ill, and I was to tell the other clerk so—he did not say anything to me about Mr. Cox's door being broken open.
Cross-examined. Q. What took you up in the room that evening? A. To clean out the office—Mrs. Graves was down-stairs to open the door while I was up-stairs—her husband does open the door—he was at home that evening, at eight o'clock—I cannot tell what time he came in; I was up-stairs—he is a clerk in some office—I was in Mr. Jackson's room when I heard the clock strike seven, and I looked up to it, and about half-an-hour after that the prisoner came—I had had tea at four o'clock, and I went up immediately after tea to Mr. Jackson's—I cleaned several rooms before Mr. Jackson's—all the persons keep their keys in the lodge—when I and Mrs. Graves are out of the way, Mr. Graves opens the door—there is a charwoman there for scrubbing, named Hart—she was there scrubbing that day—I do not know what time she had done—she had tea with us—I left her downstairs when I went to do the room—the lodge is very seldom left without anybody in it.
MR. PARRY. Q. How long had you been servant there? A. Three months—it takes me nearly a quarter-of-an-hour to clean a room—while I am cleaning, if a ring comes to the bell I can hear it.
MARY ANN GRAVES . I am the wife of Edward Graves. I am housekeeper at Pinner's-hall—I heard of Mr. Cox having been robbed—Collins is my servant—it is sometimes her duty to open the door—my husband is assistant to a pawnbroker—I remember that I did not open the door on the evening of 4th Feb.—my husband came home about eight, or a little after—I did not see the prisoner come the next morning—Mrs. Hart was charring for me—I am certain she did not open the door that evening.
Cross-examined. Q. Did you see her all the evening. A. No—I know the did not open the door, because the other servant did—Hart was down to tea at four o'clock, and she was down afterwards to get water—we were at tea about an hour—I did not see the prisoner come back for his gloves—I suppose I was down-stairs—the bell rang several times—Mr. Street came—he has an office there—my servant let him in—I do not know exactly what time he came—I believe the bell rang other times—the servant was up-stairs, but she could come down—we do not occasionally leave the door open; if gentlemen leave it open, we are very particular in closing it—we have found that they have done so—we sometimes get rid of all the persons by eight or nine o'clock—it has been ten or eleven, but not very lately.
WILLIAM COX . I am a solicitor, residing at Pinner's-hall. The prisoner was my clerk—I was out of town on Monday, 4th Feb.—on the morning of the 5th, when I went to the office, I found one or two drawers open, or half open, and turned about—the cupboard door, in my private room, had been broken open, and a chisel was on a chair—I never had such a chisel—a piece of wood was inside the cupboard door, and the bolt of the lock was back—I was able to lock the door; and we lock it now by putting the piece of wood in its place—it is a piece of beading by the side of the door—if you lock the door again, you neither can get the bit of wood out, nor open the door at all—I tried to force the bolt of the lock back without a key, and could not—I expected a payment from Mr. Lines.
Cross-examined. Q. Did you have a character with this man? A. Yes—I think it was from a Mr. Penn—I did not go; my brother did—they gave him a character as a writing-clerk.
ROBERT CORNWELL . I am a commission-agent, and live in Rotherfield-street, Islington. I do business for Lines and Co.—I changed a check for them at the London and County Bank; I received five 10l. notes and five sovereigns.
EDWARD DUNCOMB LINES . I received from Mr. Cornwell five 10l.-notes, and five sovereigns—I paid them to Mr. Cox's clerk five or ten mintues before four o'clock—there was a young man there; I cannot say who.
GEORGE RUSSELL (City-policeman, 34). In consequence of information from Mr. Cox, I went with another officer to the prisoner's residence, 7, Ellis-square, Walworth, about one or two o'clock in the day—the prisoner came to the door—he occupies the ground-floor front room, and the back-room first-floor—I searched the house, and found this handle of a chisel—I had not this chisel with me; I had seen it at Mr. Cox's—I told the prisoner I was going to take this handle away—he said, "You will find the blade of it"—I said, "No, I have been looking, and cannot find it"—he said, "That belongs to my brother-in-law"—I had told him why I came there—next morning, in coming from the station to Guildhall, I told him his wife had given us the blade of a knife that belonged to the handle—he said, "Oh yes, I know that very well; it does belong to the handle; it is used for boots and shoes"—I have fitted the handle to this blade of a chisel; it fits exactly—the knife-blade does not fit it at all—I observed marks on Mr. Cox's cupboard—I should say they were not made in breaking open the door—there were marks of violence on the door-post—I tried the chisel to the indentation, and it fitted them.
Cross-examined. Q. Did you go to his brother-in-law? A. Yes, at 20, York-road; when the prisoner told me there was a blade to this handle, I did not go back to look again; I had thoroughly searched before—I had seen this knife-blade on my former search, but not a word was said to me about it—it was on the top of the drawers; I had broken open a box with it.
ROBERT SPITTLE (City-policeman,9). I was called by Mr. Cox, and went with Russell to the prisoner's lodging—he opened the door—I said, "I am a police-constable, I apprehend you for robbing your employer of 55l."—I said, "Be cautious what you say, it will be used against you; you must go before the Magistrate"—in answer to a question which I put to him why he was at his master's office after it was closed the night before, he said, "I shall answer no questions, but shall make those who are the cause of this proceeding pay dearly for it"—his wife came in shortly afterwards—I asked where she had been—she said, "To a surgeon"—the prisoner said, "I order you to answer no questions"—I saw the handle of the chisel found—he said his brother-in-law knew all about it—I found 1s. 6d. on him.
FREDERICK PEARSON . I am a clerk in the Bank. I have five 10l.-notes that were changed for gold on 5th Feb., about quarter before ten o'clock in the morning—the name of Thomas Fenn, 29, Ely-place, Holborn, is on the notes.
NOT GUILTY .
OLD COURT.— Thursday, March 7th,1850.
PRESENT—The Lord Chief Baron POLLOCK; Mr. Justice WIGHTMAM; Sir JOHN KEY, Bart., Ald.; Mr. Ald. GIBBS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the First Jury.
GUILTY . Aged 17.— Transported for Seven Years .
(There was another indictment against the prisoner for larceny).
Before Lord Chief Baron Pollock.
MR. METCALFE conducted the Prosecution.
BENJAMIN MATTIN . I am a labourer, and live at 4, Stevens-court, Lisson-Grove. On Sunday, 27th Jan., I was in Mr. Webb's room in my house, with Mr. Webb, Mr. Marshall, his wife, a young woman I live with named Whiting, and her mother—the prisoner came and knocked at the door, and asked for some one—he was told they were not at home—he went down and came back in five minutes with Ellen Burke, who lives with him—they broke open my room door—Burke caught hold of Whiting's hair, and dragged her about—I loosed her hands, and she flew to my hair, and dragged me about the floor—I got away into my room—the prisoner pitched into me as hard as he was able, and stood in the room swearing he would not go out—he was persuaded to go out—in half an hour they came back—Burke sat down by the fire, and said she meant to stop there for the night, and he stood there by the door swearing—he was persuaded to go away—in five minutes he came back—I called Roe to me—the prisoner up with his arm and cut me across the head with something—I recollect nothing else till I found myself at the Dispensary—the prisoner was intoxicated—we had not quarrelled—I had seen him two hours before.
JOHN ROE . I was at Mr. Webb's—the prisoner stopped in the room a good bit—I and three or four more persuaded him to go out—he came back with Burke in about half an hour—I said to him, "The best thing you can do is to go out"—he went, and returned in five minutes with a poker and struck Mattin on the head—I kept him, and gave him into custody.
Cross-examined by Mr. O'BRIEN. Q. Did not be ask for something the last time he came up? A. He said he missed something from his pocket—he went to the fire-place, looking down, and said he had found it.
ELIZABETH MARSHAL . My mother lives in this house. I heard the prisoner coming up-stairs the last time, saying he would have b—y revenge—he instantly went in, and I saw him strike the blow with a poker.
CHARLES COURT (policeman). I took the prisoner—he said, "The b—r is only wild because I have had a fight with him, and I hope I have killed the b—r"—at the station the inspector told him Mattin was in the Dispensary—he said he hoped the b—r would die there.
JURY. Q. What time was that? A. Ten o'clock, within five minutes after it happened.
long, going to the bone—it was a very bad wound—his health became very much impaired—I was obliged to bleed him—he was in danger at first.
GUILTY of an Assault only. Aged 20.— Confined Twelve Months .
Before Mr. Justice Wightman.
MR. O'BRIEN conducted the Prosecution.
ANN WEST . On Monday night, 18th Feb., about seven o'clock, I was on the Bloomfield-road, by the Regent's-canal—I saw the prisoner on the towing-path with a baby in her arms, and two children in her hands—she put the baby into the water, then the second child, then she went in herself, and dragged the other child with her—I cried out, and Boyle and another man came—one of them plunged into the canal, and brought out the prisoner insensible—he then brought out the eldest child, and then the baby—after some time the second child was found—I went with them to the doctor's—the prisoner was still insensible—on being placed at the fire she recovered—two of the children were removed to another doctor's—on going to the work-house with the prisoner, she said I was a foolish woman for giving the alarm, for she wished she and her dear babies were gone to heaven—I asked the reason—she said she led a wretched life with her husband.
Cross-examined by MR. PARRY. Q. The moment she returned to her senses did not she burst out crying? A. Yes, and asked for her children—she appeared very much hurt, and in great distress of mind—she said her husband beat her, and knocked her about terribly; that he beat her on Friday—she says she is twenty-six years old.
JOHN RAWLINGS . I am a painter. On Monday night, 18th Feb., I heard a cry; West ran to me, and I saw four persons floating in the middle of the water—I pulled off my coat and hat and jumped in instantly and rescued the prisoner—I brought her to the shore quite insensible—I handed her to the bank, and returned and brought out the eldest child, handed her to the people on the bank, returned, and found a baby—the water was ten or twelve feet deep—I was swimming all the time, and did not touch the bottom at all—I got out, and then heard that there was another child missing—I rushed into the water, and swam about some time, and at last some object struck my foot, and I rescued the third child, apparently dead.
WILLIAM WIGGINS , (police-inspector.) I saw the prisoner in the work-house—she said the ill-usage of her husband caused her to do it—I said, "Does he beat you?"—she said, "Very frequently"—I said, "What causes him to do it?"—she said, "Sometimes for not providing a dinner when I have no money to provide it with;" that he gave her 7s. a week to find food and keep house with, and kept 20s. to himself, and spent it on himself; that he frequently came home drunk at night, and pulled her out of bed and beat her; and she was afraid when he came into the house, for he told her he would be the death of her, and it should be a lingering death, she should be two months dying; and she thought he would poison her.
Cross-examined. Q. Did not she say she was always terrified when he came home? A. Yes; the children appeared very cleanly; they are all girls—people give her a very excellent character, and say she is very steady, sober, and anxious to support her family.
in a stupid kind of state, apparently unable to speak—the baby was quite insensible, and apparently in a very dangerous state—my efforts restored them.
Cross-examined. Q. Have you known her since her marriage? A. Yes; she has always been affectionate, kind, and very fond of her children—she had to struggle with a great deal of misery, owing to her husband—Ann was seven years old, and the second child five in May—she has suckled the baby since she has been in prison—she was very anxious to do so, and the authorities permitted it—(The prisoner's statement before the Magistrate was here read—"It was on account of my husband's ill-using me; I have been obliged to pledge the things to get food; I was in agitation of mind, and did not know what I was doing; I was insensible at the time.")
NOT GUILTY, on the ground of Temporary Insanity.
MR. BIRNIE conducted the Prosecution.
HENRY SEARING . I am a labouring man, and live at 5, Fox-buildings, Kent-street, Borough. On the night of 13th Feb., I went to visit my sister, and about three o'clock in the morning I was returning home walking gently along Bishopsgate-street with my hands in my pockets, when both the prisoners came and knocked me down—as soon as I was down, they kicked me in the side, and laid hold of me, saying to one another "Frisk him"—I cannot say whether they both struck me; I went down—I could not say which knocked me down—they took one shilling, two sixpences, and one farthing from my waistcoat pocket—they then walked gently away, and I got up and followed them till I came to a county policeman in Shoreditch, and gave them into custody—there were two more policemen, but I had not seen them—I had had a pint or two of beer previous to this, but when they knocked me down I was perfectly sober—as soon as I gave them in charge, one of them, I do not know which,dings away the money, and dropped some coin on the pavement—I saw the policeman pick up something—I did not see anybody throw the money away, I only heard the jink.
Cross-examined by MR. PAYNE. Q. Where does your sister live? A. Down Shoreditch; I had been in a coffee-shop in Norton Folgate, and had half-a-pint of coffee—I cannot say what time that was—I left my sister's about twenty minutes before three o'clock—I cannot say exactly the time I went; I should say it was a little after ten—I went out once, and was away about an hour—I dare say I was at my sister's about three hours without leaving—when I went out, I just went round Shoreditch, and down the Kingsland-road—I do not know what I did that for, only to look about the place—I had two or three pints of beer, some at one place, and some at another; I cannot say exactly—I had one pint in Shoreditch, and one over the water, about eight, when I left home—I do not know the name of the house; I was there about an hour, smoking—at my sister's there was her husband and three children—I did not drink there; I had a dry pipe—I had a wife at home; I ought to have thought of that—I do not think I was half-an-hour in the coffee-shop in Norton Folgate—I was not so drunk there, and quarrelling with the company, that the keeper of the shop was obliged to call in a constable, and have me turned out—I do not know whether they did order me out or not, but they were not obliged, for I walked out—I was knocked down just over against this coffee-shop—I cannot tell whether they
turned me out or not—I was attacked before I had been out of the shop five minutes—I was quite sober—they did not send for a constable to turn me out, and I did not go out when I saw the constable—I never saw one—the constable did not tell me I must go out, that the landlord did not want to have me there any longer—I do not recollect any such thing—I will not swear whether the constable did or did not speak to me—I cannot say exactly what time I was at the coffee-shop.
MR. BIRNIE. Q. While you were there, did you have any quarrel with anyone? A. No; I had no angry words with any human being—when I had had my coffee, I paid for it, and made my way towards home—no one asked me to leave the coffee-shop—I did not have any spirits.
MR. PAYNE. Q. Did you meet Douglasson, a City-police sergeant on that morning before this took place? A. Not s. I know of—I did not meet a constable and tell him I only had 2d. about me—I never met a policeman—I did not meet a policeman named Gardener, and tell him I would treat him with some coffee, only I had only 2d. about me—I did not go up to the prisoner Price, and ask him for some tobacco—I never spoke to him—I did not abuse him—he did not shove me away, nor did I, being drunk, fall down—I cannot say whether I had ever said they ran away—they were taken into custody going into a coffee-shop in Shoreditch.
MR. BIRNIE. Q. After the second pint of beer, did you take anything more till you went to your sister's? A. No; I had a cup of tea with them—I swear I did not drink any fermented liquor that night after nine till? was assaulted.
JAMES LITTLE (City-policeman, 645.) On 14th Feb., about half-past three o'clock in the morning, I was on duty in plain clothes in Bishopsgate-street, and saw the prosecutor going towards Union-street, Spitalfields, walking steadily—I saw the prisoners come from Union-street, meet the prosecutor at the corner of Catharine Wheel-yard, and knock him down—they were coming in the reverse direction of the prosecutor—it was all in a minute, I did not hear any words pass—I saw them leave him—they walked away quietly as if nothing had happened—the prosecutor followed them, and I did the same, and kept them in sight to the borders of the county—I did not join the prosecutor till he called the other officer, and then we all crossed the road together—I suppose he was about twenty or thirty yards from me when I was walking after them—the prosecutor was nearest to the prisoners, and I behind him—the prosecutor told the officer he gave them in charge for knocking him down and robbing him—the prisoners crossed over towards the Walthamstow Coffee-house, and were just on the door step when we stopped them—Bridges then threw away a piece of money against the side of a house, and it fell down at my feet—I picked it up, and it was a bad shilling, which I produce—I searched Price, and found on him two sixpences, 2 1/2d., and a duplicate—I was present when Bridges was searched, and saw a halfpenny, half a pennypiece which had been cut, and a medal stamped like a half-sovereign, found on him—I saw both prisoners strike Searing, and knock him down.
Cross-examined. Q. The place where he was knocked down was in the City? A. Yes—the prosecutor and the two prisoners passed me after the prosecutor was knocked down—I did not interfere with them—there was another constable with me—I know a policeman named Douglasson, he was on duty that morning—I know a policeman named Gardener, and Robert Stringer—I was before the Magistrate next day, when this case was called on—the prosecutor was not there, he came but he got the worse for liqour—I believe that was the 14th—I did not see him, but when the case was called
on he did not appear, and they said he had got the worse for liquor and gone away—the case was put off till next day—I believe an officer went for him next day, by the Magistrate's order; I did not see anything the matter with him on the night in question.
JOHN STAPLES (City-policeman, 646.) On 14th Feb. I was on duty in plain clothes, in Bishopsgate-street—I did not see the assault on the prosecutor I saw the prisoners come from the gateway where the prosecutor was, and I followed them towards Spital-square—the prosecutor came and followed alter them, but he gave no alarm—he followed them till he saw the county officer, and then told him he had been knocked down and robbed—I followed them in consequence of some information I received from Little—when they were taken into custody, I saw Bridges throw away some coin; it went against the front of a house, and fell down on the pavement at my brother officer's feet, and he picked it up—after we came from the station, a farthing was found on the spot where the assault was committed.
Cross-examined. Q. Who found it? A. The county man found it with his lantern, and I saw Little pick it up—that was at about a quarter past four o'clock in the morning.
JOHN PAINE (policeman, H 23.) At half-past three o'clock, on the morning of 14th Feb., I was on duty in Norton Folgate, and saw the prisoner—in consequence of information, I followed them to the door of a coffee-shop, and there took them into custody—as soon as I laid hold of Bridges by the arm, he threw away something, making a motion with his hand, and directly I heard something fall to the ground—after we had taken them to the station, we went back to where the man was assaulted, and there found a farthing—the prosecutor was not with us; Little pointed out the place—the prosecutor was sober, and ran as fast as I did after the prisoners—I should say he had been drinking something.
HENRY SEARING (re-examined.) This bad shilling is not what I lost—I went to the Justice-room in the morning with a friend, and we got a pint or two of beer going along, and I was not fit to give evidence—the next day the policeman came and fetched me—I had then only just got up—I do not know what time it was, I should say it was between nine and ten o'clock, by the look of the morning.
MR. PAYNE called
THOMAS BROCK . I keep a coffee-shop in Bishopsgate-street, within two or three doors of Norton Folgate—it is near the railway, and we keep it open all night—we have beds for the accommodation of those coming and going by the railway—I remember Searing coming to my shop on the morning of 14th feb., to the best of my recollection it must have been between two and three o'clock—he was much the worse for liquor—he remained about twenty minutes or half an hour—shortly after he came in, he got into conversation with two or three persons in the room, and became very abusive to them—he got up and no doubt would have fought them, but I went up and interfered, and prevented him—I persuaded him to go out, and in three or four minutes he came in again—he behaved the same as before—I sent for Stringer, the man on the beat, to assist me in taking him out, for he was so disorderly that I was afraid he would disturb my lodgers—Stringer came, and he got him out very discreetly by fair words.
Cross-examined by MR. BIRNIE. Q. Was Stringer in his uniform? A. Yes; there was one woman in the room—the conversation began on the prosecutor's part—he did not receive any provocation there—some persons came in, and I saw him address them before they took their seats.
JURY. Q. Do you think he was sufficiently sober to recollect the police-man being sent for? A. should say so; I threatened him two or three times that I would send for the police—I threatened to turn him out myself he defied me, and said I should not, and I said, "I will get some one that will."
ROBERT STRINGER (City-policeman, 634). I am on the beat where this coffee-shop is—on the morning of 14th Feb., I was called by Mr. Brock, and found the prosecutor there standing up, and there was a great noise—Mr. Brock said, "I have got a troublesome man here, I must get him out, for my lodgers are disturbed"—he was standing in a quarrelsome attitude, and apparently the worse for liquor—he said he would not come out for any one—I said, "You must not kick up a disturbance here, you will get into trouble"—Mr. Brock was shoving him out of the door, and after he came out, I patted him on the shoulder, and he said, "If he comes out, I will kick his heels up in a minute, and the other parties that are reading the newspaper too"—he went towards the City theatre; that is not towards the other side of the water—he did not want my help.
Cross-examined. Q. Did he go east or west? A. Towards the Eastern Counties Railway, northwards, and I left him speaking to two women—I saw him again, about half-an-bour after, going down to the station with two policemen in private clothes.
NOT GUILTY .
NEW COURT.—Thursday, March 7th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.;
and Mr. RECORDER.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged. 18.— Transported for Ten Years .
(The officer stated that the prisoner had not been out of prison more than a week when he committed this robbery.)
GUILTY . Aged 18.— Confined Seven Days .
SMITH pleaded GUILTY .
MR. CROWDER offered no evidence against
NIBLETT— NOT GUILTY .
GUILTY . Aged 22.— Confined Two Years .
ELIZABETH SMITH . I am the wife of David Smith, of Hackney. The prisoner was in my service—I went out with her on Saturday morning, 16th Feb.—she had complained of a pain in her shoulder, and I recommended her to a chemist's shop, kept by Mr. Kay—I sent her on there before me—I
changed a sovereign with Mr. Kay when I got there—Mr. Kay put down a half-sovereign and some silver on the glass-case—he put the half-sovereign down first—I took it in my left hand, and put it down again to count the silver—the prisoner stood by my side—she had some errands to do for me, and I gave her two sixpences—I then caught sight of a friend, and turned away in a contrary direction from where the half-sovereign was—I then went with her, and was going home—I went into another shop, and asked for change for a half-sovereign—I then missed it—that was an hour and a half afterwards—I went home—I thought the prisoner took it—the prisoner opened the door—I said, "Mary, I did not take up the half-sovereign at Mr. Kay's, I suppose you saw it"—she said no, she neither saw it nor heard of it, and there were many other persons in the shop who might have taken it—I went back about it to Mr. Kay—the prisoner went out in the evening, and returned about nine o'clock—I told her I had been to Mr. Kay's, and he and another gentleman had told me that she had got the half-sovereign, that a lady came in, and took my place in the shop, and she had discovered the half-sovereign, and pointed it out, and that she, the prisoner, had got it—she said she had a half-sovereign from a young woman who stood by her, who gave it her to change, then afterwards she said a young woman asked her to change a half-sovereign, and she said, "Why should I get change for your's, when I have one to change myself."
Cross-examined by MR. ROBINSON. Q. How long had the prisoner been in your service? A. It is not quite four weeks; she had once or twice said that she would leave, but three or four days prior to this she had arranged to stop three or four months—she was not going to leave shortly—I owed her wages from 21st Jan.—her wages were 8l. a year—her boxes are at my house now; the policeman left them there—I sold her a shawl, nothing else—she paid me 9s. for it—she did not buy any stockings of me—she asked me one day to do so—I wanted to stop the money for the shawl out of her wages, but she paid me—she is a very irritable person—there had not been words between us continually—she never but once said she would go—I only went to Mr. Kay's to get change to give her silver—I spoke to a lady, a friend of mine, in Mr. Kay's shop—there were several persons there.
JONATHAN KAY . I keep a chemist's shop, in Kingsland-road. I remember the prisoner coming to my shop, she complained of a rheumatic pain in her shoulders—I was preparing a liniment for her—Mrs. Smith came in—she first spoke to her servant, she then turned to me, and requested me to oblige her with change for a sovereign, which I gave her—to the best of my recollection, there was a half-sovereign—I generally lay the money on the glass case—the prisoner was standing at one end of the glass case—a lady came in, who pressed forward as soon as Mrs. Smith went away, and said, "Oblige me with change for a half-sovereign"—I did, and she said in the prisoner's presence, "There is a half-sovereign on the glass case"—that was in addition to the one she was giving to me—I took it up, and said, "Here is a half-sovereign, whose is this?" the prisoner said, "Oh! it is mine"—I cautioned her about taking care of it, gave it to her, and said, "Take care of it"—I had known her three or four years as servant to various customers of mine—she had had various situations; in one I know she lived a considerable time—when I had finished the preparation, she paid me the half-sovereign, I gave her 9s. 6d. change.
prisoner sent for me there—she had been in my service for ten or twelve months—she told me she was accused of taking a half-sovereign—she wished me to see Mrs. Smith, and tell her that sooner than be confined there another night she would pay her the half-sovereign, though she had never taken it.
HARRIET KEMP . I searched the prisoner—I found on her 12s. in silver and 1 1/2d. in copper—she said she changed a half-sovereign at Mr. Kay's, that she had it from a young man, and she had other silver at the time.
MR. ROBINSON to MRS. SMITH. Q. It was in the evening you went back to Mr. Kay's? A. Yes; I missed the half-sovereign in the morning—I did not go back sooner, because she told me soon after, that she should leave at night, and a fortnight before this I had missed a pair of studs from the mantel-piece, and I would not leave her in the house.
NOT GUILTY .
WILLIAM BROOKS . I live in King-street, Hammersmith, and am a poulterer. On 13th Feb. I was in the kitchen at the back of my shop—I heard the shop door open, and went into the shop—I saw Spence there, he asked for a halfpenny worth of butter—I looked in the window, and missed a duck—I told Spence to come outside with me—I went outside and shut the door—in two minutes I met a policeman, and spoke to him—Spence described the person who went out of my shop as a tall chap, with pearl buttons—we did not find any such person—in a minute or two the man at the beer-shop where the prisoner lodged, came and said he found the duck behind his door, which is about five doors from me—these are the wings of it—(produced).
JOHN BATES . I saw the prisoners at Mr. Lynch's beer-shop about half-past eight o'clock—they went out together, and in ten minutes or a quarter of an hour, Taylor came back with something under his jacket—he went in the yard, and came back again, and then Spence met him, and said, "It is all right now, I told the man it was a big chap, gone down the town; we had better go to bed"—he went up stairs, Mr. Lynch went in the yard and found the duck.
WILLIAM LYNCH . I keep the beer-shop. On Wednesday evening, 13th Feb., the prisoners were at my house; Spence left his fiddle in the tap-room, and went out—he had not been gone above five or six minutes, when he came in and asked for a candle to go to bed—Mr. Brooks came in, and I found the duck behind the skittle ground door.
Taylor's Defence. I was in the house; a boy chucked something at me; I said, "What is this?" I looked out, the boy was gone; I did not know what it was, I thought it might be a dead dog; I did not carry it under my coat, I took it under my arm, and chucked it in the skittle-ground.
ROBERT GIFFORD (policeman, H 89). I produce a certificate of Spence's former conviction—(read—Convicted, Sept, 1848; having been before convicted, and confined one year)—he is the person—this is the fourth time he has been tried and convicted before a jury.
Spence. No, it is only the third time; I was in the House of Correction, and lost my leg.
TAYLOR— GUILTY . Aged 14.
SPENCE— GUILTY . Aged 15.
Confined One Month .
THIRD COURT.—Thursday, March 7th, 1850.
PRESENT—Sir JAMES DUKE, Bart. Ald.; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Seventh Jury
GUILTY . Aged 38.— Confined Six Months .
GUILTY . Aged 20.— Confined Twelve Months .
GUILTY . Aged 21.— Confined Twelve Months .
GUILTY . Aged 52.— Confined Twelve Months .
WHEELER pleaded— GUILTY . Aged 21.
SMITH pleaded— GUILTY . Aged 24.
Confined Two Months .
GUILTY . Aged 47.— Confined Two Months .
(The prisoner received a good character).
GUILTY . Aged 25.— Confined Three Months .
587. SARAH DAINTREE , stealing two chairs, 1fender, 2 boxes, 1 drawer, 2 decanters, 18 pictures and frames, and other articles, value 5l. 5s. 6d.; the goods of James Reynolds; also 1 hearth-rug, 1 candlestick, and other articles, 1l. 1s. 6d.; of Alfred Mills (in Surrey); also 1 lookingglass, 1 tea-pot, and other articles, 12s.; of William John Chapman (in Surrey): to all of which she pleaded
GUILTY . Aged 36.— Confined Twelve Months .
JAMES COOPER . I live in Marylebone-lane. On Saturday evening, 9th Feb., I was employed by Mr. Fenn to watch his window—a little after nine o'clock the prisoner came and took a leg of pork from the stall-board outside—he went into the middle of the road, as if he was going to cross, and then turned back to the corner of Marylebone-lane to a woman at a green-stall, and he put the leg of pork behind her stall—he was there about two minutes—the woman then gave him a cloth—he picked up the pork again, put it in
it, and laid it down by her side again—I then went to Mr. Fenn and told him—we went to the woman's stall and I picked up the pork—Mr. Fenn went after the prisoner, and I saw him catch him.
WILLIAM FENN . I am a cheesemonger, in High-street, Marylebone; I employed Cooper to watch my window. On Saturday night, about nine o'clock, I had a leg of pork at my stall—in consequence of what he told me I went out to a woman who keeps a green-stall, and there found this leg of pork—I afterwards caught the prisoner—this is the same leg of pork (produced)—I had marked it.
GUILTY . Aged 24.— Confined Twelve Months .
DOWSE pleaded GUILTY . Aged 17.— Confined Four Months .
Cross-examined by MR. ROBINSON. Q. Where did you get your name William from? A. I always had it—I am always called James first, never William—(The witness's deposition was signed "James Dowse").
MARY ANN DOWSE . The last witness is my son—his name is "James William." On Wednesday night, 13th Jan., I went to bed about half-past seven or from that to eight o'clock—my son's watch was then safe on the mantel-piece—I missed it next morning at about ten.
JOHN POLLARD (policeman, D 125) I took Martin into custody within 100 yards of her mother's house—she was pointed out by her brother—he said, "You take this girl into custody for pawning a stolen watch"—I took her to the station, and she said, "I pawned it for a sovereign, and gave Dowse 19s., 6d., and 4d.
Cross-examined. Q. She told you she had no idea it was stolen? A. Yes—a little girl said she was present at the time Dowse gave her the watch—the prisoner said, in her brother's presence, that she went to the prosecutor as soon as she knew the watch was stolen.
THOMAS COOMBS . I am in the service of Mr. Fish, a pawnbroker, at St. Alban's-place, Edgeware-road—I took this watch in of Jane Martin—I had seen her before and served her before—I asked whose watch it was—she said her mother's, and she sent her to pledge it.
Cross-examined. Q. Had she been in the habit of pawning things for her mother? A. Yes—I knew her name was Martin.
(MARTIN received a good character.)
NOT GUILTY .
GUILTY . Aged 17.— Confined Four Months .
SARAH DAY . I am a widow, and live at Grover-street—the prisoner Day is my son. Last Saturday week I went out at nine o'clock in the morning, and left some printed cotton in a box, which was not locked—I left my daughter at home—I returned at eleven at night, and the cotton was gone—my son had slept at home the night before, and I did not see him again till he was in custody—this is the cotton (produced).
HENRY HEBARD (policeman, E 60). I took Day into custody—he afterwards took me to 18, Brunswick-road, where I found Kidner, and Day said in his presence that he (Kidner) had pledged the cotton—Kidner said he did—Day then said the money was shared between them—Kidner said nothing to that, and I took them to the station.
WILLIAM TRINDALL . I am a pawnbroker, at 112, Grover-street. I took this cotton in pawn, of Kidner—I asked him whose it was—he said, "Mrs. Parrock's," and he gave his name, "John Parrock"—he had pledged goods in that name before.
Kidner's Defence. Day said he brought it to pledge for his mother, and they would not take it of him; I got 1s. 6d., and gave it to him, and the ticket.
KIDNER— GUILTY . Aged 19.— Confined Four Months .
JOHN HURSTWAITE LEETE . I live in Sloane-street. The prisoner was in my service, and was discharged on 10th Feb.—immediately she was gone I missed a silver teaspoon—this is it (produced)—it is mine—after she was in custody, I saw a clothes-brush, which is my property, found in her box.
Cross-examined by MR. COOPER. Q. How long did she live with you? A. Since last Sept.—she left for concealing a female in a cupboard—I swear the brush is mine, having seen it every morning for twelve months—there was a great deal of more valuable property about the house than this spoon—it is worth 2s. or 3s.
Cross-examined. Q. Had you ever seen her before? A. Frequently—she gave the name of Williams—it is a common plan for parties pawning to give a false name—my master's is not more than fifty doors from the prosecutor's—I lent 2s. on the spoon—we buy things of that kind if offered for sale.
GUILTY. Aged 21.—Recommended to mercy. — Confined Four Months .
(There was another indictment against the prisoner.)
GUILTY .— Confined Six Days .
THOMAS SAVOY (policeman, D 58). On 18th Feb., about ten o'clock at night, I was on duty in Crawford-street, and met the prisoners, with this ladder (produced), one at each end of it—I followed them, and said to
Hatchet, "Where are you going to take that?"—he made no answer—I asked him again, and he looked up; as if he had not heard me—Baker turned round, and said, "I am going to take it home"—I said, "Where is your home?"—he said, "Down here"—I said, "Where did you get it?" I understood him to say, from a building in John-street, Edgware-road; and afterwards, from a builder, named Parker, in John-street, Edgware-road—I took them to the station.
Cross-examined by MR. PARRY. Q. Did Baker appear at all intoxicated? A. Not to my knowledge—I found a Mr. Parker, who is a clerk, not a builder—he is not here.
SIMEON CARY . I am a cheesemonger, of Crawford-street. I had a ladder safe on the pavement at half-past nine o'clock in the evening—I missed it at half-past ten—I found it at the station, and the prisoners—I know Hatchet, but never saw Baker—I could not positively swear to it then by the gaslight, but I did by daylight—I have had it nine months.
Cross-examined by MR. HORRY. Q. How do you know it? A. I never saw one like it before, and I used it weekly—it has square steps.
(Baker received a good character.)
HATCHET— GUILTY . Aged 28.— Confined Two Months .
BAKER— GUILTY. Aged 37.—Recommended to mercy. — Confined Fourteen
THOMAS BROOKER , I live at 25, Queen's-road, Chelsea. On the afternoon of 28th Feb. I went to a watering-place in Exeter-street, Lisson-grove—I heard some one say it was his turn next—I turned, and saw the prisoner standing about a yard from me—I came out, went up the road a little way, and then found my handkerchief was gone—I had seen it safe just before I went to the watering-place.
Prisoner. Q. Did you see any one besides me? A. No.
WILLIAM TARRAN . I live in Exeter-street, and am a stone-mason. I was looking out of my window, and saw Brooker go into the watering-place—the prisoner came out of the public-house, and went as if going into the watering-place—he saw some one there, turned back, and stopped on the footpath—I saw Mr. Brooker come out, and, as he passed the prisoner, the prisoner lifted up his coat tail, took out his handkerchief, turned round, put it up his own coat, which was buttoned, and then went towards Devonshire-street,
Prisoner. Q. Did you call out? A. Yes; you came back to the public-house in about an hour and a half.
JURY. Q. Are you positive he is the boy? A. Yes; I was at the second-floor window—I could not come down, as I had no shoes on, and a baby in my arms.
Prisoner's Defence. I heard some one was charged with stealing a hand-kerchief; I went to the William the Fourth, and was charged with it.
PHILIP STEVENS (policeman, S 3). I produce a certificate—(read—Michael O'Donnelly convicted Sept., 1846, and confined three months)—I was present at the trial—the prisoner is that person, I am quite certain.
GUILTY .†** Aged 18.— Transported for Seven Years .
HENRY SIMMONS . I keep a shoemaker's shop. On the evening of Saturday the 18th, I got some information from a boy at the door, in consequence of which I missed a pair of shoes—I heard "Stop thief!" cried, and I followed in the crowd—I saw a young man stop the prisoner before I came up to him—these are the shoes (produced)—they were safe on a shelf a quarter or half-an-hour before—I picked up one of them as I was running after the prisoner.
JOHN REA . I saw the prisoner running, and heard a cry—he hove one shoe at ray hat—I ran after him—he hove the other; it hit me on the thigh, and fell on the ground—he ran on, stumbled, and fell, and I caught him—some of his companions tried to rescue him—he bit my hand, and I hit him in the face.
WILLIAM PARAMORE (policeman, K 51). I heard a cry of "Stop thief!" and found the prisoner in Rea's custody—one of these shoes (produced) was given me by Simmons, and the other was brought to the station-house—on the way to the station, the prisoner said the shoes were given him by another man.
Prisoner's Defence. I kicked against them, and picked them up, and before I got six yards a man caught hold of me, and said I was a prisoner.
GUILTY . Aged 20.— Confined Twelve Months .
MR. PLATT conducted the Prosecution.
FINLAY AUGUSTUS WENTWORTH . I am assistant to Messrs. Stow and Company, outfitters, of the Minories. On Saturday afternoon, 9th Feb., between three and four o'clock, the prisoner and another man came to the shop, and the prisoner asked me to show him a coat—I showed him one—he asked the price—I told him 16s. 6d.—he objected to give so much, and he said he would give 15s.—I saw him with a paper—he did not exactly show it me; I could not quite see what it was—he returned it to his pocket before he concluded the purchase—he said his friend recommended him to us, he was a dealer, and knew all about these sort of things—they went out of the shop, and appeared to talk together, and then came back, and the prisoner asked whether I could take the money he had offered—I said, "No," and then he said he would give the 16s. 6d.—he took a pocket-book from his pocket, took this paper out, and handed it to me (produced)—I told him I did not know much about country bank-notes, and I did not like changing it—he said it was perfectly good, as good as gold; it was an Irish note, and he knew several houses where he could get it changed—I noticed the date "1848" was in fresh ink, as if it had been recently altered—I examined it again, and he again said it was as good as gold—I had some suspicion, and said I had no change, and must go out for it—the other man offered to accompany me, and I said he had better stop—I said I knew a gentleman over the way who would no doubt change it, Mr. Montague, and the prisoner said, "Ah, old Montague will give it you"—I went out, and found there was no such bank as Castlecary in the directory—I returned in about twenty minutes, and as I came, I met Roots, and he came back with me—both the persons were still in the shop, and the prisoner asked if I had got the note changed—I said, "No"—he said, "Do
you mean to say it is a bad note?"—I said, "Yes, you must have known that before you came here"—he said, "Do you mean to say there is no such bank in existence?"—I said, "Yes"—Roots and Lovell were both there then, and I gave the note to Roots to look at—the prisoner then said, "Just allow me to look at it, I wont keep it a moment"—he took hold of one end of it, saying it was as good as gold, and as he was taking it it tore, and he rolled up the pieces in his hand—at this moment the other man slipped out—Roots said, "Give it to me"—he said, "Don't think I am a child, I am only having a lark with you," and he put the pieces into his mouth—Roots instantly seized him by the throat, and he spat out two pieces of paper.
Prisoner. Q. How long was I outside? A. Two minutes; I went to two or three places to get change—I looked in a directory at Venables Brothers, in Whitechapel, to see whether there was such a bank—I did not ask anybody if it was bad—I saw there was no Castlecary Branch Bank in the directory.
JAMES SAMUEL ROOTS (City-policeman, 577). On Saturday, 9th Feb, I was called into Messrs. Stow's shop, and the last witness gave me this paper—it was then perfect—while I was looking at it, the prisoner said, "Let me look at it, it is my note, and it is as good as gold"—I said, "Where did you get it?"—he said, "I sold a man 4lbs. of cigars, and took this note in payment"—he said again, "Let me look at it," caught hold of this part, (the date), and it tore, and he put the pieces into his mouth—I seized him by the throat, made him turn it out, and it was these two pieces (produced)—he said, "Do you think I am a child, it is done now, the note is good"—I had noticed the date, it was 1848, and appeared to be in fresh ink—I noticed the name of Pryce on it—I afterwards took him into custody.
Prisoner. Q. Were you not reading the note? A. Yes; I might have said I never saw a note before "Please to pay the bearer 5l."—I never saw a note headed like that.
HENRY LOVELL (City-policeman,585). I went with Roots to Messrs. Stow's shop—I saw Wentworth hand Roots the note, and while he was looking at it, the prisoner said, "Let me look at it, it is my property," and in taking the note from Roots, a struggle ensued, and he tore a piece off the note and put it into his mouth—Roots seized him by the throat, and made him put it out—the prisoner then said, "Do you think I am a child, I am only having a lark"—he was taken into custody, searched, and nothing found on him but a pocket-book—he then said he took the note of a man who kept the Gun, in Spitalfields, who told him it was as good as the bank—I made inquiries at the Provincial Bank of Ireland, in Broad-street—I went to Alfred-place, Bedford-square, which address is on the note—no such persons as Pryce and Company, bankers, of Castlecary, lived there; I could not hear of any such persons—I made inquiry elsewhere in the neighbourhood, and could not hear of any such firm.
Prisoner. Q. Did you go to the place the note is made payable at? A. Yes; there was no bank there—I cannot say whether there is any bank at Castle Cary—I did not write there.
COURT. Q. Where did you go in Alfred-place? A. To Mr. Baker's, who keeps the post-office—I inquired there for Pryce and Company, and they said they never knew such persons in the neighbourhood—I did not inquire for any person of the name of Pryor—(The note being soiled and folded, the word Pryce appeared very much like Pryor.)
there, or in the neighbourhood, of Pryce or Pryor—I can tell you the name of every house-keeper—there is a Mr. Price in Alfred-street, a tailor.
FRANCIS HODGSON . I am a clerk in the Provincial Bank of Ireland, in Old Broad-street. I am acquainted with the banks of Ireland; I have been there myself—there is no such bank in existence as the Exeter, Somerset, Bath, and Ireland Bank—I am certain if there had been such, it would have come to my knowledge.
Prisoner's Defence. I took the note of a countryman I dealt with in the morning; I went to a house at the side of the Gun, and asked if the note was genuine; Mr. Antley said it was good; it was an Irish note, and said, "Take it by all means;" I was in the prosecutor's shop twenty minutes; if I had wanted, I could have gone away; I said I would take the note back where I got it, and they would not let me; it was torn by them and rolled up as it is now; I have subpoenaed Mr. Antley to prove it (note read—"Exeter, Somerset, Bath, and Ireland Bank, No. 249. I promise to pay the bearer on demand the sum of five pounds, at Messrs. Pryce and Co's., bankers, Alfred-place, Bedford-square, value (torn). Castlecary, 14th day of (torn). For Sir Edward O'Brien, Son, and Sercombe (signature illegible)—(The two pieces produced by Roots were illegible.")
GUILTY . Aged 35.— Confined Twelve Months .
WILLIAM HENRY MYERS . I am a printer, the prisoner was in my service. On 21st Feb., I watched him from the passage through a hole in the wainscot—about ten minutes past five o'clock I saw him turn down the gas and go to the till, which was locked at four—he put his hand in the till, then in his pocket, pushed the till in, pressed on the counter, and walked away, he then came back, and pressed on the counter again—I called a policeman, then went inside, opened the till, and found a shilling short of the money that had been there at four—I had marked the shilling—I gave the prisoner into custody, and the shilling was found on him in my presence.
Cross-examined by MR. PAYNE. Q. You were peeping through a hole? A. Yes; there was sufficient daylight to see—he had been in my employment about two years and a-half—I employed him to take money to the Stamp-office—about three months before I had offered his father to take him as an apprentice, without a premium, and give him 5s. a week—he sometimes collected debts—I did not strike him, nor did his father write me a letter about it—his father did not tell me that as I did not know how to manage him, he would not have him apprenticed to me—it was seven months ago—his hours were from six in the morning, till eight at night—he was sometimes kept at work one day in the week, sixteen or seventeen hours.
THOMAS COBLEY (policeman, K 65). I was called, and asked the prisoner what money he had; after some hesitation he said, "A shilling"—I asked him where he got it—he said he found it in Cheapside that morning—I searched him, and found a shilling, a horse-shoe, and a knife on him—I took him to the station—I examined the till, and saw a number of marks, apparently made by the point of a knife—I tried the knife I found on him, and it would not open the till—I then saw a mark as if it had been made by the point of a horse-shoe—I applied the horse-shoe, and it lifted up the top of the till, and enabled you to draw out the till without unlocking it.
Cross-examined. Q. What did the horse-shoe rest upon? A. A piece of wood between the counter and the till, into which the bolt of the lock went—
when the counter was lifted, it lifted the piece of wood as well—I do not know whether there is a notion, that finding a horse-shoe is lucky.
GUILTY. Aged 17.—Recommended to mercy by the Jury, and Prosecutor.
— Confined Two Months .
NOT GUILTY .
OLD COURT.—Friday, March 8th,1850.
PRESENT—The Lord Chief Baron POLLOCK; Mr. Justice CRESSWELL; Mr.
Ald. GIBBS; Mr. Ald. SALOMONS; and EDWARD BULLOCK, Esq.
Before Lord Chief Baron Pollock and the First Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
SAMUEL KETHERIDGE . I am a labourer, living at Cold bath-lane, Hackney—the deceased, James Merritt, was a fellow-workman of mine for a fortnight before his death—he was a turncock to the East London Water-works Company. On Wednesday, 23rd Jan., I parted with him in the street at a quarter-past nine o'clock at night—he was then in his usual health, excepting a slight cold—he had been at his work that day—next morning, Thursday, the 24th, I called on him at his own house about eight—I saw the prisoner—she told me her husband was sick in the yard—he came into the room in a minute or two—he said, in the prisoner's presence, that he had been eating a bason of broth, and had taken a cup of hot tea upon that, and he expected it had turned on his stomach, and made him sick—the prisoner could hear that, but said nothing—I then left the house with Merritt to go to work, about a mile off—when we got to Clapton-square, half a mile from Merritt's house, he said he felt very thirsty—we went into a public-house, and he had two-pennyworth of rum and a little warm water and sugar—we then went to work separate ways—I saw him next in Clapton-square, about ten that morning, and left him there—there was nothing the matter with him then that I observed—I went to his house about a quarter after eleven—he had asked me at ten o'clock to come there—I saw the prisoner—the deceased was eating some gruel out of a bason—he did not eat it all, but handed the bason, with some in it, to the prisoner—she took it from him, and said she would keep it hot on the hob for him—he said, "I don't care what you do with it"—directly afterwards we left the house together, and at twelve o'clock he left me—I saw him again from one to a quarter-past—he told me he felt very sick and very queer, and he should not be able to do his work, and wished me to do it for him—he then left me to go towards home—between five and six in the evening I went to his house, to leave his tools—the prisoner let me in, and told me to go up-stairs to Jim, as he was very ill, and wanted to see me—I went up, and she followed me—he was in bed, and said he was very sick in his stomach, and had cramp in his feet—he said, "I don't wonder at it; the work we have had to do, and the weather we have had, it is enough to kill a horse"—the prisoner was standing at his bed-side—she said nothing—that was the last time I saw him alive.
THOMAS DENMAN . I am a plumber, living at Clapton-road—I knew the deceased. On Thursday morning, 24th Jan., at twenty minutes past twelve, I saw him near the reservoir at Stamford-hill—he was sick and vomiting, and complained to me—he went to a public-house, and drank a small glass of brandy—he walked down with me, and I left him—that was all I saw of him.
JAMES ASHBY . I live at Homerton. I was a turnkcock of the East London Waterworks in Jan. last—I knew James Merritt—I went to his house, in Pear-tree Place, Clapton, on Thursday, 24th Jan., about twenty minutes to eleven o'clock—I saw the prisoner—I asked where her husband was—she said he was in the back-yard, and she would call him—she did so—he came out of the back-yard—he looked very queer, as if suffering from a severe bilious attack—he told me he felt very queer—there was some hot beef and potatoes cooked on the table, and by their invitation I partook of it—I think it was the prisoner asked me—the deceased said he could not eat it—I sat down by the table, and did eat it, with my back to the door—he could not eat the lunch prepared for him, and preferred a bason of gruel—he did not ask for it, Mrs. Merritt said he might prefer it—I sat down to eat, and did not notice what was going on, but I don't think Mrs. Merritt went out of the room—I next saw her doing something at the table, as if she was mixing up the bason of gruel—I cannot say what she had in her hand—I saw a bason on the table, but what she was doing particularly I did not notice; I cannot account for what it was; I was rather short of time, and wished to get away—in the act of coming away, I saw Mrs. Merritt pouring out something into a bason, which I supposed to be gruel by the look of it—I did not see what was done with it—the deceased took none of it then—Merritt and me were both together, coming out of doors—at the end of Pear-tree Place I left him, and came back to my work, and 1 saw no more of him alive—I did not so much as look back after him.
Cross-examined by MR. CLARKSON. Q. Recollect yourself, and tell me whether the prisoner's husband did not say be should like to have some gruel, while the hot beef and potatoes were on the table? A. I think I must recollect that; he did say that—I do not recollect whether the prisoner left the room or not, at the same time; recollecting myself, I think she did go out of the house, because there is only one room to the house—she was not more than a minute away from me—I cannot say whether she returned with the oatmeal in a bason—my memory has not failed me since I was before the Magistrate—what she made was at the request of the husband—I will not be positive whether there is a cupboard in the room, there seldom is a room without one—I recollect that she went out of the room, or the house—she returned in a minute, and brought a bason, with what I thought was some oatmeal—she mixed it in my presence, as I sat at the corner of the table eating the beef and potatoes—he walked away with me, without touching it, to the corner of Pear-tree Place, and I do not know what became of him.
COURT. Q. You said at first that she was doing something at the table as if she was mixing up gruel, you say now she took oatmeal; should you know it to be oatmeal if you had not heard gruel mentioned? A. No; it was something representing oatmeal.
MARY GILLETT . I lived with my husband next door to the prisoner and the decased—I knew him. on Thursday morning, 24th Jan., at half-past eight o'clock, the prisoner called me to her, and told me Merritt was very sick, and had got the bile—I said it served him right, he should not drink so, and Went back to my house—there are three rooms to their house, and a wash-house—the door from the street opens into the sitting-room, the bed-room is over that—there are two rooms up-stairs—there is a cupboard in the front room—between ten and eleven o'clock I saw the deceased coming through the gate to his house—he seemed to be ill—he went into his house, and I lost sight of him—I passed by the house about half-past one—the door was open—I did not go in, only to the door—the prisoner was in the room, emptying some thick gruel out of a saucepan into a bason, and pouring some water to if—I asked
her what she was doing—she said, "I am thinning this gruel for Merritt to drink, he is so very thirsty"—the gruel was made of oatmeal, one of my little boys fetched it from the corn-chandler's, at her request, between ten and eleven in the morning, shortly after Merritt came home ill—I saw no more of either of them till ten minutes past nine at night when Mrs. Merritt came for me, I was in bed—I got up and dressed myself—I went with my husband and the prisoner into the deceased's bed-room, and found him in bed retching violently—he complained of a burning pain in his chest, and a violent pain in his stomach—I gave him water half a dozen times or more—he asked my husband to fetch Mr. Toulmin—he left for that purpose, and shortly afterwards Mr. Frederick and Mr. Francis Toulmin came—the prisoner had come to me window at five, and said she was going to ask Mr. Toulmin to send Merritt something for the bile, but Merritt did not wish to see him—she went away, and shortly after returned, and said Mr. Toulmin was not at home, he had gone to dine at the Manor-house—she then went into her house—she came twice to me in the evening; the first time was between six and seven—I asked her how Merritt was—she said he was very bad—I said, "Have you not had any one to him?"—she said, "No, I will wait a little longer, as Merritt does not wish to have a medical man"—one of the children came to say that the father was sick, and wished to get out of bed, and she left—at half-past eight she came again—I was not in bed then—she said, "If I should want you during the night, Mrs. Gillett, will you come to me?"—I said, "Is Merritt so bad, and have you not had any medical gentleman to him?"—she said, "I have sent for Mr. Brooks, and he is out; I sent for Mr. Welch, and he refused to come, but sent two pills, which I gave to Merritt"—she said "I sent Jemmy (meaning her little boy) to Mr. Toulmin, and they wanted to send the child with a note to the Manor-house, but the child said he did not know where it was, and came back again"—I went to bed, and she went home, and at half-past nine she came and called me up, and I went and remained at the house till half-past twelve, when he died—I and the prisoner were present when he died, no one else—she remained there about half-an-hour after he died—she said, "How true Mr. Toulmin's words are! they always come to pass; because he always told me, if anything came to pass, he would go off like the snuff of a candle"—she went to the downstairs front-room—there is no bed there—she sat up the whole of the night—there was a fire in that room all night—I sat up there too—about eight in the morning Mr. Urrey was sent for—I do not know who sent for him; a person said it was me; I was ill that morning; I do not recollect doing it—two women, named Geary and Patten, were with the prisoner besides me—Mr. Urrey soon came—there was a conversation between him and the prisoner—I do not know what passed—they were in the front room—Mr. Toulmin was present—nothing was said about the Society that I heard—he had a conversation with the prisoner and left—I remember a few days before, being at Mrs. Merritt's, it was on the 22nd; a person named Bartholomew had died on the 20th, and I said what a pity it was that Mrs. Bartholomew was left with such a family, and so near her confinement, and only to receive 7l. 10s.—the prisoner said, "If anything should happen to Merritt, I shall be entitled to the full benefit"—I was at the prisoner's house the day the surgeons opened the body—Mr. Toulmin was there—after it was opened, the prisoner asked me if I had asked Mr. Toulmin the cause of death—I said, "From what has passed between Mr. Hacon and Mr. Toulmin, there is not the least doubt that he has been poisoned"—she clasped her hands together, and said, "Do you think I am guilty, Mrs. Gillett?"—I said, "I don't doubt you"—the walked about the room in a very agitated manner, and seemed to be
suffering a great deal in her mind—on the morning of the 28th, before the lnquest sat the first time, I went in to Mrs. Merritt's, and she said, "You know, Mrs. Gillett, that Annie and me (meaning her little girl) ate the remains of the gruel"—I said, "Don't say so, Mrs. Merritt, for I never saw any of you eat it"—she then said, "If you did not, Ashby did, and he can clear me; and Ashby ought to be the first witness before the Jury"—she said Ashby and Andrews (the summoning-officer) had mixed it up between them, and that Ashby was not wanted; that he ought to have been the first witness—that conversation took place on different occasions—what she said about Ashby being the first witness, was before the Inquest; it was between eleven and twelve, and the Inquest sat at 12—on the 31st, after the Inquest was adjourned, she came to my house, and asked me if I had heard that poison was found in Merritt's stomach—I said I had—she said, "I am innocent; he was a dear, good husband, and it was not likely I should do such a thing"—she then said, "Dear creature! if that is the case, he has done it by his own hand"—I said it was not very likely, as he had purchased a new pair of boots the night previous to his death—during the conversation Andrews came, and Mrs. Merritt said, "Mr. Andrews, Mrs. Gillett knows I ate the remains of the gruel"—I said, "I saw none of you eat it"—that was all that passed—I was there on Wednesday evening, 30th Jan., when she said, "Do you think, if I had any hand in his death, I should not have let him live until after the day when I should have received the full benefit?"
Cross-examined. Q. How many times have you been examined? A. Four times, at Worship-street, as near as I can recollect—I have repeated several times that she asked if there had been poison found in his stomach, and that I said there had, and I am almost sure I did at Worship-street; I have also said she said, "If so, it must have been by his own hand"—I said so at the Inquest—it was after the body had been opened, on the 28th, in the afternoon, that she put her hands together, and said, "Mrs. Gillett, do you think I am guilty?"—my answer was, "I do not doubt you," or, "I don't doubt you for a moment;" I am not certain to the very exact words—I did not think for a moment that it was Mrs. Merritt—that was my mode of expressing it—she told me on the Monday before she had sent to Mr. Welch, and he would not come; not that she said he refused to come on the Monday, but that he refused to come—these conversations ran over various times from the 22nd to the 31st—they were not connected with each other at all; and as far as the Benefit or Burial Society is concerned, I was the first person that referred to it, speaking of ray regret about Mrs. Bartholomew—I said it served her husband right, for drinking so—he had been drinking during the last five or six weeks—I never knew him drunk until that time—I have known the prisoner twelve months exactly—she has had five children—she buried two in the summer—she always appeared to be a kind, affectionate mother, and always paid attention to her husband, as far as I am aware of.
Q. During the sickness, did it lead you to the conclusion that she was anxious and distressed at the state he was in? A. I did not notice it particularly—she was fretting at the time, but it is a thing not at all unusual to see her fret, for she was constantly crying—I have heard Merritt quarrel with her on account of the difficulties she had plunged him into—that was a few days before his death—they quarreled on Monday, the 21st—that was during the six weeks he had been drinking.
FRANCIS TOULMIN . I am a surgeon, residing at Clapton. I was acquainted with the deceased several years prior to his death—I was in the habit, of seeing him occasionally, and on one occasion professionally—between half-past ten and eleven o'clock, on Thursday night, 24th Jan., I was sent for to
go to his house—I was dining at the Manor-rooms, at Hackney—I went at once—I found him in bed—he complained greatly of pain in his stomach and cramps in his legs—he was sick; his pulse was very low, and his skin below the natural temperature—those were the leading symptoms—I went home, and sent him some medicine, some pills containing calomel and opium—I called again on Friday morning, the 25th, and saw him dead—I saw the prisoner, and said his death had been somewhat unusual, and it would be satisfactory to have a post-mortem examination—her answer was, that of herself she had no objection, but she had promised her husband that such an examination should not take place, as he had a great objection to it—I said, "Under such circumstances I shall not press it"—an Inquest was held on Monday morning, 28th Jan., at twelve o'clock—I was present, and was desired to make a post-mortem examination—I did so that day, assisted by my partner, Mr. Hacon—I commenced it as early as possible, about a quarter to two—Mr. Welch, a surgeon in the neighbourhood, was also present—the head was first examined, and the contents of the cranium found to be healthy, with the exception of some slight turgescence of the vessels—I opened the abdomen, and removed the stomach whole, with its contents, consisting of a thickish matter, slightly pink, which were poured into a glass stoppered bottle—I laid open the stomach itself, and examined it coats, upon which I found red spots, such as are observed in persons who have died of an irritant poison—I placed the stomach and intestines, and a portion of the liver, in an earthen jar, which I covered over and sealed—I then took the earthen jar and bottle, with their contents, to the London Hospital, and delivered them to Mr. Long, the assistant to Dr. Letheby, he not being there—I found nothing to account for death but what I have mentioned—the external symptoms, the sickness, and so on, which I observed on the 24th, were such as would be accounted for by the presence of an irritant poison—I have no recollection of any conversation with the prisoner on the subject of the probability of her husband's sudden death—I never saw any symptoms which would lead me to suppose he would be suddenly taken away—to the best of my belief, I never used such an expression as that he was likely, in my opinion, to go off like the snuff of a candle.
Cross-examined. Q. Had you been aware that he had been for six weeks a man given to drink? A. Not to my knowledge—to the best of my knowledge and belief I never used the expression about his going off like the snuff of a candle—there would have been some cause for my using the expression, and I never saw the cause—I attended him six weeks ago—I conversed with him on the subject of his ailment, which was strangulated rupture—that was the only time I attended him—the prisoner paid such attention to him as a wife would be expected to show—I knew the prisoner some years back, prior to her marriage, living in a family—I have reason to believe that at that time she was well thought of, as a relative of mine lived in the family—she has been married seven or eight years—I have heard nothing to her disparagement since, until this charge—I never saw anything to find fault with, in her conduct to her husband and children.
JOHN LONG . I act as assistant to Dr. Letheby, in the laboratory. On Monday, 28th Jan., I received from Mr. Toulmin, at the hospital, a glass bottle and an earthen jar—they were sealed up—I locked them up in the laboratory, and gave the key next morning to Dr. Letheby—I saw them then in the same state.
DR. HENRY LETHEBY . I am a bachelor of medicine and professor of chemistry, at the London Hospital. On 29th Jan. I received from Mr. Long a glass bottle and earthen jar—I entered on an analysis of their contents
—I experimented on the contents of the bottle first, and detected eight grains and a half of white arsenic—by one course of experiments I reproduced the arsenic in a metallic form—it is in this tube (produced)—the earthen jar contained part of a human stomach—I noticed a peculiar appearance in it, which I have noticed in cases of poisoning by arsenic—there was a very small portion of a whitish powder adhering to the inner lining of the stomach, too small a quantity to ascertain what it consisted of—I then examined the intestines that were in the jar—I subjected them to a chemical analysis—the result was the detection of a very small quantity of arsenic—there was also in the jar part of a human liver—I subjected about a quarter of a pound of it to experiment—(I say that, that you may form a judgment of the quantity in the entire liver,) and obtained a quantity of metallic arsenic (produced)—it was too minute a quantity to weigh—that in the stomach was the only quantity I weighed—that would be quite sufficient to produce death—I had an opportunity of witnessing a case where two grains and a half killed—the general quantity would be eight grains—I look upon that as an average dose—it would generally be fatal—vomiting is almost invariably the consequence of arsenic introduced into the stomach—a person attacked in that way would be likely to throw up a portion of the arsenic—looking at the quantity I found, and the parts I found it in, in my judgment, the arsenic I found had been taken not more than two or three hours before death, but that is a matter of opinion; a dose might have been given before—it would depend on many circumstances how soon it would find its way to the liver.
Cross-examined. Q. About five grains of arsenic you say would cause death; do you mean taken together? A. Yes, or less; 2 1/2 grains have done so—I know nothing of this transaction, but from the examination—I found a very small portion in the liver; perhaps about 1—10th of a grain in a quarter of a pound of liver—a liver weighs about 5lbs. on an average—supposing it was equally diffused, there would be twenty times that quantity; that would be two grains—my observation in reference to the time it had been taken, has reference both to the stomach and liver.
Q. Is the data at all safe? A. Yes, I will tell yon why; I found in the stomach 8 1/2; grains of arsenic, and there was not much in the intestines; I conclude, therefore, that there had not been time for it to have been passed into the intestines which would have been the case if it had been taken a long time before death; but there was only a trace in the intestines, so I conclude it was a very short time before death—that furnishes a data to me to form a judgment on the subject of hours—food remains in the stomach five hours before it passes into the intestines—I am able to say, that the contents of the stomach pass into the intestines within four, eight, or ten hours—from experiments which have been performed on living subjects, I have not the least doubt—I saw the intestines; they were in the jar; they did not appear to be influenced by arsenic; they were slightly red, and there were traces of arsenic; I have reduced something that was in the intestines into a metallic state—I experimented upon it, and found it was arsenic—it was destroyed in the experiment—I was obliged to submit it to experiment to prove it was arsenic—it is not likely I should find arsenic in the liver, without some being m the intestines—the time would not depend on the constitution of the person—digestion depends on the constitution, but I am speaking of the average—digestion is more or less rapid, according to the constitution of the person who has received the subject matter—I have heard of cases in which matters which would not digest have remained three or four days, but those were solid matters—I think liquids pass into the stomach under all circumstances within five hours, as they are imbibed—there is a valve, which prevents solid
matters from passing into the stomach till they are digested—the arsenic was in a liquid state; all except a little white powder on the side of the stomach—I am obliged to have recourse to an average to form an opinion as to how long it would take—we have no means of dealing with an independent case, but by the average.
MR. BODKIN. Q. What did the contents of the stomach look like? A. Thick gruel; they were filtered, and I examined the filtered portion—my opinion is that the arsenic had been taken two or three hours.
ANN GEARY . I live at King's-road, Clapton. Early in the morning of Friday, 25th Jan., I was sent for to go to the house of James Merritt—I got there about twenty minutes to one o'clock—Merritt was dead—I assisted in laying out his body, and remained in the house till eight in the morning—the prisoner was weeping all night long—as I was going away, Mrs. Gillett asked me, in the prisoner's presence, to call on Mr. Urrey; I lived near him, and called to tell him to go up to Mrs. Merritt's house—he is Secretary to the Clapton Burial Society.
JAMES URREY . I act as Secretary to the Clapton Benefit Club. The deceased became a member two years ago—he was proposed on the first Wednesday in January, and admitted on the first Wednesday in February—the 2nd of Feb.—the two years would reckon from 2nd Feb.—in consequence of a message that was brought to me by Ann Gearey, on 25th Jan., I went to Mrs. Merritt's about half-past eight o'clock in the morning—I knocked at the door, and found the prisoner there—I said, "Mrs. Merritt, I am sorry to hear of your loss"—her reply was, "Oh, Mr. Urrey!"—she seemed absorbed in grief—Mr. Toulmin came in, and she and Mrs. Gillett went out of the room—I afterwards said to the prisoner, "Mrs. Merritt, your husband, had he lived till the 2nd of Feb., you would have been entitled to 10l., but as it is, you will only be entitled to 7l. 10s."—she said nothing to that—when the deceased was admitted a member, a copy of the rules was given him—this is one of the printed copies of the rules of the club (produced).
ALFRED ANDREWS . I am summoning-officer for the parish of Hackney, and constable for the Coroner. On Friday, 25th Jan., I went to the deceased's house, about half-past nine o'clock in the morning—Mrs. Gillett was there and the prisoner—Mrs. Gillett said to the prisoner, "From what has passed between me and Mr. Andrews, he thinks there will be a Coroner's Jury"—the prisoner said, "I don't think there is any necessity for a Coroner's Jury, as my poor dear husband died a natural death"—I asked the prisoner whether she thought anything had been given to her husband, or whether she thought he had taken anything to destroy himself—she said, "God knows, sir; he told me he had something to drink at Stamford-hill; but whether anything was put in his drink up there I can't tell"—I saw her again that night, but the conversation purporting to have taken place that night is a mistake; it was on Monday, the 28th, an hour before the Inquest—she then stated that a piece of meat was cooking at the fire for her husband's lunch (alluding to the 24th); that he could not eat it, but had some gruel, while Ash by eat the meat; and that Ashby saw her make the gruel, I think she stated on Friday morning, the 25th—I asked her a great number of questions, and there was no answer—she said he had nothings to drink the first thing in the morning but the liquor of some Irish-stew made over night, and he shortly afterwards took a cup of tea; then he was very sick, but she thought nothing of his sickness, as he was so almost every morning—I think those were almost her precise words—I saw her on Monday, the day the Inquest was held, before the Inquest—I recollect Mr. Toulmin's assistant, and another medical gentleman coming to make the
post mortem examination—I told her the gentlemen had come to make a post mortem examination of her husband's body—she said she had no objection from the first, but her husband had made her promise his body should never be opened, and was it not very natural that a wife should respect her husband's wish? the two gentlemen were ascending the stairs when the conversation took place—I said it was a very painful thing, the law must take its course, and we must find out whether her husband had died from natural or from foul causes—she started from her chair, walked across the room with her hands clasped, and said, "Thank God I am innocent; if there is anything wrong I know nothing about it"—she said, in reference to her husband, "Poor dear soul! I loved him too well to wrong him or to injure him," or "to injure him or wrong him," I am not sure which—a day or two after this I saw the prisoner at Mrs. Gillett's—it was on the night of the 31st, the day I gave the prisoner the order for the burial of the body—when I gave it her Mrs. Gillett was standing near her, and she stated that the gruel her husband had left in the morning, she and her child Anne had eaten, and Mrs. Gillett could prove it, or "Mrs. Gillett knows it," turning to Mrs. Gillett for confirmation—Mrs. Gillett said, "I know nothing of it; I have no recollection of it; or, "I did not see that"
Cross-examined. Q. Are you the Coroner's beadle? A. The Coroner's constable; I first communicated with the Coroner on this subject on 26th Jan.—I do not know whether my duty as Coroner's constable has reference to this matter—mine is a printed direction, filled up—I received that on the night of 26th—I communicated with him by the first post, the regular communication—I first commenced my conversations with the accused on the morning of the 25th—I had not been exactly acquainted with her; I knew something of her—as far as I was an officer she would know that my conversation was of an official character—I told her I was the Coroner's officer when I went into the house, and Mrs. Gillett knew it.
FREDERICK WILLIAM GROUND . My father is a chemist and druggist, in Church-street, Hackney, about half a mile from where the deceased lived—I assist him in his business in the shop—I have known the prisoner from her having frequented the shop—on Saturday afternoon, 19th Jan., she entered the shop, and asked me at first for two pennyworth of arsenic, which I refused to let her have—nobody but me was in the shop when she came—she said, "Oh, your father knows me very well, he has often let me have it," and gave me her name—I did not remember it; but having heard her name since, I recollect that Merritt was the name she mentioned—I did not know her by name at the shop, only by sight—I did not take her name down, as I knew her well—I was about to serve her with two pennyworth of arsenic in one packet, when she said, "I want it in two separate pennyworths, one for myself, and one for my sister, who lives at a distance, and cannot procure it"—I asked her what she wanted it for—she said, "To poison some mice or rats"—I then put her up two separate pennyworths, about half-an-ounce in each packet—I did not weigh it—I labelled each packet "Poison," a printed label with large letters, and on the reverse side I wrote "Poison" twice, in case of accident; the packets were fastened with string—when she desired me to divide it, I was about reaching the bottle from the shelf, I do not think I had it down, I am quite sure a quantity of arsenic was not poured out—I put it in white papers, about this size (folding a piece of paper to the size of an ordinary powder)—it was whiter paper than this—the half-ounce would pretty nearly fill the paper; it weighs very heavy—I cautioned her as to the use of it, saying she was not to put it on bread and butter, as children were apt to take it up—she said, "No, I cut a herring in two, and put it in the middle"
we sell effervescing powders; they are the same colour as arsenic—white arsenic, divided into these portions, and folded in this way, would resemble effervescing powders externally—effervescing powders consist of two packets, one in blue paper, and the other in white, and one much larger than the other; the smaller is the white—she paid me, and left the shop—she had some pills at the same time—I observed nothing unusual in her manner—she was about the same as usual—she was not excited—she mentioned the death of her children, two I believe.
Cross-examined. Q. Do I understand you right, that you recollect that you put the label "Poison" on the outside packet? A. Yes; I gave them to her in two separate papers about this size, not enclosed in a third—I have known her about twelve months—she had been in the habit of frequenting the shop.
JAMES COWARD . I am an inspector of the N division of police. On Saturday, 2nd Feb., in consequence of instructions, about half-past ten o'clock in the morning, I went to the prisoner's house, in company with young Mr. Ground—when I got there, I said, "Mrs. Merritt, I have come here to ask you a few questions, which you can answer or not, as you think proper; but if you do answer them, I must make use of them elsewhere, for or against you"—I first told her I should like to have some other females present to to hear what I said—two other females came, besides one who was in the room with the prisoner; they were persons living in the neighbourhood—I am not aware of their names—when they came, I asked her whether she knew of any arsenic having been in her house lately—she said, "No"—I asked her whether her husband used any arsenic in his business, or for any other purpose—she said, "No"—I asked her whether she had purchased any arsenic lately—she said, "No, certainly not"—I then called young Mr. Ground in—she saw him, and became very pale, and exceedingly agitated—I said, "This young gentleman states that you purchased two pennyworth of arsenic of him about a fortnight since"—she said, "Well, I did, and I will tell you for what purpose"—she did not go on, for Mr. Ground left the house, and I went away directly, leaving her in the custody of a constable named Clark—when I returned, I took her to the station—on the way I asked her whether she had a sister living in the neighbourhood—she said, "No, I have a sister living at Brixton, named Carr; her husband is a twopenny postman"—I asked her whether she had purchased either of the packets of poison for her sister—she said, "No, I bought it for myself, and intended to take it, but thought better of it afterwards"—I asked if she had not taken it, what had become of it—she said, "I emptied one of the packets of powder into the other, and placed it in the cupboard, and burnt the paper containing the first packet"—she then added, "My husband was very fond of soda and acid powders, and used often to take them, which Mr. Coleman knows"—she remarked, "Shall I tell you what a woman said my husband said to her a short time ago?"—I said she had better reserve what she had to say before the Magistrate—she said a woman living down the Lea Bridge-road, who her husband owed 10s. to, told her that her husband said he was often so troubled in his mind, that he had a good mind to throw himself into Clapton pond, or into the canal—I found a copy of the Rules of the Benefit Society in a drawer of a table at the prisoner's house, with Merritt's name on the title page—it was in consequence of what the prisoner said that I looked for it.
Cross-examined. Q. How long before 2nd Feb. was it you had seen Mr. Ground? A. Only the same morning—I did not know what he would state at the time I went to the house—I swear that—I had not talked to him—he had given me a description of a woman something like the prisoner, who had
been to purchase arsenic a fortnight previously—on the morning of 2nd Feb., I desired be would go with me—I saw his father, and he told me his son had served the female; I had seen him the evening previous—the first time I went to Mr. Ground's house was the evening previous to my taking the prisoner; that was all the conversation I bad with the elder Mr. Ground—I told young Mr. Ground that it was my wish that previous to his entering the prisoner's house there should berother females present, that he might be able to identify her if he could do so—I told him on his entering the room, if he did identify her he was to lift his hat and bend his bead towards her, as I wished to observe the expression of her countenance when she saw him—he said a female resembling the prisoner had purchased some arsenic a fortnight before; that was why I took him with me—I gave him an opportunity of seeing whether he could identify her or not, before questioning her.
Q. Did you not put question after question on the subject of her husband having arsenic in the house, over and over again, before you called in Mr. Ground? A. Certainly I did—I did not produce him at first, because I wished first to ask the prisoner whether she had purchased any arsenic, because from the description he gave me I thought it was her—I can give no other reason for putting the question before introducing Mr. Ground.
RICHARD CLARK (policeman, N 223). I went with Inspector Coward to the prisoner's house—I was left in charge of the prisoner while he went out—I said nothing to her after he was gone—she said, "I suppose I shall be hanged, there are so many lies about it, but I bought the arsenic for my husband"—I am quite sure those were her words—I produce sixty-four duplicates in a bag; I received them from Mary Sheen—I have examined them; they refer to articles of wearing-apparel, silver-spoons, and silver sugar-tongs.
Cross-examined. Q. Did you make a memorandum of that observation at the time? A. No—I did not hear her say she purchased it to take herself; I heard her say she had not purchased it—I was not in the room all the time of the conversation with Mr. Coward, I went out once—I did not accompany Mr. Coward to the station; I was left in the house.
MARY SHEEN . I delivered this bag of duplicates to the last witness; I found them under the dresser in the kitchen; I looked there for them—I was told by the prisoner they were there when she was being taken into custody—she told me I should find the tickets there, and she had pawned some of my things, and I was not to say nothing.
SARAH AVIS . I am female searcher at the police-station at Hackney. I remember the prisoner being brought there on the 2nd Feb.—she asked me if I knew what she was there for; I said, "No"—she said it was for poisoning her poor dear husband; that he had been poisoned, but she had not done it herself—she asked me if I had noticed the person in the station, meaning Mrs. Gillett; I said, "No"—she said she bad false sworn before the jury, at her husband's jury; it was against her wish, as truth goes furthest—she gave me six duplicates out of her pocket—she said she did not suppose she should be out again, and did not think she should want them; she wished me to burn them.
WILLIAM ALDERMAN . I am gaoler of the police-court, Worship-street. I had the prisoner in custody, after her second examination before the Magistrate on Friday, 8th Feb.—when I took her to her place of confinement, as we went to the cell, she said she wished to see her sister; I said she could do so in the presence of Inspector Coward—I was about to leave the cell, and she said, as she had no one to speak for her, she wished the Magistrate to know something of the case; she then stated that Mrs. Gillett, the witness, was the
first instigator of her opening the boxes and pledging the property—she said she wished the Magistrate to know she had spoken the truth all through, except what she had stated to Inspector Coward, respecting the purchasing the poison—she stated she did purchase the poison; she placed it in a cupboard where her husband kept his acid powders, which he was in the habit of taking of a morning; that she emptied the powder out of the paper with the word "Poison" on it, and destroyed that paper; she screwed the poison up in another piece of paper, and left it in the cupboard; and if he had taken the poison, he must have taken it in a mistake; that she afterwards destroyed the whole of the powders that were in the cupboard, put them in the fire; the said she bought it in a pet, and she intended to take it herself if her husband had gone on in the way he was going on.
Cross-examined. Q. How came you to go to the cell? A. It was my duty; I went to visit the prisoner—the conversation began with her—I went to look into the cell, to see if all the prisoners were right.
The prisoner's statement before the Magistrate was here read, as follows—"I have nothing to say, but that I never intended him to take it—when I bought it I did intend it for myself if he came home as he had done for several nights past, for I could not live with him as I had done; he came home very comfortable, and I thought no more of it, till the Sunday following, when I burnt it, as it came into my mind that he might take it instead of the sods; as for my giving him anything, it never entered my head. What I said about hanging, was, if I should be hung that minute, I should be hung innocently of giving him anything to do him any harm."
GUILTY. Aged 31.— Strongly recommended to mercy by the Jury, on accountof her good character with Mr. Toulmin's family.
NEW COURT.—Friday, March 8th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt.,
Ald.; Mr. RECORDER; and Mr. Ald. CARDIN.
Before Mr. Recorder and the Fifth Jury.
(The prosecutor and prisoner being foreigners, the evidence was explalined by an interpreter.)
KARL WILHELM WEHRFRITZ . I am a cigar-case maker, at 29, Little Alie-street. The prisoner was in my service, not as a traveller, but to take the cases about to be sold—I went about also—we were not partners—on 29th Jan., I had three dozen cigar-cases to sell—the prisoner said as he was able to speak a few words of English, he would go with me and assist me to sell them—we went together to Bishopsgate-street, where we sold one down—I we afterwards went to shops in different places, and at last came to Oxford-street, where we had dinner—we then went to several shops, till we came near to Newgate—I then had occasion to step aside; the prisoner had the cases, and when I returned he had disappeared—I went home and made inquiries, but I could not find him out till the Saturday following, in Goulston-street, and I gave him in charge—it was two dozen cases that I lost—I had made them—the prisoner has assisted me a little; he was my apprentice—the agreement was, that he was to learn for four weeks; during that time I was to give him breakfast and supper, and he was to sleep in my house—I gave him dinner,
but the amount of the dinners he was to work for, after the four weeks had expired—I procured the materials—he was not to have any share of the profits—a few days ago I saw some cigar-cases in a pawnbroker's shop, in Whitechapel, which were my work.
Prisoner. I worked at Witz's, at weekly wages; the prosecutor was working there; I often had conversation with him, and I treated him with beer and gin, and liquor; he said I was spending my time useless to learn so long, I could learn it in a week, and afterwards I could earn six, eight, or ten shillings a week; if I had a couple of pounds, I could work with him as partner; I advanced him ten shillings, and afterwards, on the Sunday, I gave him nine shillings, and afterwards more money; and we both went to Bishops-gate-street and bought leather; all the money that I gave him was thirty-five shillings, which he is well aware of. Witness. He did not give me that—he has contended throughout that he was a partner.
Prisoner. We worked together, and made three dozen cases; he told me to procure more money, and I went to some acquaintances of mine on the Wednesday evening, and borrowed more money, with which I bought paper, and bread, and other things that were wanted at home; I had been out alone on Monday and Tuesday, to sell them in New-street, Gravel-lane, and Hounds-ditch. Witness. I lent the prisoner two shillings, and that he paid me again—that was all the money that passed between us—it is not true that I persuaded him to leave his former employ, to go about with me selling these things—I was working at Witz's, and he sold his business to me, and the prisoner came to me as an apprentice—he had not possession of the cases on two former days—I never intrusted my property to him alone—the cases which were done up and finished, I did not keep in the house, for fear they might be taken—I took them to my former employer, Mr. Witz; and there I always went with the prisoner when we went out to sell them; there we got them, and when we came back I left them there again—they did not belong to him, they were my sole property—when I established my own business, a relation of mine, and other acquaintances, lent me some money—I was not a servant to my former master, I had begun business on my own account—I paid my former master for the part he did to these three dozen cases, by making some other cases for him, and the difference he paid me in money.
Prisoner. We had still to finish three dozen for our former master. Witness. No, they were left unfinished—I left my master on Saturday, when he had one dozen money-purses to finish—he was in want of silk—I offered to finish that one dozen for him, which I did not mind doing—my master it not here; he was at Worship-street, where he witnessed to my statement—he was sworn there—his name is Isaac Witz.
Prisoner. When we were in Oxford-street he told me that times were very bad, and we would separate, and he intended to go abroad; I said, "How about my 35s.?" and he said, "There are the two dozen cases. Witness. I did not tell him that—he did not say to me, "How about the 35s.?"—I did not authorize him to dispose of these to make good any sum of money that he claimed.
Prisoner. He gave me the cigar-cases, and said, "That makes 24s.;" I said, "How about the other 11s.?" he stated at Worship-street that I had demanded the other 11s. from him. Witness. Nine shillings was mentioned—at the moment I gave him in charge he said, "I have nothing to do with him, he shall give me 9s."—when he was given into custody he maintained that there was still 9s. due to him—he has maintained from first to last that he took this property on a claim of right—he stated that he had
a right to do what he has done, and there was still something due to him.
Prisoner. Before the Magistrate I was told to come again on Thursday, and I did; if I had been a thief I would not have come. Witness. He did come again—he was let out on his own recognizance—there was a witness, but he knew nothing but about money, and the Magistrate declined his evidence—I have always understood from the very first that the prosecutor owed the prisoner money.
NOT GUILTY .
600. MARY ANN APPLETON , stealing 1 paper-knife and other things, value 2s. 6d.; the goods of Hannah Mary Gill: 1 scarf and other things, value 2s.; the goods of Seytha Downes: 1 top of a walking-stick, value 1s.; the goods of Walter Downes: and 2 towels, value 2s.; the goods of James Downes, her master.
JAMES JOHN DOWNES . I live at Highbury, and am actuary to an insurance company. The prisoner was in my service up to about the middle of Oct. last—she afterwards went to the service of Miss Northcroft, who sent for me about 20th or 21st Feb.—I went, and the prisoner opened three boxes—my daughter, Mrs. Gill, was present, and Miss Northcroft—several articles were pointed out by Mrs. Gill as belonging to herself and to me, but more particularly those which had our names on—the things are here—this towel has my name on it—this is the top of my son's cane—I believe it is silver.
Cross-examined by MR. COOPER. Q. How long was the prisoner with you? A. From the latter end of June till Oct.—she was housemaid—there were several other articles found, but we would not swear to them—I have two sons and two daughters—I had a character with the prisoner, and gave her a character—I knew where she was going.
COURT. Q. Was there a paper-knife found? A. Yes, this is it—there is no doubt about this, because we have the handle part of it—it was a resent made to my daughter, and was very much prized—it is not broken—it was rivetted together, and has come asunder—this top of the cane was found in the prisoner's pocket.
MR. COOPER. Q. I suppose she had the care of the plate? A. She cleaned the plate—I lost many valuable things, but I was ill, and my family was in distress—I had work-people about—I do not wish to accuse her.
SARAH NORTHCROFT . The prisoner came into my service, and soon after she came, a ring was lost belonging to a French lady—I made inquiry about it—the lady was angry, and said she must leave me—about a month afterwards I found the prisoner was not careful, and the things went very fast—I looked about, and found she had concealed a great deal of bread in her drawers—I then gave her warning, and let her go that night—I offered her her wages, and she would not take them, as I did not pay her the whole month—she said she would not leave that night—I said she should not stay she might go to her friends or I would give her in charge—she went away, and she returned with another woman, and made a great noise—the next day she came back, and I searched her boxes, and found a great many things of mine, but I forgave her for them—on the Friday she came with a man and woman, and demanded the things that had been detained by me—I had a policeman, and gave her in charge—the Magistrate said he would not pro-ceed
on my case, as I had forgiven her, but those things of Mr. Downes's he proceeded on.
Cross-examined. Q. Did you say to her, "I suspect you have taken these things?"A. No; I never suspected her of the ring, but I afterwards looked about, and missed a number of things of my own.
HANNAH MART GILL . I can identify these articles—here is my own name on these stockings—these cards are mine—this handkerchief and towel are my sister's, Seytha Dowries'—I know these other things—this is my knife; I have the handle of it in my hand—this is the head of my brother's cane; we have the other part of it—I knew the prisoner in my father's service.
Cross-examined. Q. Is the washing done at home? A. The handkerchiefs and towels are done at home; the other things are put out—they come home on Saturday night—they are not sorted then, but on Monday.
GUILTY. Aged 26.—Recommended to mercy by the Prosecutor. —
Confined Three Months .
601. SAMUEL TAYLOR , stealing 1 purse, value 1s.; 1 half-sovereign, 4 shillings, 5 sixpences, 7 groats, and 1 threepenny-piece; the property of Edward John Miles Homer, from the person of Eleanor Homer: having been before convicted.
JAMES ASKEW . I live at 12, Queen-street, Horsleydown. On Monday morning, 18th Feb., I saw two ladies looking into a shop in Bishopsgate-street, and I saw the prisoner trying pockets—when be was trying the pockets his hand was uncovered—the ladies went to the next house, and then the prisoner put his hand under his own coat, and put his hand to the lady's pocket, and took something out and put it into his own pocket—I followed him down Threadneedle-street—I there saw him take some money out of his pocket and count it, and in Finch-lane I saw him take a piece of paper out of his pocket and chew it, and spit it out—I followed him to Cornhill.
Cross-examined by MR. ROBINSON. Q. How near were you to the prisoner when you saw him picking pockets? A. I was going past him—I was on the kerb; he was at the window—I only saw him try the lady's pocket—he tried it twice, and did not succeed—he then tried a third time, and did succeed—when he made the third attempt, I had crossed over to the other side of the road and watched him—I suspected him—there was no one with me—I was going after a situation—this was near St. Helen's-place—he then went up Thread-needle-street, and I followed him into Cornhill—I was on one side, and he on the other—I never lost sight of him—the lady did not go with me; I left her looking in at the shop window—I asked the lady if she had lost anything—she said she had—I left her, and went after the prisoner—I gave him into custody—I was shopman to a leather-cutter about nine months—I am now out of a situation—I did live with Mr. Wilson, in Old-street-road—a gentleman here knows that, I did live with a tinman, and with a cheesemonger, and a stationer—the stationer went into the country, and the cheesemonger's brother came out of the country, and he said he should not want me any longer—I left the tinman to go to a better place, to the leather-cutter's—I was then going after a situation, to a leather-cutter, named Laylard, in Shoreditch, but I did not get the situation; he was suited when I went—I have never been a witness before, nor in any other situation in a Court—I have lived at Queen-street, Horsleydown, seven or eight years.
the Lord Hood tavern, at Limehouse. On 18th Feb. I had been to Dr. Solley, the physician, and I was in the act of waiting in the street for a cab—I looked into a shop window till a cab came up—I missed my purse, which contained 3l. 10s. in gold—I had a sovereign and half-sovereigns, and between 10s. and 12s. in silver, and a prescription written on a paper—I had some fourpenny-pieces, some shillings and sixpences, and one threepenny-piece—I lost the purse and all its contents.
Cross-examined. Q. You had three sovereigns and a half you say in the indictment? A. Yes, in amount—I had 4l. 10s. in gold when I left home—I had given Dr. Solley a sovereign and a shilling—I will swear that I had more than one half-sovereign in my purse—I will swear I had a 3d. piece; my husband gave it me, I came out in a hurry, and I had no silver, I asked him to give me some, and he went to the desk and gave me some silver—when I got to the railway-station, I dropped the 3d. piece on the counter—I took it up, and put it in my purse again—this is my signature to this deposition—it was read to me.—(The witness's deposition being read, stated, "I had three sovereigns, one half-sovereign, and, I believe, about 10s. or 12s. in silver; there were some 4d.-pieces with the silver")—I still say that I had more than one half-sovereign, and that I had a 3d.-piece—my husband did not give me the gold; I took that from a box in the drawer before I went out.
CHARLES WILLIAM NICKS (City policeman,491). I took the prisoner in custody in Cornhill, from the information of Askew—he was 500 or 600 yards from the spot where the robbery is supposed to have occurred—I said, "You have robbed the lady"—he said, "No, I have not," and he took some 4d.-pieces in his hand, and said, "That is all the money I have got"—I was going to search him, and he put his left hand into his left-hand waistcoat-pocket, and took out some shillings and sixpences—I made him put them all together, and put them into his pocket—I took him to the station, and found on him one sovereign, two half-sovereigns, four shillings, five sixpences, seven groats, and one 3d.-piece.
GEORGE ADAMS (policeman, M 156). I produce a certificate of the prisoner's former conviction—(read—Convicted December, 1848, of larceny from the person, and confined one month and whipped)—he is the person.
GUILTY . Aged 14.— Transported for Seven Years .
SHALDAN PLEADED GUILTY . Aged 23.— Confined Seven Days .
GEORGE DUNHAM (policeman, F 57). The prisoner Shaldan gave herself into my custody, and in consequence of what she said, I went to Simons, Mr. Clark's foreman, and then to Gollagher's house, in White Horse-yard—I found in the back-room one chair, and in a broker's shop opposite, another chair—they were identified by Mr. Simons—Gollagher said he bought the chairs of a female for half-a-crown, and he said the woman and her husband were to come that evening with some other things—he said Shaldan brought the two chairs, and asked 4s. for them, that in looking at them he found some defect, and only gave half-a-crown for them.
Cross-examined by MR. BALLANTINE. Q. I believe he took one chair
himself to the station? A. Yes, and he took me to the place where the second chair was—I took his word for his appearing the next day, and he afterwards was admitted to bail.
JOHN FREDERICK SIMONS . I am foreman to Mr. Joseph William Clark, a pawnbroker, in Long-acre. I went with the officer to Gollagher's—I found one chair there, and the other at the broker's shop opposite—the value of these chairs, as they belong to sets, would be 1l.—I valued them at 10s., being the ones that had been put out for sale—they are fully worth 5s. each as odd chairs—they are Mr. Clark's property.
Cross-examined. Q. If these two odd chairs were brought to your shop, what would you lend on them? A. I should not think of lending less than 10s. on them—they are solid mahogany.
ABRAHAM SOLOMON . I am a furniture-broker, in Great Queen-street. I should value these, as single chairs, at 10s. the two, not 10s. each—I cannot say whether, if any one came to my shop, I would sell them at that price.
(Gollagher received a good character.)
GOLLAGHER— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JESSE EARL . I live at Cattle-gate, Enfield. On 22nd Feb., I had three ducks and a drake in a shed near my house—the next morning two ducks were gone; these are them, I know them by the ring on their necks, and a little bit of white on their wings—I traced the footsteps of two men.
JOHN WATKINS (policeman, S 113). On the morning of 23rd Feb. I heard of these ducks being missed, I went to where they had been kept, and traced the footsteps of two men upwards of two miles across the fields—they led me to the house of the prisoner's mother at Hadley—I knew the prisoners, and I had seen them round that neighbourhood before—I found two ducks in a room, and in the next room I found the prisoners and a third man, who I believe was their brother—I took the prisoners to the station—I took off their boots, and compared them with the footmarks—Isaac's boots had two rows of nails, and Joseph's had the nails half-worn off—I measured the lengths of the footsteps with a stick, and they corresponded exactly—I had seen the prisoners near the prosecutor's house on the 22nd, about three o'clock in the afternoon.
Joseph Griffiths. Q. You say you traced two footsteps? A. Yes; I traced them across the fields to Hadley, but not close to the house—when I came into the main road I lost the footsteps.
COURT. Q. How near to the prisoners' house did you trace the footsteps; till they ceased? A. Yes, to about two miles from the prisoners' house—they live between four and five miles from the prosecutor's—they could have got to their own house without going across other fields.
CHARLES HAWKES (policeman, S 295). These ducks were found in the prisoners' mother's house—I told the prisoners they must consider themselves in custody for stealing the ducks, and we should search the house—I compared the prisoners' boots with the footmarks, and they corresponded exactly—we traced the footsteps to about two miles from where the prisoners live.
COURT. Q. On what part of the prosecutor's premises did you find the footmarks? A. In his garden.
Joseph Griffiths. There were six of us there the day before, and through the man's house, and there were other persons beside.
Witness. I did not find the trace of any other persons—these two distinct
footmarks appeared to be recently made—we went over some newly ploughed ground, and these two footsteps-were right over it.
Joseph Griffiths's Defence. When I went home, we went across the fields, and the officer came, and said, "What did you do about the fields? were you round by Cattle-gate?" I said, "Yes;" just by the fields there is a wood; I returned from there, and went by the prosecutor's house again; there were six of us, and the other three turned away, and we went our way home; we got home between three and four o'clock in the afternoon; next morning I went to Potter's-bar after work; I was some time about the place, and about dinner-time the policemen came, and seeing the footmarks, they charged us with the two ducks; I said I had seen no ducks, but if there were any, they might have them; they found these ducks in the house, but how they got there, I don't know; they took us to the station, and then my brother told me that he had taken these ducks down home, and put them in the house; I said, "Why did you not say so before they committed me?" he put down his head, and said no more.
Isaac Griffiths's Defence. I did not steal them; they are not his ducks, they are mine; I bought them at Mr. Rydon's, at Colney-batch; they have private marks about them; one is clipped on the wing, and one on the back; my brother has more ducks at home, all marked in the same way.
JESSE EARL re-examined. I know them by the marks; they are ring-necked ducks and brown bills—if they are marked as he says, they were marked after they took them—they are my ducks; I could take twenty oaths they are mine—if they had tongues to speak, they would say that they know me.
JOHN DEACON . I am governor of St. Alban's gaol. I produce a certificate of Joseph Griffiths' conviction from the Clerk of the Peace of St. Alban's—(read—Convicted January, 1843, having been before convicted, and transported for seven year's)—he is the person.
JOSEPH GRIFFITHS— GUILTY .
ISAAC GRIFFITHS— GUILTY .**
Confined Eighteen Months .
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.
Confined Fourteen Days .
MR. COOPER conducted the Prosecution.
ROBERT TOOKER . I am carman to Mr. Erastus Rogers. On 26th Jan., I was sent out with three barrels of pork—I left my employer's yard about half-past twelve o'clock—I went to Rosemary-lane, and then to Ratcliff-hight-way, to Mr. Taylor's—he did not take the barrels, and I brought them back—on my way home, as I came to the corner of Brown's-lane, Morgan stopped me—it wanted a few minutes to six—I looked, aud I had lost two barrels of
pork—I ran back immediately with Morgan to the corner of Wood-street—I saw the two barrels of pork standing against a house, and the prisoner Mahoney was by them; I did not observe any one else—Morgan came up, and I turned the barrels up, as the brine was running out—Morgan pointed to Maboney, and said, "That is the man that took them out of your cart"—I said, "Will you swear to that?"—he said, "Yes, I will"—Mahoney walked across the road, buttoned his jacket, and then he ran—I called the policeman and ran after him—I told Morgan to follow me; he came along the pavement; I went in the road.
Mahoney. Q. Was I or Clark nearest to the pork? A. I did not see Clark—you were there.
GEORGE CLARK . I am a broker, and live in Globe-lane, Bethnal-green. On Saturday evening, 26th Jan., I was walking up Church-street, Spitalfields, between five and six o'clock—I saw a cart coming along, and four men following it—when the cart turned out of Church-street into Wood-street, the tail-board came down, and they pulled out two barrels containing pork; two men went to each barrel, and rolled them on the pavement—Mahoney and James were the two men who took the pins of the cart out, and after they tilted the cart, the barrels came out, and then two men rolled each barrel from the road upon the pavement—the prisoners are three of the men, and one is not here—Morgan was with me—I was fifty yards off them when they took the tail-board down—when they were taking the barrels from the road to the pavement, Morgan and I passed between them—I came quite close, and saw them clearly—I sent Morgan after the carman; I stood by the barrels—Mahoney was standing by them; the other men went out of sight—I was not with them two minutes when the carman came back—I pointed to Mahoney, and said, "This is one of the men;" and Mahoney walked away—he had a black patch on his nose—I was left alone perhaps five minutes, and then Rogers and James came back with a truck—I am quite sure Rogers was one of the men—James came towards the barrels—I said, "My good man, you had better not touch them; if you do I shall bock your brains out with this"—it was a beam of a large pair of scales I had in my hand—they both instantly took to their heels and ran away with the track—I remained with the barrels till the officer came.
Mahoney. Q. What distance was I from the pork? A. About half-a-dozen yards—I was about half-a-dozen yards from it, on the other side.
James. I never was near it; I was in a public-house drinking.
Cross-examined by MR. PAYNE. Q. Are you a sort of distress broker? A. Yes; anything that is legal—at the time I was before the Magistrate, the three prisoners were under examination—the other man was not there—it was the three prisoners and the other man who rolled the barrels on to the pavement—after Morgan and Tooker had run after Mahoney, and I remained with the barrels, James and Rogers came back with the truck—it was not James and the other man; it was James and Rogers—I said so before the Justice—this is my signature to this deposition—it was read over to me.
(The deposition being read, stated: "James and the other man came up with a truck")—it is wrong in the deposition—I said the same as I do now—I did not know their names when I was at the station—James and Rogers are the men who came back with the truck.
THOMAS MORGAN . I live in Gill-street, Limehouse. I am a broker—on 26th Jan. I was in Church-street, Spitalfields, with Mr. Clark—I saw four men following a cart—the cart turned down Wood-street, and we saw the tail-board go down—we followed them, and when we got to the corner the
men had got the barrels of pork out of the cart—I said to Clark, "You stop here, I will go and tell the carman"—I went, and he came back with me—when we came back, there was only Mahoney there—he had a black patch on his nose—the carman asked whether that was the man—Clark said, "Yes, that is him"—Mahoney made off', and I followed him to a public-house—the carman called out. "Police!"—the policeman came, and we found Mahoney in the water-closet—I pulled him out.
Cross-examined. Q. You cannot say whether James and Rogers were the other two men? A. No.
WILLIAM GRADY (policeman, H 206). On 26th Jan., about six o'clock, I was on duty in Brick-lane—I was called by Tooker—I went to the Three Crowns, and found Mahoney in the water-closet—I took him to the station—he appeared to be intoxicated—he had a black patch on his nose—I took the two barrels—they contained pork.
Mahoney. Q. Morgan said he took me out, and you say you took me out? A. Yes—Morgan saw you there—he said, "He is here," and I took you out.
GEORGE CLARK re-examined. Q. How were the prisoners dressed that night? A. Rogers was dressed as he is now, but when at the police-court he had a jacket on, and I did not identify him—I am quite certain now that he is the man.
James. Q. You said at Worship-street that I wore a great coat? A. Yes, I did.
THOMAS KELLY (police-sergeant, H 2). In consequence of information I took Rogers into custody that Saturday night, at a beer-shop in Flower-and-Dean-street—I told him he was charged with stealing three barrels of pork—(I thought it was three)—I said I should take him—he said, "I shan't go"—I took him—he made a most desperate resistance—he was, most of the way to the station, dragged on his back in the road—we were surrounded by a desperate gang of thieves—he had a blue jacket on—this is it—I received the coat he has on now, from Wilkins—I took James on the Wednesday following—he said, "You know me very well; I am quite innocent."
Cross-examined. Q. Was Rogers taken at a public-house? A. No, at a beer-shop—he was very violent—I suppose there were six or seven policemen—I struck Rogers repeatedly with my fist—I had no staff—his face was well blackened, and so was mine, with mud and dirt—he had blood on his face, from his nose I believe—he struck and kicked me very much—I had my clothes nearly all torn off.
James. Q. Do you know anything wrong against me? A. No.
SAMUEL WILKINS . I am a butcher. On that Saturday night I went to a beer-shop in Flower-and-Dean-street—I saw Rogers there, dressed in a blue coat, as he is now—I had this blue jacket on my arm, and he said his coat was too tight across the shoulders—I changed with him—when I saw him again in his own coat I did not recollect him at first—this was between five and six o'clock, as near as I can guess.
James's Defence. I was in a public-house at twenty minutes past five o'clock, and stopped there till twenty minutes past seven; I never saw these prisoners before; I get my living by pedestrianism, running, and picking up stones, and so on; I work in a gas-factory, I attend the fires.
Witness for Defence.
—I know the sign of the Duke of Northumberland, in Worship-street—on Saturday, 26th Jan., I was there at five o'clock—the prisoner James came in at ten minutes past five—I noticed the time, because
the pot-lad had his tea—I knew James by sight, not by name—I had seen him there before—he was in there about an hour that night, and then I left, and lost sight of him—the distance from there to Church-street is about 300 yards.
Cross-examined by MR. COOPER. Q. Can you say exactly what day it was? A. No—I cannot say whether it was the 25th or 26th—it was on a Saturday night—I heard of the prisoner being taken up on this charge—I did not go before the Magistrate.
COURT. Q. How did you know the man, if you did not know his name? A. His wife came, and asked us if we knew him—we told her we did not know his name—she gave us a description of the man, and we said we did know him—he was in there—there was me, and Price, and Hodgson, and the potman, I do not know his name.
THOMAS WAKFORD (police-sergeant, H 5). I produce a certificate of Mahoney's former conviction at this Court—(read—Convicted Jan., 1848, by the name of John Addy)—he is the person—he was confined one year.
MAHONEY— GUILTY . Aged 47.— Transported for Ten Years .
ROGERS— GUILTY . Aged 20.— Confined Two Years .
JAMES— NOT GUILTY .
THIRD COURT.—Friday, March 8th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. SALOMONS; and EDWARD
Before Edward Bullock, Esq., and the Seventh Jury.
GUILTY.** Aged 15.— Confined Twelve Months .
GUILTY . Aged 16.— Transported for Seven Years .
GUILTY .* Aged 23.— Confined Twelve Months .
GUILTY .— Confined Three Months .
GUILTY.**— Transported for Seven Years .
milk, and used to be paid daily; if I missed paying one day, it was paid the next—on Saturday, 9th Feb., I paid the prisoner 1s. 6d., on the Monday 1s. 4 1/2d., and on Tuesday, Wednesday, and Thursday, 9d. each day—I paid him that for Mrs. May—on the following Monday afternoon one of Mrs. Mary's servants came and made inquiry—the prisoner had been that morning but never came after the inquiry.
SARAH MAY . I am a widow. The prisoner was in my employ to carry out milk, and was to receive money for it—he went away on 11th Feb.—he used to bring money from Mrs. Nathan—about 16th Nov. he said Mrs. Nathan would not pay as she had done, but would pay weekly—before, he had been in the habit of bringing the money daily, or every other day—after that he did not bring me any money, and at the end of two or three weeks I asked him if they had paid—he said, "No"—at the end of seven weeks I asked him to name it to the servant, in case there should be a mistake—he said he had spoken to the servant, and she said it was all right—after ten weeks I asked him again, and he said he had named it to the servant, and she said she was very short, and did not like to name it to her mistress—on Monday, 11th Feb., I sent the servant round with him, and after that, I saw him no more—he did not pay me anything from Mrs. Nathan for twelve weeks—he did not pay me 1s. 4d. received on the 9th.
GUILTY . Aged 21.— Confined Four Months .
MR. COOPER conducted the Prosecution.
MARY ANN RUMBLE . I am the wife of Richard Rumble, who keeps a haberdasher's shop, No. 3, Pleasant-place, Holloway-road. On 14th Feb., between seven and eight o'clock in the evening, the prisoner came to the shop and asked for a handkerchief out of the window—I said it was 3s. 6d.—he then wanted a pair of socks, and then a pair of shilling stockings—they came to 5s. altogether—after I packed them up together he laid his hand on the parcel and laid the money down—I said, "That is a bad 5s.-piece"—he must have heard that, he was quite close—he took the parcel and ran away out of the shop—I ran after him down the Holloway-road, and he was at length stopped—I swear he is the man—I followed, and kept my eyes on him—this (produced) is the 5s.-piece.
Prisoner. Q. Did you lose sight of me when I came out of the shop? A. No—I swear you are the same person.
PATRICK HENIGAN (policeman, N 297). I was on duty in the Holloway road on this evening, between seven and eight o'clock, and saw the prisoner come out of a turning—knowing him and his character I followed him—I heard a cry of "Stop thief!" ran after him, and ran him down—as we came back we met Mrs. Rumble, and she said, "That is the man"—he said he had not been to her shop.
Prisoner. Q. Did I not stop directly I saw you coming? A. You did not try to get away—you came very quietly—I ran after you, as I supposed you had done something wrong, being away from your home at that time.
GUILTY .*† Aged 28.— Confined Twelve Months .
were in my service—the paper produced is my property—neither of the prisoners had any authority to take it out of my office.
GEORGE GARRICK . I am in Mr. Thompson's service. On 14th Feb. I missed some paper from a stack in the office—it had been damaged by fire—I found some slips of paper—I asked the prisoners if they knew anything about it, and M'Sweeney said he had sold the paper to Mr. Wright, in Black more-street; that Mr. Wright gave 1 1/2d. a pound for it—I know Mr. Wright—I have compared the cuttings with the paper found, and they correspond in every way—Gibbard said he would not have done it if it had not been for M'Sweeney—M'Sweeney said he cut the edges, and that Gibbard had helped him to do so—I asked how he came to cut the edges, and he said Mr. Wright would not buy them unless the edges had been cut, that Mr. Wright told him to bring more, and be would buy as much as he liked to bring.
WILLIAM POCOCK (policeman, F 14). In consequence of instructions, on 16th Feb., I went to Mr. Wright's shop—he pointed out this paper to me—(produced)—we weighed it in the shop, and it was 70lbs.—it was in the counting-house, at the back part of the shop, on the side-board.
EDMUND LAWLESS (policeman, F 138). I took the prisoners—I asked them what made them cut the edges—they said Mr. Wright told them he would not buy the paper unless the edges were cut off—the paper had not then been found—M'Sweeney said, in Gibbard'a presence, that when he took the paper, Mr. Wright asked what he wanted per lb.; he said 2d., and Mr. Wright said he would give a 1d.—Mr. Sweeney said, in Gibbard's presence, that Gibbard had sold some.
M'Sweeney's Defence. Mr. Wright said he would buy as much as we liked to bring, but he could not buy it unless the edges were cut.
Gibbard's Defence. He said the same to me; he said, "Bring as much as you like, and I will give you 1d. a pound for it.
(Both the prisoners received good characters, and one of the witnesses stated that the Magistrate bound over Mr. Wright, in his own recognizances, in 50l., to appear here, and he had not done so.)
NOT GUILTY .
HENRY CRISPE . I am a furrier. On Thursday evening, 21st Feb., in consequence of something, I went to a public-house in King-street, Regent-street, and saw a coat there lined with fur, which was to be raffled for—I knew it well, and knew it to be the property of my employer, Mr. Morris Harris—I had not seen it in his possession for about three weeks—I made inquiry, and in consequence went to the prisoner's house—I did not find him, but afterwards saw him at a public-house—I asked him about the coat, and he said he had told the officer all about it—I went with him and the officer to a place to look for a person, but could not find him—this is the coat (produced)—I swear to it, every skin is marked—it is worth 20l.
Cross-examined by MR. PARRY. Q. Has it the marks now? A. Yes; it had never been sold by my master or me—there are no other shopmen but me—if it had been sold I must have known it—the public-house where I saw it, is not many yards from my master's shop—it was not to be raffled for there, but merely sent there to get a few members—it was not exposed to public view, but in a private parlour—I and the policeman went to Fish-mongers'-alley, in the Borough, to look after a man whose address the prisoner had in writing, but we could not find such a person.
ROGER WATTS . I live at Addington-street, York-road, Lambeth. On the Thursday or Friday in the week before I was before the Magistrate, this coat was brought to my employer's by a man named Croft, who offered it for sale—it was left all night, and returned to him next morning—shortly after that I went to Croft's house, and there saw Croft and the prisoner—Croft introduced the prisoner as the owner of the coat, and the prisoner wanted me to purchase it—he said he had taken it in exchange for a watch—he asked 5l. for it; I refused to buy it, and left it—Croft came after me, and offered it me for 4l. 10s.—I bought it for that, and the prisoner gave me a receipt for the 4l. 10s.—I did not find it of any use, and wanting to dispose of it by raffle, I sent it to a public-house in King-street, Regent-street.
Cross-examined. Q. Did you tell the prisoner you should send it to King-street? A. No; I did not mention that street; I said it would go to the West End to be raffled for—I should not think it is worth 20l., I put it up at 10l.—I did say I should send it to a house in the neighbourhood of Recent-street—there was no concealment about it—I have known the prisoner five years—I think he deals in watches—I know he winds up clocks for people in the neighbourhood.
GEORGE CROFT . I am a tailor, and know the prisoner. He brought this coat to me, and said if I could dispose of it among my customers, I should have a few shillings for myself—I showed it to several customers—it was at last sold to Watts for 4l. 10s.—Byworth sold it, but I negociated the sale for him—Watts said it was going to be publicly raffled for—the prisoner said he bought it of a salesman.
Cross-examined. Q. Where does the prisoner live? A. In the Westminster-road—I have worked for his father twenty years—I have always known him to be very respectable and honest—I never heard any charge against him—he also brought a common great-coat to me, which he said he took in exchange at the same time.
THOMAS GARFORTH (policeman, L 151). On Saturday night, the 23rd Feb., I went to a public-house in Mason-street, Lambeth, and saw the prisoner there—I asked him how he came possessed of the coat—he said he bought it of a Jew, and gave a watch and chain worth 7l. for it—I asked where the Jew lived—he said he did not know, without going home, but his name was Benjamin—we went to his house in the Westminster-road, and he brought this paper out, and gave it me—"L. Benjamin, 3, Fishmongers'-alley, Borough"—he said he asked him for his address at the time he made the exchange—we then went to the public-house in King-street, and the coat was shown me there, and I saw Crispe—I and Crispe then went to Fishmongers'-alley, and saw a man named Solomons, who I have known some time, and believe to be a respectable man; he said he did not know a man named Benjamin, in the alley—I went to several other places, but did not succeed in finding any one of that name—we then went to Tower-street station, and Crispe preferred the charge—I searched the prisoner, and found on him a watch, four sovereigns, 10s. 6d., and a knife.
MR. COOPER conducted the Prosecution.
JOHN BUCKLE . I am assistant to Mr. Rowlandson, of 83, Whitechapel-road. On 19th Feb. I saw a carpet bag under the counter at the back part of the shop, containing 40 yards of calico, and 10 yards of linen—I saw it several times—I saw it last on the 21st, about nine o'clock in the evening, in
a drawer, in the prisoner Edis's department—the same goods as I have described were then in it—on that night the shop was closed between nine and ten, and I went up-stairs to supper, leaving Edis to turn the gas off—Mr. Rowlandson was up-stairs, and Edis joined us soon afterwards—supper was over at half-past nine, and Edis put his hat on, and went down-stairs—he remained down-stairs two or three minutes, and then went out—I heard the door open and close—I then went down-stairs to the drawer where the bag had been, and which faces the entrance to the side-door, and the bag was gone—I looked for it, but did not find it till after the prisoners were brought back—I had seen Kempton and Edis before that evening in company—after they were brought in, I saw Mr. Rowlandson find the bag about a yard from the door which leads into the yard—it was just set down, rather underneath a bedstead.
Cross-examined by MR. PAYNE. Q. Had you had any quarrel with Edis? A. No, never—I am the head person there—I was not jealous of him because he was employed confidentially and I was not—I never said so—on the morning of the 27th or 28th, after this happened, one of the young men, named Wilkinson, cut his throat—he had not been examined at Worship-street—Mr. Rowlandson had not told him he should give him into custody—there was no charge against him that I know of—I swear I do not know why he did it—that is as true as the rest of my evidence—it was after Edis had been once examined—he is now in the Hospital—he had been in the employment about fourteen months—Edis had been there about five months—the bag was in the same place on the 20th as it had been on the 19th—it was in the drawer all day on the 21st, till the evening—I did not look behind the bedstead till the prisoners were brought back—upon my oath I did not see the bag till they were brought back—if I have sworn to the contrary, it is false—I am sure I never said, "As soon as I heard the door close I went down-stairs, and went to the drawer, and found it gone, and found it behind some bedstead behind the door, and it was shortly afterwards that the prisoners were brought back"—I know what a plant is—I swear it was not a plant, and I was not one of the parties—I was watching the bag from day to day—I told my master on the 21st, and he got a constable—that was not after I moved it to the door—I never moved it—I have been in the employment eighteen months—I do not remember my master having an action for false imprisonment brought against him, and having to pay 100l. damages—I have heard there was such a thing, but not from him—I do not know how much he had to pay—I have no knowledge about what the young man cut his throat for—I went to see him, but he could not speak—I found the bag, after the prisoners were brought back.
MATTHEW ROWLANDSON . I am a carpet and furniture manufacturer, in partnership with my brother, in the Whitechapel-road. On 21st Feb., in consequence of a communication from Buckle, my brother spoke to the police—about ten o'clock the prisoners were brought back to the shop, and a few minutes after that the carpet bag was found—I saw it myself first, about a yard from the side-door—the bag is our property, and contained a piece of calico, and two pieces of linen, also our property—the calico had been taken from Buckle's department—Edis was an assistant, and had been in our employ five or six months—on that night I had supper with the young men, between nine and ten—after supper, Edis went out with his hat on—as soon as we heard the door shut, we sent Buckle down—he made a communication to me both before and after that—he has been in our service about eighteen months.
Cross-examined. Q. Is there anything particular by which you know the calico? A. By the mark—I had not given the young man who cut his throat any intimation of anything to be done against him, nor had my brother—I do not know what he did it for—he volunteered to go to the police-court to speak something about Kempton having noticed him there—I did not tell him I should want him to go—I told him it was unnecessary—he did go, but he was not called—he cut his throat the next morning after he had been—his wife was in the hospital, and he had heard she was not likely to get better; and there was something about 14s., part of his wages, which had been stolen from his apartment—he is a person we thought highly of—I never had an action for false imprisonment brought against me—my brother had—the damages were not 100l.—it was settled, it never came into Court—there was 6l. or 7l. expenses, to the best of my recollection—I have been in partnership with my brother about three years—I do not know whether Edis is a man of respectable connexions—we got him from Mr. Timothy's, is Shoreditch—we took him without any particular character—he occasionally took money to the bankers, and occasionally collected money—we probably might have raised his wages, had he remained with us.
COURT. Q. Did you see Edis brought back by the policeman from outside? A. Yes—there were only Buckle, Edis, myself, and brother, at supper—the house is my dwelling-house, and is in the parish of St. Mary, Whitechapel.
THOMAS KELLY (police-sergeant, H 2). On the 21st Feb., about nine o'clock, in consequence of information, I went and put myself in a position commanding a view of the side-door of Mr. Rowlandson's premises—about half-past nine, or twenty minutes to ten, Edis came to the side-door, opened it, and looked up and down the yard cautiously—he then went down the yard to the street, and joined Kempton—they then both returned—Edis went in, and Kempton remained standing on the threshold—Edis was away a minute or more, he returned to the door, and looked up and down cautiously—at that time there was a person passing—he then went into the house again, and returned to the side-door in Jess than a minute—Kempton had not moved—they then both went away towards the street—I then received information that the bag was gone, and followed them into the Duke's Head public-house, in the Whitechapel-road, next door but one—I took them both into custody, and told them they were charged with stealing Irish linen, long-cloth, and a carpet bag—I took them back to the shop, and on the way Kempton thought to escape, by slipping his coat off.
Cross-examined. Q. Did Kempton say he merely called as a friend, to see Edis? A. Yes—I could not see that they took anything away with them—it was found they had gone without taking anything—I did not take any carpet bag away from either of them, nor find any on them—Kempton was never inside the house—the door was open when Edis came back with Kempton.
EDWARD WIGLEY (policeman, H 141). I went in plain clothes with Kelly to watch these premises—Kelly placed himself up Pavilion-yard, and I was in the Whitechapel-road—about quarter to ten o'clock I saw Kempton go up the yard, and return in about a minute or two with Edis—they passed close by me, and I heard Kempton say to Edis "Is it right?"—Edis said "Yes,"
Cross-examined. Q. Did you see them go to the Duke's Head? A. Yes,—I was at a shop door about three yards from the corner.
Q. You saw them both come out together with a bag, and go away together? A. I did not see any bag.
(Both the prisoners received excellent characters.)
NOT GUILTY .
616. EDWARD EDIS , and DAVID KEMPTON were again indicted for stealing 1 bag, 40 yards of calico, and 10 yards of linen, value 1l. 16s.; the goods of Matthew Rowlandson and another, the masters of Edis.
MR. COOPER conducted the Prosecution.
JOHN BUCKLE . I am assistant to Mr. Rowlandson. I saw this bag and what was in it, under the counter—on 21st I saw it in a drawer, about nine o'clock—I assisted in shutting up the shop, and at half-past nine I went up to supper-after supper Edis went down-stairs, with his hat on—after that I heard the door close—I went down, and the prisoners were brought back—after that I saw the bag, at the same time as my master, within a yard of the door.
JURY. Q. Who assisted in shutting up the shop? A. One of the boys—he is not here—he had access to the shop as well.
Cross-examined by MR. PAYNE. Q. How many persons were employed in the shop in the daytime? A. About five.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
EDWARD WIGLEY (policeman, H 141). I went to Mr. Rowlandson's on the morning of 22nd—I was shown a box—I found this key in a waistcoat, laying on the bed—it unlocked the box, and in it I found these two pieces of linen, ten silk handkerchiefs, and a looking-glass (produced).
THOMAS KELLY (police-sergeant, H 2). I apprehended Edis—before going before the Magistrate, I asked him whether he had got a trunk or box at Mr. Rowlandson's; he said, yes—I asked if he had got a key; he said he had—I asked him for it; he said, it was in his clothes—I asked him what part; he said he did not know.
Cross-examined by MR. PAYNE. Q. Did yon open a trunk? A. there was a trunk pointed out to me by the female servant, and by Mr. Rowlandson's brother—neither of them are here—we had searched a long time among the clothes; we could not find the key, and I opened it with one of my own keys.
Cross-examined. Q. Who slept with him? A. I did, and one or two others—I never saw him put his clothes in the box—he used to put them in a drawer—I did not know he left the key in his clothes—I swear I never saw it—it was a plain leather trunk—I suppose there are some nails about it—Mr. Rowlandson's brother, one of the firm, slept in the same room—there are two beds.
MR. COOPER. Q. Is that his trunk? (produced) A. Yes; and these are the things that were found in it—I was not present when they were found.
MATTHEW ROWLANDSON . The trunk was brought to the police-court while I was there, and I saw these goods taken from it—they are our goods, and have our private mark—he had no right to take them, and put them into his private box-they cost us 3l. 14s.
Cross-examined. Q. Is the private mark still on them? A. Yes; I live in the house—I kept a public-house for twelve months, and sold it last January—I have had a share in this business about three years—these goods are just in the same state as they would have been in the shop; perhaps they would have been a little better folded up—I was not present when they were
found—it was all done while I was at the police-court—my brother slept in the same room as the prisoner—he is not here.
MR. PAYNE to EDWARD WIGLEY. Q. When did you find the key? A. After Kelly had unlocked it with one of his own—it was in his waistcoat lying on the bed, which we had not searched before—it was pointed out to me as part of his clothes, but we did not find it before, being in a hurry to get back to the police-court—we did not make a careful search.
MR. PAYNE to THOMAS KELLY. Q. I thought you said you searched the clothes, and could not find the key for some time.A. I said we made a strict search of the clothes that were pointed out to us—the person who pointed out the clothes is not here—I do not know now that the waistcoat belonged to the prisoner—young Mr. Rowlandson and a female servant were present—the goods were folded so as to fit the top part of the trunk.
(The prisoner received an excellent character.)
NOT GUILTY .
GEORGE GRAY . On 1st of March, about seven o'clock at night, I was in Fox-court, Maiden-lane—something happened to my right-hand coat pocket—I turned round and saw the prisoner with my handkerchief in his hand—he ran away; I ran after him and he got away—I spoke to a policeman, and in about five or ten minutes I met the prisoner with another man—I said, "That is the man," and the officer took him—I am sure he is the man.
JOSEPH HOOLEY (policeman, G 42). The prosecutor pointed out the prisoner to me, and I took him into custody—he said he was innocent, he did not take it—going along, he said I should not get three shillings and a tanner for it a day, it was not a case, I should find nothing.
HENRY ATTWOOD (policeman, F 152). I produce a certificate of the prisoner's conviction—(read—Convicted August 1848, of stealing a handkerchief, 3 from the person; confined six months)—I was present—the prisoner is the person.
GUILTY.**† Aged 20.— Transported for Seven Years .
MARY ANN WARMINGTON . I am a laundress at Kensal New Town. I have employed the prisoner between two and three years—I discharged her about a month before I was before the Magistrate—on 5th March, in consequence of information, I went to her house with Crittall, and there found one of my customer's chemises, and a pair of sugar-tongs, three collars, a plate, and a handkerchief, my own property—I had sent the shift with some other linen, belonging to the same person, home in the cart by the prisoner.
ALFRED CRITTALL (policeman, D 239). I went with Mrs. Warmington to the prisoner's house, and found the shift, pocket-handkerchief, three collars, a pair of sugar-tongs, and a plate—the prisoner said they were her own property except the plate.
Prisoners Defence. It is my property except the plate; I have had the chemise some time, and the other articles have been in my family for years.
my sister's, except the plate, which was lent to her—the sugar-tongs are her own—I am twenty-one years old, and she has had them as long as I can remember—my father gave her all the things in the house, and they were there.
MRS. WARMINGTON re-examined. There is no particular mark by which I know the tongs—they were my husband's—I have had them four or five years, not in use, but in a drawer—there is no particular mark on the collars—I have had them by me for years—I owe the prisoner money, but I have been losing things all the summer.
NOT GUILTY .
620. WILLIAM THOMAS BRADLEY , unlawfully obtaining, by false pretences, 2 books, value 10s. 10d.; the goods of William Blackwood and another; and 1 book, value 24s., of Robert Gilbert and others; also, I book, value 5s. 8d., of Thomas Hamilton and others:to which he pleaded
GUILTY. Aged 26. Recommended to mercy. — Confined Four Months .
SUSANNAH BRUCE . I am the wife of John Bruce; the prisoner was in our employ, to carry out coals. About a fortnight after Christmas, he told me he had an order from Mr. Christmas, of the Burlington Arcade, for two dozen caps, which would come to 50s., and he should be obliged to give the order away for want of money, if I liked to have the order, he would give me the first chance, and my husband should go and get the caps from Union-street, in the Borough, and then get the money—my husband agreed to that, but afterwards could not go, and my husband asked him if he could be trusted with the money to go and get them without him—he said, "Yes"—I gave him the 50s.; it was my husband's money—I gave it him, believing he would go and get them.
Prisoner. Q. Did not you lend me the money? A. No; we were to divide the 10s. profit there would be, between us—I went to your wife the same day, and asked if you had come home—I did not tell her I had lent you 2l. 10s. to execute an order—I never lent it you—I did not ask her three or four times if you served any one in Piccadilly—sometimes I lend money to oblige people, but I never did to you—this money we had to pay the rent with on the following Monday—I never told Mr. Robins I had lent you some money.
SAMUEL CHRISTMAS . I am a hat and cap-maker, of the Burlington Arcade. I have seen the prisoner, and it is possible I may have had dealings with him, but I cannot say—I did not order twenty-four cloth caps of him.
Prisoner. Q. Did not I always do business in a straightforward manner? A. If you have called at my shop I have bought a thing of you, and paid for it—I never had any further dealings with you—I know nothing of you, whether you are honest or dishonest.
GUILTY . Aged 26.— Confined Six Months .
NOT GUILTY .
and Fleet-street; he sells boots and shoes. On 11th Feb., about six o'clock I saw three persons just outside the shop, close to the boots—the prisoner was one of them—I saw one of them take a pair of boots—I ran out, and saw the prisoner with the boots—I caught him, and gave him in charge—these are the boots—they are Mr. Towers' property.
Prisoner's Defence. Two men came running down the street, and three them into my hand; I did not attempt to run away, I gave them back.
GUILTY .* Aged 21.— Confined Three Months .
OLD COURT.—Saturday, March 9th, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; and
Mr. Ald. SALOMONS.
Before Mr. Recorder and the Second Jury.
MR. EWART conducted the Prosecution.
ELIZABETH GEORGINA DOWNES . I am a single woman, and live at 30, King-street, Drury-lane; in the same house with the prisoner and the deceased, Mary Ann M'Donald. On Monday, 4th Feb., about seven o'clock in the evening, I was in my room, which is only separated from the prisoner's by a thin wooden partition, I heard a wrangling between him and the deceased—they had been in and out all day, drinking and quarrelling, in consequence of the deceased having absented herself from her home—they returned about seven; and from the noise they made stumbling up the stairs, I presumed them to have been intoxicated, and I gave them a light, to enable them to unfasten their door—I heard them in conversation after they went in, but not apparently in anger—I did not pay much attention until I heard the deceased exclaim, "Now Bob, it is my turn"—that was about ten minutes after they had been in their apartment—there was then a struggle, but no talking, then a momentary silence; and then I heard the deceased say, "I think, Bob, you have done enough; I bleed very much; give me my shawl, and let me go to the hospital"—I then heard footsteps leaving the room—I did not see the deceased again until the Friday following, the 8th; she was then very ill in bed—the prisoner was present—he appeared kind and attentive to her, and her manner was quite composed—she made no complaint whatever—she said very little—she was too ill to speak—she had been to the hospital and returned—I advised the prisoner to have medical aid at once; he had no means of getting it himself, but as soon as he could get medical aid from the parish he did, which was the following morning, and she was promptly attended to by Mr. Bennett, at the parish infirmary.
CHARLES SMITH (policeman, F 87). On the evening of 4th Feb. I met the prisoner and the deceased, about seven o'clock—I knew them before by sight—she was then intoxicated, and very excited—I afterwards saw her again by herself—she was then bleeding very freely from a wound in the head (I did not observe that the first time I saw her)—she spoke to me as she passed—I believe she went to the hospital—I left her, and went down the street to see if I could find the prisoner, but I did not—I saw him between nine and ten next morning—I said, "I have heard that you have killed your wife?"—he said, "No, she is not hurt very badly; I will tell you how it
happened; we had been having a row together, and she took up the poker to me, and I took it away from her, and gave her a tap on the head with it"—I saw the body of the deceased afterwards, on the 25th.
Prisoner. Q. Did you not hear her make use of an expression on the previous evening, at the top of King-street? A. Yes; I heard her say that she would d. for you—there was a great deal of conversation passed between you.
GEORGE ELIN . I am house-surgeon at King's College Hospital, in Portugal-street. I remember the deceased coming there—she gave her name as Mary Ann M'Donald—she had a wound over the left temple, from which she was bleeding very freely, and had lost a quantity of blood—it was about three-quarters of an inch long, and to the bone—it was a few inches above the left ear—it might have been inflicted by such an instrument as this poker (produced)—I should say it was not such a wound as would be made by a fall against a chair—if she had the poker in her hand, and fell upon it, she might possibly have given it herself—she fainted once or, twice while I was dressing the wound—she was very anxious to go home that night, but she remained in the hospital till the next day—I considered she was not in a fit state to go home—I should say she was sober when she came to the hospital—she had been bleeding considerably—the whole of her things were saturated with blood—I did not see anything of the prisoner at the hospital—the deceased was brought there by two lads, in a cab, and her sister-in-law came for her next day—the wound was not in itself dangerous unless erysipelas supervened—erysipelas generally follows from scalp wounds—it depends very much on the state of the body and the extent of the wound, but all wounds on the head have a tendency to produce erysipelas—I did not see anything of her after she left the hospital.
WILLIAM BENNETT . I am surgeon of the parish of St. Giles. On Saturday, 9th Feb., I saw the deceased in the Infirmary of the workhouse, where she was removed after having been visited by the assistant-surgeon, who found her labouring under erysipelas of the head, and without any means of being properly attended to—I found her suffering from erysipelas of the head and face—on removing some plaister, which covered a spot about three inches above the left temple, I found an irregular-shaped wound, about three inches in circumference—the wound had sloughed, and the character of it had no doubt very much altered since its infliction—I should not think that at first it was a wound of any importance in itself, but erysipelas so frequently supervenes from injuries of that description that medical men attach more importance to scalp wounds than any other class of wounds, and an importance quite disproportionate to the extent of the wound at first—she remained in the Infirmary until 22nd Feb., when she died—the proximate cause of death was erysipelas, producing congestion of the brain, and effusion on the brain of about four ounces of serous fluid—that would be induced by some previous injury—the wound on the head was very likely to produce erysipelas, but I cannot distinctly state that it did produce it—I believe erysipelas occurs from atmospheric causes, and that it will not follow from any wound unless those atmospheric causes are prevailing, and the constitution of the patient is in a condition to absorb that poison, whatever it may be—in my experience I never found one solitary case of erysipelas; whenever it does occur it occurs in several cases, and I believe atmospheric causes influence it—the state of the blood and the body cause it, undoubtedly—a patient in a bad state of blood would be more disposed to absorb the poison—I believe that erysipelas is consequent upon atmospheric causes—I do not know what
those causes are—I do not mean exposure to the atmosphere, but the peculiar state of the atmosphere—it has been recently very prevalent in nearly all our hospitals, independent of external injury—I do not think it altogether depends on the state of the blood—a wound on the head, more than any other, would predispose a person to erysipelas.
WILLIAM TOMLINSON . I live at 8, Smart's-buildings, and am beadle of the parish of St. Giles. I recollect the deceased, Mary Ann M'Donald, being in the Infirmary of the workhouse—she died on Friday, 22nd Feb.—in consequence of her death I made inquiry at her late residence, on the Saturday afternoon—I saw Mrs. Dounes, and was asking her a few questions, when the prisoner and a woman came into Dounes' room—his room was locked—I asked the woman if she knew how it happened, and the prisoner made answer, and said, "It was done by the poker"—he then went into his own room; I followed him—he took this poker out of the fire-place, and held it up to show me the way in which the woman held it in her hand, saving that he was going to take it from her, and in doing so, he accidentally hit her on the head—I took possession of the poker, and have produced it to-day—an Inquest was held on the body—the prisoner expressed a wish to know when the Inquest was, that he might attend it—he was taken into custody that same evening, so that he could not attend.
The prisoner's statement before the Magistrate was read, as follows: "We were both sitting by the fire-place together, and she was jangling with me about my having another woman on the previous Sunday-evening, and if I dared to go to bed in that room she would be my butcher before morning; I said I certainly should; she said she would see whether I should or no; she took that poker from out of the fire-place, and got off the seat, and walked across the room, and she had it upraised as I was sitting down, and said, "It is my turn now;" and I got up and got hold of it underneath her hand, as she so held it, and gave it a snatch, and we fell on the floor, and she still had the poker in her hand; and whether the poker hit her head, or whether she struck her head against the chair, I cannot say; I laid down on the floor, she sat up, and said, "Bob, I think you have done it now? Look here, my head bleeds!" she then said, "Where is my shawl? Let me go somewhere and get it dressed; I gave her her shawl, and she went down-stairs; I laid down on the bed and went to sleep, not thinking she was hurt; I awoke about three o'clock, and not finding her in bed, I got up and struck a light; I saw some drops of blood about; I went down-stairs about seven o'clock, and then heard she was at the hospital, and that she was to be removed from the hospital, as it was full; she was brought home, and remained till the Saturday, when she was taken to the workhouse, where she remained till she died.
NOT GUILTY .
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
PILFOLD MEDWIN . I was the attorney for the defendant in an action of "Richardson v. Richardson;" I produce the record—Francis Richardson, the brother of the prisoner, was the plaintiff, and John Richardson, the uncle of them both, the defendant. This action was upon this promissory-note (produced), alleged to have been signed by the then defendant's mark—it was produced in the case—there were counts for money lent—the pleas were, that he did not make the note, and did not promise—I was present at the trial—the prisoner was examined as a witness—I saw him take the book, and heard the form of oath administered by the proper officer—I heard him give his evidence—Mr. Justice Erle presided, and the oath was taken in his presence—(MR. PAYNE
submitted that this did not amount to a satisfactory proof of the proper administration of the oath, but that the person who administered it should be called; at present it was not even shown what book was handed to the witness. The COURT was of opinion that, as it was proved that the book was handed to the witness, and the oath was taken in the presence of the Judge, it must be assumed that the book so tendered was the proper one on which to be sworn, unless the contrary was shown)—the officer who swore him was the same who swore all the other witnesses—I can give the purport of what he swore; I do not profess to give it verbatim—my memory is very distinct on the subject—I have Mr. Lush's brief, and I read his notes directly after the trial, but I prefer speaking from memory—I saw Mr. Lush take notes at the time—I saw the notes shortly after—among other things, the prisoner said that certain underwood purchased of a Mr. Clark, for 40l., was purchased by him for his uncle, and not for himself; and that he worked up the underwood, and converted it into hoops, hop-poles, faggots, and broom-staves, for his uncle, and not for himself; and that he received the proceeds of the underwood for his uncle, and not for himself; and that he paid over the proceeds as he received them to his uncle—he also said that his uncle told him to go to his brother, and ask his brother to lend him (his uncle) 40l. or 50l., and he would give good security, and pay him four per cent, for it—he said that he went to his brother, at Eltham, and repeated the message as near as he could in his uncle's own words; and that the brother then handed to him (the prisoner) 55l., having asked for 40l. or 50l., and told him to take it to his uncle; that he took the money with him to Slaugham that night, which he said was 22nd Nov., 1847; and the next day he went to Horsham, and got a note at the office, meaning the Stamp-office; that he then took it to Mr. Elphick, who wrote out the note, and that then he took the note, with the 55l., to his uncle; that he found his uncle at his own house, and he read it over to his uncle; and that the wife of the defendant also read it in the presence of Mrs. Field, who is a daughter of Mr. Richardson by a former marriage; and a man of the name of Reeves was also present; and that then the uncle made his mark to the note, and he (the prisoner) paid his uncle the 55l.—I believe that is all the material part—Mr. William Clark, the vendor of the underwood; Mrs. Field; and the Rev. William Sanderson, the rector of the place where the prisoner had lived for some years, were called for the defence—on the cross-examination of Mr. Sanderson, Mr. Bovill, who was for the plaintiff, surrendered his brief, abandoned his case, and would not proceed with it any longer—Sir William Erle immediately directed the tipstaff to take the prisoner into custody, and ordered him to be taken to the Queen's Bench Prison for a week; and, addressing the Counsel for the defendant, said that he did so to afford the opportunity of ulterior proceedings against him—I think those were the words he used—he was then taken, and he threw himself upon his knees, and said something which I was not near enough to hear.
Cross-examined by MR. PAYNE. Q. You did not yourself take any notes of the evidence? A. I did not—I have been in the same situation many times—I leave it to my Counsel—there was no shorthand writer—Mr. Lush is not here to speak to his notes—I am speaking from memory to-day, but it is corroborated by Mr. Lush's notes—I did not read Mr. Lush's notes for the purpose of giving evidence—I swear if I had not seen Mr. Lush's notes I could have told you what I have done.
WILLIAM CLARK . I am a farmer, living at New Timber, in Sussex. In 1847, and for some years before, I occupied a farm called Homestead Farm, in the parish of Cuckfield—I then had a slight knowledge of the prisoner—in the
winter season he was occupied in cutting underwood, and disposing of it for various purposes that it is appointed to—I knew his uncle John perfectly well; he lives at Warminglid, in the parish of Siaugham; his wife keeps a grocer's and provision-shop—some time at the latter end of Oct. 1847, the prisoner called on me, and asked if I had not a few acres of underwood to dispose of—I said I had, and he said he would go and look at them—I called it four acres, but there was a little short of that—he left me as I thought for the purpose of looking at it—I saw no more of him till he came again some time in November, and said he thought I had asked rather too much for them—I had asked 40l.—I said that was my price, whether he had them or not—he left me, and came again, I think, on 18th or 19th Nov., and said, "I have made up my mind to have the underwood"—I said, "Very well, it is a ready-money transaction, and I shall expect my money before you commence cutting"—he said, "Very well, if you will go over on the following morning, (I think this was the 19th,) to my uncle's, I shall leave the money there for you"—previous to my leaving home, I made a bill of the four acres of under-wood, and at the foot of the bill I made a memorandum, stating that the transaction was on the particular ground on which I had made the bargain with him—(This memorandum was headed, "Mr. Richardson, bought of W. Clark," and was signed "J. Richardson" and "W. Clark.")—I was not then in possession of his Christian name, and therefore I merely headed the bill"Mr. Richardson," as he was going to pay me for it—it was intended to be a sale to him and nobody else—this signature is not his writing; it is his aunt's—I said, "You sign this on behalf of your nephew, that you may have something to show that the money is paid to me," so she signed it on behalf of her nephew—I told him I should draw up a memorandum to that effect—I went to his uncle's on the following morning, the 20th, and received the money from the aunt—the uncle, I believe, and a Mrs. Field were present—the aunt brought the money down-stairs to me and said, "Here is the money as John brought it in last evening; I have never seen it or counted it"—it was in brown paper, and consisted of two 5l. notes, which I rather think were country notes, and the remainder in gold—she then signed the paper—a day or two after I think the prisoner came over, and set men to work cutting in the cover—I do not think he did much himself—I believe he sold the whole of it afterwards—I think his uncle came one day to look at it—he had been at Cuckfield, I believe, and on his return he called on me, and said, "I think I shall go and look at the copse-cutters"—after the cutting was finished, the underwood was measured at the joint expense of the prisoner and myself, by a man named Chilcot, and there was about eight or ten poles deficient of the four acres, and I paid back to the prisoner 12s. 6d.—the proper amount of deduction for short measure was 14s. 6d., and his share of the transaction was 4s. an acre, and I paid him 12s. 6d.
JOHN RICHARDSON . The prisoner is my nephew. I keep a small farm, and my wife keeps a shop—Francis Richardson is another nephew of mine—I never asked the prisoner to borrow any money of his brother for me—I never asked him to borrow a pound—I never told him to borrow it for his own use, and I would pay his brother back—I never said I would give his brother four per cent, for any amount that his brother lent me—he never came to me with the note that has been produced, and asked me to sign it—he never came to me with any note to which I put my mark—he never asked me for my mark—he never paid me 55l.—I do not recollect his bringing me any money in Nov. 1847, or at any time, only what he has borrowed, and I wish he had paid-me more of that—I was present when my wife paid Mr. Clark the 40l.
I heard Mr. Clark and my wife say it was 40l.—I never bought any under-wood of Mr. Clark, or authorized my nephew to buy it for me—he never made any underwood into hoops, hop-poles, broom-staves, and faggots for me, or sold any, and paid me over the money.
Cross-examined. Q. When was it you first heard your nephew Francis wanted the 55l. of you? A. Somewhere about last Aug.—in July last I might perhaps have gone to a person named Short, at Archway-place, Holloway—I there saw my nephew Francis—he showed me a piece of paper, and asked me whether that was my mark—my answer was not "I know I marked a paper, but I do not think it was that"—I said, I had never seen the paper, and had never marked any paper at all—I never did mark 'ere a one—I do not know my mark when I see it—it is not very often I make any—when I do make one, ten to one if I should know it again—my wife can write a little—I did not go to the Archway public-house at Holloway, where some one read the promissory-note to me—Francis did not tell me he had sent me the 55l.; I am sure of that—he said he had lent his brother John money for me, and I said, "I never had it"—he called another man out who was with him, and told him he would give him a handsome present if he could persuade me to pay it—I did not hear that—the man told me so—I am sure I told him I never had it, and never made the mark.
MR. CLARKSON. Q. When did you see Francis last? A. I think I saw him when we were at the Queen's Bench the first time—I do not know how long ago that is—I cannot say whether he is dead or alive—I have never heard of his death, and have no reason to believe he is dead—I am eighty years old—I saw Francis as we were coming away from the trial at the Queen's Bench—he spoke to me in the Borough, and said, "What shall I do now, uncle? "—I said, "You must do as you can now; you had never any business to draw up the bill for me."
ELIZABETH RICHARDSON . I am the wife of the last witness. I remember the prisoner coming to our house on 19th or 20th Nov., 1847—he brought 40l., and asked me to pay it to Mr. Clark for underwood that he had bought, and Mr. Clark was coming for it next morning—Mr. Clark came and received it—he never, in my presence, brought 55l. and paid it to my husband—I never saw him bring any note or paper which my husband signed—nothing of the kind took place in my presence—I never read any note which he brought to my husband over to him—a daughter of mine, named Field, was present when I paid the money to Mr. Clark.
COURT. Q. When did you first hear that the prisoner alleged your husband had put his mark to it? A. In May last—I had not seen my nephew Francis since a little after last Christmas twelvemonths.
MATILDA FIELD . I live at Slaugham, and am the daughter-in-law of John and Elizabeth Richardson. On 25th Nov., 1847, I was at their house—the prisoner did not then, or at any time, come there and produce a note-of-hand for John Richardson to sign—such a note was not read over to John Richardson by my mother in my presence, and he did not put his mark to it—I recollect the prisoner bringing 40l. on 19th Nov., 1847, for my father, to pay for some underwood he had bought of Mr. Clark—the money was given to my mother, wrapped up in a piece of brown paper—she put it away that night, and next morning I saw Mr. Clark come for it—I saw her hand the money over to him in the way she had received it—my father was not there when the prisoner brought the money—he was when Mr. Clark received it.
Cross-examined. Q. Did you go to Holloway last July? A. Yes, it must somewhere about that time—I went with my father-in-law and a
person named Feast, who lived at Horsham—he was not a friend of Francis's, and did not live at Holloway with him—Francis showed my father-in-law a paper at his lodgings—my father told him he never put his mark to the paper, and never saw it before—I believe Francis told my father-in-law, in the presence of Feast and myself, that he had sent the money to him by John—my father said he never sent him for the money, nor thought of any such thing—I am sure he said that—(The note beings ready was for 55l. at three months, dated 25th Nov., 1847, payable to Francis Richardson, with interest at 4 percent., and signed "John Richardson, his mark.")
MR. MEDWIN re-examined. The body of this note is in Mr. Elphick's handwriting.
GUILTY. Aged 28.—Recommended to mercy by the Prosecutor. — Fined One Shilling
NEW COURT.—Saturday, 9th March, 1850.
PRESENT.—Mr. Ald. FAREBROTHER; Mr. Ald. WILLIAM HUNTER; and
Before Edward Bullock, Esq., and the Sixth Jury.
JOHN BAILEY pleaded GUILTY . Aged 38.— Confined Three Months.
MORRIS WOOLF . I am partner with my brother Ezekiel Woolf—we live in Chester-street, City-road—we are watch and toolmakers—John Bailey was in our service about three months, and William about two months—I knew Jane Bailey by her coming repeatedly to the shop, at different time—I thought she came there too often—she passed as John Bailey's wife—on 11th of Feb., I was in the country, and my brother wrote to me—I came to town on the following Tuesday and spoke to the police—John Bailey was taken in custody—a tobacco-box and some cigars were taken from his pocket—the box was ours—he had been at work on our premises—I saw some articles found at his house.
THEODORE ROWE . I am shopman to a pawnbroker in Goswell-road. I produce some tools—I took in a portion of them from Jane Bailey—I knew her before—two of them I can swear were pawned by her on 30th Nov., and 6th Feb.
JAMES BRANNAN (police-inspector). On 13th Feb. I saw William Bailey come from the prosecutor's shop about twelve o'clock—he had a tobacco-box which he offered to a boy for three-halfpence—I took him to the station—he said he picked it up that morning at Islington—I went back to the prosecutor's, and saw John Bailey leave at one—I took him, and found on him some polishing tools—I then went to 11, Sydney-grove, Sydney-street, Goswell-road, and I found Jane Bailey—I found in different parts of the house about 1500 articles, and sixty-seven duplicates, some of which relate to Mr. Woolfs property.
JOHN HARVEY (police-sergeant, G 14). I went with the inspector to the house, and assisted to search—Jane Bailey said she did not know the things were stolen; that her husband brought them home, and said he was going to pay for them weekly.
WILLIAM BAILEY— NOT GUILTY .
JANE BAILEY— GUILTY .— Confined Seven Days.
NOT GUILTY .
SAMUEL THOMAS . I live in Salisbury-street, Lisson-grove. On Saturday, 2nd Feb., I gave my wife, between ten and eleven o'clock in the fore-noon, three half-crowns, seven shillings, twenty-three sixpences, twelve groats, and three shillings and three-halfpence in copper; the prisoner was in the room—I then left home.
Prisoner. Q. There was a watch at your house? A. Yes—I pawned it, but not unknown to the party it belonged to—I had it to sell—I never was tried for felony; I was convicted of a misdemeanour six years ago.
ELIZA THOMAS . On 2nd Feb. my husband gave me this money—I put the silver in a paper, and put that and the halfpence in a little basket—I put the basket in a box—I locked the box, and put the key into my pocket about eleven o'clock—the prisoner was present, and saw what I did—she had dinner with me, and remained with me till about four, when I went out, and asked her to take care of my three children while I was gone—I left the box between the cupboard and the sofa—I came back in about quarter of an hour—the prisoner was gone, and I saw two pieces of wood which had been broken off the top of the box—the box was still locked, and the key was in my pocket, but the hole at top was large enough to put both my hands in—I turned over one or two things, and found the money was gone—I did not see the prisoner again till 8th of Feb.—I had a shawl in the room, and when I was going out I had a very dirty dress on; the prisoner had a black shawl there, and she said if I put on her shawl my dress would not look so bad, as mine was a light shawl—I put on her shawl, and threw mine on the bedstead—it was worth about six shillings; hers was not worth more than sixpence—when I came back the shawl was gone—the prisoner had been with me eight days; she was in distress, and I gave her such as I had.
Prisoner. Q. What did you go out for? A. To go to my mother's, to borrow five shillings—I have never borrowed any thing of you before—I have only one room—the money my husband gave me was put by to pay his master—we dared not touch it.
PETER TREVETHAM (policeman, D 244). On 8th Feb., I took the prisoner at the Great Western Railway—I told her it was for what she had done at Lisson-grove—she said she had done nothing there—as we went to the station, she said she knew what I took her for, but she did not care; perhaps other persons would take better care of her than she did herself—when at the station, she said she had the shawl, but the money she knew nothing about.
JANE GIDDENS . I keep the house, 57, Salisbury-street, where the prosecutor and his wife live. I remember Mrs. Thomas going out on 2nd Feb., and shortly after she was gone, the prisoner came and asked me which way Mrs. Thomas had gone—I said she had turned to the right—the prisoner went out and turned to the left—she had Mrs. Thomas's shawl on.
Prisoner's Defence. I got acquainted with this man and his wife, and I have lost good situations for taking things to them; he takes a cart about, and gets things which people take from doors; I did not take the shawl to
steal it; I had no other to wear; I am innocent of thieving, but have done wrong, and have suffered severely for it.
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
FRANCES ANN SCOTT . I am the wife of William Scott, of Clerkenwell—he is infirm, and not able to attend to business—the prisoner had been in my service nearly four years—on 24th Jan., my attention was called to a ring by a lad named Popkins, who is in my service—I confined myself at home that day, watching the boy, fearing he had misinformed me—in the evening, after the prisoner and the other men had left, the boy remained, and I went in the shop, and found the ring where the boy had told me, hanging by the side of a bench, in a secret place, where it had no right to be—the prisoner worked in that shop, and could work at both the benches—I took the ring out, marked it with a file, and replaced it where it was—this is it—it is my husband's—I never gave the prisoner permission to take it off the premises—it was the prisoner's duty to pack clock cases, and to carry them out—on the 24th I directed him to take some, with two spring dial cases to Mr. Schwabe's in the London-road—they were in the shop from which he would have to take them—I went in before he began packing, to look at the goods—when he had got them packed, I went into the shop as he was tying the basket down, and I ordered him to take out two frames, which were to go to another customer—I said, "They are not to go till to-morrow, when I have more goods to send"—he took them out—I did not count the goods in the basket—this is one of the nine inch frames—I have marked it since—it has been given me by the policeman since—I know it to be my husband's—it is worth 1s. 3d., and the ring about 2 1/2d. or 3d.—the prisoner had no right to have more than one dozen frames.
Cross-examined by MR. PARRY. Q. Did Mr. Scott take any part in this? A. No—he was at home, but the business is under my management—I think Popkins is about twelve years old—he is a nephew of the prisoner—I was afraid he had told me a falsehood—he has told me falsehoods frequently, and therefore I did not like to accuse the prisoner of doing wrong, till I proved it—this ring hung by itself—the bench was close to the wall—it was nearer to nine o'clock than six when I marked it—the boy was then gone home—I had occasion to threaten to whip him when he told me this—I told him I would chastise him if he did not tell me the truth, and then I taught him the nature of an oath—I had not a whip with me—I do not know how often I had flogged him before, but I had his mother's authority to flog him—his uncle paid him—I said to him, "How ragged you are"—he said, "I have some things in pawn "—I said, "How much would it take to get them out? you are so ragged, I will get them out for you"—this was on Saturday morning—the clothes had nothing to do with his being whipped if he did not tell the truth.
MR. CHARNOCK. Q. This boy was in the service of the prisoner, his uncle? A. Yes, and he paid him—on the Saturday the prisoner was in custody, I spoke to the boy about these things—I did not propose to give him these to speak what was not true.
JOHN POPKINS . I am nephew to the prisoner. I was working at Mr. Scott's with my uncle—I made a communication to Mrs. Scott on the Wednesday, about a ring—I found that ring placed by the side of the bench—it could not be seen there—that was not the proper place for it—I had not put it there, or seen any one put it there—it was a ring like this—I was in
the shop on the following day, when my uncle packed up the basket—I then saw the ring on the shelf—it had been removed—there were frames on the bottom shelves—the ring was on the top shelf, it could not be so well seen there—I did not see him put the ring into the basket—if it was in, I do not know how it got there—I looked at the place after he had gone out, and it was gone—I had seen it there in the morning, and my uncle went out with the basket between six and seven o'clock in the evening—I gave him about half of the frames to put in—he was to put in a dozen of nine-inch frames—I do not know anything about his putting in thirteen—it was not done with my knowledge.
Cross-examined. Q. When was the basket packed? A. At night, just before it went out—it was packed with hay—I helped to pack it—my uncle brought it out to be packed—it was not in the shop all day—I had seen it down stairs before it was packed—I bad been in and out all day—Mrs. Scott threatened to flog me—I was to be flogged if I did not tell her all about this—the said she would give me a new suit of clothes—that was at the time she threatened to flog me—I have been flogged for telling stories before—my mother has charged me with stealing, three or four times—I have been whipped for that.
MR. CHARNOCK. Q. Did you tell Mrs. Scott yon had some clothes in pawn? A. Yes—it was on the Saturday she told me if I was a good boy, and spoke the truth, she would take out my clothes, and make me a little more decent—it was on the Thursday she told me if I did not speak the truth she would flog me—on that day I made a communication about the ring—I cannot tell whether this is the ring I saw hanging on the bench, or the one that was on the shelf—when I saw the ring on the shelf, the ring was gone from the bench.
HENRY TYLER (policeman, A 412). On Thursday an application was made to our office, and I and Jenkinson were on the watch outside the prosecutor's house—between six and seven o'clock in the evening I saw the prisoner come out with a basket—he was alone—I followed him, and asked what he had got in the basket—he said some goods he was going to take of over the water for his master—I said, "Have you any more in your basket than what your master sent you with?"—he said, "Certainly not"—I then took him into custody, and told him he was charged with stealing two clock-frames—I searched his basket at the station—it was a deep one—the things were packed with hay—I found this ring completely at the bottom—the other articles were clock-frames—I said to Mrs. Scott, "Does this belong to you?" she said, "Yes"—the prisoner said, "I am completely stunned, "or something to that effect—I did not count the frames at that time—the basket was kept in the station all night.
Cross-examined. Q. In order to get the ring, you had to take out all the frames? A. Yes—when I took the prisoner I did not tell him he was charged with stealing a ring.
JOHN JENKINSON (policeman, G 53). I was with Tyler when we took the prisoner—this ring was found at the bottom of the basket—the basket was delivered to Brazier the next morning in the same state that it was before, with the exception of the frames being taken out and put in again—I did not count the frames at the station.
WILLIAM BRAZIER . I am in the employ of Mrs. Scott. On Friday morning, 25th Jan., I received the basket at the station—I took it to Mr. Schwabe's as I received it, and unpacked it in his shop—I found thirteen nine-inch frames in it—this is one of them.
Cross-examined. Q. Has Mrs. Scott ever threatened to whip you, or done
so, or ever charged you with telling stories? A. No—she has never given me a suit of clothes.
(The prisoner received a good character.)
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
FIEDEL HEITZMAN . I live at 40, Norton-Folgate—I am a clockmaker—I deal with Mr. Scott. The prisoner came to me on 22nd Jan., about eight o'clock in the evening, and asked me if I wanted any frames—I bought two of him for 3s.—he had another parcel with him—the frames were in some handkerchief or cloth, covered up—this is one of them—I saw Mrs. Scott two or three days afterwards—I had then sold one frame—she bought the other of me—I did not mark it—I am sure this is one I bought of the prisoner.
Cross-examined by MR. PARRY. Q. You knew the prisoner very well? A. Yes, for fifteen months—I was in the habit of purchasing a great quantity of things of Mrs. Scott—I had dealt with her twelve months or more—the prisoner sold me things for her—he came for orders—sometimes I paid him, and sometimes Mrs. Scott—sometimes Mr. and Mrs. Scott came together—Mrs. Scott did not tell me that the prisoner had a commission—I know this frame—here is a mark on it—the mark was not on it when it left my shop—this "H" was put on it afterwards—I did not put it on—I know it by the catch; that was on it before it came to me—all frames have not a catch—I put it in the window—there were only these two new ones—there were only second-hand ones.
FRANCES ANN SCOTT . I am the wife of William Scott. I went to Mr. Heitzman on 24th and got this frame from him—I paid 1s. 6d. for it—that was the price that he alleged he had given for it—it is my husband's—I made this mark "H" on it—I have had it in my custody since I had it from Mr. Heitzman—it is what is called a nine-inch frame—it is not finished—it is not in a state in which it would be ordinarily sold—it wants a piece of brass here, which we call a catch—here are three marks round this frame made by a chisel by the man who made the frame—if any other man made it, it would be marked by another chisel—this was made by the prisoner's father—I would not swear that I saw him make these marks on this, but I have seen him make marks on others—our men who make frames put particular marks on them—this is such a mark as the prisoner's father was in the habit of putting on the frames he made—the mark is three lines or rings, and this tool (produced)is a tool the prisoner used, to cut out these small pieces—I did not authorize the prisoner, on 22nd Jan., to sell this and another frame to Mr. Heitzman—he had no authority to take it to Mr. Heitzman either as a commission-agent, or in any other way—the prisoner was paid for piece-work, so much a dozen, and he had 5s. a week for taking out and delivering goods—when he took goods he was to bring the basket back.
Cross-examined. Q. Mr. Heitzman is a customer of yours? A. Yes; the prisoner has brought me orders from him—I sent him to get orders, but he had no orders to take goods from my premises without my permission—he has taken goods from me to Mr. Heitzman frequently—Mr. Scott is in a state of imbecility—he goes and orders things in for me that he is capable of doing—he does a little writing in the books, but not at all times—if goods are sold to Mr. Heitzman, they are put in books first as sold, and afterwards as money received—my husband makes entries in the books when I wish him to do it—we have a book in which entry would be made of two frames sold to Mr. Heitzman, what we call the day-book—it is not kept in the work-shop,
but in the office—if the prisoner takes an order from Mr. Heitzman, he is to bring me word what he wants—if he brought word to my husband, he would tell me of it—there was no one to whom he could bring word but me and my husband—I never go out till evening—I have never brought this chisel forward before to-day—I knew of this frame when the prisoner was before the Magistrate—the Magistrate examined this case, and dismissed it—the prisoner's father was examined, and denied turning that frame—Brazier was asked a question, and this frame was put into his hand, and into the prisoner's father's hand—the prisoner's father turned these frames for me—I do not know that he now turns them for himself—the father and son were taken into custody—Popkins was taken away from me; I do not know for what purpose—I had no wish for him to go—I had an inclination for the boy, and proposed to his parents to have him—they told me I should have him, but they took him away—I have not asked the boy about this frame, only what he told me—he was the first person who told me about it—he told me previous to his telling about the ring—I threatened him about the whip if he did not tell the truth—I had nothing in my hand—it is a whip which I believe is called a cat-o'-nine-tails—I have flogged him with it by permission of his parents—I did not threaten to flog him again when he told me about this ring and the frames, unless he told me the truth—I guarded him against telling me an untruth—I said I would punish him if he told me an untruth, and the Magistrate would likewise—I did not at the same time tell him I would give him a suit of clothes if he told the truth—I did not promise him anything of the kind—I did say I would not swear to this frame at the police-court, but having compared this tool to it, I will swear to it.
MR. CHARNOCK. Q. Was it on the Thursday you said you would chastise him if he did not tell you the truth? A. Yes; and on the following Saturday I told him about the clothes—I sent him to Mr. Heitzman to know if he wanted any frames, and it was in consequence of the message that he brought that I went to Mr. Heitzman—till then I had no knowledge whatever that these frames had been sold to Mr. Heitzman—I went to Mr. Heitzman on the Thursday, and found the frame there—the prisoner went sometimes and got orders, and it was his duty to bring word to me what my customers wanted—he had no right to take goods out of my shop without my permission—he had not my permission to take these two cases.
MR. PARRY. Q. Did you allow him a commission? A. If he got a customer that was not mine, and got an order, I allowed him a commission of a penny a frame; I could not afford to allow him more, but Mr. Heitzman was a customer of mine—the prisoner was not to take goods without my knowledge.
HENRY GIBBONS . I live at 48, St. John-square; I am a brass turner. Some time ago I worked in the service of Mr. Scott—the prisoner's father worked there also—the men who turn the frames, make marks on them—they used a chisel for that purpose—I should say when I worked there, the prisoner's father made this frame—this is the mark he used to mark them with.
Cross-examined. Q. Do you mean that others might not make these marks? A. No; I should say that any tool run round here would make these marks—some mark inside, and some mark outside—the prisoner's father always made them in the middle, as this is—other shops have them made, but they have their private marks to them—some make no marks—it is nearly two years since I worked there.
NOT GUILTY .
GUILTY . Aged 22.— Confined Three Months.
RICHARD FOWLER . I am footman to Miss Gould—I have been nine years in her service—she is single. The prisoner was employed there as a char-woman—the plate, and knives and forks, were under my care—about six months ago I missed eight silver tea-spoons and one dessert-spoon—on 11th Feb. I sent for the prisoner, and asked her about the spoons—she said she did not know anything about them—I said, "You had much better own it, because I have got a policeman ready"—she then asked to be allowed to go away—I would not let her—the policeman came, and I went with him and the prisoner to Great Barlow-street.
Prisoner. I said, if you would let me go, I would get the property and return it. Witness. Yes, you did.
JOSEPH NIFTON (police-sergeant, B 17). On 11th Feb. I went to Miss Gould's—I saw the prisoner there—I told her she was accused of stealing plate in the house—she said she had—I and Fowler went with her to her lodging—she got a light—I searched, and found thirty-seven duplicates in her hand—I did not see where she got them from—she pointed to a cupboard, and said all the duplicates she had were there; but I found none there—she said I had no occasion to show all the duplicates unless I liked—six of them allude to silver spoons.
WILLIAM JONES . I live at a pawnbroker's, in South-street, Marylebone. I produce five tea-spoons, pawned by the prisoner, some in March, some in June, and some in July—I recollect three of them being pawned by her, and the others I have no doubt were—these are the duplicates.
SARAH JANE JEFFREY . I am cook to Miss Charlotte Augusta Chetwynd Gould—I have been eight years and a half in her service. The prisoner used to come and char there—I heard of these spoons being missed—I misted more than one sheet—here is one produced, and a towel—I know by the marks that they are my mistress's.
Prisoner's Defence. I am a poor widow, with a large family; what I have done was from distress; I meant to return them again.
Prisoner's Defence. I bought it in Manchester-street.
GUILTY . Aged 45.— Confined Twelve Months.
Clerkenwell. About seven weeks ago I discharged the prisoner—she had been in my service between three and four years, as a weekly servant—these articles produced belong to me—these boots belong to my eldest child—I cannot tell when any of them were safe, as I am away from home all day in Farringdon-market—I have not seen these things for a long time—I have been missing things for the last two years—I do not think I have seen these boots for twelve months—on the day before I went to the Magistrate, a policeman came to me at the market, and told me that the prisoner was in custody—he showed me some duplicates—I can swear these articles are my husband's.
Prisoner. I gave 7d. for the ticket of the pillow; this shawl I had before I worked for you; a person gave me one of these shifts; I have had it four years. Witness. This pillow is mine, we have the fellow one at home—I have no particular mark on it—this towel I know by the tape which I put on it myself—I know this blanket by a mark of my own on it.
EDWARD WILLIAM HUMBLESTONE . I am a pawnbroker. I produce these articles, which Mrs. Morley identifies—I took them in of the prisoner—I have known her for some time—some were pawned on 6th June, some on 1st of August, and 9th Oct., and these boots on 16th Feb.
Prisoner. Q. You have had those boots a long time, and they were out and backed again? A. Yes.
Prisoner's Defence. These are not Mrs. Morley's things; I had them before I worked for her; I was not her servant.
GUILTY . Aged 48.— Confined Six Months.
(There was another indictment against the prisoner.)
ALEXANDER BARTLETT (police-sergeant, T 45). On 12th of Feb. I met the prisoner, about half-past three o'clock in the morning, in Great St. Andrew-street, Seven-dials, with two other men—I did not speak to him then—about half-past five I saw them all three coming down Church-passage—the prisoner was following the other two—I stopped him, and said, "What have you got here?"—I put my hand on his right-hand coat-pocket, and felt these things rattle—he said, "It is all right"—I took these things out, and these nine skeleton-keys—he had this jemmy under his right arm, and these lucifer-matches and some wax-taper in his waistcoat-pocket—I took him into custody—I tried these skeleton-keys at 66, Dean-street—five of them will open the shop-door, and this one will open the private street-door.
JOSEPH HOLT . I am a chaser; I have a shop at 66, Dean-street, in the parish of St. Anne, Westminster—I live in Camden-town. On 11th Feb. I left my shop about eight o'clock in the evening—the things were all in proper order, and the shop safely locked up—next morning I found the shop-door nailed up—I went in, and missed all the things mentioned—these articles produced were in the shop when I left the evening before, and were gone in the morning—the value of all I lost was about 11l.
Cross-examined by MR. RIBTON. Q. Are you sure you left the shop
perfectly locked? A. Yes, and the window was fastened with bars and screws—I sell pictures and a variety of things—I lost six or seven pins, some paint-brushes and buckles, and two snuff-boxes, in addition to what are here.
REUBEN BAXTER . I am a paper-hanger, and lodge at 66, Dean-street, where this shop is—it is let out in lodgings—the landlord does not live on the premises—on the morning of 12th Feb. my bell rang at six o'clock—I went down, and found Mr. Holt's shop-door open—I nailed it up.
GUILTY . Aged 25.— Transported for Ten Years.
MARGARET ANN SMITH . I live at 23, Rose-street, Long-acre. Frances Twigg is the housekeeper—it is the dwelling-house of Thomas Twigg—he does not live there—his sister-in-law keeps the house—he comes of an evening—the prisoner lived there—I missed nine sovereigns, three dresses, and a shawl out of my box in the kitchen on 1st Feb., I discovered the box was open—I had seen my things safe the day before, and the money in the box—the prisoner was then in the house—she left when she was accused of the robbery, and I saw no more of her till the officer took her a week afterwards—these are my three gowns—I found four duplicates in the tea-caddy, but not belonging to these things.
GEORGE HEDGES (policeman, S 219). I took the prisoner at King's-cross, on 19th Feb.—I told her she must go to the station with me for stealing nine sovereigns and three dresses—on the way to the station she said she had robbed the prosecutrix of the dresses and nine sovereigns, and she had bought a watch and guard and several other articles with the money, and she had got rid of it all.
GUILTY of stealing only. Aged 20.— Confined Six Months.
ROBERT THOMPSON . I am a tailor, of 184, Strand. It is my dwelling-house, and is in the parish of St. Clement Danes—these coats are mine—the policeman brought these and the prisoner to my house on 4th March, between six and seven o'clock in the evening—the coats are worth 5l. 5s.
DANIEL MAY (City-policeman, 357). On 4th March I saw the prisoner and another boy in Fleet-street, a little after six o'clock—I watched them—they went to the prosecutor's—the prisoner walked into the shop, and took these five coats—he came out, and I took him with them—the other boy was wasting outside for him.
Prisoner. I did not take them, the other boy took them.
GUILTY .† Aged 16.— Transported for Seven Years.
JOHN JACOB HOLBROOK . I live in Garden-row, Knightsbridge. On the evening of 4th March, a little after twelve o'clock at night, I was in Sloane-street, going home—I was quite drunk—I was knocked down in Sloane-street, and a man put his hand in my pocket—I am sure there was a man there, he came close in front of me; it was the prisoner—I had my senses sufficiently about me to mind the man so as to know him again—he got his hand in my pocket—I seized his hand; he got it away, struck me on the face, and knocked me down—what he took out I don't know—when I left home, about eight in the morning, I had two crowns, two half-crowns, and three shillings—I drank some spirits in the forepart of the day—I drank very little afterwards but beer—after I had been knocked down, the policeman came, and I told him that a man in livery had knocked me down—I know that I had changed one crown-piece—I cannot swear what was the last time I had my money—I left the Clock House about five—I think I then went to Pimlico—I think I must have been in some public-houses after that, before I was in Sloane-street—I was quite drunk, but my senses had not left me—I do not believe I had seen the prisoner before.
Prisoner. Q. Did I not drink with you in the Prince of Wales, in Sloane-street? A. No; that is a house I never go to—I do not think I was drinking gin there on Monday night.
ALEXANDER HARGREAVES (policeman, B 62). At quarter-past twelve at night on 4th March, I was on duty in Sloane-street—I saw two men standing towards the garden; I thought they were in conversation—one of them, whom I did not know at the moment, knocked the other down by pushing or kicking him—he fell from the kerb into the street—there were no other persons but those two—I ran across the street and saw the prisoner; he was one of the two men—he ran away; I overtook him, and knowing him previously, I said to him, "What have you been at? "he said, "It is all right"—I said, "I don't know that, stop!"—he said, "I have got the carriage to get ready; good-night"—I knew him to be a private in the Grenadier Guards, and servant to Captain West—he went on, and I went back to the prosecutor, who was endeavouring to rise—I knew he did not fall down himself, I saw the arm go out when he fell—his nose was bleeding very much—he was drunk, but still appeared sensible in what he had got to say—he told me what occurred, and 1 went to the stable where the prisoner was—I knocked, the prisoner came—he said he should not open the door unless I told him what for—I said, the man he had knocked down in Sloane-street accused him of robbing him of five shillings—he said, "It is only one"—putting his arm out, and giving me a shilling, he said, "Take it, and make it all right, as you know me"—I got my foot in at the door, and dragged him out with some difficulty—he persuaded me to let him go—I said, it was what I could not do—I took him to the prosecutor, and he said, "That is the man that robbed me, and knocked me down"—the prisoner said, "That is the fruit of getting into such company; I have been drinking with him at the Prince of Wales"—the prosecutor said he had the crown-piece, that he did not remember to have changed, and some other money—I searched the prisoner at the station, and found two half-crowns and one penny-piece on him.
Prisoner's Defence. I was drinking with this man—he came out, and said he would give me a shilling if I would show him the way to Pimlico—he gave me a shilling, and then said I had robbed him—I had three half-crowns, which got from the pay-sergeant.
GUILTY . Aged 24.— Confined Twelve Months.
Before Edward Bullock, Esq.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
KIRBY pleaded GUILTY. Aged 18.—Recommended to mercy by the Prosecutor, who promised to employ him again. — Confined Two Days
GEORGE THOMAS WANGER . I am a farmer at Chingford. On 23rd Feb, my attention was called to the loss of some hay from my shed, and I observed marks of something being passed over my paling, near the shed—I traced it across the fields about 300 yards, to Webb's garden, where I found nearly a truss and a-half of hay, which I identified—in consequence of a question I put to Webb, he opened a shed door and I took up some hay, and said, "This is my hay, and I will swear to it"—I found Kirby lying down near the hay, and I asked him if he knew anything about it; he denied all knowledge of it, and so did Webb—he said he did not know how it came there—I sent for a policeman, and when he came Webb begged for mercy, wished me to settle it, and said he would pay me for it—Kirby has worked for me several times.
Cross-examined by MR. PAYNE. Q. Was it Sunday morning when you went to Webb's? A. Yes; I asked him where he kept his hay, and he opened the shed, and showed me where it was—be said it was his at first, and when I said it was mine, he said, "Then if it is yours, I do not know where it came from"—when I sent for a policeman, he said, "For God's sake make it up, on account of my wife"—I do not think his wife has very good health—he was admitted to bail by the Magistrate, and has surrendered here.
HENRY WANGER . On 23rd Feb., I counted eight trusses of my father's hay in his shed—about nine in the evening I missed some, and traced where some hay had been put over some palings—I went to the hedge in the field adjoining the road, traced some hay on the ground there, and on the hedge across the road, into the field adjoining Webb's premises—I noticed some hay had been put over there to his premises—I saw the hay that was found on the premises—it is my father's.
WILLIAM BOWLER (policeman, N 408). I was called to Webb's premises, and saw some hay in the shed, and Kirby lying on it—Webb said he did not know how the hay came there, and Kirby said he had not brought it—Mr. Wanger said he could swear to it—I said I should take him into custody, and Kirby then said, "I took the hay from Mr. Wanger's stack, and brought it to the shed, and Webb gave me 1s. for it"—Webb did not attempt to deny it, but said, "Oh, dear! oh, dear! Mr. Wanger make it up; I will pay you for the hay; I will give you anything"—he afterwards said his wife was very ill, it would be the death of her if I took him to prison—he begged a great many times of Mr
Cross-examined. Q. He seemed very much flurried and agitated, did he not? A. Yes.
(Webb received a good character.)
WEBB— NOT GUILTY .
Before Edward Bullock, Esq
WILLIAM MARTIN . About one o'clock on Sunday morning, 17th Feb., I was alarmed by the policeman—I came down and missed a pair of breeches, a pair of braces, and a towel which were safe when I went to bed on Saturday night on the palings near the store-house, out of doors—these are them—they are all mine.
BENJAMIN TRAWIN (policeman, K 295.) I was on duty about one o'clock that morning in Fisher-street, Barking—I went round the back yard of Mr. Martin—I saw Langley outside the warehouse, and Armitage passing through a hole in the palings—Langley saw me and dropped these things—I jumped over the palings, seized him and Armitage, and took them to the station—I returned and called Mr. Martin.
Langley. I never dropped these; they fell off the rails.
ARMITAGE— GUILTY . Aged 18.— Transported for Seven Years.
LANGLEY— GUILTY . Aged 19.— Confined Eight Months.
GUILTY . Aged 18.— Confined Nine Months.
Before Edward Bullock, Esq.
CHARLES ATKINS . I am constable of Lewisham. On 20th Feb., I was by the George, and saw the prisoners with a wagon and three horses—one of them took a quantity of corn in a sack from the wagon and handed it to the other, who put it on the shaft, and then took it into the stable of the George, and handed it to the assistant to the horse-keeper, William Pledger—I went in and asked the man for the sack, and got it—the corn had been shot into the bin—it was taken out and put into the sack again—I took a handful of corn out of the nose-bag, and it exactly corresponded with that in the sack.
WILLIAM WILKINSON (policeman, R 235). I took the prisoners that evening—I told them the charge was stealing their master's corn—they said they had not stolen it, it was put out of the wagon to feed their horses, and it had not been in the stable.
WILLIAM WALTON . I am a coal-merchant, of Peckham. Warren was in my service, and had a wagon and horses under his care—Langley had worked for me—this sack is mine—this corn is the usual sort that they take out to feed the horses—I allow them half a bushel of oats a day for each horse, and they have chaff to mix with it—I do not allow them beans, but the day before this they had beans on account of one horse being ill as they said.
Warren's Defence. Neither of us carried it into the stable.
Langley's Defence. I put the sack on the shaft; I did not take it into the stable.
NOT GUILTY .
MESSRS. BODKIN and DAWSON conducted the Prosecution.
WILLIAM EDWARDS . I live at the City Arms, Deptford. On 12th Feb., about eleven o'clock, the prisoner came—he recognised two young men, and asked them to drink—he called for some rum, and paid with a good sixpence—he then called for a glass of rum-and-water—I served him, and he put down a counterfeit shilling—I said it was bad, and he gave me a sixpence—one of the young men took up the shilling, bent it, and said, "This is a bad one"—the prisoner said, "Perhaps you will say these are bad ones" pulling several shillings out of his pocket—he said he took them in change for a sovereign—he had been drinking, but was not drunk.
JOHN MOY (policeman, R 48). I was on duty near this public-house—I heard something, and watched—I saw the prisoner in the public-house—he had a bent shilling in his hand, and was trying to flatten it on the counter at the bar—he then put it in his pocket, and came out of the house with two lads—a female joined him a short distance from the house, and they all went on towards the Broadway—I and another officer followed them—they stopped at the Broadway—while they were standing, the prisoner put his hand in his trowsers pocket, and was in the act of drawing something out—the other officer seized him, and kept his hand closed till he got him to the station—I took the female—I had heard the prisoner say in the public-house that he had got change for a sovereign, and I asked him where he got it—he would not give me any answer, but abused me—I saw his hand opened, and six base shillings, and five good sixpences were in it.
WILLIAM THOMAS ARTHUR (policeman, R 202). I was with Moy—I saw the Prisoner, and two boys, and a female—when they got to the Broadway, the prisoner put his hand into his left-hand trowsers pocket—I seized his hand, and took him to the station—he refused to open his hand till he was forced, and six bad shillings and five good sixpences were in it.
GUILTY . Aged 20.— Confined Eighteen Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
SAMUEL WILLIAM SMITH . I keep the Druid's Head, Church-street, Deptford. On 19th Feb., about a quarter before six o'clock in the evening, the prisoner came for a pennyworth of gin—I gave it her—she handed me a sixpence—I said, "This is a bad one"—she said "I was not aware of it; I know where I took it, I will take it back"—I said, "Give me the change back"—she did so—she told me to let the gin stand there, and she would come back—I gave her the bad sixpence—she went away, but did not return.
JOSEPH HUGGETT . I keep the King's Head, Church-street, Deptford. On 19th Feb., the prisoner came a little after six o'clock in the evening—she asked for half-a-pint of porter—I served her—she gave me a bad sixpence—I said, "This will not do for me"—she said she knew where she took it—I gave it her back.
STEPHEN MARTIN HUGGETT . I keep the Three Compasses, Church-street, Deptford, not further than the length of this Court from the King's Head. On 19th Feb., between six and seven o'clock in the evening, the prisoner came in for a pennyworth of gin—I am quite sure she is the person—she laid down a bad sixpence—I bent it, and told her it was bad—she said, "I know where I took it, just round the corner, I will go and get it changed"—I returned it
to her—she went away—in about eight minutes she came in again, and asked for a pennyworth of gin—I put it on the counter—she took it up, and began to drink—she drank about half of it, and then put down another bad sixpence—I said, "This is the second bad sixpence you have brought, I shall not let you go"—I shut the door—a constable came, and I gave her in charge.
HENRY WEBB (policeman, R 271) I produce the sixpence I got from Mr. Huggett—I took the prisoner—she said a man gave her two sixpences—I said, "Do you know him?"—she said, "No"—I said, "What for?"—she said, "You know what for"—she said, "I did not go in the house twice, but my bonnet and shawl did"—one good sixpence and ninepence half-penny in copper was found on her.
Prisoner's Defence. What they have said is all false; I did not go twice into that man's house.
GUILTY . Aged 23.— Confined Twelve Months.
ALEXANDER M'KENZIE . I am barrack-master, at Woolwich. On the morning of 8th Jan. I placed my fork and spade in the tool-house and locked it—I missed them next morning—I saw them on the 28th of Feb. in possession of the police—these are them.
DAVID SIMPER (policeman, R 310). On 25th Feb. I went to the prisoner's house, 1, Bull-fields, Woolwich—the prisoner went with me, and pointed the house out to me—I went to search it on another charge—I there found the fork and spade—I asked him how they came in his possession—he said he had had them three years—the spade was behind the door, and the fork underneath the bed.
Prisoner's Defence. I did not say the house belonged to me, I said the room did—I bought the fork and spade for 1s. 2d.
GUILTY . Aged 26.— Confined Twelve Months.
(There was another indictment against the prisoner.)
JOHN IRVING . I am a draper. On Thursday evening, 7th Feb., I went to Wombwell's wild-beast show at Greenwich, about nine o'clock—I had my watch in my waistcoat pocket, and the guard round my neck—I missed it when I had been in the show a quarter of an hour—there were perhaps 50 or 100 persons there—the ring of the watch was taken off the end of the guard—I gave information, and saw the watch the same night at the station—this is it—it is mine.
Cross-examined by MR. COOPER. Q. Had you been drinking? A. No—did not take a lady in—I had no lady inside—there was no fair there—I did not see any stalls about—I know I had my watch when I went in, I had occasion to look at it—it was in my waistcoat pocket—there were women and men in the show.
intoxication—I gave him in charge for his disgusting language—he was taken to the station—I followed him—I saw him throw something behind him with his right-hand—it fell within two yards of him, and within one yard of me—immediately it fell on the ground I saw it was a watch—the glass was smashed all to pieces—a young man picked it up—I caught him by the left arm and said, "Give me that watch"—I thought he was a confederate of the Prisoner, and was going to give it him.
Cross-examined. Q. Did you see the prisoner do anything more than just throw his hand out? A. Yes—I saw this leave his hand, and I never lost sight of it till the other man took hold of it, and I took hold of him—this was about half-past eleven o'clock.
THOMAS MONK (policeman, R 328). On the night of 7th Feb. I had the prisoner in charge, from Mr. Robinson—I was going to the station—I had hold of the Prisoner, and Mr. Robinson walked behind—I heard something go smash behind me—I turned, and saw a man pick up this watch, which was handed to me—I asked the prisoner what he had thrown away: he did not answer—my brother officer found the ring of the watch—there was plenty of gas light.
JOSEPH BUCKMASTER (police-sergeant, R 39). I went to Wombwell's show about half-past nine o'clock on the night of 7th Feb.—I met the prisoner coming down the steps, or rather on the top of the steps—he was coming down from the show—he appeared to he sober.
Cross-examined. Q. Had you known him before? A. No—I had not seen him before—when I went into the show, at half-past nine o'clock, the prosecutor complained of the loss of his watch—there were not a great many persons about the steps—I went before the Magistrate the first time the case was heard—I gave the same evidence that I have to-day.
GUILTY . Aged 24.— Confined Twelve Months.
Before Mr. Recorder.
JOHN CORKE . I am a haberdasher, of High-street, Deptford. On 23rd Feb., about half-past three o'clock in the afternoon, the prisoner came and asked my apprentice to show her some satin ribbon—the box was put before her to select the colour and width—she purchased one yard, at three farthings a yard—the apprentice cut the ribbon, and was in the act of putting the box back, when the prisoner said, "Stay a minute, my little dear; I will take one more yard," and while he was reaching for the yard-stick I saw her take one piece of ribbon out—she laid it on the counter for five minutes, covered with her hand, till she got an opportunity of putting it under her cuff—I saw her draw the cuff down, and take it up—I told her to step to the other end of the shop—I said I was very sorry, but I saw her take and conceal a piece of ribbon—she said I was a good-for-nothing fellow to accuse a lady—I told her to draw off her right-hand cuff, and the ribbon dropped out.
Cross-examined by MR. PAYNE. Q. What did she say then? A. She said it got there—I told her it was impossible—during the five minutes that the ribbon laid on the counter I was finishing serving a customer—I was behind the same counter, but further down the shop—I was standing in the same place, serving the same customer, when the prisoner put it up her cuff—she could see me quite plainly—when I accused her she said she had not taken any ribbon, and I ought not to accuse her of any such thing—there was one
more customers in the shop beside the lady I was serving—I suppose the lady I served was there ten minutes—she had some calico and some cord—I was showing her different things—there was nothing on the counter beside the box the prisoner was looking at—it is six inches high.
SAMUEL DAVIS POLLARD . On Saturday, 23rd Feb., the prisoner came into my master's shop, and asked me to show her some satin ribbons—I did, and she said she would take one yard at three farthings—I cut that off, and she said, "Stop a minute, I will have another yard"—I turned round to get the stick, and then it is supposed she took the ribbon—I saw my master look sharp at me, and after I put the box away he asked her to step up to the top of the shop—he said he was very sorry, but he saw her take a piece of satin ribbon—she denied it—he told her if she looked up her right-hand cuff she would find the ribbon—she took the cuff off, and found the ribbon.
Cross-examined. Q. You served her the first yard, then she said she would have a second, and you turned to get the measure? A. Yes—I stood before her all the rest of the time, till my master told her he wished her to walk up to the top of the shop—this is the piece of white satin ribbon.
MR. CORKE re-examined. This ribbon is mine, here is my mark on it.
(The prisoner received an excellent character.) GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Fourteen Days
LUCY MARDON pleaded GUILTY . Aged 30.
MARY JANE HUNTER . I live in New-street, Deptford. I let a ready-furnished room to the prisoners, in my house—on 8th Feb., I was in Flagonrow, I met Lucy Mardon carrying something in her apron—I followed her, and saw her go to a shop and pull a pillow out of her apron, which turned out to be a pillow she had made out of the ticking of the bed—it was stuffed with feathers—I found that four pillows, and the bed and bolster, and other things had been taken from their room—I found the articles at different pawnbrokers—Charles Mardon was at home when I went out, and when I got home—I was not out many minutes.
Cross-examined by MR. COOPER. Q. What were they to give a-week for this room? A. Three shillings—they came to me as husband and wife—they had been with me four months—he is a pensioner; they had no family—they owe me now three shillings.
GEORGE LEWIS . I am a pawnbroker. I produce a bed-rug, counterpane, pillow, and other articles—I took the rug in of Lucy Mardon—the other things were pawned by some woman—I did not see the man in any part of it.
JAMES KNIGHT (policeman, R 308). I saw both the prisoners at the lodging, on 8th Feb.—I asked the man if he was aware what his wife had done—he said, "Yes;" and gave me seventeen duplicates—he said in going to the station that they had pawned the things from distress, and intended to get them out again—these duplicates refer to the articles that have been produced, which Mrs. Hunter has identified—some more articles were found, which the pawnbroker gave up—the room was nearly stripped.
CHARLES MARDON— NOT GUILTY .
LUCY MARDON pleaded GUILTY .— Confined One Month.
(No evidence was offered against CHARLES MARDON.) NOT GUILTY .
652. GEORGE CLIFTON and MICHAEL BROSSON , stealing 4lbs. weight of butter value 4s. 4d.; and 1/4lb. weight of tea, value 1s. 3d.; the goods of Robert Kelsey; Brosson having been before convicted; to which
BROSSON pleaded GUILTY .* Aged 24.— Confined One Year.
JOHN PENSTONE . I am servant to Mr. Robert Kelsey, a grocer, at Lewisham. On 13th Feb., I was sent out to the customers—I had a barrow to take the things to the customers—I went to Mr. Smith's, at Rushy-green—I left my barrow inside the lodge-gates—I was not absent from it three minutes, when I returned to it—I went to the station, and Brosson was brought in by the policeman—I saw some butter and tea there, and I knew the wrappers in which they were contained—they were my master's; one was marked, "Mr. Selby," and another customer's name—they were my master's, and had been safe in the barrow when I went into the lodge.
SARAH SHEAR . I am the wife of James Shean. On 13th Feb., between three and four o'clock in the afternoon, I was near Mr. Smith's lodge-gates—I saw the two prisoners; Brosson went to the basket in the barrow, and took the things out—they seemed to me to he butter and tea—when he came out with the things, Clifton ran away, and Brosson ran in the same direction—they were pursued—I remained at the station till they were brought in.
Clifton. Q. Did I not run away before he came out of the gate? A. No.
THOMAS KENT (police-sergeant, R 31). I was at the Rushy-green station—I saw the prisoners near the Rising Sun—I followed them—in three or four minutes Brosson was stopped by the mob, and I took him to the station—these parcels were picked up near there—I picked up the tea—the butter was picked up before I took him—when he was charged with taking these things he made no reply.
EDWARD WILLIAM READING (policeman, R 174). I was on duty at Lewisham—I saw Clifton running away, and several persons following him—I took him—he said he had done nothing—he had run rather better than a mile from the lodge.
Clifton's Defence. I had been to Lewisham; I saw this man with something in his hand; I ran away because he should not get in company with me; I kept a-head of him.
CLIFTON— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
WILLIAM GLADWIN (policeman, R 122). On 14th Feb. I met the prisoner, between seven and eight o'clock in the evening—he was going away from his house, at Plumstead—I afterwards went to his house, and White found this leather in my presence.
Cross-examined by MR COOPER. Q. Have you known him some time? A. Yes, I have known him to work in the Arsenal, as a harness-maker.
at Woolwich. The prisoner was employed there under me for about three years and a half—I have examined the pieces of leather produced—I believe they belong to the Queen—there are two pieces distinctly marked with the broad arrow—an attempt has been made to efface it—they are such as the prisoner would have access to.
Cross-examined. Q. This kind of leather is used by harness-makers all over England? A. Yes; here is a similar piece of leather, and here is the stamp we mark it with—I believe these marks were made by this instrument—for other purposes there are other stamps, but in my room there is no other but this—the points at the bottom of this mark are sharper than this instrument is, which I am inclined to think is from the mark being attempted to be erased—I think it was originally made with this tool, but this leather has been wet and bent about—this other piece that I gave you has not been wetted, and there is more gloss on it.
COURT. Q. Do you know the leather by any other mark? A. It is precisely the same that we use in our place—I am not aware that the prisoner works on his own account—I was not sensible of missing any leather—there is a large quantity in the store—this lighter leather is not stamped—the stamp would cut this through.
GUILTY . Aged 34
GUILTY . Aged 34.— Confined One Year.
655. THOMAS TAYLOR, NAPOLEON FORSTER , and JOHN ACOTT , stealing 56lbs. weight of clover hay, value 2s.; the goods of Sarah Sheppard, the mistress of Taylor.—2nd COUNT, charging Forster and Acott with receiving the same.
JAMES WILLIAM CROUCH (policeman, R 361). On 7th Feb., I was on duty in Mill-lane, Deptford—about half-past six in the morning, I saw a wagon drawn by three horses, driven by Taylor—it came out of Mrs. Sheppard's premises—Taylor left the wagon and went up Thayer-street—directly he left, I jumped into the wagon, and saw a truss of hay—I had a book in my pocket—I took three leaves out, tore them in halves, and put three of the half leaves in the truss of hay, and the other three in my pocket—Taylor came back, and drove the wagon to the end of the lane; he there met Forster, they went in company together up the Broadway—I saw Carpenter, and told him what I had done—he told me to go to the World-Turned-Upside-Down in the Kent-road—I went, and waited in the yard about an hour and a half, when I saw Acott take a truss of hay and put it in the stables—I came out, and told Carpenter what I had seen—I went with him in the stables and found the truss with the leaves I had put in it—Taylor accompanied Forster up the road.
JOHN CARPENTER (police-sergeant, R 38). I met Forster and Taylor in company—I followed them to the World-Turned-Upside-Down, in the Kent-road, where they drew up the wagon and gave the horses water—Taylor and Forster both went into the public-house—Forster then came out alone—Acott was then at the pump, pumping the water—Forster got up in the wagon and threw out a truss of clover hay—he got down, and carried the hay into the yard—he came out of the yard again, and went into the public-house—Acott then left the pump, and went into the yard—in a few minutes he came back
—I received information from Crouch, and went to Acott. who was still at the pump, and asked him what he had done with the truss of hay which had been left by Mrs. Sheppard's carman; he said, he had no truss—I said, "You have had one, and must consider yourself in my custody, and go in the yard with me"—he went in the yard,—I looked about, and then made him unlock the stable door, which he did with a key he had in his pocket—I found there this truss of hay, and these parts of leaves of a book in it—he then said, they had left it for their horses when they were coming back—he afterwards said, that Taylor told him he had got it from an ostler on the road and brought it there, and gave it him for watering; and when at the station, he said, pointing to Taylor, "He told me he got it from a horsekeeper is the Kent-road, and left it there for watering, "Which Taylor denied.
Cross-examined by MR. BALLANTINE. Q. Did you not say, "Have you had a truss of hay of Mrs. Sheppard?"A. No; I said a truss left by Mrs. Sheppard's men—I might have said a truss belonging to Mrs. Sheppard—there was no other hay in the stables.
DAVID OVENDEN (policeman, R 343). About eight o'clock in the morning on 7th Feb., I was in the Kent-road with Crouch and Carpenter, and from this information I proceeded after Taylor and Forster—I overtook them a little above the World-Turned-Upside-Down—I asked them if they had brought any hay that morning; they both said, "No"—I said they must consider themselves in my custody, for stealing a truss of hay from Deptford—Forster then said, he believed they had brought some hay, but it was for their horses, and he left it at a public-house for the horses as they came back—Taylor said they had not brought any hay at all.
Taylor. Q. When you first came, you told me I had a truss of hay in my wagon? A. No; I said, "Have you brought any hay this morning from Deptford?" you said "No"—Forster said, he believed they had, but had left it for their horses.
SAMUEL SHEPPARD . I live with my mother, Sarah Sheppard. Taylor was her carman for about twelve months—I missed a truss of hay—I saw it afterwards at the World-Turned-Upside-Down—I believe it to be the same that was taken from our premises—I have carefully compared it.
Cross-examined. Q. Do you live with your mother? A. Yes; I manage the business for her—the men have to bait their horses in going back, with chaff and corn—they are not entitled to take hay—we do not send hay to town—the wagon was empty; they were going to fetch manure—Taylor was provided with chaff and corn in his nosebags.
Taylor. He never told me not to take hay; there were two others who took hay as well as me. Witness. He knew it was the rule not to take it—when he was taken he had two bushels of chaff and corn.
Taylor's Defence. Forster don't know anything about it.
Forster's Defence. He asked me if I had anything to do, I said no; he asked me to go and help him load his dray; I went, and he said, "There is a truss of hay in the wagon, take it to the yard, and leave it till I come back."
(Acott received a good character.)
TAYLOR— GUILTY of Stealing. Aged 24.
FORSTER— GUILTY of Receiving. Aged 26.
Confined Three Months.
ACOTT GUILTY of Receiving. Aged 30.— Confined Four Months.
Before Mr. Recorder.
MR.BIRNIE conducted the Prosecution.
EDWARD WORELS (policeman, P 261). On 22nd Feb., at a quarter-past three in the morning, I was passing Mr. Jackson's house in the Brixton-road, and fancied I heard a noise in the front garden—I listened, and presently heard a sound of footsteps in the garden—I went in and searched the front premises, but did not see anybody—it was quite dark—I turned on my bull's-eye, and observed the side gate leading into the back premises open, and I saw the prisoner standing at the top of the kitchen steps with a dark lantern in his hand lighted—I immediately secured him, and sprung my rattle—I observed these goods lying at his feet—eighteen books, two tea-caddies, a toast-rack, a cruet-stand, several pieces of waistcoat patterns, a caddy spoon, three table holders, and two pairs of shoes—(produced)—Sergeant Merritt came to my assistance, and took my lantern and searched the house while I held the prisoner—while he was doing so I asked the prisoner where his companion was—he said he had just gone round to the front to try to open the front window—before Merritt came back I observed the back parlour window, and the shutters over the kitchen steps were open—that was the nearest window to where I found the prisoner—I searched the prisoner at the station, and found a button-hook in his waistcout pocket, and a pair of stockings in his hat(produced.)
WILLIAM MERRITT (police-sergeant, P 8). On 22nd Feb., at a quarter-past three o'clock in the morning I heard Warel's rattle—I proceeded to his assistance, and saw him in Mr. Jackson's back garden with the prisoner in his custody—this property was by the area steps—I examined the house and found the kitchen door and back parlour window open—Mr. Jackson came down, and I examined and found the whole of the cupboards and table drawers had been turned out, and the contents turned on the floor—all the property seemed disturbed, ready to be carried off—I assisted in searching the prisoner and observed him throw something away—I afterwards found this duplicate in the garden for a pair of hose pledged in the name of Easton.
MARY ANN PALMER . I am servant to Mr. Andrew Jackson, of 2, Park-terrace, Brixton-road. On the night of 21 st Feb., I fastened the shutters without fastening the window—I saw my fellow-servant shut and fasten the back kitchen door before eleven o'clock—all these articles are my master's, and were in the back parlour—the books were in the bookcase, which has glass doors.
ANDREW JACKSON . I live in the Brixton-road. On the night of 21st Feb., I was the last person up—the books were then safe in the bookcase in the back parlour—it was never locked—the rest of the articles were in another bookcase—the shutters were closed, but I did not look to see whether the bars were perfectly secure, but I barred the outer door—about two o'clock in the morning my daughter called me, I went down stairs and saw the prisoner in custody, and the property ready to be conveyed away—the shutters and window were open—the room all in confusion—the closets broken open, the things turned out, and the books were lying on a wall outside the window—they could not get further than that room without breaking the panel—it would take 20l. to 30l. to replace the articles.
GUILTY . Aged 18.— Transported for Ten Years.
657. MARY SEILS , stealing a scarf, a watch, and other articles, value 5l. 13s.; 26 sovereigns, and 2 half-crowns; the property of James Hurst, her master; in the dwelling-house of Ann Dummer and others.
JAMES HURST . I perform the duty of a landing-waster at the Custom House, and live at Pitt's-place, Old Kent-road. I became acquainted with the prisoner in consequence of her coming to me and making inquiries about her husband, who she represented to have died during her absence from this country—she stated that he had been an interpreter at the Custom House, and was well known by those who were in the habit of frequenting there—she stated that the person with whom her husband resided refused to give up his effects, and she wished to know what means would he proper to use to recover possession of them—I gave her my address, having referred her to the Consul, telling her that I knew the secretary of the French Beneficent Society, and that I would endeavour to obtain the restitution of her goods in the event of her not obtaining them through the medium of the Consul—I relieved her from time to time with money and food, and eventually, from an accident which she alleged to have received while carrying a message from my residence, which enabled her to obtain employment in needlework from a Quaker in London-wall, who gives it to distressed persons from motives of charity; I became security for the return of those goods, and she was unable to present herself, on account of this accident, and I therefore took her into into my service until the injury she had received should he cured, and during that period she committed this robbery—altogether she was in the house ten or twelve days—on the last day, between eight and half-past eight o'clock in the morning, she appeared to wish to get rid of me; exhibited a great deal of impatience for me to leave, and told me it was late; when I got outside, I found that I was not so late, but I had come out without my watch, and I went back to get it, and had then time to go leisurely to my duty—on my return home at half-past four, I found a hot joint prepared ready for dinner, but the prisoner was gone—I noticed a bit of wood chipped off the lock of one of my drawers, and I immediately found that a purse which it then contained had been emptied of its contents; a gold watch and other articles were also missing—26l. In gold, and about 10s. In silver—the owner of the house, Miss Dummer, and her sisters, reside in the house, myself, and another gentleman and lady—from something I ascertained from Miss Dummer, I went immediately, having first informed the police; to the Electric Telegraph Office, and gave a description of her, and she was stopped at Folkestone—while I was wasting at the office, I received a paper, telling me that she was arrested, on the train, which was then on its way, arriving at Folkestone—they sent me word, within a quarter of an hour from my arrival at the office, that she was in custody—I then went to Folkestone, and identified her—about 10l. or 12l. was found on her, and a quantity of dresses, hosiery, and other goods, the produce of part of the money which she had expended, a gold watch, and the top of a smelling-bottle—I subsequently found other things—it appears that she had taken too much to drink, and she lost one parcel of goods on the road, which, by the diligence of the officer, I have succeeded in obtaining—when I charged her with stealing the money and watch, she at first said nothing—she afterwards said, "You gave them to me, to set me up in my own country"—I said, "This is base ingratitude on your part"—she said, "It is God's truth"—I spoke to her in French, and she replied in French—I asked her what had become of the remainder of the property—she said she only had 15l., and that I had given her that amount with the watch—she said she was going to Dover—at that time she was very
respectably dressed, wearing a shawl, bonnet, and other things which she had purchased with the money taken from the drawer.
Prisoner. He gave them to me. Witness. I did not—I had not given her a farthing from the moment she entered my service, in fact I had not settled about engaging her—she said she had some goods in pawn, to the value of about 1l., and I thought if she staid a month, and I gave her 1l., she would he tolerably well paid—she had been in the habit of coming to the house previously, and I gave her something to eat, and sometimes 1s. or 1s. 6d.—I never sent her away without relieving her, believing the statement she made.
MATTHEW PEARSON . I am a constable at Folkestone. In consequence of a communication by the telegraph, I took the prisoner into custody on the 13th, about twenty minutes after nine o'clock—I told her that the information I had against her was for committing a robbery at London—she said she could not speak English, so I got an interpreter to tell her—he told her, and she said the money was given to her, and likewise the watch which I found on her—I also found nine sovereigns, ten half-crowns, six shillings, five sixpences, a 4d.-piece, and 8 1/4d. in copper, and a bundle of linen drapery, with an invoice, amounting to 6l. 3s. 0 1/2d., consisting of stockings, dresses, and other articles of females' wearing apparel—there is no date to the invoice.
RICHARD MOSS (policeman, P 330). On 21st Feb. I went to a public-house in the Borough-market, and found a large bundle, which had been left there by the prisoner—it contained this shawl, sheet, and towel(produced.)
MR. HURST re-examined. This sheet bears my name, written by my sister—it is mine—this scarf was given me by a friend, to get a small piece of fringe added to it, which was done—this towel is also mine.
ANN DUMMER . I am single, and live at Pitt's-place—I pay the rates of the house, and live in it rent free, by my uncle's permission—Mr. Hurst lodges there—I remember the prisoner acting as his servant for a short time. About an hour before she left she came down to me, and told me that she was going to London-wall, by Mr. Hurst's permission, to receive 10s. from a benefit society for exiled foreigners, as she had no money; that Mr. Hurst had not given her a farthing since she had been in his service—my house is in the parish of St. George-the-Martyr, Southwark.
ELIZABETH SHARMAN . This shawl, sheet, and towel produced were left at our house by the prisoner on 13th Feb.—she said she wished to leave them for about an hour and a half or two hours, while she went to the Dover-road, as she was too soon for the train—she never called for them—she said she was going to meet her husband, who was with a foreign Prince at Dover.
Prisoner. It is false; I could not say that, because my husband is dead. Witness. I had never seen her before—it was a little after eleven in the morning—she was to come again for them at a quarter to one, to go by the one o'clock train.
GUILTY. Aged 45.—Recommended to mercy by the Prosecutor, who stated that the evening before the robbery he had incautiously permitted her to see where he kept his money, when putting away a small sum which had been paid to him. — Confined Six Months
GUILTY. Aged 17.—Recommended to mercy. — Confined Six Months
HENDERSON pleaded GUILTY . Aged 24.— Confined One Year.
ALFRED SPICE (policeman, V 47). On the afternoon of 12th Feb. I saw Henderson come off the steps of the door of Mr. Bachelor's shop, in High-street, Clapham—Bryant was standing in a turning, close by, just round the corner—Henderson walked across the road and Bryant also, and they joined company—I followed them down the road about a quarter of a mile in company, and they then returned separately, on different sides of the road, to the top of Acre-lane, and then joined company again—they then went towards Mr. Marler's—I lost sight of Bryant—Henderson then crossed the road, and I lost sight of him—I then saw him come out of Mr. Marler's shop, buttoning something under his coat, and walk past a turning close by—it appeared to me as if he was looking for his companion—I went across, took him into custody, and found one bottle under his coat, and another in his pocket—I then saw Bryant standing down a turning, about fifty yards off—I took Henderson to the station, went and found Bryant, and took him to the station—I then went back to where I saw Bryant standing, and there saw a candlestick, which is claimed by Mr. Badcock—Bryant was forty or fifty yards from the shop when I apprehended Henderson—I believe he saw me take Henderson—he walked off, down the Clapham-road—another constable found on the spot where Bryant had been standing, two candlesticks belonging to Mr. Marler, as well as the candlestick belonging to Mr. Badcock.
Bryant. Q. What did you find? A. This glass candlestick (produced)—I found these two ornaments (produced) on Henderson—these four ornaments, belonging to Mr. Marler, were found where Bryant stood.
GEORGE GRIDLEY . I was at work opposite where Bryant was found—I saw him, after Henderson was taken, walking about a field enclosed by a fence—he came out, and walked down the Clapham-road—I went into the field, and picked up this candlestick, which I took to Mr. Marler's shop.
Bryant's Defence. I know nothing about it.
BRYANT— GUILTY . Aged 25.— Confined Six Months.
Before Lord Chief Baron Pollock.
MR. MELLER conducted the Prosecution.
HONORA BOYLE . I am the widow of the deceased John Boyle, and reside at 30, Francis-street, Westminster-road. On Sunday night, 24th Feb., my husband left home, between six and seven o'clock, with Morris Ryan, to go to a meeting at Vauxhall—about a quarter or twenty minutes past twelve my sister-in-law called me out of bed—I went out of the house, and saw my husband, the prisoner Morris Ryan, Mrs. Quinlan, his daughter, and Mrs. Flood, at Riley's door, which is about forty yards, as near as I can say, from our house—Riley and my husband were having some words—I tapped Riley on the back, and said, "Patrick Riley, what is the matter with you and my husband, two men working together?"—with that I fetched my husband over, and said, "John, what is the matter?"—he said, "Nothing,
my dear"—he opened his hands, and said, "Patrick Riley, what do you want of me?"—with that Riley stripped off his jacket, and my husband said to Ryan, "Take my cout and hat"—they each took off their coats, and my husband struck Riley twice with his fist—Riley wheeled out into the middle of the street before his own door, lifted up his right hand, sprang on his left foot and hit my husband, whose back was turned to him—whether it was on the head or shoulder, I do not know—he then went in doors—the policeman came up, and the words were over—my husband went up to the lamp, and walked a little way, and said to Ryan, "Where is my coat and hat?"—Ryan said, "It is all right, my daughter has got it"—he came down to the lamp, looked up, and was going to fall back, but the policeman, Mrs. Flood, and Ryan caught him—they hallooed out for water—I went in and fetched it, and the policeman put it up to his mouth, and he did not drink it, so I ran for the clergy, and rang the bell—I could get no answer, and when I came back my husband was dead—that was not more than five minutes after the blow—I saw no other blows than I have stated—I saw all that took place—the prisoner and my husband had worked together for nine or ten months, and were always good friends, as far as I understand.
MICHAEL KEATING O'SHEA . I am a surgeon, in Mount-street, Westminster-road. I was called to see the deceased on the 25th Feb., and on the 27th I made a post-mortem examination—there was a very slight mark on the left side of the neck, and a slight mark just above the left temple—I attributed those marks to violence—a fall or blow might have produced them; or catching the man by the collar, and shoving him, might do it, by forcing the hand against the neck—in consequence of seeing the mark over the left temple, I made a deeper dissection there, and found more evident marks of violence under the temporal muscle of that side, but still not sufficient to account for death—pursuing the examination I discovered that the man had disease of the heart—enlargement of the heart, with a dilatation of the ventricles; the other appearances were healthy—the immediate cause of death was disease of the heart—a person with that disease would be likely to have death accelerated, or caused suddenly, by anything acting on the nerves; fear, alarm, excitement, or a blow—it was a very considerable disease—he might not, without some such cause, have died immediately, but he ultimately would have died from that disease—I think it is more than probable that he might not have died then, if pursuing his ordinary quiet avocations; but I cannot state that positively—I could not trace any personal violence as having caused his death.—(At the suggestion of the COURT, MR. MELLER here withdrew from the prosecution).
NOT GUILTY .
Before Edward Bullock, Esq.
661. GEORGE LONG , burglariously breaking and entering the dwelling-house of Robert Ashton, and stealing 2 spoons, and 2 forks, value 14s.; the goods of Robert Ashton; and 14 spoons, and other articles, value 6l. 2s.; of John Winder Lyon Winder and others.
JOSEPH PRIOR . I am in the service of the Rev. Robert Ashton, of Putney; it is his dwelling-house. On Saturday night, a few minutes past ten o'clock, I left the plate in this basket, and went up to prayers in the back parlour—every door was locked—the kitchen-door was closed, but not shut—the window was fastened with shutters—there was no outer door—the front-door was closed—it opens with a handle outside, but the outer gate was locked—after prayers I missed the basket of plate, and gave information—I saw the Policeman find the basket under a tree—we traced footsteps 700 or 800
yards, to the bottom of the premises—I saw them compared next day with some boots, and they corresponded, both right and left.
THE REV. ROBERT ASHTON . I live in the parish of Putney. The prisoner was my servant—he left me on 8th Feb., a week before the robbery—it is my dwelling-house—I had prayers that evening—I used to do so when the prisoner lived with me.
Prisoner. It is Mr. Winder's house; you were there as myself, only as a superior servant, to take care of an insane gentleman. Witness. It is taken in Mr. Winder's name; the gentleman is under my charge—I remember your telling me some one had called, and wished to wait till I returned from chapel.
HENRY UNDERHILL (police-sergeant, V 37). I received information, and found the prisoner about the midnight following in Kennington-lane—I told him the charge; he made no reply—I saw the whole of this plate taken from his person—I took his boots, and compared them with the marks in Mr. Ashton's garden—I made an impression by the side, and compared the two with a pair of compasses; they corresponded.
Prisoner's Defence. On the Sunday night I was at Shepherd's-bush all night, and on Monday at Richmond until the evening; as I returned, I met two men in a public-house, and walked with them to Wandsworth; they gave me a paper parcel to take home, and requested me to meet them with it on Kennington-common; I found it was plate, with Mr. Ashton's crest on it, and was going to take it there, when I was taken; I had lived there six months, and my footmarks would be in the garden; I was walking into the mouth of the people who were seeking for me.
GUILTY . Aged 34.— Transported for Ten Years.
Before Mr. Justice Wightman.
In the case of HENRY MANNING , charged with stealing a letter from the Post-office, upon the evidence of Mr. McMurdo, the surgeon of the gaol, and John Miller, assistant-surgeon to the Bethnal-green Lunatic Asylum, the Jury found the prisoner not of sound mind, and not in a fit state to plead.
662. HENRY GRIGGS, EDWIN JAMES POLLARD , and THOMAS COLE , robbery, with violence, on Charles Blake, and stealing from his person 1 breast-pin, and 1 handkerchief, value 4s., and 5 half-crowns; his property.
MR. PAYNE conducted the Prosecution.
CHARLES BLAKE . I am a watch-maker, of the Waterloo-road. On Saturday night, 3rd Feb., about half-past eleven o'clock, I was at the Flying Horse, Walworth-road—I met two friends named Skelton there, and went into the tap-room, and had some porter—the prisoners were there—they followed us out towards the Elephant and Castle—we went into a pie-shop—the prisoners came in—Cole asked me if I would give him a pie, as he had not had anything to eat these two days—I put down half-a-crown, and asked for 6d.-worth of pies—I was deep in conversation with my friend—he told me Pollard had taken the change up—I told him to ask him for it—William Skelton asked him, and he said it was all right—Skelton said there would be a row if we stopped to have a bother about it—I and Skelton went into the London-road, and turned down York-street—William Skelton stopped at the corner to make water—I was knocked down in York-street, and kicked, and saw Pollard seize me by the throat, and he nearly choked me—the other two prisoners rifled my pockets—I lost five half-crowns, some small silver, and a gold pin out of my stock—I was insensible for a minute or two—when I came to myself, they had escaped—William Skelton came and picked me up.
Cross-examined by MR. WOOLLETT. Q. You had had a drop of drink? A. Very trifling—I went to the public-house to meet Hobbs, my man, and met the Skeltons at the bar—I had not seen them for three months—there were several other persons there—I do not know who took up my change—I was not very drunk—we might have had a couple of pints of porter—I had never seen the prisoners before—I and the Skeltons were not holding one another to support one another, only taking one another's arms—York-street was all dark—I had eight half-crowns at the Flying Horse, and spent about 18d. in liquor—I did not know the prisoners were following me till I turned round.
FREDERICK SKELTON . I was with Blake—I know Cole by sight, but not the others—they followed us out of the public-house—we went into a pie-shop, but I was talking, and saw nothing done there—we left, and my brother stopped to make water—we went down York-street—I was knocked down by one of the prisoners, I cannot say which—I got up, and called, "Police!"—I saw a man holding Blake by the throat, and rifling his clothes—I ran to the top, but could not see a policeman—I returned, and found Blake smothered in mud.
Cross-examined. Q. What are you? A. A tailor, of 8, St. Ann-street; I had been drinking very little—I had not been in the house five minutes before Blake came in.
WILLIAM SKELTON . I am a ship-rigger, of 3, Osborne-place, Brick-lane. I was with my brother and Blake, and saw the prisoners in the public-house and in the pie-shop—Blake called for 6d.-worth of pies, and laid down 2s. 6d.—2s. change was put on the counter—Pollard took it up, and put it into his pocket—I asked him to give it to Blake—he said, "It is all right"—I told Blake, and he said he had better lose the 2s. than get into any row—we went along the London-road—I stopped to make water, and the prisoners passed by me, down the street, and then crossed the road—I went down the street, and saw Blake on his back in the middle of the road, and the prisoners running away.
Cross-examined. Q. Was Blake a little fresh? A. No, none of us—I have been tried for stealing a bit of bacon, and found guilty—Blake does not keep a house of ill-fame, but a watchmaker's shop.
MR. PAYNE. Q. How long is it since you were tried? A. Twelve months ago—I was sentenced to six months, but it was mitigated to four.
GEORGE QUINNEAR (policeman, P I). I took Griggs on 4th Feb., in the tap-room of the Flying Horse—I told him the charge—he said he knew nothing of it—I took Cole on 6th Feb., and told him the charge—he said, "All I know is that I left the Flying Horse, with four or five others, and went to a pie-shop, and was going to have a drop of drink, and turned down York-street, and there I saw a man, with a corduroy jacket and trowsers, catch hold of a man, while another had his hand in his pocket; I ran away, and so did the two Skeltons."
RICHARD MOSS (policeman, P 330). I went to the Flying Horse on the Monday, and took Griggs and another person, who was not identified—I returned in half an hour, and found Pollard—I said he must consider himself in my custody, for highway robbery—he said he knew nothing about it, and he would be b—d if he would go—he was very violent, and struck me several times; I had my eye closed for a week, and could not get my clothes on, through his striking my arm—I took him to the station.
GRIGGS— GUILTY . Aged 25.
POLLARD— GUILTY . Aged 24.
COLE— GUILTY . Aged 36.
Transported for Seven Years.
663. HENRY MAYHEW, alias Snellgrove, and ELIZA WATSON, alias Wilson, burglariously breaking and entering the dwelling-house of John Seaker, and stealing 2 coats, 2 gowns, and other articles, value 5l. 0s. 2d.; his goods.—2nd COUNT charging Watson with receiving same.
MR. ROBINSON conducted the Prosecution.
JOHN SEAKER . I live at 55, Great Duke-street, Westminster-road, St. George-the-Martyr—it is my dwelling-house—I sleep in the back parlour, on the ground-floor—I went to bed about quarter to one o'clock—I was the last person up, except a lodger, who was at the theatre—I left the door with a string to the latch, as she did not think she should be home very soon—the door of my room was locked, and the key left in it inside—between four and five I heard a noise and called to my daughter—I jumped out of bed, and found my door ajar—the lock had been picked, not burst—my snuffers and tray were knocked down, the street door was open, and some oilcloth put against it, to prevent anybody shutting it—I saw a person about four doors off, going round the corner, and have every reason to believe it was the prisoner—I have known him some time in the neighbourhood—I told the police, but did not mention any name—I missed dresses of my wife's, and daughters, two coats, a pair of trowsers, a waistcoat, and a black silk handkerchief—these are them(produced)—they are worth 5l.
MARY SEAKER . I am the wife of the last witness. I was awoke about six o'clock in the morning, and missed dresses of mine and my daughters, and the things in the pockets—this is my dress, I saw it safe at half-past twelve the night before—it hung in my daughter's room.
MARY ANN SEAKER . I am the daughter of the last witness. On 28th Jan., I was awoke, and missed my dress and cloak—these are them—they were hanging on a nail when I went to bed—there was a watch-guard, a pair of gloves, and four shillings and fourpence-halfpenny in the pocket—this is the watch-guard, and this is one of the gloves; I mended it myself.
HENRY MORTON (policeman, 63L). I received information at twenty minutes to six o'clock, and watched the house, 4, St. Andrew's-terrace, Waterloo-road, which is about four hundred yards from Duke-street, Westminster-road—at five minutes before six, the prisoner Mayhew came down-stairs, and stood against the door outside about a minute; he then left, and went over to the Victoria Theatre—I fetched Sergeant Harris, and watched till after seven—Mayhew did not return—I went in, and found Watson on the second floor, partly dressed—I saw a large portion of wearing apparel—I asked if Mayhew was there; she said no—I picked up this gown and cloak, and asked her whose they were; she said they were hers—I asked whose the coat was; she said it belonged to a cab man—I told her to he cautious what she said, for I knew them; she said she did not know how they came there—some were on the bed, some were about the room—I took this coat and trowsers out of a box—she said she knew nothing of them—Mayhew is not a cab man to my knowledge—I do not know where he lives—I took Watson to the station.
Watson. I was in bed and asleep when you came; I did not say that dress was mine: it was the one I have on. Witness. You were out of bed and partly dressed—this dress was lying on a chair, and I have kept it separate.
ADELAIDE CHAMBERLAIN . I live at 3, St. Andrew's-terrace—Watson lived at No. 4, in the second floor back room—I have seen Mayhew at house several times, but not in the back room—I saw him look out at the
front window once—I have seen him go in two or three times, but never saw them together.
JOHN WAKE . I live at the Victoria coffee-shop, and have seen the prisoners there, but not together—on 28th Jan., between half-past five and six o'clock in the morning, I saw Mayhew there, and the one who has had his punishment, and the one who has got away—they had some coffee—I know that the prisoners lived at 4, St. Andrew's-terrace, because I was told to go there after a pair of shoes—I was going there on the day he was taken.
Watson's Defence. A cab man brought the things to my place; he had a whip in his hand, and it broke in half; the handle is here; I never saw this man.
MAYHEW— NOT GUILTY .
WATSON— GUILTY of Receiving. Confined Six Months
MR. ROBINSON conducted the Prosecution.
WILLIAM HENRY CAMPBELL . I live at 1, Church-street, Waterloo-road, in the parish of St. Mary, Lambeth; it is my dwelling-house. On 22nd Jan., about a quarter-past six o'clock, I was awoke by a ring at the bell, and found the street-door open, and a constable in the passage—I went to bed the night before at two, leaving the place closed—I shut it myself, and let the log down, a fastening inside—I missed two coats, a waistcoat, trowsers, some sovereigns, 8s. 6d., two handkerchiefs, and some gloves—this waistcoat(produced)is mine—I know it by constantly wearing it—I had had it eighteen months, and more—I missed about 8l.-worth of property.
Prisoner. Q. How can you swear to that waistcoat? A. It is torn under the arm; my waistcoat was just as this was—(The witness at the prisoner's request put on the waistcoat; it was too small for him)—I have worn it as an under-waistcoat, it will hardly meet now
JAMES FROST (policeman, L 59). I apprehended the prisoner on the morning of 28th Jan.—I took him to the station, and fetched Mr. Campbell; and as soon as I got into the station-door, he identified the waistcoat on the prisoner's back, and said it was his property, in the prisoner's presence—I asked the prisoner his address, he said, "14, Pitt-street, Tottenham Court-road"—I went there, and found no such person answering the description.
NOT GUILTY .
665. HENRY MAYHEW , and ELIZA WATSON , were again indicted for burglary in the dwelling-house of Joseph Apsey, and stealing 2 hats, 3 coats, 2 victorines, and other articles, value 10l.; the goods of Robert Sweetman.
NOT GUILTY .
Before Mr. Recorder.
and stealing 2 handkerchiefs, 1 box, and 1 spoon, value 7s.; his goods; Walter Hill having been before convicted.
ROBERT SKELTON . I live at Wandsworth, and had charge of a farm for Mr. Beaumont. I occupied and slept in the farm-house alone—on Tuesday, 12th Feb., between seven and eight o'clock in the morning, I went out to work leaving the house securely fastened—I returned at a quarter past twelve, and on opening the front-door, I noticed a key lying in the passage—it was the key of the kitchen-door, which I had left in it—the kitchen-door was closed to, but the lock had been forced back—I noticed a square of glass in the window broken, opposite the fastening, so as to enable a person to remove the fastening, and by that means the window might he opened to admit a person; there were marks on the kitchen-door—I found a knife and fork of mine bent, as if they had been used for some purpose—I missed a black and a red silk handkerchief from my bed-room, a German-silver spoon, and a chimney ornament—there were footmarks on the ground outside the kitchen window—I afterwards saw the police-sergeant compare the marks with the marks made by a pair of boots, and the boots appeared capable of making such marks as those I had observed.
LIONEL HODDER (policeman, V 52). On the morning of 12th Feb., about half-past twelve o'clock, I was in Wimbledon-park, and met the three prisoners together, about 300 or 400 yards from the prosecutor's premises—I stopped Cooley, and the other two ran away into the underwood—I searched Cooley, and let him go—I afterwards assisted in apprehending the prisoners—I got Thomas Hill's boots—Walter Hill said that Thomas Hill was rather soft yet—Cooley said, "I never have been to Brixton yet, but I suppose we shall get off with twelve months for this"—they were all then in the same cell—the two Hills are cousins.
GEORGE MARQUAND (policeman, V 21). I went to Dunneford Farm, and found two footmarks outside the kitchen window, and another impression about a dozen paces off—I covered them over, to preserve them from the wet—the house is about fifty yards from the high-road, and enclosed by a fence—I assisted in apprehending the prisoners—I took Thomas Hill at his father's house—he said, if I wasted till he came out of the house, he would tell me all about it—I brought him out, and cautioned him, that what he did say I should have to use either for or against him—he said he would tell the truth, that he had been to Salter's, the match manufacturers; from thence he went to the farm-house, where Walter got a piece of wood, broke a square of glass, and Walter Hill and Cooley got inside, while he remained outside; on coming out, Cooley gave him a black handkerchief, which was in his possession when they were stopped in the park; and on Cooley returning, after being stopped by the policeman, he had made him give him the handkerchief back, and told him he would be d—d if he should have any part of it—Walter Hill and Cooley denied having gone nearer the farm than Castle's house—there is a person named Castle lives down the lane—I took possession of their boots, and made a comparison in the prosecutor's and Hodder's presence—I made fresh indentations with the boots close to the marks in the ground, and they appeared to me to make marks precisely the same as the others—I have the boots, they are very remarkable—Walter Hill's and Cooley's boots fitted the marks close under the window, and Thomas Hill's fitted the marks about eleven or twelve paces from the house—I have not the least doubt that the marks were made by the prisoners' boots—Walter goes by the name of Tig Hill—that was what Thomas called him—when they were in the cell, I heard Cooley say he supposed they should get off with twelve months at Brixton;
that he had never been to Brixton yet—I did not hear the commencement of it—I was about three yards from Hodder—no property has been found.
JAMES WILLIS . I am with Mr. Butcher, a pawnbroker, in High-street, Wandsworth. On Tuesday, 12th Feb., Cooley offered to pledge a black silk handkerchief—being very much worn, I refused to take it, and he took it away—the prosecutor made inquiry about it in the evening, and I told him.
Cooley's Defence. On Tuesday morning, at eight o'clock, I and Walter Hill went to ask for employment; they told us to come at ten; we met Thomas Hill, and went up the lane together, past Mr. Castle's house, and into the brambles to look for some birds; the master was there, and we thought he would not like it, so we came into the road, where the policeman met us.
GEORGE JAMES DENNIS (policeman, V 239). I was present at Walter Hill's trial at Guildford, and got this certificate from the office of the Clerk of the Peace for Surrey—the prisoner is the person mentioned in it—(read—(Walter Hill, convicted June, 1848, confined twenty-one days and whipped.)
THOMAS HILL— GUILTY .* Aged 15.— Confined Six Months.
COOLEY— GUILTY .* Aged 17.— Confined Eighteen Months.
WALTER HILL— GUILTY .** Aged 12.— Confined One Year.
STEPHEN BOXALL, Jun. pleaded GUILTY . Aged 21.— Transported for Life.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN HOLLANDS . I was at the Old Horns, Millpond-street, Bermondsey, on the night this took place—there were several persons drinking there; the deceased was one—the younger prisoner was trying to set one of the witnesses and a person they called Fabie, fighting, and white so doing, Mrs. Prestage came in to ask her husband to come to his tea, and she told young Boxall he ought to be ashamed of himself, as they had all been drinking together—he said she ought to hold her tongue—she said she would not, and he then said, "You b—y cow, I will make you"—the deceased got up, and told him not to call her that again—he said, "I tell you what,Ben,I am not afraid of you, old cock, and never was," and he then ran at deceased, and knocked him down with his head, at the bottom of the deceased's stomach—Mrs. Prestage said, "You coward, to do that," and he struck her, and as the deceased got up, he said, "You coward, to hit a woman in the way she is" (she was in the family way)—he then turned round, and ran at deceased again in the same way, caught hold of his leg, threw him again, and they both went down together—his head was then at the bottom part of the deceased's stomach—they fell in that way—he pushed his body right into him like—the father then interfered; he had taken no part in it up to the time the deceased received the injury that was afterwards discovered—he came in, and sat down just as they had the few words—when they were both down the second time, the father struck the deceased with his fists somewhere in his head—the deceased was holding the son down, and the father struck him, and tried to get him away—one of the witnesses struck him, and got him up—the father then caught hold of the leg of a table, and in pulling it off it struck the deceased's wife, and he said, "Here Stephe, take this, and kill the b—r."
Cross-examined by MR. RIBTON. Q. The elder prisoner only struck deceased once? A. Three times altogether—he did not strike him at all till the deceased had been knocked down the second time—he then struck him about the head, not in the belly.
Jury. Q. Was the elder prisoner present at the commencement of the quarrel? A. Yes.
THOMAS HOWELL . I am a dresser at St. Thomas's Hospital—I saw the deceased after he was brought there—the symptoms he had when he came in were those of very great prostration, and severe pain in the abdomen, and inability to pass the urine, though he had great desire at the time—he came in on 22nd at noon, and died on 25th, at half-past five o'clock—I assisted in making a post-mortem examination, and found a rupture of the bladder, with peritonritis and inflammation, arising from extravasation of the urine—those appearances were sufficient, in my judgment, to account for his death—it was such an injury as would he caused by a blow, or the falling of a heavy weight on that part—in other respects, he appeared to be perfectly healthy—I found no other bruises or anything to account for death—the rupture of the bladder
PAUL SULLIVAN . I am a labourer, at Millpond-road, Bermondsey. I was at this public-house, in the tap-room, and saw the deceased, Prestage and his wife there—Prestage was drinking with some other men—young Boxall stood against the fire-place, and he run in at Prestage with his head at the bottom of his stomach—I do not know where the father then was, I had not seen him—Prestage was thrown on the ground by the effect of the blow—he got up, and the younger prisoner ran at him a second time—I saw the father afterwards, but did not see him come in—he had the leg of a table in his hand—the deceased was thrown down again when young Boxall ran at him a second time—I did not see the elder prisoner do anything with the table leg—I did not see what became of it—I did not see who helped the son up—I did not take much notice of them—I thought it would only have been a bit of a scratch—I did not think anything would have come of it, or I should have taken more notice.
JAMES CARROLL . I was at the public-house when the row took place between Boxall and Prestage—I saw the younger prisoner run at Prestage—the elder prisoner was then in the room, sitting close to the fire, alongside of me—Prestage and the other prisoner had been sitting near the window—when he ran at Prestage I did not see or hear the elder prisoner do anything.
COURT. Q. Who helped the younger prisoner up? A. I did not see anybody do so—I did not see anything in the elder prisoner's hand—I did not see him take any part in it, or say anything to his son—I saw what was going on—there was much hallooing, and there were seven or eight people in the room—I did not see him with the leg of a table in his hand.
PETER WOOLDRIDGE . I was at the public-house when the deceased was hurt by the younger prisoner—when they were down the second time I saw the father break off the leg of a table—he was going to give it to his son, and said, "Here Steve, kill the b—r, "and I ran to him and got it away, and then they both attacked me, and I received an injury in my ribs—after the policeman took the younger prisoner out, and I took the deceased home, he said he felt as if something had stabbed him in his inside, and all his inside seemed lying up in his chest—I afterwards went into a public-house where the elder prisoner was—he had a mat over his shoulders—he dropped it and attacked me—I afterwards went into a public-house where they both were, and they both attacked me, and tried to make me fight—when the elder prisoner gave his son the leg of the table I wrenched it out of his hand—I saw him pull his son up, but I did not see him strike the deceased—when we were round at Mr. Short's the younger prisoner came in and said, "I have
put one b—r to bed, and I will put the other one," and he looked round, saw me, and ran at me—the elder prisoner was there also, and he pulled off his jacket to fight me—that was after the deceased was taken home.
Cross-examined. Q. Did you see the deceased knocked down the first time? A. Yes; I do not believe the elder prisoner was there then, I did not see him—I am certain I saw him picking up his son from the deceased after he was knocked down the second time—he was standing at the right side of the fire-place—there was a good deal of light—the room is all windows—I should say there were from eight to ten people there—the elder prisoner was about three or four feet from the deceased when he was knocked down the second time—I first saw him interfere to pick up his son when the deceased had been knocked down the second time.
MARY ANN PRESTAGE . I saw the elder prisoner go and break the leg off the table, he said to his son, "Kill the b—with this, settle him Steve."—I saw him strike my husband once or twice before that—that was before he was knocked down the second time—between the two times he was prevented using the leg by somebody taking it out of his hand—he then went and pulled off his son—I saw the younger prisoner push his head into my husband's stomach, as hard as he could—he said, "Get up you b—, have you had enough?" and with that, he pushed his head so; and he said, "I think you have killed me, I have got my death blow"—he was assisted up by two young men
Cross-examined. Q. Where was the elder prisoner when your husband was first knocked down? A. Close behind his son—he went to assist his son up, and struck my husband—he assisted his son up twice, and struck my husband, between the first and second attack—he struck him about the head and face—I am sure he had struck him before he was assisted up the second time—my husband was being raised from the ground at the time—he did not strike him before he went to assist his son up—it was while he was assisting him up that he struck my husband—that was between the first and second times—I did not see the elder prisoner do anything to my husband before the younger prisoner ran at him a second time—I was knocked down myself by the younger prisoner after he struck my husband the first time—I saw the elder prisoner in the room then—I think he must have seen me struck.
COURT to JOHN HOLLANDS. Q. How long was it between the first and second attacks by the younger prisoner—not three minutes—immediately after striking the wife he turned round to the husband.
STEPHEN BOXALL, the Elder— GUILTY . Aged 53.— ConfinedTwo Years.
Before Edward Bullock, Esq.
RICHARD MEREDITH MAGENNIS . I live in St. Saviour's, in the Borough—on the afternoon of 18th Feb., about quarter to four o'clock, I left my shop, being called away for an hour—I latched the door, and forgot to lock it—the window was down—I was told something, went home, and found the door as I had left it—from a box in my bed-room I missed this suit of clothes I have on. another coat, four gowns, four handkerchiefs, and a velvet visite—I saw them safe at twelve, and missed them at six—these are them (produced)—they are worth 5l.—I had been out three or four times before—I left the door latched, but I had not been out of the court—I left nobody in the house.
Cross-examined by MR. PAYNE. Q. Did you recollect that you had note locked the door? A. No; I thought I had locked it—I left in a hurry—I have known the prisoner some time—I saw him at the Black Horse—I was at the bar reading a newspaper, and he asked me to drink with him—he is a regular customer there, and is in the habit of drinking—I have heard that he gets into trouble through liquor—I know where he lives—when I was reading the paper, he said he wanted his hair cut—I said it was a fine day, and my mistress was out, and I was going out too.
ELLEN WELCH . I live at 11, Margaret's-court, Borough, opposite Mr. Magennis. About half-past five o'clock on this day I was looking out at the window, and saw the prisoner come out with a bundle—I called one of the neighbours, who ran and gave him in charge.
JOHN SQUIRE (policeman, M 134). I received information and went to the Black Horse and saw the prisoner coming out with a bundle, about half-past five o'clock—I asked him who it belonged to; he would not tell me, but threw it in at the public-house door and showed fight—I got assistance, and took him and the bundle to the station—the public-house is not more than thirty yards from where Magennis lives.
THOMAS RICHARDS (policeman, M 44). I was with Welch, and saw the prisoner come out of the Black Horse with the bundle—he was asked something about it, and threw it into the public-house—Welch went for assistance, while I remained with the prisoner—he tried to throw the bundle behind the bar, and tried to get away—he said he would knock my b—head off, and struck my head—I held him till assistance came.
MR. PAYNE called
ALFRED FLOWERS . I am barman at the Black Horse, which is about thirty yards from Magennis's—the prisoner had not been more than five minutes in the house when the policeman came by—he had been in and out nearly all day—in the middle of the day he had something to drink with Magennis—he came in with a bundle of clothes, not tied up, but quite loose, and threw them all over me, saying, "Take this," as I stood on the other side of the counter—I threw them back, and said I would not have them—there were some people there—he took up a shawl, made them up in a bundle, and threw them over the counter again—the people saw all this—Magennis came every day for his dinner-beer, not to stand at the bar—I knew he lived near—I kept the clothes the lust time he came, the policeman told me to do so—the prisoner did not tell me they were Mr. Magennis's clothes, and he had got them from the thief—I should not have taken them if he had, on account of his being in liquor.
GUILTY .** Aged 23.— Confined Eighteen Months.
GUILTY . Aged 30.— Transported for Seven Years.
SAMUEL HUMPHREYS . I am a composition-maker. On 27th Feb., between three and four o'clock in the morning, I was in the British Coffee-house, having some breakfast—the prisoner came in, and sat opposite me—I never saw her before—she took up a fork, put it into my plate, and took a portion of what I was eating—I said I did not like my food to he touched, I would
rather pay for some for her—she said I was b—y liar, she had not touched any on my plate—when I accused her again she struck at me with her hand as I thought, and knocked my but into the next box—I put my hand up and felt blood on my hand and my temple—I did not see the fork in her hand till she had made the blow—I was flurried—some person called in the policeman, and I gave her in charge—I had some sticking-plaster put on the wound in my temple, and the next day I went to the doctor who dressed it—to the best of my judgment the prisoner was sober.
CHARLES THOMAS CARTER . I keep the British Coffee-house. On the morning of 27th Feb. Humphreys came in—he had some coffee, and eggs and bacon—the prisoner came in, and sat on the opposite side, by the side of a friend of his, who came in with him—she had part of the bacon and eggs that his friend was eating—he cut it off, and put it on a piece of bread, and gave it to her—I did not see that she had any of the prosecutor's, but I heard him accuse her of it—I went to see what it was, and I saw her with a fork in her hand, and before I could get to her she made a job at his head with it—it was the fork which his friend had been eating with.
MICHAEL TROAN (policeman, A 482). I was on duty in Blackfriars-road—I heard a noise in the British Coffee-house—I went in, and saw the prisoner—she did not deny that she had done it—she was quite sober.
Prisoner's Defence. I met him and his friend, and we had some gin; then they went into the coffee-shop; I went in, and, knowing his friend, I asked him for some, and he gave it me; somehow I took a piece off the prosecutor's plate, and he took my bonnet, and was going to tear it; I put up my hand, and the fork hit his face.
GUILTY of a Common Assault. Aged 24.— Confined Two Months.
671. JOHN EATLEY , stealing 2 canvas bags, value 2d.; 1 sovereign, 8 half-crowns, and 16 shillings; the property of John Penrice, his master: to which he pleaded GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 31.— Confined Eighteen Months.
Before Mr. Recorder.
GUILTY . Aged 31.— Confined Two Months.
GUILTY . Aged 27.— Confined Fourteen Days.
COVELL pleaded GUILTY . Aged 42.— Confined Six Months.
WEEKS pleaded GUILTY . Aged 35.— Confined Six Weeks.
676. WILLIAM JONES , stealing 1 copper ball, and other articles, value 7s.; the goods of John Woodward; also, 1 tap, and other articles, value 4s. 6d.; the goods of Henry Treble; having been before convicted: to which he pleaded GUILTY .*** Aged 19.— Confined One Year.
GUILTY . Aged 22.— Confined One Year.
GUILTY . Aged 16.— Confined Three Months and Whipped.
WILLIAM GIBBS (policeman, V 77). On 13th Feb. I stopped the prisoner on the Wandsworth-road, carrying this tea-kettle, without a lid, under his arm, under his coat—I asked what he had got—he said a kettle, which he was going to take to have a new lid put to it—I took him to the station.
Prisoner's Defence. I found it on the shore.
GUILTY . Aged 18.— Confined One Month.
680. JAMES WHITE and MATTHEW KEOUGH , stealing 1 waistcoat, value 1s.; the goods of Nicholas Neal: 1 jacket, 20s.; the goods of John Hasset: and 1 jacket, and other articles, 19s.; the goods of Christopher Thompson, in a vessel, on the navigable River Thames:Keough having been before convicted; to which
KEOUGH pleaded GUILTY . Aged 19.— Transported for Seven year.
JOSEPH SHAIN (Thames-policeman,40). I was off St. Saviour's Dock, on the morning of 8th Feb.—I saw the prisoners in a boat—I knew White, and asked him what he was doing in the boat—he said he was going to give the other one a cast on the shore, who had just come from Mills'-stairs—I took them into custody—White bad this jacket on, which I afterwards found an owner for.
JOHN HASSETT . I am apprentice on board the brig Secret, which was lying in the Thames—this is my jacket, it was in the cabin, on board the brig, in Pickle Herring Tier—I saw it safe at eleven o'clock on the night of 6th Feb.—the prisoners were stopped at two in the morning, on the 8th.
Whites Defence. The coat was lent to me by Keough, to row to the dock in; I wish him to he sworn.
MATTHEW KEOUGH (the prisoner). I was coming down Mills'-stairs, at a quarter-past one o'clock, White was standing at the stairs, and asked me if I wanted a boat—I said I had no money; he said, "Never mind"—he took me, and said he was very cold—I lent him the jacket which I had got on board the vessel on Tuesday night—no one saw me—I got the clothes which were on me down in the state-cabin—I was by myself—I swear this man was not with me—the value of the jacket I lent him was 25s.—he put it on, and had it on when the officer stopped us—I was going across to sell the things.
JOSEPH SHAIN re-examined. White had no jacket on under this jacket—he walked from the station to Stepney police-court in his shirt-sleeves—there has been eight or nine vessels robbed there—the prisoner might have walked round
just as well as going by water, it was not more than 100 yards—the boat they were in they had stolen—it did not belong to either of them—White is not a waterman.
WHITE— GUILTY . Aged 21.— Confined One Year.
EUDOSIA HARRINGTON . I am a widow, and live at Kennington. In the afternoon of 22nd Feb. I was in Kennington-lane—I had two or three duplicates in my purse—I went into a house, and received two sovereigns, one half-sovereign, and 30s. In silver—I left there, and went to Mr. Rent's—I then missed my purse and money—I went back to Mr. Harrison's, where I had been before, and inquired—I gave information to the police—Mr. Harrison's is a few houses from the corner of Devonshire-place.
Cross-examined by MR. COOPER. Q. Did you describe the purse to any policeman? A. No; I said I had lost my purse, and it had steel slide and tassels—I cannot tell where I lost it—I did not see any persons passing.
CLEMENTS BARTLETT . I live in Devonshire-street, Kennington-lane, and am a lighterman. On 22nd Feb., at a little after two o'clock in the afternoon, I was coming up Devonshire-place—I saw the prisoner about five yards ahead of me, and when he had got a few doors round the corner, I saw a dark purse on the ground, with bright steel slides, and full at both ends—the prisoner stooped down and picked it up—I said, "You have got a good prize there"—he said nothing, but looked at me and crossed the road—he went down Loughborough-street, and examined something—he dropped what appeared to me to he a piece of paper—he picked it up, and went down the street—I saw a policeman, who spoke to the prisoner—he pulled out his pocket-book, and gave a card—I was not more than three feet behind him when he picked up the purse—I saw it on the ground before he got to the spot—it was between Mr. Harrison's house and the next house, and five doors from Devonshire-place.
Cross-examined. Q. You mistook the person who picked up the purse for some friend of yours? A. That was when his back was towards me—I said "Gardiner" to him—I walked on, and saw where the prisoner went to—I saw no other person but three persons on the opposite side of the way—the policeman was on the opposite side of the way.
JOHN GRAND (policeman, L 173). Bartlett pointed out the prisoner to me—I stopped him, and asked him if he had picked up a purse—he motioned that he did not understand English—I stooped as if to pick up something, and asked him if he had picked up anything—he said, "No, me pick up nothing"—he took out his pocket-book, and gave me his card—he went towards Westminster-bridge—I followed him a little way, and then came back and met the lady—she said she had lost her purse, containing 4l. 2s.—I went after the prisoner, but could not see him.
Cross-examined. Q. You found his card was correct? A. The sergeant found him by that, I did not go—he was told to attend next day, and did so—I did not search him, because I did not consider it was my duty—I did not suspect that what was told me was untrue—I have been a policeman four years.
NOT GUILTY .
Before Edward Bullock, Esq.
NOT GUILTY .
(The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 8TH, 1850.