CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 8TH, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 8th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB, LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Erle, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Thompson, Esq., M.P.; William Taylor Copeland, Esq., M.P.; Sir George Carroll, Knt.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; Francis Graham Moon, Esq.; David Salomons, Esq.; Thomas Quested Finnis, Esq.; and Robert Walter Carden, Esq.; Aldermen of the said City: and Edward Bullock, Esq., Common Serjeant of the said City: 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.
WILLIAM LAWRENCE, Esq., Ald.
DONALD NICOLL, Esq.
JAMES JOSIAH MILLARD, Esq.
DAVID WILLIAMS WIRE, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. SIXTH 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, April 8th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL, Knt. Ald.; Mr. RECORDER; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and Mr. Ald. CARDEN.
Before Mr. Recorder and the First Jury.
MR. BALLANTINE conducted the Prosecution.
WILLIAM SMITH . I am a wine-merchant of 5, Leicester-square—I have known the prisoner for several years. On 12th Feb., 1849, he called at my house, and asked me to cash this check for him(Produced)—I saw him write it—I gave him two sovereigns for it, supposing he had assets at the banker's.
COURT. Q. Do you mean that you believed he had any assets at the banker's at the time you gave it him? A. I thought nothing to the contrary. (The check being read, was on Drummond and Co., Charing-cross, for 2l., and was signed "R.C. Willis:")
Cross-examined by MR. PARRY. Q. Of course you were under the impression that it was a good check? A. Yes; the prisoner has been in the habit of frequenting my establishment; we were on friendly terms; have occasionally drank wine together—chess is played at my house; some of the first chess-players frequent it—the prisoner has occasionally dined with me at my invitation—if he had asked me to lend him the two sovereigns I should have done so, or I would have given him them if he had said he required it—I gave him the money expecting the check would be paid—I thought it was a legal thing—I have no idea whether he had an account at Drummond's—I have not been paid the money.
GEORGE CHARLES COX . I am one of the cashiers at Messrs. Drummond's—I do not know the prisoner—I have searched our books; they are not here—I have to pay checks over the counter—other gentlemen also pay checks—the ledger contains the account of customers—I do not keep the
ledger—I am able to say that no money has been paid into the prisoner's account; not only was there no account, but there were no orders to pay.
Cross-examined. Q. How many other gentlemen pay checks? A. Five others—I have been fifteen years in the bank—this check was presented to me, and the answer I gave was "No account."
WILLIAM SMITH re-examined. The check was written before I gave him the two sovereigns—I went before the Magistrate about six weeks ago, when he was brought up at Marlborough-street—I did not put the matter in motion—I did not see the prisoner in the course of the twelve months from the time this occurred; I think I could have seen him if I had wished.
NOT GUILTY .
MESSRS. BALLANTINE and COCKLE conducted the Prosecution.
JEAN FRITZ CHRISTIAN JADEQUET . I am waiter to Mr. Nind, at the Sablonaire Hotel, Leicester-square. On 27th July the prisoner dined there with a lady; his dinner came to 14s. 2d., in payment for which he handed me this cheek(Produced)—I took it to Mr. Nind, and by his authority I gave the prisoner the change—the check was already written when he gave it me.
Cross-examined by MR. PARRY. Q. Had he dined there the day before? A. No—my master did not change the check—it was the housekeeper, my master's sister—Mr. Nind saw it—the prisoner had dined there several times before, at long intervals—his dinner usually came to 4s. or 5s.—when he gave me the check he said, "Give me change out of the bill"—I asked my master, before I gave the prisoner the change, whether the check was good or not—he asked if I knew the gentleman—I said I knew him only by being there three or four times before, and then my master said "Give the change"—I had not then got the money from Miss Nind—I got the money afterwards—I gave him four sovereigns, and the rest in silver.
PHILIP NIND . This check was handed to me on 27th July, by Jadequet—I directed him to point out who had given it to him, and he pointed out the prisoner—I then authorised him to give the prisoner the difference, 4l. 5s. 10d.
Cross-examined. Q. Your waiter told you that he knew him? A. Yes—I knew him before as a customer—I sent the check to my bankers, the London Joint-Stock Bank—I received it back again I think on 2nd Aug.—I have since heard that the prisoner was formerly possessed of an estate of considerable extent, called Ravenhill-hall, near Beverley.
MR. COCKLE. Q. When this money was paid, did you believe this to be a good order? A. I did; it was under that belief that I parted with my money. (This was a check for 5l. on Bower, Dewsbury, and Hall, bankers, at Beverley, payable at Currie and Co.'s, Cornhill; signed, "R. Willis.")
THOMAS VALENTINE HEWITSON . I am a clerk to Currie and Co., of Cornhill. In July and Aug., 1849, there was no credit in favour of R. Willis, from Bower and Co., of Beverley—I have not known any checks drawn in the name of Bower, Dewsbury, and Hall, since I have been in the house, which is eight years—Mr. Dewsbury has been dead many years—we are the agents of that bank—the name is now Bower, Hall, and Co., and has been so more than twelve months.
Cross-examined. Q. Do not you know that Mr. Willis has by letters of credit received money at your place? A. I have never known of anything
of the kind—I do not swear that he has not, but it has not come to my knowledge—I am cashier—I was in the country department at the time the check was presented—if we had received a letter of credit from Beverley we should have paid the check, although it has the name of Dewsbury on it; we might have required a draft to make it more legal—I never knew Mr. Dewsbury in the firm—if a single letter of credit was sent it would appear in the advice-book, or the payment-book—I do not remember this check being presented.
MR. COCKLE. Q. Did you examine the advice-book, the payment-book, and ledger? A. I examined the advice and payment-book, but not the ledger—I have found no letter of credit in favour of the prisoner.
CHARLES HENRY PRIESTLY . I am a clerk, in the house of Bower, Hall, Smith, and Barkwith; there are four partners. I do not remember the firm when Mr. Dewsbury was in it—there is no firm at Beverley of the name mentioned in this check; our house represents that form—possibly some of our customers may have a check-book in that form—I have examined the books of our firm—no sum of 5l. was paid in in July or Aug. last for the purpose of being advised to the credit of R. Willis at London, nor at any antecedent time.
Cross-examined. Q. What position do you occupy in the bank? A. I keep the ledger; I am cashier as well, and correspondent—I should have known if any sum was paid in to his credit—I am not the only correspondent; there are one or two others—it would be the correspondents' duty to advise this money to London—it is my duty to keep the ledger—I have looked at the ledger for July and Aug., and back for many years, and forward too; if there was any such entry it ought to appear in the ledger, and in the letterbook there is no such entry—I do not know an estate near Beverley called Ravenhill-hall—I do not know that the prisoner has a nephew, a man of property, residing in Beverley—I have heard that his mother resided near there many years ago—I have been nearly fourteen years in this bank—Scarborough is about thirty-five miles from Beverley.
THOMAS VALENTINE HEWITSON re-examined. We do not issue such checks as this, made payable at our house; this is an order payable at our house, subject to the receipt of a letter of advice—if he had drawn a check on us, if there had been the advice of the money, that would have been sufficient—we should require another check to be signed by the party, it is not a legal draft, as it was drawn more than fifteen miles from Beverley; we should have been liable to a penalty of 100l. if we had paid it.
COURT to PHILIP NIND. Q. Did you look at this check before you took it? A. I merely took it in my hand; and when the gentleman was pointed out to me, thinking that he would not give me a false check, I told the waiter to accept it in payment—I did not examine it—I believed it to be genuine, seeing it was in a banker's form—if I had looked at it I should have seen there was no date on it—I should not have objected because it was drawn on a banker's in the country.
Cross-examined by MR. PARRY. Q. Did you see Currie and Co. on it? A. I did; seeing that it was a country note, I wished to assure myself whether it was made payable in London—I believed that it was—I would not have parted with my money if I had not believed that.
COURT. Q. If it had not had "Payable at Currie and Co.'s" upon it, you would not have taken it? A. I should not.
There being no pretence laid in the indictment to meet this state of facts, the COURT directed the Jury to find the defendant
NOT GUILTY .
MR. COCKLE conducted the Prosecution.
THOMAS THOMAS . I keep Hatchett's Hotel, Piccadilly. The prisoner was staying there—on 11th April, 1849, about nine o'clock in the morning, he sent for me, and said he wished to leave by a train going at ten—he then tendered me this receipt for 14l. 13s. 1d. (Produced)—he said that the office of Mr. Hodgson, the treasurer of Queen Anne's bounty, did not open until eleven o'clock, and that it would be an accommodation to him if I would take my bill out of that receipt, and give him the change—the amount of my bill was 3l. 8s. 6d.—I took it of him, and gave him the difference—there must have been gold and silver among what I gave him—I cannot say what coin it was—it must have been the coin of the realm—I know I gave him even the fractional penny—before twelve I presented it at Mr. Hodson's office, in Dean's-yard, Westminster—I did not get the money—I was told that mine was the seventh application.
Cross-examined by MR. PARRY. Q. You seem quite positive about the penny? A. I am—I cannot swear it was not two halfpence—he did not write out this receipt in my presence—I took it from him personally—I did not know him before; my porter did—he told me he wished to leave town by a ten o'clock train, that Mr. Hodgson's office did not open until eleven, but that if I would present it at eleven it would be paid without any hesitation.
MR. COCKLE. Q. Are you able to say whether you gave a note? A. I could not swear at this period, because I gave him change out of the bill—my impression would be that I gave him a 5l.-note, because I generally reserve as much gold as I can—I will swear I gave silver—the sum was 11l.—I will swear I gave the change in the current coin of the realm, and there must have been one or two sovereigns—I will swear there were shillings.
CHRISTOPHER HODGSON , Esq. I am treasurer to the Governors of Queen Anne's bounty. Mr. Thomas produced this receipt to me on 11th April, 1849—the incumbent of Minster, in Kent, was at that time entitled to the sum specified in the receipt, as a half-year's dividend—I did not know at that time that the prisoner was not entitled to it—he is incumbent of Minster—any person bringing a receipt signed by the incumbent would receive the money—the prisoner was not entitled to the sum mentioned in the receipt on 11th April, but I did not know it at that time; I know it now, I had a certificate from the Registrar of the diocese of Canterbury—I received a letter from the prisoner about half-past ten o'clock that morning, desiring me not to pay anybody—the writing of the letter is similar to the receipts which I have had from him before—I have never seen him write—I have acted on those receipts, and paid money on them, not to him personally, but to persons who have brought them from him—I have here two receipts in his handwriting—I have had no personal communication with the prisoner on the subject of those receipts, only by writing—he has answered one letter of mine—I have that answer here—that is the only letter I had from him, except the one I received on the morning of 11th April—I can say that money was paid on these receipts—I never had any complaint from the prisoner respecting the money so paid—this letter came by a messenger—there is no envelope to it—my office opens at ten in the morning—that is the usual hour.
Cross-examined. Q. How long has the incumbent of Minster been entitled to this dividend? A. I think from 1847—we have paid him twice, and afterwards the living was under sequestration, and it was paid to the sequestrators.
MR. COCKLE. Q. Has that money actually been paid over to the sequestrators? A. Yes, subsequently, by my cashier.
GEORGE ASTON . I am cashier to the Governors of Queen Anne's bounty. On 11th April the prisoner, for aught we then knew, was entitled to receive the sum named in this receipt—if nothing had occurred to prevent it I should have paid it—we have since paid the money to the sequestrators—I have never paid any of these sums to the prisoner personally—the first payment made to him was in Oct., 1847—he became Incumbent in the July previous—he was paid the half-year, due on 10th Oct., 1847—that was paid to his receipt, which is here—in April, 1848, another half-year became due, and for that half-year three receipts were presented; we paid one of the three, the first that was presented, the other two were rejected; then commenced a correspondence—Mr. Hodgson thought it a case that it was his duty to represent to the Archbishop of Canterbury—he did so, and at the same time he wrote to the Incumbent, and his answer is now in Mr. Hodgson's possession—when letters are sent from our office they are put into the letter-box, and the messenger comes round at the close of the office, seals them, puts a stamp on them, and takes them to the post—that is the daily process—I am not able to say whether the letter addressed to the prisoner was put into the box—it was written by Mr. Hodgson.
MR. HODGSON re-examined. I wrote that letter—this(produced) is a copy of it—after writing the letter I gave it to the clerk to put it into the box.
MR. ASTON re-examined. The answer has not a post-mark on it—it seems to have been enclosed in the envelope, which most likely was put into the waste-basket—I can positively swear that money has been paid on each of these receipts to the parties whose names are written on the back—there is a set form for these things issued by the office—that set form is copied most accurately in these receipts, in every way—they purport to be signed "Richard Child Willis, incumbent," and in the letter to Mr. Hodgson be signs himself R. C. Willis—subsequent to that correspondence, which was in April, 1848, we have paid one receipt to Dr. Willis' signature; that was at Michaelmas, 1848—I can hardly say that in doing so we acted on that letter—that was merely an explanation of why he passed three receipts before, but at the subsequent Michaelmas another half-year became due, and we paid it to his receipt, not with standing he had presented three on the previous Ladyday—we acted upon the letter as coming from him, and we paid one of his receipts afterwards—this is the letter we received from him in April, 1848—(read)—"To C. Hodgson, Esq.,—Vicarage, Minster, 17th April, 1848. Sir,—I was exceedingly grieved to find by your letter, which reached me on Saturday evening, that you should imagine I had done anything by which you should have been the sufferer; I can assure you, Sir, such was very far from being the case, inasmuch as one of the three receipts you mention had been actually paid as the bankers can testify, though the party who banded it in with others was quite unaware of the circumstance before it was presented; the others I was assured would not be presented at all, being, as I told the tradesmen, and positively believing it to be so, wrongly worded; I could be far more minute in this unfortunate affair, but as you require a statement by Tuesday, and I am perfectly overwhelmed with duty, I find it impossible to add more at present. I am, Sir, with the greatest possible regret at what has occurred, your faithful servant, R.C. Willis"—this other letter is the one we received on the Wednesday morning, 11th April—I believe it to be in the prisoner's writing—I also believe these two receipts to be the same handwriting—(letter read—"Tuesday evening, 10th April, 1849. Sir,—As I am a little recovering
from a state of mind almost bordering upon insanity, I feel well assured that I have distributed to tradesmen more receipts for Queen Anne's bounty for the parish of Minster, in Kent, than one; I hope therefore that none will be attended to, for I have not been master of my own actions. I write this with the deepest concern, in much agony of mind. I have left Minster, nor will my health permit me to return. I am, Sir, yours, &c., R.C. Willis.")
Q. Was it in consequence of that letter that the receipt on that day was not honoured? A. I can hardly say it was in consequence of that letter—it certainly was in consequence of this that Mr. Thomas's was not paid, only I should explain that before Mr. Thomas's was presented six others had been presented and refused payment by me—I have those receipts in my possession—this letter rather strengthened the information that had before reached us.
MR. PARRY to MR. THOMAS. Q. When you took this receipt did you believe that the prisoner was the Incumbent of Minster, as there represented? A. I had no doubt of it—he told me so—when he asked me to give the change I rather hesitated, and he said, "Why I have known your house some years since, and there is my card;" and he tendered me a card with "Rev. Mr. Willis, Minster," on it, and seeing "Rev." before it, and his appearance, I was induced to give the change—I unquestionably believed that it was his receipt, and that he was entitled to the money; and on the faith of that I gave him the change.
MR. BALLANTINE. Q. Did you consider whether or not it would be paid when it was presented? A. I asked that question—I said, "Will there be any difficulty about this?" and he said, "None at all"—if I had known that he had written a letter to prevent its being paid, I should certainly not have parted with my money.
COURT. Q. Did you read the document which he gave you, through? A. I did—I think it describes him as the incumbent of Minster—I believed it was a genuine instrument in the terms in which it is expressed—he said if I took it, or sent it at eleven o'clock, it would be paid—he specially told me that the office did not open till eleven, and when I presented the receipt six others had been presented—some of the gentlemen were in the office at the time.
GUILTY . Aged 50.— Confined One Year.
NEW COURT.—Monday, April 8th, 1850.
PRESENT—Mr. Ald. CHALLIS and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MESSRS. BODKIN and ROBINSONS conducted the Prosecution.
HENRY MERCER LUDLOW . I am clerk in the office of the South-Eastern Railway Company. We had five copies of "Kelly's Commercial Directory" supplied to the Company at the latter end of last year, through Giles, 24, Upper King-street, Russel-square—on 17th Dec. I sent a letter there on the subject of their account—it was brought back to the office and destroyed—I have a copy of it—it was to state that if Kelly would apply to the office he should receive his account of 7l. 10s.—in a day or two afterwards a man named Humphreys came to our office and brought the letter, and a stamped receipt, signed with name of Collin Kelly, but not filled up—this is it—
I desired him to fill it up, which he did—my initials are on it—I directed him to another office, where he would get a check for the money on the production of my signature—I did not see the check given to him—on Saturday, the 22nd, I saw Mr. Giles, to whom I had given the order; and in consequence of what he said I went to 24, Gloucester-street, Queen-square, with Hallam, a letter-carrier—I saw the prisoner—I told him I came from the South-Eastern Railway Company, respecting a note he had received—he said, "A note, a note!"—I said, "Yes, a note you received from there to receive 7l. 10s."—he went in his office, and then said, "Yes, I did receive it"—I said, "Here is the postman that will prove the delivery of the letter to you"—he said, "O yes;" and turned to a young man and said, "What came of that letter"—he said he did not know—the prisoner said, "I remember coming the next morning to the office, and it was gone"—I then inquired if any person had access to his office—he said, no; no one but the person that was there, that was Hardwick—I then asked him if he would go to the treasurer; he said he could hardly spare time—he said, "You can look at my books, you will see no account of any such sum"—I took him to the South-Eastern Railway, and brought him to the treasurer—the receipt was produced, and the prisoner was asked if he knew anything about it—he said, "The writing is something like my father's;" then he said, "No, it is not."
Cross-examined by MR. BALLANTINE. Q. Hardwick was present when you went to the prisoner's office? A. Yes; I think he was when we went in—his attention was called to what was going on—Mr. Kelly asked him if he knew anything about that letter, and he said, "No"—Kelly said, "You know I inquired about it the very next day," and Hardwick said, "Did you," or something of that kind—Humphreys was given in custody about this matter, and he has got himself out of it by changing this man.
CAPTAIN JAMES JOHN GRAHAM . I am treasurer to the South-Eastern Railway Company. On 19th Dec. this receipt was produced at my office, by a man, I cannot say his name; I gave him this check on the bankers of the Company—it is marked "and Co.," so as to make it payable at a banker's—on 22nd the prisoner came with Ludlow and a postman—I asked him what he had done with the letter—he said he had thrown it down on his desk, and thought no more of it till the next morning—I asked whether he was in the habit of throwing down letters that related to money on his desk, and taking no notice of them—he said no, he was not—I said he must see the necessity of making every exertion to find out who had obtained the letter—he said when he went to look for it the next morning, he could not find it, and had not seen it since—he asked to look at the receipt; I showed it him, and after examining it he said it looked very like an imitation of his father's handwriting—he then went away, on the understanding that he was to make inquiries whether any one about his premises had taken the letter—he said it could not be any brother of his—he came to me on the Wednesday or Thursday afterwards, in the evening; he said that persons about his premises gave him a great deal of annoyance; that they were inquiring about, and watching about there, and it was doing him incalculable injury in his business; and if we would have those persons removed, he would guarantee that the money should be paid in—I told him the matter was in the hands of the solicitors of the Company—I think he asked for the address; I gave it him; he was going to write it down, and he suddenly checked himself, and said his hands were cold, and asked me to write it down—I did not do so, but I mentioned where he would find them—I am not quite positive whether he had taken a pen in his hand—there were writing materials on the table.
Cross-examined. Q. What was the date of the last occurrence? A. It was on the Wednesday or Thursday after the Saturday; I think that would be 27th Dec.—it was not warm; it was Christmas weather—he said the reason he did not take notice of the letter was, he was busy—he said, in the course of conversation, that he saw the letter was not for him—I do not think he said that, when I asked him if it was usual for him to take so little notice of letters relating to money—he did not come to complain that the police were about his house talking to his neighbours and libelling his character—he said it was doing him an incalculable deal of injury in his business; he did not say "the lies" the policemen were telling about him; he said "those people" being about the premises, he did not say what people—he said he had got a clue to the person who had obtained the money, and he would guarantee it should be repaid if these persons were removed—I do not recollect his saying, that rather than submit to such annoyance and injury, he would pay the money out of his own pocket: he may have said that—John Humphreys was charged with this matter by the Company—I was a witness—Humphreys is not in the employ of the Company—I do not know that he has been paid anything—I paid him nothing but the check.
MR. BODKIN. Q. Have you been ordered to pay anything to Humphreys? A. I never heard of such a thing—I do not think that the prisoner, in the course of conversation, gave me any description of the person that he said he had a clue to, or the name—I am sure he said the first time I saw him that he had discovered the letter was not for him—he said that, in reference to the time he threw it down on the desk.
JOHN HALLAM . I am a letter-carrier. On 18th Dec. I received a letter from the carrier of the Upper King-street district—the direction on it was, "Kelly, 24, Upper King-street, Russell-square"—the person could not be found at that address—I knew a Mr. Kelly, of 24, Gloucester-street, Queen-square—I took the letter there, and saw the prisoner—I presented it to him, and asked if it was for him—he opened it, and said, yes, it was all right—I left it with him—on 22nd I was present at the prisoner's place of business with Mr. Ludlow—Mr. Ludlow asked him if he had not received a letter that did not belong to him—he first said, "No"—he afterwards said, "By-the-by, I did receive a letter; I opened it, and put it on the desk, and have not seen it since."
Cross-examined. Q. Can you tell whether there was a second letter delivered that day? A. I do not think there was—this letter(looking at one) is of the same delivery—if I did my duty I should have delivered this—the post-mark proves it came to my delivery—I have no recollection of delivering it—I do not know how it came to the prisoner's hand—it might have been mis-sent—it is not marked so—it is quite clear that it has been through the Post-office—there is a stamp on it—I cannot tell whether or not it was regularly delivered—I have no recollection of the letter—I can tell that it ought to have been in my hands—I will not swear it was not—I will not swear it was not delivered that morning—I have no recollection of delivering more than one—I believe this one has been mis-sent in some way—there are two stamps on it—there is a stamp on the back—I will not swear I did not deliver it—the delivery was at twelve at noon on the 18th—the stamp was put on it at the General Post-office, and it was delivered for the twelve o'clock delivery—sometimes they are put back, and then I should not have to deliver it, unless it comes at six o'clock.
MR. BODKIN. Q. Have you any recollection of delivering any other letter to the prisoner than the one you speak of? A. No; that letter was in
another man's walk—I received it from another man—I knew it to be a letter about which there was a question—I am positive that the letter the prisoner opened, and said it was all right, was the one I received from the other walk.
WILLIAM HALDIMAN GILES . I was acting last year as agent for Messrs. Kelly, the publishers of the "Directory." I got orders for five copies from the South-Eastern Railway—I was then living at No. 24, Upper King-street, Russell-square, and that was the address I gave—this is the account I sent in, 7l. 10s.—I called for the payment of it—the last time I called, was on 22nd Dec., and a communication was made to me, which led to this inquiry—I had not then removed—I removed two days after Christmas-day—the reason the letter did not reach me was because it was addressed to Mr. Kelly, instead of Giles—on 22nd Dec. I was informed that the money was paid—I had not received it; I have now—this receipt is not my writing; I have no knowledge of it—I was at the office when the prisoner came there—Captain Graham asked him some questions—he certainly acknowledged having received the letter, but denied all knowledge of the money—this matter then came before the Magistrate, and Humphreys has been taken into custody—on 16th Jan, I met the prisoner opposite the Bank of England, between one and two o'clock in the day—he stopped and spoke to me—that was after there had been one hearing before the Magistrate—he asked me whether I had heard anything since the last examination—I said, "No"—he said, "Of course, in your position, I do not expect you to know much about it"—I said I had heard nothing since then; it was entirely out of my hands, and I had nothing more to do with it—he said, "I had much rather have been committed by the Magistrate than to have been remanded; I should have known what to do; I should have taken it to a higher Court (to the Queen's Bench, I understood him); but as I am remanded, I do not know what course they mean to pursue"—he said, "Of course, I know all about it; it was never intended to defraud the South-Eastern Company; it was thought the letter was intended for my father, Colin Kelly, and at this season of the year we thought to do him out of it, to have a bit of a spree; we intended to have paid my father in a month or two's time"—that was all that passed, as far as I can recollect—I had been at the examination to which he alluded—I had seen Thomas there—I said to the prisoner, "I understand the person Thomas, you alluded to as having received the money, was in court at the time"—he said, "I know he was," or words to that effect.
Cross-examined. Q. Were you examined at all at the police-court? A. I was—I believe it was only against Humphreys—he only was in custody on the first occasion—I cannot state positively whether I was ever examined against Kelly—I was in a very little scrape about this—my employers blamed me for having given my address—they said it was contrary to their rules—if I had not given my address, probably this mistake would never have occurred—I was suspended since the occurrence, till about three weeks or a month ago, I am sure it is more than a fortnight—I never told the conversation to my employers—I cannot say who I stated it to first, I meet a great number of people, I told it to somebody I met, a friend of mine—I told it in a room at the Sun public-house, near St. Clement's Church, in the Strand—that was not where I first told it—I told it to a person who was with me when the conversation took place—there was a gentleman with me, Mr. Haslar, one of our agents—he saw me in conversation; he did not hear any of it—I did not ask Kelly to tell me all about it—I did not tell him if I did not know all about it I should lose my situation—I was not suspended then—I cannot state the exact date when I was suspended—it was about a month after that—I did
not mention what Kelly told me to my employers; I did not think it worth while to tell them—Kelly said he knew all about it, it was intended to have a spree with—I presumed from his Words he was a party to the spree—I did not tell my employers, because they had nothing to do with that—I told the Railway Company—I cannot say whether I was suspended then—I do not think I was—I will not swear that I was not—I will not swear that on the very day after I was suspended I went and made the statement that I now make—this conversation occurred opposite the Bank, opposite the Duke of Wellington's statue—I was standing while the prisoner spoke to me—my friend, Mr. Haslar, was on the opposite side—he left me, as he did not know who the gentleman was—he did not know what conversation we had—I had been walking with him before—I cannot recollect whether we walked arm-in-arm—Kelly came up, and he walked across the road, and remained there till I had done talking—the prisoner asked whether I had heard anything since the last examination—I said no, the case was out of my hands, I had nothing to do with it—he said he had much rather have been committed than remanded, and then he talked of taking it to a higher tribunal—then he said, "Of course, I know all about it"—they were his very words, to the best of my belief—I think he said, "It was intended to do my father out of it"—I will swear he did not mention Humphrey's name.
MR. BODKIN. Q. Have you any, the slightest interest in this prosecution? A. Not the slightest—I knew when I met the prisoner, on 16th Jan., that the case was prosecuted by the South-Eastern Railway Company—a day or two after I had this conversation, I went and repeated it at the solicitor's office—this paper(looking at one) enables me to say what day I made the statement—it was on 28th Jan.—Mr. Church took it down from my statement at the solicitor's office—I am not a weekly or quarterly servant; I sell on commission—I have a salary likewise; but when selling the books I have no salary—I believe, having given my name to another party, combined with this transaction, produced my suspension; that was the sole cause—they have re-instated me—I went twice to the Magistrates' office—on the first occasion Humphreys alone was the person charged—on the second occasion he stood where the persons under charge stand—Mr. Kelly stood by him afterwards—I met him on 26th Jan., and he said he would rather have been committed than remanded—that enables me to say he had been charged before—I think the last examination had been that day week, 9th Jan.—I have not been before a Magistrate since I had the conversation.
JOHN HUMPHREYS . I was acquainted with the prisoner—I remember going to the South-Eastern Railway Company's office on 19th Dec.—I took this receipt with me—the name of Colin Kelly was on it—the other part was blank—I wrote the receipt in the office—the prisoner sent me to the office with the receipt—I took this receipt and a letter from him—he told me to go and receive the money, 7l. 10s.—that sum appeared in the letter—I obtained this check for the money—I returned to Mr. Kelly's counting-house with it as soon as I received it—I went there of my own accord—I got back about twelve o'clock—I saw Mr. Kelly, and gave him the check—he said it could not be changed because it was crossed—I saw him again at four o'clock—he gave me the check, and told me to get it changed, and to be back with the money as quick as I could—I was to be paid for my trouble—I was to have 7s. 6d.—I told him I should have to give something to get it changed, 5 per cent.—I did not tell him why—on the evening of the 19th I returned the check to Kelly, and told him I could not get it changed—he gave it me again on the 20th, and told me to get it changed—I gave it to Burke, a relation of
mine, to get changed; and on Friday, 21st, he brought me 7l. 2s. 6d., and stopped the 7s. 6d. for his commission—I handed the 7l. 2s. 6d. over to Mr. Kelly the same day, and he gave me 2l. out of it—this name was written to the receipt—I cannot swear to it, but I believe it to be Henry Kelly's—the first time he gave it me to get cashed was in Clare-market—the second time was in his counting-house.
Cross-examined. Q. You believe this "Colin Kelly" on the receipt to be the prisoner's writing? A. Yes; I do not know that it is—I only speak to my belief—he gave it me in this state—I know the prisoner's father, Colin Kelly; I have not seen him write—I have seen the prisoner write several times, and other persons have seen him write likewise—I have a doubt about this writing—I did not see him write it—he gave it me in his counting-house—the remainder of it is my writing—by desire of Henry Kelly, I was to fill up the body of the receipt—I filled it up after I got to the railway-office—I had the blank receipt with Colin Kelly's name on it—I had to fill it up—I do not think there was anybody present when I received it—in Dec. I was living at 6, Gray-street, Caledonian-road—I was very ill in bed on 18th Dec. till about two o'clock—I went to Mr. Kelly about four, and he said he should want me the following morning—he had employed me before—he knew all about me—I had sold him a little timber—I am not a timber-merchant—I had been engaged for him before, and this 2l. was in payment for services rendered before—he did not pay me anything for getting the check changed—I got the 2l. payment for that and other services—I thought it an honest transaction, and considered I was acting with perfect propriety—I knew on the Saturday from Mr. Kelly that it was a dishonest transaction—he said it was a mistake in the check, and he would settle it—he said a person had been from the railway, there was a mistake, it was the wrong party—I know a brother of the prisoner: I do not know his name, nor where he lives—I told the officer it was the prisoner's brother who gave me the check—that was false—I was given into custody, and charged with being the person who stole this, and then I told this story—the prisoner wished me to say it was his brother—I told the officer by his request, I believed it was Mr. Thomas gave me the check—I charged an innocent man to the officer—I am now in the cigar and tobacco line, at 1, White-conduit Place, Pentonville—I have been in that line about a month—I have been out of business and out of employ for the last six or eight months—I was living on my friends—the prisoner owed me the 2l. nearly three months—I generally got 5s. at a time of him—I did carry on business as a wine-merchant—I was not in partnership with a person named Ansted—I lived in Norton-street, Titchfield-street—I went to Epsom races about ten years ago—I took wine and spirits and beer there, but it did not pay me—I was tried in 1840 for drawing a check on Wright the banker for 28l., when there was not sufficient to meet it—I had 22l. there—I had six months for that, though it was only a mistake—that was the only time I have been in trouble—I paid a bill away, and they charged me with forgery—that was three or four years ago—I was not tried for that—I was remanded for two days—I was taken before a Magistrate, and afterwards discharged—there was an action brought—I was at Epsom with a man named Nokes, who passed bad money, but it was not then he was token—I have never been charged with keeping a brothel—I was not turned out of the house in Norton-street for it—I left the house of my own accord—I have been through the Insolvent court—I got passed the first time I came up—I know a man of the name of Sparks—I remember getting a quantity of goods sent in from Birkit's—they were not pawned at Attenborough's; they
were sold in the usual way—I paid for them after I sold them—I know Joseph Abrahams; he is an attorney's clerk—I did not consult him about my defence in this matter, or any attorney's clerk—I do not think that I told Mr. Abrahams that the person who gave me the check was a man who went by the name of Kelly, but his real name I believed to be Thomas—I will not swear I did not—I did not say I had been very foolish when I got the order cashed, and my friends, Burk and Thomas, had got drunk; nothing of the sort—I did not say I was none the better for the money—I did not tell him I had filled it up, and never told him anything about it, or that I accused Mr. Kelly to save myself from being transported—I do not know James Banch, of 34, Gloucester-street, Queen's-square—I know a public-house in Gloucester-street—I cannot say whether I was at a public-house in Gloucester-street, Queen-square, with Sparks, after I got the check cashed—I am there very often—I do not know the Feathers, in King-street.
MR. BODKIN. Q. How long have you been acquainted with the prisoner? A. About twelve months—when I was in business in the New-road I had a house to repair, and he did a job for me—he is a carpenter and builder—I have been acquainted with him ever since.
CHARLES MORELL . I live at 34, New-street, Kensington. I am an attorney, but am not practising—I know Humphreys—I remember seeing him a little before Christmas in Clare-market—I saw him receive a paper from the prisoner, to the best of my belief and recollection—he afterwards showed it me—it was a check for 7l. 10s., like this, and signed by three servants of the railway—I heard the prisoner say, "You see and get that cashed," or something to that effect—Humphreys asked me if I knew anybody who would do it.
Cross-examined. Q. Have you ever been in practice? A. Yes, in 1845—that was the last time I got a certificate—I have not had one since for want of means—I have been since that with a person in Shropshire, and in Yarmouth—I was in employ in town in 1847—I have since done a little writing—I have known Humphrey from 1841, from his being in Whitecross-street—I was there myself—I got out through the Insolvent Court—the way I saw this check given was by meeting Humphreys casually, in company with the prisoner, in Clare-market—I saw a paper given him, and the prisoner said, "Get this cashed," or words to that effect—whether he took it from his pocket I do not know—I have since heard that Humphreys has been tried.
JOSEPH HARDWICK . I was clerk to Henry Kelly and Co. On 19th Dec. I saw Humphrey at their office—I do not know a person named Thomas, who was employed as a clerk there—if such a person had been employed as a clerk I should have known it, certainly—on the Saturday night after the first examination I was in the shop—Kelly was there—he said to me that provided I would get him a customer for a certain quantity of timber that was to be sold, he would give me the money that was owing me.
Cross-examined. Q. Were you present when the postman brought this letter, or the two letters? A. No; I heard Kelly speak of a letter being taken from the mantelpiece—he asked me about it on the Friday morning.
Cross-examined. Q. What did you get for it? A. A check for 7l. 10s., from Mr. Collis, in Bucklersbury—I told him Mr. Humphreys, a person that I knew, had to get it cashed—I did not mention Kelly's name—Humphreys did not mention Kelly's name to me—Humphreys is my son-in-law—
I never was in gaol in my life—I am a traveller in the wine trade, in the employ of Edwards, of Harp-lane—1 got 5s. for this check—Mr. Collis's clerk had half-a-crown.
JOSEPH HUGGETT (City-policeman, 23). On Thursday, 27th Dec, I went to the prisoner—I told him I was a police-officer, and had called respecting a check for 7l. 10s. that had been obtained from the South-Eastern Railway Company—he said he had seen the gentlemen connected with the rail, and he had no doubt all would be settled; and he was going to see them again that evening, at five o'clock—I then told him I would meet him at Captain Graham's, at five o'clock—I was there a few minutes before five, and Kelly had been, and was gone—on 31st Dec. I again saw Kelly—Humphreys was present—he said to Kelly, "You see the situation I am in now?"—Kelly said, "Yes, it cannot be helped now"—he said, "You know it was a brother of your's gave me the check"—Kelly said, "It was not a brother of mine, it was a confidential clerk, named Thomas"—I asked if he could tell me where Thomas was to be found—he said no, he did not know then, for since the money had been obtained he had left him, but he had received a communication from him.
THOMAS EDWARD THOMAS . I was before the Magistrate on one examination of this case—I know Mr. Kelly—I did not give evidence before the Magistrate—I was pointed out by some of Mr. Kelly's agents—they supposed that I was the person mentioned—Kelly did not say anything to me—I have known him about fourteen or fifteen months—I have never been in his service—I know nothing about this check.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Common Serjeant and the Second Jury.
GUILTY . Aged 22.— Confined Two Years.
GUILTY . Aged 21.— Confined Three Months.
689. WILLIAM HENRY MONRO , stealing 9 bagatelle-balls, value 9s.; the goods of William Joseph Parker ;also, 1 coat, 30s., and 6 billiardballs, 6s.; the goods of Robert Humphreys Barrett; having been before convicted: to which he pleaded
GUILTY . Aged 26.— Confined Eighteen Months.
GUILTY . Aged 14.— Confined Four Months.
HARRISON PLEADED GUILTY . Aged 25.— Confined Six Months.
JOHN SPITTLE (City-policeman, 9). About a quarter before eight o'clock on the evening of 1st April I saw the prisoners in King William-street, attempting to pick the pockets of several persons—I followed them to the Poultry, and there Scales drew this handkerchief out of a gentleman's pocket, and handed it to Harrison—I took it from Harrison, and handed him to another officer—I took Scales, gave him to another officer, and pursued the gentleman.
o'clock last Monday evening—I had used it about the Mansion-house—the officer spoke to me in the Poultry.
SCALES— GUILTY . Aged 24.— Confined Nine Months.
FRANCES ELIZABETH COWIE . I live at Tottenham. On 23rd March I put a sovereign, a shilling, and four halfpence in a basket, and gave it to the prisoner—it was to go to my father, at Edmonton—I told him there was money in the basket, to take care of it.
JOHN CHARLTON . I am in the service of Mr. Pepper, a carrier. The prisoner was in his service also—I saw Mrs. Cowie give him the basket—she told him to take care of it, as there was money in it—he put it into the cart—we went on to London, and stopped at different places, and delivered parcels—while I delivered them I left the prisoner with the cart—he delivered them sometimes, and then he left me with it—the basket was in the cart till I gave it in at Mr. Barnard's, to a woman—I told her to take care of it—there was money in it—it had a lid—I did not observe that it had been opened.
GEORGE BARNARD . I live at Edmonton. The basket was brought to my shop by Charlton—I saw the young woman take it from his hand—she delivered it to me within two minutes—she said there was money in it—I opened it—there was no money in it.
RICHARD SINCLAIR (policeman, N 321). I took the prisoner—I told him what it was for—he said he was told there was money in it, but he never saw it; if it had been given into his hand he would have accounted for it.
Prisoner's Defence. I have been on that road many years; I never had anything happen to me before; if the money had been given to me I would have accounted for it; I declare I never saw it, whether it was there or not.
NOT GUILTY .
OLD COURT.—Tuesday, April 9th, 1850.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and Mr. Ald. CARDEN.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 30.— Confined Nine Months.
MR. PARRY conducted the Prosecution.
JOHN SOUTHGATE WELHAM . I live at 5, Chigwell-hill, Ratcliff-highway. In Feb. last I lived in Church-lane, Whitechapel—I sold my business, an eating-house, to Mr. Adams—I owed Mr. Keats, my landlord, 34l. 19s. 6d.—he put in a distress—there was a person in possession—Mr. Fearnley was Mr. Keat's solicitor—I have known the prisoner a year or two—he was not aware that I owed my landlord the money—on 7th Feb., the morning I removed, he was there packing my goods—it was arranged, in his presence, that I was to pay the landlord 20l. down, and give him a bill for the
remainder, 14l. 19s. 6d., which Sadler agreed to accept—I never received a farthing from him in my life—I was not prepared with the money then—I was to receive it of the incoming tenant—an arrangement was made to meet at Mr. Fearnley's at five o'clock, to settle—I did so, with Sadler and William Collier, and paid 20l. down, and a bill at two months—I have not got the bill—I let a Mr. Johnson, an auctioneer, have it, to show the parties it was paid, and he will not give it up—he is not here, but Mr. Fearnley is a witness that I paid the money to Mr. Keat's agent, Mr. Tipple—we went to a public-house opposite Mr. Fearnley's to arrange, and Sadler wanted some security for the money—I had agreed to take my furniture to his apartments while I went into the country—I said, "Well, the furniture is going to your house"—I agreed to that, till the bill was paid—it did not go there, for my wife asked Sadler to let her carry a looking-glass, for fear of its being broken, he refused, and said, "No, they are all mine"—she got it, after a struggle, and carried it—the furniture did not go to his house, for, seeing he meant a fraud, I would not take it there—it remained in the street all night—I watched it, and hired a man to take it to the Eastern Counties for me—this is an inventory of it—it was insured for 150l.—as we went, we were intercepted by Ellis, Mackenzie, Fox, and others—they caused a great row in the street, and pulled the horses the other way, and succeeded in taking my goods away by force—I offered to settle the bill then and there, but he would not have it—I did not show the money—I had it—I followed the goods to Ellis's rooms, Grove-street, Commercial-road—I do not think they are auction-rooms—I applied for them, and Sadler said, "I want 30l."—"What for?" I said—he said, "Expenses in employing my men and seizing the goods"—part of the goods have been sold, and part, I believe, are at Sadler's house—I have never received a farthing for them, or got any of them back—I gave notice to the auctioneer to hold the money for them, but I do not know whether he has, for they are all alike, a bad lot—the prisoner has never paid the bill, or a farthing of it.
Q. When your furniture was seized, you went immediately and took up the bill, that the prisoner might have no claim? A. Yes; I paid the 14l. 19s. 6d. on 9th Feb.—there are also in the inventory children's and lodgers' clothes, and valuable writings—I believe he has them now.
Cross-examined by MR. BALLANTINE. Q. You charged him before a Magistrate with stealing all these goods? A. I did not charge him; my servant did, not my wife, she was there—I was not in Court—I sold no goods to Sadler—this is the only transaction I have had with him—(a paper was handed to the witness)—this is Sadler's writing—it has my signature to it—I still swear I sold him no goods to the value of 14l. 19s. 6d.—(read—"London, Feb. 7, 1850. Received of Mr. Sadler, 14l. 19s. 6d., for goods bought of me. J.S. Welham.")—I have never received a farthing of it—there was only one van-load of goods—several of my witnesses have seen them—this receipt was signed in Collins' presence—I was at the police-court—I went to accompany my servant, who went to make a charge against the prisoner, and claim her linen and clothes—I understand, from Mr. Collier, this receipt was produced before the Magistrate—the charge was dismissed—it was somewhere about the middle of Feb.—the prisoner has never been before a Magistrate on this charge—he gave my wife in charge, for attempting to protect her own person when he was trying to get the looking-glass—she was fined 10s. for the assault—I was there, but they would not allow me to go in—the prisoner took the goods against my will—my wife and I resisted, and it was for that she was fined—it was not a seizure for rent on my premises—I hired the van of Hillman, the carman.
MR. PARRY. Q. Besides the bill, had Sadler ever given you any other money or security? A. Never; this paper was drawn up by way of security—I did not sell him any goods—no one had any claim on my furniture—Sadler seized the goods against my will, and claimed them on account of this—he said, "This will d. you, what I have got in my pocket."
HANNAH SOUTHGATE WELHAM . I am the wife of the last witness. On 7th Feb. I was present when Sadler came to pack up—Mr. Keats said he wished my husband would get somebody to back the bill—he said to Sadler "Would you mind doing it?"—Sadler said, "I will do it, decidedly, for you"—in the evening Sadler came with my husband in a van—Sadler helped to load it—when it was loaded, I said to him, "I will take this glass, if you please?"—he said, "No, ma'am, I desire you not to touch anything"—I said, "How is that?"—he said, "I have got something in my pocket which will show you you are not to touch anything"—there was some little struggling for the glass—I got it, and carried it under my arm—I said, "If Mr. Sadler is going to claim these goods, they had better not go to hit place"—my husband said, rather than he should claim them he would go down to Mr. Fearnley's and pay the bill—Sadler said he would rather have 20l. in his own hands; he would have the money or the goods, and would not let them go—the goods were in the street all night, watched by my husband—next morning we were going with them to the Eastern Counties, when Sadler, Fox, Mackenzie, Ellis, and others, came and took them away from my husband by force—we have not got them—some of them have been sold—I have been with my husband when he claimed them—in attempting to protect what I knew to be our goods there was some scuffling, and I went before a Magistrate, and was fined for an assault.
Cross-examined by MR. BALLANTINE. Q. Whose goods were they originally? A. I bought them, and paid for them with my own money—I had some of them before I was married to my present husband—he has gone by the name of Welham twelve months or better—he was born before his father and mother were married—his father's name was Southgate and his mother's Welham—I was married to him by the name of Southgate, which he always went by—we have changed it to Welham since last spring.
MARGARET WHITE . I was Mr. Welham's servant, in Feb. I remember the van being loaded; my clothes were in it—they were worth 30s. or 2l.—I lost them, and went before a Magistrate, but did not get them—I had no solicitor.
Cross-examined by MR. BALLANTINE. Q. Did you see them packed? A. Yes; I gave them to Mr. Hillman, the carrier, in a box.
MR. BALLANTINE to J. S. WELHAM. Q. When did you first take the name of Welham? A. When I came up to London, twelve months ago; but several people knew me by that name—I was married by the name of Southgate—my father and mother went by that name.
COURT. Q. What age are you? A. About thirty-six—my father and mother married directly after my birth; they called me John Southgate—I have heard from them that I was born before they married—I have a brother, two years younger than me, born in wedlock—I was present at the sales of the goods, and have a copy of the notice I gave to the auctioneer not to sell them—I saw the prisoner there the day after the sale—no goods were sold in his presence—Mr. Canham, of Mile-end Road, was the auctioneer—I have applied to the prisoner two or three times for them, in the presence of witnesses, and he has declined to give them up—I did not authorize the removal of the goods, but insisted that the prisoner should not remove them.
NOT GUILTY .
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
LESTER GARLAND . I am a lieutenant in the 11th regiment Hussars. In Sept. last the part of the regiment I was with was quartered at Hampton Court—I had a small watch with a gold chain, and lost it, with a dark morocco case, from my dressing-table in a private room in the mesa-house—I had acquired that watch by changing it with a Mr. Joel for one for which I gave 30l., and the chain I gave 7l. or 8l. for—I gave notice in the regiment, and to the police next morning, that I had lost it—I did not see it again till about a month ago, when I found it in the possession of Sergeant Churchill, at Twickenham—I at once knew it to be mine—the prisoner was a servant it the mess-house—I cannot say she was there at the time I lost the watch.
Cross-examined by MR. BIRNIE. Q. Is the prisoner the only female servant you have seen about the mess-house? A. I have seen several others—I have a private servant of my own, who has access to the room all hours of the day—I generally leave my bed-room door with the key in it, so that anybody can turn it, and get in—I did not wear the watch every day—I have often left it in my room—I had come down from London that day in a carriage, and wore it—I had not been walking, except across the green, to Hampton Court—I saw it safe at seven o'clock, when I went to mess, and when I came up at eleven I missed it—I remember having it on when I came from London—at that time nearly all the officers had private servants of their own—two of the officers had bed-rooms on the same floor as mine—one of them had a private servant, and the other's servant was a soldier of the regiment—those servants would have to pass my room to go to theirs—my servant answered my bell, and never any of the female servants.
COURT. Q. Had the prisoner anything to do with your room? A. Nothing at all—each of the officers have one of the soldiers' wives to attend to their sleeping apartment—they have access to the rooms as well as the servants of the officers—there were not above a dozen persons in the barracks that would have access to the rooms—there were from ninety to one hundred soldiers in the barracks, but the mess-house is quite detached from the barracks—there were three soldier's wives who had access to that floor—I believe they are not here.
ROBERT TAYLOR . I am a private in the 11th Hussars, and acted as waiter in the officers' mess, in Sept. last, at Hampton Court. The prisoner was acting as a kitchen-maid at the mess-room on the evening Lieutenant Garland lost his watch—her sister Eliza was taken into custody—she had no employment there—I saw her there about a fortnight before.
Cross-examined. Q. She was there as a visitor I suppose? A. Yes; the servants frequently have visitors—there was one female servant in the kitchen besides the prisoner, the cook's wife—their duties are entirely below-stairs—I have seen two or three visitors there at a time—the prisoner's sister was only there a few minutes—I have seen her since—she might visit the kitchen, and I not know it—I saw the prisoner the whole of the evening, from seven o'clock till half-past eight or nine—she was in her usual employment.
9th Nov. the prisoner brought me a gold watch and chain—I cannot swear to the watch—it was of the size of this one—I do not recollect anything about the chain—I recollect having a chain in my possession, but do not recollect the prisoner bringing it—she brought the watch to me to sell—I asked her questions, to satisfy me that it was her own—to the best of my recollection, she said she had the watch from abroad—I cannot pretend to say now what she asked me—she said she had it when she came from abroad—I did not buy it the first day she brought it—to the best of my recollection, she asked 2l. or 50s. for it—I gave 35s.—I took the chain to be a plated one at the time—I did not try it—I threw it on one side, and it lay in my drawer for a month, along with a lot of rubbish—I did not know it again till Lieutenant Garland drew the pattern of it; I then immediately told him about it, and traced the watch for him—I took this receipt from the prisoner—she sent the watch by her sister on 9th Nov., and I told her to send the prisoner, and she came the same afternoon, and that put me off my guard—I was not suspicious at all—she would not take the price I offered at first, and afterwards sent her sister to say she would take it—there was a dark morocco case with the watch, and a small gold key with it—the watch was out of order—this is the receipt she gave me—I wrote it, and she signed it in my presence—I paid her the balance, 1l. or 15s.—I had sent part by the sister—(read—" Windmill-lane, New Hampton, Nov. 9th, 1849. Received of Mr. Saunders 1l. 15s. for Geneva watch and key. Jane Griffin."—I have no recollection of purchasing the chain—I have no doubt I did, but I looked at it as a common chain at the time, of no value, and therefore I did not name it—I afterwards found it in my drawer among a parcel of rubbish—it turns out to be a gold one, and worth about 4l.
COURT. Q. Then you had not sold the chain? A. No.
MR. CLARKSON. Q. What did you do with the articles you bought of the prisoner? A. I sold the watch to a person in London, among a lot of silver and old watches—the prisoner described herself as coming from Windmill-lane—that was when she first came—I sold the watch, in the case, to a person named Solome, at the foot of Westminster-bridge—I ultimately sold the chain for 5s. to a person named Page, a butcher, in Twickenham, being perfectly unaware, that it was gold—I have no doubt this is the chain—I have never seen the case since.
Cross-examined. Q. The prisoner first came a few days prior to 9th Nov.? A. Yes; when she came the second time I was satisfied about her—I had watched her about Twickenham—I was satisfied by her conduct—I had often seen her previous to 9th Nov., and after she called on me I saw her about Twickenham, and I saw her with persons I believed to be respectable—she stopped for a quarter of an hour opposite my house, and spoke to a man who I believe was butler to a gentleman at Twickenham-green—she had offered the watch for sale to Mr. Beale, a watchmaker, opposite me, and he said it was worth nothing, it was a mere toy—she behaved with no secrecy during these three days—she carried it about openly and publicly—it appears that it had been put up to be raffled for at Hampton—when she came to me on the 9th I was perfectly satisfied as to her honesty, from her conduct both in my shop and out of it—in my judgment there is no intrinsic value in the watch—it is gold—it did not go when I had it—there was no pivot to wind it up with—it has passed through three or four hands since I sold it—I understand there has been 12s. laid out on it since—I have not seen many watches as small as this—I could not identify it again—if I were to see it with twelve or thirteen others I could not identify it.
COURT. Q. Are you able to speak to that being the watch you bougbt? A. Not to a certainty—I sold a watch to Solome—it has passed through three hands since that—I have no mark at all to identify it by, except that it is a similar one—I should not be able to identify it unless there was a mark—there is nothing I can point out in particular—it has undergone repair.
MR. BIRNIE. Q. Then you cannot say positively whether you ever had it in your possession? A. To the best of my belief it is the same, because when Churchill came I told him who I had sold it to, and be traced it from one to the other, and brought me this watch—it is similar to the one I sold—I will not say it is the same—I can positively swear to the chain—I have no more particular mark about it than I have about the watch—I know it by the make—it has been out of my hands—it is a heavy chain—it never occurred to me that it was gold—the person who bought it is not here.
MR. CLARKSON. Q. Do you remember the inspector of police sending to you after the loss, to give you notice? A. No; I am pretty confident it never happened—I have no recollection—if I had had information I should of course have stopped it—I did not purchase the watch without opening it—I saw the maker's name; I do not know what it was—it is so many months ago—I cannot say whether the name was in a square or in a round—I have very little recollection of the watch, except the size of it—I know it was about the size of a shilling—I believe this to be the watch—it is a frequent thing to put on a watch the name of a celebrated maker, who really is not the maker—I cannot say whether the watch I bought had a duplex escapement, or whether it went on rubies.
CHARLES CHURCHILL (police-sergeant, V 29). I am a police-sergeant, at Hampton. On the morning of 22nd Sept. I received information from Lieutenant Garland of the loss of his watch—information was sent to the pawnbrokers about it—Saunders's would be the first shop tbat information would be sent to—about a month ago I received information, and in consequence went to Mr. Saunders, and learned to whom he had sold the watch; in consequence of which I went to Solome, at the foot of the Surrey side of Westminster-bridge—I got information there, which enabled me to trace the watch, and I found it in the possession of Mr. Walter Tarrant, a silversmith, in Vigo-street—I took possession of it, when it was produced before the Magistrate—I recollect the prisoner being a servant at the mess-house—when I took her she was living with her sister, in Windmill-lane, which is about two miles from the mess-house—Saunders's house is about three miles and a half from the mess-house.
NOT GUILTY .
NEW COURT.—Tuesday, April 9th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and Mr.
Before Mr. Common Serjeant, and the Fourth Jury.
GUILTY . Aged 44.— Confined Two Months .
GUILTY . Aged 33.— Confined Twelve Months .
WILLIAM VINSON JENNINGS . I am a hatter at Hammersmith; the prisoner was in my employ. On the 14th of March I heard something from Mr. Baker, a neighbour—I went to his house, and saw this hat, which is mine—I took it home—I showed it to the prisoner, and asked if he had sold it—he said he had never sold it, and knew nothing about it—I said, "When did you sell Mr. Baker this hat?"—he said, "One morning last week"—I said "What for?"—he said, "The regular price"—I said, "Do you mean 6s. 6d.?"—he said, "Yes"—I said, "What did you do with the money?"—he said "I have not had it"—I said, "Have you not sold this for half-a-crown, and kept the money?"—he said, "No"—I said, "You have not accounted for it?"—he said it would be time enough to account when he got the money—I had missed this hat on the Saturday previous—I gave it to the policeman.
Cross-examined by MR. CHARNOCK. Q. Do you book every hat you sell? A. Yes—the prisoner has been my apprentice five years—I had a premium of 20l. with him—there is about a year and a half of his apprenticeship unserved—he is forbidden to sell hats—I have forbidden him to sell anything in the shop—he is to ring a bell—I or my sister are always at home—I am certain this is my hat—this was not sold in the regular way of trade—I shaped it on the Tuesday, and missed it on the Saturday—I know it by the lining, which is peculiar—there were only six hats lined like this—this is one of the six, and this happens to be the sized one that I missed—it is marked "678"—I have no unkind feeling towards the prisoner.
ARTHUR WOODMAN . I was in the service of Mr. Baker, a tallow-chandler. The prisoner sold me this hat in Mr. Jennings' shop—I gave him half-a-crown for it—I did not go into the shop to buy a hat; I was coming by and he called me in, and told me he could show me the hat he had spoken to me about before—I took the hat to my master's, and put it in my box—I know it is the same hat by a mark I put in it—the prisoner said he would new line the hat, and sell it me for half-a-crown.
Cross-examined. Q. Where did you mark this? A. At the police-court—I bought it as a second-hand hat—Mr. Jennings says it is not second-hand—I am no judge of it—I would not buy a new hat at an old price if I knew it—this was bought at seven o'clock in the morning—I have met the prisoner out—I never was in his company an hour together in my life.
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Two Months .
WILLIAM LAYMAN COWAN . I am secretary to the Shropshire Union Railway Company, and live in Great George-street, Westminster, on the second floor; I have two rooms, which communicate with each other. On 6th Feb. I had three brooches on a table close by the door of the first room, which is the bed-room—I saw them safe at eleven o'clock on a pincushion, and missed them at one—I have not seen them since.
Cross-examined by MR. PAYNE. Q. The house is open? A. Yes; it is occupied by a Railway company—people can get in without knocking, but they have no business there.
brooches were missed I went home about half-past one o'clock, and saw the prisoner coming down the stairs leading from the first landing to the street door—he had no business there—I had never seen him before—I am able to say he is the person, because I looked at him.
Cross-examined. Q. Were you going up stairs? A. No; I was coming in with the child, going along the passage, to go up the back stain, into the nursery—I had never seen the person that was on the stairs before that day—I did not speak to him at all—I was about a yard and a half from him—he had his hat on.
WILLIAM DRABBLE . I am a clerk to this company. I was passing the house about one o'clock that day—I saw the prisoner, I believe, come out—I was going in the same direction, and followed him quickly, to speak to him—I supposed he was a person I knew, but he was not the person I took him for—I believe it was the prisoner, from the resemblance he bears to the person I took him for.
Cross-examined. Q. You were going past the door? A. Yes; I had left the office about one o'clock, and I passed the door again in about two minutes afterwards.
NOT GUILTY .
WILLIAM LAYMAN COWAN . I live on the second floor at 9, Great George-street. On 1st March I saw the prisoner on the landing, about ten o'clock in the morning—I asked him what he wanted—he said, "Mr. Swift"—I took him down with me to Mr. Swift's office, and found there was no one there—I called the porter, and asked the prisoner whom he came from—he said, "From Mr. Billiter, in Parliament-street"—I told the porter to go with him there, and, if there was such a person, to let the prisoner go.
FREDERICK BENTLY . I am porter to this Railway company. Mr. Cowan desired me to go with the prisoner to Parliament-street—when I got down the stairs with the prisoner, I told him to wait in the passage while I went for my hat—while I was taking my hat, I saw the prisoner run out of the door as fast as he could—I followed him—he ran, and I ran—he ran down George-street, to Duke-street—when he got to the steps, he looked round and saw me, he increased his speed, and directly I called, "Stop thief!"—I caught him in Fludyer-street—I lost sight of him before I caught him—I am quite sure he is the same person—I said to him, "Come back with me"—he said, "No; come to where I was going"—I said, "No; what made you run away?"—the policeman came up, and I gave him in charge.
Cross-examined. Q. Do you know Mr. Billiter? A. I do not know such a person; I have not inquired since this—when I got out I saw the prisoner turning the corner into De-la-Hay-street—I suppose he was fifty yards from me—there are three turnings between the place where the prisoner was stopped and the prosecutor's premises—I caught him in Fludyer-street—I called, "Stop thief!" there was a young man who baffled him a great deal—I did not see any one running but him.
WILLIAM GILL (policeman, A 181). I was on duty in Fludyer-street, about ten o'clock, on 1st March—there is an empty house there, No. 11, and in the area of that house I saw this silver fork—the prisoner had been taken into custody before I found this fork—I found it about ten minutes past ten o'clock.
MR. COWAN re-examined. This is my fork—it had been used that morning for breakfast—I know it by the crest.
CATHERINE GROAT . I know this fork—I cleared away the breakfast-things—this fork was used—I took this away before I cleared the breakfast-things, and put it on the pantry table on the second floor, the same floor that the bed-room is on—I last saw it safe a little before ten o'clock.
Cross-examined. Q. How long have you been in the service? A. Nearly five months; I am housemaid—no one called before ten o'clock that morning who could get to the pantry.
GUILTY . Aged 20.— Confined Twelve Months .
GUILTY . Aged 25.— Confined Six Months .
Before Mr. Common Serjeant and the Sixth Jury.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
ELIZABETH PERRY . I am a widow, and live at 5, King's Arms-yard, Lower Whitecross-street; I keep a mangle. On Saturday, 9th March, the prisoner came to my house—I am sure she is the person—she said, "I have come for the mangling a woman brought this morning"—a bundle of things had been left by Mrs. Briggs that morning, containing five pinafores, and other articles—I gave them to the prisoner—she gave me a shilling—I gave her 10 1/2d. change—I have seen nine of the articles since—these are them—I can swear to these pinafores and this scarf—Mrs. Briggs came afterwards for the things, between six and seven o'clock, after the prisoner had taken them away.
Cross-examined by MR. ROBINSON. Q. Had you seen the person before? A. Not that I am aware of—she came to my parlour—I did not see any one outside at the time; I was busy.
REBECCA BRIGGS . I am the wife of Thomas Kelsey Briggs. On Saturday, 9th March, I took some things to Mrs. Perry to mangle, about eleven o'clock in the forenoon—these are some of the things I took—I know this pinafore, this scarf, and some other things—I went for them in the evening, and they were gone—I did not send the prisoner for them.
Cross-examined. Q. Do you know a person named Moss? A. No, I never heard of such a person.
THOMAS DUNGLISON (City-policeman, 68). On Saturday, 16th March, I was passing London-wall—I saw a person named Norman—the prisoner was passing by with a small bundle in her hand—Mrs. Norman spoke to me, and the prisoner ran away—I ran and overtook her in New Union-street, Moorfields—I took from her two aprons, wrapped up in a cloth—I then took her to Moor-lane station—she stated at the Compter that she lived in Prospect-place, Upper Whitecross-street—I went there about eight o'clock in the evening—some bundles were produced to me there, which contained these articles amongst other things.
Cross-examined. Q. Did the prisoner tell you where she lived? A. She told the officer—she ran away, I stated that before to Mr. Martin, I was not asked the question before the Magistrate, and I did not state it—I do not know a person of the name of Moss—I have heard say that a woman of that description lives near the prisoner—I should say they meant a queer character—I do not know that that woman was frequently at the house where the prisoner was—I do not know, only what a witness has
mentioned—the prisoner's father bears a good character—I believe he is a hard-working man.
GUILTY. Aged 15.—Recommended to mercy by the Jury .— Judgment Respited .
(There were two other indictments against the prisoner).
MR. ELLIS conducted the Prosecution.
SARAH SMITH . I am a widow, and a green-grocer, at 5, Brick-lane, Whitechapel; I live with my sister. On Saturday, 9th Feb., the prisoner came about twenty minutes before twelve o'clock at night for a bunch of greens, which came to 3d.—she gave me a good half-crown—I gave her two sixpences, one shilling, and three pence—I am sure the shilling I gave her was good—she then said she would have half a bunch of greens, and she had got three halfpence to pay for them—she wanted her half-crown back, and she gave me back the two sixpences, the coppers, and a bad shilling—I noticed it was bad in a minute, as she stood there—I told her so, and told her if she would give me my good shilling I would give her her half-crown—she said she had no other shilling about her—I broke the bad shilling in two, and gave the bits to the officer.
Prisoner. Q. For what purpose did you keep my half-crown? A. Till you gave me a good shilling—I said I recollected you had been in the shop on the Saturday night before—I told you I wished you to go—you said you would not, you would send for a policeman—there was a crowd round the door—the boy fetched a policeman.
JOHN JOHNS (policeman, H 76). The boy fetched me, and I found the prisoner in the shop—I got these bits, of a bad shilling from Mrs. Smith—the prisoner asked her for her half-crown—she told her as soon as she gave her her good shilling back she would give it her—the prisoner said she had no shilling about her—she produced two halfpence from her left hand, and said she had no other money—I saw her right hand was clenched—I began to search her—she said she would not allow me to search her—she kicked me in the lower part of my person—I got her hand open at the station, and found in it a good shilling and a bad one.
Prisoner's Defence. Mrs. Smith gave me two shillings, I gave her them back.
GUILTY . Aged 28.— Confined Six Months .
MESSRS. ELLIS and PAYNE conducted the Prosecution.
CHARLES SOUTHBY SHAW . I keep the Sir John Falstaff, in Brydges-street, Covent-garden. On 3rd April the prisoner came between twelve and one o'clock in the morning, with another person—the prisoner called for a quartern of gin, and gave me a bad shilling—I saw it was bad, and told him so—he muttered something, which I could not distinctly hear—I sent for an officer, and gave him into custody—I marked the shilling, and gave it to the officer.
ALEXANDER BARTLETT (policeman, F 45). I was called, and got this shilling from Mr. Shaw—I took the prisoner, and found in his right hand coat-pocket inside this other shilling—I told him he was charged with uttering this first shilling—he said, "No, not me," and pretended to be very drunk—he appeared right enough till I told him what he was charged with.
Prisoner. Q. What coat did you find the shilling in? A. In the righthand
pocket of another coat which you had on under the one you have on now.
Prisoner's Defence. I had half-a-crown, for mending a pair of boots, from William Clunie; I changed the half-crown with a fruit-man, and got the 2s. from him.
GUILTY . Aged 18.— Confined Six Months .
MESSRS. ELLIS and PAYNE conducted the Prosecution.
JOHN GEORGE WHITTINGSTALL BEAN . I am apprentice to Mr. Smith, a surgeon, in Downham-road, Islington. On 19th March the prisoner came to the shop about five minutes before four o'clock; he wanted a bottle—it came to a penny; he gave me a bad sixpence, I gave him five-pence in copper, and he went away before I found that the sixpence was bad—I saw the prisoner in custody five minutes afterwards—I said he had passed a bad sixpence to me—he said he had not been near our premises—I am sure he is the person.
Prisoner. He said he thought it was me. Witness. The first time I saw him I did, but afterwards I was sure—I gave the sixpence to Mr. Thornett—this is the bottle I sold the prisoner (produced).
ELIZABETH HOLMES . I am barmaid to Mr. Thornett, who keeps the Oxford Arms, Oxford-street, Islington. On 19th March the prisoner came there with this bottle, and wanted a pennyworth of vinegar—he gave me a bad shilling—I thought it was bad directly I took it, and I gave it to Mr. Thornett—he looked at it, and gave it to Mrs. Winkworth, and she gave it to me—I gave it to Mr. Thornett again—it was not out of my sight at all—I am sure it was the same all through.
JOHN THORNETT . I was in the place—I saw the prisoner give Holmes the bottle and a bad shilling—I asked him where he came from—he said, "From over the way, No. 1"—I said, "I know the gentleman there very well; he would not send to my house for a pennyworth of vinegar"—the prisoner said it was quite correct, he would go back, and I might see him—I said, "I will not lose sight of you"—the bottle was left on my counter—the prisoner went to No. 1; he merely looked in at the kitchen window, and came back again—a policeman was in the street—I said to him, "Take this lad over to No. 1, knock at the front door, and inquire if he is known there?"—the policeman went; he then brought the prisoner back to me, and said, "Not known there"—I then gave the prisoner in charge; and the shilling and the sixpence which I got from Bean I gave to the officer.
Prisoner. I did not say No. 1; I said "The young woman over the way." Witness. No; you said No. 1.
ROBERT WILSON (policeman, N 103.) I took the prisoner—I got this shilling and sixpence from Mr. Thornett, and this bottle—the prisoner said he came from No. 1 over the way—he did not say what person sent him—I went to No. 1, I knocked, and asked if the prisoner was sent from there for a pennyworth of vinegar—they said no, they knew nothing about him—I had hold of the prisoner all the while—he had 4 1/2d. in coppers on him.
Prisoner's Defence. A young woman asked me to go; I told Mr. Thornett it was a young woman across the road; he said it must be No. 1, at Mr. Stevens; I said that was where the young woman stood.
GUILTY . Aged 18.— Confined Twelve Months .
MR. PAYNE conducted the Prosecution.
EDWARD STEPHEN PANETI . I am head waiter of Mr. Quelch's coffee-house, in Fleet-street. The prisoner came on Tuesday or Wednesday for a glass of ale, and gave me a bad sixpence—I gave him a 4d.-piece—directly he left I discovered the sixpence was bad—I had kept it in my hand—I ran into the street, but could not see him—I then put the sixpence into a small box in a drawer, and locked it up—there was no other money in the box—it remained there till Friday night, when the prisoner came again, and called for another glass of ale, and put a bad sixpence on the bar-door—Mr. Quelch was there, and I said that the prisoner had been in for a glass of ale that week, and had given a bad sixpence—the prisoner said he had not been in the house before; that was not true, I had seen him several times—I marked the first sixpence I had taken, and gave it to the officer.
Prisoner. Q. Did you not say that you gave me a sixpence and a 4d.-piece? A. I thought I gave you a sixpence and a 4d.-piece, but I am not certain I gave the sixpence—I know I gave the 4d.-piece.
JAMES QUELCH . I keep Dick's coffee-house. On 5th April the prisoner came for a glass of ale—he put down a sixpence on the bar-door—Kennedy said, "This is the second time he has been here this week, and tried to pass bad money"—I then looked at the sixpence, and found it was bad—I said to the prisoner, "This being the second time, I shall send for an officer"—he said, "This is the first time, I never was here before"—I gave that sixpence to the officer.
GUILTY . Aged 21.— Confined Six Months .
MESSRS. PAYNE and CLERK conducted the Prosecution.
WALTER MICKERSON SMITH . I am a grocer, of High-street, Poplar. On 11th March M'Donald came to my shop, between five and six o'clock in the evening, for half an ounce of tobacco—my lad served him, and he gave him a bad shilling—the lad called me to give change—there was no one but the lad and M'Donald there—I found the shilling was bad—I told M'Donald so—he said he had been on tramp, and a man had given it to him—I sent for an officer, and he was taken to the station—I gave the shilling to the sergeant—I did not press the charge, and M'Donald was discharged—I saw him come out of the station, walk up the street, and in five minutes afterwards he joined the prisoner Sullivan—I had followed him beyond my house—when they got to Limehouse I called a policeman, and he took them—eleven sixpences and three shillings were found on Sullivan at the station.
M'Donald. Q. Where was I with this man? A. You were walking on together—I did not inquire what your business was in the baker's shop—you said a man gave you this shilling, and you did not know it was bad, you were very sorry.
MR. CLERK. Q. It was in Limehouse that you gave Sullivan into custody? A. Yes; he had been walking with M'Donald, but they had parted company, and one of them went into a baker's shop—they had walked
together from the place where I first saw them join, to Limehouse, about half a mile.
WILLIAM HUDSON (policeman, K 282). I was called at Limehouse-causeway, and took M'Donald into custody—I received this shilling from Mr. Smith, at the station—M'Donald said he had heen on the tramp, and a man gave it him, that he went to Mr. Smith's for half an ounce of tobacco and was taken to the station, and let go; and the next time he saw Mr. Smith he was coming out of a baker's shop.
CHARLES WYKES (policeman, K 259). I was at the police-station at Poplar on the day in question—I went after the prisoners with Mr. Smith—I took Sullivan into custody—I found on him eleven bad sixpences and three bad shillings—he told me he had got nothing about him—I afterwards found this money and this little box, with a little powder in it.
Sullivan's Defence. I know nothing of this man, only he asked me where to find a lodging; I worked in East-lane, Whitechapel, but have been out of work since March twelve months; I worked hard while I had it.
M'Donald. As it is my first offence, I hope you will be lenient with me; this man never saw me before.
(Sullivan received a good character).
SULLIVAN— GUILTY . Aged 56.— Confined Six Months .
M'DONALD— GUILTY . Aged 29.— Confined Three Months .
MESSRS. PAYNE and CLERK conducted the Prosecution.
HANNAH BINKS . I am the wife of Francis Binks, a stationer, of 85, Aldersgate-street. On 27th March the prisoner came for a quarter of an ounce of tobacco—I do not sell it, and he said a cigar would do—I gave him one; it came to 1 1/2d.—he paid me with a bad shilling—I gave him 10 1/2d. change—after he left, I discovered the shilling was bad—I put it in the till—there was no other shilling there—in half an hour another man came in, and I then tried the shilling with the detector, and it bent—it was the same shilling the prisoner gave me—there was no other in the till—I laid it in the back compartment of the till, and told my daughter it should lie there for a warning—on 3rd April the prisoner came again—my daughter was in the shop—I recognised him immediately he came in, and I went and fastened the shop door—my daughter served him with half a quire of writing paper, and he gave her a half-crown—she rang it, and looked at it, and was about to give him change, but she tried it with the detector, and found it was bad—she laid it on the counter—the prisoner said, "There is your paper," and he took up the half-crown—I snatched it out of his hand, sent for an officer, and gave him into custody, with the shilling and half-crown.
ELLEN BINKS . I assist my mother. On 3rd April the prisoner came for half a quire of paper—he gave me a half-crown—my mother said something to me, and in consequence I tried the half-crown in the detector—I found it was bad—I laid it on the counter—the prisoner snatched it up—my mother took it from him—I called a policeman, and he took the prisoner into custody in the shop.
ROBERT TILCOCK (City-policeman, 237). I was called and took the prisoner—I got this shilling and half-crown—the prisoner said it was a mistake, he was not in the shop before, and the half-crown he picked up at the Docks.
Prisoner's Defence. I was never in the habit of doing wrong; I have got an honest living; I was in the army two years, and was discharged on account of the reduction.
GUILTY . Aged 23.— Confined Six Months .
MR. PAYNE conducted the Prosecution.
GEORGE LAMBERT . I am a farmer, and live at Old Park-farm, Enfield; the prisoner was in my service. On 22nd Feb. I gave him 1l. 13s. 7d. to fetch thirty-nine bushel sieves—the sum to pay for them was 1l. 13s. 4d., and the 3d. was for the turnpike-gate—he was to bring only thirty-nine sieves, because the man had made a mistake, and sent me twenty-one instead of twenty the time before—on my return from town the prisoner was there to take my horse—I said, "Have you got the baskets?"—he said yes, he had paid 1l. 13s. 4d., which was for one more than he had brought, because the man sent one over the last time—some time afterwards a man called on me about the baskets—I had in the meantime discharged the prisoner—he had lived with me, on and off, for three, or four, or five years—I think it is about five years since he first came—he was then a very little boy.
Prisoner. He only gave me 1l. 10s. 3d. Witness. No, I counted down the money to him, 1l. 13s. 7d.—I have not the least doubt of giving it to him.
JAMES UNDERWOOD . I am apprentice to Mr. Cripps, a basket-maker, a Enfield-highway. The prisoner came to my master's for thirty-nine baskets—he asked how much they came to—I said 1l. 13s. 4d.—he told me before he pulled the money out of his pocket that he bad not got enough by 3s.—he pulled the purse out of his pocket, emptied the money into his hand, and counted it—there was 1l. 10s. 4d.—I received that of him.
Prisoner. He said two or three times it was right. Witness. No, I did not—I called my master, and he counted it—there was 1l. 10s. 4d.
LOUISA KEMPTON . I am servant to Mr. Lambert. I remember the prisoner coming home with the thirty-nine baskets—Mr. Lambert asked him how many he had brought—he said thirty-nine, and he had given 1l. 13s. 4d. for them.
Prisoner. You said you knew nothing about it. Witness. No, it is quite false.
ROBERT HANNANT (policeman, N 325). I took the prisoner on 20th March—he had then left his master's—I told him he was charged with embezzling 3s. of his master's—he said he had never had it; all the money he gave him was 1l. 10s. and a 3d.-piece.
(The prisoner received a good character).
GUILTY. Aged 16.—Recommended to mercy by the Jury. — Confined Two Months .
WILKINS* pleaded GUILTY . Aged 17.— Transported for Seven Years .
THOMAS BARRETT . I am a cab-driver, and live in Warren-street, Fitzroy-square. On 1st March, at half-past eight o'clock at night, I was at the door of the Green Dragon—I had a coat inside the cab—I went into the house for about three minutes—when I came out my coat was gone—this is it.
Cross-examined by MR. PAYNE. Q. How do you know it? A. Because it has been patched—I have had it seven years.
JAMES VINCENT (policeman, N 258). On the evening of 1st March I saw the two prisoners next door to the Green Dragon, looking in at the window—they were together—it was about a quarter-past seven o'clock—in consequence of information, I took Fisher into custody the next morning, at a quarter before eight—Wilkins was with him, but he made his escape—Fisher was taken to the station—he was told he was charged with being concerned with Wilkins in stealing a coat out of a cab at the Green Dragon—he said he knew nothing about it.
JAMES DRAKE . On the evening of 1st March, I saw the two prisoners together at Hackney-wick, about a mile from the Green Dragon—they stole a jar of snuff—I saw them together afterwards in a lane about half a mile from the Green Dragon, and Wilkins had this coat under his arm—I took it from him, and asked him to give me the snuff back—he said the coat was his father's—I said I did not think it was his father's—I went with him to his father's house, and his father was not at home—when I told Wilkins I should go to his father's, Fisher ran away—I saw the two prisoners together next morning.
Cross-examined. Q. What are you? A. A mat-maker; I have not made any for a long time—I have been working at the Hackney Union these four months—I have a wife—I never was charged with anything but once, when I went by the railway into the country, and did not pay—I meant to pay when I got there—I was never accused of robbing Mr. Standfast, whom I made mats for—I go to a beer-shop sometimes, which is kept by Mrs. Hunter—I was not found by two persons knocking my wife in the road, and dragging her down—I did not drag her down, I struck her—she came to ask me to go home—two men did not run across a brook to try to rescue her from me—they told me to go home, and I said I would if my wife would—I did not tell anybody that I had waylaid Wilkins and snatched a coat from him, and after examining it under the gas I found it a rag.
FISHER— NOT GUILTY .
GEORGE SINNOCK . I am a fruiterer, and live in Cambridge-road, Mile-end. I know Mr. Booking, of Cambridge-road—I saw the prisoner there about a fortnight, three weeks, or a month ago—he was standing at the door, talking—I saw Mr. Booking buy a timepiece of the prisoner, for 10s., in a poblic-house in Three Colt-lane—this is it—I know it by its having no glass in it—it was in the same state as it is now—the prisoner told me he was in distress, and asked me to buy the duplicate of a watch of him—I rather think I bought the duplicate before the timepiece was sold.
MARY BATCHELOR . I am the wife of John Batchelor, and live at Battersea. On 21st Jan. the prisoner came to my house, and spent the evening—this timepiece is my husband's—I have the piece of glass that was taken from the face of it—I saw the timepiece on the 21st, and missed it next morning.
SAMUEL JENNER (police-sergeant H 1). I produce a certificate of the prisoner's former conviction, at Hastings, by the name of Frederick Jarvis—(read—Convicted, April, 1846; confined nine months)—the prisoner is the person.
GUILTY . Aged 24.— Transported for Seven Years .
(There were two other indictments against the prisoner.)
RUSH pleaded GUILTY . Aged 16.
LEARY pleaded GUILTY . Aged 17.
Confined Twelve Months .
OLD COURT.—Wednesday, April 10th, 1850.
PRESENT—Mr. Justice ERLE; Mr. Baron PLATT; Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. CHALLIS.
Before Mr. Justice Erle and the Third Jury.
MR. CLARKSON conducted the Prosecution.
JOHN WOOLCOT . I am fifteen years old, and live at 13, Crown-court, Whitechapel. I know the prisoner—he is a gun-maker by trade, and lives at 4, Boar's Head-court, Petticoat-lane—on 19th Feb. I was working for him there—I knew the deceased, his wife—I saw her go out that morning, between ten and eleven o'clock—her husband was then at home—she did not tell him what she went out for—they had bad a quarrel that morning—she did not come home till about half-past five—the prisoner was then at home—she stopped down the court, and told the people to call him a child-killer—when she came to the room, be asked her where she had been to—she said she had been to her mother's—he said, "Well, if you have been there, let us be comfortable, and have a comfortable tea, and I will give you a drop of wine if you will be comfortable with me"—she said, "Well, go and fetch it," and he went with a stone bottle—he came back with some wine in it, and a sweetbread—the deceased poured some of the wine out into a cup, and drank it—the prisoner was frying the sweetbread in a pan on the fire, and had a knife in his hand; and while he was doing it she told him she had been up to the Court to get a warrant against him, and he said, "You b——r, you want to swear my life away," and he stuck the knife in her, somewhere between the breast and the shoulder—she cried out that he had stabbed her, went down-stairs screaming, "He has stabbed me!" and ran into Whitechapel—I went after her—a gentleman came up, and she was taken to a doctor's shop two doors from the corner of Petticoat-lane—after she had been to the doctor's, the street-keeper took charge of her—I then returned with Sergeant Barnes to my master's house, and found the prisoner there as I had left him, sitting on the opposite side of the fireplace to where his wife had been sitting, finishing his tea—she was sitting down at the time she was struck—I pointed out the prisoner to Barnes, and he took him into custody—he then had the knife in his hand, cutting some bread—it was the same knife he had had while frying the sweetbread—Barnes afterwards came back, and took the knife—I had seen the deceased in the morning, sharpening the knife on an earthenware pan, and she said she was going to cut her throat—that was after they had been quarrelling—the prisoner said, "Do it," and then he took the knife away from her—the prisoner was sober when he used the knife—I have lived between three and four years with the prisoner—the deceased was a sober woman—her name was Charlotte Lovee—I saw her body at the Inquest.
six and seven o'clock in the evening, I was in Whitechapel—I saw Woolcot following the deceased, who was bleeding from a wound in the neck, and was holding something to it—she said she had been stabbed—Taylor, the street-keeper, took charge of her, and I went with the boy to No. 4, Boar's Head-court, and found the prisoner there, taking his tea—he was cutting a slice of bread from a quartern loaf with a knife—the boy pointed him out to me—I said I should take him into custody, on a charge of stabbing his wife—he said, "I know all about it," he hoped he had not hurt her—I told him I was afraid he had inflicted a deep wound—I took him to the station, returned, and took possession of the knife—on the way to the station he said, "The knife that I was cutting the bread with was the one that I stabbed her with"—there was a slight mark of blood on the handle of the knife, but it has got rubbed off—there were marks of blood on the stairs—the woman was afterwards taken to the hospital—I saw her there—this is the knife (produced.)
JOHN WYATT . I am house-surgeon at the London Hospital. On 19th Feb., at seven o'clock in the evening, the deceased was brought there—she was in a state of partial collapse, and was bleeding from a punctured wound on the right side of the neck, about an inch below the jaw—she was very much exhausted—it was such a wound as might have been produced by a stab from this knife—it was about three-quarters of an inch long, and about three inches deep—she lived till the 27th—when she was first brought in it did not appear a mortal wound, on account of the slight bleeding—I made a post mortem examination of her body, and the cause of death was inflammation caused by the wound—the wound completely transfixed the larynx, or gullet—it did not pass through the carotid artery, but so close to it that it was to be seen pulsating—there was an extensive abscess on the opposite side of the wound, which was the result of the inflammation.
Cross-examined by MR. PARRY. Q. Did you have any conversation with her about the wound? A. I may have told her that I hoped she would get better, or something of that kind—that was when I first attended to her—I did not then think the wound was a fatal one—I remained of that opinion until violent inflammation supervened, about three days after—I knew there was a wound in the gullet, but I did not know it transfixed it till I made the post mortem examination—it was almost impossible to ascertain it without.
MR. CLARKSON. Q. On the 20th did you consider her, or not, in a dangerous state? A. Not in immediate danger—she was very desponding from the time she came in—she constantly said she did not expect she should get better.
NORRIS VINE . I am principal clerk at Worship-street police-court. I remember Mr. Hammill, the Magistrate, going to the London Hospital on 20th Feb., and seeing the deceased, Charlotte Lovee, there—there was an examination taken—nothing had been before said by the deceased as to her expectation of recovery—the prisoner was present—the statement was the result of questions by the Magistrate—I took it down from her lips as she gave the answers in the presence of the Magistrate—it was then read over in the prisoner's presence, and she then put her mark to it.
COURT. Q. Had the prisoner the opportunity of cross-examining the witness? A. Yes, and he did put one question to her—it was signed by the Magistrate in his presence.
Cross-examined. Q. Did you administer the oath? A. Yes, in the presence of the Magistrate and the prisoner—(the statement was here read, as follows: "I am the prisoner's wife; I was married to him in 1832. I had been out on Saturday, 19th instant, and returned home in the afternoon; I
met him coming down the court with another man; I told him I had been to Arbour-square, and had seen Mr. M'Kenzie, to get a warrant for him; he said, 'If you want a warrant I will give you getting a warrant.' I afterwards went to a public-house, and had a pint of fourpenny ale with my husband, and we both went home together, and I got tea ready, and he went and bought a sweetbread and some wine, and I was frying it at the fire, and just as I was about to pour out a cup of tea he said to me again, 'Where have you been?' and I said, 'Why, Lovee, I will tell you the truth; you had beaten me so in the morning, that I really did go to the police-court for a warrant.' He said, 'Oh, you did go to the police-court, did you?' I said, 'Yes,' and I saw something go to the right side of my neck; I felt no pain, but blood immediately flowed from my neck; and as he was taking away his hand from my neck I saw the little whitehandled knife in his hand, and I said, 'Oh, he has stabbed me!' and I ran into Mrs. Salmon's, and then to the doctor's, and then two respectable men brought me here in a cab. He fetched me some wine before he stabbed me,")—That was in answer to a question put by the prisoner.
(Thomas Wyburn, gun-stocker, 24, North-street, Sidney-street, Commercial-road; Joseph Millwall, gun-barrel maker, 66, Lambeth-street; John Bates, glass-cutter, 26, Lambeth-street, Whitechapel; and Dennis Lyon, of 4, Boar's Head court, gave the prisoner a good character.)
GUILTY of manslaughter. Aged 43.— Transported for Fifteen Years .
Before Mr. Baron Platt.
GUILTY . Aged 22.— Transported for Ten Years .
MESSRS. BODKIN and COCKLE conducted the Prosecution.
JOHN CHARLES REYNOLDS . I produce an examined copy of the record of the prisoner's conviction—I have examined it with the original in Mr. Clark's office—(read—Convicted Nov., 1848, and confined one year.)
LOUISA CATHERINE HAYS . My father keeps a baker's shop at Whitehall-row, St. Pancras. On 11th March the prisoner came to the shop and asked for a penny loaf, he gave me 6d., I gave him 5d. change, and he went away—I laid the sixpence on a ledge on the till, where I am sure there were no others—directly he was gone a constable came in, and my sister gave him the sixpence from the same place—there were no other sixpences near—my sister and I marked the sixpence, and I gave it to the constable—no one had been to the till after the prisoner went out and before the constable came in.
Prisoner. Q. Was there not a man went in before me with a sixpence? A. Yes—I laid that on the ledge, and when you came in I put that in the till—I did not put yours in the till with that one—the ledge is on the side of the till—we always put the last money on the ledge, so that we should know what change to give, if there is any dispute—I gave the other man 5d. change—the policeman did not tell me before the Magistrate" If you say what I told you before we came here you will make a case of it; but if you do not, the man will get remanded"—he did not tell me what to say—he did not say a word to me.
when the prisoner came in for the penny loaf, and when the man came before—if we receive any coin, our practice is to lay it on the ledge inside the till until we give change, and it remains there till another customer comes in—my sister served the first man—I did not see her place the sixpence on the ledge—she served the prisoner, and laid the sixpence she took from him on the ledge—when the constable came, in consequence of what he said I looked at the ledge, and the same sixpence my sister had taken was there—I marked it, and gave it to the officer—this is it (produced.)
Prisoner. Q. What were you doing when I went into the shop?A. Scrubbing the counter—I saw your face—I did not say you were not the man, or that I did not notice you—I marked the sixpence before I let the policeman have it—I said it was bad before I took it off the ledge—I could not see it was bad when you laid it on the counter—I could see it was a sixpence.
MARY HARRISON . I am the wife of George Harrison. My sister, Jane Martin, keeps a tobacconist's shop—I do not serve there, but I went there on Thursday, 11th March, and served in the shop—the prisoner came in, and asked for a quarter of an ounce of tobacco—I served him—he gave me a sixpence, and I gave him 5d. change—he went away, and directly afterwards the officer came in—I put the sixpence into a cup in the till, where there was do other sixpence—I afterwards gave it to Botman.
EDWARD TOTHMAN (policeman, 373). On 11th March, about twenty minutes to eleven o'clock, I was on duty at St. Pancras, and saw the prisoner in company with a man and woman—I saw him go to Mr. Hayes', take a penny loaf, and tender a sixpence on the counter—he came out, went and joined the man and woman, and passed something to the man—they then went on together towards Mrs. Martin's shop, and I observed the woman give the prisoner something, and he went to Mrs. Martin's shop, and purchased some tobacco—I saw him pay a sixpence for it—when he came out, I followed him to the corner of Battle-bridge, where they all three ran away as fast as they could—the others got away, and I secured the prisoner, and said, "Feeny, I want you, for passing two bad sixpences"—he said, "Me pass two had sixpences! I have not passed any to-day"—I took him to the station, searched him, and found on him a penny loaf, but no money—there was time enough for him to get rid of the money when he joined the man and woman—he walked some distance with them—I produce the two sixpences, one from Hayes, and the other from Miss Harrison—they were both marked before I had them.
Prisoner. Q. You saw the three of us run away? A. Yes; directly I came up, you made a start, and I caught you by the collar, when you had run about half a dozen steps—when I told you it was for passing two bad sixpences, you said you had not a tanner that day—I took you to one of the shops, and you said you had not been there all day—I did not take you when you came out of the second shop, because I was following you with a view of getting a third piece, but I came upon you accidentally round a corner, and directly you saw me you bolted off—I saw you give a sixpence for the penny loaf—I was seven or eight yards from the shop at the time—I did not take you when you came out of the first shop, because I could not get any assistance—I asked some persons to run after the man and woman, but they would not.
WILLIAM WEBSTER . I am inspector of coin to the Mint. These two sixpences are counterfeit—they appear to have come from the same mould, but one is so much worse an impression than the other that I cannot positively say.
GUILTY . Aged 21.— Transported for Seven Years .
Before Mr. Justice Erle.
717. GEORGE LYON , feloniously forging and uttering an accepetance to a bill of exchange for 150l., with intent to defraud William Miller Christie, and others;also, forging and uttering a hill of exchange for the payment of 51l. 11s., with intent to defraud the said William Miller Christie, and others: to both which he pleaded
GUILTY . Aged 32.— Transported for Twenty Years .
MR. CLARKSON conducted the Prosecution.
HENRY SAVORY WAY . I am in the employ of Mr. John Pannett Bull, a warehouseman, carrying on business under the firm of Bull and Wilson, at 52, St. Martin's-lane. On 15th Sept. the prisoner brought this order—it was handed to me by Mr. Adams—I asked him if he brought that order from Boyd and Co.—he said he did—I said, "Well, then, wait a few minutes and you shall have the goods"—he remained there ten or fifteen minutes—I delivered the order to Mr. Risden; he packed up the goods, and I saw them delivered to the prisoner—it was a piece, and worth 23l.—the prisoner gave his name as Jones—he left with the goods—I saw the prisoner again on 15th March—I am positive he is the man.
Cross-examined by MR. COCKLE. Q. Had you ever seen him before that day? A. No; a great number of persons of the prisoner's rank in life come to our warehouse—(order read—"Messrs. Bull and Wilson, St. Martin's-lane. Please to send, per bearer, one piece, to match pattern as near as possible.—JOSEPH BARNICOTT.")—he brought a pattern piece with him.
TRISTRAM RISDEN . I am in the employment of Mr. Bull. On 15th Sept. I was on the premises when the order was presented—I am quite positive the prisoner is the person that brought it—in consequence of directions from Mr. Way I packed up twenty-nine yards of black patent beaver—I asked the prisoner his name—he said, "Jones."
Cross-examined. Q. Had you seen him previously? A. Not that I am aware of—I saw him next on Saturday, 16th March—Mr. Way was with me—seven or eight prisoners were arranged for the purpose of ascertaining if I knew the man, and I picked out the prisoner—Mr. Way was not then with me, he was in the adjoining room—the prisoner is rather tall, but it is his countenance I allude to particularly—I did not take particular notice of his height—many persons come to our place on the same errand as the prisoner—we do a large business.
JOHN HATTON . I am in the employ of Boyd and Co. I know the prisoner—I never knew him by the name of Jones—in Sept. last he was out of employ—some time before this cloth was obtained, he asked me to get him one of our bill-heads to settle a bet—I got him one, and either gave it to him or left it at his house for him—I knew where he lived, at 8, Shaftesbury-place—I had been in the habit of going to his house previous to that, and since then I have called there occasionally.
Cross-examined. Q. Have you the custody of the bill-heads? A. No; I picked it up among the waste-paper in the packing-room, a very short time before I gave it to the prisoner; about a day I should guess—that was the only bill-head I ever gave away—after I heard about the cloth I went to the prisoner and remonstrated with him upon it, and he assured me that he had not made use of it.
Boyd and Co., of Friday-street, warehousemen—Bull and Wilson are customers of ours—the name of Joseph Barnicott to this paper is not my writing—I never authorized any one to put it, or to order the goods—I should think this was originally one of our bill-heads.
Cross-examined. Q. You knew nothing of him before? A. No.
THOMAS BRADLEY (City-policeman, 269). I took the prisoner into custody on Friday, 15th March—I told him he was charged with obtaining some goods from Messrs. Bull and Wilson, of St. Martin's-lane—he said he knew nothing at all about it.
(The prisoner received a good character).
GUILTY . Aged 42.— Confined Fifteen Months .
Before Mr. Baron Platt.
MR. BODKIN conducted the Prosecution.
JOHN MOWBEY . I work in a brick-field. On Tuesday, 26th Feb., I was at the Forester's Arms, Hammersmith—the prisoner came in—he said something to me about a drunken man who was there—I told the landlord what he said—on the Thursday I met him in the street—he asked me what I had been saying about him—I said I had been saying nothing but the truth, and he up with his fist and hit me—on the Saturday, about half-past twelve o'clock in the day, I was at the Robin Hood with a man named Betts, who went into the tap-room, while I stood at the bar—after he had been there a little while I heard a scuffling—I went to the tap-room door and saw the prisoner take up a poker and strike Betts on the shoulder—Betts rushed to take it from him—we got it from him—we did not strike him—while we were struggling, somebody called out, "He has got a knife in his hand"—when I came from him I felt blood trickling down my left side—until then I was not aware I had been stabbed—I found I was stabbed under the left arm, and had a cut on the right wrist, which I had not felt done—I did not see anything in the prisoner's hand till after he struck me—he then had a knife like this (produced)—I was taken to Mr. Hunter, a surgeon.
Cross-examined by MR. WOOLLETT. Q. Were there many persons at the Robin Hood? A. Yes, wrangling—I had not been there ten minutes—I had not been drinking a great deal—the prisoner was there before I came—he appeared sober—there were several persons in his company—there was a great row.
WILLIAM BETTS . I am a labourer, of Shepherd's Bush. Mowbey, and me, and Wright went to the Robin Hood—we found the prisoner there, sitting in front of the fire, with two women—I asked him the reason of his striking Mowbey on Thursday—he said he would strike me, and immediately picked up the poker and struck me with it—he said he would d—d soon knock my head off if I interfered with him—Mowbey came to the door—we both struggled to get the poker from the prisoner, and he stabbed Mowbey under the arm—I then saw a knife in his hand—he stood up in the middle of the room and said if any one touched him he would stab them—Mowbey was taken to a doctor, and the prisoner shut up the knife and put it into his pocket.
Cross-examined. Q. Are you sure the prisoner had a poker? A. It was a piece of wire which was used for a poker—it was about as thick as an iron hoop—it is not here—the prisoner was not down on the floor.
PAUL LANGLEY . I went to the Robin Hood. A person named Wright called me into the tap-room—I found the prisoner there—I did not see anything in his hand—I asked him for the knife he bad stabbed Mowbey with—he swore, and said he would not give it me—I said I meant to have it before I left him, I bolted the door, and put a part of a poker out of the room, and threw him down—he said if I would let him alone he would give it up to the landlord—I held him, and another man took this knife out of his left pocket—it was given to the landlord.
Cross-examined. Q. Did not he say they should not have meddled with him? A. I do not think so.
CHARLES JONES . I was at the Robin Hood, and saw Mowbey, Betts, and the prisoner in one corner hustling—I saw a knife in the prisoner's hand, and called out, "Mind, he has got a knife, Mowbey"—as he twisted round, it cut his wrist—he came back and said, "Oh, has not be put it into me somewhere?"—he was stabbed.
THOMAS DAVIS HUNTER . I am a surgeon, of Addison-terrace, Nottinghill. Mowbey was brought to me—I found a wound in his side from five to six inches long, near the arm-pit—it varied from three-quarters of an inch to two inches deep—it was both a thrust and a cut—it was not dangerous in itself, only from its proximity to important parts—he is quite well now—he had an oblique cut on the wrist, not dangerous—a great deal of force must have been used.
Cross-examined. Q. Might not an accident have happened when they were wrestling? A. It might.
GUILTY on the second Count. Aged 39.— Confined Two Years .
Before Mr. Justice Erle.
MR. BRIARLY conducted the Prosecution.
FANNY HUNTER . I live at 20, York-road, in the parish of Lambeth; Mr. Theodore Rosseau lodged in my house. On Monday, 11th Feb., about four o'clock in the afternoon, the prisoner came to take a lodging—she gave me a reference, which I objected to on account of the distance—she then gave me another, who she said was her ancle, who was in the Dividend-office, but I found there was no such person—she required to come in that evening, but it was after Bank hours, consequently I had not time to get her reference; but as she had a young child with her, I took her in that day—she came in between eight and nine that evening; she only staid an hour—she asked me for a table—there was none in her room, and I went into Mr. Rosseau's room and got his—his watch was then on the table, and I removed it on to the drawers, and took her the table—she soon after went out, and never returned—I directly went up-stairs, and the watch was gone—she had gone with me into Mr. Rosseau's room at four o'clock, to look at it, as he was about leaving, and the watch was then on the table—I did not see her again till she was in custody on another charge.
Prisoner. Q. When I went to Mrs. Hunter's, my two sisters were with me; I never went into the room she speaks of, except when I went to take the lodging; I was to pay her weekly, and she was to provide, and when I went she would not provide, and there was nothing ready, so I went back to
my old apartments. Witness. Two persons came with her—the room was ready for her—the servant let her in, and immediately went out—she asked for some cold meat, which I took up to her, and sent out the servant for tea—the prisoner knocked at my door as she went out, and said she was going for her baby's night clothes, and asked me to have tea ready by the time she came back, but she never came back—she said she took the lodging for herself till the following week, and then for her brother.
MR. BRIARLY. Q. Were the two other persons with her when she came at eight or nine o'clock? A. One of them came, and carried her child up-stairs, and then went out—her room was next to Mr. Rosseau's; the servant was out the whole time the prisoner was there.
COURT. Q. How long before you missed the watch had you seen it? A. About ten minutes; a lady and gentleman occupy the first-floor; they were in the drawing-room at the time, and an old lady who lives in the second floor was in the parlour with me—the watch has not been found.
Prisoner's Defence. The charge is made against me purely from motives of malice; I engaged this person's room, and no doubt she felt annoyed; I was there upwards of an hour, and could get nothing, and then went back to my own apartments, which I found I could still occupy, and as she objected to provide, I did not think it necessary to return.
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
ANN CARLING . I am in the employ of Mr. Noel, of 63, High-street, Camden-town. On 23rd Jan., the prisoner came and asked to look at some children's dresses—I showed her several—she asked if I would send her two or three to look at to try on the child—she left her address, 18, Camden-street—she promised to return the money for the one she took by the person who took the dresses—I sent them by Maria Carter—she brought back no money, nor either of the dresses—I afterwards saw one of the dresses on the prisoner's child, when she was in custody, three weeks after.
Prisoner. When I went to the shop, I asked to look at some dresses, and said if they fitted I would keep one, and if not I would give an order for one; she never named payment to me, nothing was said about payment. Witness. She said if she should alter her mind with regard to the colour, would I make her a pink one at the same price as the one she should take, whichever about fitted the child—I said I would—she said she would send the money back by the person that brought the dresses—I sent the dresses on the faith of what she said—I sent no bill with the dresses.
MARIA CARTER . I received two dresses from Miss Carling, which I took to 18, Camden-street—I gave them to Mrs. Marshall, the landlady, who took them up-stairs to the person—I did not ask for the money—one frock was to be left and paid for, and the other returned—a message was brought down by the servant, which induced me to go away contrary to my orders—I went again, and saw the servant—I did not get either of the frocks again, or payment for either of them.
Prisoner. Q. Why did not you wait for the money? A. The message that I received was that the child was asleep, and if I would call again in an hour, or leave them till next morning, you would keep one or the other—I went next morning, and you had not been home all night.
ELIZABETH MARSHALL . I live at 18, Camden-street. On 23rd Jan. last, the prisoner engaged my apartment—she said she had just come from the railway, and that her husband and her luggage would come next day—I remember Carter bringing a parcel—she gave it to me—I gave it to the servant, who took it up-stairs—I did not go up, nor did I see the prisoner about it—the servant is not here—the prisoner afterwards came down-stairs, and I asked her if she was going to leave the parcel, for the person was going to call again for it—she said no, she was going past the shop, and would leave it—she then had the parcel in her hand—I never saw the prisoner again till she was in custody.
MARY ANN NOEL . I am the wife of Cyprian Anthony Noel. I saw the prisoner at the police-office, and identified the frock which the baby had on; it was very much larger than a child of that size would wear—it had been in my possession four or five months—I received no letter from the prisoner.
Primer's Defence. It was a credit account; the young woman said she should be happy to take my order: I did not see Mrs. Noel; it is only a debt; I had a Chancery suit in hand, and was obliged to take a little credit.
GUILTY . Aged 30.— Confined Fifteen Months.
Before Mr. Baron Platt.
MESSRS. RYLAND and THOMPSON conducted the Prosecution.
DANIEL MAY (City-policeman). On the evening of 12th March I was on duty in plain clothes on Ludgate-hill, about six o'clock, and saw the prisoner and a man named Judge—I watched them, and "followed them into Farringdon-street—they stopped at the shop of Mr. Hayes, a tailor—I saw them handle a coat which was on a block outside the door, and then walk away to the corner of Farringdon-street, near Holborn—they stopped there about a minute, and then returned together to the coat—the prisoner then took the coat off the block, and put it underneath his own; Judge being at the time close to him, and on the look-out—they turned up a passage into Farringdon-market—I followed them and took the prisoner—I laid hold of him by the collar—he became very violent, and dropped the coat—I picked it up—he tried to get away—Judge was at the time walking away—I called out to some persons who were standing by to stop him, which they did, and brought him back, and another officer took him—I then succeeded in getting the prisoner out of the market into Farringdon-street—he went quietly till we got into King-street, Snow-hill—he then, ail of a sudden, turned round, drew his right-hand out of his coat pocket, in which he had a knife, and commenced cutting my right-hand, by which I had hold of his coat—I called out, and threw him to the ground—while he was cutting my hand he said, "If you don't let me go I will kill you"—when he was on the ground I saw the knife lying close by his side on the ground—he was taken to the station—I there examined his clothes, and found that his coat was cut close to where I had got hold of him, and also his waistcoat; and a great quantity of blood on the coat—I went to St. Bartholomew's Hospital the same evening, and had my wounds dressed; and next day I was seen by the surgeon of the police-force—I have not been able to do any duty since.
Prisoner. I had no knife; it was a ninepin which I used at my work.
Witness. I did not pick up the knife—there was a number of bad characters round at the time, and I suppose it was picked up almost immediately after we got up.
MR. RYLAND. Q. When he drew his hand out of his pocket could you distinctly see he had a knife? A. Yes; it was what I should call a middling-sized clasp-knife.
ARTHUR SAXBY . I am shopman to Mr. Hayes, a tailor, in Farringdon-street. On Tuesday evening, 12th March, May beckoned me out into the street; I went out, and missed a coat from a block outside the shop-door—I had seen it safe about a quarter of an hour before—I afterwards saw the prisoner in custody of May, and saw a struggle between them—I did not see any knife—I saw the prisoner throw his hand across his left shoulder, and I saw them both fall to the ground—I saw the cuts on May's hand as he was going to the station.
GEORGE BORLASE CHILDS . I am a Fellow of the Royal College of Surgeons, and am surgeon to the City police-force. I saw May on 13th March—I examined his hand, and found he had been severely wounded in four or five places on the hand—the wounds extended to the tendons and bones of the fingers—one wound in particular was a very severe one indeed—it extended from a little anterior to the wrist to between the first and second bones of the hand—it was so deep that I might have laid my finger into the wound—it nearly reached through the whole depth of the hand—I dressed it, and did what was necessary—he is still invalided, in consequence of the injuries he sustained—I should not think it would impair the use of his hand hereafter—I have known much more trifling wounds produce lock-jaw—they were not such wounds as would be inflicted by a pointed instrument—a cutting instrument, such as a clasp-knife, would produce them—they were all incised wounds.
Prisoner's Defence. I did not use a knife; that is a thing I never carry about with me; it was a ninepin.
GUILTY . Aged 25.— Transported for Fifteen Years.
Judge's Defence. I was coming from St. Paul's Church-yard, and saw Cartwright; I had worked with him at Brewer's Quay; I stopped and spoke to him, and we went down Farringdon-street; I did not know that he stole the coat; the first notice I had of it was the constable seizing me by the collar.
CARTWRIGHT— GUILTY . Aged 25.
JUDGE— GUILTY . Aged 22.— Confined Twelve Months.
NEW COURT.—Wednesday, April 10th, 1850.
PRESENT—Mr. Ald. CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY. Aged 16.—Recommended to mercy .— Confined Four Months
HENRY SCHWANK . On 24th Feb., about two o'clock in the morning, I met the prisoner in Westminster, and went with her to a room—I gave her a sixpence and a penny—I had more money, and a watch with a guard—some gin was brought by an old woman down-stairs—I drank some with the prisoner—I was quite sober before I took it, but about twenty minutes afterwards dropped off to sleep—I locked the door, and put my clothes on the table—the watch was still in the waistcoat—I went to bed about fifty minutes after two, and did not awake till two o'clock in the afternoon—the prisoner, and my clothes, money, and watch, were gone—3d. in copper was left in the waistcoat—I missed two half-crowns, two shillings, three sixpences, four pence, and two halfpence—I had the headach next day—two or three days afaterwards I met a policeman, and went to the home—I have never got my watch.
JAMES SANDERS (policeman, V 192). Schwank spoke to me, and described the prisoner—I took her—she said she knew nothing about it, it was not her—he showed me the house, 58, Orchard-street—I asked the prisoner if she lived there—she said, "No, at No. 60."
Prisoner. Q. Is there any lock to the door? A. No, only a padlock outside—I took no gin up.
Prisoner's Defence. I have never been away from the premises till I was taken; Schwank had given another young person in charge that night, for robbing him of a half-sovereign, and who is to know whether he had a watch and guard after that? I never saw him before I was at the station.
NOT GUILTY .
GUILTY. Aged 25.—Recommended to mercy. — Confined Eight Days
MR. COCKLE conducted the Prosecution.
ROBERT DYMON . I am in the employ of Henry Mandy, of 21, Newgate-market. I saw two hind-quarters of meat safe about four o'clock on 1st March—I had not sold them—they were Walter Mandy's—I shut up the shop, and locked them up—nobody had any business to go there after four o'clock.
EDWARD THOMAS FREDERICK HANCOCK (City policeman, 229). On 2nd March I was on duty in Newgate-market, about a quarter to five o'clock in the morning—I saw the prisoner outside Mr. Mandy's door, with a leg of mutton in his hand, and two hind-quarters of mutton in a canvas cloth were at his feet—Mannett gave him into my custody—he had 16s. 1d. in his pocket—he said a man named Jack employed him to pitch the mutton—I received the meat and cloth, and produced it before the Magistrate.
NOT GUILTY .
JOSEPH BUSH . I make saws. On 30th March, about half-past seven o'clock, I was in the street, and saw the prisoners go into my shop and come out—Marshall had then a saw, which he put under his arm, and walked down the street with Perry—I took Marshall in Petticoat-lane—he threw the saw down—I took it up—Perry ran away—he was brought back—this is the saw (produced).
MARSHALL**— GUILTY . Aged 17.— Confined Twelve Months.
PERRY— GUILTY . Aged 17.— Confined Four Months.
JOSEPH COMBER KNIGHT (City policeman, 437). I took the prisoner on 9th March—being in plain clothes, I told him I was an officer, and had come to see him respecting some handles for umbrellas, which Sims said he had of him—I told him to do as he thought proper about saying anything to me or to Sims—he said, "They are all right; I can soon explain all about that"—I said he must go to the station, and explain to the inspector—on the way he said to Sims, "You know I left them with you as samples"—Sims said, "It is no use saying that; you know I bought them of you, and gave you a sovereign"—the prisoner at first denied having a sovereign, but afterwards said he had—I took him to the station.
Cross-examined by MR. COCKLE. Q. Did not he correct himself, and say, "No, I only left them as a sample, but I received a sovereign of you?"A. Yes, immediately.
JOHN THOMAS SIMS . I am a dealer in furniture, at Cleveland-street, Fitzroy-square. The prisoner brought some handles to me, and said he had received them in lieu of wages—I said they were no use to me—I afterwards gave him a sovereign for them, for my nephew—he had worked for me fourteen years—the police brought them back in eight or nine days.
Cross-examined. Q. During the fourteen years, what character has he borne? A. Very good; not a week passed without my paying him money.
CHARLES CRUSE FOX . I am clerk to Charles James Fox, and Thomas Bruce. The prisoner was in their service—we had some umbrella handles like these, I cannot identify them—the prisoner had no right to take them away.
Cross-examined. Q. Are not they part of the stock of Hargreaves and Co. A. I suppose they had the same sort.
WILLIAM JAMES MITCHEL . (City-police inspector). The prisoner was brought to the station—after I had cautioned him, he said he could easily explain it, he took the things an samples, and had not sold them.
NOT GUILTY .
(No evidence was offered).
NOT GUILTY .
WILLIAM FREDERICK WAKEMAN . I live in Portland-place, Edgeware-road. On 15th March, about half-past eight o'clock in the morning, my attention was directed to the bell-wire in front of the house—it had been cut at both ends, and carried away—I should think there were about twelve yards gone—I had used it the day before.
WILLIAM SMITH . I am ten years old. On the day before I went before the Justice, about seven o'clock in the morning, I saw two boys near Mr. Wakeman's house, the prisoner is one of them—the other one cut the bell-wire, and the prisoner was then at the gate, a few yards from him, and he carried it away—I told the servant.
GEORGE HANKIN (policeman, D 73). I produce a certificate of the prisoner's conviction—(read—Convicted on his own confession, May 1847, having been before convicted; confined six months)—I was present, he is the boy.
Prisoner. I should like to be transported.
GUILTY .—Aged 15.— Confined Twelve Months, and twice Whipped.
MR. BALLANTINE conducted the Prosecution.
THOMAS BARHAM . I am a stationer, of Albion-street, Hyde Park-square, and deal with Messrs. Smith. On 11th Jan. I paid the prisoner £4 1s. for them, between two and four o'clock—he gave me this receipt(produced).
Cross-examined by MR. PARRY. Q. How soon afterwards did Mr. Smith learn from you, that the prisoner received the money? A. It might be a month afterwards—I mentioned it to another traveller.
THOMAS JOHN SMITH . I am a manufacturing stationer, in partnership with my brother. The prisoner was our traveller, and was paid by a commission on all sales effected—it was paid at stated periods, he drawing on us in the mean time for what he wanted—if he received 4l. 1s. from Mr. Barham on 11th Jan., he has not accounted to me for it—I find by the book, that he applied to me for 1l. 10s. on 11th Jan., which I gave him, but he paid over no money to me—we discharged him about the 7th Feb., and about a fortnight afterwards we found this amount was paid—I did not give him into custody for about three weeks afterwards—I had reasons for that—I charged him with taking Barham's account, and not paying it to us—he said he knew he did; he put it into his pocket, went down to Hertford, and finding himself rather short, he made use of it.
Cross-examined. Q. Had he authority from you to receive money on your account? A. No; my brother engaged him—this letter contains the terms of the engagement—(This letter was from the prisoner to Messrs. Smith, accepting the situation, the terms being 5 per cent, on all sales effected)—it may have been more than a month after discovering this that I gave him in charge—I saw him the day before, but said nothing about this—I knew it, I had reasons for saying nothing about it—I told Webb to take him next day—he had no commission on bad debts—there are debts unpaid which he has obtained orders for—the settlement is still open—he did not tell me before, or when he was discharged, that he had received this money.
MR. BALLANTINE. Q. Have you ascertained whether there is anything
due to him? A. He has been paid, and overpaid; if he had received debts, and paid them to me, I should not have objected to receive them.
HENRY WEBB (City-policeman, 258.) I took the prisoner on 22nd March, at a stationer's shop, in Church-street, Camberwell—I told him the charge—he said he had received the money, and intended to write to Mr. Smith that evening, and that Messrs. Smith had not settled their account.
Cross-examined. Q. Did he say there had been a misunderstanding between him and Mr. Smith? A. Not to me.
NOT GUILTY .
WILLIAM JARVIS (City-policeman, 614.) On Monday morning, 4th March, about ten o'clock, I saw the prisoners on Blackfriars-bridge, following a gentleman—Toomer put his hand into his pocket, Stanway covered him, about a yard off—I spoke to the gentleman, took the prisoners, and found this handkerchief on Toormer.
TOOMER.†— GUILTY . Aged 18.
STANWAY.— GUILTY . Aged 18.
Confined Twelve months
MR. BALLANTINE conducted the Prosecution.
ELIZABETH MORGAN . I carry on business in Mason-street, Westminster-bridge-road. I deal with Mrs. Phillips—on 12th Feb. some goods were supplied to me, and on the 19th I paid the prisoner for them—this is the receipt he gave me, for 1l. 13s. 9d.
Cross-examined by MR. PARRY. Q. Was he in the habit of calling on you frequently? A. Yes, once a week, and bringing the goods and receiving the money the following week.
Cross-examined. Q. You did not see the prisoner make any entry in his own book? A. No; I saw him set it down on the bill.
JAMES PARNELL . I am manager of the business of Mrs. Martha Phillips, a tea-dealer. The prisoner was in my employ—it was his duty to receive moneys and to account to me the following morning, and to enter any sums of money he received in the waybill—if he received 1l. 13s. 9d. on 19th Feb. from Mrs. Morgan he has not paid it to me, or any money from Miss Brew—on 5th March here appears on the waybill 1l. 1s. 6d. and 13s. 6d.—that is 1l. 1s. 6d. out of an amount of 3l. 1s. 6d.—I asked him what date Miss Brew's account was for, as I could not find it in the book—he said he did not notice, but it was the whole account, and that was all he received—I said I could not find it, and made a minute of it on the waybill, and wished him to go to Miss Brew's, and see what the date of the bill was—he made two or three excuses, that she was engaged or out—I afterwards went, found he had had the money, and gave him into custody.
Cross-examined. Q. He said this was an entire account? A. Yes, he did—this is the way-bill of 5th March—this is my writing on it, "Not
found"—I had not found the 13s. 6d. then; I have since—I did not find the 1l. 1s. 6d.—I found 13s. 1d.—I mentioned about Miss Brew's 1l. 1s. 6d. on the 8th—the prisoner was given into custody on the 23rd—the prisoner was to account to me—he had accounted once or twice to Mr. Hoppy—the average accounts he collected were 78l. a week—when I charged him he did not say that if there was any omission it was a mistake, and if I would show him the books he would rectify it directly—he said nothing about any mistake or omission—he had been in our employ about six months—he has never said he had money in his pocket that he must have received from our cutomers, but he did not know who—he has not procured more customers for Mrs. Phillips than it was his interest to do—if he had not done so I should not have kept him—he has done very well—it was his duty to travel round, and get as many orders as he could—he has got a great many customers that we had not when he came to us—there was a customer named Knight—the prisoner did not tell me he had received a sum from him, till I asked him—he paid me in 25l. and some odd shillings the night before, having some other business in the morning—I said to him, "How is this? here is 5l. more than your waybill"—he said, "Yes, there was 5l. that I received from Knight," but that did not make the exact sum—I think there was 4l. 8s. 4d. still a balance—I found that that was appropriated to Stroud—there is not still something out of that balance that I cannot appropriate—it was 6d. short—there was no other sum that he ever paid—it was his duty to present his waybill every night, but on different occasions he told me he was so tired when he got home that he could not do his waybill up, would I let it stand till morning, and give him a receipt for the money he paid me; then the next morning I went through the waybill, and checked the sums with it—that has happened more especially within the last two months—he did not walk—he had a horse and cart, in which he carried the goods—I have never made a mistake in reference to an invoice of sugar, or given the prisoner an invoice to get the money for, when the goods had been paid for—on my oath, nothing of that kind has ever occurred—I do not remember giving the prisoner an invoice of goods to Matthews which had been paid for—nothing of that kind has ever occurred with reference to a bag of sugar—when the prisoner was given into custody I had had him up about an hour and a half that morning to try to bring him to account—a Mr. Larby owed 5l. on some security which was not paid—the prisoner did not say that rather than I should be displeased, or lose a customer, he would pay me the amount—I was not aware that he had actually paid the bill till after he was in custody—he took a bill, which he ought not to have done—I have always said I would not take bills—no commission was due to him then.
MR. BALLANTINE. Q. Was Larby a person introduced by the prisoner? A. Yes; I had given him instructions that no bill should be taken—the amount of the bill was 5l.—he brought it to me the morning after he took it, and I refused to take it—he then produced the money—he received a commission on all the customers he introduced—there would be certain names and amounts on the waybills before he took them out, all those that were to be paid on that day or the day following—if money was received in addition to those amounts, it would be his duty to put them at the bottom of the way-bill—both those accounts of Morgan and Brew's should have been added at the bottom of the waybill—three or four amounts would be the average that would be added to the waybill every day.
CATHERINE BREW , re-examined. The prisoner did not apply to me about he 2l.—I was not engaged or unwell, so as not to be able to see him—he called once after 5th March—it was on a Tuesday—he saw me on that
occasion—he did not say anything about the mistake of 2l.—I cannot tell whether the other amount was 13s. 1d. or 13s. 6d.
(The prisoner received a good character).
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 23.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
LAURA SELIKA CLARKE . I am the wife of Edward Rawson Clarke, of Drayton-villas, Brompton. The prisoner was in my service about twelve months—in consequence of suspicion, I caused her to be given in custody on 11th March—I sent for an officer—we proceeded to search her boxes, and in consequence of what took place she was taken to the station—I went there afterwards and saw these keys—the inspector said to the officer, "Take these keys to Mrs. Clarke's, and see if they will open any place"—the prisoner then came forward and said to me, "I hope you will forgive me, and think no more of it"—I said, "It is out of my power now"—I accompanied the policeman with the keys to my house—there were two keys on the bunch; each opened one of my wardrobes—I missed rather better than two yards of claret velvet—when the prisoner went to the station she wore a claret velvet bonnet, but I did not notice it—I have since compared them—they correspond exactly—I also missed two yards of black satin, in the piece, from the wardrobe—I matched what the officer found with mine, and it corresponded exactly, and particularly here where it has been cut(produced)—I am positive this bonnet was made of a part of this velvet.
Cross-examined by MR. BALLANTINE. Q. On what day did you give her into custody? A. On Monday, for stealing a marked shilling out of my pocket—she denied having taken it—I made no other charge at that time—I said I would forgive her—I had a policeman in the house, but I did not intend to press the charge—I intended to have examined the whole of the servants—she was given in custody for some things found in her box, not the velvet or the satin—she was taken to the station, and this bonnet was taken off her head there—my velvet was kept in my wardrobe—there was no charge of this velvet or satin against the prisoner till she was in custody—these keys were produced by the officer, and then the prisoner throughout protested her innocence—she refused forgiveness—I have not charged any other servant—there was a housemaid who preceded the prisoner—I did not charge her with stealing a pair of stockings, to my knowledge—I did not say I had missed a pair of slippers, a handkerchief, and a sovereign—I believe the housemaid, Margaret, was honest—I never charged her with taking these things—I did not refuse to give her a character.
Cross-examined. Q. Did they not open the prisoner's boxes too? A. One of them does—one appears to be broken—I do not know whether it had been broken recently—it was not broken in opening the wardrobe—I have not had any communication with the prisoner—I did not tell her she had better confess—she wore this bonnet to go to the station—it was taken from her at the office—she had no other to wear there—there was another light bonnet in her box—she took the keys, opened her box, and departed—they were taken from her at the station—there was some halfpence in the box.
MR. BALLANTINE called
ALICE MIFFIN . I am a dressmaker and milliner, of 48, Harewood-street, Hampstead-road. I have known the prisoner three years—she and I were in service together at Mrs. Billiter's—since then I have been in service—I made this velvet bonnet for the prisoner—I have not the least doubt of it—I bought the stuff at Shoolbred's, in Tottenham-court-road, three-quarters of a yard—I paid 15s. for it—I know my own work.
Cross-examined by MR. CLARKSON. Q. How long have you left service? A. About seven months—I did not have a bonnet myself—I have not a velvet bonnet like this—I did not make more than one—I never went by the name of Seymour—I do not keep a shop—I was staying with my sister and brother-in-law—my sister's name is Levine—I mean to tell the Jury, on my oath, that this is the bonnet for which I bought the velvet—I believe it to be so—I will swear it is my work, and that this is the velvet I bought at Shoolbred's—I do not know whether it is English or foreign—I asked to look at some velvet for a bonnet—I have never worn a bonnet exactly like this, not the same colour—I never had a bonnet of this kind in my possession, only this one—my brother and sister occupy the house in Hare wood-street—my brother is a cheesemonger—I have been in the habit of coming to Mrs. Clarke's sometimes, when I have had things to do for the prisoner—I have not been there twenty times since she has been in Mrs. Clarke's service—I might have been there six or seven times—I know the cook by going to the house(pointing to her)—I mean to say that I have not worn a bonnet exactly of this colour when I have come to the house.
MR. BALLANTINE. Q. Have you ever in her presence worn any such bonnet? A. No, it is an entire fabrication—the prisoner bore a most excellent character—I never charged her anything for what I have done for her; she being a friend, I did them for her—my brother-in-law has been carrying on business since last June—he was in service before—there is not a word of truth in the suggestion that I have ever gone by the name of Seymour, or any other name but my own—I have lived with my brother-in-law ever since I left service.
SUSANNAH BARROW . My husband is a soldier in the Horse Guards. I have known the prisoner about fourteen months—I have seen black satin of this description in her box when she was with me last September, and I have seen a piece of velvet like this—there was no bonnet.
MR. BALLANTINE to ALICE MIFFIN. Q. Was the velvet you bought in the prisoner's possession before you made the bonnet? A. Yes; I cannot tell exactly the time I bought it.
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor. — Confined Twelve Months (There was another indictment against the prisoner.)
MR. PARRY conducted the Prosecution.
ANN BROOKFIELD . I am the wife of Charles Austin Brookfield, a solicitor of Albion-grove, Barnsbury; the prisoner was employed by me in January to wash and char. On 12th March, in consequence of something, I went to her house with an officer—I told her I had come on suspicion of her having robbed me of various articles—she said she had none—I told her it was no use denying it—I saw the officer search her room—he found these articles; they are my property.
Cross-examined by MR. WOOLLETT. Q. How many servants do you keep? A. One; I have known the prisoner since November—I always found her a hard-working industrious woman—I believe her nephew lives with her.
JOSEPH SMALLEY (policeman, H 175). I went with Mrs. Brookfield to the prisoner's house—I found there this visite, a piece of needlework, six forks, and two knives, and other things—she said some things were given her, and some she picked up in the dust-hole—at the station she said she did it through distress.
ANN BROOKFIELD re-examined. This is my visite—I did not miss it till after the prisoner was taken—this shawl is mine—when I last saw it, it was in a good state—these other things are all mine—they are in a very different state to what they were.
GUILTY. Aged 39.—Recommended to mercy by the Prosecutor and Jury.
Confined One Month.
OLD COURT.—Thursday, April 11th, 1850.
PRESENT—Mr. Justice MAULE; Mr. Justice ERLE; Mr. Ald. WILLIAM HUNTER; Mr. Ald. MOON; Mr. Ald. CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Justice Erle, and the Fourth Jury.
MR. BALLANTINE conducted the Prosecution.
RALPH DODD . I am in the employ of Joseph Adams, a mast and block-maker—the premises where this wood was stacked were at the top of a yard, at the corner of some waste ground, adjoining the Horseferry-branch-road—it was stacked close to the palings in the warehouse—I had been at work on 7th March—I left the warehouse at half-past six o'clock—I had no light—I locked up the premises, and left them quite safe, about half-past nine at night—there was then no way to get to the premises without getting across the palings.
Cross-examined by MR. PAYNE. Q. Was there anybody else there? A. Yes, one apprentice, William Adlington—he went away with me at half-past nine—we had been together all day—the other apprentice went away at five—it was dusk when I locked the place up—I and the other apprentice had been chopping up firewood that afternoon and evening—Adlington is twenty-four years old—he never smokes at the premises—a good many labouring men had been there that day—they come now and then to take a few poles away
—I never saw them smoking in the yard—I went to the premises again at half-past two, and found the policemen and men and women outside the gate looking st the fire—there were a few people on the waste ground out of the back houses—people used to play on the waste ground, and get over to fetch balls, but not since the fence has been up—I was fourteen on 23rd Aug.—Adlington is not here—I lock up the place, he will not—I lock it up, and fetch the foreman when he is wanted—we were chopping English elm, pieces of wood which were lying about—we had nothing to put on it.
MR. BALLANTINE. Q. Do the back houses abut on the waste ground? A. Yes; I saw nobody come across in that direction—to do so they would have to get across a six-foot paling—the keys of the warehouse hung up in the shop we were at work in, till I went home.
JAMES STOCKLEY (policeman, K 66). I know the prisoner. On the morning of 7th March, about a quarter to one o'clock, I saw him in Cock-hill, Racliff, going towards the Horseferry-road, about ten minutes' walk from where the fire was—I watched him about 150 yards towards the place where the fire afterwards was—he was as he is now, with the exception of his face being blacked—he works occasionally as a coal-backer—I could not tell by the gaslight whether the black I saw was his unwashed face—my attention was called to the fire about a quarter-past two.
JAMES TOW (policeman, K 342). On the morning of 7th March I was on duty in the Horseferry-branch-road—I had to pass Mr. Adams's premises—at half-past two o'clock I Was going down the hill, and observed tire bursting through the roof, at the end next to the enclosed piece of ground—I had not noticed it before—it takes me half an hour to walk round my beat—I did not notice it till I got level with it—I sent for an engine—the fire broke out here(pointing to a plan,) at the farthest corner from the Horseferry-road, the end nearest London-street.
JOHN LAWES . I was in the police when this fire took place; I have been dicharged since. On 7th March I was on duty near Mr. Adams's premises—about half-past two o'clock in the morning I was in Queen-street, and heard a rattle springing in the direction of the Horseferry-branch-road—I cannot say the time within five or ten minutes—I went down Queen-street into Horseferry-road, and found Mr. Adams's premises on fire—I then proved back in the same direction that I came—I turned up Queen-street, and just before I got to London-street I saw the prisoner turn the corner and run up Pump-yard, towards the fire-brigade engine-house—he could have come in that direction from the vacant ground—Pump-yard is in a direct line from Queen-street—I called to him to stop—he did not, and I said, "Who is that?"—he made some noise, but I could not hear what—he did not stop—he and I rushed to the engine-house—he got hold of the bell first, and said, "I have pulled the bell, and now I will go to the turncock."
Cross-examined. Q. I suppose you have not been dismissed for any good you have done? A. It had nothing to do with Ragan's case—I was before the Magistrate, but was not bound over, ray deposition was not taken—I did not say I was first at the engine-place—I was not contending with the man about who was to have the money, I was thinking about the benefit the public would derive—the money was not paid to him, but to me—he said, "Now mind, I am here first; I rang the bell"—I could not have said "I was first" because I was not—I took the money because Elderton gave it me this morning—it may be a fortnight since I was discharged, I cannot say to a day—it was for an assault on a civilian—I cannot say whether it was a male or a female; it was a male, I believe—I did not examine to see.
MR. BALLANTINE. Q. Was any charge made against you before a Magistrate? A. Yes; I was fined—I had before that given my statement in this case before the Magistrate.
JOHN ELDERTON . I am engine-keeper to the fire-brigade, in School House-lane, Ratcliffe. I know the prisoner by his calling me up to fires—he has called me up to four since last April, for which he would be paid 1s. reward, which he has been paid—he and the policeman called me up on the night of this fire—one said, "I am first;" and the other, "I am first"—they both told me there was a fire—the prisoner's face was clean—there was a gas lamp directly opposite—it was just half-past two o'clock—if his face was black, I should say I must have seen it—I went to examine the fire, and found the premises a light all over—it is a sort of wood which burns very quickly.
Cross-examined. Q. There have been other fires, have there not, to which you were not called by the prisoner? A. Yes; I have paid him 1s. the first hour, and 6d. per hour afterwards, for working engines, besides refreshment—if his face had been very black I must have seen it.
JOHN KNIGHT . I am turncock to the East London Water Works Company. The prisoner called me up to go to Adams's fire—I have nothing to do with paying him, I give information to a person named Edinger, and he pays—during the last twelve months the prisoner has called me up on 1st April; 19th Sept.; 28th Sept.; 17th Feb.; and 7th March—I reported it to Edinger—being anxious to get the water on, I did not notice the prisoner's face this night—I have been called to five fires by the prisoner, and five by other people, but a different man has called me to each of the other fires.
Cross-examined. Q. If the prisoner's face was very black, must you have seen it? A. I did not take notice—I have been, called to other fires by policemen.
PHILIP EDINGER . I am inspector of the East London Water Works Company. In the event of notice being given to the turncock of a fire, it is the custom of the Company to pay a reward of half-a-crown—I enter the rewards in this book—(produced)—I paid the prisoner the reward on 1st April; 19th Sept.; and 28th Sept., 1849; and on 17th Jan., 1850—I paid him nothing previous to those—I have not paid him for this fire.
Cross-examined. Q. Have you paid other people for any other fire? A. Yes; policemen more frequently than civilians—I may have paid the same policeman more than once, I cannot say—it very seldom happens—I do not think I have ever paid Lawes.
EDWARD PEMBLE . I am beadle and engine-keeper of Ratcliff. On 7th March, I was called by a policeman, and went with him to the fire at Mr. Adams's—just as we turned out of Grove-lane into the Horseferry-road, I met the prisoner coming from the fire, and took him into custody, according to my instructions three or four months previously—he has once given me informations of a fire, and I paid him—this is a copy from the report book of fires taking place, it is in my writing; here are entries of fires on 19th Sept.; 28th Sept.; and 17th Dec; I have not got 1st April—I examined the premises where those fires happened.
MR. BALLANTINE proposed to show that the other fires, of which notice was given by the prisoner, were of a similar nature to the one in question, and different from those of which notice was given by other parties; and that the doubt he had originally entertained of his right to do this, was removed by MR. PAYNE having in cross-examination, asked a question with reference to other fires. MR. PAYNE objected to such evidence being given; Mr. Justice ERLE was of opinion
that the mere fact of the prisoner's having given notice of other fires, and claiming the reward, did not permit evidence to be adduced upon which a presumption was to be founded, that he had caused those fires.
Cross-examined. Q. Was it after notice had been given that you met the prisoner? A. Yes; the engine was going along—we met him about fifty yards from the gate of the premises where the fire was—Elderton lives in Broad-street, some distance off—the turncock lives in Dorset-street—the prisoner must have been to the engine-keeper and turncock, and come back—his face was very black—I should say it was soot, and not coal dust—anybody could see it, especially if there was a gas-light—I have never said I should like to transport the prisoner, or told him I should like to get him transported—I never spoke to the man in my life—I have said that if he was the guilty party he deserved to be transported—there have been no fires in our hamlet since he was in custody—Limehouse Church was burned down, and there was a fire at a sugar baker's in Ratcliff-high way, but that is in St. George's—there was one at Stepney Causeway, and another at Shadwell, and another in the Commercial-road, but they were in dwelling-houses, and broke out in bed-roorns.
RICHARD OLIVER , (policeman, K 186). The prisoner was given into my charge on the morning of 7th of March—I took him to the station—I afterwards went with Meedy to the place where the fire had taken place—there is a piece of vacant ground, with small houses on one side, and palings about six feet high on the other, at one corner of which were the premises that were burned down—I got into the vacant ground—I found footsteps about fifteen yards from the premises—there was a quantity of shavings and cinder dust for those fifteen yards upon which a foot would not leave a lasting impression—I traced footmarks from the wooden fence in the Horseferry-branch-road leading to within fifteen yards of the shed that was fired—there were foot-steps as if the person who had gone in that direction had gone back again—I traced those footsteps back again to within a few yards of the paling—I afterwards obtained the prisoner's shoes and took them with me—it was then day-light—they corresponded with the footmarks going in the direction of the place that was fired—I ascertained that by placing the shoes beside the impression in the ground, these are the shoes (produced), they corresponded exactly, to a nail-another constable was with me—after we had compared them with the marks, we put the shoes into the marks—there is a hard piece on the left shoe, and I noticed the mark of that in the impression—the impression was deeper in that part—I measured the length and breadth of the footmarks and they corresponded—I traced the same footmarks coming back—I did not observe the footmarks of any other person in that direction; we looked for that purpose—there were a number of footmarks, but they all appeared to be like them.
Cross-examined. Q. Do you mean to say that there were no footmarks of other shoes in the waste ground at all in that direction? A. I did not particularly notice—I made I think seven or eight impressions—I have not brought any of them here—I took nobody with me on the part of the prisoner to the examination—I first made a mark beside the impression and then put the shoe into the mark to make certain—it appeared as if the person had jumped from the palings—there was a mark about a foot or a foot and a half from the palings, just as a person might jump down from a fence—there is no gate there—there is no fence between the building and the place where the footmarks ceased—there is a gate leading from the building into the Horseferry-road, it leads through the timber-yard; there is no other gate—I know nothing of that locality—I was on duty on my beat, the fire called my atten-tion
—my beat was in North-street, behind Stepney Church—I did not notice the trace of other persons' feet on the vacant ground—I directed my attention to these marks only—I could not swear that there were not marks of many other feet.
MR. BALLANTINE. Q. ou traced the footsteps along from the palings to another point near the fire? A. es; I did not find any other continuous footsteps along that line—if there had been I must have observed them.
WILLIAM MEEDY , (policeman, K 393). I went with Oliver and these shoes to the ground connected with Mr. Adams' building—about ten yards up the fence on the inside, the part nearest Broad-street, there were two indentations of feet within about three quarters of a yard of the paling—they were two deep marks, about a foot apart—I placed the boots in those marks—those marks did not bear the appearance of nails—I placed the shoes beside, and the impression that was made bore an exact resemblance to the first impression—that was the same with both the feet—I afterwards put the boots into the marks, and found them to fit exactly—from those two deep indentations I traced the marks to within fifteen yards of where the fire was—I examined the footmarks all along—there did not appear to be the footmarks of any other person—I traced the same marks back again, the impression of the right boot more particularly—the ground being harder there, and the boot pressing hard on the earth, the nails brightened the earth, and I could distinguish the absence of one nail in the waist of the boot, and five other nails(pointing it out), these marks were clearly shown—I counted the impressions of these five nails distinctly—I only did that with one impression—I noticed a piece of tar, or some substance on the waist of the left boot—I observed marks of that on the first footmarks; the indentations—I also compared the size of the boots and the shape generally—I placed them in, and I found the heels to correspond exactly with the heels of the marks—I did not trace any nails connected with the left boot; I did not look so particularly at that as I did at the right—the other constable kept the boots—we examined them together.
Cross-examined. Q. Were there not other footmarks on that vacant ground? A. Yes, there were other footmarks—we went through Mr. Adams's premises, on to the waste ground, and the first thing we saw was the returning footsteps, we then went to search for the coming footsteps—we began at the Horseferry-branch-road part—we found a deeper impression there than at any other part—I saw footmarks about fifteen yards from the building.
THOMAS WRAKE RATCLIFF . I am acquainted with the premises which were burnt down—they were in the occupation of Mr. Joseph Adams—I am also acquainted with the leaseholders—they are Norman M'Leod and George Henry Stevenson, the executors of the late Mr. Ward.
Cross-examined. Q. What are you? A. An attorney, and vestry-clerk of the parish—I know, of my own knowledge, of Mr. Adams being in possession of the premises—he is rated for them, and pays the rates—I have frequently seen him on the premises—he is not here—I do not know what has become of him—he was not before the Magistrate—the parish prosecute this case—Mr. Adams does not interfere in it, or Mr. M'Leod—I know Mr. Adams's name is Joseph—I have known him many years—I have seen him write his name.
EDWARD PEMBLE re-examined. It was about half-past two or twenty minutes to three o'clock when I met the prisoner coming down Grove-lane—he had not been working at the engine—they had not then commenced.
(There was another indictment against the prisoner, upon which MR. BALLANTINE offered no evidence.)
Before Mr. Justice Maule.
MR. THOMPSON conducted the Prosecution.
FREDERICK WILMSHURST . I am a smith, and live at 4, Robert-street, Commercial-road, Pimlico. On 26th Oct. last the prisoner owed me 7s.—became to me that day about half-past five o'clock, and said he could not pay me what little he owed me, because he could not get change of a person samed Clark, at a public-house—I said, "If you want change, I can get you change at Mrs. Winter's"—he gave me a 5l.-note, which he said he had taken as a deposit on some houses which he had sold at Brixton—I went with him across to Mrs. Winter's, the Rising Sun, and asked if she would change me a 5l.-note—she gave me the change, and the prisoner took up 4l. 15s., and gave me 7s.—I should not know the note again—I gave it into the hands of Mrs. Winter's niece, and she gave it to Mrs. Winter in my presence.
Cross-examined by MR. ROBINSON. Q. Is the niece here? A. I believe not—I understand the prisoner is a sort of journeyman builder, and has built some small houses for himself—I do not know a person named Wormald—the prisoner did not say he had received the note from Wormald, for whom he had been working, and who had bought some houses of him—I do not know that he did sell some houses to Wormald, or that he was working for him—I have no doubt that I gave Mrs. Winter the note the prisoner gave me—I had not had a note in my possession for six months before.
ANN WINTER . I am the wife of John Winter, who keeps the Rising Sun, Commercial-road, Pimlico. On 26th Oct. Wilmhurst brought me a 5l.-note to change—my niece took it from him and handed it to me, and I changed it—I paid it away on the 27th, and it was brought back to me on 2nd Nov., marked "forged"—I kept it till 28th Nov., and then gave it to inspector Cummings.
Cross-examined. Q. I believe you paid it to Mr. Ellis, the collector? A. Yes—I did not give him any other note—I had no other in my possession.
FREDERICK WILMHURST re-examined. On Nov. 2nd, in consequence of what Mrs. Winter told me, I went to the prisoner's house—his wife said he would not be home till Sunday—I went on Sunday, and saw him, and said, "Are you aware that was a bad 5l.-note you gave me?"—he said, "No, but if it is I am going to see the party at eleven o'clock"—he was to meet me at Mrs. Winter's, and he said, "If it is bad I will rectify it; I am going to receive 40l. on the following Thursday from the same party that gave me the 5l.-note, and if it is bad I will give you another, and take that away"—the prisoner did not meet me at Mrs. Winter's, according to his appointment—I saw him on the following Sunday, and he then said he could not find the party.
Cross-examined. Q. He said that the party had gone out of town, did he not? A. He did—he did not mention Wormald as the party—he mentioned no name—the prisoner went with me to Mrs. Winter's on that occasion, but he was intoxicatcd.
FERDINAND ALLEN . I live at 68, Lower Sloane-street, and am employed by my uncle, Mr. Ellis, who is a collector of the Chelsea Water-works Company. On 2nd Nov. I received a 5l.-note from Mrs. Winter—this is it—here is "Winter, 27—10—49," in my writing; that means 27th Oct., 1849—I took the note home, wrote that on the back, and gave it to my uncle.
Cross-examined. Q. Can you undertake to swear that is the note? A. Yes—I wrote this on it two or three minutes after receiving it.
WILLIAM CUMMING (police-inspector, B). On 28th Nov. Mrs. Winter gave me this note—on Saturday evening, 16th Feb., the prisoner was brought to the station drunk—on the Monday morning, when he was brought out of the cell, I said to him, "Marson, where did you find that note?"—he said he did not find it at all, it was given to him in part payment of some work—I asked who he received it from—he said, "I shall explain that before the Magistrate"—I have had this note in my possession ever since.
Cross-examined. Q. Do you know a person named Wormald? A. No; I have not been looking after such a person, and have had no such instructions—I never saw or heard of such a person.
MR. THOMPSON. Q. Have you ever heard anything about such a person? A. I have heard about a person of that name, but I never knew anything about him.
Cross-examined. Q. Very likely to deceive any person? A. Quite so.
MR. ROBINSON called
MRS. KING. I keep a public-house. I know the risoner—I knew a person named Wormald, by coming to the house—the prisoner was doing some work for him at some houses at Brixton—I have not seen Wormald since 16th June—the prisoner had some men under him at work, and he was answerable for their money—I have never seen Wormald pay him money—I do not know where Wormald is—I had no reason to doubt the prisoner's character.
Cross-examined by MR. THOMPSON. Q. When did you first know Wormald? A. I only knew him from coming to the house with the prisoner, and transacting business there with him—I did not know anything of the prisoner before May or April—I have not seen him since 16th June—I lost sight of him and Wormald together—my acquaintance with both commenced at the same time—I knew nothing of their transactions but what I heard from themselves—the prisoner does not owe me anything on account of the men's money—a check was brought to me to take the amount off—it was a check drawn by the prisoner, I believe, on Edward Wormald—I could not change it, and it was changed by Mr. Jones, of the King's Head.
MR. ROBINSON. Q. Is that the check you allude to?(produced by the inspector). A. Yes; it was presented to me by Rudd, a man whom the prisoner was answerable for.
HENRY COTTON . I am a clerk in the London and Westminster Bank This check is drawn by a person named Wormald—he had a few shillings in our house at the time this check was drawn—at the time it was presented he had nothing—we had withdrawn the few shillings for commission—I have never seen him since.
Cross-examined. Q. When did he first open an account with you? A. In March, and it was closed in June—there was no deposit after April.
NOT GUILTY .
Before Mr. Justice Erle.
(MR. ROBINSON offered no evidence.)
NOT GUILTY .
Before Mr. Justice Maule.
MR. CLARKSON conducted the Prosecution.
GEORGE MORRICE . I keep the Windsor Castle public-house, Regent's-place, City-road, opposite Pick ford's-wharf. I have known the prisoner some two months, as an unfortunate woman, associating with the boatmen—on 1st April I was obliged to call a policeman, about the middle of the day, through her violent, riotous conduct, and desired her not to come to the house again—on the next day but one, Wednesday, between ten and eleven o'clock, I received a communication from my wife, and went into the tap-room, and found the prisoner standing with her back to the fire, with her hands down by her side within her clothes—I laid hold of her right elbow—I did not use the least violence—I asked her to walk out—I fancied there was something in her hand to do me an injury, it prevented her arm being at liberty—I walked away to fetch a policeman, but did not say so to her—she followed me, and hit me over the head with some metal instrument—it stunned me—I put my hand to my head, and my fingers were covered with blood, it was running down my neck and my coat—a policeman was sent for—my potman, James Rhodes, left me that evening, before the prisoner came—I sent for a doctor—he is not here—I kept my bed for two days, and am not well yet.
Prisoner. You dragged me on the floor, and somebody came and said they would put me on the fire. Witness. I only touched your elbow.
CHARLES THOMAS . I am a schoolmaster of Tonbridge-street, New-road. I went to the Windsor Castle public-house, between ten and eleven o'clock to get out of the rain—the prisoner came into the tap-room—Mrs. Morrice came and desired her, in a quiet, kind way, to go out, she did not provoke her—the prisoner refused to go—Mr. Morrice went out, and in a minute or two came back, put his hand on her shoulder, and told her to go out—she would not—he turned round as if to go for something, and she struck him with the poker—the blood ran down his coat—I did not see her take up the poker—I should say she took it up when Mrs. Morrice went out—she was sober.
JAMES RHODES . I live at the George, Fenchurch-street. I was Mr. Morrice's potman up to last Wednesday week—about half-past nine o'clock that evening, as I was leaving, I saw the prisoner coming out of one of the boxes in the front garden—I asked her where she was going—she said she was going inside the house—I said, "Don't go in, because master has forbidden you the house several times"—she said, "I will, and if your master dares to put me out I will split his head open."
Prisoner. Q. Did you not tell me I was a d—d fool if I did not go in? A. No.
HENRY WARR (policeman, N 442). I took the prisoner, and took this poker (produced) from the fender—I asked her what it was done with, and she said with the poker, and she had split him over the head with it, and also that she hit him a crack over the head.
Prisoner's Defence. Rhodes pulled me into the house, and I stood by the fire; Mr. Morrice caught hold of me in a very violent manner; I said, "No; tell me to go out quietly, and I will go out;" a man said, "I will put her
on the fire; "Morrice pulled me down, and was going to drag me on the floor; I had nothing to defend myself with but what was in the fireplace.
GUILTY of an Assault. Aged 20.— Confined Six Months.
Before Mr. Justice Erle.
MR. PLATT conducted the Prosecution.
WILLIAM SPRATT (policeman, D 213). On 7th March, about twenty minutes to one o'clock, I was on duty in James-street, Oxford-street—a boy told me something—I went into the passage of a house, and saw Elizabeth Stretch and another woman coming out—I asked her what was the matter with her—she said her husband had been beating her—I stood outside about ten minutes, and she came running out, and said, "Oh dear! oh dear! he has done for me now"—I asked her what was the matter—she said, "My husband has stabbed me"—I went up-stairs, and saw blood right up the staircase—Mrs. Murphy pointed out the prisoner—I told him to consider himself in custody for stabbing his wife—he said, "I did it through jealousy"—he appeared to have been drinking—he was not tipsy—he could walk, but seemed much excited—he was taken to the station—I took his wife to the hospital—the prisoner asked me at the station, about nine o'clock, if I knew how his wife was—1 said I did not—he said he would murder himself at the first opportunity—the wife appeared to have been drinking—she could walk and talk very easily, but she got very weak with the loss of blood.
ELEANOR MURPHY . I am the wife of Patrick Murphy, of 16, James-street I know the prisoner and his wife—she was in the habit of drinking dreadfully—on 6th March, at two o'clock in the afternoon, they came to my house and we went out for a walk—Mrs. Stretch absented herself from the company, but rejoined us at home after eleven at night—her husband had gone home with me and another female—my husband absented himself from the company also—the prisoner was very tipsy—she and her husband had words together—I saw no blow, but I saw her bonnet and cap torn—she went out, and the door was locked to prevent her coming in again, she was so abusive—she was anxious to regain her cap—the prisoner was not abusive, but he was very excited—I ordered the door to be opened—the prosecutrix rushed in—the prisoner was then by the window, in my husband's arms—he was holding him, and examining his shoulder—the prisoner did not go towards her—she spoke to him, and continued abusing him—she was by the cupboard, about a yard and a half from where the prisoner stood—ray husband was holding him then—she said, "Oh!"—I said, "What is the matter with Elizabeth?"—she said, "I am stabbed"—I saw nothing in the prisoner's hand—I saw blood on the floor, but not till she had run across the floor—the prisoner had no knife to my knowledge before she came into the room—he said he would cut his own throat—I saw his hand up to his neck when he was on the floor, and my husband had got hold of him—I took a knife from his hand then, but that was before the woman got into the room—I did not see the knife again till I saw it on the drawers after she ran out, close by where she stood up—there was blood on it—my husband put it into the drawer, and I gave it to the policeman—my husband never loosed the prisoner till the policeman took him.
Prisoner. You were not in the room; you have perjured yourself; you are not a married woman. Witness. I was in he room—I am not married.
out to me, and I took out this knife—the floor and staircase were soaked with blood, and there was a pool of blood in the street, close by the door—on the road to the station, the prisoner said he had seen the devil in the room dressed in a suit of black, and his hair heaved his bat off his head, and it was through jealousy of his cousin, alluding to the last witness's husband, that he was sorry he did not put it into her heart instead of her thigh, for what good was it leaving her, for she sent the parish officers after him—at the station he said, if God did not send for him, he would go and see him—he said he would go into the other world, and on several occasions he said he would destroy himself—he appeared mad through drink and excitement—he cried and tore his hair.
ELIZABETH STRETCH . I live in Little White Lion-street, Seven-dials, and am the prisoner's wife; we were married on 11th June. On the evening in question, we went to Murphy's—we all went out together—I separated from the party, and went to a public-house by myself—I remained there to the best of my belief two hours—I do not recollect having anything to drink till I came back—I then drank with a policeman; he treated me with a pint of porter—I had been drinking all the afternoon, we had been drinking three days—when I got back to Murphy's, it was eleven o'clock at night—my husband was there—I abused him very much indeed—I do not think he struck me, but in the scuffle my bonnet and cap were torn—the door was shut, and I was outside—I insisted on going in—I turned the handle, forced the door in, and got into the room—I do not recollect anything happening at all, but I went towaids the cupboard—I was very violent—my husband did not do anything to me—he was standing at the window, just as far from me as that lamp (about three yards)—he never crossed the room—I told the policeman there was nothing the matter with me, and the doctor the same, but I had been drinking very freely—I did receive a slight wound—I told the doctor it was nothing at all, I was not frightened at a little drop of blood—I received the wound in the room agin the cupboard-door—my husband was in the room, and Mrs. Murphy and her husband, and a little baby—on my oath I do not know how I got the wound—I recollect having the knife cutting some beef-steaks—the wound was in the thigh, and a very slight wound it was—I was in the hospital a fortnight all but a day, but it was not the wound caused me to stop there, but I had not got my clothes, they were gone to be washed—they only put a little bit of sticking-plaister on the wound—I asked the doctor to allow me to go home, and he would not.
THOMAS AUSTIN O'FLAHERTY . I am a physician and surgeon, of James-street, Oxford-street. I found a policeman supporting the prosecutrix at my surgery-door—she appeared in a very exhausted state from loss of blood—blood was flowing from under her clothes—she was very violent, and said she would not allow me to examine at first—I afterwards examined, and found an incised wound, about three-quarters of an inch long, and two inches below the left groin, about a quarter of an inch deep, nearly upon the femoral artery—it was not particularly dangerous—this knife would have inflicted it—her under-clothing was saturated with blood.
Prisoner's Defence. After I had been married four weeks, I found my wife was an inveterate drunkard; she once took up a carving-knife to stab her brother-in-law, but was prevented; she has made away with all my furniture and clothes, and has been charged sixteen times at Marlborough-street; of her incontinence, my bad health will testify; she said a man named Murphy wished her to leave me and live with him; I did not know there was a knife in the room till I was charged; I confess I gave her two or three blows that night, for which I afterwards asked her forgiveness; for a considerable
time I have had doubts of her sanity; she once threw herself out of a cart, and the wheel of an omnibus injured her head, and twice she tried to throw herself over Westminster-bridge; her late husband destroyed himself, her bad conduct preying on his mind. (The prisoner received a good character.)
GUILTY of an Assault. Aged 27.—Recommended to mercy by the Jury on
account of the provocation he received.— Confined Three Month
NEW COURT.—Thursday, April 11th, 1850.
PRESENT—Mr. RECORDER; Mr. Ald. W. HUNTER; Mr. Ald. MOON; and
Mr. Ald. FINNIS.
Before Mr. Recorder, and the Sixth Jury.
745. In the case of EMMA SANDERSON , charged with the wilful murder of her infant child , upon the evidence of Mr. M'Murdo, surgeon of New-gate, Mr. George John Amsden, and Mr. Jubez Clark, surgeons, the Jury found that she was of unsound mind, and incapable of pleading to the indictment. Aged 30.
Ordered to be detained during Her Majesty's pleasure.
746. JOSEPH WRANGLE , embezzling 5 pence, 5 pence, 2 shillings, and 3 shillings; also, 14 shillings, 2 shillings, and 1l.; also, 30 shillings; the moneys of John Samuel Hunt and others, his masters: to which he pleaded
GUILTY. Aged 41.—Recommended to mercy by the Prosecutor, his former character in their service for thirteen years having been good. — Confined Six Months
MR. BIRNIE conducted the Prosecution.
THOMAS GARDNER . I am a box-maker, and live at 5, Little Friday-street. On 13th March I returned from dinner to my warehouse between three and four o'clock—I took my coat off, and laid it on the left side of my desk—I went to my business, and did not go to my coat again till past eight—it was then gone—I had a pocket-book in it, which contained a 10l. bank-note; the number of it was 24846—I traced it to where it was taken from—I had received it about two, at my house in Friday-street, from a man named Thompson—I ascertained the number of it after I bad lost the coat.
GEORGE STROUD . I am porter to Mr. Gardner. On 13th March, between three and four o'clock, Mr. Gardiner came and brought his coat, and laid it on the desk—the prisoner Feary came there about eight, and asked if his brother had done work—I said no, he would not be done for another hour—he stopped about five minutes and then left—I had seen the coat safe about eight, and missed it about twenty-five minutes after Feary had gone—that was about half-past eight—I did not see the other three prisoners—no one else came in.
JOHN WILLIAMS . I am a butcher, and live at 8, Chapel-street. On 13th March I saw all the four prisoners at half-past eight or a quarter before nine o'clock in a house in King's Head-court, Shoreditch—Wilson brought in a coat—he took a pocket-book from the pocket of it—Webb took the pocket-book from him, and took some cards from it—Webb and Graston then had a little conversation—they laid the cards on the table, and I heard Webb tell Graston that he had found amongst the cards a 10l.-note—Webb
and Graston then went out—I do not know what became of the pocket-book—it was left in the kitchen—I went to the station and gave information—I afterwards assisted the officers to take Webb and Graston into custody.
Webb. Q. Had I been out when I said I had found a 10l.-note? A. No, you went afterwards—I saw some paper in your hand—yon laid the cards on the table—you were in-doors when Feary and Wilson came in—you were going to have tea, but you did not have it—there were several other persons there.
AMELIA BUCK . I was in the kitchen of that house, and Wilson gave me a pocket-book, and told me to take care of it for him—I was busy, and laid it by the side of me—I was called into the front, and left the pocket-book on the table—when I returned it was gone.
Webb. Q. Had you not handed me my tea before that? A. Yes, you had had your tea.
ROBERT BADCOCK (City-policeman, 641). On the morning of 14th March, about half-past two o'clock, or a quarter to three, I saw the prisoners Webb and Grason in Bishopsgate-street, loitering about—I watched them—they went to No. 2, Montague-court, Bishopsgate-without—I sent to obtain assistance, and while I was standing at the door I heard Webb say, "I nailed the coat"—a quarrel then took place between the parties (there were a great number in the house) about the division of the money, and I heard Webb say "I have but 8l. left after what we spent, and you had your whack out of that"—some assistance then came, and we went into the house and apprehended Webb and Graston—they were taken to the H division station in Spital-square—Wilson there made a statement concerning the robbery, which was taken down by the sergeant—I then persevered in tracing the note—we were induced to believe that it was sold at the Blue Anchor, in Petticoat-lane, kept by Barnard Isaacs.
Webb. Q. Where were you when you heard me say I had only 8l. left? A. I was standing outside the house.
JOSEPH PRICE (police-sergeant, H 15). After the charge was made against the four prisoners, when they were about to be removed, Wilson said, "I wish to state something to you"—I said, "Understand the charge that is sow made against you; whatever you state now to me, I shall take down; it will be read before the Magistrate, and will be made use of against you"—I took it down; this is it—(reads—" About seven o'clock in the evening, on the 13th, the boy, a sailor, came to the lodging-house, No. 2, King's Head-court, and asked me to go with him to his brother, and when we went to the shop, I remained at the corner of the street; he stood on the steps inside the door; he asked if his brother had left off work, and some person said, 'No;' he then came shortly afterwards out, and ran towards me with a coat, and told me to take it home, which I did; Webb asked me what I had got, and took the coat from me; I took a pocket-book out of the pocket, and Webb snatched it out of my hand, and said, 'What have you there?' and he took some cards out; I saw a piece of paper in the middle of the cards, and he whispered to Graston, and said it was a 10l.-note; they went out, and we followed them, that is, I and Feary, to a public-house in Petticoat-lane; I should know the man and the room they went into together; they shortly came out, and told us not to follow them, that they had received a deposit, and promised us 10s. each in the morning"—in consequence of this, I went with a city officer to Isaacs' house, the Blue Anchor, in Petticoat-lane—I waited till the door was opened by Isaacs himself—I went up to him, and said, "Mr. Isaacs, did you change a 10l.-note last evening?"—he said,
"No, I did not"—I said, "Have you a 10l.-note in your possession?"—he said, "No, I have not"—I said, "Have you a 10l.-note in the house?"—he said, "No, I have not"—I said, "Have you any paper money in the house?"—he said, "No, allow me to go and speak to my wife"—I said, "No, I cannot"—I then sent for Wilson, and he pointed to Isaacs, and said, "That is the person who went with Webb and Graston to the parlour"—I asked which parlour, as there are two, and he showed me the public parlour, from which there is a door to another court—Isaacs was taken, but was discharged, the note has never been traced to him—it was paid to a Mr. Stevens, a publican, in the Curtain-road, and afterwards to the Bank.
COURT. Q. Is this Blue Anchor in London? A. Yes; Isaacs' brother had kept it, and his license was suspended, and then Isaacs got into the house after it was licensed.
THOMAS STEVENS . I keep the Horse and Groom, in the Curtain-road. On 13th March, I received a 10l.-note—I did not take the number—I paid it to Mr. Sheffield, in Spitalfield's-market—I received it from a customer at the bar, who gave the name of Smith—it was not one of the prisoners—I had not known the person before—he gave the name of "Smith," but his name about the country is Joe I understand—this is the note—I wrote on it, "Smith, Davis's friend"—Davis is a horse-dealer in the neighbourhood, and he was seen in my house with Smith sometimes.
RICHARD ADYE BAILEY . I am a clerk in the accountant's office in the Bank of England. This 10l.-note, No. 24846, dated 4th Feb., 1850, was paid into the Bank on 16th March by the Union Bank, in a total of 2820l.
CHARLES BECK ROBINSON . I am cashier in the Union Bank, Princes-street. I received a note of this number on 15th March, in part of a bill—it was paid into the Bank the next day—the name on the bill was Mr. Sheffield, of Spitalfields.
THOMAS GARDNER re-examined. This is the note I received; it was in my pocket-book in my coat-pocket—I know it by some writing on the corner of it, and this is the way in which I folded it up, and put it into my pocket-book—I am sure it is the note.
WILLIAM HALL (City-policeman, 668). A little before three o'clock in the morning, on 14th March, I assisted in taking Webb and Graston, in Montague-court—I found on Webb three sovereigns, twenty-seven shillings, 10d. in silver, and 10d. in copper.
DANIEL SQUIBB . I live at 4, King's Head-court, Shoreditch; the prisoner Webb lodged there, at my mother-in-law's house. On 13th March, about seven o'clock in the evening, I saw all the four prisoners there—Wilson came in with a coat under his arm, and after he had been in about five minutes he began feeling about the pockets of the coat—I went out, and returned in about five minutes, and Wilson and Feary were disputing with each other, saying that Webb had taken from them a 10l.-note, and Webb and Graston had gone out—a young man, a lodger, named Darby, stepped up to me, and said, "If you like to step out with me, I think I can find them"—we went, and looked in several public-houses, till we came to the Fleurde-lis, in Magpie-alley—Webb and Graston were in there—we waited, and they came out—Wilson and Feary came up, and they were together three or four hours—I followed them to Mr. Isaacs', in Petticoat-lane—Webb and Graston went in first—they passed through the bar into the parlour—I and the young man with me followed them—Webb called for a pot of porter, and he took up some cards, and began playing at all-fours—Wilson and Feary then came in—Wilson called Mr. Isaacs, and whispered to him—directly after
he had done whispering, Mr. Isaacs came to Webb, and said the two boys (Feary and Wilson) had been telling him all about it, and that he (Webb) had better give the boys something, for they were beginning to turn nasty—Webb made answer, and said, "It was a bad note, no good"—Mr. Isaacs then called Webb into the private parlour, and they were in there alone about four minutes—when they came out, Mr. Isaacs said he would not have them in his lace—he said he would not be taken out of his place for 50l.—he forced them all to go out of his house—we got up, and went out after them, and followed them to a beer-shop in Whitechapel-road—they all four stopped there about half an hour—they came out, and went down Whitechapel and Leadenhall-street, to Bishopsgate-street—Webb and Garston then ran down Sun-street and Long-alley, and by their running they lost the two boys—the next house I saw them go in, was a public-house, at the top of Holy well-lane, there they had a pot of porter—they came out, and went to the London Apprentice, where they had a pot of porter, and two or three quarterns of gin—they came out, and went to a public-house in Church-street, Shoreditch—they had half-a-pint of gin there, and they were forced to come out, as the house closed—they then went to the Sun, and came out of there with two prostitutes, and went up a court in Bishopsgate-street that I do not know the same of, to a brothel, and there they were taken into custody.
Wilson. Q. Did I partake of any of the beer? A. No—you told them if it were a bad note you would take it back; and you made use of this expression, that if you did not have 10s. out of it, that Was not much, you would rather get lagged.
Feary. This witness Went in every house with them, and drank with them; and he said he would break my b——y neck if I did not go back from following him. Witness. No I did not.
Webb. Q. Where were you when we were taken? A. Standing in the passage of the brothel—I did not hear you say anything to Graston about the money or the coat.
COURT. Q. But you heard him say that the note was a bad one? A. Yes, he did, in Mr. Isaacs' house, but he denied several times to the boys, before he got there, that he had any note—he said he had no note.
Graston. Q. Did you hear Webb tell me that he had only 8l. left? A. No—I heard Wilson and Feary arguing about a note—I had heard you were going to leave my mother-in-law, and you owed her nearly 10s.—she told me to watch you, that she might get her money.
THOMAS STEVENS re-examined. Q. Can you tell when you received this note? A. It was of a respectable-looking man, about nine o'clock in the evening—my bar-maid said that she had seen him in the house twice before, with Mr. Davis.
JAMES CROSS . I am a horse-dealer, and live in Plough-yard, Shoreditch. I know a person named Davis; I work for him—I was in Mr. Stevens's parlour on 13th March—I did not see the note paid to Mr. Stevens, but I have seen the person who gave the note, in our yard—Mr. Stevens said he had received a 10l.-note of him, and asked me if I knew him—I said I had seen him, I bought two horses of him—I do not know whether his name is Smith.
WILLIAM ARGENT (policeman, 126 H.) I went to King's Head-court, Shoreditch—I apprehended Wilson there—I told him he was charged with stealing a coat, a pocket-book, and a 10l.-note—he said I was mistaken, there were more boys in the house—I afterwards took Feary, and told him he was charged with stealing a coat, a pocket-book, and a 10l.-note—he said he saw the coat, but he did not take it.
Feary's Defence. I was standing inside the door, and when I came out the coat was gone; I saw the persons with it; I followed them, and said I would give them in charge.
Wilson's Defence. I was sitting in the lodging-house, and Feary came and asked me to take a walk; I said I did not mind; I went, and he told me to wait at the corner of a street for him; he went up the steps of the shop; waited for him; he asked if his brother had left off work; a young man said he had not; Feary then ran to me with the coat, and told me to take it home, and he would be back in half an hour; I went to the lodging-house; I put my hand in the pocket of it, and pulled out a pocket-book; Webb came, and said, "What have you got?" I said, "A pocket-book;" he opened it, and took a paper from between some cards; he went to Graston, and said, "I have a 10l.-note;" I did not know what to do till Feary came in, and I told him; I did not know when he gave me the coat that it was stolen, or where he got it from; when Feary came in I told him about the 10l.-note; Webb and Graston went out, and we followed them, and looked in several public-houses, till we found them in a public-house in Magpie-alley; I asked them for the note, and said if they would give it me I would take it back to the owner; they said it was bad; we still followed them, and Squib and his companion said, "Go back, we want to follow them ourselves;" Feary said he wanted the note to take it back, as it would get his brother into disgrace; we followed them to the Blue Anchor, and saw them go into a parlour; we sat down on the forms outside, and a little while after we asked Mr. Isaacs if we might go inside the parlour; he said "Yes," and asked what was the matter; I told him that Webb had taken a 10l.-note from me in the lodging house, and I wanted the 10l.-note and the coat, and I intended to give them into custody; Isaacs said, "You should not do that, you should not turn round on your mates;" I said he was no mate of mine; then Isaacs turned them out; they went to a public-house in Whitechapel, and then we followed them down to Bishopsgate-street; they ran away, or I meant to give them into custody; I gave the pocket-book to Mrs. Buck to take care of.
Webb's Defence. I deny having the note, I never saw it.
Graston's Defence I was sitting there having my tea; we then went out together, and were at different places till we were taken on a charge of having the note; I was searched at the station.
FEARY— GUILTY . Aged 16.— Confined Six Months.
WILSON— GUILTY . Aged 17.— Confined Six Months.
WEBB— GUILTY . Aged 29.— Transported for Seven Years.
GRASTON— GUILTY. Aged 26.—Recommended to mercy by the
Jury.— Confined Six Months
MR. PLATT conducted the Prosecution.
THOMAS WITHERS (policeman, N 21l.) On Tuesday, 19th March, I saw Ellis go to a marine store shop, in Suffolk-street, Pentonville—he said to Mrs. Smith, in the shop, "Do you buy lead?"—she said, "Yes"—he then unwrapped this lead, which had a cloth round it, and was going to put it in the scale—I laid my hand on his shoulder, and said, "You have stolen that"—he said, "No, my mate has sent me in with it"—I took him to the door, and a man was opposite, who I believe was Cooper—I had seen him before—
Ellis said, "There he is over the way," and the man ran away immediately—I believe he heard what Ellis said—I called out to another officer to stop him—this is the lead, it is old pipe.
Cross-examined by MR. O'BRIEN. Q. Were you to the shop when Ellis said this? A. I was on the step of the door—there was no one in the shop but Mrs. Smith and Ellis.
Cooper. I want to know how he can positively swear to me. Witness. I do not exactly swear to him—I believe him to be the man—he was about six yards off—there was a light from a beer-shop, and the gas-light—it was about a quarter-past nine o'clock at night.
GEORGE COLLINS (policeman, N 59.) A person being pointed out to me by Withers, was running, and he was the only person near there—no other person was on that side the toad far fifteen or sixteen houses—I ran after him, and called "Stop thief!" but I waa prevented from taking him by my being knocked down by three men—I am positive Cooper is the person who was running—when I was knocked down he, was under a gas-light, and he turned, and I had a good look at him—I knew him before—I found him in custody the next morning, and he said before the Magistrate that he was in bed a quarter before nine o'clock that night.
Cooper. Q. Where were you? A. On the same side that you was, about half a dozen yards behind you—you began running before I did—you were dose to me when I was knocked down—I am positive you are the man.
THOMAS WELHAM . I am a carpenter and builder, at Highbury. I was at work at Mr. Vorley's yard, in Sermon-lane, Islington—there is a shed in the yard, and there is a pomp in that shed—the prisoners were in my employ shere for about a week, as labourers—on the 18th and 19th they were digging up a post close to the pump—they could not do the work I set than to do without exposing the pipe—this is the lead pipe—I have brought a piece from the pump that will match it—Ellis was discharged, and Cooper left work that evening, but be came to work next morning—I thought there was something wrong, and I desired Cooper to dig up the ground—he came and dug readily on the spot where the pipe had been, and he said the pipe waa gone; and it was gone—it had been divided with a saw—I got an officer, and gave Cooper into custody—he said he knew nothing about it, but Ellis might have taken it away without his knowledge, as he began work before him—this pipe is worth 4s.
Cross-examined. Q. Who employs you? A. Mr. William Vorley, the proprietor of the premises—I had several other men at work there, but not at the same spot exactly—the earth had not been removed till I set them to dig—I had observed the state of the ground before I set Cooper to re-dig the next day—there were only Ellis and Cooper digging the earth from the post—all the men left at six o'clock on the Tuesday—I saw them leave, and paid them.
COURT. Q. Was there anything to prevent any one getting in between six and nine o'clock? A. No, but we knew that the lead was gone before that, because we tried it at four o'clock on the Tuesday, and could not get water—I thought the well must be empty—I saw part of the pipe there the day before—it was not all buried.
ELIZA DAVIS . I live at 6, James'-gardens, Pentonville. On Tuesday night I saw the two prisoners there together—Cooper's wife was with them—they all went out together at nine o'clock—that is about a quarter of a mile from the marine-store dealer's.
Cross-examined. Q. Was where you saw Ellis at his own house? A. Yes.
Cooper. Q. Did not the officer come and take you to a public-house and
give you some liquor, to get you to come to take this oath? A. No; he never gave me anything—there was another man who left the house a few minutes after you did—I inquired the time, and it was nine o'clock.
COURT. Q. Did you stop till the other man went?A. Yes; I was lodging there with Ellis and his wife.
(The prisoners received good characters.)
ELLIS— GUILTY . Aged 23.
COOPER— GUILTY . Aged 25.
Confined Six Months.
MR. CAARTEEN conducted the Prosecution.
GEORGE MADDOX (Thames police-inspector). On 26th March, about six o'clock in the morning, I was at Ratcliff-cross—I saw a barge there, on the Thames, between two ships—it was laden with coals—I saw the prisoner and another man there—the prisoner was in the barge, which is called the Firm—he was filling the coals into a basket—he had a boat hanging astern of the barge—I was in a police-boat, but I went on board a ship—I sent a constable to the prisoner—I did not go down to him, I was right over him—I examined his boat—there were 350lbs. of coals in it—I did not see what became of the coals which went into his basket—he was taken into custody in the barge Firm—I saw him fill the basket once.
Cross-examined by MR. PAYNE. Q. How near was the barge to the ship? A. Under the ship's stern, not above ten or twelve feet from it—the coals in the boat were partly wet, but those in the basket were dry—I asked the prisoner how be could account for the coals in the boat—he said, "Work it bad; I am sorry for it."
HENRY PHILIP DAVIES . I am a coal-merchant. I am the owner of the barge Firm—it was laden with coals, which were mine—it was lying in the Pool—I did not see the coals—I do not know that I have seen the barge for some years—I have the ship's certificate of the coals—my barge is No. 1,082—my name was on it.
RICHARD WHITE (Thames-police-inspector). I produce a certificate of the prisoner's former conviction in this Court—(read—Convicted Sep., 1839, for stealing a chest, and 100lbs, of tea, and transported for ten years)—the prisoner is the man—I do not know whether he went away; I have known him to be at home about two years, I think.
GUILTY . Aged 30.— Confined One Year.
MR. CAARTEEN conducted the Prosecution.
GEORGE MADDOX (Thames-police-inspector). On the morning of 26th March, I saw this prisoner also in the barge Firm—he was filling a basket with coals, and be had a boat lying astern—I saw the boat afterwards, there were 2801bs. of coals in it.
GUILTY.* Aged 30.—Recommended to mercy by the Prosecutor. —Confined
THOMAS DE ALLEX . The prisoner's sister was in my service, and the prisoner was frequently in my house—her sister left me, and the prisoner became my servant on 9th July—I lost the irons and other articles stated—I have found them since, through the duplicates which were found in her box two days after she was taken by the policeman—she had been for a long time constantly tipsy, but on the day I gave her into custody, she was very bad indeed—these are my articles; they were taken from my house.
EDWARD KING . I am a pawnbroker. I produce irons, pillows, bolsters, and other things, pawned at different times since the 4th of July last—this tea-pot I myself took in of the prisoner on the 21st of Dec.
THOMAS DE ALLEX re-examined. Forty-four of the duplicates out of the forty-seven, refer to my property—this teapot is mine, and the other things also—I told the prisoner I would not forgive her if she went on getting so tipsy—she promised she would not, but I found her still worse—she had not her board with me, she had a room to sleep in.
Prisoner's Defence. I had no other view but of returning the property; I did not take them with the intention of stealing them.
GUILTY . Aged 42.— Confined One Year.
(There were two other indictments against the prisoner.)
ELIZABETH SLAUGHTER . I am the wife of Henry Slaughter, and live at 36, Clipston-street. The prisoner was in my employ for a few days—this ring it mine—I kept it in a box, in a drawer on the first floor at No. 4, Alfred-street where I then resided—I did not miss the ring til! the officer brought it—I then spoke to the prisoner about it, and she said she found it in the yard with some shavings.
JOSEPH COLLEY . I am a constable of the Mendicity Society. On 18th March I took the prisoner's father in Oxford-street with this ring. I went and asked Mrs. Slaughter if she had a servant—she said, Yes, and pointed out the prisoner—I said to her, "Did you have the ring?"—she hesitated some time, and then said she found itin the yard in some shaving—I asked her why she did not tell her mistress—she said she intended to keep it to see if there was a reward offered for it, as she found two or three once before, and had some reward for them—she owned before the Magistrate that she gave it to her father—her father was sent before the Magistrate but discharged.
Prisoner. I found it in the yard; there were a great many workmen in the house; I picked it up on the Saturday; I went to my father and asked him to take care of it.
COURT to MRS. SLAUGHTER. Q. Had you or your husband made any use of this ring in the prisoner's presence? A. No; it was in a little ring-box in a table-drawer, and that drawer was emptied to remove, and the contents put in the table drawer in the kitchen, to which the prisoner had access.
GUILTY . Aged 17.— Confined Six Moths.
GUILTY . Aged 12.— Confined Three Months and Whipped.
GUILTY . Aged 21.— Confined Six Months.
THIRD COURT.—Thursday, April 11th, 1850.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. FINNIS; Mr. Ald. CARDEN;
and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
GUILTY . Aged 28.— Confined One Month.
NOT GUILTY .
BOXALL pleaded GUILTY . Aged 18.—
Recommended to mercy by the Prosecutors.— Confined Two Months
MR. WOOLLETT conducted the Prosecution.
ARTHUR M'NAMARA . I am a contractor and carrier in the fishing business, at Castle-street, Finsbury, and Thames-street. The fish from Yarmouth arrive by the train—it was the prisoners' duty on the arrival of the train to see that the number of packages is correct, collect them from the railway trucks, and see them into my van.
Cross-examined by MR. CLARKSON. Q. Has Foster been a foreman of yours? A. Yes; and he has been entrusted with large sums of money to take to the bankers'—his conduct always gave me satisfaction—he left me to go to the Eastern Counties Railway—the fish frequently get out of the baskets—there are holes in the eel boxes—the boys sometimes pull them out—if Foster is acquitted I could not take him into my employ again—it was his duty to take up any fish that got loose.
CHARLES WORDELL . I am a constable in the Eastern Counties Railway Company's service. On Friday morning, 5th April, about a quarter-past four o'clock, in consequence of instructions I watched the prisoners—I watched the arrival of the fish train at the Shored itch station, and saw the two prisoners get into a sheep-truck which contained a box of eels—there were two barrels of herrings on the box—they rolled them out, and began taking the eels out—I saw Foster take soles out of the pads, and put them in the top of the truck where they were afterwards found—at that moment they were alarmed, and I jumped on to the platform and arrested Boxall with fish on him—Foster had then gone away with a basket of fish on his back towards the van, end when he came back another constable took him—I found seven pairs of soles and 1 1/2lb. eels removed.
Cross-examined. Q. Were there some boys about at the time? A. Yes; the boxes and pads are not open; they are not locked, but there is a chain and staple to the eel boxes—I did not see any of the boys lay hold of the eels—I took Boxall to the station, and found two soles in his waistcoat—he
made a statement in my presence, and then I came back and Foster Was taken into custody by a constable who heard the statement—no soles or eels were found on him.
RICHARD ODDY . I am a constable in the Eastern Counties Railway Cornpany's service. On the morning of 5th April, I was in company with the last witness, looking after the prisoners—I saw them enter the truck, and roll two or three barrels of herrings out on to the platform—they then opened the eel box, and took the eels out—I saw Foster take some soles out of the pads, and place them on the shelves above—pads are fish baskets—I got out of the first-class carriage we were watching them from, I went to the other side of the plat-form, and had the gate secured, and as I came back, Mr. Curtis jumped out of the carriage and disturbed the lot—I took Foster into custody—he said nothing.
MR. M'NAMARA re-examined. I have understood the pads were very closely packed—I do not think the strings were cut—the fish might have got out.
FOSTER— NOT GUILTY .
758. WILLIAM HARDING and THOMAS HARDING , unlawfully assaulting Edward Ross, an officer, in the execution of his duty, with intent to prevent the lawful apprehension of the said Thomas Harding.—2nd COUNT, assaulting James Haddon Blong.
MR. BODKIN conducted the Prosecution.
EDWARD ROSS (policeman, G 29). On 12th March, about four o'clock in the morning, I was on duty in Bunhill-row. The two prisoners were knocking at the door of the Blue Anchor, loud enough to disturb the inmates—the house was shut, and there was no appearance of any light—they continued knocking some time—I went and asked them to go away quietly—they told me to go to b—y—they continued making a noise, and singing as loud as they could—I asked them to be quiet, and they told me again to go to b—y—they continued a noise sufficient to alarm the neighbourhood, and they went on at me down Chequer-alley, and there they both fell down through liquor—I assisted to pick up Thomas, and while doing so, William said, "Keep your bands off, you b——, or else I will give you something"—they then placed themselves against the wall, and commenced singing as loud as they could, and said, "There, you b——, we put you at defiance to touch us"—I then took Thomas into custody—William then ran at me, and kicked me in the groin, saying. "Thomas, I will stick to you as long as I have a drop of blood in me"—they both then seized me by the collar—I got away and sprang my rattle—William said, "You may call, you b—"—I went down the alley, drew my staff, and be ran at me, and as he ran I hit him on the arm—he then got both arms around my waist, and said, "Stick to him, Tom," and Thomas caught me round the neck by the collar, and we all fell together—while we were down, Thomas beat me with his fists, took my rattle away, and threw it up the alley—I cannot say how long it was they kept assaulting me—assistance came at last, and they were taken into custody—I have been attended by Mr. Mather for this injury, and am under him now—I was in bed a fortnight, and have not been able to do duty since.
Cross-examined by MR. ROBINSON. Q. Were they making a very great disturbance? A. Yes, quite enough to wake the inhabitants of the house—I followed them about 200 yards before I said I should take them into custody—the first words I used to them were, "What are you knocking for?"—I did not use any violent language—I had not my staff in my hand then, or when I followed them—I drew it when William kicked me—I had hold of
Thomas by the collar when I was kicked—I had not got my knuckles down his neck—he did not call out—I had hold of him with my right hand, and my staff was in my left pocket—William was three or four yards off when he first began to run towards me—I did not take out my staff till after he kicked me, and then I hit him on the arm as hard as I could—this is the staff (produced, broken)—it was split before, I do not know how that was—I only struck one blow—I did not strike with my fists—I swear I did not strike Thomas when he was on the ground—I did not see any blood.
MR. BODKIN. Q. You struck him when he was running towards you? A. Yes; this screw was in the staff at the time—it had been broken before, and broke at the old place.
WILLIAM WILKINSON . I am a cutler, and live in Chequer-alley. About four o'clock in the morning of 12th March, I was in the alley, and saw Ross a-top of William Harris, and Thomas was a-top of him—they were paying at Ross as hard as they could—he called out to me to take one of them off—I went, took Thomas off, and he stuck so tight, that I dragged all three of them along together, and then they began striking me—I took Thomas a little way—William kicked Ross—he sprang his rattle, and the sergeant came, and they were secured.
Cross-examined. Q. Do you live in the alley? A. Yes, with my mistress—she is not my wife—she was in the house at the time—I know all the policemen pretty well by passing them—I have been brought up myself for getting a little drop to drink—1 have never been in Ross's custody—I went out to see if I could get a drop of gin, as my mistress had a bowel complaint—I had not been out half a minute.
JAMES BEALE . I reside in Chiswell-street, and am employed at Whitbread's brewery. On this morning, I left the brewery at four o'clock, and went through Chequer-alley—I saw Ross there—he had got hold of Thomas Harding, and William ran up, caught hold of his collar, and they all fell together—Ross called for assistance—Wilkinson came up at the time—he assisted to pull the prisoners off, and I went to find further assistance—I saw the policeman hit William with his staff when he ran at him—I think he struck him on the head—I was not near enough to see where it took effect—I went to the station, and when I came back the prisoners were in custody—I went with them to the station, and when they went to lock them up, they got together, and the police had to pull them apart—I did not see any blows struck.
Cross-examined. Q. Were you before the Magistrate? A. No; I have been subpoenaed here—I was not subpoenaed before the Magistrate.
JAMES HADDON BLONG (policeman, G 124). I heard a rattle sprang in Chequer-alley, I went there, and saw Wilkinson with one prisoner, and Rose with the other—they were very violent, and three or four of us were obliged to take them to the station—at the station they clung together, and we were obliged to part them, and when I was at the cell-door William rushed at me, and struck me a violent blow on the side of the head.
Cross-examined. Q. Were you standing towards the door of the station? A. Yes; I was not attended by a surgeon—I was not cut; it was only a very severe blow—I have not preferred any charge against the prisoners.
JOHN BUBBERS MATHER . I am a surgeon. I was called up to attend to Ross on the morning of the 12th, at half-past four o'clock—he was very severely injured; he could not stand, and appeared to be suffering very great agony—the principal injury was in the groin—I had him conveyed home, and then examined him—he was a good deal injured about the back and neck, and the injury in the groin was very serious, as if from a kick—it was
very much swollen and inflamed—on the following day, partial paralysis supervened, which continued three or four days—he suffered great agonies ten days, and was in bed a fortnight—as far as the paralysis was concerned, he has recovered the use of his leg, but he is not yet able to walk—he is still under my care, and unable to attend to his duty.
Cross-examined. Q. Might not the injury in the groin have been caused by a fall? A. Not unless he had fallen against a point—if he had fallen against a staff in his hand, that might have done it.
WILLIAM HARDING— GUILTY . Aged 24.— Confined Four Months.
THOMAS HARDING— GUILTY . Aged 36.— Confined Three Months.
NOT GUILTY .
GUILTY . Aged 14.— Confined Four Months.
761. JAMES REEVES , unlawfully obtaining 1s. 8d.; the moneys of William Bliss, by means of false pretences, with intent to cheat him of the same: to which he pleaded GUILTY . Aged 26.— Confined Four Months.
(There was another indictment against the prisoner.)
ALCIDE LEROY (through an interpreter). My name is Charles Alcide Leroy; I am never called Charles. On Saturday, 15th March, I met the prisoner at the end of a street, near the Prince of Wales, in Leicester-square—she took me to a house in the neighbourhood—I had my purse and watch about me—I had my watch safe while I was in the room with her—I looked at the time, and put it back into my pocket—I did not take off any of my clothes—she moved to the foot of the bed, and about a minute after that I missed my watch—no one had been in the room but her and me from the time I saw it safe—on finding it gone, I was in a very great passion, and said I would give her 2l. to let me have it back—I spoke in French—hearing the noise, some people came to the room, and a policeman was fetched—the prisoner remained till the policeman came—the watch has not been found.
Cross-examined by MR. O'BRIEN. Q. Did not the prisoner herself ring the bell? A. Yes—I had not been speaking to two women before I went to this house—I had not been drinking—the room was on the third floor—the policeman went to that room and searched it—I did not lose sight of the prisoner at all—I had not the watch by a chain round my neck.
GEORGE GRAY (policeman, C 52.) I was called to 39, Leicester-square, by a servant of the house, and found the prosecutor and prisoner there, just inside the door—the prosecutor gave the prisoner into my charge for stealing his watch—she said she knew nothing about it, she had not seen it, she was taken to the station and searched by the female searcher—nothing was found—I searched the room that was pointed out to me, and found nothing.
Cross-examined. Q. I suppose you told the female searcher what the prisoner was charged with? A. Yes—I then went back to search the room, and returned again.
at Marlborough-street—while there I saw the prisoner—after she was locked up I saw her pass a watch, which she took from some part of her person, to a female outside the bar, and she said, "Go to Berwick-street with it"—the watch was very thin—I cannot say whether it was gold or silver—it was about half-past two o'clock.
Cross-examined. Q. Where do you come from now? A. From the House of Correction—I am brought here by the officer—I was accused of taking a Bible from a drunken woman; it appears I was not accused wrongfully, for I have got imprisonment for it—she gave me the Bible—I do not know her name—she is a virtuous woman, but like myself, a little bit of a drunkard—we were both tipsy when she gave me the Bible—I have got twelve months for it—I was tried before Old Adams, who transports everybody for nothing—there was an officer present, who spoke to the woman the prisoner gave the watch to—I do not know his name—I know all the officers, and drink with them, and with old Bingham himself; and I have drunk with Mr. Hardwick—I only had one officer attending me—I was so drunk that I did not resist at all—I was sober when the watch was passed through.
NOT GUILTY .
ROBERT HARRISON . I work for Mr. Charles Price, a butcher in Clare-market. The prisoners were working for him on 18th March, taking out meat—I saw a tray, and the fore-quarter of a sheep, at Bow-street, they were Mr. Price's property—they were safe in the shop when I went out at nine o'clock—this is the tray—(produced).
Cross-examined by MR. O'BRIEN. Q. Were the prisoners in the habit of carrying out meat with the tray? A. Yes—there were five or six other persons in the shop that morning—we have three shops, all adjoining—my attention was not called to the meat till the policeman came at night—my master and mistress were at home that day—it is a large business—I had dressed the sheep myself on the Friday night—I dress all the sheep—I recognised my own dressing at Bow-street—I swear to it, positively—I marked it with three marks, and four above them, and then three above them.
JAMES MILLWOOD . I am a butcher, in Broad-street, St. Giles. On 18th March, I left home about half-past two o'clock—I came back about half-past four—I found a pair of fore-quarters of mutton in this tray, in the shop—in consequence of what my wife told me, I went to the station—I then waited it home, and about six the two prisoners came together—Wadmore said there were a pair of fore-quarters of mutton, and would I buy them, I should have them at half-a-crown a stone—I refused having anything to do with them, and then he said I should have them at 2s. 4d.—I said I would have nothing to do with them, and Brown was in the parlour and took them into custody—the meat that Harrison saw at the station was the same the prisoners brought me.
JAMES BROWN (policeman, 142). I was stationed in the back parlour when the prisoners came—I came out and asked where they got the mutton from; the mutton and tray was in view—they said they knew nothing about it—I took them into custody, and took the tray and mutton which Harrison identified.
CLAY— GUILTY . Aged 23.
WADMORE— GUILTY . Aged 43.
Confined Four Months.
MR. BALLANTINE conducted the Prosecution.
JOHN WILLIAM LYON . I live at 4, Crescent-road, Millbank, and am cubierin the employ of Joseph Drown Rigby, and Charles Rigby, sawyers, of Holywell-street, Westminster. The prisoner was in their employ—we receive wood for the purpose of having it sawn—it was the prisoner's duty to superintend the sawing and the mill altogether—he was to sell nothing but skimmings, saw-dust, and blind stuff—if any mahogany had been sawn for Messrs. Wigram, and they had paid for it, he would collect the money and pay it to me—he has not paid me any money on account of the mahogany at any time—he did pay me 15l. 18s. on account of Messrs. Wigrams, on 28th Jan.—he did not tell me he had sold any slabs, or any boards.
ROBERT WILKINS PRICE . I am in the employ of Messrs. Rigby, as carrpenter. I remember some mahogany being sawn last November—I saw it upon the premises, but did not see it come—it was sawn by steam into boards, and some into timber—these are boards (pointing some out)and timber is stouter—slabs are those with the outside on them—I can speak to this board (pointing it out) as being one of those sawn in Nov.—I bought it myself—the others are boards of a similar character—on a Monday in Nov., I saw some of the boards taken away in a cart—I cannot say how many, or whose cart it was—Mr. Sallis superintended the loading—Fletcher was sent to follow the cart.
Cross-examined by MR. ROBINSON. Q. Does the mahogany come in in the shape of trees with the bark off? A. I never saw them before they were cat—the outside planks are often smaller than the others—it depends upon whether the tree is straight—the outsides are sometimes faulty and irregular, and sometimes there are holes running two or three inches into the tree—I do not know Siburn—I purchased two planks.
MR. BALLANTINE. Q. You considered be was entitled to sell them? A. Yes.
MR. ROBINSON. Q. Did not you hear that the prisoner had said he was allowed by Mr. Siburn to sell certain planks? A. No—I asked him if they were for sale, as I should like to have a piece of it, and he said I could have a piece—that was in the yard where I was cutting the boards.
JAMES FLETCHER . I live at 96, Regent-street, Westminster. In Nov. last I was working at Messrs. Rigby's, and was desired to follow a cart from the yard containing the mahogany slabs and board produced—I followed it till it came to 119, Lilington-street—I made this memorandum of the name on the cart (produced)—it is "Shadrach Izard."
Cross-examined. Q. Did you watch the things put in? A. No.
WILLIAM GOODMAN . I am in the employ of Messrs. Rigby. I remember two logs of mahogany being sent from Messrs. Wigram's four or five weeks, perhaps, before Christmas—the prisoner was then foreman, and I heard him give instructions as to their being sawn up—I did not see them sawn, but I saw them afterwards—all of these produced are boards—the slabs are cut off first, and the timber or middle part is cut into planks or boards as directed—planks are two and a half or three inches, and when it comes to one inch it is a board—I saw some of them sent home to Messrs. Wigran's in Messrs. Rigby's own cart—I did not go with the cart, and the prisoner did not tell me where they were going to—I received instructions from the prisoner to load the others in a cart—I do not know whose cart it was—it was not my
master's—I loaded them—I did not see the cart go away—I do not know how many there were—I did not count them, because the foreman was present—there were more than half a dozen—different people's carts take away boards.
Cross-examined. Q. Do you call that a board? (pointing to own just brought in.) A. It is a converted slab—it is a slab because it does not hide its contents—it is about as thick as this board—one side is a board, and the other a slab—it is a defective piece.
MR. BALLANTINE. Q. Do you mean the whole of these are defective pieces? A. One or two are cut out of slabs—that one (pointing toil) is not a slab—those that have the outside on them are slabs—those that show no part of the outside are boards, and those that have part of the outside on them are partly slabs and partly boards.
GEORGE NATT . I am a mill-sawyer, in the employment of Messrs. Rigby. I remember two logs of mahogany coming from Messrs. Wigram'e last November—they were cut, and afterwards sawn to make the ends smooth—I saw some mahogany of the same kind loaded into a cart—I do not know whose cart it was; it was not my master's—I cannot say how much was loaded—Fletcher was sent after it.
JOHN HUTCHINSON . I am a carpenter, and live at 1, Charl wood-street, Vauxhall-bridge-road. Some time in last November I went to Messrs. Rigby's yard, to order some stuff to be cut—I saw the prisoner, and he said he had a little lot of slabs he wanted to sell, which he showed me—he showed I me some boards, but they all had slabs at the end—I bought some—I am not aware how many it was, or how many feet—the prisoner said he would measure them and send them—he did not tell me the measure—they came to 5l. 13s., which I paid him, and he gave me this receipt—(read—Received of Mr. Hutchinson for mahogany, as per agreement, 5l. 13s. William Sullis, 13th March, 1850)—the mahogany was delivered for me at one of my car-casses, at Lilington-street, and remained in my possession till it was seized by the police—there is a great deal more than what is produced—this is not a fair sample, I have used some of it, but not much—I bought it at 5d. a foot.
Cross-examined. Q. What do you mean by this not being a fair sample? A. I do not suppose you can find any more like this—they have picked out the very best of what was sold to me—the major part is much smaller than this—it is Honduras mahogany (the remainder was here produced at the request of MR. ROBINSON, and consisted of smaller pieces.)
JOHN SIBURN . I am in the employ of Messrs. Wigram and Co. I re-member some mahogany being sent to Messrs. Rigby's for sawing—I was frequently at their yard, and the prisoner told me he had got some slabs, and I should he dispose of them, as he had been offered thirty shillings for them—these are slabs (pointing them out) and the large ones are boards—I saw them, but I did not overhaul them as I ought to have done—I told him to dispose of them, as they were useless to us—I did not give him authority to dispose of any boards, and was not aware that there were any among what he showed me—I cannot say whether, if there were any as long as these among them, I should have noticed them—if I had seen a dark end, I should suppose they were slabs—he did not pay me at any time.
Cross-examined. Q. He has accounted for the thirty shillings? A. Yes; it was credited to Messrs. Wigram, and deducted from Messrs. Rigby's bill—I always found our things cut so well at Rigby's that I had no suspicion—I will not swear that the best of these pieces was not among those I saw—we
have often complained of wood being sent too closely cut—anything shaky will not do—Messrs. Wigram's have nothing to do with this prosecution—some time back, I sent six logs of mahogany to Messrs. Rigby's and kept six at home, to try the cutting, and those cut at Rigby's brought more wood.
MR. BALLANTINE. Q. Did you authorise the prisoner to sell 5l. 13s.-worth? A. No; I did not authorise him to sell any boards—we put entire faith in Messrs. Rigby.
WILLIAM CUMMING (police-inspector, B). I went to Messrs. Rigby's, in consequence of a fire—from what I heard there I went to Hutchinson's premises, and found nine boards and eleven slabs—I afterwards went to some other premises, and found three boards and four slabs.
JOHN WILLIAM LYON , re-examined. I produce a book, containing a copy of bills sent in from the office, entered by the prisoner—there is in pencil under Wigram's account. "Deduct for mahogany slabs, 30s."—there is no entry for the rest of the 5l. 13s.—I never received any portion of it—he had an authority to sell these slabs or boards.
WILLIAM GOODMAN , re-examined. The prisoner gave me instructions to load the cart, and was there when it was loaded, but I cannot say whether he was when it started away—I cannot swear that any of these boards are any of those that were put into the cart by his orders—they are similar ones—there was nothing in the cart when it was brought in to be loaded—I do not think the prisoner took any notice after he gave the order.
COURT. Q. Was it a heap of mahogany he pointed out to you? A. Yes; it was standing up altogether—I did not put any in except what he told me—it was not separated at all.
(The prisoner received an excellent character.)
GUILTY. Aged 32.—Strongly recommended to mercy by the Jury, on account
of his good character.— Confined Three Months
OLD COURT.—Friday, April 12th, 1850.
PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Justice ERLE; Mr. Baron PLATT; Mr. Ald. COPELAND; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
ANN TARR . I am a widow. I keep the King's Head, in Church-street, in the parish of St. Matthew, Bethnal-green—I know the prisoner as a customer—I saw him there on Saturday night, 9th March, about a quarter to ten o'clock—he left the house, and came back again about ten minutes to ten, and I saw him go up-stairs—there is a public room up-stairs, to which he had a right to go—there were other persons in that room—my servant-girl old me something, in consequence of which I went into my bedroom, which is on the same floor as the public-room—I found the bedroom-door shut but a closet-door inside the bedroom was open—that was always kept locked—I had last seen it about five in the afternoon—I then locked it, and had the key—on finding it open, I looked in, and missed a gold watch and guard, some spoons, trinkets, and other articles—an inner door of the closet was also opened, and from there I missed a box containing ear-rings, gold pins, a locket, a brooch, a guinea-piece and several silver coins, and a variety
of other things—the locks of the closets had been forced open with a chised—I found the prisoner under the bed—I went to the door, and called out, "Thief!"—he got from under the bed, and tried to escape out of the window, but Mr. Smith stopped him—I sent for a policeman, and gave him into custody—I saw part of the property taken from him, and part he gave up himself—these articles (produced) are all my property—they are the things that were taken from the closet—they are worth about 40l.
Cross-examined by MR. PAYNE. Q. I believe the prisoner assisted Mr. Smith in getting the things out of his pocket? A. Yes—he prayed to be let go, and said he had been led into it by two others—I know nothing of his family—I only knew him by his coming to the house.
DAVID SMITH . I am a traveller. I was at Mrs. Tarr's house on the night of the 9th, in the public bagatelle-room—I heard a cry of "Thief!" ran to the bed-room, and saw the prisoner trying to escape out of the window—I laid hold of him—he said, "Pray let me go, and I will give all the property up," but I did not let him go—I took these spoons out of his pocket—the officer came, and I gave the things to him.
Cross-examined. Q. I believe he appeared to be very much alarmed and flurried at the position in which he was found? A. Yes, he kept saying, "Let me go," and said he had been led into it by two others—I had seen him two or three times before—I know nothing about his connections.
(The prisoner received a good character.)
GUILTY . Aged 24.— Transported for Seven Years.
ANDREW SWEET . I am a smith, and ironmonger, and live in St. James-place, Hampstead-road. It is my dwelling-house, and is in the parish of St. Pancras—on Wednesday, 20th March, I went to bed about half-past tea o'clock—I was not the last up—I have a son who comes in after me—I was awoke about four in the morning by a noise—I sat up in bed, and called, "Who 's there?"—I got no answer—I was going to lie down again, and saw a man in the room, between me and the window—I called out, "Tom, thinking it might be my son—he made no answer, but walked out at the door, on to the staircase—I called out, "Thieves!" struck a light, and followed him—when I got into the shop, I found the shop-window pushed down, leaving room enough for a person to get in—I had left it secure when I went to bed—I fastened the shutters myself.
Prisoner. Q. Can you swear that I am the person that was in your room? A. No—I did not fasten the shop-window, but I am sure it was shut, and the shutters were fastened.
ROBERT THOMAS (policeman, S 303). About a quarter-past four o'clock on the morning in question I was on duty in Great George-street, Hamp-stead-road, and saw the prisoner come out of the top part of the shop-window of the prosecutor's house—I went across the street, and asked him what he did there—he said, "All right, policeman; all right"—I took him into custody—Mr. Sweet looked out, and said, "That is right, hold him"—as I took him to the station, he said, "If they had greased the b——y window, I should have been all right."
WILLIAM FLANEGAN (policeman, S 136). About four o'clock on Thursday morning I was on duty near this place, and heard a rattle—I went to the prosecutor's house, and went in; and under the shop-window I found three forks and two knives thrown on a bench under the window out of which the prisoner got.
MR. SWEET re-examined. These knives and forks are my property—I had them in a glass-case the night before—I do not think I left them on the bench, but I cannot say that I might not have left them there after showing them to a customer—the case was the proper place for them—I have no recollection of leaving them on the bench—they were the only things that were moved.
Prisoner. Q. But you cannot swear that they were moved? A. I cannot swear it, because I am not sure.
Prisoner's Defence. As I was going to work, about four o'clock in the morning, I heard a cry of "Thief!" I was close to the house—I went round the corner, and was instantly collared by a policeman, who ran across the road—nothing was found on me, not even the means of getting a light—I was never in the house.
GUILTY of burglariously breaking and entering, with intent to steal, but not of
stealing the articles.** Aged 21.— Transported for Ten Years.
Before Mr. Justice Erle.
767. WILLIAM BAXTER , feloniously and knowingly uttering a forged 5l. Bank of England note, with intent to defraud the Governor and Company of the Bank of England.—2nd COUNT, with intent to defraud George Compton.
MR. CLARKSON and SIR JOHN BAYLEY conducted the Prosecution.
GEORGE COMPTON . I keep the Crown, in the Edgeware-road. On 27th Feb., about twelve o'clock in the day, I was in my bar parlour and saw the prisoner standing at the bar—Mrs. Compton was serving—the bar is divided off into two departments, a bottle department and a public department—they are divided by a partition from the wall to the counter—there are separate doors of entrance to each department—there is a smaller door to one, and a larger door to the other—the prisoner was in the small department, the bottle department—I heard him ask for a glass of wine and a cigar—he paid for it with a shilling—I heard him ask for something—I got up directly, and said to him, "What is it you want?"—he said, "Will you oblige me with change for a 5l.-note?"—I said, "Certainly;" and he laid a note on the counter—took it up, looked at it, and said, "Not for this; this is a bad one;" and I said to a man named Wheeler, "Shut the door;" he did so—the prisoner said, "It is of no consequence; I know where I took it"—I told Wheeler to keep the door closed till I came back—I then went out at the other door, and went to the station in Molyneux-street for a policeman—I took the note with me—I saw Beck, gave him the note, and told him to come back with me—he went in at the other door,, and I went to the door that was fastened—I knocked at it, and Wheeler let me in—I went in, and the prisoner said, "You will suffer for this"—Beck then came in with the note io his hand, and said to the prisoner, "Where did you get this note from?"—I asked him myself where he took it from, and he said, "I took it from Mr. Ellison, of Spring-gardens"—he hesitated a minute or two, and then said, "Charing-cross"—then Beck came round and asked him again, and he said, "I took it from Mr. Ellison, 6, Spring-gardens, Charing-cross," mentioning the number—I then said, "That is the name that is marked on the back of the note"—
this is the note—I know it by this writing, and also by the name of "Clutton, Bristol," on it—Beck asked the prisoner where he came from; if he had travelled by the railway, as he bad a bag with him, and he said, "I came by the railway from Birmingham;" giving us to understand that he had come from Birmingham that morning by the railway, and a minute or two afterwards he said it was eleven years since he was at Birmingham—I cannot exactly say what he said that gave me to understand he had come that morning from Birmingham by the railway—Beck said, "By rail?"—he said, "Yes"—I should say he gave me to understand it by his bag—he named Birmingham—he had a small bag with him, and an overcoat on, what is called a sack, and a thickish scarf round his neck—I did not notice his under coat—he did not undo his overcoat while at my place—Beck took him to the station.
HILL BECK (policeman, D 127). I was at the police-station in Molyneux-street, Edgeware-road, about half-past twelve o'clock on 27th Feb.—Mr. Compton came there with this 5l.-note in his hand—I observed the name of "Ellison, Spring-gardens," on it at the time, and "Clutton, Bath-street"—in consequence of what he told me, I accompanied him back to his house—I went in at the large doors, looked round the partition and saw the prisoner—I had the note in my hand; I held it up and said, "Where did you get this from?"—I did not wait to hear his answer, but said, "Wait, and I will come round into the bottle department"—when I got round, I found the prisoner—he had this carpet-bag with him—I took it from him—I asked where he got the note from—he said, a party gave it to him to come in and get change—in going to the station, he said that two men had given it to him, and afterwards he said a Mr. Ellison, of Spring-gardens, Charing-cross, gave it him—I did not ask where he lived—nothing was said in my hearing about Binningham—I searched the prisoner, and found on him 6s. 10d. in silver, and 3d. in copper—I opened the carpet-bag in his presence—when I got him to the station, I asked where he lived—he said at 196, Kent-street, Borough—he was taken before the Magistrate and remanded—I took the note to the Bank, and brought it back in the state in which it is now (stamped "Forged")—I went that same evening to 196, Kent-street, I did not find anything of the prisoner there—I went to 296, two or three days afterwards, and found that the prisoner lived there with his father—I went to make inquiry at Spring-gardens the next day—I could not find any such person as Mr. Ellison at No. 6—I also inquired at No. 7, and several houses, and could find no such person.
Cross-examined by MR. PAYNE. Q. Did you make inquiries at all the houses? A. No, not at every one.
Cross-examined. Q. Did you say what your object was, that it was about a forged note? A. I did at several places.
JOSHUA FREEMAN . I am inspector of Bank-notes to the Bank of England. This note is a forgery in all respects, paper, plate, and signature—there is no water-mark—there is an attempt by pressure—this other note (produced)is also a forgery in every respect.
Cross-examined. Q. Have you ever known an instance of the Bank paying a forged note, and refusing their own, and afterwards finding it was a good one? A. No, I never heard of it—I have heard of it in Court, I never
knew it happen—I have been thirty-nine years in the Bank—I can ascertain clearly that this is no water-mark—it is a note that might take persons' in.
THOMAS DALE . I assist my father, who keeps the Marquis of Cornwallis, in Marchmont-street, Brunswick-square. On Tuesday evening, 26th Feb., between eight and nine o'clock, the prisoner came to our bar, accompanied by a servant in the neighbourhood, who often comes for beer—I have since learnt that her name is Emma Diprose—she is here—she had been in the habit of coming to the house for supper-beer for a neighbour—he had a carpet bag with him—I have no doubt the one produced is the same—I saw it again on 12th March, and knew it at once—they asked for two glasses of port wine; I served them—my attention was then drawn off by other customers—I afterwards returned to them to get payment for the wine—they asked me if I had change for a 5l.-note—I think the prisoner spoke first, but I cannot be positive, but the girl spoke out, and said, "Can you change me a 5l.-note?"—I heard him say something, but I cannot swear what—I saw a 5l.-note on the counter—I took it up, and just looked at it; I did not examine it—his coming with the girl altogether deprived me of suspicion, because I had given change to the girl before for her mistress—I went to my desk, and found I had not enough to do it with—I put the note on the counter, and said I had not got change—the prisoner took it up—just at that time, Holland, the pot-boy, came in for some beer, and the girl said to him,"Oh, here, you will get me change," and she took the note from the prisoner, and passed it to the boy, and he asked me if he should go—I said, "Yes, you may go and see if you can get change for them"—whilst he was gone, I saw two sixpences lying on the counter close to where the note had laid—I said, "Is this your money?"—the prisoner said, "Yes," and the girl said, "Yes, two sixpences"—the two glasses of port wine came to 8d.—I gave them the difference—I did not notice who took it; I think it was the prisoner—I have not the least doubt of it—I think I remember seeing him take it up, but I should not like to swear it positively—Holland returned with the change—it consisted of four sovereigns and some silver—I said, "Here is your change"—the prisoner took it up directly, and they went away almost directly—when they first came in, she said, "This is a brother of mine"—the next I heard of it was on 6th March, when I found the note Holland changed was a forgery—I cannot swear that this is the note—I know it is the note that was brought back to me by Weller, Mr. Beaumont's barman, where Holland got change—I had not sent Holland out for any other 5l.-note.
Cross-examined. Q. About the young woman saying the prisoner was her brother, have yon recollected that to-day for the first time? A. No; I do not know whether I named it before the Magistrate—I should say the prisoner was in my place near ten minutes—there were a good many persons there—I never saw him before—I believe I should have known him anywhere if I had met him—I do not know that there is anything particular about him—I had no doubt about him when I saw him in the House of Detention—I was sure it was him the moment I saw him—Holland did not express considerable doubt about him—he passed the cell, and I said, "You had better look again"—I had said the same to him previously when he passed another cell very quickly—I thought be had not time to look at the prisoner sufficiently, and the second time he looked he said, "Yes, that is the person"—the young woman who came in with the prisoner is outside.
MR. CLARKSON. Q. Look at the prisoner now, and tell me whether you have any doubt that he is the man? A. No; he was dressed in a dark-green coat, cut off; what is called a "Newmarket," and a great coat, which he unbuttoned—he was in the same dress before the Magistrate.
WILLIAM HOLLAND . On 26th Feb., I was in the service of Mr. Dale. Between eight and nine o'clock that evening I came out of the tap-room, and saw the prisoner at the bar with a young woman—she asked me to go and get change for a 5l.-note—my master gave me the note—I took it to Mr. Beaumont's, and asked Weller, the barman, to change it—he put the note on the desk, and wrote master's name on it—I did not see what he wrote, but I saw him writing—he put it into the desk—a young woman who came out of the parlour gave me the change, four sovereigns, and the rest in silver—I brought it back, and placed it on the counter before the prisoner and the young woman—I did not see what became of it.
Cross-examined. Q. When you went to the House of Detention, did you pass by the prisoner without recognising him? A. Yes, at first; my master said, "Look well at him"—the first time I went by him very quick—I looked at him again, and knew him—I looked at him two or three minutes the second time—I looked at his cell the same as I did at the others, but my attention was not attracted till my master said that to me.
MR. CLARKSON. Q. Did your master say that to you at any other cell you passed by? A. Yes; he said a good many times,"Look well at them."
JOHN WELLER . I am barman to Mr. Beaumont, of the Red Lion, Guild-ford-street. On the evening of 26th Feb., Holland came for change for a 5l.-note, which he handed to me—my master's sister gave him four sovereigns, and 1l.-worth of silver—I wrote on the note,"Mr. Dale, Marchmont-street"—this is it—master was about to pay it away on 6th March, and the clerk detected it to be a forgery.
Cross-examined. Q. Had you changed any other 5l.-note that day? A. I do not know; we change them very frequently—we always put on them the name of the person we take them from—I changed no other for Mr. Dale that night. GUILTY . Aged 18.— Transported for Fifteen Years.
Before Mr. Baron Platt.
MR. BODKIN conducted the Prosecution.
RICHARD JAGOERS . I am an inmate of Clerkenwell workhouse, and am employed there as a messenger. The prisoner and Parkes were paupers there—on 4th March, about five o'clock in the afternoon, I saw the prisoner standing in the yard, with a ladder in his hand—Parkes, who was employed as a carpenter, said to him, "If you don't put that ladder away, I will come and take it from you"—the prisoner had no business with it—he replied, "I'm d—d if I do," and threw it at Parkes with all his force, with his two hands—I do not think it struck him—there were six or seven other lads with him at the time—Parkes then went into his workshop, and came out again, with the lath of a bedstead in his hand—the prisoner then attempted to run away—he and the other boys dodged Parkes about the yard, hooting and shouting at him—Parkes was chasing him with the lath in his hand—I afterwards saw the prisoner in the yard, with a small pocket-knife in his hand—it was open—he stood, and shook it at Parkes, and challenged him to come near him, and said if he did he would run it into his guts—that aggravated Parkes, and he chased him again—the prisoner ran into the house—he came out again, and ran up the yard, vowing vengeance, and swearing he would be d—d if he would not have a brick and split his b—head—I got the brick from him—after that he ran into the hall, and Parkes after him with the lath—while they were in the hall I heard a pair of tongs fall down—I went
up to Parkes, and saw him bleeding very badly from the eye—I saw the tongs on the floor, and the prisoner standing among the men by the fireplace, six seven yards from Parkes—I did not see any blow struck.
SAMUEL EDWARD PARKES . I was in Clerkenwell workhouse, employed as a carpenter. As I was crossing the yard, about half-past five o'clock in the evening, going to my workshop, the prisoner had the steps running about the yard—I said, "You had better put those steps in their place, or the Governor will come out presently, and you will get into trouble"—he began his blackguard language—I went into the shop—he came and placed the steps in front of the door—I went to take them from him, and he threw them with all his violence at me, and bruised my knuckles—I said, "If I cannot catch you I will reach you," and I took the lath—he ran—I overtook him, just by the house-door, and reached him between the shoulders, and I caught him a second time inside the door—I never struck him, I only gave him a poke—I came back to my shop door, and no sooner had I turned round, than he came at me with an open knife, and swore he would rip my b—guts out—I took up the lath again and ran after him—he got on one side of the hall table, and I on the other—I could not get at him—I said, "Never mind, I shall catch you another time"—I turned round, with the lath in my hand, and walked towards the fire, to speak to some one; and as I turned round, in half a minute or less, I received a violent blow in the eye, which struck me senseless—I did not know who had done it—the blood gushed out—I have entirely lost the sight of that eye, and the other is so weak I can hardly see anything with it.
JOHN KIRKLAND . I was in the hall of the workhouse at half-past five o'clock on 2nd March—a table runs down the middle of the hall—the prisoner and Parkes came running in—the prisoner took the right side of the table, and Parkes the left—Parkes tried to get over the table at him, but did not—he came back from the table, and stood at the corner of it—the prisoner went to the fireplace and took up the tongs—Parkes made a stand, and in a moment the prisoner threw the tongs at him—he was then about five yards and a half from him—they struck him in the eye, and I directly saw the blood come from it—the prisoner then ran away.
WILLIAM TAYLOR . I am a surgeon. Parkes was placed under my care—I examined his eye—it was very much swollen—there was great extravasation round the wall of the eye, and the structure of the eye was completely destroyed—the sight is irrecoverably gone.
(The prisoner put in a written defence, staling that he threw the tongs, intending to knock the lath out of Parked hand as he was about to strike him.)
GUILTY of an Assault. Aged 16.— Confined Twelve Months.
Before Mr. Justice Erle.
MR. W. J. PAYNE conducted the Prosecution.
WILLIAM KIRTLAND . I am the prisoner's son. On Saturday, 23rd March, I was at home with my mother—my father had been at home part of the day—he was out, and came in a little after six—they had a few words, and my father called my mother a drunken b—; and she said, "If you call me that again I will chop your arm"—my father called it her again, and they went out of the parlour into the shop—I did not go into the shop—my brother was there—I did not see the blow struck—my father afterwards came into the Parlour, and I saw blood coming from his fingers—I did not know at the time that his arm was chopped.
COURT. Q. Before your father and mother went out into the shop, did you see your father raise his fist against your mother? A. Yes; that was before he called her the wicked name again—I did not hear him threaten to strike her, but he raised his fist, clenched, and put it towards her, and called her a drunken b—.
JAMES KIRTLAND . On this Saturday afternoon, my father came into the shop to my mother, and called her a drunken b—b—; she said something to him, I cannot recollect what, and took up 3 chopper from a block in the shop—my father called her the name again, and she struck him with the chopper on the right arm, it bled—my father then went out of the shop to the next-door neighbour—I did not see him again.
COURT. Q. Could you see the way in which she was holding the chopper? A. No; I said before the Magistrate that I thought she meant to use the flat tide of the chopper; I did not think she would go to hit him with the edge.
WILLIAM MEADHURST . I am a hair-dresser, and lived in the same house with the prisoner and the deceased—my room was only separated from theirs by a thin partition—they were in the habit of quarrelling—about half-past seven this evening the deceased came in to me, with his arm hanging down, and complained of being cut—I afterwards saw the prisoner—she said, "I have done it, it was through quarrelling."
PHILLIS BOWTELL . I am the wife of George Bowtell, a brewer's servant—the deceased was my brother—his name was William Kirtland—he went by the name of Cutler—he came to the wall adjoining our house, but did not come in—I went with him to the London Hospital—he appeared sober—his arm was bandaged, and hanging down, when he came to our house—he had been to the surgeon's then.
JOHN WYATT . I am house-surgeon at the London Hospital. The deceased was brought there on Saturday, the 23rd—he had an incised wound just above the right elbow, about two inches long, and penetrating about half an inch, almost to the bone—his arm was then bandaged up—he had also an incision across three fingers of the left-hand—he went on very favourably until the following Wednesday, when I left town, and left him in the care of Mr. Farish—on the Tuesday the wound had an inflamed aspect, and considering his constitution I thought it not unlikely that he would be attacked with erysipelas.—this chopper (produced) would inflict such a wound as that on the arm.
HENRY FARISH . I am a dresser at the London Hospital. The deceased was delivered into my care by Mr. Wyatt, on the Wednesday—the wound was inflamed, and the inflammation was extending down and up the arm—he died on Sunday morning, the 31st, from the inflammation caused by the wound—I made a post mortem examination—I found the body healthy, except the lungs which were a little congested, but not sufficient to cause death.
COURT. Q. Was there any sign of the man having been addicted to drinking? A. The aspect of the wound was not at all healthy, and I judged from that that he was not of a good constitution, but I could not say from that that he was addicted to drinking.
EDWIN BELL (police-inspector, K.) I took the prisoner into custody—I said, "Mrs. Cutler this is a most unfortunate affair I am come about"—she said, "I know all about it, it is an unfortunate things I know my own tronbles, this is the fruits of quarrelling."
Prisoner's Defence. My husband was very much in the habit of ill-using me, and was very much addicted to drinking, and seldom or ever sober; he would rise from his bed and leave me and my poor children at home, and
would not earn a penny, and when he came home I used to get the worst of language and illusage from him which aggravated me very much; he has not earned 10s. for his family for these six months; I pawned the things to support my poor children; he aggravated me very much; I was not in liquor; I had nothing to drink.
GUILTY. Aged 40.—Recommended to mercy, on account of the aggravation
she received.— Confined Six Months
770. ALBERT MERMINOD , feloniously forging and uttering a bill of exchange for 150l., with intent to defraud Solomon Cahn and another.—2nd COUNT, with intent to defraud Angela Burdett Coutts, and others.
MR. COOPER conducted the Prosecution.
(The prisoner being a foreigner, and unable to speak English, had the evidence interpreted to him.)
HENRY WILLIAM HODINOTT . I am a cab-proprietor, living at 20, Great Blind-street, Dover-road. On 20th March, I was on the stand in Upper Thames-street—the prisoner came up to me, and asked whether I could speak French—I said I could not—I took him to a friend of mine, Mr. Unsworth, on Fish-street-hill—he there took a little pocket-book from hit side pocket, took from it two pieces of paper, and asked for pen and ink, having spoken some words previously—he laid the papers down on the counter, took the pen and wrote about eleven or twelve words (looking at the bill)—It was something like this that he wrote—when he took his hand up I saw an "S"—I cannot say that I saw him make all the words—he was writing on the paper—he put his pen in the ink, and wrote some words, and when he lifted up his hand I saw the letter "S"—I should say that his pen made marks by the way he was writing—I was standing close by him—I cannot swear that the "S" was not there before—I should say he was writing—he was moving his hand, and when he had done he took it up, and looked at it as if to see that it was done correctly, and he handed them to Mr. Unsworth—I did not notice whether the ink was wet or dry—after this was done I was told to fetch a cab, and the prisoner and Mr. Unsworth got in—I drove them to Messrs. Coutts' bank in the Strand—I there got off my box to let them out, and I saw the prisoner give Mr. Unsworth two pieces of paper which Mr. Unsworth took into Messrs. Coutts'—the prisoner remained in the cab—after Mr. Unsworth had been the bank a short time, somebody left the bank and came to me—in consequence of which I remained by my cab—after about a quarter of an hour Mr. Unsworth came out—the prisoner came with him—he had gone into the bank to Mr. Unsworth—they got into the cab again, and I drove to Copthall-chambers.
Prisoner. Q. How long after I spoke to you on the rank was it that you took me to Mr. Unsworth? A. I should say not two minutes—you got out of the cab before it arrived at Coutts'—I should say you waited quite a quarter of an hour in the cab before you went into the bank.
JAMES UNSWORTH . I keep an eating-house at 37, Fish-street-hill. On Wednesday, 20th March, the prisoner and Hodinott came to my house—the prisoner asked me for pen and ink, which I gave him—he then pulled, out
his pocket-book, took out two papers, and put them down on the counter—he then took the pen and ink, but what he wrote I could not tell—I could not swear that he even wrote upon it—I was some distance away—he then gave me the bills to look at—I do not remember anything that was written on them; I did not take any notice; I was looking to see where he wanted to go by the bills—I did not notice whether the ink was fresh or not—he told me one was for 150l. and the other 100l., and he wished to go to Coutts' bank—he asked if I had got any money, as he had no money of his own, and I lent him 5s.—we then went in the cab—when we got about half or threequarters of a mile from Coutts' bank he told me to stop the cab, which I did, and he got out and went into a stationer's shop—he stopped there about two minutes—I was afraid he would be too late at the bank to get the notes changed, and went in to fetch him—he came out with me, and we then proceeded to the bank—on the road he said I might take the change in what money I thought proper, either in gold or notes—on reaching the bank he gave me the two bills out of his pocket, and I took them into the bank and presented them both at the counter—these (produced) are them—on presenting them the clerks began to whisper one to the other, and refused payment—I asked them to have the kindness to go and not let the cabman go away—in about a quarter of an hour the prisoner came into the bank and asked for Mr. Cahn's address—nothing occurred there to make him ask that—nothing was said about Mr. Cahn—the address was given, and I left the bank with the prisoner—I told the cab man to drive to the address which the banker's clerk had given me, and the prisoner pressed me to go to Mr. Cahn's—we went and saw Mr. Cahn—I gave him the two bills which I had kept in my possession—the prisoner was by at the time—Mr. Cahn examined them, and said he should keep them, he should not deliver them back—the prisoner immediately said if Mr. Cahn would pay him his passage there and back to Paris he would be satisfied.
Prisoner. Q. Did I mention to you the name of Mr. Cahn? A. You did; you explained to me why you got out of the cab—you did not ask me Mr. Cahn's address in the cab, but immediately you came into the bank—when we came out from the bank you said I had misunderstood you as regarded presenting the bills—that was in the cab—when we arrived at Mr. Cahn's I cannot recollect whether I spoke English or French, but I suppose I must have spoken English.
MR. COOPER. Q. Are you certain that he told you to present these bilk, and get them cashed in paper or gold? A. Yes.
COURT. Q. But did he tell you to present them at Coutts'? A. He did—he asked me for Coutts' and Co. at my house before we went—I looked it the bottom of the bills to see to whom they were addressed—he told me by word of mouth to drive to Coutts'.
SALOMON CAHN . I am a merchant, in partnership with my brother, at 3, Copthall Chambers. The endorsement, "Solomon Cahn," to this 150l.-bill, was not written by me, or with my authority—it was brought to me by Unsworth and the prisoner—I told them that the bills must either have been lost or stolen, and I should detain them—we expected such bills from Cahn Brothers, of Paris, relations of mine—I asked the prisoner particularly whether he had been to Messrs. Coutts' to get the money—he said, "No"—I looked at the back of the bills, and saw that our signature had been forged—I immediately suspected that he must have been to Messrs. Coutts' to get the money, because the bills are acquitted—that is the usual acquittance—it is in French, but that makes no difference, they would have paid it just the same—in order
to obtain the money from Coutts' when bills are so directed, it is necessary to write that—I asked the prisoner again to tell me whether he had been to Messrs. Coutts to get the money, and then he said he had been there to find out our address—that was not very likely—then Mr. Unsworth, who had not said anything all the while, said to me, "That is the biggest lie that was ever told, because we went up to Messrs. Coutts' in the cab, and he told me particularly to get the money for him, either in notes or in gold"—the prisoner afterwards said, when I asked how he became possessed of the bills, that he was taking a walk in Paris, and met a young man who bad these bills in his hand, and he was going to tear them up; that he went up to him, and told him it was a great pity to tear those bills up, he would go over to London, I do not exactly recollect whether he said he would deliver them, or get the money for them, but he said something to that effect—I then gave him into custody.
Prisoner. Q. Did not I tell you I was innocent, and that the young man wished to give the bills back to Messrs. Cahn and Co., of Paris? A. Yes; something to that effect—you may have said you begged the young man not to burn them, and you would undertake to bring them to London, and doubtless we should indemnify you for your journey—you said at first, that you would go to Paris to fetch the letter that was missing, and immediately afterwards you pulled out the letter with the half of a 300l. bank-note, which was also missing—you said those were the rest of the things that the young man had given you, and they would prove you to be an honest man—you said we should receive an assurance from abroad, with some papers in connection with this affair, which would prove your innocence—I have received two letters from you since you have been in prison, and one from Paris.
FREDERICK GEORGE . I am a clerk in Messrs. Coutts' bank. On 20th March, two bills for 150l. and 100l. were brought to the bank—these produced are them—they were presented and refused—we had had notice to reject them.
Prisoner. Q. Did Mr. Unsworth make any observation to you when he delivered the bills? A. Yes; not to let the cowman go away—that was after they were refused—he did not make any observation as he presented the bills—it was not to me he spoke, I was engaged in another part of the bank at the time.
ROBERT TAYLOR (City-policeman, 144). I have produced the bills; they have been in my custody ever since I received them at the station—I took the prisoner into custody, and found on him this pocket-book, a half-franc, part of a letter, with the signature torn off, containing half of a 300l.-note, and two passports.
Prisoner. Q. Did you find the letter containing the bank-note? A. No; you produced it from your pocket previous to my searching you, and gave it to the prosecutor—as I was taking you from Guildhall to the prison you were addressed by a gentleman from the Swiss Consul.
(The prisoner read in French a long defence, which was interpreted to the Jury, and in which he stated that on 19th March he met a young man with whom he was intimately acquainted, in a coffee-house in Paris, who stated that he had found the papers in question, and after some hesitation admitted having forged the signature of Messrs. Cahn to the bills; that he advised him to restore them to Messrs. Cahn Brothers, of Paris, but he refused to do so, and declared to intention of starting at once for London; that he (the prisoner) after in vain remonstrating with him, offered to bring the bills to London, but that his sole object in doing so was to deliver them up to Messrs. Cahn, in the hope of
receiving some remuneration for his honesty; that he received from the young man (whose name he had sworn not to divulge,) the passports and papers found on him, and came to London for that purpose; that his only object in going to Messrs. Coutts' was to obtain Messrs. Cahn's address, and that all he had done to the bill at the eating-house was to rectify the date).
GUILTY of Uttering. Aged 20.— Transported for Ten Years.
NEW COURT.—Friday, April 12th, 1850.
PRESENT—Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
MOON; Mr. Ald. FINNIS; and Mr. Ald. CARDEN.
Before Mr. Recorder and the Fifth Jury.
771. WILLIAM FERGUSON , feloniously breaking and entering the dwelling-house of Nicholas Ward, and stealing 1 spoon and other articles, value 3l.; his goods; having been before convicted: to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
MR. M'MAHON conducted the Prosecution.
JOHN FRANCIS . I am a postmaster, of 24, Hart's-lane, Bethnal-green. On 25th July, about twelve o'clock, the prisoner came and asked me for a horse and cart to go into the City for a couple of hours—he said that his name was Howell, and he came from Slater-street, facing the Three Compasses, Bethnal-green—I had never seen him before—I said if he came in half an hour it would be ready for him—he came in about a quarter of an hour, and I let him have a black gelding, with nose-bag and harness, a light chaise-cart with cushions, and a whip—he went in the cart with my servant to Mr. Howell's—I saw that name over the door—the prisoner said his name was Howard—I saw no more of him or them till three weeks ago, when he was taken, but not on this case—I found my horse at Eaton Bray.
Cross-examined by MR. WOOLLETT. Q. How came you to let a stranger have them? A. I sent my servant to see where he lived—my servant would not let it to him in my absence for more than one day, or alter the bargain I had made.
JOSEPH STRIVENS . I am Mr. Francis' horse-keeper. I drove the prisoner from my master's to Mr. Howell's—the prisoner jumped out of the cart there, and stood on the cellar-stairs six or seven minutes—then he came out again and stood on the step of the door, put his hand into his pocket, and said, "I have not got any halfpence, but I will give you some when I come back"—he said he was going to the City for two hours, on a little business—he gave his name Howell, a silk-dealer—I made no fresh bargain with him.
Cross-examined. Q. Are you sure he did not say he was going to Mr. Howell's? A. No; he took me to Mr. Howell's house—he did not say it was his house.
SAMUEL HOWELL . On 25th July I lived at 26, Acre-street, Bethnal-green, opposite the Three Compasses—I have a slight knowledge of the prisoner—he did not live there—his name is not Howell—I did not see him come to my house on 25th July—I did not authorize him to use my name, or to hire a horse and cart.
Cross-examined. Q. You would not have been surprised if he had called
on you? A. Yes, I should—I was out all day—I should have been surprised if I had seen him on my area-steps.
THOMAS WOODMAN . I am a draper and shoe-dealer, at Luton, in Bed-fordshire, thirty-two miles from London. On 26th July, about eight o'clock at night, I saw a horse and cart for sale in the Black Horse inn-yard, at Luton—there were ten or twelve people round it—the prisoner was lodging there—I purchased it, two days afterwards, of John Henry Clark, for 5l. 1s.—the prisoner was not by them—I believe he was on the premises—I cannot say whether he was present when I tendered the money down—the horse was not cheap—it was broken-winded, both knees recently broken, and had one eye—it had hardly a piece of shoe upon its feet—I had met the prisoner two days before, and he told me there was a horse to be sold at the Black Horse, and asked if I was a buyer—after the sale, I spent 1s. in ale—the prisoner had part of it; and he, Clark, and the landlord, went away together—I had known the prisoner before, attending the markets at Dunstable, Hemel Hempstead, and Luton—I got a receipt from Clark—he is not here.
Cross-examined. Q. You purchased it of Clark, and the prisoner was not by at the time? A. He was backwards and forwards about there—I saw him some minutes before I purchased it.
GEORGE TEAKLE (police-sergeant, H 8). I have been searching for the prisoner since July until he was taken, eight weeks back—I circulated hand-bills, offering 5l. reward—I received a cart and two half-cushions from Woodman—the horse is here.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Two Years.
(There was another indictment against the prisoner.)
773. JOHN GRIFFITHS and WILLIAM CARR , breaking and entering the dwelling-house of David Methven, and stealing 5 waistcoats, 2 dresses, and other articles, value 6l. 6s.; his goods: and 1 cloak, value 5s.; the goods of Margaret M'Knight Griffiths: having been before convicted.
MR. CRIPPS conducted the Prosecution.
WILLIAM BOODY . I live at 2, Duckett-street, Stepney, and was in charge of Mr. Methven's house, in Stepney-square—I left it safe on 12th March, between eight and nine o'clock—I locked the door behind me, and took the key in my pocket, I returned at half-past one, unlocked the door, and found the chain up—I got my head in, and saw the prisoners come down-stairs, undo the back door, and go into the yard—I went round to the back of the house, into Whitehorse-lane, and saw both prisoners come over the wall—I ran after Griffiths, and sent the policeman after him, who brought him back to me—he is the man—I went back, and found a bag of clothing in Mr. Methven's bedroom, ready to be taken away.
Cross-examined by MR. RIBTON. Q. Is it a large house? A. Yes; the house next door was empty—there was nobody there but people repairing it—you can pass from there to the area of Mr. Methven's house—I got round by the time the prisoners mounted the wall—I had only to pass one house and a wall—it was sixty or seventy yards—I did not go into Mr. Methven's room at nine o'clock—I had been out at six, and came home again, and left at nine—the back door is directly opposite the street door—the stairs face it—I had a view of the prisoners' faces—I think Griffiths came down first—he was over the wall last—I am punctual to Carr, by the spots on his cheek—I took particular notice of both prisoners, and swear to them.
WILLIAM FITZGERALD (policeman, K 58). Boody pointed out Griffiths to me—I ran after him to the top of Louisa-street, Mile-end-road, about a quarter of a mile—I caught him sitting down in a timber-yard there—I searched him, and found this double skeleton key in his pocket—he tried to prevent my taking it out, and said, "Take me to some private place"—I took him to Mr. Dixon's, who said he had had these things chucked over his wall (producing some clothes tools, and a bag)—I there took this skeleton key from Griffiths' pocket—it opens Mr. Methven's door.
Cross-examined. Q. You found him quietly sitting down after the chase? A. Yes; I lost sight of him in turning a corner for about half a minute, and when I saw him again he was sitting in the timber-yard—I was rather heated, and so was he; he was quite fatigued, and had not a puff of wind in his belly—I observed him particularly while running after him—this key would open a great many houses in the neighbourhood—the house is in Stepney parish.
MART ANN BUCKLEY . I live in James-street, Stepney. On 12th March, about the middle of the day, I was by the side of Mr. Methven's, and saw the prisoners come over the wall very fast—I was under the wall, and looked up at them, and saw their faces—I am sure they are the men—Griffiths ran up Whitehorse-lane—I saw him throw a bundle into Mr. Dixon's garden—I ran, and pointed him out to Fitzgerald.
Cross-examined. Q. How high is the wall? A. Six feet—Carr came over first—his face was towards me—I did not hear them speak to each other.
THOMAS DIXON . I live at 44, Beaumont-square—Whitehorse-lane leads into the square. On 12th March, about the middle of the day, I saw several people running past my window—I heard something, went into the garden, and found a silk cloak and a black bag scattered about in the garden—I had been there not five minutes before, and they were not there then—Fitzgerald brought Griffiths to me, searched him, and took a skeleton key from his pocket.
HENRY ATTWOOD (policeman, F 152). On 19th March I took Carr, in Brokers'-row, Drury-lane, in the street, between six and seven o'clock in the evening, and told him I wanted him, for committing a robbery in Stepneysquare with Jack Cale (the name Griffiths goes by)—he said he knew nothing about it—I found on him forty-two skeleton keys, and this dark lantern in his hat, and this bag, which is made of the same material as the one found at Mr. Dixon's—the keys vary from a small desk key to a warehouse key—there may be several wards to a lock, but they will pass over them all, and touch the lock with the extremity only—here is a picklock.
DAVID METHVEN . I live in Stepney-square. I left my house in Boody's charge—I was sent for, went into my bedroom, and found a black bag on the floor, containing waistcoats, dresses, and linen, from the wardrobe, which was open—I had locked it myself on the Thursday—I believe this mantle belongs to my servant.
ALLEN PHILLIPS (policeman, F 8). I produce a certificate from Mr. Clark's office—(read— John Cale, convicted May, 1842, of larceny, having been before convicted; transported for seven years)—I was present—Griffiths is the man.
GRIFFITHS— GUILTY . Aged 28.— Transported for Fifteen Years.
CARR— GUILTY . Aged 23.— Transported for Ten Years.
MR. M'MAHON conducted the Prosecution.
saw the prisoners at the corner of the shop for an hour—I caught Judge with her arms round a roll of carpet outside the shop—the had removed it a yard and a half—I got hold of them both, and the carpet fell into the gutter—they both said, "We are going quietly home, we are doing nothing"—this is the carpet (produced)—it is the property of Matthew and Lawrence Rowlandson.
Cross-examined by MR. PAYNE. Q. Is the Pavilion Theatre very near you? A. Two doors off—a great many women are about—I do not know the prisoners.
NOT GUILTY .
JOHN CHARLES HENRY DELOLM . I am a watch-maker, of Rathbone-place. The prisoner came to my shop on 22nd Feb., about one o'clock, or a little after—he desired to see some gold watches—I produced a tray, and showed him two watches—he then desired to look at a repeating watch—I had to turn round to get another tray—my attention was excited by his appearance, and I took notice that the watches laid all right on the counter—he looked at the repeaters, and then desired to have a card of the shop—I had to turn round for it—he immediately walked away, and I immediately missed a watch from the first tray, worth 15l.—I should have asked a customer 20l. for it—nobody else could have taken it.
Prisoner. I never was in the shop; he said he was not sure about it. Witness. I had some slight doubts at first, but when they removed his wig, and when I heard him speak, I knew him directly—he has a wig on now—if he had a wig when he came to me, it was a light one—I described him as a fair man—there was something in his countenance which I took notice of, and of his features—when his wig was removed, his hair was closely shaven underneath.
WILLIAM FISHER (policeman, G 127). On 25th March I met the prisoner in Gray's-inn-road, and told him I wanted him on suspicion of stealing a gold watch—he said it was a d—d lie, and I was a d—d scoundrel—I wanted him to go the prosecutor, but he would not—I sent for the prosecutor, who came and identified him—in going to the station he said, "It is no use your looking after the watch; you will never find it, Mr. Fisher."
Prisoner. He knew me before, and has a grudge against me. Witness. On 2nd Nov. I had him for obtaining money under false pretences, and he had two months—his sister was tried in the Old Court two days ago, and had fifteen months for stealing a gold watch—I know them both as belonging to a most notorious gang of swindlers.
GUILTY .* Aged 25.— Transported for Ten Years.
WILLIAM ANDERSON . I am in partnership with William Whitehead, and have a shop at 15, Fore-street, in the parish of St. Ann, Limehouse. On the evening of 20th March, I sent my young man out to measure—I left thirty-two or thirty-four yards of doeskin, worth 8l., on the counter, and went into a
side-shop—after a little time I heard a noise made by lifting the latch of the hatch of the shop-door, I ran into the shop, and the doeskin was gone, and the hatch, or half-door, was wide open—it had been fast when I left, and the doeskin had been lying about seven feet within the hatch-door—there is a passage nearly opposite my house, which leads to Ropemaker's-fields—I afterwards saw the prisoner in custody—the front-shop is part of the dwell-ing-house of my partner; it joins by internal communication.
HENRY WOOD (police-sergeant, K 23). On 20th March, about eight o'clock, I was passing from Ropemaker's-fields to Fore-street, Limehouse—I saw the prisoner come hurriedly out of a court with some cloth under his arm—I followed him up Ropemaker's-fields, and when he got a certain distance, he commenced running—I got pretty close to him—he turned a corner, and went into a marine-store shop, to which there is a coalshed attached—he had the cloth when he turned the corner, but when in the marine-store shop he had not—I asked him what he had brought in—he said, "What do you think?"—I said, "A roll of cloth"—he said, "I know nothing about it"—the door from the shop to the coalshed was open, and there was a quantity of coals and sacks lying about—the marine-store dealer was in the shop talking with the prisoner.
Prisoner. Q. Will you swear it was cloth I had? A. Yes; you were hardly a moment in the shop before I took you—I searched the house, but did not find it—you and the marine-store dealer were whispering over the counter—you were out of breath and could not speak—the marine-store dealer's boy left the shop immediately, and I could not go after him because I could not leave you—when the boy came back, the marine-store dealer said to me, "Now you may search my house with a candle"—I know you well—you are an associate of thieves—I have seen you with convicted thieves about Poplar.
Prisoner's Defence. I was only in there a second before he came, and he did not find the cloth; I never went out of the shop; I never bad the cloth, nor do I know anything about it, I was not in that street.
GUILTY .* Aged 20.— Confined One Year.
DAVID M'DONNA . I live in Swinton-street, Gray's-inn-road; the prisoner was my errand-boy two years and five months—I had in my warehouse a quantity of silk mechlin net—I received a note from Mr. Fletcher—I went, and he gave me some information, and showed me some lace, but he buys it of the same person that I do—it is all made in one large manufactory—it is all alike, and the boxes it is in are all alike—there is nothing to identify it unless it could be proved that the prisoner took it from my premises—I went to the prisoner, and said to him, "Tom, you have been robbing me "—he said, "No"—I said, "You have, for some time"—the inspector then said, "I am an inspector of police; I will take you"—the prisoner then burst out crying, and said, "I have been robbing you eighteen months"—I told him about the piece that was gone to Mr. Fletcher's, and he said he took it.
Prisoner. My master stopped 5s. for this. Witness. There was 5s. stopped on the Saturday—that was after the robbery—his father came to me; he was very poor, he wanted his money, and I said, "I will give you 10s."
GEORGE HENRY FLETCHER . I live at 55, King-square, St. Luke's; I am a wholesale milliner. The prisoner was in the habit of bringing goods from the prosecutor to me—on the night of 4th April, he brought this box, containing 22 3/4 yards of mechlin—he said he had sold three or four other boxes, and he had this one to sell for 5s.—I was very busy packing, to a minute—I did not
look at it, but I gave him the 5s.—when I came to examine it, I thought it was not likely he should be allowed to sell it for that price—in my estimation it was worth 14s., and I wrote to the prosecutor.
JAMES BRANNAN (police-inspector, G.) I took the prisoner at his master's house—his master said "Tom, you have been robbing me"—I said I belonged to the police—the prisoner said, "No, I have not"—the prosecutor said, "You did, you sold some to Mr. Fletcher last night"—the prisoner said, "I did; Strong persuaded me, and he has been robbing you some time, as tell as I."
The Prisoner called
—KENIFECK. I am the prisoner's father. I took in my boy's account for 1l. 0s. 2d.—had I made a proper bill it would have been 1l. 2s. 2d.—the prosecutor told me he could not recollect, but he supposed he had paid some part of it, because part was the commission on the sales—he said, "6s. 8d. seems to be due, but I must look over my books; at all events I will give you 10s."—he said, "There is 5s., that Mr. Fletcher has paid for these; it is not right that he should lose; are you willing that he should have it?"—I said, "Certainly"—I took a pencil and wrote "Paid to Mr. M'Donna 5s., the value of the stuff stolen," and he has put his signature to it
GUILTY . Aged 18.— Confined Eight Months.
DANIEL HATHERILL . I live in Tash-court, Gray's-inn-lane. On 3rd April I was in my parlour—I saw the prisoner come through my passage with a box on his back—I ran after him and said, "Where did you get that box?"—he said he had been sent for it—I said "Put it down"—he put it down and showed fight, and ran through a court—I said "Never mind, I know you; I will have you yet"—some time after, I heard he was drinking in a public-house; I got an officer and took him.
Prisoner. Q. Why did not you follow me down the court? A. It it not safe for a policeman to go down there.
DAVID HOLLOWAY (policeman, G 52). I took the prisoner in the Ship public-house, in Gray's-inn-lane—I accused him of taking the box—he said he had nothing to say to me; what he had to say he would say somewhere else.
Prisoner. Q. Are there others marked as this is? A. there may be—I had only one box marked LL, and that I missed.
GUILTY . Aged 25.— Confined Nine Months.
WILLIAM ATKINSON . I live in Lloyd-square, Clerkenwell, and am an engineer. On 6th April, I was in front of a shop in Gray's-inn-lane—I felt some one against my pocket—I went on a step or two, and then felt something again—I turned round and saw the prisoner passing from me—I missed my handkerchief—the prisoner ran, and I called, "Stop thief!"—he dropped this handkerchief and was stopped by a gentleman—I went up, took him by the collar, and gave him in charge—he said he had picked the handkerchief up—it is mine (looking at it).
JOHN RANDALL (police-sergeant, E 26). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted Sept., 1848, having been before convicted, and confined one year)—he is the person.
GUILTY . Aged 20.— Transported for Ten Years.
GUILTY . Aged 17.— Confined Eighteen Months.
THIRD COURT.—Friday, April 12th, 1850.
PRESENT—Mr. Ald. HOOPER; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
GUILTY .*— Confined Twelve Months.
SAMUEL EGERTON (policeman, H 193). On Sunday morning, 17th March, about six o'clock, I stopped the prisoner on the north quay of the London Docks; he had a Bible under his arm, and was dressed in two suits of clothes—I asked him whether the book was his—he said it was—I asked him whether the clothes were his, and he said, "Do you think I stole them?"—I said it was very suspicious, and I should take him into custody—he said, "If you go on board the Rainbow, you will find I bought them"—I went there, and found the cabin had been broken open.
ANDREW BARRON . I am ship-keeper of the Rainbow, which was in the London Docks—this Bible, trowsers, and waistcoat (produced) are mine—they were safe on 16th March, about a quarter to six in the evening, in my chest in the cabin, which was locked—the prisoner has frequently come on board the ship and complained of his having nothing to eat, and I gave him the same as I was having myself.
Prisoner. I stole them to go to Church in.
GUILTY . Aged 25.— Confined Four Months.
GEORGE JAMES CURRY . I am a carpenter, and live at Chelsea—this washing-tray (produced) is mine—I kept it in the front yard—I last saw it safe on 5th or 6th March—it was then standing under my window—the prisoner, who lived next door, came to my place—I spoke to her about it, and she said she had lent it to her daughter, as she had a heavy wash—I said my wife wanted it, and she must have it—she went away, and came back a little after and said she would give me 1s. for the use of it—I said I must have it, and my wife went with her, she is not here—I did not go—I afterwards went to Mr. Green's, and found the tray had been sold there.
Prisoner's Defence. Mrs. Curry allowed me to make use of the tray; the yards are all one, and the tub was placed under the butt for me to make use of.
GUILTY . Aged 63.— Confined Six Months.
ELLEN SMITH . I am in the service of Mr. Robert Leigh, of Verulam-terrace, Hammersmith; the prisoner was occasionally employed there as charwoman. On 3rd April, my master and mistress being out of town, she slept with me—she got up about seven o'clock in the morning, said she would go down and light the fire, and stay and help to wash—she left the bedroom, came back in a few minutes, and asked for some matches—I told her where to find them, and she went away again—I looked up the clothes, and about eight went down-stairs—she was then gone, and I missed some money from a shelf, and a cloak, a dress, two seals, an umbrella, a pair of boots, a pair of stays, two aprons, and some printed cotton belonging to me, from the kitchen—the cloak and umbrella had been hanging up, and the rest were on the table—I then went to my mistress's room, and missed three dresses, a book, a brooch, and some artificial flowers, of Mrs. Leigh's—the prisoner would have to pass that room to go down to the kitchen—I have seen all the things again—this printed stuff, cloak, boots, and umbrella are mine—(produced.)
Prisoner. Q. Did you not give them to me? A. No; I paid you for what you did.
ROBERT HITCHMAN (policeman.) In consequence of information I found the prisoner, at half-past eight o'clock the same night, on an omnibus, at the White Horse-cellar, Piccadilly—I told her she was charged with robbing Mr. Leigh's house—she said she was very sorry; she was going to take them back—she was wearing one of the dresses, and was carrying a pair of shoes, an umbrella, and boots—I went to a place I was told was her lodging, and found the other articles—I spoke to her about the brooch—she said she had pledged it, and she gave me the duplicate—I went with the duplicate and got it.
Prisoner's Defence. She gave me the things for the work I had done.
GUILTY . Aged 20.— Confined Six Months.
WILLIAM COOPER (policeman, G 112). On Monday morning, 11th March, between six and seven o'clock, I met the prisoner in St. John's-street, carrying this copper (produced)—I asked where he was going to—he said, "To Smithfield"—I asked where he brought it from—he said, "Bagnigge-wells-road"—I asked him where from there; he said a man gave him 6d. to carry it, to meet another man in Smithfield—I asked him his address, and he refused to give it me—I took him into custody.
FRANCES MITCHELL . I am the wife of John Mitchell, and live at 7, Suter's-buildings, Somers-town—I rent the house, No. 8—this copper came from there—it was fixed in the washhouse, in the back yard—I went there on Monday evening, the 11th, and missed it—I had seen it safe in the course of the week.
Prisoner. Q. How do you know it? A. When it was fixed, there was a piece of brickwork wrong, and the man turned this edge up to get it set right—I swear to it.
The Prisoner called,
CATHERINE BROCKLIFFE . I live at No. 8. My husband is a plumber—the copper was in the washhouse between twelve and one o'clock on the Monday, and I put a washing-tub on the top of it—between seven and eight in the evening Mrs. Mitchell and me were talking, and we heard a strange foot in the passage—we ran out and missed the copper—we went into the street, and a lad said he saw a man going down the street with a copper on his head—I should not know the copper.
Jury. Q. Was there a lid to the copper? A. Yes; it was on when I put my tub on the copper—it generally stands by the side—I saw the copper itself—the brickwork was not disturbed—it was disturbed when we missed it between six and seven—I know the prisoner through his working for my husband.
NOT GUILTY .
GEORGE JACOB POWLEY (policeman, D 228). On Saturday, 9th March, about six o'clock, I saw the prisoner in a shop in Orchard-street—a man was accusing her of stealing a pair of trowsers—when she came out I took this pair of boots (produced) from under her shawl—I asked how she came by them—she said they belonged to her father; they had been mended, and she had been to the shoemaker's to fetch them—I looked at them, and found they had not been mended—I took her into custody, but she ran away and escaped—on the following Thursday I saw her in custody, on another charge.
HARRIETT LANE . I am the wife of John Lane, a boot and shoemaker in York-street. These boots are his—I saw them safe at twelve o'clock on Saturday, 9th March—I did not miss them till the constable brought them on the following Thursday—I knew them then—I had seen them several times—I cannot say whether the prisoner was there on the Saturday.
Prisoner's Defence. A boy gave them to me in Orchard-street.
GUILTY . Aged 17.— Confined Six Months.
(The Act of Parliament incorporating the Company not being produced, the COURT directed the prisoner to be
MR. COOPER conducted the Prosecution.
BENJAMIN VENABLES . I am a meat-salesman, in Newgate-market; Briers was in my employ, and also Mainwaring. On 21st March, a buttock edge-bone of beef was shown me by Webb—I knew it instantly, because I had had a piece of steak cut off it that morning for my breakfast—I had never given Briers leave to take meat out of the shop—no one has any right to sell meat but my father and myself.
Cross-examined by MR. PARNELL. Q. Have you got any partner? A. Not in the dead meat business—my father is partner with me in the live business—he assists me in the dead business, and has a fixed salary of 150l. a year—he has no profit or commission—I swear most positively to the meat—I had seen several other pieces that morning—I could swear to them—Briers has bought meat of me from time to time—my clerk used to settle with him for it at the end of the week, when the wages were settled.
MR. COOPER. Q. He sever bought 55lbs. at a time? A. Never.
JOHN MAINWARING . I am in Mr. Venables' employ. On the morning of 21st March, Briers asked me whether I would have half a pint of porter, and directed me to go to the Old Coffee Pot, where he would come to me—as I was going, he overtook me in the lane, and went in before me with a buttock and an edge-bone of beef under his arm—he went straight through the bar and through a door which I believe leads up-stairs.
Cross-examined by MR. PARNELL. Q. What time was it? A. I cannot say exactly—it was between breakfast and dinner, near one o'clock—the Old Coffee Pot is about a minute and a half's walk from Mr. Venables'—it is not in the same street.
ELIZA DUGGIN . I am a single woman, and am servant at the Old Coffee Pot. On 21st March, about twelve o'clock, Briers came into the kitchen there with some beef, and asked me to let it remain till he fetched it—the kitchen is on the first-floor—he went down-stairs again.
Cross-examined by MR. PARNELL. Q. He went to have some beer? A. I cannot say—that would be the way to get some beer.
HENRY WEBB (City-policeman, 258). On 21st March, from information, I watched the Old Coffee Pot, Newgate-market—about two o'clock, or a quarter past, I went in and stood in front of the bar some time—I then went up-stairs and saw some beef—I showed that piece to Mr. Venables the same day—I came down-stairs again, and remained in front of the bar—about twenty minutes past two, Briers came in by himself, had a pennyworth of gin, and remained talking in front of the bar till Bedford came in—they then whispered together—Bedford went up-stairs and brought down the piece of beef in a cloth on his shoulder, and went out of the door in White Hart-street, turned into Warwick-lane, through the Bell passage, which leads into Warwick-lane, to a shop there, and threw the beef off his shoulder on to a block, by the side of another pieee of beef—I then went into the shop, and asked him what he had got—he said beef—I asked where he got it—he said
he bought it at a shop in Newgate-market—I asked what shop—he said he would take me and show me the man he bought it of—I refused to go, and told him his answer was not satisfactory, I should take him to the station-house—he then said, "I will tell you the truth; I did not buy it at all; a man gave it me to carry, and he is going to call for it presently"—I took him in custody, and going along Newgate-street, we met Briers, who said to Bedford, "Halloo, old fellow, how are you?"—Bedford then asked me to allow him to speak to Briers privately—I did not allow him, but called Armstrong and gave Briers into his custody.
Cross-examined by MR. BALLANTINE. Q. What did Bedford say? A. He said, "Will you allow me to speak to Briers privately?"—I swear he used the word "privately."
BEDFORD—received an excellent character—
GUILTY on Second Count. Aged 37.
BRIERS— GUILTY . Aged 43.
Confined Nine Months.
MESSRS. PARRY and RIBTON conducted the Prosecution.
WALTER CALDWELL . I am in the employ of Messrs. Keith and Co., of Wood-street, silk-manufacturers. On 29th April, 1849, the prisoner came there, and said he was sent by Messrs. Seddons, of Gray's-inn-road, for two pieces of tabaret—Messrs. Seddons are customers of Keith and Co.—I said it was not the quality they were in the habit of using, and he had better take a pattern, and see if it would do—he came back the following day, or the day after, said they were quite satisfied with the quality that Mr. Fife, the foreman, sent him down for it, and he would take it with him; they were in a very great hurry, and as soon as they had it, the order would be sent down by post—I gave him the tabaret in consequence of those representations—it was worth 21l. 4s. 1d.—I gave him an invoice.
Cross-examined by MR. BALLANTINE. Q. Have you seen him since? A. Not till I saw him at the Compter—I have not traced the property—I saw a person named Price at Guildhall—he was not like the prisoner—I do not know whether he was charged with stealing carpet—I did not go to the Compter twice without recognising him—I did not say to the warder, "I cannot pick out the man; I cannot identify him."
MR. PARRY. Q. Did he stop and examine the goods? A. Yes, half an hour—I conversed with him—I picked him out at the Compter from ten or twelve others, without hesitation—I have not the least doubt he is the man.
JAMES FIFE . I am in the employment of Messrs. Seddon and Co., of Gray's-inn-road. I am foreman of the upholsterers—during the time I have been so, the prisoner has not been in their employment—I never gave him any authority to fetch any tabaret from Messrs. Keith, and never received any as coming from them.
THOMAS SEDDON . I am the only one of the firm of Seddon and Co.—I do not know the prisoner—I did not give him authority in April last year to fetch any tabaret from Messrs. Keith—I never received any from them.
CHARLES HOWARD . I am in the service of Hamilton and Hyde, of Cheapside, fringe-manufacturers. Last May the prisoner brought this order, enclosing a pattern of damask (produced)—believing it to be a genuine order from Mr. Joseph Loader, by whom it is signed, I gave him two pieces of damask.
searched some apartments which a woman, who appeared to be his wife, said were his, and found this damask (produced.)
Cross-examined. Q. Did you ever see the prisoner on the premises you found these things on? A. They were on the first-floor, and I took the prisoner at the street-door.
Cross-examined. Q. Is it not very common? A. No, very good—there are not plenty made of this colour, it is from its being an uncommon colour that I believe it to be our goods.
JOSEPH LOADER . I am a cabinet-maker and upholsterer, at 23, Finsbury-pavement. The prisoner was in our employ about ten weeks, at the latter part of 1848—I believe this order to be his writing—we did not authorise him to write it, or to go to Hamilton and Hyde's for any damask for us—we did not receive any damask from him—he was not in our employment when the order was made.
Cross-examined. Q. Have you ever seen him write? A. No—I am twenty-six years old—I believe there are persons in our employment who have seen him write—I received a letter in Dec. or Jan., which had his name to it—I saw him about it afterwards—I came to the conclusion that the order is his writing, by comparing it with that in our packing-book.
MR. PARRY. Q. Have you seen writing of his, that he himself has acted upon while he was in your employment? A. Yes, on more than one occasion.
WILLIAM BARTLETT . I am warehouseman to Thomas Lee and another, of 36, Newgate-street. On Saturday, 10th Nov., 1849, the prisoner came there, and asked to look at some carpets, describing the colour he required—he said he came from Mr. Fox, of Bishopsgate-street—he is a customer of ours—I asked him if he had brought an order—he said, "No," but put his hand into his pocket, and took out this card of Mr. Fox's (produced)—he selected two pieces, took one away with him worth 6l., and said if Mr. Fox should require the other piece he would come for it on Monday—this note (produced by Bradley) is what I gave him—we always give a note with goods that go out. GUILTY . Aged 40.— Confined Eighteen Months.
(There was another indictment against the prisoner, for felony.)
791. WILLIAM GOODWIN , stealing 7 pairs of boots, 1 pair of lasts, and other articles, value 1l. 14s. 6d.; the goods of Christopher Haylett, his master; having been before convicted: to which he pleaded
GUILTY .— Confined Twelve Months.
GUILTY . Aged 27.— Confined Eight Months.
MR. CLARKSON conducted the Prosecution.
customer—on 15th March, between seven and eight o'clock in the evening, I was in the bar alone—the prisoner came for a pint of porter—he asked me if I was about to leave my situation—I said I was—he said he could put me up to a stunning scheme—I asked him what it was—he said he knew a young man that held a similar situation to myself, and he (the prisoner) used to go there every evening, place down 6d. on the counter, and he used to receive change for half-a-crown; and when he left they had 30s. to divide between them, which kept him stunning for a week—he advised me to adopt the same plan, and said whenever he came and put down 1s. I was to give him change for half-a-crown, and when he put 6d. I was to give him change for 1s.—I made a feigned assent, and he left the premises—I told Mr. Hays directly—the next evening he came as usual for his beer, and asked me how long I should remain—I told him about three weeks—he said, "You know what I told you last night; if you like to adopt the same plan, we will go halves; it is impossible for them to find us out"—I made a feigned assent, and directly he left I went and told Mr. Hays—I saw no more of him till the Monday evening, when he came about the usual time—he called for a pint of porter, and put down 6d.—as I was about to give him change, he said, "Not to night, though I am not very particular"—I said, "No, it would not be safe"—I had not the police by me then, to detect him—he went away, and I told my master again—I did not see him again till Tuesday evening—(I was at home on Monday)—he first came about half-past seven—I was not in the bar then, but in the bar-parlour, and could see him—I was receiving the money to detect him with—I told Mr. Hays that was him, and I went round to the bar by a side-door—he was then outside the door, about leaving, and he turned round and nodded to me—at half-past nine he came again, called for half-a-pint of porter, put down 6d., and said, "Is it all right?"—I said, "Yes, I have 2s. for you," and I put the two shillings into his hand, at the top of the 5 1/2d.—he left immediately—the police, who were in the bar-parlour, followed him out, and took hold of him before he got the money out of his hand—these are the two shillings my master marked for the purpose (produced by Harvey.)
Prisoner. Q. Were you not in a state of drink once or twice when I came in? A. No—you asked me if it was all right—I put the money into your hand—the policeman found the shillings as I placed them, on the top of the coppers.
PETER HAYS . The last witness was my barman—about 19th March I marked some money—before that I had received two or three communications from Taplin upon the subject of what had been suggested to him—the first was on the evening of the 15th—he told me from time to time what he has stated—on the 19th, about half-past nine o'clock, I was in the bar-parlour—I had before that handed two shillings, marked, to Taplin, and the police were in the house to watch—I saw the prisoner come in, apparently for some beer—I knew him as a neighbour—I had no opportunity of seeing the transaction.
Prisoner. Q. Did you not say Taplin suited you very well? A. Yes, he did, with the exception of one thing, that he was addicted to drink—I had not contemplated discharging him, he gave me notice himself; I was very sorry he did—he was a most excellent tradesman.
JOHN HARVEY (police-sergeant, G 14). I received information from Mr. Hays, and on Tuesday evening, 19th, I went to the public-house—the prisoner came there, and the barman and Mr. Hays pointed him out to me—I saw Taplin give him something into his left hand, and he went away—I went
and overtook him in the middle of the street—I caught hold of his left hand, and said, "What have you got here?"—he said, "Fourpence-halfpenny"—I said, "Let me look?"—he said, "Let me go home first"—I said, "No"—he said, "Well, there is 2s. 4 1/2d."—I forced open his hand, and found 2s. 5 1/2d.—I asked what he laid down for his beer—he said, "Sixpence."
Prisoner's Defence. The silver was between the copper, and I did not know it was there till the policeman took me; Taplin was in a state of liquor, and said he did not care a damn for the place; I am not in want myself.
GUILTY . Aged 36.— Confined Twelve Months.
MR. RIBTON conducted the Prosecution.
JANE GAUL . I am the wife of Richard Gaul, of Queen-street, Cheapside. I know the prisoner—I was present on 4th Aug., 1843, when she was married to Joseph Foster—my name was then Jane Baker—I signed the book at the conclusion, and saw Joseph Foster and the prisoner do so too.
Cross-examined by MR. ROBINSON. Q. Have you known Foster since? A. I last saw him three weeks after they were married—I know Murphy—I saw him before his marriage, about four years ago, in the prisoner's room.
MR. RIBTON. Q. Did she make any statement to you about Foster? A. I met her in Regent-street, and asked her how Mr. Foster was—she said, "Oh, he is dead, and I have got another"—Foster was a soldier—in 1843, she was married in the name of Ellen De Lanphier.
JOHN HALL . I am clerk to Mr. Binns, of Trinity-street, solicitor. I got this certificate from the clerk at St. Mary's Church, Marylebone—I examined it myself with the original register with the clerk (This being read, certified that Robert Foster and Ellen De Lanphier were married, 4th Aug., 1843.)
ELLEN DUNN . I reside at 127, Leather-lane. I have known the prisoner about three months—I was present at St. Giles's Church on 21st Jan., when she was married to Robert Murphy—I signed the book as a witness—the prisoner is the same person.
Cross-examined. Q. I believe Murphy had lived with her some time? A. the prisoner's mother told me he had for three years.
Cross-examined. Q. How long had you been living with her? A. three and a half years, to the best of my knowledge—I have not seen Foster during that time—I did not know him before I was brought up at Guildhall for the maintenance of this woman—I was a pavior, when I first knew her—she came to my lodging, and said her husband was dead, he had broken a bloodvessel—on the Sunday we went for a walk, and went to a coffee-shop at half-past one o'clock in the morning—she called the waiter, and said could we have a bed, as we were locked out—I went to a room she got, and lived with her, because she came to my lodging and said I was married to her, and I went home with her—the things in the room were not worth much—I never tried to persuade her to marry me—I intended to marry her if she was civil and quiet—I lived with her three years and a half, and then married her, because she had a civiler tongue—I did not threaten her I would d. for her unless she married me—I never struck her—she split my eye open with a key—that was before we were married—I am the prosecutor in this case, and have employed Mr. Binns.
MR. RIBTON. Q. Did you see Foster during that time? A. No; when the pulled me to Guildhall, I went in search of him; that is three weeks
ago—I did not find out she was married till the last day I had to appear at Guildhall. GUILTY. Aged 27.— Strongly recommended to mercy by the Jury, on account of the infamous conduct of the Prosecutor.— Judgment respited.
MR. BALLANTINE conducted the Prosecution.
CHARLES REVELL (policeman, L 175). At a quarter-past eight o'clock last Friday, I saw the prisoner go into a marine-store dealer's shop in Union-street, Lambeth; I saw some lead on the scale there—I went in, and asked where he got it—he said, "What is that to you?"—I told him I was a police-constable, and he then said, "My master gave it me"—he said his master was Mr. Inglis, of Lambeth-walk—I took him into custody, and at the station he told me he got it from Frazer's yard, that he had been employed with others clearing it out, and he found it there.
JOHN INGLIS . I am a carpenter, in the employment of the London and South Western Railway Company. The prisoner was employed under me last Friday, and was at work at 6, Anderson's Wharf, which is the Company's premises—I have seen the lead produced—it answers a place on those premises to a "T"—it has been cut from the roof of one of the houses, and is the Company's property—I did not give it him—he has worked under me since August, and I had a good opinion of him. (The prisoner received a good character.)
GUILTY . Aged 27.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JAMES WHITE . I am a stationer, at 208, High-street, Shoreditch. On 17th Nov. a person named Price made an application to me, and referred me to Charles Neville, 48, Whiskin-street, Clerkenwell—I went there—it was a moderately respectable house—the prisoner came to the door—I asked him if his name was Neville—he said, "Yes"—I said, "I have come about the amount of money you have offered to become security for, for Price"—he said, "Yes, I know him very well; his wife is about being confined; it will be all right"—I asked him how long he had lived there—he said, "Three years"—I said, "Have you got any receipts I can look at?"—he said, "Yes," and showed me some from a drawer—I did not look at them all, but I saw one for rent due at Michaelmas—Price came in the evening, and had the money—I have only had 6s. of it back—if I had not believed the prisoner was a respectable person, and had paid rent for three years, I should not have let Price have the money—I advanced it on the representation of the prisoner alone—in consequence of what I saw in the newspaper, I found the prisoner in custody—he is the same person.
Cross-examined by MR. M. PRENDERGAST. Q. To whom did you give the money? A. To Price, in the prisoner's presence, at my own house—there was a person named Spencer present—he was the other security—I called on him, and saw his wife, and she showed me receipts for rent, and said he had lived in the house three years—I do not always require a person to have resided three years in his house.
MR. BALLANTINE. Q. From what you heard of Spencer, you did not take him as security? A. No.
of 48, Whiskin-street. The prisoner became my tenant there last Michaelmas—I never gave him any receipts for rent, and he never paid any—he received the rent of his lodgers on 7th Jan., then left the house, and sent me back the key by the Parcels Delivery Company, in a bundle of wood, which cost me 4d.
Cross-examined. Q. Did you see the wife? A. Yes; I believe she was in good health.
GUILTY on 2nd Count. †— Confined Twelve Months
RICHARD AUGUSTUS BATTLE . I was in the service of William and John Dawson, linen-drapers, of the City-road. On Monday, 11th March, I saw the prisoner come, about eleven o'clock—she purchased one yard of ribbon, for which she paid 3d., and went away—I did not serve her myself—I afterwards, on the same day, went to the station, and saw the prisoner there—the policeman showed me three pieces of black satin ribbon, and one piece of white—these are them(produced)—these are William and John Dawson's property—this piece has our mark on it—I swear to them—I had last seen them safe on the previous evening—I know one of them by the board inside—I did not miss them till the policeman came.
Cross-examined by MR. PAYNE. Q. How many persons serve in the shop? A. Seven—I was standing by the fire, serving another person—one of the youths served the prisoner—he is not here—this is the mark, "16 1/2"—it is my writing—I swear positively I saw it the night before—I have left there three weeks, on account of my health—I have been there twelve months.
WILLIAM MORRELL (policeman, N 135). On the morning of 11th March I saw the prisoner in Old-street-road—I stopped her, and asked what she had got—she said, "Nothing"—I said I was not satisfied, and she chucked back her shawl, saying, "Look and see," and then went on—I followed her, and when she saw that, she ran into a baker's shop, got under the counter, and put something into a handkerchief—I ran in, and while I stooped to get the handkerchief she got away again—I afterwards looked into the place, and pulled up the three pieces of ribbon, and likewise this other yard.
Cross-examined. Q. You stopped her on speculation? A. Yes; there was a woman in the shop she ran into—she jumped over the counter—I did not—I pushed the door open and went after her, and she was then putting something under some steps—the woman was close by the side of her—she is not here.
GUILTY . Aged 16.— Confined Twelve Months.
OLD COURT.—Saturday, April 13th, 1850.
PRESENT—MR. BARON PLATT; Mr. Ald. THOMPSON; Mr. Ald. MUSGROVE; Mr. Ald. WILLIAM HUNTER; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
799. THOMAS HICKS , burglariously breaking and entering the dwelling-house of Eleanor Maria Hannah Stewart, and stealing 11 spoons; 29 knives, and other articles, value 3l. 8s.; her property: and 1 work-box, 1 bodkin, and 1 pencil-case; the property of Jane Cross: to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY .— Confined Twelve Months.
801. SAMUEL SWAIN , feloniously uttering a forged order for delivery of goods, with intent to defraud James Robertson ;also, stealing 2 shawls, 1 dinner-service, and other articles; the goods of said James Robertson: to which he pleaded
GUILTY .— Confined Twelve Months.
802. JOSEPH BROOKS and ANN CADDICK , feloniously breaking and entering the dwelling-house of Charles Bagley Uther, and stealing 3 guns, 19 pistols, and other articles, value 130l.; his goods.—2nd COUNT, for receiving the same; Brooks having been before convicted.
MR. WOOLLETT conducted the Prosecution.
JOSEPH BROWN . I am porter to Charles Bagley Uther, of 8, Leicester-street, Leicester-square. On 13th March I fastened up the shop, and went out at half-past seven o'clock—I returned at a quarter or twenty minutes past ten, and found the door open and a candle burning—I missed nineteen or twenty pistols from the case.
Cross-examined by MR. PAYNE. Q. Are you sure you locked the door? A. Yes; the key was in my pocket.
ROBERT CHATLEY (policeman, C 184). I was on duty in Leicestersquare, about ten minutes past eight o'clock in the evening, in plain clothes, and saw Brooks standing about ten yards from Mr. Uther's shop—I watched him for five minutes—he walked towards the shop—I went through some auction-rooms to meet him again, but lost sight of him.
WILLIAM MURRELL (policeman, C 80). On 13th March, about eight o'clock in the evening, I was on duty in Leicester-square, standing by the inclosure, and saw the prisoners and a man within twenty yards of the shop—Brooks crossed over to me and another officer, looked us full in the face, went on a few yards below and crossed over to his associates—I went for assistance.
JAMES STRINGER (policeman, C 193). I was on duty in plain clothes in Leicester-square the day before the robbery—about ten minutes to eight o'clock in the evening, I saw Caddick leaning against a post at the corner of Leicester-square, and Brooks walking up and down, close to the prosecutor's shop—I had to go to the station, and on my return they were gone—I saw them again on the Wednesday at the same places, at about half-past eight.
THOMAS HARDWICK (police-sergeant, D 7). On 15th March, in consequence of information, I watched a man into No. 9, Parker-street, Drury-lane—I went up into a room, and found the prisoners, and under the bed found four gun-cases, some guns, and double and single-barrelled pistols—I found this handkerchief in a basket, and a pistol in it—I knew that Caddick lodged there, and asked her whose property it was—she said a man named Cook brought it there—I asked when—she said she did not know—I asked who Brooks was—she said he was her brother, just come there—previous to that she said, "You think I am a b—flat; you want to know too much"—I took the guns and pistols to the station.
Cross-examined. Q. Who was the man you watched? A. I do not know
—I went in about five minutes after him—for all I know, that man may have been Cook—I do not know him by that name—I was not drinking in a public-house in Museum-street with him—I am certain Caddick did not come in and see me, Allan, and Cook drinking together—I drank with no one but Allan—there were two or three persons there—I was not there scarcely a minute—Cook was not one of them that I know of—I spoke to no one but Allan—we have to go into public-houses sometimes on duty—it was a little after eleven o'clock when the man went into the house—he crossed Oxford-street with this handkerchief, and a handle of a pistol sticking out of it—I only saw his back—he passed me, but I was going the same way that he was—I was about 200 yards from the house when he went in; he walked faster than me—he appeared to be a young man.
JOHN SETH ALLAN (policeman, A 350). On 15th March, between eleven and twelve o'clock, I followed Hardwick to No. 9, Parker-street, to a room on the second-floor, and found the prisoners there—I saw Hardwick take some pistols from under the bed, and some gun-cases were packed up one on the other—the pistols were thrown into a small basket, except two, which were in a handkerchief—Brooks was leaning against the wall—Caddick said he was her brother—I asked him where he lived—he said at 3, Linley-court—I have made inquiry, and he does not live there—I found a glove on the mantelpiece, with four latch keys in it, one in each finger, also two files.
Cross-examined. Q. Where did you come from? A. From the station—I think Hardwick and I were in a public-house in Museum-street—we were not drinking there with a man named Cook—I believe two or three persons were present—I will not be positive.
Brooks. Q. How was the man dressed? A. Like you.
Cross-examined. Q. What is the value of that pair? A. Fifteen guineas—they have my name on them.
BROOKS— GUILTY . Aged 19.— Transported for Seven Years.
CADDICK— GUILTY on 2nd Count. —Aged 24.— Confined Twelve Months.
Before Mr. Baron Platt.
803. HENRY TIDDIMAN, JOHN BENNETT, WILLIAM LAIDLER, JOHN JONES , and JOHN SULLIVAN , feloniously threatening Samuel Wyatt, to accuse him of having committed b——y with said Henry Tiddiman, with intent to extort from him a valuable security.—Other COUNTS varying the manner of laying the charge.
TIDDIMAN pleaded GUILTY .
MESSRS. BODKIN and COOPER conducted the Prosecution.
HENRY TIDDIMAN (the prisoner.) I was an omnibus conductor. I have known Bennett three years and a half—when I first knew him he was checktaker at the Adelphi Theatre—I had lost sight of him for five or six months, when he accidentally rode outside my omnibus—I had seen him and Sullivan five or six months or more before I went to Mr. Wyatt's, but had had no further communication with them than drinking with them—about fourteen months ago I went to Mr. Wyatt's shop with Sullivan—I asked Mr. Wyatt for a cheroot—Sullivan said, "I will have one also," and I paid for one for him—he then asked for an ounce of bird's-eye tobacco; Mr. Wyatt served him—he
went out, saying, "My friend will pay for it," meaning me—I said, "That is very fine"—I remained five or six minutes with Mr. Wyatt—I merely said it was a fine evening—I went out, and found Sullivan outside waiting for me—he said, "Harry, if that is not an old puff, my name is not Jack Sullivan, for you can see sodomy printed on his face"—I said, "I do not think so; I do not understand such things"—he said, "Then you should come under my jurisdiction, and I will make your fortune," to which I made him no reply—I tried to pass the conversation off, and get rid of him as fast as I could—I then left him—next night I went to Mr. Wyatt's and purchased a cigar—we got into conversation—I stopped and took some gin-and-water with him, and smoked a couple of cigars—there was no light in the parlour, but there was the reflection of the gas, which was quite sufficient—half-a-crown passed from Mr. Wyatt to me on that occasion—I then left the shop, and met with Sullivan—he said, "Ah! you have been into the old man's, and have got some money"—thinking that he had been watching me, I said I had—he said, "Then I'll have half"—we changed the half-crown—I had a pint of porter, and I gave him 1s. 2d.—he said, "If you will take my advice, we can make 20l. or 30l. out of the old man"—I said, "No, I'll have nothing more to do with him"—he said, "Then if you don't, I will have you nailed"—I made him no reply, but parted with him—about a week or ten days afterwards I met Bennett, Jones, and Sullivan, between six and seven in the evening, in Coventry-street—Sullivan said to Bennett and Jones, "Harry (meaning me) has a good case that I have told him of; if you will pay attention to me, we can make a good thing of it"—I tried to pass the conversation off to something else—I heard no reply, and made none—Sullivan talked to Bennett by himself, but I did not hear—we all went to a public-house and had something to drink—we left there and went to the Catherine-wheel, in the Haymarket, but there was no more talk with regard to this—about a week or ten days afterwards I met Sullivan and Jones somewhere in Leicester-square—Sullivan said, "Well, have you been to the old man's again?"—I said, "No, I have not"—he said, "Then if you don't, you must put up with the consequences; you have already extorted half-a-crown, and I have got you in my power"—about a fortnight afterwards I met Sullivan, Bennett, and Jones at the corner of Piccadilly, by the Bull and Mouth—Sullivan spoke to Bennett about it, but I could only catch a few words—he said nothing to me—we all went to Wyatt's—Jones said, "Mr. Wyatt, if you could oblige us with some money I should be obliged to you; you know what it is for, regarding you and Tiddiman; it is of no use to hesitate"—Mr. Wyatt said he had not got it—Jones said, "We must have it"—Mr. Wyatt went into the parlour and fetched out some silver from a sideboard,—he was rather nervous—on receiving it we all left the shop—Jones gave me 2s. 4d. as my share—I did not see any money given to the others—about a month afterwards I met Sullivan again in Lancaster-place, by Waterloo-bridge—he said, "Now Harry, will you come down to the old man with me and get some money?"—I hesitated about going—we went—I went into the shop, and Sullivan waited at a public-house a few doors off—I asked Mr. Wyatt how he was—he said, "Rather poorly"—I said, "If you could oblige me with a little more money I should feel obliged to you"—he said, "I have none"—I afterwards received some; I think it was a sovereign—I left the shop, and went to Sullivan in the public-house—Sullivan said, "Well, how much have you got?"—I told him a sovereign—he said, "You ought to have got more, and I believe you have"—I gave him 10s.—he wanted me to go again, but I would not—I afterwards visited Mr. Wyatt's shop with Jones—I should not like to say it was
more than once; it might be a week or ten days after the last transaction—Jones said, "Will you let me have any more money, Mr. Wyatt?"—Mr. Wyatt replied, "No"—Jones said, "The fact of it is you must, for taking indecent liberties with Tiddiman—Mr. Wyatt went to the cheffioneer, and brought out half-a-sovereign and some silver—I received 3s., and the rest was to be divided with Sullivan—I did not see it shared—I knew Laidler first of all—one evening I was at a ball, 1st or 2nd March, with Bennett—Sullivan and Jones were not there—Bennett said, "Now,Harry, here is a young man," meaning Laidler, who we met there, "and he has no objection to set the part of a solicitor for us, to intimidate the old man and woman out of 40l. or 50l."—Laidler replied that he would do so—Bennett proposed that Jones should act as clerk to the solicitor—two or three days alter, Jones and Laidler went us to Wyatt's; (but a week previous, or perhaps a little more than that, I met Sullivan, and he said it would be a good dodge for any one to go and act as solicitor, as there was a woman in the case)—Jones and Laidler went to Wyatt's; I waited outside with Sullivan, by agreement—Sullivan told Laidler to go in and get some money, and said we would wait till he came out; and said, "Mind you don't come out without it"—Laidler came out and said he had got a sovereign, all he could get—Sullivan called him on one side, and whispered something to him—we went to a public-house, shared the sovereign, and parted—either the same night, or the next; we all met again, by appointment, at a public-house in Long Acre, and it was agreed that we should all go—Sullivan gave Laidler instructions to draw up an "I O U," for 50l., provided Mr. Wyatt had not got 50l. ready cash in the house; which, after some hesitation, Laidler agreed to do, not willingly—it was drawn out for 40l. first—I made no reply, I was picking some cigars out of a cigar-case at the back of the bar—I think the publican's name was Purnall—I then went with them to Mr. Wyatt's—I believe Laidler walked on first, before Sullivan, Bennett, Jones, and me—he stopped a few doors before the shop till we arrived—Jones and Laidler went in, and me, Sullivan, and Bennett remained outside—in about ten minutes Laidler came out, and said to Sullivan, "I have told the woman all about it"—Laidler said to me, "Now, Harry, you must come in"—I said I would not—afterwards, by the persuasion of Sullivan, I went in with Bennett—Sullivan was outside; he said he would not come in—Laidler went back with us—he and Jones talked to the woman in private—I saw tears in Mrs. Legg's eyes, and heard Laidler say, "It is a case not fit for a woman to be mixed up in, and this is the young man that can prove it," pointing to me—Mr. Wyatt was standing by the parlour, at the corner of the counter—he could hear what passed—he appeared rather nervous—Laidler asked him for some money—I do not know how much—Mr. Wyatt replied, he had not got any—Laidler said, "Then I will draw up an 'I O U' for 40l."—one of them, (I cannot say which,) said, "No, it shall be for 50l." an "I O U" was drawn up by Jones, for 50l.—this is it(produced)—this is Samuel Wyatt's signature to it—there were two "I O U's"—one was for 40l.—after that Bennett asked for a sovereign—Mr. Wyatt said he had not got one, but he would see what silver he had—he gave Bennett 7s. or 8s., and gave Laidler a 10l.-note—I do not think Mrs. Legg was aware that the 10l.-note was given—we all left the shop, and found Sullivan outside—we all went to a public-house, and then to a coffee-shop, where Jones said to Sullivan, "We have been to the old man, and made him give us an 'I O U' for 50l."—Sullivan said, "Then, of course, I stand in"—Jones and Laidler replied, "Yes"—next day I went to Wyatt's with Laidler, Sullivan, Jones, and Bennett—Laidler and Jones went in by themselves, the others
remained outside—they came out and said they had got 25s. or 26s., which was shared amongst us—Laidler and Jones called Sullivan on one side, and spoke to him privately—a few days afterwards I saw Laidler and Jones again, but I do not remember anything being said about the affair—after this we met of a night at Laidler's house—we kept meeting together daily—on the night I was taken, we all five went to Mr. Wyatt's—Laidler and Jones went in; we remained outside—Jones came out, and met me and Bennett half-way up the street, and said in Sullivan's hearing, "Now, then, you must come in; there is the money all ready waiting"—Sullivan came in afterwards—I said, "I would sooner have nothing to do with it, go in by yourselves; I will go my way, you go your's"—Sullivan said, "No, go on, go on," and I accordingly went in—Mrs. Legg said, "Walk into the parlour, gentlemen"—I went in with Bennett—Sullivan stopped in the shop, we walked into the parlour—Mrs. Legg said, "Now, gentlemen, I want an explanation of the case; who is the solicitor in the case?"—Laidler said, "I am"—she said, "What demand have you upon my uncle?"—one, but I cannot say who, said, "24l."—I am sure it was not me—Mrs. Legg said, "Where are your chambers?"—Laidler said, "I have already told you; 5, Cecil-court, St. Martin's-lane"—at that, two officers came from behind the curtain, and took us into custody—that ended the transaction.
Cross-examined by MR. WOOLLETT. Q. When were you first applied to, to give evidence? A. Yesterday—my counsel applied to me—I am to have no reward—no promise was held out to me—I swear that—I was advised to give evidence, and to speak the truth, the whole facts of my being led into the case—it was simply for the pure administration of justice—I have pleaded guilty, and confessed the whole matter from beginning to end, and the manner I have been led into it, and the tool I have been made—Sullivan is old enough to be my father, and ought to know better—I was twenty-one when I first became acquainted with him—I was not aware they were that class of people—I solemnly swear, no reward or promise was held out to me—I saw Mr. Wontner, the solicitor for the prosecution, and gave him a statement—I was applied to to give evidence—my counsel did not tell me it would be better for me to do so—he asked me whether there was not one leader of it, and I said "Yes, Sullivan"—the first time I was seduced, was fourteen months ago—I recollect the conversation that took place then, within a word or two—I am sometimes not very quick of hearing—there are no other transactions of this kind in which I have been engaged—I have never been in custody—I do not know Gardner at all—I can give no dates to any of these interviews, and yet I recollect the conversations—I was the first that took the half-crown, and that I was seduced to do—the next sum I took was 10s.—I cannot say exactly—I was seduced to do that—during the whole of these proceedings I have been led into it—I am quite a seduced man.
Cross-examined by MR. PRENDERGAST, JUN. Q. The second sum from Mr. Wyatt was a sovereign? A. Yes; if I swore it was 10s. it was a mistake—it was 10s. or 12s. on another occasion—I very much compassioned poor Mrs. Legg when I saw her with tears in her eyes—I wanted to get out of it, but I was intimidated by the threat; I was between one thing and another, and did not know what to do—Sullivan said unless I went on with it, he would have me prosecuted for extorting money from Mr. Wyatt—I do not know what he meant—he said, "If you do not go again, and get some more money, I will have you nailed"—intimidated at that, I went again—I had done nothing then, only received the half-crown—that was the transaction he
threatened me with if I did not go on—I had known Sullivan about twelve months before I went to Mr. Wyatt—I met him with Bennett somewhere about Coventry-street—when I first went to Mr. Wyatt's with Sullivan, it was between four and five o'clock in the afternoon, I was going to Fetter-lane to see a young man who drove a Parcels Delivery cart, and Sullivan walked with me—we passed this cigar-shop accidentally—we both went in together—I cannot swear who went in first—I took a cigar first—I paid for them—Sullivan then went out—no mention had been made between us of a tobacconist—I had not been in the habit of going to the shop till that occasion—I had come from Fetter-lane—we went in there by accident, to get a cigar—I remained after he left, merely talking about a fine night, and I said to Mr. Wyatt, "One would not think this was a cigar-shop, the windows are so dark," or something of that sort, which took a minute or two.
Laidler. Q. How long have you known me? A. Before any of them—I first met you at a house in Silver-street, kept by a man named Harris, more than three years ago—I swear it was not ten years ago, or seven, it may be three and a half—next time I saw you I met you in the street accidentally—I said, "How do you do?" and we went and had a glass of something to drink—the third time I met you at Gurney's house, in Maddox-street, and you said you were a waiter in Fleet-street—I saw you once in the street, dressed as a footman; you said you were in service—it might have been three or four months after—fourteen months ago was the first time I was drawn into anything of the sort—I know Mr. Protheroe, the member for Halifax—I first got acquainted with him eight years ago—I will swear it is not fifteen—I swear I was more than fifteen years old when I was first acquainted with him—I have had money from him, I drove him every morning from Chapel-street, Park-lane, in a Metropolitan stage-carriage—I swear I have never been in his bedroom—I have never had gold from him in his house, only what he has paid me for driving him—he never took me into his house—I have never been into it—the last time I saw him, was eight or nine months ago—I swear that when I was arrested on this charge I did not send for him, and have money from him to defend me.
Q. Have you never taken persons to Mr. Protheroe; lads, youths, which Mr. Protheroe likes (you know the sort of persons to suit Mr. Protheroe), and shared the money between them and yourself? A. Never in my life—I have never received gold or 5l.-notes from him—it was on a Saturday the "I O U" was procured—I said we went the next day and got a sovereign, but I have not been particular to a day or two—I never passed bad money in my life—I never tried to pass any on Mr. Wyatt when I went to purchase cigars—he never cut a half-crown in two—I have never been in custody for smashing.
MR. BODKIN. Q. Do you know that Mr. Protheroe prosecuted a person for the same offence? A. I remember reading an account of it in the paper—I heard nothing said by any of the prisoners about 12l. till the examination at the police-court—I heard Sullivan whisper once to Laidler and Jones, and say, "Ah, we have done Mr.Harry"—I forget when that was.
MARY LEGG . I am niece to Mr. Samuel Wyatt, who keeps a tobacconist's shop in Lincoln's-inn-fields. I live with him, and help him to carry on the business—he is sixty-four years of age, and has been in ill health for some time past—about Nov., his manner was a great deal more depressed than usual, and I looked more attentively to him—the first time I remember any one coming, was on New Year's eve—it was Tiddiman—he was between the parlour door and the shop door, which was slightly open—he had his hand in
his pocket, and said to my uncle, "This settles it between you and me"—he afterwards left the shop—after that evening, my uncle became more depressed, and I kept my eye on him—about a week or a fortnight afterwards, Bennett and Jones came and saw my uncle—I heard nothing—I was at dinner in the shop, which is on the same floor—the middle door is never shut—they only remained a few minutes—I saw nothing given to them—the same week, or the following, I was at supper, and Mr. Wyatt was shutting up the shop, Bennett and Tiddiman came, and I saw money pass from my uncle to them both—I heard nothing said—I did not hear the sound of money, but they received something from my uncle which they put into their pockets—I saw their hands in their pockets—at the time they came when I was at dinner, my uncle was dining with me; he went into the shop to them, and some conversation took place in a whisper—in consequence of observing that, I went into the shop, and found Bennett, Jones, and Tiddiman—I asked them what was the matter, and why they annoyed us so—Tiddiman said it was not fit for me to know—I said, "There are money transactions passing between you and my uncle which I wish to know"—Tiddiman said there was not—Jones said, "You know nothing of me"—I said I did not, never having seen him before—I do not remember Bennett saying anything—they went away, after paying for their cigars—on the evening of 2nd March, I was in the kitchen and heard a noise which brought me up—I found Laidler and Jones, with my uncle, in the shop—Laidler was reading a letter of some description to my uncle—they found I would not leave the parlour, and they left the shop after about a quarter of an hour—they left off speaking as soon as I appeared—between eleven and twelve o'clock that night, my uncle was shutting up the shutters, and Laidler and Jones came into the shop—I said, "I am glad you are come, for now I will have an explanation of this business;" and hearing the others outside, I insisted on their being brought in—Bennett and Tiddiman came in—when they were all in, Laidler said it was a sodomite case—I asked, "With whom?"—Tiddiman said, "With me"—they followed my uncle into the parlour—what was said I do not know—I followed them in—I said I was very sorry for it, but I do not remember saying anything else—Laidler said they wanted to get Tiddiman out of the country, and it was a very bad case; the vessel he was to sail in, was to sail on the following Thursday, and they wished for money for him to sail in that vessel—Bennett asked my uncle for money, and he said he had none—Bennett said, "You must have taken some in the course of the day"—he said he had not, I think—they said something in an under tone—they did not seem inclined to go—I think one of them, I will not say who, said, "We will not leave the house until we have some"—the door was shut; I think one of them had his back against it, but I really was so excited I do not know—if it was any one, it was Bennett, but I do not remember—Tiddiman said he would have an "I O U" for 40l.—Bennett said, "I'll have fifty"—Tiddiman replied, "No, 40l. will do; I won't be too hard upon him"—Laidler asked me for a piece of paper—I said I had none—one of them took a piece from his pocket—there was a pen and ink on the counter, and one of them, I think it was Jones, wrote this "I O U"(produced) for 50l.—they all looked at it, and my uncle signed it—I think it was Jones and Bennett put it before him—they said, when could they have the money; could they have it on Monday?—my uncle said, No; he could not procure it by then—this is my uncle's signature—it was not written in my presence; I was in the parlour, he was in the shop—Bennett said he would not go without he had some money—my uncle took some silver out of the cupboard and gave some of it to
Bennett, but he snatched the rest, and said, "We may as well have all"—they went away, and took the money and the "I O U"—this was on Saturday—after that my uncle became much worse, he kept his bed until the day the prisoners were taken—on the Monday afterwards, Jones and Laidler came about the middle of the day—my uncle was in bed—they inquired after his health—I said he was very ill in bed, they might satisfy themselves by seeing him, if they thought proper—they did so; he slept in the parlour—they asked me for some money—I said they could not have it, but if they would come next day we would see what we could do for them—Laidler said he was a solicitor—the "I O U" was produced—I really cannot tell what was said about it, for it was produced so often, and so much was said about it—they said they would compromise the affair for 30l.; and I think it was that day that Laidler said he had been to the Docks to pay part of the passage-money, and that Tiddiman might start by that vessel—he said it was a most infamous affair, and, if it got into the papers, would cause more sensation than Greenacre's murder—I then said something to Jones about some other case—Jones mentioned some name, and said it was a similar case to the person in question, but he got him through it—next day, Tuesday, Laidler and Jones came—they said they came for money, and they wished it very much to be settled—I said it was impossible, but I would give them part of it—Laidler spoke—I gave them a 10l.-note and two sovereigns, my uncle's money—the "I O U" was mentioned—Laidler received the money—I will not be certain whether I gave it him, or whether he took it up—when he had taken it, he said, "We consider this as our fees; do not tell Bennett or Tiddiman we have received any"—he said they might think they were compromising the affair; and I think he said something about indicting them for felony, and having Laidler's name struck off the roll of attorneys—I said I would not—next day, Wednesday, Laidler and Jones came again—they came almost every day—they saw Mr. Wyatt in bed—Laidler said, could not my uncle grant me an undertaking to get the remainder of the money—he said he could not—Laidler said, if he would, he would take me to the Bank, either in his private carriage or in a cab—he would not, and they went away—next day they came again, and brought an "I O U" for 40l., but that was thrown away and burnt, as a forgery, it was not my uncle's writing—my uncle's name was to it—Laidler asked me if it was my uncle's writing—I told him, "No," and he then burnt it—he said it had got into Bennett's or Tiddiman's hands, one of the two, I do not know which—he said they picked hit pocket of it, and they could sell it for 30l.; as any one would give them that for an "I O U" with Mr. Wyatt's name to it—he said to Jones, "If you will endeavour to get it back from them, I will give you a sovereign"—Jones said, "I don't require that, I dare say I can do it without"—on one occasion, Laidler said if the money was not paid, the Sheriffs officer would come and take the things away; to the amount, I suppose—on the Friday, Laidler and Jones came again, and saw my uncle in bed—I said I wished to settle altogether, for I was very much annoyed, and my business was injured, as I was obliged to shut my shop up as soon as it was dark, to pacify my uncle, who was almost in a state of madness—Laidler said, "You can keep open with safety till nine o'clock at night, as your house is protected till then"—he said he paid a man 5s. a day to watch the house, and pointed out Sullivan, who was coming up the gateway opposite—he sent Jones to fetch Sullivan, who came back with Jones—Laidler said he would not be answerable for my shop after nine, as his man went off then—they all three went into my uncle's bedroom—Sullivan only asked him how he did
—nothing was said there about settling—as they went away they asked me if I could settle it—I said I could not, it was not in our power—they went away somewhere about one or two o'clock—Sullivan said, as he was going away, that my uncle appeared very ill, and it was a pity it could not be settled—then they left—about eleven o'clock, after the shop was shut, I was alarmed by a very great noise, as if the shop-door was beat with sticks—(they used to enter at the private door)—it continued two or three minutes—I did not go—I was in the parlour—I heard a voice call my uncle's name, and ask if he did not mean to open the door—it was not a noise as if people wanted to come in—I did not open the door—it frightened my uncle very much—next morning Jones came—he saw my uncle, and said he was very sorry to see him so ill, and of course he wanted money—I told him they would have had the money if it had not been for the riot the night before—Jones asked me if I would give him a paper to satisfy the others that he had been there, and what was the cause of their not receiving the money—I consented—this is the paper I gave him(produced)—it is in my writing—he then asked if I could give him some money—I afterwards gave him and Laidler 4l., on Friday the 8th—he denied having been there the night before—I said it was of no use, for I heard their voices—he said they had nothing to do with it—(paper read—"Gentlemen,—Through your coming last evening, my uncle is much worse; if you will let the matter stand over till Monday at six, the 30l. shall be forthcoming, M. Legg")—the same afternoon, Laidler and Jones came together—an agreement had been spoken of before, and Laidler said it had been altered to my wish, and he brought it with him—this is it(produced)—I had desired an alteration in it, a day or two before—it then had no stamp—he said it could be stamped for half-a-crown—I said I would consider of it, I think—I gave Jones half-a-crown the following day, Saturday, to get it stamped—it was brought to me on Saturday, by Laidler and Jones—I said I did not know the names—there were only two, that I recognised, Laidler and Roberts—they said those were the proper names of the other men—Laidler read it—(read—"Memorandum of an agreement made and entered into between Samuel Wyatt, of Great Queen-street, Lincoln's-innfields, on the one part, and Henry Roberts, John Evans, John Smith, Charles Harrisson, and William Laider on the other. I, the said Henry Roberts and others, by this agreement, disclaim all future demands of the said S. Wyatt; and the said H. Roberts and others do hereby declare that we will never annoy or molest, or cause any person or persons to annoy, the said S. Wyatt. Now this agreement is binding on both sides, that is, providing the said H. Roberts and others do not annoy, or cause any person or persons to annoy, or molest the said S. Wyatt; he, the said S. Wyatt and Mary Legg, niece of the aforesaid S. Wyatt, do undertake and solemnly swear that they will never prosecute or cause any information to be given to any person or persons which may lead to the apprehension of any of the said persons whose names and signatures are in this agreement. And this agreement further showeth that I, the said S. Wyatt, and Mary Legg, niece of the said S. Wyatt, are willing that this case should be compromised; that is to say, that we have this day paid the said H. Roberts and others the sum off 30l. on an "I O U," which the said H. Roberts and others hold, having been given and signed by the said S. Wyatt, in the presence of Mary Legg, niece of the aforesaid S. Wyatt, for a settlement of the presence case. And should either of the said persons whose names and signatures are to this agreement, annoy or molest, &c., the said S. Wyatt, upon their so doing, he, the said S. Wyatt, shall be at liberty to prosecute either of the said persons so doing according to the
form of the statute in such case made and provided. And should either of the said persons in this agreement annoy or molest, &c., him, the said S. Wyatt and Mary Legg, his niece, do solemnly swear that they will only prosecute the one so annoying him, the said S. Wyatt; that is to say, if one of the persons in this agreement should go and annoy or molest him, the said S. Wyatt, he shall be at liberty to prosecute him only; and he the said S. Wyatt does undertake that he will not interfere by word or deed with any of the persons named in this agreement with the exception of the one so annoying him. Dated this 12th day of March, 1850. Signed, Henry Roberts, John Evans, John Smith, Charles Harrison, William Laidler,—signatures of S. Wyatt and Mary Legg, his niece(left blank)"—They took that away with them—I did not pay Laidler anything after that—I had paid him 4l. just before—I received this memorandum from Laidler—it was written by Jones, and signed by Laidler—I gave 2l. on the occasion of its being signed, and on the day it bears date, the 8th, it does not say what month—(read—"Received of Mr. Wyatt, in part payment of "I O U," 2l., 8th, 1850. William Laidler")—Jones gave me a memorandum for the 4l.—the signature was in his writing—he signed Laidler's name to it—(read—"Received of Mr. Wyatt, in part payment of "I O U" for 30l., 4l., William Laidler, Mar. 11, 50")—Laidler was not there, only Jones—I had those written receipts, because they said it was in part payment of the 30l., and I asked for a memorandum—on the same afternoon, Monday, Bennett and Jones came—Bennett asked me if I could give him 5l.—I said, "No"—he asked me if I could procure it by the following Friday, as he had three guineas to make up the rent—I said I did not know, I would see what I could do, but the money should be paid whether my uncle was dead or alive—on the Tuesday I complained to the police, Jones came between eleven and twelve o'clock, and asked how my uncle was, and if he could have any more money—I said I had none to give him then, but if he would call at four, I would see—he came again at four with Laidler, but during that time I had given information to the police—they asked how my uncle was, and I said I was very sorry I had not got the money then; I had sent a person out to endeavour to procure it, but if they would come at nine, I would see what I could do, and I wished all of them to come—either Laidler or Jones said, "All?"—I said, "Yes, all"—they wished me good afternoon, and went away—at nine Laidler and Jones came—I then had the police in the house—I asked where the others were—they said did I wish for them all—I said, "Yes, I told you so," looking at Jones—Laidler said, "I dare say you will find them at my chambers, or at the corner"—Jones then went out—Laidler remained in the shop, and smoked a cigar, which he paid for—Jones was not gone more than ten minutes—Bennett, Tiddiman, and Sullivan came back with him—I showed them into the parlour, and said, "Gentlemen, I wish for an explanation of this affair; what is your demand on Mr. Wyatt?" Laidler then answered, "Twenty-four pounds"—I said, "Is that your demand?" and one and all answered, "Yes"—I cannot say whether Sullivan spoke, but several said, "Yes"—I said, "Who is the solicitor in this affair?"—Laidler said, "I am"—I said, "Are you a solicitor?"—he answered, "Yes"—I said, "Where are your chambers?" he said, "It is affixed either to the bond or the agreement," I do not know to which, "but you have my direction, for I gave it you"—I said, "I have lost it"—he said, "My chambers are at No. 5, Cecil-court, St. Martin's-lane"—I said, "Do you all expect something out of this?"—Sullivan said, "I do not," and left the parlour—he was stopped in the shop by inspector Pearce—two policemen who were behind the curtain in the parlour, came out, and took the other four into custody.
Cross-examined by MR. WOOLLETT. Q. On 2nd March, you say you have a very imperfect recollection of what occurred? A. Yes; I was so much excited and so much hurt, I do not know what I said.
Cross-examined by MR. PARNELL. Q. Was Tiddiman to go away in the vessel? A. Yes; so Mr. Laidler told me—I never saw Tiddiman come there except once, during the whole of that week, and then he was sent for—he was one of the party claiming part of the 24l.—it was not said why he was to be sent away—I am quite certain they said it was a sodomitical case—they were all present then but Sullivan—I only saw him twice.
Cross-examined by MR. PRENDERGAST, JUN. Q. All Sullivan said about the matter was, that it was a pity it was not settled? A. Yes; he said nothing more that I in the slightest degree remember.
Laidler. Q. When the "I O U" was given, did not I tell you, if you were annoyed by them to give them in charge? A. You did—I was to give them in charge and send for you—on the Tuesday, when you came, you told me it was a case you did not like; such a case as you had never been mixed up in before, and you did not wish to have anything more to do with it—I did not tell you I would not harm you—it was the farthest from my intention, for I should have had no idea of prosecuting you—I did not say I would do you no harm if you would stand by me—I did not say, "If you stand by me, and there is no other man in the house, you shall not be hurt."
MR. BODKIN. Q. Was what he said about giving them in charge, and sending for him, after the "I O U" had been given? A. Yes; he did not say that was to be the case in consequence of my having given the "I O U"—the "I O U" was given to get rid of the annoyance—I cannot say, if it was to protect me from further violence.
JOSEPH THOMPSON (police-sergeant, F 11). On Tuesday evening, 12th March, I went to Mr. Wyatt's with Brown, another policeman—we concealed ourselves behind a curtain in the back-parlour, adjoining the shop, and remained there about half an hour—at nine o'clock, Laidler and another, who I believe to be Jones, came—Laidler spoke to Mrs. Legg—she said, "Where are the other gentlemen? I thought I told you they were all to be here"—he said they were close by, he would send for them—he spoke to the other, and sent for them, and in the end the four other prisoners came—after some conversation we came from our hiding-place—I took Laidler and Tiddiman—on Laidler I found this agreement, and "I O U," and a letter signed M. Legg—going along Queen-street, he said, "Is Sullivan taken?"—I said, "I believe he is"—he said, "Ah! b——y old fox, I am glad he is taken; that is the General; with all his generalship he is taken at last; I do not care about myself, Mrs. Legg will clear me; I only did it to stand her friend"—at the station he gave his address, "Laidler, 5, Cecil-court, St. Martin's-lane"—I found a key on him, which he said was the key of his box, and that his landlord's name was Morriss—I went there according to that direction—a box was pointed out to me by the landlord—it was locked—I found in it this agreement, and the fly-leaf of a brief, and a letter—I have seen Bennett before this, once dressed as one of the Life Guards, blue, and another time in the suit of an hussar.
Laidler. Q. Have you ever seen me in company with either of the prisoners? A. Yes; on one occasion with Bennett and Jones at the masquerade at Drury-lane Theatre—I am not quite certain whether Sullivan was in your company, but he was a short distance off.
on the opposite side of the way, walking to and fro, and looking on the other side—I afterwards saw Jones and some one else go into the house—Jones came out again—I met Sullivan at the door, took him, and handed him over—I then went into the room and took Jones and Tiddiman.
JAMES BROWN (policeman.) I accompanied Sergeant Thompson—I was concealed behind the curtain—I afterwards took Bennett—on the way to the station, he said, "I am let into this secret; I wish I had stopped at home."
SAMUEL WYATT . In March last, I carried on the business of a tobacconist, at 13, Great Queen-street, Lincoln's-inn-fields. I am sixty-four years of age—one evening, about seven months ago, Tiddiman came and asked for some tobacco—I gave it him—he squeezed my hand and pressed up against me—I was behind the counter, and came to the front of it to take a glass of gin-and-water which I had made—he left in five or ten minutes.
COURT. Q. Did you sit down at the outside of the counter, and take your gin-and-water? A. Yes; I asked him to take a little of it—that was before he squeezed my hand—I went round and sat by his side, with the gin-and-water on a chair between us—he squeezed my hand when I laid the tobacco on the counter—he had not tasted the gin-and-water before I put down the tobacco; he squeezed my hand, both before and after—I noticed nothing particular in his conduct towards me—I thought it very strange his squeezing my hand, for a stranger—some time afterwards he got up to go; he got two or three Cuba cigars, which he paid for—he did not touch me after squeezing my hand—there was nothing extraordinary in his demeanour but that—I made no complaint to him before he left.
MR. COOPER. Q. Afterwards did he repeat his visits again and again? A. Yes; the second time he came, I gave him some money—I did so several times—he afterwards came with Bennett and Laidler, they both said they must have some money—I do not recollect whether Tiddiman was with them—it might be a week after Tiddiman came the first time—I gave them some money—I do not give money to every one who comes into my shop and asks me, but they threatened me with an assault on Tiddiman—I never committed it—they all three said they would accuse me of an indecent assault on Tiddiman—Tiddiman was with them then; I gave them, I think, two or three sovereigns—my niece did not make her appearance on that occasion—they left after that—the three came again, but Tiddiman came principally—I remember Jones coming again, that is him(pointing to him)—on 2nd March they all came again, except Sullivan—they said they would have a note for 50l.—I said I could not give it—they then said they would have one for 40l.; they then offered to take 30l.—they had a bill for 40l. drawn up by themselves, which they destroyed—they said it was nothing of mine—they then made out an "I O U" for 50l., and I signed it—I calculate that I have paid them about 50l. at various times.
Laidler. Q. On the first night you saw Tiddiman, when he had the gin-and-water, and pressed your hand, did you invite him into your bedroom? A. No; I sleep in the back parlour—I swear I did not sit on the bed with him—he walked in there himself that night—he did not go into the parlour on any other occasion.
COURT. Q. The first time you saw Tiddiman, did he go out of your shop till he left? A. No; I have no other room but the parlour; I have no smoking-room—he walked into the parlour just inside the door—I believe my bed was down, because I have it made generally about eleven o'clock—the shop and parlour open one into the other—I certainly followed him into the room, because it was strange that a stranger should go into the parlour—
I told him to go—I am certain of that—nothing particular struck me in his conduct at that time—I was surprised at his squeezing my hand, and walking into my bedroom—I felt disposed to kick him out of my house—I told him I never suffered any one to come in there—he did not stay five minutes after that—I did not go on with my gin-and-water after that—the shop was open, any one passing could see into it—when the room-door is open, any one can look in by the light of the shop—as far as an open view goes, it is a public place—the door is glazed as well as the window, the shop is nearly half as wide again, and half as long again as the dock of this Court—I was near the parlour with the spirits-and-water—that was not where I served him with the tobacco—I served him behind the counter, and then came forward to take the remainder of the refreshment—I take gin-and-water every night, because I take no malt liquor.
MR. PARNELL (with MR. WOOLLETT) contended, that upon this evidence, there was no case for the Jury that any threat of the precise nature alleged is the indictment had been made to the prosecutor; all that took place with him, pointed only to a charge of indecent assault, which would not support this indictment (See Reg. v. Middleditch, 1 Denison's Crown Cases, p. 92); that the expression used to Mrs. Legg could only be received as evidence to explain the nature of the previous threat to the prosecutor, there being no charge that by any threat to her, money was sought to be obtained from him; and that it had been held that the very term used to her "sodomitical" was of too vague and uncertain a meaning to support an indictment. See Reg. v. Bower, 3, Queen's Bench Reports, and Reg. v. Orchard and another, 3, Cock's Criminal Cases, 238. MR. BARON PLATT entertained no doubt whatever that there was evidence for the Jury.
Laidler's Defence. I left my situation as waiter at the Hanover Tavern on the last day of February; I met Tiddiman in Stacey-street, Soho; we drank together, and made an appointment for the next day, and I was taken to Mr. Wyatt's; Mrs. Legg demanded the nature of the case, and I asked him, and told her it was a case of an indecent assault; that is the only time I was in the house; it is quite false that I was there seven or eight months ago; when the "I O U" was got, I said I would have nothing more to do with the affair, which she will acknowledge; she begged me to stand by her, and she would hold me harmless; on Saturday, 9th March, she sent me half-a-crown to get the agreement stamped; I afterwards showed it to her; she said it was what she wished; I am mistaken for another person, Gardner, alias Harrisson, of the Lock Hospital; I have been quite drawn into it by Tiddiman; whenever they were going for money themselves, they drew me into it; I have been to the East and West Indies in ships, and have certificates of character; Mrs. Legg kept me in the case after I had said I would have nothing more to do with it; she said if I would stand by her till the case was settled she would hold me harmless; the 12l. I received of Mrs. Legg, which she said were for fees, was given over; I used no deception in the case; I gave no false name or address either to the police, at Somerset House, or to Mr. Wyatt; I considered I was doing nothing more than acting as a friend; I want Thomas Miles called.
THOMAS MILES . I keep the Hanover Tavern, Hanover-street. Laidler lived with me as waiter, I should think eight months—I do not recollect his leaving the house seven months ago, in the afternoon, between three and four o'clock—I cannot pretend to say he did not—it is usual for him to be there in the afternoon—I do not recollect him being absent in the middle of the day, about two months before Christmas.
COURT. Q. When did he leave your service? A. About a month ago—
he was in my service in September—if he asked for an hour he would be allowed to have it.
The JURY found the prisoners GUILTY upon all the Counts, and were of opinion that the prisoners threatened to accuse the Prosecutor of the crime stated.
MR. PRENDERGAST, JUN., on behalf of Sullivan, in moving in arrest of judgment, urged that the indictment was defective, in as much as it did not allege that the security sought to be obtained, was the property of the Prosecutor, and refered to the case of Reg. v. Parker, where such an omission was held to be fatal. MR. WOOLLETT, for Bennett, and MR. PARNELL, for Jones, made a similar notion, and referred to Reg. v. Norton, 8 Car.& Payne, 196. MR. BODKIN, is reply, contended that as this was a charge not of obtaining, but of endeavouring, by means of threats, to obtain, it was not necessary to show whose property the security was. See Reg. v. Clark, 1 Car. & Kir. 421. MR. BARON PLATT (having taken until Monday to consider the point) in giving judgment, stated that the question was, whether the indictment, which charged the prisoners with making the threat in question with intent to extort from the Prosecutor a valuable security, and did not state whose property that security was, could be supported or not. The statute on which the indictment was framed was 10 & 11 Vic., c. 66. s. 2, which made it an offence to accuse, or threaten to accuse, any person of the offence specified, with a view or intent to extort or gain from such person any property, money, or security. The words of the statute were exceedingly important, because one of them, viz. "extort," had a certain technical meaning which was defined in 2nd Salkeld's Reports; and when a man was charged with extorsively taking, the very import of the word showed that he was not acquiring possession of his owntion would be found in 2 Burn's Justice; and the language showed that it was not at all necessary that the thing extorted should be stated to be the property of any person, if it was wrested from the party upon whom the extortion was effected; and if that was the case, the present indictment was sufficient. In a case referred to (Reg. v. Norton) it appeared that the property was described in the manner contended for by the prisoner's counsel; but that was an indictment under another statute, which made it necessary that the party charged under it should actually obtain the thing sought to be obtained; that was not so in the present case, because, whether anything was obtained or not, the crime was complete; and whether the property belonged to the person threatened, or not, was quite immaterial; the offence was committed immediately the accusation was made with the evil intent stated in the indictment.
TIDDIMAN was recommended to mercy by the Prosecutor. Aged 24.—
Confined Two Years.
BENNETT. Aged 22.—LAIDLER. Aged 24.—JONES. Aged 24.—
SULLIVAN. Aged 39.— Transported for Life.
NEW COURT.—Saturday, April 13th, 1850.
PRESENT—MR. RECORDER; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and
Mr. Ald. CARDEN.
Before Mr. Recorder and the Sixth Jury.
MESSRS. CLARKSON, BODKIN and GORDON conducted the Prosecution.
HENRY VONHOLTE MORGAN . I am clerk of the checks in the Custom-house at the London Docks. The prisoner was an extra weigher—amongst other duties, he was employed as weigher in the tobacco-warehouse—tobacco is bonded there till the duty is paid, and it is taken out—it is packed in large hogsheads—in the early part of March, in consequence of information, I paid attention to the tobacco-warehouse—on 4th March I was at the warehouse—the prisoner was there that day, in the tobacco department—that gave him access to the tobacco that was there—I observed him leave the tobacco-warehouse, and thought he appeared rather bulky—I gave Shain some directions; in consequence of which he went after the prisoner, and soon afterwards I went from the warehouse to No. 3, Christian-street, to the house of a man named Inch—I found the house in possession of an officer named Bridges—the prisoner was not there; he was in custody—his wages were 3s. a day when working—the duty on the tobacco found on him would be nearly a guinea—he bore an excellent character.
JOSEPH SHAIN (Thames-policeman, 40). On 4th March I was near the tobacco-warehouse, in company with Mr. Morgan—I saw the prisoner come out about eight minutes past twelve o'clock—he appeared very bulky—I saw him join Inch in a public-house—they drank a pint of porter—I then followed the prisoner to 3, Christian-street, where Inch lived—Mr. Bridges was there—he took the prisoner into custody, and handed him to me—he said he had got some tobacco, but he did not wish to say where he got it.
WILLIAM THOMAS BRIDGES (Thames-police inspector.) I watched Inch's house on the 4th March—I had seen the prisoner going in and out of that house before that day—I saw him go in about twenty minutes past twelve o'clock—he was extremely bulky—I followed him into the house—I was in plain clothes—I felt him, and said, "What have you got here, tobacco?"—he said, "Yes"—I said, "Where did you get it from?"—he said he would rather not tell—I told him I was an officer, and he said, "My God, I am ruined"—I sent him away.
THOMAS FOREMAN . I am principal warehouseman of the tobacco, in the London Docks. There are warehouses in the docks appropriated to the Crown, for the reception of tobaceo on which duty has not been paid—they are under the Crown locks, and under the charge of officers appointed to watch them—two of those warehouses are over the wine-warehouses—this tobacco is very much damaged by being pulled about and handled, but it is not to be called damaged tobacco—it has not been injured by wet or otherwise.
JAMES CHRISTOPHER EVANS . I was in the neighbourhood of Inch's house, on 4th March—the prisoner was given by the inspector to Shain, and from him to me—I took him to the station, and found on him this tobacco, weighing 6 3/4 lbs.—it was chiefly in his waistcoat, and in the waistband of his trowsers, and some in his pockets.
EDWARD GEORGE WEALE . I am an officer of the Customs. On 4th March, I went with Evans and the prisoner to Wapping in a cab—I said to the prisoner, "I am rather surprised, Preece, to see you in this predicament"—he said it was a bad job; it was no use disguising it; he had got it from the London Docks.
GUILTY . Aged 33.— Confined One Year.
MESSRS. CLARKSON, BODKIN, and GORDON conducted the Prosecution.
Majesty's Customs. I know the prisoner—he was on duty with me on 4th March, trying the weights.
Cross-examined by MR. PARRY. Q. Have you been charged about this tobacco? A. No.
JOSEPH HALL (Thames-policeman, 56). In consequence of directions, I went on 4th March to the house of Inch in Christian-street, between three and four o'clock in the afternoon—I answered a knock at the door—the prisoner came in and walked into the back room—I followed him and felt his pockets—I said, "You have some cigars here"—he said, "Yes, it is all right"—I said, "I am a police-officer, you must come with me to the station"—at the station, he said, "Pray let me go; nobody will know anything about it but you and me;" and in going to the station he wanted me to go and get a glass of ale—I said I did not require it—he wanted to have a glass himself—I said he could not—he said if I would listen to him we could make matters up; let him go behind that wagon, and throw it away—I said, I could not do that, he must go before the Magistrate—he said, "I shall say no more"—I found on him 9ozs. of leaf tobacco, and the cigars.
Cross-examined. Q. Is it worth 2d. altogether? A. I do not know—I should say this is not what they call sweepings of the floor.
THOMAS FOREMAN . I am principal warehouseman in the London Docks. There are warehouses belonging to the Crown—the tobacco that is there pays duty to the Crown—it is bonded there without paying the duty—this is unmanufactured leaf tobacco.
(The prisoner received a good character).
GUILTY . Aged 42.— Confined One Year.
MESSRS. CLARKSON, BODKIN, and GORDON, conducted the Prosecution.
HENRY VONHOLTE MORGAN . I am clerk of the checks in the London Dock. I was at the Dock on 4th March—I know the prisoner—I saw him come out of the tobacco-warehouse that day about a quarter or twenty minutes past twelve o'clock with Clarke—I followed, and saw the prisoner go into Inch's house—I went into the house shortly after, and saw him in Shain's custody—at the station I saw 6lbs. or 7lbs. of leaf tobacco taken from him—I had seen him in the tobacco-warehouse two or three times that morning—I saw him leave, looking bulky—he was an extra-weigher in the service of the Crown.
Cross-examined by MR. BALLANTINE. Q. Is the tobacco here? A. Yes, this is it(produced)—I cannot tell whether it has been recently imported—there were several thousand packages in the warehouse; I presume some were open; I cannot say—I believe this is very good tobacco—sailors bring it over and smuggle it into the docks sometimes—what was in that warehouse was bonded—the prisoner's duty would sometimes take him on board vessels.
JOSEPH SHAIN (Thames-policeman, 40). On 4th March I was at Inch's house—the prisoner came there—Bridges was there—he asked the prisoner what he had got about him—he said, tobacco that he had got from the sailors—he was given into my custody—he said, "I am an old officer like yourself; just turn your head away while I get rid of the tobacco"—I said I could do nothing of the kind.
Cross-examined. Q. Have you stopped sailors with a good deal of this tobacco? A. I have at times, not with a great quantity—I have found this sort, but more generally Cavendish—there is an immense quantity of this brought to this country.
WILLIAM THOMAS BRIDGES (Thames-police inspector.) On 4th March, I was at Inch's house about half-past twelve o'clock—the prisoner came in—I said to him, "Your name is Evans"—he said, "Yes"—he walked into the back parlour—I saw he was bulky—I asked him what he had got—he said tobacco—I searched him at the station, and he had this nine ounces of leaf tobacco, and three ounces of Cavendish tobacco on him.
Cross-examined. Q. Do you know that sailors do bring from the Havannas, and other places, a great quantity of tobacco? A. From the Havannas they chiefly bring cigars—during the fifteen years I have been on duty I have only had two cases of this leaf tobacco found on them—that was in the docks—they do not very often smuggle it out of the warehouses.
Cross-examined. Q. What are you? A. Warehouse-keeper for the Crown—I have to see that no tobacco leaves without paying duty—tobacco of this kind in a perfect state might sell at 5d. a pound, and the duty is 3s. 2d.—there is an enormous profit to be got by smuggling it.
GUILTY . Aged 28.— Confined One Year.
MESSRS. CLARKSON, BODKIN, and GORDON conducted the Prosecution.
ELIZABETH JANE INCH . My husband lives in Christian-street—I have known the prisoner by his coming to our house—he began to come at the fall of the year, but I had not seen him for a long time—on Saturday, 2nd March, he came four times—he first came about twelve o'clock—he came again in an hour or more—he came again, it might be in about the same time; I cannot tell—the fourth time he came was about five—on two of these occasions he brought a small quantity of tobacco to be taken to the kiln to be burnt, I suppose, I cannot say—the first time he brought about a pound and a half, and the next time about the same quantity—I weighed what he brought, and paid him half-a-crown for each—when he came at five he stopped half an hour or more.
Cross-examined by MR. PARRY. Q. They did not charge you? A. No; only my husband—he was taken into custody—the prisoner was not paying his addresses to my daughter—my husband was not in the way when the prisoner brought this.
WILLIAM THOMAS BRIDGES (Thames police-inspector.) On Saturday, 2nd March, I was near Inch's house—I saw the prisoner go into it four times, and once or twice I noticed that he was particularly bulky in his coat pockets—on 10th March I apprehended him—I told him it was on a charge of stealing tobacco from the Docks—he said he knew nothing about it, and said, "Have you got any others?"—I said most likely he would have some company—I found some tobacco in his pockets—I said, "Here is some tobacco"—he said, "That is quite likely, I have been working at the tobacco-warehouse."
THOMAS FOREMAN . I am principal of the tobacco department in the London Docks. There are warehouses there belonging to the Queen, where tobacco is deposited till the duty is paid on it—the prisoner was a weigher—he had tobacco to weigh every day.
Cross-examined. Q. How much do the scales contain at a time? A. Twenty hundred weight—it is closely packed—the case is taken off it, and it is weighed; it is then replaced in the case.
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
NOT GUILTY .
(No evidence was offered.)
MR. THOMPSON conducted the Prosecution.
JOHN COLBY . I am a baker, and live in Greville-street, Leather-lane. On Sunday morning, 31st March, I was with Burge, going into a coffee-shop in Holborn, facing Gray's-inn-lane—the prisoner and a female were standing talking just inside the passage before you come to the inner door—the prisoner said to us, "Where are you coming to?"—we said we were going in to have some coffee—the prisoner said, "You are not coming here"—we said, "Why not?"—the prisoner hit Burge, and said, "That is why not"—Burge's nose sprung out with blood, and three more from the street came upon Burge—I said to the prisoner, "That was a cowardly action;" and he rushed upon me, struck me, and threw me down—while I was down, the female who was with him struck me on the head till it bled—while I was down, the prisoner's hand was in my pocket—I had two half-crowns and a crown-piece there—I felt his hand there, and I took hold of my clothes to prevent his taking my money—he took his hand out, and I felt in the pocket, and missed a half-crown—I had had my hand in my pocket just before, feeling my money—the half-crown was found at the station—I did not carry that half-crown to the station only the one that I had still in my pocket—the policeman came up while I was bleeding—I said I had been robbed of a half-crown—the prisoner was brought forward, and I said, "That is the man,"
Cross-examined by MR. PAYNE Q. What time was it? A. About half-past twelve o'clock, on Saturday night, 30th March—Burge is rather shorter than I am—the prisoner was standing with a woman inside the doorway—all that I had drunk in the evening was two glasses of port wine—I saw a half-crown piece at the station.
ALFRED BURGE . I am a baker, of Shoe-lane. I saw Colby on the ground—I was first struck by the prisoner—I had not done anything to him—Colby spoke on my behalf, and then three rushed out on him—whether they knocked him down I do not know—I saw them on him—when he gave the prisoner into custody I was in the mob, looking for my hat, which I had lost—I saw the half-crown found under the prisoner's feet at the station—I did not carry it there.
Cross-examined. Q. Did you go before the Magistrate? A. Yes, but I was not examined—I did not see that the prisoner had a black eye; I did not give it him—we did not push against him, and push him against the door—we were going to have a cup of coffee before we parted—there were four of us.
found a crowd of 100 persons—Colby was leaning against the shutters, bleeding from the head—he said he had been assaulted and robbed—the prisoner was pointed out, and I said, "Is this the man?"—he said, "Yes; I give him in charge"—I searched the prisoner at the station, and found on him 12s. 8 1/2d. and a half-crown piece was found under his feet—the prisoner said, "Oh, you bad man, you have put that there yourself."
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 21.— Confined One Month.
MR. HUDDLESTON conducted the Prosecution.
JOHN WITTPEN . The prisoner was in the service of Mr. Frederick Bowman and another, sugar-refiners, Alie-street, Whitechapel—this copper pipe belongs to them—these pieces were lost from the back of the yard—I saw it safe about three months ago—the pipe was whole then—I cannot say whether the prisoner was in their service then, but he was on 30th March, when the pipe was lost—I have been in their employ nearly twelve years.
Cross-examined by MR. PARNELL. Q. Where was this pipe? A. The last time I saw it, it was loose, and lying on some hoops—I described it to the officer before I saw it, by there being a little piece out at the end—this pipe fits the cock.
THOMAS PETERS . I am foreman of the carpenters at Messrs. Bowman's. The prisoner was in their employ—his wages were 18s. a week—this pipe appears to have been lately broken up—the prisoner was absent at dinner-time on 30th March.
Cross-examined. Q. How long has he been in their employ. A. On and off, about eighteen months—they had a good opinion of him.
ROBERT GIFFORD (policeman, H 89.) On 1st April, I went to Mr. Frost's shop, a working coppersmith, in Brick-lane, Spitalfields—the prisoner was there—these five pieces of copper pipe were in a handkerchief on the counter—I said to the man in the shop, in presence of the prisoner, "Who does this belong to"—he said, "This man," meaning the prisoner, "has brought them in to sell, and I leave it to you to do with it as you please"—he said his name was John Wenn, of White Hart-court—he said a man in the street, named Smith, gave him the pipe to sell—that he had been out of work four or five months; his wife was in the hospital; he had five children, and was glad to have something to do.
GUILTY . Aged 34.— Confined Six Months.
FLORENCE NEAL . I went upon a scaffold to the prisoner, on 2nd April, and asked him to furnish me with work—his answer was, "Go to b——, or else I will knock you off the scaffold"—I said, "That is more than you dare to do"—he moved away, and I followed him, and asked him whether there would be any chance of the men getting their money, and should I get my few halfpence—he then struck me, and I struck him—he got from me, picked up a brick, and threw it at me—it hit me on the forehead—I gave him in charge—I was taken to the hospital, and remained from Tuesday till Saturday.
Prisoner. He was quite tipsy when he came; and I told him if he did not go away I would get a policeman; I went seventy or eighty feet from him; he kept following me, and jobbing his fingers in my eyes; I could not go a step further without falling fourteen feet.
DANIEL DEMPSEY . I was on the ground, and saw the prisoner and Neal on the scaffold quarrelling—the prisoner struck first, and then Neal struck him again—the prisoner then went a short distance from him, took up a brick, and threw it at him—the prosecutor was not near the edge of the scaffold, he was between two uprights—he would not have been in danger of falling—he was about ten feet from the end of the scaffold.
Prisoner. Q. Was Neal drunk? A. I cannot say—he appeared stupid.
The Prisoner called
JAMES ELLIOTT . I was on the scaffold—Neal came up intoxicated—he went to the prisoner, and asked for a job—he said he had none, and if he had he would not give him one—Neal said, "Pay me what you owe me"—he said, "I owe you nothing"—Neal put up his two fingers to his face, followed him to the far end of the scaffold, and said he would knock him off—he could not go further, he was in the act of falling, he saved it by balancing himself—I did not see any blows struck, Neal kept putting his fingers in his face—the scaffold is only four boards wide—I have known the prisoner thirty years, and never knew anything against him.
GEORGE NORTON . On 2nd April, Neal came drank to the scaffold, and asked the prisoner to give him a job—he said, "No"—he asked him for money, and he said he would not give him money—the prisoner went to the end of the scaffold, and Neal said he would throw him off, and break his neck—I did not see any blows struck, nor any brick thrown—the prisoner had been going away from Neal—I cannot say how near he was to the edge—I was busy, and did not notice.
ROBERT GIFFORD (policeman, H 89). I know Neal—I have had opportunity of witnessing his conduct for the last two or three years—he is one of the most outrageous characters on our division—it took two or three men to bring him to the station.
COURT to FLORENCE NEAL. Q. Do you hear what he says? A. Well; it might have been so, I being drunk.
NOT GUILTY .
JOHN HORSPOOL . I live at Limehouse. The prisoner was employed to take care of my children—she left my house last Saturday, without notice—I missed two blankets—they were found at the pawnbrokers—these are them.
Prisoner. I lent one to Mrs. Woodcock, she pawned one, and I pawned the other; he knows that Mrs. Woodcock pawned it. Witness. I gave you a charge to lend nothing to any one.
ANN WOODCOCK . I pawned one blanket for 2s.—the prisoner gave it me on the night before I pawned it—I wanted a shilling, and she said she would lend me a blanket—I went, and she gave it me—I did not open it till I got to the pawnbroker's—when I got it out I was to give it her again—I was in the meantime to use the money—she said I was to get it in a few days, when she was going to wash—I thought it was her own.
station, she said she pawned one, and lent one to Woodcock—she gave me the duplicate of the one she pawned.
Prisoner. Mr. Horspool owed me more than the amount of the blanket; I had to lay out money for him.
MR. HORSPOOL re-examined. I do not owe her money—I gave her 4s. only two days before—she had no occasion to lay out anything—I have not the least wish to hurt her—she has had an honest character.
NOT GUILTY .
THIRD COURT.—Saturday, April 13th, 1850.
PRESENT—Mr. Ald. FINNIS and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 18.— Confined Six Months .
816. ELIZABETH OWEN , stealing 1 table-cloth, value 10s.; also, 5 table-cloths, 4 sheets, 6 spoons, 4 forks, and other articles, value 15l. 9s.; the goods of William John Newington, her master: to which she pleaded
GUILTY.—Recommended to mercy by the Prosecutor .— Confined Four Months .
(There was another indictment against the prisoner.)
GUILTY .— Confined Three Months .
(There was another indictment against the prisoner.)
GUILTY .— Confined Twelve Months .
GUILTY .— Confined Six Months .
GUILTY . Both aged 16.— Confined Eight Days, and once whipped .
GUILTY .— Confined Six Months .
GUILTY .— Confined Twelve Months .
(Lockington received a good character.)
About the middle of March I paid the prisoner 1l., for advertising in The Chat—he gave me this receipt.
EDWIN DIPPLE . I live in Holywell-street, and publish The Chat. The prisoner was in my service from Jan. till 18th or 20th March—he used to collect advertisements for me—he had no authority to collect money unless he had a printed form given him—he had no printed form given him for these sums.
NOT GUILTY .
MARTHA ANN LOMPECH . I am the wife of Charles Lompech, of Fore-street, City. The prisoner was in our service up to 26th March—she then left of her own accord—five days after that, I missed four sovereigns, a cornelian snap, a watch-guard, and one yard of black silk from my bed-room—the money was in a piece of paper in a trunk, and the other things in a bonnet-box—the trunk was locked, and the key was in the pocket of a dress that hung up in the same room—when I missed the things the key was still in the same place—I communicated with Sergeant Teakle, and on 3rd April the prisoner was taken into custody—I went to the station, and found the watch-guard and some silk.
Cross-examined by MR. PAYNE. Q. How long was she in your service? A. Eleven weeks—she was nurse-maid—we have three other persons in our employ, who have been with us six or seven years—no one but the prisoner was allowed in the bed-room—she did not sleep in the house.
GEORGE TEAKLE (police-sergeant, H 8). On 3rd April I went to a house in Fleet-street-hill, Bethnal-green, and found the prisoner there—I told her her mistress suspected her, and I was come to search her box—she opened the box, and began throwing out the things in a great hurry—she had something in her left hand—I caught hold of it, and she dropped a piece of paper containing two sovereigns and some silver—she said, "For God's sake, don't say anything about it"—I examined the box, and found this silk and this watch-guard (produced)—there was a young man in the room—on the way to the station, she begged of me a great many times to keep the money, and say nothing about it.
Cross-examined. Q. Do you know her father? A. Yes; he is a respectable man—I am afraid the young man who was with her is at the bottom of this.
MRS. LOMPECH re-examined. This watch-guard and silk are my property.
MR. PAYNE. Q. How do you know the silk? A. It was dyed expressly for me first in the trade last spring—I bought all that was dyed—it may have been dyed for other people—there is no mark upon it, but I swear I missed all the colours before the prisoner left—I know the watch-guard by the make of it—I did not make it myself—I have had it two years, and used to wear it—there is no mark on it, but it is torn a little. GUILTY. Aged 16.
(Strongly recommended to mercy by the Jury.)— Judgment respited .
(Mary Ann Smith, 2, Fleet-street-hill; Robert Manshee, South Conduit-street, Bethnal-green; and Edward Smith, of Bethnal-green-road, gave the prisoner a good character.)
WILLIAM JORDAN . I lodge at the prisoner's husband's house, in the front-room first-floor; I leave home at seven o'clock in the morning, and return between five and six—I had a large quantity of clothes piled up on a heap
against the partition that separates my room from the prisoner's bedroom—they were what I had purchased at different times, and were for sale—there were trowsers, coats, and waistcoats—about four months ago, I missed ten coats out of nineteen, and on overhauling the things last Tuesday, I missed about twenty-five pairs of trowsers, about three dozen waistcoats, some boy's jackets, two or three scarfs, and a table-cloth—I gave information, and Dubois went with me to the house—he came again next day, and searched the part of the house the prisoner lives in, as well as my part—I saw him find the clothes—these are them (produced)—I think this pair of trowsers is mine; I am afraid to swear to them—I know this tablecloth; I have the fellow to it—it had my mark on it in red—(the one produced was marked in blue)—I will positively swear this waistcoat is one of those I lost, and this great coat, and these trowsers.
Cross-examined by MR. WOOLLETT. Q. How can you swear to that waistcoat? A. By the pattern—I have lived in the house three years—the prisoner's husband has been there more than that—I have never heard anything against the character of either of them—I have beard they have been in great distress lately—there is no suspicion against her husband.
HENRY WILLIAM DUBOIS (police-sergeant, N 14). On 8th April, I went to the house—I went into the kitchen, saw the prisoner there, I told her I was an officer, and I should take her into custody for robbing the prosecutor of several waistcoats and trowsers—I cautioned her not to say anything about the charge—we went to the bed-room, and while we were searching it, she said, "I did it, and no one else; I do not know what induced me to do it; you will find all the things pledged at How's, in the Kingsland-road, and Edwards's, in Hoxton New Town, all in my name"—I went and found the things—there were twenty-nine pledges. The prisoner here pleaded
GUILTY ; and received a good character.— Confined Four Months .
Cross-examined by MR. BALLANTINE. Q. How do you know her name was Jane Harwin? A. She gave that name at her marriage, that is all I knew about her—she has a couple of children by the prisoner—she does not prosecute this case.
Cross-examined. Q. You are the prosecutor in this case? A. Yes; I met the prisoner in the City, and he followed me home—he asked me if I was engaged, and I told him to go about his business—he called on me two or three days after—I was then house and lady's-maid to Miss Rosser—he was in the habit of visiting me there continually—I had no other visitors besides him—I am thirty years old—I did not insist on his marrying me—I wished him three or four times to break it off—he said he would destroy himself in less than twelve hours unless I married him—we were married on a Tuesday—I had been in his company from the Sunday—we were to have been married on the Sunday—he went home with me on the Tuesday night, and left at half-past five o'clock on Wednesday morning—I believe he has been living with his wife since—he has been allowing me 10s. a week—he did not give me anything the first four weeks—I found out he was married on the Monday after he left me—he promised to write on the Wednesday when he
left; he did not do so—I went to my desk to look for some letters he had written me, and found they were gone—I then went to the factory where he worked, and found he was married—that was the first idea I had of it—I had no difficulty in finding it out—I knew before I was married where he worked—Mr. Allan, my mistress's sister's husband, had been there to make inquiry about his character before—he made no concealment as to where he worked—he told me he had had a couple of children, and one had died before we were married, but I found out it had not—he was taken ill on the Sunday when we were to have been married—there had been a day fixed before that, and he disappointed me then—I know a person named Ann Easter—she is servant to a Mr. Tomkins—she came to our house three or four times while the prisoner was courting me—she never saw the prisoner there—I cannot say whether she knew the prisoner was married—I am not intimate with her.
GEORGE LAMBLEY . I am a constable of the Norfolk force. I apprehended the prisoner at his house at Siderston, in Norfolk—I told him he was charged with bigamy and robbery—he said the robbery was a false charge, but as to the other he would say nothing about it.
GUILTY . Aged 38.— Confined Twelve Months .
GUILTY . Aged 50.— Confined Twelve Months .
NOT GUILTY .
GUILTY .— Confined Six Months .
OLD COURT.—Monday, April 15th, 1850.
PRESENT—Mr. BARON PLATT; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
FINNIS; and MR. COMMON SERJEANT.
Before Mr. Baron Platt, and the Third Jury.
MR. PARNELL conducted the Prosecution.
ELIZABETH MEDWAY . I am housemaid to Dr. James Miller, of 40, Welbeck-street. On Friday afternoon, 22nd March, about three o'clock, I was sent by Mrs. Miller to the Dispensary in the Edgeware-road—before I went out, I saw the plate all quite safe in the pantry cupboard—I came back about four—I went to the pantry cupboard about five, and the plate was all gone—there were three small spoons, one gravy-spoon, one table-spoon, three small forks, two large ones, and a butter-knife—these are the (produced)—they have Dr. Miller's crest on them, and are his property.
Cross-examined by MR. WOOLLETT. Q. What servants has Dr. Miller?
A. Four female servants—there is no man-servant—Dr. Miller is a physician—all his silver is marked in this way.
Cross-examined by MR. PAYNE. Q. Did you remain at home from four o'clock till you missed the plate? A. Yes; it must have been taken between three and four.
COURT. Q. Who cleaned the plate that day? A. It was not cleaned—some of it was left clean, and some had been used at lunch about two o'clock—I put it in the pantry—I take care of the plate in use.
THOMAS PETHERS (policeman, D 98). On Friday afternoon, 22nd March, I was on duty in Welbeck-street, and saw the two prisoners standing by the corner of Mill-hill mews, which is about 300 yards from No. 40, Welbeck-street—they were on the opposite side to me—I stood still looking at them for a minute or two, and then Parraty crossed over to me, and said, "Is that the way to Paddington station?" pointing up the street towards No. 40—I said, "Yes"—he then went back again, and they both went away together in that direction—I could see No. 40 from where I was—I did not notice how far up the street they went, for I went round my beat.
Cross-examined by MR. WOOLLETT. Q. How far were you from the man you say was Dawson? A. I should say about twenty yards—this was about three o'clock—there were not a great many persons in the street at the time.
Cross-examined by MR. PAYNE. Q. You did not give your evidence until five days after this, did you? A. No; the prosecutor's house is not in my beat—part of Welbeck-street is.
COURT. Q. Did you know either of the prisoners before that day? A. No; I pointed them out on the Wednesday after.
MR. PARNELL. Q. When did you first hear of any persons being in custody on this charge? A. On Saturday morning—I cannot recollect at what time—it was after the prisoners had been examined and remanded—I heard of it from one of the constables.
HENRY ATTWOOD (policeman, F 152). On Friday evening, 22nd March, I was in company with Ashman, in Crown-street, Soho. About half-past six o'clock I saw the prisoners arm-in-arm—I took Dawson into custody, on suspicion of a robbery of plate in Mecklenberg-square, not on this charge—I told him what I took him for—he said, "Very well, I will go with you"—the sergeant took Parraty—he went some distance—I then looked round and saw the sergeant and Parraty scuffling—the sergeant was down on his back—before I could look round again Dawson ran away, and a person came against me and said, "Where are you coming to?" and stopped me—I pursued Dawson, crying "Stop thief!" and he was stopped by another con-stable—I again took the charge of him, and took him to the station, and while searching him he put his hand into his pocket and said, "Harry, I will give you the wedge"—my name is Henry—I said, "Allow me to take it out of your pocket"—I put my hand into his left trowsers' pocket, and took out these eleven pieces of plate—wedge is a cant word for plate.
Cross-examined by MR. WOOLLETT. Q. Have you ever said that before, about his saying, "Harry, I will give you the wedge?" A. Yes; I believe so.
JAMES LEWIS ASHMAN (police-sergeant, F 1). On Friday evening, 22nd March, I was with the last witness in Crown-street, Soho, and saw the prisoners there arm-in-arm—I saw them go into the Bull's Head—I stayed outside—they remained there four or five minutes, came out together, and I stopped them—I took Parraty, and told him I took him on suspicion of a plate robbery in Mecklenberg-square—he said, "Very well, I will walk quietly"—I had seen him several times before—he walked quietly part of
the way, and then tried to trip me up—we bad a tussle, and both fell into the street—a shopkeeper passing, assisted me up—I held the prisoner fast, and took him to the station.
Cross-examined by MR. PAYNE. Q. You found a knife, two sixpences, and fourpence on him, I believe? A. Yes; no plate.
COURT to THOMAS PETHERS. Q. When did you come on duty? A. A quarter before two o'clock—my duty lasted till nine—I know the time I saw the prisoners, as there are several clocks there—I had to walk from Regent-circus, Oxford-street, round Wigmore-street, up into Regent-street again, and to take the streets that came is and out—it generally takes an hour to go round the beat, and I had then been once round, and nearly half round again—I should think I had been an hour and a quarter on duty—it was about three o'clock.
MR. WOOLLETT requested that Dawson might be allowed to make his own statement to the Jury, to which the COURT consented
Dawson's Defence. About five o'clock on Friday afternoon, 22nd March, I was at the foot of Primrose-hill, and observed two lads hiding something in a heap of rubbish—I went there and found the plate—I put it in my pocket—I went home and consulted with my wife—I thought it best to take them to Bow-street station, and was going there when I was apprehended.
MR. PAYNE called
MARY ANN HARLEY . I live at 3, King's-place, Queen-square, Westminster. I am married, my husband is a labouring man—I know Parraty—he has lodged at our house—the last time he came was on 15th March—he remained till the 22nd, and left that day about half-past five o'clock—he is a tailor—he made a suit of clothes for my son, for which he was to have 30s., I believe, and the last job be did was to line my cloak—he finished that at half-past five—he had been there the whole day—I cannot say how many hours he was doing the cloak—he got it from me at ten—I did not notice what time he began it, but he finished it as he sat at his tea, about a quarter or twenty minutes past five—he was at work for me all day—my eldest son John came home about one or two, and he stopped with him a few hours, and drank tea with him—I expected Parraty home about ten, but he never came; this was on Friday.
Cross-examined by MR. PARNELL. Q. How many rooms has this house? A. Six; I occupy the two parlours on the ground-Hoot—Parraty slept with my son John, in the back parlours—he was in the front parlour all day long while he was at our house—he was at work all day Friday, and all the week before, except Sunday—he made a pair of trowsers, a waistcoat, and a coat for my son—my sons, Dennis and Roger, also lived in these two rooms—I have a daughter, but she is in a situation—my grandchild, my husband, and I slept in one room, and my sobs and the prisoner in the other—my son John is a painter—he is not to say in good work; he is jobbing—on the Friday afternoon there was no one at home but me, my son, and Parraty—my son only came home to his meals—he came home between one and two—I did not particularly notice what he was doing—he could go in and out—Parraty had lodged with me before this time, and worked for my children—he is a well-behaved young lad—he has lived there four or five years, backwards and forwards, when I had work for him to do, not at other times—he is no relation of mine.
COURT. Q. What did he make for your son? A. A coat, waistcoat, and trowsers, for which my son paid him 30s.—the clothes were for Dennis—he paid me 2s. 6d. a week for lodging—I drank tea with them that evening—
we only had bread, and butter, and tea; no coffee—there was only the prisoner, my son John, myself, and the child sat down to tea—we had all finished at half-past five—I have a Dutch clock—I did not go before the Magistrate—I did not know that Parraty was in custody until I sent my son after him, as I had another cloak for him to line—I do not know Dawson—I never saw him.
JOHN HARLEY . I am the last witness's son, and know Parraty. On 22nd March I saw him at my mother's room, from five to twenty minutes past—I then left to go to my work, at Mr. Gillingham's, Eaton-street, Pimlico—I saw him at breakfast at eight o'clock, at twelve at dinner, and five when I came home—after dinner I left at ten minutes to one, and I was not there again until five—when I came home to dinner the prisoner was making my brother's clothes—I did not take notice what part it was—I believe it was trowsers that he was finishing—I did not take any notice, as they were not for myself.
COURT. Q. I suppose you know a cloak from a pair of trowsers? A. I dare say I do—I cannot swear whether it was a cloak or trowsers he was making—I did not look at them at all—I did not take them up in my hand to look at them—they were eight or ten feet from me—I should think the room was ten feet long—we took tea in the front parlour—we had tea, and bread and butter—nothing else that I am aware of—there was no coffee—there was my mother, Parraty, my sister's child, and me—the clothes were lying all together, across the room, at a table the prisoner was working at—I saw him at dinner and breakfast—he was then working—I did not take notice what it was at—it was for my brother—Dennis had not paid for any work at that time—he has not paid for them since Parraty has been in prison—it was paid before, on the morning of 22nd, after the work was done—then he began lining my mother's cloak—I do not know whether he was at work at that when I came home to tea—we went before the Magistrate, and the policeman would not allow us in.
DAWSON— GUILTY . Aged 23.— Transported for Seven Years .
PARRATY— GUILTY .* Aged 22.— Transported for Ten Years .
Before Mr. Recorder.
831. THOMAS MONK and JOHN WHITE , feloniously breaking and entering the dwelling-house of John Reed, and stealing 8 gauges, and other tools; the goods of George Tredwell, and others; the goods of William Robert Denson.
WILLIAM ROBERT DENSON . I live at 12, Wigmore-place West, and worked at the shop of John Reed, in Albert-mews, Shoreditch—he lives in the house, and rents the shop—on 9th March, I left the shop shortly after six o'clock in the evening, leaving my tools there—I went next morning at half-past ten, and found the shop door forced open, and missed the tools.
half-past eight o'clock, I saw the prisoner in Goswell-street, about a hundred yards from Mr. Peachey's—Monk was carrying this basket—I could see he had something in his pockets, and knowing that he had only come out of prison that morning I followed them into St. John-street, not having assistance—White went into a pawnbroker's there—they came together again, and then White went into Mr. King's, a pawnbroker, in St. John's-street-road—finding I could not meet another constable I took White, while Monk was gone into Mr. Walters' to pledge a saw and plane—I then went and took Monk, and took them both to the station—I took these thirteen tools from Monk's pockets, and this pair of pincers, which I remember having taken from him on a previous occasion, when he was in company with two men who were apprehended for burglary—they were then given up to the woman where he lodged, as she said they were hers—I examined the door of the prosecutor's shop, and found marks on it corresponding with these pincers.
Monk's Defence. I bought two gauges, and some other tools, in Old-street-road, of a man whose face I know, but I do not know where he lives; I met White at the top of Old-street-road alter I pledged these articles.
MONK— GUILTY .* Aged 22.— Confined Eighteen Months .
WHITE— GUILTY .†Aged 21.— Confined One Year .
NEW COURT.—Monday, April 15th, 1850.
PRESENT—MR. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. CARDEN.
Mr. Recorder and the Fifth Jury.
832. JONATHAN COE, WILLIAM HOWE , and WALTER PHILLIPS , breaking and entering the dwelling-house of Richard Stowell, and stealing 1 brooch and other articles, value 25s.; his goods; 1 coat, value 30s.; the goods of Richard Stowell, the younger; and 1 waistcoat and 1 pair of trowsers, value 10s.; the goods of Job Elliott.
MR. BIRNIE conducted the Prosecution.
CAROLINE STOWELL . I am the wife of Richard Stowell, of 6, Newcastle-place, Mile-end, in the parish of St. Dunstan's, Stepney. On the evening of 20th April the prisoner Howe came to my house—he told me that my son Richard had met with a serious accident, that two men had taken him up, and he was to go to the London Hospital, but he refused to go till he saw me—he then gave me a letter—I asked him to walk in—I took him into the back parlour, and read the letter by the fire-light—I said as soon as I had changed my dress I would go—he begged me not to wait, but to go directly—I asked him if he was going back—he said, "Yes"—I told him to be kind enough to tell my son I would come directly—I went and asked Mrs. Love to come over, and left her in my house—I went by the bus to Stratford, where my son was—I found him quite well, and at work—I returned by the train, and found my front-room had been stripped—four sheets, two dresses, two petticoats, a frock-coat of my son's, a coat of Mr. Elliott's, a waistcoat, and pair of trowsers, were all at the station when I returned, and a black bag which was not mine—I never saw it before—they had put the things into that bag, and left it behind—these are the articles—the letter was not my son's writing—I stood at the door looking at Howe, and have no doubt he is the man—there was a gaslight there.
Cross-examined by MR. PAYNE. Q. You never saw the person that
brought the letter before? A. No; I was a little flurried when I heard about my son—I hurried myself as much as I could to get ready.
ELIZABETH LOVE . I live in Newcastle-place, opposite Mrs. Stowell. On the evening of 21st March I took charge of her house, at her request—when she left I locked the house up, and went to my own house—I was absent ten minutes or a quarter of an hour when my lodger told me something—I looked, and saw a light in the front room, and saw the shadow of a man walking about—my husband went to the door, and knocked—he then opened the door with the key, and called out, "Who is there?" two or three times—no answer was returned, and I said to him, "Go for the policeman"—I remained at the door—I heard footsteps coming down the stairs—I called out, "Who is that?"—directly afterwards I heard footsteps in the passage, and Coe passed my right arm, and Phillips my left—I turned directly, and pursued them—they ran off—I am sure they are the persons—the gas was full on their faces—I have no doubt of them whatever—when Coe was brought back, I went up-stairs with the policeman—I found the chest of drawers in the front chambers open—the things were all out, and taken to the back room, and great part of them had been put into a bag—the front room was all in confusion.
Cross-examined by MR. O'BRIEN. Q. Did you lose sight of them? A. Yes; the policeman brought me to see Phillips, between nine and ten o'clock on Saturday morning—I saw him come out of the cellar alone, and I said, "That is the man"—the policeman did not tell me he had the man who was with Coe—he said he had got a man, but he did not know whether he was the man.
FRANCIS DEFRATES (policeman, K 61). On 21st March, a little before eight o'clock on the evening, I was on duty in Mile-end-road—I heard a cry of "Stop thief!"—I looked across the road, and saw Coe running from Harlow-place—I ran after him—he was stopped by a young man—I took him to Stowell's house, and left him in charge down-stairs—I went up-stairs, and found everything in confusion, and the glass lying on the bed—in the back room I found this black bag, and these things in it, and a candle by the side of it, which had been put out—I asked Mrs. Love if she knew Coe—she said, "Yes, certainly; that is the man that ran past me."
GEORGE AYTON . I am a carpenter, of 7, Harlow-place. On Thursday, 21st March, I was passing—my attention was called by a person singing out, "Stop thief!" and in less than a moment two men rushed by me—there was not a soul in the road but them—I kept sight of Coe, who was one of them, till he ran into a policeman's arms—I swear he is the man—he must have been about five yards from 6, Newcastle-place, when I first saw him—he was running with all his might—I gave chase—I saw them both rush by me—Phillips is about the stature of the other man—he had a cap on.
THOMAS KELLY (police-sergeant, H 2). I was present when Coe was examined on the 22nd; and knowing his companions, I apprehended Howe, at a lodging-house in George-street, Spitalfields—I told him he was charged with others in breaking and entering a dwelling-house in Mile-end-road—he said nothing, but on the way to the station he asked how many more were in it—I said, "I don't know, you know best"—I know all the prisoners, and know them to be associates—they are together commonly, I believe they live in the same lodging-house, I have seen them there repeatedly—they wear caps.
Cross-examined by MR. PAYNE. Q. What time did you take Howe on the Friday. A. About four o'clock.
Coe.There is a policeman here that knows that I do not live at that lodging-house. Witness. You are there always, day and night.
EDWARD WIGLEY (policeman, H 141). I apprehended Phillips about ten o'clock on Friday night, 22nd, in George-street, Spitalfields, at the same house where Howe was taken—I told him the charge—he said he knew nothing about it—in going to the station I told him not to walk so fast—he said he had got into it, and he wanted to get out of it as soon as he could—I have frequently seen the prisoners together, both day and night, since February last, and as late as eleven or twelve o'clock at night—I believe they lodge at that house.
COE— GUILTY . Aged 20.
HOWE— GUILTY . Aged 21.
PHILLIPS— GUILTY . Aged 23.
Transported for Ten Years .
JOSEPH DAVIS . I keep the Crown public-house, in Great Ornond-yard. The prisoner was my potman—on 13th March, on my return home, I found he had been drinking—from some information, I went into the cellar and found the tap of the puncheon of rum was running about the cellar—the earth of the cellar was damp; it would take the impression of a shoe—I found the prints of the nails of a shoe there—I nave compared the prisoner's shoes with the marks—they appear to be made by them—I asked the prisoner for the key of his room, which is on the ground-floor—he was rather flurried, and said he could not find it, lie thought he had sent it in his jacket pocket to the washer-woman, but it was in the door—I found, in the cupboard in room, two gallons of gin in a stone bottle of mine, and a pewter-pot full of gin on the table—he followed me into the room, and I asked him if he was not ashamed of himself—I ordered him to take his things, and go off about his business—he returned, and I put him out; he returned again, and I gave him into custody—I found a bottle of rum, and another of gin, in the coal-cellar—I noticed the flavour and quality of the gin; that in the pint-pot on the table, was from the puncheon in the cellar—I generally keep the key of the cellar in the bar—the prisoner had access to it—he sleeps in that room, and keeps the key—he had left the key in the door—I do not allow him to take the key of the cellar, and go in.
LOUISA DAVIS . About half-past three o'clock, I had occasion to pass the cellar door, to go to the coal-cellar; I found the cellar-door was wide open—my mother gave me the key, I locked the door, and brought the key up to my mother again—she put it in the bar—it was after that, that the gin and rum were found in the prisoner's room.
SARAH DAVIS . I heard from my daughter that the cellar-door was open, I gave her the key to fasten it—I afterwards hung the key up—my husband came home between four and five o'clock, I told him what had occurred, and he went down and made this discovery.
Prisoner's Defence.I had not been in the wine-cellar that day; I had not been in the room since the morning; I left the key in the door; there might have been a dozen people down in the cellar.
GUILTY . Aged 26.— Confined One Year .
MR. O'BRIEN conducted the Prosecution.
RICHARD GOGGIN . On 1st April, I and some other friends were drinking at the Harrow, at Poplar—I went there between three and four o'clock in the afternoon—I stopped till about eight—the prisoner came in between four and five—I was sitting in the parlour—she went out and came in again—she called me a son of a b——; I had not said anything to her—I followed her into the passage, and attempted to strike her, but did not—she turned round and struck me in the eye, I cannot say what with—it bled, and I went to a surgeon.
Cross-examined by MR. BIRNIE. Q. What are you? A. A labouring man—I cannot say whether the prisoner was sober or not—I was in liquor—I cannot remember striking her—I will not swear I did not—if this blow had not come on my cheek, my blow would have come on her—my hand was up—she ran away from me, from the parlour into the passage—I overtook her—she stopped, and turned round—she had not come to the bar, or to the wall—she could have gone four or five feet further—I do not remember using any strong language to her—I will not swear I did not—I believe I did not say, "I will have your life," or "I will give it you"—I have known her some time—I did not see any knife.
JAMES GOLLIKER . I was with Goggin and two or three more—the prisoner came in a second time, between seven and eight o'clock—she called Goggin a son of a b—; that was the first thing she said in my presence—I do not know what led her to do that—he got up—she ran away, and be after her—I saw her draw her hand out of her pocket with this knife open in her hand—she struck him with it—he bled—the knife was given to Mary Gillman, who was standing at the bar—I went for a policeman, and gave the prisoner in charge—Goggin might nave struck her, but not in my presence—we were all pretty well tipsy.
Cross-examined. Q. Was the prisoner drunk or sober? A. I cannot say—she had been dancing and rollicking, it being fair time.
ROWNALD ROBINSON . I am a surgeon. I examined Goggin's cheek, and found an incised wound immediately under the right eye, an inch and a half long, and half an inch deep—such a knife as this would inflict it—it would have required much force to inflict it with this knife—I considered the wound dangerous from its proximity to the eye—it was less than a quarter of an inch from it—I was obliged to sew it up.
THOMAS WATKINS (policeman, K 310). The prisoner was given in my charge a little after eight o'clock—she was perfectly sober—she said, "I will go with you"—I got this knife from Mary Gillman—I saw no marks of blood on it—the prisoner went dancing and singing to the station—she was squaring at me, and said, "Don't touch me."
Prisoner's Defence.I had a knife open in my hand, peeling an apple.
ELIZABETH KELLY . I was in the public-house—a woman who cohabits with Goggin said the prisoner had got a large bustle—some words took place, and Goggin said if the prisoner struck that young woman he would strike her—the prisoner went down the street to pet out of his company—she came back with a young man, and went into the parlour and said she would have a dance—she began to dance, and when her back was towards Goggin he lifted up
her clothes with his foot—she asked him what he did that for, and he made use of shocking language—she told him not to do that again, and went to another part—when it came to her turn to come there again, he slapped her on the face, first on one side and then on the other—she told him not to do that again—when it came to her turn to come there again, he struck her again—she went towards the door—he struck her on the top of the head and pushed her, and she struck him in the face—she went towards the passage, and he followed her—the man went for the police—I saw no blow struck afterwards—it is not the first time I have seen him use her ill.
DANIEL DRISCOLL . I went into the Harrow—Goggin was sitting on the table—he had not been there two or three minutes, before the prisoner began to dance—Goggin put up his foot, and lifted her clothes—she told him not to do that again, and he struck her on one side of the face, and then on the other—she told him not to do that again, and he called her a b—y cow—the had an apple in her hand; whether she had a knife I do not know—he made a blow at her—I saw the blood running—this happened in the parlour—she had not then run away from him—when he saw the blood run down his bosom, he said, "You b—w—, see what you have done"—she ran in the passage, and he after her—they began fighting—they were all tipsy—the prisoner might have had a drop, but she wait not tipsy.
COURT to JAMES GOLLIKER. Q. Did this occur in your presence? A. It did not—when I saw the blow in the passage, I went for the policeman—Goggin did not strike the prisoner on both sides of her face—he did not touch her at all—this witness has not told the truth with regard to that.
GUILTY of an Assault .Aged 21.— Confined One Month .
THIRD COURT.—Monday, April 15th, 1850.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CARDEN; and Mr. COMMON
Before Mr. Common Serjeant and the First Jury.
835. RICHARD NEWMAN, JANE PHILLIPS, BENJAMIN GARDNER , and CHARLES MORRIS , burglariously breaking and entering the dwelling-house of William Cox, and stealing 4 pairs of. shoes, and 2 boots, value 3l. 13s., his goods; Gardner having been before convicted.
WILLIAM COX . I reside at 6, Field's-terrace, King's-cross, in St. Pancras' parish; I rent the shop and back parlour, and sleep there; the master of the house does not live there. On Thursday night, 5th April, I went to bed about half-past ten o'clock—the shop was then safe—about one in the morning, I was called by the police, found the shutters down, and a large piece taken out of a square of glass—I missed five boots, and four pairs of shoes, which were safe in the window when I went to bed—the hole in the window was big enough to get a hand through, but not a person's body—these are the boots(produced)—they are my property.
twelve o'clock, I saw Mr. Cox's window-shutters down, and stuck on end against another door—a square was broken, and this piece of paper lay inside the window—(this had been stuck to the glass)—I had seen Newman and Phillips about twenty minutes before twelve, on the side opposite the shop, and Gardner and Morris on the same side as the shop, about forty yards from it—I know them well—after I had seen Mr. Cox, I went with two other constables to where they live—I knocked at the door, and heard a rumbling inside the parlour—a door opened in the passage, and some one went along the passage—I knocked some time very loudly—a person up-stairs then looked out of the window, came down, opened the door, and I went in and met Morris in the passage coming in a direction from the back—I left him in the custody of another constable, went to the back, and found five shoes, and three pairs of boots(produced)thrown down the cesspool—I then went into the front-room, and found Phillips and Newman in bed, and Gardner sitting in a chair—I found this shoe, which is the fellow to one I found in the water-closet, close to Gardner—I asked them where they got the boots and shoes from—Newman and Phillips said they had been in bed since eleven, and knew nothing about it—I examined a piece of glass which I found, with the window, and it corresponded—the paper was on it.
JOHN BLAKE . I live at 3, Paradise-street, Gray's-inn-road. On the Thursday night, about half-past twelve o'clock, the police called me; and as I was going down stairs, Morris passed me, going towards the back yard, where the water-closet is—he returned to the back parlour, and then went again—one of the prisoners said, "For God's sake, don't open the door"—I said, "I will"—I did so, and let in three policemen.
Newman's Defence.I went to bed at half-past eleven o'clock, and left the street and room door unlocked.
(Phillips put in a written defence, stating that she had been in bed three-quarters of an hour, when she heard some one come in and go through the house)
Morris's Defence.The door has a string to it, and any one can open it; I heard some one come in and run through the passage; I went to see who it was, and as I came back, the policemen met me in the passage.
NEWMAN*— GUILTY . Aged 19.
PHILLIPS*— GUILTY . Aged 18.
MORRIS*— GUILTY . Aged 18.
Transported for Seven Years .
GARDNER**— GUILTY . Aged 18.— Transported for Ten Years .
JAMES MARR . I am a shipwright, of 13, Norfolk-street, Poplar. On Friday night, 5th April, I went with the prisoner to the White Swan, and had some gin and cloves—I afterwards went with her to a house in Newgatefields where I was to stop the night with her—I had six sovereigns, four shillings, and a sixpence—I gave her the four shillings, and sent the sixpence or a quartern of gin—the woman of the house afterwards came up for 1s. 6d. or the room—I gave her a sovereign to get changed, and to get a quartern of gin—she brought me 19s. 6d. change—I gave her 1s. 6d., and put 5s. into my fob, and the rest into my right-hand trowsers pocket—I then went to
bed, putting my trowsers on the bedside next the wall—I got out of bed again, buttoned the door, and put out the light—I awoke in about an hour or an hour and a quarter, and the prisoner was gone, and my trowsers too—I called out, and the landlady came, with a candle and my trowsers—I searched the pockets, and found only a fourpenny-piece—on the Saturday morning, about half-past ten, I saw the prisoner pass the King David station-house—as soon as she saw me she ran away.
Cross-examined by MR. O'BRIEN. Q. Is the landlady here? A. Not that I am aware of—I had laid hold of the prisoner before she ran away—I had seen her once, about a fortnight before, in an eating-house—I did not speak to her.
JAMES MOTT (policeman, K 144). On the Saturday morning I saw the prisoner run out of a court in Shakspeare's-walk, followed by Marr—as soon as she saw me she stopped—she said nothing till Marr staid she had robbed him of six sovereigns—she then said, "I give myself up to you; you may do your best or worst."
Cross-examined. Q. Was not it this way, "As soon as she saw me she stopped, and said, 'I give myself up to you?'"—(reading from the deposition.) A. Yes, and then Marr said, "She has robbed me of 6l."—she then said, "Do your best or worst, you cannot prove anything against me."
WILLIAM CHARLES POTTER (policeman, K 212). I produce a certificate of the prisoner's conviction—(read—Convicted May, 1847, having been before convicted, confined three months)—I was present—she is the person.
GUILTY.** Aged 19.— Transported for Seven Years .
CATHERINE SULLIVAN . I lodge at 11, Middlesex-place, Somers-town; the prisoner lodged there too. This night fortnight he came home between eight o'clock and half-past, the worse for liquor—he sat down to his supper, eating it with a knife and fork—a chair was broken—the landlord said he was not to break any more of his things—the prisoner said he would break every b—thing he came across—he was then sitting about a yard from me—I did not say a word to him, but he was calling me names—he took hold of the knife, and was wheeling it about, in a great passion, stabbing the table—when the landlord went out of the room, he said he would have my b——y eye out, and threw the knife at me—it struck me, and cut me severely—I was taken to the hospital.
ANN JENNINGS . I am the landlord's wife. I recollect the prisoner coming home this night fortnight, in liquor—he was eating with a knife and fork—he broke a chair—after that he quarrelled with my husband—I saw him throw the knife back like at Sullivan—it hit her in the eye, and I saw the blood come down—he was about a yard and a half from her.
Prisoner's Defence.I met with an accident by falling from a scaffold, and had a fracture in my head; and when I have a drop to drink, I do not know what I am about.
GUILTY> of an Assault .Aged 21.— Confined One Month .
838. JOHN FRY , stealing 1 pocket-book, 15 double Louis d'ors, 2 dollars, and other coins, value 25l. 11s. 3d.; and 1 sovereign; the moneys of Ferdinand Emaiel Hoenel, in the dwelling-house of William Baker.
MR. METCALF conducted the Prosecution.
FERDINAND EMAIEL HOENEL (through an interpreter).I come from Saxony. I arrived in London on 20th March, and lodged that night at 24, Cranbourne-street, Leicester-square—on the 21st I was walking about London, and saw the prisoner with another man, standing at the corner of a street—I showed the prisoner a direction I had, alluding to Leicester-square, and asked him the way—he laid hold of my arm, and said, "Come," and was very friendly—we went into a street, the name of which I do not know—the other man bowed to him to go into a public-house—they ordered something to drink, and treated me—I put my hand into my pocket, and was going to pay for it, but they would not let me—they showed me some Bank-notes in a pocket-book, and asked if I knew those sort of things—we then left that public-house for another, and went to a room where nobody was—they rang the bell, and the waiter brought in some white liquor—I offered to pay for it, but they refused—I had my purse out, which contained sixteen double Louis d'ors, one English sovereign, one Prussian and two Saxonian dollars, and some small silver—the gold was wrapped in a passenger-ticket—the prisoner said, "Ah, you have foreign money; let me see it"—Fry then made signs that the paper the money was in was not good—he counted the money, put it into a piece of brown paper, and I saw it put into my purse; but it seemed to me to be another paper, and not so big as the other out—they shoved it very quickly into my purse—I tried to pull it out, but they would not let me, and said they were going—when they saw I would not be without seeing the money right, they both left the room—I then pulled out my purse, ran after them, and caught the prisoner before he got out of the house—I screamed for help, and the prisoner gave me back the money wrapped in paper—I opened the paper, and there was one double Louis d'or wanting—the prisoner then ran away—I ran after him, but was stopped by the crowd—I left my hat and purse behind me—I caught the prisoner in four or five minutes—I had lost sight of him, but I am quite sure he is the person—I also lost my pocket-book, containing seven Prussian and Saxou banknotes—I do not know when I lost it—this purse is mine(produced)—I received it from the public-house, and my hat—the prisoner spoke to me in English and broken German, but I could comprehend some of it.
Cross-examined by MR. RIBTON. Q. What time did you meet the prisoner? A. Between three and four o'clock in the afternoon—I had not been drinking then—I had only had a small glass of drink—the money was in two papers, dirty and broken—i had lost altogether about thirty dollars—I have got it all back except one double Louis d'or and some silver.
MR. METCALF. Q. Was the money in two papers? A. Only one—it was broken.
GEORGE NEWMAN . I am a waiter, at the Maidenhead Tavern, Battle-bridge, St. Mary, Islington. On 21st March the prosecutor, prisoner, and another man, rather taller, came there, between three and four o'clock—I served them—the prisoner paid for it—about six minutes after, in consequence of what I heard, I went into the room, and they were not there—I found a hat and purse, and some English and foreign coin there—I gave then to my master, who gave them to the policeman, and he gave them to the prosecutor—my master is ill, his name is William Baker.
Cross-examined. Q. What did you bring them to drink? A. 6d.-worth of the best gin, a quartern.
pursuing the prisoner, 200 or 300 yards from the Maidenhead—the prosecutor caught him by the breast, and he shoved the prosecutor against some cabbages in the street, and then ran away, with two other men, in flannel jackets—I turned back, and caught hold of the prisoner—he said, "Loose me"—I said, "What is the matter?"—he said, "Nothing"—the prosecutor came up—I could not understand what he said, but I saw his dress, and then he gave me to understand he had lost 200 somethings—the two other men extricated the prisoner, and he broke away—we pursued to the St. Pancras New-road, up York-buildings, into Southampton-street, and he was there walking with two more men—a policeman joined me, and the prisoner then ran round a street, and threw something from his pocket into an area, he threw a steel purse away, in Southampton-street—he was then caught by the policeman—he was the same person the prosecutor was chasing at first.
FRANCIS POTTOCK (policeman)From information, on 21st March, I went into a back-yard in Weston-street, the wall of which is against the street, and there found this pocket-book(produced), containing two 50l. and three 10l. flash notes of the "Bank of Engraving," and one 10s.American note.
GUILTY . Aged 31.— Confined Twelve Months .
Before Mr. Recorder.
SARAH ANN BURRELL . I am the wife of James Burrell, who keeps a beer-shop at Leyton stone. On the afternoon, of 11th March, the prisoners were in the tap-room—they left together, and I directly missed a pig's cheek from the tap-room—it was safe when they were there.
Cross-examined by MR. PRENDERGAST, JUN. Q. There were a great many customers there, I suppose? A. No; there was a walking match in the Forest, but that was a quarter of a mile from us—the prisoners are very seldom customers of ours—they only had one pot of beer that day.
JAMES BURRELL . I went in pursuit of the prisoners, and saw them in the Forest—I hallooed to them—they wold not stop—I saw Griffin take a paper parcel from his jacket-pocket, scratch a hole among some bushes, put the parcel in, and cover it over—I went up to him, and he said, "Halloo, what do you do here?"—I said, "I am not come after much; here is the paper, I dare say the meat is not far off "—he said, "Then you accuse me of robbing you," and he turned and walked off—Skiggs was about ten yards from Griffin—I picked up the pig's cheek from the hole.
Cross-examined. Q. How far were you from Griffin when he scratched this hole? A. Six or seven yards—I could see him quite plain—the hole was hardly deep enough to cover the pork.
THOMAS ADDINOTON (policeman).I apprehended Griffin the same evening at Forest-gate—he said if I had not taken him so soon, he was going to see Mr. Burrell, and pay him for the cheek, and make it up to him.
GRIFFIN— GUILTY . Aged 21.
SKIGGS— GUILTY . Aged 19.
Recommended to mercy.— Confined One Month .
Before Mr. Common Serjeant.
WILLIAM WILSON . On 15th March, I received information, and saw the prisoner forty or fifty yards from Miss Arundel's house at Woodford, with these iron bars in his hand—he put them into a truck which he had got in the lane, and covered them over with a bag—I found them there, and another bar in another bag—I compared the irons with the stone fronting Miss Sarah Arundel's house, they exactly fitted the holes where some bars were missing—the house belongs to Joseph Tucker.
JAMES WHITE (policeman, K 13). On 15th March, I received information, and missed the bars from the stone—I saw a truck with three iron bars in it, partly covered over—I found in it these irons, and one in another bag—I compared them with the stone, they exactly fit—I saw the prisoner in George-lane, and took him—he said the truck was his.
Prisoner's Defence.I picked them up.
BENJAMIN FOWLE (policeman).I produce a certificate—(read— George Cook, convicted Aug., 1848, and confined six months)—I was present—the prisoner is the person. GUILTY . Aged 19.— Transported for Seven Years .
Before Mr. Common Serjeant.
GUILTY . Aged 28.— Confined Six Months .
GUILTY . Aged 62.— Confined Twelve Months .
GUILTY . Aged 25.— Confined Six Months .
MESSRS. PAYNE and COTTERELL conducted the Prosecution.
MARY ALLEN . I am the wife of Thomas Francis Allen, a confectioner at Greenwich. On 14th March, the prisoner came to the shop about half-past one o'clock, for two halfpenny Queencakes—he gave me a bad half-crown—I saw it was bad, and asked where he got it—he said a gentleman outside the door gave it him, and he would go and fetch him—he went out, and ran away as fast as he could—my husband followed, and brought him back, and he was given into custody—I bent the half-crown in the detector, and marked it with my scissors, and gave it to my husband.
THOMAS FRANCIS ALLEN . On 14th March, I saw the prisoner in my shop, and heard my wife ask him where he got the half-crown—he said a gentleman outside gave it him—I said, "I will go with you and see"—the prisoner ran
away, and after a quarter of a mile chase, I caught him—he went down on his knees, said he was a very poor man, and begged me to let him go—I brought him hack, and gave him in charge.
WILLIAM CROOK (policeman, R 148). I received the prisoner in custody from Mr. Allen, who gave me this bad half-crown—I saw some papers in the prisoner's hand—I asked him what he had got—he put his hand in his pocket, and took it out, and put it in his bosom—I took his hand, and found in it six half-crowns wrapped in tissue paper, and at the station I found one bad half-crown in his right hand pocket—I found on him one good shilling, one sixpence, and fourpence-halfpenny in copper.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This half-crown that has been tried in the detector, and these other two found on the prisoner, are of the same mould, and all counterfeit—these five of Victoria found on the prisoner are of the same mould, and are all bad.
Prisoner's Defence.I came from Hamburgh; one of the sailors gave them to me.
GUILTY . Aged 23.— Confined Twelve Months .
GUILTY . Aged 18.— Transported for Seven Years .
JOHN RANDELL (policeman, R 337). On Saturday night, 2nd March, I was on duty at Woolwich—about a quarter before eleven o'clock, I saw Honour serving at his master's shop-window, and Howick was about five yards from the shop, loitering about—the window was open, and both the prisoners were outside—I watched them, and saw Honour take a piece of bacon and give it to Howick, who put it into his pocket, and walked away—I stopped him, and said, "You have got a piece of bacon that that person gave you"—he said, "I gave him 4d. for it"—I took him back, and took him and Honour into the shop—I stated the charge, and Honour said he gave it to Howick to go in to get it weighed.
WILLIAM JOSEPH HAWLEY . I am a cheesemonger, and live in Richard-street, Woolwich; Honour was in my employ nearly three months. On the night of 2nd March, he was engaged in my shop—I know this piece of bacon—I saw it on the window-board—there is no particular mark on it—I had not cut it off a larger piece—it was his duty to do that—he was authorized to sell bacon outside—before it was sold, it was to be brought in to be weighed.
Honour's Defence.This lad came and asked me the price of bacon, and I told him; I gave him this piece to take into the shop to get weighed.
Howick's Defence.He gave it me for what he had promised me for cleaning his horse before; when the policeman took me, I said I had given 4d. for it, but I did not know what I said.
NOT GUILTY .
Before Mr. Recorder.
CHARLES HENDERSON MILLER . I am an army and navy contractor, at Woolwich; the prisoner lived in my service in October and part of November. I missed an umbrella, a pair of shoes, and a purse—I have seen them since—these
are the shoes; they are my wife's, and are marked with the initials of the shoemaker—this is the purse; it was taken from the prisoner by the searcher.
THOMAS MICKLEFIELD . I am a pawnbroker. These shoes were pawned with me on 20th Nov. by the prisoner, to the best of my belief—I had seen her before in the shop, and I knew her by the name she gave with these shoes, Sarah Griffin.
Prisoner.I picked the umbrella up at the door; I beg for mercy.
GUILTY . Aged 40.— Confined Eighteen Months .
(There was another indictment against the prisoner).
JAMES ADAMSON . I am a labouring man. In the latter end of Feb., I assisted the prisoner in emptying some cesspools at the Royal Arsenal, at Woolwich—on 28th Feb., at twelve o'clock at night, I was there, and the prisoner also—we had two carts there to take away the soil—while they were being loaded, I saw the prisoner take six pieces of timber, and put them in a cart—they had been about eleven yards from where the carts stood—there was a stack of new timber there—these pieces were new, they were the outside cuttings of the timbers, what are called slabs—I did not notice what kind of wood it was, I was a little way from them—the pieces were thrown in amongst the soil—the prisoner said he wanted something to help to pay us men for our labour—the carts went on to Plumstead—I did not go with them—I was there the next day after they were taken, and saw six planks concealed under some straw—I was there on the Sunday following—I did not see any planks there then, they were removed—I cannot exactly say when I made any communication to the police about this—I am no scholar at all—I told the police on a Friday, but I cannot say what Friday—I went to some premises belonging to the prisoner, and saw the six pieces of timber there—I pointed them out to the policeman—this is one of the pieces(produced)—some of the others were about the same size, and some not quite so big as this.
Cross-examined by MR. PARNELL. Q. Who assisted in emptying these places? A. Four men; two were in the hole, two at top, and the prisoner—Henry Ball was the other man who was at top with me—the other men were not standing by, when the prisoner threw these in—he came over and spoke to me himself—the first cart had gone—the two men at top were chucking the soil into the cart at the time he made use of that expression—I remained in the prisoner's service till 21st March—he discharged me—I wanted some money, and he would not pay me—there was a dispute in the barracks about my being tipsy, but it was not at the barracks that he discharged me—he turned round at once and discharged me—I had been in his service on and off, for fourteen years—when I saw the prisoner put these pieces of wood in the cart, I thought it was not his place to put them in, but I said nothing about it till he discharged me—I was never in any trouble in my life—yes, I
was once taken up by the police for a little drop of beer—that was the only crime I ever did—I was sent to Maidstone Gaol for being tipsy—that is the only time that I can recollect—I was in Maidstone a month—I was never at Maidstone but once in my life—I was never locked up for fighting nor for stealing.
MR. BODKIN. Q. Who sent you to Maidstone? A. The policeman—I did not strike him—it was for being drunk and quarrelsome—the prisoner would turn round and discharge a man at once for the least word that you said.
ROBERT HILL (police-sergeant, R 42). In consequence of a communication from Adamson, I went with him to the prisoner's premises, in Church-street, Woolwich, on 22nd March—Adamson pointed out this piece of wood, and five others, he said, "These belong to the Arsenal"—they were in a dirty state, as if they had been in a soil cart; but it has been dry weather, and a great deal has been knocked off it now—the pieces were produced at the police-court, they were a great deal worse then—I took the prisoner on this charge—he said he came to meet the case—he said that all that he had taken away, he had a right to take, they were his property.
Cross-examined. Q. I suppose you merely told him it was for six pieces of wood belonging to the Arsenal? A. Yes—he is a contractor for Government—where I went to his place, at Woolwich, there was a good deal of timber—I do not know that he deals in timber; his yard looks more like a dust yard.
MR. BODKIN. Q. When he said it was his own property, and he had a right to take it away, where was the timber? A. In my possession—I had told him I wanted him for the timber that was taken from the Arsenal, and from the barracks, and he must consider himself my prisoner.
GEORGE JONES . I am timber-master in the carriage department, at Woolwich. I have understood that the prisoner was employed by contract to empty the privies there—I have looked at the six pieces of timber, of which this is one—I believe this to have been the property of the Government, and in the Arsenal—when I saw it before, it was in a dirty state—the prisoner had no authority or right to take away any timber, that I am aware of; none whatever belonging to the carriage department—I know this has been in the carriage department—I know it by the mark of this iron on it—here is "C.D. issued," and the arrow—the timber is selected that is required, and a clerk goes down to take account of it, and then this impression is made on it—I find on this timber the trace of the marks of this instrument (producing one)—here are two marks—this piece was outside—Government sometimes sell timber—timber is sold with this mark on it, but such timber is unserviceable—this is not unserviceable.
Cross-examined. Q. There are periodical sales of timber, and at those sales this might have been sold? A. There might have been a possibility of a piece of this kind being put in, but I would not have done it—the prisoner has been a contractor a great many years, and his father before him—I do not know whether the prisoner has bought at our sales from time to time—I have seen him there many times, I suppose for the purpose of purchasing—I never saw him buy—I do not attend the sales myself.
MR. BODKIN. Q. How many sales were there last year? A. About three—the last was about the middle of Dec.—I supervise the sale of the whole of the timber—I have an assistant to attend to it; he selects the timber, and I go to look over it, to see that there is nothing serviceable put in—it is my duty to see that improper timber is not included in the sale—I think it very likely that some of this might be in—I looked over it at the last sale—I did not see any timber like this—I looked over the whole stacks when they were stacked up—if I had seen a piece of this sort I should have ordered it
to be taken out—they are made up in a stack twelve feet high—I made a very strict examination—I do not believe there was a piece so good in quality as this is in the whole lot.
NOT GUILTY .
(Mr. Bodkin offered no evidence.)
NOT GUILTY .
SARAH GRACE WRIGHT . I am the wife of Henry Wright—we live in Paradise-place, Woolwich. On 6th Feb. I hung out two shirts on a line in my garden—I missed them the same evening—these are them (produced).
JOHN THORPE . I live with Mr. Moore, a pawnbroker, at Woolwich—these shirts were pawned on 7th Feb. for a half-crown, in the name of Ann Barber, I believe by Elizabeth Allen—they were afterwards attempted to be redeemed by Burden, who produced the duplicate—this is it.
James Allen's Defence. I picked up the shirts over the rails; my wife pawned them for some victuals; then I wanted a little money, and sold the duplicate; my wife knew nothing about where I got the shirts; she had not a bit of victuals to eat when she was confined; we did not know where to get any.
JAMES ALLEN— GUILTY .
ELIZABETH ALLEN— NOT GUILTY .
THOMAS HOPKINS . I am a gunner, in the Royal Artillery. On 19th March I hung a shirt out to dry at the back of the house in Henry-street—I missed it the next morning—I have since seen it at the pawnbroker's—it belonged to Robert Ackson.
James Allen. The shirt was my own; I pawned everything I had got, both this shirt and another shirt.
THOMAS HOPKINS re-examined. I know this shirt belongs to Robert Ackson by his name being on it—I had it to wash for him—he is a gunner in the Royal Artillery—his name seems to be washed out, but here is a mark I can swear to it by, a bit of blue thread; and here is the other mark to be seen—it is the same shirt that I had to wash from Ackson.
JAMES ALLEN— GUILTY .
ELIZABETH ALLEN— NOT GUILTY .
CHARLES EDWARD FRYATT (policeman, R 294). I found the duplicates of these articles in a drawer in the house where the prisoner lived—he said he lived there, and I found his wife there—this linen was hung out about half a mile from the barracks.
James Allen's Defence. I leave myself to the mercy of the Court; my wife was starving when she was confined; she had not a bit of victuals to eat; I had married without leave, and could not live in the barracks.
JAMES ALLEN— GUILTY . Aged 22.— Confined One Month.
ELIZABETH ALLEN— NOT GUILTY .
853. WILLIAM BATTERSBY, HENRY TAYLOR, MATTHEW COWDY, WILLIAM LEMON, JAMES O'BRIEN, SAMUEL ROBINSON, WILLIAM JAMIESON, EVAN EVANS, JOHN WATT, THOMAS HART, PATRICK LOUGHLIN, JAMES PURCELL, SAMUEL TAYLOR, JOHN MARTIN, KENNEDY WILKINSON, EDWIN GRIPPEN, WILLIAM WEDD , and HENRY TIPPING , were indicted for a riot and assault.
RICHARD NELSON LEE . I had a show at Greenwich-fair. I saw one soldier knock a gentleman's hat over his eyes, and then another soldier struck him, and he came towards my place, and the mob and the soldiers followed him.
JAMES COOMBS (policeman, R 354). The first that I saw was some soldier struck a gentleman's hat over his eyes—that gentleman is not here—I do not know who the gentleman was; he never appeared before the Magistrate—I did not see what was done before that—the gentleman turned round, and called, "Police!"—I was standing at a temporary station in the fair.
EDWIN HORSFALL (police-sergeant, R 9). I did not see the beginning of this—the gentleman who was struck is not here—he did not come to the station—there were several persons struck, and several soldiers were severely struck towards the close, by the civilians—they were not struck by the police-officers that I know of—I never drew my own truncheon at all.
JOHN MORING . I am a labourer. I was not at the beginning of the disturbance—one soldier made a stroke with a stick at one of the persons on the stage—I said, "You ought to be ashamed of yourself for doing that," and he struck me across the nose—I fell down, and got under the steps—soon afterwards the steps were pulled down, and I saw the same soldier on the stage after that—he had a short sword in his hand, and was cutting at the lamps, and at the people—I do not know his name, but I could point him out—this is the man (Jamieson)—I had not done anything to him, only said, "You ought to be ashamed of yourself to strike a man so," he then struck me, and then while I was down he struck me over the back—some young man got me away.
Jamieson. Q. I did not strike him at all; I did not see him? A. Yes, he did—I had a black eye.
COURT. Q. Why did you interfere with him? A. Because he was striking one of the players on the foot—I believe the man is here now.
JAMES CHAPPELL . I am a cork-cutter by trade. On that occasion I was one of Mr. Lee's professional gentlemen—I was fighting combats—I had a sword—I was not in a combat then—we were about to commence a quadrille—that was part of the performance—we had female partners—we had had a combat—I was standing on the platform when the row commenced by one of the soldiers striking a gentleman on the hat—he looked round, and
then another soldier struck him—the gentleman came over towards the platform, my master begged him to go away, and then they turned round upon my master, and began on him—one of them (Evans) struck me across the instep, and Jamieson struck at my master, but missed him—they then began throwing oyster-shells and other things at the lamps, and the people and things on the stage—I was struck on the face, and was very bad—as soon as I got the blow, I made the best of my way to get out—they were kicking up a disturbance on the Monday and Tuesday occasionally; but on Wednesday, 3rd April, it became dreadful—I noticed them meeting people, and striking them with a cane, and then laugh at it; and if any respectable young girls were going by, hitting them under the chin to make them bite their tongue, which I suppose they call a lark.
JOHN HALL . I was at the show—between six and seven o'clock it was my duty to come out, and play in the front—I came out—there was a disturbance between the soldiers and the civilians, and there was a general rush towards the stage—I sat down, and was kicked when down by O'Brien.
O'Brien. I was not near the stage at all. Witness. I am quite sure it was him—I saw him before, and when he was removing his foot, after having kicked me, I turned, and saw his face—I do not think they knew who they were attacking—they seemed to be enraged.
WILLIAM SIMPSON . I saw the commencement of the affair, it began about ten minutes before six o'clock—I saw a body of soldiers coming down the centre of the fair, driving all before them—there was a gentleman looking at our show, and he was struck over the hat; and before he could recover himself, he was struck with a stick by Grippen—the soldiers were determined to have a lark—I had noticed them doing the same, two days before—they knew that a person could not resist such a body of them; but this gentleman recovered, and he thrashed the soldier who struck his hat—another came up, and he thrashed him—a third came up, and he began to thrash him; but a party came up, and Mr. Lee said, "Let him come up here"—then one of the soldiers said, "Let us pull his b—y show down"—that was Leraon—then another man said it—Mr. Lee wanted the people to bring the gentleman up to his show, to rescue him—Mr. Lee tried to pacify the soldiers, but they would not be pacified—they were exceedingly enraged against Mr. Lee, and Wedd cleared the whole of the civilians away from the front, and formed the soldiers into a square—they came up in a body, and filled up the whole of the sixty-feet frontage, and they endeavoured to rush up the steps—I saw Mrs. Lee, and I took her and the rest of the ladies down at the back—when I returned, the soldiers had got possession of the platform, and were demolishing everything before them—I saw two of them letting down the chandeliers; and the tall soldier broke a piece of iron off, and was striking away with it—they then turned on Mr. Lee, when I was torn away by some of the people.
LEMON—Aged 22: O'BRIEN—Aged 20: JAMIESON—Aged 21: EVANS—Aged 19: GRIPPEN—Aged 21.— GUILTY of an Assault. — To enter into their own recognizances, to appear and receive judgment when called upon, and to keep the peace for one year.
The other prisoners were
854. JOSEPH HUNTER , stealing, on 27th March, at Greenwich, 2 pocket-books, 18 sovereigns, 3 half-sovereigns, 1 crown, 1 half-crown, 15 shillings, 14 sixpences, 5 groats, 10 pence, and 6 half-pence; the property of Richard Wheatley, in his dwelling-house: to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
PETER FISH . I am a tailor, of Plumstead. I had these trowsers to repair—they were safe on 21st March—on 23rd, about one o'clock, Gladwin brought them—I had not missed them—I know them by a very peculiar tear.
WILLIAM GLADWIN (policeman, R 122). On 22nd March, about one o'clock, I saw the prisoner about 300 yards from Mr. Fish's, and asked what he had under his coat—he said a pair of trowsers—I asked where he got them—he said he bought the stuff, and had them made up—I asked if there was any rend about them—he said no, unless it was a little under the crutch—I took him to the station—these are the trowsers.
Prisoner's Defence. I bought them for 5s., of a man who said he had them for twelve months.
GUILTY . Aged 36.— Confined Four Months.
NOT GUILTY .
GUILTY . Aged 29.— Confined Twelve Months.
Before Mr. Common Serjeant.
ALFRED SPICE (police-constable, V 47). About half-past five o'clock in the evening of 13th March, I saw the prisoners coming through Vauxhall-gate—they went into the Brixton-road—I saw them at Vauxhall-gate again, a little before eight—I had received information, and stopped Johnson, and told her she must go to the station—I saw something hanging below her gown—she said, "It is of no use; you may as well take it"—I got this gown and two shirts from her—they were wet—they appeared to come from between her gown and petticoat.
Cross-examined by MR. WOOLLETT. Q. Did not she say that she found them? A. Yes.
WILLIAM GIBBS (policeman, V 77). I was with Spice, and saw something drop from Johnson's petticoats on to the ground—Smith picked it up, and she drew it under her dress again—I took Smith, and found a whip on him—he said, "They can't hurt me for the whip, if they do for the other."
Cross-examined. Q. How do you know them? A. I marked them myself.
SMITH— NOT GUILTY .
JOHNSON— GUILTY . Aged 19.— Transported for Seven Years.
JOHN WHITE SAMSON . The prisoner was in my service three or four months, as journeyman baker—he had to carry out bread—on 9th February I found eight half-quartern loaves, tied in a handkerchief and put in a tub in which yeast was kept—I stuck a piece of wood into the crumb of the bread, and covered them over as before—at a little before six o'clock, after he had accounted to me for the bread he had taken out, I called him, and found he was out—he ought not to have been out—I then went to the tub and missed the bread—I went out, and saw him going towards Deptford with a basket—I saw him untie a handkerchief, put it in his pocket, and leave the bread in the basket—he went towards Blackhorse-bridge, and stopped at one of my customers with two half-quartern loaves—seeing a policeman, I called out, "I have caught you at last"—he said, "Oh Sir, if you will forgive me I will give you all I have got"—I found some flour on him as well—I gave him in charge—he said he had only been doing it that week—the bread had been ordered by the customer—the policeman found the wood in the bread.
THOMAS MONCK , (policeman, R 228). Mr. Samson gave the prisoner in my charge—I asked him why he did it—he said he wanted to raise some money to get some tidy clothes by Easter, and he had only been doing it that week.
Prisoner. Q. Did not you ask the customer if it was ordered? A. Yes; they said you ought to have left it in the morning, and they were just going up to see why you had not left it.
GUILTY . Aged 29.— Confined Four Months.
Before Mr. Recorder.
FREDERICK MATTOCKS . I am in the employ of Fanny Ponsford, a butcher. On Saturday night, 23rd March, the prisoners were brought by Giffen, and seven pounds of beef, which ought to have been in the window.
WILLIAM GIFFORD (policeman, H 155). I was on duty, and saw the prisoners together in Blackfriars-road—they looked at several butcher's shops, and crossed the road to Miss Ponsford's, spoke to one another, returned, and Brown placed herself in a part of the door where it was very dark—the child (Casey) went away, came back and spoke to her, then went again, and attempted to take the beef, but did not, and spoke to the woman again—she went a third time, took the beef into the road, and Brown came and took it from her—I caught her—she said, "So help me God! I don't know the child, do I?"—the child said, "No"—she dropped the beef—I found on her a shin of beef, and part of a pig's head—I asked where she got them—she would not tell me.
Brown's Defence. I am innocent.
Casey's Defence. I do not know this woman; she was not with me; I took the meat from want; the constable had me ten minutes before she came across the road.
Brown. You are taking a false oath—the policeman who had me is dead. Witness. There was no other policeman in the case—I took you, and was present at the trial and sentence.
BROWN— GUILTY .* Aged 25.— Confined Eighteen Months.
CASEY— GUILTY .* Aged 13.— Confined Three Months.
Before Mr. Common Serjeant.
CHARLES REVELL (policeman, L 175). On 28th March, about eight o'clock in the evening, I saw the prisoner place a quantity of metal pipe in a scale in a marine store-dealer's shop—I asked him where he got that from—he said he brought it from home, No. 9, Swan-court, William-street, Blackfriars-road; which was false—on the way to the station he dropped a piece of pipe (produced)—he begged I would not take him to the station—he told the inspector he had been removing some goods to Camberwell with another man, and that man had given him the pipe.
GEORGE EARLE . I live on Mr. Charles Podmore's wharf. He has one partner—the prisoner was a labourer there—he was not authorized to take any metal away, to my knowledge—I missed such things as these, but I cannot swear to them.
NOT GUILTY .
GUILTY .—Aged 21.— Confined Six Months.
MESSRS. CLERK and COTTERELL conducted the Prosecution.
EMMA NICHOLLS . I keep a greengrocer's shop at Putney. On 16th March, the prisoner came and asked for sixpenny-worth of oranges—I served him—he tendered me a 5s.-piece—I gave him 4s. 6d. change, and put it into a cup with other silver, but no other crown—the policeman came afterwards, and I found the crown was bad—I marked it, and gave it to the policeman on Monday.
HANNAH ALICE WHITE . I am shopwoman to Mr. Ede, a baker, of Wandsworth-road. On 16th March, about eleven o'clock at night, the prisoner came for two tea-cakes—he gave me a 5s.-piece—I took it to Mr. Ede directly—he came with me to the shop—the prisoner was there—Mr. Ede told him it was bad.
WILLIAM EDE . The prisoner came to my shop—my parlour-door was open, and I saw him lay down a 5s.-piece—White brought it to the door, and I saw it was bad—I went into the shop, and asked the prisoner where he lived—he said that was no business of mine, and told me to give him his change—I said, "You will have no change out of this; it is a bad one"—he said, "I shall give you my card, and I shall go to my solicitor, and bring an action against you for defamation of character"—I said, "I shall give you in charge"—I sent for a policeman, marked the crown, and gave it to him—the prisoner told me at the station how he would serve me when he came out, and he struck my young man in the bakehouse, and struck the officer.
FREDERICK LANGTON (police-sergeant, V 19). I was on duty—I saw the prisoner in Mr. Ede's—he came out of the shop, and in a faint way he called, "Police!"—he saw me, and ran past me—I pursued, took him,
brought him back and searched him—I found on him sixteen shillings, five-pence in copper, and two cigars—I produce this crown from Mr. Eade.
Prisoner's Defence. I had had a great deal too much to drink, and did not know what I was about.
GUILTY . Aged 22.— Confined Twelve Months.
Before Mr. Recorder.
864. SARAH DAVIS , stealing 1 gown, and other articles, value 1l. 15s.; the goods of Charles Benson Jackson, her master: also, 1 locket, value 5s.; the goods of Thomas Payne Henry Willis: to which she pleaded
GUILTY . Aged 37.— Confined Six Months.
(Mr. Clarkson offered no evidence.)
NOT GUILTY .
MR. MEW conducted the Prosecution
CHARLES JAMES WALTON . On 26th March I was with a friend at a house in Southwark—I went there about eight o'clock id the evening, and left about a quarter before twelve—I was sober—at the corner of York-street, my friend asked me the time—I took out my watch—the prisoner and another stood at the corner, and could see distinctly what I was doing—I crossed the road, and proceeded about 100 yards—the prisoner came in front of me—the accosted me, and wished me to go home with her, which I refused—I then proceeded on as far as the corner—the prisoner followed me, and caught me round the neck—a man was in the road, not above a yard or two from me—she noticed him, and let go of me—I went on as far as Maze-pond—I tuned down there; and when I got opposite an alley, I saw the prisoner and another female—the prisoner came, and caught bold of me, and shoved me against the shutters—I then felt a pressure by my right side, and heard a snap, which I thought was my watch-glass broken—I felt a snatch, and the prisoner ran away before I could recover myself—I instantly missed my watch, and was going to run after her, when another woman caught hold of me, and said if I went on she would punch my bead—the prisoner got away—I had seen her three times—she stood in front of me each time—I am positive she is the woman.
JAMES WHITTY . I was sweeping the road at Thomas-street, opposite New-street—I never saw the prisoner before that night, but she is the woman I saw speaking to the prosecutor—it was on a Tuesday, I believe—I recognised her the first time I saw her at the police-station—when I first saw her she had her arm round his neck—I saw her once in the middle of Thomas-street, and once in the crossing where she left him.
CHARLES JAMES WALTON re-examined. I saw the prisoner again on Good Friday night, at the end of Angel-place, near St. George's Church, with three others—I went for an officer, and she put her apron up to hide her face—I went to her, and gave her in charge—I noticed her voice—it appeared to be the same.
GUILTY .— Confined One Year.
Before Mr. Baron Platt.
FREDERICK CHARLES LOVEDAY . I live with my parents in Northampton-street, Long-lane, Bermondsey. On Monday night, 1st April, I was playing in Northampton-street with some more boys—there was about half a dozen of us—we were playing rather rough together—we hit each other—the prisoner, who was one, took a knife out of his pocket, and said, "If you hit me again, I will stick this knife into you"—I went to hit him again, and he stuck the knife in me, and ran away into the Wellington public-house—I went and pulled him out.
Prisoner. There were eight boys. Witness. There were about six, but we had left off playing when the prisoner and I got quarrelling—we did not all rush on him and knock him about—nobody hit him but me—I am not bigger than he is.
HENRY JORDAN . I live with my grandmother at 112, Long-lane, Bermondsey. I was playing with the other boys on Easter Monday—we had just done playing hi-bobaree, and the prisoner and Loveday were striking each other rather roughly; it was not fighting—the prisoner said, "If you do it again I will take out my knife to you"—Loveday ran and hit him again, and then he pulled out knife and thrust it into him.
Prisoner. I never touched him at all; I only pulled out the knife to frighten him, and he ran against it, and stuck it into his arm. Witness. He was flourishing the knife about as if to frighten him—Loveday ran at him while he was flourishing it, and struck him with it—Loveday struck him with his right hand, and was holding up his left as if to guard himself—there was nobody striking the prisoner but Loveday.
WILLIAM HENRY BROWN . I and a friend were standing at the bar of the Wellington, when the prisoner ran in, followed by Loveday—there was a regular skirmish with them at the bar, and the landlord pushed them out—Loveday said, "See how my jacket is cut"—I followed them out, and saw that it was cut, and we detained the prisoner.
CHARLES DOWNES . I am a surgeon. I saw Loveday on the Monday—he had received a superficial wound, about an inch and a half long and three-quarters of an inch deep—it was at the back of the left shoulder, on the edge of the arm-pit behind—that could not have been given by a person standing in front of him—from the appearance of the cut I imagine that what the prisoner states is true, and that it was done by a thrust outwards in flourishing the knife, and not a cut—it was not a serious wound—it has nearly healed.
Prisoner's Defence. I did not mean to stab him, only to keep the blows off; he ran at me with his head down, and stuck the knife in the back of his shoulder.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
CHARLES JOHN COWELL . I am a clerk in the employ of a Custom-house agent, and live at 57, Queen's-row, Walworth. On Monday night, 1st April, about nine o'clock, or a little before, I was in the Albany-road—I had come from the Old Kent-road—I had occasion to turn down the first turning on the right for a necessary purpose, and while I was there the prisoner came up
to me and asked what I was going to stand—I said I was not going to stand anything—she laid hold of my right arm—I told her to leave go—she then laid hold of me round the neck with both bands—I made an effort to get away from her, but was not able to do so—two men came up at the same time, and one of them said, "Halloo, old girl, you are drunk; why don't you leave the gentleman alone?"—I thought they were going to disengage her arms from my neck, but I felt one of the men put a handkerchief or cloth round my mouth—it had a very disagreeable smell of something, I could not say what—I then suspected their intention was to rob me, and I struggled and struck some one, but I do not know who it was—I had on an oil-skin cap, and the point of it covered my eyes over so that I could not see—it was pushed down at the time, by some one's hand I suppose—the handkerchief, or cloth, covered my mouth and nostrils—after I had struggled and struck somebody I received a blow at the lower part of my stomach, and after that I do not remember anything—I became insensible—I had three sovereigns and a half in my waistcoat pocket—when I recovered myself I was lying down on the right-hand path, and my money was gone—no one was near me then—no one could have taken my money before I met the prisoner—I am quite sure I had it safe when the prisoner came up to me—I noticed her dress—she bad on a dark dress, a dark shawl, and a black bonnet—I noticed her features and her voice too—I have heard her speak since she has been in custody, and I knew her voice again as well as the face.
Prisoner. Q. Can you take your oath that it was I that did it? A. Yes—I mentioned before the Magistrate about receiving the blow in the stomach—a man was taken up, but I could not identify him.
JURY. Q. How long do you suppose it was before you came to yourself? A. I suppose about ten minutes, as near as I can say.
COURT. Q. When you went down this turning, do you know what time it was? A. Not exactly, I think it was about ten minutes to nine—it was eight o'clock when I left my own house, and I walked from there to the Elephant, then down the Kent-road, and into the Albany-road; that would not take more than an hour, and I did not hear any clock strike—when I got home it was about half-past nine—it took me rather longer to get home than it would have done if I had been well—I usually walk that distance in a quarter of an hour, but it took me half an hour on this occasion.
GEORGE QUINNEAR (police-sergeant, P 1). On the night of 1st April, I was on duty with Moss, in the Old Kent-road, about a quarter-past eight o'clock, and saw the prisoner there—I have known her by sight for several years—she was in the company of two men, going in the direction for the Albany-road—she was dressed in a black bonnet and a dark shawl—her drew I cannot speak positively to—I produce a black velvet bonnet which was given up by the person who removed her things from where she lodged—I showed it to the prisoner at the police-court, and she said, "That is my bonnet"—when the prosecutor came to the station to see her, she was placed with four other women, and he selected her out—he could not identify the man—I could not positively swear to the man, but I have an idea of who he is.
Prisoner. Q. You have known me down the Kent-road for several years? A. Yes, for three years at least—I have seen you frequently in company with men there—I have several times seen two men following you—I have seen you in custody on several occasions for disorderly conduct—I never knew you in custody for robbery, or stealing, or anything of that sort.
RICHARD MOSS (policeman, P 330). I was with Quinnear, on the night of 1st April, about a quarter-past eight o'clock, and saw the prisoner and two men with her—they went along the Kent-road, towards the end of the Albany-road
—she had on a black bonnet—I took her into custody the next night—I told her that I took her for robbing a gentleman of three sovereigns and a half in the Albany-road, with two men, on the Monday night, between eight and nine o'clock—she said she was not near the place—I said "How can you say that, when I and serjeant Quinnear saw you go through the gate between tight and nine?"—(I have known her a long time as a common prostitute, I am sure it was her)—she said it was not her, she knew nothing at all about it, she went away along with a man to a public-house drinking.
Prisoner. You did not take me into custody. Witness. Indeed I did—I can swear that you had this bonnet on on Monday night; and when I took you, you had a new one on, a straw one—you had on a black bonnet on Monday—I cannot swear it was this one—I found 6d. on you.
Prisoner's Defence. I am a poor unfortunate girl; I have walked down that road three years, and have never been in custody, and never done anything that I was ashamed of; on Easter Monday I had on this very light shawl that I have now, and a new straw bonnet, which I had put on for Easter; it was not me; I was certainly down there about a quarter-past eight o'clock, and left in company with a young woman and two young men—I mentioned the public-house I was in that night if they had liked to have got evidence—it was not me; there is not a shopkeeper about there who can say I ever did wrong, though I am unfortunate; I never did, such a thing in my life, and never had two men follow me.
RICHARD MOSS re-examined. The men I saw her with were not men that she met—they first walked past me and Quinnear—they did not appear to be men that had picked her up in the street—they were not very well dressed—they were walking in that sort of manner that I presumed they were persons she was well known to—I cannot say that I had ever seen either of them in company with her before—being fair night there was a great number of persons about, and we were watching—I have seen the prisoner about almost every night for some years.
GEORGE QUINNEAR re-examined. From the appearance of one of the men, I think I have seen him several times in her company—I did not see his face, I mean by his dress and height—from his general appearance, I have no doubt it was a man named Thomas Stevens, who I have seen in her company I should say a dozen times.
JURY. Q. When you searched her place, was a dark shawl found belonging to her? A. The whole of her things were removed out of the place she occupied by a person who knew her, and that person gave me up a duplicate of a dark plaid shawl that was pledged on the Wednesday morning—I have not got any dark shawl here.
Prisoner. He took the prosecutor to see the shawl, and he could not identify it; I pledged it because I had no money and nothing to eat.
JURY. Q. Had you any particular reason for watching the prisoner that night? A. I should have watched her, but I was coming in an opposite direction, and had another object in view.
GUILTY . Aged. 21.— Transported for Fifteen Years.
Before Mr. Common Serjeant.
869. JOHN BURNS , and WILLIAM BURNS , burglariously breaking and entering the dwelling-house of John Mason, at St. Paul, Deptford, and stealing 4 spoons, 1 time-piece, and other articles, value 10l.; and 1 5l. bank-note; his property: to which
WILLIAM BURNS pleaded— GUILTY . Aged 19.— Transported for Ten Years.
MR. PARNELL conducted the Prosecution.
JOHN MASON . I am a timber-merchant, of Florence-terrace, New-cross. On Monday night, 4th March, I went to bed about half-past eleven o'clock—I left the outer doors secure, and the parlour-window unbroken—my servant called me about six in the morning, and I found the house had been broken open—the back-parlour window was up, and the shutters wrenched from their fastenings—I missed some spoons, a time-piece, a great coat, and other things which I had left safe in the parlour the night before—these are portions of my spoons (produced)—they have my initials "J.M." on them—this dessert spoon has "H. M. M." on it—it is mine.
JANE ELIZA MASON . I am the prosecutor's daughter. I went to bed at half-past eleven o'clock on 4th March—I saw that the parlour-shutters were fastened, and the window safe—in the morning, I missed my desk from the sideboard in the back parlour—it contained a 5l.-note, three paper-knives, a dictionary, a ruler, and several other things—this is the desk (produced)—it is broken open—the 5l.-note is gone—I missed about 7s. 6d. from a small box in the back parlour, and a magnifying-glass, and a clock, and a Ladies' Companion from the mantel-piece—these are the things I missed.
MARY ANN MORRIS . I am servant to Mr. Mason. I came down first on Tuesday morning, about six o'clock—I found the back parlour shutters forced from the wall, and missed some of the things—I went and told my master.
JOSEPH HEATON BENSON . I am a silversmith and jeweller in Newington-causeway. On Tuesday morning, 5th March, William Burns came and offered for sale a dessert-spoon, a pair of sugar-tongs, two salt-spoons, find a tea-spoon—the handles were broken off all of them—I went out at the private-door, got a policeman, and gave him into custody—while I was at the station, two constables came in with the tops of the spoons and sugar-tongs, which fitted those that had been offered to me—those produced are them.
GEORGE TOMPKINS (policeman, M 166). I was called by Mr. Benson, and went with him and William Burns to the station—I searched him, and found in his shoe this handle of a dessert-spoon, with the initials "H.M.M." on it—I also found on him 5l. 10s., two threepenny-pieces, and this coin, this dictionary, and this silver thimble, which Miss Mason has identified—I afterwards went to John Burns's house—I asked him if a person named William Burns lived there—he said, "No"—I asked whether he had got a son named William—he said, "Yes"—I asked where he worked—he said he had not had any work for some time, but he worked for a man named Sitell, in Clerkenwell—I asked when he had last seen his son—he said, between nine and ten o'clock the previous evening; that his wife was ill, and he went upstairs; that he was not in the habit of living there; he came there occasionally; he had not seen him that morning—he said he did not know where he lived.
JOHN CARPENTER (policeman, R 38). I went to the prosecutor's house on Tuesday morning, and found it broken open—in the parlour I found this crowbar—I compared it with the marks on the shutters, and found that it had been the instrument used in breaking them open—I also found this knife, which had been used to the putty—I found that a drawer in the book-case had been attempted, and between it and the frame of the book-case I found this point of a screw-driver—in the back garden I found the footmarks of two persons coming to and going from the house; one was rather larger than the other—next morning I compared William Burns' shoes with the larger set of the footmarks, and they corresponded exactly—I afterwards went to John Burns's house, and in a cupboard there I found this desk and its contents, and in a drawer over the cupboard I found this portion of a screwdriver,
and a quantity of other screw-drivers and things—they are very good housebreaking tools—I have compared this part of the screw-driver with the point I found in the book-case, and they exactly correspond, so much so that when it is put together you cannot see where it is broken—John Burns was at that time in custody—I went to the station, showed him the tools, the iron bar, and the screw-driver, and asked him whose they were—he said they were his, and the iron bar he said was, a burnishing tool, and showed me how it was used—the shoes of John Burns would not fit the other footmarks; they were larger.
(John Burns put in a written defence, declaring that he knew nothing of the things found in his house, or how they came there.)
JOHN BURNS— NOT GUILTY .
870. JOHN BURNS was again indicted for stealing 1 table-cover, 20 yards of rope, and 1 printed book, value 6s. 6d.; the goods of George South; and 1 table-cover, 2 hearth-rugs, and 2 carpets, 5l. 2s.; of Priscilla Wall.
MR. PARNELL conducted the Prosecution.
PRISCILLA SOUTH . I am the wife of George South. On 31st Jan. I was living in Great Dover-street, Newington—the house was then under repair—the house was broken into on that night, and next morning I missed the articles stated, and a book of the subscribers to the Licensed Victuallers' Asylum from the table-drawer—the prisoner then lived in Manor-cottage, at the back of our house—this is my table-cover (produced)—I can swear to it, and this clothes-line I know by the splice and the loop at the end—I cannot swear to this book, but the one I lost was similar to it.
PRISCILLA WALL . I am the prosecutrix's mother. I was living with her at the time of the robbery—this is my table-cover—I know it by the marks at each corner, where it was doubled down to fit the table, and also by this tear in it—since I lost it it has been torn further.
ALFRED AYLETT (policeman, M 51). I searched the prisoner's house, Manor-cottage, on 3rd March, and there found these two table-covers—one was in the back kitchen, and the other in the front parlour, under a flower-stand—this clothes-line was in the front yard—Mrs. Wall's cover did not fit the table on which I found it.
Prisoner's Defence. My son told me that he brought the table-covers and things to my house unknown to me; I did not know they were there.
GUILTY . Aged 41.— Confined Twelve Months.
(There were two other indictments against the prisoners for burglary, to which William Burns also pleaded guilty.)
GUILTY .— Confined Six Months.
GUILTY . Aged 17.— Confined Twelve Months.
JOHN GUIDON . I live at Merton, and occupy a house. On Saturday, 6th April, between one and two o'clock I fastened all the doors and windows, and went into the garden, leaving no one in the house—I returned in twenty minutes, and found the door still locked—I unlocked it, went into the kitchen, and there saw the poker across a chair—it was in its proper place when I
left—I went up-stairs, and found the bed partly turned over, and missed a purse with two sovereigns in it, from between the bed and mattrass—three or four drawers were open, but nothing was taken from them—in the kitchen I found a square of glass broken near the fastening, so that anybody could undo it easily—when I was in the garden I saw the prisoner skulking about, looking over my premises—I did not see his face—I had never seen him before.
Cross-examined by MR. PRENDERGAST, JUN. Q. Was the glass broken or cut out? A. Broken, as if a finger had been knocked through it—the house is in the middle of the garden—there are fields at the back—the prisoner was skulking in the road leading to my cottage—it is the common road—he was coming from Bicknell's towards the Epsom-road—it is quite a private place—I have not seen the purse or sovereigns since—they were both quite bright sovereigns, brighter than this (looking at one,) and both "1845"—I do not call that a bright one.
Cross-examined. Q. He was walking along the road? A. Yes; he lives in Merton.
JAMES HILLS . I am a labourer, and live about 150 yards from Mr. Guidon's. On Saturday afternoon, a little before two o'clock, I saw the prisoner coming from Merton, passing by a bye lane which would lead him to Mr. Guidon's.
Cross-examined. Q. Was he coming towards the lane? A. Yes; I did not notice whether he turned down it.
CORNELIUS SHARP . I live at Merton, and am a grocer. On Saturday afternoon, between three and five o'clock, the prisoner came to my shop and purchased some gunpowder, shot, and percussion caps, which came 4 1/2d.—he offered me a sovereign—it was peculiarly bright—I had not sufficient change and he went to the turnpike-gate, came back with change, and paid me.
SUSAN DINDON . I live at the turnpike-gate at Merton, and collect the toll. On Saturday, between four and five o'clock, I gave the prisoner change for a sovereign—it was bright, but I did not notice it particularly—I put it into a bag with some silver and sent it away to the collector.
ROBERT MITTELL (policeman, V 41). I apprehended the prisoner the same night, at his father's house, in bed, between eleven and twelve o'clock—I said I wanted him for breaking into Mr. Guidon's, and stealing a purse and two sovereigns—he said he knew nothing of it, he had been minding birds all day for a man named Pimlet—I said he must go to the station—I asked if he had any money—he said no—he put on his clothes—I searched him, and found a penny, a key, and a few gun-caps—I found 6s. at the head of the bed, which he said was his.
RICHARD GOLDING (policeman V 31). I went to Mr. Guidon's on the Sunday morning, and observed some footmarks in the ditch—1 covered them up, got the prisoner's boots, pressed a footmark by the side of the ones there, and they exactly corresponded—I took the boots back, and the prisoner put them on.
Cross-examined. Q. How did you cover them up? A. With part of an old frying-pan, and a pan-tile—Mr. Guidon saw me cover them.
NOT GUILTY .
ADJOURNED TO MONDAY, MAY 6TH, 1850.
The following Prisoners, upon whome the Judgment of the Court was respited at the time of trail, have been sentenced as under: