CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 6th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB, LORD MAYOR of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Edward Vaughan Williams, Knt, one other of the Justices of Her Majesty's Court of Common Pleas; Thomas Kelly, Esq.; Sir Chapman Marshall, Knt.; John Humphery, Esq., M.P.; Michael Gibbs, Esq.; John Kinnersley Hooper, Esq.; and Sir James Duke, Bart., M.P.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City; William Hunter, Esq.; Thomas Sidney, Esq., M.P.; Francis Graham Moon, Esq.; and Robert Walter Carden, Esq.; Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City; and Russell Gurney, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
DONALD NICOLL, Esq.
JAMES JOSIAH MILLARD, Esq.
DAVID WILLIAMS WIRE, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. SEVENTH 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, May 6th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. HUMPHERY; Mr. Ald. HOOPER; Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. SIDNEY.
Before Mr. Recorder, and the First Jury.
GUILTY . Aged 14.— Confined Fourteen Days and whipped.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Monday, May 6th, 1850.
PRESENT—Mr. Ald. HOOPER; Sir JAMES DUKE, Bart., Ald.; Mr. Ald.
CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. COOPER conducted the Prosecution.
ABRAHAM PHILLIPS . I live in Bath-street, City-road, and am a cigar-dealer. In Dec. 1849, the prisoner entered my service—an agreement was entered into between us—this is it (dated 22nd Dec, 1849, agreeing to serve the prosecutor three years, as town traveller, to settle every Friday, and not to sell on credit without Mr. Phillips' consent, at a salary of 10s. per week, and 5 per cent. commission on monies collected)—early in Feb. the prisoner said to me that he had called on Mr. Blest, who keeps the King's Arms, at Woolwich, and he
thought he should be able to do business with him—on 18th Feb. he took out a box with 61b. of cigars—he returned in the evening without it—I asked him if he had sold the box of cigars; he said yes, to Mr. Blest, for 11s. 6d. a pound, which came to 3l. 9s.—I asked what credit he took—he said about a month—on 13th March I discovered that Mr. Blest had not taken the cigars—on 18th I gave the prisoner in custody—I said to him, "You have received some money?"—he said, "Yes; I was coming down this morning with it"—I said, "I have been to Woolwich, and called on Mr Blest, and he knows nothing about purchasing the cigars"—he said, "No; he don't know you"—I said "He declares he has not purchased anything of the kind"—he said, "Well, he did, and I got the money"—I never received any money for them.
Cross-examined by MR. BALLANTINE. Q. Have you always carried on the business of a cigar-merchant? A. No; I manufacture watches and clocks—that is my business—I was unfortunate in that, and added the cigar business to it, which I have carried on nineteen or twenty years—I think the prisoner came into my employ about Nov.—this agreement is dated 22nd Dec.—I think he had been two or three weeks in my employ before the agreement was entered into—he was not to share the profits—he was to take all the trouble, find all the customers, do all the travelling, and to get 10s. a week and the commission, which depended on what business he did—in one week the commission amounted to about 4l.—on an average it amounted to 25s. perhaps; I never made any calculation—I cannot answer that it was more than 10s.—I should think it was more than 5s.—my trade has nothing to do with his—he was selling my cigars amongst his customers—Mr. Yates, my attorney, drew up this agreement—the prisoner had a copy of it, and he told me he had shown it to his attorney—I received a letter from him since 18th Feb.—Mr. Yates has got it—the prisoner has not spoken of me as his partner in my presence—when I settled with him he signed his name in my book (produced)—this is his last signature, on 28th Jan.—I believe he then had about 3l. 10s.—I did not put the amount down here, but he would not have signed it without receiving the money—there never has been any amount put down in the book—he has been borrowing money since 28th Jan.—I have two "I O U's," one for 4l. and one for 1l.—I have not come to any settlement with him since 28th Jan.
MR. COOPER. Q. Do you owe him anything? A. Yes; the commission on the goods that have been sold since 28th Jan.—I have received 36l. 14s., that is the whole business he has transacted since then—what is due to him is the 5 per cent. commission, for which he has overdrawn 5l.—the thing had run on a few weeks, we then settled the books—the account was gone over on a paper—I never saw Mr. Blest till the time I called at his house about this.
Cross-examined. Q. You have dealt with him for cigars? A. Yes; about eighteen months ago, but not since, because he sold me some British cigars for foreign—no person in my employ buys cigars.
JAMES BRANNAN (police-inspector.) On 18th March I took the prisoner—he said he sold the cigars to Mr. Blest, and received the money—the prosecutor said, "Mr. Blest said he did not"—the prisoner said, "He won't say so when he sees me; he paid me the money."
Cross-examined. Q. Are you sure he said the name of Blest? A. Yes;
I found on him a knife and three sovereigns—I sent him away in custody of Hawkins—he said he was going to call on the prosecutor that morning.
(The prisoner received a good character.)
NOT GUILTY .
MR. COOPER conducted the Prosecution.
Cross-examined by MR. BALLANTINE. Q. Did the prosecutor ever consult you on the subject of the prisoner having started in business on his own account? A. I remember his stating to me that the prisoner had done business on his own account, contrary to this agreement—I should think that must have been about a month or five weeks ago.
ABRAHAM PHILLIPS . On 11th March the prisoner took oat 41bs. of Cuba cigars—he had mentioned a customer at Vauxhall-bridge—I do not recollect that he mentioned any name—he took the cigars out that day, and returned without them—he said he sold them to Mr. Benson, at 7s. 6d. a pound—they were put down in my book in that name—he said they did not take any particular credit, but they would pay for them in two or three weeks—I saw Mrs. Benson—I have not received a farthing of the money—the last time I saw the prisoner was on 13th March—I met him in Holborn—I said to him, "As I am at this end of the town, I think I will call on Mr. Jones for my account—he said, "I would not go there if I were you till Friday; he promised to pay on Friday"—I said, "Very well, I won't;" but I had to go up in the evening and called—I had an account against him of 4l. 5s.
Cross-examined. Q. Was Jones's case gone into before the Magistrate? A. I think it was—here is the entry in my book for 4lbs. of Cuba's, to Mr. Benson—they came to 1l. 10s.—the entry is mine, the address is my nephew's writing—they were entered according to what the prisoner told me: all at the same time—here are entries to Dwyer and Laing, and a great many others, in the same month—I do not think any of them are settled for yet—the prisoner paid me on the 5th, 15s., for Mr. Dwyer—"paid" is put to it—I did not know that the prisoner had set up in business on his own account—he gave me notice to quit on the 12th, and told me he was going to start in business on his own account—I did not speak to my attorney, or to anybody, about that, till this time.
ELIZABETH BENSON . I am the wife of James Benson, of 8, Bridge-street, Vauxhall. On 4th March the prisoner brought 41bs. of cigars to our shop—they were to be sold at 7s. 6d. a pound; he left them—I told him I never bought them without having my husband's approval—he said, "Never mind"—he did not say for whom he was selling them—I thought it was on his own account—he called that day week, 12th March, and I paid him 1l. 10s.
JAMES JONES . I live in Bear-street, Leicester-square. I have had cigars of the prosecutor—I was in his debt 4l. 5s. 3 1/2d.—I think it was about 15th or 16th March—I paid that to the prisoner—it was on a Friday—I gave him a check for 5l., he brought me the difference, and gave me this receipt.
Cross-examined. Q. Was the check crossed? A. I think not, but it was after banking hours.
GUILTY .— Confined Three Months.
On Sunday morning, 24th March, when I came down I found the green-house door open—some calico was kept in the room there, and some knives and forks, and a book—these are them—they are my master's—I had seen them about a week before—I missed them on the Monday morning—this book belongs to one of the school children.
Cross-examined by MR. PAYNE. Q. How do you know the knives? A. By cleaning them—I know this calico by some red threads, and by the needle being left in it—I saw it safe on the Friday, and missed it on Monday—I had not occasion to look for the knives from Friday till Monday—we do not use them in common—this Catholic prayer-book is John Burton's—he is one of the children in the school kept by Mrs. Walker.
PETER GEORGE LACEY . I live at Kenton—the prisoner lodged with me some few weeks—he brought the things to my house about half-past seven o'clock on Sunday morning, 24th March—he said to my wife, "What do you think of my find?"—she said, "Where did you find these?"—he said, "Up in the road"—(I live forty or fifty yards from the road)—he said he supposed some one had been moon-shining it in the night, and the bundle had dropped off some cart or wagon—he said, "If any one calls and should own it, let them have it," and if they did not, he should consider it as his own—he took it in the back room and laid it on the flue—on the Wednesday two policemen came to my house, and I gave them what the prisoner left. NOT GUILTY .
ALFRED VIGOR (policeman, S 116). I know the prisoner—I have frequently seen him on the road to Kingsbury. On 19th March I heard of the National school-house at Kingsbury being opened and robbed—On 27th March I followed the prisoner to a house in Camden-town—I asked Mrs. White, in his presence, whether the prisoner lodged there—she said "No"—I asked her whether he had got any property there—the prisoner said, "No" but she said he had left a parcel there a few days previous—I opened the parcel and looked at the things—I asked the prisoner if it belonged to him—he said it did; he bought the things of a man in the Edgware-road—I said I believed it to be stolen, and I should take him into custody—I searched him, and found on him these keys—my brother officer asked him whether he knew anything about a clock—he said, "No"—Mrs. White said, "Yes, you brought one and sold it in Camden-town for 3s."—he said nothing to that—I took him to the station—I then went to a broker's shop and found this clock—I afterwards took the keys to the school and fitted them to the locks—every key fitted some lock there.
JANE CRAWFORD TAYLOR . I am single—I am mistress of the National-school at Kingsbury. On 19th March I left the school at half-past four o'clock—the front door was locked—I took the key to the house where it was kept every evening—I went to the school next morning, and missed the clock, a candlestick, snuffers, and tray, and other things—these are them—they were all safe the evening before—I know this clock—here is a bit chipped off it—the things were under my care—I missed a large bag—I
cannot swear to this—the table-cover and keys belong to the school—I saw the keys tried to the locks.
Cross-examined by MR. PAYNE. Q. Do you know what the keys belong to? A. Yes, two to the organ in the school, and the rest to the cupboards and desks—I always kept them—no one lives at the school—the children lock the school, but I always see it locked—the key is left at a shop by direction of the Minister—I live about a quarter of an hour's walk from the school—no one else is employed in the school.
ELIZABETH WHITE . I know the prisoner. On 20th March he called at my house at Camden-town—he asked me if I would let him leave a few things—I said I had not much room, but he left this table-cover, candlestick, and bag—he then said he had got a clock, and was going to sell it, as he wanted the money to buy things to hawk with—I went with him to Mr. Bignell's, where he sold it—I went to the door, but did not go in—I afterwards took the policeman there—the prisoner said he should fetch away the things that he left on the next day, but he did not call.
WILLIAM BIGNELL . I am a broker, of York-street, Camden-town. I bought this clock of the prisoner—I said, "Is this all right?"—he said, "Yes"—I gave him 3s. for it, which was the full value—this woman came into the shop; she has perjured herself.
NOT GUILTY .
GUILTY . Aged 25.— Confined Six Months.
THOMAS MATTHEWS . The prisoner was in my employ. On 13th April I desired him to go to Mr. Briant's, is Princes-street, for a load of manure—on the Saturday evening, when I paid him his wages, he said he had not been able to go to Mr. Bryant's, but he had purchased the load in an adjoining street, and paid 5s. for it—I paid him the 5s.—I had not to pay Mr. Bryant anything for that particular load—I pay him yearly.
NATHANIEL SLADE . I am in the employ of Mr. Bryant—I know the prisoner by his coming to the yard for dung. He came for a load on 13th April, with Mr. Matthews' wagon and horses—I saw him load the wagon with dung and go off with it
Prisoner. I did not charge Mr. Matthews 5s.
GUILTY.—Recommended to mercy by the Prosecutor. — Confined One Month
WILLIAM BULLOCK . I am a silk-manufacturer, of Paternoster-row. This order was brought by the prisoner to me on 19th April, and in consequence of it I delivered him two lengths of ruby velvet, six yards, and one yard and a half—these are them; they are my property.
Cross-examined by MR. ROBINSON. Q. Is it the prisoner's father's signature that is put to this order? A. Yes; I have supplied him with goods—he has been in the habit of sending me orders very similar to this.
HENRY THOMAS EDWARDS . I am a cabinet-maker. The name at the bottom of this order is not mine (read); it is very like my son's writing—I think it is his, but am not quite positive—he can write two or three hands.
Cross-examined. Q. I believe he has been at sea some time?A. Yes, about four years—I have the means of getting him to sea again.
THOMAS BRADLEY (City-policeman,269). I took the prisoner—I said he was charged with obtaining goods by false pretences—he said, "Mr. Bullock's, I suppose?"—I said, "Yes"—I produce a certificate of his former conviction at this Court—(read—Convicted Feb. 1846, confined six months)—he is the person. GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.—
Transported for Seven Tears.
JOSEPH MYERS . I am a builder. On Saturday, 27th April, I was at the Asylum at Colney Hatch, paying the men—the prisoner was there—he is a carman—he was called, and did not answer—there was 3s. 9d. due to him—18s. was due to a carman named Bellhouse, which was put down on the pay-box for Bellhouse to have it—it was mine till he got it.
Prisoner. I received 5s. one week instead of 18s., and you said if there was any mistake we were to come to you the next week; I was away ill two weeks; "Salter" was called, and I went in and took the money.
JOHN VINEY . I was present when the men were being paid, and saw the prisoner there—I called his name twice; he did not answer—I heard Bell-house's name called next, and his money was put down—the prisoner took the money up, and went away.
JOSEPH BELLHOUSE . I am a labourer. On 27th April, I was at the pay-office—I heard the prisoner's name called twice—I did not hear him answer—my name was called, and the money was put there for me—the prisoner took it, and went away—then I went to the box for mine, and got the money that was not right.
JAMES WALLIS . I was sent after the prisoner that evening—I found him in a public-house—I called him out—he said he had got too much money and he would come back and bring it—he then went to the house and told his brother—his brother said he had got 10s. of the money, and he should stick to it.
RICHARD LATCHFORD . I am a watchman in Mr. Myers' employ. On 27th April I was sent after the prisoner—I met him, and said, "You are the man I want"—I did not tell him what I wanted him for—he said, "I shan't part"—he drew a stick out, and said, "If you come nigh me, I will give you this"—I gave him into custody.
NOT GUILTY .
GUILTY.—Recommended to mercy by the Prosecutor. — Confined One Month
WILLIAM HOLLOWAY . I am assistant to Edmund Bailey. On 23rd April I hung some boots in front of his shop in the morning, and between three and four o'clock I missed one pair—these are them; I know them by the mark.
Bailey's—I saw Harris and another person come up and stand looking—Jarvis then took the boots off the nail—the other two were standing close by him—Jarvis put the boots under his left arm—he came by me and said to the others, "Take them"—they would not—he got on further, and said, "Take them," and then Harris took them—I told Mr. Bailey and the police.
ALBERT AUSTIN (policeman, S 869). I was on duty at Great Stanmore—I saw the prisoner and another lad together—I passed by them at two o'clock—I afterwards heard of the robbery, and took the prisoner; the other got away.
Harris's Defence. I was coming along; I saw this boy and another; I walked by them; I never stole anything, nor saw them steal anything.
Jarvis's Defence. I never knew there were any boots stolen.
HARRIS— GUILTY . Aged 17.— Confined Four Months.
JARVIS— GUILTY . Aged 17.— Confined Twelve Months.
ESTHER ISAACS . I live with my father and mother in Duke's-place; the prisoner came to lodge there, I think on 8th April—her room is on the first floor—my father and mother's bedroom is on the second-floor—I was on the watch on 3rd May from half-past eight o'clock in the morning, till a quarter before two in the afternoon—I then saw the prisoner come up-stairs and peep through the keyhole of my mother's bedroom door—she then put a key in, opened it, and went into the room—she was in two or three minutes, and came out with a bundle—she locked the door, and took the bundle down to her own room—I went into her room, and said, "You are a thief"—she said she did not know what I meant, and asked me if I had been robbed again—I called my father, but before he came I saw the prisoner throw the bundle under the bed—my father came, and found it there—this dress was in it—it is my mother's.
SAMUEL ISAACS . I am a dealer in fruit. I set my daughter to watch, and was afterwards called up, and found this gown under the prisoner's bed—it is my wife's—my house is in the parish of St. James's, Duke's-place.
JAMES PHILLIPS (City-policeman, 643). On 3rd May, I was sent for to Mr. Isaacs about two o'clock in the afternoon—this dress was lying on the bed—I took the prisoner—I went back to the lodging, and found seventy-six duplicates, but none of them can be identified by the prosecutor.
Prisoner. I did take the gown; I was under the influence of drink.
GUILTY .— Confined Twelve Months.
JANE PINK WEAVER . I am single; I have known the prisoner twelve months next August; I was in a situation at Finchley. On Sunday, 7th April, the prisoner came to pay me a visit—he said his work was very bad, and he wanted a little assistance—I told him I could not assist him—I put
my hand in my pocket, and gave him some lozenges—I had in my pocket 3s. 6d., and three duplicates—he asked if I would let him have the duplicates, but I did not—it was then about half-past eight o'clock—I had been out with him—we separated, and I went in-doors—when I was going to bed, I missed the money and duplicates—one of them was for a dress, another for an accordion, and another for a shawl and some other things—these are two of them—I let him know that I had them, and he said he wanted them to get more money on them—I refused to let him have them, and put them back into my pocket.
Prisoner. We lived together six or seven months as man and wife. Witness. I lived with you between two and three months; I did not give you the 3s. and the duplicates, or place the money and duplicates in your hand, and tell you to bring them back on Sunday week.
JAMES HARRISON (policeman, M 195). I took the prisoner—he acknowledged having the duplicates, but said she gave them to him and the 3s. 6d.—3s. was to redeem the accordion, and the 6d. to spend on his way home.
Prisoner's Defence. We lived together six or seven months; she then left me and went to service; she wrote a letter to me to ask me to come to her; I went, and she gave me the money to bring the accordion; she said, "If I give you the other two duplicates, will you bring them back on Sunday week?" I said I would, but instead of waiting the fourteen days, she gave me in charge.
NOT GUILTY .
OLD COURT.—Tuesday, May 7th, 1850.
PRESENT.—Mr. Ald. KELLY; Mr. RECORDER; and Mr. Ald. CARDEN.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 25.— Confined Three Months.
GUILTY . Aged 26.— Confined Six Months.
JOHN COURTENAY . I am a surgeon of Finsbury-terrace. On 5th April I found the prisoner in the room where I see patients—he said he wished to bring a young friend to consult me in the evening, and wished to know what time I should be at home, and what my charge was—I said I should be at home all the evening, and he appointed to come about eight o'clock—as he was leaving, I said I wished to speak to him, as a person had called on a friend of mine, a medical man, Mr. James, a short time before, and had gone away and taken some books with him—he was rather indignant, and I offered to go with him to Mr. James—he said he would be most happy to go—as I was putting on my coat, he said, "For God's sake don't take me there? I am the person who took the books"—I sent for a policeman.
Cross-examined by MR. ROBINSON. Q. Are you certain those were his words? A. I am quite sure they were to that purport—he appeared excited.
HENRY JAMES . I am a surgeon of Artillery-place, Finsbury. On 7th March the prisoner came, and was shown into my consulting-room, he said he wished to bring a young friend in the evening, and wished to make an appointment—he asked the charge, and said he wished it kept secret as it was a private complaint—he made an appointment for the evening—he was in the room ten minutes before I went in—after he was gone, I missed some books from the cheffonier—I looked out, but could not see him—I informed Mr. Courtney.
Cross-examined. Q. You were asked to go to the station to see him? A. Yes; I swear he is the man—I had never seen him before—I think the books I missed were two volumes of the "Medical Gazette"—a space for two books was left, which had been filled up before, and there were marks in the dust where they had stood—my hat stood before them when the prisoner went in—when I took it up I missed them—they were octavo volumes—he bowed himself out backwards, and never came again.
LOUIS BRAY (policeman, P 105.) I produce a certificate of the prisoner's former conviction, from the clerk of the peace for Surrey—(read—Convicted May 1849, and confined six months)—I was present—he is the man.
GUILTY .— Confined Fifteen Months.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
CHARLES FANCUTT . I am a dealer in coal and coke, at 15, Maiden-lane, Covent-garden. I know the prisoner by the name of Cruise and other names—on 2nd Jan. I was at the Blue Posts, Newman-street, Oxford-street—the prisoner was there, and a man named Burnell—Cruise showed me a book in Burnell's presence, which he said was a list of houses he had indicted—he said they were in the habit of taking houses and opening there—he said, "I get my living by it"—he wished me to join them, and said, "I shall make hatfulls of money; it is our living, we have done so for years"—in the list was the name of a person I knew, Joseph Gillham—I asked him what sort of a man he was—he described him, and I said, "I know the man, he gave my wife away when I was married in 1833, and I am sure he never did anything of the kind"—I meant, keeping a brothel—I said, "You must make a mistake, and I will see you again"—he said, "Very well"—I declined seeing him again, knowing he was wrong—he said Gillbam was one of the gang who kept the brothels in James-street, Oxendon-street—they said, "We have indicted eighteen, and shall make lots of money by it"—they said they prosecuted Gillham merely to make money.
Cross-examined by MR. CLARKSON. Q. How long have you known Cruise? A. Since the latter end of December last year, and Burnell since January this year—there were two other persons in the house, Wall and Taylor, brick-layers, who were repairing the house which Cruise had taken—I only know Allen by seeing him here—he was with Gillham when he came to my house about my evidence—at this time I was living in Charlotte-place, Fitzroy-square, and was a carver and gilder—I lodged there four years and a half—I never got my living in any underhand way, and have never been in trouble—I became acquainted with these people by speaking to Wall, who I had known a long while, and who was colouring the front of Cruise's house in Newman-street, facing the Blue Posts, where we adjourned to—Cruise came, and I went there several times afterwards—I have had no money for this transaction, only 5s.
for my day's work—I have been here three times—a person named Twigg paid me—I do not know where he lives, or whether he keeps a brothel—I have only known him the same time as Allen—I swear he has not paid me the 5s. more than three times—whether Mr. Allen paid me one of those three times I cannot say—I do not know where Allen lives—I tried to save my friend Gillham, who I have known since 1829—he was clerk to Messrs. Allen and Gilby eleven years, to my knowledge—I do not know why he left; I have heard many surmises—no one but Twigg has paid me any money—I have had none to-day, nor yesterday—I believe I had the last 5s. the Session before last—I was never at 15, Melton-crescent—I only know Taylor by seeing him work at the same house as Mr. Wall.
WILLIAM WALL . I am a bricklayer. On 2nd January I was working for Mr. Cruise—I went into the Blue Posts and saw Mr. Cruise and Burnell, Fancutt, and Taylor, who had been employed at the same job—Cruise pulled out a pocket-book, and said, "Now, if you like to join with me, there is hatfulls of money to be made; I have got eighteen indictments"—he said he would take the houses, and I could take the bricklayer's work, that if I or anybody else wanted a house he would take them one if they would give him 2l.—that was with reference to the houses they were indicting—he said he had taken a house of Mr. Parker, and he would indict Gillham because he was the cause of their not getting so much money as they ought, by advising them not to pay, but to take their trial.
Cross-examined. Q. Where do you live? A. In Bedfordbury; I have lived there nine months—before that, I lived twelve months at Nottingham-court, and eight years in Lumber-court—I kept a greengrocer's shop, and followed my own business as well—I know a man named Orchin; he has a house in Shire-lane—I think he was indicted for keeping a bawdy-house, I am not sure—I am not bail for him, I told him I would be—I never became bail for him, or any one else—I did not know then that he had been indicted with Twigg; I do now—I have not left Bedfordbury without paying my rent; it is not due; I have not been there a quarter—I never took a house in any name but my own—I have had 3s. 6d. a day for coming here—sometimes Allen paid me, and sometimes Twigg—I received it every day—I have not received 3s. 6d. from Allen fifteen times; I should say it is seven or eight times—the other witnesses have been with me—I have not seen Taylor paid—I may have received the 3s. 6d. three or four times from Twigg, and not above twice from Mr. Gillham—the last I received was yesterday; that was from Twigg—I had not received it since last Session—it was Allen and Twigg told me I should have 3s. 6d. a day, Gillham was not with them—my son was in the house—he is a bricklayer—I believe he has 3s. 6d. a day in the same way—Fancutt has been with me when I have received mine—I suppose he has the same as me—I have known him about fourteen years—I have not said that now I had got work I would not give evidence, if I did not have 7s. a day, or anything to that effect—I have known Orchin about eighteen months—I do not know that he has been indicted—he asked me to become bail for him, and I said I would; I am a housekeeper—I know a Mr. Howe (pointing him out.)—I became bail with him for Orchin—that was the first time I had ever been bail for any one—I have never been in difficulty—Fancutt was present when Cruise told me he should indict Gillham.
MR. BALLANTINE. Q. Who was indicting Orchin? A. I believe it was Cruise and Burnell—it was two or three months ago—I am not out of my recognizances; they have still to come up at Clerkenwell—I get 3s. 6d. a day; my wages as a bricklayer are 5s.—I am paid according to the scale
written up here—I was in Cruise's employ at this time—I get nothing from him—he owes me 5l. 15s.
WILLIAM TAYLOR . I am the son-in-law of the last witness. I was at the Blue Posts on 2nd Jan., and saw Gillham, Cruise, Burnell, my father-in-law, and Fancutt—Cruise said he wished us to join him in the course he was playing, as an informer—he said he had played the game a long time, and had made hatfulls of money, and he could do the same again—he produced a red hook, which he called his "free list"—it was a list of persons where he had received money from, whom he had been in the habit of indicting—Gillham's name was mentioned—he said he was indicting Gillham, because he told the parties who he was going to indict not to give him money.
Cross-examined. Q. How long have you known Twigg? A. Two or three months; Fancutt and Orchin introduced him and Allen to me—I have known Gillham six months—I overheard him say his name was Gillham, at a public-house at Westminster, and told him Cruise was going to indict him—that was the first time I met him—I have only had my daily pay, 5s. a day, that is what I earn, and what they have given me—I received the last 5s. yesterday from Twigg, opposite the Old Bailey—I have had 5s. from him four times, and twice from Allen, never from Gillham—when I was at work I received the same pay as my father-in-law—I never saw him paid his money in this case—I have been in prison twice—the last time was about three weeks before Christmas—I was charged with assaulting a woman named Edwards, who had murdered my mother, Maria Wall; she lived with my father-in-law, William Wall; he was not charged with anything in reference to it—I sometimes go by the name of William Wall Taylor—I have been in prison for drink, but only twice for felony; I will not swear that—I was charged with stealing a copper at Hick's-hall, and had three months—the other time was on suspicion of stealing lead—I got three months then—that was about two years ago—I do not exactly know what "felony" means—I have not been in prison this year—I was last year, for assaulting the woman—I cannot swear I have not been in prison a dozen times—I have not been promised 5l. in the event of the prisoner's conviction.
JAMES ALLEN . I live at 15, Melton-place, Euston-square. On 30th Jan. I was in the Exchequer Tavern, Bridge-street, Westminster—Twigg and Gillham were there—I went, by Gillham's direction, to see if there were any more indictments against Twigg—I had notice of bail—before I went in, I saw Cruise in Palace-yard—it was the last time the Grand Jury sat at Westminster—Gillham said, "There is the man that found the bill of indictment against you and me and the other parties"—(before that, we had been to Mount-street, to serve Cruise with notice of bail—we saw his father and mother—he was not there)—Gillham said he had been up to Mount-street and found he did not live there, and where could he serve him with notice of bail—Cruise said if he had the notice of bail ready he would take it now—Gillham said it was not filled up, but if he would go into the Exchequers he would give it him—Gillham had something
to drink while he was making out the notice; and Cruise said, in Twigg's hearing, he was going to give it to Twigg, to indict him—Twigg said, "I am Twigg"—Cruise said, "I did not know it; I took you to be Gillham, and Gillham to be Twigg"—Cruise took the notice, and we all left—he said he was very sorry for what he had done, for Burnell would get him into Newgate; that he did not know the house that had been indicted in Melton-place till Burnell pointed it out to him—next day I saw Cruise in Whitcomb-street, Haymarket—he said if we gave him the money for putting in the bail, he would get the warrant and destroy it; there were seven in the indictment, and if we gave him what it had cost him for getting the warrant and certificate, he would burn it—we were to pay 5l. and some odd shillings—he mentioned Burnell's name, and said the old b—r would get him lagged—on 6th Feb. I saw Burnell in the street in the Old Bailey—he said the people next door, since I came to live there, had ceased to give him 1l. a month; and unless I gave him 1l. a month I was stopping his rent-roll; and if I did not give him 1l. a month, he would stick to me and indict me.
Cross-examined. Q. Have you been a keeper of brothels? A. I have—I have been indicted by the parish authorities—I cannot say how often; not a dozen times—I took the house, 15, Melton-place, of Mr. Gillham—it was a little more than twelvemonths ago—I have known him a good many years—improper characters have gone into it; I do not come here to tell stories—I kept a house of ill-fame in Spelder-street, Burton-crescent, four or five years—I then kept one with my wife at 1, Off-alley—I was there prosecuted by Burnell—I should not have had to have gone there if I could have given him 8l.—I carried on the same trade at Off-alley six or seven years—I did not keep one at the same time with Mary Ann Powell in John-street, Golden-square—she kept that house six months—I lived with her—the whole of the court is brothels; that is the reason I went there—in 1845 my brother kept a brothel in Phoenix-alley—I received the profits for him for three months—I was indicted for it, and pleaded guilty—I was imprisoned six months for the house in Off-alley, through Burnell, because I would not give him the 8l.—I cannot say how many times I have been indicted by the parish—I never was convicted, except when I would not give the 8l.—I had applied for the house No. 15, Melton-crescent, before Gillham made it over to me—I had been refused—I did not apply to him when I found he had it; I applied to Mitchell, who I knew when I kept a broker's shop—I gave no reference as to my respectability to Twigg or any one; I did not know Twigg at all—he is occupier of that house—Mr. Gillham got the house, I could not have had it if he had not—Mr. Gillham has never been to my house in Spelder-street—I never committed any crime, or was charged with any felony—as Gillham is a poor man, Twigg and I advance the money for this prosecution—we are indicted together—it is to protect me as the keeper of a house of ill-fame—I have paid Taylor 3s. 6d. a day—he was taken from his work—I have given him something to drink—every day he has had to attend I have paid him 3s. 6d., not 5s.—I was not in Court when he was examined—Gillham introduced me to Taylor—Twigg was one who was going against me, and Wall, Burnell, and Cruise—they said if I did not tip them something I was to be indicted—there were to be five witnesses, including Cruise and Burnell—I do not allow Mr. Gillham anything a week—I will not swear that—I have not paid him 1l. a week; I have lent him money to carry on the prosecution; sometimes 10l., and sometimes 5l.—it may be very little less than 50l. altogether—that is not my share of it, but the joint amount—I was never charged with procuring the death of a woman by drowning—a woman named
Lovelock, who I lived with, drowned herself fifteen or sixteen years ago—she was not living with me at the time—she had lived with me four or five years—we had been separated two years—I am not married—I never lived with Lovelock's daughter; she never had a child—I am living with the woman I am indicted with—she is no relation of Mrs. Lovelock; she never saw her—I know a good many of the keepers of these houses—I have never asked any one to subscribe a farthing to prosecute the prisoner—I know George George, he was one of the witnesses when the prisoner was charged with stealing a sovereign—I did not give him any money, or promise him any—Cruise was discharged—I gave him in charge by the direction of Mrs. Orchin, who keeps a coffee-house in Serle's-place—a man named Woolfe, of 106, Shoe-lane, acted as attorney—I paid him 10s., as Mrs. Orchin had no money.
MR. BALLANTINE. Q. Have you ever paid Cruise or Burnell anything? A. No; I have been indicted three times by Cruise, but he never appeared, because he was afraid to go into Court; they were so infamous, that sergeant Adams would not admit them—I was not taken into custody—I saw the true bills found.
JOSEPH GILLHAM . I live at 7, Cowley-street, Westminster, and am a law-writer; I was twenty years in Gilby and Allen's service, of Carlisle-street, Soho, and acted as clerk at the Westminster Sessions. About a year and a half ago, I took the house, 15, Melton-crescent, for my own occupation—my wife is an embroidress, and has apprentices—I did not go to live there because there was a brothel next door—I let it to a man named Allen, for 32l. a year; the rest I was to pay. On 25th Nov., Burnell called on me, and wished me to assist him in getting up some prosecutions, which I declined; and on 29th I attended at Westminster Hall, and found out that I was indicted—I saw Cruise and Burnell sworn, and saw them go before the Grand Jury—I afterwards met Burnell in Coventry-street, and he said I was a scamp for not assisting him, and he would give me a dose for it—here is the indictment (produced)—the prosecutor is Frederick Cruise, of 51, Mount-street, Grosvenor-square, paper-hanger and decorator—I went to that address, and saw Cruise's mother—I met him on 30th Nov. by Westminster Hall, and asked him to give me his correct address, as I wished to serve him with notice of bail—he said if the notices were ready, he would accept them; but as they required signing and dating, I asked him to go into the Exchequer coffee-house while I did them—I signed my name, Joseph Gillham, to the notices—Cruise said, "Is your name Gillham, for if it is, Burnell has deceived me, for I took you for Twigg, and Twigg for you"—we have both been indicted since—he said he wished to God he had had nothing to do with it, he saw that Burnell was misleading him, and it would end in his being lagged—I asked him where he indicted me for—he said, for Euston-square, and that he did not know where the house was situated until a few nights before, when Burnell pointed it out to him—a couple of days after, Twigg and Allen called on me, and in consequence of what they said I went to Whitcomb-street, Haymarket, and found Cruise and a man named Merritt—Cruise called me out, and said, "I will not say anything in the presence of those persons" (Twigg and Allen)—he said, "I am afraid I have got into a mess"—I said it was his own doing, and I could not help it—he said he would rather stop the matter if he could; if I would give him the money it would cost to put in bail, instead of paying it to the Judge's clerk, he would get the warrant and burn it—he offered to go with me to the Crown-office to get the certificate and warrant—that would have come to 5l. 1s.—we went into the public-house, and got into conversation—I told him, in the presence of the other two who were indicted with me, that I
declined doing anything of the kind, and that I should indict him for what he had done—he has since preferred some indictments against me at Clerkenwell for the same house—I have never been in the house since—I offered to give it up to the agent.
Cross-examined. Q. How long have you known Twigg? A. Five or six years, and Allen about eighteen years; I left Allen and Gilby's office because I did not feel disposed to stop—I was not charged with receiving money and not accounting for it—I was behindhand 8l. or 10l. in my accounts—it was not more than 10l. or 12l.—I gave them an "I O U" for it—I am not able to make it up—there was no complaint against me when I left—I received this written testimonial, in Mr. Allen's writing—when Cruise told me he had indicted me, I was in the employ of Mr. Thorney, of Carey-street, as copying-clerk.
GUILTY . Aged 30.— Confined One Year.
JOSEPH HUGGETT (City policeman, 23.) On the morning of 24th April I was on duty at Exchange-buildings, and saw the prisoner at a picture-shop, putting his hands into the pockets of several gentlemen—I saw him put his hand into the prosecutor's pocket—he was taken, and this handkerchief (produced) found in his trowsers pocket—he had no other.
WILLIAM CHILDS . I am beadle of Trinity-square. I was looking into this picture-shop, and missed my handkerchief—I followed the prisoner, and said, "You have got my handkerchief"—he said, "I have got nothing but my own"—I held him—the policeman came, and my handkerchief was taken from him—this is it—I had not dropped it.
Prisoner. I saw it lying on the pavement, and picked it up. Witness. He told the Lord Mayor he was starving, and was determined to do something to get into prison.
GUILTY . Aged 17.— Confined Three Months.
NEW COURT.—Tuesday, May 7th, 1850.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. WILLIAM HUNTER; and Mr.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN WATLING . My husband is a butcher; we live in Clement's-inn-passage. On 20th April the prisoners came together, about nine o'clock in the evening—the man looked at a piece of meat—it came to about 1s. 6d.—he gave me a half-sovereign—I gave him change, and put the half-sovereign into the cash-box in the till, with two sovereigns, but no other half-sovereign—I believe the woman had something, but I cannot tell, our man served her, I think it was a piece of liver—I do not know what she paid—the prisoners went out together—in about a quarter of an hour the man returned, and
bought tome chops, which came to 10 1/2d.—he gave me a crown-piece—I gave him change, and put the crown-piece into the bowl—there was no other crown-piece there—after he had gone, the woman came again, in about half an hour, for half a shoulder of veal—it came to 6 1/2d.—the gave me a half-crown, and I gave her change—I put the half-crown on the ledger—immediately after she left, my son-in-law took up the half-crown, and discovered it was bad—I sent my shopman after the woman; he brought her back—I told her she had given me a bad half-crown—she said she had not, and said she had never been in our shop—the man was brought in soon after—he was told about the half-sovereign and the crown—he said he had never been in the shop before—I gave the half-sovereign, the half-crown, and the crown, to the policeman.
King. Q. When did you detect the half-sovereign was bad? A. Not till after you had passed the 5s. piece.
LIONEL JOHN WATLING . I am son-in-law of the last witness. On 20th April I saw the prisoners in the shop—I found the half-crown was bad—I called a man to detain the female prisoner—the male prisoner was not there then, but I saw him when he purchased the half shoulder of veal, about half an hour before—my mother took the half-crown from the woman—I had it, and I gave it back to my mother.
FREDERICK HENRY FAULKNER (policeman, F 143). I took the prisoners—I got this half-sovereign, this crown-piece, and half-crown, when I went to the shop—the prisoners were given into my custody—they said they knew nothing about the coins, and knew nothing about the house till they were called in by the shopman.
KING— GUILTY . Aged 23.
SMITH— GUILTY . Aged 19.
Confined One Year.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARY NEWELL . I am the wife of Robert Newell; he keeps the Feathers public-house, at Bayswater. On 10th April the two prisoners came to the house, about eleven o'clock in the morning—Keefe asked for a pint of porter, and gave me a sixpence—I gave him 4d. change, and put the sixpence in the till, with a 4d. piece that was there; but I am quite sure there was no other sixpence—I went to the till a few minutes afterwards, and found only the 4d. piece and sixpenee there—I then saw that the sixpence was bad—I wrapped it in paper, and put it into my pocket, separate from other money—the prisoners came in again, soon after twelve o'clock—Keefe again called for porter, for which he again paid with a sixpence—I gave him 4d. change—I put the sixpence on one side—I had two little girls come in at the same time, and I was obliged to serve them, and while I was doing that, the prisoners went out the back way—I discovered that the sixpence was bad when they were gone, and put it into some paper—about five in the evening the prisoners came again, and Cooper then asked for a pint of porter and half a screw of tobacco, which came to 2 1/2d.—he gave me a sixpence—I put it into my mouth to try it, and Keefe ran away directly—Cooper stayed there, and I told some men there to take care of him—he tried to get away—Keefe had run down the back stairs—I ran after him, and brought him back myself from the back yard—there is a way out that way—he struck me across the arm, I had not said anything about bad money then—an officer was sent for—I gave both the prisoners into custody, and gave him the three sixpences.
—I have the three bad sixpences—I found on Cooper 11d. in copper, and two sixpences; and on Keefe 5d. in copper, and a small key.
Cooper. I gave one sixpence; I know nothing about the other two.
KEEFE*— GUILTY . Aged 26.— Confined Two Years.
COOPER— GUILTY . Aged 37.— Confined One Year.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN SCOTT . I am the wife of Thomas Scott; he keeps a general shop, in White Lion-street, Pentonville. On 30th March the prisoner and another woman came to the shop for two quarterns of 8d. butter—they came to 4d.—the prisoner gave me a shilling to pay for them—I put the shilling on the counter, gave the change, and they both went away—a customer came in while they were there, and as soon as I had served that customer I took the shilling from the counter, put on my glasses, and found it was bad—I wrapped it in paper, and placed it on the top of some drawers, to be out of the way—on 9th April the same two women came again, and asked for some bread, which came to 5 1/2d.—the prisoner gave a shilling to pay for it—I looked at it, and said I had not got change—I told my lodger to stay with them, while I went and got a policeman, who took them both into custody—I gave him the two bad shillings.
PETER CURTIS (policeman, N 350). I took the prisoner and another woman in the shop, and I received these two shillings—the prisoner said she had never been in the shop before—she said she sold flowers in the street—she had no other money good or bad.
Prisoner's Defence. I never was in the shop before; I gave her that shilling; I did not know it was bad.
GUILTY . Aged 30.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH GREEN . I live in Queen-street, Edgware-road, and keep a general shop. On 30th April, near eight o'clock in the evening, the boy, Ricks, came for half an ounce of 4s. tea, and gave me a sixpence—I gave him 4 1/2d. change, and he went out—I put the sixpence in the till where there was no other—a policeman came in directly, and, in consequence of what he said I looked in the till, and found the sixpence there which I had put in, and there was no other—I gave it to the policeman.
WILLIAM BRIANT . I am shopman to Mr. Webb, a cheesemonger, in Edgware-road, rather more than a quarter of a mile from Queen-street. On 30th April Ricks came, between seven and eight o'clock, before we had lighted the gas—he asked for half a quartern of shilling butter—he tendered me a sixpence—I observed it was bad—I bent it, and said it was bad—he said a man gave it him—just at that moment a policeman came in in plain clothes, and I gave him the sixpence, and Ricks was detained—when he was being taken away, I saw a small bag found where he had been standing—it contained 4 1/2d. in copper, and a small quantity of tea in a paper—there had been no other person near that spot who could have dropped it.
the evening, at the corner of Edgware-road, Oxford-street—I followed them to the corner of Queen-street, Edgware-road, about a quarter of a mile—they were together all the time, walking and talking together—I then saw them stop, and I saw Bailey put his hand on Ricks' shoulder, say something, and point with his right-hand towards Green's shop—Bailey and the woman stood still, and Ricks went into Green's shop, and I saw him served with the tea—I then went in and got the sixpence, and marked it immediately—Ricks walked towards the other two prisoners, and Bailey said to him, "Is it all right?"—he said, "Yes, it is all right"—Bailey and Jones had been standing there from the time that Ricks quitted them, till he came back—they then walked on to the corner of Bell-street, and there Bailey gave Ricks something, and put his hand on his shoulder again, and pointed in the direction of the cheesemonger's shop—Ricks walked on, and Bailey and Jones stood still at the corner—I remained watching them—I did not see Ricks go into the shop—the constable came out of Webb's shop—Bailey and Jones saw him, and they made off towards Bell-street—I then took Jones—I said, "I want you for passing two counterfeit sixpences"—she said, "I suppose you won't do much to me?"
JOHN SETH ALLEN (policeman, A. 350) I was on duty, in plain clothes, and saw the three prisoners together—I watched, and saw them go up the Edgware-road together—they stopped at the corner of Queen-street, where Bailey put his hand on Ricks' shoulder, and put his other hand to Ricks' hand, and appeared to pass something—he pointed towards Green's shop—I did not see Ricks go into that shop; I was watching Bailey and Jones, who remained there till Ricks came back and joined them, and they walked up to the comer of Bell-street—I then saw Bailey put his hand on Ricks' shoulder, and point towards Webb's shop—I saw Ricks go into that shop—I went in after him, and saw the foreman hand him some butter—Ricks tendered a sixpence, and after the foreman had bent it I took possession of it—I called in another officer, and gave Ricks into his custody—I then went to the corner, towards Bailey and Jones—they moved away—I took Bailey, and told him I charged him with being in company with a boy, passing counterfeit coin—he said he did not know what I meant; he did not know any boy—I took him to the station, and Ricks was brought there afterwards, and Bailey directly, said, "I do not know that boy at all; I never saw him before"—that was before anything had been said about him, or any remark made—Ricks was taken close to Bailey in the dock, and Bailey stooped down and whispered something to him—Ricks then said, "I never saw this man before; I don't know him; it was a man with a black coat gave me the sixpence."
WILLIAM JAYCOCKS (policeman, D 233). I was called to Mr. Webb's shop, and took Ricks into custody—I searched him in the shop—I found nothing on him—I found where he had been standing, half an ounce of tea, and 4 1/2d. in this bag.
Ricks' Defence. A man in a black coat sent me in for half an ounce of tea; I came out, and he said, "You mind the tea and the 4 1/2d., and go and get me half a quartern of butter, and I will give you a penny when you come buck;" I went, and was taken.
Bailey's Defence. I was going down Edgware-road, and the lad asked me where Queen-street was; I pointed it out to him, and went on towards Bell-street;
I saw this female, but I did not know her; the officer came and took me and her; I know nothing about the lad.
RICKS— GUILTY . Aged 13.— Confined Six Months.
BAILEY†— GUILTY . Aged 28.— Confined One Year.
JONES— GUILTY . Aged 19.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM OAT SANDERS . I live in Hereford-street, Fitzroy-square, and am a cheesemonger. On the afternoon of 3rd April the prisoner came to my shop for a quarter of a pound of cheese—I am certain it was him—he gave me a half-crown, which I saw was bad—I said, "I will get you change"—I called my wife to get change, and I went round the counter to the door, to prevent the prisoner making his escape—I said to him, "This is a bad half-crown, and you know it; I shall give you in charge"—he said, "I hope not; I have just come out of the country; that is the only money I have got"—I kept the half-crown and waited some time, but I did not see a policeman—I permitted the prisoner to go away—I put the half-crown on a shelf in the window, apart from all other coin—about eight o'clock the same evening I saw Dicks, the policeman—I called him in and showed him the half-crown—he put a mark on it in my presence, and gave it me again—I kept it in my own possession till the 11th of April—I then gave it to Dicks, and on the next day, the 12th, in consequence of what Dicks told me, I went to the station—I saw some persons in custody—I recognized the prisoner immediately—I took that particular notice of him while he was in my shop, that I should have known him amongst a thousand persons—he was in my shop from five to ten minutes—I think there were five or six persons at the station besides the prisoner—I did not take notice of them—the Inspector asked me if I was sure the prisoner was the man—I said, "Yes."
Cross-examined by MR. PARRY. Q. You seem rather positive? A. I am; I am not generally so positive about everything—I am positive about this point—I had never seen the prisoner before, that I know of—there was no other person in the shop besides myself—a policeman fetched me when I went to the station—he told me he had got the man, and asked me if I would come to see him—that was about eight days afterwards—my sight is rather queer at times, but I can see very well—I am not short-sighted, but when I am writing I am obliged to wear glasses—I have never been mistaken about anybody.
MR. BODKIN. Q. The policeman came to you on the 11th? A. Yes; he told me he had the man in custody—I went to the station on the 12th—no one pointed out the prisoner to me, I picked him out from the rest—there were three or four persons—the prisoner was standing up—I do not know whether they call it the dock or not—I saw several others go out to Bow-street after I saw him—there were four or five persons in the room when I first went in.
JOB DICKS (policeman, E 44). On 3rd April Mr. Sanders called me into his shop—he snowed me a half-crown—I put a mark on it, and left it in his custody—I afterwards went to him, and made some communication—he gave me the half-crown again—this is it—I was at the station on the following day—Mr. Sanders came there—he recognised the prisoner immediately.
FRANCIS MORRIS (police-sergeant, E 10). On 11th April I went with another officer, between ten and eleven o'clock in the morning, to 87, John-street, Tottenham-court-road—I knocked at the door—it was opened by a female—I told her I wanted to see Mr. Taylor—I went up-stairs, to the first-floor
back room—I opened the door, and saw a female—I asked her if that was Mr. Taylor's room—she said it was—I went in, and saw the prisoner in bed—the female was dressed—I asked the prisoner if his name was Henry Taylor—he said it was—I told him I was a police-sergeant, and this was a police-constable who was with me, and I came to take him into custody, for having in his possession a quantity of housebreaking instruments, and I believed some base coin as well—he said, "I am sure, sir, you will find nothing here"—I told him to get up and dress himself, and desired the officer to take him into custody—I then commenced searching the room, and under the bed, near the head of it, I found this carpet bag—it was then padlocked—this is the padlock(produced)—I showed the bag to the prisoner, and said, "What is this?"—he said, "I know nothing at all about it; it does not belong to me"—I said, "Have you got the key of the bag?"—he said, "No;" and he again said, "I know nothing about it"—I said, "Very well, I shall cut it open, if you do not give me the key"—I cut it open, and pulled out a number of skeleton keys, this packet of sixty half-crowns wrapped in brown paper, and another packet of twenty crown-pieces wrapped in white paper—the prisoner said, "I know nothing at all about them; this is some kind friend"—I told him I should find the key, or I would endeavour to do so—I found a box which was locked—I asked him for the key of it—he gave me five keys—one of them opened the box—in it I found a great number of articles of wearing-apparel, which the prisoner said belonged to him—he said, "It is my box; there is only my clothes in it"—I found in it a glove, with seven skeleton keys in it, a piece of candle, and a ring with two keys on it—I said, "This one looks like the key of the bag"—he again said, "I know nothing about it; it is some kind friend."
Cross-examined. Q. You say in the box you found a ring with two keys? A. Yes; one of them was the key of the padlock—it was a sofa-bedstead, and this bag was between the legs of the sofa—there was a woman in the room—I do not know that her name was Emma Elsey—she said she was the prisoner's wife, and he called her so—he did not turn round to her and say, "How is this, Emma?"—he did not say, "What brings that bag here?"—he said, when I took the bag up, "That is not my bag"—he did not turn to the woman, and say, "How is this?" or, "How comes that bag here?"—he did not say anything tantamount to that—I know Elizabeth Simmons, from going to that house—I believe she lives there—her mother lives there—I never knew her till that time—she is now here—I have since been in her company on two occasions; once I went to tell her to attend, and once I went into the Princess' Theatre, and saw her and another young woman in the gallery—I did not drink with them that night—after the case was decided before the Magistrate, I had a glass of porter and a biscuit with them on the road home—I did not drink with them on any other occasion—I did not walk home with them from the Princess' Theatre—I wished them good night, and they went home—I walked a small distance with them, about the length of this Court—I did not ask them to meet me there—my brother-officer and I went to the theatre that night—we go there very frequently—we often go into the galleries of two or three theatres in a night—we were not on duty—it was not a visit of pleasure—we went to hear what we could hear, and see what we could see—I did not expect to see those women there—I sat down by one of them for ten minutes or a quarter of an hour—they were in the front, in one of the side-seats—I had not appointed to meet them there, nor had my brother-officer, to my knowledge—it might be near ten o'clock when I got there—I came near the termination of the performance, and then left them—I did not say to the woman, when I found these keys, "Now I could
make a stronger charge against you, for I saw you put the keys into the box"—my brother-officer did not say so, I am sure—I had searched the box before I found these keys, and when I found them, I said to the prisoner, "You might as well have given me these keys at first."
JOHN SERJEANT (policeman, E 65). I went with Morris to the prisoner's lodging, on 11th April—I took him into custody—Morris was the first that entered the room—the prisoner was lying in bed—we asked if he had any counterfeit coin, or any housebreaking implements—he said, "No"—we found this bag under the bed—he said it did not belong to him, but some kind friend must have put it there to do him some injury—he was asked for the key of the bag—he denied having any knowledge of the key—we found this box—he was asked for the key of it—he gave it, and in it was the key of the carpet bag—the woman was ill, and some females were called in, and a doctor was sent for; he ordered her to be kept quiet—Simmons was one of the women who was called in—the carpet bag was there, near the door—I do not know who put it there—we were on the landing.
Cross-examined. Q. Do you get any extra pay for this duty? A. Not at all; I did not say to Emma, "I could make a stronger charge against you," nor do I remember that my brother-officer did—I did not say, "I saw you put the keys into the box"—I did not know Simmons before I went there—I have seen her twice since; once I met her casually, and once I saw her at the theatre—I drank with her once; that is six or eight days ago—I then met her at the corner of the street where she lives—I paid for a glass of wine for her—that was what she requested—I cannot tell whether it was port or sherry; I did not take it myself, I took a glass of ale—that was the only time I drank with her, or treated her—she has never treated me at any time—my brother-officer and I went to the Princess' Theatre, and Simmons was there, with two or three other females—I did not sit by her—I run up there sometimes two or three times in a night—I went there for pleasure that night—I did not go with the intention of seeing that woman—I was not sitting by her side.
ELIZABETH SIMMONS . I live at No. 87, John-street, Tottenham-court-road. I have no father living—I have lived there with my mother two or three years—the prisoner lodged in that house, about three weeks before the officers came—I have seen a female who lived with him—I understood her to be his wife—I know the room in which he lived with her—on the day the officers came, there was an alarm about his wife being ill—I and some others in the house went into their room—the prisoner was there—while I was in the room attending to his wife, he said to me, "If any man would make away with this bag I would give him three or four or five pounds; I will give you 5l. if you will throw it over the houses"—the bag was then just against the door—the prisoner said this in an under tone—I did not make him any answer—I went outside the door and told the officers.
Cross-examined. Q. Do not you know that that woman's name was Emma Elsey? A. No; I heard her on Saturday evening quarrelling with the prisoner, and threatening him—I do not know that she was a woman he was living with—they passed as man and wife—it was on a Thursday the policemen came—I did not know the policemen—I never saw them before they came to the house—I have seen them once since; I was at the theatre and saw them—I did not expect to see them, it was a casual meeting—I saw them both—I was there with two female friends—my friends sat by me, the policemen did not—I did not drink with them that night—they did not walk home with me, we parted just as we got out of the theatre—they did not treat me that night—I drank with Serjeant a few days back—that was the only time I drank with either of them—I had a glass of port wine—I have not had anything
from Morris—I have never drunk with him—I have never been in a public-house, or had any porter or anything with him—I get my living by sitting to artists.
WILLIAM WEBSTER . These twenty crowns are all counterfeit—twelve of them are from one mould of George III., 1819; eight of them are from one mould of George III., 1820—these sixty half-crowns are counterfeit—fifteen of them are from one mould of George III., 1817; ten are from one mould of George III., 1818; nine are from one mould of George III., 1819; thirteen are from one mould of George IV., 1825; and thirteen from one mould of George IV., 1826—the one that was uttered, it of Victoria 1842, and is counterfeit.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Eighteen Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN CROSLEY . I am a cheesemonger, of Holborn-bars. On 19th April the prisoner came to my shop, and asked for 2d.-worth of cheese—he offered me a bad shilling—I told him it was bad—he seemed rather confused, and offered me a good one—I kept the bad one—I detained him, and got an officer, who took him—he had been in my shop on the Monday or Tuesday in the week previous, and asked for 1d. worth of cheese, and gave me a bad shilling—I put it into the till—there was no other money here—I went to the till afterwards, and found it was bad—I put it on a shelf apart, where it remained till he came the second time—I gave the two shillings to the officer.
Prisoner's Defence. I never was in the house before in my life.
GUILTY . Aged 55.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
GEORGE BRYAN . I keep a coffee-shop. On 26th April the prisoner came to my shop with two other men—he called for two cups of coffee, and tendered a good shilling—I gave him a new sixpence, rough and bright, and 3d. in change—he took it up, put his hand to his mouth, and threw down a bad sixpence—I said, "It is a bad one, it is not the one I gave you"—he said, "It must be, I have no other"—I said it was a very old trick—I gave him 6d.-worth of halfpence, and told him to leave—I kept the bad sixpence, and shut it up—it was about half-past one o'clock in the middle of the night—I told the boy to go out after the prisoner—a policeman came, and I gave him the bad sixpence.
MARY ELIZABETH BOTTEN . I am a beer-shop-keeper. On 1st May the prisoner came to my shop, about six o'clock in the evening, for a glass of porter—he gave me a shilling in payment—I took it up, and he said if I would give it back he would give me a sixpence—I returned it to him, and he gave me a sixpence, which had a king's head on it—I put it into the till, where there was one other sixpence, a Victoria one—when I turned round he was gone—the policeman came in—I gave him the sixpence with the king's head on it, which I had received from the prisoner.
I followed him to the beer-shop, and went in when he came out—I received this sixpence—I saw him a short time afterwards in Oxford-street, and took him into custody—I told him it was for passing a bad sixpence at a beer-shop in Sandway-street—he said he had not been there, nor in a beer-shop all day.
Prisoner's Defence. I gave her a good sixpence; I should not have taken the shilling back, only I saw she had a bad sixpence in the till, which I thought she would have given me.
GUILTY .— Confined Two Years.
MESSRS. BODKIN and CLERK conducted the Prosecution.
FRANCES LOLE . My husband keeps the Regent Tavern, Stepney. On 24th April the prisoner came and asked for half-a-pint of beer, which came to 1d.—he gave me a shilling, which I put into a basket where there was no other shilling—I gave him change—the constable came in about an hour after—I then went to the basket, and found the shilling, marked it, and gave it to him—the prisoner had been in the house on Monday and on Tuesday, and I had taken two bad shillings, but I do not know that I took them of him.
THOMAS LOLE . I am the son of Frances Lole. On 24th April the prisoner came and passed a shilling to my mother—I saw her put it in the basket—I was sitting in the bar-parlour at the time—in about an hour the prisoner came again, and asked for half-a-pint of porter—I served him—he put down a shilling; I gave him a sixpence, and my mother gave him the halfpence—I put that shilling into the same basket—there was no shilling there but the one that had been put in by my mother—I went down stairs, and when I came up the officer was there, and my mother was taking the shillings out of the basket; they were marked and given to the officer.
JOSEPH TICKETT (policeman, K 170). On 24th April I saw the prisoner in the Canal-road with another man, within fifty yards of Mrs. Lole's house—the man took something from his pocket, and gave it to the prisoner, and he went into the beer-shop—I went in, and received these two shillings from Mrs. Lole.
WILLIAM SLATER . I was with Pickett; I went with him into Lole's house—I had seen the prisoner in company with another man in the Canal-road—I took him; he put his hand in his right-hand pocket and threw something over his shoulder, which Goff picked up.
PETER GOFF . I was with Slater—I saw the prisoner put his hand in his right-hand breeches pocket, and throw something over his shoulder—I picked it up, and gave it to the policeman—it was these nine counterfeit shillings.
GUILTY . Aged 25.— Confined One Year.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JAMES MASSEY . I help at the Victoria public-house at Ealing. On 23rd April, between two and three o'clock, the prisoner came there for some beer—he gave me a shilling; I gave him change—I was called off by some other work—I gave the shilling to my mistress—this is it—I know it by a mark on the head—when I came to business again, at half-past five, I saw the prisoner there again; he called for a pint of beer—I served him—he called for another pint, and gave another shilling—there was a mark on it as if it had
been cut with a knife—this is it—this mark was on it when I took it—I gave it to my mistress.
MARY ANN LEWIS . I am the wife of George Henry Lewis, of the Victoria inn, Ealing. On 23rd April I got two bad shillings; I do not know from whom—I served the prisoner with one pint of beer—I think it was between seven and eight in the evening—I received a shilling from him—I cannot say whether it was either of those that have been produced—I had the shilling which the prisoner gave me, in my hand—I went to the till and took out another shilling—he then said, "I think I have change," and I threw down the shilling I had in my hand—the prisoner took it up, and then said he had not change, and threw me another shilling—I said, "This is not the one I gave you?"—he gave me another, which I put in my pocket—I had other silver there, but I do not know how much—I afterwards examined the money in my pocket, and found I had two bad shillings—the policeman came and asked me for them, and I gave them to him—I do not know whether Massey had given me either of those I have been speaking of—he had given me two shillings, and I put them with others.
WILLIAM CHAMBERS . I am a butcher of Ealing. On 23rd April the prisoner came to my house for a steak—I cut him one, and he gave me a shilling—I went to get change and he called me back, and said he thought he had change enough—I put the shilling on the block, he took it up, and he then said he had only 4 1/2d.—he gave me the shilling again—I had suspicion—I bent the shilling on the block, and said he should not have it back—he gave me a good one—I told him I had a great mind to have him locked up, and the sooner he went away the better—he stood hesitating some time, and then went away—I gave the shilling which I had bent, to the policeman—I did not observe the shilling that he gave me first—I am able to say the one I gave the officer was the one the prisoner gave me, because he did not take it away again.
WILLIAM COSTER (police-sergeant, T 45). On 23rd April I went to Mrs. Lewis's, and received these two counterfeit shillings—on 24th I received this other shilling from Mr. Chambers—I took the prisoner on 23rd—I know Mr. Miller's at Ealing—something was found near there afterwards—the Victoria is about a quarter of a mile from Mr. Chambers'—I asked the prisoner if he had any letters about him—I did not take him on this charge at first—after a time I told him he was charged with uttering two shillings to Mrs. Lewis—he said he did not, but he gave them both to the pot-boy—I took him to the station, and found on him this file, which apparently is used to file metal of the description these coins are made of; a small tin cup, with a quantity of plaster of Paris in the bottom of it; one shilling, three sixpences, and three 4d.-pieces in silver, and 1s. 3d. in copper.
WILLIAM BASS . I was bird's-nesting on 26th April. I saw a post near Mr. Miller's, at Ealing—I found in it twenty-one shillings and sixpence in a piece of flannel—I took it to the station, and gave it to the policeman.
WILLIAM WEBSTER . This shilling is George the Third's, and is counterfeit—these other two are Victoria's, from the same mould—nine of the shillings in this packet are from the same mould as the first, only they are not cleaned off—here are two shillings of 1819, from the same mould, and ten of Victoria, 1843, from the same mould, but not cleaned off, all counterfeit—this file has been used for filing soft metal—plaster of Paris is very likely used to make moulds for this money.
Prisoner's Defence. Massey speaks nothing but falsehood.
GUILTY . Aged 26.— Confined One Year.
OLD COURT.—Wednesday, May 8th,1850.
PRESENT—Mr. Baron ALDERSON; Mr. Justice CRESSWELL; Mr. Justice WILLIAMS; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Third Jury.
GUILTY . Aged 19.— Transported for Seven Years.
907. ESTHER JAMES , stealing, on 29th March, at St. Pancras, 1 locket, 1 necklace, and other articles, value 4l.;9 sovereigns, 2 half-sovereigns, and 1 5l. bank-note; the property of Sarah Caroline Osborne; 2 necklaces and other articles, 8l. 10s., of Jane Osborn; and 1 watch, 20s., of William Osborn, her master, in his dwelling-house: to which she pleaded
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Baron Alderson, Mr. Justice Cresswell, and
Mr. Justice Williams.
908. ZADOC FADERMAN, SAUL LAURIO , and BERNARD GORDON , were indicted for that certain foreign undertakings for the payment of money of the empire of Russia, were made, issued, negociated, and circulated in the said empire; and that the prisoners did feloniously engrave and make, upon 4 plates, 4 several parts of an undertaking for the payment of money, purporting to be parts of an undertaking of the said empire of Russia, without the authority of the said State.
(There were 29 other Counts, in some of which the instrument was called a promissory note, and in others an order; and in some the engravings were set out with translations, and in the last 6 Counts not).
The ATTORNEY-GENERAL, with Mr. CLARKSON, and Mr. BALLANTINE,
conducted the Prosecution.
This case originally came before MR. JUSTICE WILLIAMS, at the last Feb. Sessions, when MR. HUDDLESTON, with MESSRS. PARRY and METCALFE, on behalf of the prisoners, demurred to the indictment; the argument was then partly heard, and at the suggestion of the learned Judge, the matter was reserved for the opinion of the Court of Criminal Appeal; that Court, however, being of opinion that it had no jurisdiction in cases of demurrer, the point now came on for argument here.
MR. HUDDLESTON first called the attention of the Court to the last six counts, which were framed under 2 & 3 Wm. IV., c. 123, s. 3, and contended that that Act did not apply to such an offence as the present, but to cases of forgery only (See Reg. v. Harris, 7, Car & Payne, 429); and with respect to the counts generally, he submitted that the original instrument, parts of which the prisoners were charged with engraving, should have been set out in the indictment, together with a translation; so that this Court, or a Court of Error, might see, from the nature of the instrument itself, whether it came within the meaning of the Act of Parliament. The word "purporting," used in the Act of Parliament and in the indictment, showed the necessity of a reference to the instrument said to be imitated, for in no other manner could the Court see that the parts in question purported to be anything, there being nothing in them to show to what country
or what coin they had reference; and that the mere averment in the indictment, that certain instruments were current in Russia, was not enough for that purpose. (References—2 Chitty's Crim. Law, 1040; Mason's case, 2 East's Pleas of the Crown, 975; Lyons case, 2 Leech, 608; Lloyd's case, 2 East, 976; Gilchrist's case, 2 East; and Reg. v. Goldstein, 7 Moor, p. 1.)
MR. PARRY followed in support of the demurrer, and as the reply was arranged to be confined to MR. HUDDLESTON, he was also heard upon the question as to what the judgment of the Court would be, if the demurrer was overruled. He argued that the prisoners should be allowed to plead over, in as much as the demurrer did not amount to a confession of the fact, but only to a request to the Court to express an opinion whether, in point of law, there was anything to call on the prisoners to answer. That this course had been generally permitted, not perhaps on principles of pleading, but upon principles of humanity, was evident from the following authorities: Archibald's Crim. Pleading, 87; 2 Hale's Pleas of Crown, 256 and 225; Reg. v. Purchase, Car and Marshman, 617; Reg. v. Phelps ditto, and Rex v. Adams, 297 ditto; Gray's case, 11 Clark and Finelly, 427; Reg. v. Odgers, Moody and Rob.; Reg. v. Bennett, 1 Car and Kir, 504; Reg. v. Duffy, 4 Cox's Crim. Cases, 24, and Reg. v. Serva, 2 Car and Kir, 53; and 2 Cox's Crim. Cases, 439.
MR. METCALFE, with reference to the last point, contended that the judgment should be respondeat ouster, and that a demurrer did not involve a confession, it being an acknowledged principle that nothing could be admitted in a criminal case; and with respect to the first question, in addition to the arguments already adduced, he urged that the law of Russia, applicable to instruments of this description, should also appear on the face of the indictment, that the Court might see whether that which prisoners were charged with imitating, as well as that which the prisoners had done, came within that law. See Storey's Conflict of Laws, 527; Trimbey's case; 1 Bingham's new cases; Rothschild v. Currie, 1 Queen's Bench Reports; Benham v. Earl of Mornington, 3 Common Bench Reports, 133; and Astley v. Fisher 18; Law Journal, 59; and 6 Com. Bench Reports.
The ATTORNEY-GENERAL maintained that the last six counts, which were framed under 2 & 3 Wm. IV., c. 123, in connexion with 1 Wm. IV., c. 66, were sufficient to support the present charge; and with respect to the remaining counts, he denied the necessity of setting out the complete instrument; it might be that no such complete instrument was in existence; as for instance, where a foreign State issued a notice, that on a given day, notes of a particular character would be put into circulation, and where, in anticipation of that event, documents were forged intended to be substituted for the genuine ones; it could not be contended that that would not amount to an offence, or that in such a case any complete instrument could be set out; with regard to the present case, the averment that such instruments were negociable in Russia was sufficient; for if the instrument were set out, and the slightest variation between it and the forged plates were detected, it would vitiate the indictment; it was enough if on the face of them they purported to be that which they were intended to represent. With regard to the last question, he contended that the judgment must be final, the demurrer being in reality a confession of the fact, and that the instances quoted, where prisoners were allowed to plead over, applied to capital cases only, when that course was permitted in favorem vitae.
MR. HUDDLESTON was heard in reply.
THE COURT took until the next morning to consider the points, when MR. BARON ALDERSON delivered judgment. He stated that the Court was of opinion that the demurrer must be overruled; and for the purpose of overruling it, it was quite sufficient that any one of the counts would sustain a judgment in case
the prisoners had pleaded and been convicted under it. The first question to be ascertained was, the meaning of the word "purporting;" and it appeared to the Court that it must be construed in this way, that if the instrument in question were a complete one, then it must appear on the face of it, that it purported to be as it was described; but where the word was applied to part of a bill, note, &c., it could not be construed in the same unlimited sense, seeing that part of a bill, note, &c., could not purport to be anything, but it must mean that it was part of the thing which, if completed, would purport to be that which was described in the Act of Parliament; and that must be shown, not by setting out the instrument on the face of the indictment, but by averment and extrinsic proof. Here, the parts were set forth as they were proposed to be proved, with averments, which, if true, showed that they were parts of an undertaking current in Russia; and in the opinion of the Court the first batch of counts was sufficient to sustain a judgment of that kind. The last six counts, in the opinion of the Court, were not sufficient, on the ground that they did not come within 2 & 3 Wm. IV., c. 123, that Act being confined to indictments for forgery, and to complete instruments. With respect to the more difficult and important question, namely, the judgment to be given upon the demurrer being overruled, the Court had taken time to refer to the older authorities on the subject, this being a question which had seldom arisen in modern times, and it seemed to them that the judgment must be final. It appeared clear, when the matter was fully investigated, that any plea which was in confession and avoidance of the felony, if adjudged against a prisoner, subjected him always to final judgment. The principal authorities on the subject were to be found in cases of appeals in felony. It was clear that there were many dilatory and declinatory pleas which left the question of guilt or innocence unconfessed; it was the practice in those cases to plead not guilty, and a declinatory plea together; those pleas, as mentioned by Lord Hale, were not held bad for doubleness, as it was allowed in favorem vitae; and this was the solution of all the difficulties which apparently existed on the subject. There was distinct authority to show that if any plea in confession and avoidance of the felony, was determined against a party, he was not allowed to plead over, but judgment was then final; and a decision, by all the Judges, to that effect, would be found in the Year-book of 14th Edward IV., c. 7, placitum 10. It seemed to the Court that the rule which was applied to the cases of plea, governed demurrers also; where the plea was dilatory alone, such as a plea in abatement, or a plea to the jurisdiction, which might well stand with a plea of not guilty, there, if judgment was against the prisoner on his dilatory plea, he was permitted (indeed he had a right) to be tried on his plea of not guilty; but where the plea was in confession and avoidance of the felony, the real and true judgment of the law always was a judgment final, and it was only by the indulgence of the Court that the party was afterwards allowed to plead not guilty. If that was so, it was decisive of the present question, because here there was nothing on the record except the demurrer; there was no plea of not guilty pleaded with it, neither could there be. The Court was therefore of opinion, on the whole case, this being a general demurrer, that it did contain a confession, and that judgment must be final. The modern authorities referred to, appeared to be only dicta at Nisi Prius,hastily given, and were not entitled to the weight which would have attached to them if the learned Judges had had the opportunity, now afforded to the Court, of consulting the authorities on the subject.
MR. PARRY appealed to the Court to extend its indulgence to the prisoners, and allow them to plead over, but the Court did not accede to the application.
The prisoners were sentenced to be Transported for Ten Years.
NEW COURT.—Wednesday, May 8th, 1850.
PRESENT—Mr. Ald. HUMPHERY; Mr. RECORDER; Mr. Ald. SALOMONS;
Mr. Ald. CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Recorder and the Fifth Jury.
909. WILLIAM DAVIS , stealing 1 ham, value 14s.; the goods of Benjamin Britnell: also, 11 shillings, the moneys of Benjamin Somers: also, 2 half-crowns, and other moneys, of Richard Bowen: to all which he pleaded
GUILTY . Aged 64.— Transported for Ten Years.
GUILTY . Aged 42.— Transported for Seven Years.
911. JOHN COLLINS , stealing 1 trunk and I chest of tea, value 17l.; the goods of Valentine Sentence and another; having been before convicted: to which he pleaded GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 28.— Confined Nine Months.
GUILTY . Aged 17.— Confined Three Months.
914. HANNAH MARY ANSON , stealing 1 miniature and frame, value 5l.; 1 purse, 1 sovereign, and 16 shillings; the property of Charlotte Reeve: also, 1 book, value 14s.; the goods of William Brownjohn: also, 1 book, 10s., of Spencer Woodham Smith: also, 3 shirt studs, 3l., of Joseph McGregor: having been before convicted: to which she pleaded
GUILTY . Aged 26.— Transported for Seven Years.
Before Mr. Common Serjeant.
MUSGRAVE LAMB . I live at West Drayton. The prisoner was in my employ the last week in Feb. and the beginning of March—I had a small chest in my outhouse, containing two pairs of spurs, one silver and one plated; a gun screw, a bolt, and a lock—I had seen them not above three weeks before the prisoner came—when the policeman came I missed them—these things produced are mine.
Cross-examined by MR. ROBINSON. Q. Are these your spun? A. Yes; I have had them in my possession twelve or fourteen years.
WILLIAM EDMONDS . I live at West Drayton. On 28th Feb. I saw the prisoner at the Crown inn—he had a pair of spurs, which he offered to sell for 6d.—I bought them—the policeman came on Sunday, and I gave them to him—these are them.
Cross-examined. Q. Are they silver? A. One is silver, the other plated—they are odd ones—6d. would be as much as they were worth if they are plated—I thought they were plated.
RICHARD ROADKNIGHT (police-sergeant, T 11). On 8th March I saw the prisoner at a silversmith's shop in Uxbridge, selling part of a silver spur for 3s. 6d.—I went in and asked him how he got it—he said he got it of a servant at West Drayton, to sell for him—I took him—he said he had stolen a pair of spurs from the prosecutor—his father told him he had better tell the truth—he said he sold the other spur to Edmonds—he gave me the key of his box, and in it I found this lock, bolt, turnscrew, and this plated spur.
GUILTY . Aged 19.— Confined Twelve Months.
(The witness was committed for contempt of Court).
(MR. PARRY offered no evidence.)
NOT GUILTY .
MATILDA JANE BAILEY . I am the daughter of Samuel Bailey, of Windsor-terrace, Canal-grove, Mile-end. On 3rd April I went from the front to the back parlour, about a quarter-past eight o'clock in the evening—two dresses were hanging in the front parlour, and a paletot, a handkerchief, and other articles—the parlour window looks into the street, it was a little way open—when I left the front parlour my sister was there, and she left it about ten minutes after me—no one went into the room, to my knowledge, after my sister came out—I went in again about ten minutes before nine—the window was then wide open, and I missed the two dresses, some calico, the paletot, and other things—these are the sheet and petticoat—I know them by the work on them—there was a mark on the sheet which is not here now—they are my father's.
GEORGE POUTNEY . I live in Canal-place, Bow-common. On 3rd April, about twenty minutes before nine o'clock, I was standing looking at a lot of beasts—I saw Rossiter coming in a direction from Mr. Bailey's house, about 200 yards from it—he went down a turning and saw a policeman—he turned back—he had a large bundle under his arm, covered with something black.
ANN RAWLINGS . I keep a shop in Globe-road. On the Wednesday after Easter, about eleven o'clock in the morning, Watling came to my shop—I knew her—she brought this sheet and petticoat, and had provisions for them to the amount of 1s. 4d.—she said they belonged to a young woman for whom she was working.
CHARLES MILLS (policeman, K 306). On 3rd April, about eleven o'clock, I saw Rossiter on the New Globe-bridge, walking towards town—he said he was waiting for a gentleman he expected, to look after his horse and chaise—I apprehended him on Tuesday evening, 9th April—I told him it was on suspicion of committing a robbery at Mr. Bailey's house—I afterwards saw Watling at the station—she said these things were given her by a young man
named Jemmy, with mortar on his trowsers—she said to me, "You know him"—I do not know him—the prisoners live together at man and wife, at 19, Three Colt-lane.
Rossiter. You know that I work hard for my living. Witness. He seldom Works at all.
Rossiter's Defence. I was coming from the Docks; if this boy saw me with a bundle, it must have been with my hat.
Watling's Defence. A young man, named Jemmy, asked me to take these things to pawn for him; he told me to ask 1s. 6d. on them; I went, and the woman said 1s. 3d. was the most she could give; she found a large hole in the petticoat, and the sheet was torn; the poor man wanted some coals, and other things; I got him some tea and sugar, and bread and butter; he put them in a red handkerchief; the coals were left, and I sent the girl in the day for them.
ROSSITER— GUILTY.** Aged 22.— Confined Twelve Months.
WATLING— NOT GUILTY .
918. WILLIAM GRIMES, WILLIAM MACK, JOHN MACK, MICHAEL BELCHER , and JAMES FITZGERALD , stealing 2 planes and other articles, value 12s.; the goods of Charles Boston; Grimes and Fitzgerald having been before convicted.
FRANCIS FRYER (police-sergeant, E 15). I was on duty, on 11th April, in Church-street, Westminster—I saw the prisoners together—Belcher was carrying something bulky on his shoulder—I watched them out of Church-street into Church-lane, and then into Carrier-street—they were walking at a sharp rate—I got assistance, and went to the ground-floor of No. 3, Carrier-street, where I knew they lived—I had missed them before they got there—when I got to the room I found them all there; that was not three minutes after I saw them in the street—John Mack was in bed; Belcher was lying down partly undressed; Fitzgerald was in bed with all his clothes on—I found a quantity of wet linen under the bed, and some keys in the window—I saw Hall find, at the foot of the bed, two planes, a saw, and a square(produced)—a coat laid by the side of Belcher, and when he put it on it was all wet, and their shoes were wet—there had been rain between three and four o'clock that morning.
HENRY HALL (policeman, E 66). I went with Fryer—I saw two beds, one on the floor, and one on a bedstead—Belcher and John Mack were in the bed on the floor—I found a pair of trowsers on the other bed, and in the pocket I found two skeleton-keys—Belcher jumped out of bed and said, "What the b—y h—I do you do with my trowsers?"—I found in the room these two planes, a saw, and a square—I afterwards went to a shop in Crown-street, Soho—one of the keys I found in the trowsers unlocked the shop-door.
CHARLES BOSTON . I live in Little Wild-street, and am a carpenter. These planes, saw, and square, are mine—I left them at 30, Crown-street, on the night before the robbery—at nine o'clock, when I went next morning, they were gone.
William Mack's Defence. I went out, and left about four o'clock in the morning, to join my ship at seven, but wishing to see my brother, whom I had not seen for nine months I found his lodging; I found him lying in bed, and four other young men; I was with him about ten minutes when the officers came in, and took the whole of us into custody, on a charge of which I know nothing.
John Mack. I was in bed and asleep.
Belcher's Defence. I saw a bundle in a doorway; I took it up, and two
keys fell out; I took the bundle home, and put it on the bed; I had not been in bed long before the officers came.
Fitzgerald's Defence. I met William Mack, who asked me to show him where his brother lived; I showed him, and the officer came and took me.
GRIMES— GUILTY . Aged 20.
FITZGERALD— GUILTY . Aged 19.
Transported for Seven Years.
JOHN MACK— GUILTY . Aged 18.
BELCHER— GUILTY . Aged 21.
Confined Twelve Months.
WILLIAM MACK— NOT GUILTY .
There was another indictment against WILLIAM MACK, upon which no evidence was offered.
NOT GUILTY .
SUSAN NEWELL . I am the wife of Samuel Newell, of Grove-road, St. John's-wood. The prisoner was in my service two years ago—I was going to have a party on Friday, 5th April, and engaged her to assist—there was a great deal of plate used at the dinner—I told her to come the next day and clear up—she came on the Saturday, and the plate was afterwards looked over, and a spoon, two dessert-spoons, one table-fork, and a dessert-fork, were missing—the prisoner was then gone home—I suspected her, and sent for her—she came back with my servant—I told her I suspected her, and taxed her very severely—she assured me she had not got it—my husband called in a policeman, and gave her in charge—I had sent her up to my bedroom, about seven o'clock, with some plate, half an hour before she went away.
Cross-examined by MR. O'BRIEN. Q. You sent her up with some plate; had you not missed a portion of your property before? A. Yes, and then afterwards I missed another spoon—I told her to give me back the spoons, and I would forgive her.
AUGUSTUS SAWYER (policeman, D 269). I was called, and took the prisoner—Mrs. Newell had told her it would be better to speak the truth—she was taken to the station and cautioned—she wanted to speak to the prosecutrix—the inspector told her she could not be allowed to speak to her till after she was searched, and then she might say what she liked, but it would be in my presence, and taken down as evidence against her.
WILLIAM BARKER . I am in the employ of a pawnbroker, in Edgeware-road. I have a table-spoon, a dessert-spoon, a table-fork, a dessert-fork, and two tea-spoons—I took them of the prisoner, on 6th April—I had seen her on the Thursday before, she brought this napkin with the plate—I asked her whose the plate was—she said, her own.
Cross-examined. Q. Had you seen her before the Thursday? A. I have no recollection of it; this is the duplicate I made out—sometimes I see 200 or 300 persons in a day, and on a Saturday sometimes 400 or 500—I cannot recollect all the persons—there was no other person there when she came.
MRS. NEWELL. These are my property—here is the initial on them.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
(There was another indictment against the prisoner).
RICHARD WILLIAM BENDALL . I am a compositor, and live at Stepney. About twelve o'clock at night, on a Saturday, the latter end of April, I met the prisoner in Bow-road—she asked for something to drink—I took her to the Plough, and we had some drink—I went into the yard with her, and was talking to her, and she took a half-crown, seven shillings, and a sixpence from me, and ran away—I ran after her—she joined a man and woman—I pursued her, and did not lose sight of her—I gave her to the officer.
Prisoner's Defence. He came down with me to where my friends lived; the man and his wife were at supper; the man asked him to have a glass of ale, and he sent out for a pot of beer, and gave me a sixpence to get it; when I went out it wanted a quarter to twelve o'clock; the woman said to me, "Don't you go away to-night;" I bid him good night, and he went away.
Witnesses for the Defence.
WILLIAM ROSS . I am a hard-working man, on the Mile-end-road. On that Saturday evening the prisoner and this young man came to my place, about ten o'clock, and remained till twelve—they sent out for a pot of beer—they drank that, and sent for another—he sang three songs—I and my wife were there, having our supper—they were sitting round the table—we all four sat together—there are two rooms in the house, one up-stairs and one down—I had never seen this man before, that I know of—I had seen the prisoner a few times—she came to my place about four times, to see my wife—she never brought anybody there before, to my knowledge—when she came in she said, "Here is the young party I have been talking about"—we had a mackarel and a pint of beer for supper.
MARY ROSS . I am the wife of William Ross; we have lived in Bow about four months. I knew the prisoner before I left Ireland—this was the third time I have seen her there since I have been in London—she was not in the habit of coming to the house with a young man—she came that night with Bendall, and said to him, this was the young party she was coming to see—I said, "Come in"—he came—I handed him a chair, and my husband had a pint of beer, and he handed her a glass—we had a fried haddock and a pint of beer for supper—Bendall sent for another pot of beer, and sang two songs.
COURT to R. W. BENDALL. Q. Did you go to their house? A. No; I walked some distance from the Plough with her—I swear I did not go into any house.
NOT GUILTY .
OLD COURT.—Thursday, May 9th, 1850.
PRESENT—Mr. Baron ALDERSON; Mr. Justice CRESSWELL; Sir CHAPMAN MARSHALL, Knt, Ald.; Mr. Ald. HOOPER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CARDEN; and RUSSELL GURNET, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
921. JOSEPH PEPLOW , feloniously forging and uttering a request for the delivery of 3 brushes;also, a request for 1 other brush:also, a request for 2ozs. weight of Prussian blue and 3 brushes:also, a request for 1 brushes, 1 dozen sheets of paper, and 1oz. of pumice-stone: with intent to defraud Charles Baylis: also, a request for 24 pieces of paper, with intent to defraud Alfred Samuel Lyer and another: to all of which he pleaded
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Baron Aldersons
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN JOHNSON . I was journeyman to the prisoner in March last. He resided at 25, Brydges-street, Covent-garden—on Friday, 22nd March, I was in the bakehouse, which is under the shop and parlour—the prisoner and his wife slept in the back-parlour I believe—I believe the upper part of the house was let out to lodgers—I went to the bakehouse about eleven o'clock—I was in bed when I was called—after I went into the bakehouse, the prisoner bolted the door after me—he was in the habit of doing that—I could not then get to the parlour or other parts of the house—I was to call the prisoner at three o'clock—after I had been in the bakehouse about half-an-hour, I heard noises in the parlour—I heard mistress screaming as if she was being beaten—she was screaming very loud, and it continued till about three, as from a person in pain; not all the time, but time after time—I did not hear any words—I heard also a wrestling on the floor, as if a person was dragging another about—that continued, from time to time, about twenty minutes, at intervals during that time—I heard the dragging and screaming at the same time—it appeared as if the person who was dragged was the person who screamed—it was my mistress's voice—I heard my master talking very loud, but I could not make out what he was talking about—I think the screams came from the parlour—at three I knocked at the ceiling to call my master—he came down—I did not say anything to him about what I had heard, or he to me—he stayed about an hour and a half in the bakehouse, and then went up-stairs again—I remained in the bakehouse, and heard nothing more that night—I saw the prisoner's wife in the shop about eight, when I was about to go out with the bread—her face was in a very bad state indeed, all swollen and bruised, and there was a cut at the side of her left eye—it was not bleeding—I then went out with my bread, and saw her again when I returned, between ten and eleven—she appeared then just the same as when I saw her in the morning—she appeared rather heavy, and looked as if she was not well—I saw her again about six in the evening, in the shop—Mary Ann Bryant was present—Mrs. Moir was standing at the shop-window, attempting to take some bread out of the window, and as she turned round she fell on the floor—she did not strike against anything—she fell clear of everything—Mrs. Bryant asked the prisoner, who was present, to lend her assistance to assist her up—he said, "Let the d—d b—h lay there till she comes to herself"—he did not assist her to get up in my presence—Mrs. Bryant assisted her up, and I then left the shop—I never saw my mistress again—I saw the prisoner between nine and ten next morning—I asked him how mistress was—he said she was in a very bad state, and had been all the night, and he did not expect that she would live, and he was astonished that it had lasted so long as it had done—I was only there one week—this took place the first week I was there—I went on the Sunday before this happened.
Cross-examined by MR. BALLANTINE. Q. What did the prisoner's family consist of? A. His wife and two boys; one about seven, and the other
about thirteen years of age—they occupied the parlour and bedroom adjoining the shop, the ground-floor, and the bakehouse—they kept no servant—I was not put to the prisoner to learn my trade—I had learnt it—I was his journeyman, and had been so to other bakers before—it was rather a small business—he had to be up at three o'clock to attend to it—I had to be in the bakehouse from eleven till that time—he never took my part of the work from eleven till three—he remained there the whole day after three, for any thing I know—generally speaking bakers bolt the journeymen into the bake-house—I do not know whether that is because they are afraid of the bread being left—I saw the deceased the worse for liquor once while I was there—that was about the middle of the week—I cannot exactly say what day; about Wednesday or Thursday—I cannot say that it was the day before this happened—it was between three and four in the day—my master was not at home, and she was down-stairs, telling me about the baking—I am not aware that there was any one in the shop—she did not roll about, that I noticed—she showed me she was the worse for liquor by her speech—she spoke thick—she had no marks or bruises about her face then—she had no appearance of violence at all—she had a black eye on the Sunday morning when I went—that was the left eye—I did not observe her stagger when she left the bakehouse—the children occasionally served in the shop.
MR. CLARK. Q. How long did she remain in the bakehouse? A. A few minutes—I do not know whether any one was left in the shop.
MARY ANN BRYANT . I am married—my husband is a carpenter and joiner—I am second cousin to the prisoner's wife—her name was Susan Moir—they occupied the shop, parlour, and kitchen, all on one floor, and the bakehouse underneath—from the street you go into the shop, from there into the parlour, from there to the bedroom, and then into the kitchen—they are all on one floor—the parlour is a large room; the other two are small—I have been in the bakehouse, but I am not aware whether it extends under the whole—they have two boys, one thirteen, and the other seven; they slept in the kitchen—I called there on Saturday, 23rd March, about one o'clock, as near as I can tell—the prisoner was at home, and his wife also—his wife appeared very ill indeed, from being knocked about, as she informed me, on the previous night—the prisoner was not there when she said so—he went out—her neck was swollen very much, and her hands were a very dark colour, bruised—I am not aware whether she had a black eye or not, as she wore spectacles; I could not see—I think she was thirty-nine years old—I cooked the dinner that day, and the prisoner returned in a quarter of an hour or twenty minutes—I was in the habit, when I went there, if there was anything not ready, to do it for her, to give her a little time to rest—the dinner was very nearly ready when the prisoner returned—the youngest child told his father that the eldest would not take out a baking his mother had desired him to—the deceased was then in the parlour, standing by the table, and the prisoner began swearing at her, d—n—g and bl—g her eyes, and hitting her in the back with his fist, and boxing her ears with his open hand—he boxed her ears at least a dozen times—they were violent blows, each almost enough to knock a person down—he said he would make her remember not sending the man with the baking—she said she thought she should do wrong by sending the man, as he was making the York biscuits—she stated that at the first commencement—some time after that they sat down to dinner, and he said of the gravy that was made for the mutton-chops, "This is something like gravy, not like the soup you made yesterday," and then he began beating her again on the side of the face and ear with his open
hand—he struck her three or four times, I dare say—they were about the same sort of blows as before—they then both sat down to dinner, and the two children—I did not—the prisoner then threw a piece of bread at her, and it hit her forehead—it was about the quarter of a half-quartern loaf, just as you would cut it, half crust and half crumb—the eldest child picked it up and put it on the table—the prisoner took it up and threw it again, but it did not touch her—just before they sat down to the table he told me he had been very much put out with her; that on the Friday evening she got very much intoxicated, and that he had left home to go out, and ordered her to shut up the shop, and she did not shut it up as he ordered her; and when he came back he shut up the shop and went into the parlour, and she was frying soles, and she said she was very glad he had come in, as she had got some nice fish for his supper; and he told me that he told her he did not want the fish, and that he sat down on a chair by the fireplace, and he saw a gingerbeer bottle standing under the pianaforte, and he went and took it up and put his finger in and found it was full of gin, and that made him very vexed; and that when he asked her where she fetched it from, she said from the "Cheshire Cheese"—the deceased said she did not fetch it from the "Cheshire Cheese," but from a house in Middle-row, Holborn—I told her I did not think she had brought it herself at all, but I thought a Mrs. Doe had brought it to her—she said she had not, she had brought it in herself—I told her she had better tell the truth, for it would save her a great deal, and say who did bring it in for her, for I felt sure she did not bring it in herself—she said she did bring it in, and she got her little basket down and showed us the manner in which she brought the bottle in—I thought she could not have brought it in, because the prisoner said there was no cork in it, and she showed us how she put it in her basket to bring it—when he first beat her about the eldest child not going out with the bread, he also kicked her violently at the back part of the body—that was before they sat down to dinner—he kicked her at the back part of her person, and on her legs—he struck her at least a dozen times—he did not say or do anything more then, and the cloth was cleared, and he went to get the bread for the eldest boy to go out to Camden-town with—the deceased then prepared to dress herself, and he came in and got his pipe, and sat down by the fire—she went into the bedroom, and I remained in the parlour—he did not say or do anything to her then, and I sat talking to him by the fire—after the bread was thrown she did not want to finish her dinner; and he said if she did not sit down to her dinner and finish the meat, that he would send for a rolling-pin, and force the piece of meat down her throat—she then sat down, but did not finish the meat—she put it on the dish again—he then got up, and kicked her, and boxed her ears—he struck her three or four times in the back-part of her person, at the bottom of the back, her sitting-place—they were very severe blows with his open hand—she repeatedly said, "Man alive, don't kill me; man alive, don't beat me!"—he said he would murder her outright, but he would murder her by inches, so that the law should not touch him—he said, "For I can cheat the Devil, and I am d—d if I do not think I can cheat the Government over you"—after she went into the bedroom he told me he thought he had hurt her head very much indeed, and he wished I would get some warm water and bathe it for her, and look at it—I went into the bedroom, looked at her head, and found it in a most dreadful state—her ear was the colour of a piece of sheep's liver—I did not notice which ear it was—she had a cut on her head, some distance above the same ear—the parts all about the ear were swollen—I did not put my hand to her ear—I found there was clotted blood
on her hair—I went and fetched some warm water—I told her I could not bathe her head; it was in such a dreadful state, I could not attempt to look at it again; I was very sorry, but she must bathe it herself—I then came away into the parlour—the prisoner was still sitting, smoking his pipe—he asked me about her, and I said she was dreadful bad, and he had better let her go to bed, for her ear was beyond all description—he said he could not spare her from the shop then, that it was Saturday—he did not go into the bedroom, but remained where he was—about ten minutes after, as near as I can tell, she came into the parlour—I told her I must go away, and she begged of me to remain—the prisoner went away, I cannot say where, but I think into the bakehouse—I remained a few minutes after that, and then left—it was about three then—I returned between five and six, and saw the prisoner go in before me—I found his wife in the shop—she appeared very stupid indeed, as if she had been drinking a good deal—she came into the parlour—the prisoner came into the parlour a little while after, and asked her if she had sent the twopenny loaf to one of the customers, as he had ordered—I forget the name—she said she had not—he then asked if she had sent to another customer, Mr. Robinson—she said, "No," that the bread had not come up from the bakehouse—she said she would send it then—he then replied that it was a d—d shame, it was no use to send it then; the bread was cold, and it was past their teatime; and he boxed her ears repeatedly, and told her to go and put the bread in the window—I cannot say how often he struck her, I should say about a dozen violent blows—I cannot say whether his hand touched that part of her head I had just before examined, or whether it was the same side or not—I cannot say whether all the blows were on one side or not—she attempted to put five or six loaves in the window, and then fell down—I went to her, and noticed blood coming from a cut near her eye—I said, "Good Gods, uncle, she is in a fit"—she looked up, and said, "I am in a fit, Mary Ann, and a very bad one too; don't leave, Mary Ann; for God's sake don't leave me"—I asked him to come and help me pick her up—he said he would not come and pick her up—he made use of some bad language, I do not know what it was, and said she was drunk, and she might lay there—I was so faint that I was forced to leave her there, and go outside the parlour-door—I do not know how she got up—I was not away five minutes, and when I went back she was in her bedroom, standing at the side of a sink with her head resting on her hand, and sliding herself down—she slid down on the floor, and rested her head on a step at the door from the bedroom into the kitchen—she was then quite insensible—the prisoner, I think, was still in the shop—she laid there two hours, or it might be more—I asked the prisoner to come and help me pick her up and put her on the bed—he said no, she should never lay on a bed of his again—I got him to go in once or twice, and he looked at her, and kicked her two or three times severely, and said, "You drunken b—h, get up"—my husband came at a few minutes or a quarter-past eight, and got some warm water, and washed her face—he did not lift her up first, her face was so covered with blood—he could get at her face as she lay there, on his knees—she never came to—my husband aferwards put her on the children's bed—very shortly after that I asked the prisoner to send for a doctor—he said there was no occasion for a doctor—I and my husband remained there till between twelve and one in the morning, and no doctor was sent for while we were there—she continued in the same insensible state—I spoke to the prisoner two or three times about a doctor, and within half an hour of my leaving—he then said there was no occasion for a doctor then; he should see how she got on; if she did not get any better,
he would send for one—he asked me to come early in the morning—I cannot say what time it was when I got there—I should think it was not long after six when the little boy came to me—the prisoner sent the eldest boy for me soon after six, and I was there some time before eight—I found her just in the same state as I had left her—I asked the prisoner if he had sent for a doctor—he said, "No"—I said, "You had better send for one directly"—he said he did not know what to do, or who he should send for; and I advised him to send for a gentleman who had been attending her, Mr. Pritchard—he said, "I do not know where he lives now"—eventually a Mr. Watkins was sent for, and he came while I was there, and saw her—I remained there till past twelve that Saturday night—she was quite senseless all that time—Mr. Watkins saw her repeatedly in the course of the day—I went again about eleven next day, and found she was dead.
Cross-examined. Q. To whom did the piano belong? A. To Mr. and Mrs. Moir; they let lodgings—I am not aware that they had people there connected with the theatre—I was examined before the Coroner and Magistrate—I remember perfectly well the prisoner on that Saturday saying, repeatedly, "I will not murder you outright, but I will do so by inches, so that the law shall not touch me, for I can cheat the devil and the Government" over you—I never mentioned that publicly in the presence of the prisoner till now—I mentioned it to my family after I thought of it, after I had been to Bow-street, but I never told any one of it till I told the sergeant of it yesterday—I believe I mentioned yesterday about his saying he would get the rolling-pin and force the meat down her throat—I am not aware that I ever said it till yesterday.
COURT. Q. Were you before the Grand Jury? A. Yes; I told them about murdering her by inches, but not in presence of the prisoner—I do not know whether I mentioned about the pieces of bread, till I did it to the Grand Jury.
MR. BODKIN. Q. Whom of your family did you mention it to? A. My sisters; I believe I told them of it the day she died—when I was examined before the Magistrate I was very unwell indeed—I was examined on the Thursday, and I had not been in bed from the Sunday night—I was minding the prisoner's shop, and I was hardly able to give any evidence at all at the time—when that was said about murdering by inches, no one was present but the prisoner, his wife, and me, and the eldest child—lam not aware whether the youngest child was there or not.
AMELIA MENDEZ . I am the wife of David Mendez. In March I lodged at the prisoner's house, in Brydges-street, and occupied the front room, first floor—I recollect coming down-stairs on Saturday, 23rd March, between three and four o'clock—as I came near the parlour occupied by the prisoner, I heard Mrs. Moir screaming and crying dreadfully—I heard her say several times, "Oh, you will kill me, you will kill me!"—I knew the prisoner's voice—I heard him say, "I will murder you before I have done with you"—one of the children was in the room, but I cannot say which, and I heard the child call out, "Oh, father, don't kill my mother! you will kill my mother!"—I did not hear any other voice in the room; I did not hear any other sounds—I stopped at the door to listen.
ALEXANDER GEORGE MOIR . I am thirteen years old, and am the prisoner's son. I remember the Saturday before my mother died—I was in the parlour, at dinner-time, and my father threw the bread at her twice—he said he could murder her at once, but he would not murder her direct, because of the law of the country, but he would do it by inches—he said he could cheat the devil,
and he thought he could cheat the Government—I cannot remember whether anybody had said anything to him—about half an hour after that I went away with some bread—Mrs. Bryant was there all the while.
Cross-examined. Q. Have you ever given evidence before? A. Yet, once before the Magistrate—I did not tell the Magistrate this—the Magistrate asked me questions, and I answered him—I was sworn—(no deposition of this witness was returned.)
Q. Who put you in mind of this about murdering her; what made you think of it? A. I have heard father mention it once or twice before, when my grandmother was alive, which will be twelve months on the 23rd of this month—Mrs. Bryant is my cousin—I and Mrs. Bryant have not talked this thing over—we have talked about it, and said it was a bad thing—I have not repeated this conversation to her that I have told to-day, and she has not repeated it to me—no one at all repeated it to me—I told it to some gentleman yesterday—Mrs. Bryant was present then—she said it to the same gentleman, too—I said it after her.
COURT. Q. What sort of health had your mother been in? A. She had been sickly all along, and she never was in good health.
MR. BODKIN. Q. Is this the gentleman you spoke of? (the solicitor) A. Yes; I saw him yesterday—I had not seen him before, that I am aware of—I was with Mrs. Bryant when he asked me the questions—we went together—she was in the room when he asked me first of all—she told it first in my hearing—that was before I had been examined by that gentleman.
JOSHUA WATKINS . I am a surgeon, and reside at Chandos-street, Charing-cross. On Sunday morning, 24th March, about eight o'clock, I was called to see the prisoner's wife—I found her on a bed—I examined her—her head, neck, and face, were covered with contusions—the face was amazingly swollen, and the features very much distorted—she was perfectly insensible—the entire scalp was contused—it appeared to be a very dangerous case—I apprehended fatal results from the first—I visited her on the Sunday evening, two or three hours, and she continued completely insensible till the Monday, when she died—I made a post mortem examination—she died of compression of the brain, in my judgment, caused by extravasated blood under the dura mater—the contused condition of the head, face, and neck, might produce rupture of the internal vessels and extravasation—repeated blows from the open hand on the head would most decidedly cause the appearances I observed on the head—the brain was remarkably healthy; I have seldom seen so healthy a brain—the liver was a little paler than usual, but plump and elastic, and so were all the abdominal viscera—the paleness of the liver was probably produced when death took place—the whole of the back was contused from the head to the lowest part—those bruises did not conduce to the death—I attribute it entirely to the bruises on the head—the head was in a perfectly pulpy state; there was extravasation of all the fluids under the integuments of the head—on examining the viscera, I discovered not the slightest alcoholic smell—the viscera did not present any appearance of a person given to drinking; and that I might be perfectly certain of that, I inserted my head into the body; so that had there been any effluvia from any alcoholic liquid of any kind I must have detected it; and another thing, the liver of a drunkard is of so remarkable a character that it is impossible to mistake it—it was certainly not the liver of a confirmed drunkard—I made the examination on the Tuesday morning—there was not the least smell of liquor in the interior.
GUILTY of Manslaughter under very aggravated circumstances. Aged 46.—
Transported for Life.
Before Mr. Justice Cresswell.
923. PATRICK ARMSTRONG and DANIEL CONNOR , were indicted for burglariously breaking and entering the dwelling-house of Francis Pardon, and stealing 2 pairs of boots, 1 tablecloth, and I pair of snuffers; his goods.
MR. COOPER conducted the Prosecution.
JAMES STREATNELL (policeman, 413 K). On 25th April, about four o'clock in the morning, I was in Bridge-street, Mile-end, and saw Connor close under a wall of Bank's terrace—I asked what he had been doing—he said he got drunk the night before, and got locked out, and was waiting until it was time to go to work—he was quite sober—I let him pass on, and went into a corner and saw a pair of shoes and stockings close under the wall—I directly went after Connor, took him, and gave him to another constable—I then went back and found Armstrong stooping under the wall, as if he had just dropped from it, about five or six yards from where I had seen Connor—I asked what he was doing there—he said he was only taking a walk—I found a pair of boots in his hand, a pair of lady's boots in his breast, a tablecloth in his hat, and another in his trowsers—I called Mr. Pardon up, and took Armstrong to the station—I found a pair of snuffers between where I saw each prisoner—I found footmarks of people close under the wall in Mr. Pardon's garden; one without shoes or stockings—there was fresh dirt on the fence, which was eight or nine feet high—Armstrong asked me to let him put on his shoes and stockings, and he put on those which I found—the shoes did not fit him, but he claimed them—I found Mr. Pardon's window wide open; a man could get in.
FRANCIS PARDON . I keep the house, No. 1, Bank's Terrace, in the parish of St. Dunstan, Stebon-heath. On the night of 24th April I and my wife were last up—we examined the house—the kitchen window was fastened, but the inner shutters were not—I was called up about four o'clock, and found the kitchen in great confusion—I missed a tablecloth, two pairs of boots, and a pair of snuffers—these boots are mine, and these my wife's—the tablecloth has her initials on it—the catch of the window had been pushed back, and the lower sash lifted up.
Armstrong's Defence. I found the boots near the wall; I had them exposed, and gave them up immediately.
Connor's Defence. I am a stranger in London—I got drunk and missed my way; I know nothing of this man.
ARMSTRONG— GUILTY . Aged 21.— Confined Twelve Months.
CONNOR— NOT GUILTY .
Before Mr. Baron Alderson.
924. CECIL PITT , was indicted for feloniously breaking and entering the dwelling-house of William Lewis, and stealing 2 sheets, 1 rug, and 1 counterpane; his goods. MR. METCALFE conducted the Prosecution.
WILLIAM LEWIS . I lodge at 17, Peter-street, Saffron-hill—the house is let out in lodgings, all the lodgers have keys of the outer door—Mrs. Spall, the housekeeper, lives two doors off. On 29th April, about half-past five in the evening, I and my wife left our room—I locked the door, and put the key in my pocket—no one had access to the room in our absence—I returned about half-past eleven or a quarter to twelve, and found the door tied with a piece of rope—it had been broken open—the bolt was shot—a caddy on the table had been opened, and the contents disturbed, but nothing taken—a small box of children's clothes had been turned over, but nothing taken—a rug, a quilt, and two sheets, which had been on the bed, which was turned
up, were made up into a bundle on the floor—the prisoner is not an inmate of the house.
ELIZABETH WILD . I live at 94, Saffron-hill; Lewis is my sister's husband. On 29th April I was passing their house, with another sister, about half-past eight or twenty minutes to nine—I saw a glimmering light in their room, as if from a fire—I watched it a few minutes—the prisoner came close to the window with a light, like a match in his hand; it reflected on his face, and I saw it quite plain—he was opening the cupboard and looking in—my sister called out, "There is a strange man in the room, run!"—the window was wide open, and the prisoner appeared to hear it—he looked out—it is rather low, but a man standing on the ground could not reach it without breaking the window of the shop below—I ran up-stairs, and found the prisoner on the second step from the room coming down—I said, "How wrong it is for you to be in that room; what are you doing?"—I caught hold of him—he said he had been up to the second-floor to inqure for a person—I called the lodgers down, and they said, in his presence, he had not been up there, and was quite a stranger—a policeman came and took him, and I tied the door with a rope—the bolt was shot, and it seemed as if the staple had been forced back.
THOMAS JONES (policeman, G 165). I took the prisoner—I found the door forced open, and two sheets, a rug, and a quilt, in a heap on the floor—the cupboard and window were open—on the ground by the cupboard I found six lucifer matches, two had been burnt.
Prisoner's Defence. I heard two females say there was a strange man in the house; I went in, and they took me.
GUILTY . Aged 22.— Confined Six Months.
NEW COURT.—Thursday, May 9th, 1850.
PRESENT—Mr. Ald. HOOPER; Mr. RECORDER; Mr. Ald. MOON; and
Mr. Ald. SIDNEY.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 20.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOHN RANSON CUTHBERT . I am a tallow-melter, in partnership with Thomas Cuthbert, of 43, Paternoster-row. In consequence of something, on 16th April, about half-past six o'clock in the morning, I went out of a small door in my house on to the loft, without any one seeing me—I looked through a hole cut in the floor, and saw Lewis talking to a man outside—I heard the words, "Have you got it? all right, is it?"—other words passed, I do not know what, and Lewis closed the door with a sack in his hand, which he immediately began filling with large pieces of suet—there was 500 or 600 stone of fat on the floor—when he had nearly filled it, I rushed down and collared him—he made some explanation—I locked him up in a room, and said, "You must be quiet there, because I expect to catch some more of the men, and I don't want them to know you are in custody"—he said Rogers asked him, the
afternoon before, if he would do a bit of work, and asked him to meet him at half-past six, and take the sack, and put the fat in—I put the sack on one side—I could not see who the man outside was—I afterwards went with an officer to Rogers's lodging—he turned very pale, and said, "Forgive me, you will not harm me master, will you?"—he had been in my employ sixteen or seventeen years, but was away two years as a policeman—Lewis had only been there a day or two—I told Rogers I had Lewis in custody—his wife said he had brought the sack to fetch some waste straw—he said yes, and he was not the only man who had been robbing me—there was no straw on the premises.
Cross-examined by MR. HORRY. Q. Was Rogers above Lewis? A. No; he would not have to obey his orders.
Cross-examined by MR. BALLANTINE. Q. Had Rogers to do night-work? A. He had the night before, and therefore was not to come till two o'clock in the afternoon.
SAMUEL COOMBS (City-policeman, 16). I went with Mr. Cuthbert to 3, Pleasant-place, and saw Rogers—I believe he got off the bed—he was dressed—he said to Mr. Cuthbert, "Forgive me sir, you won't harm me, will you sir, I have never been on your premises to-day?"—Mr. Cuthbert said, "I know you have not, but you threw up an empty sack"—he said, "I took the sack for some chopped straw"—I found in a box 5l. 14s. 10d. in silver—he said, "I had 5l. when I left the rail"—I took him, and then went and took Lewis.
MR. CUTHBERT re-examined. My impression is that Lewis left about nine o'clock the night before—he may have arranged with the other men to come late—Lewis had no business in the loft—it was not his business to fill sacks.
Lewis. We had made a wager that I could not carry 3cwt. across the room.
LEWIS— GUILTY . Aged 25.— Confined Three Months.
ROGERS— NOT GUILTY .
MESSRS. CLARKSON and COCKLE conducted the Prosecution.
JOSEPH PHILP . I own about four acres of inclosed ground, at Harmonds-worth; it is planted with fruit-trees and vegetables. On March 29th they were safe; on Sunday, 31st, I heard something, went to the garden, and found 131 apple and pear-trees, value about 19l., cut down, and pulled up—the prisoner had been in my employ—I discharged him in November last—I had seen him about three weeks before this—I traced footmarks on one side of the trees, and out of my garden into another, and then into a meadow, and up to the prisoner's lodging, 200 or 300 yards from my garden—it is not a public way—I went with England to the prisoner's house—he said, "Mr. Philp has a suspicion that you have been cutting his trees down"—he said he had not, and knew nothing about it—we took him to the garden—England told him to put his foot by the side of the footstep—he did so, and made a mark which exactly corresponded with it—the marks where the trees were cut, corresponded throughout in the same way—England then gave the prisoner back his shoes, and we left—we met sergeant Duggan, and went with him and tried the prisoner's shoes to the marks in the next garden—they exactly corresponded—there were only the steps of one person—the shoes were then given to the prisoner again.
Cross-examined by MR. CARTER. Q. I believe you tried more than one pair of shoes? A. No; the policeman fetched a pair for the prisoner to wear
while we tried those he had on—my garden is bounded by a quick hedge and a ditch—the trees were all standards; here are some of them(produced)—a man might cut them down in an hour or a little better, with a good tool—some of them have been cut off by one blow—the chopping would not make much noise—the prisoner had been in my service about a year and a half, and in my uncle's, my predecessor, eight years—he has behaved very well of late—I have had angry words with him before my uncle died, but not since—I was then a labourer the same as him—our feet are not exactly the same size—about eight years ago I bought a pair of shoes of him, and wore them, as they were not large enough for him—Blundell was there when we examined the footmarks—he is not a relative of mine—the ground was soft and light, we made footmarks in walking—we returned on the path—two men had been at work there on Saturday, but they had no business in that part—I was at market all day—the prisoner might have destroyed the boots if he liked—I did not give him in charge then, because I thought I would ask a Magistrate what I should do—as we left the field the second time, I think it was, we met Peters—he told me the prisoner said to him that I might discharge him, it should not be any good, for he would be one with me before long—the prisoner was present then—I gave him into custody on the next Saturday, I think—there are three cottages near the garden, and a good many round about—there is no other nursery-garden nearer than Colnbrook—the nearest cottage was about 100 yards from the nearest tree cut down—that was a man's named Bryant—there were no footmarks in his garden.
THOMAS PETERS . I am a labourer, of Longford, near Harmondsworth, and know the prisoner. On Thursday, 28th March, I was working with him for Mr. Fletcher—he said Mr. Philp had turned him away, and he would be one with him before the summer was over—on Saturday evening, the 30th, I was with him at West Drayton between two and three hours—we parted betweeen six and seven o'clock at night at Wyatt's-bridge, about half a mile from Mr. Philp's garden—on Monday morning, between eight and nine, he came to my house, and said, "Have Mr. Philp and Sergeant Duggin been to you?"—I said, "No, but I have seen them"—he asked what I had told them—I said, "I told them the truth, that you left me at Wyatt's-bridge, and I came here to my home"—he said, "They will be sure to think it was me now."
Cross-examined. Q. Did not you tell him you said he had told you he would be one with Mr. Philp? A. No—I had told Philp on the Sunday morning; I swear that—I told the sergeant of it, I believe, on the Wednesday night following—we had seven quarts of beer between five of us on the Saturday evening—I was not heady, more than I am now—I worked with the prisoner nearly four days—there were men in the field when the conversation took place, but nobody was nigh us—Philp and Heath paid for some beer before we went before the Magistrate—I was not asked about the conversation there.
JOHN EXALL . I live at Longford; the prisoner lodged with me. On Saturday night, 30th March, about ten minutes to ten o'clock, I was in bed in the adjoining room to the prisoner's—I heard footsteps go from his room and down stairs—I then heard the rattling of the door fastenings, as if they were being undone—in about two minutes the steps came up-stairs again—they remained in the room about a minute and then went down again, went to the door, and I heard them walk towards the high road, in the direct road to Philp's garden—my son, aged eighteen, sleeps down-stairs; it was not him—I afterwards saw the prisoner's shoes fitted into one track over the wall of my back garden—they fitted exactly, as far as my judgment goes—the steps
were coming towards the wall—that would not be the direct road back to the high road.
Cross-examined. Q. I suppose you mean to say the size of the shoe and the footmark were nearly alike? A. Yes; I consider it was made by the shoe—a fresh impression was made to show that it would make such a one—I was within four feet, in my own garden, looking over the wall—the mould in my garden would not take an impression—the track ceased outside the wall, pointing to it—the prisoner had lived with me since the middle of Jan.—I do not know why the person came up-stairs again—I thought he was out at the front the first time, and the last time at the back—I went to bed about half-past nine—a person might have come in in the middle of the night and I not know it—my son slept farther from the door than me—the prisoner is not in the habit of going out at night—he has one child.
JOSIAH HEATH . I am a shoemaker, of Longford. On Saturday, 30th March, about ten o'clock, I met the prisoner, about 200 yards from Mr. Philp's, going towards the village, away from the garden—I said "Good night"—he knew me, for he answered me—he was going away from Exall's.
Cross-examined. Q. You knew him very well? A. Yes; I did not notice that he was carrying anything—he wore a sort of fustian-jacket.
THOMAS DUGGIN (police-sergeant, T 28). On Sunday, 31st March, I went with Mr. Philp to his garden, and found a great number of trees had been cut down—I saw a great number of footmarks by those trees, and traced them up the garden into an adjoining one—they then went a few steps to the left, and turned round into a meadow which leads to the prisoner's house—the field is 100 yards long, as near as possible—I measured it—a foot track went up to the garden wall of the prisoner's house—we went there, and I told the prisoner Mr. Philp suspected him of cutting the trees, and I wanted him to go with me, as I had found tracks against the wall—I asked him for the shoes—he said, "These are the shoes I had on on Saturday"—we took him to the place, and I made a mark with his shoes by the track by the wall—they corresponded exactly—he had another pair of shoes on—I afterwards fitted them into the marks—I said, "I am confident this is the shoe which made that mark"—the prisoner said it was not—we then went to Philp's garden, and found the marks by the trees to correspond with the mark by the wall and with the shoes—Philp's footmarks were very different in length and width, and I do not think he had any nails in his shoes—there were only marks by one person where the trees were cut—in some places I found Philp's footmarks as well, but they did not go so close to the trees, and seemed to be different altogether—I searched the prisoner's house—I asked if he had a bill-hook—he brought me this hatchet, and said it was all he had got—I found no pruning-knife, or any other instrument.
Cross-examined. Q. This hatchet does not seem very sharp? A. No; I think some of the standard trees were cut off at one blow, but a good many were hacked, which it would do very well—I was there about one o'clock—I believe England had been there before me—some impressions were good, and some not—two were covered up—these are the shoes(produced)—I was on duty that Saturday night in the neighbourhood of the garden—a man is placed under me—he has a great distance to go, and might not have heard the chopping—it might take longer to chop 131 trees than he would be going round his beat—I asked Peters whether he came home with Keen on Saturday night—he said, "No; I left him down at Wyatt's bridge"—the question was put to Peters, because the prisoner had told me distinctly that he had come home with Peters to his own door—there is no road through the
meadow—I received these boots on the Saturday, a week afterwards—I had returned them to the prisoner, because Mr. Philp refused to give him in charge till he got stronger evidence—I have been in the police twenty years and six months—there are particular marks in the nails of this shoe; you cannot get one to match it—the prisoner said the shoes did not fit the marks, but I am confident they did, I never saw a better fit in my life—none of the others had seen the mark by the garden-wall till we all came together—there was a trace from the garden into the meadow, where some one had jumped over the ditch; then the trace was lost, till you came to the garden wall—I was the first to examine that—the shoes were given back a second time to examine it—I have often examined footmarks before, but have not been bound over to prove it, other policemen being in the cases.
WILLIAM ENGLAND (policeman, T 170). On Sunday, 31st March, I went with Mr. Philp to his garden, and saw several trees cut down, and the foot-marks of one person only—I traced them into the adjoining garden, and from there to the back of where the prisoner lived—I went there and asked him if he would accompany me to Mr. Philp's garden, as he suspected he was the person who had wilfully destroyed his, trees—he said "Yes," and went with me—he had the shoes on to the gate, and I fetched another pair for him; he changed them before he went into the garden, but I noticed the marks the first pair he had made, and compared them with the other impressions—they corresponded in my judgment.
Cross-examined. Q. In what particular did they correspond? A. They were the same size—I was away five minutes, getting the shoes—I do not believe the prisoner had moved when I came back—Mr. Philp was with him—he had these shoes on till I came back—I told him to put his foot down and make an impression, and he did so—it was loose soil by the fruit trees, not mud—it was not frosty—such mould as that would not be drawn up with the foot—I gave up the shoes because Mr. Philp would not give him into custody—the mark by the garden wall was discovered between ten and eleven o'clock on Sunday morning, during the second examination—the prisoner had no business outside the garden wall, the meadow was another person's—I was on duty that night—it was a light night—the trees were in rows—a person must have known them to get at them in the night—Philp first mentioned the prisoner to me—I met Peters about twelve o'clock that morning—he did not then say anything about being one with Philp—that did not come out till we were at the police-court—I could see some of the nail-marks, but not as if the ground was solid—there are nails out of the shoe—you could see perhaps five nails in the impression, and then two or three—both the shoes corresponded with marks—I found no mark of the iron plate on the toe of one of them—the impression was not so sharp and neat as if the ground had been wet—some impressions might be an inch deep or more—in some places it was very good—they went to the trees regularly—the person must have well known where they stood, dark as the night was.
(The prisoner received a good character).
GUILTY . Aged 28.— Transported for Seven Years.
THIRD COURT.—Thursday, May 9th, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. WILLIAM
HUNTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
GUILTY . Aged 38.— Transported for Seven Years.
929. WILLIAM GEORGE GORDON , burglariously breaking and entering the dwelling-house of Christian Henry Heier, and stealing 1 spoon, 1 bottle, and 1 memorandum-book, value 7s. 7d.; his goods: to which he pleaded
GUILTY .— Confined Nine Months.
930. JOHN HORNBLOW , stealing 1 portmanteau, value 22s.; the goods of John Shipway, his master: also, 1 other portmanteau, 22s.; the goods of John Shipway, his master; having been before convicted: to which he pleaded
GUILTY . Aged 32.— Transported for Ten Years.
GUILTY . Aged 16.— Confined Six Months.
MARY MENDHAM . I am a widow, and am landlady of Bishop Blay's public-house, in Shoreditch. The prisoner was in my service six days—on Tuesday evening, 16th April, she asked leave to go out, and said she would not exceed an hour and a half—I next saw her in custody on the Thursday—between five and six o'clock that evening she had asked me for the key of my bedroom, and she went up-stairs, and made the room straight—I went to bed about half-past twelve, but had no occasion to go to my drawers then—on the next morning, when I was dressing, I found both the drawers where I kept my plate and linen were broken open, and I missed six tea-spoons, a dessert-spoon, a caddy-spoon, and a piece of silk—I had seen them safe on the Sunday, and had then rolled up the silk to take it to my niece—I was in the habit of keeping my bedroom locked, and the key in my pocket.
ELLEN PAYNE . I am the wife of William Payne, a coach-trimmer, and live in Camden-passage, Islington. I have known the prisoner two years—on 16th April she came to our house, and gave me a piece of silk to trim her bonnet with—I put it into a drawer—the officer came and demanded it, and my sister gave it to him—she is not here—this silk produced looks like what she gave me.
JOHN REEVE (policeman, A 424). In consequence of information, I took the prisoner into custody on 18th April, in High-street, Islington. I told her I took her for stealing six tea-spoons, a caddy-spoon, and a dessert-spoon from her mistress—she said, "Yes, and serve her right too"—I got this piece of silk from Mrs. Payne's shop—the spoons have not been found—the drawers appeared to have been broken open with a chisel, and there was a chisel in the kitchen corresponding with the marks.
Prisoner. Q. Did I come out to you when you inquired for me? A. No—you were talking to another woman in the street when I took you.
Prisoner's Defence. I told my mistress I wanted to leave her service; I went to the persons I had lodged with; I told them how I was treated, and they said I had better not stop, and I should not want for a night's lodging or food; they made me take something, through which I did not return that night; I did not ask for the key.
GUILTY .— Transported for Seven Years.
933. HENRY BINFIELD , stealing 2 memorandum-books, 2 locks, 3 keys, and 1 scent-bottle, value 7s.; the goods of Thomas John Smith and another, his masters: and HENRY HALL , feloniously receiving the same; to which BINFIELD pleaded GUILTY . Aged 17.— Confined Seven Days.
(He received an excellent character. His father engaged to look after him, and two witnesses engaged to give him employment.)
JOSEPH HEDINGTON (City-policeman, 20). In consequence of information, I watched Mr. Smith's premises, in Queen-street, on 2nd May, at a quarter to eleven o'clock—I saw Binfield there, and followed him to the corner of St. Andrew's-hill, where he joined Hall—they went together to the corner of Ireland-yard—I saw Binfield take something from his waistcoat-pocket, and give it to Hall; then something else, which Hall put into his jacket-pocket—they then separated—I followed Hall, took him, and found two books in his pocket; I asked him where he got them—he said he bought them of a boy—I took him to the station, and then found the locks—he said he bought them of the same boy—I had been watching Binfield nearly a week, and on the previous Saturday I saw both the prisoners meet in Basing-lane—Binfield gave Hall something, which I believe was money—on the following Monday also they were together about twenty minutes.
GEORGE THOMAS BOOTH . I am in Mr. Smith's employment. We have locks like these produced, in our warehouse—I cannot swear to them, but they correspond in every particular—I believe these memorandum-books to be Mr. Smith's property—there is so much property in the shop, that we should not miss such a small quantity.
Halll's Defence. Binfield asked me if I wanted to buy any locks; I asked what sort; he said he would bring them; he brought them, and said he wanted 3s. for them; I said I had not got the money.
HALL— GUILTY . Aged 22.**†— Transported for Seven Years.
WILLIAM JAMES LEWIS . I am a pawnbroker, in Eyre-street-hill. On Saturday evening, 20th April, the prisoner came to my shop to pledge this hearth-rug(produced)—I suspected she had stolen it—she said she bought it in Exmouth-street, and having a shop there myself, I thought perhaps it was my own property—I sent her to find the person she bought it of, and my boy followed her—she went another way, and I gave her into custody.
Prisoner. I was never in his shop till I went back with the policeman. Witness. I am quite positive she is the person—I never lost sight of her till she was taken.
in Exmouth-street—this rug is his property. On 20th April, between five and six o'clock, I missed it—it had been safe half an hour before, on the back of a chair outside the shop, for sale.
Prisoner. Q. Did you ever see me before? A. Yes, about the shop.
FREDERICK MATTHEWS . I am in Mr. Lewis's service. On Saturday evening, 20th April, the prisoner came into the shop with a rug—I am certain she is the person—in consequence of directions from my master I noticed which way she went—she went down Liquorpond-street to Gray's-inn-lane, where I called a policeman, and she was stopped—that was going away from Exmouth-street—I had not lost sight of her.
Prisoner's Defence. I am innocent of it, and never was in the shop.
GUILTY . Aged 36.— Confined One Month.
MR. O'BRIEN conducted the Prosecution.
THOMAS JONES . I was servant to Mr. Minton, a beer-seller. On Saturday night, 13th April, about half-past nine o'clock, I saw the prisoner and another man, called "Paddy," up-stairs in the second floor at Mr. Minton's—I had seen the prisoner down-stairs before that, playing the fiddle—there was no one up-stairs but them and me—Mrs. Minton was down-stairs in the bar, and there were some soldiers in the house—Paddy broke the panel of a door with an axe, and the prisoner was standing at the top of the stairs seeing whether any one was coming—the prisoner said he would cut my throat if I told my master—after the panel was broken, he went in and fetched out three blankets, two sheets, and some dresses, one by one, through the broken panel—they brought them down stairs, folded up in a red bundle, and the other man took them into a cottage at the back of the house, where no one lives—the prisoner had been drinking that evening, but was not intoxicated—he was only pretending to be so, staggering about—when they came down the prisoner went in front of the bar, and pretended again to be drunk—he left about twelve o'clock—I did not see him again till he was in custody on the Monday or Tuesday after—I had not given any information to any one in the meantime of what I had seen—the prisoner said he would cut my throat, and I was frightened—I told it first when the policeman came on the Monday—the prisoner said he would buy me a new suit of clothes, a watch-guard, and a watch, and a new pair of boots, and a sovereign in my pocket to go prigging—that was on the Sunday night after the robbery.
Cross-examined by MR. PAYNE. Q. How many people were there down stairs when they broke the door with the pickaxe? A. I cannot say; the room was choked full, and Mrs. Minton was in front of the bar—I followed them up-stairs—I did not call out when they were hammering away with the pickaxe; they said they would cut my throat—they asked me to get into the room through the broken panel, and I refused—Mr. Minton came home about ten minutes to eleven—I did not say a word to him about it—they were in the house at the time—I have run away from home about thirteen times—I have been to Quebec in a ship, and ran away from the ship—I am thirteen
years old—my father lives in Sandford-street, Southwark—I left home in the night, about five weeks before this happened, and smoked cigars and drank porter in a Glasgow steam-boat—I then went to Kensington—I have run away eleven times in the last two years—Mr. Minton wrote to my father, and my father sent a letter to him—I have seen it—it was read before the Magistrate—I went with Loome to No. 8, or 9, Union-court, when he found some papers of Mr. Minton's on the floor—I was taken to the station for being under a bed, but they could make no charge—some of the prisoner's friends put me there to get me out of the way—some of their friends kicked me, and gave me this cut on my head—after I had given the account I have to-day before the Magistrate, he remanded the prisoner for a week.
MR. O'BRIEN. Q. When did you get that blow? A. On the next Saturday night; a man, who I have seen with the prisoner, gave it me—the prisoner was in custody then—after the prisoner was in custody Black Charley, an acquaintance of his, took me down Duck-lane, to get me out of the way, and they wanted to give me 5s., but I would not receive it—I am now employed by Mr. Beveridge, a tobacconist and newspaper seller, at 4, York-street, Westminster—I live with Mr. Minton, but I am going home again to my father—I left home because I wanted to go to sea, and my father would not let me.
CHARLES MINTON . I was a beer-seller, and kept the Duke of York. On 13th April, Jones was in my service—I was out that evening, and returned about half-past eight o'clock, and again at half-past ten—I saw a bundle in the bar containing these blankets, sheets, gowns, and other articles, in consequence of which I went to my room on the second-floor, and found the panel of the door cut and pushed in—I got in through it myself, and missed all the clothes off the bed, books and papers, shirts, and other things that have not been found, to the value of 30s.—I saw Jones there that evening, but he did not say anything to me about the robbery till the Monday afternoon, when the policeman was there—I have known the prisoner some time—I saw him in the house that evening, about half-past eight—I left him in the house—I cannot say who was with him—there was a full house—I know the person described by Jones; be was in the habit of coming with the prisoner, and was in the house that evening—I have seen him once since this happened, but not since the prisoner has been in custody—these papers(produced by Loome)are mine, and were in a box about a week before.
Cross-examined. Q. You did not know you bad lost them till you saw them produced? A. No; I saw them again on the Monday or Tuesday-week afterwards—the bed-room is on the second-floor, about forty steps from the bottom—the prisoner has been in the habit of playing the violin in my room for about three months—I wrote to Jones's father, and have received an answer from him which was read before the Magistrate—I have left the public-house now.
GEORGE SEARLE (policeman, A 248). On Monday, 15th April, I took the prisoner into custody at the George and Ball, Orchard-street—I told him I wanted him for robbing Mr. Minton's house of several articles of wearing-apparel—he said he knew nothing about it—I knew him before, and I know a man named Paddy, but not by that name—the prisoner lived at 10, Union-court, Orchard-street—after I had taken him, I searched the room, but found nothing.
MARK LOOME (policeman, B 11). I went to the cell where the prisoner was, and asked him what he was there for—he said for what he knew nothing about—he said he was in the beer-shop on the Saturday evening, and said "You saw me there"—(I did see him there, and he offered me a glass of ale)—
he said Paddy went up-stairs—I know a man of that name—I have been in search of him since, and have not found him—I went to 10, Union-court, and made a search in the boxes, and found nothing—I went again on the following Sunday, and found the door pad-locked outside—I heard footsteps in the room, knocked at the door, and no one answered, and I drew the staple, and found a female there—I then searched the room more strictly than at first, and found these two papers under the bottom of a box—I do not think I had searched under there before—I had searched inside it, but had not moved it.
Cross-examined. Q. Did Jones go with you? A. Yes, the second time—the prisoner had been five days in custody when I found these things—I have got the letter Jones's father wrote.
MR. PAYNE to CHARLES MINTON. Q. Had you said anything to the boy before he made the statement to you? A. Yes, I accused him of doing it himself, or some one else with him—I said to him on the Saturday evening, "You have been up to your tricks again, you young rascal; I caught you in the bed-room yesterday"—my wife had caught him there—(The prisoner's statement before the Magistrate was here read:—"On Saturday afternoon I went to Mr. Min ton's house, and asked for a pint of ale; his wife served me; she asked if I had anywhere to go that night to play; I said I had not; she desired me to go to play in the evening; when I went, there was a soldier playing, and me and the soldier played together, and I got drinking, and got three parts tipsy, and when the soldier left off, I left off; that was ten minutes to ten; the landlord came in, and said, "You drunk again," and I gave him a glass of ale, and we stood there drinking pint after pint, till we both got tipsy; there was a row in the house about the panel being broken, and he said to the boy, 'You have been up to your old tricks again,' and his wife said, 'I went up yesterday, and found him in the act of breaking open a box,' and what with getting hold of him, they have got him to say this.")
NOT GUILTY .
936. EDWARD JAMES , stealing 5 sovereigns, 19 shillings, and 4 pence; the moneys of Christopher Procter and another, his masters: also, 1 sovereign, 2 half-sovereigns, 2 crowns, 4 half-crowns, 10 shillings, 8 sixpences, and 6 groats; the moneys of Christopher Procter and another, his masters: also, embezzling 5l. 4s. 8d.; the moneys of Christopher Procter and another, his masters: to all of which he pleaded
GUILTY . Aged 32.— Confined Twelve Months.
ELIZABETH LOVETT . I am the wife of George Lovett, of Perkins'-rents, Peter-street, Westminster. On 19th April, I had a shirt hanging out to dry in the yard—I saw it safe at half-past seven o'clock in the morning, and missed it in half an hour—the prisoner lodged with me at the top of the house—after I missed the shirt, I went up, and accused her of taking it, and she denied it—I told her nobody had been in the yard but her—there were four or five young men in the room with her, and in consequence of what one of them said, I went to Mr. Williams's pawn-shop in Great Smith-street, and found the shirt there—I went back, and told the prisoner I had found the shirt pawned for 6d., and if she gave me the ticket I would get it, and she would have no more bother about it—she refused, and I gave her in charge—this is the shirt(produced)—it is my husband's.
shirt was pledged with me by the prisoner, on 19th April, for 6d.—there were two persons together, but the prisoner pledged it.
Prisoner. I did not take the shirt; it was a young girl, and I went with her to pawn it.
GUILTY . Aged 20.— Confined Six Months.
FRANCIS STOKER (police-constable, N 262). On 27th April I was on duty in Maiden-lane, and caught the prisoner wrenching this iron from the wall of Mr. Randell's tilekiln—it was hanging to the wall—I took him into custody—he had a crowbar with him—in going to the station, he told me I should find the pipe belonging to it in a ditch opposite Mr. Randell's—I went, and found it there—I then went to his premises in Maiden-lane, and there found another pipe, which had been taken away from a place a few yards from where I found the prisoner—it fitted the place—these are the articles(produced)—the prisoner was building a cottage a quarter of a mile off.
WILLIAM WOOD . I am manager of Mr. John Randell's business. This pipe is his property—I have known the prisoner some years—he is insane, and has a monomania for stealing—I have had money transactions with him, and always found him honest.
Prisoner's Defence. I am sorry for it.
GUILTY . Aged 46.— Confined Six Months.
(A witness, who had lodged with the prisoner fourteen years, stated that he had been out of employment twelve months, and for the last fortnight had acted very strangely.)
939. WILLIAM JOHNSON , stealing 1 clock, 2 candlesticks, 10 keys, and other articles, value 8s.; the goods of Henry Atcheson: having been before convicted.—(See page 8.) There were four other COUNTS laying the property in other names.
ALFRED VIGOR (policeman, S 116). I am stationed at Kingsbury, in Middlesex. I recollect the National-school there being broken into on 19th March—on the 27th I followed the prisoner into a house in Camden-town, and asked him whether he lived there—he said, "No"—a woman said he had left some property there a day or two previously—I had it brought out, said I suspected it was stolen, and I should take him—I found these keys (produced)in his pocket—two of them are not identified, and one of those two fits the school-room door—this bunch fits the locks in the school-room—I asked him, before opening the bundle, if the things were his property—he said, "Yes," he bought them of a man in Edgware-road—(produced, containing candlesticks, snuffers, and tray).
Cross-examined by MR. PAYNE. Q. Was it not before the bundle was opened that he made that statement? A. I cannot say whether it was before or after.
ELIZABETH WHITE . I am the wife of Thomas White, of Stutley's-place, Camden-town. I know the prisoner—on 20th March he left a bundle at my house, and asked me to keep it for him—he said he and his wife were going to housekeeping—he opened the bundle, and showed me two brass candlesticks, the snuffers, and tray—I showed the same things to the policeman—after I had given him consent to leave the things he said he wanted to sell a clock, as he had very little money—I went with it to a pawnbroker's, and they would not take it in—he then went over to Mr. Bignell's, and he told me he sold it there for 3s.—this appears to be the same clock.
Cross-examined. Q. You did not go? A. I went to the door—I had nothing to do with the selling of it—I cannot say whether it was covered over at all—I recognise it by the brass at the winding-up being broken.
Cross-examined. Q. Who did you buy it of? A. The prisoner—the woman was there—they came together.
JANE CRAWFORD TAYLOR . I am mistress of the National-school at Kings-bury. On 19th March I left the windows all fast, and the doors locked, and left the key at a shop on the Green, where it is always kept—on the 20th I discovered it had been broken open—the windows were still fast—I do not know where any one had got in—I found the candlesticks, snuffers, tray, clock, and ten keys, gone—the school is supported by the committee, who are Mr. Field, Mr. Smith, Mr. Rutt, and Mr. Richardson—Mr. Atcheson is the Minister—he has the management of the school, and is the treasurer—he appoints me—these things have not been bought since I was there—I cannot say who bought them.
Cross-examined. Q. How do you know the keys? A. Because I have always had the use of them—this one(pointing it out)is the organ-key—there is nothing particular about any of them—I know them in no other way than by their fitting the locks—Mr. Atcheson pays me—Mr. Richardson keeps the shop where the keys were left—his name is James.
Cross-examined. Q. Have you seen him since? A. No, but I knew him well before then—there is a very little difference in him.
GUILTY . Aged 36.— Transported for Ten Years.
(The policeman MARTIN stated that the prisoner bore a very bad character, and that a quantity of stolen property was found in his house.)
ANN NOYES . I am the wife of Robert Noyes, of Grove-terrace, Maryle-bone. On 10th April the prisoner came and offered some lead for sale—I told him my husband was not at home—I left him in the passage—a few minutes after I was galled by one of the workmen; and in consequence of what he said, I went into the kitchen, and found the prisoner there—I insisted on knowing his business—he said he came to sell the old lead—I told him he had had his answer before—I insisted on knowing what he had about him, as I thought he had stolen something—he said he had not—I perceived he was concealing something, and I took the steel from his coat, and in the parlour up-stairs he produced a carving-knife—they were my husband's property.
Prisoner. Q. Did you shut the parlour-door when you answered me? A. I believe I did.
Prisoner's Defence. The prosecutrix came down, laid the steel and knife on the table, and sent for a policeman.
GUILTY .† Aged 21.— Confined Six Months.
ADOLPH DANSEE . I live at 58, Middleton-street, Clerkenwell, and am a furrier. On Tuesday, 16th Feb., the prisoner came into my employment, as errand-boy—he stopped two days and a half, and then left without giving me notice—the day before he left I sent him into my back-room for a pair of boots, and he stayed there longer than was necessary—on the Thursday he went again, for my watch—in the afternoon he went to his dinner, and did not come back—on the Saturday he came for his wages—I asked him why he had stopped away—he said he had gone back to his old master, but he would come back to me—I objected at first, but afterwards said I would take him—I afterwards learned that he did not go back to his old master—while he was there on the Saturday evening I saw my watch safe over the mantelpiece, and the other thing was in a drawer in the back-room, but I do not know when I had seen it safe—I went out of the room, to go into the back room, and had to go down-stairs—he was about two steps down-stairs when I went into the back room—I came back in five minutes, and the watch was gone—he was to have come into my employment again on the Monday, and did not come—I did not see him again till he was in custody.
SARAH LEWIS . I was in Mr. Dansee's employ while the prisoner was there. I met him on 17th April, in Percival-street, as I was going to my dinner—I asked him why he did not come back—he said, because he liked—I asked whether he had been to work—he said he had not—I walked with him down Percival-street, to see if I could see a policeman—I could not, and he ran away from me—that was at half-past one o'clock—as I returned, at a quarter-past two, I saw him again—he ran down Allen-street, Goswell-street—he was stopped, and given into custody.
GUILTY . Aged 18.— Confined One Week and Whipped.
REUBEN LEVY . I am a watch-manufacturer, in Nelson-street, Finsbury. The prisoner was my foreman two years—in Feb. last I left town, and left the prisoner in charge of my business—I returned to town on Good Friday, went to my business on the following Monday, and the prisoner was not there—he has never returned since—I examined my stock, and missed six pairs of silver watch-cases, twelve gold watch-cases, five gold dials, four gold Geneva watches, and one silver watch—I had seen them safe in Feb., before I left town—I went to Mr. Wood's shop, and there saw the eighteen watch-cases, and the four gold watches—I next saw the prisoner last Saturday afternoon, in one of the Courts at Westminster, in custody.
Prisoner. Q. How long have I been in your employment? A. From two to three years; you were with me eighteen months before you were foreman—I have no fault to find with the way in which my business was conducted while I was from town—sometimes there was a little negligence—I
have sent you sums of money, from 50l. to 80l., to pay to my banker—they were always paid correct—you have been sent round to shops to sell for me—I have often complained of the shabby appearance of your dress—you had 24s. a week—you were only foreman protem.—the foreman whose place you took had 2l. 12s. 6d. a week—you had the same property under your care as he had—you had an order for twelve gold watches when I went out of town—the order was completed while I was away—you never complained that you had not sufficient money to pay the workpeople—there were not complaints between me and my late foreman about the way the wages were paid—when a person has come into the counting-house I have sometimes borrowed 1l. from the cash-account to pay them, but then I have got change, and paid you then and there. The prisoner here pleaded GUILTY . Aged 29.—
Recommended to mercy by the Prosecutor.— Confined Six Months
943. JOHN WHEATLEY, ALFRED HOLMES , and GEORGE SMITH , stealing 1 purse, value 1s.;1 half-sovereign, and other money; the property of Ann Margaret Chambery, from her person: Wheatley and Holmes having been before convicted.
MR. ROBINSON conducted the Prosecution.
JEREMIAH LOCKERBY (policeman, S 180). On 22nd April, about half-past eight o'clock in the evening, I was on duty in the New-road, and met Wheatley and Holmes near the Hampstead-road—I crossed over to Mason, and we watched them—Holmes stopped at the corner of a gateway, and looked about as if looking for some one—Wheatley walked on—Smith came up a few minutes after, joined Holmes, and then they all joined and walked toward Euston-square, following some ladies—they then turned, and followed some ladies back—they then turned back again, and went as far as Euston-square—I continued to watch from the garden; I was in on the other side of the way, and saw three ladies and a gentleman come out of Euston-square, one of whom was Mrs. Chambery—Holmes made a rush past them, and the others stopped behind—Wheatley then went up to Mrs. Chambery, and put his hand into her pocket—Smith was then about a yard behind,covering him—I law Wheatley's hand going backwards and forwards, and in about half a minute Wheatley and Smith both made a rush past them joined Holmes at the corner of George-street, and they all three ran down George-street together—I made a communication to the lady, went after the prisoners, and saw them all in about ten minutes coming up Drummond-street together, about 300 yards from where they had stopped the ladies—when they got to the area of the corner house, No. 24, I saw another policeman coming, and we made a rush at them—Wheatley made a bob down on the ground, and I fell over him—I collared him, and told him I wanted him for picking a lady's pocket in the New-road ten minutes previous—he said I was mistaken—I said I was not, I saw him do it—I took him to the station.
Cross-examined by MR. COCKLE. Q. Were you in the same street as them when you saw them go to the ladies? A. They were walking up one side, and I the other, immediately opposite them—I searched Wheatley at the station, and found 4 1/2d. on him.
Cross-examined by MR. THOMPSON. Q. Where is your beat? A. Anywhere; I am a plain-clothes man—I stopped the lady between George-street and Euston-square—it is not more than 100 yards from one to the other—it was not more than forty yards from George-street where the rush was made—24, Drummond-street is at the corner of Charles-street East—Charles-street runs from Euston-square station to the Hampstead-road, and Drummond-street runs from the station.
Cross-examined by MR. PAYNE. Q. How many constables were there? A. Three; there was no sergeant there—there were only two when the rush was made.
JOHN MASON (policeman, S 168). On 22nd April, I was with Lockerby in the New-road, and saw Wheatley and Holmes together—I saw them join Smith, and they walked together down the New-road towards Euston-square—Wheatley stood at the corner, and the two others were in the square—after watching a short time, they returned from the square an followed three ladies and a gentleman—I afterwards saw Lockerby speaking to the three ladies—I did not see what the prisoners did, I merely saw them pass—I went in pursuit of the prisoners, and saw them cross George-street, and I pushed Holmes and Smith against the area railing of 24, George-street—the place where the purse was found has been pointed out to me by Stevens—that was the same place where I pushed them against the railing—I took them to the station, searched them, and Smith produced a half-crown and a shilling.
Cross-examined by MR. THOMPSON. Q. The house is 24, George-street? A. Yes; not 24, Drummond-street.
Cross-examined by MR. PAYNE. Q. Smith was about to be searched when he gave up the money? A. Yes; we did not take the prisoners at the moment, because they ran away, and we stopped the ladies to ascertain whether they had been robbed—they were taken about a quarter of a mile from the spot, coming back towards it, not exactly in the same direction, but in the same line—we lost sight of them a short time—there was not a sergeant standing in George-street that I am aware of—I did not see anything done to the ladies, because I was about forty yards behind Lockerby.
MR. ROBINSON. Q. Then the prisoners would have a very long start of you? A. Yes; Drummond-street runs at the back of the New-road.
ANN MARGARET CHAMBERY . I am single, and reside in New Quebec-street, Portman-square. On the evening of 22nd April, I was in the New-road with some friends—when near George-street, some person pushed against me on my right side, and when I had got a little further, the officer came and asked me if I had lost anything—I felt my pocket, and found my purse gone—it was in my gown pocket, on the right-hand side—I had seen it safe about a quarter of an hour before—there was half-a-sovereign, half-a-crown, and some shillings in it—this produced is it—the half-sovereign was wrapped in this piece of paper.
Cross-examined by MR. COCKLE. Q. You say it was safe a quarter of an hour before? A. Yes; I put half-a-crown in it—I have never said it was safe half-an-hour before—I was coming from Wilton-street, along the right side of the New-road, the same side as George-street.
WILLIAM BOYESON (policeman, E 6). I produce a certificate of Wheatley's conviction—(read—Convicted April, 1849, of larceny from the parson, having been before convicted, and confined twelve months)—I was present; he is the person.
HOLMES— GUILTY . Aged 20.
WHEATLEY, GUILTY . Aged 19.
Transported for Serven Years.
SMITH— GUILTY . Aged 22.— Confined Six Months.
OLD COURT.—Friday, May 10th, 1850.
PRESENT—Mr. Baron ALDERSON; Mr. Justice CRESSWELL; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HOOPER; Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Third Jury.
JANE BROWN . I am single—I lodged at 29, Henrietta-street, Vinegar-ground, about five months, with the prisoner—we were very good friends up to 9th April—I went out that day, and when I came home I found her lying on the bed—I went out again, returned in about five minutes, and found her sitting on a chair, not quite sober—she shut the door, and said she wanted some money of me—I owed her a trifle—I had paid her some of it—I said she wanted to go drinking with it—she got up, got me to the fireplace by my hair, and cut my head open with a poker—she gave me a second blow, and I became insensible—about three o'clock next morning I came to myself in the hospital.
ALFRED GRIFFITHS . I am a porter. On 9th April I was at a friend's house, opposite to 29, Henrietta-street, and heard cries there—they had opened the window—a female there begged me to jump in—I did so, and saw Brown lying on the bed—Jones had hold of her by the wrist, and had a poker in her hand—Brown's head was bleeding—I parted them, and took this poker away(produced)—Brown was insensible—I put her into a cart, and took her to the hospital—the prisoner was not sober.
Prisoner. You had been drinking gin; you fetched three sixpenny-worths; you have been tried here. Witness. I have known the prisoner for years—I had been drinking that morning, but do not think she was present—I have been here before.
WILLIAM HOLLAND (policeman). I was called, and took this poker from the fireplace—I found a considerable quantity of blood on the bed—the prisoner said, "I did not strike her with the poker; it is all through drink"—she was not sober.
JOHN ABERNETHY KINGDON . I am house-surgeon at St. Bartholomew's. Brown was brought there, with two slight scalp wounds over the temple, which were bleeding slightly—they must have been inflicted with considerable violence—she appeared to be in hysteria.
Prisoner's Defence. If she had given me the money, there would have been no words; my face was scratched to pieces.
GUILTY of an Assault. Aged 26.— Confined Four Months.
945. WILLIAM SWEET , feloniously forging and uttering 5 acquittances and receipts for the payment of the sums of 2l. 4s. 6d., 3l. 5s. 6d., 2l. 4s. 6d., 3l. 5s. 6d., and 3l. 5s. 6d., with intent to defraud George Burrow Gregory, and others: to all of which he pleaded
GUILTY ; he received a good character. Aged 44.
Before Mr. Justice Cresswell.
MR. ATTORNEY-GENERAL, with Mr. CLARK'SON, Sir JOHN BAYLEY and
MR. BOVILL conducted the Prosecution.
FOREST ROTHNEY . I am one of the clerks of the London and Westminster Bank—on 26th Feb. last they were the bankers of the prisoner—I have here my counter-book—on that day there was a check for 1,400l. paid to me—whether it was a check of the Globe Insurance Company or not I do not know—it was paid to the credit of the prisoner—I placed it the same day in such a course that Mr. Hobson, another clerk, would get it—it was placed to the credit of the prisoner's account at the bank—I have not the slightest recollection of the person by whom the check was brought to me—it is the practice of our house, when a check is paid in, the proceeds of which are to be carried to the credit of a customer, to have a memorandum in writing—I received such a memorandum with that check—this is it(producing it)—it is partly printed—I know the prisoner's handwriting—I should say that the name of "Walter Watts" here is the prisoner's writing; I believe it to be so—the words "Glyn and Co." appears to me the same character, and the figures "1,400," I believe to be his handwriting.
Cross-examined by MR. COCKBURN. Q. Do you know anything of his handwriting but from his signature? A. It is the same character as his signature—I do not know his writing any more than his signature—if this had been placed before me, without his signature, I do not think I should be justified in swearing to it—if I had seen this "Glyn and Co." to-day, for the first time, without the opportunity of comparing it with his signature, I should not undertake to speak to my belief of its being his writing—having the two together, I should decidedly say that the character of the writing is the same—from knowing the signature better than the other writing, I naturally compare the writing with the signature—I have compared them, and the opinion I give is the result of that comparison—if I had not had the opportunity of comparing them, I do not know that I should altogether undertake to say that I believed it to be the prisoner's writing.
MR. CLARKSON. Q. There is also I observe on the memorandum, "26th Feb." in writing? A. Yes; that is rather more carelessly written—I could not swear to that being the prisoner's writing, but it certainly bears that character—I believe it to be his—these memorandums lie on the counter in blank, to be filled up by the customers when they come there—(read—"London and Westminster Bank, Lothbury. 26th Feb. 1850. Credit Walter Watts's check, Glyn and Co., 1,400l."
MR. COCKBURN. Q. You say the 1,400l. was carried to the prisoner's credit; do you carry to his credit? A. No, I do not; I merely enter it in my book.
JOHN HOBSON . I am a clerk in the London and Westminster Banks, and was so on 26th Feb. last—I keep a book, in which I enter the checks which are paid in in the course of the day(produced)—it is in my hand-writing—on 26th Feb. last, after three o'clock in the afternoon, I have entered a check for 1,400l. on Glyn and Co.—I do not know what check it was—I presented it, in the usual course, with the other checks on Messrs. Glyn—the total I received from Messrs. Glyn that afternoon was 4,269l. 16s. 10d.—that included the check for 1400l.—I took the 4,000l. odd, which I received at Glyn's, to the London and Westminster Bank.
Cross-examined by MR. COCKBURN. Q. Have you any memorandum in
your handwriting of the sum you received from Messrs. Glyn and Co.? A. Yes; it is in this book—I carried the book with roe to Messrs. Glyn—the amount was cast preparatory to my receiving the sum—I made the entries from the vouchers themselves, the checks, or bills, or whatever they might be—I enter them in the book first, then cast them up, and receive the total from the different banking-houses that have dealings with us.
WILLIAM STEELE . I am a clerk to Messrs. Glyn and Co., bankers, of Lombard-street. On 26th Feb. I received from Mr. Hobson a number of checks on Messrs. Glyn, for the purpose of being cashed—checks coming in a body are termed "a charge"(referring to a book)—the gross amount of the charge that Mr. Hobson brought in was 4,269l. 16s. 10d.—it consisted of checks on Messrs. Glyn by their customers; there might be some bills—the Globe Insurance Company have, for some years, had a drawing banker's account with Messrs. Glyn—they have a special form of check engraved for themselves—this is one of their forms of check(produced)—there was a check for 1,400l. of the Globe Insurance Company in the charge—they have three descriptions of forms, one for the general account, one for the annuity account, and one for the dividends.
MR. COCKBURN. Q. Have you any distinct recollection of that check, or are you speaking from some inference which you draw from other things? A. No, I speak in this way, that I never pay any form of the Globe Insurance Company unless drawn on their own checks—I do not recollect which of the three forms it was; I know it was one of them—I know it was a check of the Globe Company by the various entries in our books—not from an entry of my own.
MR. BOVILL. Q. When the checks were presented to you by Mr. Hobson, did you give him the cash for the whole of the charge? A. I did—after I had paid the charge I passed the vouchers to Mr. Santry, a clerk, sitting behind my desk, and he made an entry of the various sums included in the charge—that was the ordinary course of business—there was only one check for 1,400l. in that charge.
Cross-examined by MR. COCKBURN. Q. I do not understand you to have made any entries at all? A. No; all I do with regard to the amounts is, to list them on the back of one of the drafts, and then I make a total of the amount I have paid the clerk—I ascertain that the charge, as produced by Mr. Hobson, is correct, and then I give him a check for the amount, and hand the vouchers over to Mr. Santry—I have no recollection of a 1,400l. check, except from looking in the book, and from what Mr. Santry told me—I have no particular recollection of that identical check.
JAMES SANTRY . In Feb. I was a clerk to Messrs. Glyn—it was my duty to take from Mr. Steel the checks and bills of the London and Westminster charge, and enter the items of it—in my "paid cash-book," on 26th Feb., I find entered 1,400l., to the debt of the Globe Insurance Company—I cannot positively say whether it was a check, but to the best of my belief it was—it is impossible to say, it is so long ago—I have not the slightest doubt it was a check—why I say so is, because bills are always presented in the morning—this was an afternoon charge; and I take it for granted this was a check, having come late in the afternoon—occasionally one or two checks might come in the morning—this book is in my own hand-writing—looking at this entry, it brings to my recollection the fact that I received this 1,400l.—I swear, to the best of my belief, that it was a Globe check—I cannot say positively whether it was a check or bill—after entering the items of the charge a folio is placed of the page in which the draft is entered, it is
then placed on a file directly before me on my desk for the ledger-keeper, Mr. Reynolds, to post—that course was pursued on this occasion—I do so on all occasions.
Cross-examined by MR. COCKBURN. Q. Will you undertake to swear that you have a distant recollection, independent of the book, of that check for 1400l. being before you, and passing through your hands? A. Well, I have, as far as my recollection will carry me, I believe it to be a check; further than that I should decidedly say not—my recollection of the circumstance is drawn from the books—I cannot say that I recollect, except that the check was in my hand that day; but I can swear, to the best of my belief, that it was a Globe check for 1,400l.; more than that I will not say—I derive my belief from these entries—judging from them I have not the slightest doubt of the fact; but I have not a recollection of the fact.
MR. ATTORNEY-GENERAL. Q. Did you put the whole charge, whatever it was, as you entered it, on the file for Mr. Reynolds? A. Yes.
HENRY BION REYNOLDS . I am ledger-keeper at Messrs. Glyn's, and have been so many years. I produce the ledger for the present year—it is part of my duty, at intervals throughout the day, to take the checks on Glyn and Co. which have been paid at the counter, and to enter them in the ledger to the debit of the customers by whom they have been drawn—on 26th Feb. I find an entry of a check for 1,400l., but my ledger does not show it was from the London and Westminster Bank—I find, in my own handwriting, the entry of a check of the Globe Insurance Company on that day—there are two or three on that day; one is for 1,400l.—that entry is in my writing—it brings to my memory the fact of a check for 1,400l. on Glyn and Co. by the Globe Insurance Company coming through my hands—I make the entries from the documents themselves—if it is a check, I have one way of entering it; and if a bill, I have another way of entering it—if it is a check, it is the custom to insert the name of the payer, and if it is a bill I put the name of the drawer—I never make an entry in this book except from the voucher itself—I do not recollect the particular document—independent of the entry in the book I have no distinct recollection of the circumstance—refreshing my memory from the entry, and from my practice, I am able to say that a check of that amount, drawn by the Globe Insurance Company on Messrs. Glyn's account, has passed through my hands—I entered that check in the ledger on the same day, to the debit of the Globe Insurance Company—there are three forms of checks used by the Globe Insurance Company—these are the three forms (looking at some)—the one with the figure of the globe at the top is for general purposes, including fire and life losses; the one printed in black, without the globe, is for annuities; and the red check is for dividends—I never entered a check of the Globe Insurance Company in any other form but these three—there was a custom with the Globe Company and our house to have their pass-book made up on the Tuesday evening—they left it with us on the Tuesday, and fetched it away again on the Wednesday—the checks that had been paid in the course of the week were put in the pocket of the pass-book and sent to the customer—the pass-book was written up by one of the clerks in the evening, and checked by me on the following morning—it was checked against the ledger, the entries in which are in my own handwriting—another clerk called over each item to me from the pass-book, and I checked them by the ledger—I put a dot to the items as the clerk called them out—I find a dot to the check for 1,400l.—the entry immediately preceding that is "annuity 302l.," and the amount is 16l. 15s.—this is the pass-book of the Globe Company (looking at it).
MR. COCKBURN. Q. Whose handwriting is that in? A. It is made up by various clerks, sometimes one, and sometimes another—the 16l. 15s. I believe is in the writing of Mr. Charles Clark, not in mine.
MR. CLARKSON. Q. Do you find an entry in the pass-book of that sum of 16l. 15s.? A. I do, on annuity 302l.—in the next line to that there is an erasure—there has been an entry there, it is an erasure as well on the column where the figures would be as on the item, the whole line—there does not now appear to be any entry in the pass-book of 1,400l. on 26th Feb.—in the due and regular order of business the 1,400l. check of the Globe Insurance Company in the pass-book would follow the item of 16l. 15s.—refreshing my recollection by the ledger, and by the fact of finding my dot against the 1,400l., I have not the slightest doubt of that 1,400l. check having been called to me on the Wednesday when I made that dot.
Cross-examined by MR. COCKBURN. Q. You say you have no doubt of the fact, have you any recollection of it? A. None whatever—we make the same distinction in the pass-book between checks and bills that we do in the ledger—the checks are entered by the name of the payee, and bills by the drawer's name—we have precisely the same entries in the pass-book that we have in the ledger; the one ought to be a transcript of the other—it is not necessarily in the same order; the vouchers might get missorted.
COURT. Q. If there was any variance between the pass-book and the ledger, when the pass-book was called over, should you have noticed it and attended to it? A. Certainly; it would have been seen to at the moment—we never allow the pass-book to leave the house unless we see that it agrees with the ledger.
HENRY PROBYN . I am one of the messengers of the Globe, and have been so for some years—I have taken the pass-book to Messrs. Glyn's on the Tuesday—I generally fetched it on the Wednesday—the prisoner was a clerk in the Globe Insurance Office—his office was on the third-floor, in the accountant's-office—I used to fetch the pass-book and give it to the prisoner—on my return from Glyn's I generally found the prisoner in the hall, or in the bottom office—I always delivered him the pass-book during the time he has had to do with it—I do not know how long that is; it is some years—I have delivered it to him in the month of February.
Cross-examined by MR. COCKBURN. Q. Did you always deliver it to him, or sometimes to some other clerk if he did not happen to be there?A. Always to the prisoner while he had to do with it—he was the proper person I was to deliver it to—if anybody else had told me to go for it, I should have delivered it to that person—the course of business was, that I should fetch the pass-book and deliver it to the prisoner—those were my instructions—I used generally to fetch it about eleven o'clock in the morning, as near as possible—business begins at our office at ten—there is a large room on the ground-floor for public business, a chief office—all the clerks have access to that—most of them are backwards and forwards there in the course of the day—the board-room and waiting-rooms are on the floor above; and above that, on the third-floor, is the country-office, where the agency business is transacted, and the accountants'-office is by the side of it.
WILLIAM TITE, ESQ . I am deputy-chairman of the Globe Insurance Company. Mr. George Carr Glyn is the treasurer, and was so in Feb. last—Mr. Edward Goldsmid, the director, is the chairman—there are other directors, and were so in Feb.—I am a director, and also a trustee, with others, and was so in Feb.—the prisoner was a clerk to the Company—he was appointed by the directors—it is the practice to nominate by an individual
director, he was appointed by the directors—the directors manage the business of the Company at the office—they employ clerks and servants for that purpose—the clerks act under their direction in the management of the business—the prisoner was an assistant clerk in the accountant's-office, one of his principal duties was the checking of the payments at the bankers' with the bankers' pass-books, and once every week, on the Wednesday morning, to bring down the state of the balances of cash at the bankers' to the secretary, in order that I and the secretary might see the state of the funds of the Company, and provide accordingly—that duty was imposed upon him by the direction and orders of the directors—the Company have in use three classes of checks—those checks are provided by the directors—after the pass-book has been returned to the prisoner, in the course of his duty, it contains in the pocket the checks which have been paid—it is the prisoner's duty first to verify those checks by the pass-book, then preserve them, and tie them up in bundles in the regular order of payment, so that they might remain as regular vouchers if called for—they are kept at vouchers, both for the directors and the bank, as we keep all such documents.
Q. 1 believe it was brought to your knowledge in the early part of the year, that the prisoner was connected with some theatrical establishment? A. It was, at the end of 1848 or the early part of 1849 the chairman received an anonymous letter—I remonstrated with him upon the inconsistency of that profession with his office—it was the Olympic—on Monday afternoon, 4th March, a communication was made to me by the secretary with reference to the pass-book and other matters—upon that an investigation was set on foot, principally next day, late in the day—I searched among the vouchers for the 1,400l. check—it was not forthcoming—I then thought it right to seal up all the prisoner's papers—he came in while I was doing so—I told him to go down to my private room—I then sent for his father from the cashier's-office, and, in the presence of both, I stated that great irregularities had been discovered in the cash transactions of the office, and that before I took any step with respect to it I thought it right to call them before me, because they must, I thought, both be involved in it—the prisoner asked me what I accused him of—I told him I made no accusation, that his own conscience would tell him more about it than I could possibly know at that time (I had not then made a full investigation of the matter), but considerable sums of money must have been abstracted from the funds of the Company—the father vehemently protested his innocence, and declared that every shilling that had passed through his hands (and all the receipts did pass through his hands) had been duly and punctually paid at the bankers'; and that is true—I then turned to the prisoner, and asked whether he could say the same thing—he said he declined to say anything—I then said that I would leave them together for ten minutes by themselves in my room, and I would join them again—I left them, but returned, having left a paper in the room, and I found they had both quitted the room—I afterwards met the prisoner coming down the stairs—he said that I had disgraced him in the office by sealing up his papers, and that he called upon me to seal up all the papers and books of the office—I told him I should exercise my own discretion about that—he then said that he was a proprietor as well as myself, that he had done nothing he need be ashamed of, and that he should not stay there—I simply told him not to bluster, that he had taken a very bad estimate of my character if he fancied that sort of talk would succeed with me—he thereupon left me, and did not return—I afterwards received a formal letter of resignation from him—this is it (produced)—the prisoner was a
clerk at a salary of so much a year, precisely on the same footing as the other clerks and servants in the establishment; his salary increased yearly as the other clerks, according to age—(the letter from the prisoner to Mr. Tite was here read, as follows: "6th March, 1850. Sir, after the accusation brought against me yesterday, I have no alternative but to immediately tender my resignation, with thanks for the kindness I have received during the years I have been connected with the Company—should I be required, I shall be at the Olympic Theatre throughout the day; or should I leave, will name the hour of my return.")
Cross-examined by MR. COCKBURN. Q. How long has he been in your employment? A. I think from 1832, I am not quite sure; more than ten years—he was always in the accountant's-office—he was paid by the Company, and was the Company's clerk—it was after I met him on the stairs that he spoke to me about sealing up his papers, and asked me to seal up other papers; I think he said the papers in the secretary's-office—I think there was some sort of specification, but not in his office—he said, "All the papers"—I understood him to mean all the books and papers in the cashier's, secretary's, and accountant's department—of course, the Fire and Country-office he could not mean—he did not ask me whether I had sealed up any other papers—he told me he was a proprietor—he is a shareholder, the holder of two shares—I presume he has received dividends on those shares.
Q. What is the course of business when checks are drawn; I understand checks are drawn by three directors? A. The checks are drawn at a committee, called the Treasury Committee—the order is that they shall be signed by the chairman or deputy-chairman, and by two directors, and countersigned by the cashier or secretary—it is the province of the Treasury Committee to sign checks—of that committee, the chairman and deputy-chairman are, ex-officio, members—it is not necessary to have the signature of the chairman or deputy-chairman to the other warrants, but to the ordinary business it is—previous to a check of this kind being signed, it is called over, and passed at the Treasury Committee, claims and vouchers having passed previous committees—an entry is made of it—the committee-book is the primary record of it—that would contain an entry of the particulars, to whom payable, on what account, and the amount—it is entered in many other books afterwards, but no check would be drawn without that authority—it is entered when it is handed over to the party who comes for it—the checks generally received my signature, I think, with very few exceptions—it is the secretary's habit, after it has been read to the committee, and approved, to call them over to me, individually; or, if I am not there, which is very rarely, to the chairman; and my signature was, in point of fact, the voucher that the check drawn on the blank check was consistent with the minute of the Treasury Committee—I mean to say checks come up unsigned, and my signature, or the signature of the chairman, is the voucher that it is correct in amount and date—all that would take place before the other directors signed—when the other directors have signed, they are placed in the hands of the clerk; and as he pays them, or delivers them out to the party who calls to claim them, it is recorded in another book of the Company—we have a counterfoil to our check-books—the counterfoil is in fact a copy of the check—the clerk I give the check to is a clerk in the cashier's-office, down-stairs—a minute is made in the cashier's-office before the clerk delivers it to the person in whose favour it is drawn, and then it is handed over at the counter to the person who comes for it—our books would furnish us with a complete record of all checks which are signed by the chairman, or deputy-chairman, and the directors, in the course of their
business—we have all our books—I understand that the prisoner surrendered himself to the officer.
MR. ATTORNEY-GENERAL. Q. Is that the blank-check book? (produced) A. Yes; this is the check-book which was in use, and is in use still—it is the check-book for general purposes, losses and life-losses—it is the one with the globe on it—the prisoner had not access to that check-book—it was kept in the cashier's-office—it was mainly kept in an inner department of the cashier's-office, on the ground-floor—it was brought up to the board-room, but I never knew that it ever went higher, and I do not think it ever did—the prisoner, according to the course of business, had not access to this book—the checks are filled up by a particular clerk, Mr. Meedy—the prisoner's father was the cashier—it was his duty to take care of the check when ready for delivery, to lock it up, and to countersign it—it was not his duty to keep the blank book; a gentleman named Biggs, in the same office, kept that; he sits in the inner department—I find evidences of some leaves having been abstracted from this book; I cannot tell how many, several—two or three pages evidently—I know that the door of the place where it was kept has been open—I never saw the prisoner in that office, but it was his duty to go into that office on his arrival in the morning, to enter his name, and the time at which he came there, in the time-book—he had no other duty there—I have examined the time-book, and I find he did go there—he has signed his name on his arrival.
MR. COCKBURN? Q. I understand you that the book was in the proper custody of another clerk, Mr. Biggs? A. Yes; the office was common to other clerks—the time-book was on a table in the outer office—this book was kept in the inner office—at that time in the morning it would be in a strong room, where the prisoner certainly could not get at it in the ordinary course of business—if he had been found in that room at that time in the morning, it would have excited observation—there are seven or eight clerks, whose business calls them into the outer office—they have also access to the inner office—it is an enclosure, a kind of high partition, which shuts off this particular department of the lower office, and Mr. Biggs' seat—the other books I have spoken of, in which the record of every check drawn is kept, was in the custody of Mr. Watts, senior—they are seen once a month by the directors—we have those books, not in their original condition; they have been altered, not by us—there have been scratchings in that book as well as in the bankers' book—there are no leaves torn out of the cash-book.
GEORGE WILLIAM ELLIS . I am a clerk, in the house of Messrs. Fresh-field's: they are solicitors for the Globe Insurance Company. I produce a duplicate of a notice which I served on the prisoner in Newgate on 7th May, and also on a clerk of Mr. Wontner's, the prisoner's attorney, on the same day—(This being read, was a notice to produce the check for 1,400l., and four others, also the prisoner's pass-book, and all other documents relating to the matter in question.)
JAMES ASHTON . I am ledger-clerk, in the London and Westminster Bank; the prisoner kept an account there; the ledger contains his account (referring to it.) On 26th Feb. last, he had credit for 1,400l.—this is in my handwriting—it does not appear what it was, only cash—on 1st Jan. there is a credit of 2,000l., and on 3rd Jan. 100l.—the balance now is 20l. 11s. 9d.—the 1,400l. has been drawn out.—The ATTORNEY-GENERAL put in the Company's Act, 47 Geo, 3 cap. 30.
MR. COCKBURN, (with MR. BODKIN and MR. BRAMWELL, ) submitted to the COURT that the indictment must fail, on the ground of the prisoner being a
partner in the Company, that the active part taken by the Directors in the management of the affairs of the Company, was mere matter of convenient arrangement, and did not divest the general body of shareholders, of whom the prisoner was one, of their joint right in all the property of the Company,—see Rex v. Bramley, Russell, and Ryan, 478; Rex. v. Willis, Moody's Crown cases, 375; and Reg. v. Waite, Cox crim. cases, 435. MR. JUSTICE CRESSWELL was of opinion that the objection could not be supported, the manner in which the business of the Company was conducted showed that the partners called Directors were, by the consent of their co-partners, in possession of the property of the co-partnership, and that if the evidence established the fact that the prisoner abstracted any of that property, animo furandi, the offence of larceny was made out. In this opinion MR. BARON ALDERSON concurred. MR. JUSTICE CRESSWELL (after requesting the ATTORNEY-GENERAL to state upon what facts he relied in support of the indictment), expressed an opinion that there was no evidence to sustain either the charge of stealing a valuable security, or a piece of paper; but in order that the Court of Criminal Appeal might be consulted on this subject (as well as on the objection raised by the prisoner's counsel), he directed the Jury, if they thought that after the check had been returned from the bankers, the prisoner abstracted it in order to deprive the Directors of it, they should find him guilty.
The Jury found the prisoner GUILTY of stealing the piece of paper after it had left the bankers, and whilst he was clerk to the Company.
Aged 33.— JUDGMENT RESERVED .
Before Mr. Alderson and the First Jury.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WILLIAM PECKHAM . I am a letter-carrier in the General Post-office; mine is the Leadenhall-street district; a man named Cale is under me; my district begins at Messrs. Maine and Reed's, 158, Leadenhall-street. On Monday morning, 8th April, about half-past five o'clock, I received the letters at the Post-office, and divided them between myself and Cale—it was the practice for him to deliver on one side of the street, and I on the other—I put my letters in a blue bag, and we went together to Leadenhall-street—there was some veal and pork in the bag, with mustard on it, for my dinner—Cale carried the bag—at a few minutes before nine, I met a friend in Leadenhall-street; while I was talking to him, Cale went on a little in advance of me, and I saw him place my bag at the door of Maine, Reed, and Co.'s—he then crossed over to his own side of the way, and nodded to me to show me where he had put it—I went towards it, and met three or four people, which caused me to go a little out of my way, and obstructed the view of it, and when I got to the place, it was gone—I looked about, and gave an alarm—there were about 300 letters in it, besides a great many newspapers—if a letter was posted at Braintree directed to Simpkin and Buck, it would come into my delivery.
Prisoner. Q. Have not you said that three men rescued the bag from you? A. No.
JOHN CALE . I am assistant in the delivery of letters in Leadenhall-street. On 8th April I left the Post-office with Peckham—I had his bag and my own—he met an acquaintance at the corner of Leadenhall-street, and stopped to speak to him—I put his bag at Maine and Reed's doorway, the first house in his delivery, I saw him looking at me, and I pointed to the bag and nodded
—he nodded, as much as to say "all right," and I went on my delivery—this was about nine o'clock—I was delivering my letters at the sixth house, and he came and told me something.
GODFREY FOSBURY , (City-police inspector.) On Wednesday, 10th April, I was on duty in Bishopsgate-street, a little after six o'clock, and saw the prisoner a few yards from the station—he came up, and said he wished I would take him into custody, and he would give me information of a very extensive robbery—I was going into Mr. Fitch's shop, and said, "Very well, wait a little"—I saw him move away, and came out—he walked towards the station—I followed, and found him at the station door talking to a constable named Lott—we went in—I said, "Well what have you got to say to me?"—he said he was the person that stole the postman's letter-bag—I had heard of it, and asked him when; he said, "On Monday, about ten minutes past nine in the morning," that he was crossing over from Gracechurch-street, and saw an old blue bag on the sill of the door at the corner of Leadenhall-street; that he walked two or three times backwards and forwards, and seeing no person near, and thinking it contained old boots and shoes, he put it under his arm, and went along Bishopsgate,Threadneedle-street, and Broad-street, to the back of the Bank into Moorgate-street, along Finsbury-circus; and there, having a piece of an old black bag, he threw it over it to cover it, and went along Long-alley into a court to a privy, and examined the contents of the bag; that he opened several letters which contained half notes, and one of them had twenty-two postage-stamps in it; that there was some meat in a saucer wrapped up in a napkin with some mustard on it; that he ate it, and it was the best thing be found, and he was glad to get it, for he was hungry; he then became very much frightened, and covered the bag over with the old cloth, and walked about London all day, and in the City-road he picked up a stone, put it into the bag, and went to London-bridge about dusk, and threw it over into the river; that he then saw a very respectable person, who he asked if he would take a person in custody for a robbery, who there was a reward for, but the person would not; but afterwards he said he dare say there would be a reward; that he went to Tyson-street, Hackney, and slept there that night—I asked him what he had got about him, and he handed me this half of a 10l. note (produced)—he was searched in my presence, and 2d. found on him—I afterwards took him to London-bridge, and he pointed out the place where he had thrown the bag over—he took me to Long-alley—he said he did not know how he got the half note, he supposed it was in one of the letters.
JOHN SHUTTLE WORTH , I am a grocer, and live at Weatherfield, near Braintree. On 4th April I sent a letter to Simpkin and Buck, of Leadenhall-street, by post, and enclosed half of a 10l. Bank of England note—I received an acknowledgment of it in due course; and on Sunday, 7th April, I enclosed the other part—I sealed it myself, and posted it at Weatherfield about one o'clock—it would go by the evening post to London—this is the first, and this other the second half of the note I posted—they make one note, and the numbers correspond.
JOHN SMITH BUCK . I live in Leadenhall-street, on the same side as Maine and Reed, the left. On 5th April, I received this half note—I wrote to Mr. Shuttleworth, but never received the second half—these are the two halves of the note—this one which I received first, has my writing on it.
Prisoner's Defence. I heard of the robbery, and being destitute and forlorn, I gave myself up, and said I had done it; I picked up the half note in Houndsditch on Wednesday afternoon; I did not have the meat; I made up the story on purpose to get shelter. GUILTY . Aged 50.— Confined Six Months
Before Mr. Justice Cresswell.
MR. WOOLLETT conducted the Prosecution.
MARY ANN LYNCH . I am an unfortunate girl, and live at 7, Sun-street, Old-street-road; the prisoner is my sister. On 30th April, between one and two o'clock in the morning, a young woman brought a man to my place, and because they could not agree my sister took up the poker and struck the man several times with it—I tried to get it from her, and she threw it down—I told her I would not have a man murdered in my place—she said that I deserved the blow instead of him, and with that she struck me with the poker across the nose, with all her force, and cut it right through; I was obliged to go outside, or she would have murdered me—it caused me two black eyes—a doctor was sent for at the station.
Prisoner. Q. Did not you ill use and rob the man? A. No; she lived with me—this is not the first time she has ill used me, but I have always forgiven her till this.
WILLIAM ALSWORTH (policeman, N 71). I heard the cry of "Police!" at three o'clock in the morning, and saw the prosecutrix bleeding from the wound in her nose—I took her into the house, and asked the prisoner if she had struck the blow—she said, yes, and a b—y good job if she had knocked her head off—I took her into custody—she said she had done it with the poker—I produce two pokers which I found there—there was another female in the room.
HUGH HUGHES . I am assistant to Mr. Coward, a surgeon at Hoxton. I was called to the prosecutrix—she had a severe incised wound on the nose—I sewed it up—she had lost a great deal of blood—a poker would be a likely instrument to produce it.
Prisoner's Defence. It was done in the scuffle, in ray endeavouring the get the poker from my sister; she had got it ill using a man; I have got a witness, Ann Wilson, but she will not come forward.
ANN WILSON . I do not know anything about it—I was at Mary Ann Lynch's this morning, but I was so tipsy I do not know what happened—I do not think the others were drunk—I never said that I had seen the prosecutrix strike the prisoner several times, to my knowledge.
GUILTY of an Assault. — Confined Six Months
NEW COURT.—Friday, May 10th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. RECORDER; and Mr. Ald. CARDEN.
Before Mr. Recorder and a Jury composed of half Foreigners.
MR. PARRY conducted the Prosecution.
MATTHEW HENRY STRUTT . I am a purser, of the Royal Mail Steam-Packet Company. I was on board the Avon on the last voyage to the Gulf of Mexico—we left Southampton on 2nd Feb.—before we left, I had changed two separate checks—I have one of them; the banker's clerk has the other—one of them was for 36l. 16s. 3d.—for that, I got a 30l. bank-note,
and I had a 50l. note, that I received for a check—the prisoner came on board the steamer as a passenger on 19th March, at Vera Cruz—I had a cabin to myself in the vessel, and in that cabin a writing case, in which I had the 50l. note, the 30l. note, and about 1lb. 2ozs. of gold-dust—I cannot tell the weight without referring to a paper, which is not here—I remember on weighing it, and referring to the account, that it was 4 ozs. 5 dwts. deficient—I had weighed it two or three times before I discovered any deficiency—it was in my cabin—about five days before we arrived at Southampton I left my keys in the cabin-door when I went to wash my hands; when I returned they were gone—when I came out of the cabin to go to dinner, I saw the prisoner; I asked him if he had taken my keys—I thought he might have taken them in a joke—he said he had not—we dined at four o'clock, and I was invited by the prisoner, and another passenger, and the surgeon, to take some mulled claret—I joined them for that purpose, about half-past nine—the prisoner complained of being sick or unwell—he requested to leave the cabin about ten—he was absent about half an hour—we broke up about eleven, and I retired to my cabin—I then found my keys on the deck, near the door of the cabin—I had searched the cabin before, and looked on the floor for the keys, and could not find them—I did not go to my writing-case, as I thought I might have laid the keys on the table, and they had fallen down—I did not take further notice—nothing else passed about the keys while on board—we arrived at Southampton on 21st April, and the prisoner left that day—I had had some conversation with him about the property—he required some sticking-plaster on one occasion, and I opened my case; he saw the notes there; and requested me to let him see a Bank of England note—I showed him the 50l. note, and told him it was a note for 50l. on the Bank of England—he might have seen the other note also—we had talked about gold-dust, but never about my gold-dust—on 22nd April I took my writing-case to my lodging, and opened it to get some money, and I missed my 30l. and 50l. notes—I did not weigh my gold-dust again; it was weighed in the bullion-office at the Bank of England; I was not present—I came to town on Friday, 26th, and next morning went to the party from whom I received the check, and requested him to give me the number of the 50l. note—I went to the Bank and found that the 30l. note had been paid—I gave information to the police.
Cross-examined by MR. BALLANTINE. Q. When did the prisoner leave? A. On Sunday, 21st April, about ten o'clock in the morning—I found out my loss on the 22nd, about five in the afternoon—I did not inform the police, or any parties at Southampton—when the prisoner was taken ill, the surgeon and he were together, and another passenger, Mr. Pullan—he is not here—the surgeon is not in London; I cannot say where he is now—Laprine was not there—he left at Mobile, in the United States—the chief-officer heard me mention that I had lost my keys; and my servant, the surgeon, and the engineer; I spoke to every one about it—we shall leave again, on 17th May, for Vera Cruz, which is the principal seaport town in Mexico—the prisoner did not come exactly as a first-class passenger—he paid 50l., the price of the forepart of the ship—the aft cabin is 60l.—he paid the 50l. to me, in my cabin, in doubloons—he had other doubloons—he asked me to take care of some for him—I should think the whole money he might have, including what he paid for his passage, was 120l. in English—a doubloon is 3l. 4s.—I took care of what he gave me, and gave him a memorandum of the amount—he wanted me to take charge of it without, but I would not, I did not like to take it without—it was seventeen doubloons—I thought it was more; I thought it was twenty doubloons; but on referring, I find it was seventeen—he had
come on board with scarcely any clothes, and at Mobile he wanted to buy some, and I gave him five or six of the doubloons, and he got the rest at the Havannah—he produced the paper which I gave him, and I gave him the balance—I have not that paper now; it was destroyed—he talked about having gold-dust, and I told him I did not believe he had any, because he could not show it—I said I should like to see what it was like—he said it was a fine specimen—gold-dust does vary in quality considerably, some is in dust, some in lump—there is always more or less alloy with it—there is sometimes silver in it—I have seen him with a machine for lighting cigars—I have it—I have not it here—it is merely a steel, mounted in gold—I had a gold thing to hold cotton, and we exchanged—he proposed to toss for it—I said I would play at ecarte, and whoever was the loser should pay a doubloon—I lost, and paid the doubloon—he said he would not play at ecarte, and we tossed—I have played with him at ecarte—I think he won from me as much as I won from him—we paid each other—we struck a balance after leaving Bermuda, to the best of my belief—the balance was not in writing—he owed me ten dollars, which I had lent him to go on shore at Bermuda, I had to pay the doubloon for these little things, and there was six dollars beside, which left a balance of a few shillings, which I handed over—no one saw me hand him the doubloons at the Havannahs or at Mobile, that I am aware of—on board ship we sometimes play at whist, and sometimes at ecarte—the after-deck and fore-deck passengers all meet in one saloon in the evening—I have only played with him in the evening—the Clyde steamer came into Bermuda at the same time we did—Mr. O'Meary was the purser of it—he applied to me about some doubloons—I said, "I cannot give you any, I have none; here is a passenger here has got some; I dare say he would be glad to get English money for them"—the prisoner came into the cabin; and I asked him if he would change his doubloons, and he would not—I said, if he sold them at a shop in England, be would get but 3l. 3s. 6d. for them; and if he wanted English money, it would be an advantage to change them there; but he would not—I have got a gold rosary: it did belong to Mahomed Benani—I bought it for 8s.—the prisoner gave it to him for some attar of roses—Benani said it was not worth so much as the attar of roses; and I said, "To save any dispute, I will buy it of you"—I believe I gave 8s. or 10s. for it—I will swear I gave more than 5s. for it—I think it was 8s.
MR. PARRY. Q. As regards these little exchanges, I suppose nothing is more common on board? A. No; the bargain between the prisoner and Mahomed Benani caused a great deal of dispute, and I said I would buy it—it is Mexican manufacture—I have it at home.
COURT. Q. Did you demand 10l. of the prisoner when you arrived at Southampton? A. He paid 50l., with the understanding that he should have a fore-cabin; but, instead of that, he would not move out of the after-cabin—I said he ought to pay the 10l., or the Company would make me pay it—he said he had got no money with him, but he would leave it anywhere in London for me—if he had done so, that would have been for my employers.
ALFRED HARVEST COULSON . I am cashier to Jones Loyd, and Co. I have a check for 76l. 1s. 1d.—I cashed it on 24th Jan.—I gave a 50l. note, No. 17449, dated 6th Dec., 1849.; a 20l. note, and the balance.
MR. STRUTT re-examined. I got cash for these two checks.
Bank of England. I produce this 50l.-note, No. 17449, dated 6th Dec., 1849; and this 30l.-note, No. 51812, dated, 8th Aug., 1849—they have been paid into the Bank.
HENRY CHRISTIE . I am in the employ of Mr. Carter, of Cornhill. The prisoner came to our shop on 22nd April—he bought a gold Geneva watch, with a chain and key attached; a gold ring, and a gold breast-pin—they came to 19l. 1s.—he offered me a 50l. note—I asked him if he had any smaller notes—he said, no, but he could pay me with some gold-dust—I took the note to the bank; this is it, I put my employer's same on it—I gave the prisoner change, in 10l. and 5l.-notes.
BARNETT LEVY . I am in the employ of Moses and Son. The prisoner came, about the 22nd April, and purchased clothes to the amount of 9l. 19s. 9d.—he did not pay me; he said he wanted more things, and he would pay for them together—I did not see any note—he paid one of the shop-walkers; he is not here—here are the initials of the man who took the note, on the bill
CHARLES HELTON HINGISTON . I am clerk to Brown and Wingrove, gold-refiners, 30, Wood-street, Cheapside. On 30th April the prisoner came to our house—he had 4oz. 17dwts. of gold-dust which he wished to sell—he said he brought it from California—we melted it, and he came and had the money—he said he wanted it—it was not assayed—we melted it into an ingot: this is it—we gave him an account of it—we gave him 3l. 14s. 6d. an ounce for it—it was 17l. 13s. 10d.—this colour on it is the native alloy that is in it—it always discolours the surface.
JAMES BRENNAN . I am an inspector of police. I met the prisoner on 30th April, about ten o'clock in the evening, in Finsbury-square—I asked him if his name was Debrio—he said, "Yes"—I told him I belonged to the police, and I had received instructions to take him into custody, for robbing a gentleman, on his voyage from America to England, of a 50l.-note, a 30l.-note, and some gold-dust—he said he was a stranger, and ignorant of the laws of this country—he asked for my authority—I said I had none but a verbal authority from Mr. Strutt—he said, "I know nothing about it, and Mr. Strutt durst not come forward"—I took him, and found on him this watch and gold ring, and a piece of paper relating to the gold-dust in his pocket-book, with other papers—I found a trunk of his at the Bull Tavern, in Bishopsgate-street, with clothes in it—I inquired at 10, Moorgate-street, and was not able to find the prisoner, or any trace of him—(on the back of the 30l.-note was written, "Martinez Debrio, 10,Moorgate-street.")
GUILTY of stealing the Notes. Aged 22.— Confined Eighteen Months.
Before Mr. Recorder, and the Fifth Jury.
950. MARIA SMITH , burglariously breaking and entering the dwelling-house of John Mackall Reeves (since deceased), and stealing 1 vietorine, and other articles, value 2l. 6s. 6d.; his goods.—2nd COUNT, feloniously receiving the same.
MARY ANN REEVES . I am the widow of John Mackall Reeves; he lived at 48, Phoenix-street, in the parish of Christ Church, Spitalfields. On 4th April I retired to bed at ten o'clock at night—the house was then fastened—I got up in the morning at half-past five—I received information, and went to the back of the house—the washhouse window had been taken out—they could not get in by the washhouse—they opened the door, went into the yard again, and broke in by the back-room window—they broke six squares of glass—I found the things strewed about the room, and I missed this victorine, the shirt, and other articles—they were the property of my late husband, John Mackall Reeves; he laid bad in bed at the time.
THOMAS COUCHAR (policeman, H 186). On the morning of 6th April I was on duty in George-street, Spitalfields—I saw the prisoner about twenty minutes before six o'clock—is better than a quarter of a mile from the pro-secutrix's house—she went into 2, George-street—she had this bundle with her—I followed her in, and asked her what she had got in it—she said she did not know—I asked her where she got it—she said, from a person whom she did not know—I took it to the station—I found in it these articles: Mrs. Reeve claimed them—a considerable quantity has not been found.
Prisoner. I was going to work, and met a young man, whom I know by sight, but do not know his name; he asked me to take the bundle in-doors; I did not know what the things were; I was undressed; the officer made me dress myself. Witness. She had no shoes, stockings, or bonnet on—she seemed as if she had walked some distance; her feet were dirty.
GUILTY †on the second Count. Aged 19.— Transported or Seven Years.
MR. BIRNIE conducted the Prosecution.
SIMEON WARBERG . I am a tobacconist. On the afternoon of 6th April, I was in Swan-street, Whitechapel. it is narrow at the end nearest to Man-sell-street; it widens for about twenty yards; then it narrows, then it is wide in the middle, then it narrows again—the narrow part is just wide enough for one cart; the wide part for two—I saw two wagons in the broad part in a line, one behind the other—it was a wagon and a cart, I think—I did not know either of the drivers—I think the wagon had three horses—I saw a truck drawn by the prisoner meeting the wagon—the prisoner could have passed those wagons as they stood still—he did not make any attempt to pass them—he refused—he stood still—the driver of the back cart spoke very civilly to him—he said, "Why don't you move your truck on, there is plenty of room"—the prisoner, addressing both the men, for both of them came up, said, "I shall not move unless you back your wagon," speaking to the deceased—the deceased said, "There is no occasion for me to back, there is plenty of room," and asked him to bring his truck forward—the prisoner said, "I shall not move at all"—the driver of the back cart went and said, "You are a silly boy; there is plenty of room to pass; if you won't move the truck, will you let me move it?"—the prisoner said, "No, you shall not put a hand on my truck; I shall not go on the pavement, the commissioners of police will not lot me"—the driver of the back cart then said, "If you won't move your truck, I will," and he and the deceased both laid their hands on it—the prisoner struck the man who had the hinder cart, and then the
deceased, who had his whip in his hand, and his other hand on the truck—he could not help himself, the blow knocked him down under the wagon, and the horses, by some misadventure, moved at the time—his body he managed to get away, but left his left foot under the wheel—he got up and limped away on one foot only, and sat down at a door—a gentleman helped him into his cart, and took him to the station—the prisoner was given in charge—I saw the deceased next day at the London Hospital—I afterwards saw his body on the 18th—it was the body of Thomas Copperthwaite—I am sure that neither of the carmen struck the prisoner first—there was room for the truck to have passed on the carriage way, and eight inches to spare.
Cross-examined by MR. PARRY. Q. Is this the plan of the street? (handing a plan to the witness). A. No, it is not like it at all—I have not measured the street—the wagons were coming from Mansell-street—the entrance to Swan-street is wide—the street would not admit but one carriage, except at that opening—the deceased was driving a large covered wagon like an old East India wagon—his was the first wagon—he was at his horses' head—the part where his wagon was, is eighteen or nineteen feet wide—he did not go in the narrow part—the prisoner's truck was just at the junction of the wide and narrow part—the prisoner's truck was moved out of the way of the horses by the deceased and the other man—I do not believe it was placed on the pave-ment—the wagon was not driven up as far as it could go—the horses' heads were just in the narrow part, but the wagon was not—they used no expression of a more offensive nature than "silly boy"—I thought they behaved very discreetly for carmen—the men seized hold of the handle of the truck—one of the wheels of it was not on the pavement, it was close to the pavement—they did not lift it on the pavement—that street is very great nuisance—not a day passes but there are three or four fights in it—there was a row this morning, and one yesterday—I have never complained about the street—I have never been in a Court of Justice before—there was not the slightest necessity that the truck should go on the pavement.
TIMOTHY STRATFORD . I am a carman in the employ of Pickford and Co.—I was in Swan-street on 6th April—I drove one of my employers' carts—I was following Copperthwaite—I had known him nine years—my horses were close to the tail of his wagon—he had to stop, as one of the chains of his harness broke; I helped him to mend it—in the mean time the prisoner came down with his truck, and put the handle down, because he thought he could not get through—I could have brought it through—he had been cautioned at the other end of the street by the policeman, who threatened to take him to the green-yard if he took his truck on the pavement—I asked him to let me draw it through—he said he would not—several penons round said, "Let the carman take it," but he said he would not let it be touched—Copperthwaite and another man took hold of the truck, and the prisoner took hold of it—there was a struggle—the men carried it about four yards—they took it over the post, and put it on the footpath—Copperthwaite and the other man took hold of it, and were lifting it on the path—Copperthwaite was getting it round the other side of the post, and that was where the struggle was—they were getting it round on the pavement—the noise of the people and the truck made the horses move—I did not see it put down on the pavement—I did not see Copperthwaite and the prisoner scuffling together—I saw Copperthwaite lying in the road: how he came there I do not know—I ran to stop the horses, and snatched his head on one side, which was near the forewheel, and in struggling to get up, his foot got under the wheel—he did not do anything to the prisoner—the horses were standing still when the scuffle began.
Cross-examined. Q. Were there three horses to this wagon? A. No, two—the first horse was in the narrow part, and part of the second—the horse had come by the side of the truck—I could have drawn the truck through: it would have touched the chains only—Copperthwaite and the other man took hold of each wheel, and lifted it to get it over the post—they were on the pavement—Copperthwaite had his back toward the horses—I did not see the prisoner strike them, but he endeavoured to prevent them going on the pavement—there was a good deal of chaffing going on—the people said, "Well done, carman," and so on—it was the noise of the shouting that startled the horses—it was owing to the horses being startled that the wagon went on, and this happened—I do not know how Copperthwaite fell—it might have been the scrimmage with the truck—he was not on the ground when I ran to the horses—I did not hear the prisoner ask us to back; I will not say he did not—this is a very disagreable street—I have often had stoppages there.
GEORGE GEOFREY . I live in Swan-street. I did not see the whole of this—I saw them in the act of fighting—blows were exchanged—I saw the deceased fall—they were in a fighting position, and he was retiring back till he could get no further, as it appeared to me—the prisoner was advancing on him—he fell, and the wheel went over his foot—be tried to extricate himself, but could not—the prisoner did not render any assistance—when they were fighting the truck stood with one wheel on the pavement and one in the road—no one was doing anything to it.
Cross-examined. Q. I believe you said before, that there was not room for the prisoner to pass? A. In the narrow way there was not room for the two to pass unless he went on the pavement.
JOHN WYARD . I am house-surgeon at the London Hospital. Copperthwaite was brought to me on 6th April, with his left foot lacerated—I attended him constantly till he died—the cause of his death was the wound—erysipelas ensued—there was mortification of the foot—I made a post-mortem examination—there was no other cause of death.
Cross-examined. Q. Do you mean that the wound caused erysipelas? A. Yes; it commenced at the wound—there were typhus symptoms, which is one of the results of erysipelas—erysipelas is contagious—there was no erysipelas in the ward in which he was—there have been two cases since his death—I think contagion in other wards would not be likely to reach him—erysipelas appeared, I think, within four days—it began at the wound, and extended up the leg—an abscess was formed, and mortification ensued.
COURT to GEORGE GEOFREY. Q. Did you see the man fall? A. Yes; he fell on the ground, under the wagon—the wagon was in motion before he reached the ground. (The prisoner received a good character.)
GUILTY . Aged 24.— Confined One Month.
MR. PLATT conducted the Prosecution.
LEWIS BARNETT . I am a dealer in watches, and live in Mount-court, Houndsditch. On 15th April the prisoner came to my shop—he said he wanted to buy a watch—he looked at it a minute, and ran away with it—this is it—(produced)—it is worth 25s.—I went after him, and caught him about four doors off—I said, "Young fellow, you bare my watch"—he said, "No, I have got no watch"—I took him towards my shop—when he got near the shop, dropped the watch on the stones.
Cross-examined by MR. PAYNE. Q. Where did this occur? A. In Harrowalley—I live in Mount-court—my shop is in Harrow-alley—it is not a stall in Petticoat-lane, it is a shop—no one came into the shop but the prisoner—there was an Irish girl I think—there was no other customer—the woman belonging to the house was there—I did not, when I went out, lay hold of two persons, and say that I had lost a watch, and one of the two must have stolen it—I did not say that if the prisoner was not the person who stole it, he was a friend of the person who did—one policeman did not refuse to take charge of the prisoner—I sell jewellery and second-hand clothes—I do not know what a marine store-dealer is—I buy my watches in the coffee-house in Duke's-place—if a man robs his master, and takes a watch there, that is nothing to me—I cannot tell when I bought this watch—it may be two months ago—I cannot tell what I gave for it—I have a right to buy cheap if I can—I gave 23s. for it, and was going to sell it for 25s.
JOHN SOARS . I am one of the turnkeys of Giltspur-street. On 16th April, a little before one o'clock, the prisoner was brought there—I searched him, and found this other watch in one of his boots—it is silver—I asked him if this was the watch referred to in the warrant of commitment—he said, "No," they had got that, and this was his own.
Cross-examined. Q. Do not persons sometimes conceal things to prevent them being taken from them? A. Yes.
Cross-examined. Q. Have you seen this shop? A. Yes—there are brooches, watches, and pins there.
HENRY JONES , (policeman, G 138). I produce a certificate of the prisoner's conviction at Clerkenwell—(read—Convicted Feb., 1850, and confined six weeks)—he is the person, I am sure—I was at the trial.
Prisoner. It was not me, it was my cousin. Witness. It was the prisoner—I took him before the trial—I know him well—he was in Coldbath-fields prison.
MR. PLATT conducted the Prosecution.
JOHN SOARS . I am one of the turnkeys at Giltspur-street. On the 16th April I found this watch in the prisoner's boot—I asked if this was the watch referred to in the warrant of commitment, he said, "No; they have got that; this is my own property."
LEWIS BARNETT . This watch is mine—It was safe about three o'clock the same day that I lost the other—I missed it about half-past three, and gave notice at the station—I know the number of it—it is 1570—I have the book where it is entered—this is not my book—it is the person's book where I bought it—I know the watch itself—I do not put a mark on everything I buy—it is a mock jewel one.
Cross-examined by MR. PAYNE. Q. Where did you buy it? A. At Mr. Wingrove's in Bury-street, a steel pen-manufacturer—I have sometimes thirty, forty, or fifty—I do not know how many I had that day—I buy as well as sell—I buy of anybody I think proper—if a person brings me a watch, and I know he is a hawker, I would buy it—I would not buy one of you—I gave Mr. Wingrove a sovereign for this—I bought two of him, this and another—
the other I have by me now—I cannot tell how many I had on my stall that day; you must go and ask my wife—I think I had about twenty-four—I did not buy any that day—I missed this before the other was taken.
Prisoner's Defence. If I had time I could bring the person here that I had that watch from; he has been here every day this week; he must be ill, or something the matter. I was at home that day till half-past five in the evening, when I went down Petticoat-lane and was taken; this watch was found because I did not give it up at the station.
GUILTY . Aged 22.— Transported for Seven Tears.
THIRD COURT.—Friday, May 10th, 1850.
PRESENT.—Sir CHAPMAN MARSHALL, Knt, Ald.; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; Mr. Ald. SIDNEY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 15.— Confined Four Months.
GUILTY .— Confined Four Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Two Months.
GUILTY .— Confined Twelve Months.
(The prisoner received a good character.)
MARGARET GREATHEAD . I am a widow, and a publican of Westminster. On 27th April, about half-past six o'clock in the evening, I missed an oil painting and frame from the tap-room—I had seen it safe half an hour before—I saw it again at seven, when the policeman brought the prisoner—this is it—(produced).
Burke. Q. Was I at the bar? A. Yes; about half-past six—you had half a pint of beer, remained about ten minutes, and then went out at the door—Osborne was with you, and another man—Osborne asked me to show her the back yard—she came back in three or four minutes, and had something to drink—she then went out, and I missed the picture.
towards Broad-street—the prisoner and another man followed her, and they all went into a public-house at the corner of Broad-street—Burke came out with a picture under his arm—I followed him, and told a policeman.
Burke's Defence. A man gave me a picture outside.
CHARLES BATTERSLEY (police-inspector). I produce a certificate—(read— Catherine Milen, Convicted, March 18th, 1849, on her own confession, and confined eight months)—I was present—Osborne is the person.
BURKE— GUILTY . Aged 32.— Confined Four Months.
OSBORNE— GUILTY . Aged 37.— Transported for Seven Tears.
960. JAMES SIMPSON , stealing 1 pocket-book, value 1s.; the goods of Henry Webb; and 1 watch and chain, 5l.; the goods of John George Wingrove, in the dwelling-house of Henry Brett; having been before convicted: to which he pleaded
GUILTY . Aged 37.— Confined Twelve Months.
MR. O'BRIEN offered no evidence.
NOT GUILTY .
JOHN SMITH . I am a clerk, in the employ of Joseph Hornby Baxendale. He has four partners—they trade under the name of Pickford and Co.—the prisoner was in their employ—it was his duty to receive money at the Camden-station, and pay it over to me the day he received it, before leaving business.
Cross-examined by MR. BALLANTINE. Q. What position do you hold? A. I receive all money from the porters and clerks at the Camden station, and pay them over to Mr. Bayley, our head cashier—it was the prisoner's duty to receive money from any one who called for goods at the Peterborough shed—there were five or six employed—he had to pay to no one else but me—he has paid me money on several occasions on the same day that he received it—Mr. Baxendale hired him—he bad bad to pay me once a day—I do not give receipts for the amounts; I enter them at the time in the books which are here—a person named Parry was in the employment; I do not know what has become of him, or whether he stole any money, or was accused of it—I have heard something about his absconding, being charged with embezzling money—I never inquired into it—Parry has never paid me money on account of the prisoner—I cannot say whether he may have paid me money received by the prisoner, and entrusted to him to pay me—they did not both have to receive money at the same time—Parry was employed to receive money up to a certain date, and Stout's duty followed—I never received any money from Parry after the prisoner came there to receive it.
FREDERICK BAKER . I am a carman, in the employment of Mr. Wright, of the Rose, Smithfield—I know the prisoner. On 17th April I paid him 11s. 7d., and on 18th 2s. 7d., at the Camden station, on account of Baxendale and Co.—I never paid him any other money at any time.
NOT GUILTY .
—the prisoner made out my bill, and I paid him 11s. 7d. for Pickford and Co.—I went again on the 18th and paid him 2s. 7d.; I have his receipt for it here(produced)—John Parry was present when I paid him the 11s. 7d.—I laid the money on the desk between them—I put the 2s. 7d. into the prisoner's hand.
Cross-examined by MR. BALLANTINE. Q. Have you ever paid money to Parry when the prisoner was present? A. Yes, and taken Parry's receipt on several occasions.
COURT. Q. Have you ever paid money to Parry after you had paid any to Stout? A. I think not—I have only paid Stout these two sums.
JOHN SMITH . I am a clerk at the Camden station, in the employ of Joseph Hornby Baxendale, and others—the prisoner was also there, and it was his duty to receive money and pay it over to me the same day—he has never paid me 11s. 7d. or 2s. 7d. received from Mr. Wright, or accounted to me for either of those sums.
Cross-examined. Q. When did Parry leave? A. I do not remember—Stout came into the employment about six months ago—I do not remember the date—I cannot tell when I received the last sum from Parry.
DANIEL ROGERS BAYLEY . I am Messrs. Baxendale and Co.'s cashier, at the Camden station. On 20th April I asked the prisoner how it was these two sums were not paid in—he said Mr. Wright's man had not got the money with him, but no doubt it would be paid next time; and he gave me to understand that he paid once a week—on the following Thursday I was in the office, and my attention was called to the sums not having been paid—I ordered a letter to be written to Mr. Wright about it—the prisoner left that day at his usual time, and did not come back—he had given no notice of his going.
Cross-examined. Q. Were not the hands diminished? A. Not to my knowledge—his week finished the day he left—our men do not always give us notice—Parry was present when the conversation took place, and remarked, "No, they are not paid"—I do not know where he is now—means have been taken to take him into custody on a charge of embezzling some other accounts—Parry was at the head of the department, and would receive money if Stout was absent—if Stout received money and paid it over to Parry, it would not be sufficient—it was Parry's duty to make out the carmen's delivery-books—I was present when Mr. Baxendale hired Stout, but his duty was different then—I cannot say when he was first told his duty was to receive money—I did not bear him instructed—Mr. Baxendale is in the country, and it would be exceedingly inconvenient for him to come here.
THOMAS HENRY THOMPSON . I am an officer of the London and North Western Railway. In consequence of instructions I looked after the prisoner, and found him coming out of a house in Britannia-fields, Islington—I said, "Stout, I want you"—he said, "I know what you want me for; will you just let me get my hat?"—I did so, and we came away together—a person named Sexton was with him—he asked me if he got the money whether it would be all right—I said I did not know.
Cross-examined. Q. Were not the words "Suppose I get the money, will it be all right?" A. Those were the words.
(The prisoner received a good character.)
NOT GUILTY .
BARRETT pleaded GUILTY . Aged 19.— Confined Twelve Months.
JOHN PREW . I am a hosier. This handkerchief produced is mine—I know it by the ticket on it, and the quality—I lost it about nine o'clock, three weeks ago—I did not miss it till the policeman brought it—I had seen it safe a few minutes before.
FRANCIS HAYES (policeman, E 82). About nine o'clock, on the evening of 23rd April, I saw the prisoners in Oxford-street, and saw Barrett take this handkerchief from the rail of Mr. Prew's shop—I had watched them together about an hour—at the time it was taken, Godwin was about four yards from Barrett—I took him—another constable took Godwin; he is not here—I found the handkerchief between Barrett's shirt and jacket.
GODWIN. Q. Did you see me with Barrett? A. Yes; for about an hour previous—you were acting as thieves usually do—I got into a cab and watched you.
Godwin's Defence. I am innocent of it.
GODWIN— GUILTY . † Aged 17.— Confined in Months.
HARBUR pleaded GUILTY . Aged 19.— Confined Eighteen Months.
GEORGE HEDGES (policeman, S 219). About a quarter-past nine o'clock on the morning of 22nd April, I saw the prisoners together in St. Pancras-road—they separated, and joined company again—they then separated again, and Harbur went into a bird-fancier's—he came back and spoke to Williams who had something in her apron—they then went away together towards King's-cross—they stopped, and Harbur took a rabbit from Williams' apron—he kept it about a minute, and gave it her back again—I then stopped her, and asked what she had in her apron—she said, "A rabbit"—I said it answered the description of one stolen from Somers-town—she said it could not be, she had had it two months—Harbur said be could be a witness she had had it two months—I took them to the station—Harbur gave his address, 6, Endsley-street, and Williams, 14, Glasshouse-yard, St. Luke's—I afterwards found out they lived together at 26, Drummond-crescent—I took Harbur's shoes to 3, Charles-street, from where the rabbit was stolen, and they exactly corresponded with the marks in the garden there—this is the rabbit (produced.)
JANE HOLLAND . I am the wife of Thomas Holland. On 22nd April, about seven o'clock in the morning, I noticed our rabbit-hutch had been broken, and a live tame rabbit taken away—this is it—26, Drummond-crescent comes to the back of our garden.
Williams's Defence. I did not know it was stolen.
FRANCIS MORRIS (policeman, E 10). I produce a certificate—(read— Mary Goddard, Convicted Feb. 1847, and confined one year)—I was present—Williams is the person—the prisoners were both tried together with a brother of each of them.
WILLIAMS— GUILTY . Aged 24.— Confined Eighteen Months.
counter-foils of receipts (produced)—here is one for Mr. Thomas Twiddy, dated 5th Oct.; one for Mr. Henry Vyse, one for Mr. Hall, and one for Mr. Burton.
Cross-examined by MR. PAYNE. Q. Have you fitted them to the receipts? A. Yes; I knew the prisoner when he resided at 3, John-street, Walworth—I cannot say how long he has been in John-street, Borough—I found some of the receipts in a tea-caddy, and some on the floor—there was a handful of papers in the corner of the room.
RICHARD MOSS (policeman, P 30). I produce some reports of the "Metropolitan and Provincial Society for the Prevention of Cruelty to Animals"—I found them in the room the prisoner occupied, and also three parcels of receipts.
THOMAS TWIDDY . I am a cheesemonger, of 150, High-street, Southwark. On 5th Oct., the prisoner called, and said, "I have called for your subscription to the Animals' Friend Society"—it is impossible for me to say exactly what he said—he produced a receipt ready signed, and I paid him 5s.—I had before paid him money for this Society, and taken his receipts—he has given me Reports, but did not that time—I cannot swear in what coin I paid him.
JOHN AUGUSTUS LOCKE . I am constable of the Metropolitan and Provincial Society for the Prevention of Cruelty to Animals. The defendant was in our service, and was discharged last June—I was not present when he was discharged, but I had orders the same day to get all the books and papers from his premises—I went, and he said he had delivered over all he had got.
EDWARD PAULL . I live at 15, Cheapside. I know the prisoner—he has collected subscriptions from me for the Animals' Friend Society two or three times—in July, 1849, he came and said he called for my subscription for the Society—I told him I thought it was before the time, and he said I had paid after time the last time, and I found I had paid it in November—I paid him 5s., and he gave me this receipt.
Cross-examined. Q. What is the heading of the receipt? A. "Association for the Prevention and Suppression of Cruelty to Animals; office, 3, John-street, Southwark"—I made no memorandum of the conversation.
WILLIAM ROXBROUGH . I am a stationer, of 9, Aldgate. The prisoner was in the employ of the Society for the Prevention of Cruelty to Animals, to which I was a subscriber—I believe he was acting as secretary, treasurer, and everything—on 2nd March, 1849, the name of the Society was altered to "The Metropolitan and Provincial Society for the Prevention of Cruelty to Animals"—the prisoner continued to be employed till 14th June, when he was discharged at my house in my presence—he has not since been authorized to receive money on account of the Society, and we have received none from him.
Cross-examined. Q. What was your position? A. Honorary secretary; until I became so, the prisoner was almost the whole society—I printed gratuitously for the Society after I became honorary secretary.
WILLIAM NOTMAN . I am treasurer to the Metropolitan and Provincial Society for the Prevention of Cruelty to Animals. The prisoner was collector—I was present when he was discharged, about the 14th June—he has had no authority to receive money since.
Cross-examined. Q. How long was he treasurer? A. For some years.
of a house or his, and represented himself to be the secretary of the Society for the Prevention of Cruelty to Animals—he had possession of the house from April to August.
Cross-examined. Q. It was in April he said he was the secretary? A. Yes.
WILLIAM EVES BONUS . In the beginning of last Jan. the prisoner came to Mr. Burton's office, and said he had called for Mr. Burton's subscription to the Society fur the Prevention of Cruelty to Animals—I showed Mr. Burton the receipt, and paid a half-sovereign on Mr. Burton's account—this is the receipt (produced).
Cross-examined. Q. I thought you said you paid him 5s.?—(reading the deposition: "I paid him 5s. on Mr. Barton's account). A. That it not a statement of mine—I signed it—it was not read over to me.
GUILTY .— Confined Three Months.
THOMAS MALPUS . I am a gardener, and live at Bethnal-green. These three tame fowls are mine(produced)—I last saw them safe on 29th April, at half-past seven o'clock in the evening, in a small hen-coop in front of my house—I missed them on the 30th, at half-past eight.
WALTER WILLIAM HOLLOWAY (policeman, H 129). On 29th April, at half-past nine o'clock in the evening, I met the prisoners and another lad in King-street—I followed them—they began to run—I ran after them, and caught Jones—before I caught him, he dropped a white hen—he said, "I did not steal them, I found them"—I saw two fowls picked up m the direction they ran—I took Gable next morning—I told him I wanted him, for being with the others—he said he did not steal them; he happened to drop in with the others coming along the road.
GABLE— GUILTY. Aged 16.—He received a good character, and was recom-mended to mercy by the Prosecutor. — Confined Two Months
OLD COURT.—Saturday, May 11 th, 1850.
PRESENT—Mr. Justice CRESSWILL; Mr. Ald. KELLY; Sir CHAPMAN MARSHALL, Knt.; Ald. Mr. COMMON SERJEANT; and RUSSELL CHENEY, Esq.
Before Russell Gurney, Esq., and the Second Jury.
WILLIAM FRANKLIN . I am a porter in Newgate-market. On 26th April I saw a man carrying a pair of fore-quarters of mutton—I was behind him, and could not see his face—he went into a passage—I was calling Mr. Taylor three or four minutes, and then went into the passage, and found the prisoner there with the mutton—any one could have gone in there while I was telling Mr. Taylor.
NOT GUILTY .
969. JOHN DISMOND , breaking and entering the dwelling-house of Selina Whittaker Gibbs, and stealing 17 spoons, I mustard-pot, and other articles; her goods.—2nd COUNT, burglariously breaking out of the said dwelling-house.
JESSE JEAPES (policeman). On 30th April, about half-past fire o'clock in the morning, I was on duty in St. James'-street; and met the prisoner within a few yards of Jermyn-street—I crossed over to him, and said, "Halloo, here you are out screwing already this morning"—he said he did not know what I meant—I saw a person on the opposite side run—I said, "Have you got any screws about you?"—he said, "No"—I took off his hat, and found two milk-jugs and a mustard-pot in it—I took him to the station, and asked him if he had anything more about him; and he took from his pocket six table-spoons, a gravy-spoon, six tea and four salt-spoons, a fish-knife, a butter-knife, a pair of sugar-tongs, and seven forks (produced)—I found on him a screw-driver, a knife, part of a wax-candle, and a quantity of lucifer-matches—I received information, went to Mrs. Gibbs', and found marks of violence on the door in the passage—this screw-driver found on the prisoner fitted the marks.
Cross-examined by MR. HORRY. Q. Were the marks on the doorpost the only marks you saw? A. No; the marks of the screw-driver were at the lock, and there was another mark which it did not fit—some one must have concealed themselves in the house the night before.
SELINA WHITTAKER GIBBS . I am a widow, and carry on business in Down-street, Picadilly, in the parish of St. George, Hanover-square. On 29th April I was the last person up—I bolted the street-door at half-past ten o'clock—I heard nothing in the night—I got up at eight in the morning, and missed this plate—it is mine, and was safe the night before—the outer door had not been opened by violence, but it was found unbolted in the morning—there were marks on the shop door.
Cross-examined. Q. How far is your house from Jermyn-street? A. About three quarters of a mile—these articles were in the kitchen cupboard.
GUILTY on Second Count.* Aged 20.— Transported for Seven Years.
Before Mr. Justice Cresswell.
970. JAMES BAYFIELD and WILLIAM ANTHONY , feloniously threatening to accuse William Raine of committing b—y, with intent to extort from him his moneys. (The details of this case were unfit for publication)
NOT GUILTY .
MR. CLARKSON offered no evidence.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Saturday, May 11 th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. Ald. HOOPER; Mr. RECORDER; and
Mr Ald. CARDEN.
Before Mr. Recorder and the Sixth Jury.
973. WILLIAM STEERS and ELIZABETH STEERS , feloniously cutting and wounding Richard Burn on his right side, with intent to do him some grievous bodily harm:—2nd COUNT, to resist the lawful apprehension and detainer of William Steers.
MESSRS. BODKIN and CLERK conducted the Prosecution.
AMELIA WARD . I live at 5, Francis-street Old-street-road; I am a prostitute, the same as Elizabeth Steers; the prisoners live in the house opposite mine. On Sunday, 10th March, William Steers came to my door between four and five o'clock in the morning—he knocked at the door two or three times—I did not let him in—I shut him out once or twice—at last he shoved the door open and came in—another man followed him in, and the female prisoner—they came in one after the other—William Steers went to the washhand-stand and broke the basin—he then went to the mantel-piece and dragged a picture down—he then hit a friend of mine, William Risley, who was there, and when he had done beating him, he came and beat me—I am not aware that he had anything in his hand then, but after he had beat me as long as he could stand over me, he took up this quart jug (produced) and broke it over my head—my head bled, and the blood is on the jug now—as soon as I could get from him I ran into the street and called the police—I said, "For God's sake help me, or else I shall be murdered"—the policeman happened to be just passing the door—as soon as he came up, I lost my senses—I do not recollect what passed—when I ran out into the street I do not know what became of the prisoner—I leaned against the wall—there was nothing done to me in the street that I know of—when I recovered, I found myself leaning against the wall—I do not think the policeman came into my house—when I crossed to the prisoner's place to give them in charge, the female prisoner pulled my hair, just where my head was wounded—they were both tipsy.
Cross-examined by MR. ROBINSON. Q. When you recovered you went over to the prisoners' house? A. Yes, to give them in charge—the door was open—the basin that William Steers broke was my own; it was not one that Risley had brought from the prisoner's house—the female prisoner brought it over the day before—Risley did not say it was his—of course what is in my place belongs to myself—I will swear that Risley did not say the basin was his—the jug has been in my possession ever since—Risley is not here to-day; he was before the Magistrate, but was not examined—I do not know what Risley was doing while William Steers was beating me—I did not see him strike William Steers—I did not see any mark or blow that Risley gave him—I was not attended by any surgeon—washing my head with warm water cured it—Risley does not live in my house; he comes there backwards and forwards—he was sitting there with the door shut, for three or four hours before William Steers came—he bad not come in from the prisoner's house a few minutes before.
WILLIAM ALSWORTH (policeman, N 71). On Sunday, 10th March, I was on duty in Francis-street—I saw Ward standing leaning against a wall—the blood was running from a wound in her head down her face and clothes—she appeared to be in a very bad state—she said, "For God's sake, policeman, come here, I shall be murdered"—she said that Steers and his wife had come and burst her door open, and had beaten her, a man who was in the house, and another female, with the poker and tongs, about the head, and likewise with a jug—I did not see the prisoners at that time; they were in their own house, and the door fastened—I did not see them go in—in consequence of what Ward said, I went and knocked at the prisoner's door—one of them made answer, "Who is there?"—I said, "The police"—a man's voice said, "There you are like to be"—I asked them a second time to open the door—he refused, and I then forced the door open—I was in my uniform as a policeman—I went into the house—I saw both the prisoners—I told them I wanted them—they asked me what for—I told them the charge; and William Steers
said if I did not go out, be would serve me as he bad the rest of them—he refused to come out—I then took him by the collar and dragged him out—I then sprang my rattle, and got the assistance of another constable, Burns—I wanted him to go into the house and apprehend the other, but he said he would sooner take the one I had—I then gave him William Steers in custody—I then went into the house, but I returned and saw Burns on the pavement, and William Steers was on the top of him, with his left foot just above his stomach—William Steers had this leg of a chair in his right hand, and he was making a blow at Burns as I came to him—I did not see him strike him—he said, "I will stamp your b—y guts out"—I took hold of him by the collar and dragged him to the station with a great deal of trouble—Burns could scarcely stand when he got up—he could not assist me in any way whatever—Elizabeth Steers was there; she had the officer by the collar, or the arm, I could not see properly which, so as to encumber him—I had gone into their house the second time after another man who was there.
Cross-examined. Q. On your oath did you never see Burns attempt to strike a blow? A. Yes; on the man, not on the woman—when he was lying on the ground, he was trying to do as well as he could—I did not see William Steers receive any blow—I saw that he had received blows about the head—there was blood coming from his head, it was running down his clothes and shirt when I had him by the collar—when Ward said something about murder, the prisoners were in their own house—I forced the door open—it did not want breaking, it was a little spring lock; I gave it a shove with my arm and shoulder—I did not put my foot against it—I forced it open in the best manner I could—I will not swear that I did not put my foot against it—I went into the house and seized William Steers—I grasped him by the neck-handkerchief—he had no jacket on—I dragged him into the street in the best way I could, or I should have got what I was promised, if it had not been for a little help—he said if I did not get out, he would serve me as he had done the others—Elizabeth Steers was coming to the assistance of her husband, when some persons in the house prevented her from touching me—I might have dragged William Steers a couple or three yards from the door when Burns came up—I dare say it was more than five minutes before Burns came up—he took William Steers, and I went to go into the house—I wanted to get Elizabeth Steers and another man who was there—they were all three given into my custody—I did not lay a hand on Elizabeth Steers—I do not know that William Steers was attended by a medical man in the House of Detention—I know he had a wound in his head—I afterwards picked up this leg of the chair in the street, just by where Burns had lain—on my oath I did not go into a house next door to the prisoner's, and get it the next day—I picked it up as soon as I got back from the station, in about half an hour—Burns had his truncheon in his hand—I have stated before, that William Steers said he would stamp Burn's guts out—I stated it to the other constable, and I stated it before the Magistrate.
MR. CLERK. Q. At the time you took William Steers from his house, had be the leg of the chair in his hand? A. He bad not at that time; I believe he picked it up out of the street—he had it in his hand, however—I observed that he had blood about him, but I did not see that his head was bleeding till I got to the station.
RICHARD BURNS (policeman, G 204). On Sunday, 10th March, my attention was called by the springing of a rattle in Francis-street, Old-street-road—I found Alsworth, with William Steers in his custody—he gave him into my charge, and went away to the house in quest of the other man—after he
was gone, William Steers put his leg round mine, and threw me to the ground—when I was on the ground, he commenced kicking me and beating me with the stick, while Elizabeth Steers held me down by the hair of my head—I cannot say whether William Steers had this stick in his hand when I took charge of him—he hit me on the back, and on the back of the head—I cannot say whether he hit me on the back of my head with the stick, or kicked me there—he kicked me two or three times—while I was down, Elizabeth Steers held me on the ground by the hair of my head, and with her hand on ray forehead also—she did not do anything else to me—at the time she was holding me down by the hair of my head, William Steers was kneeling on me, and he stamped once or twice on my stomach—I received a wound just by the loins—I cannot say how that was done—I have not been able to go on duty since.
Cross-examined. Q. As soon as William steers was left in your custody, there was a struggle? A. Yes; he wanted to get away—he swung his leg round mine, and threw me to the ground—I struck him once or twice over the wrists—I did not strike him on the head at all—I struck him with my truncheon while I was standing up.
COURT. Q. Had you struck him before he attempted to throw you down? A. Yes, before he succeeded in throwing me down—I struck him because he had got hold of my hair and was struggling to get a way—I received a blow on the back of my head, but I cannot say with what—I was on the ground when the other officer came to my assistance.
JOHN BUBBERS MATHER . I am a surgeon. On Monday, 11th March, I examined Burns—I found him very much injured about the head, and neck, and loins—the nape of his neck was very much contused and inflamed—he was suffering very severely—on the right side of his loins there was a wound as if made with some blunt instrument—the neighbourhood of the loins was very much swollen and inflamed—the blows on the head and neck produced contusion of the brain, with epileptic fits—he is still under my care, and even now I have thought it necessary to have another man with him to watch him.
Cross-examined. Q. The principal blow was at the back of his neck? A. One of them was; the injury to the brain was from the blows on the head and neck—they would unquestionably produce the effects I have described.
COURT. Q. Was there any wound you would call a cut? A. The wound on the loins was not cut as an incised wound, but as with the toe of the boot—the skin was rolled up, and the flesh was raw under it—it might have been by a kick, or a blow, or a thrust from this instrument—it could not have been by a fall in that position.
WILLIAM STEERS— GUILTY . Aged 27.— Transported for Ten Years.
ELIZABETH STEERS— GUILTY . Aged 38.— Confined Eighteen Months.
MESSRS. CLARKSON and PARNELL conducted the Prosecution.
WILLIAM ARCHER . I am potman in the service of Mr. Shepherd, who keeps the Brill, in Brewer-street, Somers'-town. I went to the dust-hole about two o'clock on Saturday afternoon, 27th April, and found a purse on a shelf over the dust-hole—I should know it again—I did not open it—I took it to my master directly, and left it with him—this is it—I received it back from him in about twenty minutes—he gave me some directions, in consequence
of which I put it where I got it from—the prisoner was barman there—he slept in the same room that I did, but not with me—the dust-hole is in the back yard—I saw the prisoner go to that back yard about nine the same evening—he then came back to the bar—I went to the dust-hole after he had been out, and found the purse still there—he and I slept in the same room—we got up about nine the next morning—from that time I watched the prisoner—he was in the yard, about half-past nine, for about half an hour, and he was away again about eight in the evening—I saw the purse there about nine o'clock that evening—we went to bed, and got up at five o'clock the next morning—the prisoner went down first, and when I came down the back door was unfastened—there was no one up in the house who could have opened it but him—he was out in the yard when I came down—he came in in about ten minutes—directly he came into the bar I went to the dust-hole, and the purse was gone—I gave information to my master, and on that the servant maid was sent out—she returned, and after that I observed the policeman look in at the window of the private door—the prisoner was then in the front bar, and on seeing the policeman look in, he jumped over the counter and went out into Brewer-street—Brill-yard is four doors down that street—he went towards Brill-yard—he was gone about a minute—directly he got in the policeman came.
Cross-examined by MR. BALLANTINE. Q. What took you Into the yard at two o'clock, when you found this purse? A. I was cleaning shoes and knives—this purse was not quite plain—I had used some grease for my own shoes and I went to put the grease back again, and I heard something jingle on the beam—I put it back again, in the same place, about twenty minutes after I found it—I saw it on Saturday night, and two or three times on Sunday—another barman and a maid-servant are the only servants in our house—there is no mode of getting to the shed, except through the house—there is a back gate, but it is always locked—it cannot be got over, it is covered.
MR. PARNELL. Q. What else was on Ail beam in the dustbin? A. Nothing but the grease—when I went down on the Monday morning I left the other barman in bed.
GEORGE SHEPHERD . I keep the Brill. On Thursday, 25th April, I marked two half-crowns, two shillings, and two sixpences; I placed them in the till—on the Saturday, Archer brought me this purse—I opened it, and found in it twenty-eight shillings and sixpence—there was a half-crown, a shilling, and a sixpence which I had marked on the Thursday—Archer told me where he got the purse from, and I gave him directions as to what to do with it—on Sunday, about eleven o'clock, I marked two sixpences and one shilling, and put them in the till—they were marked in a different way to the money I had marked on the Thursday—on the Monday morning I was up at a quarter before five—from my window I had a view of the back yard, and I saw the prisoner go down in a direction to where the dust-shed is—I could see him within one yard of it—in two or three minutes Archer gave me information, and I called a female servant and sent for a policeman—I came down myself soon afterwards—the prisoner had then left—I went out at the centre door, opposite Skinner-street, that is a way from Brewer-street—I came in again, and the prisoner came in at the Brewer-street door just as I came in at the other—I gave him in charge—he was searched, but no money was found—I went with him to the station—on the same morning, about seven, the policeman searched Brill-yard, and found this purse; I was not a great way from him when he found it—he and I went to my
house and examined the contents of it—I found in it a half-crown, a shilling, and a sixpence, which had been marked on the Thursday, and at the station I found one shilling which had been marked on the Sunday—there had been 28s. 6d. in the purse when it was first found, and on the Monday there was 33s. in it—the policeman took the purse and its contents.
Cross-examined. Q. You found no money on the prisoner? A. None; I told him he was a thief—he said there was law for him as well as for me, for accusing him of being so—no one in my establishment knew that I marked any money—I told the inspector after the purse was found, and advised with him—I am sure Archer did not know it—he never knew there was marked money in the purse, though he brought it to me—I did not then tell him that there was marked money in it—Archer has been with me nine months, and the prisoner three months—I put the marked money in the till at the counter where the prisoner works—that till is accessible to the head barman—Archer could have access to it—I knew by my returns that money was missed—I had begun to miss money six weeks before, in consequence of which I gave the prisoner notice to quit.
THOMAS GARRATT (policeman, S 392). I took the prisoner into custody, about a quarter before six o'clock that morning—when I first came in, he was standing behind the bar—after I had taken him to the station, Mr. Shepherd and I went into Brill-yard, between six and seven, and searched there—I found the street-door of an unoccupied house was open—I went down to the cellar, and found in the area this purse, which could have been slipped through the grating over the area—I went back to the Brill, and Mr. Shepherd pointed out the marked money to me—he gave me the purse and its contents; I took it to the station, and delivered it to the inspector—I received it back from him—this is it.
JAMES HEMSLEY (police-sergeant S 25). About a quarter before six o'clock on Monday morning, 29th April, I was in Brewer-street—I saw the prisoner leave the Brill and run into Brill-yard—he remained there a minute, and then came out again—he ran there, and ran back again.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
GUILTY. Aged 30.— Judgment Respited.
MATTHEW HALL. I have a business in London, but I reside at Hampstead—the prisoner was in my service—we keep fowls, and we had missed eggs for several days—I mentioned to the prisoner about it—I said there were so many eggs in the nest, and asked him how many he brought in—he said, "Four"—I said it was said there were six there—he then said he brought in five—I said, "I do not like to suspect any one, perhaps you will allow me to see your box," which he consented to do, and there were seven eggs in the box—I asked him how he came by them—he said they were his own—a silver teaspoon was found in his box; it is mine—he has in other respects been a very good servant—with the exception of this I have no fault to find.
Prisoner. I bought the eggs; I did not know the spoon was there; when I unlocked the box my master wished me to take all my things out, which I did; if I had known the spoon had been there I would not have kept it there.
Witness. When I found the spoon I said, "That is our spoon"—he said, "No"—it was—he hesitated, and then said he meant to return it—it had been missed two or three weeks before—I believe his attention had been called to it.
REBECCA MILLER . I am in the prosecutor's service—I had the care of the plate—I missed the spoon on 20th March—I mentioned it to the prisoner—he said he knew nothing of it—the spoon could not have got in the dust-hole by any accident—the slops went in the pig-trough, not in the dust—I asked him to try and find the spoon—he had never borrowed it—we have no other spoons in common use but these.
Prisoner's Defence. I am as innocent as a child; I did not know the spoon was there; if I had, I should have objected to unlocking my box.
COURT to MR. HALL. Q. Had he anything of yours in his box in which the spoon might have fallen? A. No, nothing of mine—he turned out stockings and shirts, and a general assortment of clothing.
GUILTY . Aged 38.— Judgment Respited.
HENRY COOKSON . I live at 10, Great James-street, with my father and mother. On 16th April I saw the prisoner behind the counter in our shop, which is a little trimming-shop—he had a roll of calico under his arm, which was lying behind the counter—I asked him what he wanted—he said, "A halfpenny skein of silk"—I asked him what he wanted with that calico—he said his halfpenny had rolled down behind the counter, and he went to pick it up—he had this calico under his arm, and there were a lot of bindings under it—he was turning them over—it was about five minutes after eight o'clock.
ELIZABETH COOKSON . I am the prosecutor's wife. I came into the shop and saw the prisoner there—my son said, "I saw him behind the counter, with the calico under his arm; I will go and get the policeman"—I said, "Do," for I had often seen the prisoner there before—he came for a half-penny skein of silk and I said I did not keep it.
Prisoner. She said she did not want to give me into custody, but she had lost so many things before, that the next that came she would make him pay for all. Witness. No, I did not; I said I would rather not give him in charge, but I had lost so many things, and he had been there so often.
GUILTY .* Aged 17.— Confined Fifteen Months.
THIRD COURT.—Saturday, May 11th, 1850.
PRESENT—Mr. Ald. HOOPER; Mr. Ald. SIDNEY; Mr. Ald. CARDEN;
and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
GUILTY . Aged 40.— Confined Six Months, and fined One Shilling
FRANCIS VERGO SANDERSON . I am a tallow-chandler and oilman. The prisoner was in my employ six or seven weeks—on 4th May I had suspicion, and came down-stairs earlier than usual; and in consequence of something that happened with reference to some wash-leather, I sent for a policeman, and gave him in charge—I afterwards examined his boxes with the policeman, when he was not present, and found three squares of fancy soap, a packet of la veno beno, which is a kind of herb to mix with tea to improve it; and a box of wax-matches—I did not miss any of them from the shop.
Prisoner. I brought the soap from home; my father is in the same trade. Witness. His father is a traveller in the same business—this soap has "Stratton" on it, which is not the name of the house his father travels for—they are in a large way of business, and supply a great number of shops—I had no other description of fancy soap.
JOHN POOLEY (policeman, S 286). I searched the prisoner's box with Mr. Sanderson, and found these things in it—they laid at the bottom of his box, under his clothes—it was not locked—the prisoner said before the Magistrate he would not say but what he had taken the la veno beno.
JURY. Q. Are you in the habit of examining boxes without having the prisoner present? A. I never examined one before—it is a regular thing to charge the parties before the box is searched.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 47.— Confined Twelve Months.
GUILTY on 2 nd Count. Aged 46.— Confined Three Months.
NOT GUILTY .
ALFRED RYDER . I am thirteen years old, and live with my father, in Bean-street, Leicester-square. On the Wednesday before 15th April I went to Mr. Baldwin's shop to buy some boots—I saw a pair of gaiters lying on the counter, and stole them—I then went to the prisoner's shop, which is a broker's, in Lombard-court, and asked him whether he would buy them—he asked what price they were—I said, "3d."—he said 2 1/2d. was quite enough, and I sold them to him for that—they were bran new—I was taken into custody on the Sunday.
Cross-examined by MR. PAYNE. Q. Are these the only things you have stolen? A. Yes; I never stole a till—I was charged with stealing 17s. from a till—I am brought here from the police-station by an officer—I am now under a charge, on suspicion of stealing a bedgown—when I asked the prisoner to buy the gaiters, I told him my father wanted some bread—I did not know him before.
Ryder was in the habit of coming to my shop—these gaiters are my property—they were made for a gentleman on the Monday, who paid 7s. 6d, for them—I afterwards found them at the prisoner's.
Cross-examined. Q. Did you see the prisoner's wife? A. Yes; at first she said she did not know where they were, but she found them hanging up—they were not outside the shop—it was Sunday—I cut them out myself, and the man that made them has worked for me nine years—I am satisfied the prisoner did not know the value of the gaiters—there are many made so as no one can tell their value.
ALAN PHILLIPS (policeman, F 48). I took the prisoner into custody—(I had previously taken the boy)—I told him I came respecting a pair of gaiters—he instantly replied, "I did buy a pair of gaiters; the lad asked 3d., but I thought 2 1/2d. was sufficient"—I told him it was very likely the Magistrate would require him to answer some questions, and would he attend at the police-court—he came there, and was put into the dock by the Magistrate's order.
Cross-examined by MR. PAYNE. Q. He was afterwards admitted to bail? A. Yes, and surrendered here this morning.
(The prisoner received a good character.)
NOT GUILTY .
MR. PARNELL conducted the Prosecution.
THOMAS FLYNN . I am a cheesemonger, of 48, Farringdon-street. I occasionally employed Camplin on Saturday nights as a shopman, and did so last Saturday night—the prisoner Smith came into the shop at a quarter-past eleven o'clock; I did not hear what she asked for—Camplin served her with a small piece of cheese, about 2d.-worth—she gave a small coin, but I cannot swear what it was; I only had an indistinct glimpse of it as he jinked it and threw it into the till—I should think it was sixpence or a shilling—I saw him put his hand into the till, sweep up a handful of silver, and pass it to her—I distinctly saw two half-crowns and some other silver money passed to her—when she received it, she did not look as it or count it, and was in the act of leaving the shop, when I came and asked what she had got—she said no more than her right change—I said my man gave her a handful of silver, and when I first taxed her with it, she put her band into her pocket—she then said he had given her 2s. 4d., which was her right change, and the young man was quite a stranger to her—Camplin affected to know nothing about what I was doing—I afterwards told him he had given the woman a handful of silver—he asked me very loudly what I meant, and said he had given her 2s. 4d., her right change—he heard Smith say she was a stranger, and be said she was a stranger to him—I asked the woman her address—she said, "Round the corner," and she subsequently said she did not live round the corner, but at the other end of the town—I asked her where, and she refused to tell me—I sent for a policeman, and he took them to the station.
Cross-examined by MR. HORRY. Q. Are you fortunate enough to have a very good business? A. Yes; this happened at half-past eleven o'clock—business is very brisk from then up to twelve or one, when we close—I was taking money of my daughter in the shop that evening—I was about seven or eight feet from Camplin—I was not serving—there were several other customers in the shop—I only know the money she paid by the jink—there was no other silver on the counter—I am quite sure I am not mistaken in saying
I saw two half-crowns in Smith's hands—I saw them pass from him to her—it was very rapidly done—I came round the counter to her as she was going away with the money in her hand, and she put it into her pocket.
MR. PARNELL. Q. Before you taxed her, had she put her hand to her pocket? A. No; I said, "What change have you? my man gave you a handful of silver," and she put her hand to her pocket Instantly.
TRISTRAM STANSFIELD (City-policeman, 292). I was sent for, and took the prisoners to the station—on the road, Smith dropped a shillings—when we got to the station, she refused to give her address, and said she only had her right change—before the Alderman she gave her address as 11, Clement's-lane—I went, and found she lived there—after the examination was over, when the prisoners were going down the stairs, Camplin put his arms round Smith's neck, and kissed her—she did not appear to resist that at all.
ELIZA PRICE . I am the wife of William Price, a City-police sergeant, and am the female searcher at the station—I searched Smith, and found on her three half-crowns, three shillings, and 7d. in copper—she begged of me not to show more than 9s., as she had stated she had 9s. on her—told her I must show everything she had—she then said it would not matter, as she thought the had said she had 9s. odd—I asked her where she lived, and she said she would not give her address, be the consequences what they might.
(Smith received a good character, and a witness offered to give her employment.)
CAMPLIN— GUILTY . Aged 23.— Confined Two Month.
SMITH— GUILTY . Aged 25.— Confined One Month.
NOT GUILTY .
OLD COURT.—Monday, May 13th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. RECORDER; Mr. Ald. CARDEN.
Before Mr. Recorder and the Second Jury.
987. WILLIAM NEAL , feloniously cutting and wounding Ann Hefferman on the forehead, with intent to maim and disable her.—2nd COUNT, to do her some grievous bodily harm. MR. PAYNE conducted the Prosecution.
ANN HEFFERMAN . I live with my father and mother, in Pye-street, Westminster. The prisoner lodged there—on Saturday night, about ten o'clock, be came to pay his rent—my mother asked him for some more money—he said he would not give her more till he got better conveniences—she said she would not give him any more conveniences, because what she had given him were made away with; that a feather bolster which had been in his room was made away with—he said, "No such thing;" that if it was, it was me that made away with it—I said it was no such thing, and caught hold of his arm by the sleeve of his shirt, to make him stand and listen to me—he pulled himself away, and a piece of his sleeve, about the breadth of my hand, tore out—it was very tender—he went up-stairs—I heard him going up—I went up three or four minutes afterwards, to know the reason, and saw him outside his own door—I did not speak a word to him—I had to pass his door to go up to the next floor—he struck me a blow with a hatchet on my forehead—I became insensible—no altercation had taken place between us—I was in the hospital ten days.
Cross-examined by MR. KENEALEY. Q. Was there a black man there that
night? A. I do not know; I had not been at home more than half an hour—there was not much talk about the bolster—I did not see my mother lock the door, and say the prisoner should not leave the house—no bad language had been used to the prisoner—he had lodged in the house about two years—I bad not pledged the bolster—I went up-stairs alone—I did not try the prisoner's door, or knock at it—when I received the blow, the candle went out—I did not see the prisoner's wife or children till the policeman came—I did not hear them crying in the room before I was struck.
CATHERINE M'CARTHY . I lived at 2, New-way, Westminster. On Saturday night, 13th April, I saw the, prisoner at Mrs. Hefferman's—he paid 3s. rent—there was more owing, and she said, "Will you pay some off the score?"—he said, "No, not until I get better conveniences"—she said, "I cannot give you any more conveniences, for your wife sells them as fast as I give them to you"—the prosecutrix came in—he said that his wife said Ann Hefferman sold the bolster—she stood in her own defence, and said, "I never sold any bolster, nor nothing belonging to my mother"—she caught him by the shirt sleeve, and said, "Will you stand until I tell you all about it?"—I did not see the shirt torn—he went up-stairs—in a few minutes she said, "I will go up to Mr. Neal's wife, and will know all about it"—she went, and knocked at the door—Neal opened it, and came out with a chopper in his hand, and knocked her on the forehead with it—she called out, "Murder!" and I went up, and saw her getting the blow on the forehead—I said, "Will Neal, don't you do it any more"—he said, "I will, I will kill and slaughter at I go"—he gave me two strokes, and struck her again on the arm—I went to try to protect her, and got my finger nearly chopped off—I saw no sign of liquor about the prisoner—the light went out—I went down for one, and showed the constable up-stairs—the prosecutrix became insensible—she stumbled, and lost a great deal of blood—she gave Neal in charge, and the policeman took her to the hospital.
Cross-examined. Q. What are you? A. A hard-working girl; I get my living at the wash-tub; I never walk the streets—I have lived with Mrs. Hefferman since this business—we have never spoken about it since—I have seen her every day—I was there when the prosecutrix got the first blow—I happened to be going up-stairs at the time, not with her—I heard high words, and went up—she asked Mrs. Neal how she could tell a story of her, and I went up to protect her—I was up before he struck her—the door was not open at first—she was knocking with her hand five or six minutes before he came—I did not knock—Ellen Summers came up at the second blow, when "murder" was called—she was not standing there when the door opened—she got a blow on the arm—there was no candle there—there was a light in Neal's room—when the door was closed the light was quenched—the blow was a good hard blow, and with the edge of the hatchet—she called "Murder!" and then he struck her again—she recovered herself in five or six minutes—the door was not broken open—no one touched it, but just to knock at it—there was a black man there nearly all day—I did not see him mixing in the fight, or touch any one—I did not see the prisoner's little boy—I said nothing about the bolster—I did not see Mrs. Neal at all.
ELLIN SUMMERS . I am the wife of Joseph Summers, and live in Mrs. Hefferman's house. I heard cries of "Murder!" went up five or six stairs, and saw the prisoner fetch out a hatchet and hit Ann with it on the forehead—she stumbled, and he was making another blow—I said, "Don't you hit her again, or you will kill her"—I put out my arm to save her, and received the blow on it—it cut me here in two places—I ran down as quickly as I could.
Cross-examined. Q. Is this your first appearance in a court of justice? A. Yes; I have been in Westminster prison for a row, three times—I have never been in Coldbath-fields—I do not know Harrison, the officer of the Mendicity Society; I have heard of him—he has never been up against me or my husband, that I know of—I was never charged with committing an offence in St. James's-park, or with passing base coin—no one went up-stairs with the prosecutrix, to my knowledge—I was in the kitchen, and went up when I heard "Murder!" called—Mrs. Hefferman was up in the second-floor, halloing "Murder!" from the front window—I did not see Mrs. M'Carthy at the prisoner's door—I did not knock at the prisoner's door—I saw him take the hatchet by the handle and strike her on the forehead—I heard no bad language—she had not left the kitchen five minutes before I followed her up—I have never said I would get as much money out of this case as I did out of the last.
JOHN HUDSON (policeman, B 80). On Saturday night, about a quarter-past ten o'clock, I heard a cry of "Murder!"—I found the prosecutrix bleeding profusely from a wound in the corner of the forehead—her clothes were in a complete mass of blood—I found the prisoner's door closed, and pushed it in—the prisoner stood with this chopper in his hand inside the door—I told him to mind what he was about, and requested him several times to lay it down—I was in my police clothes—I asked him the reason he did it—he said he would slaughter all the b—y lot of then, or any person who would insult his wife—I took him to the station with the chopper—he was not the worse for drink—he might have had a pint of beer—I took the prosecutrix to the hospital—she gave her evidence on the Wednesday, the other witnesses having given theirs on the Monday.
Cross-examined. Q. Where were the prisoner's wife and family? A. Standing inside the door—the prisoner was not sitting down by the fire—I did not ask him to show me the chopper; he had it in his hand.
WILLIAM DEWSLAP . I am house-surgeon to the Westminster Hospital. The prosecutrix was brought there with a scalp-wound on the left side of the forehead—it was very deep—it was not bleeding then, but she was covered with blood—a very large portion of the bone was exposed; it was about two inches long, and of a very dangerous nature indeed—this chopper is a very likely instrument to have inflicted it—on the Monday I considered her too ill to go before the Magistrate—she went on the Wednesday, and returned and remained till the following Tuesday, and then went out of her own accord—I told her I did not consider her out of danger—the blow went off obliquely, if the axe had fallen perpendicularly, it would most likely have fractured her skull; and from the appearance and the force would most probably have killed her.
(Robert Greig, a plasterer, and Patrick M'Carthy, of Westminster, gave the prisoner a good character).
GUILTY on 2nd Count.—Recommended to mercy by the Prosecutrix and Jury, on account of his children and his character. — Transported for Seven Years
NEW COURT.—Monday, May, 13,th, 1850.
PRESENT.—Mr. Ald. WILLIAM HUNTER; Mr. Ald. SIDNEY; and Mr.
Before Mr. Common Serjeant and the fifth Jury.
MR. BALLANTINE conducted the Prosecution.
RICHARD SMITH . I am in partnership with Mr. Morgan—we are corn-chandlers, and live in White Lion-street—the prisoner was in our service about seventeen months previous to 8th April—we received a communication, and I kept watch—on the morning of 8th April, I saw a cart driven to my premises by Lovejoy, a greengrocer, who lived two streets off, and who, since this has absconded—he drove opposite our premises, and went into the shop—I could not see what took place—the prisoner was in the shop at the time—Lovejoy came out with a sack on his back, which looked like a sack of oats—he placed it in the cart—I next saw the prisoner at the loft door, over the shop—he threw down a truss of hay and a truss of clover—the value of a sack of oats would depend on the quality; from 7s. to 9s.—this turned out to be a sack of barley, worth 7s. 6d., or 8s. at cost price—the hay was worth 2s., and the clover 2s. 4d.—the prisoner then came down from the loft, went into the cellar, and fetched up a truss of straw—he placed that in the cart—that was worth 10d. or 11d.—I cannot say where the prisoner was when Lovejoy drove up first, he was somewhere handy about the shop—I had seen him in the shop just before—there was no one else to serve in the shop—in about three-quarters of an hour I went into the shop—I took the slate on which it was the prisoner's duty to enter any sales, if the goods were not paid for, and if they were paid for he was to give me the money—I asked him three times if he had sold anything—he said no, there was nothing else to put on the slate but half a peck of barley to Davies—I asked him if there was anything else sold, and he said no—he paid me 2s. 5d. which he had taken, at least, it was in the till, and "Davies" was entered on the slate—Lovejoy has not had credit at our place of late—my partner had given directions to the prisoner not to trust him.
Cross-examined by MR. WOOLLETT. Q. How are your premises situated with regard to the main street? A. They face White Lion-street—anything that was done, could be seen by people passing—this was about half-past seven in the morning—Lovejoy had credit with us fourteen or fifteen months ago—he had paid a sum of money about six weeks before this transaction.
RICHARD JAMES . I live in White Conduit-terrace, near White Lion-street. I know the prisoner and Lovejoy—I have observed them together very frequently—I made a communication to Mr. Morgan on 1st April, and on the 8th April, Lovejoy drove by my house with a truss of clover, a truss of hay, a truss of straw and a sack of something, in his cart—Mr. Smith was then in my shop watching.
ELIZA MORGAN . I am the wife of William Morgan. I had my attention drawn to the prisoner—I was watching, but was not in the same room with Mr. Smith—I saw Lovejoy's cart come up, and after he had driven away, I saw the prisoner doing his usual work—he did not say anything to me about any sales he had made—after I returned from dinner at two o'clock in the afternoon, I asked him if there was anything to put on the slate—he said no.
Cross-examined. Q. I suppose there is a great deal of business done on these premises? A. Yes.
WILLIAM MORGAN . I am in partnership with Mr. Smith. Lovejoy had been a customer of ours some time back, but I had given directions to the prisoner many times not to trust him—the prisoner has never paid me for these articles that went that morning, nor has he entered them—a balance of an old account was paid by Lovejoy of 1l. 3s. 3d. some time before—I had repeatedly sent for it—I gave the prisoner into custody on 8th April in the afternoon, and on that afternoon I went to Lovejoy's stable—I found a truss
of hay, a truss of clover, a truss of straw, and a sack of barley—"Ash and Co." was on the sack—the barley resembled ours, being damaged, and the clover and hay resembled ours—I should like to know what has become of Lovejoy, we cannot find him anywhere—I believe he is the worst.
Cross-examined. Q. You had given Lovejoy credit? A. Not for the last twelve months—he never had any amount of credit—it was for some bricks that he had—the amount of them was 2l. 3s. 3d.—he had paid 1l.—this barley was damaged, and was a very peculiar sort—it was worth 7s. or 8s.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy. — Confined Six Months
(There were three other indictments against the prisoner, the prosecutor stated that he had lost about 60l. in two months.)
989. PATRICK PRENDERGAST, JOSEPH BROWN , and THOMAS STEARS , burglariously breaking and entering the dwelling-house of William John Terry, and stealing 1 pair of boots, value 3s. 6d.; the goods of Ann Logan; and 3 pairs of trowsers, and other articles, value 8s. 6d.; the goods of William John Terry: to which
BROWN pleaded GUILTY . Aged 18.
STEARS pleaded GUILTY . Aged 18.
Transported for Seven Years.
JOHN HOPE (police-sergeant, H 3). About four o'clock in the morning of 19th April, I met Brown and Prendergast in Rosemary-lane, coming in a direction from East Smithfield—they appeared to have something in their pockets—I asked what they had—Brown said he had nothing—I found on him a canister with some coffee-finings, three knives, and a cap—he said he bought the canister in the Highway for a shilling, the cap he bought it Bristol some time ago, and the knives were his—he had only one boot on—we took them to the station—a boot was found which resembled the boot on Brown's foot—he afterwards owned it.
THOMAS WEAKFORD (police-sergeant, H 5). I was with Hope, and met Brown and Prendergast—I found this tobacco on Prendergast, inside his Guernsey shirt—I asked him where he got it—he said he picked it up on the pavement near the London Docks' entrance—I went to an eating-house in East Smithfield, and found a seaman's chest broken open in the back-kitchen, and this cap lying about a yard from it—I believe I had seen Brown wearing this cap, but not that night—I was at the station when Stears was brought in; I found on him these braces—there was some tobacco in the chest corresponding with that found on Prendergast.
PRENDERGAST. I said I picked up the tobacco, and because I would not say I stole it, the other officer struck me in the face. Witness. He did not.
WILLIAM STEVENSON . I am a cooper, of 110, East Smithfield. That morning, about four o'clock, I heard a noise in my workshop, at the back of my house—I went down, and found Stears and another person, whom I should not be able to recognize—Stears was behind the chopping-block—I took him, and gave him in charge—the candle dropped from my hand, and the other one escaped—Terry has part of my shop; he does not lodge in my house.
JAMES KEARNEY (policeman, H 104). I went to the cooper's shop that morning about four o'clock—I found there these boots, shoe, canisters, three pairs of trowsers, two shirts, and other things—I found this knife in the yard which separates the dwelling-house from the shop, near a wall, where some one had got over—I then went to the cook's shop, No. 111; I found this
box on the counter—it was broken open, and I found this piece of a poker, which exactly fits the marks on the box—Brown afterwards said this boot belonged to him.
ANN LOGAN . I am servant to William John Terry; he keeps an eating-house, 111, East Smithfield. I went to bed at twelve o'clock at night on 18th April—I was the last person up—the house was perfectly secure—I was called by the policeman about four the next morning—I went down, and found the front door shut safely—it is Mr. Terry's dwelling-house, and is next door to Mr. Stevenson's, in the parish of St. John, Wapping—I went to the back of the premises—at the coffee-bar I found this box broken open—it was perfectly safe the night before, and had not been opened for four months, since my master had been ill—the back of the house was fastened, but the fastenings are very bad—there is a wall round the yard—I missed this pair of boots from the house—these braces were in an old work-box, I cannot say whose—there was a seaman's chest in the back-kitchen; it was safe when I went to bed—it was broken open in the morning—I cannot say what was in it—the man has been gone twelve months—we lost some tin canisters from the bar, like these—I cannot say that these are them—I know nothing about the tobacco.
PRENDERGAST— NOT GUILTY .
MR. METCALFE conducted the Prosecution.
(Upon hearing the prosecutor's evidence, as detailed at page 614, Vol. 31, the COURT was of opinion that the facts would not establish a case of felony, and directed a verdict of NOT GUILTY .)
991. AMELIA NOWELL and JAMES SEAMAN , were indicted for a robbery on Charlotte Lewis, and stealing from her person 1 victorine, value 5s.; 1 sovereign, 2 half-sovereigns, and 1 half-crown; the property of John Lewis.
CHARLOTTE LEWIS . I live in North-street, Paddington. On Saturday, 14th April, I was at a public-house with my husband, John Lewis—he went away in a cab, leaving me, and Joseph Harrington, and another man—I went with both of them to a house near King's-cross—we went to an upper room—the prisoner Nowell was there—she was shown up into the room—one of the men spoke to her—she came back for some beer and gin—I did not have any of it—I got up, and wished to go away—I went towards the door—I got to the middle of the room, and Nowell came and put her hand into my bosom, and took out my money—I said, "For God's sake, don't take my money"—she put it into her pocket, and knocked me down—she had not said anything to me before, only asked me to drink—I had not shown her my money—the other man saw me put it in my bosom—Seaman was not in the room at the time Nowell took my money; I did not see him at all—I had one sovereign, two half-sovereigns, and some silver—Harrington put his back against the door, and would not let her go out—she called out for some men, who rushed into the room, knocked Harrington down, and beat him in the face—she said, "Lay on, Jack," or something, and ran away—she had also got my victorine, and attempted to take my shawl—she got out, and I got out and got home—I spoke to a policeman in the passage—he said I had no business there—on Wednesday I went to the house—my husband asked at the door for the woman who robbed his wife—I went into the room, and saw Nowell at the foot of the bed, getting her tea—it is a private house, in Maiden-lane, Battle-bridge—Nowell denied that she was the person who robbed me—I said she was—I had a policeman with me.
JOSEPH HARRINGTON . I am not a fellow-workman of the prosecutrix's husband. I was at the public-house that night with her and her husband, and another man—I had seen the other man, but I never saw her and her husband before—her husband went away, and left me and the other man with his wife—we went to a house at Battle-bridge—the other man told us where there was something to be had to drink—she went with him, and I followed behind—when we got to the house 1 saw Nowell—she went out, and came back with some drink—she came up into the room, and poured out a glass of gin—I drank part of one glass—I cannot say whether Lewis did—the other young man drank some—Nowell went down-stairs again, and after a time the came up again, and the man who went with me, talked with her—I did not hear what they said—after that Nowell began to search Mrs. Lewis about the bosom, but I did not see her take anything—Mrs. Lewis said, "She has taken my money," and called, "Police 1" out of the window—soon afterwards Mrs. Lewis was struck down in the room; 1 cannot tell who did it—there were four or five in the room—I cannot say whether Mrs. Lewis was sober—she could walk—she had bad some drink—I was examined before the Magistrate—what I said was read over to me—this is my mark to it—(read—"The prosecutrix called,' Police!' and Nowell knocked her down")—I did not see Nowell knock her down—she pulled her away from the window, and she was down on the floor—I was knocked down at the time—Nowell called out, "Jack, come up-stairs"—this was before Mrs. Lewis was knocked down—I was holding the door to stop Nowell from going out, and four or five men came up and rushed into the room—I identify Seaman as one of the men that came into the room—I did not see him do anything—some of the others who were in the room hallooed out, "Lay into him"—there were two of them thrashing the other young man who was with us—the other young man paid Nowell for the liquor—it was nearly one o'clock on Sunday morning.
DANIEL BRUCE (policeman, N 478). I went with the prosecutrix and her husband to 3, Union-place, Maiden-lane—I asked if there was a woman in the house—the man that stood at the door said, "No"—I went up-stairs, and found Nowell at tea—I called up the prosecutrix, and asked her if that was the woman that robbed her on Saturday night—she said "Yes; I will swear to her"—Nowell said, "Me! I never saw the woman; I don't know her"—when I got her down-stairs, she said, "That woman wanted to give that man in charge on Saturday night."
NOWELL— GUILTY . Aged 19.— Confined Twelve Months.
SEAMAN— NOT GUILTY .
THIRD COURT.—Monday, May 13th, 1850.
PRESENT—Mr. Ald. CARDEN, and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
JOHN PRINCE . I live with my father, a hair-dresser, at Norland-road, Notting-hill. On 4th May, between seven and eight o'clock in the morning, as I was sweeping my father's door, I saw Cripps, who I knew before, go into Mr. Apted's shop, which is on one side of my father's, he brought out a little bundle, gave it to Bowen, and came straight away with it to me, and said
it was a pair of boots he had to sell for 4s., or he could pledge them, and he was to have sixpence out of it—he then went away.
Cross-examined by MR. HORRY. Q. Is not Mr. Apted's on one side of the road, and your father's the other? A. No; they are on the same side—Mr. Apted's is No. 5, and ours No. 7—Bowen passed me as he went up to Mr. Apted's shop, and asked me to give him a bit of bread—I am certain I saw Cripps give him a parcel—I have known'Bowen, ever so long, and knew where he lived, before his father and mother died.
HENRY TAYLOR . I am a labourer, and live at 19, Norland-road. On the morning of 4th May, a little boy (neither of the prisoners) came and brought a pair of boots—in consequence of what he said, I called Bowen, who was on the opposite side of the way to me, and asked him where he got the boots—he said Mr. Apted's lad had given them him to pawn or sell, and he was to have sixpence—I immediately took him and the boots to Mr. Apted's.
WILLIAM APTED . On Saturday, 4th May, Taylor came to me with this pair of boots (produced)—they are mine; my name and mark is on them—they are worth 6s. 6d.—I had seen them safe on the previous Monday—Cripps has been in my employ twelve months—he was out when Taylor came, and when he came in, I asked him if he had given Bowen these boots—he said, "No," he knew nothing about them—I gave them in charge.
Bowen's Defences. Cripps gave them to me, and said if I would take them to Hammersmith and pledge them, he would give me sixpence for it; I asked if they were stolen; he said, "No," his master knew all about it; I should not have taken them had I known they were stolen.
CRIPPS— GUILTY . Aged 15.—(He received a good character.)— Confined Fourteen Days.
BOWEN— NOT GUILTY .
MR. COOPER conducted the Prosecution.
PATRICK SCANLAN . I live at 8, Upper East Smithfield. On Sunday night, 21st April, I went with a young man to a house in Glass House-street—the prisoner came there with a young woman, about half-past one o'clock in the morning—he said to the young man with me, "I am going to stop here," and the young man said he could not, he was there before him—we had a pot of beer on the table, and the prisoner said, "I will help myself," and he took the jug up, and drank it—as he could not stop, he wanted the money he had spent on the young woman; from my companion, who said he would not give it him—the prisoner asked me if I was going to stop there—I said, "No"—I told him I was going to a coffee-shop till four in the morning—he said he would accompany me, and we should be company for each other—we then left, and went towards the coffee-shop—when we had got a short distance, he asked me if it was not a shame a man should spend his money upon a young woman, and not be allowed to sleep with her—I said I had nothing to do with their business—I then had both my hands in my pocket—the prisoner then put his hand into his pocket—I heard the click of a knife about three inches off, and he ran it into me—it went through my shirt and flannel-shirt into my wrist, through my waistcoat pocket, through six cards I had there, through my trowsers, and into my body—I saw the knife as it came out of my body—the blood began to flow—I held my hand so as to keep it from flowing, and ran after the prisoner, calling "Police!" but the police ran in a wrong direction, and the prisoner was not taken that night—I was taken to the hospital
next day, and remained there ten days—the wound in my belly is not well yet—I have known the prisoner by sight for the last five years, but had not made any freedom with him till he came home from his last voyage, about a month before this happened—I was in the dock when his vessel arrived—I never had a quarrel with him—I got 7s. for him when he was taken into custody.
Prisoner. The young woman was very tipsy, and I asked who was going to sleep with her. Witness. She was tipsy, but he said he was going to sleep with her—he did not refuse to have anything to do with her—he was not intoxicated—there was no spirits had at all—he spoke to me in good English.
JOHN WYATT . I am house-surgeon at the London Hospital. The prosecutor was brought there on 22nd April—I examined his body, and found a wound on his right arm just above the wrist, and a punctured wound on the lower part of the right side of the abdomen, about an inch and a half in length—it was such a wound as a knife would make—it was in a dangerous position—he has been from under my care since 1st May.
COURT. Q. Must it have been inflicted with considerable foree? A. Yes; it went through his clothes—it did not turn out so dangerous as I expected it would from the position—if it had not been for his wrist, it must have been very serious.
THOMAS KELLY (police-sergeant, H 2, examined by the prisoner.)I have known you a considerable time—I can say nothing bad about you—you are the same as other foreigners, fond of drink—I took you five days after this happened.
Prisoner's Defence. I did not touch a knife at all; my fist was sufficient if I wanted it; I never had any dispute with the prosecutor.
GUILTY . Aged 30.— Confined Twelve Months.
Before Mr. Common Serjeant.
WILLIAM DOCKRILL . I live with my father, Zachariah Dockrill, at Plaistow—it is his dwelling-house, and is in the parish of West Ham—on 31st March I had two boxes under my bed, in one of which there were thirty sovereigns, and two in the other—they were both locked—on 6th April I went to the boxes and the sovereigns were all gone—one box had the lock broken, and the other the hinge.
ANN GROUT . On 3rd April the key of Mr. Dockrill's house was left with me—the prisoner, who I knew before, came that day and told me that his sister Jane had sent him for the key—I knew she was in the habit of having it—Mr. Dockrill is her father-in-law—I gave him the key; he had it, I should say, quite a quarter of an hour—my place is twenty or thirty yards from Mr. Dockrill's—he brought me back the key—he had had the key before, but not lately.
JOSEPH PUDDIFORD (policeman, K 276). On Wednesday, 10th April, I apprehended the prisoner at Chatham—I said I should take him to town, on suspicion of stealing thirty sovereigns—I did not tell him where—he said, "Oh, very well"—I asked when he came to Chatham—he said on the Friday.
MORRIS GOODMAN . I am a slopseller at Chatham. On 6th April, the prisoner and two other persons came to my shop, and I sold the prisoner a pair of cord trowsers for 5s.—he pulled out some silver, and I daresay seven or eight sovereigns—I saw them in his hand—thinking something was wrong, I sent for a constable, and he was taken.
JOHN WILSON . I am porter of the West Ham Union—the prisoner was admitted as a pauper there on 22nd Nov., 1849, and discharged on 26th Dec.—he was re-admitted on 7th Jan., and discharged on 2nd Feb.—I do not know anything of him after that.
Prisoner's Defence. I worked hard for the money.
GUILTY . Aged 19.— Transported for Seven Years.
Before Russell Gurney, Esq.
JOSEPH HENRY SCHROEDER . I live at Stratford-green. On 15th April, a little after eight o'clock in the morning, while I was dressing, I saw the prisoner Abrahams outside my gate—he was sauntering about, and looking every now and then through the gate in a very suspicious manner—I watched him for about ten minutes—I then saw him look through the gate and beckon to somebody at or in the house, I could not tell which—I immediately heard my servant scream out below—I looked out of the window and saw Davis run from the house to the front gate, and Abrahams let him out—I immediately ran down, and with my gardener gave chase to the prisoners, and about a quarter of a mile from my house I came up with Davis—I collared him, and gave him into the custody of a policeman, who came up in a minute or two—we then searched after Abrahams, and found him secreted in a building, which was then undergoing repair—I gave him also into custody, and they were both taken to the station—these four dessert knives and forks (produced) are mine.
Cross-examined by MR. PAYNE. Q. Is there any mark on them? A. No.
ELEANOR CRAGGS . I am the prosecutors servant. On the morning of 15th April, about eight o'clock, I was in the hall—I had occasion to go to the dining-room, and saw the front window open—I had seen it shut a few minutes before—I went down-stairs and made inquiry of the servants if they had opened it, and afterwards returned to the dining-room, but was prevented from going in by somebody pushing against the door—I saw a man's hand—I ran down into the kitchen, and saw a man, who I believe to be Davis, leap from the dining-room window.
JOHN KENNINGTON . I am the prosecutor's gardener. I saw the prisoners together a few minutes after eight o'clock, as I was coming-out to go to breakfast—they were about a hundred yards from my master's, coming along together—I stood and watched them, they were lurking about, and in conversation together—I afterwards ran after them, and caught them—I found Abrahams concealed under some boards in a building.
Abrahams' Defence. I went to Stratford, on business; I heard a cry of "Stop thief!" I turned into this shed, and the gentleman came and caught me.
Butler, Convicted Jan., 1849, on his own confession, and confined one year)—I was present at that trial—Abrahams is the person—there was a former conviction against him then for a highway robbery, for which he received seven years.
(The prisoners received good characters.)
DAVIS— GUILTY . Aged 27.— Confined Three Months.
ABRAHAMS— GUILTY . Aged 21.— Confined Six Months.
Before Mr. Common Serjeant.
JOHN ROBSON . I am a boiler-maker, in the employ of the Eastern Counties Railway Company. On 7th Feb. we had a quantity of brass-tubing safe at Stratford, in a shed among the stores—I cannot swear to this produced, but I believe it to be the Company's property—I last saw it safe at the latter end of Jan., or the beginning of Feb.—I missed it in the beginning of Feb., but I cannot say what day—I know the prisoner—he was at work on the premises on 2nd Feb., and previously also.
Cross-examined by MR. PRENDERGAST, Junior. Q. Will you undertake to say you ever missed it till 24th April, when it was brought to you? A. Long before that—I have been examined before—I cannot say this is the same stuff, but it corresponds—it is used for flues in the locomotive boilers—that kind is not used in other engines in the east of London—there are other engines at Stratford using tubeing, but not that quality—there were about 600 persons at work on the premises at the same time as the prisoner.
WILLIAM STOREY (policeman, K 149). On 7th Feb. I saw the prisoner with this basket at Stratford, coming towards London—I asked him what he had got—he said, "Nothing"—I said, "Have you got a basket and nothing in it?"—he said he had nothing in it—he then said it was only a few things for the old woman—I said, "I know you are telling me a lie, the old woman is in Newgate now; I must see what is in it"—I went to look into the basket, and he said, "It is only old bits of brass; do not take any notice, and I will give you ten bob"—I told him be must come with me to the station—he begged very hard that I should not take him, and on the way he escaped—I kept the basket, and found it contained 20 lbs. of brass tubing, of which this is some(produced)—I did not see him again till 24th April—I knew him very well, and knew he was employed at the railway.
GUILTY . Aged 22.— Confined Four Months.
WILLIAM BAILEY SHACKLADY . I had a sow in the farm-yard on my father's premises—his name is John Shacklady—It was safe on 23rd April—I missed it on Wednesday 24th—I saw it again at Mr. Porcas'—it was my sow.
prisoner where he brought it from—he said, "Off the Forest"—I observed she had had some pigs—he said she had just left some; she had had eight.
WILLIAM BLUNDEN (policeman, K 281). I took the prisoner—I told him it was for stealing a sow—he said, "Very well"—I told him I was not going to ask him any questions, but if he had anything to say I should state it in evidence.
Prisoner. I said I had nothing to say to you just then; I was going down to Romford on the Wednesday; I saw a man with some beasts and the sow on the road; the sow ran on before the beasts; the man told me to follow it, and put it in at Mr. Carson's, and all I could get above 30s. for it I might have; I went there and sold it to Mr. Harmer; I took the money, and went back and met the man with the beasts; I gave it him, and he gave me half-a-crown; I went round the same day and got work.
GUILTY .— Confined Three Months.
Before Mr. Recorder.
JOSEPH HOYE . I am servant to Mr. James Butler, a farmer at Aldborough-hatch, Barking-side. On the morning of 23rd April I was called by Plow-right at four o'clock—I noticed that a clamp of potatoes belonging to my master had been opened, the straw stripped off, and about three bushels of potatoes taken out—I had seen it all right at half-past one that morning—the potatoes were Regent's, and worth about 4s. 6d.
HENRY PLOWRIGHT (policeman, K 106). I found the prisoner and another man at the clamp, and I found two sacks with three bushels of potatoes in them—the prisoner ran, and I ran and caught him—the potatoes in the sacks were the same as those in the clamp—the prisoner had no business there; it was an enclosed ground.
GUILTY . Aged 27.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 25.— Transported for Ten Years.
1000. ELIZABETH CLARK , stealing 1 saw, and 1 shawl, value 7s.; the goods of William Nathaniel Wallis Floyd: also, 1 waistcoat, 1 blanket, and 1 candlestick, value 9s.; the goods of George Wilson: to which she pleaded
GUILTY . Aged 32.— Confined One Month.
Before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined Two Months.
MR. CROWDER conducted the Prosecution.
BENJAMIN FISHER (policeman, R 272). On 29th April I was on duty at Woolwich Dock-yard at the main gate—at five minutes before six o'clock in the evening, the bell rang—the prisoner came towards the gate—the inspector touched him and desired me to search him—I found these two pieces of lead, one in each of his trowsers pockets—I took him into the office—he said, "I am a foolish fellow, it cannot be helped."
Cross-examined by MR. HORRY. Q. Were those the first words he said? A. Yes; I had said nothing to him before—he said as I took it from his pockets, "Well, I can't help it, a man gave it me"—he said, "I am a foolish fellow, it can't be helped"—he said the other words as well, but I forgot it at the moment.
WILLIAM JAMES BUDD . I am an inspector of police. I touched the prisoner and desired him to be searched—Fisher was getting out the lead when I went in the office—the prisoner said it was not Government property; that he got it from the other end of the yard—he said something about a boiler-maker or breaker who had given it him—I said, "Do you know the man?" he said, "Yes"—I said, "You will be able to point him out then?"—he then said he did not know him—I went with the sergeant to the shop where the prisoner was employed, and some other things were found in a box there—I brought up an unfinished plane; I walked into the office with it—the prisoner said, "You did not find that in the box?"—I said, "No, I found it behind the box."
Cross-examined. Q. Had the box the Crown lock on it? A. I believe not; it has the man's name on it—the other men have boxes in which they put their tools—I do not know that he knew he was in custody when he said a man gave it him, neither did I then—the sergeant got the key from him to open his box.
DAVID ROY . I am a clerk in the store-keeper's office in Woolwich Dock-yard. I know the prisoner by sight—he has been employed there about eight years as a wheelwright—on 29th April there was lead of this description in the Dock-yard—there is no mark on it.
Cross-examined. Q. Do you know that some time ago the prisoner was promoted? A. He got a higher rate of wages—I think his wages were 24s. a week—all the lead and metal in the yard belong to Government.
MR. CROWDER conducted the Prosecution.
WILLIAM JAMES BUDD . On 29th April, I went with the sergeant to search the prisoner's box; it was locked—I sent the sergeant for the key; he unlocked it—I found in it six packages tied up in brown paper—they contain brass and copper, and together weigh 32lbs.—here is a lock and five hinges; two of them have the broad arrow on them—I came up to the station with the plane in my hand—I took up these articles—the prisoner said, "You did not find the plane in the box?"—I said, "No, but behind it; what do you say to these packages?"—he said, "They are as I got them"—he said he never saw the inside of them—I said, "How long have you had them?"—he said, "Ever since the other man left"—that was Page—I said, "That is twelve months ago?"—he said, "No, not so much"—I said, "Well, nine months" and I said again, "How long have you had the packages?"—he
said, "A fortnight"—I said, "You said you had had them nine months?"—he said, "It is no use, I am guilty; I deserve hanging."
GUILTY . Aged 43.— Confined Twelve Months.
Before Mr. Recorder.
LEWIS BELLMAN . I am servant to Lieutenant Frederick Charles Standish, of the Royal Artillery, at Woolwich; he entrusted to my care a paper-knife, another knife, and a box, on 15th March—between that and the 26th, I saw the prisoner in the kitchen of the barracks, and showed them to him—I kept the box on a shelf in my room—I missed it about 29th March—I charged the prisoner with having it—he said he would go and try to find the things—in about half an hour, he said he had been to look for them, and could not find them.
Prisoner. He came up to me, and asked where the articles were that I had taken out of his kitchen; I said I had not taken anything; I would go and see where I was drinking last night.
JAMES HENDLEY . I am a corporal in the Royal Artillery. On 10th April I was in my room at the barracks—the prisoner called me outside, and took from under his waistcoat a dark-coloured case—he opened it, and showed me a paper-knife, with a blood-stone handle, and the blade gold; and a penknife, with a blood-stone handle—he said they belonged to his master, Mr. Davies, and he had been outside with them to a Jew to get them repaired—he afterwards said he found them in front of the barracks on Good Friday night—I told him to report the circumstance to his master—he said he would not do so that night—I saw him next morning, and asked him whether he had done so—he told me he had not, but had got drunk, and lost them—the lining of the case was white satin.
JAMES KEARNS . I am a gunner in the Royal Artillery. I was on guard on the night of 12th April—the prisoner told me he expected to be taken off guard, and said something about a box which he found on Good Friday night—he said in case there was a written agreement drawn up, and signed by the Colonel and the prosecutor, he would see about it.
Prisoner. He asked me what that servant wanted with me, and I said it was about that paper-knife, and I said if I had a written agreement I would give it up; this man's word is not to be taken; he was turned out of the police, and the riding-school at Woolwich, for his bad conduct. Witness. It is false.
WILLIAM GLADWIN (policeman, R 122). I apprehended the prisoner—I told him it was on suspicion of stealing a gold paper-knife and penknife, the property of Lewis Bellman, which he had previously shown him—he said he never showed them to him.
Prisoner. Q. Did you search a place where I had been drinking? A. Yes, I searched two or three places—I took you on the 16th.
(The corporal, Hendley, gave the prisoner a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Jury. —Confined
HUTCHINSON pleaded GUILTY .* Aged 19.— Confined One Year.
JOHN CARPENTER (policeman R 38). On 24th April, between four and five o'clock. I was on duty in High-street, Deptford—I saw the prisoners together—they looked into the prosecutor's shop window—when I next saw them, Williams was on the opposite side of the way, walking up and down in front of the shop; and Hutchinson came out of the shop, with a large parcel in his lap—he ran down a street, 200 yards from the shop—I ran down another street, and met him with these boots in his lap—I sent another officer, who took Williams about halfway down the same street—he was following Hutchinson down as he carried the goods—Hutchinson ran; Williams walked—at the station Williams said he had never seen Hutchinson before.
MARY ANN REEVES . I am the wife of Robert William Reeves. These eight pairs of boots are his property—they were taken from his shop, between four and five o'clock in the afternoon of 24th April—they are marked—I saw a man go out of the shop—I had had the boots safe a few minutes before.
Williams's Defence. I had only asked Hutchinson the way to the railway; that was all I said.
JOHN CARPENTER (re-examined.)They were talking; I do not know what they said; but if he asked his way to the railway, he did not go that way, but in an opposite direction—he was dressed like Hutchinson, and wore an apron like his—he did not follow him immediately.
WILLIAMS— GUILTY . Aged 19.— Confined Six Months.
Before Mr. Common Serjeant.
MR. METCALFE conducted the Prosecution.
MARY MYNELL . I am assistant to my mother, who keeps a shop at Greenwich. On 13th Dec. Thomas Collis Sutton was in a cart coming from Woolwich—Mr. Martin, another young man, and I, were in the cart—when we came to the top of Hog-lane, the prisoners were coming up in a chaise—Mr. Sutton went to draw the cart past them, and they turned their horse's head to the left—Mr. Sutton asked them to allow him to pass—they used very bad language, and drew on very slowly—they would not allow him to pass—when they came to the dock-yard they stopped in front of the horse—Mr. Sutton called to the men in the yard—he then tried to go on, and the prisoners turned their horse's head one way and the other—after we had passed the dock-yard gate, there was another stoppage, and all the prisoners got out of their cart, and they came some on each side of Mr. Sutton's cart, and one of them, I cannot say which, struck Mr. Sutton on the eye—I received a blow on my left arm and Mr. Martin received a blow from the same person—Mr. Sutton received a blow on the side of the eye with something about a foot long—I cannot say who struck that blow, for when I saw the blood run I was afraid—I think Mr. Sutton fell out of the cart—he was down in the road when I saw him—all the prisoners were then out of their chaise—they then got into their chaise and drove off—the prosecutor was quite sober.
LUKE JOHN KELLY . I know Thomas Collis Sutton—I saw him at the Yorkshire Grey on 13th Dec., about seven o'clock in the evening—his head was bleeding very much from a recent cut on the cheek bone—the three prisoners were there—Walsh said he was extremely sorry for what had occurred, and Grant held up his right hand, and said to the prosecutor, "This is death to you, you dog"—the prosecutor appeared to have been drinking, but he was greatly excited—there was much blood, and I lent him a handkerchief to wipe his face.
Cross-examined by MR. O'BRIEN. Q. What are you? A. A labourer—I did not see them drinking together—four or five minutes was all the time I was in the house—I came home with Sutton to his own house—they were all in the public-house when I went in—I did not see them pay for the liquor—Welch was standing up—the others were all sitting down—I saw glasses there, as is common in the parlour of a public-house—I was a policeman—I left it in 1832 or 1833.
NOT GUILTY .
(The prosecutor did not appear.)
(MR. METCALFE offered no evidence.) NOT GUILTY .
Before Russell Gurney, Esq.
JOHN STEPHEN WOLVERIDGE . I am a licensed victualler at Deptford—the prisoner was in my employ in March and April to clean pots—I paid him 1s. a day and his keep—on 19th April I sent him to Mr. Soames, the shipbuilder, with a sailor's advance-note for 2l. 5s.—he was to bring back the money—he did not come back—I next saw him on 30th in custody.
SAMUEL FRANCIS SOAMES . I am brother to Mr. Soames, a shipowner of Blackwall. On 19th April this advance-note(produced)was brought to me—I cannot say who by—I paid 2l. 5s. to the person who brought it—it has been in my possession ever since.
JOHN WHITE (policeman, R 180.) I took the prisoner on 30th April in a lodging-house at Woolwich—I told him he was charged with stealing 2l. 5s. of his master—when the charge was read over to him, he said he had received the money and lost it, and then he said that he was no servant.
Prisoner's Defence. I drew the money and lost it.
GUILTY . Aged 22.— Confined Twelve Months.
SAMUEL PARKINSON . I am a private watchman at Greenwich. On 15th April, about six o'clock in the morning, I was going off duty and saw the prisoners go down a court at the back of Mr. Hone's house—they had a bag with them—I went in doors to go to bed, looked through an up-stairs window, and saw them open Mr. Hone's washhouse and both go in—I immediately came down-stairs, went down the passage, and saw Tilling coming out of the washhouse with a bag, with something in it—directly he saw me he threw it into Mr. Hone's dust-hole—Wilson was out of the washhouse when I got there—I shut the gate to keep them in the yard—Mr. Hone came down—a constable was fetched, and they were taken to the station.
DANIEL WILLIAM HONE . I was called, and found the prisoners on my premises—I asked what business they had there; they made no reply—I got a policeman, who searched them—a piece of soap, and part of a spoon was found on Tilling, and a pair of clogs, a scrubbing brush, part of a shawl,
and a towel on Wilson—I identify the whole of them—they were in use the previous day.
Tilling's Defence. I went in there to case myself; I was buttoning up my clothes, when Parkinson came and shoved me into the yard, and kept me there till the prosecutor came down.
Wilson's Defence. I was outside waiting for Tilling, and they shoved me into the yard.
STEPHEN BOURKE (policeman, R 251). I produce a certificate—(read— Thomas William Wilson, Convicted June, 1849, and confined nine months)—Wilson is the person—he had only been out two or three days when this happened.
WILSON— GUILTY . Aged 16.— Confined Twelve Months.
TILLING— GUILTY . Aged 20.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY .— Confined Twelve Months.
MR. BRIERLY conducted the Prosecution.
EDWARD GARLAND COLSTON . I am assistant to my father and brother; their names are William and Samuel; they are woollen-drapers, outfitters, and tailors, at 23, Westminster-bridge-road. On 25th April, at eight o'clock, the prisoner came to our shop—I was engaged at the time—my father called me forward, and the prisoner went outside the shop—I went after him and asked him what he wanted—he said, "Some cloth"—I told I was disengaged, I could serve him, and went back towards the shop—I supposed he was following me, turned back, and he had walked off twenty yards from me down the road—I thought there was something suspicious about it, went after him, put my hand round his waist, and found these four yards of cloth (produced)under his coat, worth about 13s.—it was William and Samuel Colston's property—I gave him into custody.
Cross-examined by MR. PARRY. Q. How was he carrying it? A. his coat was buttoned over it—it is like our property—it was not hanging out of the door, but was on the counter—I had not seen it there, but I know it was in the shop—he only was in the shop about two minutes.
MR. PARRY called
DANIEL BISHOP . I am a wine-merchant, of York-street, St. James's, and am the prisoner's brother; he is fifty-three years of age—he was tried here in Nov., 1849, for two acts of pilfering—a nominal sentence of three days was passed by the late Common Serjeant, and he was given up to the care of his relatives, on the ground that he was not in a state to distinguish right from wrong—when this last act was committed, he lived at Walnut-tree-walk, Lambeth; I and his friends supplied him with the means of living—he has been asked whether he wanted more money, and if he had said he did, he would have had it immediately—I did everything except restraining his liberty, which I was afraid would aggravate his malady—he was in business as a linen-draper at Southampton, and failed seven or eight years ago—his mind was always affected, from his youth, and that made it much worse—he
was not capable of carrying on his business—frequently he has thought he has lost all chance of salvation, and I have seen him weeping and wringing his hands, and refusing to be comforted—my father was always considered insane, and a paternal uncle in the army would have been shot for striking his superior officer, but was acquitted on the ground of insanity—three brothers, distant relatives on my father's side, were confirmed lunatics, and restrained throughout their lives—I have been led by this, in some degree, to make the mind a subject of study, and have published on it—I consider the prisoner's mind is sometimes in that state, that he does not know right from wrong.
Cross-examined by MR. BRIERLY. Q. Do you suppose he did not know whose property he was taking; that he has no notion of property at all? A. It is very difficult to say the exact line of demarcation—I did not confine him after he had been tried, because I was apprehensive it would increase the malady under which I consider he had been labouring throughout his life, or for at least forty years; that it would aggravate it, and take away all hopes—I took it into consideration that other people's property had not been safe, but the value of the property is wholly inconsiderable—he is remarkable for his gentleness—I cannot tell how he spent the money I gave him—he did not live with me—I supplied him with clothing, gave him the means of paying his lodging, and left him to settle with the people himself—I have had no complaints that the people have not been paid—he boarded himself—I believe he left a few shillings unpaid once—he has been a trouble to me for forty years; in the early part of his life from his bodily health, and latterly his mental—he had a great deal of trouble with his business—on the 4th of each month he wanted large sums of money, and he never had it ready—I had more trouble to attend to his business than my own—I was at Southampton part of the time, and looked after his affairs—he carried on the business fifteen years, and lost 10,000l. all in business—I am satisfied he is of unsound mind.
GILBERT M'MURDO , Esq. I am surgeon of the Gaol of Newgate. I have examined the prisoner this morning—I am of opinion that he is of weak imbecile mind—I have heard the last witness's statement—a large failure in business, in many cases, weakens persons' minds—insanity is also transmitted—I have heard that his father and other relatives were insane—the larger the number of relatives that have been insane would increase the likelihood of his being so—it is probable that his mind is in such a state, that he sometimes does not know right from wrong.
NOT GUILTY, being insane.
NOT GUILTY .
GEORGE TWIDDLE . I am a grocer's assistant. Between twelve and one o'clock on the morning of 26th April I was in Jamaica-row, Bermondsey, with a friend—the prisoner came and asked us to go home with her, and we both went to a house in Rose and Rummer-lane—my friend went with another female we saw there, and I went with the prisoner—when I got into the room I was alone with her—I took out my purse, and saw I had four sovereigns and about 12s. in silver—I was quite sober—I gave her some money, and put my purse into my left-hand trowsers-pocket—I kept my trowsers on—I afterwards left the room, went into another room, found my friend and the other woman there; and in consequence of what my friend said,
I took out my purse—directly the prisoner saw that, she came behind me, pushed me into the room I had been in, shut the door, and said she was going for some beer, and went into the street—I looked at my purse, and missed four sovereigns; and the ring was slipped to the middle of it—I went after the prisoner, and could not find her—I then went to the station, got a policeman, and found her in a public-house in King-street, Borough.
Cross-examined by MR. PAYNE. Q. Did you give the other woman in charge? A. Yes; she was discharged—we had been to a concert at the Grapes Tavern, Southwark-bridge-road—what we had there would not intoxicate anybody—we went at seven o'clock, and came out just before twelve—we had only two pints of ale—we called at a public-house on our way from the Grapes, and had one pint of porter—I was going home when we met the prisoner—my friend was going to sleep with me at my father's that night—we did not go home at all.
EDMOND WALKER (policeman, M 274). I was called by Twiddle, and found the prisoner at the King's Arms, at half-past three o'clock—I told her she was charged with robbing a gentleman of four sovereigns—she said she was quite struck—she appeared rather the worse for liquor—I found 7s. on her.
GUILTY .* Aged 22.— Transported for Seven Years.
WILLIAM WARD . I am a broker, and sell jugs, among other things. On Saturday evening, 20th April, I had a jug at my door for sale—I did not miss it till the policeman brought it to me, with the prisoner—this is it (produced)—I know it by this paper patch.
WILLIAM WRIGHT (policeman, M 279). At eight o'clock in the evening of 20th April I was in plain clothes in the London-road, and saw the prisoner go to Mr. Ward's shop, and take this jug from a stall outside, put it under her shawl, and run across the road—I ran after her, and took her.
Prisoner's Defence. I did not cross the road at all; I was going to show it to a person with me.
Prisoner. It is a bit of spite the policeman has against me.
GUILTY . Aged 32.— Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
JOHN HOLLAND (policeman, V 102). On 17th April I was about half a mile from Mortlake—I saw Wood and Brown—I heard Wood say, just as they passed me, "Here he comes, let us cut down!"—Clewley then came up and joined them, and they all went together in the direction of Mortlake, where I saw them in custody about an hour and a half afterwards.
Cross-examined by MR. CHARNOCK. Q. Did either of them sit down? A. Yes, after they said that—the way that Clewley came was the way from Mortlake-creek to Mortlake-town, to take the omnibus—Wood and
Brown sat down till Clewley came up; and when he came, they got up, and the three went down the road.
JOHN WILLIAM NEWBY . I am a pork-butcher, of High-street, Mortlake. On 17th April the prisoner Wood, to the best of my belief, came to my shop about seven o'clock—he asked for a quarter of a pound of roast pork, and gave me what I considered to be a 5s.-piece—I put it into my till—I had no other—it remained there about three hours—I then gave it to a policeman—I had not put any other 5s.-piece into the till in the mean time—when Wood came into my shop, Brown was at the door, to the best of my belief—I speak as to his height and clothing—the pork that I served the man with, was rather underdone—next morning some pork was shown to me that resembled that I had sold—I cannot tell how much it weighed.
Cross-examined. Q. Was anybody else in the shop during the time the 5s.-piece was there? A. No—my wife serves when I am not there, but she was ill—I will undertake that no one could have access to my till, because I locked it—I have no doubt in my mind as to the person who came in and passed the 5s.-piece, but I should not like to swear positively—I am very near-sighted—I should not like to swear to the person who was outside.
Wood. Q. What time was I in your shop? A. About seven o'clock—I had not the gas lighted—I did not say it was a person with a blue dress; I said a dark dress.
SARAH POOK . I live with my grandson, Robert Dix, at Mortlake. On 17th April Clewley came for some pork, and paid me with a 5s.-piece—I examined it, as I had a suspicion of it; but my grandson, who was in another part of the shop, thought it was good, and I gave 4s. 6d. change—my grandson took the piece—I cannot say how Clewley was dressed, but it was in dark clothes—I had never seen him before—I have no doubt about him.
Cross-examined. Q. You have not always been so sure? A. Yes, I have—when the policeman came to the door with him I said he might be the young man—I was not so positive till I came to look at him—when he came for the pork I did not observe his features, I had quite enough to do to look at my pork—I say he is the person—when I saw him brought into the Court at Richmond, then I was certain—no policeman had been to me in the meantime, only the man who brought him to me—the policeman did not tell me that I must swear to the man—I had never seen him before that night—he might have been in the place five minutes.
ROBERT DIX . I am grandson of Mrs. Pook. On 17th April Clewley came for two pork chops—he gave my grandmother a 5s.-piece—she gave it me to look at—I saw her give him the change—he was not many minutes in the shop—I put the 5s.-piece in my pocket—I had no other in the house—I went and put it in a drawer up-stairs in my own room directly after I took it, which was about eight o'clock—nobody went to that drawer but myself—when I came home about ten that evening, my grandmother said it was bad—I went up and got it and gave it to the policeman, about eleven the same night.
Cross-examined. Q. You had never seen Clewley before? A. Not to my recollection, and then only for three or four minutes—I thought the 5s.-piece was good—I did not see the man come in; I was in the back parlour reading—I then came into the shop—the light was in the window—there was none on the counter—I saw Clewley the next morning at Richmond—the policeman called, and told me to come in the morning—he told me he had got the man—I saw Clewley on his way from the station to the Court—the officer did not point him out—I knew him at once.
about half-past eight o'clock in the evening, for half a pound of beef steak—he gave me a bad 5s.-piece—I asked him how he came by it—he said he found it down by the water side—I asked if he had any more of them—he said, "No"—I turned my back to call my wife, and he slipped out of the shop, and left the money and the meat too—I saw him again the same evening—I have no doubt of his being the boy—I marked the crown, and gave it to the officer Webb.
THOMAS GREEN (policeman, V 116). On 17th April I was near Mortlake, at a quarter-past seven o'clock in the evening—I saw the three prisoners; two of them were together, and the other close behind them—they came all three abreast when they came to where the path was wider.
Cross-examined. Q. Have you known Clewley? A. Yes, I have seen him with his father's barge.
JAMES WEBB (policeman, V 381). I apprehended Clewley—I found on him 2l. 14s. 1d., two pork chops, half a quartern loaf, and some pork, which was either baked or roasted—the other officer took the other two prisoners to Mr. Rowles' shop, and he identified Brown—I was present when the pork, which I had found on Clewley, was shown to Mr. Newby.
Cross-examined. Q. You found on Clewley 2l. 14s. 1d.? A. Yes; it is in this purse—it consists of a sovereign, two half-sovereigns, half-a-crown, and other silver—Clewley was at the Red Lion—that is not where the omnibus stops—he did not tell me that he was waiting to go by the omnibus.
JAMES LINE (policeman, V 282). I was at Barnes on 17th April. I saw the three prisoners together—I saw one of them go into a shop opposite Barnes-green—I went on, and they joined again, and went on—one of them called out "Browne," and one replied, "He has gone down this way" and they went towards Hammersmith-bridge—I received information from Webb that a bad crown-piece had been passed—I saw the prisoners together in four or five minutes afterwards—I was in plain clothes, and I got close to them, and heard one say, "We will take the first bus that passes"—I took Brown, and searched him—I found on him two halves of a half-quartern loaf—he said he had purchased it in London—I found on Wood 4s. 6d. in silver, and some coppers, good money, and a duplicate of two rings—I went to Dix, and received this crown-piece from him.
Cross-examined. Q. You go about in a flannel jacket sometimes, and light breeches? A. Not in light breeches—I am not nice as to what clothes I wear.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These crowns passed by Clewley and Wood are George III., 1820, and are counterfeit—this other, passed by Brown, is of the date 1819, and is also counterfeit.
Cross-examined. Q. Is this one passed to Dix a good imitation? A. Yes, it is very fair—I think I should not have taken it.
Wood's Defence. I went with Clewley to Mortlake; we went, and had a pint of beer; Brown was waiting outside for me, and he picked up something on the shore; Clewley came up, and I said, "Here he comes!" we went with him; I asked him for a shilling; I did not see him again till after we got past the Ship.
(Clewley received a good character.)
CLEWLEY— GUILTY . Aged 20.— Confined One Year.
WOOD— GUILTY . Aged 18.— Confined Eight Months.
BROWN— GUILTY . Aged 13.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ELIZABETH COX . I keep a shop, in Kennington-lane. On 29th April the prisoner came for some tobacco, and put down a bad shilling—I put it to my teeth, and found it bad, and he paid me with a penny—I marked the shilling, and put it on the parlour mantel-piece, where it remained till Wednesday morning—I then gave it to Martin, the policeman.
GEORGE WINFILL . On 30th April my wife gave me a half-crown—I took it to the gas, and looked at it—I went into the shop, gave it to the prisoner, and told him it was bad—he began to swear about it, and said he took it, with three others, of a friend—he took it, and went out—I had bit it, and made a mark on the Queen's ear—when the prisoner had gone I changed my coat, and disguised myself, and followed him—I saw him in the street, and heard a whistle, and in a few minutes some one joined him—I followed them both for some distance—I met the officer at the top of Priory-road—I then walked past the prisoner and his companion, and turned and met them—I asked the prisoner where he lived—he said what was that to me—I said he had a bad half-crown on him, which he had tried to pass to my wife—in the meantime the officer came up, and took him in charge.
Prisoner. Q. Were you near enough to hear me whistle? A. No, certainly not; I might be twenty or thirty yards from you—there are plenty of lamps there—the potboy came up, and I spoke to him.
Prisoner's Defence. I had been to a person's house, and took tea; I went to the witness's house for a quarter of an ounce of tobacco; I offered the half-crown, believing it to be good; they gave it me back; I went out, and met my friend; we walked on rather sharply, and Mr. Winfill came up and gave me in charge.
GUILTY .— Confined Twelve Months
Before Mr. Recorder.
1017. CHARLES DIXON , burglariously breaking and entering the dwelling-house of William Oldroyd, and stealing 2 boxes, and other goods, value 2l. 1s. 8d.; his property; having been before convicted: to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years.
GUILTY .— Confined One Month.
Before Mr. Common Serjeant.
when I came in the morning, the officer was there; he had Marriage in custody—I said to him, "How could you be such a rascal as to rob us?"—he said, "Lomas told me to do so."
Cross-examined by MR. CHARNOCK. Q. Did you say "rascal" or "rogue?" A. Rogue; John Donkin is my brother, and there is another partner—Lomas has been in our service about eight months—he is a labourer.
WILLIAM MARS . I am in the prosecutors employ. The prisoners were working there with me in the blacksmith's shop—we were taking some copper off the building, and throwing it on the ground—I said it must be taken to its proper place, the counting-house door—I have seen some copper here—I have no particular mark by which I can prove that it is the same copper.
JOHN POMEROY (policeman, M 130). On 12th April, at half-past eight at night, I was on duty at Star-corner, Bermondsey—I saw the two prisoners in a marine-store shop—I saw Lomas take from a handkerchief the copper I now produce, and put it in the scale—I went in—Marriage was in the shop, about two yards from Lomas—I asked Lomas how he came by the copper—he told me he bought it of a man at the bottom of the Blue Anchor-road—I said I was not satisfied, and I asked him to go to the station—when we got a little way he told me I ought to have taken the other party in the shop; that was the man that gave him the copper—I asked him where he was at work—he said he had been pulling down a roof, and this copper he took to get some beer—I asked him where he worked, he would not tell me that—he said it would be all the worse for him if he did—I made no reply—I found the prosecutor the next morning, and described the other party who was in the marine-store shop.
Cross-examined. Q. You have never compared this copper with any other? A. No.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
HENRY BURROWS . I live at 6, White-street, Waterloo-road, and am a sailor. On 4th April, between eight and nine o'clock, I went to a public-house called the Herb of Waterloo, in Waterloo-road, kept by Okey—I was nearly drunk when I went in—I had nine sovereigns and a half in my left waistcoat-pocket, and a crown-piece in my right waistcoat-pocket—I remember seeing Frost there—he had a white smock-frock on, and a red handkerchief round his neck—I wanted to go to sleep, and I did fall asleep—when I was sleepy Frost was near me, and he was fumbling at my waistcoat-pocket, but I was too drunk to take notice of it—I paid for what I drank there with some silver—I did not change any gold—I afterwards was taken to the station, and when I got sober I missed all my money, and my hat and handkerchief were gone, but when I got home a single sixpence was found on me.
Cross-examined by MR. COOPER. Q. How did you get to the Hero of Waterloo? A. I was paid off from the Seringapatam—I went on an omnibus from Poplar—there were no persons with me—I got off at Waterloo-bridge—I went to the York public-house, on the Surrey side, for some drink, but they would not serve me—I then went to the Hero of Waterloo, and there I got served—I did not meet with any lady as I went over the bridge, nor offer to treat one—I counted my money when I got off the omnibus.
MR. PAYNE. Q. When did you last know your gold was safe? A. When I got off the omnibus at the foot of the bridge—no one was near me to take it before I got to the Hero of Waterloo.
MARY BRITAIN . I am barwoman at the Hero of Waterloo. I remember the prosecutor coming there on the evening of 4th April—three or four coal-heavers drank with him—I saw Turner there; he drank with him—Turner told me that the sailor was a relation of his, and that he was not so drunk as he pretended to be—the sailor went to sleep—the coalheavers that he had been drinking with, were near him at the time he was asleep, but not Turner—after Turner had said about his being a relation, he still remained in the house—I heard of the sailor being rubbed—Turner still remained in the room—he paid for a glass of gin-and-bitters, which the sailor had—I said to Turner it was a pity that the sailor should have any more drink, and Turner said he was not so tipsy as he pretended to be, he could go home if he liked.
Cross-examined. Q. I suppose when persons are drinking they get very intimate, do they not, and talk about being relations? A. Yes, sometimes; there were a good many coalheavers and other persons there—there is a cabstand near there, and cab men were there—the sailor paid for two pots of half-and-half, and some rum—he paid about half-a-crown altogether, in silver and copper.
RICHARD WILLIAM BAKER . I am a porter at the South-western Railway station. I went into Okey's, at a quarter before nine o'clock that night—I saw both the prisoners and the sailor there—Frost was dressed in a white smock-frock and a white straw hat—the sailor's head was lolling on Frost's breast—I saw Frost put his hand into the sailor's right-hand trowsers pocket, and take some halfpence out, which he gave to another man, who is not in custody, and he called for a pot of beer—Frost had a white straw hat on, like a sailor's hat, only not covered—when Frost took out the halfpence I looked at him, and he kept his eye fixed on me—I then saw him put his hand into the sailor's waistcoat pocket, and he took out something, but I did not see what it was—I said to some parties who were there, "That man is robbing the sailor"—I should have given him into custody at the time if it had not been represented to me that Turner was a cousin of the sailor.
Cross-examined. Q. You say Frost kept his eye on you? A. Yes; I have no recollection of having said before, that it was either his jacket or his waistcoat pocket that he put his hand into, I could not say which—I might have said so—I was not present when Turner said he was a relation of his—it was represented to me—Frost was two or three yards from me when I saw this doing—I have been about two years and a half on the railway—I go into that house to take what refreshment I require.
MICHAEL CONNOLLY . I am twelve years old. I was at Okey's that night—I saw both the prisoners—Frost was dressed in a white smock, and had a red handkerchief—I saw the sailor there—he was quite drunk—I saw Frost put his hand into his jacket pocket, and take out some biscuit—after that I saw him take the sailor's handkerchief from his jacket pocket—he put it into his own pocket—I then saw him lift up the sailor's jacket, and put his hand into his waistcoat pocket, and take out a handfull of money, which he put into his own pocket—Frost took the sailor's hat off, and put it on his own head—Frost then went out—while Frost was doing this, Turner was sitting next to Randall; he was near enough to see what Frost was doing—Turner opened the door while Frost went out—that was after he had taken the money, and hat, and handkerchief—Frost left his own hat in the public-house.
Cross-examined. Q. When did you first tell this, and where? A. To Mr. Norton, the Magistrate, on Friday morning—this was on Thursday night—I never accused a person named Mee of robbing the party—I did not go with Cuddy to another public-house to see Mee—I went with Cuddy to look for Randall, because Randall was sitting next to him—it was not proved that
Randall was not there that night—I was in the service of a fishmonger—I was discharged for stealing some paper—I was not charged with taking a sovereign—Gates was one of the persons that were at the public-house—it has not been proved that he was at another place—I went to the house to get out of the wet—I did not tell the landlord of this; I thought they might hit me.
MR. PAYNE. Q. What paper was this? A. Some waste paper, worth 6d. or 8d.—two or three of us, and the foreman and all, got a sack of it—I have never been in prison at all.
WILLIAM JOHNSON . I am potboy, at the Hero of Waterloo. I saw the sailor there, and Frost—they had two pots of half-and-half, and some rum—Turner had some gin—I saw Frost go away with the sailor's hat on his head.
Cross-examined. Q. Did you know Frost before? A. I saw him there once before, when the cellarman turned him out—when he went out with this sailor's hat on, I could see him and so could everybody else—he had been in the house about an hour—he had been drinking with the sailor.
JAMES CUDDY (policeman, L 194). I received information about nine o'clock at night on. 4th April—I was passing by the Hero of Waterloo, and the sailor was brought out by one of the waiters—he was drunk—I took him to the station—he complained of being robbed of his money and his hat—he did not then state what money—I went to Frost's, about half-past ten that night—I found him in bed at his lodging—I told him he was charged with robbing a sailor of his hat and some money, at the Hero of Waterloo—he said, "I was certainly there, but I know nothing of the robbery"—I found on him 6s. 6d. in silver, and 8 1/2d. in copper—there was a white smock-frock in the room—I made search for Turner, but could not find him for four days after.
JAMES LAMB (policeman, L 72). On the night of 4th April the sailor was brought out from the Hero of Waterloo—I assisted in taking him to the station—I noticed that his trowsers-pockets and jacket-pockets were turned out—I saw both the prisoners and three or four other coal-porters in the Hero—I went to Turner's about 12th April, but I could not find him till the 16th—I told him I wanted him for that robbery, of the sailor at Okey's—he said he was not there while the sailor was there—when he was at the station he said he went in, and had a glass of gin with the sailor.
(The prisoners received good characters.)
FROST— GUILTY . Aged 29.— Confined Six Months.
TURNER— NOT GUILTY .
JAMES GLOVER . On 29th April I was at work at a building at Camberwell—at twelve o'clock I left to go to dinner; I returned in about ten minutes for my jacket—I saw the prisoner at the back of the building, walking away—I jumped on the scaffold, and missed two trowels, which had been safe at twelve—I ran after the prisoner—he saw me, and threw the trowels away—I laid hold of him, and told him he had stolen them—he said he had not—I took the trowels, and led him to the station—one of them belongs to George Field, and the other to John Woodbine—I know them, and have used them—Field and Woodbine are now at work.
Prisoner's Defence. I was going to seek for work; as I was walking along the road, the man called me, and said, "I want you;" I turned to
him, and he had the trowels in his hand; he took hold of me, and said he would give me in charge; I freely accompanied him to the station.
WILLIAM SMITH (police-sergeant, P 32). I produce a certificate of the prisoner's former conviction, at Newington, by the name of Richard Pye—(read—Convicted March, 1837, and confined two months and whipped)—the prisoner is the person.
GUILTY . Aged 20.— Confined Six Months.
MR. PARNELL conducted the Prosecution.
JAMES NEWTON . I am shopman to Mr. William Thomas Marsh, a grocer, in Lambeth-walk. On Saturday, 6th April, when he went to his tea, he said something to me; in consequence of which I watched the prisoner, who was in his service—Mr. Marsh's brother, and a shopman, and a porter, were there—I watched the prisoner when he gave change to a customer—he served a quarter of a pound of 4s. tea, and a pound of 4d. sugar—the customer gave him half-a-crown—the prisoner threw it into the till—he took out 2d. in copper—he then put his hand into the bowl where the silver was, and took out two shillings—he gave one shilling to the customer, and the other he kept in his hand; I could see the rim of it—he walked halfway down the counter, and put his hand behind his coat—I went up to him, and said, "John, you have got a shilling; I saw you take it"—he made no answer—I drew his hand out, and his hand was open—I then searched two pockets on the right of his coat, and could not find it—Mr. Marsh's brother then said, "Here is another pocket you have not searched"—that was an inside coat-pocket on the left—in that I found one shilling, and nothing else—it was a pocket in which he could have put it by putting his hand behind him—when I put my hand into the pocket where it was, he said, in a whisper, "Don't, don't; get away!"—he was in the shop when I made this search—he afterwards went up-stairs, and as he was going up I heard him say it was a bad job—we called Mr. Marsh upstairs by stamping our feet, and he gave him into custody.
Cross-examined by MR. LILLEY. Q. How long have you been in the service? A. About five months—these directions were given in consequence of what I myself had said—at the time I saw the shilling in the prisoner's hand I was on the right-hand, behind him—I was watching him—I saw the edge of the coin—I saw enough to know that it was a shilling—I think there is a distance of about three feet between the counter and the shelves behind—I will not be positive whether I have ever said that when I saw the prisoner take the shilling I ran towards him—he put his hand behind him—that was a pocket in which a handkerchief is usually kept—he did not make the slightest resistance to my searching him—he was remanded on the first examination—I was present at both examinations—I believe Mr. William Marsh was examined besides me on the second occasion—he spoke, I will not be positive whether he was sworn or not, I think he was—the prisoner has been in Mr. Marsh's service the whole time that I have—we have been on very good terms—I do not know whether I am the senior shopman—we are all on the same footing—he is the senior in point of years—I think we did have one quarrel with reference to my discharge of my duty as shopman—I did not, in consequence of what passed, refrain from speaking to him for days; in a short time we made it up—when I first spoke to him, on seeing he had got something in his hand, I said, "John, you have got a shilling"—I will not swear that I never said, "You have got something"—there was other money in the till besides shillings.
WILLIAM THOMAS MARSH . I am the prosecutor, I carry on business in Lambeth-walk. The prisoner was in my service since Jan.—on this Saturday I gave directions to the last witness and went away—in about twenty minutes I was called by a stamp on the stairs, and the witness said, "John has a shilling belonging to you"—the prisoner said nothing—he was being searched—the shilling was not found at that time—two pockets were searched, and it was not found, then a third was searched and it was found—just before the shilling was found he said, "Don't, don't"—he did not like them to go to that pocket—he made a remark to Newton when he said, "I have not done with you yet"—after the shilling was found, he said it was a bad job—the policeman took him up-stairs.
Cross-examined. Q. I suppose you had a good character with him? A. Yes; he was fourteen months there—I had watched the prisoner—I was never near enough to see him take any money, but I had seen his hand go to his pocket sometimes, immediately after serving a customer.
EDMOND ALFRED MARSH . I recollect a few words between the prisoner and Newton—I should say it was a month or five weeks before the 6th April—they had been on good terms, to all appearance, since that—I was present when the prisoner was taxed about the shilling.
JOHN HARMSWORTH (police-sergeant, L 11). I was sent for about five o'clock on that Saturday, and took the prisoner—I found a shilling in his waistcoat-pocket, and in his trowsers-pocket a purse with eight shillings in it—I searched his box, and found a purse with twenty-six shillings in it, and a 2s.-piece, and in his box six sovereigns and a half-sovereign.
Cross-examined. Q. Did you find a savings-bank book? A. Yes; it was given up to the prisoner at the police-court.
(The prisoner received a good character).
GUILTY. Aged 24.—Recommended to mercy by the Prosecutor. —Confined
MR. BIRNIE conducted the Prosecution.
HARRIET BUCKMASTER . I am the wife of Samuel Buckmaster, we live at 4, Norris-rents, Snow's-fields, Bermondsey. Butler was employed by me as a needle and charwoman for the last five months—she had free access to all parts of my house, but did not sleep there—on 16th March, she was at my house as usual, and was employed in cleaning the bedroom—I sent her to my bedroom, at half-past three—she came down in half an hour and went up again—I afterwards sent the child up-stairs, and the said she was gone—I went up, and she was gone—I did not see her again till the 18th of April—my money was in a box under my bed—the box was locked; the key was on my drawers—I opened the lock and everything was turned over in the box—the money was gone; it was in a purse, and the purse rolled up in a little handkerchief—the purse contained 50 sovereigns, a 10l.-note, and the silver—I can positively swear to this silver foreign coin, and this sixpence, which has two small holes in it—there is a medal beside—this foreign coin was found on the prisoner, and the sixpence on Butler—I remember on the 10l.-note there was the name of "Gibson, Change-alley"—when Butler went from my house, she left her bonnet and shawl behind her—when I saw her again on the 18th of April she was in bed in Gillingham's house, in Bluegate-fields, and said she was in a dying state—I asked her if she had had a doctor—she said, "No, I
don't know what is the matter with me; ever since I have been in this house I have been in a dying state"—when she left my house she was perfectly well, and I never knew her to have an hour's illness before—I had seen my property all safe, including this coin, on the Sunday before, and no one had been in my bedroom but Butler.
Cross-examined by MR. O'BRIEN. Q. Do you know of your own knowledge that this house belonged to the prisoner? A. No; I do not know at all the number of the 10l.-note.
WILLIAM CHARLES POTTER (policeman, K 212.) On 18th April I went to a house in Blue-gate Fields—I saw Butler in bed—I asked her name—she said Williams—I asked her where she came from—she said from Westminster—the prisoner was present, and I then asked her how long Butler had been there—she said, "About a month"—I asked her if she knew her—she said, "No;" she came there for a lodging—I asked the prisoner if she had seen any money about her—she said she had laid out a few pounds for her while she was in bed—she said she had had wine, and gin, and oysters, and lamb chops—I then asked the prisoner whether she had changed any note—she said, "No," she had not; she had not seen one—I then left Butler in custody of another officer, as I was not certain she was the woman—I went to Mrs. Buckmaster's, in Snow's-fields, and she came and identified Butler—the prisoner was not in then, and I went to look for her—I saw her coming by King David-lane station, and I called her in—I said, "What about the note? what have you done with the note?"—she said, "I know nothing about it; I had no note"—I said, "The old lady says that you had" (I meant Butler)—the prisoner then said, "I will go up and see her"—she went to her own house, in Blue-gate Fields, to see Butler—I went with her—I then, in her presence, said to Butler, "What about the note?"—Butler said, "I gave it to the landlady?"—Gillingham then said she left it at the Royal Sovereign for safety, if the old woman should die, to put her underground—she did not say that in Butler's presence; we were going out of the door at the time—I searched the bed where Butler was lying, and there I found three sovereigns, four sixpences, and two small pieces of silver, and this purse, which was identified by the prosecutrix—that was all I found in the bed—I did not see the prisoner afterwards on that day—on the 23rd I apprehended her, and told her I wanted her for receiving the note, knowing it to be stolen—she said she did not know it, and she pulled out a pocket-book and gave it me, and in it were these pieces of coin—I asked her how she got them—she stated that they belonged to her son, and she had had them some time—the prosecutrix identified them—I am quite clear that the coins that she said belonged to her son were what are identified by the prosecutrix—she distinctly identified one, and she says she had such a piece as the other—I then said to the prisoner, "They have missed some foreign coin"—she then said, "It was swept up in the house"—I found on her one sovereign, seven shillings, and one penny.
Cross-examined. Q. You went to the house on the 18th, but did not apprehend the prisoner then, but on the 23rd? A. Yes; when the prisoner said she had received the note from Butler, and left it at Smith's, the Royal Sovereign, for safety; we were just coming out of the door, but Butler might have heard it—Butler did not say anything at that time—she had said, immediately before, "I gave the 10l.-note to the woman to mind"—I do not know whether the prisoner heard that—I did not learn from Butler, in the prisoner's presence, that she had given her the note to mind.
COURT. Q. Did Butler say anything more about this in the presence of
the prisoner? A. She did not; she did not make any defence to the charge; she was too far gone in drink, and illness beside—one of the girls of the house was giving her wine when I went in—the prisoner said she had been there a month.
WILLIAM SMITH . I keep the Royal Sovereign, in Bluegate-fields—I know the prisoner. On 16th April, she gave me a 10l. Bank of England note—she said she had a female acquaintance of hers lodging in her house, and she was very ill, and she had got a 10l.-note.
COURT. Q. Did she say "she" or "I?"A. She said she had a female lodger that was very ill, who had given her a 10l.-note to take care of, and she had not got a place she could lock it up for any safety at her own house, and she asked me if I would take care of it for her, in case she should want necessaries, or if she should die that she should be put decently in the ground, as she was very ill—I looked at the note, and saw the name of Gibson on it—in the course of that day the prisoner came and said the female wanted some refreshment, and she had no money, would I lend her 10s. on the note, and I did so, and the next day was my brewer's day, and I paid that note away with a 10l. bill—I was told I ought to get the note back if I could, and I went to the Bank and waited some time, and I went to the brewers, and they sent me to Barnett and Hoare's—I went there, but they could not give me the number or date of the note—the prisoner did not come to me afterwards about the note.
Cross-examined. Q. When did the policeman come to you? A. On the 18th; I paid the note away on the 17th.
COURT. Q. What time on the 16th did the prisoner give you the note? A. About the middle of the day.
JURY. Q. Have you known the prisoner? A. I have known her some years, ever since I have been there.
COURT to W. C. POTTER. Q. Was the money in the purse in the bed? A. It was in the purse—Butler seemed very ill, as if she had been drinking a great deal—the reason I went there was, a sailor had lost his jacket, and I went in and saw Butler there—the prisoner said there had been a medical man called in to see Butler—I did not hear that from Butler—she was afterwards attended by a medical man, a week before she could have her examination.
HARRIET BUCKMASTER , re-examined. I had such a medal as this, and this other piece I can swear to—when I went there, Butler told me that they must have given her stuff to stupify her, she had been ill from the time she went in the house—she never had a day's illness when with me.
GUILTY .* Aged 49.— Transported for Ten Years.
ANDREW SHAW . I am a baker. The prisoner was in my employ four years ago last Christmas—I have not been able to see to my books, my wife does—I am quite satisfied that the receipts to these three bills of the 2nd, the 9th, and the 16th of March are the prisoner's writing—he has not accounted to me for these three sums.
SARAH SHAW . These bills are receipted by the prisoner—he has not paid these sums to me or my husband—I make the entries in the cash-book myself—the prisoner ought to give me an account of what he receives—none of these are entered—he has not paid me any money since the 15th of Feb.
of Mr. Shaw—3s. 6d. on the 2nd of March, 3s. 6d. on the 9th, and 3s. 2 1/2d. on the 16th.
ROBERT WOODS (policeman M 185). I took the prisoner at his own house on 22nd Feb. I told him Mr. Shaw wanted to see him—he said he knew what it was for, he was sorry for it, and he had got a situation of a shilling a week more than he told his wife, and he intended to pay Mr. Shaw by instalments.
Prisoner's Defence. I had no intention to defraud Mr. Shaw; I meant to pay him. I am sorry; I should have paid him if I had had time.
(The prisoner received a good character.) GUILTY. Aged 34.—Recommended
to mercy by the Jury.— Confined Seven Days
MR. PLATT conducted the Prosecution.
JOHN BASS . I am a superannuated inspector, and live in Park-place. On 3rd May I was in Clapham-park—the prisoners followed me a considerable distance—there were gas-lamps, and I could see their faces—Leonard came up to me on the right side, caught me by the arm with her left-hand, and asked me how I did, and to go home with her—I said, "No, I don't want you"—I just put her away—she laid hold of me by the collar with her left-hand—I slightly turned my head to disengage myself, and perceived a man—Leonard applied a heavy blow to my mouth, which I thought was with a handkerchief, or some soft substance, but it stunned me—before I could recover myself, I was struck a heavy blow with a fist on the back of my head which stunned me—it was from neither of the women—I fell on my left side—Leonard threw herself on the top of me, and at the same moment I received several severe kicks in the back, which could not be from a woman—Leonard kept the handkerchief to my month—I resisted all I could to keep it away, for I suspected there was something deliterious which I was to inhale—I smelt something unpleasant, but the time was so short I could inhale but a very little—Conner laid hold of my watch—she had a difficulty to get it out, but she did—I caught it by the guard, and had it in my hand when the police came—Leonard got her hand into my pocket with the money, and took some out—I laid hold of her hand, but could not hold it—I felt money in her hand—I got two or three pieces of money, and put them under my thigh on the ground to take care of them—I lost half-a-sovereign and about 8s.—I called "Police!" and "Murder!" and a policeman came—I was very much alarmed—I was not six hours out of bed from Friday night till Tuesday morning, and my head was very much affected—I had to use applications both to my head and back—I am not sure that I inhaled anything—I did not know the policeman—I still kept crying "Murder!" after the second policeman came up.
Leonard. Q. If I put a handkerchief to your mouth, how could you call out? A. By severe struggling I got the handkerchief away—I was not lying on the ground when you came up.
Conner. Q. If you were senseless, how do you know that I took your watch? A. I was so far sensible that I knew what was going on; but if the police had not come, I must have given way—I was perfectly sober.
and the prisoners were three or four steps from him walking away—I stopped them, and asked them what they had been at—Leonard said, "It is not us, policeman, it is a man just ran down that way," pointing to the very way I had come—I had met no one, and must have done so if any one had gone that way—I took them both to Bass, who was lying down—he said he had been knocked down by two females and a man, and robbed—his watch was in his hand—he said Leonard had pulled it out—that he was knocked down and hit on the side of the head by Leonard, and then received a kick or blow on the back by a man who he had got a glimpse of—he seemed hardly to know what he was about, as if tipsy, but when he got to the station, he came to himself very quickly, and said he had lost a sovereign and eight shillings—sixpence, a penny, and a pawnbroker's ticket were found on Conner—about four o'clock in the morning, I found two shillings and a half-crown in the grass, fourteen or fifteen yards from the spot where Bass lay—both prisoners had walked in that direction; I found one shilling and a sixpence where he lay—he said he had taken money from his pocket and put it there—there was a gas-lamp 100 yards off.
Leonard. You said you would let us go, and take him to the station; he said he would strike you with his stick and us too. Witness. He would not believe I was a constable at first till I turned my light on; but another constable came up who knew him, and called him by name.
WILLIAM JESSES (policeman, P 138). I heard cries of "Murder!" and "Police!" and found Bass on the ground, with his watch in his right-hand, and the guard twisted round his wrist—he seemed quite stupified from alarm and confusion—I have known him fourteen years, and never knew him tipsy—he is a very respectable man—he kept calling "Police!" after I got up to him—I called him by name, and he asked who was speaking to him—I said, "Jessee," and he said, "I am all right, the police have come"—I stood him up on his legs, and took the prisoners in charge—when we had got about fifty yards towards the station, Leonard said to Conner, who was about ten yards behind, "I would have stopped the old b—r's hallooing if I had known I should be caught like this, the b—y old thief; I would."
Conner. Q. Was not he in such a state of intoxication that he required two policemen? A. He was injured to that extent that he could not walk, and was obliged to be carried.
Leonards Defence. I have not done such a thing.
Conner's Defence. When we went up we found him lying on his back, calling out "Police!" and "Murder!"
LEONARD— GUILTY .
CONNOR— GUILTY .
Transported for Fifteen Years.
(The officer stated that both prisoners had been convicted of similar offences, and had had six months imprisonment).
Before Russell Gurney, Esq.
1026. JOHN WAKE and MARY ANN SEYMOUR , robbery on Richard John Hudd, and stealing 1 waistcoat, 1 handkerchief, 1 cap, 1 pipe, 1 tobacco-box and 1 knife, value 6s. 6d., his property; Wake having been before convicted.
RICHARD JOHN HUDD . On 15th April I was at the Victoria Theatre—after I came out I went into a coffee-shop in the New-cut, and saw Seymour and the witness Melbourn—Seymour asked where I was going—I said, "Home"—she said, "Shall I go with you?"—I said I did not want her—
she said, "Oh come along with me"—she said she was cold, and had some gin and peppermint, and then some coffee—I treated her—as we were going out of the house she said she did not want me for a minute—she went out and came in again, and then I accompanied her to 49, White Horse-street, New-cut—when she got in she sat down in a chair and said, "I want 2s. of you"—I said, "What for?" she said, "For showing you where I live"—I took my cap off the table and said, "I am going home;" and as soon as I had said that the prisoner Wake ran out from underneath the bed, took the poker out of the fender, and swore he would dash my brains out if I did not give the 2s.—another girl came into the room, and she took and fumbled my pockets—the prisoners were holding me at the time, and threatening me, and pushing me about—they made me pull off my waistcoat, and the girl that is away took off my neckerchief—the prisoner was hitting me in the chest—as soon as they had taken my things away I went out of the house—they followed me down-stairs, and went down a street just before you come to the house, and I went after a policeman—I found one in the Waterloo-road, and he returned with me to the house—I lost my waistcoat, handkerchief, cap, tobacco-box, and pipe—the girl that is away, took a knife out of my watch-pocket, and Wake my tobacco-box and pipe—Seymour did not take anything.
Wake. He said he had not got 2s., and he would give the girl these things instead. Witness. I did not; I did not give her any of the things—I pulled off my waistcoat while they were rummaging my pockets.
EMMA MELBOURN . I was near the Victoria Theatre on 15th April, and saw the prosecutor come out of the coffee-shop with Seymour—she asked me if she might take him to my room—I said, "Yes," but I did not know that this was going to occur—I went up-stairs with them—I did not know that Wake was in my room at that time—I came down and stood at the street-door; and shortly after, hearing a disturbance, I went up to see what was the matter, and found Wake holding the prosecutor by the collar of his jacket, and Seymour had got her hand in his pocket—there was no one else there—I saw Wake take a meerchaum-pipe from his pocket—I had seen Wake about half an hour before in the Waterloo-road—I did not see him with the prosecutor—I am not aware that he was in the coffee-shop.
JOHN HAYTER (policeman, L 177). I took Seymour into Custody, on the morning of 22nd April—I said it was for being concerned with Wake in robbing a young man named Hudd of a waistcoat, handkerchief, and tobacco-box—she said, "I never had any of the things; Wake and Julia had them."
JAMES FROST (policeman, L 59). I took Wake into custody, about one o'clock, on the Sunday morning before the robbery, in Gibson-street, Waterloo-road—I told him what it was for—he told me the girl Julia's man was wearing the waistcoat, and also making use of the Meerchaum pipe; and as to the other things, he never had one of them; but the girl's man, who was along with Seymour, sold the knife at a public-house in Granby-street, for 6d., and he had a portion of the bread and cheese out of the 6d.
Wake. I told you I knew nothing about the robbery; all I knew of it was that the girl Julia had the things out of the room. Witness. He said he did not know any thing of the robbery.
Wake's Defence. On 15th April I went to a beer-shop in Lambeth-walk, with some more young men, and stayed there till twelve o'clock; we came into the Waterloo-road, and went into a coffee-shop; we were the worse for liquor; we had some coffee, and came out; they wanted me to go and have some more beer; I said, no, I should go home and go to bed; they said, if I did, they would come and pull me out; they went into a coffee-shop, and I
went home, to 49, White-horse-street; after I had been there some time I heard somebody coming up-stairs, and I blew out the candle, and got under the bed, thinking it was them come to pull me out; it was this girl and the prosecutor; I thought if I got from under the bed it might deprive her of her money, so I kept there; they sat there some time, and after they had been on the bed he would not give her the money; the took hold of him by the collar, and he gave her a cap, a tobacco-box, and a knife; she said that would not do; I came out, and said, "What game is this?" and told him to give her the money; on that, the other girl, Julia, came up, and Melbourn and her mother, and I went out, and let them settle it among themselves.
FREDERICK LANGTON (policeman). I know Wake by the name of Thatcher—I was present when he was tried at Horsemonger-lane, in 1847, for robbing a shop in the Brixton-road—he had six months—I produce the certificate—(read)—he has been in custody several times since.
WAKE— GUILTY .— Transported for Ten Years.
SEYMOUR— GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
GUILTY .— Confined One Year.
GUILTY.—Recommended to mercy by the Prosecutor, who promised to employ
him.— Confined Fourteen Days
GUILTY . Aged 27.— Confined One Year.
Before Mr. Common Serjeant.
JAMES THOMAS KIBBLE . I live in Chapel-street, Stock well, in the parish of Lambeth, and am a bootmaker—it is my dwelling-house. On 1st May, about nine o'clock at night, I saw my workshop safe—I did not try it—next morning I received information, and went there, and missed five pairs of boy's boots, and one pair of Wellington's, which were safe the night before—these are them (produced)—I know them by the make and stamp.
HENRY CHESSMAN . I am Mr. Kibble's journeyman I left the shop safe at half-past nine o'clock, and shut it up, but not with a lock; it only latched—next morning I found it open, and the work all thrown about—I missed five pairs of shoes, a pair of Wellington boots, and a hat of mine, which I left there—this is it (produced.)
JOHN MARTIN . I live at Stockwell. On 2nd May, in the evening, I was working at Mr. Matthews's, at Clapham Rise, and found a bundle of boots in a gooseberry bush, about 500 or 600 yards from Mr. Kibble's.
STEPHEN STANDAGE (policeman, P 355). On 2nd May, about a quarter to nine o'clock, I was hid behind a gooseberry bush—the prisoner came and caught hold of a bundle which was there—he saw me, and threw it down—I pursued, took him, and asked what he did there—he said he came there to case himself—I found this hat on him.
GUILTY . Aged 25.— Confined Twelve Months.
(There was another indictment against the prisoner.)
RICHARD HINES . I live at Wandsworth. On Sunday, 28th April, I was in Battersea-fields—I had been with two young men in a beer-shop the first part of the afternoon—the prisoners, and a man named Cooper, and another young man, were drinking with me—Hopkins produced 1d. towards another pot—I refused to pay it—I had 6s. and a few halfpence in my left jacket-pocket, and a tobacco-box—I had not too much drink—I am sure I had the money—I left the house—the prisoners followed me about 200 yards, and the other man—they came up—Hopkins knocked me down—they straddled me, and swore if I did not give them money they would rip my guts open—I knew Hopkins before—I managed to get to the tent, into the back part, and they pulled me out by my heels—Hopkins got a libbet, a cock-shy stick, about five inches round, and swore he would beat my brains out if I did not give him my money—I do not know which dragged me out; they were both together—Russell then got the libbet, and swore he would knock my brains out—they pulled my handkerchief off my neck, and pulled off my shoe and my belt, and wanted to borrow a knife to get my other shoe off—about five children were there, who live in the tent—a little boy fetched his father to my assistance, and they left me—I went into the jerry, but they had got there before me—I then missed my money, tobacco-box, handkerchief, shoe, knife, and cap—this is my cap and tobacco-box (produced)—I was knocked about the eye and face; my face was all over blood next morning, and it had swelled very much—I have known Russell's family about twelve months, she was in the beer-shop, but I did not see her when they came out after me—we could not find the handkerchief—the policeman gave me my shoe again.
PHILADELPHIA JONES . I live at Barnes'-common—my sister was living at Battersea-fields, in a tent, and I was stopping with her. On Sunday night, between nine and ten o'clock, I was in the tent with Joseph Cooper, Sarah Taylor, and two more children—I saw Hines about one or two hundred yards from the tent, and a man and woman with him—Hopkins is the man—it was a moon shiny night—they knocked him down, and dragged him along—he tried to get in at the back of the tent—my sister said, "Don't go in there; come in at the front—the two men pulled him out by the legs, hit him in the mouth, and knocked him down—Hopkins got a straddle of him, put his hand over his mouth, took a steel tobacco-box out of his pocket, shot some money out of it into his hand, and gave it to the woman, who was standing close to his heel, and the other man asked Joseph Cooper for a knife to cut Hine's shoe off, as his foot was swelling—Cooper would not give it him, because he said he was robbing the man—he picked up a libbet, and said if he did not keep quiet he would beat his b—y brains out—they took his handkerchief, strap, money, and shoe, and went away—Hines got up, and came to the tent—we took him to a beer-shop, and found the prisoners and the other man there—we told Cooper, who was there, that Hopkins had been robbing the man—he struck Hopkins, to make him deliver the money up, and then struck the other man, and Mrs. Land pushed them both out—
Russell had run out before, and fetched a policeman, to give Cooper in charge, because he had been beating her man.
JOSEPH COOPER . I live with my father and mother. I was in the tent and saw the prisoner and another man about 100 yards off—Hopkins knocked Hinds down, and took hold of his heels and dragged him close to the tent—he tried to get in—they dragged him out of the tent and knocked him down in the ditch—the other man got a-stroddle legs of Hinds, and asked me for a knife to cut his shoe, because his foot was swelling—Russell stood, close to them—I saw Hopkins take his handkerchief off, and his belt and tobacco-box—my aunt was holding a candle—he gave the box to Russell, and she ran away—they all went to Land's beer-shop—Hinds was half drunk—he said, "I know your father, his name is Cooper; will you give me a night's lodging?"—his face was all over blood—I took him to the beer-shop, and found the prisoners there, and Cooper, who knocked Hopkins under the table because he had robbed Hinds—Russell ran away for a policeman.
Hopkins. Q. Are you sure it was me who knocked him down? A. Yes—you did not drag him quite to the tent.
SARAH TAYLOR . I live in the tent with my uncle, Bobby Cooper. I saw the prisoners and another man—I saw Hopkins get a stroddle-leg of Hinds down in the ditch—they put their hands over his mouth to stop his breath, and picked up a libbet and said they would dash his b—y brains out if he did not lie still—they took a tobacco-box out of his pocket, which Hopkins kept in his hand—I did not see what he did with it—afterwards Russell was there—she did nothing—she only stood over the man's head—we afterwards took him to Land's, and found Master Cooper and the two men and the woman—Master Cooper began fighting him, and knocked him under the table, and Mrs. Land heat the table about their heads.
GEORGE BAVILLE WRIGHT (policeman, V 330). On Sunday night, 8th April, about ten o'clock, I was on duty in Battersea-fields and heard the screams of the female prisoner—I asked her what was the meaning of it—she said some gipsies were knocking her man about—I had great difficulty to get her back to Land's—Hinds was there, and some other boys and girls—Hopkins was not there—I detained Russell—I found nothing on her but a key and a thimble—the place where this happened was described to me—I went there next morning, and found 6s., a cap, and a strap, which I afterwards gave to Hinds, as he had got no strap or boot.
Russell. I did not refuse to go back with you; I said you had better fetch another policeman before I went, as they were too strong for you; they had beaten me about. Witness. She did say they would knock her about if she went back.
JOHN DENDY (policeman). I took Hopkins—I said, "You know what it is for"—he said, "Yes"—I afterwards said I took him on suspicion of being concerned in a robbery in Battersea-fields on Sunday evening—he said, "I know about it; I was robbed myself; I lost my cap, and several things out of my pocket."
Hopkins's Defence. I went with the policeman quietly; I thought he wanted me as a witness rather than a prisoner, or I could easily have got away. We were drinking, and Hinds said he would fight me; I hit him in the eye; whether he went away I don't know; I stopped a quarter of an hour, went out, and found two men fighting with him; I went and took his part; I caught hold of him by the jacket, and said, "Come along, let us go after him;" the two men took my cap and jacket while I was helping him.
Russell's Defence. I had only left my place on Saturday night; I had spent all my wages.
HOPKINS— GUILTY.** Aged 22.— Transported for Ten Years.
RUSSELL— GUILTY .* Aged 19.— Confined Twelve Months.
Before Mr. Justice Cresswell.
MR. PARRY conducted the Prosecution.
JOSEPH WILLIAM HARTLEY . I am the prisoner's father, and am a fellow-ship-porter. In April last we were living at the Hope public-house in Gravel-lane, Southwark—my wife has been dead six years—I only occupy one room—the prisoner has lived with me since her birth—she has never been to service but three days—she will be nineteen next August—on Tuesday morning, 16th April, she woke me about eight o'clock—I had been asleep up to that time, and had not seen her preparing my breakfast—she woke me, and said, "Father, your breakfast is ready," and brought me a cup of coffee, and some bread and butter on a small tray—I stirred the coffee round, and tasted it; it tasted very unpleasant—I said, "Louisa, you have put something into the coffee," and spat it out—she said, "No, father"—I tasted it a second time, and was forced to spit it out again—my mouth and lips were very much parched, and my teeth shook—I felt a sensation of burning, and said, "Louisa, you have put poison in the coffee?"—she said, "No, father, I have not"—she then took the cup off the tray, and threw the contents into a washhand basin containing the water I had used the over night—she then took the cup to the fireside, rinsed it out with water from the kettle, and wiped it out—she threw the water under the grate—I got out of bed, and tasted her coffee, which she was drinking at the table—that had no unpleasant taste—I dressed myself, and put the contents of the basin into a clean jug, covered a handkerchief over it, and took it to Dr. Wood, of Union-street—in consequence of what he told me, I took it to Guy's Hospital—I then went back, and found the prisoner crying—I sent for a policeman, and gave her in charge for attempting to poison me—she said to the policeman that she had dropped a piece of soda by accident into the cup—I afterwards gave the cup to Thomas Andrews, an assistant at Guy's Hospital—about a week afterwards, I gave a bottle and the coffee-pot to the policeman, and the soap which I had washed with the night before—I had used the soap several times in the interval, but not the coffee-pot—the bottle I found in the cupboard—I had had it for years—it was empty—it used to have oxalic acid in it twenty years ago, and was used for cleaning boot-tops.
Cross-examined by MR. BALLANTINE. Q. Have you any other children? A. A daughter who is out at service, and one son, who has been working at a smith's and engineer's—the prisoner has not been in a delicate state of health, she told me she left service because she was not strong enough—I have since had to support her entirely—it was not my wish that she went to service—we have lived there fourteen months—when I have been tired I have laid longer of a morning and taken my breakfast in bed, and the prisoner made the coffee for me—I had left work the day before this, at one o'clock in the day and came home, but I got wet in the morning, and was very stiff—I went to bed between ten and eleven, but I had been to my benefit-club at night—I did not say to the prisoner at once, "You have been putting poison in it," I said, "You have been putting something in it," at first—I did not swallow anything, it parched my mouth the moment it got there—it was very strong—
she did not wash the cup in the basin, the poured some water into it from the kettle—I got out of bed as soon as I could—the basin was at my bed-side—I could have reached it—I did not lay hold of the prisoner then, because she took the cup quickly, I did not attempt to do so—the fire-place was at a distance on the other side to the basin—it is a large room—she had to go from the basin to the fire—I did not get out and stop her then, because I had not got my clothes on—I did afterwards jump out and taste her coffee—it occurred to me to see that the jug was dry—it was hanging up on a nail—I saw that it was dry—I did not examine it, but poured the contents of the basin into it—I have not been in regular employment lately—some years ago I was in the employ of the Waterman's Company—I was taken very ill, and was laid up for a length of time—I had notice sent me to say that I was discharged—there was some discrepancy in my accounts, and I was discharged.
Q. What made you tell the Jury that the reason you left was because you were taken very ill? A. I was ill; I was afflicted for years—I was turned away without a character, and charged with embezzlement—Mr. John Clark is the clerk of the Company—I believe I was charged with several acts of forgery—my illness was not occasioned by my taking poison—I did take some laudanum—I had been in a very unsound state of mind, and I did not know what I was about—I had no intention of destroying myself—I was not in a sound state of mind at the time—I was in the habit of taking some drops of laudanum and sugar when I went to bed, and I came home one night and drank the whole of it; I cannot say why—that was a long time before the charge of embezzlement and forgery—that is the only occasion on which I have taken poison—I do not keep fire-arms in the house—I had pistols once in the life-time of my wife—I never slept with them under my pillow—it is sixteen or seventeen years since I had them; not lately.
MR. PARRY. Q. How long is it since you took the laudanum? A. thirteen or fourteen years—it is about eleven years since the charge was made against me by the Waterman's Company—they did not prosecute me—it was a glass bottle I gave to the policeman, with flowers figured upon it—it was quite dry—the policeman asked me if I had any poison—I said I had a bottle which used to have oxalic acid in it, but it had not had any for years.
RACHAEL YATES . I am the wife of James Yates, of the Hope public-house, Gravel-lane. The prisoner and her father have lived there twelve months—I know that he has beaten her once or twice in that time—about two months before this occurrence she came into my room one morning, between eight and nine o'clock—she appeared very much excited—I was making my bed—she came in, and said her father had been beating her—I asked her what for—she made me no reply—she asked me to unfasten her dress—I did so, and found wheals with a slick all down one side of her, where her father had been beating her—she said if her father beat her as he had done, and kept her without clothes, she would purchase a pennyworth of vitriol, and would burn her clothes, and give him the contents afterwards—they lived very unhappily for seven months—at another time she came into the room, and told me her father had taken her down to the station the previous night—I asked her what for—she said for pledging her father's clothes—I said, "I thought that was forgotten, Louisa; your father said he had forgotten it"—she said, "I made up my mind before my father should lock me up this morning; I had placed a razor in my own bed, and made up my mind that I would cut his throat, and put the razor at his side afterwards."
Cross-examined. Q. At the time she threatened to cut her father's throat was, she not laughing? A. Yes, and she went out of the room laughing—
when I undid her dress, there was a wheal across her back, one across her arm, and one between her shoulders; and her eyes were very black—she put her hair across her eye to hide it—she wore stays, but she was in bed when he beat her—it was after I beard what had taken place, that I mentioned about the vitriol, but I did not know what she was charged with using—her father told me what had transpired, and then I told him about it—I do not know whether he had been examined then—it was on the night of the day it happened—I had never spoken to him about it before—I knew him, and frequently had conversation with him—I have told him it was not right to beat his daughter, that she was too old to be beat—I never told him it vexed her, and she said she would poison him.
MR. PARRY. Q. Had you heard anything from the father about vitriol, before this conversation? A. No; he said he had had poison—he told me what had occurred, and that he had been to the hospital.
THOMAS ANDREWS . I am chemical assistant at Guy's Hospital, and live at 7, Prices'-buildings, King's-street, Borough. On 16th April, about half-past nine o'clock in the morning, Hartley came to the hospital—I received a jug from him covered with a handkerchief—I told him Dr. Taylor was not at the hospital, but I would take charge of it for him—he brought it down to the chemical laboratory by my wish, and I emptied the contents into a glass vessel, which I had ascertained to be thoroughly clean—the jug having a handle and lip, I could not cover it well—I covered and sealed the vessel in his presence—before that, I put a piece of litmus paper into it, which is coloured blue; it turned the blue to red—here is a small piece of the paper which I threw down, being of no importance, and Hartley picked up, and took before the Magistrate next day—I gave the sealed vessel and contents to Dr. Taylor—on the 23rd, I received a coffee-pot, piece of soap, tea-spoon, and an empty bottle from Squire—I gave them to Dr Taylor.
JAMES RYAN (policeman, A 476). On 16th April, between three and four o'clock in the afternoon, I was called by Hartley—he gave his daughter into custody for attempting to administer poison in some coffee, about eight o'clock in the morning—she began to cry, turned to her father, and said, "No, father, it was some soda that fell accidentally into the coffee"—on 23rd, Hartley gave me a coffee-pot and spoon—I gave them to Mr. Andrews.
Cross-examined. Q. Did Hartley go with you to the station? A. Yes; the charge was entered, and he signed it—the examination took place that day—he gave evidence, and she was remanded till next day.
MR. PARRY. Q. Did you request him to go to the station? A. Yes.
ALFRED SWAINE TAYLOR . I am Professor of Chemistry and Medical Jurisprudence at Guy's Hospital. On 17th April, I received from Mr. Andrews, my assistant, a glass vessel—I unsealed it—it was completely secure—it contained a brown-coloured liquid, very acid, about thirty ounces, a pint and a half—I tested a portion of it—it had the colour and smell of coffee diluted—the acid element was vitriolic or sulphuric acid—there was about half a tea-spoonfull of strong vitriolic acid in the thirty ounces—taking into account that the coffee was not stirred up, I do not think there could have been appreciably more acid than I detected—if a person had tasted the coffee it would be detected by the lips—I tasted it, and detected it immediately—there was a small quantity of sugar—I applied all the tests for common poisons, but discovered no poison but sulphuric acid—the cup would hold half a pint, and therefore, about
a pint most have been added to it—I received a bottle, a cake of soap, a coffee-pot, and a teaspoon—the bottle appeared quite dry—I examined it by a very delicate chemical process, and found it had contained sulphuric acid some time or other—I tried it for oxalic acid, but it was not oxalic—oxalic acid would be more likely to adhere to the sides of the bottle in a dry state—if the bottle had contained oxalic acid, and vitriolic acid had been put into it, it would have removed the oxalic acid, and so have defeated the tests for oxalic acid—I examined the coffee-pot; it contained no trace of vitriolic acid, but when I warmed in it a small portion of the liquid, it immediately dissolved a small portion of iron from the pot, which was a consequence of its containing acid; there was no iron in the original liquid which I put into the pot—I examined the soap, but found no acid in it, except a small quantity combined with sulphate of soda; but there was probably not the third part of a grain of soda in the thirty ounces—what I found, could not account by any possibility for the acid in the coffee—we find vitriolic acid in all soap, but in very small portions—soap is made with common carbonate of soda, which is roughly made, and contains a little sulphate of soda, from which it is prepared originally—the acid could not have been in the basin when Mr. Hartley washed his hands, it would have prevented the soap dissolving; in fact, it would have affected the fingers, and he must have discovered it—if the soap had remained in the water all night, it would not have added to the quantity of vitriolic acid in the basin—whether it came in with the coffee, or in any other way, I cannot say—I am able to say it was mixed after the coffee was prepared and removed from the pot, or else added to the water in the basin—I detected a small quantity of soda, but no more than would be accounted for by washing the hands with the quantity of soap dissolved in the liquid—an adequate quantity of acid would have counteracted that—I do not think the quantity of acid in the cup of coffee-would be sufficient to cause death—a person might drink it, but the pain of doing so would be acute—I ought to state, that the injurious action of vitriolic acid depends more upon its concentration than its quantity—the proportion of vitriolic acid to the quantity of coffee, was 150 parts of coffee to one part of acid—I have tasted that strength of acid myself—a person would feel a dryness or parched state of the mouth, and a sharp sort of feeling of the teeth, which is called setting on edge, and if the whole contents of the cup had been swallowed, he would probably have suffered from vomiting, pain in the stomach, and soreness of the throat in swallowing, but I believe that in a few hours the whole of those symptoms would have disappeared, and he would have recovered without medical assistance, and without any injurious consequence; in fact, the acid coffee was very little stronger than that which is sometimes given in an ordinary acid gargle—it would not have the effect of destroying the surface of the mouth, but it would produce a whitish appearance by acting on the saliva—I clipped my hands in it, and put it to my lips and tongue, and made my assistant taste it—it would alarm a person, and so perhaps give him a stronger sensation of pain; but the whole quantity would only occasion temporary uneasiness.
COURT. Q. Can you form any opinion whether the vitriolic acid you discovered in the bottle had been there recently? A. I think it had not been there for a long period—it appeared as if it had contained it years before, and a little dried film might have remained, but not within a month or six weeks certainly—four times as much acid as I found could be bought for a halfpenny, about two tea-spoonfulls—it is sold in two states, concentrated and diluted, such as is used for cleaning copper scuttles—the measure of that
would be greater—if a person asked for vitriolic acid they would get the diluted, unless they asked for oil of vitriol.
NOT GUILTY .
Before Russell Gurney, Esq.
MESSRS. BALLANTINE and METCALFE conducted the Prosecution.
JOHN WITEHURST . I am horsekeeper in the employ of the Eastern Counties Railway Company. Gardener was a carman in their employ—his duty was to go out with a pair of horses and a van, and collect the goods—he was allowed to take two bags of provender for the horses when he went out in the morning, and when he returned to fill them again; two bags each time he went out—he had no right to take any other provender—I have examined some mixture of oats, beans, cut clover, and chaff, produced by Goddard—it corresponded with what was left in our bins—I cannot swear to it—Gardener is a married man, and I believe has a family.
MATTHEW GODDARD (policeman, M 167). On 6th May, at half-past twelve o'clock, I saw the two prisoners draw up their vans and carts between the foot of London-bridge and the railway-terminus—they got out of the vans and went to a beer-shop—Gardener came out, took a bag from the side of his cart, and took it and filled a bag at Groves's van, and then he put it back again—I went and asked him if both the vans belonged to the same company—he said, "No"—I asked what he had been doing with the bags—he said it fell down, and he picked it up again—Sergeant Andrews was coming up Duke-street, and he took Groves into custody—Gardener was about to get up to the box of his van, and I told him he was to go to the station—in going there he said, "Well, I own I did give him a handful or two"—"Groves," was on the one van, and "Eastern Counties Railway" on the other, from which the mixture was taken—I showed the mixture to the witness Whitehurst.
Cross-examined by MR. PAYNE. Q. How far were you from the Eastern Counties' van? A. So near that some of the stuff touched my boot—I was not in plain clothes—I stood looking at them—I had not received any instructions to do this, it was merely from what I saw—Groves was not there when Gardener emptied the stuff out—he came out afterwards and looked into the bag.
SAMUEL ANDREWS (policeman, A 458). I took Groves, and told him he must consider himself in custody for receiving provender from a servant of the Eastern Counties Railway Company—he said, "Well, I did receive it, and I was a foolish man for doing so."
Cross-examined. Q. Where was Goddard when this conversation took place? A. Gone to take Gardener into custody.
NOT GUILTY .
GUILTY . Aged 21.
Strongly recommended to mercy by the Jury.— Confined Ten Days
1035. ELIZA VERNON , stealing 1 watch, 1 ear-drop, 1 crucifix, 2 breast-pins, and other articles, value 2l. 10s. 4d.; the goods of George Delettre; and CHARLOTTE VERNON feloniously receiving the same.
MR. PARNELL conducted the Prosecution.
she was in my service I had a watch, two breast-pins and chains, the brashes, crucifix, and other things, in a small box, in a larger one, under the bed—I had taken them out and put them back in her presence—there was an ear-drop which she wished for—I saw them on New Year's-day—I missed them on 27th March—after she left me, I saw her walking up and down in the neighbourhood of the house—when I went up to her, she turned her head away, and looked into a shop—that was on three or four occasions—these are the things (produced) they are my husband's property—the prisoner Charlotte came about the beginning of May, to speak to me about having Eliza back, and I noticed she had a piece of ribbon on her bonnet which I had a piece of, and which had been in the larger box—that was about a fortnight before I was before the Magistrate—this is it (produced), and this (produced) is a piece like it, which was left in a drawer—this lace collar was also in the larger box.
Cross-examined by MR. PAYNE. Q. Was the large box locked? A. No, neither of them—I cannot say when I last looked into it, but the things were safe on New Year's-day—I had a servant after the prisoner left, who remained three months—the box was in the back-parlour, on the same floor as the shop—persons coming to the shop cannot come into the back-parlour—we do not always keep the door locked—I bought this ribbon at a shop seven or eight years ago—I know the watch by its general appearance—I know the seal—there is one large letter on it—(the seal produced had two letters)—I am not quite sure whether it has one or two.
WILLIAM ROMAINE (policeman, L 38). On 3rd May I went to the prisoner's house in Charles-street, New-cut, and told her she was charged on suspicion of a robbery at Mr. Delettre's, 144, Waterloo-road—she said she knew nothing of it—the prosecutrix was with me, and pointed out her bonnet with this ribbon on it—she said she bought it in Whitechapel, about five years previous—Eliza came in, and they were both given in charge—on the way to the station Eliza said, "I did not take the things; a girl gave them me in the Waterloo-road; I took them to my mother, and she has pledged the watch"—I went back, searched the house, and found the box produced, with the things in it—at the station the mother said she had pledged the watch, and sold the ticket to a man who had gone into the country—she sold her girl brought them to her, and said another girl gave them to her in the street.
Cross-examined. Q. They both gave the same account, although they were separate? A. Yes.
HENRY WINCH . I produce this watch—it was pledged for 10s., on 11th Jan., by the prisoner Charlotte, in the name of Ann Wilkinson—she said it was her own, and when I would not advance more than 10s. she said she had fetched it out of a pawnbroker's, at Whitechapel, for 14s.
Cross-examined. Q. Are you sure it was her? A. Yes; I knew her before, by the name of Wilkinson.
LUCY WARD . I am the wife of John Ward, a butcher, of 4, Great Charles-street, New-cut—I have been there twelve months, and the prisoner has lived there nearly nine months. About a month before Easter I bought two duplicates of her, one for a watch pawned for 10s., and another for two pins connected with a chain, and a seal—I redeemed these, and pledged them again for 2s. 6d.—the first duplicate I kept by me, and gave it to the policeman.
Cross-examined. Q. What character has Mrs. Vernon borne? A. I always thought her honest, and I gave her my key, to keep my room clean, when I went out to work.
WILLIAM ROMAINE re-examined. T his is Mr. Norton's signature to this deposition—(read—"Charlotte Vernon says: 'I knew nothing about the things till some time after the girl brought them in, and I had heard no complaint of her taking things; I asked her where she got them, and she said a girl gave them her; I bought the ribbon five years ago, at Whitechapel' "—"Eliza Vernon says: 'I am eleven years old; a girl gave them to me; she gave me the box with the things in it.'")
(Charlotte received a good character.)
CHARLOTTE VERNON— GUILTY .— Confined Six Months.
ELIZA VERNON— GUILTY.—Recommended to mercy by the Jury.—
Confined One Month.
MR. COCKLE conducted the Prosecution.
EMMA KEELING . I am in service, at 30, Regent-square. On 1st May, about seven o'clock in the evening, I was in the Waterloo-road with Eliza Fidge—the prisoner came up by my side, took a purse out of my pocket, and ran away—I lost sight of him two or three minutes—I am certain he is the man—I had seen my purse safe on Waterloo-bridge; it was a knitted purse, with steel beads and large steel tassels—we went to the station, and saw the prisoner in custody—he said if I would not appear against him he would produce the purse in the morning—it contained a sixpence, ten half-pence, and some pieces of writing.
COURT. Q. Did he say "I will produce it," or "It shall be produced?" A. "I will produce it."
Cross-examined by MR. PAYNE. Q. In what direction were you walking? A. Towards the obelisk—I was outside—I did not catch the prisoner, because there was an omnibus coming—what was said at the station was not "You shall have your purse in the morning if you decline to give the charge"—he said, "If you don't appear against me, I will produce the purse in the morning."
ELIZA FIDGE . On 1st May, about seven o'clock in the evening, I was with Keeling—she said to the prisoner, who was by her side, "You have robbed me"—he said be had nothing, and ran across the road—I saw the tassel of a steel purse as he put his hand into his pocket—it was Keeling's purse.
Cross-examined. A. Do you remember the omnibus passing? A. Yes—I saw the prisoner in custody about four minutes afterwards.
GEORGE VASS (policeman, L 128). On 1st May, I was on duty in Waterloo-road, and about seven o'clock I went after the prisoner, and found him in the back-yard of a private house in the Westminster-road—I told him I wanted him for picking a female's pocket in the Waterloo-road—he made no answer—I took him to the station, and on the way he said, "Make things as square as you can, it will be all the better for you."
Cross-examined. Q. Did he say that, without having anything said to him? A. Yes; I was in uniform—I found the prisoner in the Westminster-road, almost opposite the Waterloo-road, on the left-hand side—when you come out of the Waterloo-road, you turn to the right to go to the Westminster-road.
MR. COCKLE. Q. To get from the left side of the Waterloo-road to the Westminster-road, would he have to cross the road? A. Yes.
CHARLES BURGESS GOFF (policeman, L 8). I was at the station when the prisoner was brought by Vass—in the prisoner's presence Keeling said to Fidge, she did not care about the money if she got the purse back—the prisoner said, "If you do not charge me you shall have your purse back in the morning."
HENRY HIBBS (policeman, L 71). I have a certificate—(read— Alexander John Roach, Convicted Feb., 1848, having been before convicted; confined six months and whipped)—the prisoner is the person—I was present at the trial.
GUILTY . Aged 16.— Confined Six Months and Twice Whipped.
ADJOURNED TO MONDAY, JUNE 10TH, 1850.