CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 8TH, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
33, Southampton-street, Strand.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 8th, 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 John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Noon Talfourd, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; Michael Gibbs, Esq.; and Sir James Duke, Bart.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: William Hunter, Esq.; Thomas Challis, Esq.; Francis Graham Moon, Esq.; David Salomons, Esq.; and Thomas Quested Finnis, 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.
WILLIAM LAWRENCE, Esq., Ald.
DONALD NICOLL, Esq.
JAMES JOSIAH MLLLARD, Esq.
DAVID WILLIAMS WIRE, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. NINTH 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, July 8th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the First Jury.
GUILTY . Aged 19.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
GEORGE CURSLEY . I am seventeen years old, and am apprentice to Mrs. Montague, of Ickenham. On 24th June I was with the prisoner, and a boy named Finch, coming from Ickenham—I had two trace chains in my hand—I put them round the prisoner's legs and round my arm—I caught hold of his legs, and Finch took his arms, and we carried him—the chain was not tight, so as to hurt him—we carried him ten or twelve yards, and he said, "Put me down"—we put him down, but he did not get away, as the chain was round his legs and my arm—he said, "I have got something in my pocket which will make you leave go, you b——r"—he put his left hand in his pocket, pulled out a knife, and cut me across the wrist, round which the chain was—it drew blood—I saw the knife coming a second time—I was not quick enough, and he cut me across the left knee—I told Finch it was a tidy gash, and that he had cut my knee—he said, "You b——r; and I will rip your b——y guts out when I get up" (he was sitting on the ground with the chain still round me—I was going to release it when I put him down, but he would not give me time)—Finch said, "No, you shan't"—I caught hold, of
him, and took the knife away; the point of it stuck into my finger, but that was an accident—we walked on together some distance, and were good friends, and Finch gave him back his knife—I asked him to give me a piece of sticking-plaster, and I would say no more about it—he said, "No, I shan't; I done it, and I shall not give you any"—we all went to his mother's; she strapped it up for me, and told me to have him locked up.
Cross-examined by MR. CARTER. Q. After you had taken him up and let him down, he was in a great passion? A. Yes; we set him down carefully, he did not fall—the chain was too tight for me to draw my hand out—it was a common clasp knife; he had to open it—I did not catch hold of his arm, I thought he was only in play—when we carried him I put his legs on my shoulders, and Finch had hold of his arms—the chain was round both his legs—Finch is about as tall as me, but stouter—the prisoner is older than me, but not so tall—he was very angry throughout the whole occurrence—we went to a public-house afterwards, and had a little beer—I did not know I was so bad, and did not mean to let my mistress know it—the prisoner has not been ill since I have been there, and that is two years in November.
HENRY FINCH . I am seventeen years old, and live at Ickenham. On 24th June, the prisoner, Cursley, and I were at play—Cursley had some chains, which he put round the prisoner's legs, and round his own arm, and told me to catch hold of his shoulders, and we would carry him—we carried him ten or twelve yards, and when he told us we put him down gently—either Cursley did not let go of him just at that minute, or else he could not get away—he pulled out his knife, and said, "I have got something in my pocket which will make you leave go of me"—he pulled out a knife, opened it, and cut Cursley across the wrist—Cursley said, "This is a tidy gash"—he said, "Yes"—Cursley then said, "He has cut my knee"—the prisoner said, "Yes, and I will rip your b—y guts out"—his knee bled very much—I took the knife from the prisoner, and said he should have it when he got home—we went to Mr. Treadaway's public-house to see the cut, as it was bleeding—Cursley asked the prisoner for some sticking-plaster; he said, "No, I have done it, and I shan't give it you"—we went to the prisoner's mother's, who gave him some sticking-plaster, and strapped it up.
Cross-examined. Q. Was not the prisoner very angry when you were dragging him about? A. No; he said, "Put me down," as if he was tired of playing—the chain was half-a-yard between him and Cursley when we had put him down—he was lying flat on the ground, his legs were not higher than his head—the cut in the knee was not while we were taking the knife away—he had had a little beer before this; he had none afterwards, because he was ashamed to come into the public-house to see the cut.
WILLIAM RAYNER . I am a surgeon, of Uxbridge. I was sent for, and examined Cursley—he had a small incised wound, about two inches long, on the right wrist, and another an inch and a half long on the left knee—I did not ascertain the depth, as it had been plastered, and I did not open it—they were very slight wounds, merely skin deep, or the arteries and tendons would have been severed—he did not go to his work next morning; I advised him to be quiet for a day or two.
Cross-examined. Q. If he had intended to have done much injury, he might have done it? A. Yes; supposing him to be ruptured, the knocking about would tend to alarm his mind, if he had no truss.
GEORGE GIBSON LYNN (policeman, T 197). Cursley complained to me—I took the prisoner in the high-road—he said, "Cursley assaulted me first; I cut him first, and I cut him again for pushing me about"—I asked him where
the knife was—he said, "You have not got it, have you?"—I produce the trowsers, with a hole in the knee, and blood on them.
(The prisoner received a good character.)
GUILTY of an Assault.—Strongly recommended to mercy by the Jury. —
Confined One Day.
ESTHER ANN MAY . I am the daughter of Thomas Field May. On 7th June I saw the prisoner take 2d. of a customer; he put a penny in the till, and put the other in a pail—he afterwards took a dish-cloth out of the pail; the penny fell out of it, and he put it in his pocket.
Cross-examined by MR. PAYNE. Q. You only heard something fall into the pail, you did not see it? A. No—my father keeps an eating-house; the prisoner was cook and cutter—he was in the bar, and I was sitting just outside. (The prisoner received a good character.)
NOT GUILTY .
THOMAS FIELD MAY . I keep a billiard and dining-rooms, at 26, Newgate-street; the prisoner had been my cook and cutter six weeks. On 13th June, between six and seven o'clock in the evening, I went to the till for the proceeds of the day, and found only two shillings—no one but myself and my daughter had access to it.
Cross-examined by MR. PAYNE. Q. Where was your daughter? A. Sitting within about five feet of me—West, who is now in my employ, married one of my daughters; they live in the house—I always found West very honest—he lived with me two or three years, and discharged himself eleven months since; he came back three or four weeks ago—the prisoner had come into my service before that—they had both applied for the situation at the same time—I hired the prisoner, as West was not fit for it; and in about five weeks I hired West—I have not said that West had robbed me long enough, and I would never take him back into my employ—he married my daughter somewhere about last Easter—I did not consent to it—I knew nothing of it—I did not know it when he came back—he is waiter, and has what the customers think proper to give him.
ESTHER ANN MAY . On 13th June, a little before five o'clock in the afternoon, I counted the money for my father; there was two sovereigns and a half, twenty shillings, half-a-crown, and six sixpences—I put it in paper, and put it in the till—the prisoner was behind the bar—I did not lose sight of him till a quarter or twenty minutes to seven—nobody else was behind the bar till the money was missed—he left soon after six—when he had been gone about ten minutes I told my father about the penny—the prisoner could have opened the till when he was wiping the counter down—I had added half-a-crown and two shillings to the money at half-past five, making 3l. 15s. 6d.—I took none of it.
Cross-examined. Q. Where were you sitting? A. On one of the settles opposite—you cannot get behind the bar from the parlour till you have gone right up the shop—I did not see him go to the till; he always stares so, I cannot look at him—I sat there for the purpose of watching him—I was doing needlework—West was up-stairs—the till was not locked.
Cross-examined. Q. Did you swear before the Grand jury that you saw the prisoner take a shilling from the till? A. Yes; I do not know that they ignored that bill—I had tried to get the situation the prisoner got—I was not married then—I was married on Easter Sunday—I told Mr. May I was married, about a week before the money was taken, after I became his waiter—I was in the billiard-room when this happened—I am manager of the billiard-table.
Cross-examined. Q. He had no money? A. No; his wife produced 1s. 6d.—they were looking over some duplicates—he has said all along that he is innocent—Mr. May and Mr. West applied to me to go there, about eight o'clock.
NOT GUILTY .
NEW COURT.—Monday, July 8th, 1850.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. WILLIAM HUNTER;
and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. BODKIN conducted the Prosecution.
GEORGE FREDERICK GEORGE . I am one of the firm of George and Richardson, in Victoria-row, Pimlico. I dealt with Mr. Deed, the leather-seller—I was indebted to him 3l. 2s. 3d.—this is the account; I do not remember who delivered it, but I paid it to the prisoner on 10th Jan.—1s. 9d. was allowed for discount—the amount I paid was 3l. 0s. 6d.—here is the prisoner's receipt to it—I had more goods of Mr. Deed—it was customary to have a quarterly account of what I had—this 3l. 2s. 3d. was the amount to Christmas—I received a quarter's account to Lady-day—the amount was 1l. 4s. 5d.—I paid that to the prisoner on 11th April, there was 6d. discount—I paid the prisoner 1l. 3s. 6d.—he signed the receipt.
WILLIAM WAINE . I live in High-street, Newington-butts. I dealt with Mr. Deed—I received the account up to Christmas of 1l. 14s.—I paid that to the prisoner on 13th Feb.—there was an allowance of 1s. discount—the receipt is signed by the prisoner.
JOHN SIMPKIN DEED . I am a leather-seller at Little Newport-street, Leicester-square. The prisoner was my clerk for four years till Nov. 1848—I paid him wages—I then made a fresh arrangement, by his solicitation—he was to receive five percent. commission on moneys received—he named two of three of my customers that he was likely to do business with—he was to solicit orders, and on the regular pay-days to call to receive the cash or cheque, and pay it over to me—the commissions were to be paid any time he asked for them, not on the day on which he received the cash, no time was specified—he was certainly not to deduct his commission, the full cash was to be paid in—there was no alteration in that respect from his duty when he was clerk—when he was clerk he came to the desk and reported what he received, and paid in the money, which was entered by myself or my assistants—his salary was paid on Friday night—he accounted to me for the sums he received in gross; he made no deduction whatever—that was the system from 1848 down to the present time—since then I have paid him his commissions when he has applied for them—he has received about 8l. more than his commission—he has not accounted to me for 3l. 0s. 6d. received from Messrs. George and
Richardson on 10th Jan., or 1l. 3s. 6d. on 11th April, or for 1l. 13s. on 13th Feb.—on his accounting for money received at the desk, it was entered in the day-book, and from that posted to each customer's account—the amount was entered in his presence before he paid the money over.
Cross-examined by MR. CLARKSON. Q. How long did he serve you as clerk or servant? A. About four years, ending in Nov. 1848—he was not in my employ in any capacity in Dec. 1848—he renewed his engagement at the time he left my service as clerk—that was at my instance—I told him I had no longer occasion for his service as clerk—I lost a brother in April, 1848—I made an arrangement with the prisoner to get in money due to my brother's estate—for that he was to be paid by commission—that arrangement was made afterwards, not at the time he took the commission on my account—it might be some weeks or months afterwards.
Q. Was it not in Jan. 1849 you made your new arrangement with him comprehending the getting in your brother's estate, as well as what he was to-do for you? A. I will not say it was not—what he received were generally petty accounts—I should say what he received during the four years was not as much as 4000l.—very likely it might have been half of that—it might be nearer to 4000l. than 3000l.—it is rather a difficult question for me to answer—my books are here—before he left, he accounted entirely to my satisfaction—I am quite sure it was at his solicitation that he entered into the fresh engagement with me—there was no writing between us—I think there was no one present but ourselves—he left my employ as clerk in Nov. 1848, and entered on the new arrangement at the same time—I have in my hand a memorandum which I have made since I was before the Magistrate containing extracts from my books—I have never settled any commission with the prisoner—there has been no balance struck—he has never since January, 1849, asked me to settle his account—he has never asked me to go through the account—I have applied to him to do it—I swear that—I do not remember his asking me to go through the account, and my giving as a reason why I did not, that I was going abroad—that did not pass to my knowledge—I do not remember that he repeatedly applied to me to go through the account, and that I gave as a reason that I did not, that I was too much engaged, or was going abroad—I remember nothing of the kind—he presented an account in May, 1849—I did not go through it; I put it in my desk—since the time of the new arrangement, he has accounted to me for 227l. and some shillings—he has not, to my knowledge, made application for many sums that were received by myself personally; for none—the arrangement comprehended several sums which I received, and not he—Austin's was one, 200l.—I requested him not to call on Austin's—there were two accounts which I separated from my brother's estate—he put down Austin's account in my presence, but immediately afterwards I requested that Austins' and Watkins' accounts should be separated from them—he made application to Austin, but if he made any subsequent ones, it was on his own will, and not at my request—I have received 50l. in bills on Austin's account, and 40l. of Mr. Watkins—I did not apply to him to settle his account before I gave him into custody—I gave him into custody about the second week in May—it might be about the 14th or 16th—I went before Mr. Long, the Magistrate—he dismissed the charge, because he considered the man was not a clerk or servant—he did not go through all the circumstances—there were very few questions put—he did not go fully into the commission account to know how it stood as to the amounts—I went before him on the subject-matter of the accounts due to me, as distinguished from my brother's estate; but I told the
Magistrate there were also accounts on my brother's estate—it was after that that he said he did not consider the prisoner as a clerk or servant—the prisoner brought an action against me three or four days after I had been before the Magistrate—I understood from an officer who called on me that a writ was issued, but I have not been served with it—I went before the Grand Jury about three weeks ago, and preferred these bills of indictment—there are no depositions sent here—I went after the Magistrate dismissed the charge—my mode of paying the prisoner's commission was to give him money when he asked me—there is an arrear on that commission—that is a commission on 227l. collected on my own account, separate from my brother's—I think he has received from me 22l.—the money received of my brother's estate is 80l.—I think the total amount I gave him to collect of my brother's was nearly 300l.—that included Austins' and Watkins', which were afterwards withdrawn—the prisoner made out that account from my brother's books, which I gave him to make it out from—I know that he claims commission on the whole, but he is not entitled to it, because I struck out two accounts—I sent in a quarter's account to my customers in March—I have received 10l.—I beg to correct that; I have not received any of the accounts due in March, except 3l. 6s. 3d. reported as cash from Mr. Williams on 11th May, whereas Mr. Williams had not paid the prisoner any account in May—I have received 3l. 6s. 3d. of the quarter's account I sent in March.
Q. Have you from time to time made the prisoner loans of money, for which you have taken his I O U? A. I took his I O U for 5l.; that was the only sum—I think that was immediately after he left—that 5l. was paid to him on commission—I have not made him loans besides that—I have not settled a commission account with him since Jan. 1849—I never could get an account from him.
MR. BODKIN. Q. In Nov., 1848, he ceased to be your clerk? A. Yes; it was at the same time that I made a fresh engagement to employ him on commission; and it might be in Jan., to the best of my knowledge, that I employed him to collect the outstanding debts of my brother's estate—I was to give him two and a half per cent. on those—I told him that was all the estate could afford—there was only collecting there, and not soliciting orders—I think it was about Jan. that I gave him the books referring to my brother's estate—he produced to me a list of the debts due to my brother's estate taken from the books—that included the accounts of Austin and Watkins—when I saw them I desired him to exclude them—the debts he collected of my brother's estate were about 80l.—I gave him no authority to collect Austin and Watkins'—the two and a half per cent. was not to be paid at any particular time; the same way as the other; it was to be on the amount collected—Austin's 50l. and Watkins' 40l. have been paid to me, not to him—if he were to charge the commission on Austin and Watkins, he would still be overpaid—it was about May, 1849, that I advanced the 5l. on account of commission—he applied for it to my brother, in my absence—he is here—I have no regular account with respect to his commission—the items I have here are abstracted—I have since this 5l. made him other advances on account of his commission—nothing has been expressly said in reference to the first 5l.—it was taken as an item in the account of commission, but it is not in the ledger—I have made up this paper by taking the amount from the ledger of the accounts he has received.
COURT. Q. Some time ago you lent him 5l. on an "I O U?" A. Yes;—my brother took the "I O U"—that is a part of the money that I say has been overpaid in commission.
GEORGE HORNSEY DEED . I assist my brother in business. I remember an advance of 5l. being made to the prisoner on occasion of the "I O U" being given—I believe it was advanced on the application of the prisoner—I think he was short in his rent—that 5l. is not charged to any account: it is not charged to the account of commission—I have here an account I made out from the book—the items in my account amount to 22l. 10s., the money advanced to the prisoner—to the best of my recollection, that 5l. does not appear in the commission account; it is not charged—22l. 10s. has been paid him on account of commission, exclusive of the 5l.—the prisoner always overdrew the account—there was no settlement—I cannot recollect the date when the 5l. was given him; I think it must have been two years ago—this book goes over two years—on 8th May, 1849, here is 5l. entered—I presume that is the 5l. that the "I O U" was taken for—it is included in this account (looking at it) of the 22l. 10l. he has received—5l. has been advanced on the "I O U."
Cross-examined. Q. Read the entry in the book? A. "Martin, 5l."—that sum has never been repaid—the entry is my brother's—he paid it certainly—the "I O U" is at home, in the cash-box.
THOMAS REYNOLDS . I am general assistant to Mr. Deed; I post things in the book—I have never received from the prisoner the sums of 3l. 0s. 6d. and 1l. 3s. 6d. from George and Richardson, nor 1l. 13s. of Mr. Waine—it was customary to make up quarterly the accounts of customers whose debts were collected by the prisoner—it was my duty to give him the Christmas and Lady-day accounts—I gave him at Christmas the sum of 3l. 2s. 3d., due by George and Richardson, to collect—I gave him another account to Lady-day—the amount to George and Richardson was 4l. 6s. 3d.—that included the other Christmas sum—I spoke to the prisoner several times about the Christmas account not being got in—I told him I thought of calling on them myself—he desired that I would not—he said he would call on Messrs. George and Richardson and Mr. Waine—this was between the 6th and 11th May, after the Lady-day accounts had been given—my business is now mostly in the counting-house—the prisoner was in the habit of paying in every day what he received.
Cross-examined. Q. I understood you were a porter? A. I entered the service as porter, but I post the books now; I have done so these twelve months—I did not go before the Magistrate.
(The prisoner received a good character.)
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
JOHN WILLIAMS . I live in Mount-street, Lambeth. I deal with Mr. Deed—on 10th Nov. I paid the prisoner 1l. 3s. 6d. on his account—that was the discharge of the bill I have in my hand—the prisoner wrote the receipt to it in my presence—this was the account due till Michaelmas, 1849—I received this quarterly account from Mr. Deed, to Christmas—the prisoner brought it some time in Feb.—it is 6l. 10s. 6d.—this does not include the money I paid in Nov.—I paid this on 9th March—he never brought me an account amounting to 7l. 14s. 3d.—I never saw any other than these accounts.
Cross-examined by MR. CLARKSON. Q. Have you paid 3l. 6s. 3d. to Mr. Deed? A. No; there is an account outstanding of goods had from Jan. to March about 30s., that has not been paid.
8l. 6s. 6d.—here is the entry, in the prisoner's writing—4s. 6d. was allowed for discount—there was a dispute about 3s. 6d., it was taken off; the prisoner allowed it.
Cross-examined. Q. Did he take it off, or say he would make inquiry about it? A. He took it off—this is the receipt—it had been charged in two or three accounts before, and deducted off cash—I told him it was no use including it in the account—he said he supposed he must pay it himself—I did say I would not be so shabby as to allow such a thing—he said he supposed he must pay it—I said we never had the goods, and would not pay it.
JOHN SIMPKIN DEED . The prisoner was in my employ up to 1848, as clerk, at a salary—in Nov., 1848, I arranged to employ him on commission, at five per cent. on what he collected—it was his duty to pay the full amount as received—the commission was always in our cash-book—I made advances to him from time to time—he never accounted to me for 1l. 3s. 6d. received from Mr. Williams in Nov.—that sum was due up to Michaelmas last—I made Mr. Williams' account out to Christmas—it was 7l. 14s. 3d. or 7l. 14s. 9d.—I gave it to Reynolds, one of my assistants—the prisoner did not account to me for that sum, as having been received on 9th March—on 11th May he came to the desk where I was, and he said, "I have just received 3l. 6s. 3d. from Mr. Williams; it is all he can spare just now; he will let me have some more very shortly"—that is all the account he has rendered me in reference to that account delivered up to Christmas—he has never accounted for 8l. 6s. 6d. received from Mr. Dent on 25th April.
Cross-examined. Q. I may take it for granted that all the answers you gave on the former occasion are true? A. I certainly was not aware that that entry of the 5l. was my writing; I find it is—each time the prisoner gave in an account, he was asked, "Is that all?" and he said it was—I do not know why I did not tell that in the first case: it might have escaped my memory; you did not ask me the question.
Q. Now I ask you whether, so far from what you have stated being all that took place on 11 th May, the prisoner did not tell you that there was a balance due from him in respect to Dent's account, and he would pay it to you on or before 30th June? A. I declare I never heard a word of it—he did not tell me he was ready to complete his account.
THOMAS REYNOLDS . I remember the Christmas accounts being made out, and delivered to the prisoner—I swear Mr. Williams' account was among them, but cannot call to mind the amount of it—he never accounted to me for 1l. 3s. 6d., 6l. 7s. 6d., or 8l. 6s. 6d., as received from Williams and Dent—I had some conversation with him between 6th and 11th May, about the outstanding debts—I told him Mr. Deed had made out a list of all those accounts not paid up to Christmas, and he must look sharper after them—he said he would—I said, "If not, I must go round, and see to them myself"—the names of eight customers were mentioned by him that I was not to call on, as being his customers; Mr. Williams, Mr. Waine, Mr. Cook, and some others—I went out on the following day, Thursday—I did not go to any of those that he named—I saw the prisoner as I was on the way to Mr. Cook's—he said he had just called there, and Mr. Cook was out—I saw the prisoner that night, and he wished to know where I had been—I would not satisfy him.
THOMAS WILLIAMSON . I am in Mr. Deed's service. The prisoner has not accounted to me for these three sums—I have had conversation with him about the outstanding accounts—about Mr. Williams' Christmas account, the prisoner said he should be going that way, and he should call—since
Lady-day he said he had seen Mr. Williams, and he had made arrangements to pay him—I assisted in making out the Lady-day accounts—the prisoner requested Williams' and Waine's to be laid aside, because they were his customers—this receipt for 6l. 10s. 6d. is the prisoner's writing—it is not an account made out at the end of the quarter.
MR. CLARKSON to THOMAS REYNOLDS. Q. Do you remember the prisoner asking you to separate Williams' account from the others, and your saying, "You must do it yourself, I am so busy?" A. Yes; I cannot say when that was—I do not know why he wished it to be separated.
MR. BODKIN. Q. Did he take the account from the others? A. I cannot say—he had it with the others.
NOT GUILTY .
(There was another indictment against the prisoner for embezzlement, on which MR. BODKIN offered no evidence).
GUILTY . Aged 16.— Confined Fourteen Days.
GUILTY . Aged 19.— Confined One Month.
GUILTY . Aged 20.— Confined One Month.
GUILTY . Aged 13.—Recommended to mercy.— Confined Fourteen Days
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 50.— Confined Twelve Months.
OLD COURT.—Tuesday, July 10th, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; and
Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 19.— Transported for Seven Years.
MESSRS. CLARKSON, ROBINSON, and WOOLLETT, conducted the Prosecution.
THOMAS BLAND . I am a butcher, and live at 14, Rufford-buildings, Islington. On 3rd April, I saw a man named Ward, a butcher, in Exmouth-street—he asked me to go and take a glass of ale with him, and we went to the Bluecoat Boy—Lawler was there, having some brandy and water at the bar—he and Ward did not appear to know each other—Lawler said that butchering must be a good trade (I was in my butcher's coat), that he could not get a mutton chop under 10d., and he saw by the papers that meat was very cheap—I, in a chaffing way, said it must be a pretty good trade—in a short time Bailey came in—he appeared to be drunk—he said he had been waiting for his dear Mary for about two hours at the Angel, and she had disappointed him; that he had been to Sadler's Wells Theatre with her the night before, and bought her a new dress, which he gave six guineas for; that he had a relation died and left him 500l., or 500l. a year, and he asked me what business he should go into—I said, "If you have got 500l. I should advise you to keep it a little while and get a situation"—he said, "You are a good sort of a fellow; I will treat you to a glass of brandy and water"—I said, "Thank you, but I don't want any now"—Bailey did not appear to know Lawler at that time—Lawler asked Bailey whether he could play at knock-em-downs—Bailey said, "I don't know what you mean; in my county we play at bowls on the green, with a wooden ball"—Lawler said, "If you can play at that, you can play at knock-em-downs"—he said, "I don't know what you mean, but I have got plenty of money, and don't mind playing you for a bottle of wine"—I said, "You can't play here; there are no skittles here"—Lawler said, "Oh, I will take you to a place where you can play"—Bailey said, "Put your money down, and I will put a sovereign into the butcher's hands"—Lawler said, "I have but 4s. 6d. in silver, but that is enough for a bottle of wine;" and he put 4s. 6d. into my hands—I said, "Where are you going?"—Lawler said, "You follow me; I will take him down to the John Bull"—the prisoners walked arm-in-arm, and I went with Ward to the John Bull, in Brewer-street—we went into the skittle-ground—Lawler and Bailey commenced playing, and Bailey lost—Lawler knocked them all down at one time, and Bailey went about seven or eight times; he threw the ball as though he could not throw it at all—the wine was brought and paid for, and drunk—they then commenced playing for a sovereign, and Bailey kept losing—I said to him, "You had better not play; you will lose all your money"—he said, "Oh, I don't mind losing a hundred or two; I have got plenty of money"—every game he played he lost—the money was handed over as it was lost—a knock came to the door, and another party was let in—Lawler said to him, "This is private; you can't come in here"—he said, "Yes, I can come in here for a minute; you don't mind me," and he let him in—that person went by the name of Johnson then, but he gave me a different name afterwards—Bailey still kept playing, and Johnson betted, and Bailey lost all the time—Johnson betted with Bailey and Bailey paid him—Lawler said to me, "Why don't you have 5l.; it is a shame that this man (referring to Johnson) should come in and win his money"—I said I did not want his money; I should not bet—he said, "You may as well have 5l., he is sure to lose it all"—I then betted 5l., and then Bailey went in and won—he was then playing with Lawler—I betted that Bailey would not get them down in five times—he had got them down in about eight or nine times before, and then he got them down in five times—I paid that 5l. to Bailey—I then had the same bet with him again, and lost another 5l.; he got them down in four times—he then said, "I will bet you 50l.
you can't get them down in nine times"—I said, "No, I can't bet you 50l., for I have not got any money in my pocket"—Lawler and Johnson the came to me and said, "Oh, you can go and get 50l., it will not be much trouble for you"—I said, "No, I can't; it would not do for me to go home"—they said, "Have you not got anybody in the neighbourhood that would lend you the money?"—Johnson said, "If it was not so late I would go down to my brother, who is a merchant in the city, and he would lend me the money in a minute"—I said, "There was a party in the neighbourhood, if he was at home, that would lend me the money;" and I went with Johnson to Mr. Thorp's, in St. John-street-road—that was about four o'clock in the afternoon—I got 45l. from Thorp, and came back with Johnson to the John Bull—before I went for the money Bailey wanted me to put 5l. down for a deposit—I said I had but 3l.; I had 13l. when I left home, and I had lost 10l.—Johnson said, "Well, I have got 2l.; I will lend you 2l. to make up the 5l., which I put into Ward's hands, and then I went and borrowed the 45l. which made it 50l.—on our return Bailey said, "Oh, it was for 100l. that we made this bet, and unless you stick to the 100l. or put down 100l. I will not bet"—I said, "Why, you know I have been out to borrow this money, and I have not got 100l., therefore I cannot stake it; and Ward immediately came up, and gave Bailey his 5l., and me 3l., and Johnson 2l.; that was the deposit—Bailey then said, "I will play you for 20l."—I agreed—Lawler and Johnson put up the pins—a party wanted to come into the ground to put them up, but Lawler would not allow him to come in—I said I wished some one else to come in, but Lawler said, "I will put them up for you," and he did—I went first, and got them down in four times; Bailey got them down in three times—I paid him the 20l.—Lawler said he thought Bailey was getting stronger, and he said I was funking; but he said, "You are sure to beat him next time; go on again"—I went on again for 20l., and the result was the same as before—I think I went five times; Bailey went less than I did—I paid that 20l.—Lawler said, "The landlord thinks we are playing for money, and we must go from here"—I said, "I have lost my money"—he said, "Come along with me, and I will take you to a place where you are sure to win it back again"—I had been drinking at this time—I went in a cab to the Sportsman—Ward, a man whose name I now believe to be Powell; Lawler, Bailey, and Johnson, also went—we had six glasses of brandy and water there, and some cigars—we did not go into the skittle-ground there—we then went in a cab to the Duke of Bridgwater, near the Haggerstone gas-works—just before we got there Lawler ordered the cab man to stop, and said he would go and see whether the ground was all clear—he went, and came back and said it was all right—we went into the skittle-ground there, and Bailey and I played—I knocked them down in five times and Bailey in less—I lost 10l. and paid it—I then said I had lost all my money and had not got any more—Bailey said, "Oh, you are a respectable man; you can give me an I O U, or something of that, for anything you like, or a check on your banker"—I said, "No, I "can't do that"—he said, "Oh, I will go and fetch a pen and ink"—he did so, and a piece of paper, and I wrote "Pay to Mr. Stephens;" Bailey went by that name—it was for 25l.—I signed it in the name of "William Brand"—Lawler said, "We know that is not your name; you are a respectable man, and we can make you pay another day; we can prove that you wrote it"—Ward said, "Don't, Tom, give them a check," and I said, "I am not such a fool as to sign my own name to anything of the sort"—we played, and I lost—I was then stupid drunk—Bailey kept up the appearance of being intoxicated all the time—I put the paper into Powell's hands before that, and when
I lost he handed it over to Bailey—Bailey then pulled out his watch, and said it was past seven o'clock, and he had got an appointment to meet his dear Mary, and he could not disappoint a lady, and he must be off—Lawler said, "Oh, don't go yet; have another game"—he said, "Well, I will have another game, but I must go outside to make water"—he went out but did not return—I went out, and found he was gone out of the house, and I saw him running down the street—Lawler laid hold of my arm, and said, "Don't you run after him; I can run faster than you; I will fetch him back;" and he prevented me from running, and then he got out of sight—he said, "I will take care you shall have your money back again"—I said they were all a set of sharpers together—Lawler said, "You must mind what you are saying, I am as respectable a man as you are; and if you say so again I will bring an action against you to-morrow for defamation of character"—I asked him his name—he said, "My name is Dixon; I live at 16, York-place, City-road"—I afterwards went there, and could find no such number or any such person—Johnson said his name was John Weston, of 48, Cleveland-street, Fitzroy-square—there is no such number, nor any such person living there—I became rather stupified afterwards—this occupied altogether from three o'clock till about seven—I cannot tell exactly how much I had drunk—I had part of the bottle of wine at the John Bull, some brandy and water at the Sportsman, and we had some more brandy and water at the Duke of Biridgwater—I had not drunk any very great deal.
Cross-examined by MR. PARRY. Q. You call yourself Thomas Bland, do you? A. Yes, that is my name; I swear that—I have never gone by any other—I could have no object in putting the name of William Brand to the paper, except that I should not be made liable—I did not mean to cheat the other party—if I had won the 25l. I should have kept it—he had won my 58l.—I did not mean to pay the 25l.—I have never done anything of that kind before—I cannot describe how Lawler was dressed—he had a hat on, and a black coat—Ward is not a friend of mine, he is an enemy—I have known him some years—we were good friends at that time—I had the 13l. in my pocket when I came out—I did not take it out for the purpose of gambling—I had put it in my pocket the night before, after I had shut up shop—it was a 5l.-note and eight sovereigns—I had no intention of playing when I went to the Bluecoat Boy—I had not seen Ward that morning—he called at my house in the afternoon—I had not seen him it might be for a month or six weeks before—I never played skittles, or any other game, with Ward—I have played two games of cribbage with him since this occurrence—we did not play for money—that was three weeks ago—it is since that that I have discovered him to be my enemy—we played at some public-house in Clerkenwell—I am not much in the habit of playing cards—I do play, not at public-houses, but at my own house, and friend's houses—I have played at public-houses—I am not constantly in the habit of doing so—I was not in the habit of going about and playing with Ward—I have played at whist and loo at public-houses—I do not call myself rather a crack skittleplayer; I am a bad player—I have played before this occasion, not often—I have no doubt I have played as many as fifty times—I have played at billiards, and bagatelle, and all-fours—I do not understand ecarte—I am not a sporting butcher—I do not attend the races regularly—I have been there—I have not played there—I have never gambled there, or played at rouge et noir or hazard—I have been a butcher twenty years since I was first apprenticed—I have a room at home where my friends, when they come, may play, not where they come regularly for the sake of playing—I have not
been in the habit of playing cards frequently at the Bluecoat Boy—I have played there perhaps five times in ten years—I am not in the habit of playing at some game every day, nor three or four times a week—I have not been speaking to the witness, Ann Russell, about this case—I have not promised, or given her anything, except a shilling, to get something to eat—I am married, and have two children living with me.
Cross-examined by MR. PARNELL. Q. Did you play with any one but the person you say was Bailey? A. No; I did not bet with him till I saw he was losing his money with other persons—I think an ordinary skittleplayer would get the pins down in about three times—I did not propose the bet of 50l.—I took it immediately—I thought I could get them down in four or five times—I should have taken the money if I had won it—I do not always play for money—before this I do not think I ever played for more than half a sovereign a single game—the largest sum I ever lost or won at a sitting before this was about 8l. or 10l.—I do not play three or four times a week—sometimes I do not play for three or four months together, and then I may play three or four times a week—I bet very little on horse-racing—I had some men who were attending to my shop on this afternoon—I am generally at home in the afternoon—it is very unusual for me to be at a public-house all the afternoon—I began drinking very soon after I began to play, and continued to do so all the afternoon—I was not very drunk before I went to the second house—I was not too drunk to recollect how many games I played at the second house—I think it was three games, I am not sure—I had not seen Bailey before—I next saw him at the station at Islington-green on a Sunday evening, about a fortnight after—I then said I had never seen him before in my life—it was in the evening between the lights, about seven or eight o'clock—he had his hat off—I had a full opportunity of seeing him—I said I believed I had never seen him before, and he was discharged—he was found again without any difficulty—I was persuaded that it was him when I saw him again—I did not see him with his hat off when he was playing; he was more disguised with his hat off—I thought he was an older man when I had been playing with him—I did not see him with his hat off—I did not ask to see him with his hat on at the station—I was not there more than a minute—the second time I saw him he was brought to me by Archer and Collins, the policemen—I then recognised him immediately—Collins had not told me I was wrong, and he must be the man—Collins came for me the first time, and I went to the station, expecting to see the man who had been in my company four hours on 1st April—I lost two sums of 5l.; I put them into Ward's hands as stake-holder, and he paid them over to Bailey: one was a 5l.-note, and the other five sovereigns—I do not know a person named Hood, of High-street, Islington—I never won as much as 20l. at skittles, nor 10l.—the check I drew was upon Hill and Co., of Smithfield—I have no account with them.
MR. PARRY. Q. When was it you saw Lawler after this? A. The same day Bailey was apprehended—I was with the policeman when he apprehended Lawler; it was about a fortnight or three weeks after 3rd April—I had been with Collins about ten days before that looking for the parties—Collins had not told me that he knew the men; I swear that—he did not take me to any place to look for them—I was to point them out to Collins, not Collins to me—I described the men to him, and he said the persons I described he knew as players at skittle shops—I had made the mistake about Bailey before I saw Lawler—Collins said nothing to me which induced
me to think that Bailey was the man—he said he had offered him 5l.—that did not make me think he was the man.
MR. ROBINSON. Q. Have you any doubt whatever that Bailey is the man? A. No.
COURT. Q. When he wore his hat, did that cover any large portion of his face, so as to make any material alteration in his appearance? A. Very much—when Collins and Archer brought him to my shop he had his hat on, and then I identified him; I at once said he was the man.
THOMAS GLOVER . I am an ostler, and live at 2, Buxton-street, Clerkenwell. I am in the habit of going to the John Bull public-house—I know the prisoners, by seeing them there on two separate occasions—I saw them together, about a fortnight before I was examined before the Magistrate; I cannot say the day of the month—I did not see any one with them—I know the prosecutor as a neighbour—I have seen him at the John Bull—I have not seen him in company with the prisoners—I saw him at the John Bull the same day I saw the prisoners there, but not speaking to them—I applied to get into the skittle-ground, to set up the pins—I saw both the prisoners there—I did not receive an answer from them, but from another party who came out of the ground—I cannot say whether he was with the prisoners—I knocked at the door for admission—I found the door fastened, and when it was unbolted that party came up-stairs to me—I did not hear his name mentioned—there were several persons in the skittle-ground; I cannot say how many; more than six, I should say—I saw Mr. Bland there, and both the prisoners—I could not see the skittles—I did not see Bland doing anything—I was refused admission—I looked through the wicket—the person who refused me admission gave me a shilling, and said, "That will satisfy you as well as setting up the pins"—I afterwards heard that person called Johnson—I get a few half-pence occasionally by setting up the pins.
Cross-examined by MR. PARRY. Q. About how many persons altogether did you see in the skittle-ground? A. I should think eight or ten; there might be more; I cannot say exactly—Lawler had a hat on, and a dark coat—I saw him through the wicket—you go down two flights of steps into the ground—I could not see them playing, I could only see the ball go past—you can see a person from the wicket so as to recognize them, if they sit right opposite, where they were—I had seen Mr. Bland at that house before, not playing at skittles or cards—my stables are right opposite the John Bull—the police found me out through conversation—I am in regular work—I do not mark at skittles—I have been in my present service four months—I was an ostler before that—I look after cab horses, and clean the cabs—I have never been in any trouble, nor ever before a Magistrate, except on this business—I never knew Bland by any other name.
Cross-examined by MR. PARNELL. Q. Can you tell us who the rest of the eight or ten persons were in the skittle-ground? A. No; I might know them if I was to see them—Mr. Elsdon, the landlord, was not in the ground—I saw the prisoners' features—they had their hats on—the hole I looked through was a little bigger than the holes in the inkstand that the pens are put into—the place is lighted by a skylight, which is over the place where the pins, stand—this was between three and four o'clock in the afternoon.
MR. CLARKSON. Q. Had you seen the prisoners at that skittle-ground before? A. Yes, together—the size of the place I looked through was much larger than that book—it was not big enough to put my head through—it is a small door which opens—I have seen the prisoners twice at that skittle-ground.
Cross-examined by MR. PARRY. Q. What time was it? A. As near as I can recollect, between three and four o'clock in the afternoon—I have lent him money before in business, not for the same purpose—he told me he was having a game of skittles, and told me the bet—I do not know whether he said he should win; of course, all people that play expect to win—I do not play—I never betted on Bland at skittles or cards, or played with him—he told me where he was playing, and asked me to go with him, but I was engaged—I have seen Bland play at skittles for a glass of grog—I expressed surprise at his wanting the 45l.—I said, "Mr. Bland, what are you at; it is a heavy sum?"—he said it was all right; and I knew it was all right, whether he lost or won; I knew he was a substantial man—he said he had deposited 5l., and he must make his bet good, and it was all right—I never saw him play for 5l., or 5s.; and from what I have seen of him, I do not believe he ever did—I am not obliged to say whether he has repaid me the 45l.; that is my business.
Cross-examined by MR. PARNELL. Q. Where have you seen him play at skittles? A. At the Red Lion, next door to me, and once last Christmas at the John Bull—I have known him twenty years—I have seen him play four or five times—I do not consider him a good player—I have seen him knock the pins down in nine times, and five, four, and three times—he said he had made the bet with a man he supposed to be drunk, or crossed in love, or something of that, and he seemed to have plenty of money—he said he had bet him that he would not knock them down in nine times—I said, "You must be mistaken, he would not make such a bet as that."
COURT. Q. Did he mention "Dear Mary!" at the Angel? A. Something of that sort.
ANN RUSSELL . I am servant at the John Bull. On 3rd April, I saw Mr. Bland there, playing at skittles with Bailey when I took some wine to the wicket, which was fastened—I have seen Bailey there before, about four or five times, playing at skittles—I know Lawler, but not quite so well as Bailey—I saw him at the back of the house on 3rd April, but I understand since it was his brother—I heard so from three or four persons since I was before the Magistrate—I heard his brother say it was him—his brother is here to-day.
Cross-examined by MR. PARRY. Q. I think you are not positive that Lawler was there on this occasion? A. I said I was, but I am doubtful now—I have not seen Mr. Bland since—he has not spoken to me—I saw him once before this, at the John Bull—he was playing then.
Cross-examined by MR. PARNELL. Q. You have doubted it was Lawler since some persons told you it was not him? A. Yes; his brother is so very much like him that I could hardly tell one from the other—I think it was Johnson who took the wine from me at the wicket—I believe Bailey was dressed as he is now—he had no hat on.
COURT. Q. Then you have no doubt about him? A. No; I think it was at the bar I saw Lawler, between three and four o'clock—his brother was not there too—I did not see Lawler in the skittle-ground.
HENRY ELSDON . I keep the John Bull. I know the prisoners—I have seen Bailey about four times since I took the house in Nov.—I only saw Lawler on the day Mr. Bland was taken in—I saw them both there that day in the skittle-ground, and Bland playing—I have a window attached to my
kitchen from which I could see them, and it is always a regular rule with me, when I find this sort of thing going on, to stop it—my character is at stake—I have not the least doubt that Lawler is the man that was there—I know his brother; he was not there.
Cross-examined by MR. PARRY. Q. Were you in the skittle-ground? A. No; I never was in the ground in my life, except with my own friends—I never lock myself in—I looked out of the window, as I found there was money rolling on the ground—that was after the bottle of wine was sent down, about half-past three o'clock—I stopped it directly—they were not in the ground an hour—I have aided and assisted in putting an end to this system of swindling—I ordered them out of the ground the moment I looked out of the window—I had looked out previous to the wine being ordered—they were not there five minutes after—I will swear it was not an hour, it might be half an hour—before I kept this house, I was clerk to Mr. Charles Winston, of the Home Circuit, for seven years—I left him about two years ago, in consequence of a gentleman who had part of the chambers becoming bankrupt—I then attended to the business of my father-in-law, who keeps the Essex Head, in Essex-street, Strand, a highly respectable man, who was formerly high-steward to the Duke of Bedford—I never play at skittles, except with my friends, and never for money.
Cross-examined by MR. PARNELL. Q. Was there a skittle-ground to this house before you took it? A. Yes; the house had been closed about two months before I opened it—the license was transferred to me—I have no billiards there—I was once summoned before the Magistrate for a disturbance at my house, by a girl striking me—that was about three weeks ago—the Magistrate fined me 10s., and 2s. costs—they proved she was a common prostitute, and charged me with keeping a disorderly house—it happened between one and two o'clock in the morning—that is the only trouble I have been in—after Mr. Bland's affair, three persons came and insulted me at the bar, and called me a thief, and created a disturbance—I ordered them out—they would not go, and one of them, a Mr. Waite, of Islington-gate, brought an action against me, and laid his damages at 200l.—the Magistrate dismissed that case—there has been no charge against me for allowing boys to play at skittles on Saturday night—some boys did come there, and I forbad them, and closed the ground—that is since this occurrence—those boys had been there occasionally before—they might be fifteen or sixteen years old.
MR. ROBINSON. Q. What did the three persons threaten you about? A. They called me a d—d thief, and said that I aided and assisted in committing the robbery on Mr. Bland, and that I had had a portion of the money, and they dared me to go down to the police-court to prove the case—they said they would take and chop my b—y head off.
WILLIAM FAIRWEATHER . I manage the Duke of Lancaster public-house. I have known Bailey by sight nine months—I was first introduced to him at a public-house in Clerkenwell—there were five or six others with him—I saw them play—Bailey did not play with great skill and dexterity—he feigned to be very drunk—he won and lost according to their own convenience—he was playing with a man who represented himself to be as the captain of a vessel—he won of him, and he lost to the same man—I was invited to play with them, but did not—he began by winning half-a-crown, and then lost a sovereign—he then lost again, and after he had lost about 2l. 15s., he began to win a sovereign at a throw—this was about eight or nine months ago—I cannot tell how much he won—I have seen Mr. Bland there, but not in company of the prisoners.
GEORGE COLLINS (policeman.) I took Bailey into custody on Sunday night, 22nd or 23rd April—I told him I wanted him for conspiring with others in robbing Mr. Bland of 58l.—he said, "I know all about Mr. Bland's business; it was a gambling transaction, and I shall gamble at long as I live"—on the road to the station, he suddenly stopped, put his hand into his pocket, and pulled out five sovereigns, and said, "Here, take this, it is more than you will make by the case"—I said, "No, I won't take it if you made it fifty"—I fetched Mr. Bland, and he said he did not think Bailey was the man (he had his hat off), I let him go—I took him again on Thursday, 25th April—Archer was with me—I told him I wanted him on the same charge I took him on before—he said, "Well, I will go with you, Mr. Bland cannot identify me"—on the road to the station, he said, "Half-a-pound or a pound a piece is much better than taking me"—I had known Bailey before, and knew his father; he offered himself as bail for him—I know Lawler by seeing him about the streets; I have seen him and Bailey together—I never saw them playing—I have seen them with other persons.
Cross-examined by MR. PARRY. Q. How long have you known Lawler? A. About two years, by seeing him about the street—I know nothing against him—when he was taken, he said he did not know anything about the job, nor yet where the John Bull was.
Cross-examined by MR. PARNELL. Q. Was any one present when you took Bailey the first time? A. Yes, a female; she is here—when Bailey saw Mr. Bland at the station, he said he had never seen him before in his life—it was between the lights, between seven and eight o'clock—Mr. Bland heard his voice—I am not a sporting-man—I was at Copenhagen-house on Whit-Monday, at a wrestling-match—I was on duty there—I did not bet—I was not stake-holder to the wrestlers—I would not lend myself to such a thing, I have too much respect for my character.
JOHN ARCHER (policeman, G. 217) I was with Collins when Bailey was taken—on the way to the station, he said something to Collins about a pound or half a pound—I could not hear what it was—I afterwards took Lawler—I told him it was for being concerned with others in conspiring together to defraud Mr. Bland of 58l. at skittles—he then asked where it took place—I told him at the John Bull—he asked where that was—I told him in Brewer-street, leading from Goswell-street into St. John-street-road—he said he never was there in his life.
MR. RIBTON called the following Witnesses for Lawler:
SARAH LAWLER . I reside at 23, North-avenue, Caledonian-road. The prisoner Lawler is my son—I have another son named George—on Wednesday, 3rd April, the last day of the Easter holidays, the prisoner went out between nine and ten o'clock in the morning—he returned about two—he asked me for something to drink—I told him I had no money—he wanted to pledge his coat, but I said I would make him some money if he would give it me again on Saturday night—he said he would, and I went and pledged a gown-piece—here is the duplicate (producing it)—I came home again in about twenty minutes, found a friend named Mary Smith, and Frederick Pavior, who had brought my son a pair of boots home which he had repaired—my son never went out again all day—he went to bed after tea, about five—my daughter-in-law and my sons were there.
Cross-examined by MR. CLARKSON. Q. How does your son get his living? A. He belonged to Bell's Life for three years and a half—he was not in work that day—he occasionally works at his trade—he was at work the week
before—I went before the Magistrate, but was not called—Ward was there, as one of my witnesses; he gave evidence.
GEORGE LAWLER . I am the prisoner's brother. On 3rd April I was at home all day—my brother went out in the morning before I was up—he returned about one o'clock, and did not go out again—he went to bed about five—he had been drinking—he got up, and had some supper, and went to bed again when we all went—he lives in the top room—I rent the first-floor of my mother—Mary Smith was there; she is not here; she is not able to come—I know Ann Russell; I never told her I was the person that was at the John Bull—Ward has been subpoenaed, but will not come.
Cross-examined. Q. What are you? A. A printer—I can play at skittles—I was never charged with cheating persons at skittles—I was once before a Magistrate, charged with loitering about with intent to commit a felony, and I have now an action pending against the party for false imprisonment—the Magistrate discharged me—I was at work last night on the Morning Chronicle, at the machine—I am occasionally employed there—I have been for six years regularly employed on Bell's Life, and my brother was there more than three years—since we left there he has been jobbing about at different offices—I was never charged with getting 6l. or 7l. from a boy at skittles—such a thing never happened—I was not at the John Bull on 3rd April.
MARY ANN LAWLER . I am the wife of the last witness. I remember 3rd April, because I had to make two bonnets for a person, and it was the Wednesday in the holiday week—the prisoner came home that day between one and two o'clock, and remained at home all the afternoon.
Cross-examined. Q. What time did he go to bed? A. About ten o'clock—he laid down about six, and got up again about eight to have a little supper, and then went to bed about ten—he was a little the worse for liquor—my mother went out to pledge a piece of print, to get him some beer, to keep him at home.
FREDERICK PAVIOR . I am at present an inmate of King's College Hospital. I am a boot-maker, and live at 5, Tavistock-court—I know Lawler—on Wednesday, 3rd April, I went to his mother's house about three o'clock, and staid there till eight—after tea he went and laid down till about eight, and then he came and had a little supper—I have been ten weeks in the hospital—I went in on 1st May, but I was ill three weeks before that.
COURT. Q. Were you at Lawler's on any other day besides 3rd April? A. No—I met with an accident next day, Thursday, and injured my leg, so I could not go before the Magistrate.
MR. PARNELL called the following witnesses for Bailey:
HENRY DARRAH . I am a watchmaker, and live at 8, York-street, City-road. I know Bailey—I saw him on 3rd April, about eleven o'clock in the morning, at a beer-shop in Old-street—I remained with him about different parts of Bethnal-green, and left him about twenty minutes or a quarter to six, in Whitechapel-road—he left me about two, for twenty minutes, at the Rose, close by the Cemetery at Bethnal-green, and then returned, and we had some dinner—I recollect it was 3rd April, because it was Stepney Fair-day.
Cross-examined. Q. When did you make a watch last? A. I made part of one this week—I do not keep a shop—I work for Mr. Dixon, of 42, King-square—I do not know York-place—I was never there, to my knowledge—I do not know a person named Dixon, living there—I have five brothers—one is named Richard; I do not know where he is now—I have never been in any trouble—I have been three times before a Magistrate; the last time was six or seven years ago—the first time was for an assault, the second the
same, and the third for being out late at night—I have known Bailey six or seven years—he has a brother, but I do not think he is much like him—I sometimes play at skittles—I have known Lawler about twelve months—I never played at skittles with him—I have played a game with Bailey, not when Lawler has been there, to my knowledge—I have seen Bailey and Lawler together perhaps a dozen times—I was not before the Magistrate.
RICHARD FLOWERS . I am a tailor, and live at 10, Middle Grove-street, Commercial-road. I know Bailey, by having had the pleasure of being about half a dozen times in his company—I saw him on Wednesday, 3rd April, and was in his company all that day—about half-past ten o'clock on Monday morning I met him at the Fox, in Old-street-road, kept by Mr. Johnson—he was having a pint of ale there, along with two more gentlemen, when I went in—we got into conversation, and he asked me what I would make him a pair of black trowsers and a waistcoat for—I told him—he said, "Well, we may as well take a walk, being such a nice morning," and we went to the Victoria Cemetry, Bethnal-green, as he said he had a relation buried there, and he wished to see a tombstone which was erected—we got there about twelve o'clock—it was on Easter Wednesday, 3rd April—there were two gentlemen with us; Darrah was one—after we walked round the cemetry we went into the Rose and dined, about half-past one—we remained there till three, and then went through Stepney fair, and then into Whitechapel-road, where I parted with him, about twenty minutes past five—he was never out of my company, from half-past ten till three—we were not near the Blue-coat Boy in the City-road.
Cross-examined. Q. Did you not at first say it was on Monday morning? A. No; Wednesday morning—I do not know what Bailey is—this was the first and last time of my being in his company—I mean the first and last time of my being out with him—I did not know Darrah before—Stepney fair lasts three days, Monday, Tuesday, and Wednesday; this was on the Wednesday.
SARAH COPLEY . I know Bailey very well by sight—I was with him when Collins took him on Sunday evening—I cannot exactly say what he took him for, and did not hear exactly what Bailey said—he said he was innocent, and was astonished that he was taken—I do not believe he said, "I know all about Mr. Bland's business; it is a gambling transaction"—he did not take out any money and offer it to the policeman—he said nothing about giving him 5l.—I did not hear him say "I shall gamble as long as I live."
Cross-examined. Q. Where does Bailey live? A. I think somewhere in Islington, but I cannot say exactly where—when Collins took him we were in the road—it is likely I was keeping company with him; I was not living with him—I get my living by washing and ironing—I lodge at No. 1, Pulteney-street, Barnsbury-road, on the second-floor—Bailey has never visited me there; he has been outside the house once or twice, but not in—I do not know where he was living in April—I was at Bailey's lodging, in Britannia-row, the day after he was taken—I have been there about three or four times—I went to speak to Bailey—I did not know him by any other name—I did not inquire at the house in Britannia-row for Mr. Kendall—I never called Bailey, Kendall, to my knowledge—I do no not know who keeps the house; they say it is his father; his name is Kendall they say—I do not know Lawler—I never saw him before he was at the police-court.
MR. PARNELL. Q. Do you know Mr. Davis, of the Sportsman, by sight? A. Yes; I saw him here this morning—he is not here now.
BAILEY— GUILTY . Aged 45.
LAWLER— GUILTY . Aged 27.
Confined One Year.
NEW COURT.—Tuesday, July 9th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. GIBBS; Mr. Ald. WILLIAM
HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 28.— Confined Six Months.
GUILTY .** Aged 19.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Four Months.
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 50.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. HUDDLESTON and O'BRIEN conducted the Prosecution.
WILLIAM HENRY RICHARDSON . I am a shoemaker, at 19, Sun-street, Bishopsgate. I became acquainted with the prisoner in July, 1848, through a sister of mine—I had some time previously advanced some money to her to bring an action; it was in the attorney's hands, but I had drawn it back—the prisoner knew that—I received a letter from my sister, and saw the prisoner about it—I told her I came respecting a situation which she told me she could get through her influence—I asked her several questions, and wished to know who she had influence with—she mentioned several names, and told me she would get me a situation if I would give her 50l.—that was what she said first—I said I hoped this affair was quite right—"Oh dear, yes," she said, "I am personally acquainted with Lord Alfred Paget, to whom I will write concerning the situation that I know he will get for you through my influence," and she would let me know the result in a few days or a week, when she heard from him—that was about the 2nd or 4th July—she asked me for some money: I had none with me: I went round to the attorney, got 15l., and sent it to her by my sister—the prisoner afterwards sent me a letter about 10th July, and I saw her in consequence—she said she received the 15l. through my sister, and showed me a letter—she said she had written to his
lordship, and he could get me a place in the Home-office as a messenger—she held a letter, and said, "I have received this letter from Lord Alfred Paget, it is respecting this situation, which he says he can and will get you in a week, as he has made application for it"—this is the letter I received from her—I have seen her write; it is her writing—(read—"27, Coventry-street, Haymarket, July 10th. My dear Sir,—Shall I be intruding on your time, if I ask you to call upon me to-morrow, Tuesday morning, I shall be alone and quite ready to receive you from half-past ten until twelve o'clock, if between those times will suit you. I have had the pleasure of seeing your sister to-day, who I am happy to say is looking much better. I have seen the party I wrote to you about, and have good news to impart to you. I remain, dear sir, yours most respectfully, ANNE M. TOLFREY.—when I next saw her she asked me for 10l.—I told her if she came to my residence she should have it—she came down with my sister, and I gave her two 5l.-notes in Earl-street, Finsbury, on the faith of the promise of this situation, and on the letter—I should not have parted with my money unless she had mentioned the name of Lord Alfred Paget—I had several interviews with her afterwards—on 13th October I received another letter, appointing to meet me in Wilson-street—I went there that afternoon, and saw her—she told me I was to go to the situation on the Monday week following, and asked me for another 10l., which I gave her in two 5l. bank-notes, on the faith that I was to be installed in this situation on the Monday week following, and I was to give notice to give up my business—I saw my sister during these times; she was present at the first interview between the prisoner and me—I was appointed to the situation twenty times but never got it, and I never got my money back—I saw the prisoner afterwards—she held out hopes to me that I should get the situation—I lost sight of her at Christmas, and did not see her until I apprehended her.
Cross-examined by MR. BALLANTINE. Q. This sister of yours brought an action for breach of promise of marriage? A. She did, and this 50l. was advanced to carry it on—the prisoner did not assist in the course of these proceedings—my sister recovered damages 250l.—she and the prisoner were acquainted—the prisoner was represented to me by my sister as a person of good property—she was in very good circumstances when I saw her—she was living in lodgings at a wine-merchant's in Coventry-street—this affair began in July, 1848—the last sum was obtained in Oct. 1848—I went to Lord Alfred Paget, but did not see him—the prisoner mentioned the names of other gentlemen, but I cannot bring them to mind—she said her husband was an officer in India, and during the time he was in England he used to entertain his lordship at his table—she did not mention the name of his lordship's brother, but I have it in a letter—I have been to the India-house, and ascertained that her husband is not an officer—he is a private—he was alive last May—the first money I sent by my sister, I did not take any acknowledgment for this: I gave it—I have no bill of exchange or document, nor I O U—I did not tell Mr. Moore that I had a bill for 35l.—I was in the habit of seeing my sister during the whole of this period.
JAMES WEBSTER JONES (policeman, B 59). I took the prisoner, on 22nd May—Mr. Richardson was with me—I told her it was on a charge of obtaining money from Mr. Richardson under false pretences—she said she had given him a bill for the money, that she knew what he had come about.
LORD ALFRED PAGET . I do not know the prisoner—I never had any acquaintance with her—I never wrote a letter to her, and have never been entertained at her house. GUILTY . Aged 36.— Confined Eighteen Months.
(The prisoner had been in custody six years ago, for a similar offence.)
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN PREW . I live in Oxford-street, and am a hosier. On 27th June, about ten o'clock at night, I saw some men standing near my shop; the prisoner was one of them—I asked if he wanted to buy a pair of braces—he came into the shop—the price of them was 10d.—he gave me a bad shilling—I said, "You rascal, you knew it was bad," and ordered him out of the shop—he said he was sure it was good—he went away, and was brought back by a policeman in a few minutes—I saw a bad shilling found on him—I gave the policeman the shilling the prisoner gave me.
JAMES M'LASKEY (policeman, C 101). I took the prisoner about ten o'clock, after running about 200 yards, and asked him what he was running for—he said, "For a lark"—I took him back to Mr. Prew, and found on him 3s. 8d. in good silver, and this bad shilling(produced)in a purse with the good silver; also 9 1/2d. in copper—I received this other shilling from Mr. Prew.
Prisoner's Defence. I had changed half-a-crown, and taken the two shillings; I took one to the shop, the other was in my bag.
GUILTY . Aged 24.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
NATHANIEL HODGES . I keep a beer-shop in Widegate-street, Bishopsgate. On Saturday, 8th June, the prisoner came a little after eleven o'clock at night—I was very busy—he joined some other men—he had a pot of beer—he paid me for that in coppers, called for another pot, and threw down a half-crown—it came to 3d.—I gave him change, and put the half-crown in the till—there was no other half-crown there—when the second pot of beer was drank, the prisoner went away—I took the money out of the till in three or four minutes after he was gone—there was only one half-crown there—no one had been to the till in the meantime but myself—I was there the whole time—I found the half-crown was bad—I marked it and put it on one side—I afterwards gave it to the police-sergeant—on the following Saturday night, the prisoner came about the same time—I was very busy—he called for a pot of beer again, and gave me a bad sixpence—I did not mention to him that it was bad—I gave him change, and kept it in my hand—I sent out for a policeman while the prisoner called for another pot of beer, and gave me another bad sixpence—I saw a constable go by—I called him in, and gave the prisoner in charge—I told the prisoner I could not stand it any longer—he said, "Is it bad?"—I said, "Yes, and you know it," and he gave me another bad sixpence—I marked all the sixpences, and they were given to the sergeant and the half-crown.
ALEXANDER SANDERSON (City policeman, 70). I got a half-crown and three sixpences, from Mr. Hodges, on 15th June—these are them—I wrapped them in this paper, sealed it up, put it in a drawer, and gave it to the sergeant.
ATHANASIUS NAGLE (City-policeman, 720). I got these from the sergeant, and gave them to Sanderson—I have another bad sixpence, which I found on the prisoner in searching him—I also found on him a shilling, a sixpence, and twelve pence in copper, which were good.
Prisoner's Defence. I took them as good money.
GUILTY . Aged 45.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZA WISEMAN . I am the daughter of William Cornelius Wiseman; he keeps a chandler's shop. On the morning of 25th June, the prisoner came for some tea and other things which came to 4 1/2d.—she gave me a King's shilling—it was bright—I gave her change, and put it into the till—there was one other shilling there, a very old one and dark-coloured—I continued in the shop till my mother came in; about an hour—no one had been to the till during that time—about half-past four o'clock, another woman came—she bought some things which came to 4 1/2d.—she paid me with a Queen's shilling—I put it into the till—the other two shillings were still there—I afterwards saw my mother examine the three shillings—two of them turned out to be bad—no other shillings had been put into the till—I was there the whole time—next day, Wednesday, the prisoner came again, about ten in the morning—she asked for something which came to 7 1/2d.—she paid me with a bad shilling—I called my mother, and gave it her—an officer was sent for, and the prisoner was taken.
CHARLOTTE WISEMAN . On 25th June I left my shop in charge of my daughter—I went to the till in the afternoon, and found three shillings—two of them were bad—I kept them separate, and gave them to the officer—next morning my daughter gave me a bad shilling—I marked it, and gave it and the other two bad shillings to the officer—one of these is a King's shilling, and the other two are Victoria's.
GUILTY . Aged 45.— Confined Six Months.
FREDERICK HAWLEY . I live in Shepperton-cottages, Islington. The prisoner was left in charge of my house during my absence—I left town on 12th May, I returned on 21st, in the evening, and missed a pair of sugar-tongs, a scarf, and a metal teapot, which were there when I went away—these are them—I found three duplicates in the house, which I gave to the policeman.
JOHN CRIPPS (policeman, N. 160) I took the prisoner—she said she had been living as servant at 17, Shepperton-cottages, and had robbed her master—she cried very much—I produce these duplicates, which I got from Mr. Hawley.
CHARLES FARROW . I am in the service of Mr. Coley, a pawnbroker. I produce this scarf, tongs, and teapot, which were pawned by the prisoner on three different occasions—these are the duplicates that were given her.
Prisoner's Defence. I left Islington Workhouse, and was engaged for one month only; at the end of the fortnight I told Mrs. Hawley I should leave at the end of the month; I afterwards consented to stay another month; Mr. Hawley then left town, he did not write; and as I could get no information when they would return, I left the situation, and left the key of the house at Mrs. Hawley's aunt's; before leaving I pledged the property, but not with
the intent to steal, having left all the tickets in Mr. Hawley's house, and wrote to him, telling him where to find them; the amount I received on the articles was the same as the wages due to me, 12s. 6d., part of which I was obliged to expend on the house, as all the money Mr. Hawley left me (10s.) was exhausted on the Friday previous to my leaving, to provide for myself and breakfast for a young gentleman whom Mr. Hawley sent to sleep in the house; I did it with the intent of paying myself the money due to me.
GUILTY . Aged 36.—Recommended to mercy by the Jury.— Confined Three
EDWARD FIRTH . I am a woollen-draper, of Aldgate. The prisoner was in my employ about two months—on 1st July I called in an officer—I had observed the prisoner to go up to his bedroom at a time when he had no right to go there—I asked him, in the officer's presence, why he went there—he said he went for his handkerchief—his boxes were searched, which were in his bedroom on the third-floor—he was present—I found there a piece of black kerseymere and a piece of marsella quilting for waistcoats—I asked him where he got them—he said he bought them, fifteen months ago, of a man in the Borough, who was since dead—they were wrapped in these two papers, which had come out of the shop—one of them is written on—I compared them with the pieces from which they had been taken, and which I produce—this white one matched in every respect, except that a piece has been cut off it—this black one matches thread for thread.
Cross-examined by MR. BALLANTINE. Q. What was he? A. Shopman—his wages were 35l. a year, to be paid quarterly, and he boarded and slept on the premises—he had received no wages—the value of this black kerseymere is 5s. 6d.—this marsella quilting is very common, plenty of it can be got in the market—the box was not fastened—anybody in the house might get to it—two other young men slept in the room.
HENRY FINNIS (City-policeman, 633). On 1st July, I was called to the prosecutor's—the prisoner was given into my custody—I searched his boxes, and found these two articles—he said he bought them fifteen months ago, at a shop in the Borough.
Cross-examined. Q. Were they covered over? A. They were in a compartment at one end of the box—a board parts one end off—they were not concealed—they were in these pieces of paper—his box was not locked—he opened it at once.
NOT GUILTY .
JANE BAILEY . I am the wife of Thomas Bailey. The prisoner was in my employ occasionally, to carry home linen that I had to wash—on Saturday evening, 15th June, I sent him with a basket of linen to Mrs. Ramsden—he was to receive 3s. for it—he did not come back, or account for it—he afterwards said he had lost it—he did not bring back the basket that I sent the clothes in—I had employed him so before, and he brought the money correctly.
NOT GUILTY .
HOUGH pleaded GUILTY . Aged 17.— Confined Eight Months.
JOHN LOVELOCK . I live in Vauxhall-road. On Saturday night, before I went before the Magistrate, about twenty minutes before ten o'clock, I was sitting near my own house—I saw the prisoners going in a direction from Vauxhall-bridge towards Pimlico—I then saw them come back—I saw them go near Mr. Thompson's shop, and Hill picked up this caddy from the board outside, and put it under his coat—he then walked up and down the road—I told a policeman.
ALEXANDER HUDDY (policeman, B 199). Lovelock spoke to me—I went to White-street, and saw the two prisoners together—Hill said, "Here comes the policeman—I took Hough, with this caddy on his arm—he said, "I did not steal it"
Hill's Defence. I was going to Chelsea, and the policeman took me; I had nothing to do with the caddy.
HILL— GUILTY . Aged 17.— Confined Twelve Months.
ANN JERRELL . I am single. On 17th June, about half-past eight o'clock in the evening I met the two prisoners—they asked me to direct them to the British Museum—I turned round to direct them, and Ellis turned round very quickly, and came to my right side—while I was speaking to them, a young man stared at me—when I turned again, Ellis moved her shawl very quickly—we separated; and in consequence of her coming so close to me, I put my hand into my pocket the moment I left them, and my purse was gone—there was one sovereign and seven shillings in it—I had it safe about three minutes before—I had only come from No. 4 to No. 6, and had walked straight along—I went back—the prisoners were both together, and a young man was speaking to them—Ellis was looking after me—I did not go up to them—they stood there a minute or two, and went across the road—I followed them—they went down Chandos-street, and down Queen Ann's-mews—the man went in an opposite direction—I followed the prisoners—they ran up the steps of a house in the mews—I gave them into custody—the man was five or six yards from me.
Cross-examined by MR. BALLANTINE. Q. You are servant to Mr. Lambert? A. Yes; I could not have lost my purse in any other way—I put it into my pocket as I came up the kitchen stairs—there was no hole in my pocket.
MARTHA RUSH . I live at 2, Queen Ann's-mews. On Monday evening, 17th June, I was sitting at my front window, about a quarter-past eight o'clock—I saw the prisoners run into the Mews—the man took an opposite direction—the prisoners came up the steps to my room, and Sheehan asked me to let her go to the closet—I did not, for we have not one—we were putting the prisoners down the steps when Jerrell came—we gave the prisoners in charges.
SAMUEL RUMBALL (police-sergeant, D 19). About half-past eight o'clock that evening, I was called to Queen Ann's-mews by Jerrell—she gave the prisoners into custody—I took them to the station—they were searched by the female searcher—there was nothing found on them, but eight shillings on Ellis.
ELLIS— GUILTY . Aged 19.— Confined Twelve Months.
SHEEHAN— GUILTY . Aged 17.— Transported for Seven Years
GUILTY . Aged 15.— Confined Twelve Months.
GUILTY . Aged 21.— Confined Twelve Months.
PHILIP GEORGE DODD . I am a jeweller; the prisoner was in my service; he left me about 25th May. On 16th March I missed a valuable diamond ring from the window—on 3rd June I began to take stock, and I missed nine valuable rings, and on the following Thursday I missed thirteen pair of earrings; I have seen one of the rings since—this is it—it has my writing on it—I lost it from the window.
Prisoner. Q. Had I access to your window? A. No, it could only be by my assistant turning his back; he then might have access to it—my young man has a key of the window, and I have one—I did not miss a picture frame, but I identified this one at his lodgings—it was kept locked up in a glass-case, to which he had access—I have seen my black earrings since, but not the gold ones—these articles are mine—these thimbles and brooches are mine.
HENRY BILSON . I am an assistant to Mr. Barker, a pawnbroker in Houndsditch—I have two brooches, a jet necklace, and four pair of earrings—the necklace and three pair of earrings were pawned on 19th Jan.; another pair of earrings the same day, and the brooch on the 25th, all by the prisoner, with the exception of one pair of earrings, which were pawned by his wife—I know him and his wife perfectly well.
JOSEPH HEADINGTON (City policeman.) On 8th June I had some information—went to the prisoner's house, and met him in the passage—I told him the charge—he said he knew nothing about it—I took him to the station, went back, searched the house, and found three duplicates and a cameo brooch.
Prisoner. I plead guilty to taking the ring and the black earrings—I know nothing of the other things. GUILTY .
GUILTY . Aged 32.— Transported for Seven Years.
MR. RYLAND, conducted the Prosecution.
GEORGIANA LOUISA DOUGAL . In May and June I was residing with my grandfather, Mr. Westmacott, at Finchley. On 16th May I had a brooch—I saw it that day on my table—the prisoners, who are aunt and niece, were servants of my grandmother—they had access to my bedroom—I saw the brooch between six and seven o'clock in the evening, and missed it next morning—I asked the prisoners if they had seen or heard anything about it—they said they knew nothing about it—I made that inquiry several times and always got the same answer—I saw the brooch again when the policeman brought it.
Cross-examined by MR. ROBINSON. Q. Is the brooch here? A. Yes, this is it—I don't know the value of it—I believe it is gold—I know it by this setting round it—there was one other servant beside the prisoners—I don't know that a charge has been made by Mr. Westmacott against another servant who died shortly afterwards.
HENRY SHAWYER (policeman, S 102.) On 18th June I was sent for, and took the prisoners—I found the brooch on the 19th in a box which I had searched on the 18th—Thornbey then identified it as hers—it was rolled up in this pair of stockings, which bear the mark of J. B. No. 7—the stockings were shown in the Court, and Thornbey said they were not hers—Burt did not say anything about them.
NOT GUILTY .
MR. RYLAND conducted the prosecution.
EMILY MARIAN FORBES WESTMACOTT . I live with my father, at Finchley. On 30th or 31st May I saw this brooch in a small Indian in laid box on the drawing-room table—the box did not belong to me—I don't know how the brooch came in it; it was usually kept in my own box, in my bedroom—it was produced to me on 24th June—it was the prisoner's duty to clean the drawing-room—she had been in my father's service about five months.
Cross-examined by MR. ROBINSON. Q. Were you in the habit of wearing it? A. I had only worn it once in my shawl—there was a charge against another servant, about two years ago—she died some time after she had left, a few days or a week—I don't know whether there was an inquest on her body—my father is a retired sculptor—I wore this brooch 30th May, and left it on the drawing-room table.
JAMES HERSEY (policeman, S. 144.) On 18th June, I made a search in Mr. Westmacott's house—I had just shut up a box in the prisoner's room, and I saw her go behind the door where a gown was hanging—she put her hand to the gown, took out a piece of paper—I turned, and she tried to toss it down—I said, "Halloo, Jane, what is that?"—I took it up; this brooch was in it—she said, "That is the brooch I picked up in the drawing-room."
NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
JOHN ALEXANDER WILSON . I am in the employ of Mr. Carey; we had an account with Mr. Van Oppen. On 1st June the prisoner called, and I paid him 9l. 1s. 6d.—on 14th June I was at Mr. Van Oppen's, and the prisoner was there—I called for some other things, and Mr. Picard, Mr. Van Oppen's partner, said we were indebted to them—I said I had paid it to the prisoner—he said he had not received it, but that he called often and had not seen me—this is the receipt be gave me.
JAMES FREDERICK VAN OPPEN . I am partner with Mr. Picard; the prisoner was in our employ the last thirteen months—it was his duty to collect money and pay it daily to me—he did not pay me 13s. on 25th May, or the other sum—I recollect Mr. Wilson coming to our place—my partner was there—he said there was an account owing—Mr. Wilson said he had paid it—he came up to the prisoner and accused him of having had the money—the prisoner denied it, and said he had called repeatedly and Mr. Wilson was out, which was the answer he had brought to me before—Mr. Picard went with Mr. Wilson, and I asked the prisoner if there was not something wrong about it—he said yes there was—that was all that passed on that occasion—he came afterwards and said he hoped we would excuse him; he had been sorely pressed by a tailor, and had used the money, but he never intended to defraud us.
Cross-examined by MR. PARRY. Q. He admitted this at once to you? A. Yes—his salary was 40l. the first year—I dare say we might have raised it to 60l.—we intended to begin on the 1st of July—he had not applied to me before for an increase—I did not agree to take this money back—an arrangement was suggested, but we did not agree to it—the prisoner said he would pay 5l. 12s. in cash, and give a bill for the rest—my partner said he would take that, if he could raise it—they went away, and were not able to return with the money—the prisoner was taken with his brother on the Monday night—if they had come back with the money I think most likely my partner would have taken it—he returned 5l. once before on a sum of 9l., and was to pay the balance—he said he had more money at home, but he did not bring it—I do not think he would have paid us this—my partner perhaps would have taken it, but I was against it—we have heard since that he supported a sister—he has had 1000l. a week pass through his hands—he had been with us thirteen months—we had a good character with him.
MR. O'BRIEN. Q. Had the other 9l. anything to do with these sums? A. No; that occurred in the beginning of May—I went to the prisoner's lodging with the policeman on the Monday evening—I did not give him into custody on the Saturday—something had occurred between the Saturday and the Monday.
GUILTY . Aged 20.—Recommended to mercy by the Jury and Prosecutor.— Confined Four Months
OLD COURT.—Wednesday, July 10th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron ALDERSON; Mr. Justice PATTESON; Mr. Justice TALFOURD; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald. SALOMONS.
Before Mr. Baron Alderson and the Third Jury.
1269. EDWARD HAWKES , stealing, whilst in the Post-office, a letter,containing 1 miniature and 1 thimble: also, a letter containing 1 sovereign; the property of Her Majesty's Postmaster-General: to which he pleaded
GUILTY . Aged 39.— Transported for Ten Years.
GUILTY . Aged 35.— Transported for Ten Years.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Justice Patteson.
MR. PARRY conducted the Prosecution.
FANNY JONES . I am single—I have no place of residence. On 20th June I was at Hampton Races, and in the evening I was going with John M'Cormick towards Staines—we went into a public-house, and saw the four prisoners there—we had a pint of ale—I then had 8s. 2 1/2d. in a little wooden box—I had earned that money by selling cards of the races—I paid for the ale with 2 1/2d., which I had loose in my pocket—we left the house with the prisoners—when we got about a mile on the road, Smith asked how we got on at the races—M'Cormick said we had taken about 7s. or 8s.—Shearman then went back and gave a fiddle which he had to Rosanna Maynes, and then the two women took hold of me, one by the throat and the other by the hands, and the men took hold of M'Cormick—when they could not find the money on him the men came to me, and Smith said, "Jones, where it your money?"—I said, "In my pocket"—Lyford said if I made any noise while they were taking the money from me they would choke me—I said I would not make any noise, they should take it from me—Smith took the box and money out of my pocket, and went back to M'Cormick, turned it out in his hand, and said there was 8s.—they still had hold of me—Smith brought me back 5s. 6d. and the box, and told me to count it, and see that all the money was right—I am sure there was 8s. in it when he took it—the women let me go and stood in front of me while I was counting the money—Lyford told me to give it up to her, and she took the box and the 5s. 6d. from my lap, as I was sitting at the side of the road—Shearman was going to beat me, and Lyford said, "No, let her go"—Maynes had said if I did not give it up she would beat my teeth down my throat—Shearman asked Lyford to give him the box—she did so, and he threw it over into the fields—they then left me, and I went back and gave notice to the police directly—M'Cormick was sitting by the side of the road while they were taking my money—he had been thrown down.
Cross-examined by MR. ROBINSON. Q. How do you get your living? A. By doing knitting-work—I lodge at a lodging-house—I have only been to three races—I went with M'Cormick; I am living with him, and have been for two years—he helped me to sell the cards—I had been with him about four hours this evening before this took place—we had nothing to drink but the pint of ale—we had been waiting on the race-ground for a young woman named Mary Mills, who was going to Staines with us—she did not come—it was a fine night—it was about half-past ten when we went into
the public-house where the prisoners where—they had a violin and other musical instruments with them; they had been at the races playing—M'Cormick was not walking near Maynes; I and M'Cormick were walking on first—he never spoke to her—when we left the public-house they came up, and asked as whether we were not going home—we said we were going as far as Staines, and they said they would bear us company as far at Staines, and they did, but we kept to ourselves all the time—when Smith took the box from me Shearman said, "Don't take the money away from her, let her have it"—Smith said, no, he should not let me have it, he should keep it, but he gave me the box and the 5s. 6d.—it was rather dark—it was a wooden box, in the form of a pear—the money was not in the box when Lyford took it out of my lap—I did not go next day to find my box.
JOHN M'CORMICK . I have been in the army. I was with Jones at Hampton Races, selling cards—on leaving the ground I saw that she had 8s. 2 1/2d.—I had had some money, but I paid it away before I left the race-course, and had not a farthing left—on our road home we went into a public-house, and called for a pint of beer—the prisoners were there—I asked Smith to drink—he asked where I was going—I said, "to Staines"—he said, "I am going to Windsor, for my wife is there, and my cart; and I will go along with you on the road to Staines; it will be company for you;" and we all six walked out together—when we had got about a mile on the road, Smith asked me how I got on at the races—I said I had taken about seven or eight shillings—upon that I saw Shearman give his fiddle to one of the women, and the men got one on each side of me—I told Jones, who was walking about two yards in front of me, to come back, that I would not go on into Staines, for I thought they were going to do something to me—the men then caught hold of me, one by each leg, and threw me down—Smith placed his right knee on my breast, and his left foot on my throat; and Shearman searched my waistcoat and trowsers; and finding nothing on me, they said, "She must have it," and they then went from me—I do not know what they did, for I had no power for five or ten minutes, through their violence—Smith kicked me on the leg when I was down, so that I could not recover myself to go to Jones's assistance—while I was sitting on the road-side, buttoning up my things, Smith came back, took a little wooden box from his hand, took off the lid, turned out the money in his hand, and said there was just 8s. in it—Shearman said, "Don't take it from her, give it back to her"—I saw no more of it—as soon as I recovered myself, I went back to Hampton, and gave information to the police.
Cross-examined. Q. What sort of a kick was it? A. Very violent—it bled—I went to a doctor's at Sunbury next morning, to have it dressed—I was not a great deal alarmed—I never struck a blow—I was ten years in the army—I have left it better than two years, in consequence of being ruptured—I have worked at my trade as a saddler, but not for a good while—I have lived with Jones two years—I lodge at Miss Murphy's, at Staines, and did so about three days before the races—I lodge there now, and Jones with me—I earned 3s. 6d. at the races—I paid it to William Stanley—I said nothing to Maynes or Lyford as I went along, nor they to me—there was no chaffing going on—I was not near Maynes—I was five or six yards in front, with Jones—Maynes did not say I had touched her or been insolent to her.
Smith. Q. When did I kick you? A. When I was thrown down—it was on the left shin—when I got the policeman, I went with him to look after you—I saw you, and pursued you, and you then kicked me again in the same place—I did not say if you would not give me some money, I would
give you into custody for robbing me—when you saw the policeman coming to my assistance, you pulled out your purse to give me some money, and two shillings dropped, which I picked up, and gave to the policeman.
JAMES STOCKLEY (policeman, V 126). On the night of 20th June, about half-past twelve o'clock, I was returning from the races, where I had been on duty, and met Jones and M'Cormick, who complained of being robbed of 8s.—I went with them, and found Smith about 100 yards on the Feltham-hill-road, and M'Cormick was with him—he had gone on before me, in search of the parties—M'Cormick said, "This is the man that robbed me; and he has handed me over 2s., and wanted me to make it up, and say no more about it"—Smith made no reply—I took him into custody—I apprehended the other prisoners a few minutes afterwards, at the Grey Mare beer-shop, on Sunbury-common—I believe I had seen Smith go out of that beer-shop before M'Cormick caught him, but I lost sight of him—I found on him this purse, containing 13s. 6d., also a quantity of nut-measures, a tee-totum, and part of a pack of cards—on Shearman I found 2s. 9 1/2d.—it was one shilling, a 4d.-bit, and copper.
Cross-examined. Q. Did they appear as if they had been drinking? A. They might have been drinking a little, but they were not tipsy—the women were searched by a female, and only a halfpenny found.
(Shearman received a good character.)
NOT GUILTY .
(There was another indictment against the prisoners for assaulting John M'Cormick, with intent to rob him, upon which no evidence was offered.)
Before Mr. Baron Alderson.
JAMES BROWN . I live at Tottenham. On 29th Jan., about a quarter to twelve o'clock in the day, I was going towards my own house by a footpath which leads from Silver-street to Church-rood, and the prisoner and a man named Burgess stopped me—they were standing on the footpath before me—I understand there were three, but one I could not swear to, because he was the watcher—I am quite sure the prisoner was one of them—I had seen him before—he lives in Water-lane—the prisoner clasped me round the arms, and pushed me up against the wall, and Burgess came and unbuttoned my pocket, and pulled out my purse, which contained eight shillings and one sixpence, and they both ran away—Burgess was taken and tried two sessions ago. (See Vol. 31, page 58.)
Prisoner. Q. What can you swear to me by? A. By your face—you stood in front of me, and I saw you very plain—I cannot tell how you were dressed—I am sure you are the man.
ROBERT HAYES . On 29th Jan., between eleven and twelve o'clock, I was clipping a hedge on the side of the footpath leading from Silver-street to Church-road—I saw Burgess and Risley, but not the prisoner—the other two were walking by themselves—they went towards Silver-street, down the footpath—I saw the prosecutor about two minutes afterwards, and he complained of being robbed.
WILLIAM WESTLEY . I was near this footpath on the day in question, and saw the prisoner, Risley, and Burgess, all together, coming from Sweetbriar-walk, towards Silver-street—I had seen the prosecutor about ten minutes or a quarter of an hour before, going home—the men were before him—he afterwards returned, and complained of being robbed, and I went
after the three men—I found them at the bottom of Sweetbriar-walk—they saw me following them, and ran away—I ran the prisoner into his own house, and when the constable came he was gone.
Prisoner's Defence. I was in the road, and Burgess and Risley passed me; I pulled up some cabbages, and took them home; I saw this man coming behind me 150 yards, but he never came near the house where I was; I had to go to London that night, and that was the reason they took me.
GUILTY .* Aged 26.— Transported for Seven Years.
Before Mr. Justice Talfourd.
GUILTY .† Aged 19.— Confined Six Months.
ROBERT HARRISS . I am landlord of the Crooked Billet, in the parish of St. George's-in-the-East. On the night of 3rd July my servant called me up—the prisoner was brought into the house five or six minutes afterwards.
CATHERINE FLYNN . I am servant at the Crooked Billet. On the night of 3rd July I could not sleep—I suddenly felt a breeze, looked up to the ceiling, and saw the prisoner with the skylight open, looking into the room, and stepping sideways to come in—I jumped up, went to the door, and while I was calling master he put the window down very gently, and turned away—the window had been fastened with a string, but it would come open if pulled outside—I am quite sure it was the prisoner—his hand was inside, holding the window up—a constable went out at the window after him.
Cross-examined by MR. O'BRIEN. Q. What time had you gone to bed? A. Ten minutes past twelve o'clock; no one else slept in the room—I had not tried the window before I went to bed—I thought it was always fastened—I did not feel the breeze above a moment before I saw him—the roof slants—it was quite light—I could discern his features—his hands were underneath the sash—this lasted about three seconds and a half—he did not go when I called out, "Master!"—my master slept in the next room to me, but on a separate flight of stairs—I put my hand through a little window, and knocked at his bedroom door.
ANDREW GERNON (policeman, H. 10) I was on duty, and heard a cry of "Police!"—I went to the Crooked Billet, and through a skylight on the roof, which opens with a spring—a man was described to me—I went over the parapet to the next house, and over several roofs to the rear—I saw a bedroom window with the blind up—I then found somebody inside had pulled it down—I went there, and found the window unfastened—I threw it up, and saw the prisoner in bed, under the window, apparently very sound asleep—he did not wake, when another policeman went over him in the bed to search the room—at last he was aroused, and I asked his name—he refused to give it—I asked where he lived—he said, "12, Princes-street"—I asked how he came to be sleeping there, if he lived so convenient—he said his father went to bed early, and he was locked out—he had one stocking on and his shirt—his clothes were in three different parts of the room—I told the officer to take him to the Crooked Billet; and the girl said, "That is the man"—he said,
"You are mistaken"—I asked him what time he went to bed—he said, "Eleven o'clock"—the skylight could not be seen from the window where I took him—the tiles about that window were broken before we went upon them—I took up two which were recently broken.
Cross-examined. Q. What house was it where you took him? A. A coffee-shop, kept by a woman named Morgan—I searched all the rooms there—you could not see the roof of the coffee-shop from the skylight, but you could from the roof—the coffee-shop is higher than the adjoining houses—the window was level with the other roofs—the skylight cannot be opened without introducing the hand, it is impossible—there is no handle outside; it is quite level—it closes of itself when you open it—the part of the frame where the putty is, is not large enough to afford a purchase, because the spring is so great—it closes like a door—it has a circular spring—I inquired, and found he did not live where he stated.
JURY. Q. Which way did the skylight shift? A. The lower part rises—the spring is a quadrant—it will not remain open.
NOT GUILTY .
NEW COURT.—Wednesday, July 10th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. GIBBS; Mr. Ald. WILLIAM
HUNTER; Mr. Ald. CHALLIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
JAMES CHARLTON . I am a watchmaker, of Holywell-street, Strand. The prisoner had been six weeks in my service, and left on 20th June without notice—after she was gone I missed a gold ring, three brooches, a pair of ear-rings, some stockings, and some other articles of trifling value, which were safe the night before she left—I found her at 7, Black-horse-court, and accused her of having robbed me, which she denied—I gave her in charge—this ring and brooches (produced) are mine.
Prisoner's Defence. The ring belonged to my mother, who is dead; the other things Mr. Charlton's daughter gave me.
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor.— Confined
ALFRED WILLIAMS . I am in partnership with my father; the prisoner was in our service. On 18th June, I marked 20s., and gave them to inspector Brown—the same evening two females came into the shop—I followed them out, and then went to the till, and found about 16s. 6d.—there were ten of my marked shillings—in five or ten minutes I gave the prisoner in charge—the policeman showed me these other shillings—they are what I marked.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A draper—we have eight young men—there is only one till—I had arranged that the man in whose pocket the money was found, should be taken into custody—the till had been cleared half an hour previously—I do not clear it every ten minutes—the young men may not give change out of their own pockets, they ask my father or me, if there is not change in the till—I afterwards
found two more marked shillings in the till, making twelve—I swear to the shillings by two marks on them—I took the gold out just as the two females came in.
EDWARD FIELDER (policeman, T 157). On 18th June, I received twenty marked shillings from Brown—these produced are them—I gave ten shillings to my wife, and ten shillings to Alice Ambridge—I was called to the shop the same evening about nine o'clock, and the prisoner was given in my charge—I found a half-sovereign, and 2l. 16s. 2d. in silver on him—these eight marked shillings were among the silver.
MARY FIELDER . I am the wife of the last witness. I received these ten shillings from him, and purchased at Mr. Williams', articles amounting to 9s. 6d.—the prisoner served me—I gave him the same ten shillings—he gave me sixpence change.
ALICE AMBRIDGE . On 18th June, I received ten shillings from Fielder—these produced are them—I went to Mr. Williams', and bought articles to the amount of 9s. 11d.—the prisoner served me—I gave him those ten marked shillings—he went to the till, and I heard money drop—he gave me a penny, and I left.
MR. BALLANTINE to ALFRED WILLIAMS. Q. Had you been in the habit of losing money previously? A. Yes; the prisoner had only been a week in our employ.
NOT GUILTY .
ELIZABETH PEDRO . My husband's name is John. The prisoner was in our service—she was taken into custody for something, after which I missed two blankets from separate places—these are them (produced)—they are mine, and were safe the day before she was taken.
Cross-examined by MR. BALLANTINE. Q. Did anybody else have access to them? A. No; we keep a lodging-house—my husband is steward of a vessel—there were three or four lodgers there—there is no other servant—the prisoner was given in charge by one of my lodgers—she was remanded for a week, and discharged—she had lived with me a fortnight.
Cross-examined. Q. Should you know the woman again? A. I have no doubt I should—I do not know the prisoner.
NOT GUILTY .
WILLIAM CHILDS . I am beadle of Tower-hill. On 24th June I saw the prisoner go up to a gentleman on Tower-hill, and take this handkerchief (produced) from his pocket—I ran after him and took him—I found these other two handkerchiefs on him as well—when I returned the gentleman was gone.
Prisoner's Defence. I bought them for 4s. 6s., in Petticoat-lane.
GUILTY .** Aged 17.— Confined Twelve Months.
MARTHA PAGE . The prisoner is my son. I was present fifteen or sixteen years ago at St. John's Church, Waterloo-road, when he married Ellen Ragan—I was a witness—they lived together till, I think, within the last two years—she is in Court now.
Cross-examined by MR. CHARNOCK. Q. Had they any children? A. Yes; two—they were parted at Kennington Court, through her misconduct, and he allowed her so much a week to keep away from him—she pawned everything, and as the pawnbroker would not take her bed, she sold it to a marine store-dealer—the prisoner was exceedingly kind to his children, and an excellent son—his wife has knocked all his teeth out, and beaten him, dreadfully I do not come here willingly—I am in danger of my life through her.
GEORGE PHILO . I am clerk at All Saints', Poplar. I produce the register of a marriage there on 10th Feb., 1848, between Henry Dixon, bachelor, and Emma Smith, spinster—I was one of the witnesses—I do not know the prisoner.
DONALD BRING (policeman, M 120). On 17th June the prisoner was given into my charge by Mr. Clark, the husband of the prisoner in the next case—he charged him with being married to his wife—the prisoner said he knew nothing of it.
EMMA CLARK (a prisoner.) I know the prisoner—I have been in his company several times—my husband has brought me into his company, and encouraged him to come to our house for the last four years—no marriage has taken place between us.
NOT GUILTY .
KESIAH NASH . I am a widow, and know the prisoner. I was present at her marriage to Mr. Clark, eight years ago, at Old Lambeth Church—I and my husband signed our names in the register—I have seen Clark here to-day.
Cross-examined by MR. CHARNOCK. Q. What is he? A. A bricklayer—they came frequently to my house, but always appeared very uncomfortable.
EDWARD POWELL . I produce the register of marriage at Old Lambeth Church—here is an entry on 19th October, 1842, of the marriage of Henry Joseph Clark and Emma Catherine Paton—I do not kaow either of the parties.
GEORGE PHILO . I produce the marriage-register of All Saints', Poplar—here is an entry of a marriage between Henry Dixon and Emma Smith, on 10th Feb., 1848—I can swear that the prisoner was married in my presence within the last three years, but I cannot say in what name.
Cross-examined. Q. How many marriages have you in a year? A. About 200.
DONALD BRING (policeman, M 120). On 17th June, I went to see the prisoner at her house—she was unwell—she said she had been married to Henry Page in the name of Emma Smith, at All Saints' Poplar, on 10th Feb.
1840, that the clerk and pew-opener were witnesses, and that Page was married in the name of Henry Dixon—I went to Poplar Church, and found the entry.
Cross-examined. Q. Where did this conversation take place? A. In her husband's house—he was present, and a nurse also—she was ill in bed—the Magistrate sent me to the surgeon, to see if she was in a fit state to attend the police-court, and if he said she was I was to go to her—he said she might be fit to attend, and I went—I did not put questions to her.
NOT GUILTY .
JULIA COLEMAN . I am the wife of William Coleman, and the daughter of Philip William Saunders. On 11th June, about eleven o'clock, my mother gave directions to the prisoner, who was in her service, to go to King-street, St. James's, for Mrs. Clifton's dirty linen—she went, and never came back—these things (produced) belong to Mrs. Clifton, who my mother washes for.
JOSEPH GREACHER . I am a greengrocer. On 11th June, between one and two o'clock, the prisoner asked me to let her leave a basket of linen for a little while, as she had dropped her shawl in the street—she came back with another woman with a shawl, and took the basket away—about an hour afterwards she came and asked me to let her leave it again—I did so—she took some of the things away under her arm, and never returned—it was given up to the police.
BENJAMIN LOCKWOOD . I am a pawnbroker's assistant—I produce two shirts and a tablecloth pawned by a female, whom I do not recollect—the prisoner afterwards came to the shop with a policeman, and said I was the young man that took the things of her—she described them, and I went up and found them.
MARK LOOME (policeman B. 11) I received information, and took the prisoner at Woolwich—she took this handkerchief from her neck and said, "This is some of the property"—she said she had pledged the remainder, and had lost the ticket—she afterwards took me to the pawnbroker's—she said bad company drove her to it.
Prisoner's Defence. A young woman persuaded me to pledge them, and said she would get me the money in the evening: I saw her next day, and she said I had better get out of the way.
GUILTY . Aged 19.— Confined Three Months.
JOHN KNOCK . I am in the employ of Thomas Rack, of the King's Head, Upper Thames-street. On Whit-Monday, 20th May, between six and seven in the evening, the prisoners came—they had some gin and water, and asked for a place of convenience—I let them go up-stairs; the bagatelle-room was opposite where they wished to go to—they came down in about two minutes and went away together—I went up directly and missed the bagatelle balls, which I had seen safe two minutes before they went up—I afterwards saw Whitelock in custody for something else—Sidney came in and said, "Are you come about those bagatelle balls, sir?"—I said, "Yes"—she burst into tears and said, "I hope you will be as merciful as you can, for I never knew him to do the like before."
ROBERT PACKMAY (City policeman, 133). The prisoners were locked up in separate cells, at Guildhall—I remained, and heard Whitelock say, "Liz, did you say you were my wife?"—she said, "No; I said I was living with you as servant"—he said, "What are you here about?"—she said, "About that public-house in Thames-street, where that man has got a good deal under his chin"—he said, "Does he swear to you?"—she said, "Yes"—he said, "What does he say?"—she said, "That we had some gin and water, and then went up-stairs; they missed the balls directly we were gone; you know where we were on Whit-Monday?"—he said, "No"—she said, "At that house at the top of Dean-street"—he said, "All right"—she said, "Are you going to have the same gentleman you had the last time?"—he said, "Yes;" and then said, All right; shut up."
Sidney. I asked you in Newgate how you could forswear yourself in the manner you did, and you said it was all in the way of business. Witness.—It is false.
(Sidney received a good character.)
WHITELOCK— GUILTY .
SIDNEY— GUILTY . Aged 36
Confined Three Months.
WHITELOCK pleaded GUILTY . Aged 32.— Confined Twelve Months.
GEORGE LULHAM . I am a licensed victualler, in London-wall. On 13th June I went to Mr. Russel's, a pawnbroker's—I saw Whitelock there in front, and these bagatelle-balls were at the back—they had been pledged—they are mine.
JANE BROWN . I am servant to Mr. Lulham. I was in his bagatelle-room on 13th June—the prisoners came in—one of them said, "We will have a pint of half-and-half"—Pennington went down for it, and a screw of tobacco—I left the prisoners in the room with the balls—I saw them go away—Whitelock went first, and Pennington immediately after him—they did not play at all.
Cross-examined by MR. KENEALY. Q. Did you know them? A. No; Pennington was down-stairs two or three minutes—I was not in the room while he was down-stairs—Whitelock was in the room alone—I went into the room again, as I had left my shawl and bonnet on the bagatelle-board—I saw the balls then—they followed me out of the room directly—I have no doubt Pennington was one of the men—when I saw him at the police-office I knew him at once—I am sure 1 saw the balls after Pennington came up.
JOHN MARK BULL (City policeman., 151) I was sent for to take White-lock on 13th June—Pennington was not there—on the 16th, in consequence of information, I went to Two Swans-yard, Bishopsgate-street—I saw Pennington—I asked him if his name was Pennington—he said it was—I asked him if he knew Whitelock—he said, "Yes"—I asked him if he was with him on the 13th—he said he was not going to answer a lot of questions—I asked him what made him keep away from his house—he said that was his business.
Cross-examined. Q. Did you not know it was very improper to ask him questions? A. No; I asked them that I might complete the case—I cannot
say that he kept away from home in consequence of this case—I went several times to see for him.
Witness for the Defence.
THOMAS GOLDSMITH . I am a tailor. I have known Pennington some years—he worked with me when I was an apprentice, sixteen years ago—I never knew anything but that he was an honest, hard-working man—he has worked for one place sixteen years—at half-past three o'clock that day he called on me—I was with him till nearly eleven at night—there was not a hint about this matter, though it is close by—it was on the Thursday before I had to appear at Guildhall.
PENNINGTON— NOT GUILTY .
CHARLES SHEPPARD . I am a greengrocer; the prisoner was my errand-boy; he used to come at seven o'clock in the morning. On Saturday morning, 15th June, I went out to market at a quarter-past four—I locked the parlour-door, and put the key under the mat at the foot of the stairs for the purpose of my daughter getting it—it was the prisoner's business when he came to receive the key of the shop from my daughter, and open it—the key was locked up in the parlour—a passage divides the parlour from the shop—I came back from market about half-past eleven—I received information, and examined a drawer in the parlour in which I had left 30s., in half-crowns, shillings, and sixpences—I missed 26s.—the drawer appeared to have been forced open with a chisel—when I came home, I found the prisoner asleep in the shop, and I told him I should discharge him for that—he was out when I missed the money—when he came back, I said, "You are a very bad boy, give me the money, and go about your business"—he denied it, but on the road to the station, he said, "If you will forgive me, I will work it out."
Cross-examined by MR. HORRY. Q. Had you locked up the shop after you let him out at night? A. Yes; I slept in the parlour—the prisoner has seen my daughter take the key from the mat, and he saw me put this 30s. in a piece of cloth in the drawer the night before—I am sure there were some half-crowns—I did not say I would give him in charge if he did not tell me all about it—he had no business in the parlour before my daughter came down.
CHARLOTTE BAYLESS . I am the wife of John Bayless; I lodge in the house and sleep in the room over the parlour. I heard something in the parlour, about a quarter before seven o'clock that morning—I came down, and saw the prisoner come out of the parlour—the prosecutor's daughter was not down—I did not speak to the prisoner—he went out at the street door—I afterwards heard him take down the shop shutters—1 did not see him again till near ten o'clock—he was then in the shop.
Cross-examined. Q. Was the street-door open when you saw the prisoner come out of the parlour? A. Yes; my husband was the first that went out that morning—he left the door on the latch—I told Mr. Sheppard's daughter I saw the boy come out of the parlour—I had never seen him there before, and I thought it suspicious.
THOMAS WARE . I am constable of St. Sepulchre's. The prisoner was given into my custody—his master said he had been robbing him of 26s.—I asked him where the money was—he said, "If you, will go with me, I will
show you, if my master will forgive me"—I went to his house with him—in going along, he said it was underneath the stairs—I went with him to Booth-place, Cow-cross—he did not show me anything there—he said he got it from his master's house—this is my signature to this deposition—(read—"He told me he got the money by finding the key under the mat, and he had taken the money to his own house; he took me to a house, and showed me a cupboard")—he did show me a cupboard; I felt in it for the money, and could find none—he said, "That is where I put it, somebody must have taken it"—Booth-court is about fifty yards from the prosecutor's.
JOHN ROBERT COSTEN (policeman, G 38). I produce a certificate of the prisoner's conviction at Clerkenwell—(Convicted March, 1849, confined six months)—he is the person. GUILTY . Aged 17.— Confined Twelve Months.
(The prosecutrix's name being Josephine Lebas, the prisoners were
GUILTY . Aged 42.— Confined Twelve Months.
THIRD COURT.—Wednesday, July 10th, 1850.
PRESENT—Mr. Ald FAREBROTHER; Sir CHAPMAN MARSHALL, Knt. Ald.;
Mr. Ald. GIBBS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
GUILTY . Aged 26.— Confined Two Months.
GUILTY . Aged 27.— Confined Two Months.
WILLIAM HURT . I am a wheelwright, at Iron-gate Wharf, Paddington; the prisoner was in my service. On 18th June I was in my loft behind a cab, and saw him take 21bs. of colour, worth 1s. 6d. or 2s. a pound, and put it into his pocket—he went down into the workshop—I followed him, and told him to take that colour out of his pocket—he did not know what to say, and at last he gave me the colour—I gave him into custody.
Cross-examined by MR. O'BRIEN. Q. How long has he worked for you?" A. Eight or nine months—he is a writer—he used to find his own paint in working for other parties; I never saw any of his in my loft—he had been drinking—I owe him 30s.—his wife has not applied to me for it.
Cross-examined. Q. Had he been drinking? A. Yes.
The prisoner's statement before the Magistrate was here read as follows—"I cannot say anything further than that I was in liquor at the time."
(The prisoner received a good character.)
GUILTY . Aged 45—
Strongly recommended to mercy by the Prosecutor and Jury.— Confined
ROBERT COLLINS . I am a baker, at 41, Henry-street, Portland-town; the prisoner was in my service three months. On the Wednesday before 15th June, in consequence of information from a neighbour, I counted 1s. 2d. in copper in my till—no one had access to it except myself, my wife, and son; and the prisoner, when sweeping out the shop—next morning I missed 10d.—I then marked 16d. in copper, by drilling a small place in the letter O of each piece—I went next morning, after the prisoner had swept the shop out, and missed 6d.—in the afternoon I called her into the parlour and asked where she got those coppers from, which she had taken to a neighbouring tradesman to get 1s. for—she said she was not bound to answer me—I said I should give her in charge if she did not, and should see what money she had—she said she would not be searched unless there was a policeman there—I sent fur one, and she was taken to the station—among the money there found on her, nine pieces have my mark on them.
JOHN LUGMAID (policeman, S 402). I took the prisoner—she was searched by Baldock, who gave me 1s. 2 3/4d. in copper, and 3s. in silver (produced)—these three pence and six halfpence, all marked, are part of what she gave me.
ESTHER BALDOCK . I am a searcher at the station. I searched the prisoner, and found 14 3/4d. in copper in one of her gloves, and 3d. in silver in the other—she said, "It is my wages; for God's sake don't let my master see it"—she afterwards said she found it on Primrose-hill.
Cross-examined by MR. M. PREKDERGAST. Q. When did you pay her her wages? A. When she asked—I believe she had had a fortnight's wages about three weeks before this.
GUILTY . Aged 15.—Strongly
recommended to mercy by the Jury.— Confined Three Months
GUILTY . Aged 20.—Recommended to mercy
by the Prosecutor.— Confined Fourteen Days
WILLIAM JEFFERY . I am a butcher, of 49, King-street, St. James's; the prisoners were in my employ. On the Sunday before 21st June, in consequence of information, I called Carr into my room, then sent for Emmett, told him what Carr had said, and asked him if it was true—Carr was not present—I will not undertake to say whether I told him or not that it would be better to tell the truth—I believe I did not—I had told Carr so, and promised him forgiveness—I told him Carr said that he (Emmett) had told him to take a loin of mutton to Mr. Dee's public-house in Warwick-street—he said it was not true—I gave them into custody—after they were charged at the station I went with the policeman and Thomas Stephens to
Mr. Dee's, and inquired for a loin of mutton—one was produced—it was mine—it was peculiar, being from a country piece of mutton—I believe last saw it on the Friday—it weighed 7lbs.—while at the station, before I went to Mr. Dee's, Emmett intimated that he wanted to speak to me—I did not hold out any hope to him whatever—he said, "We did take a loin of mutton," or "part of a loin," I am not certain which, "for a poor man out of place, and intended to put it on to the weight of some customer's meat."
Cross-examined by MR. HUDDLESTON. Q. Repeat the words he used? A. "We took the loin of mutton," or "part of the loin of mutton"l—I know "mutton" was in it.
THOMAS STEPHENS . I was at the station, and heard Emmett say, "Sir, we took a piece of loin of mutton, and agreed that we should put it on to two of the customers' meat"—I believe that was what he said—he did not say from where it was taken.
Cross-examined. Q. What had Mr. Jeffery said to him before that? A. Nothing—I am quite sure he did not—Emmett had said he wished to speak to Mr. Jeffery.
EDWARD BOWLEY (policeman, C 122). I took the prisoners—going to the station we passed King-street, where the prosecutor's shop it, and Emmett said to Cart, "You must keep dark, and say you never took any meat to Mr. Dee's before"—Carr said, "You know you gave it me, and I took it there."
Cross-examined. Q. What did Emmett say to that? A. I cannot recollect—there was a running conversation all the way—he did not say to Carr, "You are a liar."
(The prisoner's statements before the Magistrate were read as follows: "Carr says, 'I put the mutton in the tray myself; I took it out; I happened to meet a friend, who had been out of place three months; he was hard up, so I gave him 6d., and told him I would give him a bit of something, and if he went to the corner of Leicester-street he would find it on the sideboard; I do not know his name; he is about Thomas Emmett's size.' Emmett says, I will reserve my defence,'")
EMMETT— NOT GUILTY .
ELIZABETH OAKES . I am the wife of Thomas Oakes, who keeps the Angel, Fenchurch-street—the prisoner was in out service—on Saturday, 22nd June, she got tipsy, and left—next day my niece missed her purse, locket, and guard—the prisoner came for her wages on the Monday—I said I should not pay her till the things were found—no one except the prisoner, myself, and niece had access to the room where the things were—I spoke to Percival about it, who lodges with us—he had not access to the room that I am aware of—he afterwards gave me the articles.
Prisoner. Any one was entitled to go there; it was by the public parlour. Witness. The room was on a different floor, and you must go through my own bedroom to get to it.
EMMA ELISABETH BROOKS . I am last witness's niece, and live with her. My room is within hers—on Sunday, 23rd June, about five o'clock, I missed a locket, purse, and guard, from a drawer which was not locked—I had seen them safe the Tuesday before—these produced are them.
PETER PERCIVAL . I lodged at Mr. Oakes's house. On Tuesday, 25th June, after the prisoner had left, I met her in Whitechapel—she asked me if I was still lodging at Mr. Oakes's—I said, "Yes"—she asked if I would do
her a favour—I said I would, and she gave me a locket, a guard, and a purse, and asked me to place them somewhere in the house, so that they would be found—I gave them to Mrs. Oakes on the following Sunday.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 39.— Confined Two Years.
GUILTY .— Confined Fourteen Days.
WILLIAM PERRY . I am a labourer, and live at Tipton, Staffordshire. Last Monday, about half-past four o'clock in the morning, I was at the Red Lion, in the Strand—the prisoner was there, and nine or ten others—I was standing, talking to some people, and the prisoner got up, and began sparring with me—I was afterwards leaning against the bar, and a woman came up and pushed me, and my watch was snatched clear away from me—I cannot say who did it—the prisoner was standing next to me—the young man serving at the counter said, "Your watch is here"—I turned round, laid hold of the prisoner, and in turning him round the watch dropped either from his side or the person next him—there were three or four others there—a friend with me laid hold of the prisoner, and said, "You stole his watch"—he said he had not—I gave him in charge—I did not see him do anything.
NOT GUILTY .
GUILTY . Aged 36.— Confined Four Months.
GUILTY .—He received a good character, and a witness engaged to employ him.
— Confined Fourteen Days.
MR. PARRY conducted the Prosecution.
BENJAMIN WHITE . I keep a toy-warehouse, at 79, Hounsditch. On 19th or 20th June, Wood called on me, and offered 30,000 percussion caps for sale, at 9d. per thousand—the price of them would be 1s. 8d. or 1s. 9d. per thousand—I told him I did not want them, and as he was going away I asked if he had any more—he said he had 100,000, and I gave him a written order for 50,000—he went away, and I communicated with Mr. Barnes—on 29th he called again with a bundle of caps—I told him I was busy, but if he would leave them half an hour I would look at them—he would not leave them, but said he would come again in half an hour—I made a communication to Mr. Barnes's shopman, and directed my shopman to buy the caps, take an invoice of them, and pay for them—the prisoner said they were Barnes' caps, he had
bought a large quantity, he had offered them to Barnes' for sale, but they never bought up their own goods.
JAMES WISBY . I am Mr. White's shopman. On 29th June, about half-past two o'clock, Wood came and offered some caps to Mr. White—Mr. White told him to call again presently—I received directions from Mr. White—the prisoner came again shortly afterwards, and by Mr. White's direction I took the goods and paid him for them—I took this invoice of him (this was a invoice for 30,000 caps, at 1s, 3d., signed by Wood.)
WILLIAM GREENWOOD . I am shopman to Mr. Barnes, of 109, Fenchurch-street, ironmonger. On the side of some of these boxes of caps there is our private label, "F.B. & Co."—there are also our private marks on the parcels—the mark on one of these brown paper parcels of caps has been attempted to be erased—they are all Mr. Barnes' property—Cook was in our employ—it was his duty to pack up goods for shipment—I saw Wood at the warehouse the day before be was taken into custody—I bought some Russia mats of him, and have the invoice, dated 28th June—he might then have spoken to Cook, but I did not see him—I can, say that two of these parcels have not been sold—we do not erase our mark when we sell them—they are worth from 1s. 6d. to 2s. a thousand—Mr. White had previously purchased 20,000, worth much more.
Cross-examined by MR. BALLANTINE. Q. Did you lose sight of Wood when he was at your warehouse on the 28th? A. Yes, for perhaps five minutes—the caps are kept about the middle of the shop, further in than where he was when I paid him—I do not think he could have taken them without being seen.
Woods. Q. Are you not selling them at 1s. 10d., and taking 2d. discount off? A. Not these; they are Birmingham manufacture.
Cross-examined. Q. How have you ascertained it? A. By taking the quantity in stock and the quantity sold—I can swear to these 20,000 as having been taken within the last five or six weeks—we do not sell many of this sort—I am sure these two parcels have not been sold.
JOSEPH DAVIS (City-policeman, 551). I took Wood on 29th—I told him I took him for selling several thousand percussion caps, knowing them to have been stolen—he said, "I never stole them; I bought them of a man named Dick in the Angel, Fenchurch-street; I should know him again"—I took him to Mr. Barne's—I told him not to point out an innocent man—he pointed out Cook, and said he was the man—on 1st July, when the prisoners had been examined and remanded, I took them to the Compter, and Cook said he would never have robbed Mr. Barnes if it had not been for a man of the name of Bennet in their employ, who had done it first.
Cross-examined. Q. What countryman are you? A. From Durham—I am sure they understood what I said—I spoke very plain—I thought it likely Wood might point out an innocent man—I did not show him Dick—I had no notion who Dick was—Mr. Greenwood, one of Mr. Barnes' men was present—I did not hear the Magistrate say he could not commit Cook on that evidence, nothing of the sort, or that it was a weak case.
MR. PARRY. Q. Had other robberies been spoken of at the Mansion House in Cook's hearing? A. Yes; and he said no doubt Mr. Barnes would
suspect him of them, but he had done nothing of the sort, he had robbed Mr. Barnes, but he would not have done it if it had not been for Bennett.
Wood's Defence. I bought the caps for 4l., at the Angel. I took then to several persons in the Minories, and they said they were not good enough for their purpose; they were Barnes' caps; I heard they were worth 1s. 3d. or 1s. 4d. I cannot swear Cook is the man I bought them of.
COOK— GUILTY . Aged 28.—Recommended to merry by the Jury and Prosecutor.
— Confined Six Months.
WOOD— GUILTY . Aged 21.— Confined Twelve Months.
OLD COURT—Thursday, July 11th, 1850.
PRESENT—Mr. Baron ALDERSON; Mr. Justice PATTESON; Mr. Justice TALFOURD; and Sir CHAPMAN MARSHALL, Knt., Ald.
Before Mr. Baron Alderson and the Second Jury.
BODKIN, and CLERK, conducted the Prosecution.
COLONEL GREY . I hold the office of equerry to Her Majesty. I was equerry in waiting on Thursday, 27th June—Her Majesty left Buckingham Palace about six o'clock that day, in an open barouche, of the usual height—it drove up Constitution-hill and down Piccadilly, to Cambridge-house, where Her Majesty alighted—she left Cambridge-house about half-past six; the carriage came out of the east gate, the one nearest St. James's-street, and furthest from Hyde-park—there was, at the gate, the usual crowd that always attends on such occasions; not an unusaal crowd—the carriage necessarily proceeded slowly, to enable the leaders to turn into the street; it was almost stationary—I saw a well-dressed man step forward as the carriage passed the gates—what he did I could not exactly see—I saw Renwick, the footman, who was behind, lean forward and seize that man by the collar; and that man was the prisoner—I was on horseback behind, and had not got out of the gate—as I was passing on the prisoner came behind the rumble, and the crowd instantly closed in—I saw the police take hold of him, and I went after the carriage, which drove on—when Her Majesty arrived at Buckingham Palace, Sir James Clark was sent for—I afterwards saw a bandage on Her Majesty's forehead, and the blood was coming through the bandage.
ROBERT RENWICK . I am sergeant-footman to Her Majesty; I am in constant attendance on Her Majesty when driving out. On Thursday, 27th June, Her Majesty went to Cambridge-house—I was sitting behind in the rumble—as the carriage was coming out of the gate I saw the defendant strike the Queen over the head with a small cane; this produced is it—I do not know with which end of the cane he struck Her Majesty—the carriage was moving very slowly, and I leaned forward and caught him by the collar—I have not the slightest doubt of his being the man—I saw him taken hold of by the crowd—I went on with the carriage.
Cross-examined by MR. COCKBURN. Q. He was rather roughly handled, I believe? A. Well, I cannot say.
COURT. Q. Which hand did he hold the cane in? A. In his right hand.
Majesty about to leave the fore-court of Cambridge-house—I heard some exclamation, which called my attention to the carriage, and I then saw the prisoner with this stick in sis hand—I took it from his right hand—I assisted in protecting him from the violence of the crowd—they would have been very violent to him—one person struck him—I conveyed him to Vine-street station and searched him—he was asked his name; he said it was Robert Pate; that he lived at 27, Duke-street, St. James'; that he was formerly a lieutenant in the 10th Hussars, and also of Wisbeach—he said he mast caution those men as to what they were saying (that was some of the witnesses who were stating what they had seen), for they did not know whether he hit at her bonnet or her head; that it was a slight blow with a light stick.
Cross-examined. Q. 27, Duke-street, is his right place of address, is it not? A. Yes.
SAMUEL COWLING . I am a bookseller, living at Norwich-court, Fetter-lane. On Thursday, 27th June, about twenty minutes past six o'clock, I was among the crowd waiting for Her Majesty to leave Cambridge-house—I was standing in the front part of the crowd, and the prisoner came and took his station at my right elbow, so close as to touch me; he made an attempt to get in front of me, and I put my arm in front of him again—while standing by the side of him Her Majesty came out in an open barouche, and at the moment it was in front of us it halted a second for the outriders to clear the way—we were at the Hyde-park side, the right side of the carriage, the same on which Her Majesty was sitting, and the prisoner made one step in advance and struck Her Majesty—he had his right hand free, and he struck with that hand—the blow appeared to me to fall partly on the Queen's bonnet and partly on her face; I could not see distinctly.
COURT. Q. Was it a violent blow? A. It was as violent as a man might strike without using any extra exertion—it was not a violent blow; still it was a hard blow: I should not like it to have come upon my own forehead, I confess.
MR. CLERK. Q. Could you observe, when the prisoner raised his hand with the stick, whether the blow was aimed in any particular direction? A. From the prisoner's attitude, it is my impression that the blow was so aimed as to fall on the face below the bonnet—it was a sweeping blow rather than a downward blow—I was the first to seize him—I seized him at once, and the policeman, Silver, came up and took him into custody—there were three of the royal children in the carriage with Her Majesty—I do not know which they were.
Cross-examined. Q. Were there a good many people there? A. As near as I can guess 150 or 200—there were persons on each side of us and behind—when he struck the blow the carriage was in front—there was a lady sitting in the front of the carriage facing Her Majesty.
SIR JAMES CLARK . I am physician to Her Majesty. I was sent for to see Her Majesty between eight and nine o'clock in the evening—I examined her forehead, and found a considerable tumour on the outer angle of the right brow, and a small cut—it had been bleeding, and the part was very red—I was surprised to find so much injury produced from so small a stick—it cut through the bonnet—I think it must have been used with considerable force; the bonnet was broken in—it was a horse-hair bonnet, very thin and elastic—it must have struck on the flat part of the bonnet; exactly behind the wire margin.
Cross-examined. Q. You assume that the blow was struck through the bonnet? A. Yes; I saw the bonnet, and examined it—it was elastic, and was in its place when I saw it—the wire round it was bent—I think it impossible for the wire to have assisted in producing the injury, because the wire was far beyond where the blow was struck when the bonnet was on the head.
Witnesses for the Defence.
COLONEL JOHN VANDELOUR . I was Lieutenant-Colonel of the 10th Hussars in 1841, when the prisoner joined it as cornet—he became lieutenant in due time—he remained in the regiment till March, 1846—when he joined it was quartered in England, we were afterwards a few years in Ireland, and then went back to England—about 1844, when we were quartered at Cahir, and he at Clonmel, an accident happened to some horses and a dog of his—between the time of his joining the regiment and that time, I had noticed peculiarities in his manner—the very first day he joined I thought there was something very odd about him—he had his hair cut close to his head, and I was under the impression that be had had his head shaved for some complaint, and he had rather a wildish look about him—as an officer he discharged his duties very well, to the best of his abilities—I never had occasion to find fault with him; and as to his being a gentleman, there was no doubt about that—he was very much liked by his brother officers, and respected by the regiment—he had a favourite Newfoundland dog, and, I think, as many as three valuable horses, to which he was very much attached—Major Wallington had then the command of the regiment at Clonmel—it was reported to me that Major Wallington's dog bit Mr. Pate's dog, and the horses afterwards went mad, and were shot—after that I noticed a change in the prisoner's conduct and appearance; and there was another circumstance, he had a very sensitive mind, and he appeared to be exceedingly annoyed at some correspondence that took place between his father and the Duke of Wellington, in respect to the loss of these horses—there was some claim made on the Major for the value of the horses, in consequence of the accident having arisen through one of his dogs—he felt hurt that his friends should make such a claim on a brother officer—after that he appeared not to have the same love for his profession; he did not seem to do his duty with the zeal that he did before—previous to that be used to mix with the other officers—afterwards his life was more secluded, and he was in the habit of taking very long walks, particularly when he went to Newbridge, in very wild secluded places—I cannot speak positively whether he estranged himself more from the company of his brother officers, because, from my position in the regiment, I was not so much among these gentlemen as the junior officers were—some time after that, at New-bridge, he complained to me that he was unwell, and said he had applied to the doctor of the regiment, and he had given him no relief—I asked what was the matter with him, he answered, and said his stomach and bowels were full of bricks, and that the doctor had not the skill to remove them—I saw directly the delusion he was under, and endeavoured to persuade him what was the fact, that the doctor was a person of great ability, and be was considered on the sick-list after that—to the best of my knowledge he did not replace the horses—he may have replaced one; I cannot speak positively, but I had great trouble about them—in June, 1845, I sent him from Newbridge with a detachment to Dublin, ordering him to return the following day; he left the detachment at Dublin, without leave, absented himself, and I was told he went to England—that is a military offence of a serious character—I communicated with General Wyndham on the subject—he came back after some days; I forget exactly the number of days he was absent—he was not brought to a court-martial
—I saw him after he came back; I thought him very wild, and he could give no account of himself why he went away—in consequence of what I observed in his conduct and demeanour, I made a communication with his father, putting it in as delicate a way as I could—I did not like exactly to tell his father that I thought him insane; a few months after, I think, he left the regiment.
MR. ATTORNEY-GENERAL. Q. On his return, after he had left Dublin, did you inquire where he had been? A. I did, and why he absented himself—he told me he had been in England—he did not tell me anything about his father—he did not enter into any particulars further than that he had been to England—I heard that he had been there from another quarter—he was put in arrest for that, but did not continue so—after he was released he continued to discharge his military duties as before—I am not certain whether he was on the sick-list when he made that statement to me about the state of his stomach and bowels; he was ill—I conclude he was ill, otherwise the doctor would not have admitted him on the sick-list—his father claimed compensation of Major Wellington, on the ground that his dog had caused the loss to his son, and that annoyed Mr. Pate, who thought it unjust towards his brother officer—allow me to observe, that Major Wallington had, before the complaint reached him, made what everybody conceived to be a very honourable compensation.
MR. COCKBURN. Q. On his return from England, did you ask him the motives of his absence? A. I asked why be absented himself, and he did not seem to know—he was ordered to resume his duty after the arrest ceased—he did not discharge it with his former seal and alacrity, but there was a very short time after that for me to judge—I had opportunities of seeing him, and the result was that I wrote to his father, and he left the regiment.
COURT. Q. I suppose, according to the usual course in the army, an offence of that sort, would not be readily passed over in a sane person? A. I should think not—I do not know what the general's motives were, but, had I been in his place, I should have acted in the same manner—if he had been perfectly sensible I should have adopted quite a different course.
CAPTAIN EDMUND BENTLET FRITH . I am now paymaster of the 13th Light Dragoons; I was formerly in the 10th Hussars; I joined it in April, 1842, about a year after Mr. Pate—I was very intimate with him for two or three years—I was quartered at Cahir at the time the accident happened to his horses: I heard of it—previous to that, I believe, he was active in the discharge of his duties as an officer—he was very much liked by everybody—after hearing of that accident, I observed a very great change in his manner and appearance; it was generally remarked in the regiment—he very often absented himself from mess, and took long walks by himself—he told me that he was afraid the cook and messman of the regiment had conspired to poison him—he made that complaint at various times, and in different places—he appeared to me to make it seriously, as though he believed it.
COURT. Q. Using the word "poison" in the ordinary sense, that is, killing by poison? A. Yes.
Q. Not as a person does who has a bad dish? A. I believe in the first instance he absented himself from mess, fearing that the dishes would not agree with him—I fancy that was his first idea—afterwards he spoke to me very seriously on the subject, and I believed that he was serious, that he was under the impression that the cook and the messman had conspired to poison him—he was afraid to go to mess, fearing the dishes were poisoned.
MR. COCKBURN. Q. You understand the distinction in the question; it
was not that he feared the dishes would not agree with him, but that poison was mixed with them? A. It was my belief at first that he meant the dishes would not agree with him; but after saying it to me at different times and places, I then believed he was under the impression that they had engaged to poison him—his manner was that of a man speaking under an impression of that nature.
COURT. Q. Did you talk with him about it? did you say, "Why, if they would poison you, they would poison me and the rest?" A. I did, but he still persisted in his opinion that they were in league to poison him—I could not convince him that it would kill other persons as well as him.
MR. COCKBURN. Q. Did he make complaints to you about the state of his stomach and bowels? A. I heard him mention the circumstance once when I was in his room at barracks—he stated that he had stones and bricks in his stomach—his manner was at times very reserved, and at other times looking very wild and excited, without any apparent cause—it was my belief that his mind was impaired, from the loss of his horses and dog—it was my impression at the time that that had a great deal to do with his change of manner—I observed this striking change of manner after that event.
Q. Did that altered manner and appearance continue until he left the regiment? A. It was sot so much after he was released from arrest; at least, I had not the same opportunities of seeing him—when I did see him I had not opportunities of observing him so closely as I had before—I was not with the regiment when he left; I was on leave—he made a present of his uniform and accoutrements to the adjutant of the regiment—I have known parts of an officer's appointments given, and I have known the horse given, but I never knew a man give the entire of his things—he gave all—on the very afternoon of this unfortunate transaction I met Mr. Pate, about three o'clock, in Picca-dilly, and I observed that his manner was more excited than usual—he was walking in his usual manner, but swinging bis arms and his stick a little more than I had ever seen him do before—he was in the habit of swinging his arms—he has a very peculiar gait—every one used to turn round and look at him—he always carried a small stick; I never saw him without—I have frequently seen him since he left the regiment, always taking his usual walk between Duke-street and the Parks—I have met him at different hours taking the same walk, and always swinging his arms in a peculiar manner, but I never saw him in such an excited state as he was at three o'clock on the Thursday—I was walking with a friend at that time, and we both remarked his appearance.
COURT. Q. I suppose you thought his appearance eccentric? A. I did.
MR. ATTORNEY-GENERAL. Q. Did you speak to him? A. I did; I said, "How do you do?" and he gave his usual answer, a sort of nod—he recognized me, but in a very wild manner—he usually looked wild, but he never looked so excited as he did that afternoon—I have called on him in Jermyn-street; but finding he did not wish to see any one, I discontinued calling on him—I have very often seen him in the street, and always spoke or nodded to him—he always walked very upright, and swung his arms, but not in the manner in which he has done lately—when I first knew him he had a peculiar manner; he held himself erect, and his manner of walking, I think, was different from ordinary persons, nothing very remarkable—his peculiar manner has become very much exaggerated lately, so much so that everybody looked round at him—it was about the same time that he told me about the poisoning, that he spoke of having bricks and stones in his inside—he was then quartered at Newbridge.
Q. Was he in fact ill at that time? A. He was at different times on the sick report; but the nature of his disease I am not aware of; nothing very serious, I fancy, for he was only on for short periods—I believe he was perpetually on and off the sick-list—from my position in the regiment, I am not able to judge whether he discharged his military duties in the ordinary way—I believe many things were looked over in consequence of his eccentric manner.
SIR THOMAS MONRO . I joined the 10th Hussars in 1842, after Mr. Pate—I was quartered with him first at Ballincoli, and afterwards at Cahir—I forget whether I saw him in Dublin or not, but I saw him at Newbridge after the accident to his horses—he seemed rather more odd in his manner than he had been before—he was always odd—I think his manner and conduct was matter of conversation and observation in the regiment—I have only seen him once since he left the regiment—that was in the Green Park, near Piccadilly, about the beginning of this year—he was walking down the Park, very fast, and very upright, swinging his arms a great deal.
THOMAS VENN . I am a corporal in the 10th Hussars. I was in the regiment when Mr. Pate joined it—I had charge of horses in the same stables with his—I remember its being discovered that the horses had been bitten—Mr. Pate had a very handsome Newfoundland dog—I am not aware that that was bitten—it was afterwards destroyed, because I think there was an order to destroy all dogs at the barracks—it was supposed the horses were bitten—they went mad; two or three of them were shot—Mr. Pate was very much distressed about his favourite horse, what he termed his big horse—that was the second one—he appeared very much distressed about it—previous to the second horse being taken ill, he said if anything happened to his big horse, he did not know what he should do, he should be almost ready to go and make a hole in the river—he spoke it in a laughable sort of manner—I think there was a change in his spirits and manner after the big horse was killed—he did not appear to care so much about the other horse.
GEORGE PITT . I am a sergeant in the 10th Hussars. I was in the regiment when Mr. Pate was, and at the time the accident happened to his horses—he was very much attached to his horses—I observed that he always appeared very much depressed in spirits after the death of the horses, and very eccentric in his manner—I have some recollection of his returning to the regiment after he had gone to England without leave—his manner continued eccentric after that—it was always eccentric after the horses had been shot.
THOMAS MARTIN . I am trumpeter of the 10th Hussars, I knew Mr. Pate when he was in the regiment—after the death of his horses he seemed very solitary—at times when he has come round the troop, it hat been generally remarked among the men that he was not right—my mind went along with that observation—I have noticed him sometimes standing moping about as though he was lost in thought, and suddenly he would start off at a good pace, as though he were walking for a wager—I have seen that on more occasions than one after the death of the horses.
ROBERT FRANCIS PATE, ESQ . I am the prisoner's father. I remember his leaving the regiment when it was in Ireland, and coming home—he came down to me at Wisbeach—it was in 1844—I learnt from him that he had come away without leave—I was astonished to see him, and exceedingly hurt, and asked him what was the occasion of it—he said that he was hunted by persons in the Dublin streets, and he had seen the same persons about the barracks where he had been quartered, and he had even seen them about the hotel in London, and from Dublin he made his escape into a vessel coming
to Liverpool—I said I could not let him remain with me, he must return immediately to the regiment, I did not know what would he the consequence, that he might be shot—I was alarmed on account of his being absent without leave—he promised to go back the next morning—I did not doubt his word, or I would have gone back with him—he did go by the first coach next morning, and arrived at his quarters—I wrote to the colonel by the same post stating that he had gone, and afterwards received a letter from Colonel Vandelour, advising me very kindly to take him out of the regiment—I have not got that letter—he had leave, and came to London—I met him in London—after he had been in London some little lime, he sold his commission without communicating with me—I heard that he was still in London, and I knew his time of leave had expired, and I came up to London to see after him—I saw him, and the first thing I asked was whether he had sold out—he said he had—I then went next morning to the Horse Guards to know the particulars, and found it was correct—after paying his debts, I understood him that he would have 1,200l. left—he kept that money—I was afterwards applied to by persons to whom he had become indebted in London—that was about a year and three quarters after he sold out—I saw him some time after—I had seen him while he was at the lodging in Jermyn-street, and I then saw him in Duke-street—his manner then struck me as very remarkable—I was alarmed at it—I first consulted Mr. Leveson, a medical gentleman of Brighton, on the subject, and asked him to recommend me a gentleman in London, and I then consulted Dr. Conolly—at that time I had a daughter living with the family of Mr. Startin, of Saville-row—I consulted Dr. Conolly last autumn—he thought the company of his sister might make him more comfortable, and he had better have a little more time; he would attend to him when there was anything the matter—he did not see him, he thought his presence might do him harm.
MR. ATTORNEY-GENERAL. Q. When your son came to you at Wisbeach in 1844, did he tell you himself that he had left without leave? A. Yes; when I said I was apprehensive he might be shot, he said he could not help it—he said nothing about his being liable to a court-martial, or what the consequences would be—very little conversation passed—I was exceedingly hurt at his coming home—I advised him to go back, and he went back—I believe he had 1,200l. left after paying his debts, or a little more—I think he sold his commission for about 1,800l.—I did not see him very often afterwards when he was staying in London—he did not come down to Wisbeach to visit me—he never came down after he sold his commission—he is not at all intemperate in his habits now—I do not know how he went on in the regiment; I have no means of knowing—I mean since he has been at his last lodging he has been very temperate—I did not know much about him before, I seldom saw him.
Q. After consulting Dr. Conolly, did you leave your son without any person to watch him, or the least consideration? A. He was in the habit of visiting Mr. Startin, who is a medical man; and I thought anything that took place Mr. Startin would tell me of—I made inquiry about him of the persons he lived with, from time to time, as to how he was going on, and the result of my inquiry was, that I left him uncontrolled in his lodging—I have always left him in a very dissatisfied state, very uncomfortable about him, but I did not know what steps to take to put him into an asylum; I did not know what to do; I always believed that he would go into an asylum—I had nobody to attend to or watch him but the people of the house where he lodged—I had no control over him—he is my only son.
COURT. Q. He did not come down to you when you were high sheriff of Cambridgeshire, which I well remember? A. No; that is about three years ago.
MR. COCKBURN. Q. He assigned no motive for coming from Ireland, but that people were pursuing him in Dublin streets? A. Yes, that there was a conspiracy.
CHARLES DODMAN . I was formerly in the 10th Hussars, and was servant to Mr. Pate a portion of the time he was in the regiment; that was after the loss of his horses—I noticed his conduct and manner; it was always very strange and eccentric, not like other people—I accompanied him when he went with a detachment from Newbridge to Dublin; some accident had happened to a horse on its voyage, and it was killed—he went to Morrison's hotel, Dublin—he left me there, and went away without giving me any intimation; I subsequently found he had gone to England—he came back in about seventeen or eighteen days to the regiment, at Newbridge—his conduct after that was dull and more melancholy than before; he secluded himself all he could—he was very much liked by every man in the regiment—I was afterwards engaged by him in March, 1846, as his servant, after he had left the regiment; he was then living at 43, Great Marlborough-street, and in one or two days afterwards he went to Jermyn-street—while he was at Jermyn-street in 1847, he was thrown from his horse; he had no medical man to attend him for that—his habits were very regular in Jermyn-street—he rose at seven, and first had a very large basin of water, which would hold about four gallons, and put his head into it; he then had a bath, and into that he put whiskey and camphor, half a pint every morning to about ten pails of water, sufficient to cover his body—two ounces of camphor mixed with a pint and a half of whiskey served him for three mornings—while he was dressing I have heard him making noises and shouting, particularly in the bath.
COURT. Q. What sort of shouts were they? A. Like a person going suddenly into the water and losing their breath; it was so much that all the persons in the house noticed it—it was as much as to say it was very cold.
MR. HUDDLESTON. Q. Was it merely just at the moment he went in, or did it continue? A. It continued, and sometimes he would sing—it was not an annoyance to the people in the house; it was rather an amusement, the servants used to stand and listen to him—he did not mix at all in society in Jermyn-street, he lived by himself—the blind of the room he was in was always down every minute he was in—he lived on the first floor—he used to go out for a walk regularly—I believe he always went in the same direction—I did not go with him—he went out in a cab, always at a certain hour, and he would go to the minute—his father and his sister have been with him, and other things happened to hinder him, but nothing would stop him from going at the very moment the chimes of St. James went a quarter to three in the afternoon, and at a quarter to twelve in the morning he went to dress—he had the same cab man, and he paid him ten shillings for his fare for some time, all in shillings, and afterwards it was reduced to nine shillings—I was obliged to be very particular in getting all shillings—he would never take a half-crown or a sixpence, but he would have a sixpence and a large penny to pay the bridge and gates—he would never have a small penny or halfpence—I was obliged to have sixpence and a penny in one place and the nine shillings in another, and put them in separate places on the mantel-piece in the drawing-room, in the same place every day—the shillings were laid on the top of each other, and the first thing he would do when he came in would be to count them—when he took them up I believe he used to place them, in
his pocket with the heads all one way, and I believe the heads were up when he paid the cab man—he never altered his style of dress according to the heat or coldness of the weather—he would have a fire in the summer-time, except for about two or three months, the very hot weather—he used to have one in his bedroom also—he had the cab for about eighteen months—I never but once knew him to receive company.
MR. ATTORNEY-GENERAL. Q. Upon what occasion was it that he received company? A. On the Derby-day; one gentleman dined with him who had gone with him to the Derby—that was in 1847—he was regular in the payment of his bills—large bills were settled quarterly or half-yearly—he used to keep the receipts—I have seen him put the large ones away—he paid his lodgings and my wages very regularly—he was very regular in his habits he had a very wild and strange way, so that everybody would notice him.
Q. What do you mean by that; in what respect? A. He would be very punctual and so very noisy; he would whistle about the house, and throw himself about in walking—he walked very erect, and threw his arms about—he would think repeatedly of having things made or done which I had very great difficulty in getting, and sometimes I could not meet with them—at one time he wanted an ivory pestle-and-mortar made in the shape of a bell, to grind tooth-powder—I got it for him, and he ground charcoal and camphorated chalk in it—he once wanted me particularly to get a piece of wood, to match a gun-stock, to make a watch-stand; it was a pretty piece of solid walnut-tree—I could not get it without ordering it—it struck me as being extraordinary—at the time he was at Morrison's Hotel, at Dublin, I asked whether he was going out to dine; he said be should not know till three o'clock—I went at three o'clock, and he had not made up his mind, and told me to come at nine at night—I thought that a very late hour to go to New-bridge, and when I came I found he had gone out to dine.
MR. COCKBURN. Q. He left you behind when he came to England without orders? A. Yes—his whistling and singing was very peculiar, it was in general one thing—I never heard any one else shout and make noises as he did in the bath—his manner was different from other people—I was with him nearly two years; his manner and conduct was matter of observation and conversation to the people in the house.
COURT. Q. Did he read books at all while he was in the house? A. Yes, and the newspaper—on one occasion I saw the catalogue of books at Russell Smith's, in Old Compton-street, and one of the books he had was "Nursery Rhymes;" he purchased it to read, and read it through—he gave it to me for my child—I thought it a strange book for a gentleman to read—I have seen him with many books—he read Hogarth's works—he did not read the Bible; I never knew him go to Church, or any place of worship—he used to walk and ride on Sunday, just the same as any other day.
BAKER LEE . I drive a Hansom's cab—I was in the habit of driving Mr. Pate—I think I began to do so some time in November, 1847—it was while he lived at 89, Jermyn-street—I fetched him regularly every day at one time, a quarter-past three o'clock—I was obliged to be there punctual to the minute—I was there before, he always came punctual to the minute—I always drove him the same way, down the Brompton-road, over Putney-bridge, and up to Putney-heath; always to one spot, a small hill of grass where be used to get out and cross a small ditch, and walk direct round the heath, always among the thickest of the furze and gorse bushes, never on the footpaths—he always walked round at the back out of my sight for about ten minutes, and I used to go along the road and meet him again when he had had his walk at
one particular spot; near a pond which he used to pass in his walk, and he would frequently stop there, and stand and notice it for a few minutes, and then run and jump into the cab—he would sometimes order me to go as fast as I could gallop, and then he would pull me up, and order me to walk down Roehampton-lane—I then used to take him to Barnes-common—he used to get out at one certain place there, and take a regular walk over the common among the furze-bushes and briars—I used to take him up again at a certain point, always the same point, and then drive him home—he would sometimes stop at a nursery-garden and buy 1d.-worth of flowers; we always came the same road home, over Hammersmith-bridge—his manner was very peculiar in the cab—his manner of ordering me first to gallop, then to stop, and jumping from one side of the cab to the other—as I sat behind, I used to open the trap and look through, my curiosity was very much excited—it used to be dark in winter-time driving down Roehampton-lane, a large avenue of trees; it would be dark before we got to Barnes-common—he would walk through the furze-bushes there in the dark, hail, rain, blow or snow—while in the cab he would sometimes jump and start very much, and sometimes he would sit still and never stir the whole journey—he used to have a small cane with him, which he used to flourish about this way and that way—I cannot say whether this is the cane (looking at the one produced)—it was similar to it, if it was not that—he would lay on the front of the cab and take the cane and cut it this way and that way—I do not know what performance it was; he seemed to be thoughtless, or something of that kind—I suppose some sudden thought caused him to jump and start, as if he did not know what he was about—many respectable people on the road would stop me in their carriage, and gentlemen on horseback, to ask who or what he was, whether, he was not a madman—this lasted every day for fifteen or eighteen months, without any interruption, whatever might be the weather, and Sunday the same—he used to pay me every day when I brought him home—at first it was 10s., and afterwards reduced to 9s.—I do not know how it came to be reduced—he said to me one day that he should only give me 9s.—he paid me with the 9s., and he contined on paying that, and I never contradicted it, as it was a sufficient remuneration for the journey—he always paid me in shillings, never anything but shillings, and they were always placed with the man upwards, and all the men's faces one way.
COURT. Q. How did he pay you so that you could see that? A. I used to notice them after I took them out of his hand—he handed them to me all in a lump, not one by one, one on the top of the other, and dropped them down into my band—the toll at Putney was 6d., and at Hammersmith 4d., and 3d. at Stamford-bridge gate, which made it 1s. and 1d.—he used to have 10s. every day and 1d., and the shilling and the penny-piece always laid on the seat, I could see that—it was not two sixpences for the toll—I believe it was 1s. he gave at Stamford-bridge gate—the persons at the cab-stand, and where my cab stood, used to make observations about Mr. Pate, and very singular observations too.
MR. ATTORNEY-GENERAL. Q. Why was it you left off driving him? A. Because he could not afford to ride any longer—he did not tell me so; he gave me no reason—when I went the next day the valet told me that Mr. Pate did not want me, and if he wanted me he would send for me—sometimes when he went through the furs✗e and gorse-bushes, I have seen his clothes as wet as if he had been in a pond—he appeared very pleased at a hail-storm, if he was walking—I did not make a bargain with him at first—he gave me 10s. without asking the price—I cannot say what my proper fare
would be—I know what the legal fare would be, but going off the stones we sometimes demand more—9s. might suit me better to-day than 10s. tomorrow—the fare would be 9s. 4d.—he had rather the best of me by the 9s. payment, but it was very suitable to me—it was two hours a day regularly, to a minute.
COURT. Q. When was the last time you drove him? A. About two years ago.
CHARLES MASON . I keep a livery-stable, in Dyson's-yard, Park-lane. I have known Mr. Pate for some years—he had horses from me from the summer of 1846 up to the first week in Nov., 1846—he then had an accident with one of them—the horse fell, and threw him, as he came in at the Victoria-gate late one evening—since the spring of 1847, I have seen him in the winter about twice a week, and in the summer about three times a week, passing my place in Park-lane and in Piccadilly, as near two o'clock in the day as possible—lately my attention has been very much attracted to a strangeness in his appearance and manner—there was not that gentlemanly, friendly acknowledgment that he used to me, but a great deal of irritability, and especially in the middle of May; so that I told my foreman I had great apprehensions that Captain Pate, as I always called him, was losing his senses—there was a very marked change to when I first knew him—he was wild in appearance, and it seemed as if he was annoyed by the attention that I always considered due to him, being a customer—he used to return it very friendly formerly, "How do you do, Mason?" and lately he would wave his stick in his hand.
JAMES STARTIN, ESQ . I am a surgeon, living in Saville-row. In 1849 a sister of Mr. Pate's came to live in my family for a time—I think Mr. Pate came with her the first time—I had seen him previously to that—I first noticed him in the winter of 1848—I was walking with my wife in Kensington-gardens, and he passed me—she drew my attention to him, and I said, "It is a poor insane man"—I observed so great a peculiarity about his appearance and manner, that I told my wife not to attract his attention, for fear of the consequences—he was walking in a strange manner, at rather a rapid pace, throwing his arms about, and throwing his legs out in rather an extraordinary manner—he did not walk like anybody else, and his look was odd—he neither looked much to the right or left—it was the look of a man whose mind was not perfect—I saw him afterwards, from time to time, about town, and his manner always struck me—I did not at that time know who he was—I did not recognize him the first time he came with his sister; I did the second time I saw him—he came to my house about eight or ten times while his sister was living there; that is, I saw him eight or ten times—I had opportunities of conversing with him on a few occasions—his conversation was very peculiar—there was nothing very remarkable about it, certainly—there were no insane remarks—occasionally he used to start subjects, and leave them off very abruptly; and occasionally he would throw a degree of energy into what he said that did not at all correspond with the subject; and then at once he would cease from conversation, and retire in a sort of sulky manner—I have seen a great many insane persons, and I should put him down as such—his conversation was not that of a rational man in the perfect command of his senses—there was no delusion—the only delusion I think I might mention was, that on one occasion there were some gentlemen rather eminent for classical attainments in my room, and I was trying to persuade him to qualify himself for a classical education, as he had given up the army; and he said he did not think there was any man in England of sufficient classical attainments
to give him an education, or to teach him; and of course I ceased the conversation at once—I had at one time, for three years, opportunities of seeing insane persons at the Birmingham Infirmary, a parochial establishment, and all the recent insane cases came under my eye for that period—the result of his manner and conversation was to produce an impression on my mind that his father ought to be communicated with, and I did communicate with him.
MR. ATTORNEY-GENERAL. Q. Are you any connexion or relation of the prisoner's? A. No relation; my brother married his sister—that was in 1849—that was the sister that came to reside with me.
COURT. Q. How came she to come to you? A. I have known Mr. Pate, senior, for some years—it was a matter of friendship—she did not come to live with me because I was a medical man.
MR. ATTORNEY-GENERAL. Q. When was it you made the communication to the father? A. In Nov. 1849—I think he had previously seen Dr. Conolly—I am not aware that he did anything in consequence of my communication.
MR. COCKBURN. Q. Did you give the father any recommendation as to following the advice of Dr. Conolly? A. I forget whether the father informed me whether he had seen Dr. Conolly or not, but I told the father it would be well not to excite him, or I thought there might be some rashness—I meant that he might commit some act upon himself or his relatives—I advised that his father should soothe him.
GEORGE FEARON GARDINER . I was on duty as beadle at the Burlington Arcade—I have, while there, noticed Mr. Pate at different times—I have always looked at him when he came in, and looked after him—I have seen him cutting away with his stick, sometimes backwards and sometimes forwards, and I imagined he was not altogether right in his senses—I have seen him stop at a window and look round, as if somebody was after him, and then start off as fast as he could go—sometimes gentlemen have asked me if I knew him, and who he was, and said he appeared like a madman—his manner was very eccentric.
JOHN SQUIRE (police-inspector.) I have known Mr. Pate about town for some time—my attention has been attracted to him by his eccentric walk about the streets—he was wild in gesture, and peculiar in his gait—I have looked round and wondered who he was—his manner was such as to attract attention in passing along—he had a peculiar action of sometimes putting his hand in his waistcoat—I never saw him without a stick, and he used to pass it backwards and forwards as he passed through the streets—I never saw him hit the passengers—in consequence of his manner, I used to call him "Old Cut-and-Thrust."
MR. ATTORNEY-GENERAL. Q. How long have you observed this? A. I cannot say exactly—I have been in the present division fourteen years and two months, and I have been constantly in the habit of seeing him several times a day—I have observed this eccentric and wild manner since the commencement of the present year—I did not report it—I did not consider there was anything to report; I considered him harmless—I never saw him watched by the police.
JOHN MULLING . I am gate-keeper, at the Buckhill-gate, Kensington gardens. I have seen Mr. Pate come through about two years, or two years and a half ago—he came soon after one, always within a few minutes of the same time—he used to walk in an unusual sort of way, throwing himself about, and swinging his stick about—he attracted my attention, and that of
those who were passing at the time—I never saw him speak to any person, only staring about—it is about two years and a half ago since I first saw him, and I noticed him till I lost sight of him soon after the account of what happened to Her Majesty; I think the day after.
THE O'GORMAN MAHON , M.P. I have known Mr. Pate between ten and eleven months—I have seen him occasionally at Mr. Startin's, and elsewhere—I have frequently had opportunities of conversing with him—from the first day I saw him I had an impression on my mind that he was not a sane man—that impression was confirmed almost on every subsequent interview, so much so that it became matter of conversation between myself and my companions—his manner, appearance, and conversation, all led me to that conclusion.
MR. ATTORNEY-GENERAL. Q. You have associated with him, I presume? A. I have occasionally—I found him very much alive to the feelings of a gentleman.
Q. And knowing what he was about? A. He possesses that species of instinct which guides animals, and so far as that, I should say he did know what he was about—I think from his education and habits he would shrink from doing an ungentlemanly or dishonourable act, knowing it to be wrong.
COURT. Q. You think he would not do a wrong act, because he would know it to be wrong? A. Certainly.
MR. COCKBURN. Q. Do you think he would do a disloyal act, or an act of this kind, if he knew it to be wrong? A. He was the last man in the world who I should suppose would be guilty of a disloyal act.
THE REV. CHARLES DRISCOLL . I live at 60, Sloane-street, and am lecturer at Bow Church, Middlesex. I have known Mr. Pate, by sight, from a year to a year and a half—I afterwards became personally acquainted with him, at Mr. Startin's—before that my attention had been called to him by his appearance and manner, and I had formed an opinion as to his state of mind before my introduction to him—I afterwards had conversation with him, and saw him at Mr. Startin's—the opinion I had formed as to his state of mind was not altered by that—my opinion was, that be was not in his sound senses—on the 27th June, I was going to dine at the Army and Navy Club, and as I was going there in an omnibus I saw Mr. Pate, about six o'clock, standing at the west side of the east gate of the Duke of Cambridge's house—he stood quietly for about two or three minutes, the omnibus was going slowly by at the time, and then he turned round and walked westward towards Hyde-park Corner, and though I had met him often in the street, yet there was something peculiar in the manner in which he turned about then and walked away, that made me look through the window after him, and to take particular notice of him—he threw his heels up in a much more extravagant manner than usual—he generally wore his coat wide open, as if he wished to air his chest, and he threw his coat back violently, and threw his heels up—he appeared more excited than usual—I did not notice his look particularly, but his manner—I did not see any stick, he generally threw his coat back, and that concealed the stick on that occasion from my view—I dined at the Army and Navy Club, and there I heard of this occurrence.
MR. ATTORNEY-GENERAL. Q. Did he always throw his coat back in walking? A. Always, whenever I saw him, and threw out his heels in such a way that it was astonishing how he preserved his equilibrium—he walked very erect, with his coat thrown back, and raising his heels and throwing them forward in a very extravagant manner—I have met him in society—I have not conversed with him much, he was sulky and reserved in his manner—it was more
in manner and appearance, than insanity of conversation—he bad a short chopping manner of answering, and a very peculiar expression of face—I have met him at an evening party, taking tea in a domestic way—I have not met him frequently—my impression is, that I have met him two or three times, but I can only say with certainty that I have met him once.
JOHN CONOLLY, ESQ ., M.D. I have devoted my attention very much to the subject of insanity—I am physician to the Hanwell Lunatic Asylum—I have seen Mr. Pate since his committal only—I was applied to by his father in Nov. last, and the circumstances of the case were stated to me, including events for some time past—I was aware at that time that his sister was in London, and that he had been brought into communication with her last winter, and I thought, from what was told me, that he was rather improving in his habits, beginning to go into society a little more, and probably, if I was introduced to him, it might produce an evil excitement, causing him to set off again, and give trouble to his friends; consequently, I thought it would be better I should not see him—I recommended a postponement of anything of that kind for the present—I have seen him three times since his committal—I have conversed with him on the subject of this transaction—I tried particularly to understand what his motive could have been in doing it, or what his state of mind could have been at the time—in my opinion, he is a person of unsound mind—I form that opinion from the communication I have had with him personally, together with all the circumstances which I have heard detailed in the course of the case, but certainly, to a considerable degree, from the conversations I have had with him—it appears to me, that in his present state he presents an example of what is not at all uncommon to me, of persons who are very devoid of mental power, who have a very small share of mental power, who consequently persevere in no pursuit, have no object, and are unfit for all the ordinary duties of life.
Q. Have you sufficient of data before you to form a judgment, as to whether he is capable of discriminating between right and wrong? A. I should say, in conversation with him, if you were to speak of an action that was decidedly right or wrong he would very clearly understand it, as clearly as I should myself—I should think it would be particularly part of his state of mind to be liable, at any sudden excitement, to have the malady considerably aggravated from the want of stronger control.
MR. ATTORNEY-GENERAL Q. Do I understand you to say he is not a man of strong mind? A. Yes, wanting in earnestness of intention on any subject, indifferent, apathetic.
Q. I am afraid that is the characteristic of a great number of persons who are perfectly sane, and at large? A. At large; I doubt about their being perfectly sane—of course the line must be drawn somewhere, but I take all the circumstances into consideration in this case.
COURT. Q. Do you perceive any specific delusion at all? A. Not at present; no delusion whatever.
MR. ATTORNEY-GENERAL. Q. And I presume he is well aware that he has done wrong in this matter? A. Yes, and regrets it very much.
MR. COCKBURN. Q. You gather that, from what he has said to you on the subject? A. I do—he seems quite unable to give any account why he did it, or any account of the act at all, any more than it was not done by another person—he does not deny having done it, but he expresses himself very sorry for it—I asked him a great many questions on the subject; he had no motive whatever in committing such an action, no premeditation, no powers of deliberation or reason at the time; but he acted under some strange morbid impulse, which he had no power apparently of resisting.
EDWARD THOMAS MONRO, ESQ ., M.D. I have had five interviews with Mr. Pate since this occurrence—I saw him first on the 2nd of the month at Clerkenwell, and again on the 3rd; and I saw him afterwards in Newgate on the 5th, 8th, and 10th—from my own observation, and from what I have heard to-day, I believe him to be of unsound mind—from his own lips I have heard a statement of what occurred in 1844, in Ireland; how he came away driven by his own imagination that he was watched, that he was persecuted, and I have no doubt in the world that he was then labouring under a delusion—I have heard the opinion which Dr. Conolly has given to-day—I do not remember precisely all the points of his evidence—I agree generally with him, certainly.
COURT. Q. Do you agree with that part of his evidence in which he says there is no specific delusion? A. At this time I am not aware that there is any.
MR. ATTORNEY-GENERAL. Q. And that he was aware he was doing wrong in doing this act? A. Very possibly aware—a madman might choose the wrong and do the act perversely—there are a great many degrees in madness—I think the characteristic of his, is a morbid love of seclusion; no friends, no pursuits, no object in life; that is what I find continually; what I should call an unsound state of mind.
Q. Is he, in your judgment, capable of distinguishing between right and wrong? A. In many things, certainly.
MR. COCKBURN. Q. Is that apathetic state of mind, listlessness and inconstancy, consistent with occasional paroxysms of excitement? A. Oh yes—the whole history that I have heard to-day is quite conclusive to my mind of his being in an unsound condition—I think that a man conceiving he had bricks and stones in his stomach, and being hunted by persons, and imagining that the cook and messman had conspired to poison him, are indications of insanity.
GUILTY . Aged 30.— Transported for Seven Years.
Before Mr. Justice Patteson.
JOHN PERRY . I am a carter, of 2, Paul's-alley, Red Cross-street. I know the prisoner, and knew the deceased, William Henry Westlake—we went on 23rd June to a public-house in Fann-street—we had a quarrel and went to Holloway to fight—we then came back to Old-street, St. Luke's—Westlake was drunk—I had heard no words between him and the prisoner—I was drunk, and the prisoner was fresh—Westlake knocked the prisoner down in Old-street—they might have had words, but I did not hear them—the prisoner jumped up and knocked Westlake down with his fist; he fell on the pavement—I cannot say where his head went—I helped to pick him up, and took him to a doctor's shop, and from thence to the station—I do not know whether he was sensible, he did not speak—I saw blood about his head—I only saw two blows struck.
THOMAS PERRY . I was at Holloway—after the fight, Westlake offered to spar with the prisoner—he said he could not spar—I heard nothing more till we got into Old-street, where Westlake knocked the prisoner down; he jumped up and knocked Westlake down—that was all I saw.
WILLIAM HARDING . I was at Holloway, and came back to Old-street—Westlake made use of some vulgar language, and asked a friend who was walking with them to come away from the party—the prisoner turned round and asked him if our company was not as good as his—an altercation took place, and Westlake kept drawing his hand across the prisoner's face in a
provoking manner, and at length knocked him down; he then got up and knocked Westlake down.
EDWARD ROSS (policeman, 29). I was in Old-street; I did not see the beginning—I saw the prisoner strike Westlake, who was taken to the station, and charged the prisoner with assaulting him—the prisoner was sober—I afterwards saw Westlake's body at the inquest.
JOHN GRAY (police-inspector, G.) On 23rd June, Westlake came to the station, and charged the prisoner with assaulting him—Westlake was detained, being quite drunk—he died there about nine minutes past twelve o'clock—the surgeon saw the body of the same person.
JOHN BUBBERS MATHER . I am a surgeon—early on the morning of 24th June, I saw the body of Westlake, and found a punctured wound on the back of the head—it must have been made with some sharp instrument, not with the fist—I made a post-mortem examination on the Tuesday, and inside the skull, beneath the external wound, was a large mass of coagulated blood which compressed the brain and caused death; one of the larger blood-vessels had ruptured with the fall or blow—I saw him at the moment of his death, and then thought there were traces of intoxication, but there were no traces of it at the post-mortem examination—death must have resulted from the fall, not from mere intoxication.
GUILTY . Aged 21.—Strongly recommended to mercy.— Confined One Week
Before Mr. Justice Talfourd.
WILLIAM CATLIN . I am in the employ of Isabella Fleming, a silversmith in St. Martin's-lane; it is her dwelling-house. On 28th June, about five o'clock in the afternoon, I was in the shop, and saw the prisoner dash his fist through a square of glass—I went out and brought him into the shop, and a soldier handed me this watch (produced) which had been in the window—it is Mrs. Fleming's property.
WILLIAM BISSETT . I am a soldier in the Scotch Fusileer Guards. I was in St. Martin's-lane on this day—I heard some glass break, turned round, and saw the prisoner thrust his hand into the window, and pull out this watch—I seized him; took it from him, and gave it to the shopman; held the prisoner till a policeman came up and took him—his hand was bleeding at the time—I asked what motive he had for doing it, he said he wanted a watch, and he thought that one would suit him.
(The prisoner begged for mercy.)
GUILTY . Aged 40.— Confined One Year.
NEW COURT.—Thursday, July 11th, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr.
Ald. WILLIAM HUNTER; Mr. Ald. SALOMONS; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 53.— Transported for Ten Years.
GUILTY . Aged 14.— Confined Fourteen Days .—(His father stated that he
would send him to sea, and take care of him till he went.)
GUILTY . Aged 30.— Confined One Month.
FORTUNATO PATRIGNARI (through an interpreter.) I am a sailor on board a vessel lying in St. Katharine's Docks. On Friday, 14th June, the prisoner came on board about two o'clock—he represented himself as a pilot, and went into the forecastle—a man came on board with razors; I bought some—I went up from the forecastle, leaving the prisoner there—I went down again in four or five minutes, and he was gone, and I missed a sovereign, two half-crowns, and three shillings, which had been in my chest on my clothes—my chest was open.
Cross-examined by MR. PAYNE. Q. Had you seen the prisoner before that day? A. No; I do not know that he came by appointment about some cigars—when he went first down into the forecastle, all the crew were there—the razor-man went on shore, and the crew went to work—I did not go on shore with the prisoner—I did not drink with the prisoner in a public-house—I gave him into custody about six o'clock on Saturday; I did not see him before—I did not say that cigars were considered as money in my country—none of the crew are here—I did not send any person to the prisoner to get any money from him—when I came on deck and left the prisoner in the forecastle, some of the crew were on the deck, and some aloft.
JAMES KIRKPATRICK . I went on board the ship on the Friday afternoon—I sold some razors to the prosecutor; he paid me a half-crown-piece for them, which he took out of the chest—he and his shipmates were there—the prisoner came down while I was there; he looked at the razors and asked if they were good—when I had got my money, he asked me if I had done, and he told me to go on deck—I went, leaving no one in the forecastle but the prisoner and the prosecutor.
CHARLES FRAZER (Thames-policeman., 73) I took the prisoner—I told him he was charged with stealing a sovereign and some foreign coins from a brig in St. Katharine's Docks—he said, "I know nothing about it, Frazer, but I will go with you"—I brought him out, and made motions to the prosecutor "Is this the man?"—he said, "Yes."
Cross-examined. Q. Did he did not say, "I will go and see the man that accuses me?"A. Certainly he did; I took him in his own house—I have known him for years—he was bailed, and has surrendered this morning.
NOT GUILTY .
DOY— GUILTY . Aged 19.— Confined Six Months.
SMITH— GUILTY . Aged 42.— Confined One Year, and fined 20 l
MR. ROBINSON conducted the Prosecution.
ALFRED GREEN (City-policeman., 376) On Monday night, 10th June, in consequence of information, I went to St. Andrew's-hill, Doctors'-commons—I saw over a door there, "Evans, late Lay land, Rag-merchant," and under that, "Thomas Halle, Dealer in Marine Stores"—I went into the shop, and saw Stewardson—I asked him if Mr. Evans was within—he said, "No"—I asked him if he represented Mr. Evans—he said, "Yes"—he went into the back-room, and I followed him in—I saw Evans there—I asked him if he had any sacks brought there lately—he said, "No" and he appealed to Stewardson, and asked him if he had seen any brought there lately—Stewardson said, "No"—I then asked if there were any on the premises—Evans said, "No"—I then went down into the cellar, and saw Stewardson and a man not in custody, standing in the cellar close to some baskets—the men went up-stairs, and in a sort of cupboard where these baskets were piled up, I found one sack containing twenty sacks—eighteen of them are marked "T. Denny," and three of them "Johnson, Whitechapel"—I called another officer, and we found some sacks cut up—we then took the prisoners to the station.
Cross-examined by MR. CLARKSON. Q. Was Hawthorn the man who communicated with you? A. No; Evans came from the side of the bed—he told me he was mending it—he was in the bed-room on the same floor.
THOMAS REEVE DENNY . I am a corn-merchant, and live in Upper Ground-street, Blackfriars. I have examined these sacks; these eighteen are mine; I know them by the marks—they are worth 1s. 3d. each—the prisoners had no authority to take them.
Cross-examined. Q. You carry on a large business? A. I do not know that it is very large; we send out 4,000 or 5,000 quarters of corn in a year, in about 8,000 or 10,000 sacks—we have only one cart going; we have not many sacks out at one time—we have now about 100 quarters out from home—we do not lend sacks—I cannot tell when these eighteen sacks were on our premises; some of them are seven years old, some are two or three years, and some were new last year.
JAMES HAWTHORN . I am in the employ of Harvey and Son, of St. Paul's Churchyard. Between seven and eight o'clock, on Monday evening, 10th June, I and another man were on St. Andrew's-hill—I saw a cart, and a sack was taken out of it, by two men named Monk and Adams—they went down the Hill to Green Dragon-court, which is opposite Halle's rag-shop, and one man took it across, but I cannot say which—I know the men by sight—I never worked with them—I did not see the prisoners.
Cross-examined. Q. Were not Monk and Adams taken into custody? A. I believe they were—I understand the Magistrate discharged them—I am anything; I work for my living—I can prove I was not turned out of the police—I was not detected plundering in the Docks—I was in the police about four months, and I resigned—when I was in the police I got 15s. 8d. a week—when I got out of the police I went to work—sometimes I work for my father, who is a turner—I left my father's work to go into the police, and I left that to go to trade again.
NOT GUILTY .
(There was another indictment against the prisoners, on which no evidence was offered.
MR. ROBINSON conducted the Prosecution.
DR. EDWARD JOHN TILT . I now live at 10, York-street, Portman-square; I did live in Gloucester-row, in the parish of Paddington; I removed about three months ago. The prisoner was in my service—I think in March she went into the country with her mistress—I have a sister who left some boxes with me, and two carpet-bags—I have no doubt the boxes were fastened—I did not go to look at them—I do not know what was in them—in consequence of information from a policeman, I went and looked at the boxes—they seemed to be placed as they ought to be, but when we took away the covering which covered all the boxes, we found the deal boxes had been broken open, and the more solid boxes had had their locks wrenched off, and then clumsily fastened on—the boxes were not full, and the things that were in them were turned topsy-turvey, not as they would be packed up—the prisoner had been my cook, and Macklin was in my service.
Cross-examined by MR. PAYNE. Q. When did Brown come into your service? A. Three months before I left Gloucester-row—my wife went for her character to the lady with whom she had been residing last, but I knew that she had lived with Dr. Johnson for seven years—she left me because I had no further need of her services.
MARY MACKLIN . I was in the service of Dr. Tilt, both in Gloucester-row and in York-street. I recollect the boxes; they were in a top room in Gloucester-row, and they were brought down into the kitchen in York-street—I know the prisoner—I recollect when they were in Gloucester-row, at the latter end of Feb. or in March, it was before I went out of town, one of the boxes was opened at the back by me and the prisoner—I believe it was the prisoner said that we had such small wages that she did not see why we should not have something out of them—her wages were 9l. a year—we raised the box-lid up at the back with a nail—it was a very thin deal box—I believe it was nailed down, or fastened with a wire—we took three cameo stones out of it—this is the one of them that I had (looking at it)—the others were of the same character as this, but I suppose they were better; there was more workmanship in them—the prisoner took them and brought them into the kitchen, and after that they were taken up-stairs—I have not seen them since—that was all we took out of that box—there was another box opened by both of us; it was not broken—the four nails were raised with a hammer—there was a Roman scarf taken from that; this is not it—this is a worsted scarf that I took out of the second box—I had this one—we were together when we took them—there was some linen taken from the second box; I do not know how many yards; I think it was a piece—this is it—I was taken into custody on 6th June—I pawned the linen and the shawl, and gave the prisoner the duplicate—she said, as I could make no use of the linen, she would have the ticket of it—I pawned them at one place, in the Edgware-road; I do not know the name of the person; I believe it was Smith.
ELIZA PRICE . I am searcher at the Smithfleld police-station. The prisoner was brought there, and I searched her—I found on her 1l. 13s.—she asked me how the robbery was found out—I told her I did not know, but I understood she had a fellow-servant whose brother was in the habit of visiting her there—she said, "Yes, I had; but you don't mean to say that he has split upon us?"—she said the doctor had become reduced in his circumstances, and had disposed of his horses and carriage, and it behoved every person to look to themselves; that she said to her mistress, she supposed she would not
require so many servants, and she said, "No, cook, I shall have to dispense with you."
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
DR. EDWARD JOHN TILT . I reside in York-street, Portman-square, in the parish of Marylebone. Mary Macklin was in my service—I knew she had a brother, but I never knew of his coming to my house—I had these boxes, and I found they were broken open—as to being reduced in my circumstances, the statement is completely erroneous—I was obliged to leave my former residence; and if I sold my carriage and horses, it was because I found it more convenient to job—my business has increased.
WILLIAM NEWCOMB . I am assistant to Mr. Martin, of Snow-hill, a pawn-broker. Mrs. Paul came to our shop on 30th May, with these two gravy-spoons—I should have advanced her 15s. on them—she then produced this negligee-chain; and in consequence of the amount she asked on it, I spoke to my master—from the value of the property, I thought it was not hers—I told her I should retain the chain, and she went away—shortly afterwards, about a quarter before two o'clock, the prisoner Macklin came—he said, "There has been some property stopped which was brought by Mrs. Paul"—I said, "Yes," and I asked him who he was—he said his name was Macklin, and this property was entrusted to him by Mrs. Paul's sister, to get an advance on it—I said, "Who is she?"—he said she was the wife of a lawyer, Mr. Chapman; his office was at 96, Gray's-inn-lane, and his residence was 47, London-road; and his own residence was 40, Edward-street, King's-cross—I fetched an officer, and he was given into custody.
LEONARD MULLINEUX (City policeman., 293) I took Macklin—I went to Gray's-inn-lane and London-road, and found no such person as Mr. Chapman known there—I found on Macklin a pair of ladies' gloves, and a pawnbroker's ticket for a gown—I have ascertained that the value of this negligee is twenty guineas—it is Indian manufacture—on 4th June the prisoner Osborne came to Guildhall, and made a statement before Mr. Alderman Challis, which was taken down.
MARY MACKLIN . I was in the service of Dr. Tilt. The prisoner Macklin is my brother—this negligee chain was in the box, at Dr. Tilt's, in which the linen was that the cook and I took out—I do not know who took this chain out—it was taken out in York-street—the cook was not there—I did not take it out—I did not see it taken out—I did not see it again till it was at Guildhall—when it was produced to me, I said it was a chain that was in the box—I had seen it in the box at the time we opened it—I know these spoons—I saw them taken out of the box—I believe they were taken out by my brother—Osborne was present in the kitchen—they were both standing together—it is a very small kitchen—I should think Osborne was half a yard from the box—he could see what the other prisoner was doing—the chain was not visible then—the chain and the spoons were taken together—I saw the spoons taken, but not the chain—the chain was still in the box when the spoons had been taken—I never heard my brother say anything about the gold chain—this was about 30th May—they were taken out the same day that my brother was taken prisoner.
COURT. Q. Was no observation made upon the gold chain when they were taking the spoons? A. No, not a sentence passed—it was about eleven o'clock in the morning—there was no one present but the two prisoners and me—I know Mrs. Paul; she is an acquaintance of my brother's.
Cross-examined by MR. BIRNIE. Q. You saw the spoons taken? A. Yes—I saw my brother take them out, but I did not see him take the chain—if I have stated that I did, it is incorrect—Osborne came into the service on the 21st, and I went on the 19th—I think I am in the family way—Osborne is the father of my child—I have never said to any one that I would do everything in my power to get Osborne off—my brother was not present when we opened the first box; he was when we opened the last, he raised the four nails—my brother took the things to Mrs. Paul's—Osborne went with him—I was in the kitchen—my brother could easily take out this chain unknown to me—I was not standing by him, I was making my master's shirts—I was not assisting to break open the box—I did not touch the box.
SUSANNAH PAUL . I am married. I know the prisoner Macklin by his being acquainted with my husband—on 30th May, he came into my place, about five minutes past one o'clock—he asked me if I could go on an errand for him to pawn these things—I said I did not altogether like going—he said I should do him a great service that he was sent by a person who went by the name of Chapman, but her proper name is Hammond—he asked me to go to Martin's, and to ask 15s. on the spoons—he said they had been in pawn before for 16s., and to get as much as I could on the chain—he said he did not know whether it was gold or no—he asked me to go, because I was known at Martin's—he said I might as well go, and said the chain belonged to Mrs. Chapman—he was alone—there was no one there but me and my little child—he did not come with anybody—he never brought a soul into my place—I left him in charge of my little child while I went to the pawnbroker's—some demur was made, and I went and fetched Macklin—I told him I though they suspected something was wrong—he came at once, and I followed him with my little child.
Cross-examined. Q. Had you seen this Mrs. Chapman? A. Yes; Hammond, I believe, is her proper name—I hope I am a respectable married woman—my lawful husband's name is John Paul.
Q. Not Collins? A. Yes, John Collins; I beg your pardon—I have been separated from him better than four years.
COURT. Q. Why do you go by the name of Paul? A. Because I have been living with John Paul these four years; he is not my husband—my husband is living with another woman.
GEORGE WARDLE (City-policeman, 221). I went to Dr. Tilt's, and examined the boxes—I found they had been broken open, and their contents were in a disorderly state—I saw Mary Macklin there, and she made a statement to me.
Cross-examined by MR. O'BRIEN. Q. Did you hear him sworn? A. No, I did not—I was there when he was giving his statement, not when he came into Court—he was standing in front of the dock—it is a place kept perfectly open—I was not there all the time—Mr. Wood took down what he said.
MR. ROBINSON. Q. What did he say? A. That Dr. Tilt had recommended him a situation down at Bayswater, and when he was going he picked up a brown paper parcel, and found in it the two spoons, and the negligee✗ and kept them in his possession above a fortnight, and as he did not find any owner, he gave them to Macklin to pawn—Alderman Challis remanded him till the next hearing—he was to find two sureties, and not finding them, he was locked up ever since.
DR. TILT re-examined. Osborne left me about two months before May—I had given him a recommendation. (Osborne received a good character.)
Aged 26.— Transported for Ten Years.
Aged 22.— Confined Nine Months.
There was another indictment against Macklin, on which no evidence was offered.
THIRD COURT.—Thursday, 11th July, 1850.
PRESENT—SIR CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. WILLIAM
HUNTER; Mr. Ald. MOON; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
1311. THOMAS FLIDGER , stealing 1 handkerchief, value 2s.; the goods of Henry Blackett, from his person; having been before convicted: to which he pleaded GUILTY .** Aged 17.— Transported for Seven Years.
1312. WILLIAM BIGNELL and JOHN BROWN , stealing 3 shirts, 1 pair of drawers, and other articles, value 13s. 6d.; the goods of Edward Emmerson: and 1 waistcoat, 2 jackets, 3 shirts, and other articles, value 2l. 18s.; the goods of Thomas Bale Dixon, in a vessel on the Thames.
EDWARD EMMERSON . I am a seaman of the brig Mina, lying in the Thames. On the morning of 8th July I had been on shore, I returned to the ship, and found Bignell against the rail, and Brown lying under the wind-lass, about two yards from him—this bag (produced) was lying alongside of them—I took them ashore to the station—the bag contained my drawers, flannel shirt, handkerchief, stockings, and scarf (produced)—they are all marked—I had seen them safe at half-past seven the night before—the prisoners had nothing to do with the ship.
BIGNELL— GUILTY .** Aged 22. BROWN— GUILTY .** Aged 18.—
Confined Twelve Months.
MR. O'BRIEN conducted the Prosecution.
GEORGE HAILEY . I have one partner, and carry on business at 66, Farringdon-market. On 5th June, about a quarter-past four o'clock, I heard a noise in my shop, went out and saw the prisoner just turning to leave the shop—the moment he saw me he began to run, I pursued him, and about fifty yards from the shop he threw down my cash-box—I did not see him again till 2nd July—I have no doubt he is the person—one compartment of the cash box had gold in it, and the other silver to the amount of 2l. 12s. 8d.—when it was found the gold was gone.
THOMAS CUTHBERT . I am a porter, in Farringdon Market. On 5th June, about a quarter-past four o'clock, I heard Mr. Hailey call out, "Stop thief!" and saw the prisoner running—I ran after him, and saw him drop
the cash box—I had seen him several times before, in the market—I described him to the policeman.
WILLIAM DAVIS . I am a potato-salesman in the market, and have known the prisoner seven or eight years—his features are well known to me. On 5th June I saw him running in the market with something in his hand—I heard Mr. Hailey crying, "Stop thief!"—I followed him to Plumtree-court, where he escaped—I have no doubt he is the man.
JOHN AYLIFFE (policeman, A 523). In consequence of information I received on 6th June I looked after the prisoner, and on 2nd July I found him in Benjamin-court, Field-lane—I told him the charge—he said he would take three drags for it—a drag is three months—I found twelve silk handkerchiefs in his lodgings.
GUILTY .** Aged 17.— Confined Twelve Months.
CHARLES BROWN . I sell beer, in Greenhill-rents—this flattened pint pot (produced) is mine, it was not flattened when I lost it—it has my name on it—I cannot say when I lost it; I have lost so many since Christmas—it has been made since Christmas.
JOHN PORTER (policeman, G 101). On Saturday night, 18th June, about nine o'clock, I saw the prisoner coming down Snow-hill, with something bulky under his coat—I asked what he had got—he first said, "Nothing;" then he said bread that a boy gave him up the street—I made him show me, and it was two pewter pots—I said, "Do you call this bread?"—he said, "A boy gave them me"—on the way to the station he said a man gave them him.
Prisoner. Q. Did I not offer to show you the man? A. When we got nearly to the station, you said you were carrying them for a man, and wanted to go back; I would not allow you.
The prisoner in a written defence, stating that the pots were given him by a man who stated he had been in the army, and that he had himself been nineteen years in the 64th Regiment, and was discharged with a good character.
GUILTY on 2nd Count. Aged 40.— Confined Six Months.
(There were two other indictments against the prisoner for pot stealing.)
1315. HENRY CRAVEN , stealing 1 basket, 1 saw, 1 pair of pincers, and 1 spike bit, value 4s. 6d.; the goods of George Barker: 1 hammer, plane, and file, 3s. 4d.; the goods of Henry Beal: 1 plane, axe, and hammer, 6s. 6d.; the goods of James Brown: and 1 basket, 1 oil-stone, and 1 plane, and other tools, 13s. 6d.; the goods of Alfred Charles Parker.
JAMES BARHAM (City-policeman, 557). On Monday, 3rd June, about a quarter before five o'clock in the morning, I saw the prisoner in a place in Thames-street, where there was building going on—there were two baskets standing by his side, one containing carpenters' tools, and the other scaffold ropes, and workmens' jackets—I asked him what he was doing there—he said he had come to work, and had brought the tools for the men—I asked him what time the men were coming—he said half-past five—he asked me if there was a public-house open—I told him there was one in Billingsgate Market—he did not go there, but walked with me through King's-head-court, into Fish-street-hill, leaving the baskets where I first saw them—he stood on Fish-street-hill, at the mouth of the court five minutes—I left him there, went round my beat, and when I came back to the buildings in six or seven minutes, he was gone, and the baskets also.
Cross-examined by MR. MEW. Q. When did you take him into custody? A. A month and three days after—he had broken his leg, and could not be removed from the hospital—I have heard that he broke his leg on the afternoon of the same day, 3rd June—I made inquiry for him as soon as I went off duty, at half-past six—I went to a man's lodging of the name of Craven, in a court in Barbican—I cannot say whether they were his, because I did not see him—I cannot say whether it was No. 2 or No. 3—I went to two houses—at the second house I went up-stairs, found a woman in bed, and a man standing in the room in his shirt—I cannot say who that man was; it was not the prisoner, I swear that—I went to that house, because I heard that a person named Craven lived there—in consequence of what the man I saw there, and who represented himself to be Craven's brother, told me, I went to 2, Sun-court, Golden-lane—no one belonging to the house left with me—the brother followed after us—I made inquiry there for the prisoner, and waited half an hour to see if he came home.
COURT. Q. You did not see this man at all? A. No, not from the morning till I saw him in the hospital the same evening.
JAMES ANDERSON . At a quarter to five on a Monday morning, about a month before I was before the Magistrate, I met the prisoner at the corner of Fenchurch-street with two carpenter's baskets, such as these produced, one fall of tools, and the other of jackets and ropes—I had never seen him before—he asked me if I wanted a job—I said I did, and he asked me to carry one of the baskets—I carried the one with the ropes and jackets to Tower-hill—we went to a rag-shop opposite St. Katherine's Docks, and waited till past seven, when it was opened; he then went in and sold the rope—I saw him come out again with the basket and jackets, but no rope—we then went round the Commercial-road to all the pawnbrokers' shops, to see if they would take the tools in, but they would not—we then went to a pawnbroker's, at Shadwell, and he came out again without the tools, and a pawn-ticket in his hand—he said he got 3s. 6d. for them; he was sorry he did not ask 5s. for he could have got it—he then took me to Petticoat-lane, and there sold three jackets for 9d.—he then took me to a public-house, got a pint of beer, and gave me 3d. and one of the baskets—I was afterwards selling the basket, and the policeman came and took me for having it.
Cross-examined. Q. What are you? A. Salesman in a shoe shop—I was not in work when this happened—that night I had slept nowhere—I had no one to pay my lodgings—my hair was cut short in the hospital—I have never been in gaol.
HENRY BEALE . I am a carpenter—about a month ago I was at work in Thames-street, and lost a hammer, plane, and file—these are them (picking them out)—I left them in the building on the Saturday night.
Cross-examined. Q. How long have you known the prisoner? A. Three or four years—I never knew anything against him.
Cross-examined. Q. How long have you known the prisoner? A. Three or four years—I never knew anything against him.
Cross-examined. Q. Have you known the prisoner? A. Yes, twelve months—I never heard anything against him.
COURT. Q. Was he at work on the premises? A. Yes, a week before the robbery—he left on account of his work being finished.
MR. MEW called
ANN PAYNTER . I live at 2, Plough-court, Barbican. I sleep on the ground-floor—the prisoner lodges on the first-floor—on 3rd June, a little after seven o'clock, I heard the policemen come through the passage—I did not see them—I heard them go up-stairs, and knock at the prisoner's door—I heard some one get out of bed and open the door—I heard something said, but could not hear what it was—as they came down-stairs, I heard Craven say, "What is the matter?"—I heard his voice—they said they would let him know—he came down-stairs after them—he had not been out before that morning—the door had not been opened, and we had heard him and his wife talking up-stairs—we were up at half-past five, and were busy at needlework—he followed the policemen down the court—I am quite sure he was not out at half-past five—I know his voice very well—the door was shut—it opens with a string—if he had gone out, I should have heard him—he and his wife were talking at half-past five, when my husband, who is a butcher, went out.
JANE PAYNTER . I am last witness's daughter, and sleep in the same room. My father went out that morning at half-past five o'clock—no one went out before that—I was awake, but not up—if any person had gone out, I should have heard them—I have known the prisoner four months, and never heard anything against his character.
COURT. Q. Did you hear the policemen come? A. Yes; there were two voices—they went up-stairs—I heard talking, but I could not hear what was said—I heard the two policemen and the prisoner all go away together, about half-past seven o'clock.
ELLEN KENNY . I live at 7, Sun-court, Golden-lane. On 3rd June, between seven and eight o'clock, some policemen and the prisoner came to the bottom of my stairs, and the prisoner halloed out, "Is my brother here?"—I said, "No, he is gone to work"—he said, "Here are two policemen after him, I do not know what he has been up to"—the policemen asked if the missus was up—I said no, but they were welcome to come in—the prisoner's brother does lodge with me—they came in, and I told them he had gone to work—the prisoner was in the room, by their side—one of the policemen asked me if I knew where he was at work—I said, "No"—he said he would find him—he is a bricklayer's labourer—the prisoner was there all the time.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
MARY ANN WILLIAMS (in custody.) I have been living with the prisoner under the name of Mary Ann Castell, but am not married. I became acquainted with him last March, and lived with him till he was taken—I did not know where he was employed till the day he was taken—while I was living with him, he gave me a scarf shawl, and a plaid shawl—this is the first he gave me
(produced)—he brought it to my place, and I went with him to Mr. Dempster's, in Union-street—he stood outside while I pledged it for 10s.—I pledged it in the name of Price—I gave him the money and the ticket—he gave me the ticket back, and told me when the shawl was got out, it should be mine—I do not know whether there was any mark on it—it was quite new—he brought it home one Saturday night in April, between nine and ten o'clock, and we pledged it the same night—I kept the ticket, it is the same the policeman has.
COURT. Q. Have you just come from the prison? A. Yes; there is no charge against me about this shawl, that I am aware of—I am charged with pledging some things from the lodgings.
GEORGE FREDERICK BARBER . I am in partnership with Joseph Smith and several others, at 31, St. Martin's-le-Grand. I found this shawl at Mr. Dempster's, by the ticket the policeman has—I cannot positively say I had seen that shawl before, but we had the whole of that pattern, it has never been sold by any other house—we have sold several of them—I cannot tell how many—it must have come from our warehouse—it is worth 16s. 9d.—the prisoner was in our employ as entering-man, and had access to where the shawls were.
COURT. Q. How do you know you had the whole of that pattern? A. I was assured so by the parties I bought them of, and I am quite satisfied in my own mind of it.
WILLIAM HENRY BARNELL . I am assistant to Mr. Dempster, of 160, Union-street, Borough. I produce a shawl pledged by a female, in the name of Ann Price, on 20th April, for 10s.—the ticket produced by Elsbury corresponds with the one I hold for it.
SAMUEL ELSBURY (policeman, M 10). On 17th June I took Mary Ann Castell—I searched her lodging, and found this ticket, from which I found the shawl at Mr. Dempster's—there were a great many more duplicates relating to shawls.
MR. BARBER re-examined. I have known the prisoner between sixteen and seventeen years, and this is the first dishonest action I have known him to commit—I found a great number of shawls, which no doubt belong to us, but which I cannot identify—there were two pledged at the same place as this by the same party.
NOT GUILTY .
MARGARET BRIGGS . I am the wife of Charles Briggs, and live at 8, St. George's-place. I let the prisoner some lodgings in our house on Saturday, 29th June—he lodged and slept there on 29th and 30th, in the same room as a man named Shearwood—on Monday morning, after Mr. Shearwood went out, I heard a footstep go down to the kitchen—I got up, went down, and saw the prisoner there searching a box—it was dark—I opened the shutter, and he stood amazed and very frightened by the side of me—I asked why he was there—he said he wanted to wash himself—that was not the place to wash, and I showed him where—in about five minutes he came back for a key he had left—I said I did not think there was such a thing, and would not allow him to go in—he came home again about four o'clock, and went to his room—that was the same room as Mr. Shearwood's
—he went out again—I went into the room five minutes after and missed the trowsers, which I had seen lying in a chair five minutes before he came in—no one had been in the room—there was no one in the house but myself.
WILLIAM EZEKIEL SHEARWOOD . On 29th and 30th I lodged with the prisoner at Mrs. Briggs'—on the Monday morning I left about half-past five o'clock, and left my trowsers on a chair—I missed them when I returned at half-past six in the evening, and have not seen them since.
JOHN CLARK (policeman, B 104). I took the prisoner on 2nd July, and told him the charge, he said we could not prosecute him unless we found the property—he said he lived at the Model lodging-house, St. Peter-street, Westminster.
Prisoner's Defence. I never saw the trowsers; Mrs. Briggs was standing at the door when I came out.
GUILTY . Aged 34.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
GUILTY . Aged 1l.— Confined One Month.
NOT GUILTY .
1320. JOHN THOMAS SIBREE , and ANDREW CHURCHMAN , unlawfully forging a character-paper, with intent to deceive Henry Ansell: to which CHURCHMAN pleaded GUILTY .—He received a good character.— Confined Fourteen Days
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
HENRY ANSELL . I am Inspector-general of the Water-guard of the Customs of the port of London—there is a class of watermen occasionally employed called glut watermen—they are supernumeraries—this paper came to the Custom-house as an application from the person whose name is to it, to become a glut-waterman—(This paper commenced, "We the undersigned W—Smart, timber-merchant, York-road, Lambeth; N—Rolls, lighter-man, publican, Old Barge-house, Christchurch, hereby certify that we have known J. T. Sibree, who has been nominated as glut-waterman of the Customs in the port of London, for the last ten years," and certified his good character and conduct, it was signed as follows: "SMART—ROLLS: Witness to the signature of MR. SMART—ANDREW CHURCHMAN: Witness to the signature of MR. ROLLS—P. GIBBS: 2nd May, 1850.")
or 7th May, with the "Report of the Surveyor of the River" on it—no appointment was made upon it.
Cross-examined by MR. RIBTON. Q. When did you receive this? A. On 6th or 7th May; the original application was received on 1st Jan., and this certificate of character was issued from the office on that.
GEORGE FREDERICK SCHILLING . On 2nd May, I issued this paper, called a character paper, in blank to Sibree—I wrote in pencil where the names of the parties to whom he referred, were to be placed—he brought it back himself in a few hours, filled up as it is now—I delivered it to Mr. Harding in the same state.
Cross-examined. Q. What are the signatures? A. Smart and Rolls, without any Christian names—I gave it to Mr. Harding—there being no Christian names induced me to make inquiries.
JAMES SLOANE . I am a tide-surveyor in the Customs. I received this paper from Mr. Harding in the first week in May, with directions to inquire about it—I went to York-road, Lambeth, inquired after a person named Smart, who is here, and showed him the paper—I then went to the Old Barge-house, kept by Rolls, who is here—I returned the paper to Mr. Ansell.
EDWARD GEORGE WEALE . I am a superintendent locker of the Customs. In consequence of directions, on 20th May I made inquiries respecting this character paper—I found Churchman at the Swan, at the foot of Westminster-bridge—I showed him the paper, and asked him if the signature "Church-man" was his writing—he said, "Yes," he was aware he had done wrong, he did not know it at the time—while we were talking, Sibree came in, and Churchman said, "You have got me into a nice mess, here is a gentleman come to inquire about the paper I signed for you"—I then showed Sibree the paper—he said he did not think there was any harm in it, he had filled it up himself—I said, "Do you mean the whole of it?"—he said, "Yes, the whole of it"—I pointed out the signatures to him—he said they were his writing, that Smart was his landlord, he thought there was no harm in putting it—he did not know his Christian name, he believed it to be "William"—I called his attention to the signature of "Gibbs"—he said he did not know what his Christian name was, but he believed it begun with "P."
Cross-examined. Q. How do you generally sign your name? A. Sometimes "G. Smart," sometimes "Geo.," and sometimes in full, never as a Peer does—I am Sibree's landlord, and have known him nine months—I always found him honest—if he had asked me to sign this paper, I think I should have refused, I do not know sufficient of him.
Cross-examined. Q. How do you generally sign? A. "Nathaniel;" I have known Sibree all his life, twenty years or so—if he had come to me, I would willingly have signed the paper—he is a very respectable man—there is not a blemish on his character.
SIBREE— GUILTY.—Strongly recommended to mercy by the Jury.
Confined One Month.
(Three other witnesses deposed to Sibree's good character.)
GUILTY on 3rd Count. Aged 19.— Confined Nine Months.
1322. CHARLES RADFORD , feloniously forging and uttering a receipt for 17s. 10 1/2d., with intent to defraud James Holmes: also, embezzling and stealing 12s. 1d.: also, stealing 17 shillings, 1 sixpence, 4 pence, and 1 half-penny; the moneys of Mary Hood, his mistress: to all which he pleaded
GUILTY . Aged 18.— Confined Twelve Months.
LAWRENCE pleaded GUILTY . Aged 25.—He received a good character, and was recommended to mercy by the Prosecutrix— Confined Eighteen Months
MARY ANN SNOWDEN . I have been a widow five weeks, and am the only executor of my husband; I live in the parish of St. Dunstan's, Stepney; the house is my dwelling-house. On Thursday morning, 27th June, I missed my watch and chain from the looking-glass in the first-floor back-room—I had seen it safe on the Wednesday morning—on the Wednesday afternoon, about four o'clock, the prisoner Lawrence came—my boy called me into the shop where he was—I did not know him, and he said, "How do you do, Mrs. Snowden?"—I then found I had known him five years before, and asked him to stop tea—we had tea in the parlour at the side of the shop, and I went backwards and forwards into the shop—Miss Hall was in the room with us, and when I went out of the room I left her with Lawrence—he said it looked a large house, and asked me how many rooms I had—I said I had only four up-stairs, and told him if he would wait till the shopman came in I would show him over it—he waited, and I did so—I was with him all the time—I did not notice my watch and chain then—he left at about a quarter to seven, and next morning I missed them—I went to his house, but could not find him, and he came to me late in the evening, and said I had been to his house breaking his wife's heart, and that I had been suspecting him wrongfully—I told him I had not charged him, I only suspected him, as no one else had been through the house—he advised me to go to the station—I went to Arbour-square—I went to his house next morning, and he took me to a house in Newington-causeway, where there was a sick man lying, and he told me that was the man be had sold my watch to—I called again at the same place, and saw Mary Dunn, who took me to a public-house, where I paid 3l., and got my watch—this is it (produced)—I think it cost 9l.
MARY HALL . I reside with Mrs. Snowden. I recollect Lawrence coming and taking tea there—I remained in the room while Mrs. Snowden went into the shop—while she was gone, Lawrence went out of the room and came back again, twice.
BENJAMIN RUCK . I was at the Elephant and Castle, and saw Lawrence dealing with Jones, with a chain—Lawrence asked Jones if it was gold—he did not make any answer, but asked what he wanted for it, and Lawrence said 10s.—Jones then went to a tobacconist's shop, brought out four half-crowns, gave them to Lawrence, and Jones put the chain into his pocket—I have seen Jones before, and know him by sight—I am quite sure he is the person.
Cross-examined by MR. METCALFE. Q. Do you know Lawrence? A. Yes; I have known him two or three years, and have associated with him
perhaps two or three times a week—I was with him when the policeman took him, and went to see him at the station afterwards—I am a painter, and live at Wyndham-road, Camberwell—I have not had any work the last fortnight, because I have been ill—I have never been before a Magistrate in my life—both the prisoners were taken into custody twice, and were taken both times before the same Magistrate—they were discharged the first time—I was there at the first examination—I did not state anything about what I have now; I was not called—I did not say a word to anybody—the policemen were there.
CHARLES MILLS (policeman,. N 306) I went with Mrs. Snowden to Lawrence's—we did not find him—we went again next morning—I had some conversation with Lawrence, and afterwards went with him and Mrs. Snowden to a house in Morton-street, Newington-causeway, and saw a sick man there—some conversation took place between him, Mrs. Snowden, and me, about the watch, and I went the same evening with Copping, a brother constable, to Jones's house—we found him—I asked him if his name was Nathan Jones—he said "Yes"—I told him we were two policemen, and called respecting his buying a gold chain or guard of Charles Lawrence, on Wednesday evening—he said he did not know such a person—I described him to him, and he then said he did know his father, "He is a leather-dresser, and lives in Cross-street, or place"—I asked him to accompany me to Lawrence's—we went, and he was not at home—we afterwards saw him the same day, and I asked Lawrence if Jones was the man he sold the chain to—he said he was—Jones said, "What me! I never saw you at that time: I have not seen you for some time"—Lawrence said, "Don't you recollect when we had a pint of beer together?"—Jones said he did not know anything about it, he must have made a mistake—Jones was discharged on the first examination, and afterwards retaken—I then found Ruck, took him to Jones, and asked Ruck if Jones was the man that bought the chain—he said he was—Jones said "You have made a mistake; it was not me; I did not buy it; I do not know anything about it."
Cross-examined. Q. Has not Jones always denied any knowledge of this transaction? A. Yes; I have made inquiry in his neighbourhood, and find him to bear a very respectable character—I asked Lawrence if Ruck was with him when he sold the chain—he said he was not—I saw Ruck at the police-office when the first examination was going on, nothing was then said about what be has now stated.
JONES— NOT GUILTY .
HATTILL RICHARD CHECKLEY . I live at Stanwell, and have a form there. I had 110 lambs and some sheep in a field there—one of the lambs was of a different breed to the others—I saw that safe on the Friday, and missed it next Sunday morning—I spoke to a policeman about it, and on the Tuesday went with Regarlsford to the prisoner's house, and was shown the skin and part of the meat of the lamb—I am certain it was my lamb—this is part of the skin (produced.)
ROBERT HENRY REGARLSFORD (policeman, T 26). I went with Gifford to the prisoner's house, and found in a pot on the fire, part of the neck of a lamb—in the bedroom I found the shoulders and legs, and in the dust-hole a quantity of blood—we found the skin under the stairs—I apprehended the prisoner on his way home from work—I told him what it was for—he said he knew nothing about it.
the skin—I was with him when he apprehended the prisoner—he said he knew nothing about it—he afterwards said he found the lamb on the road.
GUILTY . Aged 49.— Confined Eighteen Months.
OLD COURT.—Friday, July 12th, 1850.
PRESENT—MR. Baron ALDERSON; Mr. Justice PATTESON; Mr. Justice TALFOURD; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. SALOMONS.
Before Mr. Baron Alderson and the First Jury.
1325. DANIEL BLACKSTAFF DONOVAN , feloniously assaulting Ann Donovan, and forcing her out of a window, causing her an injury dangerous to life, with intent to murder her:—3rd COUNT, with intent to do her some grievous bodily harm.
MESSRS. BODKIN and CLERK conducted the Prosecution.
MARY ANN BURKE . I live in King-street, Drury-lane. On 27th April I lived at 19, Short's-gardens, Drury-lane, on the second-floor back, in the same room with the prisoner and his wife—they had three children living in the room—the wife's name is Ann—on Sunday, 28th April, I went home, about a quarter to one o'clock in the morning, and found the prisoner, his wife, and a little boy, in the room—the prisoner was sitting in a chair, and she was standing in the room—they were quarrelling—I understood they had been drinking together—they were drunk, but he was the most so—I said to her, "Let him go to bed; have no words with him; you know what an awful temper he is"—she went to make the bed, and made him some improper answer—he got over a chair, and struck her with his fist on the side of the head, as she was making the bed—she fell on her side—he kicked her several times, when she was down, in the side and back—he continued beating her half an hour before 1 left the room; she called out, "Save me! do save me, Mary!" I said, "Mr. Donovan, pray don't hit her any more; consider what hour of the morning this is!"—he said, "Keep out from me, I will serve you the same;" and pushed me aside—she kept crying out, "Oh don't, Dan, pray don't hit me any more!"—and the more she begged of him, the worse he hit her—I went out of the room for a policeman, but went some distance before I could find one—I returned in about twenty minutes, and found she had been thrown out at the window, and taken to the hospital—I saw a great quantity of blood in the yard, and on the floor of the room.
Prisoner. Q. Are you and Mrs. Donovan in the habit of getting drunk together? A. Very seldom—Mrs. Donovan did not allow me and a man named Yorkie to cohabit in the room, in the presence of your children—he never slept in the room—I only know him by sight—I sell things in the street—your wife tore your shirt while you were beating her—I have been supported by the police since you have been in prison—I went down-stairs first, the little girl Catherine came down behind me—there is a seat to the window—there is a cupboard at the room-door which prevents persons at the door from seeing the window.
COURT. Q. Did Catherine Donovan leave the room at the same time as
you? A. Almost; when I got to the first-floor, she was on the staircase, and when I was at the door she was in the passage—it was dark—when I came back she had gone with her mother to the hospital.
JAMES DONOVAN . I am eight years old. I remember some policemen coming on a Saturday night, and taking my mother to the hospital—I was sitting up in the room, and my father and mother came home—they quarrelled, and he said, "If you give me any more words I will cut your jaw"—my mother was making the bed; it was on the floor, and he broke the leg of a chair by beating it round my mother's back six or seven times—she said, "Pray let go me," but he did not stop—when the leg came off the chair, he took it and beat her on the side—Mary Burke and my sister came in together, before the chair was broken, and my sister said to my father, "If you leave go of my mother I will give you a quarter of an ounce of tobacco in the morning," and he gave my sister a punch with his hand—my sister and Mary Burke went down together—my mother then said to me, "Show me the stairs"—my father was then looking for the pound weight, and he sent me down for a three-farthing candle—he asked me for the weight and the poker, and I would not give them to him—my mother went to the stairs—he said, "Come in," and she came in—she thought he was going to let her be, but he locked the door at the top, where I could not reach it, and then beat her with the leg of the chair, and held her down, and punched her with his hand—she was lying by the cupboard, and he took her to the window; she did not go there of herself—he opened it; it draws in like a door—she said nothing, but I saw blood on her face—he put her on the ledge, and then chucked her out; she fell into the court below—he then put on a clean shirt, dressed himself, and told me to lie down and go to sleep, and then a policeman came and took him—I am sure my mother did not jump out; he lifted her on the ledge, and she held by the ledge—he said to me, "If you tell I chucked her out I shall beat you, and if you don't pretend to be asleep I shall beat you"—they were singing when they came home; the window was shut then; it was opened after Burke went out.
Prisoner. Q. Did I hit her with the chair while Burke was there? A. Yes; the policeman has not been talking to me about this—I did not say at the station that she jumped from the ledge herself; I never told you a false-hood of my mother, that she had gone with another man in the room, nor in Lincoln-court.
MR. BODKIN. Q. Did your father say anything to you at Bow-street? A. He said, "I am free, and don't you tell I chucked her out"—I did say that my mother jumped out, but it was because I was frightened of his beating me.
CATHERINE DONOVAN . I am eleven years old, and am the prisoner's daughter. I came home early one morning, and found my father and mother quarrelling—I sell flowers in the street, and had stopped out late, because I had got no money, and I was afraid to go home—my little brother Jim and Mary Burke were in the room—my father was beating my mother with a chair for about five minutes; it was then broken—I said to my father, "Do lie down, and I will give you some tobacco in the morning"—I went away at the same time as Burke; my mother was then saying, "Give me mercy!"—he said, "All the mercy I will give you is to chuck you out of the window"—he said, "Catherine, give me the poker, and a two-pound weight, and a knife"—my mother was then lying on the floor—I remained in the back yard some time, and went to look for a policeman, but could not see one—I came back into the back yard, and saw my mother being forced out of the
window of the room where I had been—I could see my father's hands towards her; I could see him distinctly; it was a nice moonlight night—he put ber head out of the window first, and then lifted her on the ledge, and gave her a push—she came out face forwards, and fell close to me on the pavement—my father was gone from the window when she fell—I heard no shrieking or calling out at the window; I was on the opposite side of the court, looking up at the window, which was about half the size of these, it is a lattice—I saw my father at the station—he said, "Don't you think to hurt me, because you know I am innocent"—I had said, "You know you did push her out."
Prisoner. Q. Did you ever tell a lie to me of your mother, by saying she had a man in the room? A. Never; I do not recollect my mother, Mary Burke, and Yorkie, drinking together for a day or two—a policeman has not told me to say these things, nor has Burke—I swear I saw you behind my mother when she was coming out; I saw your face as plainly as I can now—my mother was not able to speak to me when she fell; she was not much in liquor; you knew what you were at.
JOHN CALVERT . I am a cutler, and live in the neighbourhood of Drury-lane. On a Sunday morning, about a quarter-past four o'clock, Catharine Donovan said something to me, and I went into the yard behind No. 19, and found a woman lying on the flag stones under the back window, on her right side, with her right arm and leg bent under her—she told me, in a very faint tone, that Dan Donovan had done it—I left some people with her, and went up to the prisoner's room—I paused on the landing, and heard him threatening his little boy—he said, "Jimmy!" the boy said, "Father"—he said, "If you don't say your mother jumped out of the window I will cut your a—"—he threatened him twice in the same way—I then went in, and found him standing in the middle of the floor, and the boy sitting on the bed beside him—I said, "Donovan, if you are any sort of a man, come and assist me with your wife to the hospital"—he said, "No; let her go to h—and be b—, for I won't go"—I went out on the landing, and after his threatening the boy several times, and putting the candle out, three or four policemen came, and he was taken—I went down, and his wife was then on the way to the hospital—they had a hard matter to get him away from the boy—he said he would cut his b—a—and shook his fist at him, to keep the boy in fear—at the station the prisoner shook his fist at his daughter, and muttered something, which I could not hear—he called her a young cat, and said it was all through her he was brought there.
Prisoner. Q. When you asked me to assist, was not what I said, "No, I won't, for she threw herself out?" A. No; I never was in the House of Correction—I am not a hawker—I have been discharged from my situation, not for felony, but because there was not employment for me—I have not said I would have nothing to do with this unless I was paid for it.
COURT. Q. Did you hear the boy say anything at the station? A. Yes; he first said his mother threw herself out, but he was frightened; and after the inspector and sergeant had spoken to him, he said that she went to the window to call for assistance, and the prisoner caught hold of her and threw her out.
WILLIAM MAYES (police-sergeant.) On 28th April I saw the prisoner in custody at Bow-street, and heard him say, "James Donovan, stand forward; he is the only one who can speak the truth; he knows all about it"—the boy did not say anything—Catherine was there, and he asked her whether he had thrown her mother out at the window—she said, "Yes, you did"—I went to the house—I saw no blood on the second-floor; I saw blood
in the yard; the place was roughish, it was not all flag—the prisoner was the worse for liquor, but was not very far gone—it was a quarter to two o'clock when I went to the station.
ANN DONOVAN (examined by the prisoner). Q. Did I throw you out of the window? A. I fell out accidentally—you beat me with your fist, but not with the chair—you made an offer to kick at me, but I did not receive it—I do not know anything about the chair—I went to the window to cry for assistance, because you were beating me with your fist—the sill is about as high as from the top of this witness-box to the floor of it—I was leaning out—I cried out for assistance, but nobody came—I once before attempted to jump out of the window in a fit of intoxication—I have done so several times when I was in dread of your ill-usage—I jumped out of a parlour window once—I do not know what I am doing when I am drunk, and I am very sure you do not either—I remember living in Compton-street two or three years back—I know nothing about being drunk for a day or two with Burke and Yorkie—I did allow Yorkie to stop in my room, and you reprimanded me for it—there is a cupboard in our room; when you are at the door it prevents your seeing the window—the children have belied me with respect to Lincoln-court—for the last three or four years you have behaved as a fool to yourself and a bad man to me, in not coming home to your business and your children—you have ill-used me many times—I know no good of Mary Burke's character—she has had a child by a married man—this chair-leg has been broken off four months, you have attempted to repair it.
MR. BODKIN. Q. Had you been drinking a good deal? A. What I had was in company with my husband—I had a little beer, but no spirits—he was more intoxicated than me—I was the worse for drink—I recollect nothing from the time of my fall till ten o'clock next morning—the drink took a great deal of effect upon me—I made my husband some very impertinent answers—if I was sober I should not have said what I did—there were chain in the room—the window was open all the time—I left it open previous to going out in the afternoon.
COURT. Q. Were you examined when you were supposed to be dying at the hospital? A. Yes; I then said I was not sure whether he threw me out, or whether I threw myself out—that is what I say now—I am almost sure I threw myself out—I had not come to my senses properly then.
JOHN WOOD . I am house-surgeon, at King's-college Hospital—on Sunday morning, 28th April, Ann Donovan was brought there insensible—she had two wounds in the forehead—her face was very much swollen and covered with blood, and there was a fracture of the knee-pan—her life was in great danger till the last fortnight—a depressed fracture of the skull on the fore-head was the injury dangerous to life—it might be produced by falling from a window twenty feet high on to flag-stones, if there was any irregularity in the pavement, or it might have been produced by a blow with a hard instrument—there was a wound on the left shoulder, and she complained of considerable pain in the stomach upon pressure, when she came to her senses—that would arise from a kick or a blow—she vomited blood some time after she came to the hospital, which I apprehend was blood which she had swallowed.
Prisoner's Defence. On Saturday, 27th April, about eight o'clock, I went to a gin-shop, with my wife, and a man and his wife; we stopped, drinking, till about ten; we then went to another, where we got nearly intoxicated; then to a third, where we stopped till twelve; we were then both drunk; my wife made use of bad language, but I took no notice, merely requesting her to make the bed; Burke came in, and told my wife to be quiet; she still made
use of filthy expressions; she said her—was her own, and she could do as she liked with it; I pushed her on the bed, and she was so drunk that she fell forwards; she ran at me, and tore my shirt and flannel off my back; I gave her a slap on the face with my open hand, which caused her nose to bleed; she flew into a passion, and said she would give me in charge; the house was under repair, and there was no lock or bolt to the door; I put my back against it; I could not get from her; there is a cupboard close to the door, which forms a passage four feet long, and prevents anybody seeing the window; while I was at the door, my wife threw herself out of the window, unperceived by me; I knew nothing of it till I heard a scream; she has attempted to do so before when drunk; she fears nothing when she is drunk, which she is always when she can procure money to buy gin; this is a made-up thing, to deprive me of my liberty; I have three children depending on me.
GUILTY . Aged 33.— DEATH recorded.
Before Mr. Justice Patteson.
MARY ANN LAMING . I am the mother of Sidney George Laming; he had not been baptized, only registered in that name—it was born on 26th Oct. last—I did not nurse it or suckle it—it went away from me about two hours after its birth—Mrs. Power, a wet-nurse, took it away—she is not here—about six weeks before the child died, I made an agreement with the prisoner for nursing it—I was to pay her 5s. a week—she was to provide food and lodging, and I was to provide clothes—I took it to her myself—it then had a very bad cold, but it was very well besides that—it was not fat—it had not been weaned when it was taken to the prisoner—it had had the cold about two months—I used to see it about twice a week—I thought it got ill the last three weeks—it had never recovered from the cold—it was ruptured, but not very bad—I always saw food for it when I went—the prisoner lodged in George-street—she is a widow—she was recommended to me by a medial gentleman, named Stunt—I saw the child the day before it died—the nurse took it to Dr. Murphy, and to Dr. Dyer, of Marylebone-street—he is not here—Mr. Stunt saw it once or twice—the prisoner applied to me for a calf's teat, and for something which the child was to suck out of a bottle—I paid for it—as far as I know, when I went there, there was food for the child, and it was fed; but it continued with that cold till it died, on 14th June.
ALFRED BARING GARROD . I am physician to the University College Hospital. I saw the child about fifty-four hours after his death—it was not at all decomposed—it was very emaciated, the eyes sunken, and it appeared to have died of a lingering death—I made an internal examination, and found inflammation of the left lung, of about a week or ten days' standing, and the commencement of inflammation in the right lung—it was probably caused by cold—want of food could not cause it—I should say it was the cause of death—if not subdued, it would emaciate the child—there was no fat, the other organs appeared healthy—there was a very small quantity of food in the lower part of the canal—want of food would not create disease there—there was also considerable bronchitis, which might be of many weeks' standing—inflammation of the lungs might be caused without exposure to the air—want of food would render it more susceptible of cold.
GEORGE STUNT . I am a medical student. I recommended the prisoner to the child's mother—the prisoner is a widow—I had attended her daughter—I saw the child about eight days after she had it, it was then in very delicate
health, and emaciated—I saw it about four times in the six weeks she had it—I generally called in once a week, but it was out twice when I called—I did not see it fed, but I saw some food in a saucepan on the fire—I last saw it about ten days before its death, it had got a great deal worse in appearance—Doctor Murphy sent word what he thought necessary for me to give it, which it had—the prisoner was very kind to it, as far as I saw.
MART ANN BANISTER . I lived in the same house as the prisoner. I recollect the child coming, it looked very well then, but not particularly stout—I did not see it very often, the last time was a fortnight before its death—I have seen it suck something through muslin—I saw her press it at the lower part of its body about three weeks before its death, apparently in a fond sort of manner—she had been told not to do it, or she would injure it—she said it would not hurt it, she was ordered to do so—I saw her giving it a glass of milk one day, which ran down the sides of its mouth—she was told to take the glass away, or it would be choked—she said it would not hurt it, for she had got it to kill it, feed it, starve it, or do what she liked with it; she was to kill it if she could—I am sure she said that; and that Mr. Stunt, the gentleman who gave it her to nurse, told her to kill it.
Prisoner. I did not say so; what you have said is all false.
CATHERINE WHITE . I live in the same house as the prisoner. I saw the child two days before it died, it was very ill—when I first saw it, it was very well, but not very fat—I did not see it very often; sometimes she took it out with her, sometimes not—on 28th April, about a week after it came, she asked me to mind it for her; I did so till she came back, which was in about half an hour—on 22nd May I saw her press its chest—the last time I saw it, I offered to put on my bonnet and shawl, and go with it to its mother—she said the mother would have nothing to do with it—I said, then I would go to the parish with it—she told me to go into my own room, and mind my own business—I only saw it fed once, that was with a little biscuit which she took out of her own mouth—before it came, she said Mr. Stunt was going to bring her a baby, and she was to kill it, or starve it, or do what she liked with it.
Prisoner. It is false.
JOHN BELLAMY . I am a shoemaker, of 24, George-street. I did not know the prisoner till 7th April, and I did not see her again till 12th June, when she was at the Serpentine-river, Hyde-park, with the baby and a man named Austin, who lived on the floor under her—I saw her in his room when I went home, the child was in her lap—I saw her give it some cold coffee or tea—she said it was tea, but it looked like coffee; there were about two tea-spoons full in the bottle—I said, "Mrs. Shipley, you are starving that child to death"—she said, "No; you are like the women in the house"—I said, "That is not the right thing to give a child after being five hours in the air"—She turned up its clothes, and said, "This is what is killing this child"—I said, "What?"—she said, "It has been ruptured," and pressed it on the testicle—she said she had half-a-crown's worth of food for it at Mr. Bond's, just below our house—I went there and found it was false—the second morning after the child died, she ran up to me in Union-street, and said, "Mr. Bellamy, thank God the baby is dead"—I said, "Where does the mother live? does she know it is dead?"—she said, "Yes, and she took the last farewell kiss of it at seven o'clock last night"—she wanted me to get a certificate for its burial from a doctor—I said, "Do you mean to conceal the death
from the people of the house?"—she said, "No, but nobody shall know it"—I told the beadle.
WILLIAM AUSTIN . I live in the same house with the prisoner, on the floor under her—I had opportunities of seeing the child every day—I used to carry up her water and wait on her—the child was in a very bad state of health when it first came; it looked as if it had been used very cruelly by the nurse—I saw the prisoner feed it every day with arrow-root and new milk with a bottle—the mother came every week, sometimes twice a week—I went with the prisoner's son three times to a doctor, but he was out—she went once when I was not with her—I once heard her say that Mr. Stunt had ordered her to give it some baked flour, and she gave it, she always did as he told her—I believe she has bad a deal of trouble—she seems rather irritable, but I never saw anything from her but kindness towards the baby.
NOT GUILTY .
Before Mr. Justice Talfourd.
HENRY BROOMFIELD POPE . I live at Hammersmith, and am a carrier—the prisoner was in my occasional employ. On Friday, 15th March, I sent him to Mr. Bell, of Jewry-street, with 11l. 12s. 6d. in sovereigns, half-crown, shillings, and sixpences, which I left out for him—he was to have met one of our carts in the City and returned, but I never saw him again for three months, when I met him and gave him in charge—on the Sunday after he left I received from his brother 14l. 3s. 7d.; there was 9l. 8s. 11d. short of the two parcels.
EMMA POPE . I am the wife of the last witness. By his desire I delivered two parcels of money to the prisoner on 15th March, as my husband left them—I do not know how much they contained; also a parcel, directed to Mr. Skinner—I never saw them again, or the prisoner.
CHARLES JOHN SKINNER . I am a tobacconist, of the Strand. On 15th March, between half-past two and half-past three o'clock, the prisoner brought a brown-paper parcel addressed to me, containing 12l. in sovereigns, half-crowns, shillings, and sixpences—he was not sober—I did not expect to receive any money from Mr. Pope that day—he could give me no account of what he brought it for—I returned it to him, and told him to take it back—it appears it had been sent to me through Mr. Pope by Mrs. Livermore, of Hammersmith, but I was not aware of that.
THOMAS SPRAGG . I am a carrier, of Clapham, and am the prisoner's brother. On 16th March I saw him near St. George's Church, Borough—he gave me 14l. 3s. 7d., and said he had received it from Mr. Pope to pay away in the City, and he had not done so, but had been drinking, and lost the remainder—he told me to give it to Mr. Pope, as he did not like to take it himself.
GUILTY . Aged 29.—Recommended to mercy by the Jury.— Confined
NEW COURT.—Friday, July 12th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the Fifth Jury.
MR. BIRNIE conducted the Prosecution.
GEORGE HARDING PENFOLD (policeman, N 233). On the evening of 23rd June, Smith was given into my custody by Mr. Smith, the landlord of the King's Arms, at Barnsbury-road, Islington, for turning on his brandy tap and wasting his spirits—the prisoners were all three in the house—Cheswell said if I took Smith into custody he would take it up—I got outside with Smith in custody, and saw Ball—Smith struck me and knocked my hat off—I drew my truncheon, and Cheswell seized it, snatched it out of my hand, and struck me a violent blow on the head with it—the blow cut my head open, and Smith and Ball assaulted me—Cheswell ran away; I ran after him, and took him—Ball came, when he saw I was resolute in taking Cheswell, and struck me three violent blows on the nose with his fist, and then Cheswell struck me again with the truncheon on my naked head—I kept hold of Cheswell till some gentlemen came up.
Cross-examined by MR. PARRY. Q. Did you see the brandy turned on? A. No, the tap was stopped before I came—after I took Smith into custody he struck me, and knocked my hat off—I do not know that I did wrong to draw my truncheon; it was given me to protect myself—this was about half-past seven o'clock on Sunday evening—the landlord said there was half a pint of brandy spilled; it was not paid for—the Magistrate ordered the money to be stopped.
JOHN MILBORN . I live in Fetter-lane. On the evening of 23rd June I was in the King's Arms—I saw Smith given into custody by the landlord, for turning the brandy tap—Cheswell said to the officer, "If you take him I shall take it up"—the officer drew his truncheon, and took Smith out of the house—Cheswell and Ball followed, and began punching the officer—Cheswell began first; he laid hold of the officer's staff; the other two in the mean-time were punching him about the head with their fists—Cheswell got the truncheon out of the officer's hand, and struck him on the head with it—his hand was naked—his hat had been knocked off by the other's fists—I saw the blood running down all over his clothes—Cheswell ran away with the staff, and the officer followed him—they all struck the officer several times.
Cross-examined by MR. PAYNE. Q. When were you examined? A. Next day, at the station in Bagnigge-wells-road—I was examined twice—the policeman came to me to give evidence—I am a master boot and shoemaker—I keep a house and a shop—I went into the public-house to get a pint of beer; I was not there three minutes before the assault took place.
Cross-examined by MR. PARRY. Q. Can you tell who struck the first blow? A. No; they all three fell on the officer at once—I have lived five years where I do now—I was ill, and took a walk—I met a friend, and took him in there to give him a drink of beer—I should not have gone in but for him.
JAMES GIBBS (policeman, N 163). I took Cheswell—he said if he liked to resist, two like me should not take him, but he would go quietly—he said he was innocent—I saw Penfold's head; he had a very severe wound; he was obliged to be taken home in a cab—his head, and face, and coat, were all in one mass of blood—the surgeon dressed him—I do not know how many days he was off duty—the doctor is not here.
Cheswell's Defence. I did not intend to do any injury; I was intoxicated at the time.
CHESWELL— GUILTY of an Assault. Aged 22.— Confined One Year.
BALL— GUILTY of an Assault. Aged 25.— Confined Three Months.
SMITH— GUILTY of an Assault. Aged 20.— Confined Six Months.
1329. GEORGE WILMOT and WILLIAM SMITH , breaking and entering the dwelling-house of Francis Virgo Sanderson, and stealing 20 spoons, and other articles, value 9l. 15s.; 4 10l. and 7 5l. bank-notes; and 16 half-crowns, 30 shillings, and 20 sixpences; his property: both having been before convicted.
MR. ROBINSON conducted the Prosecution.
FRANCIS VIRGO SANDERSON . I am an oilman, and live at 17, Seymour-street, Euston-square; it is my dwelling-house, and is in the parish of St. Pancras. On Sunday, 9th June, I left my house, with my wife, about half-past four o'clock in the afternoon—my servant had gone out about two hours before—I went out at the private door, and shut it after me—the shop door was fast—I left no one in the house—I left in a cash-box, in my iron chest, four 10l. and seven 5l. notes, 9l. in gold, and 4l. in silver—the chest was locked, and the key of it was locked up in a drawer up-stairs—that drawer was broken open, and the chest had been unlocked with the key of it—the drawer had been opened with a chisel; there were the marks of it—I got home about half-past nine—I missed all the property I have mentioned—my wife missed some spoons and some coral beads—I lost a watch, some rings, a pearl brooch, a great-coat, and other things—the value of the whole was perhaps 105l. or 110l.—these are the beads (produced)—there was no clasp to them; they were just in the state they are now.
Cross-examined by MR. PAYNE. Q. Did you wear them? A. No; my wife wore them, and my child wore them after her mother's death—my second wife has worn them.
ELIZA BURNELL SANDERSON . I am the prosecutor's wife. I went out with him that day—when I came home I missed twenty-one spoons, the coral beads, and other property—I saw these beads in the drawer, where I put then—they had been there some months, but I put them into a box in the drawer about a fortnight before—that was a drawer that was broken open.
EDWARD LUCAS . I live in Milton-crescent, Euston-square. On the evening of 9th June I was in Seymour-street, opposite Mr. Sandersons, about half-past seven o'clock, or twenty-five minutes to eight—I saw the two prisoners passing and repassing his house twenty or thirty times—I knew them before—I heard of this robbery, and gave information.
Cross-examined by MR. PAYNE. Q. How do you get your living? A.
By honest work; I last worked for Mr. Dunn, an oilman, in Cannon-street; that is seven or eight months back—I have since been working for my wife's aunt, she is a milk-woman—I have carried milk about to different places—I carried milk about three weeks back—I have never been accused of robbing my father—I never sent a person to my father to tell him I had got into the police, and to send me some money—my father did not send word that if I had got into the police I must remain there, for I had broken his drawers, and taken his property—I sent a person to tell my father that my wife was very ill, and to come over—my father never accused me of breaking his drawers, and stealing his property—he never said that I had stolen anything, or taken anything—I have never been in custody, or locked up for a night—I was never in Bridewell; I do not know where it is—I have never been connected with persons in skittle-playing, in order to take in the green-horns—I mean to swear I have always been getting my living honestly—I was never accused of anything, or locked up at all—I have played at skittles, but not for some time—if I went to a skittle-ground I played for a pint of beer, if I lost a pint I did not play any more.
MARY ANN KEARNEY . I am married, and live at 67, Seymour-street. About half-past eight o'clock, on the evening of 9th June, I was at my window, immediately opposite Mr. Sanderson's, and saw the two prisoners come out of his house—Smith came out first—they joined company, and went away, in a quick way, together—I did not see that they had anything with them.
Cross-examined by MR. PAYNE. Q. Did you not say you would not like to swear to Smith? A. I had an objection to swear to him at Clerken well, because I did not like to take an oath; not because I did not recollect the person.
Cross-examined by MR. COCKLE. Q. At first were you certain about Wilmot? A. No, he answered the description of the person.
COURT. Q. What was your uncertainty about him? A. I did not take notice of him—the other one stood at the corner for a moment, waiting for him—I have no doubt in my own mind that Wilmot was one of the men—he answers the description of him in size and height—I did not notice his face.
JOSEPH THOMPSON (police-sergeant, F 11). From information I went to a room, at No. 7, Saville-street, Fitzroy-square—I found the two prisoners there—Wilmot was in bed—it was about nine o'clock in the morning, on Wednesday, the 12th of June—I charged them with this robbery, they said they knew nothing about it—in a closet in the room I found these seventy-six keys; some of them are skeleton keys—I found these two chisels, eleven files, this necklace, and this dark lantern—I found on Smith this new watch and Albert chain, and four sovereigns in his waistcoat pocket, and at the station I found in his fob-pocket this purse, with eighteen sovereigns in it—he told me I might keep that and say nothing about it—these beads were in a drawer in the room—amongst the skeleton keys I found this one, which opened the door of Mr. Sanderson's house—it had been lately filed and fitted up—here are notches on this chisel—I have compared them with the drawers at the prosecutor's, and they correspond with the marks on the brass and wood work—I found ten duplicates in the prisoners' room—one of them relates to the pawning of a watch on 1st June—I asked Wilmot whose the duplicates were—he said they were his—I said, "Whose watch is this the duplicate of?"—he said it was his—I found this other watch and chain on Smith—he claimed them.
Cross-examined by MR. PAYNE. Q. Where was Smith? A. He was in the room—I think he was in the act of putting his coat on—he had just got up, apparently—he offered me the eighteen sovereigns at the station-house—the inspector was there, the prosecutor was not—I dare say the gaoler was there—he said, "You may keep them"—I do not think he said it loud enough for other persons to hear—the marks that I fitted this chisel to, were on the drawers—any chisel of this size would make the same sized mark, but this chisel has notches in it—you may get 500 chisels not exactly notched like this.
COURT. Q. Have you any doubt, on comparing the marks on the drawers with this chisel, that they were made by this instrument? A. Not the least.
JAMES BROWN (policeman, 142 F). I went with Thompson to the prisoner's lodging—I searched between the mattress and the bed on which Wilmot was lying—I found thirteen sovereigns, seven shillings in silver, and this watch and chain, which were claimed by Wilmot—I found in Wilmot's fob-pocket this banker's deposit receipt for 30l. in the London and Westminster Bank, on the 11th June.
Cross-examined by MR. COCKLE. Q. Did you see any woman at the prisoner's place? A. Yes, a female who represented herself as the wife of Wilmot.
THOMAS DAVIDSON . I am clerk in the London and Westminster Bank, in Holborn—I know this receipt; it is my writing—the prisoners came on the 11th June, and deposited 30l. in sovereigns, they were together—I believe it was Wilmot deposited the sovereigns—he gave the name of "George Greenwood Chambers, No. 7, Sackville-street."
WALTER HOLMES (policeman, F 50). I produce a certificate of the conviction of Wilmot, at this Court, by the name of Henry Rowland(read—Convicted Jan. 1848, and confined six months)—I was present—he is the man.
WILMOT— GUILTY . Aged 20.
SMITH GUILTY . Aged 20.
Transported for Fifteen Years.
(There was another indictment against the prisoners.)
MR. BRIARLY conducted the Prosecution.
JOHN COOPER . I was at the Wellington inn, at Bedfont, on Saturday night, 8th June—the two prisoners were there, and Lipscomb—Haycock and Lipscomb were fighting—Lipscomb complained that Haycock had kicked him on the leg—he said his leg was painful—I went out—the prisoners had left the room—when I went out I saw Timlock—the prisoners were going along—I overtook them; they had got but a few yards from the house—Haycock said he would knock my b—y brains out, and Tarray said he would rip my b—y guts out—I was only following them—after that they both came at me, and Tarray ran a knife into my thigh—I complained that I was stabbed—I fell down, and Trimlock assisted me—when I fell both the prisoners fell with me.
COURT. Q. Do you mean that they fell upon you? A. Yes; I fell with the wound, and they fell over me—they remained on me, though I was wounded and on the ground—Timlock came up and pulled them off, and
Tarray swore he would serve Timlock the same—I bled very much from my wound.
Cross-examined by MR. CLARKSON. Q. How many were there drinking at the public-house? A. I cannot tell; perhaps about ten—Tarray is brother-in-law to Haycock—I cannot say that I saw Tarray try to pull Haycock away from Lipscomb—Haycock and Lipscomb separated—they did not sit down after the struggle, or kick and drink—I did not after Tarray tried to pull Haycock away hear him say, "I am no fighter, no more are you, we will have no fighting"—I did not hear Lipscomb say, "We will drop it, and have no more row"—I cannot swear that Lipscomb did not say, "If you will hit me no more, I will hit you no more"—Haycock did not say, "Very well, Dick, we will let it drop at that"—Lipscomb did not turn round after that, when Haycock was not aware of it, and strike him a blow—I never heard Tarray say to Lipscomb, "D—n your eyes, Dick, I can't call you a man for hitting a man like that, after you said you had done with it"—I cannot say that Tarray took hold of Haycock a second time to pull him away—I know that Haycock kicked Lipscomb—I cannot swear that Lipscomb had not hold of Haycock at the time he kicked him—after Tarray and Haycock had gone away, they went the nearest way to their home, as far as I know—when I and Timlock came up, I did not say, "B——r their eyes, we will go and fetch them back"—we said, "We will go to them"—I said, "I will see fair play"—I used no bad expression then—I did not say to Timlock, at the door, "Come on,Jem, let us go and fetch the b——s back"—I did not hear a man say, "D—n you, why can't you let them go"—I did not hear Tarray say, when we came up to him, "Don't hurt me, for I have had nothing to do about it"—I did not say, "D—n your eyes, where is he (meaning Haycock)? we will soon fetch him back again"—there was only Timlock and me that went after the prisoners; Lipscomb was in the room—what I meant by saying "I want to see fair play," was to stop the prisoners for ill-using the man—one of the prisoners went through the hedge—he was on the brink of the ditch.
COURT. Q. You followed the prisoners with Timlock? A. Yes; I meant to stop them for ill-using the man—the prisoners came at me—I was in the road when I was struck—when I met this injury Haycock was two or three yards before me—Tarray was by the side of me—it was when we got to the lane that they turned on me—Haycock was before me, we had not got to him—Tarray was by the side of me—I did not knock Tarray down.
MR. BRIARLY. Q. Were you sober? A. Yes, I had only had one pint of beer in-doors, and then we had a drop out in the ground where they play four-corners—I cannot tell how much we had, nor how many persons were there—we might be there two, or three, or four hours.
JAMES TIMLOCK . I was at the Wellington on this night—I came out for a necessary purpose, and Haycock and Lipscomb were falling out—I saw no fighting going on—I did not see anything till Cooper came out—he said, "Is that you, Jem?"—I said, "Yes"—he said, "Come on"—the prisoners had gone out, but I did not see them go—we followed them, and Haycock jumped over the hedge and laid down a little way off at the edge of the ditch, in a little short lane which goes into some fields—Cooper then jumped over the hedge, and up jumped Haycock and swore he would beat his brains out—that was while they were on the other side of the hedge—I do not know whether Cooper was reproaching him—Tarray jumped over the hedge, pulled out his knife, and went in to him and subbed him; then Haycock went in, and they all fell together—Cooper was in the little lane when he was stabbed
—I think the knife went into him in falling down—Tarray went five or six times in this way(swinging his arm)—he had before said he would rip his b—y guts out—the motion of his arm appeared as if he intended to do it.
COURT. Q. Did he appear to strike at him? A. Yes, six or seven times—I cannot say whether he did strike him or no—Cooper hallooed out, "I am stabbed!"—that was when I was pulling the prisoners off him—he was wounded just below the hip.
Cross-examined by MR. BALLANTINE. Q. How many people did you leave behind in the public-house? A. I should think there were about a dozen; they were all friends of Cooper's and mine—I did not see the prisoners go out—I had only been out two or three minutes—they did not pass close by me; three or four yards off—I followed them, because Cooper called me——I do not know whether it was to hide himself that Haycock got through the hedge; he was not running—I only went to see whether he got over the hedge—I am a labouring man—I am very little of a fighter—I have not fought a pitched battle—I suppose I have not fought these twenty years.
MR. BRIARLY. Q. Did Tarray say what he would do to you? A. Yes; he said he would serve me the same.
JOHN ROBERT HUTCHINSON . I am a surgeon. At one o'clock in the morning of 9th June, Cooper was brought to my house—I found a wound in his buttock—it was a dangerous wound, and was two inches deep—it had affected an artery—it was slanting, as if the knife or weapon had been brought round—it was a large wound internally, as if the weapon was turned in drawing it out—he fainted away—he had lost a great quantity of blood before he came, and after he came into the house there was a great deal of blood on the floor—he is likely to be lame for some time.
Witnesses for the Defence.
THOMAS FULLER . I am a baker, and live at Bedfont. I was in the tap-room of the Wellington on that occasion—I recollect the squabble and then the fight between Haycock and Lipscorab—they hit one another in the public-house—it arose from Haycock's burning Lipscomb's hand with a pickwick which he was smoking—Lipscomb knocked the pickwick out of Haycock's hand—Haycock said, "What did you do that for?"he said, "I will do it again"—the pickwick was picked up, and Lipscomb knocked it out of his hand again—he said, "What did you do that for?"—he said, "I will do it again, and your b—y head for half a farthing," and he jumped up and hit Haycock—Tarray pulled Haycock back—he said, "He hit me once, let me hit him again"—then he went across to the settle, and struck Lipscomb at the settle—they were then pulled up, and they made it up, and said they would not strike one another any more—they were standing up, and then Lipscomb hit Haycock again—Tarray pulled Haycock away, and said, "Jem, you are no fighter no more than I, we will have no more of it"—Haycock then kicked Lipscomb, and as soon as he kicked him, Lipscomb ran across the room and kicked at Haycock, but did not kick him—Cooper was against the outside door, and he and Timlock shoved Haycock and Tarray down in the corner against the shutter—Haycock and Tarray then got out to go home, and Cooper and Timlock said, "We will fetch the b—s back"—they went out, and I went as far as the gate after them—they overtook Tarray, and he said, "Don't hit me"—I said, "D—n their eyes, they are gone, don't go after them"—Cooper said, "We will fetch the b—s back"—it was very dark—it was half-past eleven o'clock—when they said,
"We will fetch them back" it was said aloud, any one might hear—the prisoners had gone across the field, the nearest way home—Tarray several times attempted to draw Haycock away, and in fact succeeded in doing it.
Cross-examined by MR. BRIARLY. Q. Had you been long at the public-house? A. About an hour and a half or two hours—I had not had much to drink—I was none the worse for it.
COURT. Q. How much had you laid out? A. That I do not know—the persons that were there were all known to one another—they had all been drinking together.
JESSEY CHAMPION . I am daughter of Jessey Champion, a butcher at Brent-ford. On Saturday night, 8th June, between eleven and twelve o'clock, I went to fetch my father home from the Wellington—while I was standing outside the door, I saw Tarray and Haycock leave the house—they went towards the gate of Ives'-field—I saw Cooper come out, and he said, "I'll fetch the b—s back, or else I will break their necks"—he seemed much excited, and he ran after Tarry and Haycock—I did not see that he had anything in his hand—I saw Timlock, but they did not come out together—Cooper came out first—I saw Timlock before he entered the gate—he ran likewise—I did not hear him use any expression—Tarray and Haycock were trying to get away, and those others were running after them.
MR. BALLANTINE to THOMAS FULLER. Q. You stated that you saw these two men go out? A. Yes, and Cooper went out likewise—when I went out I went close after Cooper, and Timlock was just going out—he was just about half-way out of the door.
COURT. Q. Was he in the direction to follow him, or did he come from a side-place to join Cooper? A. He came from the door; he was not outside the door—he came out of the same door that Cooper came out of—he was just on the stone at the sill of the door when Cooper came out, and Cooper said, "Come on, Jem, let us go after them"—he was just at the door—Cooper and he were just at the door together; I swear that; they came both together—Cooper went sideways, and went by Timlock, and Cooper said, "Come on, Jem"—that was said just as they were passing each other coming out of the door.
MR. BALLANTINE to JESSEY CHAMPION. Q. Did you see Cooper go out? A. Yes; I did not see Timlock come out—I did not see him till they were very near the gate.
HANNAH GREEN . I am the wife of James Green. I went to the Wellington, between eleven and twelve o'clock that night, to get half a pint of beer—when I went towards the door, I met Cooper and Timlock; they were near the gate, and were running—I did not see the prisoners—Cooper and Timlock were both swearing—one said, "Do you know which way the b—rs have gone?" and one said they were b—y cowardly b—rs, and they would overtake them, and if they did not make haste they would get home before they overtook them—I saw them all back again in ten minutes or a quarter of an hour—the landlady said she had been very poorly all day, that there was a great piece of work, and she was so glad that John Tarray had got his brother away.
(The prisoners received good characters.)
TARRAY— GUILTY. Aged 19.—Recommended to mercy by the Jury.—
Confined Six Months. HAYCOCK— NOT GUILTY .
1331. CHARLES RATTY , feloniously breaking and entering the dwelling-house of Margaret Birch, and stealing 1 spoon, value 5s.; the goods of Matilda Allen: 2 coats and 1 waistcoat, value 15s.; the goods of James Wood-ward: and 3 spoons, 4 thimbles, and other articles, value 5l. 6s.; the goods of Margaret Birch.
MR. HORRY conducted the Prosecution.
LYDIA WILLIS . I am in the service of Mrs. Margaret Birch, a widow, of 9, Northern-terrace, Notting-hill. On the night of 19th June, I went to bed about eleven o'clock—I had a friend with me—the garden door was quite fast—the window was a little open, to let in the air; it was secured outside by iron bars—next morning I came down just as the clock had gone eight—I found the drawing-room door open, the dining-room door open, and the garden-door open, the front-door was closed to—I went back to call Mrs. Allen—I examined the back window, it had been partly down—they had shoved it half-way down—the bars were wrenched down, one of them was quite off—I missed from the kitchen four teaspoons, one was Mrs. Allen's, which she brought with her, and three my mistress's—I missed a time-piece from the dining-room, and two coats belonging to James Woodward, one from the kitchen, and one from the passage—these are my mistress's tea-spoons, and this thimble is hers; it was in the work-box, I know—I recollect this snuff-box being in the drawing-room, but I did not miss it at the time.
JAMES WOODWARD . I am in the service of Mrs. Birch. I was in the country on 19th June—on the 20th I heard of this, and came to town—I missed this snuff-box from the drawing-room, it was my late masters, the Rev. Dr. Birch's—I know this shield perfectly well, I have cleaned it, and this strainer I know, they are my mistress's—I can swear to these three tea-spoons as hers—I missed two coats and a waistcoat, and the time-piece.
THOMAS HAZLEDINE (policeman, 104 D). On the morning of 20th June, I saw the prisoner in Chapel-street, Edgware-road, at half-past eleven o'clock—I watched him—he went into a pawnbroker's shop—I went in after him—he put down these four spoons, this snuff-box, this thimble, and two he dropped from bis pocket, and I found the other on him—I asked him where he got them—he said a young man gave them to him, he did not know his name—I found on him this shield—he said he had had it some considerable time—when the charge was read to him, he said he did not see why he should suffer for others; a man of the name of Joss, and a man of the name of Guy, gave him the property—I went to the prosecutrix's house; I found this bar had been wrenched away from the window so as to admit an entrance—there would not have been an entrance without doing so.
THOMAS BURKE (policeman, 269 T). On the morning of 20th June, at half-past one o'clock, I saw the prisoner in Princes-road, which is behind Northern-terrace—the gardens of the houses in Northern-terrace come down to Princes-road—it was light—I am sure it was the prisoner—I saw him afterwards in the cell.
EDWARD SCOTNEY (police-sergeant, 21 T). On the morning of 20th June, about half-past one o'clock, I met Burke in Princes-road; just afterwards I saw the prisoner—I have not the least doubt about the prisoner being the man—the prosecutrix's house is in the parish of St. Mary Abbott's, Kensington.
Prisoner. Neither of these officers knew me till Hazledine told them who it was. Witness. No, he did not—the constable pointed out the prisoner.
Prisoner's Defence. I was six miles from the place when the robbery was
done; a man came and asked me if I wanted a few shillings to go and sell these things; he said he found them; I did not get out till half-past ten o'clock in the morning, if you would take my father and mother's word.
MR. RATTY. I am the prisoner's father. I cannot give any account of him on the night of 19th June, I was not at home.
MR. RATTY. I am his mother. I know he was in bed on the night of 19th June—I saw him lying in bed that morning, it happened on Thursday morning—he sleeps in the room with us—I got up between five and six o'clock—I left his father and sister at home with him—I do not think he went out in the night.
MR. HORRY. Q. What does he do for his living? A. He works on the railroad, or holding a horse, or anything he can get—I cannot be with him to know what he does.
GUILTY .† Aged 21.— Transported for Ten Years.
NOT GUILTY .
THIRD COURT.—Friday, July 12th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
FREDERICK MUSSON . I am a pastrycook, of Shoreditch; the prisoner was my service; she had notice, and was to leave on Monday, 8th July. On the Sunday evening before, I missed a pound-cake from the counter, I spoke to a policeman, and went with him and the prisoner to her room, and in her box, which was not locked, found a cake and some sugar, tied up in an old apron—I said I should give her the law—she began to cry—I gave her into custody, and she said she had put it there for a little while.
Cross-examined by MR. ROBINSON. Q. How long had she been in your service? A. One month—I meant, by giving her the law, that I would put her into this dock.
GEORGE FORD (policeman, K 341). I was called, I told the prisoner she was charged on suspicion of stealing a cake—I searched a box, which she said was hers, and at the bottom I found a pound-cake and some sugar—she said she put it there a short time, intending to put it back again.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Jury.— Confined Seven
WILLIAM DURBAN . I am foreman to Mr. James Hunter Tuck, who has a garden in Sloane-street; the prisoner was in his employ. On 6th July, about one o'clock in the day, in consequence of what Mr. Tuck had said to me, I told the prisoner I would go home with him and see those plants, which he said he had bought, whether they were Mr. Tuck's or not—he said
he was willing for me to do so—I had not missed any plants—I went home with him, and on the copper in the washhouse found two verbenas, one fuschia, and one geranium, in pots—I knew them immediately—they, are Mr. Tuck's—he said he could assure me he had bought them—these are them—(produced.)
Cross-examined by MR. WOOLLETT. Q. Is Mr. Tuck in a very large way of business? A. Yes, he has only one garden—he sells a great many such plants as these—it was not in consequence of the prisoner's telling me he had bought some plants that I said I would go and see them—I addressed him first about them—I know the fuschia and geranium, because they are my own cuttings—I make a great many cuttings, and sell a great many—there is no mark on the pots, or anything particular about them.
JOHN GOODWAY . I know the prisoner, and know Mr. Tuck's garden, in Sloane-street. On 6th July, about a quarter before seven o'clock in the morning, I saw the prisoner at work there—I saw him again a little after nine—he asked me if I had seen any plants in the horse-radish, as he had some given him last night to take to Eaton-square, and instead of taking them, he had put them in the horse-radish, and took them at breakfast-time—I had seen them there about eight that morning—three of these produced were there—they had no business there—I went at half-past eight, and they were gone.
(The prisoner received a good character.)
NOT GUILTY .
JOHN HOWES . On 22nd June I left my cart in Upper Thames-street, with my boy, while I went to sign for some goods I had been loading, and when I returned I missed my jacket from off the cart—it had a pocket-book in it, containing an order for fifty dozen of wine—it belonged to Messrs. Pickford and Co., but was in my care—the pocket-book produced is mine, and has my name on it.
Fletcher. Q. Was I not at work all that day with you? A. Yes, and you bought the book about nine o'clock in the evening.
Fletcher's Defence. I bought the paper that was in the book for 1s.; it had on it that half-a-crown reward would be given to anybody bringing it to the place mentioned on it, and he gave me the book into the bargain.
FLETCHER— NOT GUILTY .
HAMSON— GUILTY .
FRANCIS BELL NORMAN . I drive a van. On the Saturday before I was before the Magistrate, I left my van outside a public-house in Hatton-Garden at twenty minutes past three o'clock—I left my jacket, and also the boys on it—I was away a quarter of an hour, and when I came back they were gone—there was a receipt for a load of oil belonging to the Eastern Counties Railway in my pocket-book, which was in my jacket-pocket, and which was in my care—the next day the prisoner Fletcher came to my house, and asked if I had lost a pocket-book—I told him yes, and two jackets—he said he knew the man that had found them—I gave him in charge.
SAMUEL MABERLY . I live at a lodging-house, 8, Union-court, Holborn. The prisoners lodged there also—on the Saturday evening before I was before the Magistrate, about nine o'clock, I saw both of them there—Hamson pulled out these two pocket-books, and said be found them in Hatton-garden—there is a paper in one of them, which he read out—(reading it—" In case this shall be lost, 2s. 6d. reward will be given to any person returning it to the Company")—he offered it for sale for 1s. 6d., and said it would be a bargain—Fletcher gave him 1s. for each of them—I had Hamson given in charge.
FLETCHER— NOT GUILTY . HAMSON— GUILTY . Aged 37.— Confined
Twelve Months, on the first Indictment.
1337. BRIDGET KELLA and WILLIAM JEREMIAH KELLA were indicted (with Jeremiah Flynn, not in custody), for stealing 1 counterpane, 2 blankets, 2 pillows, and other articles, value 4l. 9s. 6d.; the goods of Thomas Major, in his dwelling-house.
MR. COOPER conducted the Prosecution.
THOMAS MAJOR . I am a gentleman, and live at 32, Great Prescot-street. My wife died in May, 1849—the female prisoner was then a servant in the house—the male prisoner afterwards married her, and slept in the house—on Wednesday, 28th May, I went to Gravesend with the male prisoner, leaving the female in possession of the house—I returned home about eight o'clock, and she was gone—I looked about, and missed two sheets, two blankets, two pillows, and a great number of other things—I saw the male prisoner again on the following Saturday, and asked where his wife was—he said he did not know—I never gave her any of the property—I am seventy-three years old.
Cross-examined by MR. PAYNE. Q. How long was the female in your service before she was married? A. About a year and a half—they were married on 14th April—it was first arranged that she was to go on this day to Gravesend with me; but in the morning she felt poorly, and declined going, and I took her husband instead—I was not particularly sweet upon her—she was pleasant to me at times—I do not know whether that made her husband uncomfortable—I cannot tell whether he was jealous when I asked her to go to Gravesend—I did not say, "We will go to Gravesend, and leave the booby at home"—I did call her husband a booby in business—I used to kiss her before she was married, and after too—I did not tell her just before she
was married that there was no occasion for her to buy bed-clothes, or that she could have all the things on the bed she slept on, as a marriage present—I gave her part of a bed, and she bought a bedstead—I did not give her the money to pay for it—I said she had been a good girl to me, and I would assist her any way in my power—I offered her marriage myself when I was seventy-two years and a half old—she declined it—I did not tell her I was sole executor to a family, and could get 140l.; and if she would marry me, I would go with her to America, or yet to California—I gave her a watch, which was my wife's—(I did not afterwards tell her she had stolen it,) and my son gave her the greater part of my wife's wardrobe—I had another watch, a pinch-beck watch, which she said she should like better than the other, and I said she could have it if she gave me 30s.—she promised to pay it, but never did—I did not charge her with stealing it—I never told the man that she was a married woman, and her husband was living, and therefore he had better not marry her—I dare say he has heard of it, as I have—I swear I never gave her the things in question—they are chiefly such things as a married couple would want—I never gave her anything but the watch, and bed, and the things my son gave her—I never said she might have all the things in the house except the silver spoons and china.
MARY ANN SECCOMB . I am married, and live at Wade's-place, Poplar. On 29th May, I let a portion of my house to Jeremiah Flynn—he came again about five o'clock the same day, and brought three or four boxes—the female prisoner afterwards came and took possession of the rooms in which the boxes were—Flynn did not stay—the next day the male prisoner came—they agreed to give me a week's notice, or I was to give them a week's notice—after eight days they said the rooms did not suit, and they left—they had not given me notice, but they paid for a fortnight.
Cross-examined. Q. You were not examined before the Justice? A. No; the male prisoner came the second day at dinner time—he was working at Limehouse Church, and came home to his meals—Mr. Major never came.
THOMAS KELLY (police-sergeant, H 2). I apprehended the female on 22nd June, at Dalgeith-place, Commercial-road—I told her she was charged with robbing Mr. Major—she said, "I did not rob Mr. Major"—I asked if she had any property of Mr. Major's—she said, "No; I have no property except what he gave me"—I searched the house and found all this property, counterpanes, table-cloths, and cover, a pair of trowsers, and several other articles.
EDWARD WIGLEY (policeman, H 141). On 21st June, I went to Limehouse Church, and found the male prisoner there—I asked him if he had ascertained where his wife was—he said she was gone to Cork in a screw boat—I asked him if he knew who it was removed the goods from Prescott-street—be said he knew the man, and he bad ascertained they were taken to the Blackwall-pier, and taken away in a screw boat with his wife, and he had known the man some years, but did not know his name or where he lived—after that I watched his movements, and traced him to Dalgeith-place—I have looked after the other man, and cannot find him.
Cross-examined. Q. You found him at work at Limehouse Church? A. Yes; he was employed regularly at stonemason's work.
Cross-examined. Q. Have you not sworn to more blankets than you had? A. No; some of them may have Mrs. Steers, my sister-in-law's, mark on them—she lives in my house—I never gave her the trowsers, saying they had
shrunk in the washing, and would suit her husband in his stonemason's work.
(William Jeremiah Kella received a good character).
NOT GUILTY .
NOT GUILTY .
CHARLES WILLIAM . I am independent. On 1st July, I was lodging at Jubilee-place, Stepney—on that day I met the female prisoners at the door of No. 12, St. John's-lane—there was another woman with them—it might have been one, or two, or three o'clock in the day, I think—I am quite sure it was not the middle of the night—they asked me to give them some porter—I gave them 4d., and went into the parlour with them—one of the three went for some porter, and I assisted them in drinking it—I afterwards gave them a shilling to get some rum—after that was finished, they asked for more—the two female prisoners were still in the room, and a third, but not the one that was there at first—they kept asking me for rum—I made an excuse, stating I had only sovereigns about me, and appealed to Haseman how follyfull it would be for me to change a sovereign—as I was making the excuse, my hand fell down on my waistcoat pocket where my purse had been safe an hour and a half before, and I found it was gone—I had then been in the house nearly two hours—I had it safe when I went in—it contained five sovereigns—I had pulled my purse out, and showed the two women the five sovereigns—when I missed it, I got up from my chair, and said, "By G—! you have robbed me"—I stood against the door, and said they should not go out, and the male Haseman struck me right and left, and his wife and the younger prisoner all beat me together till they got the door open—I followed the man to the back door—I did not keep hold of him—I caught him again—I had called at the door for the police—Smith assisted in beating me—I did not see her do anything else—after the beating, and before the police came, I saw her come from the back parlour—when the police came they brought the prisoners into the back parlour, and they said, "Search him, he has got the money himself"—while they were saying that, I saw the purse lying in some drawers, and snatched it up, and handed it to the police—I did not do that until they told the policeman to search me—I might have said, "By G—, I have got it"—I examined it, and there were five sovereigns in it—I did not put it where it was found—I cannot say whether the purse was in my pocket after the male prisoner came into the room.
Cross-examined by MR. O'BRIEN. Q. Do you live at Jubilee-place? A. Temporarily—I am visiting there—I have been there off and on for a fortnight—I live upon my property—I have no profession at present—I was educated partly to the medical—I never went by the name of M'Kenzie—I pulled my purse out, and showed them that I had sovereigns, and said I did not wish to change them.
JAMES PYE (policeman, K 111). About a quarter past ten o'clock, on the night of 1st July, I heard a cry of "Murder!" and "Police!" from 12, John's-place—I went there, and the door was opened by Smith—I went into the yard, and found the prosecutor on his back, with his head raised, covered with blood—he was calling out for help—the male prisoner was over him, in the act ot striking him—I pushed him away—I saw the female, Huseman, put a pole against the wall—she had it in her hand, as if she was going to
throw it at him—I got the prosecutor up, and he said, "I have been robbed of five sovereigns, and now they are trying to murder me"—a sergeant came—I left him at the house, and I took the male to the station—as I was returning I met the sergeant and the two women on the way to the station—they were not in custody then—it appeared to me that the prosecutor was bothered by the striking he had had, and did not at the time exactly know who had been ill-treating him—when he had recovered a little he recognized the female Haseman, and the next morning he recognized Smith.
WILLIAM SMITH (police-sergeant, K 28). I went to 12, John's-place, on the night of 1st July, and found Pye there, and the three prisoners and the prosecutor in the front parlour—the prosecutor was bleeding from just over the eye, and his waistcoat and handkerchief were covered with blood—I asked him, in the prisoners' hearing, what was the matter—he said he had been assaulted and robbed—I asked who did it—he said, "That man," and pointed to the male prisoner—I asked if he would give him into custody and charge him—he said, "I will"—the other constable then left with him—after that I was searching, and the female Haseman said to the prosecutor, "You had better go to Mr. Cooper's public-house, where you were this afternoon, and see whether you have left it there," and both the females said, "Search him"—27 K asked the prosecutor if he had got it himself, and he said, "I have it," and I saw 27 K take the purse and contents from the prosecutor's left hand—I examined it, and it contained seven sovereigns—the prosecutor was standing near the drawers at the time—Haseman said at the station, "I know nothing about the man."
Cross-examined by MR. O'BRIEN. Q. Did not you ask the prosecutor who it was had beat him, and caused him to bleed so? A. Yes, it was then that he said, "That man"—I heard 27 K say, "Are you sure you have not got it yourself?"—it was seven or eight minutes after that, that the prosecutor opened his hand and presented it to us—we were not proceeding to search him—he gave the money up directly they said, "Search him"—he was the worse for liquor, but was quite rational—he was not bothered a great deal—he seemed to know what he was about.
Cross-examined. Q. When was Smith taken? A. The next day—she came to the station the same night, and the prosecutor would not charge her—this is the purse(produced).
MR. O'BRIEN. Q. How many policemen were in the room where this shelf was? A. I cannot remember, I had been so knocked about—before the purse was found, the sergeant said to me, "Are you sure you have not got the purse yourself?"—upon that I put my hand down, took up the purse, and said, "By G—, here it is."
Cross-examined by MR. PAYNE. Q. Where do you live when you are not at Jubilee-place? A. I have been pleasuring about—I come from Frome—my brother-in-law is with me—if he has said my name is M'Kenzie, it is not true—I never went by that name—my father's name is William—I have never said I was not sure whether Smith was in the house until after they began to assault me—I have never said she had nothing to do with it—upon my oath she did not come on my crying out—I had a cup of tea that day with Smith and a young man she lives with, on the opposite side of the way—after tea, Mrs. Haseman and her husband came and took us to No. 12—I cannot say whether I was the worse for liquor then—I had been drinking something stronger than tea—I have been there since to get evidence—I saw Smith's young man—I did not tell him that she had nothing to do with it, and was not there at the time—I said I would ask his lordship to be lenient
to her if I dared—I wrote a prescription for one of the prisoners—I do not recollect what letters I signed that with—it had nothing to do with "Charles William" or "M'Kenzie;" it was initials—I first went to No. 12 about twelve o'clock, and drank there—between four and five, or fire and six o'dock, I went to Smith's, and afterwards went back.
NOT GUILTY .
JOHN WILLIAM THOMPSON . I am in the service of Mr. James Colbourne, of High-street, Kensington. On 3rd July, the prisoners came together to the shop, and asked for a bonnet—I took them to the show-room, where there was a box containing mantles, which Jones and Sexton stood close to—Harris was about a yard off—I turned to look for a bonnet, and heard a rustling of silk—I turned round, and missed a mantle from the box—the prisoners waited two or three minutes, and then walked out—I did not say anything to them, because I wanted to be certain about the number, and I thought my employer was the proper person; I told him before they left—I counted the mantles, and found one gone worth 18s. 6d.—I observed Sexton looked rather bulky—she had a shawl on.
Sexton. Q. Can you swear to the mantle? A. Yes; there is no mark on it—I know it by a tear which I had seen some days previously, and also by the make—it was at the top of the box.
HENRY FISK (policeman, T 98). On 3rd July, in consequence of what Mr. Colbourne said to me in High-street, Kensington, I spoke to the prisoners, and found the mantle on Sexton's shoulder, under her shawl—it was not put on properly—she said it was her own, she bought it in Petticoat-lane for 5s. 6d.—I took her to the station.
Sexton's Defence. It is my property; it was a wet day, and I put it under my shawl to keep it dry.
SEXTON— GUILTY . Aged 17.
JONES— GUILTY . Aged 18.
Confined Six Months.
HARRIS— GUILTY . Aged 18.— Confined Twelve Months.
GUILTY on 3rd Count. Aged 45.— Confined Nine Months.
Before Mr. Recorder.
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Common Serjeant.
GUILTY . Aged 30.— Confined Six Months.
Before Mr. Recorder.
THOMAS CLEMENTS . I am a carman, and live in Henry-street, Old Kent-road. On 23rd June, I was at a public-house in High-street, Deptford—I came out about twelve o'clock, and on my way home I saw six or seven men quarrelling—I stopped and looked on, but did not interfere—some one came and shoved us off the path, and told us to go on—I went to go on, and as soon as I got to the corner of the street, I saw the prisoner and another running after me—I saw the prisoner pull a brickbat out of his pocket as he ran—I ran to a policeman for protection, and no sooner had I got behind the policeman than the brick hit me on the head, and knocked me down—the prisoner threw it with force when he was not more than three yards from me—it wounded my head—I could not see out of my eyes for a week from the effect of the blow—it bled a good deal—he was taken on the spot—I had done nothing to provoke him—he was one of the party quarrelling—they were not fighting.
Prisoner. He hit me first. Witness. I did not—I do not feel any effects from the blow now.
JAMES THOMPSON (policeman, R 190). The prosecutor ran up to me for protection—he had not been to me more than a second before four Irishmen came running up, putting themselves in a fighting attitude before him—I had not time to question them as to their conduct when the prisoner threw the brick—he was one of the four men—I did not see where he got the brick from—it seemed to be thrown with all the strength he had got—he stood about three yards from the prosecutor, and it came with full force on the man's head—he fell—I seized the prisoner, and secured the piece of brick, which I produce—on the way to the station he begged very hard of me to let him go—I took the prosecutor to the doctor's—the wound bled very much—they were both sober—I saw no provocation given by the prosecutor.
Prisoner. You asked me whether any one had struck me, and I pointed out the prosecutor. Witness. No—the prisoner works at a silk manufactory—I did not see any bricks about—he took a deliberate aim at the prosecutor—the wound was about half an inch long—there is no surgeon here.
GUILTY on 2nd COUNT . Aged 21.— Confined One Year.
Before Mr. Common Serjeant.
FANNY MOSS . I am servant to Miss Augusta Slade. The prisoner was employed there once a week for a month—he was in her service on 21st May—on Whit-Tuesday, between eleven and twelve o'clock, I missed a silver spoon from the kitchen, which I had seen safe between ten and eleven—this is it(produced)—it is Miss Slade's.
Prisoner. Q. Was I in the house? A. You were at work at the place from nine to four, but I did not see you in the kitchen.
GUILTY .* Aged 18.— Confined Twelve Months.
1346. CHARLES WILLIAM PALMER , was charged upon four in-dictments with uttering four forged warrants for the payment of money, with intent to defraud Blacknell Carter and others; to all of which he pleaded
GUILTY . Aged 31.—He received a good character.— Confined Two Months
GUILTY . Aged 12.— Confined Six Months.
GUILTY . Aged 10.—Recommended to mercy.— Confined Seven Days
Before Mr. Recorder.
LOUISA BEAK . I am single; I was on a Visit at New-street-square. On the afternoon of 28th June, I was in the Waterman steam-boat, No. 12, on my way to London—between seven and eight o'clock in the evening we were passing Greenwich, it began to rain, and I was about to descend into the cabin with a number of persons—the prisoner was behind me—I felt a jerk at my side-pocket, when I got down the steps I missed my watch—it was safe when I got up to go down into the cabin—the prisoner had been sitting near me before, and the man that was with him had asked my cousin to lend him a book—when I lost my watch, the prisoner was immediately behind me—he rushed past me.
Cross-examined by MR. PAYNE. Q. It came on to rain? A. Yes; a great number of persons hastened down—the cabin was quite crowded.
EMMA HIGGS . I live in New-street-square with Louisa Beak—I was in the steam-boat, and was going down to the cabin—the prisoner came behind me, and put his arm round my waist, and had his hand on my left side—I had no watch on—the prisoner passed quickly by me, at the bottom of the stairs—Miss Beak told me she had missed her watch—I told her I suspected the prisoner—she then told the passengers who were standing by.
GEORGE DUNK (policeman, H 86). I was a passenger on board the steam-boat—the prosecutrix informed me of her loss, and pointed out the prisoner—I took him in custody—he denied any knowledge of it—at that moment a lady directed my attention to something shining on the cabin-floor, about two inches from the prisoner's right foot—it turned out to be this watch, claimed by the prosecutrix—the prisoner was about five yards from the prosecutrix—he gave an address which turned out to be false—the face of the watch was lying upwards, and the glass was broken.
Cross-examined. Q. You did not take the prisoner to the address he gave? A. No, he was at the station—I have no one from the house here.
Prisoner's Defence. The watch was lying under the table, and was kicked towards me.
NOT GUILTY .
Before Mr. Justice Patteson.
MR. CAARTEEN conducted the Prosecution.
JAMES MURRAY . I am potman at the Marquis of Granby, Union-street, Borough. On 21st June, in the afternoon, I saw the prisoner outside the house, threatening a boy, who was going out with half a pint of beer—he said he would knock his b—y head off when he got outside—the boy was in the house—I was called to take the beer, as he would not let the boy go—I do not think he had been in the public-house—as I went out he struck me on the head with his fist—I had not spoken to him, or interfered with him in any way—he has a wooden leg, and I did not wish to touch him—I asked him what he did it for—my master came, and told me to turn him away—he then kicked me across the shins with his wooden leg, and upset a pint of beer which I had—I took him by the shoulders, and put him towards his own home, in Ewer-street—I went away, and returned in five minutes—the prisoner was still there, and several other people—he came and laid hold of my waistcoat, dragged me outside the door into the gutter, and tried to bite my legs—I got away into the house—about ten minutes afterwards I went out for some pots, and he was not there—I came back in about a minute and a half, and he was standing in the middle of the court, close to the side of the house—he struck and kicked me several times, but I told him as he was a cripple I would not hurt him—and one of the others struck me once or twice—I went into the public-house again—in about three-quarters of an hour I had to take some beer into Ewer-street—on returning, the prisoner rushed out of a court upon me all at once, with something sharp in his hand, and said, "You b—r, I have got you now"—some one standing on the left struck me on the back of the head, and knocked me over to the prisoner, who instantly stabbed me twice in the arm, saying, "There, you b—r, I have done for you now"—my arm bled—I went to a doctor, and afterwards gave the prisoner in charge—my arm is still stiff, and has not the strength in it which it ought to have.
Cross-examined by MR. PAYNE. Q. Did not you know that the boy had pushed this lame man over when he was tying his shoe, and then ran into the house? A. No; directly he struck me, I asked him what it was for; and he said, "I will serve you the same again"—before he struck me, I did not tell him not to beat the boy—I did not say anything till he struck me—I did not strike him—he did not fall down at all—I cannot say whether he was ever underneath me, because there were so many pulling me down—I did not strike him when he was on the ground, no further than pulling my leg away when he had got hold of it—a person standing at the butcher's shop on the other side of the way could see our house—I was not there when the boy ran into the house—I saw him inside—I swear I did not tell the prisoner not to strike the boy till after he struck me—this is my signature to these depositions—they were read over to me before I signed them—(this being read, commenced: "About three o'clock in the afternoon I saw the prisoner beating the pot-boy; I requested him not to hit the boy, and asked him to go away")—it was after he struck me that I asked him not to beat the boy, and to go away—the prisoner works about 300 yards from the Marquis of Granby—I had never seen him before—the court is 100 or 150 yards from the Marq is
of Granby—I had several pots in my hand on the last occasion—be did not ask me what I struck him for—I did not hold up a pot at him—I had five or six in my left hand, and some money in the other—I never struck him, got him down, or kicked him—I have seen the boy since—he comes every day—he is a hatter's boy.
EDWARD WOOLDRIDGE . I am a surgeon, of Union-street, Borough. On 21st June Murray was brought to me—I found four stabs on his left arm—two were very slight—they were not bleeding then, and were not particularly serious—the arm was swollen—this pair of compasses would inflict such wounds—the arm is still stiff.
Cross-examined. Q. Did you consider any of the wounds serious? A. No, but I thought they might be troublesome.
JOSEPH LEVER (policeman, A 486). On 21st June I took the prisoner, in Ewer-street, where he was at work, with this centre-bit—at the station he said he did it with the tool which had worked with, in making holes in a chair.
Cross-examined. Q. Did he say he did it with that centre-bit? A. He said be did it with the instrument which he used, in his work—he had no tool in his hand then; but he had the centre-bit in his hand when I took him, and I went back and fetched it.
ROBERT DOCWRA (policeman, M 29). On 22nd June I went to 47, Ewer-street, where the prisoner lived—a female gave me these compasses—I pro-duced them before the Magistrate, and the prisoner said, "Those are what I did it with."
MR. PAYNE called
ALFRED GARDNER . I am a journeyman butcher, of 136, Union-street, opposite the Marquis of Granby. On 21st June, between three and four o'clock in the afternoon, I saw the prisoner in the road, tying up his shoe—I saw a boy go into the public-house—in three or four minutes Murray came out, and struck the prisoner in the mouth—that was the first thing I saw—they scuffled, and fell, Murray at the top—as Murray was being pulled away, he kicked the prisoner in the mouth—it filled with blood, and he went to Mrs. Plummer's, opposite, for some water to wash his mouth—I saw no more of him.
Cross-examined by MR. CAARTEEN. Q. The row had begun before you got there? A. Yes; when Murray went over to the hatter's with the beer, the prisoner went into the public-house after the boy who had pushed him down—I cannot tell how Murray got on the ground—I did not help to pull him down—I did not see the prisoner again that evening.
(The prisoner received a good character.)
GUILTY. Aged 18.—Strongly recommended to mercy by the Jury.—
Confined One Year.
Before Mr. Baron Alderson.
Prisoner's Defence. I lived with Dodd but a short time; he robbed my
boxes, and left me; I went into service, and never heard any more of him till now; I had received an intimation that he was dead.
GUILTY . Aged 38.— Confined Two Months.
GUILTY . Aged.— Transported for Ten Years.
Before Mr. Common Serjeant.
GUILTY . Aged 19.— Confined Six Months.
ROBERT SUGDEN . I am a tailor. About one o'clock in the morning of 1st July I was in the New Kent-road—I met Emma Smith and two females—she came and spoke to me—I went home with her, in a turning out of the Kent-road—I remained about a quarter of an hour—I had a handkerchief in my right coat-pocket when I went in—I saw nobody but her in the house—when I came out I missed my handkerchief—no one was near me after I left her before I missed it—I went back, saw her and two other females—I asked her whether she had got my handkerchief—she denied it—I gave her into custody—I afterwards saw James Smith in custody—either he or the officer took his hat off, and I saw my handkerchief in the officer's hand—this is it.
GEORGE WADEY (policeman, P 335). I received information—I went up to James Smith, and asked him if he had got a handkerchief that did not belong to him—he said, "Yes I have," and he took his hat off and took this handkerchief out of it.
John Smith's Defence. The handkerchief was thrown on my shoulder by two females in the Kent-road; I do not know who they were.
Emma Smith. I never saw it at all.
NOT GUILTY .
MORRIS CONWAY . I am a labourer. On Saturday night, 16th June, I was coming along the Old Kent-road—the prisoner came up—she took we up a back lane—I gave her a fourpenny bit—I had a half-crown and a half-sovereign in my pocket—I was standing in the court with her—the prisoner had hold of me, and she took the money out of my waistcoat pocket—we had hold of each other—she had me up against the wall—she went over and spoke to a young man who was about five yards off—I missed my money and caught her by the hand, and a half-crown dropped out of her hand on the ground—I picked it up and kept hold of her, and gave her in charge—while I was holding her, the young man came up and told me to let go, but I did not—I was not drunk; I had had part of two pots of beer between five of us—I had no spirits.
WILLIAM MOULAM (policeman, M 197). I received charge of the prisoner—she said she was not the person, and was never locked up before in her life—she had only three farthings in her pocket—Sugden was sober.
prisoners conviction at Newington by the name of Mary Ann Day—(read—Convicted July, 1849, and confined six months)—she is the person.
GUILTY . Aged 33.— Transported for Seven Years.
HENRY BENJAMIN TURNBULL . I now live in Grove-park, Camberwell. About twelve months ago I was residing in Calvert's-buildings, Southwark—I had the prisoner to take care of my wife—she had the entire charge of her she came into my service in May, 1849—this shawl, toilet-cover, cambric handkerchief, and lace collar, all belonged to my wife—I have the dress here from which this piece was taken—I know that such things were there, and were missing; but there is no mark on them—the prisoner's term expired on 28th May, 1849, but she remained about ten days after that—I missed some articles about a fortnight or three weeks after she left—there was a short piece of ribbon missed.
JOHN GILBY (policeman, V 336). On 10th June I was in Larkhall-lane, Clapham—I saw the prisoner going towards James-street, with a large bundle under her arm—I asked her where she was going—she said, "What is that to you?"—I took her to the station, and found the bundle contained china plates—she then told me she lived at Dr. Bell's, at Tottenham-green—I went there, and traced her to Mr. Turnbull's—I searched her box, and found these articles and other property in it.
WINIFRED GARTON . I live at Dr. Bell's, at Tottenham-green. The prisoner lived there about six weeks—on the evening of 10th June she went out, and did not come back—some days after the officer came, and I saw these things found in her box.)
GUILTY . Aged 38.— Confined Six Months.
Before Mr. Recorder.
HENRY CRISTALL . The prisoner has dealt with me and my partners for some years, as master of a vessel—on 27th June he came, and said he wanted some junk to refit his vessel for the Baltic trade—he said he was master of the Eliza, which was lying in the Regent's Canal—believing his story, he had 1 cwt. 1qr. 16lbs.—it was a ready money transaction—they are all ready money transactions; they take the goods one day, and come next day to pay us—there was no such vessel as the Eliza there.
Prisoner. Q. I proposed to pay him afterwards? A. After he was in Horsemonger-lane, he sent me a letter.
THOMAS HENRY DAVIS . I am a waterman. On 2nd July I went to the prosecutors' warehouse by the prisoner's direction—I took the junk to the Regent's Canal—I did not find the Eliza—the rope was afterwards taken to Mr. Cohen's, and sold by the prisoner, I believe for 1l. 4s.—I saw him handle one sovereign.
rigging, and asked if we would buy any old—he represented himself as captain of the Isabella—the first lot he brought we gave him 12s. a cwt. for.
GUILTY .— Confined Two Months.
Before Russell Gurney, Esq.
GUILTY .** Aged 16.— Confined Twelve Months.
SARAH ANN GRAY . I assist my mother, Elizabeth Gray, who is a laundress. The prisoner was employed on Mondays and Saturdays to bring home dirty clothes, and carry out clean clothes—it was her duty to receive money—on 24th June, she came home with some clothes but no money—I asked if she had brought 7s. 10 1/2d. from Mrs. Ellis, she said no—I told her to go back, and ask if it was paid—she told me she had been back but had not been paid—I received information of other cases afterwards, and on 1st July I spoke to to her again—she first said she had not received any money, and she afterwards admitted she had received 7s. 10 1/2d. from Mrs. Ellis—I asked her if she had received 3s. 10d. from Mr. Atkinson—she first said she had not and afterwards that she had.
GUILTY . Aged 45.— Confined One Month.
MR. ROBINSON conducted the Prosecution.
JOHN PLOWMAN . I keep the Three Compasses, in the Wandswortn-road. Wright has been my barman nine weeks—while he was there I found I was doing worse than I had been for a considerable time before, and in consequence I employed Spice and Gibbs to watch the premises, and gave them directions—on 28th June, I came home about half-past nine o'clock, and found the prisoners in custody, and I charged them with stealing money from the till—I had noticed Davis come to the bar three or four times a day—I never saw any one but Wright serve her.
ALFRED SPICE (policeman, V 47). In consequence of directions from Mr. Plowman, I watched the premises—at eight o'clock I stood at Vauxhall turnpike-gate—Davis was pointed out to me, and I saw her go into Mr. Plowman's—she stopped there a minute of two, returned, and I followed her to her lodging, 44, George-street—I then returned to the gate again—about ten minutes past nine she came through the gate again, and went to Mr. Plowman's again—I and Gibbs followed her in, and I called for a pint of half-and-half—she called for half a quartern of gin, and put a bottle on the counter—Wright served her, and I saw her put down a shilling from between her finger and thumb—he took it, went to the till, was there a short time, and then put some money into her right hand—she had no money in her hand at the time; I was standing at her right side, close over her shoulder—as soon as she turned round I caught hold of her, told her we were police-constables, and wanted to know what she had—she resisted, and tried to bite my hand—we at last got the money from her—there were two shillings, one
sixpence, five pence, and two half-pence—the price of half-a-quartern of gin is twopence.
Cross-examined by MR. PAYNE. Q. When she put down the shilling with her finger and thumb, was not the middle of her band closed? A. No; I swear that it was open, and I could see there was no money in it; and when she received the money, also, it was open—we were in plain clothes—she did not say she did not believe we were policemen, as we had not our clothes on.
WILLIAM GIBBS (policeman, 77V). I was with Spice, and heard Davis call for half a quartern of gin, and put down a bottle—I was on her left side—Wright served her, and she put down a shilling on the counter, which he took up—I will swear it was a shilling, and that she had no other money in her hand—while Wright was gone with the money, she took the bottle up with her right hand, put it under her arm, and when he returned she took the change in her right hand—we took them into custody—I asked Wright if he knew Davis, he said, "Only as a customer."
Cross-examined. Q. Did you observe her right hand when she put the money down? A. Yes, I will swear there was no other money there.
MR. PAYNE called
WILLIAM WILLIAMS . I am parish clerk of St. Mary, Newington. I produce the book of original entries of marriages at St. Mary's—I find at No. 225,1850, this entry—(reads—"1850, 14th Feb., Henry Wright, bachelor, and Caroline Davis, spinster, both of Chapel-street, married, &c., in the presence of William Williams and Jane Brooks)—I remember the man very well, but not the woman.
Cross-examined by MR. ROBINSON. Q. Do you believe the female prisoner to be the woman? A. I do.
(Wright receiveda good character).
WRIGHT— GUILTY . Aged 20.—
Confined Twelve Months.
DAVIS— NOT GUILTY .
CHARLES WILLIAM HODGES . I am a shoemaker, at 93, London-road. I have known the prisoner, and took him into my employ the last time, on 7th June—he had no specified time for leaving, but I generally discharged him at eight or nine o'clock in the evening—on 11th June, about four in the afternoon, I went out, leaving my father, my wife, and the prisoner in the shop—there was a pair of shoes and a pair of boots in the shop—I returned in ten minutes, found the prisoner gone, and missed the shoes—I ran after him, returned, and then missed the boots.
WILLIAM HODGES . I am the last witness's father. On 11th June I was at the shop, and the prisoner also, till half-past three o'clock, when I had nothing for him to do—I saw him looking at a pair of boy's shoes, he put one inside the other, and put them down on the seat, and also a pair of men's boots, and put them in the same place—about twenty minutes after that, I went to my tea, leaving him in the shop—I returned in ten minutes, and be was still at his seat, and then went in to his tea—in eight or nine minutes he came out again, went to the end of his seat, took his hat, went out of the shop, and I did not see him again till he was at the police-court next morning.
RICHARD MOSS (policeman, P 330). I was present on 7th of last March when the prisoner was tried at this Court, and produce the certificate—(read—George White, Convicted on his own confession, March, 1850, and confined three months)—he had been summarily convicted before.
GUILTY . Aged 17.— Transported for Seven Years.
Before Mr. Common Serjeant.
JOHN BENSON MARTIN . I am a lighterman. On the Saturday morning I was in the Borough-market—some one spoke to me, and I missed my handkerchief, which was safe two or three minutes before—the prisoner was pointed out to me, and I gave him into custody.
HENRY COOPER . I am employed in the market. I saw the prisoner put his hand into Mr. Martin's pocket, take something out like a handkerchief, and put it into his breast, and run away—I pointed him out, and afterwards saw him in custody—I am quite sure he is the same boy—I knew him before by sight.
ALFRED AYLETT (policeman, M 51). I produce a certificate—(read—Henry Tucker, Convicted January 1850, of stealing a handkerchief from the person, and confined six months and whipped)—I was present—the prisoner is the person.
GUILTY .** Aged 18.— Transported for Seven Years.
GUILTY. Aged 21.— Judgment Respited.
(There were two other indictments against the prisoner, for forging a bond for 2,000l.: and for forging a transfer of the same; upon which no evidence was offered.)
ADJOURNED TO MONDAY, AUGUST 19TH, 1850.