CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 19TH, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, August 19th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB , LORD MAYOR of the City of London; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Taylor Copeland, Esq., M.P.; Sir John Pirie, Bart.; Michael Gibbs, Esq.; Sir George Carroll, Knt.; Sir James Duke, Bart., M.P.; John Kinnersley Hooper, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq., M.P.; Francis Graham Moon, 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.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. TENTH 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, August 19th, 1850.
Mr. Ald. GIBBS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
NOT GUILTY .
NEW COURT.—Monday, August 19th, 1850.
Before Russell Gurney, Esq. and the Fifth Jury.
MR. PLATT conducted the Prosecution.
LYDIA WINNING . I was in the service of Mr. William Andrews, a surgeon, at Islington. On 26th Feb., about two o'clock in the afternoon, I heard a double knock at the door; I went, and saw the prisoner, and an older person—the elder one asked if the doctor was at home—I said he was not—he asked if I could tell him what time he would be at home—I said I did not expect him home till five o'clock—he said he was ill, and required some medicine, and asked if I would allow him to write a note, that the doctor might call upon him; and he and the prisoner went into the parlour of their own accord—I gave him pen, ink, and paper—he said Mrs. Smith was likewise not well, and she had lately been confined—the prisoner had a blue bag in his hand—the other man turned to the prisoner and said, "George, will you write it? you see how ill I am"—the other wrote it, but the prisoner was by—Smith then said, would I oblige him with a glass of water—I turned
to the sideboard to get a tumbler, and went from there to the surgery to get the water—the sideboard closes in, and the glasses are on it, and the plate-basket stood under it—any person in the room could see the plate-basket when I took the tumbler out of the cupboard—I went into the surgery for the water, and was returning with it in my hand, and Smith met me just within the door—he drank the water very slowly, and remarked how good it was—after he drank it, I went into the parlour, the prisoner was gone, and the door was a little open—Smith seemed quite agitated—in a little time after he was gone, I missed a sovereign from the chimney-piece, which I am certain was there when the prisoner and Smith came in—soon afterwards I missed the plate, fourteen spoons, two sauce-ladles, and other things—they were worth above 6l.—they were my master's, and the sovereign also.
COURT. Q. Had you ever seen the prisoner before? A. No; I saw him again in the early part of May—I am quite sure he is the person—he was similarly dressed to what he is now—when I saw him at the House of Correction he had prison clothes on—I did not know him then—when I saw him again, in the same clothes he had before, I knew him.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
THOMAS WESTLAKE . I am the landlord of 58, Wells-street, Oxford-street In June last, I employed a broker to distrain on those premises on the goods of Madame Lebas—I saw the prisoners Moody and Jones in the evening, in possession of the premises—I do not know on what day it was.
Cross-examined by MR. PARNELL. Q. Was it on the same day you executed the warrant? A. I cannot say—the rent that was due was 3l. 10s.—they made the goods that were seized come to within a few shillings of the money, but I would sell them for 30s.—nobody else would take them—I was obliged to take them or nothing—the niece of Madam Lebas was there—she would not take them—I had never seen Moody before—I am not the prosecutor in this case—I do not wish to hurt them—I would not give 1s. 6d. for the things that were produced—I was bound to prosecute—I think I have been at the Court about four times about this matter—the prisoners were acquitted once, as there was a flaw in the indictment—I then went before the Grand Jury again—that was not my doing—I did not wish to go—it was the doing of the lawyer of Madam Lebas.
MR. METCALFE. Q. What goods were those that you got possession of? A. I cannot say—there were seven chairs which I sold for 4d. each, to get them out of my way—I did not get a watch, or a pair of scales, or scissors, nor reels of gold, or an eye-glass, or toilet cover, or knives or forks—I saw nothing of those—I got some old things that I did not want to have.
JOSPPHINE LEANTARE . I lived with my aunt Josephine Lebas, at 58, Well-street, Oxford-street. On Wednesday, 12th June, there was a distress put in on my aunt's property—Moody and Jones were placed in possession—they came to the house about twelve o'clock in the day—they distrained the goods—they took the chairs and all that was in the rooms—my aunt occupied two rooms—I saw the things taken down to the cellar—they were the chairs, the table, the bed, the pillows and pillow-cases—after the things had been taken down in the cellar I saw a hat of Moody's, which was left on the floor in my
aunt's front room—there was a table-cloth of my aunt's in the hat, which I had seen shortly before, in the next room—I took it out of the hat—after the things were taken down in the cellar, Moody took down two birds, and he told me if I went to the landlord, he would give them to me—I was gone a quarter of an hour, or half an hour—when I returned I noticed that Moody'a pockets appeared more bulky than they did before—I saw him go and look in the bed; there was an old black cloak, he said he should like to have it, and another article—I said they were not his to have—he said they were all his things—after that they went away, and locked the door, and told me to go away—my aunt was then in Paris—there was a lady who was sleeping with me—she came up into the room after me while the prisoners were there—she was not there while I went to the landlord to inquire about the birds—there was no one there then but the prisoners—next day I was passing along King-street, and saw some reels of gold in a little tin pan, in the parlour-window of Moody's house—I passed by, and when I came back they were not there—I went and asked Mrs. Moody where they were—she said the children had had them to play with—(she had seen me pass the house before, she was outside talking to a person in the street)—she said her husband would be there by-and-by, and if I liked to come in an hour or two, I should see him—I saw this book there, which I bought—I am not quite sure it is mine, but I really believe it is—I cannot read it—I can read but very little English—I got the assistance of Wood the policeman, and I went and asked Mrs. Moody where the reels were, and I saw she had a shawl on belonging to my aunt—while we were talking, Jones came out with a handkerchief belonging to my aunt on his neck—I told the policeman of it, and Jones went away into the passage, aod while he was away he changed his handkerchief, and appeared with another handkerchief on—after I had seen Mrs. Moody with the shawl on, she went in, and I stood amongst, the people.
Cross-examined by MR. PARNELL. Q. Did I understand you to say you could not read English? A. No, not much—Mr. Westlake prosecutes this case—these prisoners were acquitted last Session—after that I went before the Grand Jury again—they all told me to go, the policeman and a stout gentleman—I did not know him before—Mr. Westlake, and the policeman, and all, went together—the policeman Wood was on the beat in Wells-street—I did not know him before—a shopkeeper told me of him—I believe Mr. Butler is one of the prisoner's family—he has had a little talk with me—he told me he would like to transport Jones—when I saw Jones that evening he had a handkerchief of my aunt's on, and then he came with another handkerchief—it was not the same he has on now—they were both cotton handkerchiefs—they were pink—mine was little squares—the other had a little shade of blue—there was no blue in mine.
Cross-examined by MR. COCKLE. Q. Have you seen the shawl since, that Mrs. Moody had on? A. Yes—she is the wife of Mr. Moody—they sell old books and all sorts of old things in their shop—the prisoners were discharged last Session because there was a mistake in my aunt's name.
JOHN CARTWRIGHT WOOD (policeman, E 24). On Monday, 17th June, I accompanied the last witness to Moody's house, in King-street, between eight and nine o'clock in the evening—I saw Jones outside the shop—he had a checked gingham handkerchief on, a very showy pattern—the witness challenged him with having one of her aunt's handkerchiefs on—he said, "It is a lie; I have had it in my possession a long time"—while I was contending with Mrs. Moody, Jones went into the house—he afterwards overtook us on our way to the station in about ten minutes, and he then had another handkerchief
on, the pattern of which was very indistinct—he was asked what he had done with the other handkerchief, and was told he had got another handkerchief on—he said it was a lie, it was that handkerchief he had had all the day—at the station he was charged with stealing the handkerchief, and was locked up—when I went to the house the witness spoke to Jones, and while she was speaking Mrs. Moody came out, and said, "What is all this bother about?"—Jones said, "She has come about those reels of gold"—she said, "I told her the children had had them;"and she said, "I told you to come when Mr. Moody was at home, and he will account for them"—Mrs. Moody had a shawl, or neck-tie, round her neck, and the witness charged her with having stolen it from her aunt—I said I should be much obliged to her to account for it—she said she would not account for it to me, or to any human being—I said, "On that account, you must go to the station"—she said, "I will see you d——d first;" and she broke from me, and ran into the yard—she remained concealed for some time—after a time she came out, and ran into the first-floor—I went and fetched her out, and she had not then got the shawl on her shoulders—I said, "You must go with me to the station"—she said, "What for?"—I said, "For that shawl you had on your shoulders"—she said, "You must be blind or a fool; I have had none on but what I have now"—she had not any on then—I went into the yard, and put my arm round on the bricks of the water-butt as far as I could reach, and in the angle of the wall I found this shawl—I said, "Here is the shawl that you had"—she said, "What about it?"—I said, "This girl charges you with stealing it from No. 58, Well-street"—she said, "She is a liar, I have had it in my possession two years"—I found it in the same yard that I had seen her go into—she then invited me into her house, and said, "There never was anything brought into my house from No. 58, Well-street, only these reels of gold, that were given to the children to play with, being of no value"—when I first said I must take her to the station, she broke from me; and Jones stepped between me and the door, and said, "I will see and prevent that; you shall not take her to the station"—I afterwards returned to the house for the handkerchief that Jones had round his neck—I did not find that, but I found several things in a large box placed on a shelf over the water-butt—there were these five neck-ties, this eye-glass, two salt-spoons, a pair of scissors, a small copper pan, and a toilet-cover—I afterwards went to Jones,' and searched there—Jones' wife went with me—I have seen her since at the police-court—the house is No. 21 or 22, Lamb's-court—I found there a card-rack, two brass padlocks, a steel bracket, a brass crucifix, a knife and fork, a piece of bed-furniture, and several other things.
Cross-examined by MR. PARNELL. Q. At whose suggestion was it you went before the Grand Jury again? A. I think it was the solicitor in the case—I know no more than there was a man spoke to the witnesses, and wished to know how the mistake was made—his name was Grellier, I believe—I did not give any advice on the subject—I wished to know how the mistake was made, and the clerk of the indictments said, "You can prefer another indictment."
Cross-examined by MR. COCKLE. Q. You did not see anything of Mr. Moody? A. Not the least—I believe he surrendered on the 22nd of June—he has not a shop—it is like a parlour, and some things on a board—I do not know Mrs. Lebas or her niece, any further than being connected with this case—I called this morning to tell the niece to come here.
Cross-examined by MR. PARNELL. Q. Have you taken a great interest
in this matter? A. No; I have taken some interest to clear myself—Mrs. Jones is my wife's daughter—I am twenty-four years old—I do not know how old Mrs. Butler is—Mrs. Jones is her daughter by a former husband—Mrs. Jones is about twenty years old—I pay rent to Jones—the house I live in belongs to his wife—I never said I should like to get Jones transported—if the witness has said that I said so it is quite untrue—I have never been in trouble, or convicted of anything.
JOSEPHINE LEANTARE re-examined. I know these things—they belong to my aunt—they were on her premises—I saw some of them the same day that the broker was there—I had seen this card-rack hanging up at the shelves—this crucifix was hanging up—I had seen that the same day—these salt spoons had been in use the day before—I was using these scissors the morning the brokers came—I generally used them—I am sure they are my aunt's—this is the shawl that Mrs. Moody was wearing—it is my aunt's—this bed-furniture was hanging round our bed—when the men were gone I saw a little piece like it still in the room—I have seen the reels of gold since— these are them.
THOMAS BUTLER re-examined. I got these from Mrs. Jones, the prisoner's wife—some on the Saturday, and some on the Monday before the prisoners were taken, and some of them were left on my table after they were taken—I believe they were taken on Tuesday—I received those articles of Jones's wife, which I brought on the Saturday, on the Monday, and on the Tuesday—I received these reels of gold on the Tuesday.
Cross-examined by MR. PARNELL. Q. You got these from your daughter-in-law? A. Yes; I never was in the house that Jones lived in at that time—Mrs. Jones came to me—some of these I bought, and some she left for me to take care of—I took them to the police-court.
Cross-examined by MR. COCKLE. Q. Were you in custody on this charge? A. No; I was in custody once for breaking a window with a snowball—that was the only time—I was never in custody for stealing rabbits—I have been in prison for debt—that is all.
JOSEPHINE LEANTARE re-examined. I had seen these other things on the day before the prisoners were in the house—some of these I had seen that morning—these reels of gold are of the same description as those I saw at Mr. Moody's—they are gold tinsel—I had about six of them—they were all gone—I had seen this watch the day before—this watch key is not mine, nor this little book.
Cross-examined by MR. PARNELL. Q. Were these among the things that were taken down to the cellar? A. They were in the room, and were put into a box—I did not see them in the cellar, but I saw them go down towards the cellar—they told me they would take them down—Moody gave me a dress, and a few things for myself—I know this card-rack had been hanging up, and I know it is my aunt's—it is a French thing—I know he took it down—we had two padlocks like these—I know these things are my aunt's—(Wood here pointed out to the witness the things found at Moody's)— these are mine—I have one at home like this toilet cover—I know my aunt used to wear this shawl—this blue furniture was on our bed—my aunt has got other neck ties like these two—my aunt wore these—my aunt now lives at No. 81, Newman-street—she came here with me this morning—I am living with her—I forget when she came from France—she had about six of these
reels—I do not know the value of them—this book is the first thing I pitched upon in the shop—I had seen the reels in the window before—I looked at several books.
JOSEPHINE LEBAS (through an interpreter). I know all these things to be my property—I saw them in my place before I left, about the month of May—this shawl is mine—I have worn it—this card-rack came from Paris and this pair of scales.
Cross-examined by MR. PARNELL. Q. Have you any other name than Josephine Lebas? A. No; I am not married.
Cross-examined by MR. COCKLE. Q. How long have you been in England? A. I returned on 23rd June—these reels of gold are for embroidering—these are worth about 2s. each—some are dearer—I cannot tell how many I had in my house when I left—there might be eight or ten.
(The prisoners received good characters.)
GEORGE MOODY— NOT GUILTY .
JONES— GUILTY . Aged 22.— Confined Six Months.
MARY ANN MOODY— GUILTY . Aged 44.— Confined Three Months.
GUILTY .** Aged 15.— Confined Three Months.
GUILTY . Aged 15.—Recommended to mercy by the Prosecutor.
( The prisoner received a good character', and a gentleman engaged to employ him.)— Confined Fourteen Days
GUILTY . Aged 26.— Confined Twelve Months.
GUILTY .** Aged 16.— Confined Three Months and Whipped.
GUILTY .* Aged 20.— Confined Six Months.
NEW COURT.—Tuesday, August 20th, 1850.
Before Russell Gurney, Esq. and the Sixth Jury.
GUILTY . Aged 32.— Confined One Month.
GUILTY .— Transported for Seven Years.
GUILTY .— Transported for Seven Years.
GUILTY . Aged 35.— Confined Two Months.
MESSRS. ELLIS and M'GUIRE conducted the Prosecution.
ANN EVANS . I am the wife of Joseph Evans, of the Goat public-house, in High-street, Kensington. On 10th July, the two prisoners came about seven o'clock in the evening—Polhill called for a pint of porter, and put a shilling on the counter—I told him it was bad—I took it up and tried it—he made no reply—I then went to call my husband out of the yard, and when I came back Polhill was at the door, leaving—M'Donald remained for a short time and called for half-a-pint of beer, for which he gave me a good penny—I put the shilling which Polhill gave me on a shelf behind me—there was no other money there—I marked it, and gave it to the policeman—this is it.
—LOWE (policeman, T 63). I produce this shilling, which I received from Mrs. Evans.
JAMES CLINCH . I kept the Greyhound beer-shop. On 10th July, about a quarter-past eight o'clock in the evening, the two prisoners came in together—M'Donald called for a pint of beer, and put a shilling on the counter—I gave him a sixpence, and a 4d.-piece out—they drank the beer between them—I put the shilling into my left trowsers pocket where I had a half-crown, and three or four sixpences, but no other shilling—there were some bricklayers' labourers having a pint of beer—Polhill tossed with one of them for a pot of beer, and the bricklayer lost it, but Polhill said, "Never mind I will pay for it," and he put down a shilling on the counter—I gave the pot of beer, and gave him a sixpence, and twopence change out of the shilling—I put that shilling in my mouth, and it gave in my mouth—I said to Polhill, "This is a bad one"—he said, "I received it from my pay-sergeant, and if it is bad I have got no more money"—I said, "Give me back my chang"—I gave him the shilling back, and he passed it round to the persons there, and they all said it was good—M'Donald then put his hand into his pocket, and gave me another shilling—I gave him 8d. change, and put that shilling into my left-hand pocket, where I had put the other shilling—I then went into the bar parlour, and took the shillings out of my pocket, and tried them between my teeth—I found they were both bad, and went out to look for a policeman—in the meantime the prisoners had left—I went after them, and gave them in charge—I kept the two shillings till I got to the station, and gave them to the policeman.
M'Donald. I only gave one shilling in the house? Witness. Yes; you gave two.
POLHILL— GUILTY .* Aged 23.— Confined Twelve Months.
M'DONALD— GUILTY . Aged 24.— Confined Three Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN ARNOLD . I am servant to Mr. Elliott, an upholsterer, in Longalley. On 30th July I went to receive 3s. 6d. rent, which was due from the prisoner to my master—she only gave me a half-crown and a sixpence—I took it to my mistress, who said that the half-crown was bad—I went back to the prisoner to tell her, but she was not at home—I afterwards saw her, and she said she would make it up to my mistress—I took the half-crown back to my mistress, and afterwards saw it given to the policeman—it was not out of my sight.
THOMAS ELLIOTT . The prisoner was my tenant—Arnold went to receive the rent of her, but I was out—I did not see the half-crown till the next day —it was then in a drawer in the coffee-mill, on the mantel-piece—I examined it, and found it bad—Arnold was not present when I looked at it—after I examined it, it was put into the drawer of the coffee-mill, and was there till the policeman received it, on 11th Aug.
ANN ARNOLD re-examined. When I took the half-crown to my mistress, she put a mark on it, and it was then put into the coffee-mill drawer—this is it—this is the mark I saw my mistress put on it—I took it to the prisoner the next morning, and then it was put into the drawer again—my mistress made the mark on it the same day that I took it—she bit it.
THOMAS ELLIOTT re-examined. On 11th Aug. I went to the prisoner for rent—I received from her 3s. 6d. worth of copper—when I got outside the door, I examined the shillings, and found two of them were bad—the top one was good—it was the same date and reign as the others, but the other two were bad—I returned to the prisoner with two policemen—the policeman told her the two shillings I had taken were bad—she did not say anything—I gave her into custody, and gave the two bad shillings to Martin.
Prisoner. I said I did not know it was bad. Witness. I believe she did say so.
GEORGE MARTIN (policeman, G 245). I received this half-crown and these two shillings from Mr. Elliott, on 11th Aug.—I went to the prisoner lodging, and she was given into custody—I saw a blue vapour rising from the fire, and I said to her, "There has been metal passed through that fire within a minute or two"—I saw some little white bubbles of metal—I saw some part of it on the ashes—I have got a part of it here.
Prisoner. It was the saucepan had run. Witness. There was a large saucepan full of water on the fire, but there was nothing about the saucepan that would have caused this metal to be in the fire—there was so large a quantity of the metal—if it had been possible to have got it out, I should say there were two or three ounces—it was in such small pieces it was impossible to collect it—I did not find any metal about the room.
WIILIAM WEBSTER . This half-crown is bad, and these two shillings are bad, and from one mould—this metal is very similar to the metal the coin it made of; it might have come from the soldering part of the saucepan—if it had not been full of water, the solder might run—I should think there would not have been so much as two ounces of solder in the saucepan—I have now examined this metal with a penknife, and I think I can say it is the same metal as the coins are made of.
GUILTY . Aged 38.— Confined Three Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES CROSS BUTCHER . I keep a public-house in Great Wild-street On Thursday, 11th July, the prisoner came about eleven o'clock in the evening for a pint of fourpenny ale—she gave me a shilling—I put it into my waistcoat pocket to keep it distinct, having noticed it—the prisoner was just going out, there was a crowd, and I did not follow her—I marked the shilling in the presence of one officer, and gave it to another officer—it had never been out of my sight till I gave it to the officer—my wife is very ill, and not able to leave her room.
Prisoner. Q. What time did I come to your house? A. You came two or three times that day, and several times during the week—I took seven bad shillings that week—I produced a shilling against you at the first examination —I did not go to the gas-light and mark the shilling that I gave to the officer.
ROBERT KEEBLE (policeman, F 89). I apprehended the prisoner—I received this shilling from Mrs. Butcher, and this from Mr. Butcher—the prisoner was searched, and nothing found on her—I was present at the examination, and heard Mary Butcher give her evidence; the prisoner was present and heard it; it was taken down in writing in presence of the prisoner—the prisoner cross-examined Mrs. Butcher—(read—"Mary Butcher on her oath, says, I am the wife of the prosecutor. On Friday evening last, 12th July, the prisoner came and called for a pint of fourpenny ale, which I served her with; in payment, she tendered a counterfeit shilling; I said immediately it was a bad one, and called my husband, who recognized her directly, and sent for an officer, and gave her into custody—I delivered the shilling she tendered me to the constable.")
GUILTY . Aged 24.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ELIZABETH SHINKFIELD . My husband is a licensed-victualler, in Upper Thames-street. On 24th July, the prisoner came to my house about the middle of the day, for half a pint of beer—I served him, and he gave me a bad shilling, but I did not know it was bad when 1 took it—I gave him change, and he left—I put the shilling in the till, where I had no other money—in a few minutes I took it out, wrapped it up in paper, and put it by itself in a drawer at the back of the till—I saw the prisoner again at the latter end of July or the beginning of August—he came about three o'clock in the afternoon, for half a pint of beer, and gave me a shilling—I gave him change, and put that shilling in the till; there was no other there—shortly after he left, my daughter called my attention to that shilling—I took it out of the till, looked at it, and made a cross on it—it was a bad one—I placed it in the same paper with the other—on Friday, 9th Aug., the prisoner came
again about dinnertime, for half a pint of beer—my daughter served him, and he gave her a shilling, she bit it, and laid it down on the counter—the prisoner took it up and swallowed it—an officer was sent for—I collared the prisoner, and took the beer out of his hand—he took the silk handkerchief off his neck, and offered it to me if I would let him go, and said he would make up the money—the officer came, and I gave him the other two shillings which I had received from the prisoner.
Cross-examined by MR. PAYNE. Q. You did not recognise him when be came the second time? A. Not till after he was gone—my daughter is not here—she is in her confinement.
JOSEPH COMBER KNIGHT (City-policeman, 437). I was present at the Guildhall Justice-room when Caroline Wilkins was examined—the prisoner had the opportunity of cross-examining her if he thought fit—this is the signature of Mr. Ald. Hunter to this deposition—I took the prisoner on 9th Aug. at Mrs. Shinkfield's—he was given into custody for passing a counterfeit shilling, which she said he had swallowed—I asked if he had passed anything previously—she said, "He has; here are two bad shillings, which I can swear he has passed," and she gave them to me—these are them—the prisoner made no remark—I took him to the station—I found on him this tobacco-box, one farthing, and a knife—no other money—(Deposition read—"Caroline Wilkins on her oath, says, I am the wife of William Wilkins, and live with my mother, Mrs. Shinkfield; in the afternoon of one day last week, I went to the till, and found a bad shilling in it; it was the only shilling that was there—I gave it to my mother who was standing by; the prisoner came on Tuesday afternoon last, he had half a pint of porter, and threw down a new shilling; I took it up and bit it; I found it bad, and threw it down, and he took it up and swallowed it; he said he had only swallowed a bit of tobacco.")
GUILTY .*— Confined Nine Months.
DANIEL OSWALD . I live in John-street, Islington, and am a boot-maker. On 13th July I was walking in Barbican, about nine o'clock in the morning—I felt my handkerchief drawn out of my pocket—I turned round, and saw my handkerchief in the prisoner's hand—I gave him in charge—this is my handkerehief.
GUILTY .* Aged 20.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
RICHARD SMITH . I am in partnership with Mr. Morgan; we are corndealers in White Lion-street, Pentonville—a man named Perkins was in our service—I knew the prisoner; he had been a customer of ours previous to 8th April—my partner and he had had a discussion about an amount that was owing to us—in consequence of what had passed, I had given directions to Perkins with reference to Lovejoy—my partner received information from a neighbour—he told me, and in consequence of that I went to a place to watch on 8th April—at half-past seven o'clock, I saw a cart driven by Lovejoy come up to my place of business—it stopped opposite the shop—Lovejoy got out of the cart, and went into the shop, and I saw him talking to Perkins—after he had talked to
Perkins, he came out—he had nothing with him, but Perkins went up in the loft, and threw down a truss of hay, and a truss of clover, which Lovejoy placed in the cart—Lovejoy then went into the shop, and brought out a sack on his back—Perkins came down from the loft, went into the cellar, and brought up a truss of straw, which he placed in Lovejoy's cart—if Perkins had sold these things to Lovejoy in the ordinary way, it would have been his duty to have put them on the slate which we have for that purpose—he had no authority to sell goods to Lovejoy on credit—it would have been his duty to have had the money, or not to have parted with the goods—there was no money passed between them that I could see—after Lovejoy had got these things in his cart, I went down to the person who had communicated to us, and I saw Lovejoy come past, and drive down a mews—I did not follow him, but I went to our shop and took the slate, and seeing there was no entry on it, I spoke to Perkins—he did not give me any account of any transaction with Lovejoy—he did not pay me any money—there was 2s. 1d. in the till—the amount of the things Lovejoy had, was 12s. or 13s.—I gave Perkins into custody, and he was taken before the Magistrate—Lovejoy was in court on the first occasion—he was bound over, and directed to attend on the next occasion—I think his solicitor was to be answerable for bit attendance—I was before the Magistrate on the second examination; I did not see Lovejoy then—Perkins was committed, and has been convicted—I never saw Lovejoy again till he was taken into custody by the officer.
Cross-examined by MR. CLARKSON. Q. Lovejoy was never summoned, was he? A. I do not know whether he was or not; he was asked for—he was not summoned, or any warrant issued against him, to my knowledge—in March, 1850, he paid us a balance due to us—if Lovejoy had paid money to Perkins on this occasion, I could not have seen it unless it had been paid outside the door.
MR. BALLANTINE. Q. How long had that been due? A. Fifteen or sixteen months—we had applied for it several times—he had had some things on credit before that.
ROBERT JAMES . I live in Whiteconduit-terrace, Islington, near to Messrs. Smith and Morgan, and in the neighbourhood of Lovejoy's premises—there is a public-house opposite where I live, called the King of Denmark—I had noticed Lovejoy frequently there for some two months previous to 8th April—he was generally with Perkins—they generally met at the door, and went in together—I was watching with Mr. Smith on 8th April—I saw Lovejoy's cart go by—I went and watched it down the Mews—Lovejoy is a greengrocer and fruiterer—he has a large shop in Copenhagen-street—I had seen him at Mr. Smith's on three several occasions—be went to the shop, and communicated with Perkins—that was on two Mondayt and one Friday—he came about seven o'clock in the morning.
WILLIAM MORGAN . I am partner with Mr. Smith. The last transaction on which Lovejoy had anything on credit, was in March, 1849, when he had to the amount of 2s. 6d.—he never had anything to a great amount, either on credit or paid for—I had given direction to Perkins with reference to Lovejoy—I am a salesman, and am compelled to be at Smith field Market on Mondays and Fridays—that took me away from five o'clock in the morning till four in the afternoon—Perkins was given into custody on Monday, 8th April, and on the Tuesday I went with an officer to a stable of Lovejoy's, in Barnsbury-mews—I found one of my sacks there, with barley in it of the same description as we sell—I knew the sack; it was one of mine—Lovejoy had never purchased that barley of me—I found there a truss of meadowagain
a truss of clover, and a truss of straw—they were similar to what we sell—I had not sold any such to Lovejoy—these things were worth about 15s.—when I go to market, my partner attends at the shop—he generally comes at eight o'clock in the morning, seldom or ever before.
Cross-examined. Q. I believe your shop opens about six o'clock? A. From six to half-past—there was a balance of 1l. paid to us by Lovejoy in March, 1850, after we had applied repeatedly for it, and he then had a bushel of oats.
MR. BALLANTINE. Q. Can you tell of what particulars that 1l. was made up? A. The amount was 2l. 3s.—part of it was for some bricks that he had at the time of some alterations—there was 8s. for bricks, and the rest was for corn.
EDWARD BARBER (police-sergeant, N 9). I took Perkins into custody—he was tried on 13th May—I was in search of Lovejoy from the moment I took Perkins—after Perkins was committed, Lovejoy did not appear—he appeared on one occasion, and not on the other—I went in search of him—I went to his shop two or three times; I did not find him—a man who is in his employ was carrying on the business—I at last took him from information I received, at Henley-on-Thames, on 12th July—he was about stepping into a boat—I do not know whether he had any house there—he said, "Very well, I will come with you; I am ready to meet any charge that Smith and Morgan can bring against me; I am not without friends, who have got me out of other troubles, and no doubt I shall get out of this; had it not been for that d——d old Wooller, I should have appeared on the second examination; he persuaded me not."
Cross-examined. Q. There was no examination of Lovejoy before the Magistrate? A. No, there was not—he was taken on the certificate of a bill found—he was on the second occasion outside the Court—he never was summoned—there was no warrant against him till after Perkins had been disposed of—I received the warrant on 11th July, and on the 12th I took him.
(The prisoner received a good character.)
NOT GUILTY .
(There were three other indictments against the prisoner, on which no evidence was offered.)
MR. COOPER conducted the Prosecution.
THOMAS MACHIN . I am a grocer, and live in High-street, Deptford. I paid the prisoner on the 11th March, two sums of money amounting to 13l. 16s. 6d. on account of Messrs. Philpott and Bullivant—these are the receipts the prisoner signed in my presence—I paid him at the counting-house.
EDWARD JAMES . I am a grocer, and live at Hampton-wick. On 4th June I gave Mr. Miles, the carrier, 14l. 1s., for Messrs. Philpotts and Bullivant, and on the following morning I received this receipt which is the prisoner's handwriting—I have seen him write frequently.
ROBERT REED . I am in the employ of Mr. Miles, the carrier. On 4th June, I received 14l. 1s. 4d. to be paid to Messrs. Philpott and Bullivant—I took the money to the prisoner, and he gave me a receipt for it, which I took to Mr. Miles.
JOHN PHILPOTT . I am in partnership with Mr. Francis Ballivant—the prisoner was clerk and ledger-keeper in our employ—he was authorised to receive money on our account at any time—this hook is kept by all the parties in the establishment—the prisoner has given credit here for 7l. 16s., received on 11th March, from Mr. Machin, of Deptford, but not for the other sum—he has not given credit for the sum paid by Mr. James—he has never paid that sum to me, or the other sum received from Mr. Machin.
Cross-examined by MR. ROBINSON. Q. Have you any other name than John Philpott? A. No; we had four clerks in our establishment at that time—I am occasionally out of town, but I was there at the time this was discovered—I was not there on 11 th March, or on 4th June—when the prisoner received money it was his duty to enter it in the book, and to pay it—the entry of 7l. 16s. is here—if it is said in the deposition to be 7l. 6s. it was a mistake of the clerk—I have not said it was 7l. 6s.—I have frequently found mistakes, that money has been received and not entered—I have found at the end of a month on adding up the books that a larger amount of money has been on hand than was accounted for by the books, there has been no entry of it in this book, but it has been entered in our private cash-book—that has occurred occasionally, once or twice in a month—if an amount is over during the week, we put that down as being too much cash in the private cash-book, therefore it is always known the exact amount that is over, and we find out in a little time who paid it in—we find it out by recollection frequently, that a customer has paid his account when it has not been entered—I was at Jersey and Guernsey ten days in March—I was not there between March and June—the prisoner was in our service between three and four years—we found him at his lodging—he was apprehended five weeks after the occurrence was known—it was known on the 17th June—Mr. Bullivant was made acquainted with it on the 18th June—the prisoner was found where he had been living for six weeks or two months—Mr. Bullivant and myself are not always in the business—sometimes we are neither of us at home—we are never absent from London together—Mr. Williams was considered the superior in our establishment, and there were three others.
(The prisoner received a good character).
NOT GUILTY .
WILLIAM ANSELL . I am a labourer, and live at Tottenham. On 3rd Aug., I was at the Three Tuns, about eleven o'clock at night—I saw the prisoner there—I gave him my waistcoat to hold, and I saw him take the tobacco-box out of the pocket—I asked him for it, and he told me to go somewhere else—I said if he did not give it me I would get a policeman, and as soon as he saw my back turned he cut away out of the house directly.
Cross-examined by MR. O'BRIEN. Q. How long had you been there? A. Not more than a quarter of an hour—I cannot say how many persons were there—the landlord was not in the room—I did not know any of the persons—I had been there before—I had seen the prisoner before—I did not remain in the public-house two minutes after the tobacco-box went—I asked the prisoner for it, and he told me to go somewhere else—I went out, and the prisoner was taken—I had taken nothing before I got there—I spoke to the landlord before I left the house to go after the policeman—I cannot say whether there was a pot-boy there—I was not quarrelling—I did not throw off my waistcoat to fight—I went through the yard of the public house the next morning—I did not go into the house—I did not go look for the tobacco
box, because I saw the prisoner take it—I went to see a young man who I thought was there, a young man I know, I cannot say his name—I have not been drinking to-day—I cannot say what time it was the next morning that I went there—I should think it was between nine and ten—I saw the potboy cleaning the yard—he was not the person I went to see—I went to see a young man who had promised to meet me there—I had seen him on the Friday night before, at the Angel tap, and made an appointment to meet him there on the Sunday morning—I did not inquire about my tobacco-box on the Sunday morning, either of the potboy or the landlord—I had pulled off my waistcoat to try another waistcoat on—a man who was hawking them about was there—I had never seen him before.
COURT. Q. What were the coins you had in your box? A. Five shillings, a half-crown, and a sixpence.
Cross-examined. Q. Did you pay for the pint of beer that night? A. Yes; I did—that was before the tobacco-box was taken—I paid a sixpence, and had a 4d.-piece out.
JESSE LAWRENCE (policeman, N 398). Ansell applied to me on the night of 3rd Aug.—I took the prisoner at his own house—I knew him from the description—I told him he was charged with stealing a tobacco-box, containing 8s from a man named Ansell, at the Three Tuns—he said he would go with me—I found on him a half-crown, one shilling, and twopence.
Cross-examined. Q. Was he in bed? A. No; he lives about a quarter of a mile from the public-house—I saw the prosecutor in the street looking for a policeman—I did not go to the public-house—it was closed—I saw the landlord at the police-office, as a witness for the prisoner—he was not examined—the potboy was there, but was not examined.
Witness for the Defence.
JOHN CLIFTON . I am a brick burner. I recollect seeing the prisoner on 3rd July, at the Wagon and Horses, at Tottenham—I paid him 9s. 4d. for a day and a quarter's work, at the rate of 8s. a dBy, and his beer came to 8d.—I cannot say what day he worked for me—I employ eight or nine persons—they do not all have so much as he does—they run the bricks up to him, and he hands them up to me.
COURT. Q. Do you recollect in what money you paid him? A. Yes; two sixpences, three shillings, two half-crowns, and fourpence in halfpence.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JOHN EMARY . I am a gutta-percha manufacturer, of Gracecburch-street. The prisoner came to my shop on 11th Jan.—I was in the back-parlour, and was fetched out—I went into the shop—there was a gutta-percha watch-stand in the shop, and an old gold watch in it, which was mine, and worth about 25s.—the prisoner wished to purchase the watch with the stand—I told him it was not for sale, I would not sell it at any price—he took the inside of the watch out—it was a single case—he laid the works down on the counter, looked at the case, and pretended it was of no value, and pretended by his gestures to throw it into the street, but I saw him pass it into his pocket—he stood close by the door—he then came back to the counter, and said he would take the stand at the price I asked for it, as I was not willing to sell the watch—I asked him 7s. or 7s. 6d. for the stand—he said, "Put it in paper, I will go in next door," and went out—I hastened round the counter to follow him into the street—I lost sight of him—I did not see him again
till he was in custody, four weeks ago—I knew him again—he was in the shop five or ten minutes—Parsons was in the shop the greater part of the time.
Cross-examined by MR. PARNELL. Q. What time was it? A. Between ten and eleven o'clock in the morning—I knew the prisoner directly I saw him in the dock—he was in the same dress in which he came to my house, or very similar—my counter comes quite to the door—I did not suspect him when he put it into his pocket—I did not think I had made a mistake—it was my son's watch, I took charge of it six or eight months.
THOMAS PARSONS . I was shopman to Mr. Emary, in Jan. last I remember the watch being in the gutta-percha stand—the prisoner came in, and inquired for a pair of soles—he wanted to buy the watch-stand, I told him it was not for sale—I went to Mr. Emary—I then had to go out, and left the prisoner in the shop—I did not see him again till July, in Bishopsgate-street—I knew him, and told a policeman, and he took him—I saw him in the shop five or six minutes.
Cross-examined. Q. You were not quite sure when you first saw him? A. I was quite sure, but I told the policeman I was not quite certain about him because I went to the policeman before I went quite close to the prisoner—when I got quite close, I was certain—I had seen him before, on Monday night—I saw him further down in Bishopsgate-street, but missed him then.
Cross-examined. Q. Did you know the prisoner? A. Yes, being about Bishopsgate-street these eighteen months—he gets his living by hawking.
(The prisoner received a good character.)
NOT GUILTY .
LAWRENCE LAZARUS . I am in the service of David Gideon, of Uxbridge. On 1st Aug., between twelve and one o'clock, the prisoner came into the shop with four others—he bought a cap, which came to 6d.—he paid me for it—the next day the constable came—I examined the stock, and missed a pair of trowsers—I saw them safe at eleven—these are them.
REBECCA BARTLETT . I am the wife of William Bartlett, a publican. On 1st Aug. the prisoner came and asked for a lodging—he gave me a bundle—he officer came, and I gave the bundle to him—I saw it opened—these trowsers were in it.
JOHN HOWE . I am constable of Iver. I received information, and took the prisoner—I asked him if he had any clothes or any bundle—he said, "No"—I said, "Is not this your handkerchief?"—he said, "Yes"—I opened it, and said, "How did you come by these trowers?"—he said, "They are not mine"—he afterwards said he bought them on the road—the next morning he said he did not steal them, but the other party did, and he purchased them of him.
GUILTY . Aged 20.— Confined Three Months.
JAMES BRETT (City-policeman, 13). On Saturday night, 10th Aug., I went to Mr. Higginbotham's, at the European Tavern—I saw the prisoner there—I told him, from information, I believed he was robbing Mr. Higginbotham
—he said, "I have nothing but what is my own"—I searched him, but found nothing—I said, "You must go with me to your lodgings, I must search them"—he said, "You will find nothing there but what belongs to me"—I went with the prisoner, Mr. Higginbotham, and another officer to his lodgings, at Islington—I asked him which was his room, he showed it to me—I found there a great many table-napkins and towels—I selected from them twelve napkins and one towel marked with Mr. Higginbotham's name—I found some in an adjoining room, which belonged to the prisoner's brother's wife—I asked her, in the prisoner's presence, if they were hers—she said, "No"—I then asked the prisoner how he accounted for the property— he said, "I must have brought them in my pocket, and forgotten to take them back"—I said, "Is it proper for you to bring them away?"—he said, "No, I know it is wrong"—there were also some which had the marks taken out—they had been rubbed where the marks had been—there were long streaks, and some had been rubbed into holes where the name had been written in ink.
CHARLES HIGGINBOTHAM . I keep the European Tavern, in Mansion-house-street. The prisoner was in my service twelve months—I went with the officer to his lodging", and saw these articles, which have the mark of my house on them—no articles with my name on, have been parted with by me—the prisoner was not allowed to take them away—there were a great many articles at his lodging, on which the marks had been obliterated, but I desired the officers not to take any but what had the name on—these dishes produced are mine—they are made on purpose for me.
Prisoner's Defence. I took the cloths with a bit of supper occasionally, not with the intention of keeping them; I intended to bring them back.
GUILTY . Aged 24.— Confined Twelve Months.
ANN HAMES . I am the wife of Charles Hames. We keep a beer-shop at Hillingdon—the prisoner came there about half-past three o'clock on 5th Aug.—he asked for some beer and bread and cheese—I took it in in this plate and knife (produced)—he went away, and as soon as he was gone I missed the plate and the knife—I sent Clarke after him.
BENJAMIN CLARKE . I went after the prisoner, and overtook him about 150 yards off—I asked him for the knife and plate he took from Mrs. Hames—he told me he had no such things about him—I told him if he did not give them up, I should go for a policeman—in two or three minutes he threw this plate from him on the ground; I took it up—I then walked with him halfway to Hillingdon—I still asked him to give me the knife—he ran on, and soon afterwards the policeman overtook me—I went with him, and found the prisoner concealed behind a tree—the officer found the knife on him—he had not been out of my sight two minutes—he was not sober.
Prisoner. I was not sober; this very man put the things into my possession.
WILLIAM NEWLAND (police-sergeant, T 39). I found the prisoner behind a tree—I asked him for the knife—he said he had no knife—I found this knife in his pocket—he offered me a shilling to take no notice of it—he was very violent—he had been drinking, but he ran a quarter of a mile before I caught him.
GUILTY . Aged 55.— Confined Fourteen Days.
OLD COURT.—Wednesday, August 21st, 1850.
Before Russell Gurney, Esq. and the Fourth Jury.
GUILTY . Aged 67.— Confined Twelve Months.
(There was another indictment against the prisoner for a like offence, upon which MR. HUDDLESTON offered no evidence.)
1389. JOHN WILLIAMSON , burglariously breaking and entering the dwelling-house of George Watkinson, and stealing 1 pair of boots, and a work box, value 10s., 4 half-crowns, and other moneys; his property: to which he pleaded
GUILTY . Aged 23.— Confined Twelve Months.
1390. In the case of THOMAS WILLIAM TURNER DOWERS , charged with stealing 2 spoons, value 17s., the goods of Isaac Argent; upon the evidence of Mr. McMurdo, surgeon of Newgate, and Mr. Sewell, assistant-surgeon, the Jury found him of unsound mind, and incapable of pleading : Ordered to be detained till Her Majesty's pleasure be known.
Before Mr. Baron Platt.
MR. W. J. PAYNE conducted the Prosecution.
WILLIAM FREETH . I live at 6, Galloway-street, St. Luke's—the deceased Thomas Osborn lodged in my house—on 8 th July he came to me at my club, at the Island Queen public-house, about half-past eleven o'clock, and asked for the key—I refused to let him have it, as he was a little the worse for drink, and asked him to come home—he agreed to do so—we were rather the worse for liquor, and were sparring about at the Island Queen—we left there a little before twelve—when we got outside, Osborn wished to spar with the prisoner—the prisoner did not want to do anything of the kind—a policeman came up and dispersed them, and the prisoner seized Osborn round the arms and body, and carried him over the Canal-bridge, in the Wharf-road—that was to get him home—Osborn then accused him of attempting to put his fingers in his pocket, and said he would fight any man—the prisoner said it was no such thing—Osborn would fight; the prisoner did not care to do so—at last he said, "Well, if I must fight I must;" so he gave him one, two, with both hands, and Osborn said, "That is a nice one; that is a beauty; come on again;" so he had one more hit at him, knocked him backwards, and he fell with the back of his head on the kerb—he was picked up, and the prisoner assisted him part of the way home with me, after a policeman had come up, and taken his address—I left them for a minute, and when I came back the prisoner was undoing Osborn's smallclothes, and I saw him draw his arm back as if putting something into his pocket—I immediately accused him of attempting to rob him—he said, "No such thing"—I examined Osborn's pockets, and found 2d., a key, and a pencil-case—the prisoner made a move on one side, and ran away, and I saw no more of him.
GEORGE HENRY KIDDELL (policeman, G 97). I saw the deceased with Freeth, leaning against the railing, in Wharf-road, bleeding from a wound in the back of the head—I took him to the station, and charged him with being drunk and incapable—he was discharged next morning.
GEORGE MILLER GIBB (police-inspector, G). The deceased was brought to the station about a quarter-past two o'clock on this morning—he was bleeding from a wound on the head—I sent for Mr. Mather, the police-surgeon, and saw him examine his head—he said he thought there was not much the matter—he complained of pain in the head.
MARY TARRANT . I live at the Three Tons, Horsleydown. I knew the deceased, Thomas Osborn, he was a shoemaker—I live at his father's house—he came home on 10th July—I sent for Mr. Greenwood, who attended him till 19th, when he died.
HENRY GREENWOOD , Esq., M.D. I was called to see the deceased on 11th July—he seemed to have received some serious blow on the head—he was in a semi-comotose state—I found a very small wound on the back of the head—there was no external evidence of any fracture—I saw him up to the Friday, when he died—I then made a post mortem examination—I found the occipital bone was fractured, or fissured, from the top to the bottom, and the anterior lobes of the brain on each side were torn; that was the result of a counter-stroke of the blow received behind—the cause of death was inflammation of the brain, resulting from the injury to the skull—he died with epileptic fits—a fall would cause the injuries that I saw.
Prisoner's Defence. I am very sorry for the accident that has happened; but according to the witness's statement, I tried all in my power to prevent any fighting; he would keep on sparring, and shoving, and pushing me about, and would not leave me alone; he would insist on striking me; I did not strike him with any intention of doing him any bodily harm.
GUILTY.—Strongly recommended to mercy on account of the provocation
he received.— Fined One Shilling and discharged
GUILTY , and received a good character. Recommended to mercy by the
Prosecutor. Aged 35.— Confined Six Months.
Before Mr. Baron Platt and the First Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JAMES WILLIAMS . I am deputy-governor of the York convict hulk, at Gosport—I produce a certificate of the prisoner's conviction here—(read—Convicted April, 1848, of stealing seven 10l.-notes; sentenced to be transported for seven years)—he was sent on board the hulk at Gosport on 8th Jan., 1849—he served seven months and thirteen days, and then received this conditional pardon, signed by Her Majesty—(this being read, was a pardon to the prisoner, upon the condition of his quitting the kingdom within thirty days, and not returning till after the expiration of his sentence)—it was explained to the prisoner—he is a German—he was shipped in the Johanna, for Hamburgh, by me, and his passage paid; we also provided him with a passport.
Prisoner. They told me it was a free pardon. Witness. I was present when the governor explained it, and I explained it myself—he perfectly understood it.
ROBINSON WEBB . I was in the City-police—I took the prisoner, and he was tried in April, 1848, for stealing seven 10l. notes—I heard him sentenced to be transported for seven years—I knew him by sight before—he has been in this country some years, but speaks English very imperfectly; it was necessary to have an interpreter before the Magistrate.
JAMES BRADLEY . I am one of the officers of the Mansion-house—I apprehended the prisoner there on 10th July—he showed me this free pardon, which he had in his hand—I took him to the Home-office—(a certificate from the hulk was here read, to the effect that the prisoner was discharged in consequence of having received a free pardon;—The prisoner's statement before the Magistrate was read, as follows:—"I wish to explain, and you will take it as evidence against me, this passport was given me, and this certificate; I was informed that it was a conditional pardon; I went to Hamburgh, and the authorities said I had lost my right to my privileges there; but if I have done wrong, I am willing to put up with the punishment, heavy as it may be.")
Prisoner's Defence. I am innocent of what I was transported for; I came back here because the authorities said if I did not go back they would send me back.
GUILTY . Aged 57.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
PATRICK QUEGLEY . I am a labourer, at Southgate. On Sunday night, 28th July, I was drinking with the prisoners at the Crown—I left a few minutes before twelve o'clock, and went towards my master's house—the prisoners came up to me—I spoke to Speering, and said, "James, where are you going?"—he said, "I want your money"—I said, "Do you mean that? I have very little money about me, and I work very hard, and I wont part with it"—he struck me, and then I knocked him down—Rogers then knocked me down, and Speering laid on me while Rogers cut my pocket out with a jack-knife like this(produced)—it had a half-sovereign and 15s. in it—they weut towards the town—I was afraid to follow them—I went into a field and stopped there all night, and went into the village at daylight—I had seen the money at eleven—10s. of it was wrapped up in an address, which my master had given me to take to America, and the prisoners bet a pot of beer I could not produce another 10s.; I did so, and won the beer—in going to the station Speering said he would give me a little money to go along the road, if I would let him go.
Cross-examined by MR. WOOLLETT. Q. You paid for the beer you won? A. Yes; I was determined to treat them well, as they had treated me—I had dined at that public-house, and had gone to several others, and afterwards back to the Crown after church-time, and met the prisoners there—I was rather drunk—I did not go to sleep in the field.
ROBERT BAINES (policeman, N 367). I am stationed at Southgate. On 29th July, Quegley complained to me, and I took Speering in charge—on the way to the station I heard him say to Quegley, that he would give him some money to go on the road with, if he would not be hard with him—I searched him, and found four pence and this knife—he said he was at home in bed by half-past nine o'clock—I afterwards went with Emery to Speering's lodgings—I knew him before—I saw Emery find in a box, which the landlord pointed out, four half-crowns and sixpence.
he said it was a lie—in going to the station, he said he had not carried a knife for four months—I searched him, and found this knife in his jacket—he said he was in bed at a quarter to ten on Sunday night.
SARAH GENTLE . I live at Southgate. Rogers lodged at my house—on Sunday, 28th July, I went to bed at a little after eleven o'clock—he had not come home then—I heard somebody come home soon after midnight, but three of ray lodgers were out.
Cross-examined. Q. You do not say he did not come in? A. I know he did—he could not have come home before I went to bed without my knowing it.
SPEERING— GUILTY . Aged 18.
ROGERS— GUILTY . Aged 24.
Transported for Ten Years
Before Mr. Baron Plait and the Fourth Jury.
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution.
JAMES INGHAM . I am a wine-porter, of 3, Charlotte-court, Whitechapel. On 23rd July the prisoner gave me this order (produced), at a public-house in Dark-house-lane, Billingsgate, and told me to bring him the samples there—I took the order to the proper officer at the docks—he marked it, and I took it to the vaults and got twelve sample-bottles—as I came away, Dix stopped me, and I went with him to the house in Darkhouse-lane—I went up-stairs to the second-floor, put the wine at the prisoner's feet, and said, "There is wine"—Dix was close behind me—he came into the room, and asked him if he knew anything of the wine—he said no, he knew nothing of the order or of the wine—he was taken to the constable's room in the docks—he then said, "It is a pity to hurt that poor fellow," meaning me, "I did give him the order; he is innocent"
Cross-examined by MR. HUDDLESTON. Q. Do you know a man named Harding? A. I have had a description of him, and think I have seen him once, perhaps twice—I did not see him when the prisoner gave me the order—he did not mention Harding—no one was present.
GEORGE DIX . I am a constable of the London Docks—I stopped Ingham with these twelve samples (produced)—they leave the docks without paying the duty, it is settled afterwards—I followed Ingham up-stairs, and heard the prisoner say, "Good God! who is that?"—I was behind the door—Ingbam put the wine down—I went in, and said, "Is that your wine, sir?"—he said, "Mine? no"—I said, "Did you not give orders to that person to draw these samples?"—he said, "I mean I know nothing about it"—I said, "I think you do; I am a constable, and you must go with me"—I took him to the docks—he there said, "I should be very sorry to injure that poor man; I did give him the order."
SAMUEL SKEY . I am a cooper in the London Docks. On 23rd July, Ingham presented this order to me—I gave him the samples—a tasting order is turned into a sampling order by altering the word "tasting" to "sampling."
Cross-examined. Q. A great many orders are presented in the course of the day? A. Yes; I take no order without the authority of the initials.
Brano, Silver and Son, wine-merchants, of Crutched-friars. About 15th July, the prisoner came and told me be wanted fifteen or twenty pipes of port wine, to ship for Australia—I asked who he was, and he produced this card, "Harvey, Harding and Co., New City Chambers, Bishopsgate street, London"—(Samuel Jarman proved a notice served on the prisoner, to produce the tasting order)—I gave him a tasting order for twenty pipes of wine—I gave him no sampling order—this is not my signature to this sampling order, nor that of my one in my counting-house.
Cross-examined. Q. Did you go to New City Chambers? A. I went to the door some days afterwards, and saw the name of Harding on it—I did not go in. (Order read—"Permit self and Co. to sample wine, ex Devon, Bruno, Silver and Son.")
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution.
CHARLES HENRY HOBSON . I am a wine-merchant, of 42, Crutched-friars. I have two partners—we have wines in the London Docks—the prisoner came in July, before the 17th, to the best of my belief, and said he wanted from fifteen to twenty pipes of wine—I asked him what for—he said for Australia,. and gave me this card—I signed three tasting orders, and gave him—I have not seen the genuine order I gave him since (a notice to produce it was here proved)—this order is not my writing—this word "taste" is altered into "sample," but that is unnecessary, it might have been "taste and sample."
Cross-examined by MR. HUDDLESTONE. Q. Who else signs orders in your establishment? A. My agent—he is not here—he does not sign my name but his own.
THOMAS MAY . I am a porter. On 17th July, the prisoner gave me this paper (produced) in Lower Thames-street, and directed me to go to the docks, get some samples, and bring them to him at Mr. Brown's, Dark house-lane——I passed the order, and got seventeen samples, took them to the prisoner, and he directed Mr. Brown to pay me 18d.—I left the order at the docks—I delivered no other order for seventeen samples about that time—this was the only order I presented that day.
Cross-examined. Q. How many do you get in a day? A. Thirty or forty—the cooper will not act upon it without my mark.
Cross-examined. Q. Did you get the order from May? A. The clerk of the vault gave it me—he is not here—I executed a great many sampling: orders that day—if the clerk passes them I give the samples, and make an entry in this book(produced)of the name of the party who signs the order.
MR. BALLANTINE. Q. Did you draw any other samples, on an order of Hobson's that day? A. No; May was present when I drew these.
GUILTY . Aged 33.— Transported for Seven Years, on the first indictment.
(John Clements, a constable of the Docks, stated that he had traced a number of these forged orders to the prisoner.)
went to her lodging and saw the prisoner—he said he was married to her, and would bring me the certificate—she had not lived with me for two years—she worked with me at the factory—the prisoner brought me this certificate a week afterwards (this purported to be a certificate of a marriage at St. George's Southwark, between Henry Poulton and Mary Ann Jones, by licence, and was signed Charles Mayhew, curate)—my daughter was present when he gave it me, which satisfied me she was married.
MARY ANN JONES . I am single, but have been living with the prisoner for a month—I was present when he produced the paper to my father—I had told him we were married—I do not know who wrote it—I never saw it till he gave it me to give to my father—we had not quarrelled—we had separated before he was taken.
REV. JOHN HORTON . I am rector of St. George-the-Martyr. I do not know the prisoner—I never had a curate named Mayhew—this certificate is a forgery—there is no entry in the register on that day (producing it).
GUILTY . Aged 30.— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
ROBERT BROWN . I am an oilman, of 69, New Church-street, Mary-le-bone. On the night of 8th July I had come up from Erith, and was waiting in the Haymarket, about a quarter to eleven o'clock, for somebody who was indebted to me, and had gone into a house there—the prisoner came up, and began talking about the weather—I had never seen him before—I waiting talking to him about three-quarters of an hour—I crossed the road towards Piccadilly—he followed me immediately, and said he was going that way, towards Oxford-street—I said, "Are you?"—he said, "Will you take a glass of ale?"—I consented, and we had a pint of ale between us—in Regent-street he said he was in a great muddle—I said, "What do you mean?"—he said he was locked out—I asked him how old he was, and where he lived—he said nearly twenty, and he lived in Oxford-street; that his father was a very severe man; and if he was out alter a certain time, one of the servants would be sure to tell his father—I asked him if he could not go to one of the neighbours—he said he did not like to throw himself upon his friends, and that his father had been an upholsterer in Oxford-street some years—I said, "You had better go to a public house or tavern"—he said he had no money—I said, "If you like to walk home to St. John's Wood with me, you can share my room to-night"—we walked home together, and went to bed—he shared my bed with me—after I had been in bed some time, I was awoke by his arm across my chest—I asked him what was the matter—he immediately moved his arm, and said he felt very ill—I gave him a light, and he west down-stairs—I got into bed, and dozed off—I awoke again, and found him sitting in a chair by the side of the bed, with his clothes on—he had taken them off at first—I went to sleep again—I awoke a third time, and saw him washing himself—I asked if he had been down-stairs again—he said, "No, I am going down"—I said, "Very well, I will rouse myself up, and let you out"—he said, "What is the time?"—I went to take my watch from under my pillow, and he said, "I have got your watch, I have just taken it from
under your pillow"—I said, "Have you?"—he said, "Yes; it is such a curious face, I cannot tell the time by it"—I said, "If you will give it to me, I will soon tell you the time"—he took it to the window, and said, "Oh, I can tell the time now; it is twenty-five minutes past four; it is very pretty, I shall keep this," and he put it and the chain into his pocket—he did it in a jocular way, and thinking he was in play, I said nothing—he then went to my dressing-case, and said, "Let me see what else you have here"—I got out of bed, and said there was nothing there belonging to him, and demanded the watch and chain—he said, "You don't suppose I am going to give you that, do you?"—I said, "Are you going to commit a felony, then?"—he said, with an oath, "That is no felony; what are you going to give me for bringing me home last night?" I said, "I have given you a night's lodging, and treated you like a brother; what else can you expect?"—he took his oath that he would not give it me unless 1 gave him 5l,; or he said, "I shall accuse you of an unnatural offence"—I turned round, and found I was locked in, and he had the key in his hand—I felt very much alarmed, and fainted away—when I came to myself, I was sitting on a chair by the side of the bed, and the prisoner was bathing my hand or my head with water—finding I was more collected, he opened all the drawers, and took out two waistcoats, but there was nothing in them—he went to the waistcoat I had worn, and took out 5s. 6d. or more, and put it into his pocket—I got up to snatch the waistcoat from him, and he demanded 5l. of me again for the watch and chain, or else he would charge me with an unnatural offence, and said that he had made 20l. by such a job—I said, "I will give you the 5l. if you will let me let you out"—he helped me on with my trowsers and stockings to go down and get it—I could not put them on myself, I was in such a state from excitement and fainting—I opened the door at last, and called for Mr. Sarto, who slept in the room above—he came, and I told him the prisoner had my watch and chain in his pocket, and would not give it me unless I gave him 5l.; or else he would accuse me of an unnatural act—Mr. Sarto said, "I will go and get a policeman"—the prisoner said, "Yes, that is the best way"—he did not contradict what I said—he said, "You shall not say I have stolen your things, I will put them back again"—he went to the bed, turned them out, and said, "There they are in your dressing-case, now I shall go"—I said, "You shall not go," and tried to prevent him; but he dragged me down, and rushed down-stairs—I found the watch and guard in my dressing-case, but not the money.
Cross-examined by MR. O'BRIEN. Q. When had you parted with the man you were following? A. I had not spoken to him; I had followed him perhaps a mile, from Catherine-street, Strand—he went into two or three houses, and came out—his name is Anderson—I do not know where he lives, that was why I followed him—I gave up watching as I thought I saw him come out, but lost him in the crowd that came out of the opera, and I felt anxious to get home, as I was half wet through—the prisoner spoke to me half or three-quarters of an hour before that—I had been watching scarcely a minute, when he spoke to me—he paid for the ale we had—there are seven rooms in my house, two are bedrooms—I am the owner, but only occupy two rooms—Mr. Sarto and his wife and son, seven or eight years old, occupy two rooms on the upper floor—I have no servant—there is a parlour behind the shop with a sofa in it—my bedroom is the first-floor back—the front room is unoccupied and unfurnished—my house is three miles from the Haymarket—it was about one o'clock when we got home—when the prisoner
went down in the night, he seemed to be in pain—I lit the light for him—when he came up, he threw himself on the bed with his clothes on, and I fell asleep—my watch was under my pillow—I was going to the door to keen the prisoner in, and seeing he had the key in his hand, I knew I was locked in, and fainted—my clothes were not on—I should say I was not half an hour in the faint—he had been out of the room perhaps ten minutes, when the policeman came—I threw myself on the stairs in my trowsers and stockings, and sat down till he came, and then went to my dressing-case, and found the watch and chain—I did not wish anything to be said about it—I did not see at the moment the position I was placed in—I felt very ill at the time—I had been ill some time—I am not married—I considered my character at stake from what the prisoner said.
FRANCISCO GENNARO SARTO . I am a writer to the Great Western Railway I lodge with Mr. Brown, and sleep in the room above him. On 19th July, about five o'clock in the morning, I was called—I went down, and saw the prisoner and Mr. Brown, who said, "This young man has got my watch and chain, and says he will not give it up unless I give him 5l., and if I do not, he will accuse me of bringing him home with the intention of committing an unnatural crime," he asked my opinion of what he should do—the prisoner heard it all, but never said a word—I said it would be best to fetch a policeman—the prisoner said, "Yes," that would be best—I went out, and found one, and in bringing him towards Mr. Brown's, the prisoner ran out of the house as fast as he could—the policeman gave chase, took him, brought him back, and found 8s. 4d. or 8s. 6d. in silver in one waistcoat pocket—he objected to be searched, and said there was nothing there which belonged to anybody but himself—he was left at the bottom of the stairs with me, while the policeman and Mr. Brown went up—I kept my back against the door, and the prisoner said, in a soft tone, "Now, as a married man, don't you think it looks bad for Mr. Brown to bring a man home to sleep with him?"—I said I knew nothing of the affairs between him and Mr. Brown.
Cross-examined. Q. Were you before the Magistrate? A. No; Mr. Brown did not ask me to go—he said nothing about losing money when he said the man had his watch and chain—he said he had lost some, either before or while the prisoner was being searched—I think it was while he was being searched—I have not been talking to Mr. Brown about it since—I my have said it was an unpleasant affair.
THOMAS HILL (policeman, D 135). I was called by Mr. Sarto, and saw the prisoner run out of Mr. Brown's door—I pursued, and caught him about 400 yards from the house, and took him back—I found 8s., a 4d.-piece and 1d. on him—I told him the charge—he said he had not stolen the watch or money, that Mr. Brown said the money belonged to him, and that he would give it up rather than have a bother with him.
Cross-examined. Q. What did you say on coming up to the prisoner? A. I said, "I want you"—he said, "Want me, what do you want me for?"—I asked him what he came out of the house for—he said he came out of no house—as I took him back, he said it was nothing more than a bit of a quarrel between him and his friend—I left the prisoner in the passage, and searched up-stairs for the watch—Mr. Brown found it in his dressing-case—I had searched the prisoner, but heard nothing about the threat of accusation—I understood that Mr. Brown wanted to press the charge—he mentioned the loss of the money before I searched the prisoner—I am positive of that.
NOT GUILTY .
NEW COURT.—Wednesday, August 21st, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 16.— Transported for Seven Years.
1401. RICHARD CHAPLIN , stealing 1 salt-cellar, value 2l. 10s.; also 1 sugar-basin, 7l.; 1 teapot, 6l.; and 4 mugs, 14l.: also 1 teapot, 9l. 14s.; 3 coffee-pots, 42l.; the goods of Edward Barnard and another, his masters: to all which he pleaded GUILTY . Aged 27.—Recommended to mercy by the Prosecutors.— Confined Four Months
GUILTY . Aged 18.— Confined Six Months.
JAMES WEEDON . I keep a beer-shop at Ruislip. On 12th Aug., about half-past seven o'clock in the evening, I hung a nightgown belonging to my little child, fifteen months old, on the door—there was no one there but the prisoner and me—I left the room, and left the prisoner and the gown there—when I went back the prisoner and the gown were gone—I informed the police—this is the gown.
Prisoner. I know nothing at all about it; I was tipsy. Witness. He was not tipsy when he was taken, about half-past one o'clock.
GUILTY . Aged 35.— Confined One Month.
MR. HORRY conducted the Prosecution.
GEORGE RICE . I live at Woolwich. I was steward of the Firebrand steam-ship in Dec. last it was in Basica Bay, off Greece—the prisoner was midshipman's cook—I had a 10l., and two 5l. Bank of England notes, half of a 5l.-note, a Government note for 5l. 10s. 9d., and about 9l. in gold, in a drawer in my berth, which was generally locked—I saw it safe one evening, when I locked up as I always did at night—I cannot tell what day it was—on the following morning I took a bottle of wine out of the box for two officers, and left my keys in my drawer—the prisoner had access to my drawer at all times except at night, when it was locked up—he had to come
to me for orders—my 10l.-note had a peculiar tear on the upper right-hand corner, and appeared to be very old—I had taken it from Mr. Matthews, a butcher at Woolwich, before I left England, on 26th Oct. last—this is it (produced)—I cannot speak to this 5l.-note, on account of the initials of a gentleman, which had been on one corner of it, being torn off—I returned to England on 1st July.
Cross-examined by MR. O'BRIEN. Q. Is it by this tear that you know this 10l.-note? A. By that, and by its general appearance—I cannot tell the number of it—I know it began with a "3"—I saw this note at the Bank, and recognised it from others, though I had not seen the name on the back—there were 220 men on board the vessel—no one had access to my berth, or to receive orders from me but the prisoner—my wages were 10l. a year, besides the Government pay, which was 22l. 12s.—the prisoner's wages were 8l. a year, besides the Government pay—I came to England with the prisoner—there was a man named Gilbert on board—he was gun-room cook—he had nothing whatever to do with me—I never told any one that I suspected him of robbing me—I had no idea he was the man—when I missed this property the bags of all the ship's company were searched, with the exception of the three cooks—the mens' persons were not searched—the ship has not arrived, but I and the prisoner were paid off at Portsmouth—I was out about nine months altogether—the note had passed through the hands of many of the officers, and came into my hands again by my cashing it for them.
THOMAS SELVES . I keep a public-house, at Woolwich. In the beginring of July, the prisoner came to me—he asked me to change a 5l.-note for him, which I did—I observed that he had a 10l.-note, and as he was rather the worse for liquor I asked him to leave it with me—this is it—my son-in-law backed it, and put it into the cash-box—I was to keep it till he came back from Portsmouth, but a letter came for me to send him down 5l. to Portsea, and I sent it—I paid away the 10l.-note to Mr. Tuck—I know the note by the name on it, and by a tear on it.
Cross-examined. Q. I suppose you knew the prisoner? A. Yes; I have known him two or three years—he lived with me twelvemonths.
RICHARD ADEY BAILEY . I am a clerk in the Bank of England. I produce these notes—the 5l. is No. 34,529, 13th Sept., 1849; and the 10l. No. 36,088, 10th Aug., 1849—they were both paid in by Robarts and Co., on 8th July.
JOHN GRIFFIN (policeman,229R). I apprehended the prisoner in Port-sea, on 10th July—I told him he was charged with stealing 39l. from Mr. Rice, to whom he was cook—he said, "I am innocent, there are others who are guilty"—I asked him who it was—he hesitated some time, and I said, "Is it Gilbert?"—he said he was the guilty party.
GUILTY. Aged 25.— Recommended to mercy by the Prosecutor — Confined Six Months
THOMAS WILLIAM BROWN . I am shopman to George Emery and another, of Farringdon-street, linendrapers. On Wednesday morning, 17th July, at twenty minutes before nine o'clock, I put up twenty-eight yards and a half of lustre Orleans cloth on the right-hand side going in at the door—directly I hung it up, my attention was called to a horse falling down, and in about
three minutes some one called out something, I turned round, and missed the piece that had been at the door—this is it; it is Messrs. Emery's property—I saw Burding in custody at the station—I had not known anything of her before—I went the same day to the prisoner Seed's—she was not there, she was in custody—she was brought to Guildhall while Burding was under examination—as Seed was going to the Compter she said she hoped we should be merciful to her, and if we went to her place we should find the other piece of the stuff in a box behind the door—we went to her room, and found the remainder of it—there was a ticket attached to the piece when I hang it up in the morning—it was my master's ticket; it was the length of the piece of goods.
Cross-examined by MR. WOOLLETT. Q. Was it outside the door? A. Inside, about a yard—we sell a great quantity of this stuff—this is the ticket that was on it, and this is the invoice that came in with the goods—here it a "D" for damaged on it, and 1s. 6d. was allowed for it.
JOSEPH GREEN (policeman, G 90). On that Wednesday morning, about twenty minutes past ten o'clock, I was called to Mr. Wolstenholm's, the pawnbroker's—I found Burding there, and took her into custody—she refused to give her name or address—I took her to the station, and left her in custody—I went with Mr. Brown to Seed's lodging, a second-floor back room, at No. 58, Baldwin's-gardens—I found there this piece of Orleans cloth, about fourteen yards, in a box.
JOHN HEWITT (policeman, G 121). I went to Mr. Wolstenholm's, and saw Seed there with this part of the goods—she said Mrs. Burding gave it her, who was on the stairs cutting it up, which was all she knew about it—the said she lived at 58, Baldwin's-gardens—we went there.
ELIZA PRICE . I am the wife of William Price, a city police-sergeant. I searched Burding at the station—I asked her what induced her to take the stuff—she said she had not taken it, it was her own—I found on her a yard measure and this private mark.
HENRY LAWRENCE . I am in the service of Mr. Wolstenholm, a pawnbroker, in Liquorpond-street. On Wednesday, 17th July, Burding came about ten o'clock in the morning, and offered one of these pieces of stuff—I had had some information, and a pattern left by Mr. Brown—I asked where the got the stuff—she said she had it from a tally-shop—I asked where—she would not tell—I asked her name or address—she said, "I am not going to tell you; send for a policeman if you like," and we did—about an hour afterwards Seed came, and offered this other piece of the stuff—I made some remark about the price she wanted on it—she said, "It cost me 7s. 9d., I brought it from Windsor three weeks ago"—the officer came and took her.
Cross-examined. Q. Did you say to her, "Do you want 3s. 6d. on it?" A. Yes; I thought she might have been sent by some one—I had known her some years, and I thought she might say who had sent her.
Burding's Defence. I picked it up on the pavement. I told Mrs. Seed what I had found, and went to a pawnbroker's to raise something on it.
SEED received a good character— NOT GUILTY .
BURDING— GUILTY . Aged 52.— Confined Three Months.
GUILTY .—He was recommended to mercy by the Prosecutors, and received a good character.— Judgment Respited.
MR. CARTER conducted the Prosecution.
THOMAS SEDDON . I keep an inn, at West Drayton. The prisoner was in my service about twelve weeks, from April till 1st July—I had no other female servant—I had an ostler whose apartment was in a different part of the house to hers—my wife was ill in April and May—I had several 10l. notes in my possession—I have seen one that has been found; I had seen that about the middle of May—it had been kept in a cash-box in a chest of drawers in my bed-room—the key was generally kept in the bed-room—the prisoner chiefly attended on my wife when she was ill—I had another person occasionally—after the prisoner was taken, on 1st July, I went into her bedroom—I found a piece of wood had been nailed on the boards, and under that was a silver tea-spoon, and this 10l.-note—I had missed some money, this note was part of it—I found these pillow-cases in her box, they are mine.
Cross-examined by MR. ROBINSON. Q. Another person came to nurse your wife occasionally? A. No; a woman who lived opposite came to inquire after her—I had lodgers occasionally; sometimes we had them every night—the prisoner was present when the pillow-cases were found in her box—it was locked—the policeman had the key—no one ever went in that room but my wife and myself.
SARAH SEDDON . I am the wife of Thomas Seddon. About a week before 1st July, when the prisoner left me, I said I had missed some pillow-cases, and asked her about them—she gave me no answer—I have since missed a pair of ear-drops—these are my pillow-cases produced; I made them.
Cross-examined. Q. Was the prisoner servant of all work? A. Yes; we wash at home—the prisoner did the washing—I was ill about three weeks.
JOSEPH HENRY TAYLOR (policeman, T 115). I had the prisoner in custody on 2nd July—I searched her box in the prosecutor's house, in her presence—it was locked and corded—I got the key from the prisoner—I found in it these pillow cases—I received this tea-spoon, the ear-ring, and 10l.-note from Mrs. Seddon.
GUILTY * of stealing the pillow-cases.—Aged 20.— Confined Nine Months.
JANE ELIZABETH LINEHAM . I live in Leadenhall-street, and am in the service of Mr. Simpson. On the 24th July, I was passing a picture-shop in Gracechurch-street, about a quarter before one o'clock in the day—I felt a hand in the outside pocket of my gown—I looked round and saw my purse in the prisoner's hand—it had been in my pocket not more than a quarter of an hour before—he said he did not take it, it was another boy—he ran and threw the purse away—I asked a gentleman to go after him—it had five half-crowns, two shillings, a sixpence, and a fourpenny-piece in it—this is it.
Cross-examined by MR. BALLANTINE. Q. Did you see him caught? A. Yes; I had not lost sight of him.
GUILTY .* Aged 21.— Confined Twelve Months.
MR. CARTER conducted the Prosecution.
service six weeks previous to 6th July, when she left—I had about fifteen yards of silk in a drawer in my bed-room—I missed part of it, and some other things—I told the policeman—he went to Hanworth, to the prisoner's residence—she had seen this silk, I gave it her to take up-stairs—this is a piece of it—it was taken to a pawnbroker—I have the remainder here.
Cross-examined by MR. BALLANTINE. Q. Were you examined before the Magistrate? A. No—I am a licensed victualler—this was a dress I bought for my wife—the prisoner was servant of all work—she did not attend to my wife particularly—she was the only female servant I had—my wife is not here, she has been here two days, and was taken ill last night—I cannot say that my wife did not cut off this piece of silk—I am satisfied she did not give it to the prisoner—it matches exactly with where it was cut from this larger piece.
JOHN SCOTNEY (police-sergeant, T 18). I went to the prisoner's father's house at Hanworth, on 12th of July—I saw the prisoner there—I asked her if she had not lived in Mr. Fellows' service—she said she had—I told her he had been robbed, and she was suspected of having committed the robbery, and I must search her box—I found these two pieces of black silk in it—I took her into custody—she said first, that her mother had given her the silk—when she got to the station, she said, in the presence of two witnesses, that it had been given her by a person named Taylor—I fetched him to the station, and then went to his house, and the persons stated they knew nothing of it—this silk corresponds with the larger piece, produced by the prosecutor.
ELIZA BROWN . I am the wife of Joseph Brown, of Hounslow. The prisoner came to my house in July, to see my daughter—she said to my daughter, "Polly, how are you off for bonnets?"—she said she had got an ✗old one being cleaned—the prisoner said she had a piece of silk to make her a present of for a bonnet—she went away and brought it; she had a piece of black silk with her at the same time—I afterwards pawned the black silk with a pair of stockings.
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor. — Confined Four Months >
ELIZABETH DOWNER . I am a widow. I keep a public-house at Harlington—I have seen the prisoner pass—on 23rd July he came to my house—I had this tumbler, which I had had for ten years—I know it by these marks on the bottom of it—he had a bottle of ginger-beer—I gave it him in this glass—he drank part of it, and then went to the tap-room, and said he would drink the rest there—he went away.
GEORGE BEST . I was at this public-house on 23rd July—I saw the prisoner there—he went out, and came in again—he turned his back round, and I saw the glass go into his pocket—he went out of doors, got up into his cart, and drove off.
Cross-examined by MR. METCALFE. Q. What were you doing? A. I had sat down to have half a pint of beer—I go to that house once or twice a week—I am a labourer, and work at farmer's work—I worked for Mr. Newman at harvest-work last week—when I do not get work, I come up to London and sell a little straw, or anything I can—I get the straw of a jockey man; I
mean a gentleman—I buy it up Knightsbridge way, of carts that come to town—I do anything in an honest way—I never pet it otherwise than honestly—I have not been charged with getting my living dishonestly, as I know of—nobody ever said, in my presence, that I had been robbing—I was once in prison—that was about some straw—it was not from a cart at Knightsbridge; that was at Harlington—I have not been in prison many times—I go in the Union when I cannot get straw to sell—I have seen the prisoner at different times.
THOMAS DEBBING (police-sergeant, T 28). I went after the prisoner, and overtook him, I got in the cart, and told him I wanted him for stealing a glass from Mrs. Downer—he said he had stolen no glass—he took up a bag of bones and iron, and threw it down two or three times, for the purpose I believe of breaking the glass—I looked in the cart, and found this glass in the corner of it—he deals in bones and iron.
(The prisoner received a good character.)
NOT GUILTY .
ISAAC NOY . I live at Old Brentford. On 18th July I went into my room to get my coat, and it was gone—it had been safe the evening before—I went to market, and when I came back I missed a gun—I gave information, and afterwards went with the officer to Hughes's, and found the coat at the door—this is my coat—the prisoner had been in my employ till the Monday previous—he knew where I kept my keys—the gun I have not seen.
WILLIAM HUGHES . On the evening of 17th July, about ten minutes before ten o'clock, I was at my door—the prisoner brought this great coat to me—he said, "It is my own, you have no occasion to be afraid; it was given me by my brother, a cab -driver"—my wife bought the coat of him.
Prisoner's Defence. I bad nowhere to lie, and I took this coat and sold it; I know nothing of the gun.
GUILTY . Aged 22.— Confined Six Months.
ELIZABETH ALLEN . I am the wife of Hercules Allen. He keeps a beer-shop—on 26th July I had a box in my house, where I kept my money,—I had in it from 2s. to half-a-crown in pence and halfpence—it was in a cupboard by the counter—at a little after two o'clock I went out—I was not away above two or three minutes—I left the prisoner there—when I came back he was gone—I had seen him walk out—I missed my money and box—I sent my son after the prisoner—I have not seen the box since—I know one of the halfpence that was in it—this is it(produced)—I lost this knife at the same time; this is it.
DAVID PAYNE . I am son-in-law of Mrs. Allen. I saw the prisoner at her house that day, between ten and eleven o'clock, and again between one and two—after he left I received information, and followed him into a coffee-shop—I told him Mrs. Allen wanted to speak to him—he refused to go—I gave him into custody.
ANN WARE . Between two and three o'clock on 26th July the prisoner came to my house—he had a double handful of halfpence—he tied them in a handkerchief, and wanted to leave them at my house, but I would not allow him—I went into the garden to call my husband, and when I came back the prisoner was in the coalhole—I asked what he was doing—he said he was doing no harm—I saw that he was hiding his halfpence—I found this half-penny —I made him take the others away—he left this knife there.
Prisoner. I got that halfpenny in change for a sixpence.
MRS. ALLEN. I did not change any money for him.
GUILTY . Aged 30.— Confined Twelve Months.
THIRD COURT.—Wednesday, August 21st, 1860.
Before Russell Gurney, Esq. and the Seventh Jury.
GUILTY . Aged 32.— Confined One Month.
GUILTY . Aged 42.— Confined One Month.
GUILTY . Aged 17.—He received a good character, and his brother-in-law undertook to employ him.— Confined One Month
1416. WILLIAM SMITH , stealing 1 pewter pot, value 1s.; the goods of Robert Clint Thornton: also 1 pewter pot, value 1s.; the goods of James Bryson: also 1 pewter pot, value 1s.; the goods of James Hilliar:to all which he pleaded
GUILTY . Aged 30.— Confined Two Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 32.—(He received a good character.)— Confined Four Months
MESSRS. BALLANTINE and PARRY conducted the Prosecution.
JOHN BAKER . I am parish clerk of St. Mary's, Dovor—I produce the marriage register—on 23rd June, 1838, here is an entry of a marriage between William Augustus Shean and Cecila Charlotte Tranchell—I was
present at the marriage—I am certain the prisoner is the party—I saw the lady to whom he was married, at Boulogne, on 9th August last.
Cross-examined by MR. ROBINSON. Q. Did you ever see the lady before they were married? A. I saw them about the streets of Dovor at the time of the marriage; they were stopping at the City of London Tavern—the lady was between thirty and forty years of age; I cannot say whether she was nearer forty than thirty—she was a good deal older than the prisoner—I have no doubt that the lady I have seen is the same—the prisoner appeared to be more than twenty years old.
MORRIS BUSHELL . I live at Dovor—I was Captain of the Duke of Wellington steamboat, but have retired—I know the prisoner; I introduced him to the clerk—after the marriage, about eight or nine years ago, I saw him with the lady at Boulogne—I have not seen the lady for several years.
JOHN FARRELL . I am parish-clerk of St. Magnus-the-Martyr, London, I produce the marriage register—on 2nd February, 1848, here is an entry of a marriage between William Augustus Shean and Mary Whittaker Greene—I was present, and have not the least doubt that the prisoner is the man.
Cross-examined. Q. Did you ever see him before he came to the Church? A. No, I did not see him afterwards till he was at the police court—there are not above six or eight persons married at our Church in a year.
EMILY JANE GREENE . I am single—I am the sister of Mary Whittaker Greene—I was present on 2nd February, 1848, when she was married to the prisoner—on 5th August, after it was discovered that he had been married before, I accused him of it, and he said his first wife had been kinder to him than my sister—my sister is about thirty-eight years old—I received this letter from him on 6th August—I know his writing, and believe it to be his—(This letter being principally in French, was translated by Mr. Clerk the barrister as follows: Addressed, Miss E. Green. "Monday evening.—Mademoiselle,—I have prayed you almost on my knees to permit me to see for one instant my dear companion that God has given me, my wife, in your presence. You have not had the heart to grant me this last favour. I swear before God that there exists no mortal being who dared to prevent me. You have not chosen that this should be done under the cloak of discretion, that all the blame should fall on you. To the insults which I have received from a member of the family I attach no importance at all. I regret that innocent persons have had to suffer for your obstinacy. I understand that it was easy to frighten a child with a policeman, but not me. Hide yourself—hide your sister, my cherished wife, if it appears good to you, but nothing in the world will prevent me from reclaiming her from you—it signifies not where you may go, even to Australia. You would not act so while you inhabited the house of that noble old man who is no longer in this world; and when you write to me that I wish my marriage to be kept secret, and let your sister disclose it to her family when she thinks proper; and when you pray me not to come to Richmond, that it would be only injuring you; and if the Colone✗) knew anything the consequences for you would be dreadful. I have not those letters, and what I heard of this morning at Richmond I dare not repeat. Bring me before any court of justices if you please, you will not spare the money, you will not find a jury to acquit you. I have friends who will protect me, but I promise you the public will have an historical romance to write which will not be a little interesting. There remains but little time for you to reflect before taking your part—reflect well. I insist once more to see my wife; refuse me if you dare.—I have the honour to be, &c")
Cross-examined. Q. Is your sister older than you? A. Yes, and I have
mother, Sophia, older than her—I do not recollect whether Mary was thirty-eight or thirty-nine when she was married—I was living at Richmond at the time with Colonel Rose, as his daughter—both my sisters are on the continent, Sophia is at Boulogne, where she has resided many years—I cannot say exactly where Mary is; she left Dover the week before last—Mary lived at Paris before this marriage, and came to London on purpose to be married—I was sent for from Richmond, and acted as bridesmaid—I had only received an intimation from my sister that she was going to be married four days before—I never saw the prisoner before half an hour before the ceremony; they left immediately after, and I went back to Richmond—I first heard that he had a wife living, in July or Aug., 1849, from my sister Mary—Colonel Rose died last Nov.—he left me Borne money; he did not leave my sister any—the attorney, Mr. Routh, who is conducting this prosecution, is my brother-in-law.
MR. BALLANTINE. Q. Were not you the adopted daughter of Colonel Rose? A. Yes, I remained with him till his death—I was very unwilling to appear here—Mr. Routh has undertaken this case on his own responsibility, being a connection of the family—my sister Mary is not well.
THOMAS BARNES (City-policeman,448). I took the prisoner at Oddard's coffee-house, Waterloo-road—I told him I took him on a charge of bigamy—he said he did not understand what I meant—I explained to him that he had married another wife while his former one was living—he said, "I have a bigger charge to bring against Miss Green than that, and that is of morder"—he said it must be a mistake, the second marriage might have been his brother instead of him. (The prisoner received an excellent character).
GUILTY . Aged 34.— Confined Twelve Months.
WILLIAM LEAVER . I am a brickmaker. The prisoner was in my employ—on 5th Aug. my wife was sum mooed to the Court at Uxbridge, and the prisoner went with her as a witness—he came back about two o'clock, and said she was to pay 6s. or have seven days, and had sent him to see if I could send the money—I put the money into his hand, and told him to take it—I did not see him again till the next morning, when I asked him what had become of his mistress—he said she was gone to London for seven days—I asked him why—he said because she would not pay the money, but put it into her pocket, and chucked down 8d. to him for two pots of beer.
ANN LEAVER . I am the last witness's wife—I was in trouble at Uxbridge, and ordered to pay 6s.—I told the prisoner to go to my husband and tell him, and said, "Don't you delay, the coach will be here at three"—the policeman said it was then half-past twelve—he said he should stop at my sister's at Cowley, and I told him not to, but to make haste—I did not see him again till the 12th—I never received any money from him—he asked me for some money for some beer, and I gave him 4d.
THOMAS DENTON (policeman, T 100). I had Mrs. Leaver in custody—she remained at the station from one till ten minutes past three—the prisoner did not come, and she was taken to Cold Bath-fields prison—I apprehended the prisoner—he said he took the money to the station, put it on the table, and she said she would not pay anything but go to prison.
Prisoner's Defence. I had only twenty minutes to go from West Draytoo to Uxbridge, which is two miles and a half, and was not there in time to pay the money.
GUILTY .* Aged 21.— Confined Six Months.
CATHERINE LOVETT . I am the wife of Jeremiah Lovett. On a Sunday evening in July, I went into the Fox with my husband, Dennis Lovett, my brother-in-law, and three other persons from Ireland—Dennis Lovett gave me a bundle to keep for him—I laid it down, and the prisoner was sitting there, and three more with him, and the prisoner wanted to insult me as if I had done him an injury—I turned round and saw him going out with the bundle—Dennis came back; I told him—the prisoner then returned, and I pointed him out to Dennis.
Prisoner's Defence. The house was full of people coming in and out: I never saw the bundle; I said I would go to the station; the policeman came in on that, and I was taken.
NOT GUILTY .
MR. CLERK conducted the Prosecution.
WILLIAM TOOKEY . I am parish-clerk, of Marylebone, and produce the marriage register—here is an entry on 1st Aug., 1824, of the marriage of Samuel Fitzgerald and Mary Tilley—a person named Parr, the parish-clerk at that time, was a witness; he has been dead some years—"Mary Tilley, her mark, †" is signed to it—that appears to have been written by the Rev. William Baker, the clergyman.
GEORGE EDWARDS . I am a boot and shoemaker. Samuel Fitzgerald was apprenticed to my father—I recollect the time of his marriage in 1824—I was not present at it, but I saw him the same day—I afterwards saw the prisoner with him as his wife—her name was Mary Tilley—they lived together two or three years, I think—Fitagerald left my father before he was out of his time, but he continued to work at his trade for some time—after three or four years he left his wife, and enlisted as a soldier—I saw him again in 1842, where he came from abroad—he called on me—he had then got his discharge—I do not know the month they were married, it was summer.
Cross-examined by MR. BALLANTINE. Q. He went abroad with his regiment? A. He went first to Ireland, and then to Malta—I think he left her without any notice—I am almost sure the prisoner is the person to whom he was married—they came together to see me—the prisoner is nothing like her now, but to the best of my belief she is the person—I should decidedly say there is a resemblance, but twenty-four years makes a great difference—they lived together more than six or eight months—they had a child while they were together.
WILLIAM EDMED (policeman, V 32). I apprehended the prisoner—she said she was not aware her husband Fitzgerald was alive when she married Bickford, that he was sent abroad with a condemned regiment; and then she said that he went to Ireland, and that Bickford knew she was a married woman when he married her.
Cross-examined. Q. Who put you in motion? A. In the first instance I had orders from the second husband at the Richmond Police-court, where he was, in consequence of some of the children having become chargeable to the
parish—this prosecution it by him, and not by the parish—I found the prisoner in the hospital, under medical treatment—I waited a fortnight, and took her from the hospital, after she was recovered.
HENEAGE PARKER CATTERNS . I am parish-clerk of St. George's, Bloomsbury, and produce the marriage register there—on 17th Jan., 1831, here is an entry of the marriage of William Bickford and Mary Tilley.
WILLIAM BICKFORD . I am a carpenter, and live at Richmond. In Jan., 1831, I was married to the prisoner at St. George's, Bloomsbury—I lived with her sixteen years, and have five children alive by her—I saw Fitzgerald six or seven years after I married her—the prisoner was present, and he said, "I have come to claim you on a charge of bigamy; I suppose you thought I was dead; you will find out your mistake"—the prisoner then sent her daughter to get some poison—I continued living with her after that—I left her last July three years—I last saw Fitzgerald before the Magistrate, at Richmond.
Cross-examined. Q. Did you know the was married when you married her? A. I heard she had been married, and that her husband was dead—I had children by her after I knew she was married—when Fitzgerald came, he said, "Oh, my lady, I have come to claim you on a charge of bigamy"—she was very frightened, and said she thought he was dead—she cried very much, and talked about poisoning herself—she is now forty-seven years of age—I have five children, and there is one by her first husband.
(The prisoner's statement before the Magistrate was here read; "At the time I married Bickford I was not aware Fitzgerald was alive.")
GUILTY. Aged 47.—Recommended to mercy by the Jury. — Confined Seven Days
HENRY BOWEN . I am a hatter, of 131, High-street, Camden-town, and keep the adjoining shop as a clothes shop, where the prisoner was my shopman; he has been in my service a year and a half. On 14th June I tent him out with some goods, and to receive a bill amounting to 1l. 6s.—I gave him 3l. 14s. as change for a 5l.-note, in case he should have one given him—he did not come back till 10th July, when he told me that as he was returning down the Camden-road villas a flower-girl asked him to purchase a bunch of flowers; he declined, she put them into his face; he became sick and insensible, and on recovering found himself in a room without his clothes; that they kept him there twenty days, and brought loaded pistols, put them to his head, and threatened to shoot him if he did not tell them where I lived; that at eleven o'clock at night they brought him down into a court, then into another court, and a man behind made him go on, and gave him some money to get some refreshment, and he found himself in the neighbourhood of the Borough—I asked him why he did not inform the police, and he said he was frightened to do so—I told him to tell the truth, and he persisted in saying that was the truth—I gave him into custody.
Cross-examined by MR. PAYNE. Q. Did he first come to your shop to tell you about it? A. Yes; I told him I would see him at my private house—I ascertained that he delivered the goods, but he was not paid for them, so that it was the change he would have to bring back—when I asked him why they kept him three weeks, he said he supposed it was the men that had attempted to break into my house, but there was no attempt made to my knowledge—I did not hear of it till after this affair.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy by the Prosecutor and Jury.—
Confined Three Months.
OLD COURT.—Thursday, August 22nd, 1850.
Before Russell Gurney, Esq. and the Third Jury.
MR. PAYNE conducted the Prosecution.
ELIZABETH SMITH . I am single, and live at 18, West-street. On Saturday night, 13th July, about half-past twelve o'clock, I was with my sister, going home—I had a half-sovereign and a half-crown in my hand—when we got very near home, I was going to purchase some fish—a female came up, pushed against me, and called me bad names—I called her a brazen hussey—my sister told me to come on, and we went on towards home—the female overtook me, and three men followed her—the prisoner was one—the woman struck me, and knocked me down, and the money was taken out of my hand by the prisoner—he forced my hand open—my sister came to my assistance, and he took some money out of her hand, and struck her.
Cross-examined by MR. O'BRIEN. Q. There were a great number of persons about, were there not? A. Yes; I had never seen the woman before—there was no lamp near where I was knocked down—it was about tea minutes' walk from where I first encountered the woman—it was rather dark—I was greatly alarmed—there were a great many persons about us after we were knocked down—I did not see the prisoner afterwards, till I taw him at the station.
MARY ANN SMITH . I was with my sister on Saturday night, 13th July—we were about to buy some fish—a woman came up, shoved against my sister, and used a very violent expression—my sister said to her, "Go on, you brazen hussey"—I said, "Come along Betsy, I know they are no good"—after we had got a little way, the woman came up without a bonnet and shawl, and knocked my sister down—the prisoner was with her, and two more men came up afterwards—the prisoner held my sister down, and laid hold of her hand—she said, "Mary, I am robbed"—she laid hold of the prisoner, and he gave a half-crown to a man with a white cap on—I held the prisoner by the coat, and he caught hold of my hand, and forced a half-crown and two shillings out of my hand, and while he was taking it I held him by the little finger with my teeth, and bit him to get my money from him—a man came and hit me under the jaw, and knocked me down—I saw the prisoner again in about ten minutes or a quarter of an hour, at the station— I knew him again, his finger was then bleeding.
Cross-examined. Q. Did you recollect that when you were before the Magistrate? A. Yes; he showed it to the Magistrate, and told him I had bitten it.
on Saturday night, 13th July, I was in Little Earl-street, and heard a cry of "Stop thief!" and saw the prisoner running very fast in a direction from where the robbery took place—I stepped him—a gentleman came up, and said he had assaulted two young women at the bottom of the street, but he did not know whether he had robbed them or not—the prisoner said he was not the party, but the gentleman was—I took him to the station, and searched him—he fell on his knees and begged for mercy—the gentleman said he did not wish to press the charge of assaulting him (he had assaulted him also)—just as we were going to let him go, the two females came in, and directly said, "That is the man that robbed us"—I observed that his little finger was bleeding.
Cross-examined. Q. Did you bear the girl state at the station that she had bitten his ringer? A. I did—the prisoner said he had got it in the struggle, as he was trying to part them from fighting.
JAMES STRINGER (policeman, C 193). I produce a certificate of the prisoner's conviction—(read—Convicted Jan. 1849, of larceny from the person, and confined four months)—I was present at the trial—he is the person.
GUILTY .— Transported for Ten Years.
Before Mr. Baron Platt.
NOT GUILTY .
1426. DIXON DAWSON , feloniously forging and uttering a bill of exchange for the payment of 100l., with intent to defraud Sir John William Lubbock, Bart., and others.—Other COUNTS, with intent to defraud Sarah Hawes.
MR. BODKIN conducted the Prosecution.
DANIEL HIGHAM . I am clerk in the employment of Lubbock and Co., bankers. Sir John William Lubbock is a partner in the firm, and there is one other—on Thursday, 18th July, this letter (produced) came to the counting-house by post; I opened it—it contained this check (produced)—we had at that time an account with Miss Sarah Hawes—I think the signature to the check resembles hers—I directed some inquiries to be made about it—we did not pay it.
JOHN BONCEY . I am barman to Mr. Watts, who keeps the Victory tavern, in Trafalgar-road, Greenwich. I know the prisoner by sight—I did not know him by name—on 17th July, he came to our house, and showed me this check—he asked me to write him a note—I told him I could not, I was so busy—he said it would not take me a minute to write what he wanted—I said I could not—he then said the evening would do, so as to save the morning's post—he then gave me a sheet of note-paper and this check—this is the paper he gave me, and I wrote on it what he directed—I wrote the exact words he told me, and he desired me to sign my name for John Johnson—I did so—I wrote it in the evening, after my work was done—he left the paper and check with me, about half-past two o'clock—he then said if Mr. Rivers was at home he would cash the check for him, without troubling me to write—he did not say who Mr. Rivers was—I knew him as the lieutenant of Greenwich Hospital—he did not return that evening—I acted entirely on what he told me—after writing the note, I enclosed it with the check in this envelope, sealed it, and directed it as it is now directed, according to the prisoner's direction, and put it in the post next morning—he had directed me to do so—next evening, 18th, this letter (produced) was brought to my master's house by the postman—I went to the hospital, and inquired for the
prisoner by the name of Johnson—I could not find him by that name, but I saw him sitting in the ward, and told him a letter had come for him—he said he did not expect it so soon—he came with me—the postman gave him the letter, and he signed his name for it, "J. Johnson"—he was then taken into custody—(check read—"Lubbock, bankers, Mansion-house-street. At sight pay to bearer one hundred pounds, and put it to my account. No. 9, Queen-square, Westminster. July 9, 1850. S. Hawes")—letter read—("Greenwich, July 17th, 1850. Sir,—Please to direct this sum to Mr. J. Johnson, to be left at the Victory tavern, Trafalgar-road, Greenwich. I remain, J. Boncey, for J. Johnson")—directed "Lubbock, banker, Mansion-house-street, London."
JOHN FORRESTER . I am one of the principal officers at the Mansion-house. On the evening of 18th July, from information I received, I went to the Victory tavern, Trafalgar-road, Greenwich, and took the prisoner into custody—I found this letter in his possession, also this tobacco-box, containing this draft for 8l. on Messrs. Lubbock, with a receipt-stamp pinned to it, this other draft on Lubbock and Co. for 150l., and this order for 60l., and other papers—I told him I had to take him into custody for sending an order up to Lubbock's, the bankers—he said he had sent it, but he had found it in this box among the other papers, and the reason he sent it was, because he thought Mr. Lubbock would give him something for finding it—he gave his name as John Johnson.
Cross-examined by MR. PAYNE. Q. Was it after you got to the Victory that the barman went to fetch the prisoner? A. Yes.
COURT. Q. At the time he told you he found the papers in the tobacco-box, had you found the box on him, or did he produce it? A. I had searched him, and found it on him.
THOMAS HARDING . I am a clerk in the house of Lubbock and Co.—this 8l. check was presented to me as cashier about two months ago—I do not know by whom—I refused payment, and returned it to the person who brought it—it was rather a young man.
Cross-examined. Q. You pay checks? A. Yes; I should not have paid this 100l. check; at the same time I say it bears a considerable resemblance to Miss Hawes' writing—I never knew Miss Hawes write "Lubbock, bankers"—I never paid her checks on plain paper—she has a check-book— I cannot make out whether the signature is L. or S. Hawes, or whether it is either of those—it may be E.
MR. BODKIN. Q. Is that a check of Miss Hawes that has been paid? (produced.) A. Yes; and paid by me—this is written "Fifty pond, "and 5," put where "50l. "ought to be—I saw that, but paid it—the figures "50," were added by myself—I should not have paid it to a stranger—Hawes and Co. have an account at our house—we have no other individual account in the name of Hawes.
MR. PAYNE. Q. Do Hawes and Co. ever sign checks with a single name? A. They do, but they are placed to the debit of the joint account—the account was opened by Thomas and William Hawes, and we answer the checks of either.
JOHN KEOGH . I am boatswain of the Prince of Wales Ward, in Greenwich Hospital—the prisoner was a pensioner in my ward for a month and four days—I believe he has been in the hospital since Oct. 1849—his name is Dixon Dawson—I never knew him by any other name—I did not know him before he came to the hospital—I received this letter (marked M) by the post on 20th July.
Cross-examined. Q. Was not the prisoner at first in Nelson's Ward?
A. Yes; he was a mate there—I understand he was removed from there on account of illness, and then placed as a common man in my ward—I got him from the Infirmary—the mates have a great deal to do—I heard of his being placed in confinement—I did not see him there, because he did not belong to my ward at that time.
COURT. Q. As far as he came within your observation, within the last month, did he appear to know what he was about? A. At times I thought he did not seem to be right—at times he would not put his chest to rights, or clean up his cabin, or make his bed up tidy like another man—he was very attentive to his Church on Sundays—he wanted looking after, and attending to—I have eighty-two men—some of them want men to look after them— sometimes they are nervous, and things fall put of their hands from old age and decrepitude.
JAMES RACE . I am a turnkey, of Giltspur-street Compter—the prisoner was in my custody when he was remanded on this charge—this letter ("L") he wrote in my presence, and this ("M") I gave him the paper for—I believe it to be his writing—I received it from him to take into the Governor's office, to get marked, and I put it into the post—(Letters read—("L) directed to Mr. B. Hawes, M.P., 9, Queen-square, Westminster. Sir,—I am sorry to inform you that I am in trouble, but, Sir, it lies in your power to put me out of it; a man of the name of Johnson found a bill of acceptance for money, signed by you, he knew by some means that I had worked for you; he brought it to me, and it seems that I have done wrong, for it was sent to your banker, but no money has been received for it, but to my surprise I was taken into custody for fraud, Sir, and sent to the Compter; all my fear is that I shall lose Greenwich Hospital after being so many years in the service. Sir, I hope and trust in God you will write to your banker to let me free. I remain, your humble servant, D. DAWSON.—July 16, 1850.—Be pleased to send me a few lines back to ease my mind—direct to John Johnson, Giltspur-street Compter, City—there was no stamps on the bill—Be pleased to send a character—my daughter is broken-hearted—M."—(Letter read—"To the Boatswain of the Prince of Wales Ward, Greenwich.—Sir,—There is a little trouble in my family that caused me not to come home, if you will make all right at Greenwich for me I will settle with you when I come home. Yours, DIXON DAWSON. Write to No. 24, Roupel-street, Lambeth, and let me know what I am to do about it, July 26, 1850."
JOHN PEACOCK . I am a house-agent, and live in High-street, Shad well. On a Saturday, about 13th July, I happened to be at the Globe and Three Pigeons, in Shadwell, kept by a Mr. Markham—while there the prisoner came in—I did not know him before—he said to Mr. Markham, "Can you cash me a check"—Mr. Markham said, "What is it"—he produced this 150l. check, and handed it to Mr. Markham—he read it, and said, "How is it you did not get this before?"—he said, "Oh! I have plenty of money, I have not wanted it"—Mr. Markham handed me the paper—I read it, and said to the prisoner, "Well, old gentleman, when you get this, you will not stay in the hospital I suppose"—"Oh!" said he, "I have more money than that"—he then said to Mr. Markham, "If you will let one of your servants, go up to the banking-house to get the cash, for I am very tired, I will pay him his expenses for going"—Mr. Markham said, "I have no servant, being Saturday, that I can spare"—he then asked if I would go, and said, "I will pay you your expenses for going, and give you something for your trouble"—Mr. Markham remarked that being Saturday the banking-house closed at three o'clock, and it would be closed before I could get up there—the prisoner then said, "Will you advance me some money on it until Monday, when you can
obtain it, it is all right"—I said, "Oh no, I don't see it"—he said, "it is all right, you can get it on Monday"—I refused—he put it into his pocket and went away.
Cross-examined. Q. You were not before the Magistrate, I believe? A. No; the prisoner has had no opportunity of hearing my evidence before to-day—the prisoner did not say how much money he had got—he did not say he had 40,000l.
MISS SARAH HAWES . I reside at Lavender-hill, Surrey. I am very often at No. 9, Queen-square, Westminster—my nephew Mr. Benjamin Hawes resides there—I keep an account at the house of Lubbock and Co, and am in the habit of drawing checks upon them—this check is not my handwriting, nor was it written by my authority—the signature resembles mine—I never wrote a check on blank paper; I always have an engraved form.
CHARLES CUTHBERT . I am a corn-dealer, and live at Kennington-cross. I know the prisoner well—he was a fellow-servant of mine for twelve or thirteen years, with Messrs. Hawes, the soap and candle-manufacturers, in Lambeth—I know his handwriting—I believe this check for 100l. to be his writing, and also these for 150l. and 8l.—he left Messrs. Hawes before me—I think it is three years ago, or perhaps four.
Cross-examined. Q. How long was he in their service? A. I do not know, I found him there—I understood he was an old servant when I went.
The following written statement, put in by the prisoner before the Magistrate, was read:—"My Lord, your humble petitioner is a poor wornout seaman, being many years fighting for his country during the late war, which the Lords of the Admiralty, for my services that I done for my country, sent me down to that noble asylum, Greenwich. My Lord, I was in the battle with Nelson when he lost his life; I am now turned seventy-one years of age; I have been sorely wounded in the head, that I am at times in a deranged state of mind. My Lord, I am innocent of the crime laid to my charge; I have only been six weeks discharged from the strong-room in the Infirmary of Greenwich Hospital, which can be proved by Sir John Liddell, the doctor of Greenwich Hospital; I trust in God, my Lord, you and my prosecutors will show me mercy, and send me down to Greenwich, and they will keep me confined at the hospital; I have an only daughter; I am afraid it will break her heart if I am sent to prison; I hope, my Lord, you will show me mercy for God's sake, as we all expect mercy from God; I can assure you I know not what I have done, or what has been done.—Your humble petitioner, Dixon Dawson. My Lord and Gentlemen, your most humble petitioner states that it is upwards of sixty years ago since I first went to sea; the first engagement I was in was the landing of the British troops in Egypt, in 1801, when Sir Ralph Abercrombie lost his life; the next was in the year 1803, in cutting out of Cape Legat a large armed schooner full of Spanish and French troops, and I received many severe blows on the head, which caused me to be in a deranged state of mind now I have advanced in years, and at times to be very troublesome; I likewise was on board the Victory, in the battle of Trafalgar, with my Lord Nelson, when he fell wounded; I likewise was wounded at the same time, and fell close to him on the quarter-deck of the Victory, on that glorious day, 21st Oct., 1805; and in 1807, I was in Gaeta, in Italy, when the French army stormed the fort I was in, and there I was slightly wounded in four places; and was at the taking of the Island of Capua, the mouth of Naples Bay; from there went to land Generals Moore and Fox on the Calabria shore, and beat the French army
back into Naples; from there I was sent with Sir Samuel Hood, to take Madeira, which we did succeed; and was engaged off Guadaloupe, in the West Indies, with two frigates, French, and seven batteries on our ship for two hours and forty minutes; and likewise burning two frigates belonging to the French, and taking the island of Martinique, in 1809; came home to England, and was sent on board the Fatale Minotaur, seventy-four guns; I was one of the first men on board the eleven Danish gun-boats, that our ships destroyed by fire under the batteries of Copenhagen. In coming to England our ship was lost, and 600 men with her; I had to swim three miles, and was two hours and three-quarters in the sea before I got on Camperdown, made prisoner-of-war of, and sent to France; remained nearly four years in Valenciennes, half-starved, and when the French were in full retreat from Moscow we were marched 600 miles in that dreadful winter in 1814, through frost and snow, and almost naked, and nearly starved. My Lord, I was never in prison in my life for any crime till now; I hope and trust in God that some humane gentleman will come forward and plead my cause, and snatch two human beings from the brink of ruin; the daughter from a broken heart, and the father that will never be able to look up any more through disgrace; if Mr. Hawes is in Court, I call on him to be so kind as to give me a character since 1816 to July, 1850, and I will for ever pray for all. My Lord and gentlemen, I hope you will help me in the means of procuring a gentleman of the law to plead for me; I am afraid, if I am found guilty, of losing my home for life."
Witnesses for the Defence.
MART DAWSON . I now live at 48, Roupell-street, Lambeth, and get a precarious living by washing and ironing—the prisoner is my father—I have heard him say that he has received wounds in his head—on 23rd February I received a letter from him, an invitation, and went down to Greenwich and met him at the terminus—he said he had been waiting since ten o'clock—he threw his arms round my neck, said "God bless you," and began to cry,—I felt ashamed, and endeavoured to soothe him—I had seen him two or three weeks before—I went with him to the hospital, but could not prevail on him to sit or stand still a minute—he said he had been very bad since he saw me; he had a burning pain in his head, and he had not been to bed for three nights; and that they had kindly accommodated him to sleep on the benches, as he could not sleep in bed; and as it was cold they had been kind enough to light a fire at five o'clock, to make him more comfortable—he said if the pain in his head continued he should go out of his mind—he got very much worse in the evening, and I felt very much alarmed—he said he was so sorry he could not go with me, but he could not hold his head up; he sat on a bench, resting his head on his hand—I do not remember seeing him again before 11th March; my business would not allow me to go down—on 11th March I received this letter from him—(read—"Greenwich Hospital, March 11th, 1850. My Dear and only loving Daughter,—I am happy to inform you that the Lord of Hosts has been pleased to hear the prayers of a poor penitent sinner; the Lord has healed your father, restored his sight and hearing, and has granted me wisdom, knowledge, and an understanding, and loving and forgiving heart to all mankind upon this earth; and I trust that the Lord will continue to grant us his mercy, and pour down his blessings on all in this world, and to dwell with our blessed Lord and Saviour in the world to come. Dear Mary, don't let this alarm you in any shape or form; let the Lord's will be done on this earth, as it is in heaven. Bless the Lord! I believe the Lord Jesus Christ to be the only begotten Son of our God and Maker, in whom I put my whole
trust and confidence for the salvation of your soul and my soul, and the forgiveness of our sins for ever. O my Father in heaven, never let us be confounded in our hopes, for Jesus Christ's blood's sake, that was spilt on Calvary for the redemption of our souls. O my soul, praise the Lord! My dear, I do not stand in need of a schoolmaster, nor a physician, I have applied to the Great One. To Miss Dawson, No. 24, Roupell-street, Cornwall-road, Lambeth, Surrey")—at the time he wrote this, his hearing and sight were not restored—he is deaf now; I have been obliged to get permission to have him close to the rails of the prison, to make him hear—a fortnight or less after writing that letter, he came to my house, and said he was quite in want of refreshments; he had come up for four days, and mast be nursed like a baby, and I must do it—he raved so for different people to be fetched that I thought it best to send for them, and when they came he scarcely spoke to them—I tried to get him home at the end of the four days, but he would not go—he went out for an hour or two, to go to Chelsea, and lost himself, and did not come home till six o'clock at night; next day he was so much worse, his face was so red, that I was afraid he would go raving mad, and got him out—he said he had met with an omnibus-man who would take him down to Greenwich for 3d.—I wanted to see the man, and he got in a passion, and set out to go by the train; then he said he would walk—I got him to a public-house in the Kent-road, and when I told him he must go home, he stamped and raved, and the police came; he went through the public-house out at the other door—I got him a good way down the Kent-road, and he would go no further, and I was obliged to go to Walworth with him to see a person to get him borne, and we went by the train to Greenwich-Hospital; I was from eleven o'clock till four getting him home—shortly after he came to me again, and said he had come for four days more—I was very much surprised, as I knew if he had his senses he would know I was not able to keep him; he came on Wednesday and staid till Thursday afternoon—he made this paper out at my house (produced;) it has the name of Mr. Rivers on it, he is a lieutenant—I thought it was a forgery, and sent it to Mr. Williams at the Discount-office, and told him to take no notice of it; he said he would not—that was about the middle of May—he once sent me two looking-glasses and a pair of plated candlesticks, and said that he should come home with his pockets full of gold, and then how I should smile—"Mary," he said, "you will never believe me, but you will see what I shall give you. I will take a farm; what would you like?—should you like a farm? we can get one for eighty pounds a year, and you shall have a servant to wait on you, and nothing to do but to ring the bell; for you have worked long enough and hard enough"—at that time I am sure we could not produce five shillings between the two of us—when the man brought the glasses I said, "I have my bonnet on now to get him confined at Greenwich; take them away, do not let him see"—I went to Mr. Williams again, and got the loan-paper to take to Greenwich, to show that he was not in his right mind, but was too late to get it—I was told I must send him down by a policeman, for they could not interfere—I did not do so, because I was afraid he would be worse—I came home and found him stretched out in the passage, across the doorway, with his hat doubled up under his head, and he wanted to stay there all night—in the morning I persuaded him to get up at seven o'clock, and get off, and I understood from him that he was called before the council, but he came back the same day; one of the neighbours ran to tell me he was in the streets again—I ran after him, got him home, and kept him that day and part of the next—he kept wandering from one doctor to another, saying, "What
a dreadful state my head is in, all faces coming before my eyes!"—after chapel on Sunday evening I heard he was driving about in a cab—I conld not find him—I went to Tower-street station, and told the police to take him up, and take him to Greenwich—they sent for me, and I found he was started off to Greenwich—I followed and found him in the guard-house; he had been away all Saturday, Sunday, and Monday night (Whit-Monday)—I saw him again on the Sunday after—he said, "What a while you have been coming! have you got the money? if you had only let me stop in town I should have got the money"—he said to Mr. Williams, who was going to London, "Will you send me the money?"—Mr. Williams said, "Yes"—at the time he wrote the paper proposing the repayment in two months, he had not the slightest means of repayment—on the Sunday week, after Whit-Monday, he begged me to give him some money; I gave him twopence—he seemed thoroughly rejoiced, and said, "Now I have got money"—next day he sent me a letter, but I did not take it in; I knew there was nothing of importance in it—I asked him afterwards what he sent the letter for; he said he wanted some money—three weeks after I had him confined I found him standing in my street, in a pouring rain, looking for me; he went wandering about to see if he could get some money—I never knew him signing people's names before he got bad in his head; a stricter honest man never was, he used to take my clothes home—this letter (produced) is his writing; it is from another loan-office (the Waterloo)—I sent to them and told them he was insane, but they took his money, three shillings, and told me they should give me in charge of the police if I insisted on having it back—I never knew him apply for money before he got bad in his head—he was very contented, and when he obtained the situation of mate in Nelson's Ward, he rejoiced because he could help me.
Cross-examined by MR. BODKINS. Q. Your father has always behaved affectionately to you? A. He was a very good father—he has been at Greenwich about twelve months—he was in Christchurch workhouse before that, I used to go and see him there—he spoke of his mates coming from Greenwich to me with him, but I never saw any one—I found that what he said about his resting in the galley, and having a fire lighted for him was quite true—he was in the full office of mate when he was so bad, and when he spoke of wanting money—it was just after the 11th of March when the letter was written that he began to have a desire for money—when he came out of the Infirmary, he was reduced from the office of mate, and sent into the other ward—he had not been addicted to drinking for the last few years—I never saw him in liquor but once in three years, that was when he was first-mate, I saw him not quite sober, and reproached him with it—I can judge between drunkenness and madness—when be was put into the strong-room, I spoke to a medical gentleman connected with the hospital—my father only came to me once after that—he never told me, and I had no reason to expect that he was writing checks on Lubbock's.
RICHARD SWAN . I am a butcher, of Cross-street, Blackfriars-road. I have known the prisoner twenty years—since he left the workhouse and went to Greenwich I have seen a great change in his manner—three or four months back he came to me and said he had plenty of money coming to him, as he had been kept out of it so long—once he came and wanted a joint of me, and once to borrow a half-crown or 5s.—I was cautioned by his daughter, as he was not right in his mind, not to let him have any—he was sober, but looked very wild about the head and eyes, which were staring almost out of his head, and the same when he wanted the joint—on Saturday nights, when he had a
little drop of beer, he had a little wilder appearance; he had always a peculiar way of acting—if he had had a glass of beer, he would speak his mind pretty freely.
Cross-examined. Q. I suppose, like most seafaring men, he was fond of drink when he could get it? A. I never saw him drunk in my life—since he has been at Greenwich, I have observed more wildness about his eyes than before.
JAMES WILLIAMS . I am in the Surrey and Metropolitan Loan and Discount-office, Stamford-street. About the middle of May the prisoner came there; he said he wanted a 100l., and bow was he to obtain it—I told him he must give three securities—this is one of our forms (produced)—he took it away, and afterwards brought it back filled up—I think I saw him about four times; other clerks saw him besides—he had not said ten words before I discovered he must be insane, for I have lost a wife insane, and have seen a great deal of it—it is usual to charge 2d. for the form, but I did not ask him for it, not wishing to irritate him—he brought it back, drew his pen through the word "Rivers," and said he would put another; and I found he had put his own name, so that he was to be one of the securities himself—I said I would give it every attention—he came about four times; once he said, "Well, have you attended to that?" I said, "Being so far off, business has prevented me"—he said quickly, "You could not let us have a sovereign on account, could you?"—he asked if a young woman had been there about him—I said, "Why do you ask?"—he said, "My daughter will come about me, but take no notice of her, for she is as mad as a March hare"—he appeared to me to be not in his right mind—the form has never been filled up properly.
JOHN GEORGE EAGLE . I am a shoemaker, and have known the prisoner fourteen years—I have seen him within the last few months—he applied to me for money to make a deposit to get loans with, and promised to set me up in business when he came into his money; that he would take two houses and turn them into one—I never found that he had the means of doing it; this was about two months ago—he used to come and sit in my place, wishing me to give him money.
Cross-examined. Q. He told you it was necessary to pay something to obtain a loan, that was correct? A. Yes, I gave him 2s.
CHARLES BIGNELL . I am boatswain of Nelson's Ward. The prisoner was mate in that ward; he absconded on the 17th, and was away eighteen days without leave—he came back on Friday, about half-past nine o'clock—he was taken to the council, and broke from being a mate—I was on duty when he was brought down by the police in a fly, and was taken from the Infirmary to the strong-room for insanity, by order of the assistant-surgeon, who is not here.
Cross-examined. Q. Is the strong-room a place where they put persons who are disorderly and drunk? A. That is one; but this was in the Infirmary—there is one for drunken, and one for insane men—the prisoner was not drunk when he came down from London—I have not seen him tipsy—they do not let men get drunk at the hospital—I have not known them go away and have a frolic for two or three days—they are all helpless in my ward, and cannot run away; I cannot say about any other—I have been there three years.
COURT. Q. If men in the college get drunk, have they not another dress put on them for a punishment? A. Yes; it has yellow sleeves, and a yellow waistcoat—the prisoner never wore it.
—M'Kay. I am master of St. Saviour's Union Workhouse. The
prisoner was there three years, previous to going to the College, and he afterwards came frequently to visit the men, but I saw nothing strange in his conduct till about the beginning of May—he called one evening, between eight and nine o'clock, about the middle of May, and asked if I would be kind enough to allow him to speak to a woman whom he named—I said it was rather late—he said he wanted to see her particularly, as he wished to tell her something about her future husband—he said he was appointed captain in the Royal Navy, and had a great deal of property coming to him—I did not believe that—I sent for the woman—she came, and said, "Do you want me, Dawson?"—he said, "Yes; I am appointed captain in the Royal Navy, and want a wife, and know no one I should wish for more than yourself; so put your things on, and I will make you a lady"—I said, "That will do, Dawson; you had better go home"—my first impression was that he was the worse for liquor; but I saw him several times after in the same state—I do not now think he was drunk, but that he was not right in his mind—I would not allow him to take the woman away—he said, "Tell West to put her clothes on, and come with me; never mind what they say"—on several occcasions after that I received small notes, written on slips of dirty paper—I put them into the fire, thinking them of no consequence—one of them said that West was to come to a certain place directly, if she wished to see her husband alive.
Cross-examined. Q. How long did he stay the first time? A. Not above ten minutes; I got rid of him as soon as I could—it was when he was going away that I thought he was not in liquor—I know his habits, and never saw him the worse for liquor—my impression is that he was not drunk—I refused to let him come in when he came again—the daughter subpoenaed me here to-day—she came to me, and told me if I saw him again to give him in charge of the police; and a few days afterwards I saw him in custody—that was about the middle of May.
SIR JOHN LIDDELL . I am a physician, and medical-inspector of Greenwich Hospital. Mr. Littleton was the gentleman in attendance when the prisoner was brought down—I did not see him for four days after his arrival—he was then in the strong-room, which would be appointed for a madman, but it is a ward like the others—I questioned him repeatedly—he said his father had left him 500l.—he said nothing about 40,000l.—it would be very difficult for me to give an opinion whether the evidence given to-day indicates insanity upon some one point, because the whole of it might have been produced by intemperance—if he was proved not to be intemperate, then I should have a greater suspicion of insanity—I cannot discover any wounds on his head, but they may have existed previously.
Cross-examined. Q. It was reported to you, on the authority of the daughter, that he was out of his mind? A. No; she did not say so; she said he behaved so wildly that she was afraid of him, and had brought him down to me—I placed him in a part of the building which would give me facilities for watching him; it is a case of daily occurrence in the hospital—I saw no indication of his having suffered from delirium tremens—it would not be apparent, except when the paroxysms were on him—it is the result of protracted intemperance generally, and from accidents—I had not known him before in the hospital—if he had had any attack of any kind he would have been brought to me—I discharged him from the Infirmary.
MR. PAYNE. Q. Are persons insane sometimes on one topic, and quite rational on all others? A. Yes; if a person said he was a captain in the Navy, and wanted to marry a pauper, I should have great suspicion of his sanity;
but he might have some object in view—I am not able to say whether at his time of life delirium tremens might come on in consequence of previous intemperance which had been since abandoned—it generally results from intemperance that has been continued for a few days, but I should not say above a week—when it has once got into insanity it would be liable to break out at times again—a man is always liable to its recurrence.
COURT. Q. Supposing he was deluded with the notion that he was made a captain when he was not, would not that indicate that his mind was not right? A. It would—intemperance is a very common cause of incurable insanity—the receptacles for insane persons are half filled with persons who owe their condition to their intemperance, and more especially as respects naval insanity—I think drinking porter and ale much more likely to cause it than spirits—if a man had led a drunken life up to three years ago, that would not be likely to produce a want of health in the mind now, if his health had been in a state of integrity up to that period.
GUILTY. Aged 71.—Recommended to mercy by the Jury, in consequence of the great length of time he had been in the service, and his extreme age.— Transported for Ten Years
GUILTY of an Assault. Aged 25.— Confined Two Years.
NEW COURT.—Thursday, August 27th, 1850.
FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 18.— Transported for Seven Years.
1429. HENRY TUCKER , stealing 1 pair of boots, value 7s.; the goods of Charles Nash;also 2 pairs of trowsers, and other articles, 14s.; the goods of Joseph Carter Wood and others; having been before convicted; to which he pleaded
GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 31.— Confined Four Months.
MESSRS. PARRY and CHARNOCK conducted the Prosecution.
JOSIAH JOSEPH HATCH . I am a furrier, and live in Friday-street. I had a person named Turner in my employment—it was my custom to give skins to workmen out of doors, to be manufactured for me—Turner was so employed in June—on 28th June I gave him 200 mink skins, and 150 musquash skins—the mink skins were for boas—they were worth about 15l.—in consequence of communication, I went to Turner's workshop, in West-street, Smithfield—I sent Dibley toTurner's; he brought part of the skins, but I missed sixtytwo mink skins—that was about 8th July—I went the same day to the
prisoner in Peter-street, Cow-cross—I saw him there—I said, "My name is Hatch; I understand you have some skins of mine, which you received from Mr. Turner"—he said, "I have none"—I told him I had very good evidence that he bad got them; I wanted no trouble, but I wanted my property—he said, "I have had no skins of Turner; what skins are they?"—I told him mink skins—he said, "I never saw a mink skin in Mr. Turner's possession," or words to that effect—I said, "My evidence is very good; give me up my property"—he said, "So help me God! I never have had any; I never saw any mink skins in Turner's possession"—the prisoner keeps a fur shop—there were a few common fur-skins in the window—I then went back to Mrs. Turner, and told her Harris denied having them—I took her to Harris's directly—there was Harris, Mrs. Turner, Dibley, and myself—I asked Harris for my property—he said, "I never had it"—I said, "That is my author; Mrs. Turner says that you had some"—upon that he said, "I did have the skins; I lent Turner some money upon them"—on asking why he did not say so at first, he said, "That is my business"—I said, "Is that your usual way, to advance money to persons on property?"—he said, "I will advance money to anybody on anything, without asking any questions, and what can you make of that?"—I think he said he had sixty skins—Mrs. Turner said, "You told me forty"—I am not aware that he made any direct answer to that—he said he lent 2l. on them—Mrs. Turner again said, "You said 3l."—he said, "Turner had the skins back, but I have not had my money"—he asked me to look and see if there were any skins there—I said, "Furriers know too well what to do with skins."
Cross-examined by MR. ROBINSON. Q. Has Turner a workshop? A. Yes, we expect he takes these skins there to manufacture, and brings them back—he takes them from us to manufacture—I have no partner.
GEORGE DIBLEY . I am a fur-skin dresser, in business with my mother. I went on 9th July with Mr. Hatch to the prisoner's premises—Mrs. Turner was there—we asked the prisoner what he had done with the mink skins belonging to Mr. Hatch—he said, "I have not seen any mink skins"—Mr. Hatch said that he had, and I also said that he had—Mrs. Turner said, "You know you received mink skins from my husband; you know you came two or three times to our house, and I met you in Skinner-street, bargaining for skins in the street"—the prisoner said, "Well, Turner did come here and left a parcel of skins here: I did not know how many there were; I lent him 2l. on them; he came again and took them away"—I said, "Why did you not tell Mr. Hatch this morning?"—he said, "That is my business; I do business in my own way; I lent the man 40s. on them, and he came and took them away, and what can you make of that?"—he said he did not know the number of skins—I said, "That is a very strange way of doing business, that you should take in skins, and lend money on them, without knowing how many there were"—he then made the remark to Mr. Hatch, that he took in goods of anybody without asking questions, and be did business in his own way—I got 168 mink skins from Turner's place.
Cross-examined by MR. HUDDLESTON. Q. Are you any relation of Mr. Hatch? A. No; I am a connection of his—these skins are used for making boas and muffs—before they are given out they are marked—then the men come and fetch them, and make them up into boas and muffs, and bring them back.
MR. CHARNOCK. Q. What is the mark on them? A. A perforated mark of an H.
to the prisoner's place in July—Mr. Hatch asked him what he had done with the mink skins—he said he had not seen them—I told him that he had received forty mink skins from Mr. Turner—he then said he knew he did—Mr. Hatch asked how he came to have them—he said that was his business, he did as he liked—he said he gave Turner the skins again—I saw the prisoner twice at our house—he came, and asked if Turner was at home—I said he was not—he said he wanted 3l. 15s.—I asked him what for—he said for forty mink skins—he went away, and came again the next day—he asked if Turner was at home—I sard he was not—he said if he did not receive the money that night, he should sell the skins—I said he must not do anything of the sort, they were Mr. Hatch's skins, he knew—he said he wanted his money—on the Saturday after he came for the 3l. 15s., I saw him and my husband in Skinner-street, with some skins—I think my husband then had sixty skins—they were Mr. Hatch's, and were all marked.
Cross-examined by MR. ROBINSON. Q. You told him he must not sell the skins, because they were Mr. Hatch's property? A. Yes; he came for 3l. 15s., which he said my husband owed him—I was once given in charge for taking something from a ready-furnished lodging, but it was made up, and the landlord would not press the charge—I pledged two sheets and a blanket, but I paid the 5s., and paid everything.
MR. CHARNOCK. Q. Were you and your husband in considerable distress? A. Yes, we were starving at the time—my husband was out of work six months.
WILLIAM TURNER (a prisoner). I was committed by the Magistrate on a charge of stealing some skins from Mr. Hatch—I was intrusted by him in June with 200 mink skins and 150 musquash-skins, to make up into boas, and so on—on the day I had them I saw the prisoner—I had known him several years by living in the same parish, or close by where he lived—I met him as I was going home with the work that day, in West-street, where my working-place was—I had the skins in my bag—he asked me if I had got any money—I told him I had not, but I had some skins belonging to Mr. Hatch, he could have some of them—they were stamped with an H., so that everybody in the trade knew that they belonged to Mr. Hatch—I then went with the prisoner to a public-house—he looked at the skins, and took some of them—I do not remember how many on that occasion—I think he took twenty altogether with Mr. Hatch's mark on them—the money I owed him was 10s. as interest on money I had borrowed of him before, and he gave me 10s. on that occasion—I told him I had just brought the skins from Mr. Hatch's, and they were stamped with H—I think this was on a Tuesday—I saw the prisoner again on the following Saturday—he had been to ray house, and left word for me to fetch the skins away; and from what my wife said, I went to him—he asked if I was going to take the skins back—I said I could not, and he said he should dispose of them—I told him not to dispose of them, because I expected to get sufficient money to redeem them—I came away and left him—I met him again on the following Saturday, in King-street, Holborn, at the George—I met him by appointment—I had the skins with me—I asked him if he had disposed of the skins—he said, "Yes"—that was the twenty skins he had taken in the public-house—I told him I had some more skins, if he would buy them of me—(I had twenty minkskins of Mr. Hatch's, marked the same as the others)—he said he would look at them—he went and looked at them—I waited while he was gone, and he brought me 2l.—he kept the skins—there were only twenty of them, not twenty-six—I saw him afterwards—once while I was with him at the bottom of Skinner-street, my wife passed—I had then a parcel of skins with me.
Cross-examined by MR. HUDDLESTON. Q. You have come out of prison? A. Yes; I do not know whether I shall go back there—I do not know whether I shall be tried on this charge—I was in prison once before, for three months—I was not tried—I was before the Lord Mayor—that was not for stealing skins—the things were taken from my place while I was away—I knew nothing about it—I was charged with stealing goods from a readyfurnished lodging, but I did not steal them—the prosecutor was paid, and it was settled.
COURT to MR. HATCH. Q. Was Turner in your service? A. Yes, as outdoor servant—he was not in business on his own account.
MR. HUDDLESTON. A. He worked for Mr. Miller, did he not? A. Yes; he worked for me by the piece—I paid him for what he did.
COURT. Q. Did he work for other persons in the same way he worked for you? A. Yes—he came to me, and asked me to give him work in the house—I told him the house was not sufficiently large to employ all my men; I had several, eight or ten in number, but I would give him work out of doors, instead—I paid him the same as I did the men in-doors who worked piece-work—I have men in-doors employed by the piece, and some by weekly wages; the major part by weekly wages—Turner was paid regularly weekly, with my other men in the warehouse.
NOT GUILTY .
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
JAMES BUSTARD (policeman, N 353). I took the prisoner into custody—I told him he was charged with marrying Elizabeth Long, and also with marrying Eliza Payne, who was then in the room—he said she was his wife, and he was sorry for it—he said that Elizabeth Long was also his wife—I produce a certificate, which I got from Hoxton Church, Shoreditch, and one from Shoreditch Church—I compared them with the books.
Cross-examined by MR. PARNELL. Q. How did you compare this? A. The vicar read it from the book, and then I compared it with the book myself—the prisoner was given in charge by Elizabeth Long—I told him it was on a charge of marrying Elizabeth Long while his first wife was living—I mentioned to the prisoner the name of Eliza Payne—she was in the room—I asked him if she was his wife—he said, "Yes"—(this certificate was of the marriage of Robert Frost, bachelor, and Elizabeth Long, spinster, on 27th May, 1849, at Shoreditch Church.)
Cross-examined. Q. Did you compare it word by word and figure by figure? A. Yes; it is a district parish-church—our register is kept at our own church—(this certified the marriage of Robert Frost and Eliza Payne, on 10th June, 1846.)
ELIZABETH LONG . I live in Huntingdon-street, Hoxton. I know the prisoner—I have been acquainted with him fifteen months—he paid his addresses to me, and said he was a single man—I married him on 27th May, 1849, at Shoreditch Church—the banns had been published—we lived together
about two months—some lady called on me at 52, Essex-street, where I was living with the prisoner—the prisoner was not at home when she called—I afterwards saw her in the prisoner's presence—she said to him, "Robert, I am your wife"—he made no answer—I asked him whether she was his wife or no, and he said, "Yes," she was—they went away together—I saw him again about six months afterwards—I asked him if he had any money to give me, and he said, "No"—I did not give him in charge then—I did not see him again till I had him taken, on 30th July—the lady who called on me, and claimed to be his wife, is not here.
COURT. Q. When did you see that lady last? A. A fortnight ago, before the Magistrate—the prisoner saw her—I stated before the Magistrate what I have stated here to-day.
Cross-examined. Q. You wanted the prisoner to come back and live with you? A. No; I am quite sure of that—I did not ask him to come and live with me when I asked him for money—I live with my sister—I get a living by selling earthenware in the street—the prisoner told me he was a single man—I had known him ten months before I was married to him—I heard that he was married—I did not say to Henry Oliver that I did not care a d—n; I should marry the man I liked—I and my mother put up the banns—the prisoner told me to put them up—he is a shoemaker—I lived comfortably with him till the other lady came—when she said, "Robert, I am your wife," he did not say, "I thought you were dead;" he cried—when I heard he was married I asked him, and he said he was single—I do not recollect that I was told I had better make some inquiry about it—I went to inquire of his first wife's aunt, and could not find her—I did not tell Mrs. Kendall, I did not care if he was married—I put down the banns as bachelor—there was no one to prove he was married.
MR. RYLAND. Q. You heard he was married, you asked him, and he said he was single; you believed him, and the marriage went on? A. Yes.
The prisoner's statement before the Magistrate was here read:—"Three years and a half ago my wife left me; I made inquiry after her, and from what I was told by her aunt I believed she was dead."
(The prisoner received a good character).
GUILTY . Aged 26.— Confined One Month.
HENRY LEATH . I am a hosier. The prisoner was my servant of all work, and lived with me nearly four years—I went to Mr. Boyce's shop, and found these shirts, waistcoat, handkerchiefs, and other things; they are mine—I had some of them safe twelve months ago, and all within thirteen months—the first thing I missed was this holland—this waistcoat I saw safe perhaps six or eight months ago—I found this tablecloth at the pawnbroker's, I never missed it till I found it there—these shirts I cannot say when I lost—I spoke to the prisoner about some blue cotton—she said it was up-stairs in the wardrobe; I said it was not, she said it was—I said I would convince her it was not, and I took the duplicates out of my pocket—she then begged my pardon, and asked me to forgive her—I said I could not—I sent for the policeman.
Prisoner's Defence. I am guilty of having made free with the articles; they were taken to make up weekly accounts, not being able to obtain money at particular times when customers were in the shop; the money has been spent in the house.
(The prisoner received a good character).
GUILTY. Aged 40.—Recommended to mercy by the Jury.— Confined Three Months
WILLIAM WEST . I live in St. James's-place, Hampstead-road, with my father who is a wheelwright. On Wednesday evening, 27th June, the prisoner came and inquired if the governor was at home—I told him he was in the country, but would return on the Friday evening—he said he wanted to know what he would build him a new truck for—I said about six guineas—he said he would come the next morning and hire one, and he came and brought his man with him—he hired a truck for half a day—it was my father's, Richard West's—the prisoner wrote down his name and address—the truck went away, and never came back—we found it in Winchester-street, Pentonville—I went to the address the prisoner gave, which was No. 23, Drummond-street, Euston-square, I could find no such person there—on the day before I went before the Magistrate, I saw the prisoner in Cheapside, in one of Hansom's patent cabs, and I gave him into custody—I told him I wanted to see him respecting the truck—he said, "Very good, he was just going to see about the truck and send it home."
Prisoner. Q. Have you any witness to prove what passed between us? A. No; the truck does not belong to me—I cannot say whether my father has seen it.
THOMAS GIDNEY . I am a greengrocer, and live in Winchester-street, Pentonville. On Thursday, at the latter end of June, the prisoner came to me, and asked if I knew anybody that would buy a truck—I told him I would buy it—I have seen the prisoner about—I am sure he is the man—the truck was afterwards fetched away by a policeman—I saw the same truck at the police-office—I bought it, about two o'clock in the afternoon, for 30s.—I had it outside my door.
Prisoner. Q. Did you ever sell a cart? A. No; I did not sell one the same day that I gave you the money for the truck—when I bought the truck I said I would give you 30s. for it—I did not say if you had sold it to any other person it would have fetched 3l.—I did not tell you where you could get the truck from—I did not say if you could get a truck I would give you half the price of it—it was not new painted when you brought it to me—it had not been painted a long while—I painted it blue.
Prisoner. Q. Had you ever seen it outside that door before? A. No; if I had I should have claimed it—it is worth from 4l. 10s. to 5l.
Prisoner's Defence. On the evidence you will find there was only 30s. given for the truck; Gidney was the whole and sole foundation of my getting it; he said he had lately sold a cart, and if I got this truck he would take, care it should not be found out, he would have it painted a different
colour; I got it, and went to a public-house, and he gave me 30s.; he said I had a right to do this, as he told me of two others which I got and sold; I knew him by seeing him on the Caledonian-bridge.
HENRY MONTAGUE (City-policeman, 97). I produce a certificate of the prisoner's former conviction at this Court by the name of William Norton—(read—Convicted February 1849, and confined six days)—I was present—he is the man.
GUILTY . Aged 19.— Transported for Seven Years.
(There were three other indictments against the prisoner).
1436. WILLIAM KEMP , stealing 25 sovereigns, 9 half-sovereigns, 9 half-crowns, 2 florins, 8 shillings, 16 sixpences, 4 groats, 15 pence, 73 half-pence, and 16 farthings; the moneys of Mary Sockett, his mistress.
MARY SOCKETT . I am single. I am a dairywoman, and live at Hackney—I am mistress of the house I sleep in—the prisoner was in my service five months—he sleeps in the house—I have a maid-servant, who sleeps with me—about eleven o'clock, on the night of 18th July, I fastened up the front door—the prisoner fastened up the back-door, and as far as I know he went to bed—I afterwards tried it, it was fast—before that I counted some money in a cupboard in my back room—there was 29l. 10s. in sovereigns, and 1l. 19s. in silver, two 2s. -coins, and some halfpence—the gold was in a blue purse in my work-box—I then put my work-box in the cupboard, locked the cupboard, and took the key in my bedroom with me—there were no persons in the house but me, and the maid, and the prisoner—at a little before five in the morning I heard the prisoner go down—he afterwards came to my bedroom door and said the back door was open—I said, "It cannot be so, did not you fasten it last night?"—he said yes, he would take his oath he did—I said, "And I tried it after you"—I then heard him go back to his room—I and my maid got up—my maid went down at half-past five, and I went down about a quarter of an hour afterwards—I then called the prisoner, who was in his bedroom—I then went to my cupboard to give change, and found the money was gone, with the exception of a half-sovereign, a sixpence, and some halfpence—I sent for a policeman, and for the inspector, who examined the premises—while the inspector was there the prisoner came back—he had gone to a house that he went to every morning—the inspector called him to the back door and asked him some questions—the prisoner said he was quite positive, he had fastened the door the night before—the inspector told him there was no mark of violence; the robbery had been committed by some person in-doors—the prisoner said did he think he would rob his mistress—I gave the prisoner in charge—I went with the officer, and found some money under a flag-stone in a closet in the kitchen, which the prisoner had for his accommodation—a sovereign and some silver was found on the prisoner—his wages were 12s. a week—I paid him every Saturday—I bad paid him the Saturday before—amongst the money that was found there were two 2s. coins—I know I had such—the prisoner knew where I kept my money.
JAMES COWARD (police-inspector). Between six and seven o'clock in the morning of 19th July I went to Mrs. Sockett's house—she took me to a cupboard in the back-parlour and showed me a work-box—the lock of it had been pushed back by a knife—I examined the back-door—there was no mark of violence outside or inside—the prisoner came in while I was there—I took him to the back-door, shut, bolted, and locked it, and asked him if that was the way he fastened it last night—he said he could swear it—I then fastened an inner door, leading from the washhouse to the passage, in a similar way—I asked him if he fastened that in the same way—he said he
did—I then told him I was certain some person in the house had effected the robbery—he said nothing to that, and was given into custody—I went to the kitchen, to a cupboard—I noticed that a flag-stone had been loosened—I took it up, scooped out the mould, and found four half-crowns, ten shillings, some 4d. -pieces, twenty-four sovereigns, and other gold, and two florins—I then searched the prisoner, and found on him a sovereign, some silver, and 1s. 3d. in copper—he said, "That belongs to me"—the prosecutrix's house is in the parish of St. John, Hackney.
Prisoner's Defence. I have been in the prosecutrix's service as milkcarrier for seven months, and always accounted satisfactorily for all money received—I never had the least idea of robbing her—a female servant was in the employ, who not agreeing with me at all times, I leave it to you to consider whether I might not have been made the object of her revenge.
GUILTY . Aged 21.— Transported for Seven Years.
JAMES BENTLEY . My father's name is William Bentley, he keeps a broker's shop in Church-street, Edgeware-road. On 23rd July I saw two decanters outside, at half-past twelve o'clock; a few minutes after five a lad told me something—I missed the decanters, went after the prisoner, and found him in Providence-place with three or four boys; he had the decanters with him—I said, "You are the person I want;" he said, "Come on then"—I turned round, and he was running down the court—I saw a policeman and told him—they were my father's decanters.
Cross-examined by MR. PARNELL. Q. When did you see the prisoner again? A. In about two hours—he was about as quarter of a mile from our shop—I had seen him often before—I knew his person but not his name—I knew he lived down the court—he had a smock-frock on, and was without shoes or stockings when I saw him again—I am not certain whether he had a cap or hat on—he had brown corduroy trowsers.
ELIZA BURTON . I live opposite the prosecutor's. On 23rd July I saw the prisoner walk up to the table where the decanters were standing at the back part—he reached one and brought it nearer to him—he then went under the blind for eight or ten minutes—he then went back and took the decanter that had been back, put it under his smock-frock, he then took the other, and put it under it, and ran away—I sent my son to tell.
Cross-examined. Q. Did he go in the direction of Providence-place. A.I believe so—I did not know him before—he had a smock-frock on, corded trowsers, and a cap—he bad no shoes—I was in the first-floor, opposite him—I am certain he is the person.
GUILTY . Aged 20.— Confined Four Months.
JAMES GODDARD . (policeman, T 80). I received information, and went to some premises in Earl's-court, Kensington, belonging to Robert Gunter—on 14th July, I missed a quantity of lead from the roof of the house—I found some lead behind a large paving-stone against the wall, near the place
where the lead was missing—it was then about seven o'clock in the evening—I left it there, and went again about nine, and watched—I saw the prisoner come and listen—he looked round the corner where I was secreted—he then went to the stone, took the lead, and unbuttoned his jacket, and put it inside—he was going out of the garden, and dropped this lead, I took it up and took him—I have compared this lead with the roof; it corresponds exactly—I asked the prisoner where the lead was that he put inside his coat, he said he had none—he had a rag in his hand—I found this knife next morning on the spot where I took him.
WILLIAM RUBYGALL . I am foreman to Robert Gunter. I missed lead from his premises in Earl's-court—I was with Goddard when he compared this lead; it matched the gutter it was cut from—the prisoner had no right on the premises
GUILTY.* Aged 19.— Confined Twelve Months.
GUILTY . Aged 19.—Recommended to mercy.— Confined Two Months
ROBERT LONEY . I am a labourer. On 12th July I saw the prisoner coming up Tower-hill with an empty sack, towards Irongate-wharf—in ten minutes or a quarter of an hour he came back with something in it on his back—I went up to him and found it was a bundle of paper—this is part of it(produced).
FRANK THOMAS . I am superintendent of Irongate-wharf. On 12th July, about seven in the evening, I saw a large quantity of paper there, the property of Joseph Adams and others—the bundles were all numbered—next morning I missed one bundle—the wrapper on this bundle was the same number as the bundle I missed.
GEORGE BRASSETT . I am employed at Irongate-wharf. I enter the number of papers in this book(produced)—I have here M. C. M. 507—that is the mark on one of the bundles on the wharf, the missing bundle, and also the mark on this wrapper.
GUILTY . Aged 61.— Confined Four Months.
MESSRS. BALLANTINE and COCKLE conducted the Prosecution.
WILLIAM FINER . On Sunday, 7th July, I was sitting with my wife and a little girl, in the parlour—I sent up to the prisoner to tell him tea was ready—he did not come—I sent again, saying if he did not come I would order the things to be cleared away—he came and asked me how I dared to send such a message—I said I dared do anything in my own house—he called me a liar and blackguard, and threw me on my back—when I got up, I thought he was dead, and sent for a pail of water—he jumped up and said he had been in communication with his brother, about a criminal prosecution against me which would transport me—he knocked me on the bed, took me by my handkerchief, twisted it, and very nearly strangled me.
Cross-examined by MR. CLARKSON. Q. Had you any notion of his intending much more violence to you? A. No.
GUILTY of an Assault.— To find sureties to appear and receive judgment when called upon.
JOHN SPITTLE (City-policeman, 9.) On the night of 11th Aug., about eleven o'clock, I was in plain clothes at Old Shades Pier—I saw the prisoners get into a steam-boat—I followed them—they got out at Hungerford-market, where they attempted to pick the pockets of several females getting out of the boat—they then got on board another boat, and went to Old Shades Pier again—just before the boat came alongside again, Samuel put his hand into a lady's pocket, kept it there a short time, and took it out—he then went into the fore-cabin, came back, and passed something to Jane, who had stood about a yard off him when he did it—I spoke to the lady, seized Jane, and took from her hand five shillings, two sixpences, and one penny—Samuel escaped—I took him next morning near the station where Jane was—I told him the charge—he said he had not been on board any steam-boat, but had been at his mother's all day.
Cross-examined by MR. CHARNOCK. Q. Was anybody with you? A. No—I did not consider it my duty to take him for putting his hand into the pockets before he took anything—Jane was looking towards the lady—she said at the police-court she had just taken the money out of her pocket to buy a 1d. worth of gooseberries—the lady told me what she had lost, before I told her what was in Jane's hand.
MART ANN VENESS . I went from Hungerford to the Old Shades on a steam-boat, on the night of 11th Aug.—I had a purse safe in my dresspocket when I went on beard, with about 6s., in sixpences and shillings, in it—Spittle spoke to me, and I missed it.
Cross-examined. Q. Are you a widow? A. Yes; the policeman did not tell me how much be had found—my purse was not found.
Cross-examined. Q. You do not swear to him. A. Not positively.
JANE SKIFF— GUILTY.* Aged 19.— Confined Six Months.
SAMUEL SKIFF— GUILTY.* Aged 19.— Transported for Seven Years.
THIRD COURT.—Thursday, August 22nd, 1850.
PRESENT—Mr. Ald. COPELAND; Sir JAMES DUKE, Bart., Ald.; Mr.
Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
GUILTY . Aged 14.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
1446. ELIZABETH WATTS , stealing 1 bonnet, value 1s.; the goods of Emma Jordan: I bonnet, 1 petticoat, and 1 gown, value 3s.; the goods of Elizabeth James: 2 gowns, and other articles, value 30s.; the goods of Charlotte Goddard: and 2 shawls, and other articles, value 2l. 1s.; the goods of William Ayres, her master: to which she pleaded
GUILTY . Aged 18.— Confined Six Months.
1447. MARY ANN RAWLINGS , stealing 1 brooch, 2 watches, and other articles, value 19l. 10s.; the goods of Sir Colin Halkett, her master, in his dwelling-house: and JOHN MARTIN and CHARLES MURRAY , feloniously receiving 1 brooch, part of the said goods.
(Mary Ann Rawlings did not plead to the indictment, and upon the evidence of Mr. M'Murdo and Mr. Sewell, surgeons of Newgate, the JURY found her of unsound mind.)
MR. HUDDLESTON conducted the Prosecution.
LADY LETITIA HALKETT . I am the wife of Sir Colin Halkett, the Governor of Chelsea Hospital. Rawlings was in my service three weeks—this brooch(produced) is mine—I did not give it to Rawlings—I saw it safe about a week after she came into my service, and missed it the day she left.
Cross-examined by MR. BALLANTINE. Q. What is the value of it? A. About 6l.
HENRY ABRAHAM BODMAN . I am shopman to Mr. Grant, a pawnbroker, of Park-side, Knightsbridge. On 4th July I gave Martin 34s. for this brooch—there was another person with him—they were both in uniform—Martin produced it, and asked if I would buy it—I looked at it, and asked him what he wanted for it—he said he brought it for a friend of his, who was rather in difficulties, staying at his house, and said he wanted 2l. for it—I told him I would give him 33s. for it; and he said, "Well, you must give me another shilling for the trouble of bringing it, me and my comrade"—I gave him 34s.—he did not give me his number, but I took it—it was 36.
Cross-examined. Q. Did your master know of this? A. He was out at the time, I told him when he came home—I knew the brooch was gold, and I told the prisoners so—I will not swear that I told them; to the best of my belief, I did—it weighs 11 1/2 dwts., and it is worth 52s. 6d. an oz., which brings' it to about 34s.; that is, if it was sold as unworked gold—there is an opal in it, but it has a flaw in it, and there are rubies round it—I offered it for sale, and the most I could get was 2l. 2s.
Murray. Q. Did the person who came with Martin take any part in it? A. No; they were both in full uniform—I took the number of the one I did the business with, but not the other.
MR. HUDDLESTON. Q. Did Martin tell you he had taken it to several other people? A. Yes; he told me he took it to a place in Pimlico, and they offered him 30s.; and then to Jacobs, a Jew, three or four doors from us, and he offered him 30s.—I cannot identify the second person—I was present before the Magistrate when the prisoners made statements.
HENRY HILL (policeman, B 176). I received information of this robbery—I apprehended Rawlings, and traced the brooch to Mr. Grant's—I saw Martin the day after—he said the brooch was given him by Mary Ann Rawlings, servant to Lady Halkett, and that he sold it for 33s., at Mr. Grant's, at Knightsbridge, and that Murray was with him—he afterwards said that they got 34s., but 1s. of it the pawnbroker gave them for drink.
Cross-examined. Q. What office in the force do you hold? A. A common constable—when I spoke to Martin I did not know he was the person who told it; I suspected he was—he told me at once that he sold it, and I found that he gave me the best information on the subject—he said he should be very glad to get hold of Rawlings, and was very angry at having been led into the scrape—he referred me to a person named Martine, who could give me information about her, and Martine gave me the information, upon which the was arrested—it turned out that Martin had been the means of getting her a situation, through Martine—I received information that she might be at No. 4, Adam-street, and I did arrest her at 20, Adam-street—Martin remained at the top of the street while I did so—I told him to stay there, that she might not recognise him.
(Murray's statement before the Magistrate was here read: "She was introduced to Martin, about fifteen months ago, as a respectable person, a lady's-maid, who had lived in several respectable families, and was married to a Frenchman, named Martin; when she left Lady Halkett's, she applied to his wife to let her go to his house, as her husband was going to France; he took her to lodge, and she becoming short of money, asked Martin to raise her some money on a brooch; he told her that he had not got the money, or he would have let her have it himself; so he came away, and called at my house; we knew each other before he entered the force, and were very friendly ever since; he asked me to go for a walk, as he was going up Knightsbridge to sell a brooch for the poor woman; we went to Mr. Grant's; he told the pawnbroker he had it to sell for a poor woman who bad left Lady Halkett's; the pawnbroker asked how much he wanted; he said there was no particular price put upon it, to give as much as it was worth; the pawnbroker said he could only give 33s., the utmost value; we got 1s. more for beer, and we both agreed to let that 1s., as well as the 1l. 13s., go to the poor woman; we went to that shop because we were known, Martin being on the beat, and I on the opposite side of the way; with respect to myself, I had nothing to do with it only accompanying Martin to the place of sale, although that has not been proved, but I entirely admit it; I never touched the money, and never saw Rawlings but twice in my life; there was nothing to excite suspicion, having filled the situation of lady's-maid in several places of distinction, and a brooch being an article of female attire that she might reasonably be supposed to possess, and she wore a gold watch and chain when I saw her."—Martin's statement was also read as follows: "I have no more to say than what Murray has said.")
Cross-examined. Q. Did the prisoners go to the police-court as witnesses? A. Martin did on the first day.
Murray. Q. Did you call at my house after Rawlings' examination, and warn me to attend at the police-court, as I might possibly be wanted? A. Yes—you did not say you should attend on account of the suspicion hanging over your character—you did attend.
Crow-examined. Q. When was it? A. The 8th or 10th July—Rawlings was three weeks in my mistress's service—Martin's wife and three or four children were also at the house.
ANN BRERETON . I live at 2, James-street, Buckingham-street. In July 1849, Rawlings was in my sister's service while I was on a visit to her—this gold pin(produced by Davey) is my property—it was in my possession when I was at my sister's—I never missed it till the policeman brought it—I went to my sister's in June.
JOHN ROBERTS . I am a pawnbroker, of 42, York-street, Westminster. On 6th July I delivered a pin, which this one exactly resembles, to two policemen—it had been pledged before, with a watch, and the pledge was renewed—I cannot say who that was.
Cross-examined. Q. The ticket will tell whether it was by a male or female? A. The ticket is "John Martin," and is dated 7th July, 1849—I have another ticket before that, dated 22nd Feb., 1849, when it first came into my possession, pawned with a watch, in the name of William Lynn—I gave 1l. on the two—that indicates that it was pawned by Lynn, afterwards redeemed by some person, I cannot tell who, and then pawned by John Martin—it exactly resembles the one pawned in Feb., 1849. JOHN DAVEY (policeman, B 119). 1 took this duplicate of Martin, and took this pin(produced) out of pawn.
(The prisoner Murray, in his defence, repeated the statement he had made before the Magistrate, and called the attention of the Jury to his being in uniform when he pledged the brooch; he also stated that the pawnbroker failed to identify him at the police-court, and he would then have been free had it not been for the admission he made, wishing to have a fair acquittal.)
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
GEORGE RUSSELL . I am shopman to Mr. Hunt, of Whitechapel-road, a cheesemonger; the prisoner was also a shopman. On the day this charge was made (I do not recollect the date) the prisoner asked me if I had a mind to make a couple of shillings—I asked what he meant—I do not recollect the exact words he used, but he wished me to take 3s. from the till, and said he would make it right in the book, meaning the cash-book which he kept—he said he was to have a part of it, but I do not recollect the words he used—I said I would not do it—he asked me again if I would not do it, and then I thought perhaps the governor was trying me, and had set him to do it, and that made me say, "Is it a catch?" and he said, "No, by God! it is not"—he asked me once more—I considered, and said I would—I took 3s. from the till, and put it into my waistcoat-pocket—he afterwards asked me if I had got it—I touched my pocket, and said I had—the first opportunity I had 1 told young Mr. Hunt, and he marked the shillings, and gave them me again—after that the prisoner asked me to lend him 1s. 6d., and I gave him two shillings that were marked—in the evening Mr. Hunt came home, and I was called into the kitchen, where the prisoner and a policeman were—the governor asked me what I had to say, and I told him Wollard had persuaded me to take 3s. from the till—the two shillings marked were lying on the table—these
(produced) are them—the prisoner denied it, and said he was willing to go to the station if the governor thought fit.
Cross-examined by MR. BALLANTINE. Q. What age are you? A. Twenty-two—I went into his employment at the end of Jan.—before that I was two months shopman to Mr. Wilkins, a cheesemonger, of Pimlico—I left there on account of illness—before that I was two years with Mr. Hall, a linendraper—young Mr. Hunt is twenty-two years old—there have been quarrels between him and his father and mother—I have not seen young Hunt fighting with his mother—I have heard of it—I cannot say whether the prisoner has separated them—I told young Hunt of this because he is master when the other is out—Mrs. Hunt was at home—I am not more familiar with young Hunt than the other men—yesterday is the first time I ever drank with him—the prisoner had asked me to rob the till twice before that—I did not tell Mr. Hunt of that—I did not express astonishment about it—I thought it was a catch, or trap—I have no idea what made him ask me to do it—when I patted my waistcoat to show I had got it, there were several customers in the shop—there was no one to notice it—the prisoner was on the other side of the counter—I had not arranged that that should be the sign, but thought it was the best way to show it—I was on one side of the counter, and he on the other, when I gave him the 2s.—no one else was present—there might have been people in the shop, but no one within hearing—the prisoner had better wages than me—I am still in the employment since I have disclosed this, and get 1s. more than I did—I do the prisoner's work, but I have not got his pay—there is 4s. 6d. more to come—that will come to me some time, as I have been as long as any one in the firm.
THOMAS HUNT . I live with my father, Thomas Willomatt Hunt, at 141, Whitechapel-road. On 16th July, Russell produced 3s. to me, and made a communication; in consequence of which I marked 2s., returned them to him, and kept the other—in the evening the prisoner was called into the kitchen, a policeman came, and my father told the prisoner he had reason to believe he had been robbing him, or exciting a fellow-servant to rob him—he said he merely asked George to lend him 1s. 6d., and he threw the two marked shillings on the table—George is the last witness.
Cross-examined. Q. Was any one present when you marked them? A. Only Russell, my father had gone into the country at six o'clock that morning—Russell told me of this when I came out from tea—I arranged that he should hand the 2s. over when the prisoner asked for it—I saw him hand something to the prisoner, but cannot say what it was—I was within two yards of them, on the same side of the counter as the prisoner—I did not hear him say anything—we only allow one man to go to the till—the prisoner could not go to the till without the others seeing him—the prisoner had given as notice to quit two or three times, but we took no notice of it—I have never been accused of any dishonesty by my father—he once mentioned that a sovereign had been found in my room, but it turned out to be from my brother's pocket—my father did not accuse me of stealing it—that is near six years ago—I will swear it was not within six months—I made no inquiry about it—I and my father and mother have not been on bad terms more than is usual in large families—the prisoner had interfered with us about a fortnight or three weeks before this charge—I was making away from my mother, and had hold of her hand—he interfered and separated us.
COURT. Q. Have the books been examined? A. Yes; they are here.
prisoner had been robbing him, and he thought it was necessary for him to he searched—the prisoner said he was willing to be searched, all the money he had was 2s., and he took it out and put it on the table—he said he asked Russell to lend him 1s. or 1s. 6d. to go into the country and see a dying sister, and Russell afterwards lent him 2s.—these are the shillings—(produced)—the marks are scratches across the head.
(The prisoner received a good character.)
NOT GUILTY .
BAPTISTE VANDERVORST . I am a tailor, at 53, New Bond-street. The prisoner was in my employ six months. On Wednesday, 24th July, I sent him with a coat to 51, New-street-square; he did not come back again—I did not see him till the following Saturday—at the station I asked him what he did with the coat—he said he pawned it for 24s.—this is it—(produced)—I have entrusted him with property before, and he was always honest.
Prisoner's Defence. I met a man and got half intoxicated; he asked me if I had got any money, I said "No," and he advised me to pawn the coat.
GUILTY . Aged 22.— Confined One Month.
JAMES GIBBON DAVY . I am a carpenter, and have a stable in Barnsburymews, where I keep tools. This plough plane(produced) was safe there on Wednesday, 24th July—I did not miss it till the policeman brought it me on the following Monday—when I am away I lock the door outside—I go away to dinner and leave it locked.
THOMAS GOODERHAM (policeman, N 433). On 25th July, I was on duty in Barnsbury-mews, and about half-past twelve o'clock saw the prisoners and two others go down the mews—they were there ten minutes, and then came back again—I followed them some distance, and lost sight of them—I did not see them again till they were in custody—I knew them before.
Bennett. Q. Did you not say to me, "I wish I had seen you, I would have followed you; I told you I would have you?"A. No.
EDWARD BARBER (policeman, N 9). On 25th July, about ten minutes to one o'clock, I was in Church-street, Islington, and saw the prisoners, and two others going towards the Lower-road, in a direction from Barnsbury-mews—Bennett had something under his arm, wrapped up in two old handerchiefs, and Lewis appeared to have something under his coat—I caught Bennett, and asked him what he had there, he said, "Nothing"—I took this plane from under his arm—I asked where he got it, he refused to give any answer—I knew him before—I took him to the station—the other three ran away—at the police-court he said he bought the plane of a man of the name of White, and gave 1s. 6d. for it.
GEORGE COLLINS (policeman, N 59). I took Lewis on 1st August, and told him he was charged with stealing in company with Bennett—he said he knew nothing about it—he afterwards said his father could prove he was at home—he afterwards said, "Why did you not take the others, they are all in it, they are now down in Ramley's estate."
Bennett's Defence. I bought it of a man for 1s. 6d. who said he was very hard-up.
THOMAS WITHERS (policeman, N 211). I produce a certificate of Bennett's former conviction—(read—William Bennett, convicted on his own confession, February, 1846—Confined one month)—I was present—Bennett is the person.
WILLIAM HARRIS (policeman, N 112). I produce a certificate of Lewis's former conviction—(read—Charles Wood, convicted June, 1849, having been before convicted—Confined one year)—Lewis is the person—I was present at both trials.
BENNETT— GUILTY.** Aged 17.
LEWIS— GUILTY . Aged 19.
Transported for Seven Years.
1452. HENRY JOHNSTON MANSBRIDGE , stealing 11 spoons, 10 forks, and 6 medals, value 22l.: also, 2 candlesticks, 1 pen rack, 2 pistols, and other articles, value 20l. 10s.; the goods of Sir Frederick Beilby Watson, his master, to both of which he pleaded GUILTY . Aged 33.— Confined Twelve Months.
OLD COURT.—Friday, Aug. 23rd, 1850.
PRESENT—Mr. Baron PLATT; Mr. Ald. COPELAND; Sir GEORGE CARROLL,
Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the First Jury.
1453. ALEXANDER HOWARD , breaking and entering the dwelling-house of Thomas Thompson, and stealing 3 blankets, 1 table-cover, 8 tumblers, and other articles, value 5l. 16s. 6d., his goods;—2nd COUNT, receiving the same; having been before convicted.
MR. PLATT conducted the Prosecution.
ANNA THOMPSON . I am the wife of Thomas Thompson, a bricklayer, of 17, Old-street-road—he was out of the way early in June, and I locked up the house and went away to my sister's, and was confined there—I went to the house and found it safe about a fortnight before this happened, and locked it up again—when I went again I found marks on the door; it had been broken open—the passage was full of things—I missed a bed, bolster, pillow-cases, and other things—these things(produced) are my husband's, and are worth more than 5l.—the catch of the door was broken, but the door was closed again.
THOMAS MAVEETY (policeman, N 211). On Monday, 8th July, about half-past eight o'clock in the evening, I saw the prisoner in the Kingsland-road with a bundle—I asked him what it contained—he said, "Some blankets, tumblers, and other things"—I asked where he got them—he said, "At a sale-shop at the back of Shoreditch church"—he afterwards said be bought them of a woman in a skittle-ground at the back of Shoreditch church—I took him, and found the things produced in the bundle, and in his pocket this cap and false hair, which he said he bought in Petticoat-lane—he said the tobacco-stopper was his own.
Prisoner's Defence. I purchased the articles.
office—(read—Alexander Howett, convicted August 1847, confined four months)—I was present—the prisoner is the person.
GUILTY** on 2nd Count. Aged 22.— Transported for Seven Years.
Before Mr. Baron Platt.
MR. CLARKSON conducted the Prosecution.
CATHERINE WALLIS . I live at the Grove, at Ealing. I am no relation of the deceased Elizabeth Wallis—she was a daughter of the prisoner by her first husband, and was about seventeen years old—they lived in Ealing-grove opposite to me—the prisoner had six children living by her second marriage—she is a laundress—the deceased died on Thursday night, 8th Aug.—I saw bruises on her—I saw her ill-treated by her mother about six months before her death, but not much since that—she was ill five weeks—she had been attended by the medical man of the parish—about six months before she died I saw the prisoner give her a blow at the top of the stairs, from the effect of which she fell down the whole flight, about ten steps—she followed her down, and beat her again with her hand for about a minute—she cried out—she was perfectly healthy then—I have not at other times seen her beat her more than is usual with mothers—about twelve months ago I saw her beaten with a rope across the shoulders, as if to correct her—she was not allowed to take her meals with the rest of the family when I have seen them—I have seen her have a piece of dry bread where they had meat—I have seen her mother throw her a piece of bread in another room where she was at work, when the others were eating their dinner, potatoes, or perhaps bread and meat—she did not complain to me till the day before her death—I was with her when she died—I tried to impress upon her mind that she was dying, and said I hoped she would pray to Almighty God for pardon, for I thought her time in this world would be very short, and if she had committed any faults she had better pray for pardon—she said she hoped she should be forgiven—I put several questions to her about trifling things which I was aware she had done, and asked her with regard to the truth of them, and she satisfied me so far that I told her if she made confession of it openly she would not have so much to answer for, and I hoped she would pray to Almighty God to pardon her—she repeated the Lord's Prayer, and some part of the Creed—I asked her if she realty felt she should die, and she said yes, she did think so—she then complained of being very hungry—I said, "Have you any meat?"—she said, "There is a mutton chop in that basket, but you had better not cook it, in case mother may not like it"—I said, "Never mind, the blame shall be laid to me"—I cooked half of it, which she ate, and some potatoes—I then said, "I do not think you will get the better of your illness"—she said she thought she was going—I said, "Going where?"—she said she did not know—I asked her if she thought that she should go to heaven if she died—she said she did not know—(Thc Court did not consider there was ground for thinking she knew she was dying, and therefore excluded her statement)—the Inquest was on Saturday, the 10th—the body was at the mother's house—I heard the prisoner say, in the tap-room of the King's Arms, that if she got her liberty she would go home and throw the b——r out of window,box and all—the coffin was there at that time—I had helped to put the corpse into it before that—I do not think she was called in at the Inquest, she was in the tap-room—in going to the station she told her husband he was not to follow the corpse to the grave; if he did, she would remember it when she came out; and if any one was suffered to go into the house, she would not live with him any more when she
came home again—she said, "Let her be buried like a dog"—the husband did follow the corpse.
Cross-examined by MR. PARRY. Q. What are you? A. My husband is a chimney-sweep, and I do needle-work, and let donkeys and saddle poneys for hire sometimes—I have six children living—I beat them sometimes with my hand, and also with a strap when they are disobedient—I may have given them a stripe with the stick I drive my donkeys with, but not to injure them, merely to correct them—my eldest is a son—I have three daughters—the prisoner was very much excited with drink on the morning of the inquest—it was ten or eleven o'clock in the morning—I think she was in custody then—her husband is a labouring man—she is a laundress, but has gone out to wash during the last four months—the deceased used to wash—I have not been very friendly with them; I have gone in when I have been sent for, and have gent my clothes there to be mangled occasionally—the prisoner has been in the habit of coming to my house, and the girl has come since her mother has given the work up—she has come latterly, since she has been ill—I cannot say whether they always had meat for dinner—I have never seen them have potatoes alone—I have seen deceased eat potatoes alone, and dry bread also—I do not know that I have seen her eat meat unless she has been ill—I have known them six years, and may have seen them at dinner ten times—I never saw the deceased sit down to dinner—I have no other feeling than a friendly one to the prisoner—I never quarrelled with her—I have had words with her respecting the girl—I heard from a neighbour that she said I had behaved improperly—I asked her whether she did say so, and she said she did not—I never quarrelled with her openly—I have cautioned her against beating the girl, and told her she would some day give her an unlucky blow which would cause her death.
COURT. Q. What are the ages of the other children? A. The eldest is thirteen or fourteen—the mother sat down with them to dinner, while the deceased had to go into the room where she was at work, and eat the bread which was given to her—I went to attend her at the mother's request, and voluntarily sat up with her on the night previous to her death, and the prisoner asked me to come on the Thursday evening, which I did.
MR. PARRY. Q. Did not her mother sit up with her the night before? A. Yes; I left ber at four o'clock—I do not know bow long she sat up after I left—I went again next morning, and she was having her breakfast down stairs—I have heard the girl has been in custody for thieving—the mother has complained to me about it—I know the girl has stolen, but her mother was not aware of what I was.
WILLIAM BROOKS . I am a hay-binder, of Ealing-grove. I knew the deceased—I have seen the prisoner ill-use her at various times—the earliest time was a month ago yesterday, when she entered the outer door, and struck her on the head with her fist as hard as she could strike, saying, "D—n your b—y eyes"—the girl was ill—she tumbled on the stairs by the blow—about April or May, I was planting potatoes in the next garden, and the girl was in their garden hanging out clothes—a prop was blown down by the wind, and the linen became dirty—the mother came out, took her by the hair, and beat her on the back for two or three minutes until she appeared unable to strike her any more, and swore very bitter oaths—I occasionally cut the hair of my neighbours—about twelve months ago I cut the deceased's hair, I found three wounds on the back of her head, and the left ear had been hurt in some way, and was all over blood and matter—I have heard the prisoner swear many times when beating her that she would be her b——y butcher, or murderer.
Cross-examined. Q. Have you had a quarrel with the prisoner? A. No;
my wife had about some trifling thing, I do not know what; they were both very bitter—I have not been into the house since I went to cut the girl's hair, but I have had no quarrel—I have not the least ill-will to her—their quarrel has not affected my mind at all.
MARY TURNER . I live in Ealing-grove, next door to the prisoner, and am a laundress—I have often seen her ill use the deceased—five or six weeks before she died, I saw the prisoner beat her violently with her clenched fists about the head, and any part of the body that came first—I have heard her beaten in the garden a great many times, and have heard her cry out—I ran to the hedge and saw her drag her into the mangling house, and heard her beaten there, and afterwards saw the girl come out—sometimes she was all over blood about the nose and mouth—that may be a month or three weeks before she died—I have seen that treatment every day while the mother was at home—1 have seen her beat her once or twice with a birch broom between the well and the mangling place, and from there to her door—sometimes I have run away, not liking to see it—she held the handle in her hand, there was a broom on it—she used to be beaten most on Fridays and Saturdays, as they were particularly busy on those days, and she was more irritated at that time—a week or ten days before she died, she was standing holding some wet linen while her mother hung it out, and was staggering under the weight of the linen, being ill—I think it was on Friday, and she died on the following Thursday—it was after the parish doctor had been to attend her.
Cross-examined. Q. Used the prisoner to be angry with other persons as well? A. I do not know—I used not to go into the house—she worked very hard apparently, while she was at work.
MARY MASSEY . I live opposite the prisoner, in Ealing-grove. On 24th July, I went to work at Mrs. Payne's, about three hundred yards from the prisoner's—I saw the deceased there sitting at breakfast—she appeared very ill indeed—she was not able to do her work—I bought her a piece of dry bread which she ate, and half a pint of beer, but she did not seem better after it—she appeared sinking quite fast—she tried to raise her hands again to the tub, but could not, and went into the water closet and sat there five or ten minutes.
Cross-examined. Q. Do you know of her being in the habit of thieving? A. No, she never stole anything from me—I have heard very bitter complaints about her—her mother has told me she has been in the station.
LOUISA CUTTING . I am the wife of George Cutting, of Ealing-grove, three doors from the prisoner. I have seen her beat the deceased—I do not think there was ten minutes in the day but what she was beating her—that has been going on ever since I have known her, four years—I saw her throw a flat iron at the girl's legs a twelvemonth ago—I cannot say whether it hit her—I have seen her strike her with a mangling rope on the back, over her clothes, very severely—she cried out, "Oh, mother, don't kill me"—I have seen her heat her across the head with the copper stick, which is a little thicker than a broom-handle, about the same time; she cried out at those times—the prisoner used language so gross that it would give me a tur n to hear it—the girl's hair was not very long, but it used to hang about her face a great deal—about a twelvemonth ago I saw her take hold of her by the hair, and punch her chest with her fist—I was in the habit of working for the prisoner at that time—five or six months ago I heard the girl cry out, "Mother, mother, don't kill me"—I knew her voice.
Cross-examined. Q. Do you know whether the girl was in the habit of thieving? A. No; I have heard so, and that she has been in the station—the prisoner complained that I stole some diaper of her; that is not true—
she is capable of saying anything; she will part man and wife if she can—she did not take me before a Magistrate about the diaper—I was working for her at the time—she did not point to my children, and say I had made it into pinafores or aprons, which were on them—it is a great deal more than twelve months ago—I have worked for her since.
WILLIAM HENRY TURNER . I am a victualler of Ealing-grove. I knew the prisoner and deceased—I have seen the prisoner beat the deceased with her fists about three months before she died—I have seen her beating her violently with her fists in the garden several times, using very bad language—this has been the case for seven or eight years, ever since they have lived there—as soon as she saw me, she pulled the girl in and shut the door, and I heard her cry out, "Oh, pray, mother;" the mother said, "B—t you, you b—ch, I will murder you."
WILLIAM JONES . I am one of the relieving officers of Brentford Union; Ealing is included in that union. On 11th July the deceased came to me and applied for an order for the district surgeon to attend her—she appeared ill, and I gave her an order for Mr. Goodchild—in consequence of information I felt it my duty to go to the house—I think it was on the Saturday before she died—she was in bed—from the state in which I found her I wished to send her to the workhouse, but she objected, and expressed a wish to go to the hospital—the prisoner told me she had got an order from the Vicar to provide a cart to take her there—I do not know whether she was taken on the Wednesday—the prisoner applied to the Board, in my presence, for her to be taken into the workhouse, and stated that she had taken her to the hospital, and they would not take her in—the Guardians made the order and gave it to me,—I went to the house, and when I saw her I thought she was not in a state to be removed—that was on Wednesday, between four and five—she was ordered to have meat twice and wine once.
Cross-examined. Q. Was that at the mother's request. A. I cannot say; the order came to me in writing—I think I gave it to the eldest daughter by the second marriage, but should not like to swear it—I have always refused orders to the family, but because the girl was above sixteen she would be entitled to be attended to—I always thought Mr. and Mrs. Rook hard-working industrious people—the mother has shown me wounds on her own legs—that might be from scrofula or boils—she may have applied for assistance half a dozen times in five years—I should say her husband could earn about twelve shillings in the winter months, and two more in the summer, per week—he is very much respected by his employers—I refused them relief, considering that, by his income and her laundry, they ought to live independent of the parish—the girl would not have objected to go into the workhouse, but she was afraid I should move her over to her own parish—I have known them about five years—I have often seen the prisoner at work—the family could not have been supported without her labour.
JOHN GOODCHILD . I am a surgeon of Ealing, and act for the parish. On 11th July, I received an order to attend the deceased, and found her suffering from cold and fever at her mother's—she was up, as far as I recollect—I gave her medicine, and attended her up to her death on the 8th Aug.—I was not present at the inquest—I was directed to make a post-mortem examination—I did so—the cause of death was inflammation of the air-tubes of the lungs—the other parts were healthy—she was suffering from inflammation of the chest during the whole time I attended her—that could not have existed more than five weeks—I found no bruises of any consequence; they were wearing off—they had been inflicted at least ten days or a fortnight; to the best of my judg-ment
they were inflicted after I saw her—there were three on the shin, one very slight one on the lower part of the thigh, and a slight puffiness on the scalp—I examined the ear by the Coroners' direction, and found a swelling—I could not determine whether it was a congenital effect, or caused by violence at some remote period—it might have been born with her—the treatment I have heard of might have brought the body into that state of debility which would render her more liable to any exciting cause; to the effect of cold; anything which would depress the constitutional energy, would render the patient more liable—ill-treatment would aggravate the inflammation—she was not in a state to be up—the whole time I attended her I directed her to keep in bed, but used to find her up.
Cross-examined by MR. PARRY. Q. You saw nothing on the external surface that would account for the inflammation. A. No; her calling would expose her to a great deal of damp—she did not express a wish to be up—I expostulated with her for being up—she never said she was obliged to be up.
COURT. Q. Might the bruises on the shins be occasioned by her getting out of bed and striking against a chair. A. Very likely; I think a latundress a most likely person to catch cold, by heating herself at the wash-tub and sitting down in a draught—that would be likely to produce what I found—I did not open the puffiness on the scalp, it might have been the commencement of an abscess, or it might have been from a blow—you would hardly find a swelling like that from cold or rheumatism—I was directed to open the skull and examine the brain, but I could not discover the exact seat of the puffiness—there was a formation of matter on the lungs, which it would take a week or ten days to produce—there were some boils, which I considered arose from constitutional debility—I noticed a nevis, which was twelve months old at the least, and might have been born with her—I consider the boils arose during the progress of the inflammation—insufficiency of food would account for them.
THOMAS TULL (police-sergeant.) I was at the Coroner's inquisition—the verdict was natural death—the Coroner directed me to apprehend the prisoner for these assaults—she was much the worse for liquor, and very violent.
Cross-examined. Q. Had you the girl once in your charge. A. She was brought once, three or four months ago, on a charge of stealing tarts from a shop window.
MR. PARRY called.
ANN AINSWORTH . I am married, and am the mother of fourteen children, ten are living—I have known the prisoner twenty-one years—I do not think a kinder mother could have been—she has been hot, and hasty as I have been myself, but I have been in the habit of going to the house, and never saw her ill-treat the girl—I always saw her very kind to her, and fill her belly the same as the other children—the girl sat down to the table the same us I did—I have heard her say, if she did not do a thing momently, she would be knocked down; and once when she was listening, the prisoner said, "If you don't go, I will knock you down," but I never saw her hit her.
SARAH OLIVER . I am married. I have known the prisoner twelve years —I have never seen her ill-use her children—I have seen her box their ears when they required it—I have seen her beat her other children.
Cross-examined. Q. Not with birch-brooms, or take hold of them by the hair. A. Never.
(Mr. Parry submitted that there was no case for the Jury, upon the charge of murder; and (the Court being of that opinion,) that under this indictment the Jury could not convict of an assault, unless that assault was the one included in the present charge; referring to the recent case of Reg. v. Bird, on the Westers
Circuit, and to decisions of MR. JUSTICE PATTESON and the LORD CHIEF BARON. MR. CLARKSON, in opening the case, had called the attention of the Court to the point. MR. BARON PLATT however expressed himself clearly of opinion, that in this case the assault was included in the charge.)
GUILTY of an Assault. Aged 39.— Confined Twelve Months .
MR. W.J. PAYNE conducted the Prosecution.
JULIA COLEMAN . I am the wife of William Coleman, and live at 13, Clark's-buildings, Westminster. The deceased, Elizabeth Coleman, was my step-daughter, and lived with me—she was thirteen years of age—her health had been perfectly good up to Saturday, 29th June—she never complained to me of her head, or her ear—she left home about half-past eight o'clock that evening—she was then in good health—I saw her again on 3rd July, at Mrs. Beckett's, 2, Hopkins-street, in bed—her eye was then black, and she had a swelling on the left side of her face—the surgeon came about a quarter of an hour after—I left shortly after—I attended her after that at the workhouse for three nights, and stopped up with her till she died—she died in the work-house.
Cross-examined by MR. O'BRIEN. Q. I believe the two prisoners are also your step-daughters. A. Yes; the deceased has several times left her home—she was rather giddy—I sent her out on an errand on the Saturday morning, and saw nothing of her till the Wednesday, when Mrs. Beckett came and told me something—I had not made inquiries about her—I lived at 11, Hopkins-street, at that time—the prisoners never came to my house—I am not aware that the deceased used to go to them—I know John Walter, he was examined at the inquest—he lived in the same house—I have never had occasion to chastise the deceased severely; never to hurt her, or cause her an illness—I never used a rolling-pin in chastising her—she was the only step-child living with me—I swear I never struck her with a rolling-pin, nor with a heavy strap—I never took such a thing up to her—I do not say but her father has chastised her, but never with any such thing—I never saw him dash her against the wall—he has beaten her, but never to hurt her, or cause her any illness—I have seen him strike her on the head with his open hand not with his fist—she never hallooed out, "Murder!" from her father or me beating her, only from our words—the police were never called in to the child from our beating her—I never saw a policeman come into my door, except to bring the child home—she was in the habit of going away—that was sometimes after she had been corrected, and sometimes before, if she was threatened; and sometimes she would go without any cause at all.
MR. W.J. PAYNE. Q. When her father struck her with his open hand, was that to correct her for something she had been guilty of. A. Yes; he used to chastise her for stopping away from us, and we could get no good out of her—when I could not find her myself, I used to tell the policeman on the beat, and they used to fetch her home—when she used to cry out "Murder!" it was not from any harm done to herself, but through me and my husband quarrelling.
COURT. Q. Are you and he in the habit of quarrelling. A. Sometimes; it was through the children—I could get no good out of the child—I tried all I could to do so, but I was out all day, selling fruit—I used not to beat her—I might give her a good scolding or a shove, but not to hurt her—I
was too good to her—I never struck her, my husband has, but never in the head—he might have given her a caning with a cane not so thick as my finger—he used to cane her in a proper manner, not to injure her—I never saw him throw her down, or throw her against the wall—the prisoners live in Green-court—they get their living by selling fruit and green stuff—they do not live together—the eldest is married—when the deceased went out, I sent her home with some mangling—she left that, and then went about the neighbourhood—when she has been away before, she has not gone to her sister's— I do not suppose they ever gave her a night's lodging or a crust of bread—I never knew her to complain of a pain of any kind before this.
ELLEN DOHERTY . I live at 2, Hopkins-street, Westminster. I knew the deceased—on Saturday, 29th June, between three and four o'clock in the afternoon, I was standing at my door, and saw a crowd—I went up, and saw the deceased and Margaret Robinson entangled with one another, and pulling one another's hair, fighting—I saw Robinson lay hold of her by the hair of her head, and knock her violently against the wall—the little thing then tried to bite her in the knee, and Robinson, to save herself from the bite, took hold of her, and knocked her down on the ground, and while she was on the ground kicked her over the left ear—she had a great thick boot on—I said to her, "What a shame to beat a poor little thing like that"—she made no reply, but laid hold of her by the hair, and dragged her along into the kennel—there was such a mob came round then, that she went away, and the deceased got away from the crowd, and went over to the step of Mr. Rice's door, crying bitterly—I did not see the other prisoner at that time—she came up between five and ten minutes afterwards, and asked the deceased would she give up the ticket of her sister's gown, and she would not beat her—the deceased stoutly denied having the ticket—Coleman then laid hold of her by the hair of her head, and punched her, with her clenched fist, in the eye, which swelled her eye very much indeed; and after that she struck her a violent blow in the nose, which bled—the deceased then came and sat on the step of my door—I gave her some bread and meat, but she would not eat it—she asked me to feel the side of her head, which I did, and felt a very great lump over her left ear—she stopped a good bit at my house—she complained of violent pain in her head, over her left ear—I believe she slept that night on my stairs—she told me so next morning—I gave her some tea and bread next morning, but she did not eat it—salve still complained—I saw her on the Monday, and she complained of violent pain in her head from the beating her sisters had given her—she was then sitting up in Mrs. Beckett's room—she came to my house about twelve, for a piece of flannel, which she put round her head by the side of her ear—she was still complaining of her head—she remained at Mrs. Beckett's some time, and on the Wednesday I helped to take her to the work-house—I cannot say whether the prisoners were sober, I believe they were.
Cross-examined. Q. Did you know the deceased before? A. Yes; she was no acquaintance—I knew her in the neighbourhood—her father lived about six doors from me—she was sleeping on my stairs up to twelve o'clock on the Saturday night—I do not know where she went to after that, but she told me she was on the stairs all night—Boyee, the policeman, whas present at the time Coleman struck her on the eye and nose—he saw it—she called her sister very bad names—I did not hear Johanna say to her, "You stole my sister's dress; tell me where the ticket is, and we will not touch you"—she said, "Give me the ticket of my sister's dress"—I am single—I have suffered the laws of my country; it was for felony—I was sent to an asylum for two years; it was twelve or thirteen years ago—I have been in trouble
since—the last time was about six months ago—I may have been three or four times in prison, not ten times—it may have been four or five times altogether—the longest time was for twelve months—I was never sentenced to be transported—there was a great crowd when the prisoners and the deceased were struggling together—I did not examine Robinson's boot, but I saw it was very thick as she walked away—I never had a quarrel with her—her husband is a foreman to the sweeps—I heard the deceased call her a sweep's—.
ANN MITCHELL . I am a servant, at 16, Hopkins-street—I knew the deceased—on 29th June I was looking out of window, and saw a mob of persons right opposite—I went up the court, and saw Robinson accusing the deceased of stealing her dress—she denied it and called her a very bad name—she was turning away from her, and a female standing by told her to turn back and give her a good beating, if she did not give her the ticket of her dress—I saw Robinson strike her, and she struck Robinson, and tried to bite her foot, and to prevent her foot from being bitten she struck her somewhere in the face, and she fell with her head against the wall—it did not seem a very violent blow—they struggled very much for about ten minutes in the passage—I have been examined before—I have always given the same account—I saw the other prisoner there about five or ten minutes afterwards—I saw her strike the deceased in the left eye, take her by the hair of the head and knock her against the wall—I saw both the prisoners kick the girl when she was down, not at the same time; they were not both there at the same time— Johanna was not there for ten minutes after Robinson—they appeared sober—after Johanna had struck her she sat on the step of a door—there was a very great crowd—her nose bled—I then left.
Cross-examined. Q. Did you know the girl before? A. Yes, I knew them all—I do not know what Johanna Said to her when she came up—I only saw what she did—she gave her a slap with her open hand at last, when the policeman came up—I heard the policeman examined at the inquest—the policeman ordered us all away—I am sure the younger prisoner kicked the deceased—I recollected that when I was examined before, and stated it—I stated that I thought the blow given by the younger sister would not do much injury, and I said I thought it was on the right side.
COURT. Q. Were you examined at the inquest? A. Yes; I made a mark to my deposition—it was read over to me, and it seemed correct—I mentioned about the younger prisoner's kicking—the kick that the elder one gave was a very violent one—I did not observe what shoes she had on—I did not state before the Coroner what sort of shoes she had on.
JOHN BOYCE (policeman, C 181). On Saturday, 20th June, from something I heard I went to Maidenhead-passage, and saw the deceased and Robinson—Robinson gave her a smack on the side of the head as she was standing in Mr. Rice's doorway—that was the first 1 saw of it—I asked Robinson if she would give the deceased in custody for stealing her gown—she said she would not—I said I could not have any disturbance there, and sent them away and went round my beat—the deceased made use of an offensive expression.
Cross-examined. Q. Did you see any black eye or bloody nose, or any marks of violence? A. No—I know the witness Doherty well—I saw her there sitting in a doorway, on the left-hand side of Hopkins-street.
COURT. Q. How was the hair of the deceased at that time? A. All over her face—she was a very ragged-headed girl, she always wore her hair so—I have known her for several years—Robinson's hair was also rough and dis-
ordered—it appeared to have been clawed about—I saw the deceased about an hour after—I saw no marks of violence on her then, and she made no complaint—there was no blood about her, or I should have seen it, or any marks of a black eye—there are continual brawls in that neighbourhood.
JOHN GEORGE FRENCH . I am a surgeon in Marlborough-street, West-minster. On 4th July I was called to see the deceased, at 2, Hopkins-street—she was lying on a bed in the parlour—she complained of severe headache, more particularly of the left side—I had her removed to the infirmary at the workhouse, and attended her there until the 21st, when she died—I first of all found a discharge from the ear, subsequently an abscess under the temporal muscle, on the left side of the head, and finally she died in a state of coma—I could not positively say how long previous the injury causing the swelling had been inflicted; it might probably have arisen from violence sustained a few days previously, but it was not necessarily the result of violence at all, from anything that appeared—I mean a person may have an abscess under the temporal muscle arising from other causes than violence, from internal causes possibly—it might possibly arise from constitutional causes, but it is not very probable—the pain never left the side of the head and ear until she became insensible—I made a post-mortem examination on the 22nd—I first examined the abscess under the temporal muscle—that had been emptied; I had cut it before she died, but there was a considerable sac, which had held a large quantity of pus—I also found an abscess in the middle of the brain, which contained about four ounces of pus—that was close to the abscess under the temporal muscle—the abscess on the brain was clearly the cause of death—that might have been caused by external violence—it need not necessarily have been of recent date; but the only opinion I formed of that circumstance was from the account that was given at the inquest—if she had had disease of the ear for two or three years I should have formed a different opinion—it is quite possible that a kick or a blow given three or four days before I first saw her might have caused the abscess—the other organs of the body were all perfectly healthy—there was nothing to account for death but the abscess on the brain.
Cross-examined. Q. Viewing her as you first saw her, there was nothing to indicate that the abscess was the result of violence more than of constitutional or other causes? A. There was not—there was no ecchymosis, nor any abrasions of the skin—an ill-cared-for girl, living on bad food, and sleeping out at night, would be liable to disease of the ear, or anything of that kind.
COURT. Q. How far was the abscess under the temporal muscle from that on the brain? A. The bone only intervened, the periosteum was denuded on both sides, destroyed by disease—my impression was that the two abscesses were connected, that the one depended on the other—I think it quite possible that a degree of violence might have been inflicted on the brain itself, so as to destroy some portion of the bone, and then the part so destroyed might have become the nucleus of an abscess; and in that case, the part exterior to the bone might also become the seat of an abscess—this is mere matter of opinion—on the other hand, it is quite possible that it might be produced by a long-standing disease of the ear—assuming that the girl was well on the morning of the day she received the blows, then I can form no other opinion than that all this mischief depended on the same cause, namely the violence then inflicted—blows of considerable violence do sometimes produce the evils which in this case arose—they commonly leave some external mark to show where they have been inflicted, but not always—some of the most severe
contusions are not attended with exterior marks—I never knew, in my own experience, of a kick being given without leaving marks, but I know it as a matter of medical history—if the head was knocked against a wall, I should expect that abrasion would be produced, but I know that sometimes bones are broken without the skin being either abrased or ecchymosed—if the girl had received a kick in the head a few days before I saw her, it is quite possible that that might account for the mischief I saw.
JOHN WALTER examined by MR. O'BRIEN. I live at 11, Hopkins-sheet, Broad-street, Golden-square. The deceased's father and mother lived on the same floor—they left about a month or two ago—some time before they left, I saw both the father and mother beat the deceased most unmercifully with a rolling-pin about the body and shoulders—I have seen them on other occasions beat her with a very heavy strap, like the shoemakers use, about the head—I have seen the father dash her severely and unmercifully against the wall—I have heard her cry out "Murder!"—I had to call ia the police twice.
NOT GUILTY .
MR. EWART conducted the Prosecution.
JOHN BARFOOT . I am ostler, in the employ of Thomas Shirley, a liverystable keeper, in Whitechapel-road. On 8th July, in the middle of the day, the prisoner Knight came to the yard with, this order—(read—"July 8th, 1850. Mr. Croft,—Sir,—Please send by bearer a horse for a chaise for C. Ruck and Son. W. Lucking")—Mr. Lucking is a customer, and is in the habit of having horses on hire—I gave the order to the foreman, and he gave it to the hackerman, and told him to let him have a horse—a halter and collar was to be given with it—I next saw the horse on the Thursday following, in the possession of Knock the officer—it was worth 20l.
RICHARD PLEDGER . I live with my father, a farmer, at Maiden. On 9th July, I saw the prisoners there—they offered a horse for sale—Splevin ran it to show its paces—they asked 10l. for it—my father said he would give them 5l.—they said that was too little—afterwards Splevin said he would take 8l., then he came to 7l., and at last he said he would take 5l.—we thought all was not right, so we sent them on about a mile and a half further, and said we would meet them there with the 5l. if it was all right—we gave information to the police, and gave the horse to him—there was a collar with it.
FRANCIS KNOCK . I am superintendent of the Essex constabulary. In consequence of information from Mr. Pledger, I apprehended the prisoners at Blatchenden, about four miles from Maiden, and charged them with stealing a horse—Knight gave his name as James Phillips, and said he had the horse to sell for a person of the name of Booker, a grocer, of Elizabeth-terrace, Tooting, Surrey—they both said so—I said I should go to London that night, or next morning, and ascertain whether that was true—about half an hour afterwards, they sent for me, and Knight said, "It is no use; it will only aggravate the case by telling this falsehood; we did not get the horse of Mr. Booker; we got it of Mr. Croft, of Whitechapel"—that Splevin wrote the order for it in the name of Ruck, signed, "Lucking"—Splevin was present when he said that—Mr. Pledger handed me over the horse, which I gave to Mr. Shirley—on searching the prisoners, I took a bottle from Knight, which contained morphia, and from Splevin I took a quantity of skeleton keys—when I took the morphia from Knight, he said, "I had this from Splevin; he
took it out of his pocket while riding the horse, because it hurt him"—I asked Splevin where he got it—he said he found it—he also said he found the keys which I took from him.
Splevin. I was not present when Knight made the statement; we were taken separately into a private room. Witness. They were both present, and quarrelled about it—Splevin denied what Knight asserted—they made the same statement on several other occasions.
WILLIAM LUCKING . I am a commercial traveller, in the employ of Ruck and Son, provision agents. I have been occasionally in the habit of bring horses at Croft's livery-stables—Knight was formerly in our employ as porter, and was discharged—this paper is not my writing—I did not authorise Knight to take that to Croft's to get a horse for me on 8th July—he had no authority to get a horse for me that day.
Knight. I had notice to leave, but had not left; I should have been at work that week. Witness. He did not come near the place to work as be ought to have done—I was on a journey at the time—he has been five or six months in the employ—I should think he would not have been taken without a character—I think he had previously been for a few months with a brother of Mr. Ruck—I never heard anything against him.
Knight's Defence. I had unfortunately been out with my fellow-prisoner on the Sunday evening, and we stayed out all night drinking; I ought to have been in business at eight o'clock in the morning, and it was past sine when I found myself asleep in the public-house; I was ashamed to go then, indeed I was not in a condition to go; I was going home, when I was told to stop, and take more drink, which I did: soon after, it was proposed that we should spend the day by taking a drive; and Splevin said if I knew where to get a horse, he knew where there was a nice cart and harness; I said I did not; he said, Did not my governors ever have a horse; I said yes, and told him where from; he wrote the order, and I went with it; he stood outside while I went in and got the horse, and we went away together; we could nut get the cart, and I wanted to take the horse back; Splevin said he would go on and sell the horse; he wanted to get away, and wanted a few pounds; I did not know what to do then, I was very anxious to take it back; he said he knew a party lower down who might lend us a cart, and when we got there he said it was no use going any further; we did not seem likely to get a cart; I was very much intoxicated; it was proposed to put the horse up for the night; after I went up to my bedroom, I found all my money gone from my pocket, about 7s.:1 asked Splevin about it, and he said he had taken it on purpose to keep me from going back; I told him I should go back, and, if possible, take the horse with me, for I was very much afraid we should be found out; I had no idea of committing anything wrong, or of, selling the horse; my idea was, if I used the order that I should not have to put down any deposit; I had only a few shillings in my pocket, and Splevin said I might go afterwards and pay for the horse as if I had come from my master; I am very sorry that through drink and persuasion I have committed myself as, I have done.
Splevin's Defence. I was given to understand that the horse was the property of a bankrupt residing at Tooting; I met Knight promiscuously, about four days before the transaction, and he represented to me that he had to sell it; we were together all Sunday night, and on the Monday morning he left me near Spitalfields Church, and went away, not telling me where he was going; he fetched the horse, and we went to Romford, but there being no fair there, I took him down to some friends in the country; he had but half-
a-crown in his pocket, and I had 6d. when I was searched; we did not sleep in a bed, we slept in the stable; the keys found on me were common keys, the others were not found in my possession.
RICHARD PLEDGER re-examined. Knight came to me first with the horse—it was Splevin that asked 10l. for it—he led the horse—Knight said, "The other young man has got a horse to sell," and that they were recommended by their cousin, whose name was Birchell.
Splevin. That is a cousin of mine residing there; I took it to him, as I was authorised to sell it by Knight, and he was to pay the expenses, and he referred me to this person.
Knight. That is a great falsehood.
KNIGHT— GUILTY . Aged 23.
SPLEVIN— GUILTY of receiving. Aged 23.
Transported for Ten Years.
MR. PARNELL conducted the Prosecution.
JOHN JACKSON . I am a sergeant of the H division of police. On 25th June the prisoner was a constable in that division—I saw him on duty between two and three o'clock that morning, in Plummer's-row, Mile-end New-town—he appeared to me the worse for drink—I told him he was the worse for drink, and he must go to the station with me, that he was not fit to be on duty in the street—he immediately took his staff out, and said, "You b—b—, if you lay your hand upon me I will knock your b—head off"—at the same time he had his staff over his head—I advised him to put his staff in his pocket—after some time he did so, at the same time he said, "I have a knife in my pocket, if the staff will not do, I will use that"—I got Kelly, another constable, and he and I took the prisoner to the station, and put him in the charge-room, adjoining the inspector's room—I went to Mr. Forbes, the inspector, and while there I heard an altercation in the charge-room—I went in and found the prisoner there, and the constable Moseley—I think no one else was there at that time—the prisoner had this knife(produced.)open in his hand—Mr. Forbes came in, and Moseley told him that the prisoner had a knife in his hand—Mr. Forbes told him to give it up—I believe at that time Jarrett, another constable, came in—the prisoner was standing in the middle of the room with his back against the window—they tried to persuade him to give the knife up—he said, "No," he should not, and if either one offered to touch him, or any b—Englishman, he would rip their b—guts up— White, another constable, came in, and just as he entered the door, the prisoner said to him, "White, you are a b—rogue"—White had not spoken to him—they closed round him by degrees, White, Moseley, and Jarrett, and Mr. Forbes was standing close by—the prisoner said, "Stand off; the first b—Englishman that touches me, I will rip their b—guts out"—at the same time Moseley was going to lay hold of his right arm, and he made a thrust at him, and caught him in the left thigh, he struck right and left at any that came near; but we got him down, and after a great deal of trouble I got the knife out of his hand—I got the flap of my coat cut by it in the struggle—I saw that Moseley was wounded, he laid down, and we undressed him, and I saw blood flowing from Mr. Forbes's wrist.
Cross-examined by MR. ROBINSON. Q. I believe be was very drunk, was he not? A. He appeared to be very drunk after he was got outside the
station, but he walked out very well—I always heard a very good character of him—he has been in the force between ten and eleven years—I had only known him a fortnight previously—when I met him, and told him he had been drinking, he did not tell me that somebody had given him something to drink from a bottle, and that it must have been drugged—at the last examination before the Magistrate he said so.
GIDEON JARRETT (policeman, H 213). I was at the station on the night of 25th June—there was a few words between the prisoner and sergeant Jackson as to whether he was drunk or not—the sergeant went into the inspector's room, leaving me with the prisoner—after he was gone the prisoner pulled the knife from his pocket—I saw Moseley come in, and afterwards White and Mr. Forbes—we were some minutes trying to persuade the prisoner to put the knife away—he was drunk—he could distinguish one from another; he called us by our names—he said to Mr. Forbes, "Mr. Forbes, I respect you as a gentleman; I would not injure a hair of your head"—Moseley and I then closed in on him, to endeavour to take the knife from him—Moseley had his truncheon in his hand, saying at the time, "If he does stab at me, I may ward off the blow with this"—he did not use the truncheon to him at all—the prisoner said he would have his b—y guts, or any other b—y Englishman's that dared to lay a hand upon him, and when he aimed the blow he said, "Stand off, Moseley, or I will have your b—y guts"—Moseley and I then closed on him—he said that as he was making the blow at Moseley—the blow lighted on his thigh—he said to me, "Jarrett, I am stabbed"—we then got the prisoner down, and Moseley was endeavouring to get the knife away, but before he could fix his arm down he still kept jobbing the knife up at any of us indiscriminately—I did not get wounded at all.
Cross-examined. Q. Had you any truncheon? A. No; Moseley was advancing to him with his truncheon when he said this—I have known the prisoner four years—he was a very quiet man, for all I have known of him—I have not exchanged many words with him, though we were in the same division—we were not on adjoining beats—he bears a good character.
MR. PARNELL. Q. Moseley is not here, I believe? A. No, he has not been on duty since.
DANIEL FORBES . (police-inspector, H.) Moseley's Christian name is James—I was at the Leman-street station when the prisoner was brought in—I was in the inspector's room—the prisoner was in the charge-room—he knocked at the window between the two rooms—I opened it, and he said, "Mr. Forbes, am I drunk?" repeatedly—he appeared excited—I said, "Certainly you have been drinking, and I am sorry for it"—he was then reported to me by sergeant Jackson—I called Jackson into the inspector's room, and I heard a scuffle in the charge-room—I went in, and found the prisoner with a knife out, and using very violent language—I closed with the others, and attempted to take the knife from him—he said to me, "You are the only man I respect in the division, and I will do anything for you"—I tried to persuade him to put the knife away—I put some faith in that profession, and was in hopes my presence might influence him—it turned out that I was too sanguine—I got wounded in the struggle in the left fore-arm, about three inches from the wrist—I heard Moseley say, "I am stabbed"—the prisoner must have heard that—I did not see him stab him, neither did I see him stab myself, but I found the blood trickling down—I cannot say in what state of health Moseley had been before this; he looks a delicate young man.
Cross-examined. Q. He is consumptive, is he not? A. I cannot say—
the prisoner appeared drunk, and very excited—I have known him three years and a quarter since he has done duty under me—I have generally found him very mild, very civil, and attentive to his duty—the cut I got was about two minutes after Moseley was stabbed—it was not done when he was on the ground—he was standing up—it was in the general scuffle—I had a cut in the trowsers when he was down—I have frequently seen Moseley sign his name "James Moseley, 117 H.
MR. PARNELL. Q. Was the prisoner a sober man? A. He has been reported for being drunk.
COURT. Q. From what you saw of the transaction, was it necessary to deprive the prisoner of the knife? A. Undoubtedly, for the safety of others.
THOMAS MEARS . I am the divisional surgeon. I was called to the Leman-street station, about three o'clock in the morning of 25th June—I found Moseley lying on his back with a deep wound on the outer and forepart of the left thigh—it was about three inches in length, and I should think about an inch and a half in depth at the centre of the wound—it was an oblique wound—I did not ascertain that there was any other wound at that time, but when he was undressed at home I found a small very unimportant wound in the arm-pit—the serious wound was that in the thigh—it was a clean incised wound—it was not free from danger, though there was no large artery implicated—it was not in a dangerous part—had it been the ianer part of the thigh, instead of the outer, it might have reached the femoral artery—it was about a fortnight before it healed—I have attended him ever since—he is now too ill to be examined—I cannot refer his present illness to the wound simply—on the third day after this outrage he had an attack of inflammation of the lungs, and that has been of a very serious character—he has been delirious for some time—that would not result from the incised wound, decidedly—it might be caused partly by the outrage, and I rather think he was exposed to a draught of cold air afterwards.
Cross-examined. Q. But he had had some disease of the lungs of old standing? A. I am not aware of that.
COURT. Q. Exposure to cold might have produced the result in the lungs? A. It might; it was very hot weather, and his bed lay next a window, and I rather believe it was kept open constantly, and his being obliged to keep quite still, from the wound, I think might account for it—the nature of the wound rendered it necessary for him to keep quite still—it was not necessary to sew it up from its situation; it would adhere without sutures.
The prisoner's statement before the Magistrate was read, as follows:—I believe this to be a plot laid for me altogether to get me into trouble; on that morning I met a young man in Plummer's-row, and he asked, me if I would call him; he went some distance with me, as if to show me where to call him, and he took a bottle from his pocket and said he had been enjoying himself with his friends, and had a drop of gin left; he pressed me to take part of it, and after he asked me two or three times I did take some of it; after he went as far as Lyon's Foundry, he said, "Are you an Irishman?" I said, "Yes;" he said, "I wish I had the hanging of every b—y Irishman in London," at the same time he threw the bottle away, and turned down Charles-street into Greenwood-street; I lost my senses directly afterwards; I have a slight recollection of the sergeant coming up, but I have no recollection of what happened afterwards, till I found myself handcuffed at the station next day; I then did not know where I was till I called to the
reserve-man, and he told me I had stabbed Moseley and Mr. Forbes; if I had been in my proper senses I should not have done any such thing; about a week or a fortnight before this, a letter was sent in to the Commissioners, complaining of me, without any name, and I think that must come from the same party; I hope the letter will be brought forward.
(The prisoner received a good character). GUILTY of an Assault. Aged 34.— Confined Three Months, without hard labour.
NEW COURT.—Friday, August 23rd, 1850.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 54.— Confined Twelve Months.
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY . Aged 35.— Confined Twelve Months.
MARY CHITTY . I am servant to Mr. Sutton, of Hamilton-terrace, St. John's-wood. The prisoner lived in the house as footman—he left between twelve and one o'clock at night, on Saturday, 3rd Aug.—on the night of 2nd Aug. I had a ring belonging to Mrs. Sutton—I laid it in the drawing-room table-drawer, between twelve and one at night, with another ring, and some bracelets, ribbon, and lace—I missed the ring, next morning, about eight—this is it—I believe these handkerchiefs are Mr. Sutton's—I do not know where they were left.
Cross-examined by MR. BALLANTINE. Q. You do not speak with certainty to these? A. No; there is no mark on them—my mistress is not in town.
JOHN GLENN (policeman, S 329). I took the prisoner on Saturday evening, 10th Aug.—I found this duplicate of the ring, and three other duplicates, inside the lining of his hat, these handkerchiefs in his pocket, and a pair of gloves, a watch-key, and a box-key.
WILLIAM CHAMBERS (police-inspector). I took the prisoner on 12th Aug.—I found on him this wrapper, these handkerchiefs, and up the chimney of his pantry, at Mr. Sutton's house, I found twenty-five cigars—Mrs. Sutton gave me seventeen duplicates.
ROBERT SUTTON . I live at 79, Hamilton-terrace, St. John's-wood; I am master of the house; it is in the parish of St. Marylebone. I will not swear to these things; I have a general idea that they are mine—the ring I distinctly swear to as mine, I think it cost eight guineas.
GUILTY . Aged 27.— Confined Twelve Months.
1464. THOMAS HILLIER, JAMES BURKE, WILLIAM ANDERSON , and WILLIAM WELCH , stealing 630lbs. weight of metal pipe, value 18l.; the goods of Joseph Somes and another.—2nd COUNT, stealing 1 pump, 18l.; the goods of Joseph Somes and another: Burke (having been before convicted.
MR. ROBINSON conducted the Prosecution.
THOMAS SLATER . I am gate-keeper at Messrs. Joseph Somes and Frederick Somes's dock, at Poplar. On 2nd Aug. I went with another man to seek for a pump—I came to a ditch, 300 or 400 yards from Messrs. Somes's—when we got near it we heard a knocking, and when we got a little further on, the four prisoners, who were in the ditch, rose up, and walked away—they saw us—we walked after them, and then they all ran as fast as they could—we followed them, got help, and gave them into custody—we went back to the ditch, and found these two pieces of the pump there—I know it, and have no doubt of its being the prosecutors'—I found these chisels, a hammer, and another piece of the pump, in another ditch, a little distance off—I know all the prisoners by sight—Hillier has worked on the prosecutors' premises.
JOSEPH MARSHALL . I had charge of the stores in Messrs Somes's dock-yard. I missed a pump on 2nd Aug.—it was safe on Wednesday, 31st July, in the morning—there was some spun yarn about it—it was taken away either on Thursday night or Friday morning, and on Friday it was found in the ditch—this is it—it is worth 18l. or 20l.
ROBERT HEWLETT . I am in the service of Messrs. Somes. I went with Thomas Slater in search of the pump—when we came near the ditch the four prisoners rose up; they walked a short distance, and then ran—I had heard a noise of a hammer and chisel, which appeared to come from the ditch, close by the pump—I pursued them—they ran very nearly across the second field—they crossed a ditch—I came up to them—I passed between Burke and Welch—I then passed Hillier—he said, "What the h—are you running after us for?"—I said, could not I run in the marsh as well as he?—he said he thought we were running after him—they stood a while, and looked about, and then came together again—one of them threw himself on the ground, and said if I wanted him I might carry him—we got assistance, and took the prisoners—I went back, and found the pump, these hammers, and a chisel—Welch said he should get into trouble for having a drink of beer with them.
JOSHUA JUDGE (Thames police-inspector). I received charge of the prisoners, and produce the pump—I went to the ditch to get it—I asked the prisoners about it—Welch said, "I only had a drink of beer"—two of the prisoner's' shoes were muddy with the same mud as that in the ditch—Burke and Welch are brothers.
RICHARD WHITE (Thames police-inspector). On 2nd Aug., I was left in charge of the prisoners at the station—I was in the same room, and heard them talk—Burke said to Welch, "I suppose this time I shall go to Sydney"—Welch said, "If you like you can be clear," or "clear me"—Burke said, "I would not care a d—n, if it was not for bringing you into trouble; if f get clear this time I will take a long journey for it"—Hillier said, "You d—d fools, hold your tongues, everybody must do the best they can for themselves; don't let every body know too much of your mind"—it was not said very loud—they were talking to themselves.
Hillier's Defence. I knew nothing of the pump being there; there was nearly five feet of water in the ditch; a great many of Mr. Somes' men cross that field; when I got up I walked away, and they were running after us with sticks; the men came up and asked me to go back with them, which I did.
Andersons Defence. I never saw the pump till it was brought before the Magistrate.
JAMES HAINES (police-sergeant, K 21). I produce a certificate of Burke's conviction at Clerkenwell, by the name of Thomas Welch—(read—Convicted Dec, 1846, and confined six months)—I was present—he is the person.
HILLIER— GUILTY . Aged 20.— Confined Twelve Months. —BURKE— GUILTY . Aged 20.— Transported for Seven Years —ANDERSON— GUILTY . Aged 19.— Confined Twelve Months. —WELCH— GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 68.— Confined One Month.
HENRY CHAPMAN . I am a licensed victualler, of the Fulham-road. The prisoner was my potman—he came in April, and left me on 18th May—it was his duty to take out beer to my customers, and to receive money on my behalf—he was to pay it to me, not particularly on the same day, but at the end of three or four days.
Cross-examined by MR. BALLANTINE. Q. What were his wages? A. Five shillings a week, his board and lodging, and a halfpenny a pot on the beer he sold—he had a book, and I have a journal in which I kept an account of everything that went out; it is not here—he was in my service about six weeks—I paid him all his salary, except on the Saturday on which he absconded with the whole of the money.
GEORGE WOOD . I live at Parson's-green. I have my beer of Mr. Chapman—I pay once a week—I know the prisoner—the last time I paid him I gave him a half-crown—it was the latter end of May—I cannot say how many pots I paid for.
MR. CHAPMAN re-examined. The prisoner did not pay me the half-crown or half-sovereign, or give me an account of it.
TIMOTHY WELLS (policeman, V 83). I took the prisoner on 18th July—I told him it was for absconding from Mr. Chapman, and stealing 4l.—he said he thought that was all over, and he was very willing to go back and work it out by paying 4s. a week.
NOT GUILTY .
1467. JAMES TURNER , stealing 1 purse, value 1s. 6d.; 1 sovereign, I half-crown, 4 shillings, 9 sixpences, and 2 groats; the property of Charles Mann, from the person of Catharine Maria Mann: having been before convicted.
CATHARINE MARIA MANN . I am the wife of Charles Mann. On 2nd Aug., at half-past twelve o'clock, I got into an omnibus—I rode from Claremoot-square to the Quadrant—I saw the prisoner in the omnibus—I am not quite certain where he got in—he sat nearly facing me, and he removed from that seat, and sat next to me on my right—he got out at the Quadrant in Regent-street before me—I got out immediately after, at the same stopping of the omnibus—the conductor spoke to me, and I missed my purse—I had had it a few minutes before—I know there was a sovereign in it, and two 4d. -pieces—what the rest of the silver was I cannot say—my pocket was on the right side of my dress—this is my purse (produced).
Cross-examined by MR. PAYNE. Q. On which side of the omnibus did you sit? A. On the left side—I sat in the same place all the while—I was the third from the door—the prisoner sat nearly opposite to me at first; he then came to my side—different persons near the door got out—I have known that when persons get out others get nearer the door—I put my handkerchief in the same pocket—the pocket is very long—it is possible that I might have taken my purse out with my handkerchief and dropped it—I am sure this is my purse, I know, it by its having no tassels for one thing—it is so long ago since I had it that I really forget whether I bought it
JOHN SETH ALLEN (police-sergeant, B 3). I was No. 350 A. On the morning of 1st Aug., I saw the prisoner get into an omnibus at Regent-circus—I knew him, and went outside of it—I then saw him get into another omnibus and ride back—he then got into two or three other omnibuses, and I got outside them—I then saw him get out in the Regent Quadrant, and I saw Mrs. Mann get out—in consequence of what was said, I went after the prisoner—I saw him put his hand over the side of a cart—I was then about twenty yards from him—I took him, went back to the cart, and found this purse and the money in it—the prisoner said, "You are not going to take me, are you?"—I took him, and found a remarkably sharp penknife in his pocket, and this black bag which he used to cover his hand with, and 8s. 6d.
Cross-examined. Q. Did you say anything about the black bag at the office? A. I believe I did, but it appears it was not taken down—I donnot know that I have drank in public-houses with the prisoner—I may have drank in the same public-house, but certainly not side by side together—he has not treated me to cigars and brandy, and sherry to my knowledge—I never had them at his expense—I dare say I have drank in the same room with him—I never induced him to make me a present of a mourning ring—it is not now in pawn—on my oath I have not worn it—I think I have worn a mourning ring, perhaps, within the last month—I dare say I have worn a ring, but I cannot say whether it was a mourning ring or not—I have been in the London police about five years—I was before that in the constabulary—I did not tell the prisoner I was going to Scotland—I never had any conversation with him about Scotland—I did not ask him to provide me with a gold watch; nothing of the kind occurred—I do not know that I have a ring at present—I said 1 had worn one—I have not one of my own—it was lent to me, probably—I am not in the habit of wearing one—my address is known at Westminster—it was at Mr. Denning's, 56, Marylebone-lane, near Oxford-street —that address was not sent by me that I might get the ring.
Q. Look at this paper; is it not your writing? "Allen, at Mr. Denning's,
56, Marylebone-lane, near Oxford-street." A. I cannot swear that it is not my writing, but I can swear that I never gave it to the prisoner—that was not the address that I gave in order that I might get the mourning ring—I write my address many times—I will swear that 1 did not get the duplicate of a ring from the prisoner in consequence of that address—it was not a mourning ring, pawned for 18s., and I did not take it out and receive it—I never had any communication with the prisoner—I do not know whether it was pawned in Oakley-street—I have not worn a ring lately that I know of—I do not know when I did; I do not keep a diary—on my solemn oath, I did not tell the prisoner I was going to Scotland, and ask him to provide me a watch, and say I should like a gold one best—I have not had any conversation with him but once or twice—what I said was that I had never had any conversation with him respecting a watch.
COURT. Q. Did you ever speak to the prisoner about any ring or any watch? A. No, certainly not—I saw him come out of an omnibus in Waterloo-place, three months back; I took him into a back street, and searched him—I had a little conversation with him—I had no conversation with him except in my business as a policeman—I never had any ring from him, or anything, to provide a watch—I may have drunk in the same room with him, but not as an acquaintance—I have not drunk out of the same pot with him, handing it from one to another as friends.
JONATHAN LAWRENCE . I produce a certificate of the prisoner's conviction, at Clerkenwell—(read—James Evans convicted, Oct., 1846, of stealing a purse from the person, and confined six months)—I was present—he is the person.
Cross-examined. Q. When was it? A. Four years ago—I am a valet— I was sitting at the palace window, and saw it—I apprehended him myself.
GUILTY . Aged 30.— Confined Twelve Months.
MARY ANN KAY . I am the wife of Henry Kay, of Kensington. The prisoner was his pot-man up to 15th Aug.—I had missed a key of the till about a month ago, while he was in our service, and I had got another key—I did not have the lock altered—I missed money from the till, and charged the prisoner with robbing it—he denied it—on the Saturday night before I went before the Magistrate, I put a sovereign and a half into a canvas bag, which I put into the far end of the till, and locked it with the key that I still kept—on the Tuesday or Wednesday I missed it—I had kept the key myself—after that I discharged the prisoner—on 17th Aug., the morning I went before the Magistrate, I spoke to a constable, and while I was speaking the prisoner came up—I asked him if he would give up that key that he had access to my till with—he said he had not got any key—the policeman asked him to show what he had got in his pockets, and he pulled out some tickets belonging to me, copper tickets which my husband gives to workmen—I knew them—the prisoner said that Kelly and two other men had each given him one—he had six, and he accounted only for three—he used to receive the tickets from the men for beer—when they were brought to me I used to keep them in the same till from which I lost the bag—I saw the bag at the station—this is it.
Cross-examined by MR. COBBETT. Q. The tickets he was in the habit of receiving from customers? A. Yes, and he handed them over to me the same day, or the following morning, never later—this is a common canvas bag, but it has on it "London Joint-Stock Bank:" I got it from there—it was placed in the till on 3rd Aug.—I did not search for it till I wanted it,
which I think was on 7th Aug.—I discharged the prisoner on 15th Aug.—I did not give him into custody till the 17th—I have not found the key—I had not marked that money.
ROBERT DUNNETT (policeman, T 198). I was called by Mrs. Kay on the morning of 17th Aug.—while I was speaking to her the prisoner came up—she said, "I have missed a key; I should like to have my pot-man searched"—she said to him, "Unless you give me that key, I will gire you into custody"—he said, "I have none"—I said, "Well, turn out your pockets," and he pulled out these tickets—I found on him this canvas bag, and a sovereign and a half in it, a shilling, a sixpence, and a fourpenny-piece—when the bag was found, he said to Mrs. Kay, "I suppose you will say that is yours too."
Cross-examined. Q. He told the sergeant how much was in the bug? A. Yes, within about a sixpence—he had three shillings in other money about him.
(The prisoner received a good character.)
NOT GUILTY .
EDWARD JAMES COTSFORD . I live in Denmark-terrace, Islington, and am an auctioneer and broker—I employed the prisoner on many occasions. On 6th July he called to know if I had any business for him—I requested him to take 2l. 12s. 4d., with the collecting receipt-book, to Mr. Western—he was to bring back the book at his convenience—he left me about half-past nine o'clock—I did not see him again till he was in custody, about ten days afterwards.
HENRY TYLER (policeman, A 412). I took the prisoner—I told him he was charged with stealing 2l. 12s. 4d., the property of Mr. Cotsford—he said he knew nothing about it—on the road to the station he said he met a man in Exmouth-street, and went to the Welsh Harp in Aylesbury-street, and lost the money and book.
Prisoner. Q. How many times have I brought you money from Mr. Cotsford? A. I think two or three times.
Prisoner's Defence. When I was before the Magistrate he considered it a debt; I am innocent of stealing it.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
CHARLES MADDOCK . I am a member of the University of Cambridge, and a solicitor—I live at 24, Essex-street—the prisoner is the daughter of the laundress of those chambers—she was in the habit sometimes of coming to those chambers when her mother was there—I have missed articles from my chambers—amongst other things I missed five silver spoons and a volume of Byron's works—these are them (produced).
JOSEPH LITTLEFORD . I live with Mr. Baker, a pawnbroker, in Stanhope-street, Clare-market—I have a silver dessert-spoon, and Byron's works in one volume, pawned by the prisoner, the spoon on 12th Dec, and the book on 7th Jan.—I saw her bring them.
Prisoner's Defence (written). The plate belonging to Mr. Maddock was under my mother's care; I pledged the articles mentioned, with the intention of replacing them at any time Mr. Maddock might ask for them; but my father getting into trouble, and thinking it would make his own case (see page 516) appear lighter, told Mr. Maddock I had pledged some of his plate, though he knew I was trying to get some work that I might be able to redeem them; I sincerely regret having been guilty of pledging that which did not belong to me; but as it is the first offence, I humbly hope your Lordship will extend your mercy towards me.
GUILTY. Aged 24.— Judgment Respited.
1471. BENJAMIN BENTON, MICHAEL BRANNAN, JOSEPH HARRIS , and JAMES FREEMAN , stealing 1 ring, value 2l. 10s., and 1 diamond, 2l. 10s.; the goods of Thomas Gleeson; Benton having been before convicted: to which
BENTON pleaded GUILTY . Aged 16. Transported for Ten Years.
BRANNAN pleaded GUILTY . Aged 16.
HARRIS pleaded GUILTY . Aged 17.
Transported for Seven Years .
Cross-examined by MR. M. PRENDERGAST. Q. When did he return? A. In about an hour—I sent him between two and three o'clock in the afternoon.
JOHN PHILLIPS . I was in Mr. Gleeson's service. I know all the prisoners—my master sent me with a parcel, between two and three o'clock—I do not know the day of the month—I did not see it—he put it in this bag—I was going through the pens in Smithfield with it—I saw all the four prisoners sitting on the pens together—I stopped—Brannan asked me what sort of a hall-mark there was on gold rings—I said I did not know—Brannan afterwards got hold of me, and he and Harris laid me down, and Benton put his hand over my mouth and my eyes, and Harris sat upon my legs, cut the string of the bag, and put his hand in his pocket quickly—the bag was left on me, but what had been in it was gone—Freeman was sitting on the pens while the others were doing this to me, about a yard from them—I said, "They have got my property"—Freeman came up and said he would search them—he searched them, and said they had not got anything—I then went away and left them altogether—I saw them looking down, as if they were looking for something—I came back, and said, "Give me my property"—they said they had not got it—I said I should like to search Freeman—Freeman said, "You may search me"—I searched him, and found nothing on him—I then went away and left them—I afterwards said to Phillips, "You own you sold it?"—he said, "No"—Benton said, "You sold it"—he said, "If I sold the ring what is that to you, hold your jaw, or else I will knock your head in."
Cross-examined. Q. How long have you known Benton and Harris? A. Only a short time—I have known Freeman about a month, by seeing him about Smithfield—when I first came up to them they and another boy, my mate, were sitting on the pens talking—they were not playing—I have known my mate about a month—I do not know his name, nor where he worked—he was gone when they laid me on the ground—I went home and told this story to my master in about an hour—I had to go to Duncan-terrace—I was to take the parcel to Meredith-street—Freeman allowed me to
search him—I do not know a boy named Jackson—I know a boy named Crocodile.
WILLIAM COOPER (policeman, G 112). I took Brannan and Harris—I saw Freeman two or three days afterwards—I said, "I heard you gave yourself into custody for this robbery"—he said, yes, he had, because the other three boys were going to buck it on to him, meaning that they were going to place it all on him—he said he gave himself up to a City policeman, and he heard the ring had been sold to a Jew; that he was sitting on the rails, smoking his pipe, when he saw the three boys get the boy down and rob him, but he had no concern in it.
Cross-examined. Q. Did he say he saw it done? A. No; he said he was sitting on the rails while it was done.
JANE DOUGLAS . I know Harris—I was at the police-court on Tuesday week—I saw Freeman standing by the lamp-post outside the court, at the time Benton and Harris were there—Benton's sister was there, having words with Freeman—she said, "You are as bad as the rest; you sold the ring"—he said, "Yes, I know I did, but hold your tongue."
LOUISA BENTON . I am the sister of Benton. I was outside the police-court, and saw Freeman—I asked him how he thought they would get on—he said he did not know—he spoke in a very disrespectful manner to me, and I said, "You ought to be there yourself"—I told him he sold the ring—he said, "I know I did, but hold your row."
FREDERICK PATRICK ROCKFORD (City policeman, 248). On 13th July I was spoken to by a woman about Freeman—I went with her to a public-house in Aldersgate-street—I found Freeman there—he said he wanted to give himself up, that there were two of the G division after him—I took him to the station—he said he was sitting on the pens when the robbery was done, and he knew the parties that robbed the errand-toy of the property, and he would do his utmost to find them.
JOHN JACKSON . On a Wednesday, the day after the Duke of Cambridge died, I came through Smithfield—I saw young Benton—there was no one with him—I asked him to come with me to the City of London, and we met Freeman by Bishopsgate Church—we saw Harris and Brannan, and all went to Petticoat-lane—Freeman and Harris went down a court—when Freeman came out he had some money—he gave a half-crown a piece to the others, and kept a half-crown himself—he stood swearing that that was all he got for it—we then all went to the City of London Theatre together— Freeman told me in the theatre that it was a ring that was sold—I told the police, and took the two policemen to Petticoat-lane, and showed them the house they went into.
Cross-examined. Q. Have you ever been here before? A. No—I have not gone by any other name than Crocodile—I have never been in custody—Benton was alone when I came up to him—I intended to go to the theatre, and I asked him to go—we met the other boys afterwards in Bishopsgate—the house they took the ring to was two doors from a little barber's—I do not know who lives there.
ISABELLA LINFOOT . I was outside the court when Freeman was talking to Benton's sister—she said to him, "You are as bad as the rest of the boys"—Mrs. Douglas said, "Surely this gentleman had nothing to do with the ring"—he said, "Yes, I had, but hold your jaw."
(Freeman received a good character.)
GUILTY . Aged 19.— Confined Twelve Months.
MR. PARRY conducted the Prosecution.
BENJAMIN SHEFFIELD . I live in Banner-street, St. Luke's, and am a stationer. On Saturday evening, 27th July, the prisoner came and asked if I was in want of any foolscap marble paper—I asked him the price; he said 3s. 6d.; it was a little tinder the half ream—I can buy it at 8s. a ream—he brought it, and I paid him 3s. 6d. for it—I gave the same paper to Mr. Brannan and Mr. Renvoize—on the Monday morning I took it to the police court.
Cross-examined by MR. BALLANTINE. Q. Are you quite sure it was the same paper, or might you have given some other? A. I had not another half-ream in the place—I put this on one side—I have boys about me; they might have shifted it—there is no mark about it—I could not swear to this being the same—I have known the prisoner's family twenty years—his father was in this business himself many years—he manufactured a large quantity of paper similar to this—I have bought it of his family twenty years back—there is an art in marbling—their family are considered very clever at it —there was no secrecy about the prisoner—I knew where to find him—I gave Mr. Brannan his address.
FREDERICK RENI RENVOIZE . I live in Branch-place, Hoxton, and am a manufacturing stationer. The prisoner was employed about five months in my factory, as a marble paper maker—I do not know exactly the number of these papers; they are something short of half a ream—they are mine—I know them by these white marks about them, which were the occasion of their being thrown out as spoiled—it was manufactured by the prisoner, and when I made complaint of these marks, his reply was, "It is no fault of mine; you have used my trough for oil"—I missed this paper on Monday morning, 29th July, but this is not the paper I missed first—I had seen this safe on the Friday night, at seven o'clock, and had the whole of it through my hands—it was either ten or twelve sheets short of half a ream—I am quite sure it is mine.
Cross-examined. Q. Does the observation about the defect apply to the whole of this? A. No, very nearly the whole of this is imperfectly manufactured—that would reduce it I should think one shilling the half-ream in value, but I never sold such—four of the prisoner's family were is my employ, his sister, his brother, and his brother's wife—George had not been there so long as John—I did not consider them very good workers—to the best of my recollection the first time I saw the prisoner was in Delarue's service, seven or eight years ago—we were both in the same employ—the prisoner had not given me notice to quit—he asked me if I would give him a character—I said "Certainly."
JOHN DARLOW . I am foreman to the pro seen tor—I believe this paper to be his—I missed it on Monday morning, 29th July—I saw it safe on the Friday—no one had any right to take it away without my knowledge.
Cross-examined. Q. Were you before the Magistrate on the second occasion? A. Yes, I was told I should be wanted to give information respecting the paper—that was not because my master was not certain about it.
WILLIAM JOSEPH HEWLINGS . I am warehouseman to Mr. Leschalles, of Budge-row. We have supplied Mr. Renvoize with paper for the last four of five months—this is the sort of paper that we supply to him for marbling—it is about 8s. a ream, hut it is double this size.
Cross-examined. Q. You were not sure about this paper? A. I believe
it to be the same—we tell an immense deal of this—I have seen the prisoner, and have heard of his family.
JAMES BRANNAN (police-inspector). I received this paper from Mr. Sheffield, and took the prisoner—I told him it was for stealing a large quantity of marbled stained paper from his master, Mr. Renvoize, and selling it at a stationer's shop at the comer of Banner-street—he said, "I sold no paper there, nor was I there."
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury.— Confined One Month
MR. METCALFE conducted the Prosecution.
FREDERIC RENI RENVOIZE . The prisoner was in my employ, at a marble paper glazer, about two months—he came about May—I took stock the latter end of June or the beginning of July, and missed some paper—this paper (produced) is mine—it is marked for exportation, that I might get the drawback—it was in my premises on Friday, 26th July, when I left to go home—it was kept in my stock-room—the prisoner had no access to that room—he had no right in the warehouse—he had no authority to take paper away, or to sell it, or part with it—the value of this is 8s.
Cross-examined by MR. WOOLLETT. Q. You missed this on Saturday? A. Yes, after dinner—it is marked for exportation—every ream it like a Bank-note, there are not two of one number—the number of this is 1676, and they progress eight numbers—I have the weight of it, and all the particulars—the other numbers show that this one was missing—these numbers are marked at the mill—the numbers progress each quarter of a year—here are not twenty quires here, a few sheets have been taken out for the work-people to try their colours on—I know nothing against the prisoner's character—I have known him many years about my factory—I think theft is a sheet or two less in this than there was—there may be half a quire less.
ELIZABETH CARR . I am the wife of Joseph Carr. The prisoner came to our house on 27th July—I opened the door to him, and said, "Who would have thought of seeing you?"—he asked if my husband was at home—I said he was not—he went away, and came again, and asked if I would go and pawn another article for him, as he wanted to get some food—I said, "Have you got it?"—he said no, but if I would go to Golden-lane he would give it me—I went to a cook's-shop there, and he brought some paper out, and gave it me—I pawned the same paper he gave me for 8s., and gave him the money.
Cross-examined. Q. Are you sure it is the same? A. Yes.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy by the Prosecutor.— Confined One Month.
MR. CHARNOCK conducted the Prosecution.
o'clock in the evening—he asked me to buy a 20l. -note—he said, "You can have it for 15l."—it was in his hand, which was shot—he did not describe it at that time—I said my wife was ill, and I did not want any such business as that—I walked away, and attended to my customers—he went away, and returned about eleven—he said, "I want to see you; walk into the parlour"—I went in, and he said, "There are three of us in it, let me have 5l. on it; I can square the other two off"—I said, "No, I don't do any such business"—he went away, and said he would call next morning, between eight and ten—I immediately went with a friend to the Bow-street station, and explained what had occurred—two policemen came to my house next morning—they were up-stairs, and the prisoner came alone, about eight—he said, "Here is this note, Butcher"—I said I could not give him 15l. for it, I did not know whether it was a good one—he said, "You know b—y well it is a good one; you ought to know it is a good one"—he gave it into my hand, and I said I would go and show it to my wife, I did not know whether it was good—I took it up-stairs—the officers came down—I came down, and brought the note in my hand—I showed it to Attwood, and asked if it was a good one—he said, "No, who gave it you?"—I said, "This man," and I gave the prisoner in charge.
Cross-examined by MR. PAYNE. Q. Yon were quite surprised at this; you never had any thing of the kind before? A. Yes; I took three bad 10l. -notes last Christmas twelvemonths—I do not know that the prisoner cannot read—I had not seen him above two or three times before—ours is a very low neighbourhood.
MR. CHARNOCK. Q. I believe you were formerly in the dock-yard at Woolwich. A. Yes, and received a medal for my long services there.
ALEXANDER FREDERICK MERRITT . I live at Romford. I was clerk in the Romford bank, which failed in June, 1844—they have not carried on any business since then—no business has been carried on by the firm of Johnson and Co., since that date—the date of this note is February 13, 1849—the signature is William Jackson—I never knew any such person in their employ—I never knew a note issued but it was signed Thomas Johnson the elder.
Cross-examined. Q. You do not know who Mr. Johnson might authorise to sign notes? A. No; Mr. Mann the surviving partner is living, but unable to leave his bed—I never heard of any suspicion of fraud—I believe Thomas Johnson did not get his certificate—there were notes of this firm in 1840—this has all the appearance of, and it is a note of that bank with the exception of the name—every genuine note would bear my counter-signature.
HENRY ATTWOOD (policeman, T 152). I went to the prosecutor's on the morning of 8th August—I was up-stairs—he brought this note up—I took it from him and said, "This is a bad note, the bank has ceased"—I took the prisoner—he said, "I will go with you"—as he was in Wild-passage, he said, "I suppose this will be a fullying job"—that is a slang term, meaning that he should be fully committed—I had not said anything to induce him to say that—I said, "Where did you get it?" and he said, "I picked it up in the Strand"—I have tried to bring Mr. Mann here—I went to his house and left a summons, and the answer I got was, he was unable to attend.
Cross-examined. Q. Did you ask the prisoner if he could read or write. A. No; he sells opera books and play-bills.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY .— Confined Six Months.
THIRD COURT.—Friday August 23rd, 1850.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. HOOPER; Mr. Ald. CHALLIS;
and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Fourth Jury.
GUILTY . Aged 16.— Confined Four Months.
1476. MARGARET HAVERTY , stealing 18lbs weight of fat, value 4s. 6d.: also 201bs. weight of fat, value 5s.; the goods of George Read, her master: to which she pleaded GUILTY . Aged 23.— Confined Four Months.
GUILTY.** Aged 32.— Transported Seven Years.
GUILTY .— Confined Six Months.
1479. HARRIET TOVILL , stealing 1 nightgown, 1 handkerchief, and other articles, value 10s.; the goods of Harriet Foot: and 2 salt-cellars and other articles; value 16s.; the goods of Joseph James Foot, her master: to which she pleaded
GUILTY . Aged 10.— Confined Six Months.
(There was another indictment against the prisoner).
GUILTY.* Aged 30.— Confined Six Months.
GUILTY . Aged 19.
Recommended to mercy by the Prosecutor.— Confined Four Months
(There was another indictment against the prisoner.)
GUILTY . Aged 15.— Confined Eight Days and Whipped.
GUILTY . Aged 14.— Confined Eight Days and Whipped.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 17.—He received a good character, and a witness agreed to employ him.— Confined One Month
GUILTY . Aged 19.— Transported for Seven Years.
MR. CARTER conducted the Prosecution.
WILLIAM BULLEN . I live at Hanley Farm-house, Hornsey. The prisoner was in the habit of bringing me milk from Mr. Roads—about 9th March I paid him 1s. 9d. on Mr. Roads' account, for milk—this is the receipt he gave me (produced).
Cross-examined by MR. COCKLE. Q. Did he write it in your presence? A. Yes, no other person brought milk.
JOHN ROADS . I am a dairyman, at Hornsey-road. In March the prisoner was in my employment—his duty was to take out milk to the customers; and he ought to bring back the money every night; and if it was not paid he ought to book it—he has not accounted for this bill of 1s. 9d.—I have not the books here—I asked him many times about Mr. Bullen's account, and he always said it was not paid—he has never paid me any money from him.
Cross-examined. Q. How many men have you? A. Three besides the prisoner—they have no books to put money down in; they trust to their memory, and put it down when they come home—the prisoner had forty customers to call on every day.
Cross-examined. Q. Where did you take him? A. At Wood Green—he said he was going to work, and he was dressed as a working-man.
NOT GUILTY .
GUILTY . Aged 33.
Recommended to mercy by the Prosecutor— Confined Three Months
MR. M'MAHON conducted the Prosecution.
JAMES GATE . I am assistant to John Gate, a hosier, of 4, Glasshouse-street, Regent-street. On the evening of 18th July, about six o'clock, the prisoner came into the shop—he bought a tie, paid for it, and left—Hardwick soon after came in, and I missed this piece of black silk (produced)—it is John Gates's property.
Cross-examined by MR. BALLANTINE. Q. Is there any mark on it? A. No.
THOMAS HARDWICK (police-constable, D 7). On Thursday evening, 18th July, I was outside Mr. Gates's shop, and saw the prisoner sitting down inside—I saw him take something from the counter, and put it into hat,
which was between his legs—he soon after left the shop—I spoke to Gates, and went after the prisoner, and saw him put something into a handkerchief—I overtook him in Vere-street, and asked him what he had got—he said, "What do you think?"—I took this silk (produced) from his hand tied, up in a new handkerchief.
Cross-examined. Q. Did you go to his house? A. Yes—I found he kept a rag-shop—there were some old articles of dress there.
GUILTY .** Aged 30.— Transported for Ten Years .
1490. WILLIAM DUDLEY, JAMES SHIPLEY, GEORGE EVANS, GEORGE WILLIAMS, WILLIAM DAVIS, JAMES STEVENS, GEORGE WOOD, THOMAS BURDETT, JOHN SMITH , and THOMAS GALLOWAY , breaking and entering the warehouse of Morris Myers, and stealing 3 coats, 1 writing-desk, 15lbs. weight of brass, 34lbs. weight of calico; and other articles, value 3l. 11s.; his goods.—Other COUNTS for Receiving.
MR. ROBINSON conducted the Prosecution.
MARY ANN DICKMAN . I am married, and am forewoman to Mr. Myers, a government store-dealer, in Castle-street, Whitechapel. On 22nd July, I left the premises locked up, at seven o'clock, leaving the coats, metal, and writing—desk safe, and this metal (produced)—we had 1150 of these brass things, and I missed such next morning—these rags (produced) have the Government mark on them—there is no particular mark besides, but we had such on the premises—this handkerchief is my master's, and was in one of these coat-pockets—I went to the premises next morning at seven o'clock, and found a candle and lucifer under the counting-house window, in which there were marks of some one having entered there—a large pane of glass had been broken before, and a board had been placed before it; that had been pushed away, so that any one could get in without breaking anything—they had got through the counting-house window with this knife—the window that was broken was about as high as a one-pair window from the ground.
MORRIS MYERS . I have held the Government contract for all the old bedding for thirty years—this property produced it all mine—some metal found in the frying-pan, and that found under my window are parts of the same things.
THOMAS WEAKFORD (policeman, H 5). I received information on Tuesday morning, 23rd, and went to Mr. Myers' warehouse—I have heard Dickman state how a person could get into the house; I agree in that opinion—I went into the yard and found this pan (produced) lying under the window where they entered—I went to 7, Plough-street, Whitechapel, and found Dodley, Shipley, and Evans there, sitting before a fire with a frying-pan on it, melting down this pewter—the instant they caught sight of me, Evans pretended to be asleep, and Dudley made for the door—I took them into custody, and told them the charge—they made no reply—I searched the room, and found the brass and rags which have been produced—I took them to the station, and then went to 13, Lower Keate-street, Spitalfields, and found Williams, Davis, Stevens, and Wood there, and a quantity of rags in the corner of the room—I told them the charge; they made no reply—I asked what they had done with the other property—Williams said, they knew nothing of it—Harrwood came in, and I told him in their presence what I came for, and he said he had received three coats and a writing-desk from Williams, Davis, and
Stevens, which he produced—I took them to the station—I found in Mr. Myers' warehouse a lucifer match, some pieces of candle, and a knife.
THOMAS WILLIAM THOMPSON . I keep a lodging-house, 7, Plough-street. Previous to 22nd July, Dudley and Shipley lodged with me—that night I went to bed at half-past two o'clock, and they had not come in—they came in in the course of the night, or early next morning.
Dudley. I had been turned out of the house. Witness. He came about eight o'clock that evening, and asked me to trust him, and I would not—I have lodgers who go out to work early—the door is left on the latch, and he came in after they were up, without my permission.
PHILIP HARRWOOD . I keep a lodging-house, 13, Lower Keate-street. Davis, Williams, and Stevens lodged with me—Williams and Stevens on the night of 22nd July only—they all came in that night about half-past eleven o'clock with these coats on, and one of them bad a writing-desk—they pulled the coats off, put them with the desk, and asked me to take care of them—I took them, locked them up, and gave them to Weakford next morning—I did not see Wood that night, but he was present in the morning.
WILLIAM GRADY (policeman, H 206). I received information, and went on the morning of 23rd, to some arches in Commercial-street, Whitechapel, where I found Burdett, Smith, and Galloway sorting the rags and brass which have been identified—I charged them with breaking into Mr. Myers' ware-house, and each of them said, "It was not me that did it"—at Worship-street police-court, I took the handkerchief which has been produced, from Davis's neck.
Davis s Defence. Me and Williams got over a paling to ease ourselves, and found the coats and writing-desk lying on some rubbish.
GUILTY of receiving.— Transported for Seven
GUILTY of receiving.— Confined Six Months
GUILTY of receiving.— Confined Fourteen Days
WOOD— NOT GUILTY .
MR. WOOLLETT conducted the Prosecution.
JOHN MALONEY . I live at 9, Tindall's-buildings, Gray's Inn-lane, and am a fur skin dresser. I know both the prisoners, and lodged with Johanna, who is the mother of Ellen—on 25th July, about four o'clock, I was in the next house, and saw Ellen go into No. 9, where my wife lay in a dying state—I went into the house, and heard her ask Mrs. Harvey, who lives there", for a halfpenny—Mrs. Harvey said she had no halfpence to give her; I went in and she asked me—I said I had plenty of calls for my halfpence without giving them to her, and she ran at me directly, and caught hold of my neck-handkerchief—I shortly after went out, and returned in about an hour to see how my wife was going on—as I went to her bed-side, both the prisoners rushed at me, and Ellen said, "I have got him, I have got him;" and the mother says, "Give it him well, he deserves it;" and Ellen directly ran to the dresser, caught hold of a jug, and threw it at me—I stooped my head and escaped it—Ellen ran into the next room, caught hold of the poker, and some
person there pushed her out of the room—I then took my seat on the bed-fide with my wife—I could hardly hear her speak, she beckoned me to come near, and I took off my hat and laid it on the pillow, put my hand inside the bed to her, and stooped my head down to hear her speak, and Ellen heaved at me, struck me on the head, and threw me on my face and bands on the bed—Johanna kept calling me all manner of names, saying that the woman that was in bed I had done it myself, and she was encouraging her daughter—I was taken up from the bed, and led up to the next room—my head was cut open and bled wonderfully—I was stunned by the blow—I had never had any quarrel with either of them—Ellen often asked me for a halfpenny, and I have given it to her to get rid of her—I have given her no provocation—they were both between drunk and sober—I think Ellen was in a state to know what she was about—they could see my wife in bed, and knew she was ill.
Ellen. Q. Did you not strike me, and knock me down? A. No—I have not employed boys to call after you, and given them money for doing it.
JOHN SULLIVAN . I lived at 9, Tindalr's-buildings, and am Maloney's father-in-law. On 25th July I saw him sitting on the bedside—I was in the kitchen—there was no door—Ellen took a jug off a little dresser and flung it at Maloney, and but for his stooping down he would have caught it—a few minutes after, she went round to the fire-place, took a poker, and thought to strike him—I ran down and turned her up out of the room, and as soon as she got away she flung the poker, hit his head, and down he came senseless—Johanna said she was well pleased in his getting what he did—I did not see her do anything—I did not see Maloney do anything to provoke her.
EDWARD HICKS (policeman, G 40). I saw Maloney led out by two men, with his head all over blood—he told me what was done—I took Ellen, and told her the charge—she said, "I have done it, and a very good job too if I get sent out of the country, for the House of Correction is nothing but a dream to me"—I saw blood on Maloney's head and face—he was very faint, and was taken to the hospital.
ELLEN— GUILTY . Aged 30.— Confined Twelve Months.
JOHANNA— GUILTY of Assault. Aged 53.— Confined One Month.
MR. PLATT conducted the Prosecution.
SARAH STEWART . I am the wife of Alexander Stewart, who keeps the Somerset Coffee-house, Strand—the prisoner was our waiter. On the afternoon of 23rd July I went to the till and missed a 5l. -note, which I had seen safe about an hour before—the till was shut and locked, but the keys were in the lock—I had just before seen the prisoner close to the till, where he had no business to be—I afterwards missed the cash-box, which had a 5l. note in it.
Cross-examined by MR. PAYNE. Q. Where was the note? A. Folded up and tucked through the handle of the cash-box, not inside it—the box was safe after the note was gone—the prisoner used to drink—I saw him just before I missed the note, and he put my candle out—it is a dark bar—we cannot see all day without a candle.
ALEXANDER STEWART . I live at the Somerset Coffee-house. On my return home, on the afternoon of 23rd July, my wife gave me information—I went to the till and missed the note—the prisoner was the worse for liquor, but seemed to know what he was about—after leaving the house, he returned again without a hat—about half-past four he went out again, and in consequence of what my wife said I missed the cash-box, which had a 5l. -note several bills of exchange, a gold seal, and a key, safe in it at twelve o'clock—in the evening I went with Ashman to the prisoner's lodgings, 3, Fetterlane, to the second floor—the door was locked—he was asked repeatedly to open it, and would not—the officer was obliged to force it, and we found the prisoner in the room—he made very violent resistance—he was searched, and I saw 4l. 8s. 6d. in gold and silver taken from his waistcoat pocket, and several bills of exchange, which are mine, and had been in the box.
Cross-examined. Q. Do you mean there was a 5l. -note inside the box? A. Yes, as well as the one tucked under the handle—the box had been locked; it was found broken open—I had given the prisoner notice to leave in consequence of intemperance—I had a character with him—he was not sober all that day, but he knew what he was about.
THOMAS SMART . I am in the 12th battalion of Fusileer Guards. On 23rd July, about a quarter past seven o'clock, I met the prisoner in a public-house, in Duke-street, Lincoln's-inn-fields—he asked me to drink with him—I did so—I rode with him in a cab, and when we got out he gave me this cash-box, and said, "Take it, it may be of some good some other time"—I took it to the barracks, opened it, and found the papers in it which are inside now, and a purse—by looking at the papers I found the name of Stewart, by which I afterwards returned it.
JAMES LEWIS ASHMAN (policeman, F 1). I went with Mr. Stewart to the prisoner's lodgings—the door was fastened, we were obliged to force it open—the prisoner resisted very much, and asked me for my authority—I showed him my staff—I found 4l. 8s. 6d. in gold and silver on him; 3s. 6d. in another pocket, and this purse.
Cross-examined. Q. Did you take a pocket-book from him? A. Yes; there is a recommendation from the Whittington Club in it, and characters from places where he has lived.
(The prisoner's statement before the Magistrate was here read)—"I do not doubt that all that has been stated is true; I confess my guilt in stealing the cash-box and purse; I know nothing of the 5l. -note. I was drunk at the time."
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Nine Months.
1493. SUSAN DAGLEY and THOMAS DAGLEY , stealing 1 ring, value 1l.; the goods of Charlotte Newman; and 4 goblets, 2 candlesticks, 3 pieces of carpet, and other articles, value 19s. 3d.; the goods of Richard George; the master of Susan Dagley.
RICHARD GEORGE . I am a dancing-master, of Albert-terrace, Bayswater. I employed the prisoner Susan from February to April, as charwoman—I missed a gold ring set with rubies—she assisted me to look for it, and turned all the things out of the parlour—I also missed some candlesticks, a snuffertray, some goblets, pieces of carpet, and other articles—some of them were not missed till after she left.
Susan Dagley. He never employed me; the ring is my own, I had it before I was married. Witness. She was engaged by Mrs. Newman, my wife's mother—I have two places of residence, she manages this—the wages
did not come from me—I am only there two days a-week—I have an arrangement with Mrs. Newman, and she supplies me with a servant.
MICHAEL DUFFY (policeman, D 279). I took the prisoners on 7th Aug.—I searched their room, and found these four plated goblets, candlesticks, snuffer-tray, and some knives and forks (produced)—Thomas said his wife brought them home at different times, and he knew nothing about them—I also produce a ring, which I got from Mrs. Taylor, a greengrocer, and three pieces of carpet from Mrs. Wood.
CAROLINE WOOD . I am the wife of George Wood. The prisoners lodged with me—I took this carpet from the male prisoner in part payment of rent—he said he was in distress, and bad not money to give me, and offered it me for 7s.
Susan Dagley's Defence. Miss Amelia Newman gave me the goblets and the snuffer-tray, because there was no snuffers to it. I had the ring before I knew Mr. George; it was in pledge nine months in Chapel-street, and it was raffled for because we were in distress.
Thomas Dagley's Defence. When I first saw the goblets they were black and rusty; it was some days before I could get them clean.
NOT GUILTY .
1494. SUSAN DAGLEY and THOMAS DAGLEY were again indicted for stealing 2 shirts, 1 chair-cover, 1 table-cloth, and other articles, value 2l. 6s. 8d.; the property of John Henry Welchman, the master of Susan: to which
SUSAN DAGLEY pleaded— GUILTY . Aged 22.— Confined Fourteen Days.
No evidence was offered against THOMAS DAGLEY.— NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JAMES KEAN . I live in Primrose-street, Bishopsgate, and am assistant to a whosesale clothier. On 29th July I had been drinking at a public-house in Tottenham-court-road, and left about one o'clock in the morning—I was not quite sober—I had changed a sovereign, and got a half-crown and the rest in shillings and sixpences, which I put into my waistcoat pocket—I went down Holborn, past St. Giles's church and Drury-lane, where some parties came behind me, and I received a blow at the side of my neck which knocked me down senseless—I afterwards found that all except 1s. 2d. was gone.
FANNY SALTER . I am the wife of John Salter, a tailor of 190, Holborn. On 29th July, about half-past two o'clock, I was waiting at my door for it to be opened—there is a gas-light there—I saw four or five men talking, and saw Kean going towards the City—the prisoner was one of the men—he struck him a blow on the back of his head, and then pulled him back by the shoulders on to the ground—the prisoner did not fall, but he was in a stooping position—he searched Kean's pockets, and I heard money fall on the pavement—I told a policeman, and he went after the prisoner—I saw him brought back about five minutes after—he is the same person—I did not know the other persons.
I heard a cry of "Police!" ran towards the place, heard money fall, and saw the prisoner leaning over Kean, who was lying on the ground—when I got about forty or fifty yards from them the prisoner ran up Museum-street into New Oxford-street—I followed, crying "Stop thief!"—he got out of my sight at the corner of George-street, and was stopped by another constable—I went and brought him back—I afterwards searched the place where Kean had laid, and found a shilling, and afterwards another shilling.
HENRY BINGHAM (policeman, 153E). I was on duty—I heard a cry of "Stop thief!" and a rattle springing—I saw the prisoner running towards me, and Jeffery some distance behind—I stopped the prisoner in George-street, three doors out of New Oxford-street—I asked him what he was running for—he said two men had been fighting, and he had taken one's part—Jeffery came up, and we took him back—I found 2s. 6 1/2d. in his pocket—I searched the place, and found this cap (produced)—he took it, and wore it during his examination at the police-court—I knew him before, by seeing him about with a barrow and fruit.
Prisoner's Defence. I met Kean at the corner of Drury-lane, and being drunk I stumbled against him; he said, "Do you want to rob me?" I stood still, and he laid hold of me; I wanted to get away, and with trying I fell down, and he too.
GUILTY .† Aged 19.— Confined Twelve Months.
FREDERICK PURDUE . I am a warehouseman, and lodge at 5, Sermonlane, Doctors' Commons. The prisoner lodged there also, five or six days, and left on 22nd July—on the 26th, I went to my drawer and missed two coats, two pairs of trowsers, two shirts, and a silver watch and chain, and other articles, and four sovereigns—I had seen them safe a few hours before the prisoner left—these are them (produced).
JOHN BAKER (City policeman, 255). I took the prisoner, and in a carpet bag which he packed up in his room and took to the station, I found a waistcoat, two pairs of trowsers, a gold key, a small box, and two shirts, and two coats on his person; also some duplicates, one of which corresponds with the waistcoat found at Mr. Adams', and another with the watch at Mrs. Reeves.
Prisoner. The watch is mine; I paid 7s. for repairing it; the trowsers and shirts are mine, but not the coats.
GUILTY . Aged 21.— Confined Six Months.
(There was another indictment against the prisoner.)
THOMAS BIRD . I live with my father, Frederick Bird, at 3, Norman's-buildings, Somers-town. He keeps a marine-store shop at the Colonnade, St. Pancras—on the Thursday evening before 7th Aug., I was in the shop and saw the prisoners come down the Colonnade—Squires came into the shop—I was attending to two men, and he said something, but went out with the
two men, and at the bottom of the steps Lee followed them—In five minutes Squires came back—he said nothing, but I saw his hand just by the window board, where 8s. was lying—Lee was outside talking to Connor—I went behind the counter to pick up a bottle, and when I got up again he was going out of the shop, and the money was gone—I ran down the steps, and one ran one way, and one the other—I gave information.
ANN CONNOR . I live at No. 2, Colonnade. On this evening, I was sitting outside my door, and saw both prisoners come down the Colonnade—they stopped and spoke—Squires went into the shop, and afterwards a man with some caps—I saw them come out, and Squires went in again—Lee came and spoke to me, telling me he had not been at work in consequence of headache—I knew them both before—Squires came out, and Lee followed him.
WILLIAM KING (policeman). I apprehended Squires in Cromer-street. I asked if his name was Squires—he said, "No"—I said, "You don't mean to tell me your name is not Squires?"—he said, "Yes it is; I did not understand what you said"—at the station the inspector told him the charge—he said he was innocent.
JOHN SARGENT (policeman). I apprehended Lee, and said he must go to the station for stealing money from the Colonnade—he said, "It is not me, but Squires, but my own people have made it all right"—on the way to the station he said, "It was through Squires I got into the mess, and I think it will be a sickener for me."
Squires's Defence. A man with caps and bits was in the shop; while the boy was weighing the bits the man was all over the shop; I left him there when I went out.
(Squires received a good character).
SQUIRES— GUILTY . Aged 18.— Confined Two Months. —LEE—
NOT GUILTY .
RICHARD CRUWYS (policeman). On 3rd Aug., I was on duty in Rathbone-place, and saw both the prisoners—I knew Shepherd before—I followed them and saw them cross over to a truck of goods in front of a public-house—Shepherd stood by the side of it, and Mason joined him—Shepherd put his hand into it, and took a bundle out which appeared to be in a red handkerchief—he handed it to Mason, and they both went into the public-house—I ran, and when I got to the corner of Greek-street they came out at the side door which leads out of a mews, and I did not see the bundle—I followed, and took them at the corner of Percy-street—I asked where the bundle was that they took out of the truck—Shepherd said he did not know anything about it—they must have passed it away in the public-house or mews—I took them back to the public-house, and asked the landlord in their presence if they had left the bundle there—he said they merely went in at the front door and went through, and had nothing to drink.
CHARLES ST. JULIAN . I am a builder, of Stephen-street, Tottenham-court-road. On 3rd Aug. I was at the corner of Greek-street, and saw Shepherd put his hand into the truck, take a red and white bundle out, and give it to Mason—it was between them, as if they wanted to conceal it—they then went into the public-house at the front door, and came out at the side.
WILLIAM WEST . I am a broker, of Stuckley's-terrace, Camden-town. On 3rd Aug. I left a truck outside the public-house, with a bundle, containing twelve knives and forks, my property, in a red handkerchief—I saw the prisoners come into the public-house, and go out at the side-door—I did not see them do anything, as I was talking to the landlord.
Shepherd's Defence. I met Mason; he said he had 4d. for a pint of beer, and when we got inside he said he had lost it; we came out, and were taken.
Masons Defence. I asked Shepherd to have a pint of beer; when we got to the bar I found I had no money; we came out, and were taken.
SHEPHERD— GUILTY . Aged 22.
MASON— GUILTY .** Aged 26.
Confined Nine Months.
BLAKE pleaded GUILTY . Aged 17.— Transported for Seven Years.
DANIEL ROGER . I am in the service of Joseph Roger. I produce a shawl, pawned on 15th July, by Hughes—she said it belonged to her aunt—her aunt was in the habit of pledging at our shop—Blake was with her, but said nothing.
HARRIET MEDLER . I am servant at 4, Brook-court, Holborn, a home of accommodation. Blake lodged there—on 15th July she and I were in the kitchen, about half-past four o'clock—I fell asleep—I awoke about five, missed my shawl from my box, which was opened, and the prisoner gone—it was safe when I fell asleep, but the key was in it—she did not come back—the shawl produced is the one I lost.
JOHN PORTER (policeman, G 101). I took Hughes on 5th Aug., and told her I had a charge against her for being concerned, with another person, in stealing a shawl—she said she knew nothing about any shawl—on the road to the station, she said, "Oh, I remember now going with a girl, and pledging a shawl; I pledged it in my own name, and told the pawnbroker it was my aunt's; I pledged it for 5s., and we had 2s. 6d. each, and had some biscuits, and something to drink."
Hughes' Defence. Blake asked me to pawn it; I thought if I said it was my aunt's I could get more on it; I gave her the money.
HUGHES— NOT GUILTY .
JOHN PEARCE . I am a labourer. On 13th July I was at Hammersmith with Gomm, who gave me a pair of trowsers to take to where we work—going up Hammersmith, I was shoved off the pavement, and the trowsers snatched from under my arm—I did not see who it was—Eliza Godfrey ran after the person, and stopped him—I saw the prisoner afterwards, and asked him what made him snatch the trowsers from me—he said, "To take care of them"—I asked him to give me them—he said he would see me b—first—I called the police.
he acknowledged he was guilty, and hoped I would make it at light as I could for him; he had been out of work a long time—I found these trowsers on him (produced).
Prisoner's Defence. I picked them up on the pavement.
GUILTY . Aged 25.— Transported for Seven Years.
MR. NAGLE conducted the Prosecution.
THOMAS PLANT . I am a plumber. On 13th Aug., between two and three o'clock in the morning, I went to see a friend home to Westminster—two other friends were with us—we went to the Bell, in York-street, ordered some refreshment, and while we were sitting there a young woman came running up to me, crying, and asked me if I would protect her from the prisoner, as he wanted to rob her—I told her 1 did not know about protecting her, as I knew a young man who had got into trouble for so doing, but if she liked to stand by me I would see that no injury came to her—the prisoner was then within hearing, and came up to me, and asked what I had to do with her, and hit me in the nose, which made it bleed—I struck him again repeatedly, and when he found I was too much the master he up with his foot, and kicked me in the privates—I reeled to the bur—I was in such pain that I could not stand—the landlord immediately put the gas out—one of my friends opened the door—I was led out, and tat on the step of an omnibus in the yard—I afterwards went to one of the witnesses' house, but did not go to bed—on going to work, at half-past six, I went to the public-house, saw the prisoner there, and asked him how he could use me in such a cruel manner, and the answer was a repetition of it, if I had not stooped, and caught it on my shins—I struck him again, and he ran away, saying I was too much for him—I thought it was all over; I was leaning on the bar, and all at once he rushed at me with a knife between his fingers—I did not see anything, but I thought my eye was pierced out—I was taken to the station, with the prisoner, and from there to the hospital.
HENRY KING . I was with Plant—a female asked him for protection—he told her if she stood by him, he would not see her injured—the prisoner came up, and struck him between his eyes—Plant struck him again, and the prisoner struck him on the shin-bone and the lower part of his person with groat force, and he was obliged to go and rest himself on the counter, in great agony—we left the public-house, returned in the morning, and found the prisoner there—blows passed between them—the prisoner said he was too strong for him—he out with a knife, and struck him below the eye—I saw the knife in his finger, and he put it towards his pocket—I saw the blood flow from Plant—Richards was present.
JOHN RICHARDS . I was with Plant, at the Bell—the woman rushed past me, nearly crying, and said to Plant, "Do take care of me, that man wants to rob me"—he said he did not know about protecting her, so many young men got into trouble for it—the prisoner was close enough to hear—she showed a sovereign in one hand, and some silver in the other—in a few minutes the
prisoner came, and asked Plant what he had to do with the woman—he said, "I do not know, she came to me for protection, and I protected her"—the prisoner then struck him a violent blow, blood flowed, and there were blows on both sides—I cannot say I saw him kick Plant, but I saw him in the act—Plant leaned on the bar, and said he had ruined him for ever—the landlord put the gas out, and I opened the door to let the daylight in—we then left, and returned at half-past six o'clock, and Plant went in to remonstrate with the prisoner—we afterwards went in. and the prisoner was then kicking Plant, and blows passed—after that I thought it was all at an end—Plant was leaning on the bar, talking to a party about the cruel way the prisoner had attacked him—I saw a knife in the prisoner's hand, and he shot off his fist, and struck him in the face—he put the knife into his left-hand pocket—I afterwards saw him put his hand to his left-hand pocket, and pass something to one of his party, who was close to him.
WILLIAM DEWSNAP . I am a surgeon. Plant came to the hospital at an early hour in the morning—he had a punctured wound on the left lower eyelid, about a quarter of an inch deep, and a contusion on the side of his nose—the wound under the eye might have been inflicted by a sharp instrument—it could not have been inflicted by the fist, or by a fall.
Prisoner. Q. Might it not have been inflicted by the edge of a table bound with iron? A. I should say not, it was not of sufficient extent.
Prisoner's Defence. In the fight we both fell, and the prosecutor's face came in contact with the seat.
GUILTY on 2nd Count. †* Aged 27.— Transported for Ten Years.
OLD COURT.—Saturday, August 24th, 1850.
Before Russell Gurney, Esq., and the Second Jury.
1502. In the case of ALFRED ALLEN, indicted for a misdemeanour, the Jury, upon the evidence of Mr. McMurdo and Mr. Sewell, surgeons of Newgate, found the prisoner of unsound mind, and incapable of pleading to the indictment . Ordered to be detained till Her Majesty's pleasure be known.
Before Mr. Baron Platt.
1503. MARTHA SHARP , feloniously administering to Charlotte King, 30 grains of Cantharides, with intent to murder her: 2nd COUNT,—feloniously attempting to administer the same, to James Walker Elphinstone, with a like intent.
MR. ROBINSON conducted the Prosecution.
WILLIAM DAVIS . I am a waiter at the King's Head, in Baker's-row, close to the Pavilion Theatre. I know the prisoner from seeing her about the neighbourhood—on 23rd July I saw her at the stage entrance of the Pavilion—she asked me to take a tart in to Mr. Elphinstone, who is the principal actor there—she gave me a bag with something in it—I did not know it was a tart—I gave what I received from her to King, Mr. Elphinstone's dresser.
Cross-examined by MR. M. PRENDERGAST. Q. You gave something wrapped up, I suppose? A. Yes.
THOMAS KING . I am dresser to Mr. Elphinstone, at the Pavilion Theatre. I was at the theatre on the night of 23rd July, and received a paper bag from Davis, at the door of Mr. Elphinstone's dressing-room—I gave it to Mr.
Elphinstone, and told him I had received it from the waiter—it contained a tart—he said, "You can keep it, or do what you like with it"—when the play was over, I took the hag home with me, and gave it to my wife; she ate a little bit of the crust that night, put the rest on the table, and went to bed—next morning I only found a little piece of it—I took that to Mr. Elphinstone.
Cross-examined. Q. You saw the tart, I suppose, when you took it out of the bag? A. Yes; it was a 2d. round tart, with jam in it, and cross-pieces of pastry at the top—I observed nothing particular in it.
JURY. Q. Did Mr. Elphinstone assign any reason to you why he refused to take it? A. No—I said to him, "Mr. Elphinstone, here is a tart sent for you," and he said, "You may eat it, or do what you like with it"—he did not know who it came from.
CHARLOTTE KING . I am the wife of last witness; he brought home a tart on 23rd July—I broke off a piece of the crust, and ate it that night; next morning, I ate all but what was left on the bag—I ate almost the whole of it—I left the middle part, where most of the green stuff was—I saw some green stuff, but did not know what it was—I had not eaten it five minutes before I felt ill, and was. violently sick, and I brought up the tart, and phlegm, and blood—I was in considerable pain all day, and have been under Mr. Cornelius ever since.
Cross-examined. Q. There was no appearance about the tart that made you afraid to eat it? A. The stuff was put at the bottom of the crust underneath the jam—I was afraid to eat the rest.
JAMES WALKER ELPHINSTONE . I am a comedian, at the Pavilion Theatre. I know the prisoner by sight only, and have done so for about four months—she has spoken to me, not herself, but through a Mrs. Holborough, who was continually with her—she has been close to me when Mrs. Holborough has spoken to me—it was merely to ask me to come and have some conversation with her, and wishing to take a walk; which I have invariably declined—I am a married man—I have received a note from her—I burnt it—I do not know her hand-writing at all—that note was delivered to me by her companion, Mrs. Holborough; she is not here, she will not come forward; she was bound over—I saw the prisoner the same evening, after receiving the note—no reference was made to it—I avoided her—they were standing at the right, and I turned to the left to avoid them—neither of them spoke to me—I met them next night at the public-house at the corner, where I called to take a glass of ale on my way home after my duties were over, and they were standing at the bar—the other woman asked me to have some gin-and-water, which I declined—on the night of 23rd July, I saw the prisoner in the boxes of the theatre, as I was on the stage—the tart was afterwards offered to me by the dresser; I refused it—next evening, he handed me the remaining portion of the tart—I took it to Mr. Cornelius, and then gave the prisoner into custody—I accused her of having sent me the tart; she denied it.
COURT. Q. Did you ever speak to her at all? A. Never, nor she to me, except through Mrs. Holborough—they were together on every occasion—I should say she heard what the other said—her object was merely to get me into conversation with her—I do not know what it could lead to further than what imagination may tend to—she merely wished me to go and speak to her, stating that she wished very much to speak to me, and to go and have some conversation—I replied that I did not wish to be acquainted with her at all—the prisoner did not object to what the other said—I did not avoid them because I fancied they would do me any injury; I had not the slightest anticipation of that kind—I never spoke to her.
HENRY THOMAS CORNELIUS . I am a surgeon, at 71, High-street, Whitechapel. On 24th July, Mr. Elphinstone handed to me a small portion of a jam-tart, which I have here—I examined it—it contained a considerable quantity of cantharides—they were bruised, not powdered—I found portions of several flies; they are of a golden green colour—the effect upon a person from taking a quantity of cantharides, would be to produce very violent pain in the stomach, in fact the whole of the alimentary canal would suffer; it is an irritant poison—if the proportion in the rest of the tart was the same as it is in this, it would produce most alarming symptoms, and would probably lead to fatal effects—there is a great difference of opinion as to the amount requisite to destroy life—a very small quantity will have a fatal effect with some—with others it might pass off without any injurious, or perhaps slight, symptoms—that would depend upon the predisposition to irritability in the patient—I think a quantity put into a tart in the same proportion as this, would be destructive to life—I have attended Mrs. King—the symptoms under which she laboured, correspond with those which would be produced by taking cantharides—she is still in a very delicate state, and is labouring now from the effects—the piece of tart that was left, was something less than a half-crown in size.
Cross-examined. Q. What is the smallest quantity of cantharides likely to occasion death? A. I can only speak from what I have heard and read on the subject—I attended Mr. Taylor's lectures on the subject, and he gives it as his opinion that even a drachm, or somewhat less, may be taken, and in other instances twenty grains has been sufficient to produce death—I have not weighed the quantity I have here, but I should say there is five or six grains—I have not, previous to this, seen persons labouring under the effects of cantharides.
MR. COOPER (who was also for the prisoner). Q. Is there not an idea prevalent among women of this class that it is a stimulator of the passions? A. That is their idea—it is a common vulgar idea—I have heard that it is sometimes taken by them as a love philter or potion—it is not generally sold in chemists' shops to ordinary persons—I should think a person decidedly wrong to sell this to a young woman—a chemist would know its properties—there are portions of several flies here—some women labour under the delusion, that by giving this they will make a man passionate towards them—it is the principal ingredient in the common blister—the way in which it is commonly used now is in tincture—some part of the fly is not of an evil tendency.
MR. COOPER submitted that there was no evidence to support either intent charged in the indictment. MR. BARON PLATT was of opinion that the first Count could not be sustained, there being no evidence to show any intent to injure Charlotte King, or that she was even known to the prisoner. MR. ROBINSON contended, that if there was any intent to injure A; and B was injured instead, that would come within the decided cases. MR. BARON PLATT thought not; those cases had reference to the act itself; here the intent was the essence of the charge; and he put it to the Jury to say whether they thought there was any intent to injure Mr. Elphinstone, or whether the other intention suggested, was not the more probable one.
NOT GUILTY .
1504. ROBERT GOLDSWORTHY , feloniously uttering a forged bill of exchange for 200l. with intent to defraud Robert Elliott:—2nd COUNT, with intent to defraud John Gerard Lee:—Other Counts, with intent to defraud Benjamin Renshaw; and others, for uttering a forged acceptance to the said bill.
MESSRS. HUDDLESTON and CHARNOCK conducted the Prosecution.
ROBERT ELLIOTT . I am a wine-merchant. I now live at 3, Princes-street, Hanover-square—I formerly resided at the White Bear, Piccadilly—I have been in difficulties—I know the prisoner very well—I have discounted several bills for him—the first I did was a 30l.-bill—that was in the beginning of 1839—the next was for 75l.—I gave the 30l.-bill back to Mr. Lee—this bill for 200l. (produced,) dated 17th July, at four months, was first brought to me by Goldsworthy—it is drawn by him—I know his writing well—the whole of the body is his writing, except the acceptance—he asked me to discount it; I did—I gave him money and paper for it—I gave him a bill, which was ten or eleven days from being due, and which I had previously discounted for him, and 105l. in money—I paid this 200l.-bill to Mr. Renshaw—since discounting this bill Goldsworthy again applied to me on the subject of this bill for 170l. (produced)—that was in Sept., before the other became due—I discounted this for him—this is dated Aug. 27th, at four months—I know Mr. Lee well and his family—I have known him several years by sight—I had one money transaction with him; that was at the Euston station.
Cross-examined by MR. CLARKSON. Q. Was that a transaction in which you got Mr. Lee's name in blank on a paper? A. Yes; I gave the prisoner a bill for 75l. then nearly due—that was a bill drawn by Goldsworthy on Lee; not the one I have produced, another—I did not formerly keep the White Bear, in Piccadilly, I lodged there—I have been in business in Liver-pool for eleven years as a wine merchant—I did not leave there in trouble—I was before the Magistrate three weeks ago I think—I have had some wine-stores in Piccadilly five or six months—I put up a brass plate two mouths ago, perhaps—I do not remember how long it was before the inquiry before the Magistrate, very likely a week—I have never opened the wine-stores—there is no wine there—any orders I take are executed by Chillingworths, of 43, Great Tower-street—I was not a prisoner in the Fleet in 1830, 1831, or 1832, nor in Whitecross-street—I have been in Whitecross-street, I think, in 1833, or 1834—I will swear it was not in 1832—I was there till I paid and got out; four or five mouths perhaps; I think not more—I will swear it was not twelve months—I have been a bankrupt three times—that was before I was in Whitecross-street—I did not get my certificate upon either occasion—I paid the last in full—nearly all in full—I arranged with all the creditors and got a release—I was a bankrupt in 1827, and that bankruptcy I superseded—I am sure of that—that was before I was of age—that was the ground of the supercision—the amount of my debts was 3,000l. or 4,000l.—it was that that I superseded on the ground of infancy—I do not know how much I have paid of that—I have no recollection whether I paid 15s. in the pound, or 15d., or a farthing—the second time I was a bankrupt was in 1829, two years afterwards—I was of age then—I protested against the commission—I had left the firm for several months—the firm I was connected with, it was my brother-in-law at Birmingham, Byas and Co.—he is in America, I believe—he was not gone before my protest, not for perhaps twenty years afterwards—I believe that commission was worked; I have no doubt about it—I do not know the amount of the debts that were proved under it—I know I did not owe 1,000l.—it was not claimed of me—when I left the firm it was worth 20s. in the pound—I had been away several months—no debts were proved against me under that commission above one or two, I believe—I will swear there was not 1,000l.—I do not think there was 2,000l. altogether against the firm, and that was constructed after I left—I do not know whether a farthing was paid—I know they had 700l. or 800l. of my property; I am sure my creditors had that—I got
that money by speculating—racing: I mean on the turf—the next bankruptcy was in 1842—I have paid those debts—they amounted perhaps to 2,000l. or 3,000l.; I do not know which—I paid the creditors, and got my discharge—I paid 20s. in the pound to the greater portion—I am prepared to swear the amount was not more than 3,000l.—I will not swear it was not 4,000l.—I cannot state it was not 5,000, or 6,000, or 10,000l.—I will swear it was not 10,000l., and I believe it was not 4,000l.—I have no memorandum before me, but I believe it was not 4,000l.—I will swear it was not 10,000 or 9,000 or 8,000l.—I have been an insolvent debtor once; that was in 1846 I think, or 1847, I do not know—my liabilities, and so on, perhaps, might be 4,000l.—I have no memorandum—I will swear they were not twice as much—I cannot remember the amount—I had no idea I should be asked these questions, and am not prepared—I was only once in the Insolvent Court, and for defending an action I was remanded for five months—it was an action for railway shares—I was not remanded for fraud, it was for a vexatious defence.
COURT. Q. Defending an action for calls? A. Something similar, my Lord.
MR. CLARKSON. Q. Something similar!! A. It was for disputing at account for railway shares, between myself and the broker—I was not aware that the trial was going on at the time it was tried, otherwise I should certainly have appeared, and I should certainly have won my cause—I was examined at the Insolvent Court, and after being heard was remanded for five months—I had been in prison perhaps two months before I went up under the Insolvent Act—I cannot call to mind to a week—it was not six months—I think it was two—I believe I went into the Queen's Bench prison in Aug. 1836—I believe it was the Fleet; I do not know which—I was moved backwards and forwards on two or three occasions by the different creditors by habeas—I believe I was in custody till March 1848—I was not a bill-discounter while I was in prison—I know what is called a whistling shop; I kept one—it is a place where they sell spirits, and give accommodation to the other prisoners: I mean dinners—I did not keep there what is called a silver hell—I will swear I was not a party to keeping it—there might have been play sometimes at the whistling shop with dice, whilst I kept it, not red and black—they did not play there every night: perhaps once in three months—there was no set time—if persons came there, sometimes they played, and sometimes they did not—there was no set time, and no profit or anything obtained by it—they played for money—I did not keep a table there—the table belonged to me—I was not the banker, I do not know who was—the table was a common table, not a rouge et noir table, nothing of the sort—hazard was played there—the dice boxes were very likely mine, and the dice—I had nothing to do with the play, unless I played myself—I did play sometimes, not often—I played with the other prisoners for money—I have not been in prison since 1838, except when I took the benefit of the Insolvent Act for railway shares in 1846 or 1847—I have not been in prison since March 1848—I have not been in prison within the last twelvemonth or two years—I swear that—I have been in the Poultry Compter—it is so long ago I do not remember when it was, and I do not think I have any right to answer the question—I do not think it appertains to my case at all.
COURT. Q. If the answer might tend to criminate you need not give it? A. I think it is very likely it might in some way or other—Mr. Clarkson was for me in that case.
MR. CLARKSON. Q. Did you ever take any wine stores in St. Martin's-lane? A. Yes; I was never charged with stealing while I had those stores—I was not charged with stealing wine-warrants from the firm of Jones,
Trower, and Co.—I was given in charge when you were employed in that case, until I was arrested—I was discharged the following day, and arrested as soon as I was discharged—I do not believe I was ever charged with obtaining the wine-warrants by false pretences—I was given in charge by a person without character, reputation, or anything else in the world; a person that was paid for it, until they could get to arrest me.
COURT. Q. What were you charged with? A. I do not know; I do not remember—the name of the person who gave me in charge was Clark—I went before the Lord Mayor, and the charge was dismissed at the first hearing.
MR. CLARKSON. Q. Were you then charged in the name of Robert Telford? A. No; I have gone by the name of Robert Telford Elliott—I was called Telford when I was a boy, but not since I have been a man, or by the name of Trotter—I was never charged with a person named Knowles, of the Blossoms Inn—I did not go to live at Dudley—I never lived there, or traded there, or at Cheltenham, or Bristol—I know nothing of John Elliott and Co., of Dudley, Cheltenham, and Bristol, and never did—I never heard of them—I think it was in 1836 that I was taken to the Compter—I was arrested at the suit of several, four or five—Clark was not one of them—when I got out of the Fleet I went to live in Bury-street, St. James's—I did not there join a man named Minter Hart; I will swear that—I knew Minter Hart; I met him in the Fleet—he did not go to live in Bury-street when he came out of the Fleet—I was in the habit of meeting him several times—he was in the habit of coming to my place in Bury-street frequently, not day by day; he might come once a week—I was in no way of business when I was in Bury-street—I carried on no business—I did not discount bills—Minter Hart did not live in Bury-street at all, to my knowledge—I lived at No. 5, on the ground-floor and basement—I do not know Mr. Herbert Jenner, a son of Sir Herbert Jenner Fust—I never saw him—I have heard of him—I saw in the papers that Minter Hart was transported by him—I was in the Bench at that time—Minter Hart was no friend of mine—I think I saw him two days before 1 went into the Bench—that was not in Bury-street, but in St. James's-square—I met him by accident—I do not know what year that was in—I do not know how long it was after that that he was tried—I had nothing to do with Minter Hart—I cannot recollect when he was tried, how he was tried, or anything else—I read that it was for uttering a forged acceptance; that is all I know about it—I was in the Bench at the time he was tried—in 1839 I was at Liverpool—I never took lodgings in Bolton-row, Piccadilly—I never lodged there—I have been there—a man named Byron, whom I knew, lived there; I do not know what he was—I do not know who was the landlord of the house—I forget the number.
Q. I will put you in mind of a circumstance; did you ever know Lord Shelburne? A. My Lord, I shall not answer that question.
COURT. That cannot do you any harm, whether you knew Lord Shelburne; you must answer that. Witness. Yes.
MR. CLARKSON. Q. Have you seen Mace, the police-officer since you have been in attendance here? A. Yes—I asked him what he had come about—I knew Mace well at the time Byron lived in Bolton-row—I do know Lord Shelburne—I was sometimes a money-lender at that time; I did not advertise as such; I swear that, nor ever caused advertisements to be made as such—I never advertised, or caused to be advertised, as a money-lender, or discounter, or a money-scrivener, referring to Bolton-row, nor ever had any connection with anybody that did, to my knowledge—I may have forgotten such a thing.
Q. Pray did you ever pass by the name of Stafford? A. My Lord I have never contracted any debt except in the name of Elliott—I introduced myself to Lord Shelburne by the name of Stafford—I passed by the name of Stafford of Bolton-row—that was at the house where Byron was—I saw Lord Shelburne on the subject of lending money—I shall not answer whether I got any bills from him—I shall not, unless compelled, answer whether I went out leaving Lord Shelburne in the room where I had received him, or whether I came back, or whether I had at that time got bills from him which I pretended I was going out to get him the money for—I shall not answer whether I told him I lived in the house, and would be back in a few minutes, or whether I ever returned—I never got a farthing from him—I shall not answer any questions on the subject—I did not at that interview get two bills for 5,000l. each from him—I shall not answer how much—the landlord's name was not Green, to my knowledge—I never occupied an apartment in Bolton-row—I never carried on business there, and never pretended that I did.
Q. Will you swear that you did not receive my Lord Shelburne in answer to an advertisement under the name of Stafford, a money lender living in Bolton-row? A. I never advertised, and consequently I could not see Lord Shelburne—.
Q. But did you represent yourself to Lord Shelburne in that character? A. I shall not answer any questions as to my Lord Shelburne, unless the Judge compels me—I do not know whether there was any other person of the name of Stafford referring to that house but myself—Mace, the police-officer did not take hold of me, and take the bills from me, nor did anybody—I do not acknowledge having any—I have told you I will not answer—I will not answer any question relative to Lord Shelburne unless my Lord insists upon it—I was in the habit of attending every one of the race-courses from the Newmarket Spring Meeting down to a donkey race—I never received a letter containing a check for 110l. to take to a Mr. Richardson, a wine-merchant at Liverpool—I never received a letter containing a check to be paid to Richardson, nor ever ran away with it—I gave the prisoner for this 200l. bill, 105l. in notes, and a bill for 75l.—the notes were Bank of England notes for different sums—I got them from Benjamin Renshaw—it was not money of my own—Renshaw is a retired publican—I got the money from Renshaw on the bill and paid it to the prisoner—the waiter might very likely have seen me pay it, he is not here—the first time I heard that the name of Mr. Lee to this bill was a forgery was when it was returned—that was in Nov., 1849—I last saw the prisoner in Oct. last—I never saw him after Nov., nor heard where he was—I know Inspector Field (he was here called in)—I news learnt from him that the prisoner was to be found whenever I wanted him—I told Mr. Field that I wanted to find him, and if I found him I would give him in charge—he did not tell me I might find him whenever I liked, or words to that effect—he did not tell me where he was to be found, or that he could be found—I sometimes frequent Croft's public-house, in Windmill-street—I do not remember seeing Inspector Field there—Inspector Field found me in bed in a house in Conduit-street—he sent up his name, and I told him to come up—he told me he came about a bill for 200l. accepted in Mr. Lee's name which was a forgery—I do not remember what month that was in—it might have been, perhaps, a month after the bill was due and dishonoured—it was about this bill, and I said, "It is not," and I do not believe it is a forgery now, and I will give you my reason if you will allow me to explain—the first bill I discounted for the prisoner was for 30l., drawn by him, and accepted by J.G. Lee, the same as this, and Mr. Lee in another Court has sworn, that
he never gave such a bill—I gave that bill back to Mr. Lee after it became due—I got another bill for it, and gave the difference, and gave the bill back to Mr. Lee, not to Goldsworthy—Mr. Lee did not pay the money—Goldsworthy brought me a bill for 75l., out of which I gave him the difference of the money, and took the bill for 30l. back, but it happened to be in the hands of the acceptor at that time, and when I received it back I gave it to Mr. Lee, and he made no comment on the subject—I should not have taken these bills if he had said that was a forgery—he received the bill back not as a forgery, but as a genuine bill, and afterwards swore it was a forgery—that is my explanation—that is as true as that Mr. Lee gave me an acceptance at Euston-square in blank for 60l.
COURT. Q. How could it be in blank, if it was for 60l.? A. I met Mr. Lee at Webb's Hotel, where I was stopping; he said he wanted to borrow some money: from his high position in society, his father being so wealthy a man, I could scarcely credit that he wanted money; however, I saw him again in the afternoon, and he said, "I want 50l;" I said, "What will you give for it?" he said, "I will give you 60l., draw a bill at two months;" I said, "I will go and get you the money:" I went to a friend of mine, a monied man; he was at dinner; I said, "Have you got 50l. in your pocket? I have got the best man in England," for I considered Mr. Lee the richest man in Liverpool; when I got back to Webb's Hotel, he had gone to the station, I got into a cab, and followed him there, and he wrote, "60" not in the place where it is generally written, but in that place; and he wrote his name across the bill, in blank; I gave him the 50l., on the bargain that he was to give 60l.: he asked that himself, I should have let him have it for less if he had asked me.
MR. CLARKSON. Q. That bill you negotiated, I suppose? A. I never had it in my hand afterwards—Renshaw had it—he found the money, and I had a 5l.-note as my share of it, and Renshaw had a 5l.-note—when Inspector Field told me that this was a bill for 200l., accepted in Mr. Lee's name, which was a forgery, I said, "No, it is not; it is all stuff; it is Lee's handwriting, I know it very well"—that was my sincere belief—I applied to Inspector Field to find Goldsworthy for me—I called several times on Mr. Davis, the tailor, in Regent-street, to get Mr. Lee to give this gentleman in charge, that I would pay him the bills, and settle the matter at once—I do not remember Inspector Field asking me where he could find Goldsworthy; I do not believe he did: I do not whether he did or not, but I told him I wished to find him—I did not tell him that Goldsworthy was in the habit of going to a house in South Moulton-street—I do not remember whether I afterwards learnt from Mr. Field that he had seen Goldsworthy on two occasions, once in Burlington-mews, and that he had seen and talked to him about it—I do not remember such a thing—it might or might not have passed—he never told me that he knew where to find Goldsworthy, nor offer to take him if I would authorize him—I was always anxious to find him—Mr. Field never did, to my knowledge, tell me that he knew where to find him, and offer to take him into custody if I would authorize him—that is my belief—Mr. Field will tell you in the box to-day, as I suppose you will call him, that I never did, that I was always anxious to find him, and would give him in charge.
COURT. Q. Did he make that particular offer? A. I do not recollect anything of the sort—I do not believe he ever mentioned such a thing to me.
MR. CLARKSON. Q. Will you swear he did not tell you he would take Goldsworthy into custody if you would authorize him, and did not he tell you so as long ago as December last? A. I told him I should give him into
custody if I could find him, and I offered Langley 10l. to find him—I do not remember his making such an offer as you state: I do not believe he did, I will not positively swear it—I do not recollect sufficiently.
MR. HUDDLESTON. Q. You say you offered a reward to take him into custody; how much? A. 10l.—I made that offer to Charley Langley; he is a detective man—I said, wherever I saw him I should give him in charge—I said that to every one I spoke to on the subject—when Mr. Field came and spoke to me about this, I told him I should give him in charge whenever I found him—the last time I saw him was in October last—from that time till the moment he was given into custody, I have endeavoured all I could to find him—Renshaw was with me when I got the 60l.—Mr. Lee was in a hurry, he was going off by the railway—this was at Euston station, in the booking-office —it was the half-past four or five o'clock express train—I believe this it Mr. Lee's writing—I gave up the 30l.-bill to him about a fortnight after it was due, after I had discounted the 75l.-bill; I handed it over to Mr. Lee himself—he tore it up, and burnt it—he said he never heard anything of it—I said, "No, I took it out of the other bill"—I mentioned to Mr. Goldsworthy the fact that I had given up the 30l.-bill to Mr. Lee—I had not opened the stores in Piccadilly—I took the place with the intention of opening them, had it not been for this, I should have opened them before now—the first bankruptcy was in 1827—I was not then in any partnership—the second bankruptcy superseded the first—I believe the debts of the first were carried in to the second—at the time of the first bankruptcy I was under age—my individual creditors had all my goods—everything I had was given up—I had left the partnership several months before that bankruptcy—it was dissolved in the regular way, by Mr. Ashurst—I did not keep a gambling-house in the Bench—the charge about the wine warrants was a false charge, for the purpose of arresting me on a civil process—I was taken in the Court—I did not take benefit of the Act—I paid all the detainers that were lodged against me—I had not the slightest in the world to do with the case of Minter Hart—my acquaintance with him was by boarding and accommodating him—being notorious in the Bench, the turnkeys placed him under my protection, I kept him from being bored upon by the other prisoners—that was the first I knew of him—I had nothing whatever to do with Minter Hart's transaction on which he was tried—no proceedings have been taken against me by Lord Shelburne—I introduced myself to Lord Shelburne twelve years ago.
JOHN GERARD LEE . I live at Luton, in Bedfordshire. The acceptance to this 200l. bill is not my writing—it was not accepted by my authority—I know the prisoner—I never authorized him to accept this bill, or any other—the acceptance to this other bill for 170l. is not mine, nor by my authority—I know Elliott—I remember some money being advanced to me by Renshaw, in Elliott's presence—I was in the Euston station, going off by the five or half-past five o'clock train—he advanced me 50l.—I gave him an acceptance—I believe it was not in blank—I cannot tell whether I put this "60l. "on it.
COURT. Q. Did you pay the bill? A. Yes; a day or two after it was due.
MR. HUDDLESTON. Q. In whose hand-writing was the body of the bill? A. I cannot tell: to the best of my belief it was drawn up—we wrote it at the book-stall at the station.
COURT. Q. Do you recollect whether the clerk handed you the pen? A. No; I cannot say he did not.
MR. HUDDLESTON. Q. With regard to the 30l.-bill; do you remember a 30l. -bill being handed to you by Elliott? A. I remember a bill being handed
to me by him—I tore it up, knowing I had only had one transaction with Mr. Elliott, and I took it for granted that was the bill I had accepted at the station.
MR. CLARKSON. Q. Did you ever, to the best of your belief, accept a hill of exchange in blank for Elliott, or any one else? A. No.
COURT. Q. Why do you say to the best of your belief, it is not an ordinary course of proceeding by any means. A. I can only swear to the best of my belief I never did give a blank acceptance.
MR. CLARKSON. Q. Have you any doubt that the bill was written on, and drawn in the ordinary way, before you put your acceptance to it? A. It was drawn up, as far as I know, in the ordinary way—I am convinced in my own mind that there was writing on it besides my acceptance—I have not instituted this prosecution.
MR. HUDDLESTON. Q. Do you remember getting a bill from Mr. Salisbury of the Hotel? A. Yes; that was the 60l.-bill—I really do not know when I received it—I received it when I sent the money through Mr. Salisbury to take up the bill—I do not know how long that was before Mr. Elliott gave me the 30l.-bill, but it was some time before.
COURT. Q. How could you suppose that the bill which Mr. Elliott gave you was the one for 60l., if you had actually had it back again? A. Because I never took any notice of it, but tore it up there and then, knowing I never had but one transaction—
MR. HUDDLESTON. Q. Then knowing you never had but one transaction, you took the two bills and tore them up? A. That is the truth—I cannot say whether my memory is equally accurate as to the transaction that took place at the railway station.
BENJAMIN RENSHAW . I live in Victoria-road, Kensington. I am not in any business now—I was formerly a publican—I recollect having a bill transaction with Mr. Lee, at the Euston-square station; the amount of it was 60l.—the bill was not filled up—I am quite certain of that—the figures "60" were written in some part of the bill by Mr. Lee himself, and he signed it himself—I filled up the body of it to correspond with the figures—I did not do that till it was very nearly due—Mr. Elliott brought me this 200l. bill for discount, and I discounted it for him—I should think a fortnight or perhaps three weeks after its date—it was in the same state as it is now, except the ticket—I gave him 105l. in notes, and a 75l.-bill—that was a bill I had received from Mr. Elliott; first it was a 30l., then that 30l. was taken up by giving 75l. and more cash, and then the 75l. was taken up by giving the 200l. bill—I am the holder of that bill at the present time—proceedings are taken against Mr. Lee to recover the amount—I have not discounted the 170l.-bill.
COURT. Q. You discounted the 200l.-bill at the rate of 30 per cent. per annum? A. Yes; I do not know whether Elliott got anything out of this—I gave him the money, I do not know what he did with it—I did not give him a farthing of the 20l.
Cross-examined. Q. Are you the prosecutor of this indictment? A. No; I am the holder of the bill, and am seeing the party upon it—I do not believe it is a forgery; I did not when I took it, or I should not have taken it.
MR. HUDDLESTON. Q. Have you seen Mr. Lee write? A. I have seen him write his name—I saw him accept the bill at the station—seeing Mr. Lee sign his name to that bill, and having the signature in my possession afterwards, gave me an opportunity of forming some belief as to his writing.
COURT. Q. Did you become acquainted with the character of his writing? A. Not particularly I might not—I could not take on myself to swear that
this is Mr. Lee's writing—I kept the 60l.-bill in my possession till it was due—I never parted with it—it was to be paid at Mr. Salisbury's, Webb's Hotel, Piccadilly; and when the bill became due, I called on Mr. Salisbury with it, and asked him if Mr. Lee was there—he said, "No;" I said, "Has he left any message for me?" he said, "No," and I went back and wrote to Mr. Lee, down at Luton Hoo, and I believe I had an answer from Mr. Lee, (I cannot be positive,) that I was to call at Mr. Salisbury's for the money—that was a few days after it was due—I did call at Mr. Salisbury's, and received the money for the bill. (The bills were here read—the one for 170l. was dated, London, August 27, 1849, drawn by Robert Goldsworthy, on J.G. Lee, Esq., of Luton Hoo, Bedfordshire, at four months, payable to order—accepted; payable at Coutts and Co., bankers, London, J.G. Lee.—the one for 200l., dated July 17,1849, was drawn and accepted in the same manner, and both were endorsed by Elliott.)
NOT GUILTY .
1505. CHARLES WHEELER, HENRY WILLIAMS , and HENRY WILMOT , burglariously breaking and entering the dwelling-house of Ann Dugard, and stealing 3 aprons, 1 scarf, and other articles, value 20s., her property; Williams having been before convicted: to which
WILMOT pleaded GUILTY . Aged 18.— Confined Nine Months.
MR. WOOLLETT conducted the Prosecution.
THOMAS HOLDAWAY (policeman, S 68). On Friday, 2nd Aug., I was on duty at King's-cross, and saw the prisoners about half-past one o'clock—I asked them to go away—they made no answer, but went away—I afterwards saw them under a dead wall, near the Small-pox Hospital, just opposite Weston-place—I asked what they did there—Wheeler said he was going to Brighton in the morning—Williams said, "It is all right, policeman, I have been bad in my bowels"—Wilmot said nothing, but walked away—I afterwards heard a cry of "Police!" and Cutler gave Wheeler into my custody, and said he had been connected with two others in breaking into a house—Wheeler said, "They have just gone up Weston-place, let us run after them"—I took him to the station.
Cross-examined by MR. METCALFE. Q. Did you know either of them before? A. No—when I first saw them it was half-past two o'clock in the morning—it was quite dark under the wall, which was just such a place as a person would go to ease himself—there was no light on the right-hand side of the road, but I went close to them twice.
Williams. Q. Was there anything which gave any light? A There was a coffee-stall—after speaking to you I turned back to King's-cross—I left you 200 or 300 yards from the house No. 13—there was a lamp there, and you could see part of No. 13 from where you stood.
JAMES CUTLER . I live at 17, Thornley-place, Somers-town. I was out on this night near two o'clock, and saw Wheeler and Williams walking backwards and forwards in Weston-place—I went up the kennel, stepped lightly on the kerb, and saw the shutters lying on the grass-plot in front of the house, and the bar swinging on them—a drover came up, and I told him something—I saw Wilmot put his hand in and out of the window two or three times, and take out white articles—the other two were about twenty yards from him, or more, walking up and down in sight—I then made an alarm—Wilmot immediately jumped up out of the area, about two feet, and ran up Weston-street—I followed him a little way, but it was of no use—I saw Williams close to the wall; Wheeler came up at the time, on the same side of
the road; I stopped him, and he wanted me to ran and catch the other two—I said, "No, you are one of them, and you had better stay till the officer comes up"—I held him, and handed him over to a constable—I then went back, knocked up Mrs. Dugard, and went to the station with the policeman and Wheeler—I saw Williams in the station next morning, and asked him if he knew me—he said he never saw me before in his life—I am certain he is the man.
Cross-examined. Q. You ran a little way after Wilmot? A. Yes—it was after that that Wheeler came up to me; and after I had called "Police!" he came in a direction from the house towards me—he and Williams had passed me on the same side of the road a few minutes before, and then turned back again—Wilmot ran in an opposite direction to them—I passed the house again in running after them—Williams was walking, and was going to pass me: he was alone—the drover called "Police!" pretty loudly—at that time Wheeler must have been twenty or thirty yards off—I knew where the policeman had gone, but did not call, for fear of disturbing the prisoners.
MR. WOOLLETT. Q. Was any person near you or the prisoners at the time? A. No one was nearer than the coffee-stall at King's-cross.
COURT. Q. Had you known Wheeler or Williams before? A. No; I recognized them next day, because I saw them pass me several times—I was then on the other side of the road, under the wall, by the Small-pox Hospital—I hid myself there, having suspicion of the persons, and watched them—I saw them walk up and down three or four times past the railings in front of the house—they went about ten or fifteen yards away from, the house, and then back again.
Williams. Q. Did you see me run away with Wilmot? A. I saw you walk away under the wall—you had parted with Wilmot then about three minutes.
JAMES BILLINGHURST (policeman, S 386). I was on duty this night, and met Holdaway and Wheeler—in consequence of something I heard, I went to 13, Weston-street, and found these shoes and this linen which I produce, lying on the grass—the shutters were down, and placed on the grass, and the window was broken—this other small parcel of linen was picked up by a neighbour, six or seven doors off, and brought to the station.
ANN DUGARD . I am a widow, and live at 13, Weston-place, St. Pancras. I am the tenant of the whole house—on Thursday, 2nd Aug., I went to bed at eleven o'clock—I saw my sister fasten the house up all secure at nine, and it was not opened afterwards—I was aroused in the morning about twenty minutes past two, and found the house had been broken open, and these things lying on the ground—I know them to be my property—I buy the things—my sister lives with me, and has part of the things—I am the sole tenant of the house—I keep a wardrobe shop.
CHARLES KEMP (policeman, S 81). On the Friday morning, about seven o'clock, I went to 7, Fitzroy-place, in consequence of what I had heard from Wheeler's mother—I saw Williams there—he came to the front door on hearing me inquire for Wheeler of a man in the area—he said he was very sorry Mr. Wheeler was not at home; he did not know the reason, but he had not been home all night—I asked Williams if he lodged with him—he said he did—I asked how long he had lived there—he said about two months—I went there again about ten, searched the room, and found these two pairs of boots, four pairs of shoes, and two odd shoes, wrapped up in a cotton handkerchief, under the bed—the landlady showed me the room—I took the things to the police-court, where the prosecutrix identified them—the fellow to one of the odd
shoes was found in the bundle found on the grass—on my way back I met Williams—he asked if he could see Wheeler—I said yes, and when he came inside, I told him I must detain him on suspicion of being concerned with Wheeler in a robbery last night—he said, Well, that was a bad job; he did not know anything about it, he only came down to see him.
MARGARET HARRISON . I am the wife of George Harrison, and keep the house, 7, Fitzroy-place, Hampstead-road. Wheeler and Williams lodged in my back-kitchen for three weeks before the robbery—they slept together—Wheeler's mother took the room, and furnished it for him till he got a situation—Williams, who went by the name of Hudson, was staying with him as his friend—he came at the same time or next day—I saw them constantly there, every day and night—I allowed Wheeler one latch-key, and told them another—on the Thursday night previous to 3rd Aug. I went to bed from half-past ten to eleven o'clock—I am sure they were not in the house at that time—they did not sleep at home that night—between eight and nine in the morning, I heard footsteps come from the kitchen door, and go out at the front door—when the officer Kemp came, I showed him the prisoners' room—I know they were not at home the night before, because Wheeler's mother called to see him, and tried their door, and it was locked and no one answered.
Williams's Defence. On the night in question, I and Wheeler went out to a place of amusement; we met some friends there, who requested us to come a little way home with them; we all went together down the New-road, as far at King's-cross, where we bid them good night and left them; we had some coffee there—I told Wheeler I wanted to go to the wall, would he stop? He said, Yes; and when I came back he was gone on; thinking I should overtake him, I went on, but did not, and I went direct home and to bed, and next morning the policeman came to ask for Wheeler. I afterwards met his mother, who said he was locked up; I went to inquire for him, and the policeman took me, and said he found these things under the bed. I said I knew nothing about them; Wilmot confessed that he took the things to the lodging unknown to me, while I was out—the key was left over the door for Wheeler if he came home, and that was how he had access to the room; he was not a stranger to either of us; he had been in our company before, and had been to the concert that night.
WHEELER— GUILTY . Aged 21.
WILLIAMS— GUILTY . Aged 19.
Confined Twelve Months.
MR. COOPER conducted the Prosecution.
ELIZABETH COLLINS . I am the prisoner's wife—we live at 8, Praed-street, Paddington. On 29th June, my husband was at home with me at half-past six o'clock in the evening—he had been tipsy all the week, and I with him, and for a month before that—he did not use insulting language to me; I did to him—I flung a spoon at him, into the dirty ashes, and almost blinded him, and I hit him, and tore his shirt off; I went into the passage and screamed "Murder!" before anything was done to me—on that, I ran in again, and he was beating the table, and I caught hold of him, and tore the front of his shirt
off and beat his face—it was all my fault—he was always very kind to me—my arm was never broken, I could comb out my hair two days afterwards—my husband did not hit me a blow—I dragged him off the bed, and called him very bad names, and aggravated him, but he never came home with the intention of ill-using me—it was putting my arms to save two pieces of mahogany, which he was striking, that hurt my arm—he was breaking the mangle, and I got before him to prevent it.
COURT. Q. Were you examined before a Magistrate? A. I went, but I was tipsy; I have been so the whole time I have been here—I cannot remember what I said—I went to the hospital because I fancied my arm was broken.
FELIX WHITE . I am a grocer, of 10, Praed-street. I heard a woman scream out "Murder!" three or four times—I went to the area of No. 8—there was a great row—the prosecutrix came towards the window, the prisoner followed, and struck her over the arm with this piece of mahogany (the leaf of a table)—she had her arms up to save herself, with the bed-clothes wrapped round her—she appeared to me to be nearly naked.
THOMAS WILKINS (policeman, D 117). I was in Praed-street, and heard a cry of "Murder!" two or three times from No. 8—I went down-stairs, and pushed the door open, and saw the prosecutrix on the bed, and the prisoner over her—I heard something fall—there was a little light between the shutters, which were shut, and the ceiling—the prosecutrix said, "Policeman, I will give him in charge, or I shall be murdered"—I hesitated a moment, and she said, "If you do not take him in charge, I will take your number"—the prisoner said, "D—n my eyes, I will finish you"—he up with this piece of wood (the leg of a table,) and was in the act of striking her—I knocked it out of his hand with my staff—her arms were all over blood—she was quite sober, and also at the police-office—she told me she had not been drinking anything for three days—she was pretty quiet.
Cross-examined by MR. COCKLE. Q. Did you look about the room? A. Yes; and found this great piece of wood (the beam of a mangle) with blood on it—the prisoner was quite sober—he spoke as reasonably as ever I heard a man speak in my life.
Cross-examined. Q. How was the prisoner? A. He was sober, for anything I know—he was excited by being in the row.
JOSEPH HOLMES BUXTON . I am resident surgeon at the Western Dispensary. I examined Mrs. Collins—both her arms were bruised—one bone of her left arm was broken, and the skin was broken in several places—this piece of a table would have done the injury.
MR. COCKLE called
Cross-examined. Q. When were you in the habit of seeing him? A. Every day; they lodged with me two years ago, but I was obliged to get rid of them, because she was always kicking up a disturbance, and quarrelling—I have often seen them since they left—I have been to their house once—I have known them to be fighting, but I never got out of bed to stop them.
GUILTY . Aged 30.— Transported for Ten Years.
NEW COURT.—Saturday, August 24th, 1850.
Before Mr. Common Serjeant and the Sixth Jury.
MARY BRICKNELL . I am in the service of Mr. Samuel Howis Castle, of Turnham-green. His furniture was to be sold on Wednesday, 31st July—it was to be seen on the 30th—the prisoner came about one o'clock that day—I went up-stairs with him, and showed him the furniture—I came down with him to the drawing-room—there was a lady there—I saw the prisoner take up a cruet-stand from the drawing-room table—he took this mustard-pot out of the stand, and put the stand down on the table, but not the mustard-pot—there was no mustard in the pot, but there was a silver spoon—he went downstairs directly—I ran down to the men, who were at dinner in the kitchen, and told what I had seen—Robert Bass ran after the prisoner, and he was brought back—he went down on his hands and knees, and said, if Mr. Castle would let him off, he would try and find the mustard-pot—they went away together, towards the Duke of Devonshire—this is the mustard-pot(produced)—it is Mr. Castle's.
Cross-examined by MR. PAYNE. Q. Mr. Castle said, "Come with me," and they went together? A. Yes; Mr. Castle is not here—I know his name, from his sisters and others, and by its being written in books—he did not tell me to say that his name was Samuel Howis Castle—he has been ill ever since the death of his father—he does go out—I was only one or two minutes talking with the lady, I cannot say when she came in or went away—I know her by sight—I do not know her name—when I ran down-stairs I left her by herself—I did not go back again—I know the mustard-pot, by cleaning it fifteen months—there is no mark on it.
ROBERT BASS . I was in the kitchen at Mr. Castle's house—Bricknell came down, and told me something—I ran out of the kitchen, and followed the person she pointed out—I saw him running—he ran through an avenue between two gentlemen's grounds—he ran by the pleasure-grounds of Falkland-house, and into the ✗ain road again.
Cross-examined. Q. Did you stop him? A. No; when I found he was gaining ground on me, I called to a person, who went after him, and stopped him on the common—I did not see an omnibus to my knowledge.
HENRY POPE (policeman, T 88). I received the prisoner from Mr. Castle—he went on his knees, and begged him not to press the charge—he said if he would let him go he would give him 5l. or 10l.—I took him to the station, and on the evening of the same day I went to the play-ground belonging to Falkland-house School, and found this mustard-pot and spoon in a shrub.
Cross-examined. Q. Did he ask not to be given in charge on account of his wife and family? A. He did.
WILLIAM COPPING (policeman, K 379). I produce a certificate of the prisoner's conviction, at Clerkenwell—(read—Convicted March, 1848, and confined six months)—I was present—he is the person—he has also had three months on another indictment.
GUILTY . Aged 29.— Transported for Seven Years.
1508. JOHN WALKER, CHARLES WILCOX, JOHN ELLIOTT, SARAH CLEMENTS, ELIZA WILSON , and SELINA LANGLEY , robbery on Frederick Augustus Thomas, and stealing from his person, 1 jacket and other articles, value 2l. 5s. 3d., and 3 shillings and 1 sixpence; his property.
MR. O'BRIEN conducted the Prosecution.
FREDERICK AUGUSTUS THOMAS . I am a sailor. On the 19th July, between twelve and one o'clock at night, I met Eliza Wilson in Ratcliff-highway—she took me to a house in Whitechapel—it was then between one and two o'clock—I went to bed, and after some time Sarah Clements came in and laid on the outside of the bed—about half an hour afterwards the three male prisoners and Langley came into the room; I had never seen either of them before—it was then about three o'clock—I had no light in the room, but I could see; there was a window right over the gas—I was frightened; I got up in bed, and wanted to go away, and these chaps said, "Don't fear, we are not going to trouble you; we only came to ask you for some tobacco"—I had four sticks of tobacco, and I gave them one—they then retired from the room, leaving Clements and Wilson with me—in about a quarter of an hour afterwards the three men and Langley came back again, each of the men had a stick—I then got up to go away altogether, and the three girls put the sheet round my head, tied it round my neck, and began handling my throat, and the men got to the foot of the bed, unbuttoned my trowsers, and pulled them off—they got their hands up at the foot of the bed, and pulled off my stockings and waistcoat—my jacket was off—before I could get the sheet off my head they all went down-stairs, and I was left in the room by myself—I laid there till morning—I had had three shillings and one sixpence in my trowsers—in the morning, about eight o'clock, or between eight and nine, Walker and Elliott came to me and told me I was to leave the room and go away: I did so—I had nothing on then but my shirt and my inner trowsers—they followed me out to the public-house at the corner—I saw a policeman there, and spoke to him—Walker and Elliott escaped—Walker saw me speak to the policeman—I went back with the policeman to the house; I found Langley there and give her in charge—I have not seen any of my clothes since, only my braces—I was in the street when Walker was taken—the others were taken at different times—I have no doubt that the prisoners are the persons—I was sober.
Walker. When I first saw you were in the street, and told me you were too late to get in at your lodgings, and went home with a girl, and gave her your trowsers to sleep with her because you had got no money. Witness. No, I did not—I saw you between eight and nine o'clock in the morning, and again at night—I had nothing to eat or to drink.
Elliott. You went in the front room at No. 2, and gave Clements your trowsers to sleep with her that night. Witness. I never went in any house but one, I do not know the number of it.
Clements. Q. Where did I pick you up that night, when you said you had lost your trowsers and 3s. 6d.? A. I never saw you till you came up-stairs and laid down on the bed.
Wilson. Q. Where did I pick you up? A. In Tower-street—I did not say" Here is my trowsers, I am going to draw my money to-morrow;" I went to bed with them on—I did not tell you to pawn them in the morning.
Langley. Q. Did not I fetch a quarter of an ounce of tobacco for you? A. No.
THOMAS WEAKFORD (police-sergeant, H 5). On 19th July, I went with the prosecutor to George-street, Whitechapel—I found Langley sitting at the door—he pointed her out as being one of the persons that had robbed him—I told
her the charge—she said, "It is a hard thing that I should suffer for all; when I get before the Magistrate I shall see how I get on, and then I will tell who the others are"—in the evening I went to the house, and found these braces between the sheets, and this stick under the bed, which is the same sort as Thomas described—on the Sunday I went to 9, George-street, and took Elliott and Clements—I told them the charge—Elliott said, "I do not mind, if he speaks the truth"—Thomas had described the persons who robbed him.
GEORGE KING (policeman, H 27). About half-past nine o'clock on the Saturday morning I was passing near the Founder's Arms, at the corner of Wentworth-street—Wilcox walked away from the public-house side-door as I went up—at the same moment Walker and the prosecutor came out of the front-door—I heard Walker say to him, "I will see that you have all by five o'clock to-night"—Walker walked away—Thomas spoke to me, and I turned round to go after Walker; he ran down Thrall-street as hard as he could run—Wilcox was gone the other way—I heard that Langley was in custody; I went to her room, No. 5—I found Wilcox there, packing up a lot of little things in the room—I said, "I want you; you know what it is for, I suppose?"—he said, "Yes, about the sailor"—in going to the station, he spoke about Walker and the others—after coming from the police-court, I went to No. 2, and saw Walker come over the fence into the back yard—Thomas was up-stairs; I called him down—Walker saw me, and immediately made his escape over the fence—I had an officer stationed there, and Walker ran into his arms—this was between two and three in the afternoon.
SAMUEL DAMAREL (policeman, H 140). I took Wilson on 23rd, at 2, George-street—I told her the charge—she said she knew nothing at all about it—I saw Clements in custody—she owned she was one who was in bed with the sailor, and said they came in and struck her as well as the sailor, and she ran down with the party.
(The prisoners' statements before the Magistrate were read, as follows: "Wilson says, 'I never saw the man before.' Clements says, 'I took him home, but I deny the robbery.' Langley says, 'I deny the robbery; I heard the scream; I went into the room, and found the sailor there.'")
Walker's Defence. I saw the sailor in the street at half-past twelve o'clock; he was talking about a girl that he gave his trowsers to, to sleep with, and she was gone away; he had no trowsers but a pair of canvas drawers on; then Clements came and he agreed to give her his jacket to go to her lodging; now he finds that his things are gone, he brings this against us.
Wilcox's Defence. The prosecutor said I came into the room, and the other two men asked him for tobacco, and I stood outside; and then he said he never saw me more till Mr. King took me; and then he said that I was in the public-house, and threatened to knock his brains out; the policeman said I was not there at all.
Elliott's Defence. I was standing in the street; the prosecutor came out of No. 2; he said he had given a girl his trowsers to sleep with her, on account of not being able to get into his boarding-house; Clements came up, and he made an agreement to go with her; I saw no more of him till between eight and nine o'clock in the morning when the beer was in his head, and he gave these two in charge; the lamp is ten or twenty yards off, round a corner; no light can come from it.
Clements's Defence. I picked him up at the door; he said, "What a shame I
should be robbed like this;" he said, "I have no bed to sleep on; if you will take me in, I will go with you;" I went in to bed, and in a few minutes I went to sleep; some person came in; I screamed out, and ran down-stairs.
Wilson's Defence. I met him at half-past ten o'clock at night; he gave me his trowsers, and went to bed.
Langley's Defence. I heard the scream, and went into the room; they afterwards gave me in charge.
WALKER†— GUILTY . Aged 25:
ELLIOTT†— GUILTY . Aged 24:
WILSON†— GUILTY . Aged 18:
WILCOX†— GUILTY . Aged 21:
CLEMENTS†— GUILTY . Aged 23:
LANGLEY†— GUILTY . Aged 18.—
Transported for Seven Years.
HENRY SOLOMON . On 14th Aug., I was in my brother's shop—the prisoner came in, and presented this seaman's note, and requested me to cash it—I remarked that it was badly written—he said the captain was a good scholar, but a bad writer, and he had known him some years—he selected some clothes—I said on account of imposition I should like to know where he lived—he said he lodged in Tooley-street—I asked where his clothes were—he said, on board a vessel in the London Dock—he asked me to let him have the clothes, and the balance in cash—I did not let him have it, I only let him have a shilling—I wanted to go on board the ship to make inquiries—he said his brother was a housekeeper, and rather than go on board the ship with me, he would call on his brother—I agreed to take his brother's security instead of going on board the ship—the prisoner said he would call on his brother to ascertain if he was at home, and would return in half-an-hour—I waited considerably above the half hour, and then I went on board the vessel that the prisoner told me of; I saw the captain, and showed him the note—about ten o'clock that night the prisoner came again and said his brother was out, and he wished me to give him the note back—I sent for the police.
DANIEL BUTTON (policeman, H 215). The prisoner was given into my charge—I took him on board the Flying Fish the next day—I saw the captain, and showed him this note in the prisoner's presence—he said he knew nothing about it, and it was not his writing—the prisoner said, "I hope you will forgive me this time, I will not do the like again."
WILLIAM SMITH HORRY . I am clerk to Messrs. Pickerdales, in Fenchurch-street. They are brokers of the ship Flying Fish—the master is William Pearce Rose—I know his writing—this note(read)is decidedly not his writing—the ship is gone to sea.
Prisoner's Defence. A man gave it me to get the things; as soon as I knew it was forged I tried to get it back.
GUILTY . Aged 30.— Confined Twelve Months.
GUILTY . Aged 33.—Recommended to mercy.— Confined Twelve Months
1511. SARAH ELLIOTT and JANE M'CARTHY , stealing 2 10l. bank-notes, the moneys of Thomas Hunter, in the dwelling-house of Samuel Bracher: to whichELLIOTT pleaded GUILTY . Aged 22.—She received a good character, and was recommended to mercy by the Prosecutor.—
Confined Six Months
GEORGE CRACKNELL (policeman, B 67). I took Elliott, and in consequence of what she said I went with her to M'Carthy—I found in her room a new cap, and some other things—she said they were her's, but were what Elliott had bought—I asked if she had any money—she said, "No"—I asked if she had a pocket—she said, "No"—a young woman who was in bed told me to look under the bed—I did, and I found a pocket with 3l. 10s. in gold, and some silver in it—she said it was her own—I took her to the station—Elliott admitted she had given her aunt, (M'Carthy,) 30s.
M'Carthy's Defence. I had nothing to do with this money; I had been saving money to go to my son in America; I asked my niece to give me something, she gave me 30s.; I knew nothing about its being stolen.
M'CARTHY— NOT GUILTY .
GUILTY . Aged 26.— Confined Twelve Months.
NOT GUILTY .
GUILTY . Aged 45.— Confined Twelve Months.
GUILTY . Aged 48.— Confined Twelve Months.
JOSHUA SAYER DIXON . On 9th July, I was lodging with my wife at 7, Arbour-square, Stepney. The prisoner lodged there—on that morning I came down-stairs at a quarter to ten o'clock—I left my watch and the other things mentioned on my dressing-table—I went up again at a quarter part ten—my watch was then gone, and I found the whole of my drawers open except the lower one.
Cross-examined by MR. O'BRIEN. Q. You left your bed-room door open? A. Yes; my room was on the third-floor—it is the house of Mrs. Douthwaite.
MELINA ELIZABETH DIXON . I am the wife of Joshua Sayer Dixon. I came down about ten o'clock that morning, after my husband—I left the door partly open, and left my watch and chain on the table—I afterwards heard a man's step go out of the house—there was not another man in the house but the prisoner and my husband—no other person went out—the door was not opened during the time—we were breakfasting on the ground-floor near to the door.
and is in the parish of Stepney. On 9th July, Captain Dixon and his wife lodged with me—two young ladies lodged on the second-floor, and the prisoner—between nine and ten o'clock that morning the prisoner was down-stairs cleaning his shoes and boots—he then went up-stairs, came down and said, "If any one calls for me, I am gone to the City-road"—that must have been about ten o'clock—he went out directly—I did not come out of my room, but he left, and I heard the door shut—no other man was in the house except Captain Dixon—I had not seen any man come into the house.
FRANCIS DEFRATES (policeman, K 61). On 9th July, I was called to No. 7, Arbour-square, about half-past ten o'clock at night—the prisoner was not there—I waited till he came home about a quarter before one in the morning—he went up-stairs—I went up about three minutes afterwards—I knocked at his door, and found him in his shirt, as if he had just turned out of bed—I said he was charged with stealing Captain Dixon's watch, and other things—he said, "I know nothing about it"—he went to a drawer in a chest of drawers in his room, and said, "Mine is gone too"—I said, "Your what"—he said, "My watch"—the drawer was not locked—I said I should have to convey him to the station—he said, "Shall I be locked up all night"—I said, "That I cannot say"—he said, "Take my clothes, and lock me in the room all night"—I said, "We don't do business in that way, you must go"—I told him I should want to look in his drawers; he opened them; I found nothing there but this letter—he was searched at the station, I found on him 1l. 8s. 6d., a knife, and a coat stud.
ANN DOUTHWAITE re-examined. The prisoner lodged with me about seven weeks—he paid his rent regularly, 4s. a-week—he lived with me once before, and his mother used to send the rent, but this time he paid it himself—his clothes were at my house—he was always respectable—his mother used to send 1l. a-week to him, and one week she sent 2l.
NOT GUILTY .
(The warrants not being produced, MR. BALLANTINE withdrew from the prosecution.)
NOT GUILTY .
THIRD COURT.—Saturday, August 24th, 1850.
Before Russell Gurney, Esq., and the Third Jury.
MR. RYLAND conducted the Prosecution.
DAVID MATTHEWS . I keep the Boston Arms, Boston-street. Lague was my potman—on Monday, 8th July, the prisoner, who I know by sight, came to my house between ten and eleven o'clock in the evening—he had been drinking—he went into the tap-room and sat down—he had nothing to drink at my house—about five or ten minutes before twelve, I went into the tap, found him there, and shook him—a man assisted me in getting him out, and I inquired of several people where he lived—they said, "Close by," but that my man knew best—Lague, who was out, came in just then, and I requested him to assist the prisoner home—he got him by the arm and said, "Come along Charles," or "Charley"—I believe they had been schoolfellows together—
Lague laid hold of him in a friendly way—they got outside, and the prisoner got hold of him in some way, knocked him down, and struck his head on the pavement—Lague's cap fell off in falling—I assisted him up, he was bleeding very much, and he was taken by Angel in a cab to the Dispensary—I do not know whether Lague was intoxicated or not, he had been out an hour and a half, and I had hardly spoken to him—he walked quite straight, I did not see anything to make me think he was drunk—the prisoner was taken into custody immediately—Lague was placed under the care of Mr. Buxton.
Cross-examined by MR. COOPER. Q. Had you ever seen them together before? A. Not till the Saturday before.
THOMAS ANGEL . I drive my own cab—about twelve o'clock on the night of 8th July, I was on my cab coming down Boston-street, and just as I approached this public-house I saw Lague come out, leading the prisoner; they were no sooner out than they fell down together—I was not close enough to discern how they fell—Lague was undermost, and the prisoner on the top of him—I jumped off my cab instantly, and tried to get hold of Lague, and before I could do so the prisoner struck his head on the stones—I and another man caught hold of the prisoner and dragged him off—a constable arrived; we put something at the back of Lague's head to keep the blood from flowing, took him to the Dispensary in my cab, and I waited outside till he came out again—he was put into my cab again, and I took him home to his mother, whom he lived with—it was then half-past one—the prisoner was drunk, and Lague was senseless from the wound, I cannot say whether he was the worse for liquor.
Cross-examined. Q. Did you know either of them? A. I had seen the prisoner before, when he was at home from sea.
THOMAS WILLIAM LAGUE . On Monday night, 8th July, my master desired me to assist the prisoner home—I put my hand under him in a friendly manner to assist him, and just outside I received a blow from him, and fell backwards—he partly got up, and stood over me, and beat my head on the kerb-stone—I remember two blows, but nothing more.
Cross-examined. Q. You and the prisoner have been playmates? A. Yes; we were always on the best of terms—I dare say he would have given me his last shilling if I had wanted it—he was quite drunk.
COURT. Q. Did he seem so drunk as not to know what he was about? A. Yes.
JOSEPH HOLMES BUXTON . I am a surgeon. I attended Lague—he had received a very severe contused wound at the side of his head, which was bleeding profusely—the skin was broken in several places—there was partial concussion of the brain—he was perfectly insensible, incoherent, and scarcely knew what he was talking about—I considered the wound dangerous, as I did not know what the result would be—the next day he was better—two days after I was obliged to bleed him—hæmorrhage of the brain came on, and afterwards erysipelas—at one time his life was despaired of for four days—he is still weak, and not able to follow his employment.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 22.— Confined Three Months.
1519. PETER VAN DER HOST , PETER CHRISTIAN STEFFAN , FRITZ TONNES , and CONRAD HOMANN , burglariously breaking and entering the dwelling-house of Henry William Werneck, and stealing 216ozs. weight of gold, value 864l.; and 1 carpet bag, 4s.; the property of Giacomo Suetta; and 1 wooden box, 1s.; and 27lbs. weight of gold, 728l.; the property of Nicolas Prosper Cailleaux; and PHILIP KESSLER , feloniously harbouring Steffan, knowing him to have committed the said felony.
(Steffan and Tonnes being Germans, had the evidence interpreted to them.)
MESSRS. COOPER and PARNELL conducted the Prosecution.
GIACOMO SUETTA (through an interpreter). On 22nd July, I was lodging at the house of Mr. Werneck, in Little Alie-street—I had come from California, and had a portmanteau or trunk, containing 216 or 217ozs. weight of gold in dust—it was locked, and I had the key in my pocket—the gold was in a carpet-bag of a red ground, checquered with flowers of a chocolate colour—some of the gold belonged to other parties, and was in a linen bag, round which there was a towel wrapped—it was all safe between four o'clock and half-past—Mr. Werneck was not in town, and that afternoon I went with Mrs. Werneck and Cailleaux to Vauxhall-gardens—we left between half-past four and five, leaving Van der Host, Steffan, and Tonnes, who were servants of the house, there, and also the servant girl—I occupied room No. 6, and Cailleaux No. 9—we returned from Vauxhall between half-past two and three in the morning—I went to my room, found the door locked, and could not open it because there was another key behind from the inside—I had taken the key with me to Vauxhall—the window was open; some bars had been removed from it, and some things had been removed from the table on to a small terrace or wall outside—my trunk was open and all the things scattered about—there was a pair of pinchers (produced) and a candlestick on the table, and a knife on the floor—my red bag and the gold dust were gone—the gold was worth 21,600 francs (800l.)—I had shown some pieces of gold to the people in the house—the prisoners had seen some of them, and knew I had come from California—this gold dust (produced by M'Intosh) is Californian gold-dust —Homann was lodging in the house, and I saw him a few minutes before we went to Vauxhall—his room was on the ground-floor.
Cross-examined by MR. PAYNE. Q. Did the 216ozs. weight belong to you only? A. Yes; I had no partner in that—there were also some specimens intrusted to me by some friends in California, to be remitted to their friends in Italy, but the bulk belonged to me.
NICHOLAS PROSPER CAILLEAUX . I came to London on 17th, with Mrs. Werneck, went to her house, and occupied room No. 9.—I had some gold in my trunk in that room, which I saw safe on 22nd July, between three and four o'clock—I locked the door, put the key in my pocket, and also the key of my trunk, and about an hour after went with Madame Werneck, Suetta, and Mr. and Mrs. Oberst, neighbours of Mr. Werneck's, to Vauxhall—we left Host, Steffan, Tonnes, and Kirby in the house—Mr. and Mrs. Homann were at the door when we left—I returned about daybreak, an hour after the rest—the door was then open, and the police in the house—I went to my room with the police, found my trunk broken open, and 27lbs. of gold gone, of 16ozs. to the lb.—the door was locked, and I opened it with my key—this gold produced is of the same description; it is Californian gold.
Cross-examined by MR. PARRY. Q. Did Mr. and Mrs. Homann lodge there? A. Yes; they were there when I came.
HANNAH KIRBY . I am servant to Mr. Werneck—room No. 9 is on the floor above No. 6—to get from 9 to 6 you must go along a passage, and go up-stairs—on the night my mistress went to Vauxhall, I went to my room about eleven o'clock—my room is on the first floor, and you have to go through the room occupied by Mr. and Mrs. Homann to get to it—after mistress went out I had seen Tonnes with Host in the long room, and they called Steffan in, and engaged in deep conversation—they were about the
house in the evening—while I was sitting in ray room, before I went to bed. Steffan came into my room—I did not hear him come, but he stood in the room—I asked him why he was coming into my room so late, and he said he was going to settle the water for Mrs. Homann, and he went out at the window—he was gone two or three minutes—he then came back, and went down-stairs—I then undressed and went to bed, and Steffan returned a second time with Homann—Steffan had the pincers produced in his hand—they did not speak to me, or I to them—they went through the window, they did not shut it—I fell asleep, and do not recollect whether they came back that way or not—my mistress called me about three o'clock, and the window was then open—neither Steffan or Vander Host were then in the house—when I went to bed, Homann and Tonnes were standing at the house door.
Cross-examined by MR. ROBINSON. Q. How long were you in bed before Steffan came in? A. I had not been to bed then—he came again in about five minutes—I was then in bed—it was moonlight—it is a small room.
Cross-examined by MR. PARRY. Q. Is what you call the long room where the lodgers have their meals? A. Yes; the house used to be a police barrack—Mr. Werneck lives at Liverpool—you have to pass through Homann's room to get into the yard—I think the Homann's had lodged there about a month.
Steffan. Q. Are you not aware that I had put the water-butt in order a few days before? A. Yes, you had settled the water before that—I did not rob my mistress of any sheets—a piece of an old sheet was found in my room, but my mistress thought nothing of it when she saw it—she brought it down stairs, and did not make any complaint about it.
ROBERT GIFFORD (policeman, H 89). On Tuesday morning, 23rd July, at a quarter past six o'clock, I went to Werneck's house, and made an examination of the premises—No. 9 is on the second landing—the stair-case commences from the passage at the street-door—if you wanted to go to Kirby's rooms, on entering the house you must proceed through the passage, but instead of turning up the stairs that go to Nos. 6 and 9, you must bear to the left through the long room, which used to be a police-court, and through Homann's room, which is the back parlour, up some small stairs in that room, and Kirby's room opens upon the top of those stairs—to go from the lower part of the house to Kirby's room you must pass through Homann's room— that is the way I went that morning—I got out of the window of that room, and by walking round the parapet I got to the window of No. 6, which is at the back part of the house—there were about five or six iron bars to the window, and I found two had been taken away, and one partially removed from the wood-work—just under the window there was a looking-glass, and other bed-chamber articles, just outside, as if they had been placed there in a hurry—the aperture was large enough for any one to get in at—I returned back through the servant's room, and went to the room on the inside—I examined the trunk where the gold had been—the clasp had been wrenched open, and these pincers, which are instruments just adapted for that, were lying on the table, about two feet off—a key was given me by Suetta, which did not fit No. 6, but it turned the first bolt of the lock of No. 9, so that it could readily be forced open by applying a knife, or anything as thin—I had to go up-stairs to No. 9; it is immediately over No. 6—a box was pointed out to me in No. 9, and this hasp (produced) had been broken off it.
Cross-examined by MR. ROBINSON. Q. How did you find the lock of No. 6? A. There were no marks on either of the locks or doors—my
impression is that the door of No. 6 had not been opened, but that they had got in through the window, and back again the same way—there would have been marks if any violence had been used on the door—if a person in No. 6 did not open the door to get on to the staircase they would have to come out of the window, round the parapet, through the servant's room, and up the staircase again to No. 9.
MR. PARNELL. Q. Would it be possible to lock the door of No. 9 again with that key? A. Yes.
JOSEPH LYONS . I am a porter, and live at 1, Hooper's-court, which is nearly half a mile from Mr. Werneck's. On the night of 22nd July I was disturbed between twelve and one o'clock, by somebody knocking at the door—I went down, and found, Host, Steffan, and Tonnes—I knew Tonnes, as a servant at Werneck's, and he said these two young men had landed from Germany, and I should oblige him if I could give them a lodging, as they were quite full at Little Alie-street—Steffan had a carpet bag, with a kind of reddish ground, I think it was red and white, with two handles—the next morning I heard an account of the robbery; and when I returned from my work in the evening, I went to the inspector to give information—I could not see him—I came back immediately, and told Host and Steffan I should not let them remain any longer—they asked me if there was any place I could send them to—I told them the only place I knew was 45, Burr-street—they went away—Steffan rolled a white towel round the carpet bag, put it under his arm, and took it away—he took the towel from the head of the bed—it did not belong to us.
Steffan. Q. Did you not say you would take us to your brother's, at Woolwich, in the evening, and your wife should come afterwards with the things? A. No; I did not drink with you—I did not give you a new hat, that you might not be known.
MARY LYONS . I am the last witness's wife. On Tuesday morning, 23rd July, about nine o'clock, when my husband was out, Tonnes came and asked if my two lodgers were up—(they were Host and Steffan)—I said, "No," and he went up to their room—he came down in a quarter of an hour, and told me, in case they wanted anything, I was to furnish it for them, and he was to pay for it—he came again about four o'clock, and asked me if the young men were still up-stairs—I said, "Yes," and he went up again—on his return, he asked me if they had had any dinner, and I said, "Yes."
JAMES M'INTOSH (policeman, H 9). On Tuesday, 23rd July, I went to 45, Burr-street, with another policeman, and a man named Homan, not the prisoner—I found Van der Host there, and said, "Is your name Pitt?"—he said, "It is"—he spoke English—I said, "You are suspected to be one of the men who stole the gold-dust"—he said, "I did not steal it"—I did not tell him he had better tell me all about it, or anything to that effect—I waited half an hour for Steffan—after I had been waiting some time, Host said, "I expected Christian here; I thought he would come; he had the whole of the gold; he offered me half of it this morning, but I would not take it; I want to clear myself, and, if you will go with me, I will show you the house where we lodged"—I still waited some time, and then said, "Well, come on"—the passage was very much contracted by two boxes which were there, one on the top of the other; two could not walk abreast, and, as we went out, I heard a waiter fall from off the boxes; it was dark, and I did not notice anything but the waiter—I was in advance of Van der Host, and the man Homann, in the rear of him—it appeared to fall by the prisoner's pushing against it, I did not see him do anything—I took him to Lyon's house, and
from there to the station—I then went back to 45, Burr-street; and where I had heard the waiter fall I found a blue bag, containing the gold-dust I have produced—I got it weighed at a grocer's shop—there is thirty-nine ounces avoirdupoise weight—that is all that has been found—I took Host to the police-court next day, and he said, "Fritz is the cause of it all, and it is through him I got into this scrape."
WILLIAM MILLER (police-inspector, H). On the night of 23rd July, about eleven o'clock, Van der Host was brought to the station—I told him that he was charged with being concerned in stealing a quantity of gold-dust from 19, Little Alie-street—he said, "I did not steal it; I will tell the whole truth"—(I am looking at a memorandum I made half an hour after he was locked up)—I cautioned him not to say anything, as it might be used against him—fearing he did not understand me, a German gentleman, who was at the station, repeated it to him in German, and he again said, "I will tell the truth"—he then said, "It was all concocted in Homann's room; Fritz asked me to go and do it, which I refused; shortly afterwards Mrs. Homann came in, and said, 'It is all right now;' afterwards, Christian came into the room with the gold, and put it all in a bag; Homann and Fritz asked me to carry it; I refused, and said I would have nothing at all to do with it; I afterwards did carry it, and went with Fritz and Christian to a house in Cooper's-court, where Fritz took us, and stopped there all night; the gold in the coat is not mine, it belongs to Christian, and the coat also"—a coat had been brought, and was lying across the bar in the station—I examined it, but found no gold in it.
Cross-examined by MR. ROBINSON. Q. Where did you write that? A. In the station—I had writing materials there at the time—I wrote it from recollection, within an hour—it was immediately after Van der Host was locked up.
CORNELIUS FOAY (police-sergeant, H 7). I was present when Van der Host made the statement to Miller—I went to Werneck's house, found Tonnes there, and said, "We have got Van der Host in custody, and you are suspected of being concerned in the robbery"—I asked him if he had been to Cooper's-court the night before—I mentioned Mr. Lyons' name, and that he was supposed to have gone with Steffan and Van der Host—he said he had not been there—I said, "You have been there twice to-day"—he said he had not been there at all, and that he last saw Steffan and Van der Host the night before—I took him to the station, and found Lyons there, who said, in his presence, "That is Fritz Tonnes; he brought these men to my house last night"—I did not hear Tonnes say anything—Werneck's house is in the parish of St. Mary, Whirechapel.
JOSEPH PRICE (police-sergeant, H 15). On 1st Aug. Steffan was brought to the Leman-street station—the interpreter was there, and I cautioned the prisoner through him, and wrote this statement at the time (produced).
WILLIAM OBERST . I was interpreter on that occasion, and was sworn—what the prisoner stated I interpreted truly and rightly to Price—this paper was read over to me after it was written, it was correct as to what he had said.
JOSEPH PRICE re-examined. This is the original paper—he said (reading,) "Fritz Tonnes fetched the gold-dust from No. 9 room, at 19, Little Alie-street, Whitechapel, to the kitchen in the same house, where I was sitting at work; Fritz asked me if I had not done work, 'For I should like you to come and take a pint of beer;' Fritz went out; I went out afterwards, to the Castle public-house, and took a pint of beer alone; I then returned; shortly afterwards, Fritz and Homann came in, and took me out to another public-house, I believe 'The Flying Horse;' then we all left, and came home together,
and Tonnes told me he had it from No. 9 room, and would now fetch it from No. 6; he went out of the kitchen, and afterwards came back, and said, 'If you mention a word, I will kill you;' I said I would have nothing to do with it, and I went into Homann's room; Homann said, 'Why won't you do it with us;' I said, 'I won't make myself miserable;' Homann shrugged his shoulders, and I went out from that room into the kitchen; Fritz followed me out of the long room, and said, 'I will kill you, if you say a word;' I then left him, and Fritz followed me to the kitchen: he said, 'I have taken all out of No. 6 room;' I said I should remain in the servant's room; I waited until the servant girl, and Fritz, and the Dutchman went out through the window; Homann was watching on the stairs; Fritz came back, and threw something over the wall; Fritz and the Dutchman packed it up altogether; I was obliged to go with them; I was rather drank at the time; Fritz took me to the woman who washes for me; Fritz ordered two half-gallons of beer; Fritz handed over the gold to Lyons; after that I saw no more of it; Fritz came the next morning, and said, 'You must stay here till I come again;' in the afternoon, Fritz came with one of the bills which offered a reward, and when it was dark, Fritz came again, and said, 'They will take you, and you must cut it;' Lyons came then, and offered me a bundle; I refused to take it, and the Dutchman took it; Lyons then bundled us out together; I went over London-bridge, wrote a letter, walked the streets all night, and then took the room where I was apprehended; the money is with Lyons or the Dutchman; I believe the carpet-bag and money is with Lyons; the money or the carpet-bag was taken to Lyons' house, and I never saw it afterwards; I had a few shillings in my pocket, and Lyons gave me 3s. 6d.; Fritz, Homann, and myself had something to drink at Homann's room before we left"—After that was written, when it was read over to him, he made an alteration, and said, "Instead of 'Lyons bundle us out together,' 'bundled me out."
Steffan. When it was read over to me, I stated that Homann did not go with us to the public-house; and I said so at Stepney police-court.
Cross-examined by MR. PARRY. Q. Are you a German? A. Yes; I have interpreted on several occasions before—I get my living by it.
THOMAS KELLY (police-sergeant, H 2). I took Homann on 1st Aug., in a street near the Poultry—I told him he was charged with being concerned, with Fritz, Tonnes, Van der Host, and Steffan, in breaking and entering the dwelling-house of Werneck, and stealing 3,000l. worth, of gold, in dust and lumps, of the two French gentlemen—he spoke English, and said, "Very well, I will go with you; I am not in fear"—on the way to the station, I asked him if he had been drinking with either of the prisoners on the night of the robbery—he said, "No"—I said he had better be cautious, as I had made inquiry—he said, "Oh yes, I had a pint of beer with Fritz Tonnes, at the public-house at the corner, about twelve o'clock; and after taking a pint of beer, went into the Mile-end-road, got a cigar, and returned to Werneck's house"—he said that when he returned Tonnes told him he and Christian Steffan should, or would, go into the servant's room; he went to his own room, and knew no more about it—on 2nd Aug., the day of the examination, I took Kessler into custody in the Court at Stepney, and told him he was charged with being an accessory after the robbery, at the house of Werneck; that is, with harbouring Steffan, well knowing he had committed the burglary—he said, "I did not know a robbery had been committed at Wer-
neck's"—I said, "You must have known it, as you were at the Castle, and had one of the bills"—the Castle is just opposite Mr. Werneck's—there were several hundred bills printed and circulated—he said, "I did not know Steffan committed the robbery; if I did, I would not have taken him into my lodging-house; I keep a German lodging-house, and have a great many German lodgers"—the bills were posted about—we had a bill-sticker purposely, and sent him to Cranbourne-street, knowing there were so many Germans there—I saw hundreds of them about the streets myself—I saw several at the Castle on 2nd Aug. and before, on the day after the robbery—I saw them in the neighbourhood of Cranbourne-street—I believe Kessler lives in Cranbourne-street.
Cross-examined by MR. PARRY. Q. Homann does not speak very perfect English? A. No; he speaks very well, but he might make a mistake; in "should," and "would"—I have known him three or four years—I never knew anything against his character up to the time of the robbery, but I have heard something since—I always believed him to be an honest man.
MARY ANN SOPHIA YOUNG . My husband keeps the Castle, and I assist him—Kessler occasionally uses our house—there have been bills exhibited at my house—there was one in the window, and they were about the neighbourhood—I believe there was one in the window on the evening Kessler called—a person in the bar would be able to see that bill, but not to read it.
HENRIETTA WERNECK . I am the wife of William Henry Werneck, who keeps this lodging-house, in Little Alie-street. On 24th July, the Wednesday after the robbery, I went to the Castle, and saw Kessler there, in the parlour—the door was open, so that he could see anybody come in—there was a bill on the table—when he saw me, he called me in, and said, "Oh I have heard what an unfortunate thing has happened in your house"—I said it was a very great misfortune, I did not know what I should do when my husband came, who I expected that day (he was in Liverpool)—he said, "You don't know but what it may be for your good"—I said I had got Fritz, Pitt, and Homann; Homann they had remanded another week, and Steffan was away with the gold: what was the particular robber of them all—on my telling him Steffan was the robber of them all, he looked as if he could not count three— I had come from Liverpool two or three weeks before the robbery, and I have seen him in my house since then.
Cross-examined by MR. BALLANTINE. Q. What countrywoman are you? A.A German, and my husband too—we have kept this lodging-house for German gentlemen five years—my husband used to go to the docks when vessels came in, and show the gentlemen the way to the lodgings, but he is now in Liverpool—I believe Kessler keeps a coffee-shop—I believe he has lodgers, but I cannot say, as I have never been in his house—I cannot say whether he is occasionally in the docks—his house is at the west-end of the town, in Cranbourne-street—we telegraphed to my husband in Liverpool, he had the bills printed there, he came up, stayed a week, and went back again—he manages the Union Hotel, at Liverpool—I was at Vauxhall on the evening of the robbery, with the people whose gold was lost, and two other gentlemen, and four ladies—I cannot say what time we started—we got home between two and three o'clock in the morning—I heard of the robbery as soon as Suetta went into his room—Steffan was a servant at our house, and had nothing besides his wages except what gentlemen gave him, and Tonnes is a commissioner.
Steffan. Q. Did you not tell me that there were two gentlemen of whom
you could get something? A. I said I had brought two gentlemen who wanted an interpreter to show them the town, and there was money to be earned by interpreting.
COURT. Q. Is this bill (produced) one of the bills you saw at the "Castle?" A. Yes; they were not all the same, some offered 200l. and some 100l reward.
MARY ANN LINES . I live at 15, Great Newport-street, and let lodgings. Kessler lives four doors off—on Wednesday, 24th July, about eleven o'clock in the morning, he came and said he wanted a lodging for a gentleman, probably for two months—he promised to pay me in advance, which he did in the evening, and brought Steffan with him about six—he remained eight days—I furnished him with breakfast and tea, but not dinner—Kessler visited him, but I did not see him every day; sometimes two days elapsed without his coming—the only time Steffan went out while there, that I know of, was on the day following the one he came, when he went out about half-past nine at night—Mr. Kessler paid for the second week on the day Steffan was apprehended.
Cross-examined by MR. BALLANTINE. Q. After the apprehension or before? A. In the morning as Steffan was apprehended in the evening—I looked to Kessler for payment—he once introduced a person to me before, that was a female named Clements; she paid for herself, I am quite certain—Steffan may have gone out oftener than once—there is a private door, and he might go out without my knowing it—I received payment of the rent from Kessler twice, and I saw him there once or twice beside; I cannot be positive about it—Kessler's is a French Hotel—he did not give any directions about concealment—it was a small room on the third-floor, at the back of the house—when Steffan came, he walked, he had no luggage.
Court to Mrs. WERNECK. Q. What time were you at the "Castle?" A. Between four and five o'clock on the Wednesday.
LOUSIA LINES . I am the daughter of Mrs. Lines. I let Steffan in when he came with Kessler, he remained eight days—Kessler used to come; I have seen him there twice in one day—I do not know whether he came every day, he came frequently; sometimes he rang the bell, and sometimes opened the door—the door was kept shut—I did not see a key in his hand—it is usual in our house for each lodger to have a key—I do not know of any other way of Kessler having a key except from Steffan—the only time Steffan went out was the next evening to the one he came, at a little after nine.
THOMAS HARDWICK (policeman, D 7). I apprehended Steffan—I asked him if he could speak English—he said "A little"—I told him the charge against him was stealing gold-dust at the other end of the town—he said he did not have the gold-dust; it was Homann had it—I took him to the station, went to Kessler's and found him there—I asked him if he knew anything about Steffan; he said no, he did not—I asked him if he knew anything about the gold-dust robbery that had taken place at the east-end of the town—he said no—I said, "You must know something about Steffan; you recommended him to a lodging, and I am a sergeant of police, and have now got him in custody for the robbery"—he said he recollected recommending a person to a lodging, as he did at other times when he was full—I took no further trouble about it—I thought it very feasable, as they do that at that end at the town—I called the following morning and requested him to attend at the police-court, as I thought he would be wanted.
Cross-examined by MR. BALLANTINE. Q. Did he attend? A. Yes; I was examined on the first occasion—Kessler was not then in custody.
St. Katherine Wharf—I know Steffan and Kessler; they are acquaintances—I have seen them a great many times in company with each other on the wharf—Steffan was there to take people to Mrs. Werneck's, and Kessler for himself.
Cross-examined by MR. BALLANTINE. Q. Do you mean you saw them at the same place, or associating together? A. At the same place, and I have seen them talking together.
COURT to MRS. WERNECK. Q. Do you know how long Van der Host has been in this country? A. No; he was steward on board a steam-ship which plied to and from Holland—he was there many years—I do not know when he left—he was on board when I came up from Liverpool.
Steffan's Defence. I can say nothing more than the paper that has been taken from me.
Tonnes in his defence stated that Van der Host threw the blame on him, as he (Host) had been in prison six months for swindling, and he was afraid it would go hard with him; that he (Tonnes) knew nothing of the whole concern.
(Kessler received a good character.)
VAN DER HOST— GUILTY . Aged 23.
STEFFAN— GUILTY . Aged 31.
TONNES— GUILTY . Aged 28.
Confined Eighteen Months .
HOMANN and KESSLER, NOT GUILTY .
LETTIS— GUILTY . Aged 33.
EDWARDS— GUILTY . Aged 19.
Judgment Reserved .
SHERMAN— GUILTY . Aged 66.— Confined Twelve Months .
DICKENS— GUILTY . Aged 15.— Confined Three Months .
Before Mr. Baron Platt.
SAMUEL GENTRY . I live in Chapel-row. On Tuesday evening, 6th Aug., about eight o'clock, I came home and found the door ajar—my wife came home about nine—we did not miss anything then, we did not look; we went to bed about ten, and next morning we missed six yards of brown Holland, a gown-piece, and a gown—I went to Mr. Brassey's, the pawnbroker's, at Stratford, and there found the things—these (produced) are them.
HANNAH GENTRY . I am the prosecutor's wife. I came home on Tuesday evening at nine o'clock, and found him at home—he had gone out first that morning, about half-past four—I was out just before six, and left the place all locked up safe—I locked the door, pushed the window up, put the key just inside, and shut the shutters—no one could see the key from the outside, but the shutters do not close to, any one outside could open them, and then they could see the key; they must raise the window to get at it—I did not miss anything that night when I came home, but next morning I
found the things were gone from a box—I had seen them safe the morning before; these are them, there is no mark on them, but I know them, by the pattern and make.
Prisoner's Defence. I did not steal them, I had them given to me to take to pawn; the person who brought them to me told me they were her's.
GUILTY. Aged 20.—Recommended to mercy.— Confined Six Months .
Before Russell Gurney, Esq.
GUILTY . Aged 17.— Confined Two Months .
Before Mr. Common Serjeant.
GUILTY . Aged 37.— Confined Six Months .
BENJAMIN BILLINGS . I am in the service of Thomas Webb, of West Ham. On 6th July, between twelve and one o'clock in the day, I was coming out of his yard—I saw Thompson open Mr. Stevens's gate, which is opposite Mr. Webb's, and the prisoner came out with a truss of hay on his back—I noticed the hay and followed him, and saw him take it to his father's—I went to his father's yard with a constable about an hour after, and found two trasses of hay—I believe the top truss of the two was the one the prisoner was carrying; I believe it to be Mr. Thomas Webb's—the way it came to be in Mr. Stevens's yard was, because Mr. Stevens lent Mr. Webb his chaff-cutting machine, ours being broken—the hay went to Mr. Stevens's yard to be cut: I saw some there.
Cross-examined by MR. PARNELL. Q. What are you? A. I work in the brewery—I have not much to do with hay—I was about two rods from the prisoner when he was carrying it—Mr. Stevens and Mr. Thompson are not here—the prisoner has been out on bail—the person who was supposed to do the chaff-cutting was Fairchild, he is not here.
JOSEPH BENTON (policeman). In consequence of what Billings said to me, I went to the house of Robert Utton, the prisoner's father—I went to a shed and found two trusses of clover hay, covered over with some loose meadow hay—I took the prisoner—I told him it was on suspicion of stealing two trusses of clover hay belonging to Mr. Webb—he said he bought it at Stratford for 2s.—I asked him whereabouts—he then said in London—I asked if he could tell me where the shop was—he said he could not—he begged me not to take him in charge, and to say what I could for him, and he would give me anything
Cross-examined. Q. How many hay cases have you had this year? A. None; I was here in a case, it was for stealing plate, last session—no one was present when the prisoner said he would give me anything—he told me he got one of the trusses from Fairchild, that his father sent him to Mr. Stevens's to get it from Fairchild—I took Fairchild in charge, but he was
discharged—I took Thompson and Robert Utton—the prisoner is the last of those I took—he was let out on bail—I was twice before the Magistrate.
WILLIAM COOK TAYLOR . I am in the employ of Mr. Webb. I went to Robert Utton's and found two trusses of clover hay—to the best of my belief it was clover hay that I saw go from our yard to Mr. Stevens's—I saw several trusses go over there.
Cross-examined. Q. What are you? A. Assistant to Mr. Webb—we have hay brought up, two loads at a time, from Essex—this is Essex clover hay—Mr. Stevens had not any hay on his premises.
NOT GUILTY .
GUILTY . Aged 42.—He received a good character.— Confined Six Months .
JOHN GOODALL (policeman, N 293). On 19th August I saw the prisoner in front of the door of the "Fountain" Inn, Chingford—there were four or five people there, and one said, "Whose hat is that you have?"—he said, "Don't halloo," and immediately went about sixty yards on the road, crossed over, and laid down under a tree—I went up to him and asked him whose hat it was—he pretended to be asleep—I asked him again, and he said, "It is mine, what have you to do with it?" I brought him back, and found a hat had been lost—this is it (produced).
ROBERT COOPER . On 19th August I was at the "Fountain"—I had some refreshment—I was very tired and fell asleep about half-past ten o'clock, with my hat on; I awoke in a quarter of an hour or twenty minutes, and it was gone—this (produced) is it.
Prisoner's Defence. I purchased the hat of a man at the house; who said he was distressed.
GUILTY .— Confined One Month .
Before Mr. Common Serjeant.
MR. PARRY conducted the Prosecution.
WILLIAM COOK . I reside at Clayhill-farm, Plum-lane, Shooter's Hill. I commenced living there about Christmas, 1848—I was put in by Mrs. Lidgbird, to do the best I could with the farm, and afterwards I was to have a lease of it for twenty-one years, if it answered—it was in as bad a state as it could be; everything was all to pieces—the landlady had the house repaired, and I had the painting and papering inside to do, stoves, and everything put into the house, built a stable and pigery—the farm was of about forty-six acres, and the cultivation had been very much neglected—there had been a person of the name of Wynn in it—I expended on the repairs of the house and on the land about 300l.—I saw Mr. Dallen, the clergyman of Shooter's Hill, Mrs. Lidgbird's son-in-law, about the farm—in Oct., 1849, Mr. Dallen came to me, and said Mrs. Lidgbird was in want of a little money, and would be glad if I could let her have a little—I sent her 20l.—nothing had been said about the rent for the farm until such time as I had the lease—there was something mentioned, but there was no kind of writing whatsumever—on
5th June last I was in the occupation of the farm—I had gone on cultivating and attending to it properly up to that time—there were several horses, and a cow or two, on the farm, two pigs, and one cart—I had furniture in the house, and my wife and six children resided with me—I had no servant—about March or April a distress had been put in for rent—they took the ploughs, harrows, breaks, and everything they could—if they had been fairly told, they would have been worth nearly 50l.; but the ploughs, which cost me 5l., were sold for about 3s. 6d., and the harrows at 1s. a piece—a man named Cahan seized them—I have received no account of that sale—on 5th June, about twelve o'clock in the day, the defendant, Graham, came to the door, and demanded 60l. odd, as rent, for Mrs. Lidgbird—I told him I did not see what business I had to pay any rent—he then went behind the house, and gave a whistle, and the four other defendants came running in directly, like to many wild beasts—Binks is a broker—I then went to the sty, and turned two pigs out into the yard—Hitchcock said, "Lock the b—up," and he went to take the pigs out of the yard—I went to shy a brick to drive the pigs back, to stop them, and it hit Hitchcock on the leg—I had told them the first thing to quit the premises, and I told them so several times, and asked what authority they had—they made no answer, but "Look him up"—Graham pulled a paper out of his pocket, something about this money—he said he wanted the rent for Mrs. Lidgbird—it was a bit of brick I threw which hit Hitchcock, not a brick—he then pulled off his coat, and challenged me to fight—Mrs. Cook was present in the yard at the time—I believe the children were in-doors, but do not know—Mrs. Cook came out of the house at the same time the men came rushing in—Hitchcock laid hold of a stick which laid in the yard, and ran after me with it; and I ran and picked up another at the back of the house, and defended myself with it—Harris also had a stick, and they all came on me together, saying, "Kill the b—"—I drove them all back, out into the yard, and from the yard into the lane—Harris there pinned me by the arms, and Hitchcock struck me on the head with the stick, and gave me a wound two inches long—I went to Mr. Turner's, a surgeon, afterwards—they then went into the village, and fetched two policemen to lock me up—the blood flowed from my head like a fountain—my wife washed my head, and had some difficulty in stopping the blood—the wound was very painful; I suffered from it for about three weeks, it is healed now—the prisoners did not go away, they remained about the premises, smoking and drinking a good deal, in the stables and in the garden—they were there seven days, night and day, all the five of them—now and then a refreshing came, and the others went away, but they came back again—on the night of the 8th, Hitchcock and Harris attempted to break into the house, at a quarter-past one—I was outside, watching—they lifted up the window, and tried to force open the shutters—the other men were walking round the front of the house at the time—at the end of the seven days, they took away seven horses, and pigs, and a cart, and a quantity of harness—the horses were grass horses that I had, and belonged to other persons—two belonged to a dealer, that I do not believe had been on the farm, but they drove them on—I cannot say exactly what they did take, but I should say it was to the value of nearly 100l.—I received an account of the sale some few days afterwards—this is it (produced)—it is signed "William Graham," and states they were sold for 29l. 18s. 6d.
Cross-examined by MR. BALLANTINE. Q. Were you present at the sale? A. I was not—this is the paper I had sent me—there was another paper; I do not know whether Mr. Owens has got it—I am a farmer—I have occupied
several pieces of land from different landlords—the last might have been about three years ago, under Mr. Russell—I occupied that for three years, at 45l. rent—I never had a distress put in there—I gave it up, and had no land for about two years when I went into this—I knew it was Mrs. Lidgbird's farm, and applied to her to take it—she is an old lady—the Rev. Mr. Dallen lives with her—I was put into the farm to do the best I could—they talked of rent when I took up the lease, but I never did—there was a bother about getting a man named Wynne out before I took it—I think when I took up the lease the rent was to be about 91l., or 92l.—it might have been 92l. 10s.; I cannot say—if the farm turned out to our satisfaction I was to have a lease for twenty-one years—I had to lay out a good deal on it—I sold two houses for 300l. on Mr. Davis's estate—I had to pay a mortgage on them, but I got 300l.—the mortgage might be about 100l., but I had got money to pay it—I went in between Christmas and March, about the middle of the quarter—I was to pay no rent till they granted me the lease—no time was fixed for granting it—I was to get the land into working order—I did not expect I was to pay a farthing—they were afraid to make any agreement because another man holds the lease, and how could they grant me one; I did not know that at the time—the first distress was about twelve months after I went in—up to that time I had paid nothing; not of rent kind—Mrs. Lidgbird sent down to me, saying she wanted some money, and I sent her up 20l., and this is the receipt she sent me back (produced)—I sent it out of kindness—I do not know whether it was lent, paid, or given—I thought, perhaps, she might have been short of money—I believe she is a lady of fortune—I thought we might arrange it somehow between us—it was neither given or paid—I thought we might come to some terms on different things—she put in the distress in March, for rent from March 1849, to March 1850—I did not replevy—I ordered the broker off the premises, and put him off—I shoved him off—he did not get his head broken—I did not strike him—he rolled over a small lump of dirt by the gate, and caught his heels as I pushed him back, and fell on his back—he was not one of the parties who distrained the second time—perhaps he had had enough of it—the greatest part of the land is grass land, and about fifteen acres of ploughing land—I have had no crops off it—how could I, when they took my ploughs and harrows away—I have had a little hay off the grass land—the two pigs were worth about 3l.—I did not let them out of the sty to prevent them being distrained, but because it is a thing we very often do in the yard—I should have let them out if Graham had not come—I threw the brick to stop them, to turn them back—Hitchcock could run as fast after he was hit as he did before—I might have pitched two pieces of brick; I do not know—the second did not touch the man or go near him—I did not have a bill-hook in my hand—there was one on the chopping-block at the back of the house—I will swear Hitchcock did not wrest it from my hands—I never had it in my hand—Hitchcock took it off the block at the time he took the stick—I hit Hitchcock and Harris with the stick, but the one they hit me with was as big again—I hit Harris on the hand, I think, and Hitchcock on the thumb or finger—I went to the doctor the same day—I was afterwards summoned before the Magistrate, at Woolwich, by Hitchcock and Harris, and charged with an assault on Hitchcock with the bill-hook, and a further assault on Harris—the prisoners all gave evidence against me, and was bound over to answer the charge at the session—I immediately went before the Grand jury here, and preferred this charge against all five—I had previously taken out summonses against them, but there was no inquiry on my charge before the Magistrate.
MR. PARRY. Q. Did you go to the Magistrate for the purpose of preferring a charge against them? A. Yes, I believe I did—I think the Magistrate mentioned something about my going before the Grand jury, but I do not recollect much about it—I acted under the advice of Mr. Owens, my attorney—I hit Hitchcock and Harris when I was defending myself, after they had come at me with sticks—I let the pigs out about two or three minutes after Graham came—I do not know what replevying a distress means—I received no notice of the distress in March—Mr. Dallen sent me a letter a day or two before, to say I was to pay the rent—I have expended about 300l. on this farm—Mrs. Lidgbird told me she laid out about 100l. in repairs—the 90l. rent was mentioned the first time I went to Mrs. Lidgbird's—I was to have a lease as soon as the farm was in cultivating order—I have never been offered a lease—I first heard of another man having a lease about last Christmas.
MARY ANN COOK . I am the wife of William Cook. On 5th June, as my husband and I were sitting at dinner, I heard a rap at the door—it was Mr. Graham—he wished to go in-doors, and I wished to know why—my husband went to the door, and he said he was to distrain by Mrs. Lidgbird's orders—they stood talking outside, and I closed the door—I afterwards heard Graham whistle, and five or six men came into the yard to him—they came with very abusive language, not fit for me to repeat—Hitchcock threw down his coat and hat and challenged Mr. Cook to fight—Mr. Cook wished to know what they wanted—they said they had come for 62l., I think—he wished to know what it was for, and they began with their abusive language, and would not tell him, no more than it was to distrain by Mrs. Lidgbird's orders—all this was before the pigs were driven out—after the pigs were driven out Hitchcock picked up a stick and followed Mr. Cook—he picked up another, and Harris held him by the shoulders while Hitchcock struck him a blow with his stick and made a wound—I was close to them—I saw the brick thrown—Mr. Cook threw one to defend himself from Hitchcock's stick—the pigs were then driven down the lane by Melton—Hitchcock was making his way towards Mr. Cook with the stick when the brick was thrown—he threw it to defend himself from him—Harris also had a stick; none of the others—Harris had no stick at the time Mr. Cook threw the brick, he took it afterwards—the blow Hitchcock struck Mr. Cook was a very severe one—I bathed his head with two pails of water and a soft towel; it bled very much—he said, "Fetch me some water to bathe my head, I am a dead man"—none of the children were at home—the prisoners remained seven days on the premises, all five of them, and sometimes more, and they were drunk the best part of the time—they made a great noise—the place was never quiet night or day—they were walking about the premises all night, trying to get in—I was very much alarmed—I never went to bed one night while they were there—they had lights in the stable and straw to lie on.
Cross-examined. Q. Where did the brick come from that your husband threw? A. He picked it up close to him—he threw two; one hit Hitchcock on the leg, the other did not hit him—he threw it with the intention of hitting him, but it escaped him—Hitchcock was as near to him at the time as he could be to strike him, brandishing his stick towards him—the pigs were down the lane at that time, not in sight.
SARAH BISHOP . On 5th June I lived in a cottage adjoining Mr. Cook's—Mr. Graham came and asked me where Mr. Cook lived; I told him, and he went away—I afterwards saw him outside Mr. Cook's door,' quarrelling with Mr. Cook—I afterwards saw Mr. Cook held by Harris, while Hitchcock, with
a thick stick, struck him on the bead with all his force; that was at the end of our garden—before that I heard Hitchcock say, "Come out like a man, and I will fight you"—Harris had a stick—I heard Mr. Cook say he was a dead man when he was struck; he had a stick—I did not see any bill-book in his hand—the men remained on the premises for some days; I only saw them in the daytime.
Cross-examined. Q. You live with your father and mother? A. Yes; they are tenants of Mr. Cook—we pay him rent regularly every week—I used not to go there very often—I have been since—I saw some one drive the pigs about, but they were very much muddled, and I did not notice who it was—I saw no bricks thrown nor any bill-hook used—I heard Hitchcock say afterwards that Mr. Cook had a bill-hook in his hand, but I did not see it—I never saw one on the premises—Mrs. Cook was close to her husband when he was struck—she did not strike anybody—she was quite quiet—she helped him away—I was at our window, thirteen or fourteen yards off.
JOHN GROWTHER . I live in Plum-lane. On 5th August, as I sat at dinner, I heard a cry of murder in the lane three or four times—I went out and saw Hitchcock and Harris dragging Mr. Cook down the lane, one having hold of each arm—his head was bleeding very much—one of them, I do not know which, said it would be a good job if they killed him—I did not see him struck.
Cross-examined. Q. Do you occupy a cottage under Mr. Cook? A. I did; I do not now—they were dragging him down the lane, and he was pulling back.
JAMES SAMUEL TURNER . I am a surgeon, in Plumstead-road. On the afternoon of 5th June, Cook came to me between four and five o'clock—he had a severe jagged cut on his head, on the right parietal bone—I dressed it, and saw him twice afterwards—he has entirely recovered from it now—he might feel the effects of it perhaps two or three weeks.
JURY to WILLIAM COOK. Q. Before this riotous attempt, was there any rent demanded by the landlady in the usual way? A. Not at all; there was no understanding that I was to pay what rent I could afford—I was only to pay rent when they granted me the lease; no other time was mentioned—the cottages occupied by Bishop and Crowther are part of the farm that I hold of Mrs. Lidgbird.
NOT GUILTY .
Before Mr. Common-Serjeant and the Third Jury.
MESSRS. HUDDLESTON and COCKLE conducted the Prosecution.
REV. THOMAS JAMES DALLEN . I am a clergyman, and live at Shooters-hill—I reside with Mrs. Lidgbird, who is my mother-in-law—the defendant occupies Clayhill farm under her, for which be agreed to give 92l. 10s. per annum, clear of all rates and taxes—I cannot state the precise day on which that agreement was made, but it was early in Feb., 1849; it might have been the last day in Jan.—the rent was to commence at the following Lady-day—he was to have the intermediate time to prepare the land—I received a message from Mrs. Lidgbird to take to Mr. Pearce the attorney.
Cross-examined by MR. PARRY. Q. How long had the farm been unoccupied? A. The former tenant left it the Oct. previous—he went to Australia, leaving two years rent due—he held a lease under Mrs. Lidgbird, which lease has been set aside by a judgment of the Court of Queen's Bench—on 27 th Jan. we obtained possession by the Sheriff—part of the farm was badly cultivated, and part was pretty well—it was through me, in Mrs.
Lidgbird's presence, that the agreement with Cook was made—he offered to do the internal repair if Mrs. Lidgbird would do the external—he was to have a lease for seven, fourteen, or twenty-one years—there was no day specified for his having it—the arrangement was not that he should get the ground into good cultivation, lay out money for that purpose, and then that an amount of rent should be reserved, to be specified in the lease—he has never demanded any lease; I have never offered him one—Mrs. Lidgbird first demanded rent in Oct. 1849—I think I went to him one day for her, and one day with her—I heard Mrs. Lidgbird demand rent, and Cook admitted it to be due—I cannot say the precise terms in which I asked Cook for the rent in Oct.—I may have said Mrs. Lidgbird wanted money—this paper (produced) is my writing—this is "Paid 20l. for the use of Mrs. Lidgbird"—I do not know why I did not put "on account of rent"—it was a mere memorandum—the rest of the rent was to come up shortly, and then he would have had a proper receipt for the whole—I think I gave Cook the particulars of the agreement on a bit of paper—I have here a pencil memorandum which I made at the time (producing it), "Rent to be paid, 92l. 10s., and lease seven, fourteen, or twenty-one years"—the farm was in a bad state of repair—Cook built a stable and some piggeries—I was before the Magistrate, and heard him recommend the parties to go before the Grand Jury and prefer their charge.
MR. HUDDLESTON. Q. Who found the materials for building the stable? A. Mrs. Lidgbird—there were a great many bricks, tiles, and some timber in the place belonging to a cottage which was pulled down, and they were given him to use—Cook did not tell me himself, when he paid the 20l., that the rest of the rent would come shortly—that message was brought to me by Ruth Coleman, his servant.
ROBERT HITCHCOCK . I live at 7, Union-buildings, Woolwich. On 5th June I went with Mr. Graham to the front of Cook's house—he was chopping some wood at the time—we left Binkes on the common; he was coming shortly after—Graham told Cook that he came to levy a distress for 60l. odd, if he could not pay the money—he said, "You have not shown me the account of the goods you took before"—Graham said, "I have nothing at all to do with that," and he showed him his warrant—we came down the yard talking together, and Cook opened the pigsty, and let two pigs out belonging to Mr. Jacobs—the pigs ran about the yard; I went to stop them, Graham told me to do so—Cook up with two bricks and sent one at me—that missed me, and the second one hit me in the thigh, and knocked me down—he said he would clear the b—y yard—I got up and followed him round the back way—he said "I will cut all your b—y heads off," and he ran to this chopper (produced) and took it up—I begged of him to be quiet—he was in the act of raising it up when I wrenched it out of his hand—he then followed me with a stick, and knocked me down with it in the yard—I said, "You are not half a man, you will murder me"—he cut at me again over the hands, and they were all bruised—it was a thick hedge-stick—they swelled very much, and one of them bled; I showed the Magistrate the state they were in—I took up a stick to defend myself—he kept swinging his stick about, so that I could not get near him—he was like a madman, running at all of us—he drove us all into the lane, and in the scuffle there my stick fell on his head.
Cross-examined. Q. Accidentally? A. Yes—I never hit him one blow—his head was cut, and bled a good deal—Harris had a stick; he did not say "it would have been well if we had killed him," or anything of the kind
—I swear that—I did not know anything about going there till half-past ten that morning—I knew nothing about any one else going besides me and Graham and Binks—Graham knocked at the side door—Cook came from the back of the house—I heard no whistle given for the other men to come up—they came very quietly—we made no disturbance—we did not say, "Come on, we will kill the b—r," or anything of that sort—I am a furniture and general dealer—I sell old clothes and brokery things—I occupy a house, and pay 7s. 6d. a week—I have lived there two years and a half—I have never been engaged in this kind of thing before—I received 3s. 6d. a day for this for seven days—I was on the premises all night—I never made any attempt to break into the house—I never lifted the window, or tried to open the shutters; it is not legal to do such a thing, I have been told so—I did not strike Cook on the head with all my force; if I had I should have killed him with the stick I had got—it was a very thick one; it was the first I could pull out of the hedge—I have never been charged with any assault before this, nor with anything—I have been in a station once for being drunk, two years ago, never for anything else—I was fined 15s. then—I saw Mrs. Cook—she came out and begged Mr. Cook to be quiet—she was excited at his flourishing the stick about—I had not drunk anything that morning—Mr. Graham fetched me that morning—he said he would give me a job—I had known him for about four years—I think I had a drop of gin that morning with Graham at Spence's, nothing else—that was about half-past ten—I was not at the Lord Bloomfield that morning—I did not challenge Cook, or pull off my coat—I said if Cook was a man he would put down the stick and fight like a man—I never fight—we had some porter when this was over—Harris had not hold of Cook when I struck him—directly I had struck him Harris went and laid hold of him.
WILLIAM GRAHAM . I am a broker, and live at 7, Grove-lane, Woolwich. On 5th June I went with Hitchcock and others to Mr. Cook's premises—I had a distress-warrant with me—this (produced) is it—I received it from Mr. Binks—he could not perform it himself, and he employed me as his agent—I produced the warrant to Cook, and made a demand on him for the rent, 65l. 18s. 6d., as stated in the warrant—he saw it, and I read it to him in the usual course—he said, "I am very sorry; you know me very well; you should have let me know, and I would have made it all right"—I said, "I have a duty to perform, Cook, which I am sorry so to do, but I will perform my duty as mildly as I possibly can"—this took place opposite the door of his dwelling-house—we then proceeded round to the back of the house—I told him he had better allow the duty to be done quietly—he said, "I don't blame you at all"—I then said, "My men are close handy, I will give notice to them"—Cook proceeded into the farm-yard; and on seeing the two men to place in execution, and Mr. Binks, and a person named Melton, who was taking a walk up that way, and came in likewise, Cook used a dreadful oath, stooped down, took up a brickbat, or a portion of a brickbat, and violently threw it at Hitchcock—it struck him, and he fell—he threw two bricks—nothing had been done with respect to the pigs previous to this—he went to the pigsty immediately afterwards, removed the pigs, and sent them down the lane; and I drove them back again—I said to him, "You must not let these pigs out"—he said, "Oh they are not my pigs, they belong to a cow-keeper down here, therefore you will let them go"—I said, "No, I can allow nothing to go off the premises;" and I and Melton drove them back—Hitchcock was not with me then—he was taking care of the premises—I did not send him after the pigs—when I returned, I found Cook attacking
Hitchcock with a stick—Harris seeing Hitchcock attacked, immediately ran to his rescue, and he received a blow from Cook with a hedge-stick, which broke his little finger—Hitchcock had a stick to defend himself, and that stick by some means struck Cook on the head—I saw Cook with a bill-hook in his hand, and he threatened to assault us all with it if we did not leave the premises—I said, "You had better just walk away quietly, and perhaps he will come to in temper after a time"—we did not go off the premises—we retreated, of course, from the man with such a weapon in his hand—we were obliged to retreat—Hitchcock got it from him.
Cross-examined. Q. Did you go up and tap at the door? A. No, I met him—the other men were there, at the outer gate, in the lane, waiting for my instructions—I did not whistle—I saw Mrs. Cook through the window, not out of the house—she took good care to secure the house while we went round—she was not in the yard till after the row was over—I knew Binks and Melton before—Melton had not received any intimation from me to be there—we met him on the road, and said, "We are going up to so-and-so, on unpleasant duty; will you accompany us?"—I had nothing to drink that morning—I have been tried before, and was honourably acquitted before his Honour: it was for a forcible entry—I was never charged with anything else—that is about twelve months ago—Mr. Huddleston defended me—I saw blood flow from Cook's head—it was not a very large quantity—it was a hedge-stick—I was in possession of the premises for seven days, not with all my men, Hitchcock, Harris, and a man named Telfer; not Binks or Melton—I did not remain there all night; I used to go away to my business, and return again to see that everything was going on right—I was in the Lord Bloomfield that morning, on my return, not on my way—I took nothing on my way—I had no porter with Hitchcock, to my recollection—I know Spence's, I had no porter there with Hitchcock or Harris that morning—Hitchcock and Harris had come from Thomas-street that morning—Hitchcock lives in a place called the Gardens; he met us at his uncle's shop—I, Harris, and Hitchcock, all went together—Mr. John Campbell appraised the goods.
MR. HUDDLESTON. Q. Do you recollect whether you went to Spence's at all that morning? A. Two or three went in to get a little refreshment, I stopped outside to see a person.
COURT. Q. You saw two bricks thrown, you say? A. I did; I saw the first one hit Hitchcock.
GEORGE HARRIS . On 5th June I followed Graham and Hitchcock to Cook's premises—I saw Graham, Binks, and Hitchcock in the yard—I saw some pigs in the sty—I saw them turned out by Cook—I heard him say they belonged to Mr. Jacob—Hitchcock ran to stop them, and they went out of the gate—I saw Cook throw the bricks at Hitchcock before the pigs were turned out; one hit him on the right thigh, and knocked him down—I saw a bill-hook when I first went into the yard: I did not see anything done with it, no more than I saw Hitchcock with it, coming from the rear of the house— Cook was close behind him; and before I saw Hitchcock, I heard Cook say, "I will chop your b—y heads off"—Hitchcock said, "Look at what he was going to use"—Cook said, "Get off my premises"—I said, "Cook, if anything is wrong, and this seizure is wrong, you have your remedy"—"You," he said, you b—y rogue, you are the biggest b—y rogue of the lot"—he then took up this stick, and struck me a severe blow across the right-hand—he then made several attacks on all of us—he afterwards struck me across the right-hand, and broke my finger just above the knuckle—he was very violent—he drove us all out into the lane with the stick—he was making a blow at
Hitchcock with this stick, and Hitchcock had a stick raised at the same time; as I considered, to defend himself from the blow—I rushed in to Cook at the same time, and seized him round the middle, and took this stick from him—at the same time the two sticks came in contact together, and Hitchcock's stick fell on Cook's head—I had picked up a small stick, but I threw it away, and said, "We will have none of this."
Cross-examined. Q. Did you go before the Magistrate? A. I did; I preferred a charge of assault; that was not dismissed—it was not gone into, on condition that an indictment should be preferred here—it never has been; I expected it would—I had no surgeon to set my finger; some men there cut some pieces of wood, and I had it put together and bandaged it up; it is crooked now, it was straight before—I was in great pain, and had some goulard-water for it, which I purchased at Mr. Stewart's, a chemist in the town next day—it was bandaged up for three weeks—the stick I had was a small one—this stick has been in the possession of the police since the day the case came on for hearing at the police-court; I seized it from Cook—his head was hurt; it bled a little—I have had many a worse crack of the head than that—I was seventeen years in the police, and am now receiving a pension of 27l. a year—I have not got the stick that Hitchcock had: it was not so long as this; it was about as thick as this end, it was about two feet six inches long—I had come from Thomas-street, Woolwich that morning—I came alone—I never saw Graham till I got to the farm—I know Melton; I saw him there with Mr. Binks—I had not been drinking with Mr. Graham that morning—I had had nothing to drink that morning—I had 3s. 6d. a day for this, and my food.
CHARLES MELTON . On 5th June, I saw Mr. Binks, Hitchcock, Harris, and Graham at Cook's farm—it was quite accidentally that I was there—I was standing, with Mr. Binks, in the lane, and saw Hitchcock, Harm and Graham there, by the gate—Mr. Binks said to Graham, "You go and demand the rent of Mr. Cook"—Graham went, and Mr. Binks and I stood in the lane for a minute or two—Graham and Harris then returned, and said, "The house is closed, the doors are locked the windows are bolted, and we cannot get admission"—Mr. Binks then went with them to the back of the house—I stood in the lane, looking over the farm-gate—in about five or six minutes, Hitchcock said, "He has got the bill-hook"—he ran back, and came and said, "I have got the bill-hook away from him"—then Cook, Harris, and Graham, came from behind the house, and Cook said, "Be off out of my premises"—he ran to the pigsty, opened it, and drove out two pigs—he then took up two or three good-sized brickbats; he flung one at Hitchcock, caught him on the thigh, and knocked him down on his back—he then flung the other; I do not know whether he aimed it at any one, but it did not strike any one—he then said, "Off my premises, you b—s, or else I will kill every b—man of you"—he took up a stick, and struck Hitchcock with it violently—Hitchcock said, "If you are a man, don't kill me; if you want to fight, I will fight you like a man, but not with this"—he then turned to Harris, and struck him across the hand, after he had driven us all out into the lane, and I believe broke his finger—he then turned to Hitchcock again, and they had stick and stick, Cook trying to strike Hitchcock, and Hitchcock defending himself, and their two sticks came together, and Hitchcock's stick slipped down, and cut Cook's head open—Harris then said, "Down with your sticks;" threw his own down, and ran and caught hold of Cook in his arms, to prevent any further struggle.
Cross-examined. Q. When did Harris take up a stick? A. I do not know; I did not see him take it up, or use it—I remained there about half
an hour, and then went home—I did not assist in driving the pigs—I had nothing to do with this matter, I was there accidentally—I have been a tradesman in Woolwich twenty years, and rent a 52l. house—I have known Binks five years—I knew Harris when he was a policeman—I have only known Hitchcock very recently—I did not go inside the gate—I took nothing to eat or drink with them—I took the men something to eat in the evening, by Binkes' orders—I keep an eating-house; I supplied them for seven days.
JOHN DAVID BINKS . I am an upholsterer and auctioneer. I went after Graham, on 5th June, to Cook's—I gave him this paper (produced), which I got from Mr. Fearce, Mrs. Lidgbird's solicitor—Graham went to the back of the house, Cook came out, and Graham demanded 65l. 18s. 6d., due for rent—Cook said he did not owe it, and he should not pay it—Graham said he did—Cook said, "What authority have you to come here?" and he produced this warrant—Cook then said if every one did not leave the premises, he would make them; and he went and took up a bill-hook, and held it up in an attitude, and said if the whole did not leave the premises he would cleave every b—b—down—Graham said certainly we should not leave; and Hitchcock wrested the bill-hook out of his hand—he repeatedly said, would we leave the premises, and we said, "Certainly not"—he then took up two brickbats, and one struck Hitchcock on the thigh, and knocked him down—as he was rising, he aimed another at his head, which missed him—he then flew to a hedge-stake, and took up a stick similar to this, put himself in an attitude, and said if we did not leave the premises what he would do; and he not only said it, but he put it into execution, for he struck both Hitchcock and Harris with the stick, and drove us all out into the lane—we had nothing to protect ourselves with, and were obliged to fly—he aimed a blow at my head—in the lane he used the same expressions, and held up the stick, and Hitchcock and Harris flew to a hedge, and picked up a stick each to protect themselves—Cook made a blow at Hitchcock, which fell short of him—he then made another, which Hitchcock parried; he then slew himself round and struck Cook on the head—I saw the blood come, and then ran for the police—I had received the warrant from Mr. Pearce previous to going on the premises.
COURT. Q. Did you have any instructions from Mrs. Lidgbird? A. I did—what I did was in consequence of those instructions.
Cross-examined. Q. How was it that Hitchcock struck Cook on the head? A. He dropped the stick on his head—I did not think it would hurt him, but it did, and the blood came, not a great quantity—I was not in possession for the seven days, I merely went there to see Graham execute the warrant—I took no part in it—I appraised the goods.
WILLIAM GRAHAM , re-examined. I took possession on Wednesday, 5th June—the sale was on 11th or 12th, at the right time, seven days—I did not get possession of all the goods on the same day—some I did not get till the 9th; but they were on the same premises, consequently it was a seizure of anything they contained.
JOSEPH JACOBS . A person who lives in one of Cook's tenements, who they call "Jack the brickmaker," came to me with a message from Cook—I saw Cook that evening, and told him that the pigs he had sent to me to own I could not own as they did not belong to me—I told him that Jack the brickmaker had come to me and said my pigs were down in the lane, and I was to go and take them away; that I said they did not belong to me, and that he said there was a seizure, and I was to take them; but I would not, as they did not belong to me—Cook made a laugh at it, and then said they belonged
to a relation of his, named Gardiner; and Gardiner was with me at the time, and said they did not belong to him.
Cross-examined. Q. Who has got the pigs? A. They were sold.
Cross-examined. Q. Had Binks appraised them before? A.No, we did it together.
MR. PARRY, for the Defence, called Sarah Bishop and Mr. Turner, who gave the same evidence as at page 571.
(The defendant received a good character.) GUILTY .— Fined Ten Pounds .
Before Mr. Baron Platt.
MR. BIRNIE conducted the Prosecution.
NICHOLAS BUTLER . I keep the Duchess of Brunswick public-house, at Deptford. On Sunday evening, 11th Aug., I was in my bar—the prisoner came in between four and five, and asked for a pot of porter—he was tipsy, and I think he had no money—I said "No, young man, if you had your pockets full of money, you would have no drink at present; recollect it is Sunday, if you will come to-morrow I will give you a pot or a pint, or what you like, but it does not look well to see a young man tipsy on Sunday afternoon—he began abusing me, and call me all manner of bad names—I never touched him—he went towards the door, turned short round, as much as to say, "you be d—d," and his foot caught the door, and he made a slight stumble, and the latch of the door caught his cheek and caused a slight scar; the blood came from it—I went behind the bar, wetted a towel, and went towards him to wipe his face—when I came within reach of him he kicked towards me, and the last time but one he kicked me in the bottom of the belly—I said, "You have hurt my stomach"—he then made another kick at me, and upset a form in front of the bar—I stooped to pick it up, and as I was rising he took the pipe out of his mouth, and whether he threw it at me or jobbed it in my eye, the pain was so great and it was done so quickly, I could not swear—I put my hand up to my eye, and said, "Oh dear, my eye is out!" and he said, "Now I have got my revenge on you"—I have been under medical treatment ever since—I never applied any contemptuous name to him, that I swear, nor laid my hand on him.
Cross-examined by MR. O'BRIEN. Q. He was in the habit of attending the house? A. Not often; he has been there—I might be half a yard from him when the pipe hit my eye—I was sufficiently near for him to strike me—I heard the pipe fall on the ground after it hit my eye—I did not go to turn him out before he fell—I wished him to go out—I was advancing towards him with the cloth to wipe his face after he fell—he might have been nearly ten minutes in the house—I did not say to him "Go out of my house three-fingered Jack"—I do not know whether he goes by that name; I never heard it mentioned till he stated it at the police-court—I distinctly heard him say, "I have had my revenge"—I recollected that before the Magistrate, but I was in great pain then.
Cross-examined by MR. BIRNIE. Q. Did you move towards him at all before you went to wipe his face? A. Yes, I did, when he asked for the porter, but not in any hostile way.
ELLEN M'HARTLEY . I am in Mr. Butler's service. On 7th Aug., about half-past five o'clock, the prisoner came, went into the parlour to his father, came out, and asked Mr. Butler for some beer—he told him to go home, as he had been drinking, that it was Sunday, and he would give him a pint of porter to-morrow—the prisoner used very bad language—his foot caught by the door, as it was not level, and he fell—Mr. Butler had not been near him then—no one was near him—he was not pushed—his cheek bled—Mr. Butler went for a cloth to wipe it, and the prisoner attempted to kick him four times, but the fourth time he kicked the form in front of the bar—he then took the pipe out of his mouth, and my master cried out, "Oh, God, my eye is out!"—the prisoner said, "Now I have my revenge," or "recompense," I cannot swear which, it was one of them—I cannot say whether he threw the pipe, or poked it—he was near enough to poke it; master stood close to him—I said, "See what you have done"—he said he would serve me the same, and said it served the old soldier right, or something to that effect.
Cross-examined. Q. Was the prisoner's father in the parlour at the time he was going out at the door? A. The father came out of the parlour before the prisoner left the bar, and he said, "Look at my face"—he did not say, "See how they are serving me"—my master drew back when the prisoner attempted to kick him, but I believe he kicked him on the shins.
MRS. AARON. My husband is a labourer, of Deptford; we live near the Duchess of Brunswick. I was standing at my door about five o'clock, and saw the prisoner fall or pushed down, I cannot say which—I saw no one near him—the landlord helped him up, and set him on a form behind the door—he was bleeding from a little scratch near his eye—the landlord went to get a cloth to wipe his face—the prisoner got up and made a kick—he used a little abusive language, and then threw his pipe at Mr. Butler, and hit him in the eye—he did not poke it—I am quite sure it left his hand before it hit Mr. Butler—Mr. Butler called out, "My eye is out!"—the prisoner called out, "Now, where is your recompense?"—he came out two or three times, and went back.
Cross-examined. Q. Did you hear him call out, "Father, see what they have done to me?"A. No; I have known the prisoner almost as long as I have known myself, but never spoke a dozen of words to him.
EDWARD COUCHER . I am a surgeon, of Deptford-bridge. I was called to Mr. Butler—he had a very extensive injury to the eye—a portion of the transparent part was torn away, and the iris displaced—there was extensive inflammation of the outer membranes—the sight is entirely destroyed—the lenses are torn out—the point or the bowl of a tobacco-pipe would cause all I saw.
STEPHEN BOURKE (policeman, R 251). I took the prisoner, and told him it was for knocking Mr. Butler's eye out—he said he did it; that Mr. Butler struck him—he was sober, but it was a quarter to six o'clock then—he appeared to have been drinking.
(The prisoner received a good character.)
GUILTY of an Assault.— Confined Three Months .
Before Mr. Common Serjeant.
GUILTY .— To enter into recognizances to appear and receive judgment when called for .
JOHN LAWLER pleaded GUILTY .
BENJAMIN WOOD DOBSON . I live with Mr. Francis William Vant, at Woolwich. I missed some black cloth, and spoke to John Lawler—he told me he had taken some calico, and given it to his mother-in-law, Sarah Lawler to make up for him—I went with an officer to Sarah Lawler, and asked her what goods her son had sent her—she said, some calico for shirts, and some linen—she produced the duplicate for some of it, and produced the rest which was not pawned, and which was partly made into shirts—I could not be sure of the calico—John said to his mother, "Give up all that I brought, some cord for trowsers, and a shawl"—she said, "They are pawned;" and gave the duplicates to the officer—I went with the officer to the pawnbroker, and got the things—I know this cord is Mr. Vant's—it is the only thing I missed—I do not know the other things.
Cross-examined by MR. PARRY. Q. Your employer is satisfied that Sarah Lawler had no guilty knowledge of her son's conduct. A. I believe he is—he is here—there was a shirt partly made up.
WILLIAM GLADWIN (policeman, R 122). I took Sarah Lawler—she said she was innocent of the charge, that her son brought the shirting home to make shirts, and the cloth to make trowsers—she gave me the duplicates, and made no disguise of it.
SARAH LAWLER— NOT GUILTY .
GUILTY . Aged 21.— Confined Six Months .
GEORGE GOFF I am master of The Owner's Delight, lying in Deptford-creek. The prisoner often used to come on board—he came on 14th Aug., between twelve and one o'clock—he cleaned the deck—he left, and promised to come back, but did not—I had a watch, chain, and seals in my bed-place in the cabin—I saw them safe at eleven in the day, and missed them just after he was gone—this is my watch (produced).
Prisoner. Q. You did not see it that day, it was in my possession the night before when you pulled off your clothes to fight? A. No, it was not.
GEORGE LEWIS . I am in the service of Mr. Harris, a pawnbroker. On 14th Aug., between one and two o'clock this watch was pawned by the prisoner —he said it was his, and told me to wind it up as he should come for it in the morning, he should like it to be kept going.
Prisoner's Defence. On the evening before, I was on shore drinking at the Oxford Arms, and that night the prosecutor gave me the watch, and it was in my possession till I pawned it.
GUILTY . Aged 27.— Confined Four Months .
GUILTY . Aged 16.— Confined Six Months .
MR. HORRY conducted the Prosecution.
GEORGE CLIFFORD . I live with my mother, who keeps the Queen's Arms, Plumstead. On Saturday afternoon, 27th July, about four o'clock, Henrietta Austin brought me half-a-sovereign, and told me to take 4d. which was owing—I gave her fifteen sixpences, and two shillings—while I was serving her, the prisoner came, and called for a small glass of brandy—as she stood at the bar drinking it, she could see me give the money to the child, who then left, and the prisoner followed her—in two or three minutes the child came back, and made a complaint to me, in consequence of which I went after the prisoner, but could not find her—in the afternoon I found out where she lived, went there and told her the child had complained of her taking the money, and she had better give it up—she said she had not seen the child's money.
Cross-examined by MR. ROBINSON. Q. Did she pay for her brandy? A. Yes; but she left about a third of it, and followed the child.
MARY HAWKINS . I am the wife of George Hankins, of Charlotte-street, Plumstead. On Saturday afternoon, about four o'clock, I saw the prisoner coming towards me—I passed her and went up to the child, who was on the step of the door crying—she made a complaint to me, and pointed to the prisoner—I informed the mother.
BETSEY AUSTIN . I am the wife of Albert Austin—this child is my daughter—she is seven years old. On 27th July, I sent her to the Queen's Arms with half-a-sovereign to get a pint of ale, and pay 4d. which was owing—I afterwards saw her crying, and took her to the prisoner and charged her with taking the child's money—she said she had not seen the money or the child—the child then said, "You did take my money"—the prisoner afterwards said she remembered seeing her at the public-house getting the change, but denied having got the money.
GEORGE SCHOFIELD (policeman, R 312). I was in the Plumstead-road, with Mrs. Austin, and the child, who pointed the prisoner out coming on the opposite side of the road—I went after her—she ran away down a passage—I ran after her, and found her stooping inside a dairy, close by some cans—she rose up as I came up—I said "I want you, you are charged with robbing a child of 9s. 6d."—she flew in a great rage, and said she knew nothing about it—I afterwards received a purse with fifteen sixpences, two shillings, and a duplicate in it, from Mary Hart.
Cross-examined. Q. How far were you from her when she stooped? A. Half a dozen yards—I was right in the passage—the dairy forms one side of the passage—I could not see the cans when I was in the passage.
GUILTY.* Aged 27.— Confined Twelve Months .
1536. JAMES MITCHELL and WILLIAM WEAVER , stealing 5 pewter pots, value 8.;s.; the goods of Elizabeth Randall: also, 1 metal tap, 5s.; the goods of Joseph Poole, fixed to a building: also, 1 metal tap, 5s the goods of James Cole, fixed to a building: also, 2 pewter pots, 2s. 6d.; the goods of John Taylor: and 1 pewter pot, 1s. 3d.; the goods of Thomas Reynolds: Weaver having been before convicted: to all of which
WEAVER pleaded GUILTY . Aged 23.— Transported for Seven Years .
MITCHELL pleaded GUILTY . Aged 23.— Confined Three Months .
MR. CLERK conducted the Prosecution.
BENJAMIN LOVELL . I reside at Deptford. On 5th July I purchased three rods of tares of the prisoner, at 10d. a rod, and paid him 2s. 6d.—on 10th July I purchased two rods more at 8d., and paid him 1s. 4d.—I purchased tares of him three times a week, twenty-three or twenty-four times altogether—at first he said the price was 9 1/2d. a rod for his master, and a halfpenny a rod for cutting.
Cross-examined by MR. PARRY. Q. There is a charge for cutting tares? A. Yes, last year I paid 1d. a rod—some of the tares are of a greater and some a less value—some of them I would not have at all—some were worth 4d., and some 1s.—I selected them—I always have the youngest—they are not fit for horses to eat at less than 8d.—I have known the prisoner four years—I always knew him as a respectable man.
Cross-examined. Q. Did you keep back 3 1/2d. of the prisoner's money? A. No; nothing of the kind occurred—there was no dispute between us.
THOMAS FISH . In July I bought some tares of Digby, at 7d.—the next day I bought some of the prisoner; he charged me 8d.—I told him Digby only charged me 7d.; he said Digby had got discharged for only charging 7d.—I had frequent dealings with the prisoner, and always paid 8d. a rod, and I gave him 1d. beyond that for cutting.
Cross-examined. Q. Have you ever bought tares under 8d., of the prisoner? A. Yes, at 6d., 7d., 8d., and 1s.; it depended entirely on the quality—I cannot say whether a man who had to sell a whole field would be selling at all prices—I paid 8d. for these; they were very good—I never bought at 5d.—there were others in that field of not so good a quality as those I bought.
THOMAS CLARK . I am a farmer, of Lewisham. The prisoner was in my employ four or five months—in June and July he was employed cutting tares, which were sold in the field to different customers—I first directed him to obtain 9d. a rod for them—he charged that a little time, and as he gave me his account he said, "Master, I cannot get 9d. for the tares, they are so rubbishy"—I said, "If you cannot get 9d., you must get 8d.; I know there are some you can get 8d. for"—he afterwards came to me, and said he could not get 8d., and then on 20th June it came to 7d., and then 6d., and at last I said he had better come out of the field, and shut the gate—this is the account I kept (produced)—they began to be sold on 9th June—on 1st July the price he returned to me as having sold them at, was 7d.—I had told him he was to sell for the best price he could—after the beginning of July he never returned more than 7d.—he brought me every day an account of the tares he had sold, and the prices received, and I put it down in writing, in this book—on 5th July here is an entry I made from his statement, "27 rods, at 7d. 10th July,
35, at 7d."—he was not to charge anything for cutting, beyond the price of the tares—he was receiving 1l. a week, wages—Digby has been in my employment from a boy.
Cross-examined. Q. Did you ever receive 7 1/2 d.? A. Yes, and 9 1/2 d. once, on 11th June; that was the highest price—a man named Moise was in the field, assisting the prisoner, I did not pay him.
JOHN TAYLOR (policeman, R 218). I apprehended the prisoner on 15th July—I told him the charge was embezzling money of his master—he said, "I have taken a halfpenny and a penny, but I will make it all right with my master."
NOT GUILTY .
1538. GEORGE WOOD , stealing 46 1/2 bushels of chaff, 3 bushels of bran and beans, and 2 sacks, value 4s. 6d.; the goods of William Walker, his master: having been before convicted: and, WILLIAM TWITCHEN , receiving the same.
MR. PLATT conducted the Prosecution.
WILLIAM TWYMAN (policeman, R 127). On 24th July I was with Hunt, concealed in a field opposite the Bee-hive, near Eltham. At six o'clock in the morning I saw Wood driving a cart and two horses, of Mr. Walker's—he stopped right opposite the Bee-hive, where Twitchen was on the look-out—as soon as he stopped, Walker gave Twitchen a sack, which he put into the stable—he then came out to the cart again, and Wood gave him another bag, which he took to the stables—I and Hunt then jumped up, and I seized Wood—I went into the stable, and found a sack marked, "W. Walker, Eltham"—I asked Wood why he left it there—he said he left it for his horses—upon that I went to the cart, and found the nose-bags full, and another bag containing three bushels of mixed chaff, beans, and bran.
Cross-examined by MR. CLERK. Q. Was that you found in the cart the same as that left in the stable? A. Yes; but that in the cart was all mixed together, and that in the stable was beans and bran mixed, and clean chaff not mixed—Twitchen is ostler at the Bee-hive—the house was not opened when I saw him on the look-out.
GEORGE HUNT (policeman, R 65). I was with Twyman and took Twitchen—I asked him why the bran had been taken there—he did not answer till Wood was brought, and then he said it was left for the horses after they had been for a load of gravel—I saw the nose-bags, they were full, and there was some in the cart besides.
Cross-examined. Q. Did you see Wood taken? A. Yes; Twitchen was then in the stable, and not within hearing—when he said it was left for the horses till they came back, there had been no communication between him and Wood.
WILLIAM HENRY PALMER . I am in the employ of William Walker, a farmer, of Eltham. Wood was his carter—we have a stable, about 500 yards from the Bee-hive—it was Wood's duty that morning to drive two horses from that stable—he had no business at the Bee-hive; we do not keep corn there for our horses—the nose-bags are filled when the horses go out—I do not know whether they were filled that morning, I was not there—these sacks are my master's, and to the best of my knowledge what was in them also—it was worth 4s. 6d. or 5s.
Cross-examined. Q. Is not Mr. Walker the contractor for mending the roads in that district? A. Yes; the men are allowed to take out a certain quantity besides what is in the nose-bags for the horses—if the day was wet Wood was to have gone to Shooter's-hill, for a load of gravel—that is about two miles from our stables; the road is rather hilly.
COURT. Q. Is the Bee-hive on the road to Shooter's-hill? A. No; it stands out of the road—he would be gone three hours to Shooter's-hill and back—he would have to come back beyond the stable, and bring the gravel wherever the men on the road pleased to have it put.
(Wood's statement before the Magistrate read—"I brought the corn from the stable, the road being dry I left it at the Bee-hive till I came back.")
(Twitchen received a good character.)
RICHARD SINCLAIR (policeman, N 321). I produce a certificate of Wood's former conviction—(read—Convicted here March, 1845, of stealing one bushel of oats, peas, and beans, of his master; Confined four months)—I was present, he is the man.
TWITCHEN— NOT GUILTY .
WOOD— GUILTY . Aged 22.— Confined Twelve Months.
WILLIAM MILLER . I am a laborer, of Beckenham. On the night of 29th July, I was at the Dolphin, at Sydenham, and saw the prisoner there—she followed me out, and asked if I was going to have anything to drink at the Bell—I refused—she said she would stand a quartern of gin and cloves; I went in with her, and we had some—when I left the Dolphin I had one sovereign and 5s. in a bag in my waistcoat pocket—the prisoner was with me when I put it into my pocket, in front of the bar—I was not the worse for liquor when I left the Dolphin, but I was before I left the Bell—when I left the Bell I immediately fell down outside the door—I came to myself in about an hour, and missed my money—this is my bag—(produced).
WILLIAM IRWIN (policeman, R 311). On 29th July, I was on duty at Bell-green, and saw Miller lying on his back drunk, with his head on the prisoner's lap—there was a little girl with her, who she said was her daughter—I asked who he was; the prisoner said he was a friend of her's, and she was trying to get him home—I said I would assist in getting him up—she said there was no occasion for that, and put 6d. or 1s. in my hand, which I refused taking—I helped to get him up, and asked if he had a watch or any money—he said "Money"—he looked, said he was robbed, and said he had been picked up by the prisoner—I asked him if he knew her; he said, "No."—he told me not to let her go—I took her to the station, and as we were going, she said, "Policeman, I do not know what money I have on me; I have two sovereigns of Mrs. Dickens my sister"—next day, as I was taking her before the Magistrate, she asked what I was taking her for—I said for stealing a bag and money—she said it was false—I produce a canvass bag which I received from Mrs. Amer, and one sovereign and 5s. from Philcox.
Prisoner. Q. Did you wheel him in a barrow to the station? A. Part of the way, and he walked part—you were not willing to go at first.
FRANCES AMER . I live next door to the Bell. On 29th July, I heard a noise, looked out at the window, and saw the prisoner and a little girl nine or ten years old; the little girl went towards the hedge—I afterwards took a candle, went there, and found the bag produced.
GUILTY . Aged 38.— Confined Three Months.
July, I had a funeral at Brockley-lane—I went to the house to dress the mourners, and left a coat in the lower room while we went to Church—we were away about an hour, and as we returned, I met the prisoner with a coat on his arm; I had no idea it was mine; but when I got back to the house, my coat was not there—this is it (produced).
THOMAS SHIRTLEFF . I lire in Grove-street, Deptford, and am in the employ of the East Country Dock Company. On 28th July, between six and seven o'clock in the evening, the prisoner came to me, and asked me to buy a coat—I did not know him before, but I knew his brother, who is a doctor—he said it was worth 4s.; he had just left the Union, and his brother had given it him; I bought it of him—in consequence of what I afterwards heard, I delivered it to Mr. Wall—I should say this coat(produced)is the same.
JAMES WILLIAM CROUCH (policeman, R 361). I took the prisoner on 29th July, at the New-road, Deptford—I told him I wanted him for stealing a coat at Brockley-lane—he said he knew nothing of it, and denied being there—I received this coat from Mr. Wall.
Prisoner's Defence. I was very groggy; I had been in the Union twelve months, where I had had no drink, and the liquor had such an effect on me.
WILLIAM GEORGE OSBORNE (policeman, R 13). I produce another certificate of the prisoner's conviction—(read—Convicted here Jan. 1849, having been before convicted; confined eight months)—he is the person.
GUILTY . Aged 45.— Transported for Seven Years.
THOMAS POLLETT JEBB . I am a plumber and glazier, of 3, Norfolk-cottages, Greenwich. On 10th Aug., I saw the prisoner at the Red Lion; she said she had had nothing to eat, and I gave her something to drink, and sat with her till half-past ten, when I went home, and she followed me, and went up-stairs with me, and laid on the bed—she would not undress herself—I awoke in the morning, between four and five, and missed my watch and chain from the bedside—I went in search of the prisoner, and found her at the Red Lion—the policeman told her the charge, and she said to a person who was with her, "Hold your own council"—my watch was worth 2l. 10s.
Prisoner. I saw him at the public-house in the evening, and again in the morning; all he states is false; I have a husband and young family. Witness. I cannot be mistaken about the person who went home with me.
JOHN JAMES FRANKLIN (policeman, R 353). I apprehended the prisoner at the Red Lion, at ten minutes or a quarter-past five o'clock—I told her the charge—she made no answer—on the way to the station, she told a person named Mary Frampton, who was with her, to keep her own council, and appear silly, and know nothing about it—she was searched, and 8s. 7d. found on her—I believe she is married, and has four children.
GUILTY.** Aged 26.— Transported for Seven Years.
MR. METCALFE conducted the Prosecution.
HENRY HUMPHRIES . I am clerk to Mr. Townsend, an auctioneer, at Greenwich. On 15th July, the prisoner's father had had a house let to him, in Nelson-street, Greenwich—I do not know who was in possession then—the house belonged to Mr. Martyr; I know that from what Mr. Martyr has told me—on 15th July, I went there with the officer of the County-court, to point out the fixtures, as I heard there was a process out from the County-court—I saw the prisoner—I did not see his father—I went through the house, and pointed out to the officer, in the prisoner's presence, a number of house-fixtures—I missed three brass rods from Mr. Townsend's inventory, which was signed by the prisoner's father—I said to the prisoner, "There are three brass rods missing"—he said, "Oh no; they are quite right, they are under the counter"—I went, and saw them under the counter—I told the prisoner and the officer all the fixtures were the property of Mr. Martyr—the rods were worth 14s. or 15s.
RICHARD LETTON . I am a broker, of Matilda-place, Greenwich. On 20th July, I went to a house in Nelson-street, and there found the prisoner, and bought an old bedstead, and some blankets of him—when I came down, these brass rods were lying in the shop, and I said, "I see brass rods here; I want three brass rods like that; will you sell them?"—he said he did not care about selling them—I said I would give him a crown for them—he said, "No, I will not sell them; I am going to let the shop with the fixtures, and I will let them with it"—I said, "I think that will suit you a good deal better, and fetch a good deal better price as fixtures"—I then left—about nine in the evening, he came to my house, and said, "Well, what about these brass rods"—I said the price would not suit me—I afterwards bought them of him for 6s.—these are them(produced)—they weigh 18lbs.
Cross-examined by MR. PARRY. Q. Were they sold outright to you? A. Yes; they were not worth 15s. when they were made—6s. is a fair price, I consider—I took a fancy to them—they are window-rods for shops.
HENRY HUMPHRIES re-examined. These are the same rods—the prisoner has admitted they were the same—he said he had sold them from starvation—Mr. Martyr's name is Thomas; I have seen him addressed so many times, and seen him use that name in receipts and letters.
JOHN CARPENTER (policeman, R 38). I produce the rods—I took the prisoner on 24th July, and told him he was charged with stealing three brass rods from the shop, the property of Mr. Martyr—I used the words, "The property of Mr. Martyr"—he said he had not stolen anything of the sort—I said, "You have sold them to Mr. Letton, the broker, in Bridge-street"—he hesitated, and then said, "I did not sell them, I only raised some money upon them"—on the way to the station, he asked me if I thought Mr. Martyr would forgive him, if he gave up possession of the house—he said he was very sorry; he had done it to raise money for some food, he could not stop in the house without food.
(The prisoner received a good character.)
NOT GUILTY .
ANN EVANS . I am the wife of George Evans, of Red Lion-street, Rich-mond. On 15th July I went to bed between eleven and twelve o'clock, leaving my husband up in the front room, which is on the same floor—I was awoke by a pressure on the bed—there was a candle on the mantel-shelf, and I saw a man take a pair of boots from a nail at the side of the bed—it was the prisoner—I had not known him before—I jumped out of bed, and called out, "George, a man has taken your boots away"—the prisoner ran, and tried to get out of the window, by which he had entered—I caught him by the trowsers, and be dropped the boots on the chair, and my husband pursued him—the window had been closed, but not fastened.
Prisoner. I did not go there to steal; I had been in the habit of going to see some girls who used to live next door, and I went in there by mistake; I was very tipsy. Witness. I did notice whether he was tipsy or not.
GEORGE EVANS . I went to sleep in the chair when my wife went to bed—I was awoke by her calling out, and found the prisoner coming out of the bedroom into the room where I was sitting—I asked what business he had there—he said, "All right, Mr. Norman"—(I know a man of that name)—I opened the door, to see whether any one was outside, and be bolted away—I knew him very well, and did not trouble myself to go after him then; but I never knew him come up the yard to any girls, and the girls had been gone six weeks before this—he did not appear intoxicated.
WILLIAM MARSBRIDGE (policeman). Mrs. Evans made a complaint to me in the morning, and showed me a cap—I have seen the prisoner wear a similar one—in consequence of that, I went in search of him, and found him in the tap-room at the Northumberland Arms, at Kew, about a mile and a half from the prosecutor's—I told him he was charged with breaking into the house of Mr. Evans—he said he knew nothing about it—I examined the prosecutor's house, and found the entrance had been made at the window.
STEPHEN CREED (policeman). I produce a certificate of the prisoner's former conviction at Newington—(read—Convicted May, 1840, and confined twenty-one days)—I was present—the prisoner is the person—he was about fourteen years old then—he has worked in the Royal Gardens at Kew since then up to the present time—he has kept bad company latterly.
GUILTY of Larceny, asd the previous Conviction. Aged 22.— Confined
Before Mr. Baron Platt
MR. CLARKSON conducted the Prosecution.
ALEXANDER SHIRREFF . I am secretary to the East-country Dock Company, Rotherhithe, and am in my seventy-fifth year. I know the prisoner, working in the docks as one of the deal-porters—on the morning of 26th June I found fault with the foreman of the deal-porters, and objected to the prisoner's being employed—he was discharged, by my direction, between nine and ten o'clock—about a quarter-past three, that afternoon, I was walking round the dock, my usual practice at that time of day, and at the south side the prisoner came up to me—he seemed to be waiting for me—I was walking on the edge of the wharf, as I usually do, going back to the office, when the prisoner came from among the deals, and said, "Sir, the foreman has discharged me this morning; I wish to know the reason why?"—I just looked at him; I did not want to speak to him, I said, "I am not under any necessity of explaining my conduct to you; go about your business"—he gave me
no answer, and I walked on—I passed him—there were gates on that side—I thought perhaps he had obeyed my order, and gone about his business; but I had hardly passed him a few paces, and was walking on the edge of the dock, before I received a tremendous push on my back, which launched me right into the dock, head-foremost, where it is eighteen feet deep—I went a good way below, and when I came up I as a good way from the wharf—I found I could swim, though I had not tried for forty years, and never with my clothes and heavy shoes on—however, I got on very well, and did not lose my presence of mind—there was no access up the wharf; it was six or seven feet up—there was not a boat on that side of the dock—some men came running to the spot, when I could not have swam much longer, for I found my legs going down before I got to the wharf—I got hold of one of the pillars, but there was no way of getting up—they lowered one man down, and I got hold of his legs, and he got hold of my hand and shoulder, and I was taken up—if I could not have swam, no man could have come to my assistance in less than a quarter of an hour or twenty minutes, and I must have sunk—the prisoner was quite sober when he spoke to me—he spoke quite distinctly, and walked perfectly well.
Cross-examined by MR. PAYNE. Q. How long has he been employed in the docks? A. Perhaps two years altogether, but never regularly—I have been superintendent upwards of twenty years—a man named Percival is the foreman of the deal-porters—I do not know that he is a relation of the prisoner—I have been told that he is a half-brother—I first caused the prisoner to be discharged a year or two ago, when a large stone came upon me as I was turning a corner, and I made inquiry among the deal-porters, and said I would discharge every soul if they did not tell me who it was, and at last they pointed out the prisoner, and his excuse was that it was a lark—I told him I did not understand such larks, and he had better go about his business, which he did, and I told him not to come back to the docks again—he said it was a turnip that he threw, but I found a good many stones but no turnips, and I do not believe there were any—since then I have seen him occasionally working temporarily—I never saw him there but I found fault with him, not from that transaction, but from inquiry about his character—he was not there for twelve months afterwards—he never applied to me to be allowed to work there—he never brought me a letter from Mr. Blick, the Clergyman of Rotherhithe—he never spoke to me in his life, except on the day he threw the stone, and the day he threw me into the dock—if Mr. Blick wrote a letter I am positive I did not receive it; he may casually have written me a note, but not about any man whatever.
THOMAS LIDDELL . I am a carpenter, and live at the East Country Dock. On 20th June I was with Mr. Shirreff, and saw the prisoner come up—he walked past Mr. Shirreff while he was speaking to me—we were two or three feet from the edge of the wharf, which was repairing—Mr. Shirreff walked ahead, about fifty yards along the path by the side of the bason—the prisoner was waiting for him, and I saw them speaking—Mr. Shirreff walked two or three yards a head, and the prisoner ran with force behind him, pushed him into the water, and then ran away down the dock—Mr. Shirreff came up fourteen or twenty feet from the edge of the wharf, and swam to the edge of the basin—I lowered a man who was there, and Mr. Shirreff caught hold of his legs, and we held him for a few minutes till farther assistance came, and we succeeded in getting him up—the water was eighteen feet deep—it was seven or eight feet at the edge of the wharf—if he had not been able to swim we should have had to have gone round to the other side for a boat, which
would have taken a quarter of an hour—he could not have got out by himself.
Cross-examined. Q. How many other persons were there? A. Four or five more—I have seen the prisoner employed in the docks—there was no chain round the dock for persons to lay hold of, who happen to fall in—Mr. Shirreff was about three feet from the edge when the prisoner came behind him.
JOHN LYNCH . I live at Ship-court, Deptford, and am a deal-porter at the East Country Docks—I know the prisoner, I saw him in the docks, between ten and eleven o'clock on the day in question, with some men, who were sitting down to have a pint of beer—I heard him saying to them that if Mr. Shirreff came out that day he would have him into the dock, if he went in with him.
Cross-examined. Q. Was that in a public-house? A. No, in the dock where we were at work—it was the morning of the day on which he had been discharged—I knew him before; he has a wife and children—I saw him go by about two minutes before this happened—I did not see him at any public-house—he used to frequent the Dog and Duck.
HENRY WILKINSON . I was at work in the East Country Dock—the prisoner was in my company about eleven o'clock. On 25th June, we had been drinking some beer near the ship called the Albion, where we were at work—he used rather a vulgar expression about Mr. Shirreff, and said he would put the old b—r in the dock if he had a chance—I afterwards saw what he did—he ran away immediately—I ran after him about 300 yards, and then lost sight of him.
Cross-examined. Q. He said it was a bad job, and he would go quietly, did not he? A. Yes; he said he had been taking a quantity of brandy.
GUILTY . Aged 44.— Transported for Life.
MR. COCKLE conducted the Prosecution.
ROBERT CATTON . I live in Sutton-street, Soho, and am a draper's assistant—I first saw the prisoner on 10th April, about half-past eleven o'clock in the morning, in St. George's-road, opposite the Catholic Church—a person, who is not in custody, came and spoke to me—the prisoner was about twenty yards in advance; he pulled out his handkerchief and dropped his purse—I picked it up and called to him, "You have dropped your purse"—he said, "I am very much obliged to you; I would not have lost it for 100l., will you have a glass of wine, or anything?"—the prisoner, the man who was speaking to me, and I went to a public-house—I had a glass of porter, the other man had a glass of ale, and the prisoner a glass of gin—another man came in and he had a glass of ale or porter—the third man talked about throwing weights—the prisoner said, "I will throw a weight for a glass of rum," and the prisoner asked me to go and see the weights thrown, and the person who first came to me asked me, and I went into the skittle-ground with them— when we got in the skittle-ground the prisoner and the man who came up to me first, began playing at skittles—they commenced betting—I betted, and lost 8l. 17s. to the prisoner—we went from there to the Canterbury Arms, and there the prisoner said he would make me a bet of 50l. that I could
not knock down the skittles in nine times; if I got them down in eight I should win the game—I took the bet, and went to my landlord and got the money—I took it to the Canterbury Arms (I had been at two public-houses with the prisoner before that; I do not know the name of the second house, I believe I had some ale there)—I took back with me thirty sovereigns, twenty half-sovereigns, and a 10l. Bank of England note—when I got back the prisoner, the man who accosted me first, the one that came in the third instance, and another named Anderson, who has been found guilty (see page 317) were in the parlour, and they would have me have some wine with them—there were two bottles of wine had in the parlour—they then went in the skittle-ground—I then put down 40l. in sovereigns and half-sovereigns—I cannot tell whether I put down the note—the prisoner deposited his money with Chick, and Chick took up my money—the prisoner appointed him stakeholder—I put that money down for the bet that I have mentioned; the prisoner then said, "Let us play for a bottle of wine first"—I said, "I do not mind"—we played, and Chick said the whole money was deposited on the other side, and he told me to put down the other 10l., which I did, to make up the 50l.—I lost the game for the bottle of wine—I was then at the bottom of the ground—the prisoner walked up and Chick handed him the money, and the prisoner cut away—that was after I had finished the game for the bottle of wine—when I wanted to go after the prisoner, Chick and Anderson and another of the name of Strong prevented my going out— they said he would be back again presently—I got out of the place and gave information—I returned in half an hour, and the others were then gone—I saw the prisoner again last Sunday fortnight, in the station-house—I had not seen him till then—I saw one of the other men afterwards, who made his escape out of the room.
COURT. Q. Did you try to get back your money from Chick? A. No; he said he had handed it over to the prisoner.
Cross-examined by MR. O'BRIEN. Q. This was on 10th April? A. Yes; that was my first visit to a skittle-ground—I was never in a skittle-ground before, nor betted before—when I went out for the money, I believe I remained out about an hour—that was after I had lost some money at betting—Chick went with me as far as Soho-square—I had not seen Chick before that day—I am out of employ at present, and I was out of employ then—the money was not my own, I borrowed it from my landlord, George Winders, a publican—there is no skittle-ground at his house, no betting nor any sweeps—I have used that house four years—I have lived there when I have been out of place—I lodged on the third-floor—I have lived there about twelve months at different times—I lived about two months there the last time—I went and asked him for 50l., and he counted it out to me, 40l. in gold and the 10l. note—I have not paid him since—he was not to join half with me in the bet—I did not tell him what I wanted it for—I had only been in two public-houses before; one was in Tower-street, I do not know the name of the other—I was perfectly sober when I made the bet, and all the time—there was another man there named Rhodes, besides the three I have mentioned—I never saw any of them before—Rhodes was there when I came back—the potboy served in the skittle-ground—I did not see the landlord, I am not aware whether he is here—I did not play at skittles for the 8l. 10s. I betted—when I came back they asked if I would have wine, and I had wine with them in the Canterbury Arms.
COURT. Q. Did you ask Chick for the money? A. No, I did not—I did not ask any one for the money.
MR. O'BRIEN. Q. What was the potboy's name that was there? A. I forget, he is not here—the bet was made in the Canterbury Arms—I did not try that game at all, I tried for the bottle of wine—I tried to beat him as tell as I could—then Chick said I had played for the money, and had lost it—I said I had done nothing of the kind—I asked Chick about the money, and he said he had turned it over to the prisoner—that was after the prisoner was gone—I asked Chick about the money, and he said I had lost the game—I said no, I had never played for any money at all—when I came back, Chick was with me—there were seven persons in the room besides myself, and five in the skittle-ground besides myself—when I came in, I said, "Let as play a match for 50l.," and I put down the 40l.—the prisoner said, "Let us play for a bottle of wine;" I did; and then Chick said, "You may as well put down the other 10l., to make the 50l."—I cannot tell how many pins I knocked down—the prisoner went seven or eight times, and did not get them, and then he said I might as well put down the other 10l.; and when I did, he got them down directly—Goff brought me to see the prisoner—he did not tell me that the man who had got my money was in custody: he said a man of the name of Jones was.
MR. COCKLE. Q. Was the prisoner there? A. I have no doubt that he was, though he has cut his whiskers off—there were five persons in the skittle-ground; Anderson, Chick, and the prisoner, and Strong, and Rhodes—I saw the prisoner put some gold down.
CHARLES BURGESS GOFF (police-sergeant, L 8). I took the prisoner into custody, on 4th Aug.—he was brought to Tower-street station, and I was sent for—I went to the prosecutor, who came, and said, "This is one of the men that robbed me "—the prisoner made no reply.
JAMES BRETTS (City-policeman, 13). I apprehended the prisoner on Sunday week last, in Old-street-road—I said, "Jones, you must come with me"—he said, "What for?"—I said, "For robbing a gentleman of 50l., in Weatminster-bridge-road"—he said, "It is all right, you need not see me unless you like"—I said, "My orders are to take you into custody, you must go with me over to the "L" division station; you have robbed a gentleman of 50l."—he said, "It is all right, I cannot help it; you need not see me without you like; you need not take me unless yon like, no one else would do it."
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Twelve Months.
GUILTY . Aged 16.— Confined Fourteen Days, and Whipped.
MESSRS. SCRIVEM and CLERK conducted the Prosecution.
MARY ANN LUSCOMBE . I am bar-maid, at the Royal William, in the Claphara-road. The prisoner came there on 10th July, for half-a-quartern of gin—he gave me a shilling—I gave him 8d. change, and put the shilling into the till—there was no other silver there—the prisoner and another drank the gin, and left—shortly afterwards, in consequence of something that was said, I looked into the till, and found the shilling was bad—there was no other there—I showed it to Mr. Harris, the landlord, and he went put and followed the prisoner.
followed the prisoner and another man—I saw the prisoner go into the Duke of Cornwall—he came out and joined his companion, and they went to Wright's ginger-beer shop—the prisoner went in, the other waited outride—I saw the prisoner take a bottle of ginger-beer, and put it into his coat-pocket—he joined his companion, and I went into the shop—the prisoner then went on to the Hope and Anchor beer-shop; I followed him with a constable, and saw him apprehended in the water-closet—I gave the shilling I received from my barmaid to the constable—the bottle of ginger-beer was not found when the prisoner was taken—the other man went towards the Elephant and Castle.
MARY ANN WRIGHT . I live with my mother, in South Holland-place. On 10th July, the prisoner came to my mother's for a bottle of ginger-beer, and laid down a penny; I told him it was more than that, and he laid down a shilling—I took it to my mother, in the parlour, to get change—she gave me two 4d.-pieces, and one penny, which I gave to the prisoner, and he left.
Prisoner. Q. Did not Mr. Harris say to you, "Did that young man give you a shilling?"A. No.
ELIZABETH WRIGHT . On 10th July, my daughter brought me a shilling, to give change—I observed that it was of the reign of George the Third—I gave the change, and put the shilling into my purse, and I looked at the only other shilling I had there, which was of the reign of George the Fourth—Mr. Harris came in almost immediately afterwards, and, in consequence of what he said, I looked at the George the Third shilling that I had taken, and it was bad—I wrapped it up in paper, and put it into my pocket; I gave it the same evening to White the constable.
HENRY WHITE (policeman, P 111). I took the prisoner, at a quarter before eight o'clock in the evening, at the Hope and Anchor—I found him in the water-closet—I searched him, and found on him one shilling, two 4d. -pieces in silver, and 2d. in copper, all good—he said he was quite innocent of the charge—I received this shilling from Mr. Harris, and this from Mrs. Wright.
Prisoner's Defence. I never changed but one shilling out of the two shillings and a penny which I received in change for a half-crown, in a public-house, in Dulwich; I have fallen into this through intemperance.
GUILTY . Aged 39.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY . Aged 40.— Confined Twelve Months.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 16.— Confined Twelve Months.
1551. WILLIAM PENTICROSS , stealing 2 spoons, value 7s. the goods of James Allen:also. 6 spoons, and other goods, value 6l. 2s. the property of Samuel Potter, in his dwelling-house: having been before convicted: to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
1552. JOHN BRAY , burglariously breaking and entering the dwelling-house of John Doughty, on 20th July, and stealing 502 pence, 215 half-pence, and 120 farthings; his property. MR. CHARNOCK conducted the Prosecution.
JOHN DOUGHTY . I am a baker, of Friar-street, South wark. On Saturday night, 20th July, in consequence of information, I had two policemen in my cellar—I went to bed at half-past twelve o'clock—I saw the premises secured—the bottom part of the loft-door was bolted, but the upper part of it was thrown to, but not bolted—about two o'clock in the morning, I was disturbed by hearing a noise in the shop—I came down, and saw the two policemen and two men in a state of conflict in the shop, they were fighting with life-preservers—I got a light, and saw a lantern and a lot of coppers on the floor—the two men were handcuffed and taken—I had left 10l.-worth of coppers on the side-board in the shop; some of it was in the same state in which I left it, but upwards of 3l. had been removed—there was a good deal on the floor, and I saw 5s.-worth of copper taken out of one of the men's pockets—the house it my dwelling-house—I did not see the prisoner at all.
ROBERT BRANTON (police-sergeant, M. 2). I was with Delaney, watching the prosecutor's premises that night—I was under the staircase, between the shop and the bake house—about two o'clock I heard a noise, and we came from our hiding-place, and saw two men—as soon as they saw me they made a blow with a life-preserver—we got the two men, and took 5s. in copper from one of their pockets—a great quantity of copper was on the floor—I heard the sound of another person quite plainly—I am quite confident there was one other person if not more, but we were engaged with the two persons that we took—the entry was made from the loft-door which was unbolted, and was about nine feet high from the street—we found the shoes of the two men that we took, in the loft—after those two were disposed of, I received the description of another man, and in consequence of that I took the prisoner—I found him in a house in Duke-street, in the Mint—it was some time before we could get to him, we had to burst the door in—Delaney went to the window, and communicated to me that the prisoner was in the room—when I took the prisoner, I told him I wanted him for breaking into Mr. Doughty's house—he said he would go quietly.
Cross-examined by. MR. PAYNE. Q. When did you take the prisoner? A. On Saturday night, 10th Aug., at half-past twelve o'clock—I asked to get in, and knocked a great many times—I found the prisoner's wife in the room—I saw Gibson two days previous to my going to the prisoner—I met him in Southwark-bridge-road—I saw Campbell on the Saturday night that we took the prisoner—I showed the prisoner to those persons at the station—I did not show the prisoner alone; he was with one other man who was rather taller than the prisoner, but very little—I know there were other persons in the house, because I heard them scrambling up to escape—I am confident there were others in the house.
WILLIAM GIBSON . I live in King-street, Friar-street, and am a baker, On Sunday morning, 21st July, I heard a rattle, spring in front of Mr. Doughty's shop—I saw a man come out of the loft which abuts on the street—he dropped from the sill—I am sure the prisoner is the man, I had known him for three or four months before—when he dropped, I heard something fall
similar to iron—Mary Campbell was with me—I made a communication to the policeman about this—I and Campbell were afterwards taken to the station—the prisoner was shown to me with some one else—I was able to say the prisoner was the person.
Cross-examined. Q. You have known the prisoner several months? A. Yes; I had seen him in the Mint, and in a public-house called the Union—Mrs. Campbell came to assist my wife, she and I should not have been there, if we had not heard the springing of the rattle—I did not speak to the prisoner, and ask him what he did dropping from there—I cannot say that I ever spoke to him in my life—I did not lay hold of him, and stop him directly—I might have been three or four yards from him; he passed close by me—about a week afterwards I met the policeman in the road and told him—he spoke to me first—I did not look to see what was dropped when the prisoner came down, I stopped with the policeman—I went home with Mrs. Campbell about twenty minutes after, I should think—the policeman came up in about five minutes after the prisoner dropped down.
MR. CHARNOCK. Q. How many doors do you live from Mr. Doughty's? A. About eleven doors.
JURY. Q. Was it a clear morning? A. We passed close by the gas-light.
MARY CAMPBELL . I had been staying at Mr. Gibson's—I heard the rattle about two o'clock that morning; that induced me and Mr. Gibson to go out—I went near Mr. Doughty's, and saw the prisoner drop from the loft—I am sure he is the person, I was within a yard of him—I saw his side at he dropped, and he went past me—I did not see him again till I saw him at the police-station—another man was present—I am certain the prisoner is the person I saw drop, I have not the least doubt of it.
Cross-examined. Q. Was he an old acquaintance of yours? A. No, I never saw him before—Mr. Gibson and I went there, and saw the man drop—I saw his side, and he passed me—I did not see him again for about three weeks after—I was at Mr. Gibson's, at work—I was up—I was not taking a walk with Mr. Gibson—I did not speak to the prisoner; I did not take hold of him—I do not know what Mr. Gibson did—as soon as the confusion was over, I went back—the policemen told me that they supposed they had caught the man.
MR. CHARNOCK. Q. Had you any doubt, when you saw the prisoner in the station, that he was the man? A. Not the least.
NOT GUILTY .
FRANCIS WILLIAM BRINE . I live at 158, High-street, Borough. I am clerk to Henry Pigeon, the younger—it is his dwelling-house, and is in the parish of St. George-the-Martyr, Southwark—the distillery joins to the house—I and the housekeeper were the last persons who were up on the night of 11th Aug.—about six o'clock next morning I was looking out of my bedroom-window, and saw the prisoner on the roof of the distillery—the dwelling-house is in front, and the distillery runs from the back of it—he was crawling on his hands and knees—I went down-stairs, and gave an alarm—I went into the distillery, and observed an inner door forced open, leading from the dwelling-house into the distillery—I went into the distillery, and found two desks had been forced open, and an attempt had been made to force two more and a drawer—I did not miss anything from the desks which had been forced open—the locks in the counting-house had been forced—one of the desks which
had been forced open had been locked by myself at eight on Saturday night—I found the dining-room window open—I found a bunch of keys in the counting-house.
Cross-examined by. MR. ROBINSON. Q. How high is the roof of the distillery from the ground? A. I suppose fifteen or twenty feet—I have been there about seventeen months—I cannot say whether there is any lower wall that communicates with the street, because the premises adjoin others—I never was round the premises—my duty is in the counting-house—I live in the dwelling-house, and young Mr. Pigeon lives in the house; he is not here, he slept in the house that night—there is no other member of the firm that sleeps in the house—myself, the housekeeper, and a junior clerk, sleep there; we have separate rooms—I dine in the housekeeper's room—a door had been forced open, it would not require considerable violence to open it—there was a lock—the staple had been drawn back—it is a small door leading from the distillery into the passage of the dwelling-house—it is about six feet by three, perhaps half an inch thick—I never noticed it particularly.
COURT. Q. As you go from the distillery to the house, through that door, do you go into the open air? A. No.
ELIZABETH WALKER . I am the wife of Abraham Walker, and am housekeeper at that house. About seven o'clock in the morning, on 12th Aug., I came down-stairs, and from some information I went into the dining-room—I observed the window open, and the floor very much dirtied—that window had been shut down close the night before, but not fastened—I went into the kitchen, which is on the same floor, and missed the keys, which were on the shelf, with a padlock—I have seen the keys since, in the policeman's possession—these are them; they are all mine but one, which is Mr. Pigeon's.
Cross-examined. Q. It was eight o'clock on the night before, when you saw the place fast? A. Yes; there is no servant in the house but me—I have a charwoman, but she is not there at night—she was not there the day before—there are two clerks in the house—I sat up till half-past eleven that night—I left the keys at eight at night, not in the kitchen but on a slab through the kitchen.
JOSIAH WELCH (policeman, A. 99). I went to Mr. Pigeon's just as the clock had gone six—I went on the roof, there was no person there then—I had seen the prisoner on the roof; he was coming towards the Dun Horse, as if to make his escape—he saw me, and turned back—I went into the Dun Horse, and went into the washhouse—I found the prisoner there, he was crouched up in a screen—I asked him how he came on Mr. Pigeon's premises—he said two gentlemen put him over the gate, and said there were some keys they wanted—I looked in the water-closet of the Dun Horse, which was near where the prisoner was; I found there this screw-driver—in an hour and a half after, I went and found these two ends of wax candles, and these matches—Mr. Brine found these keys, in my presence.
Cross-examined. Q. How far is the Dun Horse from the premises? A. It communicates with the premises; I should say it is twenty or thirty yards off—I was on duty at the Church, and the people gave me information.
MR. BRINE re-examined. I found these keys on a slab in the counting-house in the distillery—I know the slab in the kitchen passage; that is not where the keys were in the morning—it is down a flight of stairs.
GUILTY of Stealing. †† Aged 16.— Confined Twelve Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 15.— Confined Three Months.
MICHAEL O'CONNER . I live at Wandsworth. On Saturday night, 17th Aug., I met the prisoner there about eleven o'clock, when I came out of a public-house—she asked me if I was an Irishman—I told her I was—I walked up the street with her, talking about Ireland—she told me she knew my brother and sister; I was very much rejoiced at it—she told me she was very badly off, and wanted something to pay her lodging—I took out 3d. and gave her—she said it was another penny, and I gave her another penny—she then bid me good-night, and made a rush across the street—I suspected her, and put my hand in my pocket—I missed my money, amounting to 14s.—I know I had it at the time she had been with me—I ran after her and caught her, without losing sight of her—I took hold of her and got her down—I took her hand and found three shillings in it—I asked her for the rest of the money, but she said she would see me b—d first, and told me to get a policeman if I liked—I kept her till the policeman came up—I know that I had three half-crowns and other silver.
RICHAKD CLEAR (policeman, V. 89). I found the prosecutor and the prisoner struggling at the top of East-street, Wandsworth—I found in the prisoner's hand threepence, and twopence in her pocket—I did not find any shillings—she said she ought to give the prosecutor in charge for taking 1s. 6d. from her, a shilling which he gave her, and sixpence her own money—the prosecutor gave me three shillings, which he said he had taken from her hand.
Prisoner's Defence. I was in Wandsworth, and this man spoke to me, and asked me where I was going; I told him, and he offered me 4d. to go with him; I would not take it, and he knocked me down; he said nothing about his money till the policeman came.
NOT GUILTY .
RIGBY pleaded GUILTY .—Aged 21.— Transported for Seven Years.
FREDERICK ARMYTAGE . I live in Brook-street, Lambeth. On Sunday night, 11th Aug., Rigby stopped me in Pleasant-place, Lambeth—she asked me to stand. something to drink—I did not do it—she still clung round me, and I missed my watch, which had been in my left-hand waistcoat pocket—there was a chain to it, which went round my neck, and through a buttonhole—she broke the pin of the watch in pulling it—there was at that time a man a few yards off—he came past, and I saw his hand and Rigby's touch each other—he said, "Look sharp, Julia"—he went away, and Rigby was going away—I was following her, and the policeman came up—I know I had my watch two minutes before Rigby came up.
ABRAHAM SPALDING (policeman, L. 46). I was in Brook-street that night, and saw the two prisoners together—I saw Rigby go to the prosecutor, and say, "Will you stand. anything to drink"—Jones was three or four yards off—he made a rush, and walked past Rigby—Rigby then made a rush, and I stopped her—the prosecutor charged her with stealing his watch—I had seen Jones with Rigby several times, I am sure he is the man—I had seen them together that night, about an hour before it happened.
Jones. Q. Where had you seen me before? A. About the street, an hour before—I did not run after you when I saw you ran away, because I had had no alarm from the prosecutor then—I did not see you receive anything—I knew you again directly the officer brought you.
COURT. Q. Did the prisoners run different ways? A. No; they followed one another.
HENRY MARTIN (policeman, L. 3). I took Jones—I told him it was for being concerned with Rigby in taking a watch from a gentleman—he said, "What!"—I said, "You know Julia Rigby, don't you?"—he first said he did not, and afterwards he said he did.
Jones' Defence. know nothing about it; I know the woman, that is all; I was not with her that night.
JONES— GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 16.—Recommended to mercy by the Prosecutor.— Judgment Respited.
ANN LAWRENCE . I am the wife of Frederick Lawrence, of Charles-street, Westminster-road. About seven weeks ago, I met the prisoner at a public-house I had never seen her before—she asked me if I would give her a little boiling water to make some tea—she brought out tea and sugar enough for one person—I let her come to my house—she remained about an hour and a half—I then said I expected my husband home, and she mast leave till after he was gone; she went—while she was there, I left her alone about a minute —two or three minutes after she was gone, I missed a shawl, which I had seen in the room while she was there—about five weeks after, I saw her in custody—I told her I would rather not give her into custody, if she would tell me how I could get the shawl—while we were talking, my husband came up, and gave her into custody.
ANN LAWRENCE, JUN . I am the last witness's daughter—I remember the prisoner coming home with my mother; I am sure she is the person—I never saw her before, or again till she was taken—while she was at my mother's, I saw the shawl on her arm—I thought my mother had lent it her, and did not stop her.
Prisoner's Defence. I met the prosecutrix at the public-house, but did not go home with her.
JAMES COKER (policeman, L. 1). I produce a certificate of the prisoner's conviction—(read—Convicted here Aug. 1848, having been before convicted; and confined eighteen months.—I was present—she is the person.
GUILTY.*. Aged 57.— Transported for Seven Years.
MARY ANN BAKER . I am the wife of Joseph Baker, greengrocer, of 1, Berner's-street, Commercial-road East; we kept a chandler's shop at Chester-street, Kennington, the stock and good-will of which was sold for us, for 17l. by Mr. Mould—I received the 17l. from him on Tuesday, 7th May
—there was a 10l.-note among the money, which I put into a little bag—on the following Thursday I went out, and pinned the bag of money in my bosom—we went to several places, and had some drink; and between four and five o'clock in the afternoon we went to Peter Paine's, at Brandon-street, Walworth-common—a Mrs. Allen was there, who is Mr. Paine's daughter, and the prisoner, who is a needlewoman, was there at work—I had tea with them;—I do not think my husband did;—he fell asleep—I had not taken my bag out from the time I went out in the morning—we had some liquor before tea, and sent a second time for more—I asked Mrs. Paine to lend me 1s. or so—she said she would not—my husband awoke, and said I had got money—(I had not mentioned anything about having money before that)—I said I had money, but I did not want to take the bag out, for fear of an accident—I then went to the bag—it was quite safe, as I had pinned it in the morning, and the string was tied in a knot—I took the boy out, and could not undo the knot; Mrs. Allen undid it, but I had it in my hands all the while—I took a half-sovereign out, sent for some liquor, tied the bag, and put it back again—it was hardly a moment out—the prisoner was sitting at a little table in the room—Mrs. Allen offered to put it back for me, but she did not; she did not touch it—I left, with my husband, about half-past eight, went straight home, and went to bed, putting the bag under my pillow—I found it under my pillow at eight or half-past next morning, and missed the 10l.-note—I immediately told Mrs. Paine, Mrs. Allen, and also Mr. Eden, who had bought our shop—I mentioned it all over the neighbourhood, and offered half of it if it was brought back—I got the number, and stopped it at the Bank—about ten weeks afterwards I went to the Secretary's-office at the Bank, and, in consequence of what I learnt there, after a fortnight, which it took me to trace out all the particulars, I went to the prisoner—I told her I called respecting the 10l.-note; that I had traced it to her, and found it, and had been and seen it—she said it was not her; I must make a mistake.—that she had heard there was only a sovereign reward—I said she must make a mistake, for my husband said he would give half of it—I said she had better tell me the truth at once—she said it was not her—I told her that Mr. Alexander, in the Walworth-road, said he thought he could identify her, and asked her to go there with me—she said she could not go till the next day, for she was engaged out to work, and they must come to her—I asked her to fix some time, and she said she would go on the Thursday, at three o'clock—I went on the Thursday, and said I had come once more, and I hoped she would go to Mr. Alexander's—she said she did not think she could come then, made a pause, and did not wish to go—I said Mr. Alexander said it was gloves that was bought—she showed me a pair, and said they were the only pair she had—at last she said she would go if I would wait—I said I could not wait—I went and fetched a constable, and we went to Alexander's.
Cross-examined by. MR. BALLANTINE. Q. When you were putting the bag back, did not Mrs. Allen take hold of it, and offer to put it back? A. Yes, but I did not allow her—I was quite sober—I knew Mrs. Allen before, she is about thirty-six years old;—she is not here—I never charged her with having taken the note—I told the prisoner I did not want to hurt her, all I wanted was for her to say whether she picked up the note, or whether it had been given her by somebody—she is not the person I thought had done it—she is unmarried, and is a respectable girl—she did not touch the bag.
WILLIAM MOULD . I am a house-agent, at 3, Cheltenham-place, Westminster-road. On 7th May I sold a business for Mr. and Mrs. Baker, for 17l. to Mr. Eden—this 10l.-note was among the money; my endorsement is on it—I handed it to Mrs. Baker.
MRS. BAKER, re-examined. This is the note that was handed to me.
ROBERT ALEXANDER . I live at Beckford-place, Walworth. A lady in my shop, named Gieve, brought me this note to change—I marked it, went into the shop, spoke to the person about it, asked her her address, and she gave me "Mrs. Baker, Walworth-road"—I put that on the note, but it is now torn off—to the best of my recollection the prisoner is the person I took it of, but I will not swear to heir—1 gave her nine sovereigns in change—I am sure I did not give her a note.
SARAH ANN GIEVE . I am in Mr. Alexander's employ. I recollect the prisoner coming to the shop in May, between nine and ten o'clock in the evening—the shop is lighted with gas—she bought a pair of silk gloves—she had some silver in her hand—she told me she wanted some more articles, but she could not purchase them unless I could give her change for a 10l.-note—she gave me a 10l.-note, which I took to Mr. Alexander and returned to the shop—the prisoner selected a baby's cap, some lace, a child's belt, and a few articles, amounting to sixteen or seventeen shillings, which she said were for her niece—Mr. Alexander came into the shop and asked her her address—she said "Mrs. Baker, Walworth-road"—he asked her what part of the Walworth-road—she said, "Over the way, at the greengrocer's," and he gave her the change—she was in the shop twenty minutes or half an hour—I was attending to her all that time, and Mrs. Alexander also a portion of it—I served her over the counter; she was opposite to me—I am certain she is the person—I bad not seen her before, to my knowlege—I did not see her again till she came with Quinnear and Mrs. Baker—when she came into the shop she asked me if I had ever seen her before—I said I had, at the time she came for the articles I have described and, I believe I said something to her about changing the note—she said she was not the person, and knew nothing about it—I could have recognized her by her voice—when she bought the things she wore a straw bonnet, trimmed with dark ribbon and pink bows inside, a dark-green cloak, with a cape and a victorine; and I have seen a victorine produced by the policeman, of the same colour and shape—the cloak produced has no cape to it—the gloves produced by the policeman are similar to those she bought of me, but they have no mark on them, they are new.
Cross-examined. Q. What age are you? A. Nineteen—I am quite positive about this—it was two months after that the constable brought her —I generally serve in the shop—my master has a good custom—there are plenty of people there, sometimes more than others: plenty of women—pink bows are not uncommon—it was a squirrel victorine which is very common—I had never seen the woman before, to my knowledge.
JANE ALEXANDER . I am the wife of Robert Alexander. In the early part of May, Miss Gieve brought a 10l. into the parlour to be changed—I went into the shop behind the counter, and saw a person selecting goods—I was opposite to her, by Miss Gieve's side, as near to her as she was—my husband came with the note in his hand, and asked her address—said, "Mrs. Baker, Walworth-road"—she hesitated a little, and I said it was usual to take the address with 10l.-notes—I was there altogether from ten minutes to a quarter of an hour—she said as she had bought a cap for her niece, she must buy a belt for her nephew, that there might be no jealousy—she wore a straw bonnet with dark ribbons, pink ribbons inside it, and a dark cloak—about a week afterwards I looked for the name of Baker, in the
Walworth-road, and could not find it; that was a subject of remark between us at the time—I have not the slightest doubt the prisoner is the person.
Cross-examined. Q. She was brought to you to identify her? A. Yes; I directly recognised her.
GEORGE QUINNEAR (policeman, P.). On 25th July, the prosecutrix came to the station—I went with her to the prisoner's and told her that Mrs. Baker had lost a 10l.-note, and she was suspected of stealing it—she said, "I can assure you, Sir, I know nothing about it"—I asked her if she had any objection to go to the shop in the Walworth-road, where it was changed—I mentioned the name of the shop, Alexander's, and told her if they could not say she was the person, we had no further claim on her—she said she was not going to he taken into custody for nothing—I said if she did not come I must take her into custody—she then went with me and Mrs. Baker to Mr. Alexander's—going along she asked me where the shop was—I told her, and she said she was never in the shop in her life—I brought her into the shop, and Miss Gieve and Mrs. Alexander saw her, and she was given into custody—she still said, "I was never in the shop in my life;1 have passed here, and that is where they must have seen me"—I searched the room where she lives, and found these two shop bills of recent purchases (produced.)—one is dated 20th May, for 4l. 10s. worth of goods; and the other, for 1l. 19s. 7d., and has no date—I showed the bills to her, and she said, "Yes, I bought those goods, and paid for them with my own money"—I found in her room these gloves, victorine, 1l. 6s. 6d. in a drawer, and this cloak was given me by Mrs. Paine(produced.)—I first heard of the loss of the note on 10th May.
COURT. Q. Was she in those things when the policeman brought her? A. Not the cloak—she had the victorine.
GEORGE QUINNEAR re-examined. found also this book at her lodgings—it was then in the same state as now—this date, 6th April, was there then—it has not been out of my possession—I have been with it to the Bank, but no alteration has been made—(read.—"Provident Institution for Savings. Lambeth Green. The book of Sarah Wilmore, James-street, Camberwell New-road. 1849, Oct. 13th, 30l.; 20th Nov., interest 1s. 5d.—total 30l. 1s. 5d. interest 5s. 6d.—1850, 6th April, repaid, 30l. 6s. 1d."
(The prisoner received an excellent character.)
NOT GUILTY .
GEORGE TROTMAN . The prisoner was employed by me as char-woman—the day before she was apprehended, she left about a quarter to five o'clock, which was not her proper time—after she was gone, I missed a sheet, which I had seen safe in the kitchen a quarter of an hour before—this is it(produced.)—it has my name on it.
JOSEPH LITTLEFOR . I am shopman to Mr. Baker, pawnbroker, of Stanhope-street. On 6th Aug. this sheet was pledged, in the name of Jane Brown, by a very short woman—she was dressed the same as the prisoner was when I saw her at the police-court—I will not swear to her.
GUILTY . Aged 40.— Confined Six Weeks.
ADJOURNED TO MONDAY, SEPTEMBER 16TH, 1850.