CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 16TH, 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, September 16th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB, LORD MAYOR of the City of London; Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Noon Talfourd, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; Thomas Kelly, Esq.; John Humphery, Esq., M.P.; Michael Gibbs, Esq.; John Kinnersley Hooper, Esq.; Sir James Duke, Bart., M.P.; William Hunter, Esq.; Thomas Challis, Esq.; Thomas Quested Finnis, Esq.; and Robert Walter Carden, Esq., Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City; and Russell Gurney, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM LAWRENCE, Esq., Ald.
DONALD NICOLL, Esq.
JAMES JOSIAH MILLARD, Esq.
DAVID WILLIAMS WIRE, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. ELEVENTH 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, September 16th, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. KELLY; Mr. Ald, HUMPHBRY; Mr. Ald. GIBBS; Mr. Ald. CHALLIS; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
MR. CLARKSON offered no evidence.— NOT GUILTY .
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 20.— Confined Six Months.
GEORGE SCOTT (City policeman, 560). On 28th August, about one o'clock in the day, I was at the Custom-house Quay—I saw the prisoner put his hand through his own pocket, and take this handkerchief (produced) from a gentleman's pocket—he threw it down—it was picked up by a lad.
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 18.— Confined Four Months.
RICHARD BARRETT . I am foreman to John Nicholls, a farmer, at Enfield; Carter was his carter. On 3rd Sept. a cartload of potatoes was brought into the yard—they were John Nicholls's—they were to go to Mr. Wagstaff's, of Smithfield, to be sold; Carter went with the cart—this sack (produced) is Mr. Nicholls's, and was in the cart—these potatoes are such as he had.
Cross-examined by MR. O'BRIEN. Q. Did Carter come with the cart from the field? A. Yes; I did not see him go away, I was in bed—this sack has "John Nicholls" on it.
JAMES BRIDGER (policeman N 372). On 3rd Sept., at two in the morning, I was on duty at Enfield-highway, and saw Carter riding on the cart from the farm—I followed it to the Cock, at Edmonton, where Carter got off, and called out—Drage came, and Carter got up, got this sack of potatoes, and gave them to Drage, who took them into the stable—I was in plain clothes, under a dark porch—a constable with me took Carter—I followed Drage into the stable, and asked him twice what he was going to do with them—he made no answer—Carter was brought to the stable-door, and I asked him what he brought them there for—he said, "I am going to call for them as I come back"—Drage said, "Yes, he asked me to take care of them for him"—I took them to the station, and found the baskets of potatoes in the cart were not full.
Cross-examined by MR. O'BRIEN. Q. There were fifteen sacks and twenty sieves? A. Yes; I have a memorandum of the weight.
Cross-examined by MR. O'BRIEN. Q. Where did you find the cart and potatoes? A. Outside the station-house.
Cross-examined by MR. COOPER. Q. Do you know Drage? A. I have seen him a few times.
DRAGE— NOT GUILTY .
CARTER received a good character— GUILTY. Aged 26. Strongly recommended to mercy. — Confined Fourteen Days
Cross-examined by MR. PAYNE. Q. You cannot swear to this particular piece? A. I swear I cut it off the hide—I have from 6,000 to 8,000 skins on my premises—I have about twenty men—I cut all the hides myself till six weeks ago—this had been in the yard twelve months.
GEORGE STREETING . I am a shoemaker, of Uxbridge-moor. The prisoner came and asked me to mend a pair of woman's shoes, and if I had not got any money to get the leather, he would provide it—he brought me this leather on 17th August—Mr. Darvill afterwards took it from me.
Cross-examined. Q. How long was that after he came about the shoes? A. A month.
NOT GUILTY .
GUILTY . Aged 17.— Confined Six Months.
NEW COURT.—Monday, September 16th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. Ald. CHALLIS; and RUSSELL
Before Russell Gurney, Esq. and the Fifth Jury.
WILLIAM DERBYSHIRE—Aged 19
GEORGE DERBYSHIRE—Aged 23
pleaded GUILTY to the Conspiracy,
they received good characters, and were recommended to mercy by the Prosecutor.— Confined Four Months
1572. JOSEPH ELDERFIELD and EDWARD HARRINGTON , stealing 21 dead pigeons, value 12s. 3d.; the goods of Amedee Frederic Armand Davenes and another, the masters of Elderfield:—2nd COUNT, charging Harrington with receiving.
MR. HUDDLESTON conducted the Prosecution.
AMEDEE FREDERIC ARMAND DAVENES . I carry on business at 22, Turnmill-street, in partnership with my brother, Auguste Nicholas Davenes—we are provision-dealers—we sell pigeons—we have a customer, Jennings and Co., in Newgate-street—Elderfield was our carman; I sometimes sent him out with goods to sell, but never with pigeons—I know some pigeons were sent, on 2nd Sept., to Mr. Jennings—Talbot is in my employ—it was Talbot's duty to count the pigeons before they went out—I saw twenty-one pigeons before the Magistrate; they were mine.
Cross-examined by MR. PAYNE. Q. You did not see the pigeons that went? A. No, nor count them—I know the pigeons I saw before the Magistrate to be mine, because there is a great difference between English and French pigeons, these were French, and fresh killed—there were about 900 pigeons in the cart that morning.
JURY. Q. Are you the only importers of French pigeons? A. No, there is one other person I think.
WILLIAM TALBOT . I am in the service of Mr. Davenes—I counted the pigeons that were sent to Mr. Jennings on 2nd Sept.—I saw them put into the box—there were 120—I gave the box to Elderfield, at six o'clock in the morning—his cart was down the yard—it was put on the cart, and I saw it driven away.
Cross-examined by MR. HORRY. Q. How many boxes did you send away that morning? A. Seven; it was Mr. Davenes' cart—Elderfield took them away—I cannot tell how many pigeons were in the box I filled before this one, or in the box I filled afterwards—there were seven boxes filled that morning—there were 400 or 500 pigeons in the seven boxes—I counted them first into a small box, and Haynes counted them out of that into another—Haynes is not here.
Cross-examined by MR. PAYNE. Q. Did you see Haynes count them? A. Yes; that other box was sent away—Haynes was before the Magistrate, but he was not bound over.
MR. HUDDLESTON. Q. Are you sure there were 120 in that box? A. Yes; I packed every box that morning—the box of the 120 was the last I packed—my attention was called to that box within an hour afterwards—I heard some were lost—they did not say how many were lost—I knew all the number that I had counted into each box at that time, but since that I have not remembered; I could have told that day.
EDWARD FINNELL (City-policeman, 32). About six o'clock, on the morning of 2nd Sept., I was on duty in Clerkenwell—I saw Elderfield with a horse and cart—he was in the cart—he came out of Bowling-street—he was fifty or a hundred yards from Daverne's premises—I followed him through Smithfield-market, and into Newgate-street—he stopped his cart on the opposite side to Mr. Jennings', and the porter came and took the box of pigeons—he then went to Mr. Dean's, and there the porter took another box—he then went to Cheapside, and there I saw Harrington standing opposite Gutter-lane—he had this basket in his hand, and this stick; and as soon as Elderfield was coming along with his cart, he swung the basket backwards and forwards, as a signal I thought—Elderfield drew alongside of him, and he chucked the basket into the cart—the basket appeared to be empty—he then got into the cart himself—it was a tilted cart, with a cover—it then drove on very steadily till it came to Lombard-street—it stopped there, just by Birchin-lane—Harrington then got out, and Elderfield handed the basket down to him—he put it on his back—I went, and caught hold of the basket, and said, "What have you got here?"—he said, "Nothing"—I said, "That won't do for me"—I saw there were some pigeons in it—I left him in charge with Dawson, and I went after Elderfield—I took him—he asked me what it was for—I told him—he told me it certainly was true that he gave Harrington the ride, but he knew nothing about the pigeons—I found there were twenty-one pigeons; they were dead, but quite warm—I went to Mr. Jennings', I saw lots of pigeons there of the same sort.
CHARLES THAIN (City-policeman, 19) I was on duty with Finnell—I followed the cart to Newgate-street—it stopped on the north side, opposite Mr. Jennings' shop, and a porter took a box out of the cart to Mr. Jennings'—it afterwards stopped at Mr. Dean's, on the same side—it then went on to Cheapside, and I saw Harrington opposite Gutter-lane, holding up a basket on a stick as a signal—Elderfield drove the cart near the kerb, and Harrington threw the basket into the cart, and then got in himself—it went to Lombard-street, and then Harrington got out, and Elderfield gave him the basket—the last witness took him, and gave him to me—the basket appeared to be heavier then than when it was put into the cart—the basket, and pigeons, and stick, weighed twenty-four pounds and a quarter.
(The prisoners' statements before the Magistrate were here read, as follows: "Harrington says, 'He offered to give me a lift that morning; I bought the pigeons of a countryman, at the corner of Field-lane; he only gave me a lift.' Elderfield says, 'I can take my oath that he received no pigeons from me.' "
(Harrington received a good character.)
ELDERFIELD— GUILTY. Aged 28.—Recommended to mercy by the Prosecutor. — Confined Six Months
HARRINGTON— GUILTY of Receiving. Aged 76.—Recommended to mercy by the Jury. — Confined Two Months
NOT GUILTY .
OLD COURT.—Tuesday, September 17th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
1574. CORNELIUS MERRITT , stealing 1 purse, value 1s.; 11 sovereigns, 1 half-sovereign, 1 half-crown, 3 shillings, and 1 groat; the property of George Kirkman Kent, from the person of Ann Kent: to which he pleaded
GUILTY .— Confined Four Months.
MR. COOPER conducted the Prosecution.
ATHALIE PLAISIR FENNETT . I am the wife of Victor Fennett, hair-dresser, of 5, Duke-street, Grosvenor-square. On 20th Aug., about eleven o'clock in the morning, I went to Mr. Woodward's office, and saw the prisoner—I paid him 25l. for rent—three 5l. and one 10l.-note—I saw him write this memorandum, which he gave me—(read—"Memorandum, Mrs. Fennett has left 25l. on account of rent, a stamped receipt to be sent.—E. P. SIMPSON, August 21st, 1850.)
Prisoner. Q. Was not it twelve o'clock? A. No.
ROBERT WOODWARD . I live at 27, Bouverie-street, Whitefriars. The prisoner was my clerk—it was his duty to attend to the general business of the office, and to receive money in my absence—on 21st Aug. I was absent until the evening—it was tbe prisoner's duty to insert the names of callers in a book in the office—Mrs. Fennett's name is not there on 21st Aug.—there is only one other name that day—the prisoner has never accounted to me for 25l. received on that day—on my return he was not at the office—he never came back—he had his salary weekly.
Prisoner. Q. What sort of a day was 21st Aug.? A. Extremely wet—I had promised to return that evening, and did so—you would have done wrong not to pay the money into the bankers in consequence of its being wet—you could have left the money in your desk—you had no key to it—you were common-law and general clerk, and had 10s. a week—I believe I asked you at the station if you had any of the money to return—if I had been at home the entry of Mrs. Fennett's name would not have been the subject of a charge in my bill-book—the name of Mr. Bond would—you entered that yourself—you had to put down the name of everybody who called, whether the subject of a charge or not.
THOMAS STAMFORD (policeman, F 20). On 22nd Aug., about four o'clock in the morning, I found the prisoner drunk, lying in the middle of the road in Wellington-street—his trowsers were torn—the right pocket was torn out—I saw two men run away from him—I took him to the police-office, and he was discharged next morning—he had five sovereigns, six shillings, a 3d.-piece, and some halfpence in his pocket—I went with him to the Black Sam, at the corner of Brydges-street, to see if he could find the party who robbed him—he asked the landlord if he knew the parties who were in the house with him the night previous—he said, "No"—the prisoner explained what liquor he paid for, and mentioned changing a 5l.-note, and then the landlord knew him—the note was got, and the prisoner said that was the note he had changed, that he knew it by his name on the back—he said he could not walk the streets as his clothes were in such a state, and the inspector told him
to go and shift himself—he went into Holborn and bought the clothes he now has on while I went into my place to shift myself—I went back and found him in the shop—on the 30th he came to the police-office, and I took him.
COURT. Q. What did the prisoner complain of? A. He was insensible from the blow as well as from drink, I suppose—he told me he was not so drunk before he was struck—he did not complain of being struck—he remained at the station till ten o'clock next morning, when he was taken before a Magistrate for being drunk—I went with him to the Bank to stop the notes, but he did not know the numbers, and could not stop them—he said he should know the men again, by being with them overnight—I was in search of them all that day, and all the next night—I did not see the prisoner again till the 30th—I was sent up to his house to find him—I saw his wife—she said she did not know where he was—I told her to write to him, to come and see if two men who were taken were the men who had robbed him—I said that to induce him to come back—he came on the 30th, and I took him—he had no bruise on his head.
Prisoner. Q. Why did you not pursue the two men? A. I was not near enough to catch them, they were 200 yards from me—you were very drunk, it was from the drink and the blow—I saw you next at ten o'clock, you were sober then—these trowsers (produced) are just in the same state as when I first saw you—(the side, the fob, and the pocket were gone)—you told the Magistrate that the money you lost was Mr. Woodward's; you did not give his address, you told me—you did not take me to your house, you took a friend of mine to show him—you said the notes were torn, and had some pieces of canvass underneath—I do not recollect your saying anything about their having any writing on the back—from the Bank we went towards the Strand; we went into a public-house in the City, and had a glass of ale and a bottle of ginger-beer, and we both had some dinner; we then rode in a buss to see the waiter at the house where you changed the note—I went to no other public-house with another policeman—I had no gin in a soda-water bottle; I did not give it to a policeman at the back-door of a public-house—previous to going into the omnibus you went into a hosier's to purchase a collar; you did not buy me a 3s. pair of gloves, I never entered the shop with you, upon my oath—I did not go into the shop and select a 3s. pair of gloves, and show them to the officer who I sent to your house—I know Jackson's, in Bow-street, there is a bagatelle-board there; I went there with you; it was not to see the sergeant, because he never goes there—it was merely to have a drop of refreshment after I had done with you; we may have staid an hour or two, I often do; after that I went and had some tea with you—an arrangement was then made that you should meet me on my coming on duty at nine, and you came with the young man I had left with you, and who had been in the force—when the inspector gave me leave to go with you a second time, we went in search of the black man at the house where you changed the note; we stopped there ten minutes, perhaps; you spoke to the landlord—we next went to the house of the black man, in Leicester-square, to see if he knew who robbed me—I do not recollect what refreshment the three of us had after leaving that house—we had no beef, fish, or oysters; we did not have a half-crown's worth of oysters and a pennyworth of bread—I do not know what you ate or drank—I was with you all day.
The prisoner, in a long defence, admitted the receipt of the money, but stated that it being a very wet day he did not pay it into the bankers', intending to give it to his employer, on his return; that he had made an engagement to go to the Olympic Theatre with a friend who was deaf and dumb, to obtain an engagement
for him of the Lessee; that on their return he was assaulted and robbed by two men; that he did not insert Mrs. Fennett's name in the call-book, as the office was being painted, and his books were put away; that he voluntarily informed a friend of the policeman's where he lived, but fearing Mr. Woodward might not believe the statement, he went to Maidenhead, directing his wife to send for him immediately the men were apprehended, and on his return was taken into custody.
SARAH JAMES . I am servant to Mr. Woodward. On 21st August, the painters were in the office, but not the whole day—the prisoner told me that day that he had received 200l.—I am sure it was 200l.—he left the office at half-past five o'clock; his usual time for leaving was five.
Cross-examined by MR. COOPER. Q. Was there any one in the house besides you? A. No; the painters left at half-past six o'clock.
JOHN ADAMS STAPLE (through an interpreter, being deaf and dumb.) On 21st Aug. I went to the prisoner's house—he showed me 28l.—we went to the Olympic Theatre; it was not to speak to any one, only to see the theatre—after it was over we went and had supper at a shop in Covent-garden—as we went home, two men caught me at the back of my neck, in Drury-lane, and knocked me down; one of them robbed me of a silk handkerchief—they had been watching us a long while before that—I saw the prisoner struck; when I was knocked down, they caught hold of him, and ran off with him; I did not see how far.
COURT. Q. Was anything paid for going into the theatre? A. No, we did not pay; the prisoner paid 2s. 6d. for the supper; the two men were watching us all the time we were having it—they did not sup with us—they wanted us to drink with them—after they carried the prisoner away, I did not see him again that night.
GUILTY . Aged 23.— Confined Six Months.
MR. COOPER conducted the Prosecution.
WILLIAM STEPHENSON MCINTYRE . I live at 29, Queen-street, Stepney, and am a commission-agent. On 20th Aug., between eleven and twelve o'clock at night, I passed down Whitechapel, and met the prisoner McCarthy—she asked me to treat her—she then asked me to go to a coffee-house, which I agreed to, and went with her to one in Somerset-street, Aldgate—I went with her to a room on the first-floor, where there was a bed—I was only there three or four minutes, when she asked me to stand treat, as she called it, and put her hand into my pocket, and took out all the gold money I had; it was five sovereigns—I said, "You have robbed me;" and she ran to the opposite side of the room—I opened the door, called for assistance, and I saw her put a sovereign into her mouth and swallow it—when I called, the prisoner Hailes was the first who came in, and I said, "This woman has robbed me;" and almost instantly she put her hand over my shoulder, and almost under my face, and I became insensible, and do not recollect anything afterwards—I was perfectly sober when I went into the house—I did not recover my senses till the next afternoon, to the best of my recollection between four and six o'clock, when I found myself at home—I lost five sovereigns out of my left waistcoat pocket, and two half-crowns, and seven shillings in silver, and a white pocket-handkerchief—I had a pocket-book, the papers in it were all disturbed, and apparently examined; my address was in it; I found it in my pocket when I was at home—I was very ill for four or five days—on the day after my recovery, I went with the policeman in search of the parties—we
went to this house in Somerset-street—I saw Hailes there, and recognized her at once—I touched the police-officer, and said "That is the woman that belongs to the house:" I do not suppose she heard that—after some time, both the prisoners were taken into custody—I am quite certain they are the women.
Cross-examined by MR. PARRY. Q. Where had you been that evening? A. Over in Surrey, near the Walworth-road—I had been there with Mr. Algar, to find a person who I supposed to be next heir to a person who had died at Norwich, and left considerable property—I had not been there the whole afternoon,—I met Mr. Algar at half-past six—in the previous part of the day I had been attending to my business as a commission-agent, travelling about in various parts of London, for various parties—I travel for Mr. Thomas, of Finch-lane; for Mr. Bradshaw, of Fleet-street, and various others, and on their business I was engaged the whole day—it was part of my business to travel for them as well as others—I had to collect advertisements for Mr. Thomas' works, as well as for those of Mr. Bradshaw—they emyloy me for that purpose, and pay me—Mr. Thomas never pays me, Mr. Eaton, his agent, does—Mr. Bradshaw leaves the management to persons in Fleet-street; they pay me the second or third of every month—I do not recollect exactly when Mr. Eaton last paid me—I should say it was about two months ago—this inquiry about the heir to some property was made at the request of a friend at Norwich; it was a family matter, not in the way of business—I was a clerk in the Huntingdon and Wisbeach Railway-office about two years ago—I think I was there about two years—I left because the Company was broken up—it does not now exist—it lasted longer than two years—I remained and wound up the affairs of the Company—I was connected with the Eastern Counties Railway four years—I left because Mr. Hudson brought a parcel of his own people there—the manager left, and a whole change took place—I have a testimonial from the Company, signed and sealed—this happened on a Tuesday evening—the prisoners were not taken till I think a fortnight after—I had not seen McCarthy before—I never was in the coffee-shop before—I looked out for the women every evening along the street where McCarthy met me—I was dressed as I am now when I first met her; and afterwards, that she should not know me, I put on a great coat and a cap, so that I appeared a different person—I walked up Aldgate two or three evenings like that—I did not take any other women during that time to the coffee-shop, or to any house—I did not accost any women and speak to any that were walking about—no woman spoke to me—I looked at every woman I met—the money was loose in my left waistcoat pocket; I had not had it with me all day—I got the five sovereigns from home in the afternoon, and had them with me from that time till I was accosted—I do not carry a purse—I put it into that pocket, because I thought it was more secure than my trowsers, and I buttoned up my coat—I am not more ready than you are to go to a coffee-house with a woman—I did not know McCarthy was a woman of the town when I went in with her—I cannot exactly say I did think she was virtuous—I did not believe her to be a woman of the town, nor did I go with her for that reason—she asked me to treat her to some gin—I said I would not go to any public-house—she said, "Here is a coffee-house that I know round here; a very respectable place;" and I went there, and went into a bedroom—I certainly believed that no woman of virtue would have gone with me—I am a married man—I have never been convicted—I was before a Magistrate once: I happened to be drinking too much, and I was taken to the station for safety, I suppose: I was not fined for that, I was discharged—I have never been
before a Magistrate on any other occasion—I have prosecuted parties here, as Mr. Ballantine knows—I do not think I was ever charged with anything before a Magistrate—I was never charged with ill-treating my wife or child—if you ask me these brutal questions I shall take another opportunity of replying to you—I never attempted to drown my child; I never heard of my being charged with such a thing: it is all a fabrication, I never did anything of the kind—I have one boy six years and a half old—when I went again to the coffee-house I was not certain about the room I had been in—I did not pay much attention to it—I was only there two or three minutes—there were two windows in the room I saw, I thought at first it had only one—I did not go to any other coffee-house—I understand there is another, called the Leopard, close by.
Cross-examined by MR. BALLANTINE. Q. Where did you meet M'Carthy? A. Between Somerset-street and the Minories; I was in my direct way home—I put the sovereigns into my pocket, for the purpose of paying them away—I took them that afternoon from a drawer, about two or three o'clock—my wife was ill in bed, and had been so six weeks, or more—I saw her at that time, but do not know whether she saw me—she was dangerously ill—it was imperative that I should make the application about the heir to this estate that night, as I had received a letter, and had made an appointment to meet Mr. Algar—I do not know but what it might have turned out to have been a business matter—I think I finished the business about half-past eleven o'clock—we called at several places—we had supper in the Borough, about nine—I left a nurse with my wife—when I met M'Carthy, she said, "What are you going to stand to drink?"—I do not think she said, "My dear"—I said I would not go into any public-house—she was a stranger to me—the coffee-shop was about 100 yards from where I met her—she did not take my arm going there—the shop was about fifty yards down a street that was out of my way; my straight course was along Whitechapel—I wished to have some coffee myself; I thought they would be in bed before I got home—I did not care about treating her, I do not think I had any other view at the time—I was perfectly sober—I did not believe her to be a woman of virtue; I knew she was one of those loose persons—I swear I had no other view in going with her except to have some coffee myself, and to give her something to drink, as she was prowling about the streets—I know sometimes these people have not a morsel of food to put into their mouths—it was partly a charitable thing on my part—she asked me to go—I did not take her—I did not go into the place for the purpose of having connection with her—I went to the bedroom, because I was asked to go up-stairs—I thought it was a sitting-room—there were boxes in the place below—I made no objection to go up-stairs—almost all these places have parlours up-stairs—I had no idea it was a bad place—I was astonished directly I saw the bed, and that was when she came up to feel my pockets—I had never seen either prisoner before—I never told anybody that I was sure that was not the house—I do not think I said I did not think it was; I swear I have not told any one so—I had some doubts of the room that I was in, but not of the woman—my child never got into the water-butt to my knowledge—my wife is rather better now, but is still ill.
MR. COOPER. Q. What is the matter with your wife? A. Consumption—I had had nothing to drink but a small glass of brandy and water—I never ill-treated my child, or any one else.
20th August, I met the prosecutor, about half-past six o'clock, in Fleet-street, and went with him to the New-cut, to see a party on business—I was with him till half-past eleven or a quarter to twelve—I did not go with him to any coffee-house—we supped at the house where we went on business—we had a small glass of brandy and water each—I parted with him opposite Aldgate Church, about two minutes' walk from this coffee-shop—he was quite sober—I knew him before.
Cross-examined by MR. PARRY. Q. What was the business you went on? A. It was relative to some property which was left at Norwich—we did not go anywhere to pay any accounts—we did not pay for our supper; we had it in the house of a private person—M'Intyre did not pay for anything while with me, except a cap he bought for his boy.
THOMAS HALL . I live with my father, at 30, Queen-street, Stepney. On a Wednesday morning, about a week ago, I was going up to Mile-end gate, to fetch a cab for my sister, and saw Mr. M'Intyre lying on his back in Lady Lake's-grove—he seemed quite insensible—when I lifted him up, he said, "Oh, my head! help me home a bit"—this place is nearly a mile from Whitechapel.
JAMES M'INTOSH (policeman, H 9). On 2nd Sept. I went with the prosecutor to the Leopard Coffee-house, in Somerset-street, Aldgate—we there saw Hailes—the prosecutor said to me, "That is the woman"—I did not take her into custody then—I took her, I think, next day at the same house; I believe she is the landlady of it—I took M'Carthy first at the same coffee-house.
Cross-examined by MR. BALLANTINE. Q. Is there another Leopard Coffee-house near? A. There is, about 300 yards off, nearer Whitechapel-Church.
FRANCES BUCKLEY . I live at 16, Bellevue-square, Mile-end. I was nursing Mrs. M'Intyre on this occasion, and had been doing so for about a fortnight—I was in the habit of leaving her, and going home about half-past ten o'clock at night; but Mr. M'Intyre not coming home on the night in question, I staid with her—he was brought home between six and seven in the morning insensible, and he continued so till between three and four in the afternoon.
Cross-examined by MR. BALLANTINE. Q. How long was it before he got about his business? A. Three or four days—no doctor attended him; I did not think it necessary—his wife had been very ill for some time—we expected him home between nine and ten that night—I have known the family two years.
NOT GUILTY .
1577. JAMES BROOKMAN , stealing 10 10l. and 13 5l. notes, 2 sovereigns, 5 half-sovereigns, 5 half-crowns, and 14 shillings; the moneys of Charles Anderson Worsley Pelham, the Earl of Yarborough, his master:—2nd COUNT, of William Faulkes . MR. CLARKSON conducted the Prosecution.
WILLIAM FAULKES . I am house-steward of the Earl of Yarborough, whose name is Charles Anderson Worsley Pelham—the prisoner was his lordship's hall-porter, at 17, Harlington-street. On Wednesday, 31st July, I was about to start for Appuldercombe, one of his lordship's seats in the Isle of Wight—the prisoner came and asked me for some money to pay the taxes, which must be paid on the Saturday following—I left 67l. 14s. 6d. with him—he had given me the notices previously—I took his receipt for the money—I do not know of what denomination the money I gave him consisted—I do not know whether the notes were 10l. or 5l.-notes—I should expect they
were one or the other, but I am not certain—there were two sovereigns and some silver—I am not aware whether there was a half-sovereign, or whether there were any half-crowns or shillings among the silver—I returned from the Isle of Wight on the Monday following, and saw the prisoner between four and six o'clock in the afternoon—I did not then make any inquiry of him about the money, because he was engaged, and there was a great deal to be done, and I passed it over, intending to ask him about it on the Wednesday morning, but I then found he was gone—he did not return until Friday night at ten—in the meantime I had been to a Magistrate and made some inquiry—when I saw him that night I asked where he had been—he said he had been to Brighton, and to Brighton races—I said, "What has become of the money?"—he said, "I have been robbed of it?"—"Robbed?" I said—"Yes," he said, "of every shilling"—I said, "That is very pretty; before I proceed any further I shall expect you will account for this money, or give me security for it"—he said he could not do that himself, but he could get the security of two persons—he sent for them, and they refused to be security for him—they said it was too large a sum for them to encounter—one was a servant, and the other a housekeeper—that being the case I said, "If I cannot find the money I shall give you under the charge of the police"—he seemed rather surprised at that—I said, "I must do that to secure myself," and I gave him in charge—the money I gave him was Lord Yarborough's, given for me to dispose of for the purposes of the household.
Cross-examined by MR. PARRY. Q. I believe the prisoner was held to bail by the Magistrate? A. Yes—I am answerable for this money to Lord Yarborough—if the prisoner had given me security I should not have gone any further in the matter—I do not remember the persons whom he asked to be security asking me whether I could insure his place afterwards; I do not remember hearing it—I do not know any of the notes—I can swear there were two sovereigns—the prisoner told me that he was quite distracted when he was at Brighton, and had not the means of coming up to town, and that somebody had sent him up—I do not know who; some major or captain, I think, he said—he has been in Lord Yarborough's service seven or eight years—I have frequently entrusted him with money, 50l. and upwards at a time—I should have been more particular if I had not had confidence in him—he always acted respectably aud honestly by me—Lord Yarborough did not give me this specific sum, but his agent, Mr. Williams did—it was his lordship's money—Mr. Williams sent me a check for 2000l., which I changed at a branch bank in Lincolnshire—some of this money was the change of the check—I got local notes, and changed them for others—the 2000l. was sent to me to disburse for household purposes—it was not my duty in particular to pay the trades-people, but others acting under me, who I confided in—the house-porter's duty was to do as he was bid, to keep the hall clean, and be civil and attend to the door, to run on errands, and other purposes; that has been the practice for years—it was not for my own convenience that I gave him the money to pay instead of doing it myself—I had to go out of town; and if it had not been for his stating it must be paid on the Saturday I should have paid it myself; but he was in the habit of having it—Mr. Williams receives the rents for Lord Yarborough—he has a banking account—whether the money was produced from rents or other purposes I cannot tell—it was Lord Yarborough's money, that is all I know, I cannot tell you how he got it—the check was drawn by Mr. Williams—I have no banking account in London—all the household was busy on the Tuesday, preparing for his lordship's departure for Scotland.
MR. CLARKSON. Q. Is this the receipt the prisoner gave you? A. Yes—(read, "London, July 31, 1850, received of Mr. Faulkes 67l. 14s. 6d. on account of taxes. J. BROOKMAN.")
WILLIAM POULNEY . I am one of the collectors of the rates of the parish of St. George, Hanover-square. On 31st July last 58l. 16s. 9d. was due from Lord Yarborough for rates—that sum was not paid to me on that or any other day—Mr. Faulkes has since called and paid for one quarter, these are my notices.
Cross-examined. Q. I think you have known the prisoner for about twenty years? A. I have, not personally, but by sight—I did not know him in the service of Lord Clifton, only by seeing him at Church with the family—I have seen him as a porter at the door of Lord Cadogan—I never heard anything against his character—I always believed him to be honest and respectable.
GEORGE FREDERICK KNOX . I am a collector for the parish rates of St. George, Hanover-square—I left a notice at Lord Yarborough's house for some rates, amounting to 8l. 13s. 4d.—they were never paid to me by the prisoner.
Cross-examined. Q. Have you known him for years? A. No; I do not remember having noticed him until the last twelve months—I do not know that I should have known him had I met him in the street.
MR. PARRY submitted that there was no evidence to show that the money in question was that of Lord Yarborough or Mr. Faulkes; that it was never shown in Lord Yarborough's possession, and might be the money of Mr. Williams. MR. COMMON SERJEANT was of opinion that there was evidence of the money being Lord Yarborough's, and if it was given to the prisoner by Mr. Faulkes it was the same as if it was given by Lord Yarborough.
GUILTY. Aged 38.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Months.
NEW COURT.—Tuesday, September 17th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
CHALLIS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
GUILTY.**— Transported for Seven Years.
MR. ELLIS, JUN. conducted the Prosecution.
ELIZA SHINGFIELD . I am the wife of John Shingfield, who keeps a haberdasher's shop. On Monday evening, 2nd Sept., about half-past nine o'clock, the prisoner came and bought a pair of stockings—she gave me a 5s.-piece, and I gave her a half-crown and 2s. change—I put the crown into my purse, where there was no other: I kept it there till the next morning, and then sent it by my daughter to Mr. Reed; about half an hour after, Sivers, one of Mr. Reed's men, brought it back, and I put it into a drawer by itself—that evening the prisoner came again about nine and asked for a pair of socks—I knew her again—she gave me another crown, which I looked at and
took to my husband in the parlour—I then said to the prisoner, "You were here last night with another one"—she said she was not—I gave the crown to my husband, and he gave them both to the policeman.
ANN ELIZA SHINGFIELD . I am the last witness's daughter. On Tuesday morning, 3rd Sept., she sent me to Mr. Reed's in the Commercial-road, to pay a bill—she gave me a 5s.-piece, 2s. and some other money—I gave it to a young man there; I do not know his name—I saw the prisoner at the shop on the Monday and Tuesday night.
GEORGE DELL . I am shopman to Mr. Reed, a linendraper, of the Commercial-road. On Tuesday morning, 3rd Sept., I received a 5s.-piece, and other money, altogether 8s. 1 1/2d. from the last witness—I put it into the till, where there was no other crown-piece—about half an hour after I went to the till again, there was then 1l. 15s. there, but only one crown, which was bad—I gave ✗ to Sivers to take to Mrs. Shingfield—I should not know it again—I am sure was the one I received from Ann Eliza Shingfield.
JOHN SHINGFIELD . I am the first witness's husband. On the evening of 2nd Sept. I was in the shop, and saw the prisoner buy a pair of stockings of my wife—she gave a crown-piece in payment—on the Tuesday evening I saw her again—I detained her while a policeman was fetched—she was charged with having passed the crown; she said she took it of a gentleman in the Commercial-road—I gave her into custody, and gave the crowns to the policeman.
Prisoner's Defence. On the Monday night I was at home and in bed by eight o'clock.
GUILTY . Aged 19.— Confined Six Months.
JAMES BARROW . I work for Mr. Walker, of Spitalfields. On Sunday morning, 8th Sept., I was passing through Petticoat-lane and bought a pair of second-hand boots of the prisoner for 1s. 9d.—he had a basket of them—I gave him a King George half-crown, which he put into his pocket, and asked me if I had 3d.—I said, "Yes"—that drew my attention from him—he then said, "This is a bad one"—I said the one I gave him was not bad—he said it must be; it was the only one he had about him—I gave him in charge—I afterwards saw him searched, and a King George half-crown, and an imitation of a Queen Victoria half-crown found on him—while the constable had him he denied having any other half-crown.
Cross-examined by MR. ROBINSON. Q. Had you more than that one half-crown? A. No; I got it from Mr. Walker on the Saturday night—he paid me all in King George money.
Cross-examined. Q. Did you take him in Barrow's presence? A. Yes; the good half-crown was in a bag with other money.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined One Month.
MR. BIRNIE conducted the Prosecution.
WILLIAM FARMER . I am a labourer. On the night of 13th Sept., I was at St. Andrew's-hill, Blackfriars, between six and seven o'clock—I saw a cart there, standing still—I saw Kealy get up into the cart, unlock it, and take out two pieces of lead which he took to a rag shop on St. Andrew's-hill—he took one piece first and laid it on the counter—I saw a woman standing inside the rag shop—Kealy went to the rag shop three times, and each time he took a piece of lead, and when he came out he had some money in his hand—I am sure he is the man—I knew him by sight.
JOHN WELCH . I work for my father, a shoemaker. I was at St. Andrew's-hill on the night of 13th Sept.—I saw Kealy on the top of the cart with a key—he took out some pieces of lead three times, and took them to the rag shop—when he came out I saw him counting his money—he dropped a sixpence—there was a woman in the shop who took in one piece of lead, and then the prisoner Hale took in two pieces—the cart was about a dozen doors off.
JOHN HICKS . I work for my father, who is a jobbing-man. On the night of 13th Sept. I saw a cart at St. Andrew's-hill, and I saw Kealy take three pieces of lead out, one after the other—he took them into the rag-shop—the first time a woman served him—I could not see who served him the other two times—he came down again, and there were some men waiting for some lead.
JOHN TURNER . I am foreman to Joseph and Charles Rigby, contractors for laying down the pipes in Thames-street—our store-cart was left just by there—Kealy had the care of it—he was in my employ—I trusted him with one key, that if any things were required he might deliver them out and give an account of them—I was at the corner of Water-lane, word was brought to me and I came back and missed one hundred weight and a half of lead—I believe this (produced) is a portion of the lead that was in the cart that day—Kealy had the key of the cart in the afternoon.
Cross-examined by MR. BALLANTINE. Q. Was there any lead missing? A. I am positive there was, because I took stock at nine o'clock in the morning, and nine pieces I took in afterwards—I did not tell Kealy to take any lead to the marine-store dealers, or to remove any—I have never been in any scrape, or in custody.
ADAM SHELFORD (City policeman, 58). On 13th Sept., I went, from information, to St. Andrew's-hill—I saw Kealy with the cart and took him into custody—I then went to the rag-shop, No. 33, and saw Hale—I asked him for some lead that had been just brought in there—he said, "I have got no lead"—I said, "Yes, you have, and I shall go and look for it"—I went behind the counter, and he stooped down and took these pieces, one at a time, and put them on the counter—he said, "I did not purchase it"—I asked him why he put it behind the counter—he said he did not know—I took him to the station—I went back to search his house, and found this iron cap.
THOMAS LOVELL . I live in Carthusian-street. I am the superintendent of the works—this iron cap is the property of my employers, Messrs. Joseph and Charles Rigby—on 13th Sept. it was in the cart, at St. Andrew's-hill—the orders are, that lead and these caps are to be deposited in the cart.
Hale's Defence. A man came and asked if I bought lead, and brought three pieces—I said I should not buy them—he said, "Just stop a minute; I
will just go and fetch one of my mates"—in about half-an-hour the policeman came—he said, "Have you bought any lead?"—I said, "No; there is some brought, but I have not bought it"—I went round the counter and got it, and he took me.
(The prisoners received good characters.)
KEALY— GUILTY . Aged 25.— Confined Six Months.
HALE— GUILTY . † Aged 41.— Confined Twelve Months.
1582. MARY ANN DUNCAN , stealing 2 pairs of gloves and other articles, value 4l. 15s.; the goods of William French, her master: and ANN NEAVES , for feloniously receiving a pillow-case, a blanket, and other articles, part of the same, well knowing them to have been stolen.
MR. PAYNE conducted the Prosecution.
WILLIAM FRENCH . I am a grocer, of Oxford-street. Duncan was in my service—Neaves is her sister—on 16th Aug., in consequence of information, I sent for an officer—I went with him down to the kitchen—I found Duncan, and asked her to give the keys to the officer, she did so—we went to her room—we opened one of her boxes with the keys she gave us—we found there two pairs of gloves and two wash-leathers of mine, worth about 6s.—I had another servant, a little girl, who I should think slept in the same room—we then unlocked a closet in the same room with one of the keys, and found this large basket of tea sewn up in this cloth—it contains about seven pounds, this other basket, containing about three pounds of tea, and this canister, similar to ours, containing about two pounds and a half; these two pots of jam, and this bottle of pickle, were in the same closet; this barley-sugar, groats, two packets of starch, tin cases, and a ball of string—they are all mine—we opened another closet on the landing with another key which was on the bunch, and found in it this cash-box, and in it was this key, which will open the warehouse door, and give access to the property—this cash-box is not mine—I then went with the officer to the Commercial-road, which is about four miles and a half from my house—we there found Neaves—while we were there, a Parcel Delivery cart came up, and I saw the man take a parcel from it, and take it to Neaves' house—after the man left I went in—I saw the parcel, and the direction on it—Neaves was asked whether she knew the direction—she said it was her sister's; she knew her sister's writing—I saw it opened at the station, it contained these six bars of soap, weighing about sixteen or seventeen pounds, and worth about 8s.—we searched the house—we found some tea, and this pillow-case, which is mine—it is marked, "William Harvey," who was at one time in partnership with me—this blanket was found there—it is marked with a "W," and is similar to what we have at home—these cups are mine—they were taken from Neaves at the station by the searcher.
Cross-examined by MR. CHARNOCK. Q. You succeeded a Mr. Harvey? A. Yes; he is now dead—Duncan was not his servant—she has been my confidential servant four or five years, but she left me for about fifteen months—I do not know that she has been deserted by her husband; I believe there is something of that—she made no resistance to giving us the keys—her bed-room is at the top of the house—I have four men, three of them sleep in the house, and Duncan, and a little girl—I swear to these gloves—they are such as housemaids have to clean the house, we sell them for that purpose—I have no mark on them—I could not swear that they have not been sold—the keys that Duncan had, were the keys of ray drawers—I do not swear to these jams; they are exactly such as we have—some time ago, when we wanted a second servant, one of Duncan's daughters came, and was there a
little while—the value of all the articles found is about 6l. 17s.—I do not swear to this soap—it is in the same paper, and tied with the same string as we use—it has the same mark on it as ours has, but the man that made it makes a great deal—Duncan had fourteen guineas a year, and her tea and sugar.
Cross-examined by MR. CLARKSON. Q. I believe Neaves is married? A. Yes; her husband is in a respectable situation—I have seen him and put some questions to him respecting tea—Neaves is not charged with receiving tea in this indictment—she at once told me the writing on the paper was her sister's—two of Duncan's children are placed in Neaves' care in the house—Mr. Harvey was a relation of my wife—my wife does not live on the premises; she is there occasionally.
THOMAS HAZELDINE (policeman, D 104). I was present when Mr. French made a search in Duncan's bed-room—I have heard the account he has given, it is correct—I went to Hereford-place, Commercial-road—the parcel-delivery cart came there, and the man had this parcel in his hand—I asked him where No. 1, Hereford-place was; he said he was going there—he knocked, Neaves came to the door; he said, "I have a parcel for you, it comes to 6d."—she said she had no money, would he leave it—he said no, he would leave it at a public-house—I said I should not allow him to do so, I was an officer—I took it—I found in the house two canisters of tea—I took Neaves to the station—the searcher found on her two cups and a little bottle—she told me she found them on the prisoner—the prisoner was then close to her, but she did not say anything—I went to the house to make further search; I found two blankets which Mr. French could not identify—I went again, and found this pillow-case on the bed, with a pillow in it, and this blanket and counterpane on the bed—I found this basin in the house—this tray-cloth was found in Duncan's cupboard.
THOMAS JAMES CLUNIE . I live in Portman-street, and receive goods for the Parcel Delivery Company. I received a parcel from Duncan, tied up and directed to Neaves, in Hereford-place—I have known Duncan these five years; she has been in the habit of bringing parcels the last twelve months, and lately under very suspicious circumstances.
Cross-examined by MR. CLARKSON. Q. Is there any mark on the counterpane? A. No; it is rather an old one—I have lived there two years—I have seen it often—Mrs. French is at home.
Cross-examined by MR. CHARNOCK. Q. Would you swear to it? A. Not to the black—the green has a peculiar twist with it.
NEAVES— NOT GUILTY . DUNCAN— GUILTY . Aged 40.
Recommended to mercy by the Jury— Confined Six Months
MR. PLATT conducted the Prosecution.
THOMAS JONATHAN BURGESS . I am bailiff to the Rev. John Sanders—he has a farm at Tottenham, called Willoughby farm. On 29th Aug., I was in an out-house, and heard a fowl making a noise—I ran outside into Willoughby-lane, and saw the prisoner there—directly he heard me open the gate
he walked on—I heard a fowl falling through the hedge right opposite—I ran round to the other side and found a fowl with its neck broken—I knew it—it belonged to Mr. Saunders—I took it to him, and he told me to go for the police—there was no one but the prisoner there, but there were carts going on about thirty yards off, and two boys riding in them—they had gone within half a yard of the hedge—the prisoner was within a yard of where I found the fowl.
Cross-examined by MR. PAYNE. Q. When did you take him? A. Three or four hours afterwards.
NOT GUILTY .
ANN MAYERS . I am the wife of John Mayers. On 23rd Aug. I was passing from Eldon-street to Wilson-street—a boy came up to me with some lucifers—I do not think that I should know him again; it was not the prisoner—he came and offered them a second time to me—I was then crossing the road, some one came to me, and I found I had lost my purse containing half-a-sovereign, half-a-crown, and a sixpence with two holes in it—I had it when I was in King William-street, half an hour before.
GEORGE NEGUS . I was in Wilson-street, on the night of 23rd Aug.—I heard Mrs. Mayers asked if she had lost her purse—in consequence of that I pursued the prisoner and two other boys, who I saw running down Eldon-street—two of them were stopped, but the prisoner being the biggest, I pursued him—he took a purse out of hrs pocket, and threw it down; I picked it up, this is it—I still ran after him, but lost sight of him—I am sure he is the person that threw it down.
HENRY JOHNSON . I saw the prisoner running in Half Moon-street, about 100 yards from Wilson-street through Eldon-street—he ran past me—a young man was pursuing him—I went after him, and saw him in Dunning's-alley, at the back of my premises—I followed him to Petticoat-lane, and told the officer to take him.
JOHN LEONARD (City-policeman, 621). I took the prisoner, and found on him one shilling—I received this purse from Mrs. Mayers—there is a half-sovereign, and a sixpence in it—she took the half-crown out to reward the young man that followed the prisoner.
MRS. MAYERS. This is my purse, and the one I lost—I received it from Nevan—it has the half-sovereign in it, and the sixpence with two holes.
Prisoner. I was coming home and was taken; I did not see the purse.
GUILTY .†Aged 17.— Confined Three Months, the last Week solitary.
GUILTY . Aged 19.— Transported for Ten Years.
GUILTY.*† Aged 23.— Judgment Respited.
HENRY WINCH . I am a labourer. On 31st Aug., I was at the George Inn, Uxbridge—the prisoners came in separately—I had not known them before—Britton came in with some cards—he put three cards down on the table, and said he would bet a penny-worth of nuts to a halfpenny-worth, that I did not find the card he named—I betted with him, and found the card he named—he put them down again, and I again found the card he named—that was for a halfpenny-worth of nuts against a penny-worth—I won that three times—he then put down the cards again, and betted me sixpence that I did not find the card he named—I betted, and lost the sixpence—he put them down again, and betted a shilling; I lost that—he then put them down again, and Thompson said he could find the card he named—I betted him 5s. that he did not—Thompson said it was the middle card—he then got up from the table, and Britton took the middle card out, and put it outside, and put the outside one in the middle—Thompson then took up the card, and said he had won it—Thompson took up the money which I had placed down, and then went away—Britton went out a little time afterwards—I went out in ten minutes or a quarter of an hour after, and informed the police.
Thompson. I made the bet, and won the money.
Britton. Q. Did you not say you would bet Thompson? A. Yes—the cards were changed after I put the money down, and after the card was named.
DENNIS BAKER . I was in the tap-room that night—Thompson came in first, and then Britton—Britton put his basket of nuts down on the table, and said he would bet a penny-worth of nuts against a halfpenny-worth—Winch betted with him, and won three times—he then betted 6d., and lost that, and then 1s., and lost that—Britton then betted Thompson a sovereign on the ace of hearts—Thompson said the middle card was it—Winch betted him 5s. that he did not find it, and Britton then shifted the cards, and put the middle one to the side—he gave the money to Thompson, who walked off—I said, "You two are mates"—Britton said, "If you find me and him together, you may cut my head off with that scythe"—the sovereign Thompson put down looked very dim—I went into another public-house about half an hour afterwards, and the prisoners were there together, playing the same game.
Thompson. Q. Did you see me betting any money there? A. No; I saw you lay halfpence down on the card.
RICHARD ROADKNIGHT (police-sergeant, T 11). On 31st Aug. I went to the Queen's Head, and saw the prisoners sitting at the table together, with three cards on the table—I took them—I found six sixpences and an iron ball on Thompson, and he threw a counterfeit coin under the grate—I found on Britton two dice and a tee-totum—in going to the station, Thompson asked me several times to allow him to give the money back, for if he went to the station he knew he should get three months—at the station, we, with great difficulty, took four shillings out of his mouth, which made 7s. in all.
Britton's Defence. The cards were changed before the bet; Thompson won it and was going away.
THOMPSON— GUILTY . Aged 48.
BRITTON— GUILTY . Aged 20.
Confined Six Months.
OLD COURT.—Wednesday, September 18th, 1850.
PRESENT.—The Right Hon. the LORD MAYOR; Mr. Justice WILLIAMS; Mr. Justice TALFOURD: Mr. Ald. Hooper; Mr. Ald. WILLIAM HUNTER; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Mr. Justice Williams and the Third Jury.
MR. PAYNE conducted the Prosecution.
THOMAS WATSON . I am a labourer, and live near Prince's-Risboro, Bucks. On 9th August I was at work in the field of Mr. Hodgson, at Greenhill, in the parish of Harrow—the prisoner was at work there with me—his wife came to him after we had finished our work—she wanted money of him—he offered her five shillings—she said that was of no use to her; her children and her had not any bread—she would not take it—we then went to a beer-shop, and had one pint of beer—we then left and went on to Sudbury for another job of work—the prisoner walked on the road before me, and his wife along with him—I was about twenty yards from them—I did not hear what they were saying—they were talking, and appeared to be quarrelling—when they had got about a furlong from the public-house, the woman ran across the road; the prisoner followed her with a scythe in his hand—the scythe had a green brier or a bridle upon it—this is the scythe(produced)—the bridle was nut cut through before this happened, but I looked at it directly afterwards, and it was then cut through as it is now—the prisoner struck the deceased with the scythe on the head—she rather dropped on her knee—he only struck her once—she said, "I am murdered by my husband!" and the prisoner said, "I have killed my poor wife!"—I remained with the woman—she was bleeding very much—the prisoner went for a doctor and returned with him in about five minutes—the deceased had been taking some beer, and I think it had taken some effect upon her, and also on the prisoner—they had nothing but beer.
Cross-examined by MR. HORRY. Q. After they left the Marquis of Granby she repeatedly asked him for money? A. Yes—she used bad language to him nearly all the way we went—she was annoying and provoking him very much indeed—I did not see what money he had after leaving the beer-shop—he paid for a new scythe and for what he had had, and then had rather under ten shillings I think—he had two scythes, one over his shoulder and this one in his hand; the edge of it appeared to be secured from cutting—I was about twenty yards from the woman when she was struck—it did not appear to me that the scythe hit her in his endeavouring to stop her—he lifted it up; he did not throw it back—he was greatly concerned when he found what mischief he had done.
MR. PAYNE. Q. Did you hear any other subject of dispute between them except the money? A. No.
CHARLES O'CALLAHAN . I am a surgeon at Harrow. On Friday, 9th Aug. I was called by the prisoner—he was so confused that I did not understand at all from him what I was to do—he did not tell me who had been hurt—I went with him directly to the public high-road, and saw the deceased sitting on the raised pathway—her cap and bonnet were off; her head was covered with blood, and the blood was flowing profusely from an incised wound on the left
side of the head; it was four or five inches long, and extended from the fore part backwards—I removed the hair; the scalp was completely cut through; the upper table of the skull was cut through in a corresponding line with the external flesh wound, and much about the same length—I sponged and dressed the wound, and had her taken home to her own residence—after the first few days she went on favourably, and continued to do so for some time—she was in danger for the first eight or ten days—she continued to improve for some twelve days afterwards, and then some serious symptoms set in, and she became comatose and incoherent, and eventually died on Sunday morning, 1st Sept.—I attended her daily, occasionally twice a day, and sometimes three times—a female attended upon her the whole time, and proper attention was paid to her—I made a post-mortem examination—the cause of death was a fracture of the inner table of the skull, in a line corresponding with the cut on the external table—the fracture that caused the death was such as might have been inflicted by this scythe; there was also an abscess in the posterior lobe of the brain—I ascribe the death to the fracture of the skull, with the abscess in the brain resulting from the blow.
Cross-examined. Q. If he had struck her with such an instrument, do not you think the injury would have been greater? A. That would depend upon the violence with which the blow was struck—it might have been greater, but I have no doubt the injury was caused by such a blow—I do not think such a wound would be made by the instrument coming down on the head in the man's hand, protected as it was by the brier, and it had cut through the bonnet, cap, and a great mass of hair, besides the scalp—when I first examined the woman I perceived that she had been drinking.
COURT. Q. Did it appear that the blade had cut through the bridle? A. No; it appeared to me as though it had been turned aside—I have no doubt the brier was on the edge at the time, and when the blow was given it got turned aside—I do not think it first broke through the brier and then pierced her head.
Cross-examined. Q. Did she know she was dying? A. She said she should not get over it; she was not sensible all day on the Saturday before she died.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined One Year.
1589. JOSEPH BRAZNELL and JOHN WREN , feloniously threatening to accuse Michael Tasburgh of an infamous crime, with intent to extort money.—Other COUNTS, varying the manner of stating the charge: Wren having been before convicted.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
MICHAEL TASBURGH . I am between seventy and eighty years of age, and live at Bird Wallace-hall, near Doncaster; I am a widower, and have children and grandchildren. On 27th Aug., I arrived at Euston-square from Doncaster, and proceeded directly in a cab to the Tavistock Hotel; after dinner I walked out, intending to return and go to bed—I went through the Lowther Arcade, through a street which I do not know, to Hemming's-row—I saw something going on at a shop window, I thought the man was making billiard-balls—I stopped and looked at him; there were four or five persons standing there; Braznell was one, but I did not see Wren—I asked Braznell
if he knew what the man doing; he said, "Turning"—after that he pressed very much against me, and leant over as if he wished to look into the shop; that had the effect of pressing upon me—I believe I was standing with both hands down; in a moment or two afterwards I perceived that he was pressing his private parts against my hand; I withdrew my hand and walked away about twenty yards—he then came up to me and asked me what I meant by taking indecent liberties with him—I told him I had done no such thing—he said, "Do you think I will allow you to do so for nothing?"—a conversation took place which I cannot remember exactly, but he asked me what I would stand; it was all to the same purpose—I said I would stand nothing—he said, then I must take the consequences—I continued walking, and he followed me close—when we got to the bottom of Hemming's-row, he said I had better go into a public-house and have a glass, and we could soon settle the business; that he did not want to have any dispute, nor to be hard upon me—I again told him in the most peremptory manner I was able, "I will neither go into any house, nor give you one farthing"—he said, then he would hand me over to the police; I said I was quite ready to go with the police—I think he said, "Then you had better follow me"—I understood him to mean, to the police; I said I was ready to do so, and walked on—when he said he would hand me over to the police, I said, "Then you mean to threaten me"—he said, "No, I don't, I know the law as well as you do"—Wren was then standing in front of me—I first saw him at the bottom of Hemming's-row—I cannot tell whether he could hear all that was said, he was five or six yards off—a few minutes afterwards I saw the prisoners speak together with a third party, whose name turns out to be White—I went on walking with them both, and when we got into the Haymarket, by the bottom of Panton-street, a policeman came up, with White, who had left to fetch him, about two minutes before—Braznell said to the policeman, "That is him," pointing to me; Wren was close to me—I did not hear Braznell say anything to the policeman about Wren—I gave myself up to the policeman—I do not think Braznell had spoken to the policeman before I did so—I was locked up in the station all night—I told my story to the inspector, nearly the same as I have now—next day I was taken before Mr. Hardwick, the Magistrate, at the Marylebone police-court—the prisoners and White appeared as witnesses against me—I had no solicitor or counsel, I thought I could tell my own story better—the prisoners were examined apart, by the Magistrate's order; police were sent out with them—I then told my story—I was discharged, and made the present charge against the prisoners—I never caught hold of Braznell by the private parts, or forced down his trowsers—I took no indecent liberty with him; the moment I perceived him pressing on me I withdrew.
Cross-examined by MR. ROBINSON. Q. Have you ever been in business? A. No; I am quite independent—I think I arrived at the Tavistock Hotel at a little after two o'clock—I left Doncaster at ten—I did not dine at the Tavistock, as they have only a table d'ho✗le, and I do not like it—I dined at the Albion, in Drury-lane—I left there about eight—it was a quarter-past eight as near as I can say when I first saw Braznell, and about twenty minutes elapsed between my first seeing him, and my being given into custody, but I am not quite sure—I am pretty well acquainted with the streets of London—I have been here three times this year—I knew Panton-street, but not Hemming's-row, I do not think I was ever in it before—it is a very short street—I had gone out to walk until nine—I was five or ten minutes looking into the turner's shop—I spoke to Braznell first—there were several
persons looking in, but I only noticed a little girl—I had not to look over anybody's shoulder—I was near the window—Braznell was pressing over me to look into the shop—my hand was not at his private parts till he pressed against me—his private parts were against my hand for about a minute—I withdrew my hand immediately, and walked away—I have not been used to Courts of Justice, except in my own county—about twenty minutes elapsed from my leaving the shop till I was given into custody—I was bound over by the Magistrate to prosecute—it was about a quarter of an hour between my making my statement to Inspector Whall, and my being given in charge, it was done as quickly as it could be.
Cross-examined by MR. WOOLLETT. Q. The first time you saw Wren was at the bottom of Hemming's-row? A. At the end of the street—he might or might not have been at the window—Braznell walked with me, and Wren on my left side till we got to the end of Hemming's-row, when Wren went in front of me, and was there when Braznell threatened me.
WILLIAM OBEY (policeman, A 299). I was in Panton-street—White came up and gave me information—I went and found the prisoners and Mr. Tasburgh standing still—Braznell said he wanted me to take an old gentleman into custody for taking indecent liberties with him in Hemming's-row, and he said, "Here is my witness"—Wren said, "I saw the transaction"—Mr. Tasburgh said it was quite false, that Braznell threatened to give him in custody, and he intended to follow them till they did so; that he was an old man, but he would not put up with a charge which was false—he went readily with me to the station—Inspector Whall was there—statements were made, and Mr. Tasburgh was locked up all night, taken before the Magistrate next morning and discharged, and the prisoners were committed.
Cross-examined by MR. ROBINSON. Q. How far from where Mr. Tasburgh and the prisoners stood was it that White came to you? A. About twenty yards—in the same street.
JOHN WHALL (police-inspector). I was at the station, in Vine-street, Pic-cadilly, when Mr. Tasburgh was given into custody—he made a statement to me—I produce the charge sheet—the charge made by Braznell is "Indecently assaulting Joseph Braznell, at Hemming's-row, St. Martin's-in-the-Fields"—it is signed by Braznell, and Wren as a witness.
Cross-examined by MR. ROBINSON. Q. What time was it? A. The charge was taken at half-past nine o'clock, but there was a charge under investigation when he was brought in.
WILLIAM BISHOP . I am clerk at the Marylebone police-court. I was present when the charge was made against Mr. Tasburgh—the prisoners were examined in support of it, and also a person who gave his name White—the charge was then dismissed—I took down what they stated—(reads—"Joseph Braznell says, 'I am a lithographic printer, and live at 7, Robin Hood-court, Shoe-lane: last night, at a quarter to nine o'clock, I stopped with two young friends at the shop-window of a turner, in Hemming's-row, and looked in; the prisoner was standing there when I went up; I was there about a minute, when the defendant put his hand behind him as I was standing behind, and caught hold of me by my privates, at the same time saying, "What are they doing in the shop?"—I told him they were turning, and then told one of my friends what the defendant was doing, and to watch his proceedings; when the defendant asked me to go for a walk; I walked with him as far as the Haymarket, till I met a constable; then I gave him in charge, and my friend followed close behind us' ")—Some questions were put by Mr. Hardwick after Wren had been examined, and then Braznell was recalled, and further questions put.
(The COURT, upon looking at this further statement, considered that it was not relevant to the present charge, it only going to the credit of the party then under examination. MR. BALLANTINE then proposing to read Wren's examination, MR. WOLLETT objected, on the ground that it was not a voluntary examination, but one which he was bound to give upon oath, the Magistrate having the power to commit him if he refused, which rendered it coercive; referring to 2 Russell on Crimes, p. 855, and Rex v. Lewis, 6 Car and Payne, 661. MR. JUSTICE WILLIAMS was clearly of opinion that the evidence was admissible. Read—"John Wren sworn: 'Iam a porter, and live at 4, Little Cockpit-yard, King's-road; I was with the last witness last night, and, whilst standing by the kerb, he called my attention to what the defendant was doing, and I saw the defendant force down the last witness's trowsers, and catch hold of his privates' ")—on that being read over, he corrected it, and said, "He attempted to force them down; the defendant then asked him to take a walk; my friend did, till he came to a constable, and then he gave him into custody."
(MR. ROBINSON, with MR. WOOLLETT, submitted that the indictment could not be supported, in as much as there was no evidence of any threat to accuse the prosecutor of an infamous crime, but only of an indecent assault, which was held in Reg. v. Middleditch not to be sufficient to sustain a charge of this nature. MR. JUSTICE WILLIAMS was of opinion that there was evidence for the Jury.)
BENJAMIN GREENARD (policeman, G 153). I produce a certificate from this Court—(read—John Robert Wren, Convicted, June, 1847, of stealing paper, and confined six months)—Wren is the man—I was present at his trial.
BRAZNELL— GUILTY . Aged 22.
WREN— GUILTY . Aged 20.
Transported for Twenty Years.
(The particulars of this case were not of a nature for publication).
GUILTY of Concealing the birth. Aged 22.— Confined Six Months.
NEW COURT.—Wednesday, September 19th, 1850.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and Mr. COMMON
Before Mr. Common Serjeant and the Fifth Jury.
DOLAND pleaded GUILTY Aged 19.— Confined Four Months.
MADDEN pleaded GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 19.— Confined Twelve Months
GUILTY . Aged 30.— Confined Twelve Months.
WILLIAM PENNY . I was an inspector of police, but I am now inspector of nuisances in Clerkenwell. I was present at the June Session, 1844, at this Court, when the prisoner was tried and sentenced to ten years' transportation. On Saturday, 24th Aug. last, I saw him in Leonard-street, near Leonard-square, Shoreditch—he was walking at large towards his residence—I took him into custody, and told him it was for running away from Western Australia—he said he was pardoned, and he could show me his ticket—I told him he must do so, but he must go first to the station—he then said it was that b—y rogue Charley that had sold him—I produce a certificate of his conviction—(read, Edward George Barrington, Convicted June, 1844, and ordered to be transported for ten years)—I saw Mr. Clark sign this paper.
Cross-examined by MR. DIGBY SEYMOUR. Q. There was no previous conviction against the prisoner then? A. No; as soon as he was arrested, he said that he was pardoned, and that he had his ticket—he did not say that he had had his ticket—I believe he was partner with his brother Charles—when he was tried he was sent to the Model-prison—I believe he went to Western Australia—I do not know that he received a ticket of leave for good conduct.
JOHN JENKINS . I am the principal warder of the Model-prison, at Pentonville. The prisoner was received there on 2nd Sept., 1844, and remained there till 6th Oct., 1845—he was then removed to the Cumberland for Western Australia.
Cross-examined. Q. He came to the Model-prison from Millbank? A. Yes; I do not know how many persons went out along with him in the Cumberland—he received a ticket of leave, and was sent abroad with that party, in consequence of his good conduct—he went in the capacity of a millwright to Western Australia—he had a working dress and another dress, the same as the others had—his conduct was good from the time of his apprehension.
GUILTY. Aged 36.— Recommended to mercy.—Judgment Respited.
JOHN SOAMES . I live in York-street, Westminster. The prisoner was in my service to carry out milk—she was to serve the customers, and give me an account in the evening of what she had served in the day, and to give me the money she had received—she went out every day, and I took the account generally every night—I always took the account down from what she told me—Sarah Morgan used to deal with me for milk, and used to pay every Saturday afternoon—I have an account which the prisoner gave me of Sarah Morgan's account—on 10th Aug. she gave me an account of 6 1/2d.; on 3rd Aug. 5 1/2d.; and on 27th July, 6 1/2d., but the prisoner did not pay me them.
Cross-examined by MR. M'MAHON. Q. She told you that she had sold that quantity of milk? A. Yes; she had been in my service about three years—I thought she was honest—I knew the service she was in before for twelve months—I believe she bore an excellent character there—I had some words with her on another subject, and sent for a policeman—I had found
that this money was missing before that—it was not the officer who made me bring the case here.
Cross-examined. Q. How far do you live from the prosecutor? A. Four doors—I have known the prisoner four years and a half.
WILLIAM MILLERMAN (policeman, B 95). I took the prisoner—I told her what she was charged with—she said if they would give her about three weeks she would pay it all—I found a great many bills which she had never delivered, under the bed.
Cross-examined. Q. What day was she given into custody? A. On 16th Aug., for embezzling various sums of money—that was the charge on which she was first given into custody—I have been nearly fifteen years in that neighbourhood—I did not press the prosecutor to bring this charge.
NOT GUILTY .
JOHN SOAMES . I serve Mr. Swan with milk—Mrs. Park lives with him—the prisoner used to deliver the milk—the last account they paid was for five weeks, 6s. 6d.—I kept the book in which the prisoner gave me her account—this 6s. 6d. is not put down as paid on 10th Aug., or on 11th or 12th Aug.—it is only put down as being due—the prisoner never paid me that sum.
Cross-examined by MR. M'MAHON. Q. Here is no account of its being paid, but only of its being due? A. No; here is 5s. 11d. paid by the prisoner on 12th Aug., but that was due previous to the 6s. 6d.—I told the prisoner there was 6s. 6d. due, and asked her for Mr. Swan's book—she said the cook had not paid; she paid the 5s. 11d.—on the 12th Aug., she said that the cook had not paid her any more than 5s. 11d.—this is Mr. Swan's book—from the 5th Aug. to 11th Aug. there was 2s. 8d. due for that week—on 12th Aug. there was 3s. 2d. and 2s. 9d. paid, which made 5s. 11d., which was due up to the 30th June—the 6s. 6d. was due from the let July to the 4th Aug.—on the 7th July there was 1s. 2d. due; on 14th July 9d.; on 21st July, 1s. 7d.; on 26th July, 1s. 3d.; and on 4th August, 2s. 6d.; which she told me was 9d. too much, and told me to take it off, which made 6s. 6d.—the day I settled with the prisoner was on Monday, 12th Aug., about eleven o'clock in the morning—she paid 5s. 11d., and said the cook had not paid her the 6s. 6d.
Cross-examined. Q. How far does Mr. Swan live from Mr. Soames? A. About half the length of the street—it was on Saturday I paid the 6s. 6d.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months
GUILTY . Aged 27.— Confined Two Months.
GUILTY . Aged 16.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Six Months.
1601. THOMAS HAYWOOD , stealing 5 yards of damask, and 72 blind racks, value 2l. 11s. 6d.; the goods of James Shoolbred and others, his masters: to which he pleaded GUILTY . Aged 26.— Confined Six Months.
1602. JOHN RICHARD MARKS , stealing 500 bricks, value 16s.; the goods of Charles Innes, his master: and THOMAS LUSCOMBE , receiving the same: to which MARKS pleaded GUILTY . Aged 22.— Confined Six Months.
MR. PARRY conducted the Prosecution.
JOHN FOSTER . I am a carpenter, in the employ of Mrs. Catherine Morrison, a builder, of Denby-street, Pimlico. We had some barges of bricks at Mr. Cubitt's wharf, Thames-bank—they ought to have been delivered from the barges, 500 into each cart—we employed Charles Innes, a contractor, to deliver the bricks at Elliott's-park—Marks was in Mr. Innes's employ—I received some information; I knew there was a load of bricks missing—I went to Luscombe's yard, and found 500 bricks there, worth about 16s.—I took one brick as a sample—the prisoner Luscombe works for his brother, who is a builder.
MARK LOOME (police-sergeant, B 11). I assisted in tracing these bricks—I found them about eight o'clock in the evening, on the 22nd Aug.—they had been missed two or three hours before—in about twenty minutes the prisoner Luscombe came—I was on the watch and spoke to him before he got to the house—I asked him if he had had any bricks delivered on his premises that day—he said, "No"—I said, "Have you paid for any?"—he said, "No, I know nothing about it"—I took him to the station-house—when I got there Marks was there, and he said, "That is the young man that asked me to leave the bricks"—Luscombe said he knew nothing about it—Marks said, "Yes, you asked me to leave them; a female gave me 5s., and I was to have 5s. more the next day"—Luscombe said, "I remember seeing you leave the bricks; some female gave you 5s.; I do not know who ordered you to leave them."
Cross-examined by MR. BALLANTINE. Q. Luscombe's brother lives there? A. Yes, an elder brother, to whom the yard belongs.
JOHN RICHARD MARKS (the prisoner). I was employed to cart bricks for Mr. Innes—I saw Luscombe, and said, "I have a load of 500 bricks; is your brother in the way?"—he said, "No; won't I do as well?"—I said they would be 10s.—he said, "I cannot let you have all the money now; you shall ha.s., and 5s. to-morrow"—the prisoner was there while I unloaded the bricks—some woman, who I suppose was Mr. Luscombe's wife, gave me the 5s.—I had seen the prisoner before—I had been drawing in there at different times for Mr. Cubitt—the prisoner knew me as working for Mr. Innes—I never took him bricks before on my own account.
LUSCOMBE— NOT GUILTY .
(MR. BALLANTINE offered no evidence.)
NOT GUILTY .
BENJAMIN FAULKNER . I keep a cab. The prisoner had been my horsekeeper about three months—on 12th Aug. I gave him two sovereigns, to go and pay my duty at the Excise-office—he did not come back—I saw him afterwards at a coach-stand, and gave him into custody.
GEORGE HAMMOND . I am clerk to the Inland Revenue; Mr. John Thorborn is the collector. The prisoner did not pay me 2l. on 12th Aug. for Mr. Faulkner—it was paid by Mrs. Faulkner, on the 13th—Mr. Thorborn receives money.
RICHARD ELLIOTT (policeman, T 240). I took the prisoner into custody on 31st Aug.—I told him he was wanted at the station, for embezzlement—he said, "Oh, am I?"—he said his master gave him 2l. to pay his duty, and on his way he went into a public-house—I told him he had better not say any more.
Prisoner's Defence. My master gave me the money; I met with a person, and got drinking, and whether I lost the whole of the money, or broke into it, I cannot say.
GUILTY . Aged 29.— Confined Three Months.
ELIZA BANKS . I am the wife of George Chapman Banks. The prisoner came into my service on 23rd Aug., and left on the 25th—I came down on that Sunday morning at eight o'clock, and the prisoner was gone—I had left her in the kitchen the night before, which was where she slept—after I had left her there, she came up to my bedroom, at ten o'clock at night, and I did not see her afterwards—I took notice of her bed on the Sunday morning, and she had not been in bed—I missed a gown, four handkerchiefs, a lawn shirt, and other articles—I did not see the prisoner again till she was taken to the station—she had my gown on then—these (produced) are the other things I lost; they were safe on the Saturday night, when I went to bed.
HENRY DELL (policeman, G 249). I took the prisoner into custody—she had this gown on—she said she could take me to where we could find the rest of the things—the Magistrate allowed me to go with her—she took me to 1, Cherry-tree-court, Golden-lane—I found these other things tied in a bundle there.
GUILTY . Aged 18.— Confined Six Months.
FRANCIS DYER (policeman, B 258). I executed a search-warrant in a court in Ebury-street, Pimlico, on 6th Sept.—I waited outside, and the prisoner came, between four and five o'clock—she went into the room, and then I went in, and found these sheets, and a variety of other things—the prisoner herself produced them—I asked her if she had any more—she said, "No"—she said she had brought them away, but she meant to return them—she did not say where she brought them from.
WILLIAM ROGERS . I am master of the workhouse of St. Giles-in-the-Fields and St. George's, Bloomsbury. The prisoner was an inmate of St. Giles's workhouse nearly four years, as one of the paupers—she went out on Sunday, 7th July—she had leave to go to the Roman Catholic chapel, and she did not return—I missed some sheets, and other things, which were for the use of the poor—I received information, and sent the officer to where he
found her and this property—it belongs to the Directors of the Poor of St. Giles's-in-the-Fields and St. George's, Bloomsbury.
Prisoner's Defence. My intention was to take them back again; I had the gown on my back; I came out in it.
GUILTY . Aged 40.— Confined Four Months.
LEWIS ALLEN . I live in Houndsditch, and make cigars. On 30th April the prisoner came to my place, and said he could sell three boxes of cigars; he had a gentleman who would buy them—I said I could not go with him, but I sent Mr. Bullock, a friend, with him to the Tower Shades—he was to bring back the cigars or the money—he had three cases, containing seven pounds and a half altogether.
Cross-examined by MR. PAYNE. Q. How many times had the prisoner sold cigars for you? A. Once or twice—I had been paid for the others.
FREDERICK BULLOCK . On 30th April, I was at Mr. Allen's—the prisoner was there—Mr. Allen requested me to go with the prisoner with some cigars—I was to bring back the cigars or the money—he said he would not trust the prisoner with the property himself—I went with the prisoner to a beer-shop and coffee-house in Thames-street—he spoke to some person connected with the house, and asked whether the gentleman was there that he had spoken about previously—the person said he was gone to the Shades—I went with the prisoner to the Shades—I went in at the doorway in Tower-street—I sat down a few minutes, and the prisoner said he would go up-stairs and see if the gentleman was there—he went up, and came down again and said it was all right, the gentleman was up-stairs, and he would take the cigars up to him—I let him have them, and waited six or seven minutes—I then found that the staircase led out of the house on to Tower-hill, and the prisoner was gone.
Cross-examined. Q. Are you in Mr. Allen's employ? A. No; I am a clothier, and live at 30, Cutler-street, Houndsditch—I was born in the house, and have lived there thirty years—I have seen the prisoner before, and have been with him on two occasions with cigars, and the money was paid all right.
COURT. Q. Who carried these cigars? A. I had them in my possession first—he carried them part of the way, and so did I.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
ROBERT MARTIN . I am foreman to George Brown, and two others, chemical manufacturers. The prisoner was in their employ till 3rd Sept.—between five and six o'clock that evening I saw some lead under some dirt near a wall—about a quarter-past six I saw the prisoner—I called him, and charged him with stealing the lead—he said he had taken some lead, and put it on his clogs—there was some sheet lead on bis clogs, but I told him that was not the lead I wanted, and if he did not give it up I should give him into custody—he then took two pieces of lead from his bosom, went into the office, and delivered up some more pieces from his bosom, and a few copper nails: we had such in the manufactory—I knew the two pieces of lead; they belonged to a pump, and were what I had seen by the wall in the dirt.
Cross-examined by MR. M. PRENDERGAST. Q. Where do the prosecutors
live? A. At Bromley: they make vitriol—the persons in the place do not use leaden shoes, the oil of vitriol is injurious to their clogs—it is not common for men to put lead on their clogs; I never saw it done—I have seen this lead in my master's possession—I will swear to it, but not by any particular mark.
(The prisoner received a good character).
GUILTY. Aged 55.—Recommended to mercy by the Jury. — Confined One Month.
THIRD COURT.—Wednesday September 18th, 1850.
PRESENT—Mr. JUSTICE TALFOURD; Mr. Ald. KELLY; and Mr. Ald.
Before Mr. Justice Talfourd and the Seventh Jury.
1609. MARTIN ST. LEDGER, JOHN ST. LEDGER , and MICHAEL M'DONALD , feloniously cutting and wounding Thomas Frederick Steer, on his right leg, with intent to do him some grievous bodily harm.—2nd COUNT, with intent to maim and disable him.—3rd COUNT, with intent to resist and prevent the lawful apprehension of John St. Ledger.
MESSRS. CLERK and PARNELL conducted the Prosecution.
THOMAS FREDERICK STEER (policeman, D 30). On 22nd August, about two o'clock in the morning, I was in Bell-street, New-road—I received information from Knight, and in consequence went with him and Pierce to the prisoner, Martin St. Ledger's house, 75, Devonshire-street, Lisson-grove—it is a beer-shop—while we were outside, I heard as if persons were playing at bagatelle inside—I heard numbers counted, 3, 6, 9, 21, 23, 46, balls rattle, and persons in conversation, and 6d. or 1s. clink upon the table—I knocked at the door, and a person who I recognised by his voice to be Martin St. Ledger, said, "Who is there?" I said, "Police!" and he said, "Go round to the front-door"—the door I went to first, is a side-door in a court—I went round to the front-door, which is in Devonshire-street, waited five or six minutes, and while doing so I heard several persons going up-stairs, and the rattle of glass—Martin opened the door in five or six minutes, and I then got to the front of the bar; I found no one there—there was a middle door, which goes into the bar, secured by a wedge, and I said, "Where are the people who were here?"—he opened the door, and said, "If there are people there you had better find them"—I looked, and did not see any one—I said, "I am certain you had people playing at bagatelle"—he said, "There is no bagatelle-board here"—I said, no doubt it was a portable one—I did not go up-stairs—sergeant Pierce looked behind a door which shuts against the staircase, and directly he pulled that back, a man and a woman came down-stairs; Knight said, "What are these people here?"—we had been in the house before that night, and Martin said, "You have been here before, and I will serve you out for this"—I said, "Why you are drunk"—he said, "Well if I am, I am in my own house"—the man who came down, was John St. Ledger, and he directly struck Knight on the side of the head, which knocked his hat off—I was at the sill of the door at the time, and I turned farther round to expostulate with him, he made some observation which I
did not catch, and struck me a tremendous blow in the left eye—I turned round and drew my staff, and then M'Donald ran down-stairs, and the whole three closed on me before I had time to use my staff—that was the first I saw of M'Donald—I did not know him or John St. Ledger before—directly they closed on me there was a scuffle between us, and the side-door in the court was opened by some one, and I received a violent blow behind, which knocked me down in the doorway—I do not know who the blow came from—Pierce was then in the court; he had got out, and I was following him—when the blow was given, Knight was following me, and he got out by a blow which sent him past me; the door was open—directly I was down, the door was closed on my right leg—I was on my face—I hallooed to them to open the door, that my leg was in the door; and I called to the other constables to get me out, and some one inside twisted my boot round, and tried to get my leg out without opening the door: that did not succeed—I remained about five or six minutes with my leg shut in the door—I continued calling out for them to open it—it was ultimately forced open by Cooper—Pierce dragged me out, and I was carriedfhome on a stretcher—I had two large wounds on my anklebone, and I was bruised very much on the right side; there was not a great deal of blood—I have not been able to go on duty since—I had not used my staff on the prisoners at all, I had only drawn it.
Cross-examined by MR. COOPER. Q. How many of you went to the house? A. Me, Knight, and Pierce—it was the side-door my leg was in—the door appeared to open inward—I could not see what the other constables were doing while my leg was in the door; I was lying on my face—I knew Martin St. Ledger before—he has reported me, and I reported his house—I never said I would send him for seven years—he reported me for calling him an Irishman—I swear that was all—he had been drinking that night, but was not insensible—I did not draw my staff until I was struck in the eye—I had my uniform on.
Cross-examined by MR. PARRY. Q. Did you search the house entirely? A. No; we are not justified in going to the private apartments—I found no board or implements of play—we had looked in the tap, bar-room, and stain, and were going out when Knight received this blow, and I was struck—we had done nothing to aggravate them—I never called Martin "Irish" or anything else—I remonstrated with him for having card-playing there two Sunday nights—John is his brother, and I have heard that M'Donald is a relation—I do not know that they all live in the house—M'Donald was in his shirtsleeves and waistcoat, without any shoes or nightcap—I could not see who it was tried to get my leg out of the door—it is getting well, but it will be some time before I shall be able to take to duty—I was hurt very much by the twisting round—they all appeared to have been drinking.
COURT. Q. The object in twisting your foot was to get it out? A. Yes.
JAMES PIERCE (policeman, D 26). About two o'clock on the morning of 22nd, I went with Steer and Knight to this beer-shop in Devonshire-street, kept by Martin St. Ledger—while outside I heard sounds which appeared to be bagatelle balls, and heard numbers counted, 3, 9, 21, and glasses rattle "we knocked at the door—I said we were police—we were told to go round to the other door, and we should be let in—about five minutes after that, Martin let us in—while waiting we heard sounds of several people going up-stairs—when the door was opened I said to Martin, "Where are the people who were playing at bagatelle or skittles?"—he said there were no people—I said, "It is wrong for you to have people playing at this time and drinking, and you drunk"—he said, "If I am drunk, I an in my own house"—I said,
"Very well, that will do; let me out", and I went out; Steer was following me, and Knight after him—as we were going out, John came down-stairs with a woman, and said, "Hallo, what is the matter?" and struck Knight, and knocked his hat off, and he staggered out at the door—the door was closed, and Steer's leg came between the door and the door-post, and the door was closed upon him—Steer cried out, "My leg, my leg! open the door"—I should say the door was kept closed five minutes, during which time I cried out to the persons inside, "Open the floor; you will break the man's leg!"—I did not get any answer—I sprang my rattle—some other constables came up—we then pushed the door open, and got Steer away—when we got him into the street be fainted—when the door was pushed open, I saw Martin and John St. Ledger—I did not see M'Donald.
HENRY JAMES COOPER (policeman, D 67). On this night, some time after two, I heard a rattle sprung, and in consequence went to Devonshire-street—I saw Fierce springing a rattle, and Knight pushing the door—I did not see Steer—I helped to push the door—we succeeded in pushing it open—I saw John St. Ledger and M'Donald inside—I fell in when the door flew open.
Cross-examined by MR. PARRY. Q. Do you mean Steer might have been there, and you did not see him? A. Yes; Pierce and Knight were at my side; he might have been the other side of them.
MR. PARNELL. Q. How was the door when you got up? A. Ajar: I fancied there must be something to prevent it shutting entirely—Pierce said to me when I went up, "Open the door; they have broken his leg."
GEORGE WILSON . I am a surgeon—I attended Steer on 22nd Aug., I examined his leg, and found two serious bruises and one lesser one, just in that state to call them bruises—the skin was abrased; I mean shared off—a little blood had flowed—it was an abrasion of the cuticle—that part which was shaved off one end of the wound was at the other.
Cross-examined by MR. COOPER. Q. Was the epidermis cut through? A. Yes, but not the dermis—there was a mere effusion of blood, very slight—the after course of the case was very different—the parts were so jarred that the vitality was destroyed—it was rather a contusion.
COURT. Q. Was the cuticle severed at all? A. It was only the scarf skin in the first instance, but it fell and sloughed away afterwards.
GUILTY of a Common Assault. (M'Donald was recommended to mercy by
MARTIN ST. LEDGER. Aged 29.
JOHN ST. LEDGER. Aged 32.
Confined Three Months.
M'DONALD. Aged 23.— Confined One Month.
MESSRS. CLERK and PARNELL conducted the Prosecution.
(The evidence of Steer in the last case was read by MR. JUSTICE TALFOURD.)
THOMAS KNIGHT (policeman, D 69). On 22nd Aug., at a quarter-past two o'clock, I went with Steer and Pierce, to Martin St. Ledger's house; after a little time we were admitted—Steer's evidence is substantially correct—John St. Ledger came down, and struck me on the side of the head—that was the commencement of the assault—I was struck out into the court, and
Steer's leg shut in the door—after he had been so some time, Cooper came and assisted in pushing open the door, and he got in—I stopped to get Steer's leg out—the door was closed again, and Cooper shut in—while the door was closed, I could hear words and blows—I heard Cooper say, "Don't hurt me, don't hurt me"—I could not hear what the others said—I should think it was five minutes before the door was opened—during that time I was trying to get it open, and springing my rattle—Anderson, another constable who is not here, came up—we got the door open, and I saw Cooper with his head and face covered with blood—Martin was in the middle of the room just at the end of the stairs; he had nothing in his hand—John stood on the stairs with a stick, which was thicker, but not much longer, than our staves—M'Donald was below him on the stairs with something that looked like a poker in his hand, sticking over or through the bannisters, and there was a woman holding a lighted candle—I went to the bottom of the stairs, and John said, "Come on you b—s, I will kill every one of you"—Martin stood at the bottom of the stairs, and said, "Don't let the b—s come up"—he called out to John and M'Donald—he could see them from where he stood—Cooper held by me, and said, "They have killed me," and directly he got out he fell down outside—I took Martin into custody on his using those words—when I took him out of the house, Hankins and Clark were there.
Cross-examined by MR. PARRY. Q. How many police were there when you first got in? A. I went in with Steer and Pierce—when I went in on Cooper's business, Anderson was with me—I believe Pierce was with Steer—I had my staff in my hand; Cooper had not his—I do not know that it was taken away from him by one of the prisoners—I cannot swear whether it was a policeman's staff John had—it looked to me larger, and not painted—that which was taken away from M'Donald was the handle of a shovel with the bowl broken off, not a poker—I did not use my staff—I did not strike a single person to my knowledge, not intentionally, I may have hit somebody in the scuffle—John St. Ledger was not struck while I was there—they were all covered with blood, excepting Martin—I took him—I did not ill-use him—I handled him rather roughly; 1 was obliged to do so—I did not see Clark strike M'Donald at the station—inspector O'Brien was there, he is not here to-day that I am aware of.
Cross-examined by MR. RIBTON. Q. How long have you known Martin? A. Nearly two years—I never had any quarrel with him, nor had Steer, that I am aware of—I heard from other constables that he said he would report Steer, but I do not know that he ever did it—I reported to Steer this night that the house was still open, and that they were still serving beer, and he requested me to go there with him—I went with him and Pierce—we went to the side-door first, and Martin said, "This is not your door, go to the front-door and I will admit you"—I expect to get nothing further for this prosecution than my expenses to-day—we had not our staves drawn when we first went—we found no gaming instruments.
MR. PARNELL. Q. M'Donald and John St. Ledger were covered with blood, you cannot say whether it was from Cooper or the others? A. I do not think that it was from Cooper's wounds—Cooper was covered with blood; the second time we went, after Steer's leg had been crushed, it was to take them into custody.
HENRY JAMES COOPER (policeman, D 67). On 22nd Aug., I heard a rattle in Devonshire-street, went there and found Knight knocking against the door—I put my shoulder to the door—we succeeded in forcing it back a little way, and I saw John St. Ledger, and M'Donald run from the door on to the stairs
—the door flew open, and I fell forwards into the house—Martin was behind the door, and closed it immediately—I went to open it, and be pushed me away—I asked him to open the door; he did not do it, and I received a blow which caused my hat to fall—I do not know who did it, or what it was with—I then saw the other two prisoners standing at the foot of the stain, and they commenced striking me several times—M'Donald struck me twice on the forehead with a pint pewter pot, which caused the blood to flow, and John said "Give it the b—," and struck me a tremendous blow on the top of my head with a poker, it appeared to be a poker, it had a knob to it—I became insensible, and do not recollect anything more till I found myself lying in Devonshire-street covered with blood—when John struck me Martin was behind the door, holding it—my staff was in my coat-pocket, I did not take it out at all—no other constable was in the house at the time—Mr. Wilson has been attending me since—I have not been on duty, I feel the effects on my head now.
Cross-examined by MR. PARRY. Q. Had you been on friendly terms with them before? A. I had never had any rows with them—I never had ale there while on my beat—I did not on that very evening halve a glass of ale, and pint of half-and-half there—I have never drunk there—we are allowed to drink while on duty by applying to the sergeant—I did not see Steer—John and M'Donald were on the foot of the stairs when I was struck—I did not see whether M'Donald was without shoes, or whether he had a coat or waistcoat—there was a gas-light in the parlour.
Cross-examined by MR. RIBTON. Q. Whereabouts are the stairs with respect to the door? A. Behind the door—when the door opens, the end of it nearly touches the staircase—I was in the passage going towards the stairs when I received the blow—there are three doors and a staircase in the passage, and I was in the centre, about a foot from the door—Martin was behind the door, but not in a position to have opened it; he was where the hinges an—the other two ran away from the lock of the door—the door was on the jar—Martin could not reach the lock from where he was.
MR. CLERK. Q. While M'Donald and John were beating yon, did Martin pass you to go up-stairs? A. No; he stood at the door and kept it closed the whole time.
COURT. Q. At that time you did not want to get into the house; what was your object in pushing? A. When I came up, Knight was pushing at the door, and Pierce said, "Open the door, they have broken his leg"—I pushed in their aid, fell in, and Martin closed the door immediately.
JAMES CLARK (policeman, D 268). I heard a rattle, went to this house in Devonshire-street, and saw Steer lying on his back on the pavement, and Cooper standing near the wall covered with blood—I cannot tell whether Cooper was sensible, he could not hold his head up, and the blood was running off his hair—there were from six to a dozen people near the door—I saw John St. Ledger and M'Donald just outside the side-door, in their shirtsleeves—they ran to the door—in consequence of what Pierce said, I and Hankins went into the house and found John and M'Donald on the stairs, and Jane St. Ledger, the wife of Martin, with a fire-shovel in her hand—I did not see Martin—John had a truncheon in his hand; I believe it was not a policeman's, it was longer and larger, and M'Donald had something like a poker (producing a shovel-handle)—I asked them to come down quietly, and told them they were wanted for assaulting the police—John said, "You b—s, if you come here I will kill every one of you," and he came forwards,
striking me and Hankins—M'Donald commenced striking with the poker and the woman with the shovel—my hat came off, and after I was struck I drew my staff—they were all three on the stairs—I was parrying the blows off with my truncheon, and one which was coming on Hankins' head split my truncheon; this is it (produced)—there are marks where the poker came on it several times—at one time they changed.; the one that had the poker took the truncheon, and the other the poker—this was going on seven or eight minutes—I was wounded in two places, on my head and on my hand—there was a good deal of blood—I did not strike the prisoners at all—they had no blood on them when I went in, but they fell down-stairs, and after that they had—I do not know how they got the blood—the light was out—when they fell, they were striking me and Hankins as quick as they possibly could.
Cross-examined by MR. PARRY. Q. Were they striking about at such random that they may have struck each other? A. M'Donald was one step lower down than John, and he might have struck him in striking over his head at us—I have no actual knowledge how they received the wounds—I swear I do not remember striking one of them at the station—Inspector O'Brien did say, "Clark, you had better go and sit down"—I was very much excited from loss of blood—I will not swear I had not a staff in my hand at the time—I do not know where the truncheon is that was in the prisoner's hand—I do not know that it was one that had been wrested from Cooper—it is not here—I have no doubt that it was larger than a policeman's—I cannot say whether M'Donald was in his stockings; he was in his shirt-sleeves; I believe his waistcoat was not off.
Cross-examined by MR. RIBTON. Q. How long have you been in the force? A. Nearly nine years—I never had a quarrel at this house before—I did not see Martin at all—I was there perhaps a quarter of an hour.
GEORGE WILSON . I attended Cooper, on 22nd Aug.—I found him half stupid, muddled—I found one wound over his eyelid, one in the forehead, and one scalp-wound—the last was a very serious one; it was three and a half inches long, and extended to the bone, it bled a great deal—his life was not in danger at the time, but I considered it was for the next two days—he was delirious—the other wounds were less serious—I am afraid he will never completely recover the effects—the wound was of such a nature as might be produced by a blow from such an instrument as this shovel-handle—I should imagine it was done with the sharp end—the man is not fit for duty—he is one day well, and the next flags again—I was obliged to put leeches on him on Saturday—he may be able to resume his duty, but I am afraid not to make an efficient constable.
Cross-examined by MR. PARRY. Q. You will be better able to judge in a little time? A. Yes; it is but three weeks ago—I examined John St. Ledger's head, and found four wounds—I do not call them severe, after speaking of Cooper's—the bone was not cut—there was a good deal of blood—there was one in the chin, which I cannot imagine how he got—that was not a severe wound; it was not quite to the bone—M'Donald had a scalp-wound; the bone was not cut; the covering of it was—they were the sort of wounds I have been in the habit of seeing on persons whose heads have been beaten about by the police, such as a truncheon would have made.
MR. CLERK. Q. Was Clark also wounded? A. Yes, on the forehead; and a man of the name of Ison was also wounded.
COURT to HENRY JAMES COOPER. Q. Had you your staff with you?
A. Yes; I did not take it out—I have it here now—I am quite sure it was not in the possession of any of the prisoners that night—I have had it ever since.
JOHN ST. LEDGER—Aged 32.
MARTIN ST. LEDGER—Aged 29.
GUILTY of a Common Assault. —
Confined Nine Months more.
(There were two other indictments for assaulting Clark and Knight)
GUILTY. Aged 58.—Recommended to mercy by the
Prosecutor.— Confined Two Months
1612. DANIEL DOWD , burglariously breaking and entering the dwelling-house of John Goddard, and stealing 1 watch, value 12s.; his property: also stealing 24 cigars, value 4s.; the goods of Rosa Cohen; having been before convicted: to all of which he pleaded
GUILTY . Aged 20.— Transported, for Seven Years.
MR. RYLAND conducted the Prosecution.
MATILDA COLLARD . I am the wife of Thomas Collard, a policeman, and live in Eccleston-place, in the parish of St. George, Hanover-square. I know George Stevens—on Thursday afternoon, 3rd Sept., I saw him in Eccleston-place with his child, bowling the child's hoop—I also saw George Fox there—I knew him before; he lodged at our house—the child's hoop struck Fox's leg—he put his hand on the top of the hoop, and smiled—George Stevens was about a couple of yards from him, and said, "You b—, if you do not leave hold of the hoop, I will punch your b—head"—Fox said, "If you do, I can do the same"—they then both struck each other one blow—Mrs. Stevens came out of the beer-shop, took Fox by the collar, and pushed his head against the shutters—he had nothing on his head—Hayes then came out and struck him on the head, and two or three more rushed on him as well, and kept striking him till they got him across the road—they got him near a cart, and Hayes struck him down, with his body across the shafts of the cart, and his head was lying on the ground; and Mrs. Stevens took him by the hair of the head and knocked his head on the stones—I cannot say on what part of the body Hayes struck him—they lifted him up, and Hayes knocked him down again—the other two prisoners were close to him at the time—Hayes knocked him down several times after that—the Stevens's were striking him while he was down—he got up by himself, and he and Hayes fought again—Hayes knocked him down again, and he came on the side of his head in the road; and Hayes knocked him down again, and that was the last blow, it was under the ear—he did not get up till he was picked up, and carried away to my house—he was insensible—a medical man was sent for—I had seen him before that day, about two o'clock—he was a little the worse for liquor, and went to bed and slept—this happened about five—he was a little the worse for liquor when he went out—his hat was knocked off.
Cross-examined by MR. M. PRENDERGAST. Q. How long had you known Fox? A. About three months—he was a tall man, about twenty-nine years old—he was not particularly stout, he was not thin—I cannot say anything
about his strength—he had left my house about twenty minutes before—I never saw him the worse for liquor before—I never saw him violent—Hayes was inside, or at the door of the beer-shop, at the beginning of it—I was standing at my door, which is in a straight line with the beer-shop, joining it, and the fight was two doors further—Hayes came out as soon as Mrs. Stevens struck Fox—he had no chance of going away after he was struck there were three or four others on him before he could—he struck, but I did not see who.
Cross-examined by MR. PAYNE. Q. Stevens was trundling the hoop to amuse the child? A. Yes; I cannot say whether Fox or Stevens struck first—I will not swear that Fox did not strike Stevens on the breast first—they had struck one blow each, when Mr. Harwood said, "Have no more of that"—Fox struck Mrs. Stevens—I do not know whether be was fond of fighting; I never heard of his having killed a man in a fight—I did not know him before he lodged with us—I cannot say whether he got into a disturbance the day before.
COURT. Q. You say Fox struck Mrs. Stevens; was that before Mr. Harwood said that? A. After; she took him by one hand, and knocked his head against the shutter, and it was after that that he struck her—he was a fishmonger's man—Stevens's child, I should think is between two and three years old.
WILLIAM CLEAVER . I live at 40, Eccleston-place. On the afternoon of 3rd Sept. I was at my door, and saw Stevens bowl the hoop against Fox's leg—he trod on it, and turned it upward, and put his hand on the top—Stevens said, "Leave go, or else I will give you a slap on the ear"—Fox said he would give him another—Stevens put himself into a fighting attitude, and Fox the same, and struck Stevens on the breast—I did not see Stevens strike him—Mr. Harwood went between them, and parted them; and when he bad got them nearly apart, Mrs. Stevens came up, seized Fox by the breast, and drove his head against my shutters—Hayes then ran up from the beer-shop, about two doors off, and seized on Fox, with Mr. and Mrs. Stevens—he hit him with his fist as fast as he could; I could not count the blows—there was a cart there, with the shafts lying down, without any horses, and as Fox was walking backwards be fell over the shafts, with his head on the ground and his heels upwards—it is a Macadamised road—he got up, and tried to keep them off him—three or four more ran out from the beer-shop, and closed in with the Stevens's—the mob gathered round, and hid the fight from me, and I saw no more—when Fox got up he seemed confused and frightened, and very red in the face.
Cross-examined by MR. PAYNE. Q. Did you know the deceased? A. No, nor any of them.
ROBERT HARWOOD . On the afternoon of 3rd Sept. I was in Eccleston-place, talking with Cleaver—I saw Stevens and his child, and the hoop—I saw Fox coming along the pavement, in an opposite direction to Stevens—I cannot say whether Fox stumbled against the hoop, or whether the hoop ran against him, but they came in contact—a dispute arose, and then Fox struck Stevens first—Stevens then put himself into a fighting attitude—I got between them to separate them; and I believe, if it had not been for Mrs. Stevens interfering, I should have separated them; but she came up, and fought right and left, most manfully, into Fox's face—Fox then struck her on the face—whether he intended it for her or Stevens I cannot tell—the blood poured down from Mrs. Stevens's face—she then caught hold of his hair, and drew him across the road, and three or four more men pitched into him as well as
they could—I do not know who they were—I cannot say that I saw Hayes till he was in custody—when they fought acrota the road they were all together, till they got against the cart, and Fox fell across the cart—I cannot say where his head was—a man, not in custody, went to him, and I said, "Fair play; I am an officer."
COURT. Q. Did Fox ever get up again, as far as you saw? A. I did not see whether he did or not—I did not see any more, because this other man fell on me, and I had to take care of myself—I cannot say whether Mrs. Stevens was at the cart or not—I cannot say who pushed Fox over, or whether it was by accident.
ELIZABETH COOPER . I live at 19, Eccleston-place. On this afternoon I was looking out of window, I saw the hoop go against Fox—I saw him strike Stevens, and as soon as he had struck him, his wife came out of the beer-shop, took hold of Fox, struck him, and there was a scream; several came out of the beer-shop and began to fight with Fox till they got across the road, then they fell, and Fox fell under the cart by the blows he received from the men—Hayes was one of them, and another man who has escaped—I did not see the Stevens's strike him at the cart, but they were round—his head turned round under the cart—Mrs. Stevens was close to him, but could not get at him—she came round to the back of the cart, took his hair, and beat his head on the stones while he was lying on the ground under the cart—Stevens was standing by, but not doing anything—Fox was assisted up by the crowd, and there was "Shame!" cried—Hayes and the deceased then commenced fighting, and Fox fell opposite my window, his head came on the ground; it seemed a very bad fall—I ran down to protect my children, who were at the door, and when I got down he was on his feet again—I was close to him then, and he was deliberately struck down by Hayes at my feet; his head came on a stone that projected up, such a stone as they pave mews with—he did not get up again—I exclaimed that he was a dead man I he did not move, and was taken away.
Cross-examined by MR. M. PRENDERGAST. Q. Is your house opposite Collard's? A. It is on the other side, but a great deal higher up; I saw the whole of it—Fox did not strike Hayes till Hayes struck him—Hayes came out of the beer-shop about five minutes after it began, when the screams were.
COURT. Q. Was that when Mrs. Stevens was struck? A. Yes; there was blood flowing from her face.
MARY ANN BROWN . On the day this happened, I was drinking tea at a house in Eccleston-place—I heard a noise, went out, and saw several persons—Mrs. Stevens's nose was bleeding very much—she struck Fox in the face, and he struck her again—her husband then came forward, and fought with Fox—Hayes said he did not like to see a woman used like that, and Fox said he would fight them all—Hayes and Fox fought one round, and they both fell—they stood up again, and stood a minute or two before they fought again—they then both fell again very heavily, in the gutter—Fox's head seemed to crush by the fall, and he never rose again—Hayes fell upon him—I put my hand under his head, and saw the blood flowing from his ear—I did not see any blood till he fell.
COURT. Q. Did you see any woman knock his head against the ground when he was down? A. No; I did not see the beginning of it, I only saw two rounds with Hayes—if Mrs. Stevens bad done so, I must have seen it—they are perfect strangers to me.
female prisoner's nose bleeding—I had not seen anything done to her to cause it—I saw her husband there, and the deceased—Hayes stood up, and fought the deceased—they both fell—Hayes got up, picked him up, and they both fought again—they fell down in the gutter—Hayes got up, picked him up, and he was carried into a house.
COURT. Q. Did you see Mrs. Stevens beat his head against the ground? A. No; I do not know whether I must have seen it, if it happened.
HENRY GRAY . I am house-surgeon at St. George's Hospital. The deceased was brought there on 3rd Sept., about half-past six o'clock, by two policemen, Collard and Thompson, I believe—he was perfectly insensible—I examined his head, and found a small wound or graze on the front of the right temple, and blood flowing from the right ear, which is a most dangerous symptom—he rallied the next morning between five and six, became partially sensible, and remained so till one in the morning of the 6th, when I was called, and found him perfectly insensible, and he died at half-past six—I made a post mortem examination, and found a graze in front of the right temple, and a fracture at the base of the skull leading into the right ear, which would account fur the blood, and a large quantity of extravasated blood between the bones of the skull and the membranes: that would cause death—it might be occasioned by a heavy blow, or a fall.
Cross-examined by MR. M. PRENDERGAST. Q. Was the appearance of the brain like that of a person given to drink? A. I found no appearance to lead me to the belief that the man had been an excessive drinker—I cannot tell whether he had been drinking at the time of his death—fulling on the kerb might have occasioned the fracture to the bone of the skull.
THOMAS COLLARD (policeman, B 15). I found the deceased lying on the ground in Eccleston-place, bleeding from the nose and ear—he was insensible—I saw him carried into the house—I saw his body at the hospital after death—I apprehended the prisoners.
GEORGE STEVENS and CATHERINE STEVENS— NOT GUILTY .
HAYES— GUILTY . Aged 22.— Confined Three Days.
MR. METCALFE conducted the Prosecution.
GEORGE PIERCY . I live at 15, Ton bridge-place, New-road, in the parish of St. Pancras. On the night of 23rd Aug. I went to bed about twelve o'clock—the premises, kitchen, and shoe-house were perfectly secure and the shoe-house window was not broken—the bolt of the door is about twelve inches from the window—the shoe-house door leads into the area, and there is merely a door between the kitchen and the shoe-house, the roof of which is the stone at the front door; when you get into the kitchen you get into the house—about half-past one some one awoke me—I looked out of window and saw a female coming from the road up the front garden—she was within the enclosure, and there were apparently one or two more persons outside—I went down and opened the street-door as quickly as possible, and saw a female in the area inside the shoe-house, the door of which was open—I am quite sure she was inside—I leaned over the area railing, and said, "There you are"—she did not make any noise, and I said, "Come out of there—I I gave the same person in charge to M'Kenzie—I will not swear to the prisoner, there was not light enough—I dressed and went to the station, and after that went to the area, and found the glass of the shoe-house window broken near the sash—some of my family had fastened the door up again—a geranium-pot
was removed from the kitchen window to the front door—the woman screamed and made a great deal of noise, and said, she should have twenty years of it.
Cross-examined by MR. M'MAHON. Q. Is the shoe-house on the opposite side of the area to the house? A. No; it is at one end occupying the whole space—you do not pass through two doors from the kitchen to the shoe-house—you do not go out of doors to get to it, or into the open air—the woman appeared to be surveying the premises, just looking about—she appeared very drunk, but I do not think she was—nothing was taken away from my house.
WILLIAM GEORGE M'KENZIE (policeman, S 283). About half-past one o'clock, on 24th Aug., I heard a cry of "Police!"—I went up Mr. Piercy's garden, and saw the prisoner standing four steps up the area ladder—I said, "Halloo Polly! what have you been at now?"—the prosecutor was in front of the area gate—I laid hold of her—she pretended to be very drank, laid down on the flower-bed, and said, "The thieves are in the kitchen"—I left her with Mr. Piercy, and went with Collins, his nephew, to the kitchen—I found the door bolted and barred inside—I went out and found the shoe-house door open, and a square of glass by the side of it broken—another constable came—we led the prisoner out of the garden—she said she could not walk with the other constable—she walked five or six yards quite straight—in my judgment she was sober—when we got to the station she said she should get lagged; she should get seven years.
Cross-examined. Q. How long have you been in the police? A. Three years and two months—I have prosecuted at this Court three times—none of those persons were drunk—I did not smell the prisoner's breath—three of us had to carry her to the station.
Cross-examined. Q. Was it moonlight? A. Yes; and there was a gas lamp.
COURT. Q. Did you see any person in the house? A. No; I saw a man and woman come from the next garden, and get over a low wall—there was another woman who appeared looking about.
NOT GUILTY .
OLD COURT.—Thursday, September 19th, 1850.
PRESENT—Mr. Justice WILLIAMS; Mr. Justice TALFOURD; Mr. Ald.
HOOPER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CARDEN; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
GUILTY . Aged 19.— Transported for Ten Years.
Pancras. On Thursday, 15th Aug., I went out about eleven o'clock in the morning; I shut the window down, fastened the door, and left no person in the house—I returned early iu the afternoon, and found the parlour-window wide open, and the table-cover and looking-glass gone—they had been safe when I left—a person could lift up the window from the outside, by climbing up the front under the window, so as to reach inside.
ELLEN CARTER . I live with my father and mother in Little Brook-street. On Thursday afternoon, 15th Aug., I saw the prisoner walking up and down in front of Mrs. Law's house, for about two hours—I then saw her lay herself on the window-sill, open the window, and take the looking-glass and put it down; she then took the table-cover, and wrapped it round the glass—I am sure the prisoner is the person—I had never seen her before, bot I noticed her for two hours—I saw her again next day.
Prisoner. Q. Why did you not stop me, if you saw me take it? A. Because I thought you might hit me—I told the person next door.
Prisoner. I said 31, Crown-street. Witness. No; she said 63.
Prisoner's Defence. I never was at the woman's house; very likely some of her lodgers took the things.
GUILTY . Aged 45.— Confined Six Months.
Before Mr. Justice Williams.
MR. PARNELL conducted the Prosecution.
JOHN TOWERS . I am the father of the deceased—his name was Albert Arthur—he was seven years and ten months old—I saw him when he was home for dinner on 22nd July, between twelve and two o'clock—he then west to afternoon school—I saw him next a little before seven—he was then in bed at home, and was suffering very much indeed; he had been severely scalded down the neck and body—he died on 29th Aug.—Mr. Pearce attended him, and Dr. Lavies was also called in at Mr. Pearce's suggestion.
Cross-examined by MR. CLARKSON. Q. I believe the prisoner offered to pay every expense connected with this misfortune, did he not? A. No; he offered me 30s., and 15l. would not pay my expenses—I said, in case the child did recover, if he agreed to pay the doctor's bills, and all the expenses, of course I would consent to iorego proceedings against him, by the Magistrate's consent—he said he was sorry it was done, and he wished to make every recompense—it was in consequence of that I spoke to him.
EMILY JACKSON . I am in service in Churton-steeet, Vauxhall-bridge-road. On Monday, 22nd July, 1 was in Vauxhall-bridge-road at five o'clock in the evening—I do not know the prisoner, I have seen him at the toll-gate, and knew him as the person living there—the toll-house is in the middle of the road, with a passage on each side for carriages—there are two gates—they open towards Vauxhall-bridge, and the ends of them, when open, are against the pavement—I saw the deceased child crossing the road with another child; they had hold of each other's hands—they passed by the back-part of the toll-house—there is a window at the back—I think I could reach it from the ground—the children passed I think about a yard or two yards from the toll-house; little Towers was the nearest to it—as he was passing, I saw some water come out of the little window and go over the boy—I should think
there was about a pint of water—the child screamed out very much—a female went up to him, and took him into Mr. hisides, the baker's shop—I did not go at I had some children with me—about three minutes afterwards I saw the prisoner come out of the toll-house—I did not hear him say anything—I am sure there was no one but him in the toll-house at the time.
Cross-examined. Q. The toll-house is a small wooden building, is it not, nearly square? A. Yes; the entrance is towards Pimlico, and the back is towards Vauxhall-bridge—one side of it is opposite Rochester-row, and the other faces Churton-street—there is a small square window at the back and front; one of them overlooks a sort of angle, which the toll-house forms; there is a projection on the left side; I do not know whether it is a privy; it is at the end looking towards Vauxhall-bridge—(looking at a plan) I think there is some rubhish collected at that angle—the prisoner seemed sorry for what had happened—the spot where I saw the child is a part where everybody crosses that wants to come across to Churton-street—he did not stop at all, he only crossed—I do not know whether his back was to the window—I was looking over towards the toll-bar.
THOMAS JEFFERY . I am clerk and surveyor of the Vauxhall-bridge Company. I prepared this plan: it is perfectly correct—the front of the toll-house is towards Pimlico—the length of the projection is about five feet—the window from which the water was thrown, is about three feet she inches from the ground—there is nothing between the toll-house and Churton-street but the road—at the time of the accident, the gate was open from the Vauxhall-bridge-road and across Cburton-street.
Cross-examined by MR. CLARKSON. Q. The effect of that would be to shut off the passengers in Churton-street? A. Yes—a person in the ordinary course of business would have no occasion to be near the window; it is but of the direct course—the father of the child resides in Churton-street—if the child was coming from his school in Rochester-row to his father's house, he was about thirty feet out of the direct line—a person of ordinary care and caution would not expect that anybody would be walking at that spot.
MR. PARNELL. Q. Suppose a person wanted to go from Rochester-row to Mr. hisicles' shop? A. Then I think the course would be fronting the toll-house, towards Pimlico—a person coming from the south of Rochester-row to Mrs. hisicles' would come within four feet of the window, if they crossed close to the angle of the privy—there are not so many persons passing on that side of the toll-house as there are on the other—there are a good many persons pawing about; it is a thoroughfare, a good deal used, but not near the window—I think, if a person passed in a direct line from this mark south of Rochester-row to the corner of Churton-street, they would not be so near the window as that any water thrown from the window could have reached them—the window itself is but one pane of glass, and I think, at a distance of four feet, it would be difficult, out of so small a window, to throw a pint of water to do the mischief which seems to have been done; I think the water would have been distributed about, and a very small portion would have reached him.
HARRIET FOULSHAM . I live at 3, Willow-terrace, with my father and mother. I knew the deceased—on 22nd July I was standing on the pavement, by Mr. hisicles, the baker's, and saw young Towers walking along in the road, with another little boy, catching hold of his hand—they were walking towards the pavement, not towards me, but the other way, towards his own house—as he came by the toll-house, some water came out of the window, and went right down his back—I looked at the window, and saw the prisoner there—the boy screamed out—he was taken into Mrs. hisicles' shop
—I know the place where he was—there is a little corner there—I have sometimes seen children playing on the toll-gate—there is some rubhish at the back—I do not know that I have ever seen children playing there—I could not tell how near the child was to the window.
HENRY FAWLING (policeman). I was on duty in Vauxhall-bridge-road—I heard the child scream, and went to him immediately—he was then in the road, about ten yards from the toll-house, screaming and dancing—a female took him into Mr. hisicles' shop—the prisoner came out of the toll-home, and informed me that he had been washing a basin out with some hot water out of the kettle, and that he threw it out at the back window, and it accidentally went over the child—I took the child home, and then went back to the prisoner, and told him how badly the child had been scalded—he said he was very sorry, it was quite an accident, and he was quite willing to pay all reasonable expenses—my beat is in Vauxhall-bridge-road, and I know this place well—a great many persons are in the habit of passing across the road there, both at the back and front of the toll-house—they are in the habit of passing as close to the back of the toll-house as they can, in passing to Churton-street from Rochester-row—the rubhish at the back does not hinder them from passing—the toll-house is about eight or ten feet square, and at the back of it there is a small angle of about half that size—in going to Churton-street they would have to pass away from that line; if they an coming from Vauxhall-bridge way, they have to cross right close up in the corner, within a yard of it—persons are in the habit of passing within a yard of it—I have seen children playing on the bars, and at the back of the toll-house.
Cross-examined by MR. CLARKSON. Q. But not on the rubhish, I suppose? A. Not particularly; the rubhish is close to the window—it appears to be rubhish which they throw out of the back window—they have nowhere else to throw it—the projection on the other side would keep people away from the window—persons crossing from Rochester-row would be away from that place altogether—persons walking along Vauxhall-bridge-road would not pass by the corner; they would in coming from Warwick-street to Vincent-square—they would not necessarily come upon the rubhish—there is no crowing made; it is an bpen highway—a person crossing the road to Churton-street would go to the left of the angle—I have been in the toll-house—the window is very small, twelve inches by sixteen, and it opens all in one.
MR. PARNELL. Q. Did you see any mark of where the water had fallen? A. Yes: It appeared to be about two yards from the window, as near as I can guess—I did not measure it.
GEORGE PEARCE . I am a surgeon, living in Regent-street, Westminster. On the afternoon of 22nd July I was called to the deceased, who I found in bed at his father's—he was suffering from a very extensive scald, covering the whole of the neck and back, in fact the whole of the body, except the arms and legs—the child suffered very severely, and, I consider, was never out of danger till its death—very extensive sloughs formed over the whole of the back, which separated about a week before death—it died from the scalding—there was nothing else to which I could attribute it—Dr. Lavies was called in—he agreed in the treatment.
Cross-examined by MR. M. PRENDERGAST. Q. You did not examine the child after death? A. No; no internal examination—I attended the child regularly—there were no symptoms of congestion during the treatment—I have known the child for some years, and it was always very healthy—it have diarrhoea about a fortnight after the accident, but that ceased before death.
COURT. Q. Have you any doubt at all that the child died from the scald? A. Not any.
(MR. CLARKSON requested the opinion of the Court as to whether there was any case for the Jury? MR. JUSTICE WILLIAMS was of opinion that, if the Jury thought that the prisoner was guilty of culpable negligence in throwing out the water, and had not employed ordinary caution in so doing, he would be criminally responsible for the act.)
(The prisoner received an excellent character for humanity and carefulness, and was stated to have been thirty-five years in the army, and to be in the receipt of a pension for his services.)
NOT GUILTY .
Before Mr. Justice Talfourd.
1618. HOWARD AUGUSTINE STYLES , feloniously forging and uttering an acceptance to a bill of exchange for the payment of 300l., with intent to defraud Henry Luard and others; having been before convicted.—Other Counts, varying the manner of stating the charge.
The prisoner pleaded GUILTY to the uttering, and MR. HUDDLESTON offered no evidence on the count for forgery. Aged 56.— Transported for Life.
NEW COURT.—Thursday, Sept. 19th, 1850.
PRESENT.—Mr. Ald. HUMPHERY; Mr. Ald. KELLY; Sir JAMES DUKE,
Bart., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 18.— Confined Twelve Months.
GUILTY . Aged 23.— Confined Four Months.
GUILTY . Aged 18.— Confined Four Months.
1622. MARY ANN ARCHER, stealing 1 pair of stays and other articles, value 2l. 5s.; the goods of Charles Linstead Thetford, her master: also 2 printed books, value 1s. 6d., and half-a-crown; the property of William Topley, her master: to which she pleaded
GUILTY. Aged 12.— Judgment Respited.
GUILTY . Aged 20.— Confined Two Months.
HAYNES pleaded GUILTY . Aged 19.— Confined Four Months.
LOWE pleaded GUILTY . Aged 17.— Confined Nine Months.
1625. ROBERT PETRIE , stealing 2 stoves, 12 brass hinges, and other articles, value 6l. 4s.; the goods of George Thomas Goodbehere; and JOHN PETRIE, JUN ., and JOHN PETRIE , feloniously receiving the same: to which
JOHN PETRIE, JUN., pleaded GUILTY . Aged 16.— Confined Six Months.
GEORGE ROGERS (policeman, K 182). On Saturday, 24th Aug., a little after one in the day, I went to Mr. Goodbehere's, in Wellclose-square—I saw the prisoner, Robert, there—I said, from information I had received, I thought he had some things in his house belonging to Mr. Goodbehere—he said, "If there is any thing there I do not know any thing about it"—Mr. Goodbehere asked if he had any objection to my going down to his house with him—he said "No"—I went with him to 12, Joseph-street, Back-road, and one of the men—his mother opened the door—he said, "Mother, here is a policeman come to search the house"—she said her husband was not at home; we had better wait—I said, "We need not wait, if there is nothing here"—I found two stoves behind the door up-stairs, some iron pipe, a tea-kettle, and an ashpan (produced)—I asked Robert how they came there—he said he did not know anything about them; his father might have bought them in Rosemary-lane—in the cupboard I found eight small cannon, three cruets, and several wooden and tin boxes, locked—the mother gave me some keys—I opened one box and found twelve brass hinges—I also found a boiler and some sailmaker's needles—I took Robert to the station.
Cross-examined by MR. PAYNE. Q. Did not Robert say his father might have bought them in Rosemary-lane, as he was in the habit of buying things there sometimes? A. Yes—I did not see the father on that occasion—some of the things I found were not claimed, which he said his father bought in Rosemary-lane.
JOHN BUTTON (policeman, K 285). I went to 12, Joseph-street, and found Rogers there—he took Robert to the station—I searched the home, and found half a dosen spoons in a box, a quantity of iron bars, chains, and shackles, brass and iron spoons, weights, taps, and metal (produced)—on 31st Aug., I went to a house in Anchor-and-Hope-alley, with a Thames-police constable—we went to the room where John Petrie the elder was—his mother came out, and locked the door (she was not the woman I bad seen at Joseph-street)—I forced the door open, and found him looking at a book with, I believe, his sister—I said, "This is a bad job; you must go the station"—he said, "I will go anywhere with you, Button, I am sorry for it; but I was led into it by others."
Cross-examined. Q. The search you made was after Robert, and the old man was taken away? A. Yes—I had no search warrant.
MARY ANN BATSMAN . I live in Joseph-street, nearly opposite No. 12, where the prisoners live. On 23rd March I went there to visit a poor woman in her confinement—the elder prisoner brought me these three boxes, with brass locks, and other articles, and asked if he could serve roe with anything—I did not purchase any—I have frequently seen shippiog goods, such as boilers, kettles, and hampers of ironmongery, brought there by Robert in a cart—he used to unload and take them in, and afterwards take them away again—the father has been present sometimes.
Cross-examined. Q. What is your husband? A. A carman—I take in needlework—we have had a few words with the elder prisoner—my husband did not threaten to tear his liver out, in my presence—my husband quarrelled with him because he compelled us to destroy four pigs we had, which were complained of as a nuisance—I have seen goods come at dinner-time, go into
the house, and then taken away in the same cart—the cart was there the day before the policemen came.
SAMUEL HOSKINS . I am foreman to Mr. Thomas Goodbehere. The younger prisoner was in his employ about twelve months—these articles produced are his property—we missed the spoons in Sept.—the taps were bought on 17th Aug., and missed five or six days afterwards—I saw them the day previous—I know the stoves by two holes made to lash them to a ship's deck—the pipe has our mark on it.
Cross-examined. Q. I believe you got answers from John Petrie, jun., which satisfied you that he had taken the articles? A. Yes.
(The prisoners received pood characters).
ROBERT PETRIE— NOT GUILTY .
JOHN PETRIE, SEN.— GUILTY . Aged 40.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
PETER THWAITES . I am a fruit salesman, of 17, Broad-court, Bow-street. On Friday afternoon, 9th Aug., I had two 100l. notes, a check for 35l., a cheek for 31l. 5s. 8d., and nearly twenty sovereigns—there was a 5l.-note wrapped up in a check, which I did not know of—the check and note have since heen brought to me—I went into the Mercers' Arms between five and six o'clock—I was sober—I called for some bitter ale, and sat down—the prisoner was there—another man, who I believe was with him, asked me if I knew anybody at Manchester—I said I did—after that I treated them and two women who were there to 6d.-worth of gin—I had none of it—I ordered a bottle of wine, which we had between four or five of us—the bottle passed round, I cannot say whether they all drank—I had had two glasses of bitter ale, and a portion of the wine—I have frequently drank as much without getting drunk—when I took my purse out to pay, toy notes and money were perfectly safe—I bad then been in the house about twenty minutes—the prisoner sat by me—I became insensible, and when I recovered I was at borne, and my money was gone.
Cross-examined by MR. PARRY. Q. What time did you get the money? A. I had the two 100l.-notes the night previous—I had the money with me to get two Bank post-bills to send to Belgium—I went out at half-past eight in the morning, and not feeling very well I went to Battersea—I did not go to the Red House, or to any other public-house there—I got there between nine and ten—I staid about an hour and a half, merely walking about to take the fresh air—I had nothing to drink—I then went home and dined with my wife at one—I had a glass of ale at dinner, no spirits—after dinner I went into St. James't-park—coming home I had a glass of ale in Piccadilly, and another in Coventry-street—I did not eat anything all that day—I swear I had no brandy—I merely staid to drink the ale—I did not treat anybody—I did not go with a woman to Battersea or to the Park—I spoke to nobody—I do not know whether chloroform was given to me—nothing of this kind has happened to me before—I have not been found drank in public-houses—it was partly Mr. Isaacs, sen., my partner's money, and partly mine—I shall have to be the loser of it—I wrote a check for it on the Thursday for Mr. Isaacs to get the Bank post-bill—he neglected to do it, and brought the money back to me—the twenty sovereigns were to have gone to my account at the banker's—the banking account is in my name, I only write checks—I should have paid all this money into the bank, except one or two pounds
—my partner is in Belgium—he sends goods over, and I sell them—the 20l. was received in the business—the bag was one we use in the business.
(MR. PARRY contended that the charge was not properly laid, the money being the joint property of the firm. MR. ROBINSON suggested that the money being given to the prosecutor for a specific purpose he became bailee. MR. COMMON SERJEANT having consulted, MR. JUSTICE TALFOURD was of opinion that the money teas in the especial custody of the prosecutor).
JOHN HARLOW . I live at 2, Little White Lion-street, Seren Diala. I was in the Mercers' Arms and saw Thwaites, who seemed very drunk, sitting between the prisoner and a young woman, who were both sober—the woman said, "You have lost a bottle of wine, now pay for it"—I went out and informed Mr. Thwaites' man—as I returned I saw the prisoner running down Long-acre, in a direction from the Mercers' Arms, and two young men with him—they got into a cab at the corner of James-street—Mr. Thwaites' man came up and stopped the horse—they got out of the cab and ran down King-street very fast.
Cross-examined. Q. Had you known Thwaites before? A. Yes; I never saw him in that state before.
HENRY ISAACS . I am in Mr. Thwaites' service—my father is in partnership with him, and I superintend part of the business—on Friday morning, 9th Aug., I gave Mr. Thwaites two 100l.-notes—he put them into a canvas bag, and placed them in his pocket—about seven o'clock in the evening I received information from Harlow, and went towards the Mercers' Arms—before I reached there, I saw the prisoner and another man near him, and another a short distance behind, running or walking very fast—the prisoner and the one nearest to him passed me—one of them said, "Is the money all safe?" and the other answered, "Yes"—a cab was standing at the corner of Hart-street, into which they ran—Harlow ran up, and said something—I stopped the horse, and the men got out on the other side of the cab—I pursued the prisoner down King-street, through Short's-gardens, towards Endell-street—I beckoned to policeman 79, who followed the prisoner—I then went to the Mercers' Arms, and found Mr. Thwaites insensible, with his pockets turned inside out—he had no moneybut a sixpence.
Cross-examined. Q. Have you ever seen him in that state before? A. Never—I have never had to send for him from public-houses before—I am in partnership with my father—he has a share in the business, and accounts to me for it—I do not receive a salary.
WILLIAM PIERRE LUCAS . I keep the Mereers' Arms. On 9th Aug. Mr. Thwaites came and called for a glass of pale ale—he afterwards called for some wine—I served him with it—I cannot say whether the prisoner was there—I have seen him there once or twice—Mr. Thwaites took a canvas bag out of his pocket, to pay for the wine, and I saw him put it back again into his left pocket—he gave me half-a-sovereign—I gave him 5s. change, which he put into his pocket—he became insensible, and I went and picked him up—his left pocket was a little out, the other appeared all right—I saw him searched—there was no bag, or money—the wine I served him with would certainly not produce the effect I saw.
Cross-examined. Q. You know nothing of what he had taken before he came to your house? A. No—there was gin, brandy, and port called for—he took a small portion of the brandy, and some bitter ale, and port wine—they had a quartern of brandy amongst the lot of them—some German-sausages were sent for, and eaten—there were two women there—he did not treat them especially, but the whole party.
WILLIAM GODDARD (policeman, F 79). I was in Queen-street, Seven Dials, and saw a mob running—I went round Endell-street, and met Isaacs—I found the prisoner in the back-yard of 11, Endell-street—he said he had been to the water-closet—he appeared very much excited, and out of breath, at if he had been running—he was perspiring—his clothes were fastened up—he does not live there.
Cross-examined. Q. You had not seen him before you found him in the yard? A. No.
Cross-examined. Q. What time did you find them? A. Between a quarter to seven o'clock and a quarter past—they were given up to Mr. Thwaites—he gave my father a sovereign.
GUILTY .* Aged 24.— Transported for Seven Years.
WILLIAM GEE . I live at Old Ford. I sell cakes and ginger-beer—the prisoner lived at my house—on 20th Aug., about five o'clock in the afternoon, I went out with my wife, and left the prisoner in charge of the house—we came back about half-past eleven at night, and found the door locked, and the window shutters closed, but not fastened—I opened the shutters, and got my wife in at the window—she got a light—I missed two shawls, trowsers, a waistcoat, and other things named—they were safe before I went out—I gave information at Bow station, and described the prisoner—I fonnd the key of my house next day amongst some dahlias, near the front door—I afterwards saw the prisoner in custody—I charged him with stealing these things—he said he bad never seen anything of them.
JOHN GEE . I am a brother of the last witness, and live next door to him. On 20th Aug., about seven o'clock at night, I went to my brother's and knocked at the door; the prisoner opened it—I staid there till half-past eight—I then went away, leaving the prisoner there.
JOHN GOOZEY . I live with my father at Old Ford. About a quarter before nine o'clock at night, on 20th Aug., I went to the prosecutor's house—I found the door fast, and the shutters wide open—I called and got no answer.
JOHN MURRAY (policeman, N 280). I took the prisoner in Hackney-road—I told him he was charged with stealing shawls from Mr. Gee's house—he said he knew nothing about them—I took him to the house, and, he saw the woman—he said, "She speaks about these shawls, they do not belong to her, they belong to Cullingworth"—next morning he said he had stolen the things, and he could get them for 9s.
Prisoner's Defence. The prosecutor told me if I would tell him where the things were he would make a flaw in the deposition, and get me off, but I could not tell him; I did not know where they were.
GUILTY . Aged 20.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
July, the prisoner came to my shop—he said he wanted goods to furnish a house, called Kent Cottage, Regent's-park, as a boarding-school—he said his wife had 170l. a-year coming in, and he wished to establish her in a boarding-school, that he was an architect, his wife had got five or six pupils ready to come in, and the house must be furnished by the 10th or 11th July—I allowed him to have some goods, and amongst the rest 111 yards of carpet, different sorts, worth about 10l., also thirty-eight yards of damask—he entered into this agreement(produced)—it is his handwriting—this inventory which is attached to it, contains the carpet, and the damask and all the furniture that he had—(this was an agreement to let the furniture to the prisoner for 3l. per month, signed Frederick Ford)—about a week after, I went to the house, and found it deserted, and the whole of the goods were taken away—I found no appearance of young ladies pursuing their studies—there was a female there, and some old furniture belonging to her—I have seen my property since.
Cross-examined by MR. HORRY. Q. Have you told us all that took place between the prisoner and you, as to these goods? A. No—I know Mr. Harvey; the prisoner was his introduction—he met me by appointment with Mr. Harvey, who is an agent for me sometimes—I have known him sixteen or eighteen months—he has brought me some very good customers—the prisoner gave me two references—I went to them, and supposed them to be satisfactory—the prisoner says he has some respectable connections: I believe my solicitor went to them—I did not go to them before I made any charge, and ask 15l. for the goods—a man came to my house, a brother-in-law of the prisoner I believe; he said if I would take 20l. for my goods and drop proceedings, I should have it—I said I would not take it without the Magistrate's approval—I told what had occurred to Mr. Edward's—he went to Winchester, to see the person who had called on me on the Sunday—it was not to see whether he could not get 20l. for my goods, and the amount of my recognizances—he went to see the nature of the paper that the person made me give him—I saw the prisoner several times—I believe all the conversation was about these goods, every time I saw him—the first time I saw him he wanted me to give him credit for the goods for four months—after that I saw the references.
Q. The first time you saw him, before you went to see his references, did you not have a paper between you, and did he not propose to pay you 18l. a month? A. There was a proposition to that effect, but the goods were not to be on hire if he did so—there was a proposition, that I was to give him credit for four months, but it was done away—it was on 6th July that we talked about the hire—I should say I had seen him about twice before that—on the 6th we went into an arrangement about the hire, and then we made another on the 8th—Harvey was not with the prisoner on all the occasions—I believe I went twice to the Grapes public-house, and met Harvey and the prisoner—the prisoner afterwards came to my house—when the prisoner came after July he brought one of his references with him.
Q. Did you not go afterwards and tell his wife that you were not quite satisfied with the agreement, and wished it altered? A. That was the agreement of the 6th July, and then he brought me the agreement of the 8th—I put this list of the goods to the agreement—I delivered the whole of the goods at the house myself, at different times, and the prisoner was there to receive them—I saw the prisoner on the 12th; he brought a bill for 15l. at one month, but that was not releasing from the hire—I went to the house once after the goods were delivered, and saw the goods in the house, and some stair-carpet fastened down—on the next time it was all taken down, and the
plate of the boarding-school was taken off the door—I had put the plate on myself, the prisoner asked me—this agreement is the prisoner's writing—I saw him draw the first agreement, and saw him write on two or three occasions—I know his handwriting well—he said he expected five or six scholars there, and had not got a room fit to show anybody in—one of the references was Mr. Lennie, who became guarantee—I agreed with Lennie and the prisoner that the goods might be removed on 26th Sept., if the prisoner did not produce a receipt for his rent and taxes, and that Lennie should be a guarantee to that effect; and if the goods were damaged, Lennie was to make it up to me, in case the prisoner should die.
MR. BALLANTINE. Q. What was the value of all the goods? A. About 60l.—I parted with the carpet and damask on 11th July—it was about 30th July that I found all the goods were gone—I went to Mr. Grayson's office, being referred there by the prisoner—Mr. Grayson said if I let him have the goods on hire, I should be perfectly safe he had no doubt.
Cross-examined. Q. What is it worth? A. If we bad to sell it, we should be glad of our money back again for it.
THOMAS EVANS (policeman, G 145). I took the prisoner at the Jack of Newbury public-house, on 17th Aug.—I told him he was charged with obtaining goods by false pretences from Mr. Bolton, who was with me—the prisoner said, "Give me time to go down to Southampton, and I will make all things right"—he said, "Keep me in custody; if my name is put in the paper it will ruin me"—I went to Kent-cottage, and found a bed, some washing-stands, and other things, and fourteen duplicates; two of them were for these articles.
Cross-examined. Q. He wanted Mr. Bolton to allow him to go to Southampton in your custody? A. Yes; to get some money—I think he said to settle with Mr. Bolton.
GUILTY . Aged 24.— Confined Twelve Months.
(There were three other indictments against the prisoner.)
CHRISTOPHER BANKS . I am cashier to Mr. William Henry Cole, of High Holborn. The prisoner was his porter—on 1st Oct., about four o'clock in the afternoon, I saw twenty sovereigns, and five half-sovereigns in a drawer belonging to me in the counting-house—it was Mr. Cole's money—the prisoner knew that cash was kept there—I used to pay him his wages from that drawer—at half-past five I went to tea, and left the key in the drawer—I afterwards missed the money—the prisoner had been in the house the whole day, but he was not there when I went to tea—he was let in while I was at tea—he had been a porter nearly ten years—he left that evening, and did not return—he had given no notice that he was going away—I did not see him again till he was in custody, about a fortnight ago—he had no right to go out at the lack-door—he always went out at the front, unless he had the truck.
Mr. Weston, a wine-merchant. I know the prisoner—on the evening before I heard of this robbery, I saw the prisoner come out of Mr. Cole's back-door—I said, "Halloo, are you going off?"—he said, "Yes, for a little while;" and he went off—it was from half-past five to six o'clock—he had no truck with him.
JOHN SERJEANT (policeman, E 65). I took the prisoner—I asked him if his name was Christy—he said no, it was Edwards—I said he was charged with robbing Mr. Cole of 22l. 10s.—he said he knew nothing of it.
GUILTY . Aged 33.— Confined Nine Months.
ROBERT STANHOPE WILKES . I am a bookseller; the prisoner is my errand-boy. I paid him his wages on 7th Sept.—I said I had lost a large quantity of Parliamentary papers, and I was certain he had stolen them, for he came to me with a coat not worth 9d., and now he was dressed as well as I was, besides living at coffee-houses—he denied it, and I discharged him—these are my papers(produced.)
JOSEPH KIRTON . I am in the employ of Messrs. Gibson and Brown, fishmongers, in Hungerford-market. The prisoner brought this bundle of paper for sale; he asked 3d. a pound for them—he said Mr. Williams, his master, gave them him, and he lived at 14, Craven-street—I went there, and there was no such person.
WILLIAM POCOCK (police-sergeant, E 14). I took the prisoner—he said the paper was not stolen; but a man called at the shop during his master's absence, and he bought it of him, and took it to the fishmonger's.
Prisoner's Defence. A man came and asked me if I would buy it, there was fourteen pounds of it; I gave him 2s. 8d. for it, and went to sell it.
(The prisoner received a good chnracter.)
GUILTY. Aged 17.—Recommended to mercy by the Jury. —Confined
1631. EDWARD ROOKE, WILLIAM LEGGETT , and JAMES WREN , stealing 2 cans, value 2s.; and 20 gallons of olive oil, 4l.; the goods of William Browning and others, the master of Rooke.—2nd COUNT, charging Leggett and Wren with receiving.
MR. PARRY conducted the Prosecution.
WILLIAM BROWNING . I am in partnership with James Browning and three others, we are oil-merchants, and carry on business at 113, St. Jobn-street. Rooke was our carman, and had been so about twenty-one months—Leggett had been in our service, but left I think about April last—on the morning of 29th Aug. my attention was called by our warehouseman, John Huggins, to a can of ten gallons of olive oil which was in our new warehouse—it had no right to be there—it was worth about 4s. 3d. a gallon—those fine oils are always drawn by ray particular order—my warehouseman marked the can in my presence, and I left it where I found it—I looked for it between five and six o'clock in the afternoon, and it was gone—about eleven the same evening I looked for it with Huggins and the policeman, and after some time we found it under some straw in the wagon which Rooke drove—there was another ten-gallon can with it of the same sort of oil—the value of the two was between 4l. and 5l.—they had no directions on them—I saw the cans again on the morning of 30th Aug.—there was a direction on them then—they are the property of our firm.
Cross-examined by MR. WOOLLETT. Q. What did you do with the two cans when you found them? A. They were marked by the officer, and left n the wagon.
Cross-examined by MR. M. PRENDERGAST. Q. How long was Leggett in your service? A. I should think about two years—it may have been five—I believe he is married.
JOHN HUGGINS . I am foreman to Messrs. Browning. I have heard Mr. Browning's evidence; it is correct—Rooke drove the wagon—on 30th Aug., between five and six o'clock in the morning, I saw the cans—Rooke came to work about six, and about nine he took the wagon out of the yard, to the front of the premises, to have it loaded—he bad a load of five pipes of seal-oil—he helped to load the wagon, and was in it—I gave him a delivery-note for these five pipes of oil—he had not to take two cans of fine olive-oil—when goods are sent out, it is a rule that delivery-notes are to be given with them—four of those pipes were to go to Hale's Wharf, and one to Topping's Wharf—I do not know how the cans of oil got into the wagon—I gave no order for their being taken.
Cross-examined by MR. WOOLLETT. Q. You know Rooke well, and know that your employers had a good character with him? A. Yes; it was Rooke's duty to deliver oils to the direction they were sent to—I do not know that if cans of oil have got into the cart, they have been brought back—I remember, about six months ago, twenty-nine barrels of oil were to be shipped, and Rooke brought back one cask, finding he bad one too many—about six weeks ago he took a cask of oil to Fenning's Wharf—they could not take it—the ship would not sail for a month—it ought to have been taken to another wharf, and he brought it back.
JOHN ROBERT HUGGINS . I am the son of the last witness, and am in Messrs. Browning's employ. I saw the two cans in the wagon on Friday morning, between five and six o'clock—Rooke came to work about six—I watched him, and saw him get into the wagon, and move the straw about, between seven and eight—no one got in but him—he had 22s. a week—he had 10s. that morning to pay for storeage.
Cross-examined by MR. WOOLLETT. Q. The straw was all over the wagon? A. Yes; there might be a truss of straw—a cart was near when this wagon was loaded—I cannot say how many things were to be put into the wagon and cart—when one is drawn out, another comes up to be loaded—perhaps five or six wagons may be loaded in a day.
JOHN GUNN (police-sergeant, G 8). I was watching the premises, and raw the can of oil marked—at eleven o'clock at night I saw the two cans in the wagon, and they were marked in my presence, and Mr. Browning's, and the warehouseman's—I was there next morning, to watch—Rooke came at six—he went to breakfast, and came back, and then, the wagon was loaded with five pipes of oil—we followed it to London-bridge, and saw Leggett and Wren walking backwards and forwards on London-bridge—Leggett nodded to Wren, and Wren returned it—the wagon and Rooke were then in their sight—they let the wagon pass, and followed it at about 100 yards' distance—it drew up at Topping's Wharf, in Tooley-street—it drew under the arch-way and the crane was thrown down to unload it—Leggett jumped up into the wagon with Rooke, who was there already, and one pipe of oil was taken out—Rooke then moved the straw off the two cans of oil, which were in the left corner, in the front of the wagon—they had been removed from the centre, where 1 had seeu them the night before—Rooke took off the tarpaulin and the straw from the cans—Leggett was looking on—they seemed to be
talking—Leggett then put his hand into his trowsers-pocket, and Rooke put his hand next Leggett's hand—Rooke then put his band into his own pocket—Wren stood close to the wagon, with his face towards them—Leggett then jumped down—Rooke remained in the wagon, pulled one can out, and handed it to Wren, who walked away with it—he then took the other, and handed it to Leggett, who was walking away—I apprehended Wren with the can on his shoulder, and Tyler took Leggett with the can—they were the two cans which had been marked the night before by Tyler, in my presence—Rooke did not attempt to get away—I told him to come out of the wagon—he said, "I have done nothing; if anybody asks me to carry a can for them, I do it"—when the cans were found in the wagon, they had no tables on them; but when we took them into Tooley-street, there was a bit of wood tied to the handle of each of them, with "Mr. Hoole, oil and colourman, Peter-street, Soho-square," on it—when I saw Rooke in the wagon, in the morning, I saw him cover up some bulk in the front corner of the wagon—he put the tarpaulin over it, so as that no one could see what was under it—he was searched, and 2l. 2s. 2d. found on him—he said he had got 10s. of it from his masters, to pay the storeage.
Cross-examined by MR. WOOLLETT. Q. Were you employed as a detector? A. Yes, I always am—we do not get anything else for that—Rooke was the only person that was in the wagon—three or four men rolled these pipes of wine, but none of them went into the wagon—it took about ten minutes to load it—I was close to them, looking down on them from the first-floor window.
Cross-examined by MR. M. PRENDERGAST. Q. You walked after the wagon? A. Yes; I never lost sight of it—when I first saw Leggett and Wren, they were at this end of London-bridge, coming across from the other side of the water—I took Leggett about ten o'clock, as soon as he had left the wagon with the oil—he was going towards London-bridge.
HENRY TYLER (policeman, A 114). I was with Sergeant Gunn—I saw Rooke place some straw over something at the head of the wagon—I followed the wagon—I saw Leggett and Wren in King William-street—when they were on the bridge, the wagon was in sight, in front of them—they followed it to Topping's Wharf, and Leggett pulled off his jacket tod got up into the wagon—he assisted in putting the hooks on the cask of oil that was craned up into the warehouse—he then put his hand into his pocket, and passed something to Rooke, which Rooke put into his pocket—Leggett then got down, and Wren came across to the wagon—Rooke gave him one can of oil—then Leggett came, and Rooke gave him a can of oil—I took Leggett—I charged him with receiving the oil, knowing it to be stolen—he said, "I was asked to carry it"—these are the two cans that I had marked.
Cross-examined by MR. WOOLLETT. Q. When you saw the cans, they had no address? A. Not when they were in the wagon; but when I took them, there was a label on the handle of each of them.
(Rooke received a good character.)
ROOKE— GUILTY of stealing. Aged 34.—Recommended to mercy by the
Jury.— Confined Six Months
LEGGETT— GUILTY of receiving. Aged 28.—Recommended to mercy by the
Jury.— Confined Twelve Months
WREN— GUILTY of receiving.† Aged 42.— Transported for Seven Years .
THIRD COURT.—Thursday, Sept. 19th, 1850.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. HOOPER; Mr. Ald,
Before Russell Gurney, Esq. and the Seventh Jury.
GUILTY . Aged 20.— Confined Six Months.
1633. GEORGE GABRIEL LEEKEY , embezxling 11l. 2s. 6d., 16l. 6s. 6d., and 40l. 19s.: also, 55l. 16s., 21l. 16s., and 26l. 11s. 9d.: also, 20l. 7s. 6d., 29l. 8s., and 49 l. 9s.: also, 26l. 17s., 21l. 10s., and 59l. 17s. 10 d.: also, 13l. 7s. 6d., 9l. 19s., and 6l. 1s. 6d.: also, 35l. 14s. 10d., 16l. 1s. 8d., and 9l. 14s.; the moneys of Samuel Addington, his master: to all of which he pleaded GUILTY . Aged 43.— Transported for Seven Years.
1634. JAMES FAIRMAN , embezzling 6s. 6d., 13s., and 5s. 6d.: also, stealing 6 pairs of boots, and 6 pairs of shoes, value 5l. 8s.; and 4 sovereigns; the property of Frederick Marsh, his master: having been before convicted; to both of which he pleaded
GUILTY . Aged 17.— Confined Nine Months.
1635. JOHN CROSBY , unlawfully obtaining by false pretences 12l. 7s., the moneys of Charles Rossiter Harwood: also, 2 yards of gold lace, value 5s.; the goods of Daniel Price: also, 1 pair of trowsers, and 1 waistcoat, 2l. 4s.; the goods of Robert Parry Hastings: to all of which be pleaded
GUILTY . Aged 50.— Confined Nine Months.
GUILTY .— Confined Six Months.
SHELDRICK pleaded GUILTY . Aged 30.— Confined Six Months.
MR. CHARNOCK conducted the Prosecution.
WILLIAM WILLIAMS . I drive an omnibus. On 10th Sept., about half-past eleven o'clock at night I drove my omnibus into the yard at Irongate-wharf, Paddington, and while taking the horses off, Sheldrick ran across the yard with a sack on his back, and something in it—I called out, "Halloo! there, where are you going, are you going to steal the corn?"—he ran off as fast as he could, through a hay-shed to a boat in the Grand Junction Canal—I called a policeman, went with him, and found two boats; Munday was in the first—the policeman asked him where the man was that brought the corn—he said he did not know anything about either man or corn—no man had come there with it—I saw the policeman take the sack out of the boat from under where Munday stood—he appeared standing on it.
Cross-examined by MR. BALLANTINE. Q. Was it found within three minutes' of its being taken? A. Yes; it must have been thrown down within a minute or two—I saw no one else in the boat—it appeared one of the common canal boats.
MICHAEL DUFFY (policeman, D 279). I was called, and saw some corn scattered, and traced some of it to the cabin of the boat, which was one that horses draw along the canal with a cabin to it—I found Munday in the cabin, with his feet on the corn—I asked him if he saw a man come there with the sack of corn—he said, "No; there was no man came over there"—I asked him if he had any corn in the cabin—he said, "No"—he was in the cabin and I just outside the boat—I went into the cabin, and found the two bushels of oats in a sack—I asked him how they came there—he said a roan had put them there—I asked where the man was—he said he could not tell—I said he must consider himself in custody—he then said, "If that is the case, the man is over there"—I crossed over to the other boat, and found Sheldrick lying on his hack in the cabin—the boats were lying alongside each other, you could hear from one to the other—I asked him, in Munday's presence, where he got the corn—he said he was employed by two men to carry it from Mr. Meredith's stable to Munday's boat—Munday said nothing, and I took them into custody.
Cross-examined. Q. Do you know whether the boat was Munday's? A. His father-in-law had charge of the boat Sheldrick was in, and was on the bed.
WILLIAM CHAPPELL . I am in Mr. Meredith's employ. On the morning of the 11th, I missed some oats from a stable No. 4, Irongate-wharf, which were safe the night before—they were Mr. Meredith's property.
(Munday received an excellent character.)
MUNDAY— NOT GUILTY .
MARIA COOK . I am the wife of Benjamin Cook, of Oxford-street, Stepney. On 9th Sept., in consequence of something that was said to me, I looked in a box in my bedroom, and missed a frock and some napkins, which I had seen safe about two months ago—during that time I had employed the prisoner two or three times a week in washing and cleaning, and she was in the habit of going into the bedroom—I spoke to her about my loss, and told her if she would give me the things, or tell me where they were, I would not do anything with her—she said she knew nothing about them.
ELEANOR MARY JAGS . I live in Crown-court, Whitechapel, and know the prisoner. On 6th Aug. I bought this ticket (produced) of the prisoner for 6d.—she said it was for a child's frock, which was pledged for 6d., and had been in for 9d. before—she went with me to change the ticket, and I had it put in the name of Cain, the person I wanted the frock for.
JAMES COLLIER . This frock was pledged with me on 5th Aug., by a woman in the name of Ann Watson—I know the prisoner's face very well, but I do not know that she is the person who pledged it—it was changed on the 6th by Mrs. Jags with another person—I knew the prisoner by her coming to the shop at different times.
Prisoner's Defence. If I was in the habit of stealing, I should not go and work for the lady twelve and thirteen hours for 6d., and have half a pound of bullock's liver, which is sold in the streets for cats; my husband has been out of work thirteen weeks, and I worked night and day for my family.
NOT GUILTY .
ELIZA ANN WHETMATH . I am wife of James Charles Whetmath, of 3, North-street, shirt-maker to Mr. Dudley, of Oxford-street—the prisoner was employed by me for four months to work in the house. About 10th Sept. I had occasion to go to a little black box under the table in the room where the prisoner worked, and missed a tablecloth which I had seen six weeks before—I had missed a shirt before—I spoke to the prisoner about them—she said she knew nothing about them—I gave her into custody—this is my tablecloth(produced)—I never gave her authority to pawn it.
THOMAS THOMPSON . I am in the employ of Tomlinson and Richardson, pawnbrokers, of Upper George-street, Marylebone. I produce this table-cloth, pawned by the prisoner in her own name, on 21st Aug.—I have seen her occasionally at the shop—she said she was authorised by her mother to pawn it—this is the duplicate I gave.
GUILTY . Aged 27.— Transported for Seven Years.
MR. RIBTON conducted the Prosecution.
HORATIO NELSON PORCAS . I am a lighterman, and live at York-square, Commercial-road. I own a barge—the prisoner was in my employment some short time before Aug. last year—I gave him instructions to take a load of manure to Mr. Williams, at Greenhithe, and when he started I gave him 10s.—he was to have 30s. for taking it—I was in the habit of paying him so much for each trip—when he came back he told me Mr. Williams did not want it, and Mr. Walters had taken it, and he had drawn 1l. and brought me this memorandum for the remaining 5l. due to me—some time after, when he was going into the neighbourhood, I desired him to call for the money—I asked, when he came back, if he had got it, and he said he had not—I asked him on two or three occasions—he left my service in the early part of Feb.—I afterwards wrote to Mr. Walters, and received a letter from him—I did not recover the money—I have never been paid—(memorandum read—"Received of Mr. Porcas one freight of dung, 6l.")
Cross-examined by MR. PARRY. Q. When did you give Smith in charge? A. About a month after receiving this letter from Mr. Walter, which was in June—I did not see him after receiving the note, before I gave him into custody—I learnt he had been working a barge—I do not know that he left my barge to work another—I was obliged to send two men down to get my barge home—I do not know that she was in a leaky state—she has now got fifty-six tons of coals in her—she is a very old barge—I heard she was delayed; it is probable that the prisoner told me so—he has not made a charge of 6l., 7l., or 4l. on me, for ten days' delay, for demurrage—I never paid it him, because I never owed it him—he has not charged me for paying two men to save my barge from sinking—I heard him complain of the barge leaking—he did not tell me that he had received the money from Mr. Walter, and had paid himself what I refused to pay him, he denied having received it up to the time I gave him in charge—I generally paid him so much
for the trip—he did not have a share of the profits of each trip; he had not of that trip—when he was down below, if any one offered him freight, he would take it, and would have a portion of the profits—that was not the arrangement for every freight he got—on some occasions he has a portion of the profits—I have not asked my attorney, or any one, whether it was not necessary, in order to convict this man, to make him my servant; nor looked into any book—sometimes the prisoner got freights of bricks—I did not pay the other man who worked the barge; I suppose the prisoner paid him—the barge was not lying idle at Limehouse seven months, or yet seven weeks before the prisoner took her.
MR. RIBTON. Q. Do you now, or did you at any time, owe the prisoner any money? A. Certainly not; he always had his money advanced—on some occasions he had a share—if he went from London with a load of manure, and some one said, "Can you take a load of bricks or manure?" then he would have half of the freight—there are fixed sums for freights generally.
BALDWIN WALTER . I am a farmer, of Stone, in Kent. In Aug., last year, the prisoner brought a freight of dung from Mr. Williams—he said he was busy, and could not work it out, and wauted me to take it—I said I was in the habit of having twelve months' credit, but if he would give me four months I would have it—he consented, and I was to pay 6l. for it—he said he had been accustomed to have 1l. on delivery, which I gave him, and have the receipt—in Dec. he applied to me for the balance, which I paid him—this is his receipt(produced, dated 15th Dec.)—I wrote it, and he signed it, in my presence—at the latter end of Oct. he had brought me an order to pay him from Mr. Porcas.
MR. PARRY called
JOHN PETERSON . I have sailed with the prisoner, as mate, eight or nine years, off and on—I was in the barge Henry, belonging to Mr. Porcas, when this manure was taken—I was hired by the prisoner, and he always paid me by the share; if we done nothing, I got nothing—the prisoner had the control and management of the barge, and of the work, and found work for the barge—whenever we loaded dung, he took it wherever he liked, and made the best he could of it—once, when we were unloading bricks at Woolwich, Mr. Porcas and his man, Gudgeon, came on board, and wanted to know where Smith was—I said he had gone to London, to settle with Mr. Porcas—I have heard Mr. Porcas come down and ask Smith how he got on—Smith always paid Mr. Porcas money—I was never present—I have sailed all my life by the share—if the freight came to 6l., there would be 3l. for the owner, and 3l. for the work, and I should expect 1l. for myself—they did not settle after every freight; it ran on fora month—I and Smith stopped at Three-cranes Wharf ten days in the barge, waiting for a freight of cement—Mr. Porcas came on the wharf, and told us to hold on; he would make them pay—8s. a day would be the proper price for the demurrage—my wages would be 3s. a day—I know of the barge being leaky on two occasions, and requiring repairs—it cost about 2l. for three men to assist us, to keep us from losing her altogether.
GEORGE BRYANT . I am a lighterman and bargeman, and know the prosecutor's barge Henry very well—when Smith joined her she had nothing to do, and had been unemployed two or three months at Limehouse—I am fifty years old, and she is older than me—I have two barges in the same trade, and we all sail by share; the bargeman has half, and the owner half—when barges are casually worked they pay by the day, but not when they are constantly worked—I know the prisoner has been working this barge some time; he is
called a bargeman, but he has the tame privileges as a lighterman—I have known him since he was ten yean old—he has always been a most respectable person—I never heard a word against him—I am one of his bail.
(The prisoner received a good character).
GUILTY.—Recommended to mercy by the Prosecutor. — Confined Two Months
(upon which MR. BALLANTINE offered no evidence.)
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Friday, September 20th, 1850.
PRESENT.—Mr. JUSTICE TALFOURD; Mr. Ald. CARDEN; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Third Jury.
MR. METCALFE conducted the Prosecution.
GEORGE HAY . I am in the service of George Cohen, who keeps an outfitter's shop, in the Royal Mint-street. On 22nd July, the prisoner came with another sailor and a female, and asked me if I would cash this 4l. advance-note—he gave his name Rixon, and asked for half money and half clothes—I told him I would give him 15s. in money, and the rest in clothes—he agreed, and I did so—he made his mark on the note, as he could not write—(note read—"22nd July, 1850, six days after the ship Bellona has sailed from Gravesend, pay W. Rixon, or bearer, 4l., provided he has sailed in the above ship; payable at John Hall's, 33, Fenchurch-street")—I asked him where the ship was—he said it was lying at Deptford—I afterwards endeavoured to find John Hall, of Fenchurch-street, but could not—on the 28th I saw the prisoner in Bermondsey—he said, "I don't know you at all"—I gave him in charge—I am sure he is the same man—he was in the shop half an hour, and I went up to Spitalfields with him, to a man who was to be security for the note, but he declined.
SAMUEL BULL (policeman). The prisoner was given into my charge—I can find no Mr. Hall in Fenchurch-street—I asked the prisoner what ship he belonged to—he said the Bellona, and he told the inspector so as well.
CHARLES CARTER . I am clerk in the General Registry and Report office, opposite the Custom-house—the bills of entry of all merchant vessels clearing outwards and inwards are brought there every day—I keep an entry of them—I have examined it from the beginning of July up to 3rd Sept., and find no vessel named the Bellona.
Prisoner's Defence. I was going away next morning in the Mississippi; I left the ship at dinner-time on the 28th, with five shipmates, and the officer took me; I never saw the prosecutor before; I have lost my ship and my chest of clothes; my shipmates were obliged to go to sea.
SAMUEL BULL re-examined. There were no sailors with him when I took him—I found these papers on him—(one of these was signed H. W. Smith, of Bristol, certifying that William Brown had sailed with him in the Flora from New Orleans to Bristol; another was a certificate of discharge from the Bellons
at Bristol, on 5th July, 1850, signed W. H. Smith, master. There were also torn pieces of other certificates, and all were in the same handwriting.)
Prisoner. I left the Flora, and coming from London in the train with my five shipmates I lost my discharge; I told a person of it in the train, who was a namesake of mine; he said he would give me his, which he said would do instead, and he made me out another in case I should lose that, but I shipped in the American ship, and therefore did not require them.
GUILTY on 2nd Count. Aged 23.— Transported for Seven Years.
Before Mr. Justice Talfourd.
MR. WOOLLETT conducted the Prosecution.
THOMAS M'CARTHY . I live in Vine-passage. On the morning of 3rd Sept. I was drinking with the prisoner and some companions at my house—I told the prisoner to get up and walk out of my house—he did so, but some bad words passed on both sides first—about ten minutes afterwards he called me out—he was standing at his gate—I went up to him, and he struck me with a hammer—I fell insensible, and have been in the hospital ever since.
Prisoner. I had known him fourteen years, but never had an ill word before—we had had two half gallons of beer. Witness. We were very civil together before this—we both came from the same part of the country—he was not sober, nor was I, but I knew what I was about—he is a peaceable well-conducted man—I never saw him do anything of the sort before.
JULIA DONOVAN . I live next door to the prisoner—I saw him standing at his gate, speaking to M'Carthy—he struck M'Carthy over the eye with a hammer from in-doors—M Carthy was taken up insensible—I heard the prisoner use bad language, but not M'Carthy—the blow was inflicted the moment he came out.
GEORGE MILLER (policeman, K 115). I took the prisoner—I found these three hammers (produced) at his house—the handle of one of them is broken—there was a little damp upon it, but I could not distinguish whether it was blood or not.
JOHN WEAR DRAPER BROWN . I am house-surgeon at the London Hospital. On 3rd Sept. I examined M'Carthy—he had a lacerated wound of the eyebrow, a contusion of the forehead and face, and concussion of the brain—I could not see the eye at all—he was in danger three days—I believe this large hammer was the one used (not the broken one)—the jagged part produced the wound, and this large surface the contusion, which I doubt whether the smaller hammers would have done.
Prisoner. It was the one with the broken handle; I did not handle the other for six months before. Witness. The handle, or any foreign body, might have produced the contusion, but I do not think it possible anything but the iron would produce such a wound.
Prisoner's Defence. It was all through drink, I owed him no animosity.
GUILTY. Aged 30.—Recommended to mercy by the Jury — Confined Twelve Months.
MR. PLATT conducted the Prosecution.
Kingsland-road. On Thursday night, 29th Aug., about seven o'clock, I was sitting close to the door of my house, and saw the prisoner come running after a little girl, eight or nine years old, named Louisa Rolfe, the daughter of a neighbour—they both ran into my house; he was close to her—she screamed and seemed excited—the prisoner had a clasp-knife in his hand, open, and he held it to her throat, pulled her down by the hair of her head on the ground, and said he would cut her b—throat—I seized him by the collar, and said, "Go along out, you little rascal"—he immediately turned round upon me and said, "Take that, you b——sow," and plunged the knife into the upper part of my right arm—it bled very much, and was bleeding for two hours and a quarter—he got away from me and ran away—I went to the doctor, and had the wound attended to, and afterwards gave information to the police—I was present when the prisoner was taken into custody at his mother's house, in White Bear-gardens.
Prisoner. I won't do so any more.
COURT. Q. Do you know the prisoner at all? A. He lives near me, and I know him by seeing him about the streets—he has no father, his mother goes out with a crockery-basket—I do not think he is quite right in his mind, from what I have heard—they cannot do anything with him at school; he will not learn—I do not know much about him—I have not lived long in the neighbourhood.
HENRY DUNCAN SMITH . I am a surgeon, in the Kingsland-road. On 29th Aug., Mrs. Brown came to my surgery—she had an incised wound on the outer side of the right arm, midway between the elbow and shoulder—it was about half or three-quarters of an inch in length, and extended to the bone, about half an inch in depth.
COURT. Q. Do you know anything of this boy? A. I never saw him before—I believe my predecessor in business attended him for fits of an epileptic character, but I only know that from hearsay.
HENRY WARD (policeman). On Thursday night, 29th Aug., I went to the prisoner's mother's bouse, and found him in bed—I said he must come with me for stabbing a woman—he said nothing, but cried—I asked him what he had done with the knife that he did it with—he said his sister had taken it from him—I then took him to the station.
COURT. Q. Had you any other conversation with him, so as to form any judgment of his state of mind, whether he knew what he was about? A. No, I had not—he got up and dressed himself, and went with me.
The prisoner's statement before the Magistrate was read as follows—"I will not do it any more."
Prisoner's Defence. I say my hymns when I go to school.
MR. SPICER (examined by the Court). I am a surgeon, and am attending in the gaol of Newgate for Mr. Sewell, the assistant-surgeon—I saw the prisoner in the gaol yesterday only—I examined him so far as I could—he seems foolish, with little or no sense about him—I cannot say he is insane—he seems a half-witted lad—he does not give very rational responses—I should hardly say he was idiotic—as far as I can judge I should say his ideas of right and wrong would, to a certain extent, enable him to know whether he was right or wrong in committing this act.
MR. WILLIAM WADHAM COPE . I am governor of Newgate—the prisoner has been fourteen or fifteen days in my custody—he is about nine years old—I have seen him two or three times every day since he has been in gaol—the poor boy has been subject to fits frequently—he has been visited constantly by Mr. M'Murdo and Mr. Sewell—he is very much afflicted—I think he
knows right from wrong—he seems to act very well, except when the fits are upon him, which is very frequently, sometimes two or three times a day—we have been obliged to keep him in the Infirmary ever since he has been in the gaol—at other times he is a very well-conducted boy, very quiet and peaceable—when the fits are upon him he seems scarcely to know what he is about.
COURT to MR. SMITH. Q. Do you think the prisoner could have committed this act whilst under the influence of an epileptic fit? A. No; I never heard of such a thing—persons are powerless under the influence of an epileptic fit; but I believe that a series of fits tends very much to weaken the mind, and predispose it to insanity.
GUILTY. Aged 9.—Strongly recommended to mercy by the Jury. — Transported for Seven Years, with a recommendation from the Court that he be placed under proper care.
MR. COCKLE conducted the Prosecution.
WILLIAM RYDER . I am an engraver, and lodge at 255, Strand, at the house of Mr. Nicholas, a tobacconist. On Saturday, 7th Sept., a short time before four o'clock in the morning, I was awoke by Mrs. Nicholas (Mr. Nicholas was absent in the country)—I went down and spoke to a policeman—I then went to the back of the premises, and waited with Thurtell, eighty or ninety paces from the front entrance—I then went to the front entrance, opened the window of a back-room, got out on to the leads of Mr. Nicholas's house, and saw the prisoners on Mr. Wilson's house, the second house to the right towards Temple-bar—I shouted, "Look out, there are two of them!"—I was then about four yards from them—in half a minute after, they walked along the wall of the next house to ours, and dropped four feet down from Mr. Tomlinson's wall—one of them, I should say by his voice it was Charles, said to those below, "Well, we will come down"—I saw nobody below—they immediately dropped into a passage at the back of the house to the ground—it leads to some houses, but is no thoroughfare—I ran to the back, and found George in custody of a policeman, and Charles in Thurtell's charge, who was holding him by the left-hand, with a loaded pistol in his right—I tried to seize him twice—he put himself in a very menacing attitude, and said he would not move from that spot without a policeman, and threatened to knock the teeth down the throat of anybody who attempted him—I ran and found another policeman—we all went to the station.
Cross-examined by MR. ROBINSON. Q. You were a good deal excited? A. Somewhat; where I first saw them was about four yards from Mr. Tomlinson's, the next house but one—the houses being in a crescent, narrow considerably at the back—the backs abut on Newcastle-court; you would endanger your life to get there by going over the wall—Mr. Nicholas is not here—the prisoners were quite sober—there is a flight of steps twenty or thirty yards from the house, and between it and Newcastle-court there is only one direction in which they could get over the wall—that would not bring them to the backs of some houses—a great many women of the town live in the court.
MR. COCKLE. Q. What is the height of the wall which is between your house and the public passage? A. Fourteen or fifteen feet; it extends at the back of all three houses, but ours is lower than the rest—no one could have gone there with a view of getting on to the roof of any house in Newcastle-court, there is a chasm between.
WILLIAM THURTELL . I am shopman to Mr. Nicholas, a tobacconist of 255, Strand, next door to Mr. Tomlinson. I was asleep at the top of the house about four o'clock in the morning, and was awoke by the landlady—I went down with Ryder, and remained outside with a policeman—Ryder left us and shortly after he called out, "Look out below, there's two of them!"—saw the prisoners come from Mr. Tomlinson's wall—they got down about four feet, then got down on to our roof, and dropped down into the street near us—I had a pistol; I put it to Charles's head, and threatened to shoot him if he made the least resistance—Ryder came up—Charles put himself in a fighting attitude, and said he would not go off the spot unless we had the assistance of a policeman, and he would knock the teeth down any man's throat who attempted to take him—another policeman came and took him.
JAMES TAYLOR . I am porter to Dobree and Tomlinson, pawnbrokers and silversmiths, of 254, Strand; it is Mr. William Benham Tomlinson's dwelling-house, and is in the parish of St. Clement Danes; I sleep in a room at the back. On 7th Sept., I was awoke by Mrs. Tomlinson about four o'clock—I looked out at the back window, and saw two men crossing the back premises to the wall of Mr. Nicholas's house, where they dropped—I afterwards saw the prisoners in custody—I examined Mr. Tomlinson's premises about a quarter-past six—the bar of the back-parlour window had been wrested out of its place and bent—there are two bars which cross each other; they go through, and a pin is put inside—the other bar was in its original state—I had fastened the window at seven the evening before—the bar was not bent then, or the pin could not have been put in—I found the bracket of the spout removed, and a piece chipped off, as if somebody had come over there—the slides were displaced three or four feet from there—the back-parlour shutters were newly painted, and I saw the print of a dirty hand just in the middle where it clasps—that mark was not there the night before.
Cross-examined. Q. What sort of a bar was it? A. A quarter of an inch thick; there was a mark of the palm of a hand upon the bar, and of the fingers on the shutters—that is about six or eight yards from the front of the houses in Newcastle-court—from Mr. Tomlinson's you can look up Newcastle-court, or down into Pickett-place—it was a very nice light morning—you could distinguish a person at the length of this Court—the parlour-window looks into a yard which is enclosed by a wall about nineteen feet high.
GEORGE FELTON (policeman, F 40). On 7th Sept., about four o'clock in the morning, in consequence of information, I stationed myself opposite Mr. Tomlinson's wall in Pickett's-place, at the rear of the house—in a few minutes I heard Ryder call, and saw two men come on the wall at the back of Mr. Nicholas's—one of them said, "We will go down," and then they dropped into Pickett's-place—I took one; it was George Bentley, and Thurtell, who was a few yards off, took Charles—I found on George a life-preserver, knife, two silk handkerchiefs, and 2s. 4 1/2d. (produced)—I afterwards found a piece of candle and a lucifer, on the roof of 256.
Cross-examined. Q. How far was the candle from Mr. Tomlinson's window? A. Twenty or thirty yards, in the direction of Pickett's-place.
WILLIAM FRANKLYN (policeman, F 72). I heard a cry at the back-door of Mr. Tomlinson's, and saw the prisoners into custody—I took Charles to the station, and found on him this life-preserver, screw-driver, wax-candle, taper, a purse, eight shillings, and two knives, one a very large one (produced).
CHARLES BENTLEY— GUILTY . Aged 21.—
GEORGE BENTLEY— GUILTY . Aged 20.— Confined Nine Months.
(There was another indictment against Charles Bentley, see page 700.)
NEW COURT.—Friday, September 20th, 1850.
PRESENT—Mr. Ald. KELLY; Mr. Ald. HOOPER; Mr. Ald. WILLIAM
HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
MR. BALLANTINE conducted the Prosecution.
JAMES STAFF . I am clerk to Mrs. Nancy Brown and Mr. Mason. They are hay and straw salesmen, in the Old Bailey—Wren and Brace were in their employ, as carmen—Messrs. Elliott, the brewers, deal with us for straw—on 27th Aug. I sent three loads of straw to their brewery—I sent Wren and Brace with it in two carts, about four o'clock—I saw them leave Smithfield with it—I directed them to deliver it at Elliott's and Co., at Pimlico—it would take them about an hour to go—I saw Wren and Brace again the same evening about eight—Brace produced to me the receipt for the two loads of straw—they were worth 28s. a load, four guineas altogether—this is the receipt—(read—27th August, 1850, received three loads of straw. T. Johnson.)
Cross-examined by MR. PARRY. Q. How long have Brace and Wren been in your service? A. I believe Brace about twenty years, and Wren about twelve; they have always been carmen—as far as appearances go, this stamp is in the ordinary course of business—this stamp is the stamp of the brewery.
JAMES TITCOMBE . I live in Buckingham-cottages, Westminster, and am horse-keeper at Messrs. Elliott's. It is not my business to see what hay and staw arrives, but I am generally there when it arrives—on 27th Aug. I was there from half-past four till six o'clock—no straw arrived in that time, and not in the day at all.
Cross-examined by MR. PARRY. Q. It is not alone your duty to do this? A. No; I am horse-keeper—I look after the horses and clean them, and such as that—I was from hall-past four till six o'clock within twenty yards of where this straw would have gone, if it had come to go in the loft—I was not standing still, I was backwards and forwards from one stable to another—I had a horse to clean, he is sometimes a teaser—I had not above one pint of beer that afternoon—Mr. Thomas allows us a pint a piece at four o'clock—one of us fetches it—I did not fetch it that afternoon—I had my share, about two half-pints.
Cross-examined by MR. PAYNE. Q. You are subject to the gout, are you not? A. I have not had it these two years—I am not in the habit of drinking—our premises are large—there are but two places where they put straw, but it is very seldom put in one of them, I do not believe there has been straw there these six months—when I was in one stable I could see what was done in the other—I was looking at the horse, but sometimes I turn my head another way.
MR. BALLANTINE. Q. How long would it take to deliver a load of straw? A. It depends on the number of hands—if there were three or four hands, I suppose it would take twenty minutes—I know the place where the straw comes in—I should have seen it if it had come in within those hours.
duty, in the event of goods being delivered, to mark the delivery orders. On 27th Aug. I was there from four o'clock in the afternoon, till twelve at night—there was no delivery order brought to me—I was in a position to see if any straw was delivered, and there was none—I am a watchman—the delivery order is stamped with a composition; I do not know what it is; it is put on a piece of leather and stamped—I did not stamp this order(looking at it)—Davis may have done this, but I cannot say that he did.
Cross-examined by MR. PARRY. Q. Where are the stamping materials kept? A. Stuck up in what I call a badge, in a little box in which I sit down occasionally—I was not in the box all the time—I was in the line of road so as to see anything that came in—I had my supper there after the gates were shut at night—I go round the premises, but I was not away from the line of road till after the time that the straw was said to be delivered—there was a horse opened that day—the stamp is generally kept in a drawer in my office, but it is now in my pocket.
MR. BALLANTINE. Q. What time do you go your rounds? A. If I go there at four o'clock, I go round at a quarter before ten—it takes me from eight to ten minutes to go round.
CHARLES FREDERICK BASING . I am clerk to Messrs. Elliott. Davis was foreman horse-keeper, in their employ—it was his duty to receive all the hay and straw—having received it, it was his duty to receive a delivery order with it, and get it stamped by Johnson—Davis had no right to stamp it himself—the order is then brought to the office, and the receipt is obtained from the clerk in the office—I was the clerk in the office that afternoon—I gave this receipt on the faith of the delivery order which Davis gave me—as nearly as I can recollect, I gave this receipt about ten minutes before six o'clock in the evening.
Cross-examined by MR. PARRY. Q. This stamp indicates that the goods have been delivered? A. Yes; that the goods had passed the gate—I know of no instance in which anybody has stamped the order with this stamp but Johnson—sometimes we do not receive any of these notes in a day—we have four watchmen, and four stamps—each of the watchmen may stamp a delivery-order—we have two gates and four watchmen—one is on and one is off duty.
Cross-examined by MR. PAYNE. Q. The watchmen all keep their stamp in their possession? A. Yes; Davis has been in our employ about two years—I believe he has a wife and a large family—I think his wages are about 25s. a week.
WILLIAM RAM . I live in Turnmill-street, Clerkenwell, and am in the employ of Mr. Achelor, the horse-slaughterer. On 27th Aug. I was sent for, and went to Messrs. Elliott's, at twenty minutes to six o'clock, there was a dead horse there—as I was going along, I met two carts loaded with straw, in Tothill-street, Westminster; they were driven by Wren and Brace—I went straight on, and arrived at the brewery—I found the dead horse there, and I drew it out of the coach-house—I saw Davis there, and he asked which way I was going home—I said up Tothill-street—he said he was going into Westminster, and he would ride with me—he rode with me, and on the way we stopped at a public-house in York-street and had a drop of gin—we went round Princes-street, as they were making a sewer, and in Princes-street I saw two of Brown and Mason's carts empty, and Wren and Brace were with them—I saw something pass from one of them into Davis's hand, I could not see what it was—I could not hear what they said, they were talking by themselves, and were three or four feet from me—I had to look to my horse—I left them all three there—I got up in the cart, and came home.
WILLIAM CUMMINGS (police-inspector). I took Wren—I asked him what he and Brace had done with the three loads of straw, which was given them to take to the brewery in two carts—he said they were delivered to Davis, and Davis got the receipt from the clerk in the office, which was given to Brace.
WREN— GUILTY . Aged 32.
BRACE— GUILTY . Aged 28.
Confined Eighteen Months.
DAVIS— GUILTY . Aged 42— Confined Eighteen Months.
(There was another indictment against the prisoners.)
MR. PARRY conducted the Prosecution.
JOHN ROBERT HUGGINS . I am in the employ of Messrs. Browning's, of St. John-street. On the morning of 30th Aug., I was watching in their yard for another purpose—I saw the prisoner carry a can of oil, and place it by the side of a wagon, near the centre of the yard—there was a cart which stood partly before it, and partly covered it from view—he left it there, and returned in about half an hour and took it into the turpentine warehouse—about an hour afterwards I saw the can in the turpentine warehouse—it was the only can of oil that was there—I believe it to be the same can that I saw the prisoner bring into the yard—it had no business there—I spoke to Mr. Browning about it—it turned out to be olive oil, which is never taken but by an order from Mr. William Browning—the olive oil is kept in the new warehouse—the prisoner was coming in a direction from that warehouse.
Cross-examined by MR. CHARNOCK. Q. You cannot say that this is the can the prisoner had? A. It was the only can that was there—there were some cans here yesterday, but they were not of the size of this one—this is the same can that I saw in the yard; I can swear to it, there is no mark on it—there were other cans on the premises, but not in that part of the ware-house—our yard is not very wide—the new warehouse is at one end, and the turpentine warehouse is at the other end—I was secreted about thirty yards from the spot—the prisoner is a porter there—I cannot say whether he is married—there are fifteen or sixteen hands on the premises—there were not a great many persons passed the can while it was in the yard—if any persons looked that way they could see it.
WILLIAM BROWNING . I am one of the firm of James Browning and others. My attention was called to the can of oil by Huggins, on 30th Aug., between ten and eleven o'clock—it was a can of olive oil, containing six gallons, and worth about 25s.—the olive oil is kept in casks, in the new warehouse, and is never drawn out but by my orders—I did not give the prisoner orders to draw this—a can of oil had no right to be in the turpentine warehouse—I gave the prisoner into custody—he told the officer he wished to make a statement—the officer told him if he had any statement, he had better make it to his master—he said to me, "I have been trapped into this; there are others in it besides me"—I believe the can of oil was then in the counting-house, where this conversation took place.
Cross-examined. Q. Is the door of the turpentine warehouse kept locked? A. Yes; and the key hangs by the side—to the best of my recollection, it was locked at that time—the prisoner was a porter—our warehouseman, who has the general superintendence, gave him orders—other men work under him, but they have no right to give orders—I think when I first spoke to the prisoner, I said, "Manley, we want you"—he did not say he had been told by one of the men to take the can from one place to the other—no one take olive oil without an order from me.
Cross-examined. Q. Were you on duty that morning? A. Yes; at my desk in the warehouse—I was not in the new warehouse—there was one man there.
JOHN GUNN (police-sergeant, G 8). The prisoner was given into my custody that morning—I said to him, "Your master charges you with stealing a can of oil"—he said, "I have got something to say to you"—I said, "Anything you have to say, you had better say to your master"—he then stepped nearer to his master, and said, "Master, I have been trapped into this; there are others in it besides me."
Cross-examined. Q. Did he say he had no intention of stealing this, and he had been ordered to remove it. A. No; I am sure he did not.
(The prisoner received a good character.) GUILTY. Aged 25.—Recommended
to mercy by the Jury.— Confined Four Months
MR. W. J. PAYNE conducted the Prosecution.
BENJAMIN HATTON . I have a shop in New-street, Vincent-square, in the parish of St. Margaret, Westminster. I left it on Monday, 19th Aug., at half-past six o'clock—I fastened it with a padlock outside—I had left my tools in the shop—on the following morning I went soon after six to the shop—the door was open, and the padlock broken—I missed my planes, chisels, gouges, squares, gimlets, and other things; all that were loose in the shop—they were worth about 2l.—I saw them afterwards in Whitechapel—these are them—they are all mine.
HENRY JACKSON (police-sergeant,H 11). On Tuesday morning, 20th Aug., I was on duty in Petticoat-lane, between nine and ten o'clock—I saw the prisoner offering these tools for sale to a Jew—the Jew asked him what he wanted for them—he said 8s.—I asked him if they were his own—he said, "Yes"—he afterwards said they were given him by another man to make a shilling of—I took him to the station, and he said, "You might as well have taken the other man; he has got the grin of you, and you have got the grin of me"—I afterwards found the prosecutor.
Prisoner. A young man asked me if I would go and sell these tools; I went and offered them to a man, and the policeman came up; the young man ran✗gaway; the policeman would not go after him, but took me. Witness. I did not see any one run away—there were persons standing round.
GUILTY of Stealing only. Aged 18.— Confined Twelve Months.
SMITH pleaded GUILTY .
MR. COOPER conducted the Prosecution.
SAMUEL HULLEND . I am a wine-merchant, in Pudding-lane. On 10th Sept., Smith came to me—Savage was outside with a truck—Smith delivered me this letter, which is signed, "Ph. Nind"—Mr. Nind had not been a customer of mine—I saw the champagne that was ordered, delivered by one
of my men—Savage held the truck while Smith and one of my men delivered the wine.
GEORGE HINES (City-policeman, 516). On 10th Sept., from information I followed the truck and the two prisoners to the Borough—I there stopped them—I asked Smith where he was going with that wine—he said he came from Leicester-square—I said, "From where there"—he said, "From Mr. Nind's"—I asked him who sent him—he said, "Mr. Nind"—I asked him if he was sure Mr. Nind himself sent him—both the prisoners then answered, "Yes"—I got the assistance of another officer, and we took the truck and the prisoners.
Cross-examined by MR. CHALK. Q. You say Smith answered you first, and then you asked again? A. I asked Smith who sent him for the wine—he said "Mr. Nind"—I asked if he was sure Mr. Nind sent him, and both the prisoners answered, "Yes."
PHILIP NIND . I keep the Sablonaire Hotel, Leicester-square. This letter is not my writing, nor written by my authority—(The letter was in French; a translation of it was read as follows:—"Sir, Will you have the kindness to give the bearer of this note one case of champagne, containing six dozen bottles. PH. NIND."
SAVAGE— GUILTY .
(Both the prisoners received good characters).
MR. COOPER conducted the Prosecution.
HENRY READER WILLIAMS . I am clerk to Mr. Lightly, and his partner, wine-merchants, in Fenchurch-street. On 16th Aug. an order was brought to our place of business, I believe by the prisoner—he was in our office about half an hour, as there was some delay in getting the wine—I have not the least doubt that he is the person—I recognised him immediately at the police station—the order is signed by Mr. Philip Nind, who keeps the Sablonaire Hotel—the prisoner said he brought it from Mr. Nind—I said Mr. Nind's name was not spelt right—he said, "I don't know anything about it; I believe it is the clerk's writing, I brought it from Mr. Nind"—the champagne which was ordered, was given to him by our porter, six dozen.
Cross-examined by MR. M. PRENDERGAST. Q. When was this?A. About the middle of the day, I should think between twelve and half-past one o'clock—two men came, one came into the office, the other stood outside with the truck—our porter gave them the wine—I have a receipt for the wine—this is it—it is signed "H. Cornell"—I have heard that a great many robberies of a similar sort have taken place—I saw the prisoner again on the 5th or 6th of Sept.—there were no other persons in custody then who have since been discharged, there have been since.
Cross-examined. Q. Do you know this handwriting? A. I think I do; I never saw the prisoner write—I never saw writing purporting to be his—I know a person who writes like this, and that person is not the prisoner.
WILLIAM OVERY . I am clerk to Mr. Symonds, of Ingram-court. On the 5th Sept., the prisoner came to my master's, and brought this order (producing it)—he was in our office about a quarter of an hour—some wine was delivered to him—I am quite sure he is the person—on 6th Sept. he brought this other order—he remained about a quarter of an hour that day—I saw him again on the Saturday afternoon at the bottom of our Court—I am
confident he is the person—(the last prisoner, Smith, was brought to the bar)—I do not think I could mistake that man for the prisoner.
Cross-examined. Q. What time did the prisoner come the first time? A. About half-past six o'clock—our office is in Ingram-court, Fenchurch-street—it is rather a broad court—the prisoner staid about a quarter of an hour—he saw Mr. Symonds and me, and Mr. Bullock—he was in the office about ten minutes—I was busy writing—Mr. Symonds brought him into the office to get the case, and he was between the door and the window—I had something to write, and I looked off at the prisoner, and Mr. Bullock said, "You need not look off; your writing is wanted"—on Friday, the 6th Sept., the prisoner came between one and two, and stopped about the same time—I never said it was about two when he came; I said about a quarter to two—there was nobody in the office but me, and I had nothing to do, and I looked at him—there was a truck; I saw the end of it, there was a boy with it—to the best of my knowledge the prisoner had a pair of moleskin trowsers, a black coat, a leather apron, and a cap—(the notes were here read:—"Aug. 16th, Please let the bearer have one case of champagne containing six dozen bottles; it is for a very pressing order I have just received from the country. Ph. Nind."—"Sept 5th. Will you have the goodness to let the bearer of this note have one case of champagne, containing six dozen bottles. Ph. Nind."—"Sept. 6th. Dear Sir, Please let the bearer have one three-dozen case of pale champagne, and twelve dozen pint bottles of brown. You will oblige, yours, Ph. Nind."
Cross-examined. Q. Are these the same as the handwriting to the order in the other case? A. I have no doubt of it.
Witnesses for the Defence.
JOHN GRIFFITHS . I am cellarman to Mr. Jones, of Clement's-lane—the prisoner has been employed by us for the last ten months. On 16th Aug., I was with him at Mr. Jones's—I have a book which the prisoner takes with him when he goes out, and brings it back to me(producing one)—here is an entry, in my writing,—on 16th Aug. the prisoner took a kilderkin of old ale to Mr. Smith, at nine o'clock in the morning—he was back at a quarter-past ten, after which time he never went out till six in the evening—we were washing bottles—he did not go out of the place.
Cross-examined by MR. COOPER. Q. How many days were you washing bottles? A. I cannot say, but I noticed that day, because the prisoner claims so much a day for what he does—he went out in the morning, and the rest of the day he was bottle-washing—I was helping him from ten o'clock till one, and from two till five—I recollect the transactions of the day—I can recollect some of the transactions of the day before, but I have not taken so much notice of them as of this day—the washing bottles is not noted down in the book—I can recollect some things which are not noted down in the book—my attention was called to this day, from the time the indictment was lodged against the prisoner—I recollect that I sent him out, and that he made up his day's work with washing bottles—I did not go out of the cellar that day from ten till six—I did not go to get a drop of beer from one till two—I was sitting down having my dinner—the prisoner was having his dinner in another part of the same cellar—he was not out of the cellar—I have washed bottles since then, I had not on the day before—I think that was the only day in that week that we washed them—the prisoner is my wife's brother.
at No. 14, Mark-lane, about a quarter before one o'clock—I distinctly remember the prisoner delivering a cask of stout there—I was in the counting-house of Mr. Martin, a friend of mine—I remember the time, because the cellarman goes to dinner at one, and he was not gone—I have known the prisoner nine or ten months—from what I have seen and heard of him I believe him to be perfectly honest.
Cross-examined. Q. Would there have been time for the prisoner to reach Ingram-court by two o'clock? A. Yes.
SOPHIA ANN WATSON . On 6th Sept., I was at home at my own residence No. 1, York-terrace, Commercial-road, which is about one mile and a half or two miles from Mark-lane—the prisoner came there at a quarter before two o'clock, and brought a cask of beer which he took into the cellar, and brought up an empty cask which he put on his truck—he was to take it back to Mark-lane—this took him about a quarter of an hour—he left my house about two—I generally dine at one, but on that day it was half-past one.
Cross-examined. Q. I suppose you do not often notice the coming of the beer? A. No; I cannot tell when I was first asked about the 6th of Sept., I think it was on the Sunday following—some friend of the prisoner came and asked me if he brought some ale on the 6th of Sept.—I am quite sure it was on the 6th of Sept., because it was on a Friday—I cannot tell what happened on the 5th or on the 4th of Sept.—I cannot tell when the previous cask was brought to my house—I have a cask about once a month—I am no relation of the prisoner.
MR. M. PRENDERGAST. Q. Does the prisoner bring a book for you to sign? A. Yes; this is the book, and this is my signature to it—the book was like this when I signed it—I read what was in it, and looked at the date.
HENRY LOVELACE WATSON . I am clerk to a wine-merchant at 14, Mark-lane—I live at 1, York-terrace. On 6th Sept. the prisoner called on me in Mark-lane, at a quarter before one o'clock, with a cask of stout and a cask of ale—I gave him directions to take the ale to my residence in York-terrace—considering that he had a truck I do not think he could have gone there in less than three-quarters of an hour; it takes me half an hour to walk, if I walk fast—the prisoner returned to me about three o'clock, and he asked me where he was to take the cask of stout to that he had left with me—I said, "To Hampstead-road;" but while he was gone I had asked the cellarman to tap it for me to taste—it was not quite what I approved of; and when the prisoner came again I told him to take it back to Mr. Jones, and I would see him about it.
Cross-examined. Q. Are you quite sure he was there at a quarter before one? A. Yes; he stopped with me about five minutes, and had a glass of wine—on the next day he was to bring some ale, and he did not—I inquired, and he was taken into custody, and on the Sunday a party came and asked about it.
(The prisoner received a good character).
NOT GUILTY .
(There were two other indictments against the prisoner, on which MR. COOPER offered no evidence).
CRONAN pleaded GUILTY .— Confined Four Mouths.
MR. BIRNIE conducted the Prosecution.
Salisbury-square. On 14 th Sept. I was walking along Whitechapel—I saw Cronan hopping along, apparently lame—I did not see Banden then—I then felt a catch, and saw Cronan a second time, he was then by my side—I said to him, "What are you pulling my cloak for?"—I then felt in my pocket and I had lost my purse, which I had had half an hour before—both the prisoners were then on my right side—I said to my brother-in-law, "That boy has got my purse"—Banden said something to Cronan, but I could not hear what—my brother-in-law and I went after the prisoners—they walked a short distance and saw we were pursuing them, and Cronan ran away across the street—I was running and calling, "Stop thief!" and Bandon came and said, "What has he done, Ma'am"—I said, "He has got my purse"—Bandon said, "I will catch him; I will catch him," and he ran past me—my purse had contained two half-crowns and three or four shillings—I am confident as to the identity of the prisoners.
Cross-examined by MR. COOPER. Q. When you first saw Banden, how near was he to you? A. He was on the right hand of Cronan—he mumbled something to Cronan, but I did not hear what—I had not felt my purse for 1half an hour—I had not been walking in any crowded place; there were very few persons about—I had never seen Banden before that day—he was dressed in a black coat and a hat.
MR. BIRNIE. Q. When Banden came and said, "I will catch him, I will have him," did he look you full in the face? A. I had a full view of his face—it was broad daylight, about three o'clock—I have not the least doubt he is the man.
WILLIAM SWAN . I reside at Tottenham High-cross, and am brother-in-law of Mrs. Rippengell. Last Saturday I was walking with her along White-chapel—she said to Cronan, "What are you touching my clothes for?" and she said she had lost her purse, and that boy had got it that was proceeding on—we went after him—I was about twenty yards behind her—I followed till Cronan ran into a passage—Banden then came up, and a witness came up, who went into the passage and got Cronan out—there was a crowd about, and Banden went and said to the person who had Cronan, "What are you doing with this boy? let him loose;" and he tried to rescue him—I did not see him strike anybody; but I walked up the street, and Banden said, "What do you want with me?"—I said, "I want nothing of you, but when the policeman comes I will give you in charge"—he went on to the corner, and then ran away, and I lost sight of him.
Cross-examined. Q. You had never seen Banden before? A. No; he was dressed nearly as he is now.
LEWIS LEE . I live at 2, Osborn-place. Last Saturday I was in Leman-street—I heard a cry of "Stop thief!"—I saw Cronan running, and he handed a purse to a young man who was near him—the young man went off, Cronan ran into a house—I saw him brought out, and he began to cry very much—the young man that he gave the purse to, came up, and tried to rescue him—I did not see Banden—a policeman was coming, and the man who tried to rescue Cronan started off—I saw a person struck by a man who was taken up, and who has had fourteen days—I did not see any striking after the policeman came.
RICHARD RUSSELL . I live at the White Hart, Leman-street. On 14th Sept. Mrs. Rippengill pointed out to me a house—I went in, and found Cronan concealed in a water-closet—I told him to come out—he refused, and said he had done nothing—I then brought him out, and I had a rare scuffle—the prisoner Banden struck me on the back of my neck—the police came, and Banden ran off.
Cross-examined. Q. Did you get another man punished for striking you? A. Yes; they both struck me.
COURT. Q. Did you ever see Banden before? A. No; he did not say why he struck me—I had Cronan in my hand.
THOMAS TOWNSEND (policeman, H 54). I apprehended Banden last Saturday, at 14, George-street—I told him what he was wanted for—he said he had not seen Cronan that day—when he was at the station, I went and fetched Russell to identify him, and then he said he was not to rights—he asked me how I came to take him, and he said it was Cronan's b—y old mother that put me up to it—I found on him a tobacco-box, two handker-chiefs, and a duplicate in the name of Cronan.
GUILTY .— Confined Twelve Months.
THIRD COURT.—Friday September 20th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MR. M'MAHON conducted the Prosecution.
JAMES ROBERTS . I live at 25, Pratt-street, Camden-town, and am an undertaker's man. Last Saturday night, between eleven and twelve o'clock, I was in Victoria-street—the prisoner Williams stopped me, and asked me to go home with her—I asked her where—she said down a court in Field-lane—I asked her whereabouts—she said "Just down here, not far"—at the same time a man came up, put his left arm round my waist, struck me a blow under the ear, and ran away—I called "Police!" looked round, and saw the man running towards Field-lane—I missed my watch, seal, guard, and key—two men in private clothes, who said they were policeman, came up, arres-ted Williams, and found the watch on her—it was a silk guard, gold key and seal—I have not found them—this is my watch(produced)—Moram appears the same size as the man, and he had a cap on—Moram had one on at the station that night.
Cross-examined by MR. KENEALEY. Q. Did you not, when you first saw him at the station, say he was not the man? A. No; I said I could not swear positively, but he was about the same size—Baker did not come to my side, nor after something had passed between us, did I say he was the man—Baker did not call me aside—he did not go anywhere with me, or tell me anything at all at the station—he did not nudge me, and the policeman did not—after I had said I could not swear he was the man, Baker did not say, "Yes, that is the man; I know it is the man"—I did not fall when the man struck me, because Williams closed in upon me—it was not very dark—I cannot now positively swear he is the man.
MR. M'MAHON. Q. Did the police or Baker do anything to make you say otherwise? A. No.
in Victoria-street, at the bottom of Saffron-hill, which is not many yards from Field-lane, and about 300 yards from Fox's-court, Gray's-inn-lane—I heard a cry of "Police!" saw Williams struggling with the prosecutor, and took her into custody—I found this watch (produced) in her hand—I took her to the station—I saw a man run away, and, to the best of my belief, Moram is the man; I saw him in custody about twenty minutes after.
Cross-examined. Q. When Moram was first brought to the station, did not you hear Roberts say, "This is not the man?" A. No; he said, "I believe he is the man; I cannot positively swear to him"—Williams had been drinking, but was not drunk—I was at the police-office—Moram did not offer to make a statement—Sir George Carroll cautioned him, he did not say, "If you take my advice, you will say nothing till your trial"—he said it was his duty to caution him, because it might be used against him—he did not dissuade him in any way from making it.
Williams. The policeman is the man who took the watch. Witness. There is no pretence for saying I took the watch from Roberts.
JOSEPH BAKER . I am a potman and waiter, and live at Pickett's-place, Strand. Last Saturday night, about twenty minutes-past eleven o'clock, I was standing at a post in Victoria-street—I saw Moram go across the road towards a man and woman who were standing by the rails—he put his left arm round the prosecutor's waist, struck him with his right fist at the side of the head, and ran off—there was a cry of "Police"—I went after the pri-soner, and when I got to the corner of Field-lane I was tripped up by some males and females—I then ran back, and saw Williams in custody—when I first saw Moram I was walking towards him, and was about a yard and a half, or two yards from him, and I had a good look at him, and gave Fisher a description of him—we went to several places, and at last found him standing at the corner of a narrow dark court in Fox-court, Gray's-inn-lane—the in-stant I saw him I said he was the man—Fisher arrested him, and told him the charge—he said it was a d—d lie, he had not been in Victoria-street all that day—he resisted very much—Fisher was obliged to call two more police-men before he could secure him.
Cross-examined. Q. How long have you been out of employ? A. Three weeks—I was last at Mr. Edwards's, in Stanhope-street, Clare-market—I was there thirteen weeks—before that I was out of employ ten weeks, and before that I was in Clare-street—I do not know the meaning of the word trap—I never heard it in connection with policemen—I never heard what a police-man's trap is, and never acted the part of a trap—this is the second time I have appeared in a court, to give evidence—I gave evidence before on behalf of the police—I did not get any expenses—I have not been leading a strange life about the streets for two years—I was never potman in Bear-street—I live with my father and mother-in-law, at 7, Pickett's-place—I do not live at 7, Robin Hood-court—on this night I saw Moram for about a minute before the transaction happened—I had no reason for taking particular notice of him—when he was first brought to the station, I did not hear Roberts say, "That is not the man:" I do not know what he said, I was not near him—I was talking to one of the City-police, who took the charge; he is not here—I will not swear Roberts did not say so—I did not go up to him, and say, "That is the man I saw strike the blow"—I did not nudge Roberts—I did not speak to him at all when the charge was entered—I left my last place through illness—I was obliged to go into the country—I came back, and in a fort-night was again taken ill—I am not always dodging about Gray's-inn-lane—I go round Holborn, Fleet-street, and the Strand, looking for a situation.
WILLIAM FISHER (policeman, G 127). Last Saturday night, between eleven and twelve o'clock, I heard a cry in Victoria-street, ran up, and found the prosecutor and Williams—Baker came up to me—I went with him, and found Moram in Fox-court—it was very dark where he was standing—Baker pointed him out as the man who had struck the prosecutor—I told him he was charged with being concerned with a female now in custody, with assaulting and robbing a man in Victoria-street—he said it was a d—d lie, he was not in Victoria-street—he was very violent, and I was obliged to get the assistance of two other constables before I could take him—I saw the man running away from the prosecutor, and to the best of my belief the prisoner is the man.
Cross-examined. Q. When you saw him run away, you began to believe it was Moram? A. Yes; I never saw Baker before that night—he is no trap of mine—I understand a trap to mean a man who goes about with policemen, getting evidence—Moram resisted very violently—I did not hear Roberts say at the station, "That is not the man"—he said, "To the best of my belief, that (is the man"—I did not hear Baker say, "Yes, that is the man; I saw him strike you"—Roberts did not then come forward and swear to him—I was at Guildhall when this charge was heard—after the Magistrate had given the prisoners the ordinary caution, I did not see that Moram was about to make a statement—I did not hear the Alderman say, "It will be better for you to reserve what you have to say till your trial;" I will not swear he did not—Moram said he had nothing to say—I did not pass him by three times before I arrested him—I went straight up to him—I did not show him to Baker before I went up to him—Baker saw him at the same time as I did.
MR. KENEALEY called
ANN ALLPRESS . I live at 56, Baldwin's-gardens, Gray's-inn-lane. My brother keeps two lodging-houses there, and the prisoner occupies one room—his mother and father live there also—last Saturday I saw him several times in the course of the day—I saw him at one o'clock, two, between three and four, seven, and the last time was from half-past eleven to twelve, when I was going to close the shop, he was then coming down-stairs from his mother's room with a hunch of bread—I have known him three years—I always found him strictly honest, and he has borne a good character.
Cross-examined by MR. M'MAHON. Q. How near are Baldwin's-gardens to Victoria-street? A. I cannot say—it was not so late as twelve o'clock when I saw him, because we are quite closed then—it was after half-past eleven—I never saw him in Williams's company—the prisoner's mother came down into the yard just as I was going to shut the door, about half-past eleven.
Cross-examined. Q. It could not have been as late as twenty minutes to twelve? A. No; I had been to see the time just before, at the beer-shop—Baldwin's-gardens is about five minutes' walk from Fox-court—I had not seen him between eight and eleven—I saw Mrs. Allpress shutting up her shop at the same time that I saw the prisoner.
MR. KENEALY. Q. Can you say at what time before you had seen him? A. About a quarter to eleven; he was then walking through Baldwin's-gardens into Leather-lane—there was no one with him.
MORAM— GUILTY .†**Aged 21.
WLLIAMS— GUILTY .† Aged 28.
Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
JANE LAWRENCE . I am single. In Oct. 1843, I lived at 12, Golden-lane, Cripplegate, and carried on business in the general line, a chandler's-shop—I then knew the prisoner, and had done so a couple of years; he is a servant, and was then out of place—he came to my house very frequently—in the Sept. before I had drawn 148l. odd, out of the Camberwell Savings-bank, to go into business—in Oct. I had a 40l. and a 10l. Bank of England note, and 10l. in gold and silver, in a desk in the parlour on the ground-floor behind the shop—the desk was generally unlocked—adjoining the parlour there is a bedroom—I missed this money on a Sunday morning, having seen it safe on the Friday night—the prisoner came on the Saturday, and was in and out of the parlour most part of the day till he left—a person named Hart was there that day cleaning out the parlour and bedroom—the prisoner was in the parlour when I was not—he knew I kept money in the desk—I had never sent him there for money, but I sent him that morning to fetch a wafer, which he brought to me—about three o'clock I asked him to bring some coppers out of the bedroom, which he did, and then went to the parlour, fetched his hat, and went off directly, saying he should return in a quarter of an hour—I was at home the whole day, and he did not return—I next saw him at Moor-lane station, last month—on the Sunday morning I went to my desk to put some more money in, and missed the notes and the money—I sent Hart to Mr. John Trinnick, a friend of mine, and made known to him what had happened—I could get no information at the Savings-bank about the notes—I had not taken the numbers.
Cross-examined by MR. PARRY. Q. Are you generally called Mrs. Law-rence? A. Yes; the prisoner knew I had taken the money out of the Savings-bank to take the shop—I had not consulted him about it—he was backwards and forwards at my shop constantly, and taking his meals there at times—I wished to behave kindly to him—he is no relation of mine—he was paying his addresses to me—he did not visit me till I went into business—I do not know whether he has been married since—I do not know whether there was a lady jealous of me—I did not see him in company with any other lady while he visited me—a lady did come and complain that I was engross-ing his affections; that was after the money was lost—he breakfasted with me on the morning in question, at nine o'clock—he had slept in the parlour the latter part of the night, with my permission—I did not ask him directly after breakfast to go into the parlour that the customers should not see him—he left about ten minutes before three—he did not go to the bedroom to dress and shave—he went out—he dined with me between one and two—he was aware the money was in the desk—it was in the parlour he slept in—he did not assist me in my business—I am not carrying on the business now, I was not able—I spoke to Mrs. Hart half an hour after I discovered my loss—I did not tell her of it till Mr. Trinnick came, when I did so in his presence—when I first spoke to her I only asked her to go for Mr. Trinnick.
CATHERINE HART . I am the wife of Robert Hart. Seven years ago I was lodging with Mrs. Lawrence, of 12, Golden-lane—on a Saturday in Oct., I went to clean her parlour and bedroom for her for, the first time—till that day I had not been further than the shop, to pay my rent—I never saw the prisoner before that day—I went about eight o'clock in the morning—he was then in the parlour—after dinner I was cleaning knives in the parlour—he asked me if it would make any difference to me if I cleaned the bedroom first
instead of the parlour—I said it would not be so convenient, but if he wished it I would do so, and did so in consequence—when I left the parlour the desk was on the table, on the right side of the parlour—I do not know whether it was locked or not; it was very small, and I thought it was a workbox—I did what was necessary in the bedroom—I was there an hour, more or less—I was in and out of the parlour during the time—I fetched the prisoner a pint of half-and-half, and he sat drinking it and smoking his pipe—when I had finished in the bedroom I went to the parlour and saw the prisoner at the desk—he took something out and went into the bedroom—he stood with his back towards me, and I saw him empty some money out of a piece of brown sugar paper, and put it into his left-hand trowsers pocket—I saw gold in his hand—he then turned round to the desk, put in the empty paper and took out another piece of paper—he went into the bedroom, and I distinctly saw him folding two pieces of paper exactly the size of bank-notes, which had figures and letters on them—he put them into his right-hand trowsers pocket—Mrs. Lawrence then called him to bring a few coppers, as she was paying the baker in the shop at the time—he took her the coppers, which he got from a basket under the drawers in the bedroom, and went into the shop—he then returned to the bedroom, searched for something, which he did not seem to find, returned into the parlour, took up his hat, and went out, stating to Mrs. Lawrence, in the shop, that he would be back in a quarter of an hour, as he was going to the landlord about some alterations that were to be made—I did not see him again till he was in custody at Guildhall—I said nothing to Mrs. Lawrence about what I had seen—on the Sunday morning she sent me to Mr. Trinnick, of Elm-street, Gray's-inn-lane—he came, and I then heard her complain about the money.
Cross-examined. Q. When you saw him going out, did not you say, "Why, Mr. Clayton has been at your desk and got a lot of your money?" A. No, because she had sent him to it for wafers—I was not in the parlour by myself that morning—Clayton was only in the bedroom doorway—I was cleaning knives—of course he saw me—he did not go out till three in the afternoon—I was there the whole time till nine at night—Mr. Trinnick came about three on the Sunday—I did not know of the loss at twelve o'clock—I knew there was something the matter with Mrs. Lawrence; she was crying—I mentioned to my husband on the Saturday night that there had been a man there and taken some money out of the desk—on the Saturday night I said to Mrs. Lawrence, that Clayton was a long time, she remarked, no doubt he had been drinking as he was tipsy the night before—I do not know that I was suspected at all—nothing was ever said to me about it—my husband is a bricklayer—I was married at that time, and have been ten years.
MR. RYLAND. Q. Have you ever been accused of having stolen this money? A. No, I never heard of it—I did not mention this on the Saturday—I was given to understand that the prisoner was the prosecutrix's brother, and, as he had been sent to the desk in the morning, I thought he had a right to go a second time.
JOHN TRINNICK . I have known Mrs. Lawrence twenty years, and the prisoner sixteen—I recollect Mrs. Hart coming to me one morning in Oct., 1843, in consequence of which I went to Mrs. Lawrence, who made a complaint to me—I gave information at the station, gave a description of the prisoner, and offered a reward of 10l. for his apprehension—Mrs. Hart said nothing to me, more than that Mrs. Lawrence wished to see me—Mrs. Hart was present when Mrs. Lawrence told me she had been robbed, and she told Mrs. Lawrence something about what she had seen the day before—I gained
information, and on 6th Aug. last went to a club-house in St. James's-street, found the prisoner there, and gave him into custody.
Cross-examined. Q. Was he there in service as a waiter? A. Occasional Waiter—the club-house is what was formerly Crockford's—I believe it is now the Army, Navy, and County—I never knew anything against him—I do not know whether he is married—I have seen a female who passes as his wife.
WILLIAM SERL . I live at Peckham, and am secretary to the Camberwell, Peckham, and Dulwich Savings-bank; I was so in 1843—there was then a depositor in the bank named Lawrence—in Sept., 1843, there was a sum of money in the bank, in the name of Jane Lawrence—I know that by my books, which I have here—in Sept. we paid Jane Lawrence 148l. 9s. 1d.—Mr. Joseph George Green was the manager that evening, and was present—I cannot say whether the prosecutrix is the person.
HENRY TAYLOR (policeman, D 77). On 6th Aug. I accompanied Mr. Trinnick to the Army, Navy, and County Club, and found the prisoner there—I charged him with stealing money from Mrs. Lawrence six or seven years ago—I did not then know the amount—he made no answer, but on the way to the station he requested me to let him go home, to get some money and clothes, which I refused—I was before the Magistrate when be was—he made no statement.
Cross-examined by MR. PARRY. Q. Do you mean to say he did not deny the charge? A. No, he was represented by an attorney.
Lady Hannah Maria De Butts; Richard Cutting; Henry Martin, tailor; Jama Philpot; and William Harrison, Esq., merchant, of Highgate, gave the prisoner a good character. GUILTY. Aged 42.—Recommended to mercy by the Jury. — Transported for Seven Years
Before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined Four Months.
JOHANNA ELIZA BRISCOE . I lodged with the prisoner. On Tuesday, 10th Sept., I missed a Tuscan bonnet from a box in the front-room—I asked the prisoner where it was—she said she had left it at a person's named Kingdon, and she would get it for me in the morning—next morning I went to work at half-past six o'clock, came back at eight, and the prisoner was gone—I went to Mrs. Rayner's, and while there I saw the prisoner go by with another bonnet of mine on—I went and spoke to her about it, and she said she would give it me back in the morning—I asked her what made her sell my other bonnet—she said she had not sold it, she had only borrowed on it—I gave her into custody—this is my bonnet which she sold(produced.)
Prisoner. Q. Did you not lend me the bonnet and shawl? A. No; I was to pay you sixpence a week for my lodging, and I paid you sixpence on the Saturday night.
this bonnet in a band-box, and asked me to buy it—I asked what she wanted for it—she said 2s.—I asked where she pot it—she said she had bought it at a gentleman's house—I asked whether it belonged to the poor girl that lodged with her—she said, "No"—I said, "Are you sure it don't belong to her?"—she said it did not, and I bought it—she came to my shop afterwards, and the bonnet was lying there—she said, "Put that bonnet out of the way"—I said I had bought it, and should not—the prosecutrix came to me in the evening and claimed the bonnet.
Prisoner. Q. Was not my family in deep distress? A. Yes, they were in want.
BENJAMIN JONES (policeman.) The prosecutrix gave the prisoner into my charge for stealing her bonnet and shawl—the prisoner said, "You lent them to me"—the prosecutrix said, "I did not"—the prisoner afterwards said, "I merely took them for the day."
Prisoner's Defence. I have five children, and had no relief from the parish; I took the bonnet, and Mrs. Rayner gave me 1s. for it; when I went home, the prosecutrix asked me for it, and I said I had left it down at Ilford; the shawl and the other bonnet she lent me.— GUILTY . Aged 27.
Recommended to mercy, in consequence of her poverty.— Confined Two Months
Before Mr. Justice Talfourd.
MR. ROBINSON conducted the Prosecution,
JOSEPH CARMICHAEL . I carry images about for sale. On Saturday night, 24th Aug., about twelve o'clock, I went into a public-house at West Ham, and saw the prisoners and a number of people—Sullivan took an image from me—I had to stand a pot of beer to get it back, I took out my purse, and took 1s. out—I received 10d. change—I think I then had about 16s. in my purse, but I can only swear to 11s.—persons there could have seen money m the purse—Baldock was there—I left, and went towards home—my money was then, safe—when I had got about a quarter of a mile, the prisoners came up to me with four others—Sullivan struck me in the face with his first—I was knocked down, had two black eyes—I had four images in my pocket—Baldock took them out and chucked them away—I had my hands in my pocket to save my money—they held me down while Sullivan rifled my pockets and took my money—I was kicked; I called, "Murder!"—Sullivan was on the top of me when the policeman came—I had been drinking, but knew what I was about—these are my images ( produced)—my purse and money have not been found—I am sure I did not lose them in the public-house.
Cross-examined by MR. COCKLE. Q. What is the value of the images! A. 1s. the four—I was not in the public-house above ten minutes—I had a pint of beer, and waited to get my image back—I went there to sell them if I could—I had called at other public-houses for the same purpose—I think the prisoners had been drinking—it was a finish night—I had seen Baldock before.
GEORGE THOMAS WILLIAM MUGGLESTONE . I am a surgeon of West Ham. On this night I was returning from visiting a patient, about half-past twelve o'clock, and saw two men in West Ham-lane rifling another man's pockets—one had hold of each arm—they gave him three or four blows on the head—I elieve Sullivan is one of them—I do not think Baldock is one of the two, but I saw several men behind following at some short distance—it was not
very light, and there were no lamps—I met a policeman and told him—I then heard cries of "Murder!" went back to the spot, and saw the policeman holding some one in a white jacket, who I believe was Sullivan—an image was picked up in a field close by.
Cross-examined. Q. How long were you looking at them the first time? A. I was merely passing; I saw them before I came up, while the man was standing—I passed close to them; they were rifling his coat pockets—one was on each side of him—I saw them put something into their pockets—I returned in about three minutes—I saw nobody on the ground—the blows were inflicted as he walked along—I did not interfere till I got assistance.
HENRY DARBY (policeman.)I was on duty, and saw some men going up West Ham-lane—Mr. Mugglestone came up to me—I heard cries of "Murder!" and went and saw Sullivan and another man rifling Carmichael's pockets—they threw an image into the field—I saw some one rise up off Carmichael, who was lying on the ground—I took Sullivan, and asked him what he had thrown over into the field—he gave me no answer—I was in my police-dress, and I think he saw me before he threw it away—I got over the fence, and found this image (produced)—Carmichael appeared very much excited—he had been drinking, but perfectly well knew what he was about—Baldock came up, and I took him.
The prisoners statements before the Magistrate were here read—"Sullivan says,—'Me and John Catchpole and others were going up West Ham-lane, and overheard this man call out "Murder!" I went and picked him up.' 'Baldock says,—I was coming out of the Lord Gough with two young chaps, and heard shrieks of "Murder!" I ran up directly, and saw the images thrown over the fence; I jumped over the fence, saw an image, and picked it up; I saw the policeman take Sullivan in charge; I followed, and asked the man if the image belonged to him; he said, "Yes," and gave me in charge.'"
MR. MUGGLESTONE re-examined. There was a man got over the pales and picked up an image—he had a dark coat on; it might have been Baldock, and I think probably it was.
(The prisoners received good characters.)
SULLIVAN— GUILTY of an Assault. Aged 18.—Recommended to mercy by the Jury. — Confined Six Months
BALDOCK— NOT GUILTY .
Before Mr. Common Serjeant.
HANNAH ELLIOTT . I live at East Ham, and am the widow of Mr. John Elliott; he died on 1st June. On 20th May I had a horse and cart—they were the property of my husband then—the prisoner was in his service, and went out every morning with milk—he went out that morning with the horse and cart, but I did not see him go—he returned, and at eight o'clock I saw him ride out of the yard with the pony, and the saddle and bridle—he did not come back, and I sent for the police—about a month afterwards I went to Mr. Evans, at Royston, I there saw the horse and saddle and bridle, which the prisoner had taken away—the horse was worth more than 10l. to me.
Cross-examined by MR. HORRY. Q. I suppose the prisoner had been in the habit of riding this pony? A. He took the milk to London every morning, and when he came back he took the pony to the marsh, which he
did that morning—he came back a few days ago, and said he was very sorry for what he had done.
JOHN EVANS . I live at Royston. On 20th May, I saw the prisoner with a dun gelding, and a saddle and bridle—he sold me the gelding, and left the saddle and bridle with me, and said he would come back for them—I kept the gelding in the stable in my yard.
Cross-examined. Q. Do you know Mrs. Elliott? A. I know her by seeing her, I did not know her at that time—the prisoner came to me with the horse on the Sunday night—he slept at my house on the Sunday night—I keep the Windmill public-house—he sold me the horse the next morning—I did not know him before—if he had not come and asked me, I should not have bought it—I gave him 50s. for it—I thought it was plenty—he did not ask me to lend him the money—he asked me to buy it on the Sunday afternoon—I said no, I would not buy a horse on a Sunday—I did not tell him to stop, but he did stop, and I bought it on Monday morning—he asked me 3l. for it—I did not buy the bridle and saddle, because I did not want them—I did not want the horse, bat I bought it—the prisoner paid his bill.
CHARLES COLYER (policeman, K 30). On 30th Aug. the prisoner came and told me he came to give himself up to me—he said he could not stand it any longer; he could not get any work, and he was afraid to seek for it—he said he had stolen Mrs. Elliott's horse.
MRS. ELLIOTT re-examined. I saw my horse at the Windmill Inn, at Royston—I have not been trying to get this matter settled, and to get the value of the pony—this paper is not my writing; it is not about the pony, it is about some furniture—I authorised this paper to be sent, but it is about some furniture—they have been continually coming to me about the pony, and wanting me to settle the matter—I said I must do my duty.
THOMAS DELABERTOUCHE (policeman, K 144). I produce a certificate of the prisoner's former conviction at this Court, by the name of John Drake—(read—"Convicted October, 1848;confined three months"—I was present, the prisoner is the person.
GUILTY . Aged 23.— Transported for Seven Years.
EDWARD ROBERT HADGLEY . I went to the Maypole, at Barking-side, on 26th Aug., about four o'clock in the afternoon—I afterwards saw the prisoner there—he was alone—there were other persons in the room—I was carrying two glasses of liquor in my hand to the parlour, and I felt a jerk from my left-hand pocket where I had my watch—the chain was round my neck, and the watch in my pocket—the chain was joined to the watch—I looked down and found my watch was gone, and the chain hanging round my neck—the prisoner was the nearest to me; he had a coat over his arm, and I saw him put his hand under the coat, and he walked away—I went after him, and said to him, "You have got my watch"—he said he had not—I saw him with the watch, and was going to take it from him, but he dropped it just outside the door—I saw him drop it—there was no one near him when I saw it drop—I was about a yard from him—I picked the watch up, and took him in the passage—I gave him and the watch to the policeman—this is the watch.
Cross-examined by MR. HORRY. Q. You live at Whitechapel? A. Yes; I was at the Maypole when I lost my watch—the prisoner was not with several others, he was by himself—he was in the passage—there were plenty of other persons, but they were not with him—I had not had any liquor; I
should have had some if I had not lost those two glasses of grog—I had some friends there—I had been there about half an hour—I did not see the prisoner in the parlour—this is my signature to this deposition—(read—"The prisoner was there with several others")—I did not see him with others—he was in the passage—there were several others there, but they were behind him—he was nearest to me when I felt the jerk—the others were behind, and he was in front of me—the jerk came quite unexpectedly.
HENRY PLOWRIGHT (policeman, K 106). I was called to the Maypole, and took the prisoner—this watch was given to me—the prisoner said, "Let me go, I will pay the damage"—the prosecutor said, "The damage done is 4l., and unless you pay that, I will give you into custody."
JAMES RATCLIFFE (City-policeman, 375). I produce a certificate of the prisoner's former conviction at this Court, by the name of Michael Murphy—(read—Convicted February, 1849;fined one shilling and discharged)—I was present—he is the person.
GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Common Serjeant.
ANN GREEN . I am the wife of Charles Thomas Green—he keeps the George and Dragon, High-street, Woolwich—the prisoner had been in my service about six or seven weeks. On 12th Aug. I went out about seven o'clock, and came back about eleven—the prisoner was there when I went away—I had no idea that she was about to leave—there had been no warning on either side, but when I came back she was gone—I missed two dresses, a dress-pin, a finger-ring, some silk, and other things—the dresses were safe the week before—the bracelets were safe when I left home that evening—the other things were safe when she came to the house—on 24th the prisoner was brought by my father into the bar, and my husband said she had done a pretty thing for herself—she said, "So help me God! I have never seen the things; I know nothing about them"—she said she was willing to pay, but she could not pay all at once—I sent for Mrs. Poole, and I said to her, "Is this the person that brought you the silk to be made into a bonnet?"—she said, "Yes"—the prisoner again denied it, and I gave her in charge—she was searched at the police-station, and she had on a petticoat and a pair of gloves of mine—these are my property, and what I missed—the bracelets have not been found.
Cross-examined by MR. COOPER. Q. In what capacity was the prisoner? A. A general servant—I did not take her from any place—I knew she had been a poor unfortunate girl—I never had occasion to complain of any liberties which my husband took with the prisoner—she said that my husband gave her these articles—when she was brought there my husband came down-stairs and said to her, "You have done a pretty thing for yourself"—she had no boxes at my house—she had some dresses of her own there.
ANN POOLE . I am a milliner. The prisoner brought me this silk to make a bonnet, about a fortnight before she left her place—I said, "It is a curious piece of silk for a bonnet, where did you buy it?"—she said, "I did not buy it at all; I had it left with me for 5s.—this is it.
Cross-examined. Q. Did you know where she lived? A. Yes, at Mr. Green's—I live but a short distance from there—I am not employed by Mrs. Green.
THOMAS CAMPBELL (policeman, R 146). I took the prisoner on 24th Aug., at Mr. Green's—Mr. Green charged her with stealing some articles—this silk was mentioned—the prisoner made use of an oath that she never saw the things, and knew nothing about them—I took her to the station—she was searched by a female, and I received this petticoat, gloves, and duplicate.
Cross-examined. Q. She said these things were given her by Mr. Green? A. She stated so before the Magistrate.
MR. COOPER called
CHARLES THOMAS GREEN . I keep the George and Dragon—the prisoner came into my service twelve or thirteen weeks ago—I know she has been in misfortune, but previous to that she had been a respectable woman—I never took any liberties with her—I was at home on 12th Aug. when my wife was out—I was attending to the bar—the prisoner and a man-servant were there—I never kissed the prisoner, nor took any liberties with her—I have seen this gown before; I believe I bought it—I never gave this, or any of these things to the prisoner; I heard her state that I did; I was there for the purpose of contradicting it, but the Magistrate did not call me.
GUILTY . Aged 23.— Confined Six Months.
Before Mr. Justice Talfourd.
GUILTY . Aged 22:and received a good character.— Confined Six Months
Before Russell Gurney, Esq.
MR. CAARTEEN conducted the Prosecution.
THOMAS SEATH . I am a sergeant of the Royal Artillery at Woolwich. On Saturday evening, 24th Aug., about a quarter to nine o'clock, I was in Hill-street, Woolwich, and saw the prisoner and another female near Mrs. Crichton's shop—I turned round, when I was about twelve or thirteen yards off, and saw the other woman go into the shop, and saw the prisoner go to the window, take hold of a basket of potatoes, and go away with them in an opposite direction from me, carrying the basket in front of her—I do not know what became of the other woman—I went to the shop, made a communication, and went with Mrs. Crichton's son, who was in the shop, and is a bugler to our regiment, after the prisoner—we overtook her about forty yards from the shop, with the other female, carrying the basket of potatoes between them—I asked the bugler, in the prisoner's hearing, whether that was his mother's basket—he said, "Yes"—the prisoner said, "Oh, no; I bought this and the potatoes for 2d." I understood her to say—I sent the bugler for a policeman.
Cross-examined by MR. PARNELL. Q. You are not very certain as to what she said? A. Not about the pence; I came to notice her first because she appeared rather tipsy—I did not take particular notice of the other woman—I cannot say at what part of the transaction the other woman came out of the shop; I was noticing the prisoner—I never saw her before, to my knowledge.
JANE CRICHTON . I keep a greengrocer's shop, at 12, Hill-street, Woolwich. On Saturday night, 24th Aug., I went out about a quarter to nine o'clock, leaving two baskets of potatoes under my window—I came home about a quarter to eleven, when one of them was shown me—this (produced) is it, and the potatoes are of the same sort as mine.
Cross-examined. Q. Do you know the prisoner? A. Yes; she was a customer—she is a respectable person—her husband is a shipwright in the Dock-yard—they have lived in Woolwich a great many years, but I have only known her seven weeks—I was sorry to prosecute this case, on account of her four children, and she is expecting another—I have not said that I believed she would have paid me when she was sober—the bugler had no right to sell in the shop.
JOHN NEWELL (policeman, R 340). I took the prisoner—she said she bought the potatoes for 4d., of a boy—she was the worse for drink, but I believe she knew what she was about—I produce the basket, and a peck and a half of potatoes.
Cross-examined. Q. Was she not very drunk? A. No; a person very drunk cannot carry a basket of potatoes.
(The prisoner received a good character.)
NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
JAMES WILLIAM CROUCH (policeman, R 361). In consequence of information, last Monday night, I went to the prisoners' house, at Greenwich, and found them both there—I believe they are married—I took the male into custody, and gave him to another constable to take to the station—I then searched, and in a cupboard, under some clothes, I found a half-pint pewter pot (produced), with "H. Lovegrove" on it; and under the table I found this can (produced), with "H. Lovegrove" on it—they were at tea at the table, and the cloth over the table, so that I could not see the can without removing the cloth—I then searched under the bed, leaving the pot and can by the door, and when I turned round again the pot was gone—I asked the female what she had done with it—she denied having had it—I searched again, could not find it in the room, and seeing a pot boiling on the fire, I took the lid off, and found it there—the male had then gone to the station—there was no one but the female within reach of the pot.
Catherine Hill. I told him they belonged to Mr. Lovegrove; we used to warm coffee in the can. Witness. She told me she got the can from Mr. lovegrove two days before, with beer in it, and the half-pint pot too.
HENRY CHURCHILL LOVEGROVE . I keep the Ship and Billet, Woolwich-road. This pot and can are mine—I had missed them, with many others; I cannot say when; some the day before these were found, and some a month before—I am sure the can has been away from my house a month—I have accused the prisoners of not bringing back my pots—they are in the habit of
having beer from me where they worked, within 200 yards of my place; but these were found a mile and a half away.
Catherine's Defence. We were in the habit of having beer in them, and kept them to boil coffee in.
CATHERINE HILL— GUILTY on Second Count. — Confined One Month
WILLIAM HILL— NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
JOHN LEACH . I keep the Robin Hood beer-shop, at Greenwich. On 1st Sept. the prisoners came for a pot of ale in a can, and a pot to drink it out of—they said they lived at 4, Bryan's-yard, and would return them next morning at nine o'clock—I lent them to them, and have not seen them since—the male had been drinking at the time.
William Hill. I met his wife, and she told me to leave them at the door; I did so, when I went out to work, at five o'clock, and have not seen them since; being drunk, I told him the wrong address.
JOHN WILLIAM LEACH . I am the son of the last witness. In consequence of information, on 2nd Sept. I went to Bryan's-yard, and several other houses, and could not find the prisoners—I went to No. 4, in Bryan's-yard, and Bryan's-rents, and to 6, Bryan's-yard.
William. We had taken a house in Blue-stile. Witness. That is about three minutes' walk off.
JAMES WILLIAM CROUCH (policeman, R 361). In consequence of information, I inquired for the prisoners at about a dozen houses in Bryan's-yard, and could not find any trace of them—I saw the male on the railway, and told him I would go with him to his house—he took me to 6, Straight's-mouth, which is about 100 yards off—I found them there, and told them they were charged with stealing a pot and can of Mr. Leach's—the male said he never had a can—I searched the house, but did not find anything.
NOT GUILTY .
No evidence teas offered.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 15.— Confined Six Months.
MR. COCKLE conducted the Prosecution.
in Feb.—he came to my house with a female and had supper—I cut their suppers, and then went into the Green Dragon next door—I had only been there a few minutes, when my waiter came in and said, "Here is a gentleman wants to speak to you about taking the house"—I went in, and Saunders said, "I have been speaking to your waiter about taking your house; I have dined at your place a good many times, and I know it is a good one"—he said he knew an old gentleman who had a nephew in the country, and wanted to take a business of that description, would I object to disposing of it—I said I had no objection, provided I could get my price—he asked what I wanted—I said 350l.—he said, "Well, I don't consider that at all out of the way, and I will bring the old gentleman next day"—he said the nephew had come into 2,000l. and was about getting married, but he would come next day, Saturday, and bring the old gentleman to settle the business—I had never seen the prisoner at my house before; he never dined there, to my knowledge—he came next day, with a man named Anderson, who has been tried—I was very busy, and asked them to walk up-stairs, and my waiter attended to them—in about half an hour Anderson came down, and said he wished to speak to me about taking the house for his nephew—I said it was impossible I could speak to them then, I would in half an hour; they had better come back again here—they said, "No, we will meet you at some house"—I said the most convenient place was next door, the Green Dragon—I went, and he asked me all the particulars about the business—I asked 350l. for it, and the prisoner said I was to give him 10l. if his friend took it for his nephew—they both said that the young man had come into 2,000l., and that he lived at Dover—I said he had better bring the nephew there, to satisfy himself about it—Anderson said, "Oh, it rests with me and his aunt; be is but a youngster"—an appointment was made for the Monday following, at the Albion, at four o'clock—I went, and Saunders came after I had been there about a quarter of an hour—he said he hoped he had not kept me waiting, he had had a letter from his friend, which he produced—I said, "I suppose, then, it is all knocked on the head; they have declined"—he said, "No, it is all right"—he read the letter to me, but he would not let me read it, or handle the letter—the letter was, "Dover,—Dear Uncle, I received yours of," a certain day, I cannot exactly recollect now, "and I am glad to think you have taken a house for me in London; there is no business I should like better than an eating-house; it is impossible for me to be up by this morning's train, but I will be with you tomorrow afternoon, by the three o'clock train. I have spoken to my intended, Miss Watson, on the matter, and she approves of it very much. I remain, Dear Uncle, yours etc."—that was the letter, as near as I can recollect—as soon as he had put it into his pocket, I saw Anderson looking through the window—I said, "Dear me, there is your friend"—he said, "Oh, that is impossible, I have just left his house"—I said, "Where does he live?"—he said a few doors from the Bricklayers' Arms"—I said, "What is he?"—he said, "A cigarmerchant"—I said, "He must have been very fast after you"—Anderson then came in and joined us—he said to Saunders, "Dear me, as soon as I sent you out of the house with the letter, my niece came up by the last train from Dover, and I expect my nephew up by the seven o'clock train; they are up buying the wedding-dress; it is no use our stopping here any longer, we will meet here this evening, at seven o'clock"—I went and found Anderson there alone, smoking his pipe, and having a pint of half-and-half—in about half an hour the prisoner came in with another man, and after them a man pretending to be drunk, and another man who pretended to be disinterested with him, but they both sat at the same table—I thought the man was drunk at the time—he
talked a parcel of nonsense—he first addressed his conversation to Anderson about throwing a heavy weight—Anderson laughed at him, and told him to mind his own business, but he dare say he could find a person to throw as heavy a weight as him, meaning Saunders—I know he meant Saunders, because he was sitting alongside of him at the time—I told the man to mind his own business, and told Saunders to take no notice of him—Saunders said he could throw as heavy a weight as he could—the man pulled out some sovereigns, and said he had been selling some cows at Smithfield-market for his mother—Anderson said it was near nine o'clock and his wife ought to have been there, to let him know whether his nephew had arrived or not, therefore he must go; because if she was not there at that time, she was to be at the Surrey Theatre; and he said, "We will go down there together"—we went—the drunken man, and the other with him, left first—we went out immediately after—they went across the road, and I lost sight of them for a time—Saunders, Anderson, and the man that came into the Albion with Saunders, left with me—we walked down to the Surrey Theatre, and Anderson pretended to go and see whether his wife had come—his wife was not there, and we adjourned to a beer-shop, named the Flying-horse, kept by Dickenson, in the Webber-road—when I went in, I said, "This is not a place for us to meet, let us go to some respectable house"—we went to the bar, and there I saw the drunken man and the other standing—the drunken man was leaning over the counter; and the landlord came round, and said, "The ground is ready for you now, gentlemen; you can go in and do as you like with it;" and I saw eight or nine persons come out of the skittle-ground—I did not like to go in; but Anderson said, "Come in; I don't like to see my friend challenged, and not to accept it"—we went in, six of us altogether, with myself—there was no one else in the ground but the landlord; he brought in two pots of ale, and said, "I shall not allow anybody else to come in the ground while you are here"—I do not know who paid for the ale—I did not see it paid for—no other drink was brought in—when we were in the skittle-ground, the door was closed, I cannot say whether it was fastened—they began to play—they had some chucks for several sovereigns—Saunders and the drunken man tried the weight of the ball—they played for money—I saw 10l. or 12l. pass—the drunken man lost a great deal; and Saunders said, "You may as well go in and have 5l. as well as us; he has been and sold his cows, and you may as well have his money as us"—I said no, if I did play with a man, it should be when he was sober, and he should have as good a chance as myself; therefore I did not go in with them—I did not play at all—while the play was going on, I was sitting on a stool on the left side of the ground—one or two of the persons sat on the stool by me at different times—I think the man that came along with the drunken man sat alongside of me once or twice, and Saunders, and I think the man that came in along with Saunders—I had a green silk purse, containing 15l. and a gold Spanish piece—I think the 15l. was eleven sovereigns, and four half-sovereigns—at the end of the playing they kicked up a dispute about cheating: Saunders, the drunken man, and the other one—they got pushing one another against me as I was sitting on the form—I got up several times, and pushed them away—they trod on my toes, and as I got up they were all round me once or twice—I was rather exasperated; and the last time I fancied I saw, in fact I did see, my purse in Saunders's hand—that was while they were all round me—I saw Saunders close to me—whether he took the purse out of my pocket, or not, I cannot say—it had been safe in my right-hand pocket a quarter of an hour before—I am certain it was taken from me during the scuffle—I put
my hand into my pocket, and said, "Halloo, you have got my purse out of my pocket!"—I said that to all of them; they could all hear—Saunders was perhaps about a yard from them—two of them then fell down, and some money fell out, and two or three of them fell down on the other side of the ground; and the man who came in along with Saunders at the Albion, stood before me and said, "For God's sake, don't talk like that," or something to that effect; "I would not be known to be in such a concern as this for the world, for I hold a responsible situation in the City;" and he kept me back, and said "I know the man that I came in with very well; I will take you to him"—while he was doing this, the others all went out; Saunders among the rest—they all went out, one after another—the drunken man went out with his coat on his arm—I did not see any of them stopped as they went out—I came out along with the other man, and went to a public-house in the Black friars-road—I saw Saunders again, I think on the Friday following—I gave information to the police, I think the week following—I first went to the City-police in my own neighbourhood—I afterwards went with the police to the skittle-ground, and there I found my purse, behind the frame, at the end of the skittle-ground—I do not know how long that was after this occurrence—I do not think it was the same week—I can speak to the purse, I believe one of my children netted it for me—there was a piece of paper in it when I found it, which had been written by Anderson in the public-house—this is it, it is "Meet me at four o'clock."
Cross-examined by MR. BALLANTTNE. Q. You could see the purse in Saunders' hand perfectly well? A. Yes; I did not make a catch at it—I should have done so if I had not been stopped by one of their confederates—the man that came in with Saunders stood before me with a stick—I was making my way towards Saunders, to get my purse—the man was alongside of the others, and turned round, and stood before me; and with that all of them got away—I called out, "That is my purse"—I do not know the name of the man that had the stick; he remained behind—I did not give him into custody, because he said he knew where to take me to—he did not use the sick—he had it on his shoulder, or rather in his mouth—he might have hurt me with the stick if he had liked, and I have not the least doubt that was his intention—I did not expect it then; but he got first on one side of me, and then on the other, to prevent me getting out—it was quite evident he was enabling the others to get my purse—I was foolish to walk about with him afterwards, but I did it because he said he could take me where the man was—Anderson was tried, I think, about a week or a fortnight afterwards—I forget whether I told the landlord that Saunders had robbed me—I ought to have done so I dare say, but I did not—I gave this man that stopped with me my address, I thought be was a respectable young man—I did not think at that time that he was preventing me from getting my purse, or I should have given him into custody—after I had been to the landlord, Saunders came to me with a policeman—I suppose it must have been a week or a fortnight afterwards—he did not say, "What do you mean by spreading "about that I robbed you?"—I do not think he used any words to that effect—I cannot swear that he did not—he said, when he came in, to the best of my recollection, that I had said I had been robbed at the public-house, and I said I had been so—he then said, "Why you lost your money by betting"—I did not say, "I did not lose it, I was robbed;" nor did he say, "You scoundrel, who robbed you?"—he did not call me a scoundrel—I cannot swear whether he did or not—I told him that he was there, and that I saw my Purse in his hand—he said, "Give me into custody," and I said, "I will do so now, for I have been after you many days"—he was taken to the South-wark
police-court, and I told my story—I said there that I saw my pruse in his hand—I swear that—very likely it might not have been taken down—the prisoner was let out on bail, brought up on the Monday following, and then discharged—that was by a different Magistrate—I then indicted him, but not till Anderson was taken—he has surrendered to-day—I do not know what day it was that I found my purse—I did not, when I was first examined on this subject, say that I had found it on the following day—I do not think I did—I cannot say positively—I have not sold my eating-house, I have got it on hand now.
MR. COCKLE. Q. Did the policeman come with Saunders to you? A. Saunders came in first, and the policeman afterwards—he did not surrender when Anderson was tried—I had not lost my money by betting on this night—they very much pressed me to put down 5l.—a deal of money passed to and fro, 20l. or 25l., but none passed from me—I have no recollection how soon it was afterwards that I found the purse—it was several days afterwards, but what day I do not know—I had quite given the thing up altogether.
CHARLES BURGESS GOUGH (policeman, L 8). On 1st March I saw the prisoner at the Tower-street station—he was taken before the Magistrate that day, remanded, and afterwards discharged. On Wednesday, 27th March, I first saw Mr. Alldis—on the Friday I went with him to the Flying Horse, Webber-street, Blackfriars-road—we went into the skittle-ground—he said, "Look here!" and called my attention to a hole between two pieces of wood, put to prevent the ball from striking the wall—he put his fingers in and drew this purse out (produced)—I found only this piece of paper in it—on the Wednesday, Mr. Alldis had given me two pieces of a broken ring which correspond with the one in the purse.
Cross-examined. Q. Could the purse be distinctly seen before he took it out? A. Not without looking through two pieces of wood two inches apart—he went to that spot to show me where the scuffle took place—the robbery had taken place on the Monday.
FRANCIS ELY . I am a waiter, at Mr. Alldis's. On 22nd Feb., the prisoner came there with a female—I served them—he asked me if my master wanted to dispose of his house—I said, I had no doubt he would if he could get a good customer—he said there was a young man just coming into 2,000l. in the country who thought London streets were paved with gold, and asked me how much I took in a day—I said, I could not tell—he asked me if my master was worth much money, and whether he carried much money with him—he asked if that was my master at the bar—I said, "No, that is our cutter"—he gave me a drop of gin to go out with him, and point out my master—he afterwards came with Anderson—they both staid there to see what customers there were.
Cross-examined. Q. Do you know your master's purse? A. Yes; this resembles it very much—I have been paid money out of it every week—I have seen 15l. in it, and more.
(The prisoner received a good character.)
NOT GUILTY .
1668. JAMES PYEFINCH , stealing 2 3/4 yards of velvet, 12 hanks of silk, and other articles, value 17s.: also, embezzling 4 shillings; the property of Charles Eastwood, his master; having been before convicted: to which he pleaded GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 18.— Confined Three Months.
JAMES CLARKE . I now live in Brook-street, Ratcliffe—I formerly lived in Bennondsey, and kept the house. On 23rd Aug. I came down-stairs, about six o'clock in the morning; I am sure it was before six—I was the first person that came down—I found the window adjoining the shop wide open, and missed the cruet-stand from the sideboard, the snuffers and tray, and half a pound of tobacco—this is the cruet-stand (produced)—I saw it safe the night before—my wife and sister were up after me; they are not here.
JOHN DAY (policeman, M 187). On Friday morning, 23rd Aug., between two and three o'clock, I was near Folly-bridge, Dockhead, and hearing a dog bark at the back of the prosecutor's premises, I went into the adjoining yard, and saw two persons—one was attempting to escape over the wall, and the other, who was the prisoner, was assisting him over—I asked what business they bad there—they said they came there to sleep in a cart—there were several carts in the yard—I took them into custody but the other got away—I kept the prisoner, and took him to the station—I found on him some tobacco loose in his pocket, a tobacco-pouch, 9d. in copper, a comb, and a quantity of lucifer matches.
TIMOTHY SPARROW (policeman, M 45). About half-past six o'clock on the morning of the 23rd, I received information from Mr. Clark, and examined his premises—they had been entered by the back-parlour window—I saw marks on the wall where persons had got over—I fonnd this cruet-stand on the adjoining premises in the corner of the yard close by where I saw the marks—I have found the snuffer-tray, and half a pound of tobacco.
Prisoner's Defence. I went into this place, to sleep in the cart; the tobacco I had on me I bought with some money. I earned during the day; I know nothing of the robbery.
NOT GUILTY .
WILLIAM M'LELIAN . I live at 26, Sutton-street, Lambeth—the occupier lives in it, and I rent a lodging of him. On Friday, 16th Aug., I got up a little before six o'clock in the morning, opened the shutters of the room I slept in, and then left my room for three or four minutes—I left my wife in the room—when I came back I went to bed again, until near eight—I then got up, and missed my coat, trowsers, neckhandkerchief, and handkerchief from the chair—I had shut the door after me, but not locked it—I found it shut at eight—this is my handkerchief (produced)—I know it by a darn in the corner—it was in the pocket of my coat which was taken.
FRANCIS IRELAND (policeman, L 119). I took the prisoner into custody, on 19th Aug., and found this handkerchief in his coat pocket—I asked him where he got it—he said he bought it about eighteen months ago, over the water.
Prisoner's Defence. I bought it in Petticoat-lane.
GUILTY of Stealing the handkerchief.
WILLIAM PROUD . I am a shoemaker, and live in Wootton-street, Lambeth, it is my dwelling-house. On 19th Aug. I got up at five o'clock in the morning, opened my window, put my shutters back, and then put the window down again, but did not fasten it—there was a shawl on a box near the window, belonging to my wife—I then went up-stairs to work—about a quarter or half-past six, I came down and found my room door open, and the street-door also, and found the prisoner coming out of my room—I said, "What do you want here?"—he said, "Nothing, sir"—I laid hold of him, and then he said, "Does Mr. Davis, a boot and shoemaker, live here?"—I said, "No, and you know he does not"—he said, "Well, then, he lives in Brand-street"—I said, "I shall detain you till a policeman comes"—I went to the door, and saw another boy leaning against the wall—I went into my room and found the Venetian blinds open, and the window also, which I had left shut.
JAMES JOHN STONE . I am eleven or twelve years old, and live with my father and mother. On the Monday morning before I went before the Magitrate, about six or seven o'clock, I was at the corner of Wootton-street, and saw the prisoner open Proud's window and get in; he then shut down the window, came out oi the street-door, and whistled; another boy then came down—the prisoner then went in again, and gave the other one something out of the window; I do not know what it was; it was something black, and looked like a shawl—I saw Mr. Proud lay hold of him—the other ran away with the thing.
FRANCIS IRELAND (policeman, L 119). I took the prisoner—I asked what he was at there—he said he thought a person named Davis, a boot and shoemaker, lived there. GUILTY . Aged 18.— Transported for Seven Years.
SARAH HOLLAND . I am the wife of Samuel Holland, of Eden-grove, Wandsworth—he has four cottages in York-street, Battersea-fields, Nos. 5, 6, 7, and 8—Mrs. Yates lived at No. 6, and left on Thursday week—I know this boiler (produced)—it is my husband's property—I saw it safe last Friday week, in the kitchen of No. 6, and fixed with bricks and mortar—I missed it at ten next day (Saturday)—the prisoner works next door, at No. 5—he came over into the yard, on the Friday, after I had seen the copper safe, and proffered to fasten up the kitchen door and back-door.
Prisoner. You asked me to do it. Witness. No, I did not.
Prisoner. The policeman told you to say that. Witness. No, he did not—the prisoner was in the habit of going in and out the back-yard more than we wished.
WILLIAM WESTON (policeman, L 65). About half-past ten on Saturday night, I saw the prisoner go into No. 3, Windmill-street, with a sack on his back containing something—I followed him into the house, and asked what he had got—be said "Nothing"—I said, "What have you got in the sack?"—he said, "Only a copper"—I asked where he got it from—he said he brought it from home—I asked where he lived; he said, "24, Whitehorse-street"—he came out of the place, and I asked him if he was sure he brought it from
home—he said, yes, if I went with him I should find it was so—he afterwards said he bought it of two men in Lambeth-walk—I asked if he knew the men he said, "No"—I then took him into custody.
Prisoner. I never heard talk of a witness swearing to a prosecutor's property.
CHARLES BURGESS GOFF (police-sergeant, L 8). I produce a certificate—(read—William Fall convicted here on his own confession, Jan. 1849,and confined six months)—I was present—the prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 40.— Confined Four Months.
Before Mr. Justice Talfourd.
MR. PARNELL conducted the Prosecution.
JAMES HOY MORGAN . I am a surgeon, and live at Guy's Hospital. On 4th Sept., about ten minutes past nine o'clock in the morning, I was called to see the deceased at No. 5, New-alley, White-street—I found her dying—I examined her body after death—I found a bruise under the right eye, and immediately within the private parts I found a laceration of the skin, where a large quantity of blood had collected—the skin had given way to the extent of one inch, and immediately under the skin a large vein was torn, the pressure of the blood which poured from that vein had broken the skin.—the rupture of that vein was the cause of death—she was in a state of pregnancy; I should say between the seventh and eighth month—the rupture of the vein might have occurred either from external violence, such as falling against any sharp object, or a blow or kick, or it might have occurred during a violent struggle.
Cross-examined by MR. PAYNE. Q. Was not the vein in a state of disease? A. It was; very much dilated, which would render it more likely to give way—the accumulation of blood there might deceive a person into the notion that it was the head of a child, and that labour was coming on—the heart was empty, and she appeared to have lost a great deal of blood—I have so doubt that death was occasioned by the loss of blood from the bursting of the vein—there was a quantity of blood about her person; I should say up-wards of a quart; her dress was soaked through—the bursting of the skin was subsequent to the bursting of the vein—I saw no indication of the woman having been given to drink.
MR. PARNELL. Q. Would it be likely that the disease of the vein itself would cause the rupture without any violence or any struggle? A. No; I think it would not be possible.
CATHERINE SWEENEY . I am the wife of Felix Sweeney, and live in New-alley, Southwark. I knew the deceased, Catherine Collins, she lived at No. 5, in the same court opposite me—on Wednesday morning, 4th Sept., about half-past eight o'clock, I heard a noise, and Mrs. Collins screaming—I went over to her room, and found her dressed and lying on her left side on the floor—she was screaming when I got there—the prisoner had hold of her gown with his left hand, and said, "Let me have the money"—I said, "Mr. Collins, mind, don't hurt your wife"—he said, "I want some money of her"—I said, "Well, Mrs. Collins, in the name of God, give him the money"—she
said, "Yes,Dick Collins, I will give you the money"—I set her upon the chair, and she threw herself across my breast, and kneeling down said, "Mrs. Sweeney, my baby is coming into the world"—I knew she was in the family way—this was not her first child, she has three living—I then said to the prisoner, "Leave the room, Mr. Collins"—he said, "What does my wife say?"—I said, "Your wife is in labour, leave the room," and accordingly he did—I called another female on the same floor, Mrs. Corston; she is not here—I asked her to examine the deceased, which she did, and it appeared to me as if the baby was coming into the world—the large swelling deceived me—I went and fetched Mr. Morgan—when she threw herself across me, her face looked quite dark—she said she had a black eye.
Cross-examined. Q. Do you know whether she was intoxicated or not? A. She had been drinking, a policeman had come between twelve and one o'clock in the night, to take her for being drunk and kicking up a row with he neighbours and her husband—she was about thirty-three years of age—when I returned with the surgeon the vein had burst, and I saw the blood.
ELIZABETH TAYLOR . I live with my husband in the room adjoining the prisoner's. On Tuesday evening, 3rd Sept., I saw the deceased about seven o'clock—she then appeared in very good health and spirits—she had no black eye then, she was large in the family way—between three and four that morning, I was disturbed by hearing a very great noise and screaming in collins's room—I heard Mrs. Collins screaming very loud indeed, and saying, "Oh, don't Collins!"—he wished for some money—the little girl screamed very much indeed, and said, "Oh, father, don't beat my mother"—I heard something very heavy fall, it might have been a chair or table, I cannot say what it was—I heard her scream directly after the fall—the little girl said, "Oh, father, don't"—he said, "Give me the money"—the deceased said, "I have no money"—I was disturbed again about six by the same noise and screaming; the child screamed very much indeed, and made use of the same expressions—she screamed murder, and not to hurt her mother—I was disturbed again between eight and nine, by quarrelling and screaming.
THOMAS SWAINE (policeman, M 106). I took the prisoner into custody on the Friday after the deceased died—I saw the deceased between one and two o'clock on Wednesday morning in the court where she lives, she was in liquor, and was having some words with a neighbour who lived opposite—I advised her to go indoors—she went in, and I got the other parties to go in, but she came out again—I advised her to go in again, which she did, and I saw no more of her.
Cross-examined. Q. Did she appear to be violent, and throwing herself about much? A. No, not throwing herself about much—I believe her sleeves were tucked up as if to attack the other party, who was then inside her own door—I took the prisoner at a public-house near his own house, after the inquest—he went with me very quietly.
MARGARET CRONIN . I live opposite the prisoner. About ten minutes before nine o'clock on Wednesday morning Mrs. Sweeney fetched me to Mrs. Collins's room—I found her lying on the bed—I gave her about half a half-quartern of brandy in a tea-cup, which Mrs. Corston brought me—no water was mixed with it—she had not swallowed it above two or three minutes when there was a great discharge from her stomach, and very great sickness—I got rather sick myself, and Mrs. Sweeney also, from the great stench of the liquor she threw up—the doctor afterwards came—I saw that she had a black eye—I had seen her about half-past seven on the Tuesday evening, and paid her 1l. 12s.—she had no black eye then.
Cross-examined. Q. Did you pay her the 1l. 12s. for her husband? A. Yes—she had a drop taken, but was able to speak for herself—she was quarrelling with Mrs. Sweeney and Mrs. Maddox, her two lodgers—she tucked up her sleeves, and threw her cap and bonnet on the ground—she exerted herself a great deal—that was about a few minutes before one o'clook—the policeman saw her to her door, and I heard no more till ten minutes to nine, when Mrs. Sweeney called me.
MR. MORGAN re-examined. I do not think the rupture of the vein could have taken place as long before, as one o'clock in the morning—I should say it took place a very short time before the skin gave way—that is my opinion—after the rupture the blood would accumulate very rapidly indeed—she would have been sure to have found it out—I do not think she could walk about after that. (The prisoner received a good character.)
NOT GUILTY .
Before Mr. Justice Williams.
1676. ROBERT ARCHER and FRANCIS DAVIS were indicted for a robbery with violence on Alfred Greenland; and stealing 1 bag, 1 50l. Bank-note note, 2 10l.-notes, 7 5l.-notes, and other moneys, of Charles James Saunders and another.
MR. PARRY conducted the Prosecution.
ALFRED GREENLAND . I am a clerk, in the employment of Charles James Saunders, and another, of Collingwood-street, Blackfriars. It was my duty to take money to the bank every morning—my time of doing so varied from half-past nine o'clock to between ten and eleven—I had been in the habit of taking money to the bank every morning prior to 15th Aug.—the bank was the Southwark Branch of the London and Westminster Bank, in Wellington-street, London-bridge—I am generally in the habit of going one way—I go through a passage near St. Saviour's Dock, by St. Saviour's Church, close by the Borough-market—on the morning of 15th Aug. I started from Collingwood-street, I think about half-past nine—I had with me 357l. 14s. 1d., consisting of Bank of England notes, gold, and silver—there was one 50l.-note I know, which I had taken myself the day before, seven "fives," I think, and 31l. in silver, in half-crowns, shillings, &c.—there was upwards of 100l. in sovereigns and half-sovereigns—I think I had the money in my hand—I sometimes carried it over my shoulder when I had a heavier amount—it was in a bag—I very often have a heavy weight, upwards of 100l. in silver—nothing happened to me on my way until I got to the passage near St. Saviour's-dock—I then saw a man standing against the door at the end of Church-passage—it is a very small passage, which goes under a house, with a door at one end, near the Church—that door is fastened back to the wall in the daytime, with a hook—I saw the man unhook the door, and fasten it to a staple, which would close the door—I could not swear to that man—it was neither of the prisoners—I put out my hand to try to pass when I had got quite close to him, and he gave me a blow, which was evidently intended to hit me on the head—it did not hit my head, but it struck my hat—immediately upon that my hat was knocked over my eyes, and they tripped me up from behind—I turned round, and saw two men standing—I was then on the ground—those two men used every effort to get the money—I clung to it as long as I could—they kicked me, and one fell upon my chest—I called, "Murder!" as loud as I could call—they got the money from me; and as soon as they got it, they ran—I could plainly see the bag in the prisoner Archer's possession—I swear positively that Archer is one of the men—I could not swear to the other—there were two men behind me, and Archer is the man who took the bag—I have a belief as to Davis being the other man—
I saw him among a number of prisoners at the Southwark police-court, and picked him out as the man who I believed, from his general appearance, was the man who was in company with Archer that morning—I will not undertake to swear positively to him—I got up, and followed Archer, crying, "Stop thief!"—I did not notice where the other men went; I kept my attention on the bag of money—Archer ran in a direction towards Bankside, and came to a flour-mill there, where a lot of men were stationed outside—I called, "Stop thief," and begged them to stop him—they put out their arms to stop him, and he ran in a direction as though he was coming to the passage again—I stood at the end of the passage—he appeared to be coming right at me, but he took a different direction, and ran down a street at the back of the passage—I still followed him into a court where there is no thoroughfare, and he then ran into a house—some gentleman, who is not here, ran in, and seized him—I saw him seize him—I got up before him—Archer was standing, looking round, as if he was about to make for the stairs; but there was some one I believe on the stairs, and he stood there—I ran up to him, and said, "Now, you wretch, give me that bag," and he handed it over to me—it contained the money—he was then given into custody—I think it was on the Thursday after, that I saw Davis—I had never seen either of the prisoners before.
Cross-examined by MR. M. PRENDERGAST. Q. You say you were knocked down, and your hat was over your eyes; how was it that you saw Archer with the bag? A. As soon as I was down I pushed my hat from my eyes, and then saw Archer with the bag—I do not know whether he lives in the house where he was taken—when I asked him for the bag, he gave it me—I should say five minutes elapsed between my being knocked down, and recovering possession of the bag—I ran some distance—the passage where this occurred is very narrow; two persons cannot walk through abreast comfortably, and it is not quite so long as this Counsel table—there is a door at one end, which is usually kept open in the day-time—there is no skylight, but plenty of light comes in at each end—I was a very short time on the ground—it was a very violent blow that I received—it was only one blow—that was given me by the man who was standing against the door.
Cross-examined by MR. ROBINSON. Q. Whoever it was you saw with Archer, it was somebody about Davis's age and size, I suppose? A. Yes; he was not in the dock at the police-court when I pointed him out—eight or nine of them were brought out of their cells—I had not seen the policeman before he told me to come and see them.
MR. PARRY. Q. from the time you saw Archer in the passage, did you follow him? A. Yes; and never lost sight of him.
EDWARD WOOD . I am a fruit-salesman, in the Borough-market. On the morning of 15th Aug., a little before ten o'clock, I was passing St. Mary Overy dock, in the direction from Southwark towards Blackfriars-bridge, and when I got about the middle of the passage, underneath the archway, I saw three men coming towards me, Archer, Davis, and another man—the passage is very narrow, and I stood on one side to allow them to pass, thinking they, were coming through, but they did not—they came up to the end of the passage—Archer stationed himself nearest to me on the footpath—Davis placed himself underneath the loophole of the warehouse, exactly facing Archer—the third person placed his back towards the river, but each with their faces directed towards Blackfriars-bridge, the way they came from—I looked very hard at them, and as I passed, Archer said to Davis, "Here he comes!" and looked up towards Bankside—I particularly noticed the faces of these two—
Davis had his eyes on the ground, and when Archer spoke to him he looked up and looked that way—this could not have occupied more than a minute—I passed them, and went on fifteen or twenty feet further—I then heard a cry of "Stop thief! murder!"—I had gone into a water-closet, which is there for the use of the clerks of the wharf—I kept on the alert more than I should have done, having noticed these three men there—when I heard the cry I came out, and the moment I came out Archer had got a blue bag in his hand, and was making away as fast as he could—the prosecutor was crying out "Murder! stop thief! he has got my money," or something of that sort—exactly facing me, and behind him, was Davis and the other man together—I said, "You scoundrels, you are both of you engaged in this robbery, as well as he"—they all three ran—I followed Archer, and never lost sight of him till he gave the bag into Mr. Greenland's hands—I saw Davis about a week after at the police-station—there was no other person there but the policemen—I have no hesitation in swearing, that Davis is the man I addressed, when I said, "You two scoundrels are connected in this robbery."
Cross-examined by MR. M. PRENDERGAST. Q. How long is this passage? A. About fourteen feet—it is very narrow—it will not admit two persons to pass abreast—the place before you come to the passage is very narrow for about twenty feet, it will not allow two persons to pass comfortably, on account of the dock—after you get through the passage the road is about fifteen feet wide, just room enough for a cart to back under the loophole—the water-closet is after you pass through the passage, not more than twenty feet through, to the left—Archer was standing close to me, Davis facing him, and the third with his back towards the river, but all their faces directed towards Bankside—I was coming from the Borough Market—from the time I first saw them, till I heard the scream of "Murder!" was not more than three or four minutes.
Cross-examined by MR. ROBINSON. Q. Is this water-closet one that you ordinarily use? A. It is sometimes; I did what I went there for—when I first saw the men, I was in the passage—it is a covered passage underneath a house—they were within ten feet of each other—their backs were not turned towards me—I was told that Davis was in custody before I went to the station to see him—one of the policemen told me: he did not take me there, he left word at my house—my reason for keeping on the alert was that I had it in my mind very strongly that they were about committing the robbery—I have been in Courts of Justice perhaps half-a-dozen times within twenty years.
MR. PARRY. Q. Did you give information to the police? A. I gave a description of the men to the police as near as I could—it was the policeman to whom I described them, that left word at my house.
JAMES BERRY (policeman, M 163). On 15th Aug., Archer was given into my custody by Mr. Greenland, who at the same time handed me this bag—it contained 357l. 14s. 1d.—Archer said that the case was clear enough against him, he had nothing to say.
Cross-examined by MR. M. PRENDERGAST. Q. Did he not say that the bag was thrown to him by somebody else? A. Yes, and that he ran away with it—he did not say he had picked it up—I mentioned before the Magistrate that he said the case was clear enough against him.
JOHN WRIGHT (policeman, M 3). I received a description from Mr. Wood, in consequence of which I tried to apprehend Davis, and did so on 20th Aug. with another prisoner who made his escape from me at the Holly Branch public-house, Waterloo-road—the other man gave the name of Bentley—he
has since been apprehended on another charge—Davis was taken to the station, and I there told him he was charged on suspicion of being concerned with Archer in a highway robbery on Alfred Greenland near Bankside on 15th Aug.—he said nothing then, but before the Magistrate he said he could prove he was not there, he could prove he was at 8, St. Andrew's-terrace, in bed with a female.
Cross-examined by MR. ROBINSON. Q. That was after he had heard the evidence against him and the time mentioned? A. Yes.
ARCHER— GUILTY . Aged 21.
DAVIS— GUILTY . Aged 20.
Transported for Fifteen Years.
MR. COCKLE conducted the Prosecution.
WILLIAM JONES (police-sergeant, L 21). On 20th Aug., sergeant Wright made a communication to me, and I went into a public-house and saw four men—he pointed out two who he said had committed a robbery; the prisoner was one—I took hold of him on one side, and Wright on the other, and two policemen took charge of the other man—Wright said, "I want you on suspicion of a highway robbery"—on the sill of the door the prisoner said, "I will not go further unless you tell me what it is"—Wright said, "I want you on suspicion of a robbery"—he said, "I will see you b—g—d before I will go with you; you shall not take me"—he immediately threw Wright down in the kennel—I fell with him—he was very violent, and kicked me several times—I remained on the ground about a minute and a half—he threw me down repeatedly on the road to the station—when we got opposite the stage-door of the Victoria Theatre, he struck me on the back of my head with a life-preserver—I recovered myself, and received another blow on the forehead from him, and fell senseless—I know nothing more—I found myself in a doctor's shop—the skin was broken—I am labouring under the effect of it now—I am not able to do duty now.
Cross-examined by MR. ROBINSON. Q. Had you your truncheon with yon? A. No; I was not on duty—there were two other constables in uniform, and another in private clothes—we were surrounded by a number of thieves—there were four constables to one man, and two to the prisoner—he was trying to get away the whole time.
JOHN WRIGHT (police-sergeant, M 3). On 15th Aug., I received information that Alfred Greenland had been knocked down and robbed—I made inquiry, and apprehended Davis, who was convicted yesterday (see last case), and the prisoner, on a charge of being concerned in it—my inquiry fixed suspicion upon him—on 20th Aug., about four o'clock in the afternoon, I went in private clothes to the Olive Branch, Waterloo-road, with sergeant Jones, and two policemen in uniform—we found the prisoner there—I told him I wanted him on suspicion of being concerned in a robbery, and he must go with me to the station—Jones then laid hold of one hand, and I of the other—after we got out, he said, "Oh, it is you, Mr. Wright, is it?" (I had seen him before)—he said he would see me b—before he would go to the station, and began to be very violent—I was sent on my back in the gutter, and the other two on the top of me—I received several kicks from the prisoner, and he struck me several times—I got up, and saw him strike Sergeant Jones with a life-preserver twice, the last time was over the eye—he ran away, brandishing the life-preserver—I saw blood running down Jones's face—I ran after the prisoner—he knocked me down senseless with the life-preserver, and got away.
Cross-examined. Q. You have not been before the Magistrate? A. I was at Bow-street when the prisoner was committed on the last charge—he had escaped, and he was taken on that charge; then the matter came before the Commissioners, and they gave me authority to prefer this charge, I could not have preferred it without—there is no attorney in the case—I did not take my truncheon out, I had no opportunity.
GEORGE ATKINSON (policeman, M 90). I was with the sergeants, and saw the prisoner strike Sergeant Jones, with a life-preserver, on the forehead—I have heard what the previous witnesses have stated; it is correct.
HENRY KNIGHT . I am assistant to Mr. Sewell, a surgeon, of 59, Lower Marsh, Lambeth. Jones was brought there with a wound on the forehead—I examined it; it went to the bone, and was an inch long—it might have caused death—he remained insensible a quarter of an hour after he was brought in—he was not fit to go on duty afterwards.
Cross-examined. Q. Do you mean to say the blow as it was, might have caused death? A. It is not at all unlikely; the scalp is about one-eighth of an inch thick at that part.
WILLIAM GEORGE FRANKLIN (policeman, M 72). I took the prisoner on the 7th Sept., and found this life-preserver in his trowsers pocket—his brother was with him—they were both in charge—Davis was with them.
THEODORE LODD . I am partner to the divisional surgeon. I attended Jones; it was some days before he could leave his bed—his forehead was very much contused and lacerated—he had a very serious injury across the loins, and very serious bruises—this life-preserver would produce the injuries, but it mast have been used with considerable force.
Cross-examined. Q. Did not he appear a great deal shaken? A. Yes; it was all the injuries together that put him into that state—his kidneys must have been injured, for the urine was tinged with blood for some days—that might have been produced by a fall.
GUILTY . Aged 21.— Transported for Seven Years.
Before Russell Gurney, Esq.
1678. JOHN THORNTON , stealing 4 printed books, value 2l. 10s.; the goods of Robert Francis Ash and another:—also, 3 scent-bottles, 4l. 5s.; the goods of Francis War:—also, 9 scent-bottles, 3l. 10s.; the goods of William Tracher Bolton: to which he pleaded
GUILTY . Aged 20.— Confined Three Months.
GUILTY. Aged 40.—Recommended to mercy. — Confined Fourteen Days
MR. LOCKE conducted the Prosecution.
MARTHA TREVORS . I am the niece of Mr. Dunman. I was walking with him and my aunt on 27th Aug. in Albany-road—I saw a little boy at a distance—he came up to us and took hold of my aunt's frock, put his hand in her pocket, and took her purse out—he ran across the road—I spoke to my uncle, and pointed out the person—he ran after him.
Cross-examined by MR. HORRY. Q. Were you following behind? A. I and my uncle were behind, and my aunt was in front—the boy came in front of me.
HENRY THOMAS DUNMAN . I was with my wife and my niece—we went into Thomas-street, in the Borough—my niece pointed the prisoner out to me—I followed him to the Borough-market—he was stopped by a number of persons—I found him in the policeman's hands—I had not lost sight of him.
ESTHER ANN DUNMAN . I am the wife of the last witness, and was with him and my niece on 27th Aug.—my niece spoke to me, and I missed my purse, containing a sovereign and two shillings, out of my pocket—this is it; it is my own knitting—I had it safe when I was in the Dover-road—I missed it 200 or 300 yards from there.
JOSEPH WOODING (policeman, M 100). I received the prisoner in charge in the Borough-market, and at the same time I received this purse from a gardener in the prisoner's presence—he said he saw the prisoner throw it into a wagon—the prisoner did not say anything—it contains a sovereign and two shillings—the prisoner had passed by the wagon.
GUILTY . Aged 16.— Transported for Seven Years.
MR. BRIARLY conducted the Prosecution.
SUSANNAH DOWSETT . I live at Kennington—the prisoner lived in my service for a month. On 1st Sept. I missed three shifts, three yards of linen cloth, a table-cloth, window blinds, and other things, out of a box at the top of the house, which was kept locked—I am not aware that the prisoner had the key—I locked the keys up when I went out—the things were safe on the Sunday—I called the prisoner up-stairs to overlook the things in the box, to see that I had not overlooked them—they were not there—I told her she must have taken them, and if she would tell me where they were I would forgive her, but she would not—she went down into the coal-cellar—I went after her, and found the things I had missed, in her dirty apron—she was in the kitchen when I brought them out, and she begged me to forgive her—that was about two hours after I had told her I would forgive her—I gave her in charge—there is three yards of this linen; it is new—the prisoner had no business to go to that box at all—this is my property.
Cross-examined by MR. ROBINSON. Q. Have you got the apron? A. No; I gave her that—the policeman saw it as well as me—I am independent—I am not married—some of these things may be rags; this linen is not—I had intended to give her these shifts, but not the linen—I had never told her so, but I thought it would be a charity, as she was very short of these things—I believe I sold her some earrings—I paid her 3s. for wages—the earrings would be 6s., and 3s. I owe her—these are the earrings (produced.)
THOMAS NEWMAN (policeman, V 252). I took the prisoner—she said she had done it, and was sorry for it—I did not make her any promise before that—nothing was said in my presence to induce her to use these words.
(The prisoner received a good character.) GUILTY. Aged 21.—Recommended to mercy by the Jury. — Confined Fourteen Days
1682. HENRY NAPPER and JAMES MILLARD , stealing 38lbs. weight of coals, value 1s.; and I sack, 1s. 6d.; the goods of Stephen Marfleet, the master of Napper.—2nd COUNT, charging Millard with receiving.
MR. CAARTEEN conducted the Prosecution.
ROBERT MITTELL (policeman, V 41). I went to Mr. Lyon's wharf, Wandsworth, on 4th Sept., between eleven and twelve o'clock—I saw Napper come from the wharf, with a wagon loaded with coals, drawn by three horses—I and Pearce followed it—it stopped at the Crown public-house, at Morden, about four miles from Mr. Lyon's wharf—I know Millard; he is ostler at the Crown—when Napper got there he baited his horses—he had some refreshment, and he got on the wagon, and drew an empty cornsack on the top of it—he took pieces of coals from different sacks, and put them into it—he then got down, and went into a shed, close by where the wagon stood—he remained there about five minutes, when he came back with Millard—Napper got on the wagon—he took the sack off that he had filled, and gave it to Millard, who went away with it, towards the stable—Pearce and I had been concealed behind a hedge—we jumped over, and took both the prisoners—I followed Millard, and saw the sack close to the stable, which belongs to the Crown—there is a privy nearly close to the stable—I found Millard there—I said I wanted him, for receiving these coals of Napper, knowing them to be stolen—I pointed out the sack to him—he said he was very sorry, and hoped I would not be hard with him—I asked him if he had charge of the stable which was close by—he said he had—I asked him if he had any sacks or coals in that stable belonging to Mr.Marfleet—he said, "No"—I said, "I must go and see"—he gave me the key—I went in, and found a sack and a nose-bag, marked "Marfleet," in the manger—Pearce took Napper, and delivered him to me—I took the corn-sack and the bag—I took the prisoners to the station—as we were going, Napper said it was the first time he ever took any coals, and Millard said it was the first time he ever received any.
Cross-examined by MR. ROBINSON. Q. How long have you been a policeman? A. About two years—when we were behind the hedge, we were about forty or fifty yards from where the wagon stopped—I could see the whole of the horses and the wagon sideways—I was looking towards the wheels—immediately that Millard had the sack, Pearce and I came out and took them—the horses had nose-bags on, with corn in them—I did not see the nose-bags put on—as we were going along, when Napper said it was the first time he had ever taken any, Millard was present, I am positive it was not stated in the presence of any other person—to the best of my belief I have never said that Pearce was present—I should not like to swear it—I had both the prisoners in custody; Pearce had gone with the horses—I had got some distance down the Morden-road when this was spoken of.
Cross-examined by MR. CHARNOCK. Q. You have known Millard? A. Yes, nearly two years—I do not know how long he has been ostler there—when Napper put these coals in the sack, no one was present but Pearce and me—the sack was perfectly exposed—the stable-door was open—we were both in plain clothes—the hedge that we were behind, is about four feet high.
Mr. Lyon's wharf—I saw Napper come out with his wagon; I followed him and saw him stop opposite the Crown, at Morden—we went behind a hedge—I saw Napper get on the wagon, take lumps of coal from the sacks, and put them into a sack—he then got down and went into a shed—he came out with Millard—Napper then took the sack off the wagon, and gave it to Millard, who was by the side, and Millard carried it a short distance and put it down in a corner—we followed him and found the sack in a corner, at the back of the premises, near the stable—I was with Mittell when he examined the stable—I heard him ask Millard if he had got any sacks belonging to Mr. Marfleet, and he answered, "No"—I told Napper I was a police-constable, and took him into custody for stealing coals belonging to Mr. Marfleet—he said, "Do not take notice of that, there is only a few"—I took the wagon to Mr. Marfleet's premises at Ewell—I weighed them at Mr. Marfleet's—there were 38lbs.—I afterwards searched Napper's house, which is ten or twelve yards from Mr. Marfleet's, and found a nose-bag.
STEPHEN MARFLEET . I live at Ewell. I am a coal-merchant—I purchase coals in the London market—they are then conveyed to Mr. Lyon's wharf, at Wandsworth, and remain there till I draw them away—Napper was my carman four or five years—I had coals to deliver on 4th Sept., to Mr. Stowell—it was Napper's duty to go with my wagon and horses to the wharf, to fetch three tons of coals, and to deliver them—he had been accustomed to fill the sacks; we allowed him to do so when we were busy—he knew the quantity of coals that were to be delivered to Mr. Stowel, and he had a ticket—it was thirty sacks—I was not at the wharf—between six and seven o'clock that evening, on my return home, I found my wagon in my yard, and thirty sacks of coals in it—they were weighed in my presence—only one sack weighed the right weight—the others were between 50lbs and 60lbs. over weight—this sack that had the coals in was produced to me—I had seen it before—I examined the coals that were in it; they were of the same description as mine—Napper had no orders to deliver coals at the Crown Inn that day—I had never supplied Mr. Parsons with any corn—he delivered some straw to me last year; that is the only transaction we ever had—this sack and nose-bag are mine, here is my name on them.
Cross-examined by MR. ROBINSON. Q. How do these coals get up to you? A. I buy them at the Coal Exchange—these coals have never been to my place—they had been in Jones's, my lighterman's barge—I pay him—there were about fifty-six pounds of coals over in the wagon—I knew nothing about the weight when they were put in—these coals are worth about a shilling—the men are in the habit of taking corn with them when they go out on a journey—we do not give them money to get a feed for their horses—they have a quantity of corn given out for three horses on Friday morning, to last them the whole week—the men get perquisites when they go out.
GRORGE CRANE . I am foreman at Mr. Lyons' wharf, at Wandsworth. Mr. Marfleet is in the habit of having his coals remain there—some remain there a long time—Napper came to the wharf on 4th Sept., to fetch thirty sacks of coals—the porters loaded them—I saw Napper at the scale, looking on, he assisted in weighing—he told me what he wanted, and I gave directions to the men for the coals to be loaded.
Cross-examined by MR. ROBINSON. Q. What did Napper do at the scale? A. I saw him looking on, and he occasionally took up a piece of coal when the sack was short.
NAPPER— GUILTY of stealing. Aged 41.
MILLARD— GUILTY of receiving. Aged 48.
Confined Three Months.
ANN DAVIS . I am the wife of Simon Davis. On 2nd Sept. I went to Rotherhithe-gardens, about half past six o'clock—I had in my pocket a half-crown, a sixpence, a 4d.-piece, and four halfpence—one of the halfpence was marked all round with the letters "B. R.," and "B. R." was in the middle of it, the other side was plain—a person spoke to me—I found my pocket turned inside out, and all my money gone except the 4d.-piece—I went to the station, and the money was produced to me there.
WILLIAM NOAKES (policeman, M 104). I was on duty, and saw the prisoner and two others attempt several ladies' pockets—I saw the prisoner go to Mrs. Davis—the other two covered him—I saw his hand under the folds of her dress—he then suddenly went away—I spoke to Mrs. Davis, and an officer with me took the prisoner.
THOMAS TOWERSEY (policeman, M 237). I saw the prisoner with two others—I saw his hand close to Mrs. Davis's pocket—I took him—I had lost sight of him for a short time, but I knew him before, and am certain he is the person—I said to him, "I want you"—he said, "What for?"—I said, "For picking that lady's pocket"—he said, "You have got to prove it"—I found on him a sixpence, four halfpence, a pair of scissors, and a knife—this is the halfpenny that has "B. R." all round it, and in the middle—the other
Prisoner's Defence. I received the halfpenny in change for a shilling.
GUILTY.* Age 21.— Transported for Seven Years.
Before Mr. Common Serjeant.
1684. WILLIAM BOWSER , feloniously forging and uttering a request for the delivery of 2 hearthrugs: also, one for 2 other hearthrugs: also, one for six clothes-brushes; with intent to defraud Thomas Garland and another: to all which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
RICHARD JOHN FYFFE . I keep a beer-shop at Rotherhithe; I have known the prisoner the last eighteen months; I used to employ him sometimes. On 5th Aug., I employed him to take a drum to Mr. Chatterway's, in the Old Bailey—I gave him a receipt for 25s.—if they paid him he was to bring me the money—I expected him back, but there was no time specified—I had business which took me out the whole day till eight o'clock in the evening—he had not returned, and he did not return—before that I had been in the habit of seeing him two or three times in a week.
Prisoner. Q. Are you not now satisfied with the punishment I have already received? A. Quite satisfied.
ELEANOR CHATTAWAY . I am the wife of William Timothy Chattaway, band-master at Cremorne-gardens. On 5th Aug., the prisoner brought a drum with him and a receipt—I gave him 25s. for Mr. Fyffe—he gave me this receipt, and put his own name to it.
Prisoner. I hope you will be merciful to me.
GUILTY . Aged 25.— Confined Three Months.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 23.— Confined Eighteen Months.
SAMUEL LYONS . I am a tailor; the prisoner was in my employ about ten days. On 30th Aug., I missed a green shooting-coat from a drawer under the counter—it had been bespoken, and not sent home—my wife told the prisoner on the Sunday that she was very uneasy at missing the coat, and asked if she knew anything about it—she said, "No"—we were going out of the room, and she turned round to my wife and told her she had taken it before I was up in the morning, and had tied it up and put it into her bed, and in the evening she gave it to her brother—I gave her into custody.
BENJAMIN PAINE (police-sergeant, M 7). I was called, and took the prisoner—she said she took the coat from the drawer under the counter, and gave it to her brother, and he would give it up—I went to her brother the next day—he denied all knowledge of the coat—he said he had a bundle from her, but what it contained he did not know.
GUILTY . Aged 18.— Confined Three Months.
THOMAS HAYHOW . I am a gardener—I live at Camberwell—on 16th Aug. the prisoner came and asked me to lend him my barrow to get in a little gravel—I said I did not know—he said Mr. Burwood was at work in the New-road, and if I would lend it him he would be obliged to me, and he would bring it back that evening, or in the morning—he took it, and never came back—I never saw him till he was at the station—I found the harrow about four days afterwards, at Martin Boddy's, I can swear it is mine.
Prisoner. I said it was for Burwood; you said you did not know such a person, but you would lend it to me. Witness. I did not—I lent it to Mr. Burwood, whom I have known for several years.
STEPHEN NEATE . I am agent for Mr. Martin Boddy—I was at his house in the middle of August—the prisoner brought a barrow and offered it for sale—Mr. Boddy said he did not want it, but he bought it for 4s., and the prisoner was to have it back again if he liked—I did not see it there with Mr. Hayhow—there were other barrows there, but they were different to this—this was a close barrow.
Prisoner's Defence. I took the barrow to return it, but I got something to drink, and took it to Mr. Boddy's; I gave my right name and address.
NOT GUILTY .
Before Russell Gurney, Esq.
1690. REUBEN RANDALL , unlawfully obtaining, by false pretences, 2 sovereigns, 1 half-sovereign, 2 half-crowns, and 4 shillings; the moneys of James Lilley: 3l. 5s.; the moneys of George Downham: and 3l. 8s., the moneys of James Dalc, with intent to cheat, &c.: to which he pleaded
GUILTY.** Aged 32.— Confined Twelve Months.
MESSRS. PARRY and THOMPSON conducted the Prosecution.
THOMAS WELCH . I am a stock and brace-manufacturer, in partnership with others, at 17, Cheapside. The prisoners were in our service; Westerby was a foreman, and Dixon was under him—we took stock in June, and found a deficiency in the department the prisoners were employed in, of 300l.—I believe the collars produced to be our property—on 4th Sept., in consequence of something, I called Dixon to my counting-house, and asked him if he knew Mr. Attenborough's, the pawnbroker's, in Newington-causeway—he said he did—I said, "You have been in the habit of pawning large quantities of shirt collars there, my property"—he said he had pawned shirt collars there, he was not aware they were my property, they were given him by Westerby—I asked him how many times he had pawned shirt collars; he said he could not tell—I asked him whether he could tell whether it was one or a dozen times—he said he could not—I asked if he had not pawned collars elsewhere, he said he had—I asked where; he hesitated, and I said, "At Mr. Powell's, in the Borough"—he said, "Yes"—I asked how many times; he said he could not tell—I had a policeman by, and gave him into custody—he said it was no more than he expected—his duty was to starch collars before they went to be washed.
Cross-examined by MR. BALLANTINE. Q. He said Westerby had given them him, and he thought they were his brother's? A. Yes; I do not know that Westerby has a brother—Westerby was the head of the department, and had forty or fifty under him—the collars have the foreman's of the working department mark on them, in ink.
WILLIAM LOWE . I am shopman to Mr. Attenborougth, of Bridge-houseplace, Southwark. I have forty-one dozen shirt collars; one of these tickets (produced by Barry) relates to my taking in—it is twelve dozen for 18s., pledged by Westerby in the name of Dixon—there are others of our foreman's takingin; he is not here—I have other collars, but there are no tickets relating to them.
THOMAS RICHARDS (policeman, M 44). I apprehended Dixon, at Mr. Welch's counting-house—he told Mr. Welch he had pledged collars at Powell's, Attenborough's and Martin's—I told him I was a constable, and he was to consider himself in custody—he said he had been made a dupe of by Westerby, and pledged them for him, and given him the money.
DIXON— NOT GUILTY .
WESTERBY pleaded GUILTY .
(MR. PARRY offered no evidence against Dixon.) DIXON— NOT GUILTY .
1693. JESSE JOHN WESTERBY was again indicted for stealing 140 pieces of linen, 50 pieces of cotton, 1lb. weight of wax, and 1 dozen shirtfronts, value 21s.; the goods of Thomas Welch and others, his masters: to which he pleaded
GUILTY . He received a good character.— Transported for Ten Years
ADJOURNED TO MONDAY, OCTOBER 21ST, 1850.