CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. SECOND 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, December 16th, 1850.
PRESENT—The LORD MAYOR; Sir JOHN KEY, Bart, Ald.; Mr. Ald. GIBBS; MR. RECORDER; and Mr. Ald. CHALLIS.
Before Mr Recorder and the First Jury.
(The prosecutor did not appear.)
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
MARIAN BYRON . I live at 40, Hercules-buildings, Lambeth. On Monday afternoon, 9th Dec, between four and five o'clock, I got into an omnibus at Charing-cross, to go into the City—the prisoner got into the same omnibus, near the Bank or Cornhill, with a man and another woman, who was dressed exactly in the same way as the prisoner—the other woman took her seat exactly opposite me, and the prisoner sat next me on my left side—I sat next the door of the omnibus—the man sat next the prisoner, on her left side—I felt the prisoner's hand in my pocket, in I should say two minutes after she had entered the omnibus—it was a pocket in my cloak, on the left side—the prisoner then leaned across, and spoke to the female who was opposite me—the prisoner had seen me put my purse into my packet after paying the conductor—when I felt her hand in my pocket, I moved, and she suddenly withdrew it—she then made a second attempt, and I distinctly saw her put her hand in and take out the purse, and she then leaned over me, looking out at the door of the omnibus—I trembled so dreadfully at the moment that I could not speak, but I touched the conductor's hand, and bid him stop the bus—I allowed her to
take the purse when she made the second attempt; there were three shillings in it—the conductor stopped the bus, and I got out directly—before I got out I laid my hand on the prisoner, and said, "You have robbed me; conductor, take this woman in charge; she has stolen my purse"—she was then sitting in the omnibus, and I was standing on the step—the conductor found my purse on the floor of the omnibus, between where the prisoner and the man sat—I decidedly acquit the man of taking it, because I distinctly saw the prisoner take it—this is it (produced)—a policeman was passing at the time, and took her into custody—the purse was found empty—the omnibus drove on with the man and the other woman.
Cross-examined by MR. WOOLLETT. Q. This was between four and five o'clock, was it not? A. Yes, nearer five; it was rather dusk; it was a dreadfully foggy day—I think there were four or five persons in the omnibus before the prisoner got in; there was my sister, a gentleman, a lady, and a child; I cannot say exactly—I distinctly felt the first attempt—I did not call the conductor's attention to that; I did not feel inclined to do so; I wanted to be quite sure—I am an actress—I perform at various theatres—my last engagement was at Cork; I left there in March—my sister resides with me—we have just returned from an engagement at Bury St. Edmund's, and have only been in London a fortnight—I have had an engagement under Mr. Edward Hooper, of Covent Garden Theatre.
GEORGE BONNER . I was conductor of this omnibus on the day in question. I was called by Miss Byron to stop the omnibus against St. Mary-Axe—she said she had been robbed of a purse, and wished to give the prisoner in charge—a police-sergeant being handy, I called to him, and she was given in charge—I looked into the omnibus directly the prisoner got out, and picked up this purse, and gave it to the constable—it might have been two feet and a half inside the omnibus, right in the middle of the bus, between Miss Byron's and the prisoner's feet.
Cross-examined. Q. Did Miss Byron get out at St. Mary-Axe? A. Yes; when she got in she did not tell me where she wished to stop—the prisoner got in at the top of Cornhill, right opposite the Bank—six persons got in at Cornhill; it is the place where the journey is divided—I go on to Mile-end—I did not see any communication between the prisoners and the others—no person got in between the Bank and St. Mary-Axe—the prosecutrix did not charge any one but the prisoner—it was a darkish night.
Court. Q. Did you observe any persons who got in at the same time as the prisoner? A. There was another female got in with her; they were led in by a gentleman, who told me to leave them at Leman-street, White-chapeli—I cannot say whether the man got in, I did not notice—the other persons that got in were in single parties—the one who got in with the prisoner got out at Jewry-street, Aldgate.
SAMUEL SYKES (City policeman, 71). I happened to be on the spot when the prosecutrix got out of the omnibus, in Leaden hall-street—in consequence of what the conductor said to me, I took the prisoner into custody—the prosecutrix told me that the prisoner had robbed her of her purse—she said that while she was sitting in the omnibus she distinctly felt, and saw her hand in her pocket—the prisoner heard this—I asked the prisoner for the purse—she said she had got nothing belonging to anyone
—I then asked the conductor to hold the prisoner while I searched the bus—he rather hesitated—I then asked the prosecutrix and her sister to hold him—the conductor made an attempt to go to the bus—I told him to wait, that that was my duty; but while I turned round to ask the ladies to hold the prisoner, he reached himself in the bus, and I saw him take the purse from where the prisoner had got up and shook herself before she got out—he gave the purse to me.
Cross-examined. Q. What did you find on the prisoner? A. She produced 6 1/2d. in copper at the station—she was searched by a female, and nothing else was found—I distinctly saw the conductor pick up the purse and shake it; and I said to him, "There is the purse in your hand"—a female sat right opposite the prisoner, and a man sat on her left—there were two or three more at the top end of the bus—one of the ladies said she saw the prosecutrix drop the purse—I asked her to come to the station and state that—she then hesitated, and said to the one that sat opposite, "Did not you see it?"—she said, "No"—I asked for her name and address, and then she said, "I did not see anything."
COURT. Q. When did this conversation pass? A. As soon as I said to the conductor, "There is the purse in your hand"—the prisoner was close by; it was said loud enough for her to hear.
GUILTY . Aged 19.— Confined Four Months.
GUILTY . Aged 35.—Recommended to mercy.— Confined Six Months
NOT GUILTY .
PLEADED GUILTY Aged 15.—Recommended to mercy by the Prosecutrix. . — Judgment Respited.
ANN BAKER . I am the wife of John Baker, a greengrocer, of Little Stanmore. The prisoner was in his employ, to do little jobs, look after the horse and cart, and to assist me when I went out with greengrocery—he was to have his victuals and lodging for it—I was present when that agreement was made—on 1st April I sent him out with 9s. to get half a ton of coals, and 6d. to pay the toll—he went away with the horse and cart, about half-past six o'clock in the morning, and never returned—I did not see him again till 10th Dec.—I never got the money back—the horse and cart were found the same evening.
Prisoner's Defence. I lost the money, and did not like to come back; I intended to have sent the money if I had got work.
GUILTY . Aged 25.—Recommended to mercy by the Jury.— Confined Two Months.
(The prosecutor did not appear.)
NOT GUILTY .
GUILTY .— Confined Three Months.
NEW COURT.—Monday, December 16th, 1850.
PRESENT—Mr. Ald. CHALLIS, Mr. COMMON SERJEANT, and Mr. Ald. FINNIS.
Before Mr. Common Serjeant, and the Fifth Jury.
BEASLEY pleaded GUILTY . Aged 14.— Confined Four Months, and Whipped. WADE pleaded GUILTY . Aged 14.— Confined Twelve Months, and Whipped.
WILLIAM STRANGE . I live in Paternoster-row. On 28th Nov. the prisoner applied to me for a situation, and I engaged him—my young man gave him some money that evening, and he did not come back—I did not see him again till he was in custody.
WILLIAM BUCKNELL (policeman, B 190). I received information, and took the prisoner in the Broad-way, Westminster, on 29th Nov., about seven o'clock in the morning—I told him it was for robbing his master—he said nothing—I took him to the station, and found upon him two shillings, a comb, and a handkerchief.
WILLIAM JOHN TUKE . I am shopman to Mr. Strange. On 28th Nov. the prisoner was in my master's service—I gave him five sovereigns and two half-sovereigns to buy some books; it was my master's money—he left the shop, and never returned.
Prisoner's Defence. I lost the money.
GUILTY .† Aged 17.— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
WILLIAM AMOS SCARBOROUGH WESTOBY . I am a barrister, of Oxford-terrace—the prisoner was my cook for about three weeks before this happened. On 4th Dec. I had a piece of beef—I saw it on the table at dinner-time—on that night the prisoner was brought to my house in custody—a parcel was shown to me containing some onions, beef, and other things—I had such things in my house—I saw the cloth in which they were wrapped; it had my name on it—the prisoner had stated herself to be a widow.
Cross-examined by MR. ROBINSON. Q. You had a good character with her? Yes.
CORMACK DOWD (policeman, D 240). On 4th Dec. I was on duty in Oxford-terrace, at half-past eight o'clock in the evening—the prisoner came out of Mr. Westoby's with something under her cloak—I asked her what she had got—she said she had got nothing—I told her I was a police—man, and would see what she had (I was in plain clothes)—she said she had a few bones for the dog—I asked her where she had taken them from—she said from No. 46—I told her to come back with me—she then asked me to have a glass of brandy—I said, "No"—she then said if I would not take her back she would give me 5l., for she was a married woman, and it would be the ruin of her—she refused to go back, I was forced to get the assistance of another policeman—we took her back to the house—her mistress came down to the hall: the prisoner said to her, "It is the first time; I hope you will forgive me."
GUILTY . Aged 36.—Recommended to mercy by the Prosecutor and Jury.
Confined Fourteen Days.
WILLIAM SAVILLE . I am foreman to Mr. George Ellis—the prisoner was in his service, to take care of his horse—my master had a bushel of tares in his granary—there was about half a bushel missing from them—I saw them safe the day before the policeman took the prisoner—I missed a nose-bag from the same stable—this is it(produced)—it is Mr. Ellis's—these tares were not for the horses—I give them out at times—the prisoner had no authority to take them; I had not given him any.
Cross-examined by MR. HORRY. Q. How long have you been in Mr. Ellis's service? A. About fifteen months—the prisoner has been in his service many years—Mr. Ellis is not here, I cannot tell whether he did not want to prosecute—I know that the prisoner had sown some tares some weeks before; I do not know that he was going to sow some more—I cannot tell what these tares were kept in the granary for; they might be to sow again.
JESSE PENFOLD (policeman, N 104). On the evening of 25th Nov. I took the prisoner in Bury-stret, Edmonton, coming from Mr. Ellis's with this nose-bag on his shoulder, and these tares in it, going towards his own home—I stopped him, and asked him what he had got—he said his things—I found these tares, and told him he must go with me—he said he would not go with me, or any other b—y man, till he had been to his master's—in going to his master's he tried to spill the tares—when he
got there, he told his master he was going to put them in a little bit of ground that was missed.
Cross-examined. Q. What did his master say? A. I asked his master whether he gave him liberty to take these tares—he said he had not—he said he had been in the habit of drilling his tares all the season, but he did not give him authority to take these—the prisoner said he had sown tares in the field, and he found two rows missing, and he was going to fill those rows.
NOT GUILTY .
EDWARD VICKRESS . I live at Lambeth. The prisoner came to me on 2nd Dec. to receive the money for a bill owing to his master, of 1l. 9s.—I paid him—he wrote this receipt in my presence and gave it to me.
MARY PIPER . I am the wife of Thomas Foot Piper, a stay manufacturer—the prisoner was in our service. On 2nd Dec. I sent him with this bill, which is my writing, to receive the money—he ought to have come back about four or five o'clock—he did not come back till nine at night—he then said the lady was out; he had left the bill, and he did not get the money.
Prisoner. I lost the money; I did not like to tell my mistress.
GUILTY . Aged 16.— Confined Six Months.
OLD COURT.—Tuesday, December 17th, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald.WILLIAM HUNTER. Before Mr. Recorder and the Second Jury.
MR. PAYNE conducted the Prosecution.
HENRY GEORGE BOHN . I am a bookseller, of York-street, Covent-garden. The prisoner was my town traveller—his duties were to take samples round to the trade, to get orders, to enter the orders when he returned, and to bring back the samples—he was never to leave his sample-box or books at his own lodging, but to bring them back, however late—I received information, and on 25th Nov. went with a police-sergeant to Ravenscroft-street, near Shoreditch Church—I went into the prisoner's room—he was not there—I found a vast quantity of books lying about, some of them packed in brown paper, ready for carrying away; others stood in a large cupboard, half-open; and there were, I think, thirty or forty in a box—most of those in the cupboard were the "Standard Library," the "Scientific Library," and the "Illustrated Library," duplicate and triplicate copies—I am the publisher of those—I found altogether 169 books, which cost me at least 20l.—some of them had not been published a fortnight; they were that month's volumes, such as "Kitto's Sacred Lands," of which here are six copies; "Cicero's
Offices," of which there are four copies; three of "Sewell's Horace" and "Plato"—none of these are cut—he had no business with them at his place—I had not sold them to him—he could never want back samples, or more than one copy, to show to the trade, which we call subscribing—when he has dune with them at night it was his duty to deposit them in the stock—I had not the slightest idea that he took them home—these books are mine(produced.)
Cross-examined by MR. BALLANTINE. Q. How long has he been in your employ? A. About five years altogether; his salary originally was 30s. a week, it being his father's salary, and his mother was dependent upon it; I discharged him for taking away a favourite porter, and recommending him to another house; but he pleaded hard, and I allowed him to stay, at a guinea a week, while he was getting a new place—he afterwards said he felt he had done wrong, and I re-engaged him, at 25s. a week, and promised that if he behaved properly he should be raised to his original salary—his expenses were allowed him, and were paid him by the clerk, either on Saturday, when he received his salary, or else at the time he spent money—there was no one for him to account to at night for bringing the books back—the warehouseman would be there, but he knew just as well where to put them—he had to take out from one to six books in a day, but at Christmas one or two boxfulls—his hours were from nine to eight; but it was his duty to be in and show himself before dark—every one of these works is complete in itself, and is published separately—here is a manuscript book in my own writing, which I identify—it was originally lent to the prisoner, to copy, on my premises—he had no right to take it away—none of these books have any mark on them—I cannot swear to them—I should not like to say certainly that I could ascertain by taking stock whether I had lost these books; the stock might not be taken accurately; I should know that I had lost a number of books—I never sent the prisoner with books to reviewers; that is the province of the advertising clerk—I do not know that reviewer's copies are often brought back cheap; they do sometimes come into the market cheaper than printers' copies, after they have been reviewed, but not in any numbers; and they are always stamped on the title-page by the advertising clerk, if he did his duty; and if the reviewer did his duty he would cut the book; they do not always do so.
Cross-examined. Q. Were you intimate with the prisoner then? A. Yes; I am the person that informed against him—I was very awkwardly situated in carrying out parcels for him, to meet him in different parts of the city.
MR. PAYNE. Q. What parcels did you carry out? A. I used to have to meet him with parcels of books, by his direction, when he went into shops—he used to put them up in parcels at his lodging, and used to give me 6d. a parcel for taking them—the principal place we went to was Mr. Millard's.
(The prisoner received a good character.) GUILTY . Aged 22.—Strongly recommended to mercy by the Jury on account of his character.— Confined Twelve Months
MR. PAYNE conducted the Prosecution.
HENRY GEORGE BOHN . After I had been to Taylor's house I went next morning, Nov. 26, with the sergeant to Millard's in Newgate-street—we waited till the shop was open, at nine o'clock—we went in—he was not there—I saw a great many of my books distributed in different parts, some of which had been recently delivered to the trade—I made myself acquainted with their position and went out—(it is a small crowded shop, very full of books; he sells new and old books, but virtually I should call it a second-hand book-shop)—I returned, saw Millard, and stated that Taylor had robbed me to a considerable extent; that I had creditable information that two parcels had been delivered to him the day before, about half-past one, and asked him to be so good as to produce them—he said some of them had been taken down to Clapham, and he produced one or two, which he said were part of that parcel—I think the first he produced was "Briant's Dictionary of Painters"—that was in the first parcel—I do not know the exact number he produced—I told him that that was only a small proportion of what was contained in the parcel, and I mentioned the names of some he had not produced, among others the "Book of Gems" which is in three volumes, in morocco—I cannot say that that was the first I mentioned—he then brought a few more forward—I think he said that about taking some to Clapham when he had shown me the first parcel, and I pressed him for more books—I do not know whether I had then mentioned the "Book of Gems"—I had taken a list of the books, a copy of which I have with me—I have got the original list in a little memorandum-book—this is not a list of all the books, only of a portion—when he said he had taken them down to Clapham I said, "No, I see them on the shelf"—he then preduced them, and said, "Oh I recollect, I did not take them"—I do not quite recollect what those particular books were; they are here—he produced these nineteen volumes (produced)—he did not produce them all at once; I think he produced these thirteen first—I think he produced eight or ten when I first asked him about the parcels: he produced them by degrees—I cannot tell in what order they were produced—we were both very much excited, and I, not wishing to press anything hardly against him, did not notice accurately—I kept myself aloof as much as possible—I did not like to meddle with it—I know that these were the books which were contained in the first lot, which he produced by degrees—the morocco-bound books were in the second lot—I said, "Mr. Millard, these are not all; I have a list of others, which I must call on you to produce"—before that I had seen three volumes of the "Book of Gems," among others, formally fixed on the shelf, with books on each side of them; some were not—the trade price of this work is 2l. 5s.—a bookseller would have to pay that for them, to sell them again—he brought them forward, and said there they were, but he thought they belonged to a former parcel—they are quite new, and
bound in morocco—I asked him whether he kept any account of his purchases of books in the shop—he said, "No"—I asked him what he gave for the books—he told me at first 30s.; and afterwards, seeing I stared at the price, because they are worth more than 5l., he said he had made a mistake, it was 2l.; that he did not know there was anything wrong; he thought Mr. Taylor was a respectable young man—I cannot say the precise order in which these things were said—in a very early part of the conversation Mr. Millard said that the books he had bought were second-hand, and he had been employed the best part of the day in cleaning them up and putting them in order—he did not speak of any particular books; he said, the books he bought of Mr. Taylor—I cannot say the precise time at which that was said; we were both excited—I cannot recollect whether it was said before the books were produced or after; I should say before, because the production of the books would have shown that they were new—none of the books he produced were second-hand—the trade value of the books he produced, as bought of Taylor, was 7l., but the lowest possible value that could be put upon them would be 5l. for the nineteen volumes—the price of these three volumes of "Walpole's Painters" is 30s. to the trade.
Cross-examined by MR. CLARKSON. Q. You remember being before Mr. Jardine, at Bow-street, at the second examination, when Mr. Millard was charged? A. Yes; I do not recollect Mr. Jardine asking me what I could put my finger on to show any guilty knowledge on the part of Mr. Millard—I dare say he did—I do not think Mr. Jardine was about to discharge him—he was allowed to go on his own recognizances—I had not, up to that time, stated anything about Mr. Millard saying the books were second-hand, and that he had spent part of the day in cleaning them—I did not know it was of any consequence—I said that he prevaricated and I thought that comprehended all these things—when I did state it I believe Mr. Jardine said it was important, and would not allow it to be added to my deposition—our conversation lasted an hour or more, and there are many things even now which I have not mentioned—scarcely any of these works that are produced are sent to the reviewers, I do not think six—the "Book of Gems" is one of my publishing; it has not my name on it—the paper is not bad, nor are the plates very much worn—it is property that cost me thousands of pounds—Sanders and Ottley were the original publishers of two volumes, and Whittaker of the third—mine is a reprint, the paper is beautiful—I do not think this is the first time I have stated that Mr. Millard said he gave something about 30s. for the books—I stated at the first examination that he prevaricated—I had been into the shop and examined it before he came in, in the presence of his servant, who offered no objection—I went out for a few minutes, and when I returned he was there—the books were on shelves behind the counter in different places—the shelves were all behind a screen—it is an open shop—they were placed in such a position as any one walking round the counter, which any one has a right to do in a bookseller's shop, might see them—I never knew it to be the habit for persons who go out with samples or parcels of books to sell on their own account: I should not employ any one that did so—I believe that reviewers do sometimes sell the copies sent to them to review, at a less price than they are published at; I should be sorry to say it was a habit with reviewers—I
should not send books again to any reviewer that did so—I have trade sales myself once a year—my books are then sold at prices considerably below the price marked to a private purchaser—a work of 1l. 11s. 6d., value might sell from 1l. 3s. to a guinea—if a work is regularly sold off it is sold for whatever it will fetch—if I have bought books at one-tenth of the original price I have sold them at the same rate—I bought "Priestley" at 1s. a volume from Mr. Millard, and had them done up in boards, which cost me 11d., and sold them at half-a-crown a volume—I do not know the original published price of that work; it was printed before I was born—they were old books—there was no established price to them—there is an established price to the books which I sell.
Q. Do you not know that your own works are to be found in the hands of second-hand booksellers at one-third, or little more than one third of their price? A. No, unless they are stolen they cannot be—every tradesman knows the price of my books to a penny—it may seem to you that nothing is so uncertain as the price of books, but it is not so in the trade; it is so certain, that if you go into any bookseller's he will tell you within 6d. what my books may be supplied at.
Q. Did not Mr. Millard, finding that he had omitted one book which you had desired him to get back for you, go to the man to whom he had sold it, and repurchase it, and inclose it to you? A. After his second examination he came to me: no, I produced the book at the second examination; it must have been after the first examination—it happened in this way, I knew of that book being out of my stock unfairly; he knew it, and got it back again, and brought it to me—that was "Pugin's Floriated Ornaments"—I do not know that it is the practice with second-hand booksellers to keep no account of books bought over the counter; I have very great doubt about it; I should not like to do such a thing; I do not think any respectable man in the trade would buy books in his shop casually without keeping an account of them, and I always considered Mr. Millard a respectable man during the whole time I have known him—I think he said to me, when the books were taken down from the shelves, "Don't you consider it a little hard on me, Mr. Bohn, that I am to lose the price which I have paid to Taylor for these books?"—there is no private mark of mine on these books—my trade is very large in all the best literature of the age, from works of 500 guineas down to 6d.—I do not know that works which I sell for three or six half-crowns are to be found in the smaller shops for half-a-crown; some may be got for 2s. 9d.—I charge the trade 2s. 6 1/2d., and they sell for the odd 2 1/2d.—they purchase them in quantities, and you may buy my books for 2s. 9d., which, if they bought only a single volume, would be 2s. 9d. each to the trade—a 5s. book of mine is 3s. 6d. in the trade—these works fetch 3s. 6d. at the book sales; they are not sold at a farthing less; but if a man buys twelve volumes, he has one thrown in to make 13s.; that is my rule; it is not the universal rule, some give twenty-five for twenty-four—I believed Taylor to be a respectable man, or I should not have employed him—Bulwer's works are usually published at a guinea and a half the three volumes—new novels do not rank as established books—I do not sell them; but Bulwer's novels sell at a guinea and a half in large numbers, till they become printed in a cheaper form—they are sold off when he prints his shilling edition—the object of a reprint is to sell cheaper—the
morocco copies of the "Book of Gems" would have cost six guineas at the first price—it is my particular province to make the books as cheap as possible, but when they have got to my cheapest price they cannot get any lower—I am not aware that the books which at the publisher's sell for 3s. 6d. to 3s. 9d. are constantly to be met with at 2s. 6d. or 2s. 9d.—my books second-hand would fetch 3s. 6d., the price of new, but they must be cut open, and be second-hand—a book is second-hand if the leaves are cut—books sent to reviewers are not returned; they dispose of them as they like—there are not large quantities of those in the market, not many hundreds—the best reviewers keep them for their own libraries—I send out from fifty to eighty copies to reviewers; it varies very much; that includes newspapers, town and provincial; it is not more than that—sometimes with very valuable books we do not send out so many—I have not found in many houses in the trade, books of mine which I have not sold; I have in two or three, that have bought books of Taylor—I have not been to those persons—they have told me that they bought a few copies of Taylor, but they were gone—one bought eight volumes, which he said were second-hand, cut up—two have told me so, but one I know who perhaps ought to be in the dock.
MR. PAYNE. Q. Are any of these reviewers' copies? A. No, nor are any of them second-hand; they are not in a bad condition, and do not require cleaning up—reviewers' copies are invariably stamped with a stamp made for the purpose—none of these are stamped.
COURT. Q. You say that at one part of the conversation Millard said he had given 30s.; do you recollect which books he was speaking of at that time? A. I think at that time all the books had not been produced, but I cannot recollect; it was very early in the conversation—he was speaking of part of these books, those that are about half in value, rather the least expensive, if anything—when he said he gave 2l. for them, I think he was alluding to them all, I am not sure.
SAMUEL GILES . I know Mr. Millard's shop, in Newgate-street—I have taken parcels of books to the door of his shop about four times—the first time was in Aug., I believe—I got the books which I took there from Taylor—he desired me to meet him there with them—he took them into the shop—he desired me to wait outside till he came out to pay me for carrying them—he occasionally paid me when he came out, when he had the money—in Aug. he came out without the books—it was not a very large parcel—the next time I went was at the latter end of Nov.—had to meet Taylor there—I did meet him—I had two parcels then—I am now speaking of the last time—I went twice in Aug. and twice in Nov.—on each occasion I carried the books to outside Millard's shop, and met Taylor, who took them in—he came out without the parcels—the last time I went was on the Monday that Mr. Bohn and the policeman came to Taylor's lodging—I carried two parcels for Taylor that day; I got them from his lodging, by his direction—I met him by the Post-office, at one o'clock—he told me to go as far as Millard's door with them, and he took them from me and went in—I remained till he came out—he came out without them—he told me he wanted me to carry his box to the Parcels Delivery Company; but I called in Cornhill, where I occasionally get work, and I got a job, and did not go—that was his clothes-box—I had seen that box in the house—I had not seen it that day—I got the books
which I took, from his room—I did not see his box when I took these parcels from his room—I did not go inside Millard's with him at all.
Cross-examined. Q. I suppose, from what you say, that you had been in the habit of carrying parcels for him when you had not a day's work? A. Occasionally—I had no notion that I was carrying stolen goods—I occasionally looked through the shop window and saw the parcels opened—they were small parcels on all occasions—I had been to meet him at different places, but I never went to shops with him—he always had me at a distance off; here he requested me to come to the shop-door with him—I never noticed where he went to with the other parcels—I have not continually taken parcels for him; not once a week; I dare say there might be a fortnight pass, and so on—I am a confectioner—Taylor lodged at our house.
COURT. Q. Where did you get the parcels that you carried? A. Before Taylor went to his work in the morning he showed me the parcels which I was to bring—on the last occasion that I took the parcels to Millard, Taylor told me to meet him at the General Post-office at one o'clock—on the former occasions it used to be generally at the Post-office—he never told me to come to Millard's—he pointed out his clothes-box to me on Sunday the 24th, and said that was the box he should want me to carry—I never saw what was in the parcels, without I looked in at the shop-window, which I did once, I believe, and saw it undone—it contained books similar to these.
HENRY MATTHEWS (policeman, 10). On Tuesday, 26th Nov., I went with Mr. Bohn to Mr. Millard's shop—he was not there at first—he came in shortly after, and Mr. Bohn asked him where those two parcels were which he had received from Taylor yesterday—Millard said, "What, is there anything wrong? I always thought him to be a respectable young man, I did buy some books of him yesterday; they were second-hand books, and very much soiled, and it took me very nearly the whole of the day to clean them"—Mr. Bohn said, "It is no use your denying it; I have seen them here, and you had better bring them forward"—Millard then brought forward these thirteen books, and said, "That is all; I gave him two guineas for them"—I am sure he said, "That is all"—Mr. Bohn said, "No, it is not all," and mentioned the title of some other book, which I do not remember—Millard said he had taken them home with him last night to Clapham—Mr. Bohn said he had not, for he had seen them there this morning—Millard then brought forward from the back-part of his shop three books, called the "Book of Gems;" this is one of them, and again said, "That is all"—Mr. Bohn said it was not all, and gave him into my custody—Millard then went with me to the back-part of the shop, and took three other books from the table; they were "Walpole's Anecdotes of Painters"—he said, "I did not pay for them (I do not know whether he meant for the three he produced or not) I did receive two parcels from Taylor yesterday, and placed them on the table at the back of the shop, but did not untie them till just before I went home last night and left them there"—I then took him to the station with the nineteen volumes—I now produce those volumes—I took Taylor in custody at Mr. Bohn's, the night previous.
A great number of respectable witnesses deposed to Millard's good character.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
GEORGE HERON BRAID . I am warehouseman to Messrs. Leaf and Co., of 39, Old-change. On 29th Nov. Thompson, another warehouse-man, gave me this order (produced), and I saw the prisoner in the warehouse—he saw me with the order in my hand—I proposed to send patterns, and he said he thought patterns would do—I cut him five patterns; one was of a lower quality, and another richer than was asked for—he went away with them—it was about four o'clock—he returned about six, and I received this other order from Mr. Brankston, one of the partners; the patterns were enclosed in it—Mr. Brankston called the prisoner, and asked him if he was the man who brought the second order—he said, "Yes"—I went to do up the goods—I took them to the entering-room, and found the prisoner was not there; he had been given into custody—(orders ready,—"Broadway, Westminster,—Please send by bearer a few lengths of black satinettes, the best you can, from 2s. 3d. to 5s. 3d.; also a piece of black ducape, about 5s. 9d."—"Broadway, Westminster. Gentlemen,—Please forward by bearer a piece of each of the enclosed patterns; if you have a black ducape at 3s., a little better, please send it. I shall be up myself to-morrow. Yours, &c, E. BEASLEY. Nov. 29, 1850.")
MICHAEL BRANKSTON . I am one of the partners in the house of Messrs. Leaf and Co. On 29th Nov., a little before six o'clock, the prisoner came to my desk and presented this order to me, with the patterns contained in it—it was sealed up, and addressed to the firm—I opened it in his presence—I thought it was a forgery, took it to the silk-room, and instructed Braid to get the goods ready and take them to the entering-room—I asked the prisoner to go there—I did that to get time to consider what to do—I followed him to the entering-room, and told him I suspected he was about committing an act of dishonesty—he assured me he was not, and appeared hurt and indignant—I asked him how long he had been in Mr. Beasley's employ—he said, "Yesterday," this was Friday—he entreated me to allow a young man from the establishment to go with him, but I felt that a policeman would be best—I sent for one, and he was given into custody—the value of the goods ordered was 59l. 3s. 4d.
EDMUND BEASLEY . I am a linen-draper, of Warwick-street, Westminster. Neither of these orders were written, or authorised to be written by me—the prisoner was not in my service—I never saw him till he was at Guildhall.
Cross-examined by MR. BALLANTINE. Q. Is Warwick-street in the Broadway? A. No; but I have recently gone to the Broadway—my son manages the business there.
MR. CLARKSON conducted the Prosecution.
and Co., of Aldermanbury—there are three partners. On 27th Nov. the prisoner delivered this order to me, and said he brought it from Mr. Baker, of Ludgate-hill—I took it to Mr. John Bradbury—he sent me to Mr. Baker's, and when I returned the prisoner was gone.
Cross-examined by MR. BALLANTINE. Q. Are you certain he is the man? A. Quite; there were three or four gas-lights burning.
THOMAS BAKER . I am a warehouseman, of Ludgate-hill. I know nothing of the prisoner—I did not write this order, or send him with it to Mr. Bradbury—(read, "Ludgate-hill,—Gentlemen, please send per bearer a few pieces of black satinette, the best you can do from 2s. 9d. to 3s. 9d.; also a few black ducapes, about 3s. 2d. Yours, &c., THOMAS BAKER.")—Mr. Gainsford came to me, and I told him I knew nothing about it.
GUILTY.* Aged 25.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 21.— Confined Three Months more.
MR. CAARTEEN conducted the Prosecution.
THOMAS JONES CAVANNAH . I am manager to Mr. Thomas Vesper; he has one partner; they are outfitters, at Limehouse. On Saturday evening, 23rd Nov., between seven and eight o'clock, the prisoner came to the shop, and asked if we cashed seamen's notes—I replied, "Yes," and he presented this one (produced)—it has my writing on the back of it—it is a note purporting to be from a master of a ship, directed to a firm, and payable to bearer or order, provided the seaman sails in the ship—he said he would lay out money to the amount of 1l., and selected goods to the amount of 1l. 1s. 3d., and I handed him the difference, 13s. 9d.—he did not say the name of the ship, but I understood it, and said I would send the things on board on the Monday morning, at one o'clock, when he said he would be alongside to receive them, and he consented to that—I asked him who wrote the note—he said, "The captain"—he called on the Monday, at ten o'clock—I had previously ascertained that the note was a forgery—I did not send the things—I made the prisoner make his mark on the back of the note—he said he could not write—I asked him how he managed when he signed articles—he said he touched the top of the pen, the captain holding it—I asked him his name, and he said, "Henry Cook," which is in my writing on the back of the note—(note read: "Advance note. 23rd Nov., 1850. Three days after the ship Castle Lackland has sailed from Gravesend, pay Henry Cook, or order, 1l. 15s., at Bright and Green's, Philpot-lane. J. Bruce, commander.")
George Bruce is the master; he is now gone on a voyage; he sailed this day week for Jamaica. The signature to this note is not his writing, and does not hear the slightest resemblance to it—on 23rd Nov. the ship was in port—I have examined Lloyd's Register of British and Foreign Shipping, and there is no other ship of the same name, or any J. Bruce—there is not, to my knowledge, any firm in Philpot-lane of the name of Bright and Green—I know Philpot-lane well—I have a copy of the Castle Lackland's articles, which contain the names of the seamen—I do not of my own knowledge know their names—the original articles are gone to sea with the captain—I know of no such person as Henry Cook being on board the vessel—I was on board the ship nearly every morning for a fortnight before her departure, and saw nearly all the crew—they do not all generally join before the ship gets into the locks, going into the river.
GEORGE OSBORNE (policeman, K 129). The prisoner was given into my custody on Monday, 25th Nov., about eleven o'clock, at Mr. Vesper's shop—he said if I took him down to the ship I should find it was all right—I did not take him to the ship; I took him to the station-house—I afterwards went to the ship, and made inquiries of the mate.
GUILTY . Aged 38.— Confined Four Months.
NEW COURT.—Tuesday, December 17th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. WILLIAM HUNTER;
Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 28.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
GEORGE YOUNG . I keep the Olive Branch public-house. On 27th Nov., about four o'clock, the prisoner came for half a pint of porter, and gave me a shilling—I told him it was bad, and broke it into two pieces—be threw down a good shilling, took up the two pieces and chewed them—he said it was a shame to take in a poor man like me; he had just taken them at the public-house, and he would not be detected in passing bad money; he would put it out of sight—I thought at first he was tipsy, but not afterwards—he went away—I have no doubt he is the person—he had
a sort of bruise in his face, which is now worn away—he had a black frock-coat on, and a cap.
HENRY BENNETT . I am barman, at the Wheat Sheaf public-house, about 100 yards from Mr. Young's. On 27th Nov. the prisoner came, about a quarter-past four o'clock, for a pint of porter—he had on a corduroy jacket and a cap—there was a man with him, who had on a black frock-coat and a hat—the prisoner offered me a bad shilling—I said, "It is a bad shilling; you must be aware of it"—he seemed to be tipsy, and was rolling about—he said, "You must look over it this time, for I have got no more"—I took the beer back—they went away.
SAMUEL TAYLOR PITTOCK . I was in the Wheat Sheaf, and saw the prisoner and another man there—the prisoner was dressed in a corduroy jacket; the other had a black frock-coat on—I followed them out, and to Mr. Pullen's shop—the prisoner went in, the other was outside; he ran away—I went into the shop, and took the prisoner by the collar—Mr. Pullen had got a bad shilling, broken into two—I asked if he had taken any bad money of the prisoner—he said, "Yes, a shilling"—the prisoner went down on his knees, and said he was a hard-working man, and begged him to look over it—he appeared to be drunk, but when at the station he was quite sober.
GEORGE PULLEN . I am a baker, and live in Church-row, St. Pancras. On 27th Nov., about half-past four o'clock, the prisoner came in, and bought two penny loaves—he tendered a bad shilling—I detected it, and broke it into two—I told him it was bad—he pretended to be drunk, and said he was very sorry—I said, "If you are not off I shall give you in charge of the police"—I noticed another man outside, who said, "Come on; never mind; what is the use of waiting for bread?"—the prisoner was about to go, when the last witness came in and collared him, and he was detained—I gave the two pieces of the shilling to the officer.
JOHN BULLOCK (policeman, S 246). I took the prisoner, and received these two pieces of a shilling from Mr. Pullen—the prisoner shammed to be drunk, but he was not—I found on him a packet of copper—he gave his address, "17 Crown-street, Soho:" I went there, and no such person lived there.
Prisoner's Defence. I took it in a public-house; I did not know it was bad.
GUILTY .— Transported for Seven Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
GEORGE SCARBROW . I am twelve years old. On Thursday, 12th Dec, I was in Wilsted-street, Somer's-town—I live there with my grandmother—the prisoner came and spoke to me—he was a stranger—he pointed to Mr. Rogers' shop, and asked me to go there for two eggs, and I was to have a halfpenny for going—he gave me a shilling to pay for them—I went, and bought two eggs—I gave the same shilling that he gave me to Caroline Rogers—she gave me a sixpence and fourpence in halfpence, in change—I gave the change and the eggs to the prisoner, and he gave me a halfpenny, and went away.
Prisoner. Q. Can you say I was the man? A. Yes.
CAROLINE ROGERS . I serve in my mother's shop in Wilsted-street. On that Thursday, this little boy came in for two eggs—he gave me a shilling—I gave him the change and the eggs—I put the shilling into the till, there was no other there—after tea I saw my mother find the shilling in the till—no other money had been put in or taken out.
CATHARINE ROGERS . I looked in the till, and saw one shilling and no other; it was a bad one—I took it out and bit it, and pot it into my pocket—next day, the 13th, another boy came for a pennyworth of tobacco—he gave me a bad shilling—I kept it in my hand till I got to the door—I saw the prisoner standing—he ran off, and I pursued him—he ran down a court which is no thoroughfare, and I took hold of him—I said, "You have sent me a bad shilling"—he said he had not—I took him back, and William North was then outside my door, and he said, "That is the man that gave me the shilling"—I gave the prisoner to the police-man, and the two shillings.
WILLIAM NORTH . I am going on for nine years old. On Friday, 13th Dec, I saw the prisoner—he told me to go to Mrs. Rogers' shop, and get him a pennyworth of tobacco; he gave me a shilling to pay for it, and I was to receive a halfpenny for going—I went and gave Mrs. Rogers the shilling—she went out; I saw her come back, and bring the prisoner.
GUILTY . Aged 25.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ESTHER HITCHCOCK . I am the wife of Richard Hitchcock—he keeps a beer-shop in High-street, Portland-town. On 21st Nov., at half-past ten at night the prisoner came for a pint of beer—she paid with a sixpence—I gave her fourpence-halfpenny, and put the sixpence in the till; there was no other there—she went away, and returned in ten minutes—she asked for a half-pint of ale—she gave me another sixpence; it was bad—I then looked in the till, and found the other was bad—there was no other there—I told the prisoner she had been in a few minutes before, and brought me another bad one—she said she had not—she then offered me a good shilling—my husband called a policeman; I gave him the two bad sixpences.
Prisoner. I told you I would show you where I got the sixpences. Witness. You told me where you had been—I went there and inquired—they said you did not buy such things as you stated—you gave your address correctly.
Prisoner's Defence. I went to a person to carry some clothes, and she gave me the sixpences.
GUILTY . Aged 26.
Recommended to mercy by the Jury.— Confined Four Months
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ROBERT THOMAS BRAME . On 11th Dec. I was in the Mile-end-road, about a quarter-past three in the afternoon—I saw the two prisoners in company, three doors from Muldarry's shop—I saw Smith give to Fitzgerald a piece of white paper, and then Smith went into Muldarry's shop, and Fitzgerald walked slowly on—in a few minutes Smith came out and joined Fitzgerald, and they went on together towards Bow, in the direction of the White Swan—I saw them brought back by the policeman.
ANN MULDARRY . I am the wife of Thomas Muldarry, a tobacconist, in Mile-end-road. On 11th Dec. Smith came for a cigar—he gave me a half-crown—I gave him change, and put the half-crown in the till; there was no other there—he asked me the way to Whitechapel, and I directed him, but he went in an opposite direction—I then went to the till, and found the half-crown was bad—I went to a neighbour and gave information—I pointed out Smith, who was then going towards the White Swan—I gave the bad half-crown to the policeman.
FREDERICK HALLETT (policeman, K 176). On 11th Dec, from information, I went on towards the White Swan with another officer—as I was going I saw the prisoners in company—Fitzgerald caught sight of me and turned round and left Smith, and went into the White Swan—I went in after him, and saw him sitting in front of the bar, between two other men—he called for a pint of porter—I told him he must come out with me, there was a person wished to see him—when I came out I found Smith in custody of my brother officer—we went towards a stonemason's yard—I and Fitzgerald went first—when we left the yard I turned round and saw Smith put his right hand in his right-hand trowsers pocket, and thrust it down his leg, and immediately something fell down like metal—it was picked up—I went on with Fitzgerald to the station—I found on him 3 shillings, 5 sixpences, and 1s. 4d. in copper money, all good, half an ounce of tobacco, and some sweet stuff—I received this half-crown from Mrs. Muldarry.
JOHN MURPHY . I live in Bowles'-court, Mile-end. On 11th Dec. I was in a stonemason's yard, and saw the prisoners and the officers—while they were going along I saw Smith drop a half-crown from the leg of his trowsers—I was close to him—it fell right against my foot—I picked it up and gave it to the officer.
BENJAMIN SPURGING . My father keeps the White Swan, at Mile-end. On Thursday morning, 12th Nov., at half-past nine o'clock, I found these four half-crowns under the seat in front of the bar—three of them were in one piece of paper, and one in another.
Fitzgerald. Q. In what part of the seat were they? A. I cannot say—I cannot tell whether any one had been on that seat from the afternoon before—I heard them fall down from behind the seat—the seat is close to the wall; it has not got a back to it: I was sweeping under it and they came out.
from the same mould as the second—they are made of base metal and silvered over—wrapping it in soft paper would keep it like silver.
Smith's Defence. I have been but a short time in England, in respectable employ; I met this man; I went in the shop and offered the half-crown; I did not know it was bad; I came out and met this man again, and joined him after that; a half-crown was dropped, but it was of a different date, and it was dropped in a crowd of persons, and is it not just as possible that some other person dropped it?
Fitzgerald's Defence. When so many persons come into a public-house, is it not as likely for one person to drop the money as another? and from three o'clock in the afternoon till nine in the morning it is not likely it would remain there; I was going along the road, and this man gave me a small piece of paper, and asked the way to Bow; I said I was going that way, and we walked together.
SMITH— GUILTY . Aged 25.— Confined Eight Months.
FITZGERALD— GUILTY . Aged 26.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH CANNING . I am a confectioner, in Drury-lane. The prisoner came to my shop on 2nd Dec. for 3d.-worth of crumpets—he offered a 5s.-piece—I had seen him nearly a week before—he came on the first occasion for some eggs, and gave me a bad shilling—I took it and placed it in my purse, where there were other shillings—I had found it was bad before I put it in—I afterwards gave it to the inspector—I gave the 5s.-piece to my landlord, but it was not out of my sight before I gave it to the officer—I know the shilling the prisoner gave me, because it had leaves round it, and the others were all good—I had put it in the till, but I had no other silver in it—I had not detected it till he was gone.
Prisoner. You took the 5s.-piece out of my sight for a quarter of an hour, and said you would go and get change; you left me in the shop; I waited for my change, not supposing it was bad; I do not believe it was. Witness. I took it only to my landlord's at the adjoining shop—it was not out of my sight.
Prisoner. I gave a satisfactory account of where I got it from; at the station you stated that you went to a public-house and got this 5s.-piece in change for a sovereign.
ELIZABETH CANNING re-examined. This is the shilling; I know it by a cross I made on it at the station, and by the leaves; I observed that when he gave it—I did not mark it before I got to the station—the prisoner gave it me either on the Tuesday or Wednesday before.
Prisoner's Defence. I was not there at the time she states I gave her the shilling; I was at Finchley.
GEORGE BELL . I am a picture-frame maker, and live in Drury-lane. I was at Mr. Gardener's, the Punch Bowl, in Hemlock-court last Friday—I saw the policeman with a shilling and a crown-piece; he gave them into two men's hands and had them examined.
MR. BODKIN. Q. Did you see it yourself? A. No; I was in the parlour, and they were in the tap-room—the prisoner is a cabinet-maker—I cannot say who he worked for last.
GUILTY of uttering the crown. Aged 22.— Confined Six Months.
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
ANDREW O'SHIEL (policeman, B 156). I was called and took the prisoner and this groat—I asked where he got it from; he said from change with some copper—he afterwards said he would tell the truth, he got it for shutting a cab-door in the Haymarket—I asked him if he had any more—he said, "No, no more"—I asked him if he had any money; he said, "No, not a farthing"—I then searched him, and found this other groat—he then said, "I thought I had not."
GUILTY . Aged 17.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
HENRY WOLLARD . I am a victualler, of Camden-town. On 4th Dec. the prisoner came to my house about half-past four o'clock in the afternoon, for a pennyworth of gin, and threw down a shilling—I saw it was bad, and told him so—he said he had it of Mr. Gibson, his master, in York-street—I gave it to Tasker, my servant, to go to Mr. Gibson to ascertain the fact—Tasker came back with the policeman and the prisoner in custody—the shilling was marked in my presence, and given to the policeman—I did not press the charge, and the prisoner was discharged.
JOHN TASKER . I went out with the prisoner—he made a full stop at the corner of a street and said, "I have found a penny; I can pay you for the gin, give me the shilling"—I said, "I cannot do that"—he then said, "Break it in half and give me half"—I said, "I cannot do that"—he said, "If you don't, I will knock your head off"—the officer came up and I gave him the same shilling that my master gave me—he took the prisoner back.
On 6th Dec. the prisoner came between four and five o'clock, for half a pint of porter, and tendered me a bad shilling—I found it was bad, and said so—he said, "I did not know that; the landlady lent it me when I was going after a job"—I sent for an officer, and gave him the same shilling.
THOMAS FLOYD (policeman, A 415). I took the prisoner and received this shilling; I found nothing—he gave his address, 10, Baker's-place, Burton-crescent—I have been there and could not find such a person.
GUILTY . Aged 18.— Confined Six Months.
WILLIAM AYSCOUOH WILKINSON. I am in partnership with my brother—we are upholsterers, on Ludgate-hill—the prisoner has been in our service eight or ten years—he was paid by day-work and by piece-work both—he enters what is due to him in this book (produced)—it is his duty to enter the day-work and piece-work here, and then the foreman puts his initials to the day-work, as to the correctness of the days and hours, and to the piece-work as to the correctness of the amount—this checking by the foreman informs me that it is all right, and by the initials put here the party is paid—I have the account here of the week before we went before the Magistrate—the day-work is three days and three hours, amounting to 17s. 4 1/2d., and the piece-work 7s. 11d., making 1l. 5s. 3 1/2d.—this is the way it stands now in the book, and I find the initials of the foreman here; that would entitle the prisoner to receive these two sums—I was not present when he was paid—on the Saturday before I went before the Magistrate, in consequence of some discoveries, I called the prisoner down-stairs—I made a charge against him of having altered the book and robbed us—he hesitated and appeared agitated, and after some time he said he had—I showed him how he had altered the book by putting a "1" before the "7," making it 17s. 11d. instead of 7s. 11d.—I put the book up to him, and he admitted that he had done it—I asked him how many times he had done it; he said he could not tell—I sent for the old book and showed him—he said he could not tell how many times he had done it—on my pressing him he said he did it when he wanted money—he said he would pay back the money or work it out.
CHARLES WILKINSON . I am in partnership with my brother. I pay the prisoner from the foreman's signature—on 30th Nov. I paid him 1l. 15s. 3 1/2d.—the book when presented to me had a "1" before the "7" in the 7s. 11d.—I paid it on the foreman's signature, his initials are at the side—the 1l. 15s. 3 1/2d. comprised the two sums, the only difference is in the piecework, which was then 17s. 11d.—in consequence of the discovery afterwards, I found that every page in this book had been done in the same way, and we called him down.
WILLIAM RICHARDSON . I am foreman to Messrs. Wilkinson—it is my duty to examine the wages-book—after making the prices out, 1 sign it with my initials. On 30th Nov. the piecework that I signed for the prisoner was 7s. 11d.—my signature authorises Mr. Wilkinson to pay it—the book was
given to the prisoner, who was waiting in the counting-house—the book is not brought back to me without it is required—it is in the same state now as it was when I put my initials to it; I find there has been an erasure before the 7s. 11d.; something has been added, and erased again.
Prisoner. I leave myself to the mercy of the Court.
WILLIAM AYSCOUGH WILKINSON . The prisoner was in our service for a considerable time—there is a book kept for wages, which is checked by the foreman—I or my brother pay what is due, as attested by the initials of the foreman—I see here a charge 7s. 11d., and an erasure before the "7"—in consequence of something, I called the prisoner, and, in presence of my brother, I charged him with having robbed us, and altered the book, by adding a figure, to make the amount more than the foreman had signed—he hesitated a good bit, and then he said, "Yes, I have"—I asked him how many times he had done it, fifty?—he said, "No"—I said, "Twenty-five?"—be said be did not know; he had done it many times.
CHARLES WILKINSON . When our workmen produce this book I pay them, on seeing the signature of the foreman. On 30th Nov. the prisoner presented this book to me, and I paid him 7s. 11d. for the piecework as it then appeared in the book—in consequence of what we afterwards discovered, I was present with my brother when the prisoner was called down, and he confessed to altering the book several times, as often as be wanted money.
WILLIAM RICHARDSON . I am foreman to the prosecutors; it is my business to examine the wages-book, and, if right, to put my initials to it. On 30th Nov. I find due to the prisoner 7s. 11d.—that is what there was when I put my initials to it—there has been an erasure of something before the "7" which was not there then—after I had signed the book I gave it to the prisoner.
GUILTY . Aged 30.— Confined Twelve Months.
MR. WOOLLETT conducted the Prosecution.
HANNAH SCOLLAR . I am the wife of Joseph Scollar, and live at 15, Frederick-street, Hampstead-road. On 7th Oct. we removed from Charles-street, Goswell-road—previous to doing so I borrowed a carpet bag of the prisoner's wife—the prisoner was present when I borrowed it—I put into it a 10l.-note, a 5l.-note, fifteen sovereigns, a half-sovereign, some halfpence, five silver spoons, a brush and comb, and several other articles—the prisoner was present, and saw me put the things in—about six o'clock in the evening, after waiting some time, I proceeded to Frederick-street, in company with my husband—the prisoner and his wife had gone on with the van—I had the carpet bag, and I followed—when we got to Frederick-street the prisoner's wife took the carpet bag from my arm, and
gave it to my sister-in-law, who carried it up-stairs, and placed it in the room—the prisoner came up in a few minutes—his wife had left, and I asked him where she was—he said, "At the next house"—I had not then missed the carpet hag, I missed it in about twenty minutes afterwards—we went to the prisoner's house; I saw him there—I asked whether his wife had taken the carpet bag—he said he did not know—we waited till bis wife came home, and then I charged her with taking it—he did not say anything—I can swear this 10l.-note (looking at it) is the note I put into the bag—1 received it from my husband—I can swear to it by the name "Hooper," or "Harper," on the back of it—the prisoner and his wife live at 38 1/2, Charles-street—I was present when the prisoner's wife was tried here and convicted.
Cross-examined by MR. PAYNE. Q. Where did you put the notes? A. In a small pocket-book; I looked at the note before I put it in—I received it from my husband at the time I placed it in the pocket-book—he got it from Mr. Johnson, a broker—he did not give it me directly; I cannot say how long it was afterwards—after I had put the notes in the pocket-book, I put the things in the bag—I kept the bag and carried it to Frederick-street; my husband's brother accompanied me—when I got to Frederick-street the prisoner's wife met me; she said she had a pain in her stomach; my husband treated her with a glass of brandy—I had the carpet-bag then—the prisoner's wife went with me and my husband to the house—when we got there the prisoner's wife took the bag from my arm and gave it to my sister-in-law—I did not give the bag to my sister-in-law myself—I afterwards left the room, and when I returned I found my sister-in-law within two stairs of the bottom; I then went into the room, but I did not miss the bag for twenty minutes or half an hour—it was about ten o'clock when I went to the prisoner's house; I found him at home—he was taken and discharged—the prisoner's wife and I had not been drinking: we went to a public-house in Frederick-street, but I did not have anything there—I had had some ale at the Coach and Horses—I saw the name of Hooper or Harper on the note, when my husband gave it me.
Cross-examined. Q. What did you do with the note? A. Put it in a pocket-book in a pocket inside my waistcoat—I had a 5l.-note there—I took it out again in my bed-room, and gave it to my wife.
HENRY GEORGE . I am a traveller in the linen-drapery business, and live at Brixton. On 19th Nov. I saw the prisoner at my house at Brixton—he offered me a 10l.-note, and asked me to get it changed for him, or to give him change—I knew him very well—I went to the butcher's and got change in five sovereigns and a 5l.-note—I did not observe any marks on it—it was seven or half-past seven o'clock—I gave the note which the prisoner gave me to Mr. Smith.
GEORGE OCTAVIUS STANGER . I am a salesman, of Leadenhall-market. I received this 10l.-note from Mr. Smith—I marked it myself—this is my mark, "Smith, Brixton, 19,11,50"—I paid it to Barclay's the next day.
RICHARD ADET BAILEY . I am a clerk in the Bank of England. I produce this 10l.-note, No. 19966, it is dated 5th Aug., 1850; it was paid in by Barclay's on 20th Nov.—there are no more than one note issued of the same date and No.
CHARLES BOW (policeman, S 383). I apprehended the prisoner and his wife on 10th Oct.—I charged them with stealing the contents of a carpet-bag, a 10l.-note, a 5l.-note, and other moneys and articles—the prisoner did not say anything—I took him before the Magistrate, and he was discharged; there was not sufficient evidence against him—it was before the 10l.-note was produced—I apprehended him again on 23rd Nov., at his own house, in Charles-street—I asked if he had been to Brixton, and got a 10l.-note changed—he said, "No"—I said, "Were you not at Brixton on Monday last, and got a 10l.-note cashed?"—he said, "No, I was not"—I said, "Did not a Mr. George get a 10l.-note changed for you?"—he said, "No"—I said, "Do you mean to say you were not at Brixton on Monday last, and got a 10l.-note changed?"—he said, "No, I was not at Brixton on Monday, and have not been there for some time"—Mr. George was on the stairs, but some things were hanging there, that he could not see him—I then turned to Mr. George, and said, "Do you know this gentleman?"—he said, "Yes, I know him well"—I said, "Did he not get a 10l.-note changed for you on Monday last?"—he said, "No"—I turned to Mr. George, and said, "Is this the man that gave you a 10l.-note to get cashed?"—he said he was—I then told the prisoner I was an officer, and he was in custody.
Cross-examined. Q. When you pointed to Mr. George, you said to the prisoner, "Do you know this gentleman?" A. Yes; he said, "I know him well"—I turned to Mr. George, and I said, "Mr. George, it this the man that gave you the 10l.-note?"—he said it was.
GUILTY of receiving.† Aged 58.— Transported for Seven Years.
Before Mr. Common Serjeant and the Fourth Jury.
THOMAS JONES . On the afternoon of 25th Nov. I went to the Wool-pack about eight o'clock in the evening; I was drinking in the tap-room—the prisoner came in, said he was in distress, and asked if we could relieve him—I said, "No"—I gave him a drink of beer, and he got close behind me—I had a tobacco-box in my left-hand great coat-pocket—I left the house before the prisoner did—I was ten minutes or a quarter of an hour in going home, and directly I got home I missed my tobacco-box—this is it (produced) it has my name on it.
Cross-examined by MR. RIBTON. Q. Had you been drinking in the day? A. No; there were seven or eight persons in the tap-room—I and my friend were standing, the others were sitting—I did not remain more than half an hour in the room—I was in the room about five minutes before the prisoner came in—I left him there.
Cross-examined. Q. You did not know that this box was stolen? A. No, but the direction Wiltshire is on it—the prosecutor's brother lives there—I wrote there, and had an answer that his brother lived at 21, Whitecross-street—I have found nothing about this handkerchief.
NOT GUILTY .
OLD COURT.—Wednesday, December 18, 1850.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WIGHTMAN; Mr. Baron PLATT; Mr. Ald. THOMSON; Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNET, asq.
Before Russell Gurney, Esq.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Justice Wightman and the Third Jury.
GUILTY . Aged 26.— Transported for Ten Years.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
HENRY GEYR . I am a watch-maker, of 74, Newgate-street. On 5th April I enclosed two silver watches in a small wooden box, and then in a sheet of paper, which I sealed up, directed "Mr. S. Warttenberg, jeweller, Litham, Lincolnshire," and put some postage stamps outside, and posted it at the General Post-office, St. Martin's-le-Grand, a little after five o'clock—I received a communication from Mr. Warttenberg some time after.
MATTHEW PEAK . I am a police-constable, attached to the Post-office. On 28th Nov, I went with the prisoner to his house, 16, Windsor-terrace, City-road, to search—he pointed out his room to me—I found this watch there (produced) in a drawer—I took it away with me—he was told to come to the Post-office next morning—he came, and was questioned about some postage stamps which I had brought from his house, which appeared to have been torn off packets or letters—he said he had sent some letters to his brother in Sidney, and after he had put the stamps on he tore them off again—Mr. Geyr appeared and identified the watch—the prisoner was asked where he got it—he said he was down at Southampton at the latter end of April last, and met a pedlar, of whom he got the watch, in exchange for his own and two sovereigns—he said the pedlar
was a tall man, named Levis, well known in Southampton—he was given in charge—on 5th Dec. I got this other silver watch from Mr. Mitchell, and it was shown to Mr. Geyr—I have been to Southampton, and made every inquiry for Levis, but could not hear of any such person.
Cross-examined by MR. BALLANTINE. Q. Are you sure he said Levis? A. Yes, he spelt it to me—he handed me the drawer in which the watch was, and said, "Mr. Peak, you had better take it to the light and see what there is in it"—it was getting dusk—he was a messenger in the Post-office—he bad to be there at five in the morning, and to dispatch the mail when it was made up by other people—he also had to stamp letters, and make himself generally useful
GEORGE ADOLPHUS HYLAND . I am a messenger in the General Post-office. The prisoner was on duty on the evening of 6th April, obliterating postage stamps upon letters going by the mail that evening—a parcel addressed to Litham, posted soon after five o'clock at the General Office, might have come into his hands in the course of his duty.
Cross-examined. Q. You are not the head of that department? A. No; I did not notice that the prisoner was performing his duty that night—he is a very good officer—here is the book (produced) in which he has signed his name as having come on duty at five o'clock; it is his own writing—there were a good many persons employed that night.
Cross-examined. Q. Was he under any obligation to you? A. Not that I know of—I never saw him till I went to Bow-street.
ELIZA MITCHELL . I am the wife of the last witness. I was acquainted with the prisoner; on 20th April last, I walked part of the way home with him from the Post-office; before we parted he gave me a silver Geneva watch—I gave it to my husband.
HENRY GEYR re-examined. These are the watches that I enclosed—I took down the particulars of them; here are marks on them which correspond with two entries in this book, one when I bought them, and the other when I sold them—there is a different mark in every watch.
(William Woolley, wharf-manager, City-road Basin, gave the prisoner a good character.)
GUILTY . Aged 32.— Transported for Ten Years.
Before Mr. Baron Platt.
NOT GUILTY .
227. HENRY PARNELL and JAMES PRINCE , breaking and entering the dwelling-house of Charles Thomson and another, and stealing therein 1 fender, 2 coach-springs, a pair of pliers, and other articles, value 10l.; their property: to which
PARNELL pleaded GUILTY . Aged 17.— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
CHARLES THOMPSON . I am in partnership with William James Lewis, as pawnbrokers; we occupy a shop and two kitchens as a warehouse, at 24, Eyre-street-hill, and carry on our business at the bottom of the street. On 2nd Dec. we had fenders, vices, and other things there—on Wednesday the 4th, I found the kitchen broken open, and missed fenders, vices,
pliers, files, tools, stew-pans, shovels, screens, spoke-shaves, and coach springs, value about 10l.—I believe this fender to be mine, and it appears to have been laid by, I had such vices, spoke-shaves, screws, and fender, as these in pledge.
FREDERICK MATTHEWS . I am warehouse-boy to Messrs. Thompson tod Lewis. On 4th Dec, about half-past nine o'clock in the morning, I went to the kitchen where the pledges are kept—directly I put the key into the lock the staple dropped out; it had been forced, it was safe on the Monday between twelve and one o'clock—I misted some vices, and told Mr. Lewis.
CHARLES BERRY . I live at Payne's-court, Cold Bath-square. On 2nd Dec., about half-past six in the evening, I saw Parnell go into the passage of 24, Eyre-street-hill—I heard him knocking, looked down the area and saw him in the kitchen of Messrs. Thompson and Lewis with the door open and a candle in his hand—a boy was standing at the street-door, to whom Parnell handed some vices, and he handed them to Prince, who was at the other corner of the street, about four yards off, exactly opposite the house, he could see it—he took them home to his house, and also some fenders—they were about two hours doing it—they asked me to go with them to Prince's house—I went and saw Prince, Parnell, and the boy put the things in a cupboard under the stairs—Prince and Parnell both said they were going to pawn them in the morning—I said I would go and tell of it, and Prince knocked me about, and Parnell said he would run a knife in me—1 did not hear them say anything about money; they wanted me to come next morning; I bad no work and went—the prisoners each took a vice on his shoulder and went up Turn mill-street to a pawnbroker's, who would not take them in—they went to several pawnbrokers, and at last got rid of them.
Parnell. You went with me when I broke into the house, and you helped to carry the things to Prince's, and received 3s. of the money next day; you slept at Prince's that night. Witness. I left them at night—I had known them before by their coming to call me out—I met them on this day by accident—I did not go into the home—I touched none of the things, and had none of the money.
Prince. He slept at my house all night, and brought the coach-springs; he handed the things to Robert West, whom they could not catch. Witness. I did not touch any of them, I saw you come to the door and take them of Parnell—I have been in trouble, but only for breaking a window; I got seven days—I am a wood-chopper, and leave work at six at night—I get 5s. a week, and live with my father—I never went out when they called for me, my father would not let me—I never kept company with Parnell at all—I told my mother of this, and she was going to tell Mr. Thompson next morning.
JOHN ARCHER (policeman, G 217). On 4th Dec. I took Prince at his house, 1, Whitehorse-court, Clerkenwell—I found there a fender, four screws belonging to a pair of springs, and a small spoke-shave—I took Parnell that evening, and told him the charge—he said he knew he was in it, and there were more in it besides him, and he hoped I should apprehend them all, for they ought all to suffer alike—I got these three vices from the pawnbroker's—we found things broken up at different shops, where they had been sold.
Prince. They are what young Berry brought down; I did not know they were stolen.
Prince's Defence. They asked me to let the things stop at my place till morning; they slept there that night, and in the morning they asked me to pawn them; I only pawned one vice, the rest they took away.
(Prince received a good character.)
GUILTY . Aged 20.—Strongly recommended to mercy by the Jury.— Confined Twelve Months
NEW COURT.—Wednesday, December 18th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. RECORDER; and Mr. Ald.
Before Mr. Recorder, and the Fifth Jury.
SMITH pleaded GUILTY . Aged 34.— Confined Twelve Months.
GEORGE TREW (City policeman, 26). On Saturday evening, 30th Nov., I was with Funnell, about a quarter-past seven o'clock, in Bishopsgate-street Within—I found the prisoners near their masters' premises, Messrs. James and Sons, wine and spirit merchants, and dealers in ale and stout, 112, Bishopsgate-street, next the Flower-pot—Bowles had a flat basket, with a dozen bottles in it, on his arm; they appeared fall—Smith had this basket, which appeared to have something heavy in it—they went down the yard of the Bull Inn, and changed baskets—Smith took the basket that Bowles had, went into the bar, and came out without it—he spoke to Bowles, and I saw Bowles open this basket, and take from it this quart-bottle of stout, and give it to Smith, who concealed it under his jacket, and took it down-stairs into the kitchen of the Bull, that is under the coffee-room—I followed him, and took it from under his jacket—Bowles was still standing in the yard with this basket, not within hearing—I searched Smith, and found a pint-bottle of ale in his trowsers pocket—on the following morning I went to Smith's lodging—I found a quantity of bottles of a similar description.
EDWARD FUNNELL (City policeman, 32). I was with Trew on 30th Nov.—I saw Bowles carrying a basket, with what I believe to be a dozen bottles of stout—I saw Smith take that basket from Bowles in the Bull yard—he handed the basket he had to Bowles—Smith then took the basket with the twelve bottles into the house; he came out again without it, and spoke to Bowles, who was still in the yard—Bowles opened the
basket, and handed Smith this bottle—Smith went into the house, and Trew followed and took him—I took Bowles, and asked him what he had got in the basket—he said he did not know—at the station I found in the basket two pint-bottles and one quart-bottle of ale, rolled up in a towel.
JOHN JAMES . I am a wine-merchant, in partnership with my father and my brother, at 112, Bishopsgate-street Within. Smith was our head cellarman—Bowles was in our service, under Smith—it was his duty to obey Smith's orders as far as the cellar-work was concerned—if Smith told him to take out a dozen of port to a customer, it would be his duty to obey him—seven o'clock was their usual time to leave—the owner of the Bull Tavern is a customer of ours—we had an order on Saturday afternoon for some stout to be taken there, and this basket, containing one dozen of stout, was part of the order—I went to Smith's lodging on the Monday, and found a number of bottles—Bowles lodged with his father, at St. Mary's-hill—I had sold him a cask of ale on the Saturday night; the amount was 10s.—he paid me 5s. in part, and was to pay the rest on the following week—there was no time stipulated—he was taken by the police before taking the cask of ale home—he had been in my employ not quite three months—we wanted an extra hand, and Smith brought him.
Bowles's Defence. Smith was my foreman; he compelled me to go down the Bull-yard to receive my wages; he would not pay me in the counting-house; the lad can prove it.
MR. JAMES re-examined. It was Smith's duty to pay Bowles—I had given both their wages to Smith that Saturday—I believe it was two sovereigns and a shilling.
GEORGE JUDD . I am Mr. James's errand-boy. On 80th Nov. I heard Bowles ask Smith for his wages—Smith said he had not change, but he was going to the Bull-yard, and, if he went there, he would get change for a sovereign, and give it him—Bowles said he did not want to go; he had bought a firkin of ale of Mr. James, and he wanted to make haste home to take it to his father, and be could get change at the Flower-pot—Smith said he should not go there, as he was going to the Bull, and when he came back he would help him with his ale, as he was going that way for some corn for the horses.
BOWLES— NOT GUILTY
THOMAS SCHOFIELD . I am assistant to Andrew Bowring, a tailor and outfitter, of 11, Fenchurch-street. He has one partner—about six o'clock on 11th Dec. I was in the shop—there was a coat hanging in the door-way, strongly pinned on a brass bar—the prisoner put his hand inside, and snatched the coat from the bar—it was so pinned, that it could not slip off without it was done with force—he ran off; I followed him to Philpot-lane; he turned down there, and had got about ten yards, when I came up to him—a gentleman took hold of him before me, took the coat from him, and gave it to me—this is it; it is worth 18s.
GUILTY.** Aged 27.— Confined Four Months.
MARSHALL pleaded GUILTY . Aged 21.— Confined Three Month
GEORGE WOODNUTT . I keep the Old George, in Trinity-square, Tower-hill. On 4th Dec. the prisoners came in together, between four and five o'clock—Jackson called for a pint of porter; I served him—they went into the tap-room—I did not see whether they sat together—they staid about three-quarters of an hour—they went out not exactly together, but one followed the other almost directly—almost directly after they were gone, I missed a half-pint pot and a pint pot—the half-pint pot was tied by a string to a keg in the yard—the man had only come in with it just before the prisoners came—there is a necessary in my yard—there is a way from the tap-room to it, but there is no way out without coming back through the tap-room—here are the pots; they have my name on them, and this is the string that the half-pint pot was tied with—it has been cut—I believe this is the pot that was tied to the keg—it is exactly like it.
JOHN CAMPBELL . I am a mariner. I was at the Old George, and saw the prisoners in the tap-room, drinking together—I saw Jackson go three times out into the yard—when he came back the third time, he walked sideways from the bar, with something bulky under his smock-frock—he passed through the bar and through the tap-room—Marshall had left about five minutes before that—I followed Jackson out, and about three doors from the public-house I saw him go to Marshall—they had some conversation, which I did not hear, and then walked away—I followed them to the Tiger, told a policeman, and gave him a piece of string which I picked up in the yard at the Old George.
JAMBS THREADGOLD (City-policeman, 550). I took the prisoners, coming out of the Tiger—at the station I found on Marshall this pint-pot and this half-pint pot, beaten together as they are now—I received this piece of string from Campbell.
JACKSON— GUILTY . Aged 23— Confined Three Months.
MR. BIRNIE conducted the Prosecution.
JOHN TUCKER . I am a carrier, of Giltspur-street. On Saturday, 30th Nov., I believe the prisoner brought a couple of chests of tea to my place, but I did not see him—I went to the police-station, and saw him in custody, and a basket which I had seen in my premises about a quarter of an hour before the robbery—I suppose it had been there an hour and a half—it was directed to Mr. Bell, plumber, Leicester—when I saw it last, it was inside my premises, on the top of some packages—there is a gas-light inside the window, within four inches from where the basket was, and there is a street-lamp outside, four or five yards off—persons bringing in a parcel would pass by where this basket was—it was about a yard from the outside gate.
Cross-examined by MR. PAYNE. Q. Do you know the prisoner? A. I have seen him before coining to my place with goods—I know he
had been some time in the employ of Messrs. Coe's—persons bringing goods to the counter would have them booked and go out—the prisoner has borne a good character to my knowledge.
ELIZSABETH ANN TUCKER . I am daughter of the last witness; I act as clerk to him. On 30th Nov. I was in the office, and saw a person through the window—the basket was outside in the gateway—the man looked in, saw me, and went away—he came back again and took the basket—it was not the prisoner.
CHARLES MORGAN . I shall be fifteen years old next birthday; I work for Mr. Tucker. On 30th Not., I was in the yard, and in consequence of what I was told, I went out, and saw a man carrying a basket from our yard—I had not seen it in the yard—he put it into a covered cart, about a hundred yards from the yard—the name of Coe was on it—I stopped the horse; the prisoner was in the cart guiding it—the man who put the basket into the cart walked away down Skinner-street—I said to the prisoner, "What basket have you there?"—I went to the back of the cart, and be chucked it on my head, and drove on again, not very fast, on the trot—I stopped the horse a second time, and he got out, and threatened to srike me—I let him go till I saw a policeman, and gave him information—I saw the prisoner taken to the station—I bad not heard any cry after him.
Cross-examined. Q. This cart was open behind? A. Yes; the cart was higher than my head—the prisoner left his seat to put it out—he had sat in the front of the cart—there were other things in the cart—I left the basket for anybody to take up—somebody else took it to the station.
GEORGE PERRY (City-policeman, 249). On 30th Nov., about seven o'clock, I heard Morgan cry, "Stop him!"—he pointed to the prisoner in a cart, driving as fast as he could for the omnibuses—I stopped it—Morgan came up, and said he had received a parcel in the cart which another man put in, and he was going away with it—the prisoner heard that—I asked him if he knew the man that put it into the cart; he said he did not—he said he had thrown it out—I asked him what was the reason he was driving away if he had not received anything that did not belong to him—he gave me no answer—he had four other parcels in it—I asked him how he came to throw that parcel out instead of the other; she said it was the top parcel.
Cross-examined. Q. Have you given this conversation before? A. Yes; I put these questions to the prisoner going to the station, to see if I could find the other man.
Cross-examined. Q. You did not see the prisoner till he was in custody? A. No; I did not see him come to my office—two chests of tea were brought there; I did not see the prisoner bring them—he said at the station he had just been to my place with two chests of tea—my daughter was there, and signed his book.
Saturday—it contained fourteen hornbeam-dressers, used by plumbers, and twelve yards of inch and a half quilting, worth about 2l. 3s.—I tied this card on it, which is Mr. William Tylor's writing, "Mr. Bell, plumber, Leicester"—Mr. Tylor sent it to Mr. Tucker's booking-office by a person in our employ.
ELIZABETH ANN TUCKER re-examined. I remember two chests of tea being brought to the booking-office that night by the prisoner—I signed his paper, and took 4d. for them—I am sure he is the man; I saw him in the office about five minutes before the basket was missed—in coming into the office he would pass through the yard where this basket was—he brought the chests on his back.
NOT GUILTY .
THIRD COURT.—Wednesday, December 18th, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. CHALLIS; Mr. Ald. FINNIS;
and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
GUILTY . Aged 19.— Confined Three Months.
MR. PLATT conducted the Prosecution.
ROBERT STOREY . I live at 36, Gracechurch-street. In July last, I was living with Mr. Thomas Bosberry, a draper, of Regent-street. On a Saturday evening, at the latter end of July, the prisoner came to the shop and asked to look at hosiery of different descriptions which I showed her—she asked to be showed some black silk handkerchiefs, and I did so—I observed her looking round towards the door, and then saw her shuffling her dress on the right side—the parcel of silk handkerchiefs was then in front of her, near the edge of the counter—I removed them from her, went round the counter, and asked her if she had anything on her that did not belong to her—she expressed surprise that a person of her respectability should be charged with such a thing—I asked her to move from the counter a short distance, which she did, and I distinctly saw five handkerchief fall from the right side of her person on the floor—I picked them up—I showed them to her, and charged her with them—she said she knew nothing of it—Mr. Bosberry sent for an officer, and she was taken into custody—the handkerchiefs were his property, and worth 2l.—she had directed the things she had selected to be sent to the Hon. Spencer Cowper's, in Bruton-street, and she gave her own name, but I forget it—I went and inquired there, but did not take the goods—she was taken before the Magistrate—she appeared in a very bad state of health, and in consequence we withdrew the prosecution, but before that, when she was taken before Mr. Bingham, she said she was very sorry for what she had done.
Cross-examined by MR. ROBINSON. Q. Did she make that observation before the Magistrate? A. Not exactly—it was previous to entering the Court—the first time she was before the Magistrate she denied it—when I first saw the handkerchiefs they were being produced from her dress by a
movement of her hand—they were rising from the interior of her pocket, and then they fell—she had on a stuff dress and shawl—I stood within a yard of her till the policeman came—she was about a foot from the counter when they fell from her.
JOSEPH SMITH (policeman, C 48). I took the prisoner at Mr. Bosberry's, on 27th July, charged with stealing five silk handkerchiefs—she said she had not taken them—afterwards she said she had taken them, she was very sorry, she was in a state of distress—she gave her name Ann Taylor, York-street, York-road, Lambeth, and said she was needle woman to Lady Cowper, of Bruton-street.
WILLIAM SHEPHERD (policeman, C 544). I produce a certificate—(read—Central Criminal Court; Catherine Scantlin convicted on her own confession, Sept., 1849; confined one month)—I was present—the prisoner is the party mentioned.
GUILTY . Aged 36.— Confined Twelve Months.
(There were four other indictmnets against the prisoner.)
HENRY HEWETT (policeman, N 164). On 25th Nov., about half-past five o'clock in the evening, I was on duty in the Lower-road, Islington, and met the prisoners about thirty yards from Mr. Edwards' shop, coming towards it—as soon as they passed me, I turned and looked at them—I knew them before, and am sure they are the same persons—I afterwards received notice, and about two hours after I met Lidington in the Lower-road, went up to him, and said, "You are just the chap I want"—I told him it was on suspicion of stealing a copper, kettle from Mr. Edwards'—he said I know nothing about it—I produced a lid which I received from another constable.
EDWARD JEFFERY (policeman, N 259). I took Wells on 28th, in his father's Ragged Schoolroom, and told him the charge—he said be knew nothing about it—about two hours after I apprehended Moon, and told him what it was for: he said the same.
SUSANNAH FARNELL . I live at 32, Britannia row, Islington. On this Monday evening I was passing Mr. Edwards' shop about half-past five o'clock, and saw Wells take a kettle from the door—he ran round the corner, threw it into Lidington's arms, and they ran down Britannia-row—I do not know what became of the kettle; the lid flew into a shop, and I afterwards saw the policeman with it—there was another man, three or four yards off them.
THOMAS TRIBE . I live with my father and mother, at Islington—I was in Mr. Edwards's shop, and saw Moon and Wells going by together—I knew Moon before—I saw Wells take the kettle, Moon was about a yard off him.
GEORGE POPE . I am in Mr. Philemon Edwards's service, an ironmonger, in the Lower-road, Islington. On this Monday evening, about half-past five, I missed an old copper kettle from the shop-door, which I had seen safe half an hour before—this is the lid of it—it is Mr. Edwards's property.
from Clerkenwell—(read—Samuel Wells, convicted June, 1850; confined three months)—I was present—Wells is the person to whom it refers.
MOON— NOT GUILTY .
WELLS— GUILTY . Aged 20.— Confined Twelve Months.
LIDINGTON— GUILTY . Aged 19.— Confined Six Months.
235. HARRIET GLASSPOOL , stealing five yards of carpet, value 25s.; the goods of Henry Goodeve Bowra; and 1 ring, 1 collar, 1 scarf, 1 neck-handkerchief, and 1 handkerchief, value 20s.; the goods of Ann Bowra, her mistress.
HENRY GOODEVE BOWRA . I am a surgeon, at Charterhouse-square; the prisoner was my mother's servant, who resides with me. On 16th Nov. I missed a piece of carpet, which had been put away in the bedroom—I had not seen it since six months before—it was then on the stairs, and had been put away—I charged the prisoner with it—she denied all knowledge of it.
ANN BOWRA . I am a widow and live with the last witness, my son—the prisoner was my servant—I spoke to her about the carpet; she said nothing—a policeman was sent for, and her box was searched in her presence; it was not locked—I found in it a lace collar, a ticket for a ring in pawn, a pocket handkerchief, and a velvet tie, all my property—this ring and scarf(produced)are mine—the things were kept in my bed-room before I missed them.
Prisoner. Did you find the carpet in my possession? Witness. No, I have not seen it.
SARAH THOMPSON . I was in Mr. Bowra's service when the prisoner was there. On 25th Nov. the prisoner owed me 1d., and as she had money in her drawer I went to get it, and there found the carpeting rolled up in a towel—I had seen it six months before, up-stairs; it is my master's—I went again to the drawer in a quarter of an hour, and the carpet was gone—I told my master next morning.
GEORGE ALLEN (policeman, G 46). The prisoner was given into my charge—I searched her box, and found the duplicate and other articles—she said, "That is the duplicate of a ring I found; I did not pledge it myself"—she said she knew nothing of the carpet, and the other things were her mistress'.
JAMES HAINES . I am in the service of Mr. Russell, pawnbroker of Fore-street. I produce a ring, which I took in on 26th Oct.—I do not know who from—the duplicate produced is the one I gave to the person; it is in the name of Ann Glasspool.
Prisoner's Defence. My mistress kept me so short of victuals I was obliged to borrow some money of my sister to buy bread.
Mary Ann Glasspool, cousin to the prisoner; Mary Ann Glasspool, sister-in-law of the prisoner; and Ann Eddis, the wife of a painter, gave the prisoner a good character.
GUILTY of stealing the scarf. Aged 17.—Strongly recommended to mercy by the Jury and Prosecutor.— Judgment respited.
MR. GIFPARD conducted the Prosecution.
WILLIAM STEPHENS . I am clerk at the Waterworks, Westboorne-grove, in the parish of Paddington, and lived in the house there. On 30th Nov., about one o'clock in the morning, I spoke to the prisoner in the Edgware-road, and we went home to my house together, and staid there all night—we got up next morning, about a quarter to seven, and the prisoner left about seven—shortly after that I missed my watch, with a silk guard attached to it, which had hung in the room we slept in—I saw it there five or six minutes before she left—this(produced)is it—it is worth 6l.—I had given her 2s. 6d.
THOMAS HASELDINE (policeman, D 104). I took the prisoner on 7th Dec., at the Portman Arms—I said, "Your name is Jane Martin?"—she said, "No it is not, it is Lauderdale"—I told her I wanted her, on suspicion of stealing a watch at the West London Waterworks—she said, "If you go home you will find I have been at home three months"—I brought her out of the house, and she then said, "He should have paid me, and I should not have taken the watch"—I told her to be cautious, as I should have to tell the Magistrate what she said—she said she had pledged it at Mr. Boyce's for 30s., and had torn up the ticket—I took her to the station.
Prisoner's Defence. He had no money, and gave me the watch to pledge, and I was to meet him at a quarter to nine, in the Edgware-road and return it him; I went, and waited for him: he never came; when I heard I was going to be taken, I tore up the ticket; he has done this to get the watch back for nothing.
NOT GUILTY .
GUILTY . Aged 26.— Confined Twelve Months.
GUILTY . Aged 51.—She received a good character.— Confined Twelve Months.
GUILTY and received a good character. Aged 20.— Confined Twelve Months.
WILLIAM MOLSHER . I am a tailor, of Tothill-street, Westminster. On 3rd Dec, at nine o'clock in the evening, I met the prisoner and another man in Tothill-street, just coming from Mr. Hughes' door—the prisoner had this property under his coat, trying to conceal it, he could not, and attempted to pass it to his companion—I cried, "Stop him!"—he threw it down—I picked it up, and a constable met him and took him—I had not lost sight of him.
WILLIAM MILLERMAN (policeman, B 95). On the evening of 3rd Dec, a little before nine o'clock, I saw the prisoner and Buckley in the Broadway, and in Tothill-street, forty or fifty yards from Mr. Hughes's—I heard a cry of "Stop him!" and saw the two run—I saw the prisoner throw something away; I cannot say what it was—I pursued him and caught him; the other got away—I received the print from Molsher.
Prisoner. Q. Did you not take me on suspicion of picking a gentleman's pocket? A. I thought he had picked a pocket, because he had a handkerchief loose in his hand.
Prisoner's Defence. When he found he could not get the handkerchief against me, the gentleman brought up this print.
WILLIAM MILLERMAN re-examined. I produce a certificate of the prisoner's conviction—(read—Central Criminal Court, Oct. 1849, Joha Ingram convicted of breaking and entering a dwelling-house, confined one year)—I was present—the prisoner is the person—he had been out three weeks.
GUILTY .† Aged 21.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Four Months.
MR. PARNELL conducted the Prosecution.
EDMUND PUGH . I am in the employ of George Harker, merchant, of Upper Thames-street—the prisoner was a porter there, and had the care of the upper floor, where the pepper is kept in two bins. On 28th Nov. I went to one of the bins which he had charge of, and beside the bin I saw two bags; I did not open them—I went again on the Thursday afternoon, and one bag was gone—I went on the Friday morning, 29th, at half-past eight or nine, and there were two—I went again at twenty minutes past twelve, and the two were there still—at half-past twelve the prisoner came down to dinner—I then went up again, and there was only this one bag(produced)—I saw it opened at the Mansion-house—it contained pepper—the other bag was similar ta this, and about as full.
Cross-examined by MR. PAYNE. Q. Did the prisoner do extra work, mending sacks, and things of that sort? A. I cannot say—he has taken sacks home, and brought them back—I did not look into the bag till I was at the Mansion-house, but I could tell by the feel what was in it—a man called Old George had the control of this floor after the prisoner left,
but not while be was there, to my knowledge, I cannot say whether he had or not, but I went by the prisoner's instructions.
GEORGE HAMMOND . I am warehouseman to Mr. Harker. On 29th Nov. I saw two bags at the side of the pepper-bin, at twenty minutes past twelve o'clock; this produced is one of them—the pepper on that floor was under the prisoner's control—I saw the prisoner, about five minutes after, take up one bag, and put it into his hat—he put his hat on, and walked away—I was on a platform above him, where he could not see me.
Cross-examined. Q. You did not look into the bags? A. No—Old George weighed all the goods into that floor, and the prisoner weighed out, and had the control of the pepper on that floor, as he was the oldest servant, and was looked on by Mr. Harker as having the control of the pepper—he was not always there; he had duty in other parts.
GEORGE HARKER . The prisoner was my porter—the pepper was on the upper floor, which the prisoner had to keep clean—on 29th Nov., at seven o'clock, as the men were going away, I called them together—the prisoner was among them, and I asked him what he took away in his hat when he went to dinner—he said, "Nothing"—I told him one of the men had seen him put a bag into his hat, and take it away with him—he said he did take some pepper in his hat, in a bag—I asked what he had done with it; he said he had taken it to his lodgings, and I should find it in a bag, in a drawer, in his bedroom—I went with a policeman to his lodgings, I think, in Seward-street, Goswell-street, and in the drawers found the bag containing 3lbs. of pepper, and another in the same drawer containing 61bs. or 71bs.(produced)—one of these is marked "F," similar to the one before produced, and the pepper is similar to that which was in my bin—the prisoner had no right to take pepper from my ware-house—I have a person named Berbier in my employ—an attorney appeared for the prisoner, before the Magistrate, and Mr. Berbier was asked for.
Cross-examined. Q. You were not examined before the Magistrate? A. No, nor Mr. Berbier—he paid the prisoner's wages—if he did overwork, he would have to pay him for it—I do not know of his being paid it any time partly in goods—he has been twelve months in my employ.
Cross-examined. Q. Did you try if the bag which is said to have been taken at half-past twelve o'clock, would go into his hat? A. It will go into some of the witness's hats, and the hats go on their heads comfortably—it will not go into mine.
Cross-examined. Q. Do you mean to swear he never had pepper in payment for overwork which he did? A. I do; he did overwork, sometimes he was paid in cash, and once he had goods to the amount—I swear it was not more than once—I owe him 6s. 9d. now, for mending bags, overwork—on 25th Nov. he had a quarter of a cwt. of meal, and a bag worth 6d., which he applied to me for, and it was weighed out in the
presence of all the men—I will not swear he did not have some white pepper in May; I believe he, did not—he has had starch; I 1cannot say whether he has had black lead.
MR. PARNELL. Q. On those occasions did he mention it to you, and have it in the presence of the other men? A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 40.—
Recommended to mercy by the Jury.— Confined Four Months
(There was another indictment against the prisoner.)
OLD COURT.—Thursday, December 19th, 1850.
PRESENT—Mr. Justice WIGHTMAN; Mr. Baron PLATT; Mr. Ald.
GIBBS; Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNEY, Esq.
Before Mr. Justice Wightman and the Second Jury.
MR. WOOLLETT conducted the Prosecution.
GEORGE JOHN BOOTY . I am clerk to Mr. Francis Edward Scott, wine-merchant, of 22, St. Swithin's-lane. On 22nd Aug. this order was brought to me, not by the prisoner—the wine was delivered next day to another man named Cornell, who is now in prison under the name of Smith—the wine was worth 17l. or 18l.—Mr. Verrey has been a customer of ours.
CHARLES VERREY . I am a wine-merchant, and live 229, Regent-street. The prisoner was in my employment three years—he left in 1844—this order is not my writing, nor was it written by my authority—I have seen the prisoner write several times; to the best of my belief this order is his writing.
Cross-examined by MR. HORRY. Q. In what capacity was he in your service? A. As clerk; he was my only clerk at that time—I believe I have had three since—I have never seen his writing since be left me—I saw him write a great many times—I first saw this order yesterday before the Grand Jury—I was not at the Mansion-house; my brother was—I cannot point out any particular part of this as being like the prisoner's writing, it is the general character I speak to—the signature is very like mine.
LOUIS VERREY . I am a wine-merchant, at 229, Regent-street; I am not in partnership with my brother—I knew the prisoner; I was in my brother's employment at the same time—I have on many occasions seen him write—to the best of my belief this order is his writing.
Cross-examined. Q. What did you do for your brother? A. Assisted him in the business—I saw this order before I went to the Mansion-house—I have not seen the prisoner for the last six years—this writing is quite similar to some of the prisoner's which we have in the books—I know the general character of his hand-writing.
PHILIP NIND . I keep the Sabloniere Hotel, in Leicester-square. I know the prisoner—he was in the employ of myself and late partner, nine years since—he was there I think three years altogether, but only four or five months after I joined the business—he was employed as a writing clerk—I had opportunities of seeing him write several times a day—I believe this order is the prisoner's writing.
Cross-examined. Q. I dare say you have seen many hand-writings like that? A. I have never had a clerk since who wrote so well—there is a general character in this that I recognise as his.
GEORGE RUSSELL (City-policeman, 34). On Monday, 9th Dec, I went to 2, Norwich-court, Testar-lane, and took the prisoner into custody—it was his mother's lodging—I told him it was for forging several wine-orders—he said, "I know nothing about any wine orders, though I have lived at both the places"—he did not say what places—I had not mentioned any places to him—I said, "You have been accused of this before?"—he said, "I have, but I know nothing about any wine orders"—I then searched a box, and found these two letters—I said, "Whose hand-writing are these in?"—his mother answered, "They are in my hand-writing"—I asked her to sign them, as I was going to take them away—she said, I am so agitated that I cannot do it.
Cross-examined. Q. There had been a good deal said about this before that, bad there not? A. Yes; these letters are applications for certain purposes—(order read—"Thursday, Aug. 22, 1850. Sir, please to let the bearer have six dozen cases of champagne rhenish in bottles, which is for a very pressing order I have just received from the country, and you will oblige Yours, Charles Verrey.")
NOT GUILTY .
244. THOMAS COSTELLO was again indicted for forging and uttering a request for the delivery of 6 dozen bottles of champagne; with intent to defraud Samuel Hulme Day: Other COUNTS, with intent to defraud Philip Nind.
MR. WOOLLETT conducted the Prosecution.
SAMUEL HULME DAY . I am a wine-merchant, of 21, Pudding-lane. I produce an order for the delivery of six dozen of champagne—it was brought to me on Tuesday, 10th Sept., by a man named Cornell or Smith; another person named Savage was with him—I delivered to Cornell one case containing three dozen of wine—the order is for six dozen—I did this merely to catch the prisoner—I was perfectly aware that it was a forgery—the value of the wine is about 9l.—I am agent for Mr. Jacquenot—he consigns wine to me—I have an interest in the sale, and am responsible for the wines.
PHILIP NIND . This order is not my writing, nor was it written by my authority—it is my strong belief it is in the prisoner's writing—mine being a French house, he had the opportunity of learning the kind of French that is used there, which is very imperfect—(The witness translated the order as follows—"Sir, Will you have the kindness to give to the bearer of this note a case of champagne to contain six dozen of bottles, first quality, pale. I remain, your servant, Philip Kind, Hotel d' Sabliondre, 30, Leicester-square, for Messrs. Jacquenot and Co.")—this is not correctly expressed in French.
Cross-examined by MR. HORRY. Q. I asked you some questions in the last case, I suppose you say the same of the writing now as then? A. Yes.
Cross-examined. Q. I suppose you would give me the same answers as to his writing as you did in the last case? A. To the best of my belief this is the same writing as the other.
GEORGE HYDE (City-policeman, 516). From information I received I went on 10th Sept., between three and four in the afternoon, to Pudding, lane, and went past Mr. Day's house—I saw a truck there, and also saw Smith and Savage there—I went to the bottom of Pudding-lane and saw the prisoner just at the bottom of the lane, looking up the lane towards the truck; he was about twenty or thirty yards from Smith and Savage—I saw a case of wine put into the truck, and Smith and Savage went away with it to the top of Pudding-lane, where it was blocked in with a horse and cart—as soon as it went away the prisoner and another man who was with him went away towards London-bridge—the truck was detained some time in Pudding-lane, and during that time the man who was with the prisoner came up Fish-street-hill and went into Pudding-lane, and spoke to Smith and Savage, who were with the truck—he afterwards turned back and went down Fish-stret-hill, towards London-bridge again; in the same direction the prisoner went, the truck went over London-bridge exactly in the same direction as the prisoner went—I took Smith and Savage into custody—the prisoner I could not see on London-bridge.
MARY ANN SAVAGE . I am a widow, living at New Church-court, Strand. I know the prisoner by his coming with-Cornell of an afternoon to call on my son, Charles Savage—I think I have seen him once or twice in a week—I cannot tell for what period; perhaps for two or three months before my son was taken into custody—he was convicted here of uttering.
GUILTY . Aged 27.— Confined Eighteen Months.
(There were six other indictments of a similar nature against the prisoner.)
Before Mr. Baron Platt.
MR. PARRY conducted the Prosecution.
SAMUEL STOCKINGS . I am a bedstead-maker, and live at 2, Pedley-street, Bethnal-green. I knew George Smith, the deceased, he kept a beer-shop at the corner of Pedley-street, on Fleet-street-hill. On the evening of the 21st Oct. I was going home, and passing Mr. Smith's beer-shop I saw him at his own door—I know the prisoner; he is a beer-shop keeper directly opposite Smith's—Wells was with Smith, and Mrs. Smith was standing at her door—Smith said he wanted to know what became of the money that they had from the "lead"—I do not know what a "lead" is—he said that to Cousins—Cousins said, "I will let you know what becomes of the money;" and he up with his fist and struck him—young Cousins crossed over with his father—it was the prisoner who struck Smith—they had a very few words before the blow was struck—they had a few words after that concerning this lead money, and Mr. Cousins there and then butted him on the left-side, and parties that stood by said, "Cowardly, cowardly that!"—Cousens was close to him at the time he butted him—his head touched his body as soon as he leant it down—there were other persons round; no one that I knew—when there was a cry of "Cowardly!" Cousins said it was a mistake, his foot slipped—Smith made no answer—that was all I observed—the deceased went in-doors after that, and I went home—I was standing close to Mr. Smith's door at the time this took place: I live next door to him.
Cross-examined by MR. CLARKSON. Q. There were a great many persons there were there not? A. Very few; I do not suppose above eight or ten—I saw two police-officers there—I believe a lead is a turn given to the publican—I believe there had been a lead at Mr. Cousins' that night—Wells was standing with Smith at the time I had this conversation, also Mrs. Smith and the prisoner, there was no one else that I knew; there were persons round—I was coming along as it began—1 think Smith's observation was, "I wonder what becomes of the money that is got at the leads"—I did not bear him add, "I think I have as good a right to a lead as Cousins" he was complaining that Cousins had had a lead and he had not—that observation was made to Cousins—I cannot say whether Cousins said, "It is a pity you are so short tempered"—I did not understand the words between them—I did not hear Smith say, "I want nothing with you,Jem Cousins, you are a b—informer"—I cannot swear it did not pass—it might have passed without my hearing it—I did not see Smith lift up his fist to Cousins's face at the time Cousins put down his head—I was there when the police came, and they said, "Go away; go away," and they all went away—I did not see Cousins butt Smith more than once—I was present at the whole transaction—he might have butted him a second time without my seeing it—I was standing a very little distance off—I was present at the inquest—the Jury did not, to my knowledge, adjourn to Mrs. Smith's beer-shop, or have any refreshment there—I went there and had a glass of ale, which I paid for—I think I saw Smith the next day after this occurred—he called at my door as he was going by for his pots—I also saw him go by on Tuesday or Wednesday—I did not see him on Thursday or Friday; I did on Saturday at his own house, sitting in his bedroom by the fire-side; he was not able to come down—I saw him again on the Sunday in his bedroom—on the Sunday following I saw him again—I had known him about two years—I know nothing about his having any fit—he was a stout man—I never saw him out of temper.
COURT. Q. At the time you say the prisoner butted Smith, had any one hold of Smith? A. I did not see it; I think I should have seen it if they had; I was close enough to see—I do not think there were above one or two persons standing between us—it is possible that some one might have had hold of Smith and I not see it; I might have turned round to talk to some one—I did not see any one have hold of him.
EDWARD WELLS . I am an engine-driver, and live at 10, Silver-street, Stepney-green. On Monday evening, 21st Oct., I was at Mr. Smith's beer-shop, from seven or eight o'clock till about twelve—Mr. Smith was serving and attending there—about a quarter or twenty minutes past twelve he and I went out, and went to the Seven Stars public-house, and had half a gill of gin between us; and on our return home we met with Stockings, and he asked Smith where all the money went to of the friendly; leads; to which Smith replied, "I should like to know"—the prisoner, who was standing at his own door at the time, came into the middle of the road, and said, if Mr. Smith wished for any information he had better go to the secretary and see—Smith turned round, and said, "I am not addressing myself to you, Sir"—then the prisoner, with his son-in-law, came over to Smith's door, and while I was standing there I received a blow in the face from the son-in-law, who instantly made off—with that the prisoner's son took Smith by the neckcloth, and pinned him against
the wall of his own house—directly after that the prisoner went at Smith, head-foremost, and butted him twice in the left side, while he was held by the prisoner's son—the second time he butted him he said his foot slipped—Smith said, "Your foot could not have slipped the second time, if it did the first"—I then released the deceased from the son's hold, and one of the constables, who was standing by, threatened to take me into custody for interfering—the constables must have seen Cousins butt Smith as I have described—there were two policemen there, one on each side of the deceased—I did not strike the prisoner's son; I only dragged him off—I then went in to Smith's, and he came in a few minutes after—no complaint was made that night—Mrs. Smith was standing by at the time—there might be eight persons there altogether.
Cross-examined. Q. I believe you are paying your addresses to Smith's daughter, are you not? A. That is my business—I did nothing more than release the deceased from the prisoner's son—I was rather endeavouring to make peace—I had not my coat off, I swear that—I had not offered to fight—I had had three or four pints of beer during the evening, not all to myself; I asked several friends to drink, and Mr. Smith also occasionally—I am quite sure it was Stockings who said, "I wonder what becomes of the money for these leads?"—it was not Smith that said that to Stockings—nobody was called a b—informer that evening in my hearing—Stockings was nearer to me than Smith—he must have seen the butting as well as me—I did not hear the police desire Smith to go in; he came in a few minutes after me—I left him outside, talking to the persons round—the butting took place while the prisoner's son had him by the neckcloth against the wall—it was two distinct butts—I did not hear the persons round cry out anything—I must have heard it if they had—when Mr. Smith came in he did not complain at all of being hurt; he did not appear to be in any pain—this seemed to me like a general affray—I cannot say how many persons were engaged in it—there was nothing to provoke it, except what Stockings said—Smith had no license to sell spirits—I had been with him for four or five hours that evening—he drank with me occasionally—there were several engineers of the Eastern Counties Railway there—we were all drinking together—only I and Mr. Smith went to the Seven Stars—I have not said that we had two glasses of gin a piece there—I did not hear young Cousins say, "You shan't strike my father"—I used frequently to go to Mr. Smith's—I did not see him again till the following Saturday—I then saw him at his own house, in the bar—it was between nine and ten at night—he was attending to his business and serving, and frequently in the tap-room—I did not consider myself at all overtaken with drink on this night, nor did Smith consider me so—he saw me home as far as the Whitechapel-road, after this affray, between twelve and one o'clock, to protect me—during our walk he made no complaint of any injury or pain; nor did he complain on the Saturday after—he appeared to me quite well, as well as usual—I saw him again on Sunday, the 27th, and had tea with them—I cannot recollect whether there were any customers there—Smith was in and out of the bar-parlour—I stayed there till twelve o'clock—he did not complain of any pain or injury then; he seemed as well as he was before; he went about his business as usual—on the night of the affray, after Mr. Smith came in, Stockings came into the house, and sat down for a short time—I
do not think I saw Smith after Sunday, the 27th, till he was on his sick-bed—he took to his bed on Thursday, 31st Oct., and I saw him on Sunday, 3rd Nov.
MR. PARRY. Q. What do you mean by Smith's going with you to protect you; to protect you against what? A. Against the insults I had been receiving during the evening, not because I was tipsy.
MARY ANN SMITH . I am the widow of the deceased; his name was George Smith, he would have been forty-six years of age on boxing-day—he had lived in the neighbourhood nearly five years—on Saturday night, 2lst Oct., about twelve o'clock, I was standing at my door, and saw my husband and Wells returning from the Seven Stars—I saw Stockings—I heard my husband say, "I should like to know what becomes of the lead-money?" and Stockings said, "So should I"—the prisoner was then standing at his own door, right opposite ours; he heard what was said, and replied, "If you want to know anything about the lead-money, you had better go to Mr. Price, the secretary, and he will give you every information that is required;" he came across the road with his son, when he said that; and Mr. Smith said, "I am not addressing myself to you, Sir"—Cousins's son-in-law then came across the road, and struck Wells, and Mr. Smith said, that was a cowardly action—he ran away again the moment he struck him—Cousins's son then took Mr. Smith by the necktie, and held him against the wall while his father struck him in the face with his hand—I could not tell whether his hand was clenched or open; and he then goes into the road, and butts him with his head in his left side—he went a very short distance into the road, not above a yard; I was close by the side of my husband at the time—he butted him twice—I should say the second butting was about three minutes after the first, while the altercation was taking place—Mr. Smith asked the son if he would leave go of his necktie; he said he would not, and Mr. Smith wrung his nose, and then the prisoner goes into the road and butts him a second time, and he said "Oh!"he went about the same distance into the road the second time—I said it was a cowardly action, and the prisoner said, "My foot slipped"—Mr. Smith said, "If your foot slipped the first time, it could not the second"—the party was then separated—Cousins took his son home, and my husband came into the house—there were no more blows struck after the second butting—up to this time my husband had been in very good health—he had a fit three years and a half ago, and he had one fourteen months ago—I do not know the nature of the fits—Mr. Graves did not attend him then, he was not bled for it—after the 21st Oct. he very seldom attended to his business—he complained to me next morning, the 22nd, about eight, of violent sickness and pain in his side—he was up then—he took to his bed on 31st Oct.; Mr. Graves attended him on that day—my husband had complained to me several times besides on that morning—he never got better after the 22nd; he died on 19th Nov.
Cross-examined. Q. Did your husband walk on 31st Oct. to Tower-hill to see Mr. Graves? A. He did—he was of a full habit—he was in the habit of drinking very trifling: he could take a little, the same as other people; I never saw him intoxicated—Dr. Cowell attended him before Mr. Graves—I have not, that I recollect, prayed of him to caution him against his habits of drinking—I will swear that no such thing was ever
mentioned to Dr. Cowell: I do not remember saying so; I might have done so, I should not like to tell a lie—I never heard him say that if he did not desist from drinking he would die suddenly—I should be sorry to swear it did not happen, but I do not remember it—he did not drink to excess, he might get tipsy now and then, like other people—he did not fall down tipsy and break his ribs three years and a half ago: he dislocated his ribs while he was serving in the bar—I cannot say when the Coroner's Inquest was summoned, he was going to be buried next day—some of my friends sent to the beadle, not by my direction—I think the body was kept eight days in consequence—Mr. Graves had not recommended an inquest—he asked if I wished to have him opened, and I said "No;" I should consult my friends—I had mentioned in the neighbourhood that my husband never was well after he got butted; I said that before my husband was buried—I was told by several persons that Mr. Cousins intended to bring an action against me for defamation of character—I did not upon that say, "Well, if that is the case, then I shall be first;" I said nothing of the kind—I believe my friends went to the beadle the day after I heard of this—the police were present from the commencement of this disturbance, one stood on one side, and one on the other.
MR. PARRY. Q. Did you tell Mr. Graves about this butting? A. I did, and he said he fancied he must have been bruised inwardly—he was not a man of drunken habits; he could take a little, but always knew what he was about.
JAMES HENRY LAYEL . I knew the deceased—he was a member of the United Friends' Benefit Club—(I am a member)—on 23rd Nov., 1847, he received money from the Sick Club for one week and four days—he received no more till 4th Nov. last—I saw him on 24th Oct.—he looked pale and ill, and complained—he appeared a different man to what he was when I saw him on the 14th—I saw him again on the 28th—he was then very bad, but still about—on the 14th I and my brother-in-law, Mr. Fry, walked with the deceased from my house to Stratford, four miles and a half or five miles—we walked about ten miles altogether—he played at skittles with us, and appeared in robust health, and ate a hearty meal of rump-steaks—I recollect the day, because I went to Stratford to see a horse I had there.
Cross-examined. Q. Who was it went to the beadle about this? A. A gentleman named Tilman—I did not Fend him, he went of his own accord—I have not said there never would have been an inquisition if it had not been for Smith's threats—Mrs. Smith said she could not bear the idea of any more trouble, or of her husband's body being opened; she would like him to be buried peaceably and quietly—I said we did not wish to hurt her feelings; if it was her wish, we would let it remain so—that was three or four days after he died—afterwards, on that night, she had heard that Cousins had threatened to enter an action against her as soon as her husband was buried, for defamation of character; and she said there would be no inquest, but for the threat of Cousins—I heard her say it.
WILLIAM FRY . I knew the deceased between four and five years—on 14th Oct. I went out with him and Layel—we walked eight or ten miles, and had a game at skittles—the deceased appeared hearty, cheerful, and comfortable—I saw him again on 28th Oct.—his features then seemed altered—I visited him on his sick-bed.
Cross-examined. Q. He was given to take a little drink? A. Occasionally—I never saw him tipsy—I remember the 28th, because it was the night of the supper at the Turk's Head, by the Royal United Friends.
CHARLES JAMES PRICE . I am secretary to this Benefit Society. George Smith was a member—I produce the book—on 23rd Dec., 1847, he received relief from the society—he received none since, until this time.
Cross-examined. Q. Was the prisoner a member? A. No; I have known him since 1840—I know nothing against his character for humanity and peaceableness of disposition—I lived within one-third of a mile of him, and saw him every week.
JAMES LEWIS . I knew the deceased upwards of ten years—he was not given to drink—I have been in his company a great deal, and never saw him the worse for liquor—he was in good health up to 21st Oct.—I have walked upwards of twenty miles with him on several occasions, and he has come home quite fresh and well, not the least fatigued—he was a strong, healthy man, of a good constitution—I called on him on 25th Oct., and saw a very great difference in him—he was sitting by the fire with some linseed-tea, and appeared very bad—I saw him in bed about three days before his death, but he was too ill to converse with me.
Cross-examined. Q. You were not before the Coroner, Magistrate, or Grand Jury? A. I was present before the Coroner, but was not called.
WILLIAM HENRY GRAVES . I am a member of the College of Surgeons, and have been in practice twenty-five years. I saw the deceased on 31st Oct.—he complained of pain in the left side of his chest—I examined him—he was suffering from inflammatory action of the chest—I wished him to be bled; he objected—I proposed leeches, but he wished to try medicine first—I gave him some, and cautioned him to come to me if he was not better—on 3rd Nov. I was called to him about four o'clock in the morning—he complained of the same pain in an aggravated degree—his breathing was very difficult indeed, he was unable to lie down in bed—I bled him freely, which very much relieved him for the time, and applied a blister to his side—he was much better next day—I attended him every day—he had a relapse, and was cupped in the side on 5th Nov.; but the vital powers were going then—I was not present at his death—I did not suggest that his body should be opened—I made the post mortem examination—death was caused by extensive inflammation of the pleura—a large effusion of water and matter had taken place, three pints and a half or four pints, which occupied the whole cavity of the left side as much as could be, the lung being compressed and displaced by it—that effusion might have been produced by a man butting against his left side with his bead, on 21st Oct.—if he had submitted to be bled, when I first saw him, he would have had a rather better chance, but I think it would have been too late.
Cross-examined. Q. Inflammation of the pleura may proceed from a thousand other causes than external violence? A. From other causes—his constitution did not appear to be injured by intemperance—there was functional derangement of the stomach and digestive organs, when I first saw him—I then thought that phlebotomy would do much for him, but I do not now—he was a strong hale man of about forty-six—catching cold in a man who had had two fits in two and a half, or three years, in one of
which he had broken or dislocated his ribs, would predispose him to inflammation, which if not timely attended to, and the suggestions of the medical man complied with, might end in death—the main cause of pleurisy is cold, it often produces death—he was a moderately full subject; not of a plethoric habit, but one upon which inflammation would take hold readily enough—there was no inflammation of the right lung—its being confined to the left, indicated mechanical violence—inflammation from violence it limited to the part injured, but it is not usually so when it arises from cold—if the death was caused by inflammation arising from cold, I should have expected to have seen both lungs inflamed.
COURT. Q. Was it an inflammation of the lungs, or of the pleura? A. Of the pleura, and a small portion of the left lung—when the left side of the thorax is inflamed from cold, I should as a general rule expect the right side to be inflamed—if it arose from a draught, it would be more strongly developed on one side than the other—it might reach the other side in four or five days, but that would not be the case from a blow, it would cause mischief in the part where it was directed to—I do not mean to say that pleurisy on the left side could not happen without the right being affected; not even from cold—where the inflammation is very acute and virulent it will extend to the other side—the deceased had suffered from inflammation of the right lung at some distant period—it was carnified, and had adhered to the chest, but it performed its functions—he depended entirely on that lung, while the inflammation was going on on the left side of his chest—the left lung ceased to be useful perhaps the day previous to his death—it had gradually been approaching that state for several days—I cannot tell when the effusion began, but when it did it encroached upon the lung—inflammation might be caused by a blow, without any extravasation under the skin—I think there ought to have been some external mark of the blow in the early days, but I did not strip him; I felt his chest and ribs to ascertain whether there was any fracture, but found none—I did not lift his shirt—that was so long after the 21st Oct., that any external mark might have disappeared—it must have been a very violent blow—the room was dark when I examined him, and I did not particularly look for an injury—I went to treat him for acute symptoms under which he was suffering—inflammation might exist from a fortnight to a month without such an effusion of matter as I saw; I cannot say as to two months; inflammation sometimes proceeds very slowly—I cannot judge accurately—it depends on the temperament and habit of body—a man who lives incautiously is more liable to inflammation—I found all the organs of the abdomen healthy; I did not examine the head; I should have done so if he had died from a fit, but I considered I had found the cause of death, and went no further—that was my nephew's opinion also—besides cold, pleurisy may arise from intemperance, or inhaling bad air.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy by the Prosecutor.— Confined Three Months.
Before Mr. Justice Wightman, and the Fourth Jury.
MR. METCALFE conducted the Prosecution.
CHRISTOPHER THOMAS GREEN . I am an oil and colourman, at 39, Collett-place, Commercial-road. On 23rd Nov., the prisoner brought me this note—(read—"Mr. Green, be so good as to lend Mr. Choat 22s. to pay the expense of the cart breaking down.—Henry White.")—I knew Mr. Choat's name as a customer of mine, but I cannot say that I ever saw him—I knew White, and gave the prisoner the 22s.
Prisoner. I never saw him till he gave me into custody. Witness. I am quite certain he is the man—I cannot say that I had ever seen him before, but I knew him again directly I saw him—it was between eleven and twelve o'clock in the day that he came—I think he had on a smock frock, and a cap—I do not think there was any one in the shop but me—I was busy when he came—he was not there more than two or three minutes—I did not at first tell the Magistrate that this happened on a Thursday, and then correct myself and say Saturday; I will not swear I did not, I do not recollect anything of the sort.
MR. METCALFE. Q. When did you see the prisoner again? A. On the following Saturday—I am confident he is the roan.
HENRY WHITE . I am carman to Mr. Choat, of Barking. I know the prisoner well—he knew that I was in Mr. Choat's service—he lives somewhere in London, but I cannot say where—this paper is not my writing—I never gave any one authority to write it.
Prisoner. Q. How long have you known me? A. Between six and seven years—you have helped me to load carts and wagons at different times when I have been at market—when you have been out of the way I have employed different people—on 23rd Nov. I came to Whitechapel market with straw—I did not see you that day—some days afterwards when I came up, you told me that you had been loading Mr. Long's scum cart from Kent on 23rd, and that when you came to the market I had gone on to the Borough, and you then went to load a cart in Bishopsgate-street—you accounted to me for your time on the 23rd in that way—when you told me this I had heard that somebody had been to Mr. Green's, and got this 22s.—I told you I had suspicion.
MR. METCALFE. Q. Did one of Mr. Choat's carts break down on 23rd? A. No; nor since I have been in his employ.
STEPHEN STEWART (policeman, K 420). I took the prisoner into custody on 4th Dec.—I told him I wanted him to come with me—he asked what for—I said, "For obtaining money from this gentleman, under false pretences"—Mr. Green was with me—the prisoner said, "I have obtained no money, neither do I know that gentleman, for I have never seen him before"—Mr. Green had pointed the prisoner out to me as he was loading a wagon with dung for White in King-street, Poplar.
(The prisoner in his defence asserted his innocence and accounted for his time on 23rd Nov. as in his examination of White.)
NOT GUILTY .
NEW COURT.—Thursday, December 19th, 1850.
PRESENT—Mr. Ald. COPELAND; Mr. RECORDER; Mr. Ald. WILLIAM
HUNTER; and Mr. Ald. FINNIS.
Before Mr. Recorder, and the Fourth Jury.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
GEORGE AUGUSTUS HATCHETT . I am in partnership with Mr. Blake, as brewers, at Baker-street, Enfield—there is an entrance-gate in Baker-street, and it was possible for a person acquainted with the premises to enter them from a field at the back—there is a counting-house in the yard with a large counting-house desk in it, with a lock and key, in which was kept a cash-box and some papers and memorandums—on Sunday, about four o'clock or half-past four I went to the desk and locked the cash-box, which contained four 5l. notes, thirty-five sovereigns, and some silver, up in the desk, locked the counting-house door and took the key with me—about ten at night I went to the counting-house again, and found the door and the desk broken open and the box and money gone—I had placed the notes there on Friday, Nov. 1—I had received them from Mr. Finch, Jun.—there were marks on the door and desk—the prisoner had been in my employ as groom for two years and six months; he left on 17th Aug.—I had occasionally paid him his wages in the counting-house, and taken the money out of the cash-box in that desk.
Cross-examined by MR. BALLANTINE. Q. I believe he gave you notice to quit? A. Yes; I considered it was in the heat of passion—he said he could get his bread any day, and I told him he had better leave me—he lived 300 yards from me at the utmost—I believe it is his house, and that his mother lives there—he has a wife and I believe two children—his wife washed at my house up to the time of the robbery, but does not now—the front of my house abuts on the road and the back on a field, which has a footpath across it, about 200 yards from my house—I returned from chapel about eight o'clock; the robbery may have happened after that—a night watchman comes to the brewery at seven, he goes close to the counting-house, but the place is very extensive—I saw him close to the place at ten, but not in the early part of the evening—he is not here—he did not communicate anything about the robbery; I found it out myself—the door from the counting-house to the yard was half-open; the watchman was fifteen or twenty yards from it; I got there before him; any person going by could see it if he had a light with him.
HOLMSBY HILL . I am a cashier of the Drawing-office in the Bank of England. I cashed this check for 200l. for Mr. Bentley—I paid 100 sovereigns and twenty 5l. notes, Nos. 88707 to 88726 inclusive, dated 2nd Aug., 1850—these two notes, 88722 and 88723 are two of them—these have been since paid into the Bank.
JAMES BENTLEY . I am treasurer of St. Bartholomew's Hospital; I reside at Cheshunt. On 28th Sept. 1 gave my bailiff, Robert Finch, four 5l. notes—I cannot swear that they were the notes I received from the Bank, but I believe they were; I did not take the numbers—on 21st Oct. I gave him seven 5l. notes, which formed part of the notes I received for the check on 25th Sept.; I did not take the numbers—I cannot state positively that I gave them consecutively; they were crumpled up—I should take them from the top or the bottom—I gave them as I received them.
the same order—I afterwards gave two of them to my son—I examined the number of the notes that remained in the drawer; they were all following numbers—I paid the rest away.
MR. BALLANTINE objected to evidence of the numbers being given, unless the notes were produced. MR. DAWSON contended that there was no authority to support the objection. The RECORDER having consulted MR. JUSTICE WIGHTMAN and MR. BARON PLATT, decided that the notes ought to be produced before evidence respecting them could be admitted.
HENRY BAYFIELD . I am a clerk, in the Bank of England. In the month of Nov. I received a packet of Bank of England notes from Messrs. Glyn, amounting to 2200l.; this note, 88722, Aug. 2nd, 1850, was one of them—on 15th Nov. this note, 88723, was paid in by the Commercial Bank.
GEORGE HILL . I am one of the firm of Hill and Sons, bankers, Smithfield. About 11th Nov. I received this 5l.-note, 88722, from Mr. Vardy, butcher, of Somers'-town—on 12th Nov. we made up a parcel of 2,200l., and sent it into Glyu's; in the course of business that note would go with the parcel.
Cross-examined. Q. How do you know it? A. By "Vardy" being on it, in my writing—I cannot swear I did not take it on 3rd Aug.—we send our notes in twice a week, on Mondays and Fridays, and I assume we sent this in.
WILLIAM VARDY . I am a butcher, of Brewer-street, Somers'-town. On 9th Nov. I received a 5l.-note from Mr. Howland—I took it to Messrs. Hill's on the following Monday—one of the clerks wrote my name on it—this note 88722 is it.
Cross-examined. Q. The clerk always wrote your name on notes? A. Yes—I cannot tell that it might not have been paid in at any time after August.
MR. BODKIN. Q. Did you receive only one 5l.-note of Mr. Howland? A. Yes; I am sure I paid that note into Hill's, and distinctly remember seeing the clerk write "Vardy" on it.
THOMAS CLARIDGE HOWLAND . I am a licensed victualler, of 24, Brewer-street, Somers'-town. I received a 5l.-note from Mrs. Edmunds' servant, about 9th Nov.—I saw Mrs. Edmunds' name put upon it—I produced it to Mr. Vardy.
Cross-examined. Q. Who made the endorsement? A. Miss Davis.
SARAH AMESBURY . I am servant to Mrs. Emma Edmunds, of 42, Brill-row. The prisoner came there on 9th Nov.—I saw him give my mistress a 5l.-note—he asked if she could change it—she sent me out for change—I got it at Mr. Howland's, and gave him the note.
EMMA EDMUNDS . I am a widow, of Brill-row, Somers'-town; I am the prisoner's sister-in-law. On 9th Nov. he brought me this 5l.-note to change—I sent my servant for it—she brought me five sovereigns, which I gave to the prisoner.
Cross-examined. Q. Did you make any mark on the note? A. No; he produced it openly in the presence of my servant—after it was cashed, he told me he had found it—I was called away to the bar, and took no further notice—I keep a beer-shop—the prisoner lives with my mother,
Ann Martin; he did not owe me any money—this chisel belongs to my mother; she has had it as long as I can remember—I am twenty-seven years old; it belonged to her husband—she used it for breaking coals, and the prisoner for planting cabbages.
JANE BELL . I am Mr. Whisson's bar-maid. I received this note from George Chater, on 12th Nov.—I wrote on it, "Mr. Chater, 46, West-street," and the date, but part has been cut out by the stamp; the "ter" and the address is left.
GEORGE CHATER . I am a horse-hair curler, of West-street, New-road. On 12th Nov., I was at Mrs. Edmunds' beer-shop, and saw the prisoner there—I knew him, and got change for him for a 5l.-note at Mr. Whisson's—after I had given him the change, he said he had found it, and if I heard anything of it I knew where he lived, and was to refer to him—I have known him for the last three years.
JOHN COLLINS (police-sergeant, N 24). I am stationed at Enfield. On the day of the robbery, I went to the premises between ten and eleven o'clock at night, and examined the marks—on 18th Nov. I went to the prisoner's house, and found him there, and his wife and two children—I told him he must consider himself in my custody, on suspicion of committing the robbery at Mr. Blake's—he said he was innocent of it, he could prove where he was on the night of the robbery; he and his wife went to Hedges, on Clay-hill, and he never was out of Hedges' sight till twelve at night, and Hedges could prove he had never left him—Hedges is a gardener; I know him by sight—I found on the prisoner this purse containing 4l. 10s. in gold, 11s. 10d. in silver, and 3d. in copper—in a drawer up-stairs I found another purse containing 6l. in gold, and 10s. 6d. in silver; also 5s. 6d. in a work-box—I found this watch and chain in his pocket.
RICHARD WATKINS (police-sergeant, N 30). I took charge of the prisoner while Collins searched—I searched a shed at the back of the house next day, a few yards from the back-door, and found this iron crow-bar(produced)—I compared it with the marks on Mr. Blake's door, and have no doubt they were made with it, and also those on the desk, where the impression was stronger—I returned to the station, and told the prisoner I had found an iron chisel in his shed, and it corresponded with the marks on the desk and door—he said it belonged to his mother-in-law—I said there were two 5l.-notes found, and, I think I said, traced to his sister-in-law—he said, "I changed those two notes at Mrs. Edmunds' beer-shop, and I found them in Mr. Edinboro's field—that was on the 19th—Mr. Edinboro's field is about 200 yards from Mr. Blake's; it joins the road which passes in front of the prisoner's house—as you leave Mr. Blake's to go to the fields, you pass the prisoner's house first—he did not say which field; Mr. Edinboro has two or three—the fields at the back of Mr. Blake's are in a different direction, at the back of another road.
Cross-examined. Q. Did he beg you to make inquiry of Hedges?
A. Yes; he repeated a great many times that he was innocent of the robbery, and that Hedges would prove he was in his company from four to ten—I heard Hedges examined before the Magistrate.
MR. BODKIN. Q. Had you told him how the notes were traced? A. No; he declared he was innocent, and I said that two of the notes had been found at Mrs. Edmunds', and he said he had changed two 5l. notes at his sister-in-law's—I believe I did not mention Mrs. Edmunds' name to him first, I am not sure—I compared the marks by gently laying the chisel on them; they were not very deep, it was very hard wood; the edges were the deepest—a carpenter was present—the robbery became known about Enfield. JAMES SMITH. I am a carpenter. I examined the marks on the counting-house door and desk—to the best of my belief they were made by this instrument, the point of it is a little turned, which makes a mark in the centre—I found that mark on the door and on the desk.
Cross-examined. Q. Have you ever seen a chisel that has been used a great number of times that is not a little turned at the point? A. I have often seen them so—this is a ripping chisel, I never saw such a one before—I have not got such a thing—the mark in it does not appear recent.
MR. HATCHETT re-examined. This is the box in which the money was kept—I did not issue handbills or make the robbery public—I told Mr. Scott and the police—I went to chapel that night, from six o'clock to a quarter-past; that is my usual time—I came back about eight—it is a large fixed desk.
DANIEL HEDGES . I am a gardener of Clay-hill, Enfield, and am a friend of the prisoner—I have known him about twelve months. On Sunday, 3rd Nov., I went home about five o'clock, to the best of my belief, and found the prisoner there, and his wife and children—he went out between six and seven, to the best of my belief—I went down to his house with his wife and children and my wife, about half an hour after he was gone—when we got there he came down the garden with a candle, that is where the shed is—I staid there a very few minutes, and then went for a walk with him to Chase-side about half-a-crown that was allowed to his wife's mother—we called at the Holly-bush, and had a quartern' of gin, and then called at a woman's at Chase-side—I parted with him at his house about nine, or a few minutes after, went home, and saw no more of him that night.
Cross-examined. Q. Was there a fire lighted when you got to his house? A. Yes; I did not notice whether it had been recently lighted—it takes about twenty minutes to walk from my house to his.
JOSEPH MARSH . I was employed as private watchman by the prosecutors—I went on duty at seven o'clock on 3rd Nov.—I went to the top of the premises to get a bit of straw to make a fire—I then stationed myself in the brewhouse—that is the place where I am usually stationed—I only go in and out of the yard to get the casks—on that night I did not go further than just against the door—I was in the brewhouse the whole night—one door of the counting-house opens to the yard, the other into the brewhouse—while I was in the brewhouse I could not see the door that leads from the counting-house to the yard—I did not hear anybody break open the place—I don't think any person could have broken open that door or the desk without my hearing it.
JURY. Q. Did you roll in any casks that evening? A. I only moved them from the door outside—I suppose that was between seven and eight o'clock—there were not above two or three casks there; they were not moved more than a yard or two; it would make very little noise—it was my duty when I went at seven o'clock, to light the fires and attend to the beer, and go in and out—I did not see the counting-house door till ten o'clock, when Mr. Hatchett showed it me—it was rather a dark night.
(William Fern, shoemaker; William Bibbs, tailor; Elizabeth Hedges and Joseph Darnboro, servant, all of Enfield, gave the prisoner a good character.)
GUILTY . Aged 35.—Recommended to mercy by the Jury on account of his character.
Transported for Ten Years.
Before the Sixth Jury.
CHARLES THAKE . I am a labourer, and live at Whitford, in Hertford-shire. On 5th Dec. I met with the prisoner in the Cock, at Edmonton, about half-past eight o'clock in the evening—I went with her to a shed, about a stone's throw from the public-house—I had three sovereigns, a half-sovereign, and sixteen shillings in a purse—the prisoner asked me to give her something, and I gave her a shilling and the price of half a pint of beer—after we got into the shed, I had my money—we laid dots—she put her hand into my pocket and took the purse out of my left-hand smock-frock pocket—I asked her whether she would give me my money—she said she bad not got it—I told her if she liked to deliver it up I would give her 10s.—she said she had not got it—I gave her in charge, and in going along she said she had laid it under a little bit of straw—besides what was in the purse, I had five shillings loose in my right-hand pocket; that was my own money, I did not lose that—the other money was my master's, James Bennett, junior.
Prisoner. You called me out of the public-house; I did not come, and you called me a second time. Witness. No, you followed me out—I did not ask you—I gave you a sixpence and a penny—you gave me back the sixpence and I gave you a shilling'—George Cutbush and Philip Bray came into the shed just before the policeman—I did not strike you, nor did any one else—you opened the front of your gown and looked, and said you would swear you had not seen my money—there was no light in the shed—I saw you take my money because it was moonlight—I have not seen my purse and money since.
JESSE PINFOLD (policeman, N 104). The prisoner was given into my charge by the prosecutor, for stealing his money—he did not say what money—as we were going to the station, the prisoner said she had not got any money—she said she did not take the money, but it fell out of his pocket on her gown, and she placed it under the straw—I know the shed; it is an open one, adjoining the house alongside the road—there was about a couple of handfulls of straw there, but it was very dirty—I searched it about half an hour after taking the prisoner to the station, but found nothing—the prisoner was searched at the station, and 1s. 1d. found on her—when the prosecutor gave her in charge, sergeant Watkins was with him, on horseback.
Prisoner. The money fell upon my frock, and I placed it under the straw.
RICHARD WATKINS (police-sergeant, N 30). I was on duty on 5th Dec.—I fell in with the prosecutor and the prisoner—I took her at the Cock—the prosecutor charged her with robbing him of 4l. 16s., or 4l. 17s.—when I came up I should think there were a dozen persons or more—the prisoner said she had laid the purse in some litter while she was with the man—I understood she had told the prosecutor that before, and they had been searching.
NOT GUILTY .
MR. CAARTEEN conducted the Prosecution.
WILLIAM HENRY MANWARING (policeman, A 227). On Saturday morning, 30th Nov., I was stationed in the Northumberland Hotel, opposite the shop of Mr. Cooper. About a quarter before seven o'clock I saw Turnbull leave the side-door with a basket—the front-door was closed—I followed him into Hungerford-market, and then into Scotland-yard—he went into a public-house, came out again, and went into the Horse Guards Canteen—he then went to Mr. Painter's, a butcher, in Hungerford-market—he left four half-quartern loaves there on a bench, and spoke to a person in the shop—he came out again, and went home to his master's—I kept my watch, and about half-past eight o'clock I saw him come out again with a basket—he went to Hungerford-market, stopped at Mr. Punter's shop, and took the four half-quartern loaves and put them into his basket—he then went and delivered some bread in Hungerford-market, at Long staff's public-house—he then went to the Strand, and to King William-street—he was joined by M'Donald—they went to a public-house in King William-street—M'Donald then carried the basket—they went down the Strand, and to Cecil-street, and delivered bread at several places—they then went into James-street, Adelphi—Turnbull was then carrying the basket, and he put it on the ground, and took out two loaves and gave them to M'Donald, who took them, and walked towards the Strand—I followed, and asked what he had—he said he had two loaves, which were given him by a young man he knew—I said, "Are you certain they are the young man's property?"—he said, "I don't know"—I took him into custody, and handed him over to Harris—I went to Mr. Cooper's shop, found Turnbull there, told him I was an officer of police, and asked him who the young man was that I saw with him in the Strand—he said his name was Donald; he did not know his other name—I asked him if he left any loaves at the butcher's shop—he said, yes, he left two—I told him I should take him into custody, and I did—I said I saw him give two loaves to the man in the Strand—(I did not know his name at that time)—he made no reply—while I was taking him to the station, he said, "I will confess; I have been led into it"—he said, "Is he up?"—I told him he was—he said, "That is right"—I produce these two loaves, which I got from M'Donald, when I took him into custody.
Cross-examined by MR. PARRY. Q. How long have you been in the police? A. About five years—I am sure what I have said is right about what Turnbull said about Donald—he said they called him Donald;
he did not know his other name—I marked the loaves that were left in the shop; these are not two of them—I cannot say whether the loaves that were left at Mr. Painter's were not delivered to the customers—they were mixed with the loaves that Turnbull had in his basket—I saw him deliver bread afterwards at I suppose a dozen places.
ALEXANDER COOPER . I am a baker, and live at No. 12, Northumber-land-street, in the Strand. Turnbull was in my employ on 30th Nov., and had been so for six or eight months—it was part of his duty to take bread out for me to the Horse Guards, and other places—he had to go to the Horse Guards at half-past six or a quarter before seven o'clock in the morning, because the men had to go to stable—he had no right to employ any one else, and he had no necessity for it—he had never made any complaint to me of having more than he could do—he had no right to give my bread away—these loaves are mine.
Cross-examined. Q. You have not the shadow of a doubt about these loaves? A. Not the slightest—Turnbull has not been in the habit of selling bread to strangers, and accounting for it; I never remember his doing so—he takes a quantity of bread out, but I know all the customers—if he were to sell a loaf or two he might account to me for the money if he could not make up the number which he took out—when he came back that morning, I borrowed a shilling of him to make up change—his wages were as much bread and flour as be could consume, his lodging and 18s. a week—I never reckoned how many quartern loaves he consumed; I never looked so closely after him—I do not think I returned the shilling I borrowed of him.
MR. CAARTEEN. Q. Was it when he returned the first or second time that you borrowed it? A. I do not remember.
LEWIS HARRIS (policeman, F 59). On the morning of 30th Nov. I took M'Donald in charge from Manwaring—On the road to the station, he said that he had been in the habit of carrying the basket for Mr. Cooper's man, and he had given him the loaves—he said, "I have not stolen them, I have earned them"—when at the station I saw the prisoner Turnbull—he said, "If you will tell me what M'Donald said to you, I will mind you afterward"—I said, "I can't tell you here, I will tell you somewhere else."
The prisoner's statements before the Magistrate were here read, as follows: Turnbull says, "I confess the case; I took the loaves this morning, and it is about the fifth time I left the loaves; I know it was not right to give my friend two loaves to help me, but 1 could not get round the walk without some one to help me."—M'Donald says, "He asked me to give him a hand on Saturday morning, and I did so; you see how I have been brought into it."
(Turnbull received a good character.)
NOT GUILTY .
THIRD COURT.—Thursday, December 19th, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
250. ANN SAUNDERS , stealing 1 saucepan, value 3s.; the goods of Edmund Skipper, her master;also 1 basket, value 6d.; the goods of Isaac Blackmore; having been before convicted: to both which she pleaded
GUILTY . Aged 53.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Six Months.
JOSEPH GILLMORE (City policeman, 252). On 29th Nov., about half-past eight in the evening, I saw the prosecutor at the corner of Giltspur-street, and in consequence of what he said I took the prisoner and took her to the station.
Cross-examined by MR. CLARKSON. Q. Was she drunk or sober? A. She was a little in liquor.
ELIZA PRICE . I am the wife of William Price, a police-sergeant, and search females brought to the Smith field station. On 29th Nov. the prisoner was brought there, at nine in the evening—I searched her, and found a franc and a half franc, five sovereigns, one half-crown, four shillings, three sixpences, and two halfpence in her pocket—while I was counting it she pointed to the half-crown and said the man who charged her had given it her to pay her fare home, she had borrowed the rest of the money, and was going to lend part of it to another female.
GEORGE SHIRLEY . I am a fly-master, at Brixton-hill. On 29th Nov. I was at Smithfield, and when the market was over, soon after half-past four, I went to the Crown, and while I was sitting there, two gentlemen, another female, and the prisoner, came in—I then walked as far as the public-house at the corner of the Old Bailey—the two females followed me, and they went in too, and we had some brandy-and-water together—one of the females left me, and the prisoner walked with me down Holborn-hill, as far as Shoe-lane, where I went into a house, and remained half-an-hour or twenty minutes—I was not sober; I had been making a little free—while we were in the house there were persons in and out of the room—when I left the Crown I had eight sovereigns and about twelve shillings in silver, loose in my pocket—there was a franc and a half-franc among the silver—when I left the house I came back with the prisoner to a public-house at the corner of Snow-hill, and while paying for some brandy-and-water, I missed my money, except three sovereigns and four or five shillings—while I was standing with the other female and the prisoner at the bar of the public-house, I seemed to fancy the prisoner kept touching me.
Cross-examined. Q. Your watch and chain were left safe? A. Yes; I gave the prisoner some silver—I do not know whether I gave her the franc or half-franc—I do not recollect her suggesting that I had pretended to pay her cab-fare, and given her the franc and half-franc—I had made a little more free than common, I had four or five, or five or six glasses of brandy-and-water; I should think it was not more—I had had two pints of half-and-half at the Crown before, and I believe I had one glass of neat gin—that was at half-past four, before I had the brandy-and-water—I am married—I went with the prisoner to the house in Shoe-lane, because
I thought it was her own—I did not 'go there with any design upon her person—I was on no bed or sofa with her, and had no connection with her.
COURT. Q. Do you know what money you gave her? A. No; I believe it was silver—she asked me for some to pay her cab home.
NOT GUILTY .
GEORGE DAVIE . I tm a whitesmith; I live in Windmill-street, Tottenhara-court-road—the prisoner was in my service three or four months. On a Saturday, at the end of November, I missed a stock and a pair of dies from the back shop, which I had seen safe four days or a week before—I spoke to the prisoner the same day about them, but I think he was too drunk to know what I was talking about—on the following Tuesday I went to Mr. Liney's, and there found the stock and dies—these are them(produced).
JOHN LINEY . I am an ironmonger, in Charles-street, Hampstead-road—the prisoner brought me a pawnbroker's ticket, and asked if I would purchase it—I asked what it was of; he said a stock and dies, pledged at Mr. Alders', in Berwick-street—he said they were his own—I gave him 2s. 6d. for the ticket, and sent my mistress with it next day, and she brought back the stock and dies—the prisoner came on the following Monday, and asked me whether I had taken them out of pawn—I said, "Yes, here they are;" and he said, "It is all right; don't let Mr. Mead see them"—I afterwards sent for Mr. Mead; he saw them, and told Mr. Davie.
WILLIAM FISH . I am assistant to Mr. Alders, a pawnbroker, of Ber-wick-street. On the last Thursday in November a stock and dies, very similar to these, were pawned with me, and were taken out again the following evening.
JOHN CARTWRIOHT WOOD (policeman, E 24). I took the prisoner, told him the charge, and he said he had never seen the stock and dies—I told him there was a person at the station who said he had bought a duplicate of him relating to a stock and dies—he said he sold a duplicate relating to them, but he had never seen them, he bought the duplicate of a man for a pot of beer.
Prisoner's Defence. I bought the duplicate of a man at the Adam and Eve, for a pot of beer—I never saw the things.
GEORGE DAVIE re-examined. The stock and dies were kept in the front shop, but had been used in the back shop and not brought back again—it is very likely he had no opportunity of seeing them—I have five other men.
GUILTY . Aged 40.
The Prosecutor offered to re-employ him.— Confined One Month
was in our employ since May, 1849, and was going to leave last Saturday—I called him into the counting-house, where I had a policeman, and told him I had suspected him some time, and the policeman said he was a police-officer, and wished to search him—he said, "Very well," and the policeman found these two sheets of paper in his hat, and this impression from a steel die(produced)—they are our property, and had come out of the stock-room where he worked—there is some more paper, which was found at his lodgings.
Cross-examined by MR. PAYNE. Q. What is the value of the things found in his hat? A. Fourpence or fivepence—this raised impression of the Great Exhibition is worth 1l. 1s. to me, but in itself is not worth half a farthing.
JOHN NEWELL (policeman, N 102). I searched the prisoner, and in his hat found two sheets of double demy and the impression—Mr. Whitmore said, "That is my property"—the prisoner said, "Well, it is; but it is what everybody does."
GUILTY . Aged 23.
Strongly recommended to mercy by the Jury.— Confined One Month
OLD COURT.—Friday, December 20th, 1850.
PRESENT—Mr. Justice WIGHTMAN; Mr. Ald. THOMPSON; Mr. Ald. COPELAND; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; Mr. Ald. FINNIS; and RUSSELL GURNEY, asq.
Before Russell Gurney, Esq.
GUILTY . Aged 23.— Confined Six Months.
256. JOHN ROBERTSON , breaking and entering the dwelling-house of Frederick William Firman, and stealing 1 coat, value 15s.; his goods: and 1 coat, 1 handkerchief, and 1 stock; value 2l. 10s.; the goods of William Musgrove; having been before convicted: to which he pleaded
GUILTY .** Aged 17.— Transported for Ten Years.
Before Mr. Justice Wightman.
257. CHARLES CLINTON, JAMES BADCOCK, DANIEL JOHN SHAW, JOHN GARDNER , and GEORGE BUNCHER , were indicted for burglariously breaking and entering the dwelling-house of Thomas Clapham and another, and stealing 65 watches, 57 chains, 720 rings, and other articles, value 2,000l.; their goods: and MARY ANN CHARONEAU and MARY ANN BUNCHER were charged as accessaries after the fact: the said Mary Ann Buncher was also charged with receiving the said goods: to which
CLINTON pleaded GUILTY . Aged 17.— Transported for Twenty Years.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
Martin-in-the-Fields. The two shops communicate internally by a sliding door—a porter named Kelly and his family sleep there; I do not—we have an iron safe let into the wall, in which it was the duty of our assistant Whiskard, to lock up a large quantity of property when business was over, and to put the key in a private place only known to himself—on Monday evening, 21st Oct., I left about a quarter-past eight o'clock—the prisoner Clinton, who was my errand-boy, had just put the shutters up—I left Whiskard there—Kelly, the porter, was out—I got there next morning at a little before ten, and found the iron safe had been opened; I missed from it watches, rings, and jewellery, amounting to 1500l.: the safe was emptied of all but one or two rings—I also missed from a glass-case in the window, property amounting to 400l. or 500l.:2,000l. altogether—I saw no appearances of breaking from the outside—there is no keyhole outside—I found this false key in the safe-door, and this other in the lock of the shop-door; we had some difficulty in getting it out; it would enable a person to leave the premises; it is an imitation of our key—I have seen none of the property since.
JOHN WHISKARD . I am assistant to Messrs. Williams and Clapham, I was there on Monday night, 21st Oct.—it was my duty, after business, to secure the property in the glass-cases in the iron safe—I put a quantity of jewellery, diamonds, and precious stones into the safe—the things in the glass-case remained there, but I secured it, and took the key of both at twenty minutes past eight o'clock—there were sixty-five watches, 720 rings, fifty-seven watch-chains, 100 watch-keys, and some diamonds—the value of the articles in the safe and case was about 1,920l.—there were brooches, bottles, lockets, pins, seals, pencils, cases, and chains, among them—Kelly, the porter, was out; the boy Clinton was shutting the shop up—I put the key of the safe into a little drawer by itself, locked it, and put the key into my pocket—the glass-case was merely locked; the key was on a bunch in my pocket—I left at half-past eight o'clock, taking those keys with me; the shutters were then all up, and the place apparently fastened—Clinton let me out; he did not sleep there, it was his duty to stay till Kelly came: Mrs. Kelly was up-stairs—at nine next morning I came and found the glass-case and the safe opened; another key of the case was kept in the cash-box, in the iron-chest, of which I had the key—I found the plade had been plundered.
CHARLES KELLY . In Oct. I was porter to Messrs. Williams and Clapham; I lived with my wife and family on the upper part of their premises. On 21st Oct. I went out about twenty minutes to seven o'clock in the evening, leaving Mr. Whiskard in the shop, and Clinton on the first-floor of No. 14, which room commands a view of the Strand—my wife and children were out—I came back about twenty minutes past nine, and found the shutters up, and the premises closed—I rang or knocked, and Clinton opened the door, my wife was at home then—Clinton then left for the night; his usual time was about nine—it was not his duty to wait till I came home, but he often did—I let him out and fastened the door after him, within a minute after my coming in; he just put on his coat and left—I then shut the front-door, locked it, and put up a small chain; I left the key in the door—I went round the shop, but did not make a very minute search—there is a lobby at No. 13, between the front of the shop and the inside, formed by a glass-door, which is open in the day, but at
night the shutters enclose the space, so that when it is shut there is no appearance of a door to No. 13—the space is about four feet square—we had large mats which are put down in the day, but at night are put in that lobby—I did not look into the lobby that night—behind No. 13, there is a small shop which you enter from the front shop by a pair of glass doors which open inwards into the back shop, and when so opened enclose a space quite large enough for a person to be concealed there—I did not go into the small back-shop; the middle door was open—I left the shop, god went up-stairs finally, at about twenty minutes to eleven, having put up the spiked bar outside—I had been up to my room in the interval and; had my supper—I took the keys of No. 14 up with me—I was not disturbed at all in the night—I came down in the morning at about five minutes to seven, the stairs from my room brought me into No. 14, close to the safe—I found a difficulty in opening the door; the safe and glass-case were open, and a great deal of property gone—I found this dark-lantern, some wax tapers, and two candles; this key was in the front door of No. 14, and another in the safe—the lobby of No. 13, was not as I left it the night before; the mats were pushed out to prevent it from closing, as if some person had been there after me; the bolts of the front door were undone, and the chain down—I could not get the false key out—I opened the front-door and called in a policeman.
WILLIAM DODD (police-inspector, F). On 22nd Oct., about a quarter to eight o'clock, I went to the premises and found they had been plundered—I found this crow-bar, dark-lantern, and two chisels there—I got one of these keys from the iron safe, and the other from the door of No. 14, both in the locks—this small crow-bar was in the counting-house at the back of No. 13, alongside of the cash-box, which had been broken open—the cocoa-nut mats were arranged in the lobby of No. 13, so as to give room for a person to be concealed behind them—there was no appearance of a forcible entry from the outside.
JOHN LUND (police-inspector, A). On 22nd Oct. I went to Messrs. Clapham and Williams', and examined the premises; there is no doubt the robbery was effected by some person within—I found Clinton there, and in consequence of something he said, I went over the water to a public-house, nearly opposite Rowland Hill's Chapel—I was sitting in the parlour, and Badcock came in; I directly got up from my seat and went towards the bar, he saw me and instantly left—I followed as quick as I could, and caught him just at the corner; he appeared as if he was going to make water—I told him the charge, he said he knew nothing about it, and had not seen Clinton for some time—I had told him that Clinton was in custody, and had confessed it—I found nothing on him.
Cross-examined by MR. PARRY. Q. Did not you take Shaw, and was it not Shaw that said that? A. Shaw said so too; I took him in the White Horse, Fetter-lane—I am sure Badcock said he had not seen Clinton for some time—I am sure I am not confounding the matter(the witness was here directed to look at his deposition)—Badcock said it as well as Shaw, and to the best of my belief, he said he had not seen him for some time, not since the Sunday-week previous—I have mentioned that before—I think there is a urinal to the public-house, and he appeared as if he was
going there—he returned into the public-house with me, but I had actually taken him into custody before that—I never heard anything before either for or against him.
JOSEPH THOMPSON (police-sergeant, F 11). On 26th Oct. I went to St. George's Circus, Westminster-road, and found Gardner and Charoneau walking together, about one o'clock in the night—I told Gardner I wanted him for a burglary in the Strand—he said, "Oh! we shall see;" Charoneau could hear—I told her she must go also; she said, "Very well"—I took them in a cab to Bow-street, with sergeant West—Clinton was there in custody, I showed Gardner to him, and asked him if that was the man that he let into the shop—he said, "He is very much like the man;" without looking at him in the face (he had said something to me before Gardner got near enough to hear)—I said, "Look at him well in the face, and see whether he is the man or not;" he looked at him, and said he was the man—Gardner said, "Good God Almighty! I never saw the boy before in my life"—I told him to look at him again, and see if he was perfectly satisfied he was the man—he again said he was, and Gardner made the same remark again—he could see Clinton, they stood opposite each other—I asked Gardner his name and address, he gave several evasive answers, and said he was a traveller, and lived anywhere, it was somewhere in the Kent-road, but he did not know the number—I searched him, and found 6l. 10s. in gold, and this key on him; it opens the outerdoor of 25, Temple-street, Southwark—Charoneau gave her address, 25, Garden-row, London-road—I went away, leaving West with them—between seven and eight that morning, I went to 82, Pearl-row, Borough, and found the Buncher's—I had seen them before; her brother, Daniel Evans, was there, and a police-sergeant—I told Buncher to consider himself in my custody for stealing a quantity of rings, brooches, and other articles from the Strand—he said he knew nothing about it—I saw the woman feeling her pocket, and asked her to turn it out—she gave me a piece of paper and a duplicate, and was crumbling this other piece of paper; I said, "Let me see what you have got there?"—she attempted to put it in her mouth; I prevented her, and took it from her, there was writing on it in pencil—she said, "It is only a letter about a loan, I did not want him to know anything about it"—(This was half of a letter torn down the middle of the sheet, half of each line only being left; it appeared to be from the Soho Loan Office, and was addressed to Mr. Daniel Evans, on the other side was a list of the following articles, in pencil, partially rubbed out: "I watch, 1 bracelet, 1 brooch, 1 bottle, 1 locket, 1 pin, 1 stone, 3 pencils. 1 boot," &c.) I took them to the station, and asked Clinton, "Is that the man you have spoken to about the robbery?" meaning, "Is that the man you have been talking to about the robbery, he said, "Yes"—Buncher said, "Lord Jesus Christ!"—I asked Clinton again if he was the man, and he said he was—Buncher was then charged.
Cross-examined by MR. PARNELL. Q. Are you sure Charoneau did not tell you it was 25, Temple-street? A. No; because she said she lived there with the old woman, meaning her mother—I said there was no such person, and asked her which side of the street it was—she said the left—I said "25 is on the right"—I am sure she did not say she lived with Gardner at 25, Temple-street.
MR. BODKIN. Q. You went to 25, Garden-row? A. Yes; but could
find no tidings of her—I returned to her and said, "You don't life at 25, Garden-row"—she said, "I do, with the old woman"—when I told her 25 was on the right, she said, "I don't know anything about it."
WILLIAM WEST (police-sergeant, F 7). I was with Thompson, when Gardner and Charoneau were taken; she was about to say something at the station, but Gardner said, "Hold your tongue," and she said nothing—I asked her if she had anything about her—she said, "I have got nothing but a bit of cheese about me," and took it out—I asked her if she had any money about her; she said she had a little—I said "How much have you got?"—she said, "That doesn't matter"—I said I should have her searched—the female-searcher commenced searching her—she undid her dress, took this bag from her bosom as it is now, and gave it to the female searcher, who gave it to me—it contained 158 sovereigns and a half—I asked her how she came by it—she said, "My father sent me 50l., and the remainder I got the best way I could"—I asked her how he sent it; she said, "By a Post-office Order, or something."
HENRY LIDDELL . I am learning the business of a brass-finisher. I worked in the house in which Shaw lived, 4, Great Charlotte-street, Black-friars-road, Mr. Burnham's—I have seen Badcock and Shaw together several times—I was outside the door where Shaw lived, in Oct., three or four days before the robbery (he did not work at that place, he occupied a room there)—I heard Badcock tell Mr. Shaw he had seen Charley, who told him the robbery would come off on the Saturday night, and Charley had told him he had taken the impression of the key, and had given it to the men; that Charley had told him to meet him on Saturday night, and he would give him something, or let him have something, I do not know which, to which Mrs. Shaw made some observation, I do not know what—I know Clinton—I have several times seen him in the company of Badcock and Shaw, I cannot say how lately; it might be three weeks or a month before the robbery—I have seen Clinton come to the place where Shaw lived.
Cross-examined by MR. PARRY. Q. Where did Mrs. Shaw live? A. In the second-floor back-room—it was in her room that this conversation took place—I had occasion to go up at the time for a broom, which Mrs. Shaw had borrowed—I did not ask her for it; it was outside, and she was inside—I took it—I put my ear to the keyhole—I have not often listened to conversations, it is not my custom—I think this is about the first time in my life I have put my ear to the keyhole—I do not know that I put it particularly close—I was on the bottom step—I do not know that I have ever listened at any other keyhole and overheard conversations—I was examined at the police-court three times, I think—I do not know that I was asked this fact—they asked me if I recollected hearing a conversation—I think I mentioned the first time that I had overheard the conversation—I did not tell them that I had put my ear to the keyhole—I saw a reward offered before I gave my evidence—I have been learning the business of my father-in-law as a brass-finisher seven or eight months—I am thirty years old—I have been a waiter and light-porter—I have kept a coftee-shop at 111, Aldgate—I never kept a beer-shop—I have never been
in any difficulty before a Magistrate; yes, once, my master gave me a holiday, I was to return on Sunday evening, I did not return till Tuesday, and be gave me in charge; the Lord Mayor discharged me, saying as I was not an apprentice, I could do as I pleased—that is the only time I have been before a Magistrate—I was never locked up or in a station-house—I have been summoned to Guildhall; that was for rent—I have never been through the Insolvent Court—I mean to tell the Jury that I was summoned to Guildhall for rent—I could not pay my rent, and removed my goods by night—I have never been summoned on any other occasion that I recollect—after, consideration, I swear that—I was never charged with selling spirits or beer without a license in my coffee-shop—I swear I was never in custody except when my master gave me in charge—I did not run away from that coffee-house without paying my rent—I do not owe any—that is not where I was summoned from; it was from Mitre-street, Aldgate—I lived there in a private lodging.
MR. CLARKSON. Q. When were you summoned to Guildhall? A. About nine months ago—it is eight or nine years since my master took me before the Magistrate.
THOMAS VERNON . I am a brass-finisher, and lire at 4, Great Charlotte-street, Blackfriars-road. I am father-in-law of the last witness—I know the prisoners Shaw, Clinton, and Badcock—I have seen them in company together; I should say half a dozen times, and as lately as fourteen or fifteen weeks ago—I remember hearing of the robbery in the Strand; the last time I saw them together might have been very likely a month before that—Badcock and Shaw worked at the same place—I have generally seen them together at Shaw's house; they work at shoemaking—I have not seen Clinton since I heard of the robbery, till I saw him at Bow-street—I saw Shaw once since, but nobody with him.
Cross-examined by MR. PARRY. Q. You saw him walking in the street did you not? A. Yes; I could not say positively whether it was not seven weeks before the robbery that I saw them together—I knew Shaw's master—I could not say exactly where they worked—they lived in the house.
JOHN CLINTON . I am the father of the prisoner Clinton—I know Shaw and Badcock; they are acquaintances of my son—I have repeatedly seen Badcock call at my house for my son, and I have denied him several times to him—I remember Badcock calling at my house about two months before I was examined before the Magistrate, and he called me and desired that I would not call at his master's to inquire where he was the night before with my son (as they had been out all night), or he might loose his situation—I told him I certainly would call and speak to him before his master—it was the first time my son had slept out of my house since he had been born, and it was proper I should look into it—he begged me not—I asked who he was and what situation he held—he said he was errand-boy at 102 in the Strand, and he had half-a-crown a week wages and his victuals—I told him I thought half-a-crown a week would not support a young man like that, to keep out at all hours of the night, and when did he see my son last—he said he had seen him the day before, and had received 5s. from him for a coat that my boy gave orders to a tailor for—I asked when he should see my son again—he said he should see him that night; it was then getting on for twelve o'clock at night—I asked where
he was going to see him—he said he was to meet him at Mr. Shaws—an elder son of mine came in at that time, and I said to Badcock, "If that is the case I will go with you and see that he is there;" and I asked my boy to go up and get my hat, and we went to Mr. Shaw's in Charlotte-street, New Cut—Badcock knocked at the door, but so softly I considered it was not heard, and I knocked, and Shaw came to the door—I told him it was imprudent to have my son there as he was under age and lived so little distance off, and to keep him there all night, and I very much disapproved of it, and I would not suffer it by any means—several words came on to that effect, and Shaw found himself extremely aggrieved by it, and he sprang back to the farther end of the door and put himself in an attitude to strike me, and my eldest son stepped forward betweeu us to prevent him—he said he had never been talked to so before by any man, and be would not put up with it then—I was afraid of getting to blows, and I said to him, "I have one question to ask you, whether it is true or false I must take the answer, is my son in your place or not?"—he said, "No"—I then said, "I will leave you;" and I left him—about a fortnight before the robbery Shaw came to my house on a Sunday afternoon—I opened the door—he said, "Good morning to you, Sir"—I told him he had the advantage of me, (I did not know him again, he was differently dressed, in his Sunday clothes),—"Oh!" said he, "you called at my house"—"Where?" said I—"In Charlotte-street; my name is Shaw"—I said, "Well, Sir, what is it you want with me?"—"Oh,"he said, "I only called to ask after the welfare of Charlie; is there any complaint to make of him?"—"Complaints!" said I, "what complaints? I never had a complaint of him in my life; all the complaint I have is staying out late of a night at your house;" and I shut the door and went away.
Cross-examined by MR PARRY. Q. You were very much excited and very angry about your son were you not? A. I am man that is never out of temper; I was angry within myself at my son, associating with such a character—I have known Badcock from two to four months—I only knew him by sight—I never suffered him into my presence but once, and then he brought a hat home to my son—I believe he new-footed a pair of shoes for my boy, and charged him 14s. for them, and I do not call that being a friend to him—my son was an errand-boy; be first had 7s. 6d. or 8s. a week, and about a month before this happened Mr. Clapham rose him 2s. more.
JOHN WRIGHT (police-sergeant, M 3). On the evening of 21st Oct., near seven o'clock, I was on duty near the Red Lion public-house, in Pearl-row, Blackfriars-road, and saw the prisoner Gardner and a tall man with him, who I believe to be Shaw—he very much answers the description of the party, I mean his stature and general appearance—they were standing talking together for two or three minutes—Gardner then left the tall man, and went to 32, Pearl-row, and knocked at the door—Buncher came out; he and Gardner then joined the tall man, and they all went away together, in the direction of the Blackfriars-road—Pearl-row is a quarter of a mile, or rather more, from Blackfriars-bridge—I knew Gardner before—I heard him state that he lived at 25, Temple-street, St. George's-road—on 26th Oct. I went to 25, Temple-street, and in a room there found this life-preserver (produced)—I have always known Mrs. Buncher by the name of Bluxton.
Cross-examined by MR. PARRY. Q. The amount of your evidence
regarding Shaw is, that you believe it was him you saw, but would not undertake to swear positively to him? A. Yes; I had known him before—I have never heard anything against Badcock; I know nothing of his family—my duty is principally about Blackfriars-road, the Borough, and round that neighbourhood.
Cross-examined by MR. BALLANTINE. Q. Did you know that Gardner's house had been searched before you found the life-preserver there? A. I did not, and I believe it had not—I knew before that Buncher lived at 37, Pearl-row—I have seen men go in and out of that house, but whether they lived there I do not know—when Buncher was taken into custody he said I must be mistaken about him that night as he was laid up with a bad leg—he showed me his leg, it appeared to have an old wound—he said it had been bad a long time—I think it was the shin—it was a wound then.
MR. BODKIN. Q. Had you known Buncher for some time? A. I had—I had frequently seen him before that night—I think it could not have been more than two or three nights before then that I saw him—be then appeared to be in his usual health.
LOUISA KELLY . I am the wife of Charles Kelly, the porter, at Mr. Clapham's. On 21st Oct. I went out in the afternoon and returned at half-past seven o'clock—at that time the shop was not shut up—I went up-stairs to the first-floor where the boy, Clinton, was—I then went up-stairs to my own room which is on the second-floor—I staid there about half an hour, and then went up-stairs on the third-floor to put my children to bed—I then came down to my own sitting-room, and remained there till ray husband came home—I did not let anybody in to Mr. Clapham's, or know of anybody being let in—it was about half-past seven when I saw Clinton on the flrst-floor—I did not see him again that night.
Cross-examined by MR. PARNELL. Q. Who lives in this house? A. Only myself and husband—the ground-floor is the shop—there are four floors above—the top floor is full of furniture—we occupy all the other floors, except the first, that is used by Mr. Williams as a kind of office—neither he or Mr. Clapham live there—we have nothing to do with the business in the shop—we merely live there to take care of the house.
EVAN JONES (policeman, M 250). I know Gardner and Charoneau—I know Charoneau by the name of Poll Gardner, Mrs. Gardner: last year she was lodging at 22, Martin-street, Black friars—she was living with Gardner—I have seen them go into that house together, and have seen them together continually—I have heard her call him, "My old man."
Cross-examined by MR. PARNELL. Q. You knew them as Mr. and Mrs. Gardner? A. Yes; they passed as man and wife—I believe they are not married.
JOHN SAUNDERS . I keep the York Hotel, at the corner of York-road and Waterloo-road—I know Gardner—I saw him at my place about a month or five weeks before the examination before the Magistrate—he was in front of the bar, and to the best of my belief Clinton was with him—I could not swear to him—Gardner had a dog with him which was playing antics—it was a little rough dog, like a Scotch terrier—Gardner made it stand up in the corner on his hind legs, and obey him and no one else, it would not get down from his posture till he gave him permission—that drew my attention to the parties—I talked with him about the dog.
Cross-examined by MR. HUDDLESTON. Q. There were a good many persons in the bar at the time, were there not? A. Several—I do not know how many—I should say not half a dozen—I had never seen Gardner before.
MR. CLARKSON. Q. How soon after was it that you saw him? A. At Bow-street—I recognised him immediately.
ANN BAGLEY . I live at 25, Temple-street, Blackfriars-road. Charoneau lodged there—I have noticed her with a little white rough dog—it used to do performance, stand on its hind legs, and play tricks of that kind.
Cross-examined by MR. HUDDLESTON. Q. I believe the police locked you up for an hour? A. They did not lock me up—they said they would lock me up unless I would tell the truth.
Cross-examined by MR. PARNELL. Q. What name did you know Charoneau by? A. We used to call her Polly—I did not call her Mrs. Gardner; I only knew her as Polly—she had a servant of her own—she used to dress middling—she never gave me any money; I never saw her with any—I never went into her room.
WILLIAM DYOTT BURNABY . I am the principal clerk at Bow-street. I took the examination of the prisoners on this charge—the proper form of caution was read over to them by Mr. Henry—Badcock said, "Clinton said to me, when the robbery came off he would make me a present of something handsome; I did not know when it was to be, or where it was."
SUSAN COURCELL . I live with my husband, at 15, Temple-street, St. George's-road; it is opposite No. 25. I know Charoneau, I have seen her in the first-floor front-room—I know Gardner by sight, I believe he lived there with Charoneau—I have seen them both together repeatedly—the last time I saw them there was on 29th Sept.—I have seen a little dog at the window of Charoneau's room.
Cross-examined by MR. PARNELL. Q. Had you any acquaintance with her? A. No; I did not know her name.
ELIZA ANDREWS . I live at 26, Temple-street. I know Gardner and Charoneau, by living next door—I have seen them there since Michaelmas—I have heard Charoneau speak to Gardner about the dog—she said, when he was going out one morning, "Look,Jack at the dog; he it bidding you good-bye."
Cross-examined by MR. PARNELL. Q. You did not know this woman personally? A. No; I never spoke to her, and did not know her name.
(The COURT, upon being appealed to by the Counsel for the several prisoners, expressed an opinion that, though there was abundant evidence to show acquaintance between the parties, there was not sufficient evidence to connect them with the offence charged; that Badcock was the only prisoner against whom there was some slight evidence. MR. PARRY, therefore, addressed the Jury on behalf of Badcock only.)
NOT GUILTY .
MR. BIRNIE conducted the Prosecution.
went to bed between nine and ten o'clock—some time after I had been in bed I heard a noise in the kitchen—I got out of bed, lighted a candle, opened the door, looked into the kitchen, and saw three men—I am quite sure the prisoner is one of them—I knew him before—they ran out into the street—I missed a cap and a cravat from the kitchen table, which were safe when I went to bed—my wife picked up a cap in the passage, which was not there when I went to bed.
Cross-examined by MR. ROBINSON. Q. How long had you lived there? A. From four to seven weeks—there is flooring to the rooms—I do not know whether it is a very old place, or whether it had been uninhabited for a long time—I do not know that is a place where poor people used to go and sleep—I have charged two other men besides the prisoner, but I could not swear to them—the men had their backs to me as they ran away—I do not know what time this was.
MR. BIRNIE. Q. Could you see the prisoner by the light of the candle which you had in your hand? A. Yes
JOHN HAYES . I am a labourer, and keep this house. On Tuesday night, 19th Nov., after I had gone to bed, Ash hallooed out that there were thieves in the house—I came down as quickly as I could, and saw three men run into the street—I do not know any of them—I found they had got in at the washhouse window, by taking away a piece of wood which was nailed over it, and the lock of the kitchen door was forced off—I have seen the prisoner about, but know nothing of him.
Cross-examined. Q. This is a very old house, is it not? A. Yes; it had been unoccupied for some time before I went there.
GEORGE PULLEN (policeman, K 161). On Tuesday night, 19th Nov., about a quarter-past twelve o'clock, I heard a cry of "Police!" and went to the prosecutor's house, in Sophia-street, and saw Ash in his shirt, and two other persons—in consequence of what he told me, I apprehended the prisoner on Friday morning—he was in bed at his father's house—I told him I wanted him, for breaking into this house—he said he was in bed at the time, and knew nothing about it.
Cross-examined. Q. You saw two others there you say? A. Yes, pretty close to the house—one was without a cap—they were taken into custody, but the bill against them has been thrown out.
JAMES WADEY (policeman, K 52). On Tuesday, 19th Nov., I was at the Harrow public-house, at Poplar, about ten o'clock, and saw the prisoner and two others there—I was sent for by the landlady to turn then out, in consequence of their disorderly conduct—they went away, and returned again, about twenty-five minutes to twelve, with another man—I followed them up High-street, Poplar, towards Sophia-street—they went into a public-house—they came out in about ten minutes, and I last saw them near Hayes's house—they all had caps on like this.
Cross-examined. Q. Were they drunk or sober? A. They appeared to me sober; they might have been drinking, but were quite capable of walking—I have known this house for the last twelve months, it has been uninhabited a portion of the time.
(The prisoner received a good character.)
NOT GUILTY .
259. FRANCIS HUREAU , stealing in the dwelling-house of Adolphe Andy, 1 coat and 1 pair of trowsers, value 23s.; the goods of Matthieu Joseph; 1 scarf and other articles, value 30s.; the goods of other persons: to which he pleaded
GUILTY .— Confined Twelve Months.
260. WILLIAM SMITH, WILLIAM WHITE , and JOHN SMITHSERS , stealing 6 spoons, 3 forks, and 1 butter-knife, value 62. 15s.; the goods of John Cassell, in his dwelling-house: Smith having been before convicted.
MR. COCKLE conducted the Prosecution.
HELEN BUCKNELL . I am housemaid to Mr. John Cassell, of 35, Acacia-road, St. John's-wood, St. Marylebone—it is his dwelling-house—I have charge of the plate, I saw it safe on 5th Nov., at a quarter-past ten o'clock in the morning, on the kitchen dresser—there was two table-spoons, one dessert-fork, one butter-knife, three tea-spoons, two plated forks, and one dessert-spoon—they were worth between 5l. and 6l.—I went out shortly after ten, leaving the plate on the dresser—I returned in about half an hour, but did not miss the plate till one o'clock—I had left Kate Francis, my fellow-servant, in the house, and Mr. Cassell's mother—there is a small garden in front of the house.
ROBERT TAYLOR . I live with my father, a baker, at 2, St. John-street, Portland-town. On 5th Nov. I was in Acacia-road, about half-past ten o'clock in the morning, and saw the prisoners, Smith and White, coming out of Mr. Cassell's garden gate—they both had some silver spoons in their hands—Smith was shoving them into his pocket, and White was shoving them under his coat—they all went away together—there were other boys in the garden with a Guy, and after these two got a little way these others followed them—there were about six or seven of them—they were all in the garden.
Cross-examined by MR. PAYNE. Q. You were ringing at a bell, were you not? A. Yes, at No. 32—I could tell that the spoons I saw were silver by the whiteness of them—1 did not know these boys before; I knew their faces again when I saw them at the station—there were a good many boys with the Guy, but I saw these two come out—I noticed Smith's hair, his cap did not cover all his hair—I also know him by his clothes—I did not see Smithers—I first saw them come out of Mr. Cassell's gate—the Guy was then in the garden.
MR. COCKLE. Q. Could you see the Guy from where you were? A. No, it was in the garden, but I heard the boys hurrahing—I saw the prisoners at the station two days after.
RICHARD BRAND (policeman, S 199). I apprehended Smith on 7th Nov., about five o'clock in the morning, at 17, Orcus-street, Lisson-grove—he was in bed—I told him I wanted him for stealing some plate from 35, Acacia-road, on 5th Nov.—he said, "I suppose you think it was me, because I was there?"—on my way to the station he said, "If you got this job clear against me, it will send me away with Don"—Don is the captain of this gang of thieves, and was transported for seven years the Session before last—I showed Smith to the witness Taylor at the station, and the moment Taylor identified him, he sung out very loud to White, who was in another cell,"Ginger, we are b----d now "—I took Smithers into custody on 20th Nov., at his father's—I told him I wanted him for being concerned with others, now in custody, in stealing some plate at 35, Acacia-road, on 5th Nov.—he said. "I was not the Guy Patty Sturgess was the Guy, and you ought to take the others."
Cross-examined. Q. What had you said to him before, he said "If you get this clear against me, it will send me away with Don?" A. Nothing more than I have stated; I put no question to him, amd did not pump him at all—Smith and White were shown to Taylor together, not mixed with others—another constable heard what Smith said, and Taylor was also present—White could hear what Smith said.
GEORGE COURT (policeman, S 308). I took White into custody between six and seven o'clock on the morning of 7th Nov., at 3, Orcus-street—he was in bed—I told him I wanted him for a robbery at 35, Acacia-road, on 5th Nov.—he said he was at home on that day—he afterwards said, "Oh, I was there with a Guy"—on our way to the station, he said he supposed he should get lagged over the job, and then he should remember the 5th of Nov.—he asked if the rest were taken—I told him Smith was at the station.
JENKIN THOMAS POULSUM . I am a boot and shoemaker, and live at 4, Frederick-street, St. John's-wood. I know the three prisoners perfectly well—as I was going up Townsend-road, about twenty-five minutes past ten o'clock, I saw all three of them at the corner—White was smoking a short pipe—they were going towards Mr. Cassell's house—when I saw them last, they were about twelve yards from the house.
Cross-examined. Q. Are you are a master bootmaker? A. Yes; I did not speak to the prisoners when I saw them—I saw a Guy in the road, and a number of boys with it—these three were following them, but separated from the others.
HANNAH LEAT . I live at 2, Orcus-street. On 5th Nov., I saw Smith and Smithers in Orcus-street, about eleven o'clock in the morning, with two other boys who are not here—I heard a taller boy than them say either "Be quick," or "Make haste" and I looked round, and Smithers was in the act of putting a plated or silver spoon or fork into his pocket, I could not say which it was.
Cross-examined. Q. Did you know the lads before? A. I had seen them before—I did not see the tall boy pass the fork or spoon to Smithere—I saw Smithers in the act of putting it in his pocket.
HENRY CURRIE . I live with my mother at 2, Orcus-street—I saw White and Smith in Orcus-street on Guy Fawkes day in the afternoon—I cannot say what time it was—Smith was tossing with another boy—he had a half-sovereign, and some silver in a little box.
SMITH— GUILTY . Aged 17.— Transported for Seven Years.
WHITE— GUILTY .—Aged 16.— Confined Ten Months.
SMITHERS— NOT GUILTY .
NEW COURT.—Friday, December 20th, 1850.
PRESENT—Mr. Ald. COPELAND; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Fifth Jury.
GUILTY . Aged 60.— Confined Six Months.
262. WILLIAM SIER , embezzling 7l. 16s.: also 6l.; the moneys of the Eastern Counties Railway Company :also obtaining by false pretences 2 sovereigns, and 2 half-sovereigns; the moneys of George Haydenr to which he pleaded
GUILTY . Aged 35.— Confined Three Months.
GUILTY . Aged 19.— Confined Nine Months.
JOSEPH WINFIELD . I am in the employ of Mr. Lemon. I had the care of a cart belonging to him—I put it in a shed in Suffolk-street on 29th Nov., about a quarter before nine o'clock in the evening—there was a padlock to the door—I shut the door and locked it—I went at a quarter-past eight next morning—the gate was broken, and the cart gone.
JOHN EDWARDS . I live in Willow-walk, and am a carriage-broker. On Tuesday, 3rd Dec, the prisoner came to me about three o'clock in the afternoon—he asked me if I was a buyer of an old pair of wheels and axletree—I said I did not know till I saw them—he went away, and came back in a quarter of an hour with them—he wanted 10s. for them—I said there were several spokes broken, and they were covered with mud, but I would give him three half-crowns—he agreed to take it—I paid him, and asked him to write his address, which he did, "No. 9, Wild-court, Lincoln'sinn-fields"—when he was writing it, he said, "You know me very well, and you know my brother, there is no occasion for the address"—I said, "There is occasion, for there are two carts stolen from Clerkenwell"—I washed one spoke, and found it corresponded with the description of one of the carts stolen, and I sent to Mr. Lemon—this is the nut that came off the axletree that the prisoner brought to me.
WILLIAM LYE . I live in Paul-street, Finsbury—I know the prisoner. On 30th Nov. he brought two carts to my place at a quarter-past eight o'clock in the morning—he said "Is your place ready?"—I said, "Yes"—he said, "Can I get in?"—I said, "If you can get up the yard you may"—(he had come eight or nine days before, and taken the place, and be was to bring a carriage, but I never saw him again till 30th Nov.)—he got the two carts in, and they remained there till the policeman took them.
WILLIAM FISHER (policeman, G 127). I took the two carts from Mr. Lye's place—the wheels were off, and one pair of wheels and an axletree and springs gone—I showed one cart to Mr. Withey, who was with me at the time—that was the cart of which the wheels were left—the carts are now at the station—Mr. Withey and Mr. Lemon have seen them.
JOHN WITHEY . I saw the cart shown me by the officer—it is mine—I had seen it safe on Friday morning, 29th Nov., and on Saturday morning, the 30th, it was gone—it had been in the same shed with Mr. Lemon's.
JOHN GUNN (police-sergeant, G 8). On Tuesday evening, 3rd Dec., I took the prisoner in Wild-court—I said, "I want to speak to you about the wheels and axletree that you sold this evening"—he said, "I sold no wheels and axletrees"—I said, "Are you sure of that?"—he said, "Yes"—I said, "Not any time to-day in the Willow-walk?"—he said, "No"—I said, "I shall take you for stealing two carts"—after we had got 200 or 300 yards he said, "I did sell two wheels and an ax✗etree; I bought them of a drover in Smithfield on Saturday last"—when we got further on he said, "I bought them to-day."
COURT. Q. You went to the address he gave, No. 9, Wild-court? A. Yes, and he was coming home.
Prisoner's Defence. I bought them of a dealer in Smithfield; I hired the shed to put them in; I sold the wheels to the best advantage.
RICHARD DRYSON LEMON re-examined. Mine was a chaise-cart, it had not been built above nine months—it was not proper to break up—it had the name in gilt letters on each side—it had not been painted out, but smeared out—the name on the shaft is as legible as ever.
GEORGE STEVENSON (policeman, B 83). I produce a certificate of the prisoner's conviction at Clerkenwell—(read—Convicted on hit own confession Oct. 1849, and confined nine months)—the prisoner is the person.
GUILTY .**Aged 28.— Transported for Seven Years.
265. JAMES QUIGLEY , stealing 1 writing-desk and other articles, value 2l. 5s., 1 10l. Bank-note, 8 shillings, and an order for payment of 6l. 1s.; the property of Frederick Lipscombe, in his dwelling-house.—2nd COUNT, receiving the same.
FREDERICK LIPSCOMBE . I am a water-filter manufacturer, and live at 233, Strand. On the afternoon of 3rd Dec. I was alone in my shop—I had occasion to go up-stairs—I was not away above a minute—I left the shop door open—when I came down I missed a desk about two feet wide, which had been near the shop door—it was quite safe when I went up—there were several account-books in it, some paper, a 10l. bank-note, which I received from Mr. Wilkins, a check for 6l. 1s., several postage stamps, and some loose silver—the prisoner had been in my employ, but had left me about seven months—he knew that I kept the money that I took during the day in the desk.
Prisoner. Q. While I was in your service did I not behave honestly? A. Yes, you received money for me, and conducted yourself well.
RICHARD HOLLYER . I am shopman to Mr. Knight, a baker. On 3rd Dec. the prisoner came to the shop and paid a small amount for bread, which he had owed some time, with this 10l.-note—I got it changed at Mr. Dicker's, the butcher, next door.
JOSEPH THOMPSON (police-sergeant F 11). I received information of this—I went to Euston-square Station and telegraphed to Liverpool—I then went to Liverpool and received the prisoner in custody—I received these postage-stamps and this check for 6l. 1s., which the sergeant said, in presence of the prisoner, had been picked up at the prisoner's side—he said a gentleman who came out of the carriage said the prisoner had dropped it—the prisoner heard it, but said nothing at the time—he afterwards said, "I can account for the 10l. note, and the check and postage-stamps; two men met me and asked me to change the note, and they gave me these papers rolled up"—I then went to Nottingham-court; I found these pieces of a desk, one piece has been burned in the fire.
ELIZABETH ATKINS . I live at 15, Nottingham-place, where the officer found this desk—the prisoner came there for a lodging on Monday, 2nd Dec.—he remained there that night—I went out to work next day, and I saw no more of him—I left him there on the morning of 3rd Dec.—I do not know when he went away.
Prisoners Defence. I am innocent of stealing the desk; I am guilty of changing the note; the baker has known me for fifteen years; this is the first time I have been charged with doing anything wrong; no one saw me take the desk; my brother-in-law lives at Liverpool; I went there to get another situation.
GUILTY of stealing. Aged 34.—Recommended to mercy by the Jury.—
Confined Four Months.
MR. ROBINSON conducted the Prosecution.
PAULINE ELIZABETH MANSELL . I am single; I live at 243 Strand—I lived housemaid at the Mitre Tavern, Fleet-street, the beginning of this month—this watch (produced) ismine—I put it in my box on Tuesday, 3rd Dec., at Rawlings'; a hair-dresser, in Fetter-lane—I locked the box; I wanted that and two other boxes carried to my present lodging—on the Tuesday afternoon the prisoner offered to take them, and he took them about nine o'clock—I saw the box on Wednesday morning, and it had been opened; when I put my key in, the lock came away—on the Sunday morning I missed my watch—I spoke to the prisoner on Monday, and said, "My watch is stolen, if anybody gives me any information about it, I will give them half-a-guinea"—he said he knew nothing about it, and assured me the box was secure when he took it to my lodging—I went to him several times afterwards about it—I told him I could get no information about it—he assured me he knew nothing about it—he at length gave me this duplicate and said, "Oh! forgive me"—I asked him how he got the watch—he said it dropped out of my box as he was carrying it along—this chain is not mine.
Cross-examined by MR. PAYNE. Q. Did you get the 10s. the watch was pawned for? A. Yes; the barmaid brought it me on the Thursday morning—the prisoner gave me the duplicate on the Wednesday night—I had not the duplicate on the Thursday morning, I had given it to the officer—the reason I left the Mitre was because the waiter was seen in the
bedroom with me, and that is the truth—I did not ask the prisoner to go to Jullien's concert with me; I was not very intimate with him, only he came backwards and forwards to the Mitre—he is nephew to Mr. Gears, who keeps the Mitre—I saw him afterwards in Fetter-lane—I did not go out with him when he offered to carry the boxes—I did not go at any other time—when I received the 10s. I did not say I would forgive him—he said that, and I said, "Very well"—I did not ask the prisoner to take me to Jullien's concert, nor did he say he had no money—I had a young lady going with me, and I would not have thought of asking any one to go—I left the Mitre on the Monday night.
JOHN WATSON . I am assistant to Mr. Tate, a pawnbroker. I produce this watch; it was pawned, I believe, by the prisoner on Monday, 9th Dec.—I gave this duplicate—I have no doubt the prisoner is the boy who pawned it.
HENRY WEBB (City policeman, 258). I saw the prisoner in Fetter-lane on Wednesday morning, 11th Dec.—I asked him if he knew anything about the watch stolen from the box—he said he did not, so help him God; I asked him if he knew anything about the lock—he said it was safe when he left it—he said Mrs. Barr had pawned a watch at the bottom of Eyre-street Hill, Leather-lane—I went there—1 came back and saw the prisoner—I told him I would meet him again at six o'clock that evening—I went at that time; he did not come—I apprehended him the next morning, in Norwich-court.
GUILTY . Aged 17.—
Recommended to mercy by the Jury.— Confined Three Months
MR. M'MAHON conducted the Prosecution.
JOHN JONES (policeman, T 210). On 11th Dec. I was on duty in Princes-road, Notting-hill—I saw the prisoner about five minutes before nine o'clock in the evening walking along the road with these three pieces of board over his shoulder—I stopped him, and asked where he got them from; he said from his master, Mr. Pocock, in Lad brook-square—I said I would take him to his master—he went with me, about 300 yards, to the corner of Princes-road—he then said he did not know where his master lived—I told him I should take him to the station—he said, "Let me go to my house"—I took him to his house, No. 27, Prince's-place, I found there three pieces of deal-board, thirteen pieces of stained-glass, eleven squares of crown glass, seven pieces of mahogany, about eighty feet of wood altogether, and twenty feet of wood moulding—they were partly in the cellar down-stairs and partly in the room—a person went into the house with the prisoner, but he had nothing in his basket—I produced the articles at the police-office; part of them are here.
WILLIAM BROWN . I am foreman to Mr. Thomas Pocock—he is building some houses in Kensington-park-road—the prisoner had been in his employ about six months, as a carpenter—he was working wood moulding the same pattern as this—the prisoner had no right to move any of these.
Cross-examined by MR. ROBINSON. Q. How far is where Mr. Pocock lives from Ladbrook-square? A. About 300 yards—this moulding is the same pattern as that used at that work—the prisoner's work was to make moulding—Mr. Pocock has fourteen or fifteen houses—I have not missed anything myself.
NOT GUILTY .
MR. M'MAHON conducted the Prosecution.
(The prisoner's statement before the Magistrate was here read—"The mahogany is my own property, and so is the rest of the property, with the exception of the three boards the officer stopped me with.") NOT GUILTY .
PETER BARLOW . I am in the employ of Mr. William James Ferrer, of Perrivale—I was at work for him on 14th Dec.—I had my master's saw to take care of—I laid it beside the hedge of the turnip-field—I saw two chaps come to the place—I took no notice of them, but when I came to the place I could not find the saw—I told the policeman about it.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
WILLIAM BINGLEY . I am time-keeper to Messrs. John Peto and John Briant; the firm goes by the name of Briant, Price, and Co. On 29th November I was on their premises, about six o'clock in the evening—I saw Robert Thompson go through the counting-house, and he went back again and went out into the yard, and when I listened I heard the middle gates make a noise (those gates divide the yard into two parts)—I went out and saw a bundle of leather, containing twenty-five pieces tied together against the gate—that was not its proper place—I stood close by the counting-house door and watched—I saw a man take the bundle, put it under his left arm, and go out of the wicket-gate into Dacre-street—I said, "Halloo, where are you going with that leather?"—he made no reply—I could not follow him, being lame, but I called to Mr. Fowles, who was in the office, and he came out directly—this was about twenty minutes past six o'clock—the man who took the leather had got on a cut-away coat, buttoned with one button at the top, light buff-coloured trowsers and a cap on, which was on one side—to the best of my belief it was the prisoner, John Thompson—I saw John Thompson brought to the counting-house
the same evening, about eleven o'clock—he was then dressed just as I have described—he had been employed on the premises for years, off and on, so that he knew the premises well—Robert Thompson used to work there, off and on—Robson's coming through the counting-house would be nothing strange.
Cross-examined by MR. O'BRIEN. Q. What time do the men leave work? A. About eight o'clock—there were men at work not above one hundred yards from where the leather was—we had very few men at work that evening—I don't think we had above three or four at work in the currying department—Robson was at work with his father and two more—I gave information about John Thompson's dress, before he was brought in in custody, but not his person—I was acquainted with his features—Robson was at work in the currying-room—he would have to go through the counting-house to his work.
THOMAS FOWLES . I am clerk to the prosecutors—Robson was in their employ. On the 29th Nov. I heard Mr. Bingley calling in the yard—I went out in the street immediately—it was very dark—I could not see immediately, but I saw three men crossing the street about fifty yards from the premises—I could not see their countenances—I followed them—two of them went through Jeffry's-buildings, in the direction of the Almonry, and one ran down New Tothill-street, in the direction of Tothill-street—when they separated they were about eighty yards from the premises, and they had turned a corner—they separated in New Tothill-street, which crosses Dacre-street—I observed that the two men were very close together, but I did not see anything between them—I followed the one who went down New Tothill-street, and lost sight of him—I turned back into Dacre-street, and saw Margaret Scott; she pointed out the direction in which some persons had gone—I saw her when I first got into Tothill-street, and I saw her again when I turned back—the men must have passed within a foot of her—there were no persons running but the three men.
Cross-examined. Q. The night was very dark? A. It was very dark indeed; when 1 first looked out I could see no one; I could bear persons' feet—had they not crossed I should not have seen them, but there was a light at the top of the street—I saw some figures cross in Dacre-street—I lost sight of them when they turned a corner, I got sight of them again as I turned from Dacre-street to New Tothill-street—I got sight of two men passing into Jeffry's-buildings, that was about twenty yards beyond where Scott was—I saw Scott when I first turned the corner, but I did not speak to her—when I turned back I spoke to her, and heard her say something—I think Robson had been at work on the premises six or seven years, and Thompson eight or nine years.
MARGARET JANE SCOTT . I live with my mother, at 14, Dacre-street. On 29th Nov., between six and seven o'clock in the evening, I was at the top of Dacre-street, where it runs into Tothill-street—I saw Robert Thompson and Robson—Robert Thompson said to Robson, "Tell him not to be long"—they had been running together in a direction from Old Tothill-street into New Tothill-street, and they stopped at a chandler's shop—when Robert Thompson said this, Robson went away, and came back again in two or three minutes, with John Thompson, and they were carrying a bundle, tied in three places—they were walking—that was at the top of Dacre-street—I do not know how far it is from the factory—
John Thompson then gave his end of the bundle to Robert Thompson—they crossed the street, and Robson and Robert Thompson went down Jeffry's-buildings, and John Thompson went down New Tothill-street, in the direction of Old Tothill-street—(Robert Thompson stood still by the chandler's shop after Robson had left him)—I saw Mr. Fowles come up after them, in a few minutes—he was running in the same direction—John Thompson was then in sight—Mr. Fowles ran by me, and down New Tothill-street—hellost sight of John Thompson, and came back to me, and I spoke to him—I knew the prisoners before by sight, but I had had no conversation with them—Robson's father and mother live at 7, Dacre-street, and he lives at No. 13—Robert Thompson lives in Tothill-street, and John Thompson in Dacre-street—the bundle was about two feet long, and had two strings across it, and one up the middle—they knocked against me.
Cross-examined. Q. When first you saw the men they were coming up New Tothill-street out of Old Tothill-street? A. Yes; they were going towards the factory, and running very fast—there were only two then, and they stopped at the chandler's shop—Robert Thompson lives next door to the shop—Robson ran towards the factory, and Robert Thompson stopped by the window—I am sure he remained there all the time till the other two came walking up in two or three minutes—then it was that I saw the bundle—it was not very dark; but if it had not been for the light of the chandler's shop I should not have seen what they had—they stopped while John Thompson gave his end to Robert Thompson—they did not remain together long—they might have talked, but I did not hear what they said—they then began to run, after remaining two or three minutes—Mr. Fowles came up in about a minute or a minute and a half.
JOSEPH CHARLES WRIGHT . I am a beer-seller, and live at 12, Dacre-street. I know the prisoners well—they have been in my house—on 29th Nov., about six o'clock in the evening, I was coming out of the wicket-gate at the prosecutor's—Robson went in, and Robert Thompson went by to get into the yard.
EDWARD DOWNING (police-sergeant, B 46). On Friday, 29th Nov., from information, I went after the prisoners—I found John Thompson in bed at his residence—I told him he must get up; Mr. Peto wanted to see him—he said, "What can Mr. Peto want with me?"—Mr. Peto, who was with me, told him there had been a great quantity of leather stolen, and he must consider himself in my custody—I took him to the counting-house, and left him there in charge of another officer—I went down Dacre-street, and I saw Robson and Robert Thompson coming up New Tothill-street, towards Dacre-street—I told them they must consider themselves in my custody, for stealing some leather—Scott was sent for, and she pointed out John Thompson as the man she had seen with the leather first, and Robson and Robert Thompson as being the persons who received it of him—I took them to the station.
ROBSON— GUILTY . Aged 21.— Confined Twelve Months.
JOHN THOMPSON— GUILTY . Aged 32.— Confined Six Months.
ROBERT THOMPSON— NOT GUILTY .
JANE MORRIS . I am the wife of Edmund Emanuel Morris; we life at 20, Wych-street. The prisoner came to me, about a fortnight ago, to be employed—I did not know her before, but she told me she was in great distress, and I took her into my employ—in a week and three days afterwards she got tipsy, and my husband complained to her of her conduct—I saw her go out of the house with a bundle last Friday morning—I followed, and overtook her—I said, "You good-for-nothing woman, come back"—she threw the bundle down—it contained this coat and sheet, and other things—they are my husband's—I believe she would not have done it if she had not been drinking—she had been out to get some things for breakfast.
Prisoner. I beg for mercy.
GUILTY . Aged 35.— Confined Three Months.
MR. LAWRENCE conducted the Prosecution.
MARY ANN AUSTIN . I am in the service of Mr. Bagster, of 15, Catharine-street, Strand. On 11th Dec, at half-past seven o'clock in the evening, I saw Walters come out of the Standard of Freedom office at the private entrance with a ream of paper on his shoulder—it had a wrapper on it—Mr. Green spoke to me—I know the whole of the persons working on the prosecutor's premises—I know Walters by going to serve him with beer.
Cross-examined by MR. O'BRIEN. Q. Where were you? A. In Angel-court—the entrance to the Standard of Freedom office comes into that court—I knew Walters by being at work there—I did not speak to him—I believe there are a great many papers printed there, and a quantity of paper is brought in continually—what I saw was called a ream—I should know the difference between a quarter of a ream and a ream—I would not swear it was more than half a ream.
JOHN GREEN . I live at 15, North-street, Lambeth. I am clerk to Mr. John Cassell, the proprietor of the Standard of Freedom, 319, Strand—there is a private entrance into Angel-court—on the evening of 11th Dec. the last witness came to me, and in consequence of what she said I went to Mr. Mitchell who works in the office—in consequence of what he said I went to a house in Water-lane—I went into the back room of a shop, where I saw the two prisoners, and a ream of paper on one of the counters untied—the prisoners seemed to be speaking, and Tant said to Walters, "I told you I would have nothing at all to do with it"—Walters was asked by Mr. Mitchell what he did it for—he said he was very sorry for it—I went out to fetch the overseer, and met a constable in the Strand, and returned with him—I then found the paper on the pavement outside the shop—the policeman went into the room, and we went in after him—the room was in darkness—I got a light, and we then found Tant in the room—we took the paper to the station—as we were going, I saw Walker standing at the door—we told him he must go with us—he said he would—he then made a run—he was pursued, and taken back.
Cross-examined. Q. How many papers are printed in that office? A. The Standard of Freedom, and the Freeholder once a month, but not on
the same size paper as this—what is printed on this is the "Working Man's Friend"—this is called double crown—it is the property of John Cassell.
JAMES DARKIN . I live in John-street, Islington. I am overseer at the office of the Standard of Freedom. On the evening of 11th Dec., Mr. Green made a communication to me, and I went to Water-lane—I saw a ream of paper outside the house, and inside was a quantity, apparently about two reams—the room was dark—a light was brought, and there was Tant—considerable surprise was expressed that another party was not there—I had taken a policeman with me—when we came out, the paper was placed in a cab—we had found about two reams in the shop, and it exactly corresponded with what we had seen outside—it was white paper, and is technically called double double crown, a peculiarly large kind of paper—it is used very extensively by Mr. Cassell—it was regularly made for him—very few printers use it, it being very large they must have machinery purposely for it—when I left the house in Water-lane, I proceeded to Mr. Cassell's to put on another coat to go to Bow-street, and at the door of the Economist-office, which is three or four doors from Mr. Cassell's, I saw Walters standing—I told him he must proceed with us—he went part of the way, and then ran down a court—he was pursued and taken—I had some conversation with Tant at the station with reference to the two reams of paper found in the shop, not the ream that Walters was seen with, which was outside the door.
Cross-examined. Q. Who had charge of Mr. Cassell's paper? A. It was placed in the warehouse—I cannot say that it was in anybody's specific charge—Mr. Mitchell, the manager of the machine-room, generally comes and takes it from the warehouse—he would put an account in a book of what he took—I cannot tell how many reams of this double double crown were on the premises, without taking stock.
THOMAS ANSCOMB (policeman, F 63). I went with Mr. Green, to 1, Water-street. I there saw a ream of paper lying ten feet from Tant's door on the pavement—when I got in, the room was dark—a light was produced, and I saw Tant in one corner of the room—there were two reams of paper there also—I did not have any conversation with him at to the ream that was outside—I took Walters into custody—he said he would go quietly to the station—I did not go with him—I went back to search the premises.
Cross-examined. Q. Do you not supply various sorts of paper to Mr. Cassell? A. Yes; there is no mark to distinguish this from paper sent to any one else—our wrapper is not round this—I do not know that we supply any one but one roan, a ream at a time—I could not swear that we do not supply others—we have a large quantity on hand on our premises.
(Walters received a good character.)
WALTERS— GUILTY . Aged 27.—Recommended to mercy by the Jury.—
Confined Four Months.—TANT— NOT GUILTY .
MR. LAWRENCE conducted the Prosecution.
JOHN GREEN . I am clerk to Mr. John Cassell. In consequence of information, I went to a house in Water-lane on 11th Dec.—we procured a candle, and Mr. Darkin and me, and the policeman went—I saw about two reams of double double crown paper on the opposite counter—I work for Mr. Cassell, and know the paper used in his office—it is a peculiar size, and very large—on seeing it, Mr. Darkin said, "This paper is the same size as is used by us; there is no doubt it belongs to us"—it was taken to the station—the prisoner was in the house—he said he would have it weighed first.
JAMES DARKIN . I am overseer at the office of the Standard of Freedom. On 11th Dec. I went to the prisoner's house, in Water-lane—I saw on the table, or counter, about two reams of this peculiar-sized paper—I should not be able to identify it by any other means than its general appearance—I said, "In all probability, this also is our paper"—the prisoner, I think, said, "No, no; that can't be; that is my property"—the policeman said, "All paper must be taken to the office"—the prisoner insisted on its being weighed, and he chalked down the weight on a board—when at the station, I pointed to the paper, and asked the prisoner, as he had intimated to me that the paper was his own, if he had any objection to state from whom he got it—his answer was that he did not claim it as his property, that I was mistaken, that he had it from the same party early the same morning—I understood he meant Walters—I believe he pointed or made a motion towards Walters, who was sitting on a form in the same station.
Cross-examined. Q. Were not the words that Tant used, that the paper was not his at all, but it was left at his house by the same party? A. To the best of my belief, and on my oath, the words were, "I had it from the same party early this morning."
THOMAS ANSCOMB (policeman, F 63). I went to the prisoner's house in the evening of 11th Dec.—I found the room dark—I got a light, and saw the prisoner standing in the corner of the room—before I had a light, I called, "Is any one here?" and no one answered—when I saw the prisoner in the corner of the room, I said, "Why did you not answer me when I spoke?"—he made me no answer—I saw two reams of paper on the counter—he said, "That is my paper; I will have it weighed before it goes out of my place, or I might be robbed of it before it was returned to me again."
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
HENRY GALBRAITT CAMPBELL . I am a carpenter, in the employ of Mr. John Jay. He has some wharfs in the City-road, and employs a great many persons—Goodman was in his service, as watchman—he was to be on the side of the coffer-dam that we are making—I have seen these pieces of timber; one of them I particularly know from its being driven
in the ground two or three times—it was on Mr. Jay's premises—it is my full belief they are both Mr. Jay's property.
Cross-examined by MR. RIBTON. Q. What are these used for?. A. For the piles to drive on—this one I can speak to, from the untradesman-like manner in which it has been cut off—there might he other pieces like it, but I can swear to it from its being under my notice.
Cross-examined. Q. Are you in the employ of Mr. Jay? A. Mr. Campbell set me on, but I am under Mr. Jay—I do not swear to the other piece.
JAMES ABRAHAM (policeman, S 296). On 2nd Dec. I was on duty in Acre-lane, near King's Cross—I saw Goodman come out of the dust-yard at twenty minutes past eleven o'clock—he bad these two pieces of timber—I watched him to a beer-shop kept by Hiron—I saw him go into the house, and be returned in half a minute, with Hiron—Hiron took up this large piece of timber—he said, "This is a fine piece of wood, I shall give you a pot for this"—Goodman said, "Here is another piece"—Hiron said, "I shall give you a pint for that"—Hiron took the large piece, and carried it to the wash-house, and Goodman took the other, and followed him; both the pieces were thrown into the wash-house—the two prisoners then went into the beer-shop—I stood in the road, and saw Goodman drinking from a pint-pot, in front of the bar—he then came into the road, and I said, "What was it you took to the beer-shop?"—he said, "Nothing"—I said, "I know better than that"—he then said, "If the truth must be told, I have taken two pieces of timber"—I said, "Whose is it?"—he said, "My master's; I am watchman to Mr. Jay"—I told him he must go with me—he said, "What for?"—I said, "You know what for, these two pieces of timber"—he said, "Let me go back to fasten up the shed, where the tools are"—I took him to the wash-house, and showed him the two pieces of timber—he then said, "Here is a bottle of beer that I had for it"—I took the bottle from him, this is it, I then went to the front-door, and saw Hiron—I said to him, "I have taken this man for stealing two pieces of timber belonging to his master"—he said, "I gave a pot of beer for it"—I said, "You gave three pints"—he said, "Drink the beer, and have some more to it"—I said that was not the way I did my business—I took Goodman, and went next morning to Hiron, and told him to go before the Magistrate, as a witness; and then, by the Magistrate's order, he was placed at the bar.
Cross-examined. Q. How far are Hiron's premises from the yard? A. I should say 120 yards—I was about eight yards from them, under the pales, when this conversation took place—the wash-house is eight or nine yards from the public-house—there is merely a hatch-door to it—Hiron threw in the biggest piece of wood, and Goodman the other piece—Mr. Jay's premises are close to the canal—they had been damming the water in, for some purpose—I never saw any pieces of wood float down the canal—I am there at all hours of the night.
(Hiron received a good character.)
GOODMAN— GUILTY . Aged 50.— Confined Six Months.
HIRON— NOT GUILTY .
MR. COCKLE conducted the Prosecution.
PETER FREDERICK HARMS (through an interpreter.) I am a sugarbaker, and live at 4, Leman-street. I was with Mary Ann Smith, in Leman-street, at a little before ten o'clock on a Monday night in last month, close by the railway arch—the two prisoners came up, and Welch used some bad language, and he pushed me about—I told them, in German, to go away and leave me alone, and Smith spoke English to them—they went a few steps and came back—there was no quarrelling, but Welch knocked me down, and when I was down they tore my trowsers and waistcoat, and took my watch, and kicked me—I only had my eye on Welch—M'Guire was close to me, and he kicked me likewise—my watch was in my trowsers pocket, and fastened to a chain round my neck—about two minutes before they came up, I had looked at the time, and it was ten minutes to ten—I had not seen them before I pulled out my watch—I have never seen my watch since—I have seen my chain—I kept hold of Welch till the policeman came, and I gave him into custody—as soon as I rose up from the ground, I did not see M'Guire.
Welch. I was in liquor at the time; he spoke to me in English. Witness. No, I did not speak English; the girl did—I do not think he was in liquor.
MARY ANN SMITH . I live in Parker's-folly. I was with the prosecutor, in Lambeth-street, on 25th Nov., about a quarter to ten o'clock—the two prisoners came up as we were standing under the arch, talking—he pulled out his watch to look at it, and put it into his pocket—he was bidding me good night, and Welch came up and began to push us about—I told them to go away about their business, and Welch used bad language, and said he should not, and he would knock my eye out—the prosecutor told them to go—he said he would serve him the same—he then struck him and knocked him down—they were wrestling together; Welch was on the top of him—I saw his shirt was pulled out, and his waistcoat and trowsers were open, and the flannel under his shirt was torn open—M'Guire was a short distance from Welch—the prosecutor got up, and in a few minutes I saw Welch hold out his right hand to M'Guire—I saw the watch-guard in Welch's right hand; I snatched it with my left hand—I am not able to say whether anything passed between the prisoners, but I heard M'Guire say, "I have got enough; now I will go"—the policeman came up—I did not see M'Guire again.
M'Guire. Q. Did you see me with a watch, or anything in my hand? A. No.
ANDREW GERNON (police-sergeant, H 10.) On 25th Not. I heard cries, and I went to the railway arch, about ten o'clock at night—I found Welch holding the prosecutor by the breast with his left hand, and striking him about the head and face with his right hand—Smith was pulling him off
the prosecutor—I secured Welch, and saw in his right hand this watch-guard—Smith snatched it from his hand, and gave it to sergeant Weakford—she said the prosecutor had lost his watch, which had been dragged out of his trowsers-pocket by the prisoner—I examined his trowsers, and found they were torn down—I took Welch to the station, he did not say anything—the prosecutor did not speak English.
THOMAS WEAKFORD (police-sergeant, H 5). I was with sergeant Gernon—I saw Welch taken—I saw this watch-guard in Smith's hand, and received it from her—I took M'Guire on 4th Dec.—I told him it was for stealing a watch and guard from a man in Leman-street—he made no reply, but on the way to the station he said it was a bad job—I fetched Smith to the station; M'Guire was then in the dock with other prisoners—he was at the further end; she pointed him out—I took him from the description I received from the witnesses.
THOMAS CONNELL . I have been in the army, and now work at the docks. On the night of 25th Nov. I was coming out of Chambers-street—I heard a woman cry, and I went and saw Welch and the German struggling together—I called for the police, and told a boy I would give him a penny to fetch a policeman—Welch held out his hand—another person got hold of his hand and went away.
M'Guire. Q. Am I the person? A. I would not swear to you positively.
Welch's Defence. I was going home; I saw these two persons, and what I thought was very improper; I said, "You ought to be ashamed of yourselves;" he turned round and said, "Do you call my wife a b—h?" I said, "No;" he spoke English, and he struck me, and I struck him, and we were fighting till the officer came up; this other prisoner was not there; I had not seen him for four or five days.
M'Guire. I am innocent, though the witnesses swear against me.
WELCH— GUILTY . Aged 26.— Confined Nine Months.
M'GUIRE— GUILTY . Aged 36.— Confined Six Months.
THIRD COURT.—Friday, December 20th, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; Mr. Ald.
FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
276. HENRY THOMPSON , stealing 3 pairs of boots, value 10s.; the goods of George Wilton : also, 7 pairs of boots', 2l.; the goods of Joseph Henry Harrap : also, 4 pairs of boots, 26s.; the goods of William Chapman ; also, 4 pairs of boots, 20s.; the goods of James Oliver :also, 3 pairs of boots, 18s.; the goods of Thomas Lilley: to all which he pleaded
GUILTY .— Confined Twelve Months.
JOHN GOULD . I live at Little Ealing, and have a skittle-ground there. On the night of 14th Dec, the prisoner and ten or twelve more were at the skittle-ground, and left at ten o'clock—in consequence of what I was told after they were gone, I missed a skittle-ball, and gave information to the
police—this ball (produced) is it—there are three marks on it by which I swear to it.
Prisoner. Q. Did you see me with the ball? A. No.
MARY ANN ROBINSON . I am servant to last witness. I saw the prisoner running on his tiptoes from the skittle-ground towards the pigsty at the further end of the yard—he could get over the palings into the fields that way—I did not see that he had anything, I only saw his back; his hands were in front of him—he came back in about twenty minutes—I have known him several years.
GEORGE KING . I found this ball in a pond in the field, about 250 yards from Mr. Gould's—I saw footmarks from the pales to within fifty yards of the pond—I saw the policeman compare some shoes with those marks, and the heel, which had been worn away, and the nails, corresponded—they are the same sort of shoes as many boys wear.
WILLIAM MARSH (policeman, T 232). I was on duty at Ealing about ten o'clock—I received information, and saw a person in the field where the pond is, and about fifty yards from Gould's—he was standing still at first, and afterwards ran—I ran after him, and lost sight of him—he was very like the prisoner—I went back to Gould's public-house, and found the prisoner sitting in the tap—I took him into custody.
NOT GUILTY .
ROSINA HOWARD . I live with my father, Charles Edward Howard, a stationer, at Catherine-street, Hoxton. These books (produced) are my father's—I know them by private marks, and by their being soiled—on 30th Nov., about half-past ten o'clock, I went into the parlour at the back of the shop, came out again, and saw the prisoner run out of the shop with the books under his arm—I had seen them safe two or three minutes before—I saw him in custody two hours after—he was alone—I am sure be in the man—I had never seen him before.
Prisoner. Q. Did you not say you thought I was the man, but you did not know? A. I did say so, but I knew you by your coat and the dirt on the back of it—the policeman did not call me on one side and tell me what to say.
WILLIAM MORRELL (policeman, N 135). On 30th Nov., a few minutes after half-past ten o'clock, I was on duty in Plummer-street, Shoreditch, and saw the prisoner put these books into his coat-pocket—I followed him, and asked what be had got—he said some books—I asked where he got them—he said he bought them in Bishopsgate-street—I asked where—he said he should not tell me—I took him to the station, and then he said he bought them in a turning out of Brick-lane—I went there, and there was no bookshop there.
Prisoner. Q. Was any one with me? A. A little boy; I did not see him give you the books; you had not got them under your arm selling them when I took you.
EDWARD BARBER (policeman, N 9). I produce a certificate of the prisoner's conviction—(read—Convicted at Clerkenwell, Aug., 1849; Confined three months)—I was present; the prisoner is the person to whom it refers.
GUILTY . Aged 43.— Confined Twelve Months.
MARGARET AIRBURG . I am a widow, and keep a house, 12, Mill-yard, Leman-street. The prisoner was in my service—I had a sovereign and a shilling in a small china box in a chest when I went to bed on 22nd Nov., I placed the keys in my pocket and under my pillow, where I always keep them—the prisoner knew my habits, and where the box was—in the morning the prisoner was gone, and I missed a shawl from behind the door, saw the padlock of the box lying on the floor, and then missed the 1l. 1s.—the prisoner was away three weeks, and I then found her at the station.
Prisoner. An old woman slept with her that night. Witness. No, no one but the prisoner.
THOMAS KELLY (policeman, H 2). I took the prisoner on 13th Dec., and told her she was charged with stealing three sovereigns, which I then understood was the charge—she said, "The old b—is a liar, I only took 21s., a sovereign, and one shilling, and I smashed it all in drink the first night"—I then said she was charged with stealing a shawl—the said, "I did, I pawned it and sold the ticket for sixpence"—I took her to the station.
GUILTY . Aged 35.— Transported for Seven Years.
MR. O'BRIEN conducted the Prosecution.
THOMAS PHILBROW MILLER . I am a printer and engraver at 8, Queen's-terrace, Marlborough-road, Chelsea. About five years ago, I engaged the prisoner as errand-boy, and he remained with me about two years—about nine months ago he returned to my service, and remained till two month's since, when he took a house in the same street, and commenced business on his own account—on 9th Nov., between eight and nine o'clock in the evening, in consequence of information, I went with a policeman to his printing-office, and found property belonging to me—I asked him where he had obtained it, and he said, "I, am sorry to say, Sir, that that property I have taken from your premises"—I then drew up this rough document, and an order to remove my property from the premises—I told him to sign it, and he did so—I used no inducement to him to do so—(read)—"I, James Wakeham, do acknowledge that the things found on the premises belonging to Mr.—situated in the Marlborough-road, Chelsea, was purchased by means furnished by Mary Ann, servant of Mr. and Mrs. Miller, residing at Marlborough-road. I also acknowledge that all the goods in the front-room, situated at the house, No. 37, Arthur-street, in the parish of St. Luke, Chelsea, belong to Mr. Miller, aforesaid; 9th Nov. 1850. J. WAKEHAM.")—I had a servant named Mary Ann—she had no authority to give the prisoner any of the property—she was seduced by the prisoner, has been confined, and is dead—I found about two cwt. of type, and various books, my property—I got the key of the premises, and gave the prisoner in charge—I did not appear
against him, as I did not wish to press the charge on account of his youth, and he was discharged—in consequence of information I received, I afterwards gave him into custody again—I have lost a great quantity of type—I had seen some of it safe on the night of 8th Nov.
Cross-examined by MR. WOOLLETT. Q. Are you the person who was standing behind my friend just now? A. I was—I did not hear you ask for the witnesses to be out of Court—the servant who is dead, was not the niece of my wife, or the person living with me; she was no relation at all—I decline to answer whether I am married or not—I do not know whether Mary Ann Motram was the niece of Miss Williams—I never heard the name of Miss Williams—I swear I have no female living in my house—at the time the property was taken, I had no female in the house except Mary Ann Motram—I never had the brokers in my house—every thing in the prisoner's house was mine; it consisted of chairs and tables, and a great variety of things—it was either stolen from me, or furnished by my means—I am not aware of its leaving my house—my house has seven rooms—(referring to the paper)—I will not tell you who Mrs. Miller is—the property in both the prisoner's places belonged to me—I have not charged him with stealing the whole—I gave him in charge the second time for stealing the same type he was first charged with—I cannot tell whether it was between the first and second times of my charging him that Mary Ann died—I know nothing of her death—I cannot tell when it was.
WILLIAM MATTHEWS . I am errand-boy to Mr. Miller. The prisoner left there about two months ago—he was pressman, and used to work at the cases and presses sometimes—on a Monday morning, about five weeks ago, since he has left, when I came to the premises at half-past seven o'clock, I found him there—he showed me where the key was, and then left—he had come to me on the Sunday, and said, Jane, who is the mother of Mary Ann, had sent him for the key—I was present when the foreman locked up the premises on the Saturday night, about half-past eight, and he then gave me the key—my master came home on the Monday, between twelve and one.
Cross-examined. Q. Did you tell the foreman of this? A. Yes; he is here—I saw Mrs. Miller about two months ago, but not since this property was taken—she was there a week before—I do not know whether Jane is her sister; I have seen them speaking together, and having tea together—I do not know whether they were very intimate—I have frequently seen Mary Ann there talking to them very friendly—I do not know what has become of Jane Motram; I believe she is at Wandsworth—I do not know where Mrs. Miller is—she is not living with the prosecutor now.
WILLIAM HILL (policeman, B 176). On 9th Nov. I went with Mr. Miller to the prisoner's printing-office, in Marlborough-road, and found a quantity of type, books, rollers, and other articles—Mr. Miller said to the prisoner, "Why everything in the place is mine"—the prisoner said, "Yes, that is true," and begged him not to press the charge—he told me that the brokers were expected, and he thought he might as well have them as them—when I took him afterwards he said Mrs. Miller gave Mary Ann orders to take them away, and Mary Ann told him to get away what he could—I afterwards found him at 37, Arthur-street, and I heard Mary Ann's voice there, but I did not go into the room, as she had been recently confined, and she has since died—the
document produced was drawn up in my presence—the prisoner was taken to the Pimlico station, and Mr. Miller refused to press the charge—he did not say why.
Cross-examined. Q. What did he say? A. He asked the inspector whether that would prevent him charging the prisoner another time—the prisoner was not taken again till 5th Dec., a fortnight after Mary Ann Motram's death—I had received orders, before she died, to take him—she was dangerously ill at the time.
COURT. Q. Did the prisoner live where the business was carried on? A. No, he lived at 37, Arthur-street, and the shop where this document was written is in Marlborough-road.
EDMUND KNIGHT (examined by MR. WOOLLETT). I am in the prosecutors's employ—I have known Mrs. Miller six years—I have not seen her the last six months—I do not know what has become of her—I have seen her and Mrs. Motram, who goes by the name of Sparks, together, and also the young woman who lived with the prosecutor—I have never heard the prosecutor say in the prisoner's presence that he would forego the charge, and give him 20l. if he could find out where Mars. Sparks was.
(The prisoner received a good character,)
NOT GUILTY .
MR. LAWRENCE conducted the Prosecution.
GEORGE WILLIAM TURNER . I am a grocer, and carry on business at 215, Whitecross-street, St. Luke's. On 29th Nov. the prisoner applied to me for a situation—I asked him where he had been living, and he stated with Mr. Preston, of the "Coffee-Pot," Queen-street, Ipswich, from whom I was to get his character, and as I was without a young man I engaged him for the following day, and he assisted me that day only—on the Monday following I wrote to Ipswich, and received this answer (produced) on the Wednesday; and in consequence of the character I received he came into my service on Thursday, 5th Dec—I afterwards received information from Ipswich, and kept a very sharp look out on the prisoner—on Saturday night, the 7th, about a quarter-past eight, a woman came into the shop and had goods—I did not observe what they were, but I heard the prisoner say, "11d. if you please"—I saw the woman put 1s. on the counter—he took it up, put it into the silver compartment of the till, and counted out nine, and put them on the counter in a pile, and said to the woman, "Nine and one are ten, thank you"—there were half-crowns among the money—it was nine shilling's-worth of silver—I did not see any penny—the woman then left—I had examined the till five minutes previous, and there was 10l. 10s. in gold in the gold compartment—I examined it afterwards and found the same—about ten o'clock on the Sunday morning 1 went and gave instructions to inspector Brannan, and on my return the prisoner told me the situation did not suit him, he wished to leave, the work was too hard—I asked him what sort of a shop Mr. Preston had at Ipswich, and said, "You told me you lived with him"—he said, "I did once, and I met him, and he told me he would give me a good character"—I said, "Will you tell me who the female was last night, of whom you took one shilling, and gave nine in change?"—he said he knew nothing about it—I gave him into custody—I afterwards went with
the policeman to No. 1, Harcourt-street, Bryanston-square, which address he gave, and a woman opened the door who was in my shop the night previous—(she was not the one that had the 9s.)—she had goods to the amount of 5d.—as she came to the door I saw her give a smile of recognition to the prisoner, who was with us.
Cross-examined by MR. ROBINSON. Q. Did you ever before mention a word about the smile? A. Yes, at the police-court—the prisoner said he thought I made my apprentice a sort of foreman—I had an apprentice and a lad in my service as well as the prisoner; they were in the shop this night—the prisoner did not tell me that he did not expect, when he came there, that he was to come as a porter—he never told me that my young men were continually swearing at one another, and other people, and he was treated more like a porter than a shopman—I had counted my gold more than twenty times in the course of that Saturday evening—I was within a foot of the prisoner, at his side, when he served the woman—the till was between us, and the woman opposite him on my right—I was in that position the whole evening—I swear there were two or three half-crowns among the money he gave her—this is the answer I got from Ipswich (produced)—it was a post letter—I have forgotten the envelope—it was the prisoner's duty to serve behind the counter—he did not sweep out the shop, and was never asked to do it—I will not under-take to swear he never did.
MR. LAWRENCE. Q. After receiving that answer, did you write again to Mr. Preston? A. Yes, and the letter was returned from the Dead Letter Office.
GEORGE GREATHEAD . I live at Wolsey-street, Ipswich, and am a mail guard at the post-office there—I know Ipswich very well; I know Queen-street well—I know no person of the name of Preston who keeps a grocer's shop there.
Cross-examined. Q. Do you mean you know nothing of the sign of the "Coffee-Pot," in Queen-street? A. There is no grocer's-shop of that sign—I do not know whether there is a Coffee-house of that sign—I do not know what all the signs are.
MR. LAWRENCE. Q. Is there such a place there with the sign of the "Coffee-Pot?" A. I have been going up and down there these two years, and never saw it.
(The prisoner received a good character.)
NOT GUILTY .
THOMAS WYLDE . I keep the Rose Inn, Old Bailey. On 26th Nov. the prisoner came and asked me to lend him two sovereigns, as he wanted to settle with some witnesses over the way—he told me he was a detective in the police, and was doing wonderfully well—I knew him four or five years ago, when ho was in the police, and on the Newgate-street beat, and I supposed he was still in the police—I lent him the two sovereigns, and he said he would return them in an hour—I let him have the money, because he told me at that time he wanted to pay the witnesses, and was a detective; not because I had known him in the police.
Prisoner. Q. What time was it? A. It was about two when you had the money—Harding was with you in the morning when you came, but not when you had the money—I did not ask you and Harding into
the parlour and to take a sandwich—I asked Harding to take a sandwich, and very likely you took one—when Harding was gone you came back again—he did not leave you and me in the parlour alone—I did not say to you, "If you want any money come to me for it; don't ask my father"—you had a great coat on, buttoned over your other clothes, which I did not see.
HENRY WEBB (Ciiy-policeman, 258). I took the prisoner in charge—he said he borrowed the money of Mr. Wylde to get a few things to take a superintendent of police's place in the country—he was not in the police on 26th Nov.—he has left three months.
Prisoner. Did I not tell you I borrowed the money of Mr. Wylde, and that I never named I was a detective officer or the name of police at all? Witness. You did.
JAMES HANDCOCK . I was at the Rose on 26th Nov. and saw the prisoner in conversation with M r. Wylde—the first words I heard him say were, that he merely wanted it to pay some witnesses over the way, and he should have it again in an hour—I did not hear the first part of the conversation—I saw Mr. Wylde hand him two sovereigns.
Prisoner. Q. What time was it? A. Between twelve and two, I did not take particular notice.
Prisoner's Defence. Mr. Wylde told me if I wanted any money to come to him for it; if it had not been for that, I should not have thought of borrowing it—I asked him to lend me the 2l., and said I would repay him in a few days—I did not use the word police or detective.
EDWARD HARDING (City police-sergeant, 3). I left the prisoner and Mr. Wylde in the parlour, and just as I was coming out of the side-door in the passage I saw Mr. Handcock walk in at the front-door opposite the bar—there are two entrances.
GUILTY . Aged 40.— Confined Twelve Months.
(Webb stated that there had been twenty similar complaints against the prisoner.)
JAMES BRADLEY CHAMBERLAIN . I am in partnership with Mr. Pearce, at 203, Holborn; we are opticians and dealers in pictures. On the evening of 9th Dec. the prisoner called on me—I had seen him several times before, but had had no previous transactions with him—he came about a case of pictures—I said the amount was large, and I should require a reference as to his respectability—he did not tell me where he wanted to take them to—he said I wanted to get or know his customers—I said I was incapable of that—he objected to refer me to any one in trade, as there was so much jealousy—I said I only wanted to know any one who had trusted him to that amount; I did not care whether it was a picture-dealer or not; but he gave me no reference that day—he came again next day about the same case of pictures—I had not seen them myself; they were packed up and lying in the shop at the time—the cost price of them to us was from 5 to 600l.—I asked him as to his respectability, and for a reference; and he produced a bill of exchange, drawn by a person
named Jocelyn, which he offered to deposit with me as security—this is it (produced by Walker)—he said he had taken it for pictures, and he had not parted with it, because he would not pay discount for it, that he might have the whole of the money to receive when it came to maturity—he said I might apply about it, and gave me a written direction, "Mr. Newnham, Bomshen, near Macclesfield, Cheshire," as the acceptor of the bill, and the name of a manager of the London and County Joint-Stock Bank at Worthing, who would answer any questions as to respectability—he had before that written his own address, in my presence, "28, Great Pulteney-street"—I did not on that occasion ask him where he lived, because I took it for granted that was right—he said he occupied the ground and first-floors, and that the furniture was his own—I was to write into the country about the bill of exchange, and he then left me—on the 11th he came again, and wished to take the picture in question, by Backhayser—he wished to show it to a young nobleman—I told him I had not received any answer from Cheshire or Worthing; and he said it was strange I had not—this memorandum (produced) was then drawn up; it was dated 11th, but altered on the following day to 12th—he expressed a desire, in the event of the young nobleman requiring the picture to be left beyond the night, to retain it; and I said, "Certainly not"—he said there was not time to get a decision: he left without it—it was the middle of the day—he called again, earlier, on the 12th, for the picture, and signed the memorandum I had drawn up on the 11th, and the 11th was altered to 12th—(read: "Heceived of Messrs. Chamberlain and Son, upon commission, a picture by Backhayer (125l. the cost price), the profit to be divided; to be returned or accounted for in the course of this day. 12th Dec, 1850. A. P. GILLIES") on receiving that, I gave him the picture—I remained at home till seven o'clock, and he had not then returned it—I returned home again between nine and ten, and the picture did not come back that night—on the following day, between three and four, he came to the shop, and I insisted on having the picture returned—he made some remark that I wished to get his customers, or something to that effect—I denied it, and said I insisted on having the picture returned, and I would not leave him till I got it—I went into the parlour to get my hat, and before I could get it he was out into the street, and I had some difficulty in overtaking him—I then told him if he did not take me to where the picture was, I should give him into custody—this was in the lower part of Oxford-street, and when we got into Hart-street he said I had entrusted him with it, and I might do my best and my worst—he afterwards consented to take me to his landlady, and I walked with him to Pulteney-street—he said I was very foolish; I should have the 140l.—he had said he had sold it to the young nobleman for 140l.—on the way to Pulteney-street he said he hoped I would not say anything disagreeable to his landlady to prejudice him—I said I only wanted my property—he took me to a street called Richmond-buildings, knocked at a door, and addressed the people in French—one of them said the person he asked for was ill, and another said the person was out, or was somewhere where he could find him—he said he would call again in twenty minutes, and prevailed on me to leave him for that night, and said I should have the picture returned—on the following morning, finding the picture did not come back, I went to 28, Great Pulteney-street, inquired about the prisoner, and found he did not live there—I turned
towards Marlborough-street office, to give information, and as I came to the corner I saw the prisoner—he bad evidently seen me before, and was all but into a public-house—I could just see it was him, but could hardly be certain till I got into the public-house, where I collared him, and said, "You are a swindler, and I will give you in charge to the first policeman I meet"—he begged me not to do so, and said if I would go to St. Martin's-lane he would give me the picture—I walked with him, looking about, but did not see a policeman—just as we got through St. Martin's-court, he rang the bell of an attorney, Mr. Columbine—a person opened the door, and he or the prisoner beckoned me in—I refused to enter, and, seeing a police-inspector passing, I beg ged him to come—he came in—we went up-stairs—I saw the prisoner and a clerk there, and I said, "This person has brought me here for the purpose of giving me a picture"—the clerk said, "We have no picture; we do not know him;" and I gave him into custody—this is the picture(produced)—believe it cost me 125l.—I should not have parted with it had I not believed what he represented was true.
Prisoner. Q. When was the first transaction I had with you? A. I think you have been in the habit of coming backwards and forwards three or four months—the transactions with you have been principally with my partner, subject to my ratification—my partner is my step-son—I had no complaint to make of you, or I should not have trusted you with this picture—you had some documents relative to a portrait we had: I was ignorant of it till my son told me so, when they were wanted—when you came, I asked you for them, and you gave them me back—I did not, on that occasion, tell you I had a very fine new picture, which I should be glad to show you, or say you would favour me by trying to sell it?—I never asked you to sell my pictures—my son told me that you had been for a case of pictures, amounting to 540l.—subsequently to your making these representations to me, and your having the Backhayser, my son let you have a picture by Sidone, valued at 80l.; you returned that because you had not sold it.
COURT. Q. You did not let him have this picture because you had dealt with him before? A. Certainly not—the utmost extent he had had before, was 30l.—it was on his representations, not on his former good conduct.
WILLIAM WABBURTON PEARCE . I am in partnership with Mr. Chamberlain, and am his son-in-law. I have known the prisoner from six to eight months—on the evening of 12th Dec. he came to the shop, and said he had sold the picture by Backhayser for 140l., to a young nobleman, and it would be paid for in the course of a week—I said I was quite certain Mr. Chamberlain would not approve of it, as the picture was to be returned that night, and desired him to call next day—I was present when he came about it on the 11th—Mr. Chamberlain refused to let him have it, because he said he should not be able to return it that night—he came again in the morning of the 12th, and gave a written acknowledgment for it—it was to be returued, or the money, that day—we had paid 125l. for it.
Prisoner. Q. Was not the first transaction I had with you for a portrait by Gainsboro'? A. Yes; it is probable that was about May—I have had one or two transactions with you besides—I have shown you
our pictures, the same as I should any one else—I have not asked you as a favour to occupy yourself with our pictures—I do not recollect, when you brought back the documents about the portrait, your telling me that a gentleman had come from Munich who had bought several valuable pictures through you; or my saying it was a pity you had not been to us, you had better come to-morrow.
MR. PARRY. Q. Did you ever agree with him that he was to take your pictures, and pawn them? A. Certainly not.
JOHN FRANCE . I have known the prisoner eighteen months—on 12th Dec., between one and two o'clock, he came to me at a public-house in the neighbourhood of Soho-square, and applied to me to go to another public-house, where this picture was—he asked me what I thought of it he said 125l. was the lowest price he could sell it for, and asked me if I thought it was worth that—I said I was not connoisseur enough to say—he said if he could not sell it, he could sell the ticket to some nobleman, and requested me to take it to a pawnbroker's—I took it the same day, between one and three, asked the pawnbroker what he would lend on it, and I took the picture back to the prisoner, and said Mr. Richards, the pawnbroker, offered 12l.—an hour after that I went with him in the same cab, and 1 pawned it for 12l., and got this ticket (produced)—I ultimately gave the prisoner 5l., and kept 7l.
JOHN RICHARDS . I live at 8, Westminster-road, and am a pawn-broker. On the afternoon of 12th Dec. this picture was pawned with me; it being worth above 10l., this agreement was entered into, and a ticket in order to redeem it was also given to the pawner—the agreement is a promise to redeem within three months; and if not redeemed, gives power to sell—I have seen the prisoner pawning at our shop, but not in this case.
Prisoner. Q. Did you not give me leave to have letters addressed to me there? A. Yes.
JOSEPH LEWIS . I live at 14, Broad-street-buildings, City, and am a commission-agent. Mr. Levi, in my presence, entrusted the prisoner with this bill of exchange for 250l., to discount—the proceeds, after deducting the discount, was to be paid over to me—he signed this paper at the time (produced)—I have never received a farthing.
Prisoner. Q. Are you not aware that since I gave that agreement I have had several interviews with Mr. Levi? A. Yes; he is not here—I am not aware that he authorized you to purchase goods with the bill, and I do not believe he did.
(The prisoner, in his defence, stated, that considering himself answerable for the amount of the picture, he was at liberty to transact the business in any way he thought proper, which was the reason he pawned it; that he accounted to Mr. Pearce the same night; and that he told Mr. Chamberlain where he had pawned it, and for what purpose.)
J. B. CHAMBERLAIN re-examined. He did not tell me—I asked him who had it in St, Martin's-lane, and he said he would not tell me.
GUILTY . Aged 37.— Confined Twelve Months.
OLD COURT.—Saturday, December 21st, 1850.
PRESENT—MR. RECORDER; and RUSSELL GURNEY, Esq.
Before Mr. Recorder and the Fourth Jury.
MESSRS. ROBINSON and COCKLE conducted the Prosecution.
HENRY HUNTLEY . I live at 7, King-street-terrace, New North-road, Islington. I am not out of employment—I have been convicted of felony two years ago, and suffered six months' imprisonment, which expired on 28th Feb., 1849—about two months after I came out of the House of Correction, I went into the prisoner Newham's service—he knew I had been suffering imprisonment—he worked at the same place as I did—he left before me, and I took his place—in consequence of something I saw at Newham's, I wrote a letter to the prosecutor on 15th Oct.—this is it (produced)—about the latter end of Nov. I saw Knight the officer—I afterwards had an interview with Newham—I told him that an officer had stopped me on the way from Mr. Elliott's and told me he wanted a word of confidence with me; it was at the corner of Bishopsgate-street; that he told me he could not ask me in the street, but must take me into a parlour or coffee-house, or wherever I liked to go, and I told Newham I thought it was not all right; some one had written a letter, and he had shown it to me to ask if I knew anything about it—Newham said he believed it to be Ben Channon, another young man who used to work there previous, and wished me to go there and see if he knew anything about it—he said he had only got a few things at his house, what few he had got he would put on one side—when I came in the morning he asked me whether I had been up to Channon—I told him I had, and he knew nothing at all about it—Newham said he had taken what few things he had away, in case there was anybody watching him—he said he did not feel at all satisfied about it, he could not get on with his work for thinking about it, that he had taken the duplicate of the cutting gauge, and the parcel he had taken the night previous—about nine months ago I heard Jones ask Newham if he could do anything with a cutting gauge (it is for cutting leather)—Newham said he was in want of a thing of the sort, and he would give 7s. 6d. for it—I saw it at Newham's about a week afterwards, and heard Jones tell Newham he had better keep it in the house in case Mr. Lane (Mr. Elliott's foreman), or any one from the house, should come down and see it—I have seen that gauge used, and on one occasion I pledged it at Mr. Attenborough's, at the corner of Long-alley, by Mrs. Newham's directions, and she has pledged it herself—I know Mr. Kite—he is a cab proprietor—Newham told me about five or six months ago that he had an order for harness from Mr. Kite, and Jones came down and told him in my presence he had got an order for a set of brass cab harness—he asked Jones if he could get him the furniture—that is the buckles, rings, &c.—Jones asked him when he wanted it—he said in the course of a few days—Jones said, if he could manage it he would get it—two or three days, after Jones came and asked me if I knew where Newham was—I took him to him, at Mr.
Cook's public-house, about a hundred yards off—Jones took a set of furniture out of his pocket in brown paper, and slipped it along to Newham on the seat—Newham gave it to me to take home, and told me to make it up in the harness for Mr. Kite—I cut it, and made up part of it on this harness (produced)—all these small buckles, the terrets, and this buckle are part of the set Jones brought—Jones brought some ornaments the next week—I put some of them on the harness—these are them—I took some off again, as Mr. Kite objected to them, and put on these roses instead—I remember Newham giving Jones an order when he had to make a set of silver cab harness—he asked Jones if he could get him the furniture—he said he would—part of the furniture on this plated harness (produced) was brought by Jones to the shop—these small buckles, a horse's head like this, and these tug buckles—I helped to make it up, and it went to Mr. Kite's—these roses and other ornaments were brought with the brass ones—I think eight ornaments were put on—there are seven here—they precisely correspond with these five produced—I heard Newham tell Jones that Mr. Kite objected to the stars and the rosettes in front, and in consequence of that, twelve ornaments were afterwards brought, and some of them put on—about six or eight weeks ago, I heard Newham tell Jones he had got an order for three compo brushes for Mr. Bell, a publican of Brick-lane, and he asked him if he could get them—Jones said he would if he could—I do not know whether they were brought or not—I am not in Newham's service now—I was working for him when he was apprehended.
Cross-examined by MR. HUDDLESTON. Q. Were you convicted for robbing your employer? A. Yes; the first place I got when I came out, was at Newham's—I was out of employ three or four weeks, I do not suppose it was more—I did not look after work during that time, my father kept me—there was no disturbance between me and Newham about his wife—I did not leave on account of his wife particularly; she asked me to leave, and I did—I do not know that he was jealous of me; I never heard him say so—she told me there was a disturbance about my being there to meals while I worked there, and I had been at work for a man in Brick-lane a day or two, and he thought I had no business to come home there to dinner—that might be five or six weeks ago—I believe it was before I wrote the letter—I cannot swear it; I had left the service when I wrote it; I have no doubt of that—it may be five weeks after I wrote it that I saw the police, I cannot say to a week or two—I was in Newham's service then—he asked me to come back, and I went back—I had tried to get other work first; I decline to say where—I have done a job for two or three different tradesmen—one is Mr. George, of Upper Whitecross-street; I lined a saddle for him, from four to six weeks ago—when I went back a second time, Mrs. Newham was not there—I do not know that she was sent to her friends; she was gone, I believe—I never wrote or got anybody to write to her—I told the policeman I had written an anonymous letter—I did not tell my master I thought Ben Channon had done it—it was not all a lie about my being stopped by an officer—it was Knight who stopped me.
MR. ROBINSON. Q. Who was the employer that you robbed? A. Mr. Fillingham, harness-maker, of Whitechapel-road—Newham was in his service.
JOSEPH COMBER KNIGHT (City-policeman, 437). Mr. Lane showed me this letter, and on 14th Nov. I watched Jones (I was in plain clothes)—he went from his master's warehouse by Martin's-lane, Cannon-street, to the Eastern Counties Railway, where he delivered some goods, and then went to George-street, Spicer-street, Spitalfields, up a gateway to a workshop belonging to Newham—he remained a very short time, and went to Cook's public-house at the corner of Wilke-street, and met Newham at the door—they remained talking there a short time, and then went in, and were together an hour and a quarter—on 15th Nov. I followed Jones in the same way from his master's, and left him at Newham's workshop—on 28th Nov. I saw Huntley in Union-street, at the corner of Bishopsgate-street—I took him into a parlour there—on 29th Nov. I took both prisoners, Jones in Mr. Elliott's warehouse, and Newham in the counting-house—I told them the charge—they both denied any knowledge of it, and to the best of my recollection Newham said it was all a lie—I went to Mr. Kite's, and got these two sets of harness—I searched a room occupied by Newham, a front parlour at 35, George-street, and found these five rosettes (produced) in an old mug on the side-board—in consequence of a communication from Huntley, I went to Mr. Attenboro's, and found this gauge—I produce it, and also these compo brushes.
Cross-examined by MR. HDDDLESTON. Q. Had you been on the watch for some time? A. A short time; I had watched Jones home two or three nights—I was in private clothes—before I took Newham, he had been with Mr. Elliott in his private room—Newham's saying it was all a lie, had reference to the story Hontley had been telling.
COURT. Q. Nothing was said at the station of what had passed in the counting-house, or of what Huntley had said? A. Not a word; he had been in the counting-house shortly-before.
JOHN LANE . I am clerk to John Hawkins Elliott, of 4, Mattin's-lane, Cannon-street, saddler and ironmonger; he furnishes the furniture and ornaments for harness. Jones was in his service—Newham used occasionally to do work for Mr. Elliott at his own place—in the early part of Feb., I missed a gauge from the stock, and believe this to be it—I believe these terrets and buckles on this brass furniture to be his—on this plated furniture here are three kinds of plating—they would not be sold as a set, they are odd pieces—it is very unusual to have plated furniture for cabs, it is so expensive—these buckles are plated on German silver—the rosettes and ornaments do not correspond—here are two very peculiar buckles on this kicking-strap, and on this hip-strap are two German silver buckles, not plated—here are two ornaments plated on iron—the price of these buckles plated on German silver is 1s. 6d. or 1s. 9d. each; ordinary ones plated on iron would be about 1s. each—we had such in stock—Jones had access to them—sometimes work was given to Newham to make, and sometimes he found his own leather, but on all occasions we found furniture—it was Jones's duty to take furniture or ornaments to him—these brushes are Mr. Elliott's; one is marked "4," and the other "O. 4," and has "Elliott" stamped on it—the "4" is the maker's mark—they are worth 18d. each, and the gauge 14s.—as far as Mr. Elliott was concerned, Jones had no business to be at Newham's on 14th Oct.—I took precautions to prevent his going there about the latter end of Oct., after the receipt of the letter—I have missed property for the last twelve months—these five
ornaments are all alike, and are the same as those on the plated harness—we had such—I have not missed them—the prisoners have not bought a dozen of them of us—on the day Newham was apprehended, I sent for him—Mr. Elliott said to him in the counting-house, "I have received a communication that I am being robbed, and you are removing the goods, and the communication names a cutting-gauge;" and then we both spoke to him, and said, "And another article was silver furniture"—he replied, "I never made a silver harness for any one except Mr. Elliott;" and then after a pause, he said, "Except the one I am now making"—I then left him.
Cross-examined by MR. HUDDLESTON. Q. Do you profess to give the exact words, and all that took place, or the purport of it? A. I have endeavoured to give you the exact words as near as I can; there may have been other words—Mr. Elliott did not say he had received an anonymous letter, he said "a communication"—Huntley may possibly have been to the premises twenty or thirty times, but I should hardly think he had; he has staid half an hour at a time, waiting for articles which Newham had purchased—I have generally attended to him, if I have been in—Newham has paid me 10l. for goods in one payment; he has repeatedly paid for goods be has purchased—it has never happened that money for goods has been put in the till without being entered in the books—I do not keep the till; several other persons sell goods and take cash—these buckles come from a person who makes them in large quantities, and supplies Mr. Elliott in common with the rest of the trade—Mr. Elliott supplies the retail saddlers to a considerable extent—there would be no impropriety in an order being sent through Jones to Newham, if Jones happened to be there—these brushes are bought by the dozen or half-dozen, as we require them, never by the gross; we sell them again.
MR. ROBINSON. Q. What has Huntley been to your premises for? A. To bring or take away work—the ornaments were kept at the extreme end of the warehouse, within a yard and a half of the counting-house-if Huntley went there to deliver his work, it would excite very considerable attention; he would have no business there at all—the plated buckles were kept in a different place, Huntley could not have got them without being seen—we sell harness as well as furniture; any person would see that this harness is irregular,cabs would have brass or iron for strength—cab harness may possibly be made up of odds and ends for cheapness, but it would not be part plated on German silver, part German silver and part plated on iron—these buckles are only sold in sets—I never remember having more than three sets of this pattern—I have never sold the prisoners any of them—we trusted Newham with goods, and paid him for his work in the counting-house; he then paid what he owed at the desk.
GEORGE KITE . I am a cab-proprietor, of 3, Gloucester-street, Curtain-road. I know Newham—about four or six months ago, I bought this set of brass harness of him; after which I ordered a set of plated harness, which he brought me three or four months ago; this is it—I gave it to the officer.
Cross-examined by MR. HUDDLESTON. Q. How many sets do you have altogether? A. About forty—there is nothing particular about this harness, we have buckles of different sorts at times—it is not a common thing with new harness, but we are not particular so that the leather is
good—I have known Newham two years and a half, and have lent him money.
ALFRED BELL . I live at 110, Brick-lane, Spitalfields. These brushes were left at my house; I gave them to Mr. Lines early in Nov.—Newham afterwards came and asked if Mr. Lines had left the money with me for the brushes—I said, "No"—he asked me if I would pay the money for Mr. Lines, as he was in want of it; I said, "Yes"—I paid him 4s. 6d.—he signed this receipt, "Two new compo brushes, 3s.; and a box of compo, 18d.; 4s. 6d."
Cross-examined by MR. HUDDLESTON. Q. "Predicament" did not he say? A. Yes; he said something to the effect that he was sorry he had such a vagabond in his service; he had taken him when he came out of prison starving, and this was the return he had made him for it.
NOT GUILTY .
(There were three other indictments against the prisoners, upon which messrs. ROBINSON and COCKLE offered no evidence.)
NEW COURT.—Saturday, December 21st, 1850.
PRESENT—MR. COMMON SERJEANT and RUSSELL GURNEY, asq.
Before Mr. Common Serjeant, and the Sixth Jury.
285. ALFRED WOOD and JOHN PULLEN , breaking and entering the dwelling-house of William Fowler Hutchins, and stealing twenty cigars, value 20s.; his property.—2nd COUNT, charging Pullen with receiving.
MR. BRIARLY conducted the Prosecution.
WILLIAM MORRELL (policeman, N 135). Last Saturday night, about twenty minutes before eight o'clock, I was in Hackney-road, opposite Edward's-place, I saw the two prisoners standing in the private doorway of Mr. Hutchin's shop—I crossed the road and passed by them, and looked at them—I crossed the road again and watched them—Wood went to the window of the next shop, and Pullen stood in the private doorway—I then saw Wood put his hand against the prosecutor's window and saw something which shone in his hand against the glass—there was then a crack, and in a minute or two after, I saw Wood hand something to Pullen, who was standing in the doorway, almost close to him, only two squares of glass from him—the door joins the window, there is only the post between them—I saw him repeat that two or three times, putting his hand to the window, and then he passed his hand to Pullen—a man went into the shop, and both the prisoners ran away, taking contrary directions—I pursued Pullen and caught him—he said, "I have done nothing, master"—I took him back to the shop, searched him, and found in his
pocket twenty cigars—he said he was very sorry for what he had done, and he should not have done it if he had not wanted something to eat—I examined and found a large square of glass had been broken in the window by something being put between the putty and the glass—I found some cigars in the window of the same quality as those I found on Pullen, and I found two more lying against the door.
DAVID CRIPPS (policeman, N 340). I was with Morrell—I saw the prisoners loitering about the prosecutor's doorway—we crossed and watched them—I saw Wood go and put something towards the window—I heard the glass crack—he then walked away to the private door—in a minute or two after, he returned back again, and I saw him take something from the window, and pass it to Pullen—he returned again and did the same—they then ran in different directions—I pursued Wood and caught him—he said he knew he had done wrong, and he should not have done it if he had not wanted something to eat—I found on him a knife, with a scratch on the point—it exactly corresponded with the marks on the putty.
NATHANIEL BURTON HUTCHINS . I live at No. 4, Edward's-place, Hackney-road; it is the dwelling-house of my nephew, William Fowler Hutchins; he is a tobacconist—it is in the parish of St. Matthew, Bethnal-green. Last Saturday night I heard a noise like something fall to the ground—I went in the shop—my nephew went out and the moment he returned, the policemen came in and brought the prisoners—they were asked if they had anything about them—they said nothing; then one of them pulled the cigars out of his pocket—we looked in the window, and missed some out of a bundle which had been quite full—they are of the same quality precisely—they are my nephew's.
Wood's Defence. I was passing, and the officer came and took me to the shop.
Pullen's Defence. I passed the window and saw something lying; I picked them up and ran away; the officer ran after me, laid hold of me, and found the cigars in my pocket; he said, "Come back to the shop," and he saw what they were.
WOOD— GUILTY of Stealing.†* Aged 16.
PULLEN— GUILTY of Receiving.†* Aged 19.
Transported for Seven Years.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
FRANCIS HEDGES . I am shopman, in the employ of Robert Buxton Willett, linen-draper, of Great Ilford. On Saturday, 7th Dec, about nine o'clock in the morning, I hung up a pair of cord trowsers outside the shop—I saw them safe about five in the afternoon, and missed them between eight and nine at night—I did not see them again till Lush brought them on Monday—these are them (produced)—they are very peculiar cord, different to what is generally used in slop trowsers—there is a pin left on them with which the ticket was pinned on—the private mark is gone, but the stitches are left.
Cross-examined by MR. HORRY. Q. Did you hang out many trowsers that day? A. Four pairs I think, they all had private marks—that was the first time they had been put out—they were hung over the rail, not fastened—a person going by could not reach them down.
CHARLES MILLS . I work at Squire Davis's garden. On Saturday, 7th Dec., between eight and nine o'clock, I was standing against Mr. Willett's window, and saw the prisoner pull a pair of cord trowsers down, which were hanging up by the side of the window; he doubled them up, put them under his arm, and walked down the Romford-road with them—I did not know him before, but am sure he is the man—about a quarter of an hour after, I met Lush and gave him information—I did not give notice to any person in the shop.
Cross-examined. Q. Are you in Squire Davis's service now? A. Yes, and have been so nine months—I think this was rather a foggy night—I was out looking after my father, who was coming home from work—I was looking into the shop window ten minutes, stopping for him to come—Mr. Willett has two shops and four windows; I was at the third window, about twelve yards off the trowsers—I thought if I told a policeman it would do just as well as going into the shop.
MR. COOPER. Q. Was the shop lighted? A. Yes, all the windows, and there was a light outside—I am quite sure the prisoner is the man, I did not know him before—I spoke to a man who spoke to the prisoner, and asked him the prisoner's name, and I told the constable—I think that man's name is Palmer—he went away before the prisoner took the trowsers—I met him again, next door but one, after the prisoner had taken the trowsers, and after the policeman had gone into Willett's.
WILLIAM LUSH (policeman, K 439). On 7th Dec., between eight and nine o'clock, Mills came up to me, about twenty yards from Willett's shop, gave me information, and I went into Mr. Willett's shop—Mills had given me a description of the prisoner's dress, and after I came out of Willett's he gave me his name—I apprehended him next morning, between eight and nine, at his own house, at Romford—I told him he was charged with stealing a pair of trowsers from Mr. Willett's, and he denied all knowledge of them—I searched the down-stairs room, and was going up-stairs, when he said, "There is a pair of trowsers up there, that I, picked up last night"—I found these trowsers on the bedroom-table.
Cross-examined. Q. Did he not deny stealing the trowsers? A. No—he said, "I do not know anything about the trowsers"—he did not say, in his wife's presence, when I first went into the house, that he had picked them up—he did not say so till I had searched down-stairs—I did not know the prisoner when Mills gave me his name—another constable took me to this house—he is not here—he was in the room while I was searching.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY . Aged 17.— Confined Two Months.
Before Mr. Justice Wightman.
288. JOHN WILLIAMS and HENRY JONES , burglariously breaking and entering the dwelling-house of Joseph Haslett, and stealing 3 handkerchiefs, 2 shirts, and 1 pair of braces, value 12s. 6d.; his property.
MR. KENEALY conducted the Prosecution.
JAMES POTTER . I am in the employ of Joseph Haslett, of Woolwich. On Thursday night, 28th Nov., I closed the shop between ten and half-past, and left, as I thought, everything secure—next morning, on coming into the shop, between eight and nine, I found some toe-marks on the shutters, and a small mark which had been on the corner of one of the handkerchiefs was outside—there was a hole in the fanlight which had been broken previously, that was enlarged enough to admit a man's hand—I missed from the window three woollen shirts, some silk and cotton handkerchiefs, and some braces—the goods were in such a situation that it would be impossible to reach them from the hole in the fanlight, without the use of some instrument—on the Monday following 1 saw some of the missing property—these (produced) are a portion of them—I know the prisoners by seeing them lurking about the premises—I saw Williams on the evening prior to the robbery.
SAMUEL HITCHCOCK . I keep a second-hand clothes shop, at Greenwich. On 29th Nov., about one o'clock in the day, a person, who I believe to be Williams, brought a shirt and two handkerchiefs to me; I believe these are the two handkerchiefs, but am not quite certain, as I saw them so short a time—I did not take sufficient notice of the person to be able to swear it was Williams, as my sight is very defective; I believe he is the person, and said so next day—he said he had some articles for sale, which he did not want—I gave him 2s. 6d. for these three—he came again shortly after, with a silk handkerchief, which I refused to buy—Crouch, the policeman, came in shortly after, and I gave him the things I had purchased.
JAMES WILLIAM CROUCH (policeman, R 118). On 29th Nov. I saw the two prisoners on the Greenwich-road, between twelve and one o'clock—Williams had a bundle on his left arm—I followed them, and saw Williams go into Hitchcock's shop—Jones waited for him outside—they then went to the Eight Bells public-house, and had some gin—Williams then went back to Hitchcock's, and came out with a handkerchief tied round his arm; he gave it to Jones, who put it into his pocket—I followed them, and asked what they had sold—Williams said, his own property—I asked where he got it—he said he had bought it three months ago—I had my doubts, and told him he must go the station—on the way, Jones shifted from the left side of me to the right, about four doors from the station—I searched him, and missed the handkerchief which I had seen in his pocket about a minute before—I went back to the place where he had shifted from me, and there found it in an area—I found on Williams 2s. 2 1/4d., and this string, with a fish-hook attached to it—Williams said these three handkerchiefs were his, he had bought them three months ago—they are quite new—Jones said that he met Williams on London-bridge, who asked if he knew where he could sell the things, and he took him to a place at Deptford.
Williams's Defence. On 15th Aug. I was paid off from a man-of-war; I have been seven years in a man-of-war; I went to Tower-hill, and bought these things towards my next voyage; I became short of money to pay my board and lodging; I met this young chap on London-bridge, and asked him where I could sell these things; he said he did not know a place nearer than Rotherhithe or Deptford; I took them there, but could not sell them, and then took them to Greenwich, and sold them for half-a-crown.
Jones's Defence. I only met him that morning; I never saw him before.
WILLIAMS— GUILTY of stealing only. Aged 21.— Confined Nine Months.
JONES— GUILTY of stealing only. Aged 17.— Confined Six Months.
Before Mr. Common Serjeant.
GUILTY . Aged 27.— Confined Twelve Months.
GUILTY . Aged 17.— Transported for Seven Years.
291. JAMES KEEFE and JAMES TAYLOR , stealing 9 planes, 1 plough, and other tools, value 7l. 19s.; the goods of Thomas Henry Knight; and 6 planes and other tools, 4l. 17s.; the goods of Frederick Knight; Taylor having been before convicted: to which
KEEFE pleaded GUILTY . Aged 24.
TAYLOR pleaded GUILTY . Aged 22.
Confined Twelve Months.
292. MARY ANN WALKER , stealing 1 half-crown, 3 shillings, 1 sixpence, 1 groat, 1 penny, 1 halfpenny, and 1 farthing; the moneys of John Denton, from the person of Sarah Ann Denton; having been before convicted.
SARAH ANN DENTON . I am sixteen years old, and live with my father, John Denton. On 14th Dec, about half-past five o'clock, my mother sent me, with Mary Ann Archer, to buy some shop things, and as we were going along Powis-street, Woolwich, we met the prisoner—I never saw her before, but am sure she is the person—she asked me if I would give her a pin, and as I was giving her one she snatched my money, 6s. 5 3/4d., out of my hand, and ran up Thomas-street—I went to the police-station—I lost a half-crown, three shillings, a sixpence, a 4d.-piece, a penny, a halfpenny, and a farthing—the farthing was a smooth one; this (produced) is it, I am quite sure—I know it by its largeness, and it is smooth and like a halfpenny.
MARY ANN ARCHER . I am twelve next April. I was with Sarah Denton in Powis-street—the prisoner came up to her, asked her for a pin, snatched the money, and ran away—I saw her face, I am quite sure she is the person.
EDWIN HORSEFALL (policeman, R 9). I apprehended the prisoner on, Saturday evening, about eight o'clock, at Greenwich, on another charge—as we were going to the station she dropped a shilling, which I took, then a half-crown, which I also took—another constable came up—I told him to take hold of her right hand (I had her left), and this farthing
was in it—Sarah Denton described the farthing before seeing it as being smooth, and having a large head.
Prisoner's Defence. I was in very great distress; I have a very bad husband.
EDWARD FUNNELL (City-policeman, 32). I produce a certificate of the prisoner's conviction—(read—Central Criminal Court, convicted June 1846, of stealing from the person; Confined one year)—I was present—the prisoner is the person.
GUILTY . Aged 28.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
JAMES CRONAN . I am a seaman—I was paid off from the Tartar in Sept., and went to Ireland—I came back in Oct., and went to Woolwich. On Saturday night, 7th Dec, between nine and ten o'clock in the evening, I was drinking at the Albion at Woolwich—I had two 10l.-notes of the Bank of Ireland, and a 10l. Bank of England note in my tin discharge-case—I had been drinking, and cannot tell when I left the Albion—I had been in two or three public-houses before—I am quite sure I had my tin-case when I went to the Albion—I got sober about seven next morning, found myself by the Albion, and missed my case—I went to the station and gave information—I had got the two 10l.-notes from Ireland, and the other 10l.-note from Mr. Massly, of Leadenhall-street, who changes notes; his name was on it.
ALLEN M'KENZIE CAMERON . I am cashier at the Woolwich branch of the London and County Bank—I received information about the robbery, and on the following day, the 10th Dec, Bannister came and wanted change for two 10l. Bank of Ireland notes—he produced them to me—I asked his name and address, and he gave it "Francis Bannister, 58, Warwick-street"—I asked how he came by the notes—he said he got them from a cousin of his, who was a priest in Ireland, he had had them about a week—I told him the charge for changing them would be 10s., or 6d. in the pound—he said it was rather expensive, but he must submit to it—while I was talking to him I had sent for an officer, who then arrived, and he told the officer the same as he had told me—the officer left a short time and came back—he then said he found them by the Albion—I gave the two notes to the policeman—these (produced) are them.
JAMES PARRY (police-sergeant, R 8). On Monday, 9th Dec, I received information—the next day I was sent for to the Woolwich Bank, and found Bannister there—Mr. Cameron told me what had happened—Bannister said he had received the notes by post, and had the letter at home—I was going with him to see the letter, and on the way, I said, "It is no use going if you have not got the letter, because I know whose notes they are"—we then went back to the bank, and he said he found the notes near the Albion—I took him in charge, and at the station asked him if he knew anything about the other 10l.-note and the tin case—he said he knew nothing about them—I asked him if his housekeeper knew he had found the notes—he said, yes, she knew he had found the two 10l.-notes—at eight o'clock the same evening I found Weeks at the Trafalgar, told her Bannister was
gone to Maidstone, and asked her for the 10l.-note—she said she had not got it, she knew nothing about it—I searched her, and found 4l. 10s. 11d., and in her room I found some new articles of clothing, and this shawl (produced)—she was tipsy—I produce a Bank of England note, which I got from Bear.
HENRY WILLIAMS . I am in the service of Pepper and Hammond, linen-drapers, of High-street, Woolwich. On Monday, 9th Dec, Weeks came, and purchased a shawl, a pair of blankets, some sheeting, and twelve yards of calico, which came to 1l. 15s. 3d.—she gave me a 10l. Bank of England note, which I gave to Lowe—I put no mark on it.
BENJAMIN MASSEY . I am a silversmith and bullion-dealer, at Leadenhall-street. On 22nd Oct. I changed a 20l. Bank of Ireland note for the prosecutor—I gave him a 10l.-note, and put my name in front of it—I find it on this note, and know it is the one I gave him.
Bannister's Defence. I picked up the notes on Sunday morning, about a quarter to seven o'clock; I gave Weeks, who is my aunt, a 10l.-note, and told her to buy what we wanted.
Weeks's Defence. My nephew gave me the note last Monday week; I asked him where he got it; he said it was no business of mine, and told me to get what we wanted.
Serjeant Parry stated that the prisoners bore good characters.
NOT GUILTY .
WILLIAM CAPON . I live with Mr. Oliver Henderson, who keeps a clothes-shop in Church-street, Woolwich. On the night of 17th Dec. I vent to the shop-door, and saw Mr. Rastrick with this coat in his hand (produced)—it is my master's, and I missed it from off a dummy which was standing at the door—I had seen it safe five minutes before.
WILLIAM HUGHES . I am a carpenter, at Woolwich. On 17th Dec, about eight o'clock, I was passing Mr. Henderson's shop, and saw the prisoner take the coat off the dummy—he tried to conceal it, and ran away—I cried, "Stop thief!"—I saw him in less than three minutes after—I am sure he is the man; the light was full in his face—I did not see him caught.
Prisoner's Defence. I was coming down from the barracks as hard as I could; a man collared me, and asked what I was running for; I said, "To get towards home," and he said I must come with him; I went to Mr. Henderson's, and was given into custody.
1850; Confined six months)—I was present at the trial—the prisoner is the person.
GUILTY .— Confined Six Months.
Before Russell Gurney, Esq.
HENRY CHURCHILL LOVEGROVE . I keep the Ship and Billet Inn, at Greenwich. I have lost pewter pots to a considerable extent—this(produced) is one of mine; I am not able to say at what time it was lost, it is worth 2s. 9d.
WALTER WOODARD . I am potman to Mr. Cook, who keeps a public-house in Deptford Broadway. On Sunday afternoon, 24th Nov., I was standing at my master's door—the prisoner came with this pot, and offered to sell it to me for 1s. 6d.—I saw the prosecutor's name on it—I asked him where he got it—he said two soldiers gave it him.
Prisoner. It was given me by two soldiers.
EDWIN HORSFALL (police-sergeant, R 9). Woodard gave me this pot—I then went to a low lodging-house in Mill-lane—I found the prisoner there—I asked him where he got the pot he had been offering for sale—he said he picked it up a long way off on the road—I took him to the station.
GUILTY on 2nd Count. Aged 50.— Confined Two Months.
Before Mr. Baron Platt.
296. WILLIAM WOOLLAMS , burglariously breaking and entering the dwelling-house of Thomas Neyler, and stealing 1 telescope, 6 spoons, 1 pair of sugar-tongs, and other articles, value 2l. 17s.; his goods: having been twice before convicted.—2nd COUNT, receiving the same.
THOMAS NEYLER . I keep the Railway Tavern, Plumstead. On 20th Nov., before I went to bed, I locked my doors and windows, and left everything safe—I went to bed at one o'clock—I left a telescope hanging over the door in the bar—my man, who is not here, called me up at five—I heard him cry out, and was down almost as quick as him—I missed six silver tea-spoons, a pair of sugar-tongs, a pestle, a hat, waistcoat, telescope, two boxes of cigars, some tobacco, and six bottles of stout—two bottles of wine had been drank, and a decanter of pale brandy—this is the telescope (produced)—I am certain of it.
JAMES BROWN (policeman, F 142). On 23rd Nov. I met the prisoner in Long Acre, about half-past eleven o'clock, with something under his coat—I stopped him, and asked what he had got—he said, "Nothing"—I put my hand under his coat, and took out this telescope—he said it was his father's, and he was going to pledge it for him—I asked where his father lived—he said, "In Drury-lane"—I took him to the station—he there said his father lived at 7, Star-court, Cross-lane, Newton-street, Holborn—I went there, and found it was correct.
Prisoner's Defence. I was in Long-acre, and was asked if I would earn a few halfpence by pledging the telescope for 15s.; I went, but could only get 5s., and was taking it back, when I met the policeman; I thought if I said it belonged to my father he would let me go.
GUILTY on 2nd Count.— Transported for Ten Years
Before Mr. Justice Wightman.
MR. ROBINSON conducted the Prosecution.
JOHN DAY . I am gardener to Mr. John Alexander Hankey, of Roehampton, in the parish of Putney; I reside with my family in the gardener's house, on Mr. Hankey'a premises; it is my dwelling-house. On Sunday morning, 20th Oct., about a quarter to eleven o'clock, I and my family left the Cottage, and went to Church—I locked up the house, and left no one in it—I returned from Church about a quarter to one—I put the key in the lock, but before I unlocked the door I discovered something the matter with the wash-house window—a stone bottle which I placed there the day before, instead of being on the ledge as I had left it, was standing on the ground—the casement had been forced out by some instrument, and was set down inside—I afterwards found a spud lying in the sitting-room with which it might have been done—to the best of my belief that spud had been in the cow-house where the tools are kept, sixty or seventy yards from the cottage, when I went to Church—the prisoner had formerly been under me as gardener in the service of Mr. Poulett Thompson, the proprietor of the premises, and would have an opportunity of knowing that the tools were kept there—when I got into the house, I found it in confusion, and things strewed about—I missed a watch, a pair of trowsers, a waistcoat, a gold 7s.-piece, a rupee, a seal, two purses, some small silver and copper money, some handkerchiefs, a case of razors, and other things—in the spring of this year I had had some conversation with the prisoner about this rupee—he had lately returned from India, and I showed it to him, and asked him about Indian money—the value of the property I lost is 6l. or 7l.—this is my watch (produced), and this is the 7s.-piece, and this rupee is similar to the one I lost—mine was of the present reign—this is all the property I have found—I had been in the habit of seeing the prisoner up to Sept., but I have not seen him since—I believe he was employed on the railway—I cannot be certain whether I ever showed him the 7s.-piece—when I showed him the rupee, I took it from my desk in the sitting-room, and the 7s.-piece was there also, and they were taken from that desk on this occasion.
Prisoner. As to being acquainted with the house, I have never been inside it since I came from India, and it was not built before I went. Witness. He sat in the entrance of the house, relating to me all the affairs of India, one day in June last.
mile and a half from Day's house—he went towards Barnes station—he could go that way to Day's.
STEPHEN HOLMES (policeman, V 150). On Sunday, 20th Oct., I saw the prisoner in Roehampton-lane, about ten minutes past four o'clock in the afternoon—I spoke to him—I had not seen him for a month previously—I did not see him again till the 25th, when he was in custody.
Prisoner. Q. Did not you meet me about twenty minutes before ten o'clock? A. I was at home that morning, off duty—the ouly time I saw you that day was at ten minutes past four—it was not on 13th Oct. that I met you—I know it was the 20th because it was my turn for two o'clock duty, and I was getting my dinner when the order came that Day's house had been broken into, and I was to go and make inquiry at Barnes railway station—I left my dinner, and went, and came home again to my dinner—I left home a few minutes before four, and went on my beat, and it was about ten minutes past four when I met the prisoner.
WILLIAM ALFRED LINFORD . I live with Mr. Richards, pawnbroker, of Bridge-road, Lambeth. On Monday, 21st Oct., this silver watch, seven-shilling piece, and rupee, were pledged at my master's, by the prisoner, for 2l. 2s., in the name of "George, for Mary, Rogers, 30, Charles-street, Westminster"—I did not know him before, but I have no doubt he is the man—he took the coins from a long blue purse, that had steel beads on it.
THOMAS OATLEY (policeman, V 190). I examined Day's premises—I found marks on the door which exactly corresponded with this spud—I also found marks on the washhouse window which exactly matched this instrument—I made inquiry about the prisoner immediately after this—he was taken on 23rd Nov., at the East India House—I have inquired at 30, Charles-street, Westminster, and no such person as Rogers resides there.
Prisoner's Defence. On the day the robbery was committed I was at Stratford; on Sunday, 13th, I was going to work at the Barnes railway station, when I met the policeman and Mr. Gregory; I have never been at Roehampton since.
GUILTY . Aged 35.— Confined Twelve Months.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 38.— Transported for Seven Years.
300. CHARLES PARFITT , stealing 1 newspaper, value 5d.; the goods of Archibald Reid : also, 120 night lights, and 12 paper boxes, 5s. 6d.; the goods of Robert Brook and another; having been before convicted: to both which he pleaded
GUILTY . Aged 50.— Confined Twelve Months.
of High-street, Southwark. This piece of printed cotton is his property—I saw it safe about eight o'clock in the evening on 11th Nov. I missed it about half-past eight—it was fastened inside the door—I afterwards saw it in the fire-escape-man's hands—he was calling "Thief!" at the door.
Cross-examined by MR. ROBINSON. Q. Has your master any partner? A. No.
EDWARD SMITH . I belong to the fire-escape establishment—I was on my station that night, and saw the prisoner take this print and put it under her cloak—I laid hold of her arm, and kept her till the young man out of the shop came and took it.
Cross-examined. Q. Where were you? A. At my box, right opposite the shop—after eight o'clock we are all standing there—the prisoner's back was towards me—she did not stoop—it was about half-past eight.
GUILTY .* Aged 45.— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
ROBERT RAINEY . I am foreman to Thomas Weir; he lived at 128, London-road. On the night of 4th June, 1849, I did up the premises, and Mr. Weir and I went together up to bed—the shutters were all safe—the goods were all safe—in the morning at five o'clock I was aroused by the servant-maid—I ran down-stairs—we missed the clothes stated—the shutter was broken at the hinge, and the window was quite open so that a person might enter—there was one piece of cloth outside the window—I saw these cloths at the station next morning—the value of the whole was 110l. or 120l.—I am sure they were Mr. Weir's property.
Cross-examined by MR. O'BRIEN. Q. What shutter was broken? A. At the back of the premises—the window looked out into the garden—there are some small houses at the back, and a school—Mr. Weir's servant was not in the habit of shutting the shop-window—the shop was in front—the back-parlour is thrown into the shop—Mr. Weir and myself were up last—I do not know whether the servant was in bed; she is not there now, she left about a fortnight afterwards.
HENRY FOX . I am a painter. On 5th June, 1849, I was crossing West-square, Lambeth, between five and six o'clock in the morning—I saw four men drawing a cab—I knew them; the prisoner was one—I brought a policeman to the square—I then saw two of the men, but not the prisoner—I followed one of them, he was taken and tried.
Cross-examined. Q. Which way were you coming? A. From Brook-street, to Garden-row—I did not stop till I saw a policeman—the men said, "Now is the time, my boys," and then the cab went faster—the prisoner was drawing the right-hand shaft—the nearest to me.
THOMAS GARDENER (policeman, M 79). I was on duty on 5th June, 1849, about five o'clock in the morning—I saw five men standing at the corner of Pearl-row, which is about 100 yards from the London-road; the
prisoner was one—I knew the other men, and gave evidence against them—Mr. Weir's house was in the parish of St. George-the-Martyr, Southwark.
THOMAS NAPPER (policeman, A 479). On 5th June, 1849, I was on duty at half-past five o'clock in the morning, near the London-road—I saw four men drawing a cab, the prisoner was one—I knew who the cab belonged to, and gave information.
Cross-examined. Q. How far were you from them? A. About three yards. I was on the pavement, and they were in the road—they passed me—I did not say anything to them; three of them were drawing it, and one pushing behind.
JOHN EDGAR (policeman, L 78). On Tuesday morning, 5th June, 1849, I was in Bird-street, Lambeth, at half-past five o'clock in the morning—I saw a cab; two persons were drawing it, and two were pushing behind—the prisoner was one of them; he was on the off-side—soon afterwards I received information, and went through St. Mary's-square, to the Vauxhall-road—I there stopped the cab, there were three men with it then; the prisoner was not one of them—that was five or ten minutes after I first saw it—I opened the cab-door, and found a quantity of woollen, linen, and silk goods, which were identified the same morning by the prosecutor—I took the cab to the station, and deposited the goods—I then made inquiries, and found Mr. Weir.
Cross-examined. Q. Where is Bird-street? A. About 100 yards from West-square, between it and St. Mary-square—I was on duty, and in uniform—the cab passed me, the men ran away up Walnut Tree-walk, which is in a different direction to West-square.
WILLIAM FARRANT (policeman, L 167). On 5th June, 1849, about a quarter before six in the morning, I was in the London-road—I received information, and went to West-square—I saw three men running towards me, the prisoner was one—I followed one of them, he was taken that morning.
HENRY BARRY (policeman, A 455). I went to Manchester on 19th Nov., and found the prisoner in the Victoria Tavern—I told him I apprehended him for a burglary in London-road, about eighteen months ago—he said, "Get me to London as soon as you can."
GUILTY of Receiving. Aged 29.— Transported for Ten Years.
NOT GUILTY .
WILLIAM HORNBLOW . On Saturday, 30th Nov., I was in the West-minster-road, about half-past eight o'clock in the evening—I did not notice the prisoner till she came behind me and took hold of my arm—she wanted me to go with her—I told her I wanted to go home—she let go with one of her hands, and got her other hand in the sleeve of my coat—she began feeling my person, and got her hand in my left-hand trowsers pocket—she
took out this bag with a duplicate, and a half-sovereign—I had it safe not ten yards before I saw her—I had my hand in my pocket—there were many persons passing and repassing, but no one was near me—this is my bag and duplicate—it is my property, and was in my pocket at the time—I do not know whether the prisoner was in liquor, she pretended to be so.
WILLIAM PUDDIPHATT (policeman, L 98). The prisoner was given into my custody by Hornblow—she declared she had never seen him before, and did not know anything about the purse—she had been drinking, but was not drunk—she said she had only had a small drop of rum and water.
MARY SHERRIDAN . I am searcher at the police-station. The prisoner was brought in there; she appeared to be in liquor, but she knew what she was about—I searched her; she kept one of her hands closed, and down by her side—I said, "What have you got"—she would not open it, and I was forced to call in a policeman—we got it open, and found in it this bag and duplicate, and a half-sovereign.
Prisoner's Defence. I do not recollect ever touching it; I was very much in liquor.
WILLIAM SMITH (police-sergeant, E 16). I produce a certificate of the prisoner's conviction at Clerkenwell—(read—Convicted June, 1848, and confined six months)—she is the person, she was tried last Oct. for a similar offence, but was acquitted.
GUILTY . Aged 22.— Transported for Seven Years.
MARY EVANS . I am in the service of James Church, of 3, Stamford-terrace, in the parish of St. Mary, Newington. It is his dwelling-house—two of these coats produced belong to Mr. Charles Shanott, and the other to Mr. Thomas Green, I saw them safe about a quarter of an hour before they were lost—two of them were on the back of a chair, and one on the end of the sofa, in the front parlour—that was on 13th Dec, about twenty minutes before nine o'clock in the morning—the street-door was shut close, and fastened with the latch—in about half an hour I noticed that it was slightly open, and there was a rustling noise in the parlour—I went to the parlour-door, which was open; the prisoner stood just inside it—I had been to the parlour before, and had left the door open—he had a black bag in hit hand—he said, "Oh! say my name is Smith"—I said, "That won't do for me"—I put down the tray, and laid hold of him by the right arm—he dropped the bag, opened the street-door with his left hand, and ran out—I ran after him, calling, "Stop thief!"—a policeman stopped him—I did not lose sight of him—when I came back, the bag was still in the passage, I took it up; these three coats were in it—this bag does not belong to our house, I do not know it at all.
GEORGE PURKISS (policeman, M 84). On the morning of 13th Dec. I was in Trinity-street—I saw the prisoner running, and Evans crying, "Stop thief!"—I gave chase and took him at the corner of Trinity-street and Blackman-street, in the Borough—I took him back to 3, Stamford-terrace, and saw the bag and the three coats in it—going to the station, he said it was a bad job for him that I was coming along at the time.
Prisoner. I heard the cry of "Stop thief!" I ran, and another officer
stopped me, not this one. Witness. He saw another officer, and then he stopped.
GUILTY of stealing. Aged 22.— Confined Twelve Months.
Before Mr. Recorder.
NOT GUILTY .
THOMAS COOK . I am foreman to Mr. Joseph Christmas Folkard, a pawnbroker, New Bridge-street, Vauxhall. On 3rd Dec. I received information about half-past eleven in the morning, and went about seven doors down Harleyford-road, and came up with the prisoner Gardner—I said, "You will excuse me, Madam, but you have got something that does not belong to you"—she said she had not—I lifted her shawl on one side, and took from under her right arm this shawl: it is my master's; I know it by the pattern, and there is a private mark on it—I had told a person the price of it half an hour before—it was then hanging across a rail which goes along the door, inside the shop—I took her back to the shop—she begged I would not give her in charge, and cried a good deal—she said she did not take it, and begged I would forgive her—Rawson was brought back by one of our young men.
MARY ANN SMITH . I live at Vauxhall. I was outside Mr. Folkard's window—the prisoners were both there together, looking in at the window—I saw Rawson pull the shawl from the rail a little way, so that it touched the ground—he then left it, and went and spoke to Gardner—I went on to the next window, and saw Rawson pull the shawl down in the doorway, and throw it to Gardner, who put it under her arm and went down Harley-ford-road—Rawson went towards South Lambeth—I have no doubt he is the man and Gardner is the woman—I went into the shop directly, and gave information.
Rawson's Defence. That young man came to me about sixty yards from the shop; he said, "Will you accompany me back to the shop?" I came back to the shop, and was charged first with breaking a looking-glass, and then with taking a shawl with this young woman; I had never seen her before in my life; there were several females round the shop; I looked in; I was going on to the railway.
THOMAS LOCKYER (policeman, L 138). I produce a certificate of Rawson's conviction, at Newington—(read—Convicted May, 1850, and confined six months)—he is the man—he had been out of prison but six days—he has been charged with uttering counterfeit coin.
RAWSON— GUILTY . Aged 20.— Transported for Seven Years.
GARDNER— GUILTY . Aged 19.— Confined Three Months.
Before Russell Gurney, Esq.
GUILTY . Aged 17.— Confined Three Months.
BENJAMIN WELLINGTON . I am a linen-draper, and live in Parker's-row, Dock-head, Bermondsey. On 10th Dec. I had eight yards of calico hanging just inside my door—I saw it safe at two o'clock, and missed it about five.
RICHARD PRIGMORE . I work at a butter-shop, near Mr. Wellington's. On 10th Dec. I observed some persons at his shop-door; the prisoner was one of them, he used to go to school with me—there were two others with him at the door—I saw the prisoner step inside the door, and take the calico down; he put it under his feet—one of his companions took it up, and ran away—I gave information directly.
Prisoner. The shop-door is round the corner; if I had gone in, he would have had to have seen through the other shop.
GUILTY .* Aged 19.— Transported for Seven Years.
JOSEPH ALEXANDER PAINE . I am a hawker. Last Monday I was going from Brixton towards the White Hart in the Borough—the prisoner overtook me—he said, "It is a wet evening"—I said, "Yes, it is"—we walked some way, and he overtook another man—they talked about the weather and the night—we got to Kennington-common, and there the prisoner put his hand in my coat-pocket, and took out a silk handkerchief, and the other articles mentioned—there were two letters and a 5l. bank-note in my pocket-book—I collared him and said, "Give it to me"—he said, "You shall have it in a minute"—I saw my handkerchief in his hand—he handed it to the other man and ran away—I had looked at my watch while I had been walking with him, it was in my silk handkerchief in the same pocket my book was in—the prisoner rushed into a public-house; I followed him, he rushed out and nearly knocked me down—he had a sack on his shoulders—he ran under an archway and took it off his shoulders, and put it under his arm—I followed till I saw a policeman, and I gave him in charge—he was not out of my sight a minute.
ROBERT LIVERSAGE (police-sergeant, M 15). I met Paine on Newington Causeway—he gave the prisoner into my custody for stealing from his person a silver watch and chain, two gold seals, a key, a five-pound note, and a pocket-book—the prisoner said he had not seen him, and was not in his company.
Prisoner. He asked if I had seen the third party; I said no, I had
seen no one but the prosecutor. Witness. No, he said he had not seen the prosecutor, and had not spoken to any one on the road—he had this sack on his right arm—it did not rain then; it had rained, and the sack was wet.
Prisoner's Defence. I was coming home and saw this man; we walked together; he did not walk quite so fast as I did, and another one whipped across; the prosecutor came up to me and said, "Where is that man?" I said I had never seen him, only he whipped across the road; I had never touched the prosecutor, I walked before him all the way; he has brought me up to get his own expenses.
COURT to PAINE. Q. Where do you live? A. At West-lane, Peter-borough—I had been carrying on business at Portsmouth, but a person sent for me to go to Norwich with my family—I had just come from Brighton—I had been there three days, at No. 8, King-street—I took the 5l.-note at Portsmouth for some poultry, of a Winchester hawker—I carried my watch in my coat-pocket, because it should not get wet—I wrapped it in the silk handkerchief.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. COCKLE conducted the Prosecution.
CHARLES CONNELL . I am a labourer, and live at Green-bank, Tooley-street. I was at a raffle at the Green Dragon, in Bermondsey-street, on 4th Dec.—I know the prisoner, he was at the raffle—I left about one o'clock in the morning, on 5th Dec—I had been drinking, but nothing that would injure me; I knew what I was doing—no one left with me—I went up a gateway at the corner of Snow's-fields, not a minute's walk from the Green Dragon—I saw the prisoner pass, and another man with him, named Dick Farrell—they spoke to me first, and said, "Is that you, Connell?"—I said, "Yes"—I kept on, and they went aside me, and asked me for some beer—I told them there was no public-house open, and I had no money—one of them, I cannot say which, said, "You did not spend the 5s.-piece you had a while ago?"—I was then not more than a minute's walk from where I live—Jem Downes, the prisoner, said to me, "Come to Almand's, and we will get some beer there; the house is open:" I told him it was not—he took hold of my right arm to force me to go to Almand's—I told him it was not open; if the public-house in Green-bank was open I would give them some beer—Dick Farrell said, "I will go and see if the house is open"—he went, returned, and said it was not—I said I would go and see myself, and kept moving on till I came to my own door, and, seeing me clap my hand on the door, the prisoner rushed both his hands in my pocket, took the money out, and threw me down—he tore my pocket; it is torn now—I put my hand into my pocket, and found I had but a sixpence in silver, and 1 1/2d.—my 5s.-piece was gone, it was safe at the corner of Snow's-fields—my landlady, Mrs. Conelly, came out—I was then just rising up from the ground.
Cross-examined by MR. WOOLLETT. Q. The other man was not there? A. No; he was on the other side of the way—I am a labourer, but have no employ at present—I worked several days last week for Mr. Wilson, at the waterside—I had left home at half-past nine or ten o'clock,
to go to that raffle—I did not go in anybody's company—I had a ticket for the raffle—there were a great many persons there—there was a great deal of drinking—I cannot say whether Mrs. Ragan was there—I suppose there were twenty persons there—I took 7s. or 7s. 6d. with me—I had to pay 6d. for my ticket—the rest of the money I suppose I spent in drink—I treated some of the men, and they me—I remained there, drinking, till one o'clock, and then left by myself; I am quite sure about that—I mean to say I was not drunk—I did not give information to the police—I went in-doors, and went to bed—the next day I went against the prisoner to Stone's-end—he was taken into custody.
MR. COCKLE. Q. How far is it from the Green Dragon to where you live? A. Something better than a quarter of a mile; I was able to walk that distance—I have known the prisoner about six months—I never knew him to work.
MARY CONELLY . Connell has lodged with me about the last two years—I remember the night he came home from this raffle—I sat up for him till one o'clock, and after that I heard his voice outside—I went to my bedroom window—I heard him twice say, "Let go your hand in my pocket"—I opened the window, and saw him down; the prisoner laid across him—I said, "Is that you, Charley?"—he said, "Yes, Mary"—I have known the prisoner about three years—I cannot say that he was the man that I saw lying on Connell; I did not see his face—I went down, opened the door, and Connell was taking up his cap.
Cross-examined. Q. How many rooms have you? A. Two, and a bottom floor—I have three children, my husband and myself—Connell is my only lodger, he has been with me two years—I do not take in persons to lodge—I get my living by selling fruit in the street—Mrs. Donovan lives in the next room to me; I do not know whether she takes in lodgers—I have seen several men come in there—she does not have them there long, to my knowledge.
MR. COCKLE. Q. What time did Connell come home? A. About half-past one o'clock—none of the persons who come to Mrs. Donovan's room came to my room, or to the prosecutor's room, that night—Connell was not drunk, nor sober—when he came in he told me he had been robbed.
THOMAS STEVENS . I keep a coffee-house in Church-street, in the Borough, about half a mile from the Green Dragon—the prisoner came to my house in the early part of this month with another person—two cups of coffee were called for—a 5s.-piece was put down, but I cannot say by whom—there were three other persons there—I cannot say whether they all formed one party—I think this was about the 5th of Dec.—I put down 4s. 9d. change—I did not see any one take the change up—I left to serve other customers.
GEORGE NICOL (policeman, M 128). I received information of this about half-past one o'clock in the morning of 5th Dec. from Mary Conelly—I took the prisoner in High-street, Borough—I told him it was on a charge of robbing a young man in Green Bank of a 5s.-piece—he said he did not do such a thing—I took him to the station, and found on him four shillings in silver, and three halfpence in copper.
Cross-examined. Q. Was it not two o'clock in the day that you received information from Connell? A. Two o'clock in the morning.
Witnesses for the Defence.
ELLEN RAGAN . I reside at Bermondsey, I get my living by selling fish, and other things—I was at the Green Dragon on the night of this raffle—I put my basket on the table—I went into the room at half-past ten, and stopt till twelve—I went to the bar, because they were fighting there—there were three pints called for—the prosecutor came to my basket—he was quite drunk—he went two or three times outside the door with a young woman—he came in again—the prisoner was there, and he took a sixpence out of his pocket, and said he bad no more money—he then broke a saucer in my basket, and gave the landlord 2d. to pay for it—this was twenty minutes past one—the prosecutor had a pennyworth of winkles of me, and did not pay—he had no money—he was so drunk that he fell down, and was speechless—I believe the prisoner had a half-crown, and a shilling which was given to the landlord—I am no relation of the prisoner's.
Cross-examined by MR. COCKLE. Q. You saw the prisoner after he said he had no money, pass some, money to the landlord? A. Yes; that was after the prosecutor had been out with a young woman—I do not know whether it was a half-crown, I am sure there was a shilling—he went out, and came back again, and fell down again—he was sick and recovered himself—I heard at eight o'clock the next morning, that the prisoner was taken—I did not go before the Magistrate—it was known to all the people that the prosecutor was drunk, the landlord knew it the same as I did.
Cross-examined by MR. COCKLE. Q. Do you go by the name of Cunningham? A. My first husband's name was Cunningham—I have heard my son called Downes; that was my last husband's name.
NOT GUILTY .
BOWLER pleaded GUILTY . Aged 16.— Confined Twelve Months.
SMITH pleaded GUILTY . Aged 17.— Confined Six Months.
WILLIAM PAVEY . I live at 54, Kennington-lane. On 12th Dec., at about half-past twelve o'clock, in consequence of something that was said to me, I went into my shop, and missed a great coat, which I had put there about two hours before—I went into the street, and saw the prisoner about fifty yards off, with the coat on his arm—I came up to him, and said, "You have an article there which don't belong to you," and as I was going to catch hold of him, he threw the coat on my arm, and ran away as fast as he could—I ran after him, calling "Stop thief!" and a policeman came up and caught him—I did not lose sight of him—this is the coat (produced).
Cross-examined by MR. M'MAHON. Q. Did he not say he did it through
starvation? A. Yes; I only lost sight of him as he was turning the corners—I saw another man about two yards from him—I did not see that man afterwards.
ROBERT DAVIS (policeman, L 102). I heard a cry of "Stop thief!" saw the prisoner running, ran after him, and took him—I heard him tell the prosecutor that he did it through starvation, and he hoped he would be lenient with him.
JOHN HARVEY . I was a policeman last March. I produce a certificate—(read—Surrey Sessions, George Wilson, convicted, March 1850, confined three months and whipped)—I was present; the prisoner is the person.
GUILTY .** Aged 21.— Transported for Seven Years.
CHARLES SAXBY . I live at York-terrace, Queen's-road, Peckham. I occasionally employed the prisoner—about three weeks before I was before the Magistrate I missed three silver spoons, and in consequence of the inquiries I made a tablespoon came to my notice—this is it (produced)—it is mine—I also missed an old teaspoon, which I have not seen since.
Prisoner. Q. Did I not give up a gold ring to my mistress which I found? A. No—I did not give you any spoons to pawn.
SARAH STONNELL . I live with Mrs. Saxby, and have care of the plate. This table-spoon is Mr. Saxby's; it was found at Mr. Russell's, in the Kent-road—I was there—three weeks before I was before the Magistrate Mr. Saxby had some company, and there were extra spoons out—that afternoon the prisoner was allowed to stay to tea, and the next morning I missed two teaspoons—the old one was lost previously.
GEORGE MERSON . In Oct. I was in the service of Mr. Russell, pawn-broker, of the Old Kent-road. The prisoner came, brought this spoon, and asked if it was silver—I asked where she got it—she said her husband found it in Mill-lane, Deptford—she gave her name "Eliza Somerville"—I took the spoon into the parlour to Mr. Russell, came back into the shop, and the prisoner was gone—nothing was advanced on it.
ROBERT JEFFERIES . I am a jeweller, at Gloucester-place, Old Kent-road. About three weeks before I went before the Magistrate the prisoner came and offered to sell me a tea-spoon—it was similar to this pattern-one from Mr. Saxby's, marked in the same way—I refused to buy it; she asked why; I said because I believed she had not come by it honestly—it was afterwards offered to me by a man, broken—I believe it was the same; it was the same kind, and marked in the same way—a day or two previously the prisoner had offered me a small spoon, which I believe I bought.
Prisoner. Q. Did I not say the cook gave it me? A. No.
SAMUEL WRIGHT (policeman, P 172). I took the prisoner on 28th Nov., and told her Mr. Saxby charged her with stealing a silver table-spoon—she said, "Oh, Lord, I never had it!"—I received this table-spoon from Mr. Russell, and this teaspoon I afterwards got from Mr. Saxby for the sake of inquiry.
Prisoner's Defence. The cook gave them me, and told me to pawn them.
GUILTY . Aged 29— Confined Six Months.
DAVID HURST . I was barman at 287, Oxford-street, where the prisoner was potman; we slept in the same room. On 9th or 10th of Oct. I went into the country, leaving a pair of Wellington boots there—I returned on 22nd, and the prisoner was not there, or the boots—I never allowed him to use my things—these (produced) are the boots—I believe they are mine, but they have been altered a great deal—this piece on the side I put on.
Cross-examined by MR. HORRY. Q. Were you on friendly terms with the prisoner? A. Yes; I did not see the policeman till last Saturday-week—I did not trouble myself about any prosecution—I was very much surprised when the policeman called on me; I had then left Mr. Field's—the prisoner went away while I was away—I did not ask Mr. Field his address—the policeman brought me this summons (produced) on Saturday-week—I did not till then know that the prisoner was in custody—I did not want to prosecute—I did not say I was rather uncertain about the boots—I do not recollect the policeman saying I must come, or I should have a second journey—the boots were rather tight—I told the prisoner I would take 5s. for them as soon as keep them, and he proposed to give 5s. for them.
JOHN BENJAMIN PRESTON . I am in the service of Arthur Trumper, the prisoner's uncle. About three weeks or a month before I went before the Magistrate, the prisoner came to my master's with a pair of boots on his feet, and asked my master to lend him a pair of shoes, as the boots were worn out—he lent him a pair, and the prisoner took off the boots and left them—I gave them to the constable.
Cross-examined. Q. You have come all the way from Egham? A. Yes; that is about twenty miles from town.
HENRY UNDERHILL (policeman, V 37). I took the prisoner on another charge, at Harefield—he said the only thing he had done wrong was stealing a pair of boots from Mr. Field's in Oxford-street, which he had left at his uncle's at Egham—I got these boots from there.
Cross-examined. Q. On whose oath was this summons granted? A. On mine—Hurst did not give me any instructions to take the prisoner—he was acquitted on the other charge—I went to Mr. Field, and was instructed about the boots—the Magistrate did not tell me to look after the prosecutor before I took the prisoner—Hurst was very reluctant to come up: I do not recollect telling him he would have the trouble of a second journey if he did not—I learned his address at Mr. Field's—he did not say he had any doubt about the boots—I do not recollect telling him the boots could be proved to be his—I charge for my expenses in going to Egham, and being here to-day, and all the Sessions—the prisoner did not say he had done wrong in taking the boots without paying the 5s.—he did not tell me his mother was going to send a post-office order up.
The prisoner's statement before the Magistrate was read as follows: "I have nothing to say, only I am guilty, and beg pardon."
(The prisoner received a good character).
NOT GUILTY .
GUILTY . Aged 30.—He received a good character.—Recommended
to mercy.— Confined Six Months
WILLIAM TOWNSEND . I am a baker, of Battersea—the prisoner has been in my service nearly two years—it was part of his duty to serve my customers, receive the money, and pay it to me the same night—he has not paid or accounted to me for any money received on 1st Oct. or 3rd Dec. from Mrs. Tarling, or for any from Mrs. Maynard on 11th Nov.—when he paid me any money I put it down in this book (produced)—there are no entries here of those sums; there would have been if he had paid me.
ELIZABETH MAYNARD . I deal with Mr. Townsend for bread, the prisoner used to bring it. On 11th Nov. I paid him 6s. 6d., for which he signed in my book (produced)—the last bill he brought me he said he had a favour to ask me; that he had kept back some of my payment, and he would pay Mr. Townsend at so much a week if I would acknowledge the bill as though I still owed it; he had kept the money for the purpose of burying his mother, but he would pay back every farthing.
(The prosecutor gave the prisoners good character.)
GUILTY . Aged 45.— Confined Four Months.
MR. ROBINSON conducted the Prosecution.
MARY ANN FLOWER . I am a widow, and am a nurse at the Middlesex Hospital. In June and July, 1849, I was anxious to get a child into the Orphan Working School, and came in communication with the prisoner in that respect—she said, "I have a great number of votes at my command, but I cannot afford to give them gratuitously; if you can assist me in getting a person in whom I am interested, into the Governesses' Benevolent Institution, I can get your child into the Orphan Working School"—I told her I had no money of my own, and no one to whom I could apply except my sister, and she had assisted me so much since my husband's death that I doubted if she could—she had said she wanted a subscription to the Governesses' Institution, and could command 700 votes for the Orphan Working School, and for that she should want three guineas and a half, which were to be applied in purchasing proxies for the Governesses' Institution—when I told her about my sister she said, "You do not know what she might do if you were to try, to benefit the child"—I wrote a letter, gave it her, and she took it to my sister—she called again next morning, said my sister had given her a guinea and a half, and gave me this "I O U" for 300 votes (produced)—I believed she had the votes—she said in a fortnight or less my sister was to send her down another
sovereign, and then she would give me another "I O U" for 200, which would make 500 votes—a short time after that, she called and said she was in great want of a sovereign, would I send her to my sister for it—I said my little girl had then gone to my sister, and would be home about eight or nine—she said she wanted the money, and I borrowed a sovereign and gave it her, because I thought she would give me the Orphan Working School votes in return—I went to the election, expecting to have the 700 votes, but have never got them—I did not see the prisoner there; her name was publicly called in the room several times, and she did not appear.
Cross-examined by MR. PAYNE. Q. Did you go to her first, or she come to you? A. I went to her, from Miss Grove, at Hackney, to get votes for my child—she said she had the votes, and she was in gratitude bound to give me more than any other person, because Miss Grove had given her money.
JOSEPH SOUL . I live at Box worth-grove, Islington, and am secretary to the Orphan Working School; I know the prisoner. In June, 1849, I was assisting a friend at the election of the New Infant Orphan Asylum, and she came to me and stated she had a great many proxies of the New Infant Orphan Asylum, which she did not require, and asked me to take some of them, and give her the value in proxies of the Orphan Working School at some future time—I told her I did not require them—I afterwards took ten proxies, or 120 votes, and gave her a memorandum—I am not aware that she has influence in the Orphan Working School, further than by canvassing as other people do—she afterwards applied to me for half a sovereign, for the Governesses' Institution, and wished me to cancel this memorandum, and sent me a memorandum for six proxies—about Sept. 1849, I met her, and she told me she had collected either eleven or thirteen guineas for the Orphan Working School, which she would come and pay me before the November election—she did not come, and I did not see her again until she was in custody—I have examined our books and find, on 29th Nov. 1848, she paid me four guineas for proxies on that day at the London Tavern—I do not find her name since then.
Cross-examined. Q. Do not people very often give I O U's without having the present means of redeeming them? A. Yes, the collector receives the ordinary subscription, but the purchasing of proxies on the election day I receive—I post the books.
CHARLES WILLIAM KLUGH . I am secretary of the Governesses' Benevolent Institution—I know the prisoner—the first communication between her and the Society was in September, 1846, when she applied by letter and received relief—no payment has been made by her since May, 1849, no three guineas and a half for proxies, or anything else.
COURT. Q. May she not have bought proxies of persons without it coming to your knowledge? A. It is quite possible, but proxies bought in that way would not be valid if it was known.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
she had 300 votes for the Working Orphan School, which she would be sure to let me have, if I would give her two guineas and a half, to assist her in purchasing proxies for Miss Elliott, whom she was trying to get into the Governesses' Institution—I asked if she was sure of it—she said, "I am quite certain of that, because I have them"—I advanced her a guinea and a half on that assuranee—I subsequently sent her something else.
Cross-examined by MR. PAYNE. Q. Is this money part of that we heard of in the last case? A. Yes; it was for my sister's child; I gave part and she part—I paid altogether two guineas and a half, and my sister one guinea, making the 3l. 13s. 6d.
MR. ROBINSON. Q. Supposing she had not said she had the 300 votes, would you have advanced her the money? A. Certainly not.
JOSEPH SOUL . I am secretary of the Orphan Working School. The proxies for the November election are issued about the middle of October—no proxies were issued in June or July—every subscriber has a vote, but they have nothing authenticating it till Oct.
Cross-examined. Q. You had given her an I O U for 120 votes? A. Yes.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
JAMES SHERMAN . I am the minister of Surrey Chapel, and reside in the parsonage attached to it. On a Saturday evening, about the middle of the year 1849, the prisoner came to me—Miss Neale, who lives with me, came up with the prisoner to my study, and she took me off my guard by saying that she had just seen my children at Miss Peek's; that Miss Peek was a particular friend of hers, and had given her a guinea for the case of Miss Elliott, who she was deeply interested in, and wished to get into the Governesses' Benevolent Institution; that Miss Peek had sent her to me, stating that I would assist her in the case by subscribing a guinea to the institution—I said I had wished to subscribe to that institution, and gave her a guinea, which was a subscription from me to be paid by her to the institution—I gave it her, believing what she said was true—she said that Miss Elliott had been her governess, and she had had to support her for a long time, and she was very anxious to get her in at the next election—I then gave her a sovereign for her own case, because she said Miss Peek had sent her to me, and had given her a guinea—she then said she understood I was interested in getting a child into the Orphan Working School—I said I was very much so, and she said she had a great number of proxies at her disposal, that the Lord Mayor had given her his; and she mentioned a great number of individuals, whose names I now forget, whose proxies were at her disposal—she said that if I could assist her with more money in getting this governess into the institution, having these votes at her command, she could ensure the election of the child at the next election, and promised me 2,000 votes for the purpose; and I gave her 2l. in consequence of the statement she made about the proxies—I went to the election of the Orphan Working School, at the London Tavern; I did not find the prisoner there: I heard her name called by about twenty people I should think—some correspondence took place between Miss Neale and the prisoner previous to the election, but the letters have been destroyed.
Cross-examined by MR. PAYNE. Q. What was the name of the candidate you were interested in? A. Parker—the prisoner did not agree to work for Parker if I would give her 4l.—I did not give her the money for her time and labour in working the matter for Parker—I did not have a receipt from her in those terms—she did not sign any paper in reference to this money—she signed, "I O U" so many votes, I forget how many—she came one day when I was at dinner, and Miss Neale went with her into another room, and she gave her a paper, which was brought to me afterwards—it was an I O U for so many votes—I know of no receipt w hen the money was paid her—I do not know of one proxy being obtained for Parker by her instrumentality—she promised that a receipt should be sent by post for the guinea for the Governesses' Institution, but it never came—I did not see any receipt, and Miss Neale did not hand me any for the 4l.
MARY NEALE . At this time I resided in Mr. Sherman's house, as governess—I recollect the prisoner coming several times—on this particular Saturday she called in the morning, when Mr. Sherman was out, he said he would see her in the evening, and when she called, I went up with her to his study—I saw Mr. Sherman pay her the guinea for the Governesses' Institution.
Cross-examined. Q. When she came in the morning, did you give her Mrs. Parker's address? A. Not that day; I did a week or two after; she asked me for it—I think she returned, and said she had been—I do not recollect whether it was the prisoner or Mrs. Parker said that if Mr. Sherman would give a guinea for Mrs. Parker, she would return it—I know it was said—I recollect Mr. Sherman saying he had long intended to subscribe to the Governesses' Institution—she said how many votes she could get for Parker without Mr. Sherman asking her—I do not remember it being arranged that she was to have four sovereigns to work Parker's case—I gave her the papers relating to Parker's case—I do not remember her calling again, and asking me to ask Mr. Sherman to give her 2l. more—she called several times, and it was generally for money—I told her she had better see Mr. Sherman herself—she had 3l. 1s. on account of Parker's case, 2l. the first day, and a guinea subsequently—I think the second time when she called at dinner-time she wrote an acknowledgment; I do not remember when it was; it was a long while after the Saturday—Mr. Sherman requested me to take care of that paper—it was destroyed after the election—it was an I O U for a number of votes, and at the bottom she wrote an acknowledgment that she had received 3l. 1s. on Mrs. Parker's case—there was not a word about time and labour on it—we did not find any votes left at the office for Parker—Parker got in—I heard from the prisoner that she canvassed a good deal for the case, but not from any one else.
MR. ROBINSON. Q. Did you hear Mr. Sherman examined? A. Yes; his was a correct statement as to what took place—there was no paper given on the occasion of the 4l. 1s. being advanced.
JAMES SHERMAN re-examined. About a month or six weeks after this transaction, the prisoner called again, and stated she had been to Mrs. Parker, who had sent her to me for a guinea, which she would repay me when she had money, and I gave the prisoner a guinea on that representation—I gave her altogether 5l. 2s.
a widow. I had a child which I wanted to get into the Orphan Working School, and about the middle of last year the prisoner called on me on a Saturday morning, in the warm weather—she said she had seen Miss Peek, who was interested on behalf of my child, and had given her 1l. 1s. for my case, and sent her to Mr. Sherman, and he being out, Miss Neale sent her to me—she said if I would give her 1l. 1s., she would give me 200 votes at the election—I sent her to Mr. Sherman as I had no money, and he had always stood my friend, and asked him to lend it me, and I would repay him—I never got the votes.
ELIZABETH PEEK . I live at 8, Finsbury-square, and am single. About the 2nd June, 1849, the prisoner came to me, and said, if I would assist her candidate for the Governesses' Institution, she would give me 200 votes for Mrs. Parker's case—I did not give her any assistance, but shortly after a friend of mine called, and brought an I O U from the prisoner, and I gave that person a guinea—I did not see the prisoner after that—I might have mentioned Mr. Sherman's name to her, in connection with Mrs. Parker's case; but if I did, it was on the first occasion, before I gave the guinea—I did not send her to Mr. Sherman, or Mrs. Parker.
Cross-examined. Q. Had you not told the prisoner the should have the guinea? A. Yes, if she brought me the I O U for 200 votes.
GUILTY . Aged 27.— Confined Twelve Months.
(There were five more indictments, of a similar nature, against the prisoner; and Horsford, the officer of the Mendicity Society, stated that the prisoner got her living, in connection with a number of others, by imposing on widows at the London Tavern.)
WILLIAM ROOK HUSH . I was cook on board the Garland Grove, now lying in the East Country Dock. On Monday, 25th Nov., I had had a little drink, and was charged by the mate with an assault on him—I was taken before the Magistrate on the Tuesday—on the Sunday I had seen the prisoner at the ship, and we had some drink together—on the Tuesday I was ordered to find bail—the prisoner came to the station, and said he had tried to get two men as bail for me, but the Magistrate would not take them—he asked what I was going to do with my wages and my things—I said I would send to Mr. Eldon, who I lodged with, to look after them—I told him, as he had been a friend to me, under my mattress he would find a belt, with two half-crowns in it, which he was to bring to me—he did not bring them—I did not see him till he came to me at Horsemonger-lane—I was discharged, went on board the ship and received my wages, two 5l.-notes—I gave the prisoner one 5l.-note, 2l., a piece for the two bailers, and 1l. for himself—he got out of the ship, and said, "Come on, I will show you where your things are"—I said, "Who told you to take them out?"—they were the things I had left in the vessel—we went to a public-house to get change for a 5l.-note—the master said he could not change it, and the prisoner and one of the bailers flew out—the other stopped, and I
said, "Let me see where the things are"—they said, "There are the things"—I overhauled them, and missed a jacket, a double blanket a canvas bag of clothes, and some fat, which was safe in the ship when I left by the side of the bag of clothes—when I asked him what he had done with the two half-crowns, he said they were two pieces of wood.
Prisoner. Q. Did you not authorize me to get the fat, and take your things to the "Blade-bone," and get money on them; and you would give me your wages when you got out? A. No.
GEORGE BENHAM . I am a sailor, on board the Garland Grove. The day after Hush was given in charge the prisoner came on board the vessel for the belt to find some money to get the cook something to eat—I went with him to the forecastle to the cook's bed-place, and saw him take the belt, but nothing else—he left it and said, "There is something in it, that is what I want"—he came again next day, and said he had come for the cook's things—I went with him to the forecastle, and he told me to see he did not take anybody else's things—he took the cook's new white bag, which appeared full, his chest, the fat, and some dirty things, which he put in an old bag, the bedding and blankets—he left the ship, and I saw no more of him.
Prisoner. Q. When I took the belt, did you not ask me whether I was going to take the cook's clothes? A. Yes; you said you were coming for them to-morrow.
MARY ANN RUTTER . I am the wife of John Rutter, who keeps the "Defiance," at Deptford; it is also called the "Blade-bone." On the Thursday before I was before the Magistrate, the prisoner came to my house, and brought a chest, mattress, rug, and a lot of dirty clothes and cooking utensils—I did not see any blanket—I cannot tell how many bags there were—he said they belonged to the cook—I had seen him before, and understood he was in trouble, and the prisoner asked me for 10s. on the clothes, which I lent him—he said it was to pay his expenses, and the bailers, and to get the man out, and bring him down again to the ship—the things were locked up in our store-room, the key of which generally hangs in the bar—the cook came with the prisoner that evening, and was shown the things: he looked over them next day, and missed some of them—I cannot say whether the room had been locked all the time between.
CHARLES TREVAIL THOMAS (policeman, M 31). Hush gave the prisoner into my charge—he denied seeing the bag, clothes, or fat—at the station he said, "I took the fat and sold it in the Broadway, Deptford."
Prisoner. Q. Did I not say I sold it for 8s. 2d. to pay his expenses, and tell him where I sold it? A. No.
(The prisoner in his defence stated that Hurst told him to take the things to the "Blade-bone," and he sold the fat to get him discharged.)
GUILTY .—Recommended to mercy by the Jury.—Aged 32.— Confined Four Months.
ADJOURNED TO MONDAY, JANUARY 6 TH, 1851.