CENTRAL CRIMINAL COURT.
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, January 6th, 1851.
PRESENT—The LORD MAYOR; Mr. Ald. KELLY; Mr. Ald. HUMPHERY; Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury,
NOT GUILTY .
NEW COURT.—Monday, January 6th, 1851.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. CLARKSON conducted the Prosecution.
GEORGE SAMUEL FORD . I am an attorney, of Henrietta-street. On 24th Sept. I received this letter, not from the prisoner; but I have frequently seen him since, on the subject of this transaction, and have heard from him since that it was his writing—(read—"Sir, I have been recommended to you by Mr. Ellis and Mr. Ramsay, respecting the sale of some reversionary property, both freehold and funded, payable at the death of a lady now in her eighty-seventh year. If convenient, I will call on you this day, between two and three o'clock, and give you the full particulars. It is my father and grandfather's property. Captain William Poulton.")—on the day I received it, the prisoner called; he stated that he was entitled to considerable property, on the death of his mother; and he proceeded to state the instruments by which he became entitled to the property—he gave a description of the property, and the names of the executors under the will of William Poulton—he said he was entitled to 20,000l. on the death of his mother, who was eighty-seven, and had a policy in the Albion of 5,000l. on her life, that her
health was extremely bad, and she was not likely to live long; and on account of her age, she was very imbecile; he wanted to borrow on this reversionary property 1,000l.; that he was a captain in the army, on half-pay, and had been in the 13th Dragoons, in India—I took a memorandum from what he told me—he gave me this authority: (read—"I here by authorize you to peruse, at my expense, office copies of the wills of William Poulton, of Maidenhead, deceased, who died in 1810, and James Poulton, who died in 1822"—I sent my clerk to Doctors' Commons for them—he said he was the only surviving child, the others were dead—on the 25th I received a letter from him, in which he stated he had seen a gentleman who described his mother as past all recovery, and that he had copies of the wills in a carpet-bag, in the country, which was detained for 2l. 10s.; and if I would allow my clerk to go into the country with him, it would save all further trouble—he said he would call at my office, and requested me to lend him 10s.—he had said his mother lived at Colney Hatch—he called, and borrowed of my clerk 10s.; here is a memorandum for it—on the 28th he called again—I had learned at that time from my clerk that he bad seen him—he appeared greatly distressed, and said he had just received a communication from Mrs. Phipps, who had lived a long time as companion to his mother, that his mother had suddenly died; I then told him that there was no occasion for my going on with the loan, as the property would come into his possession; he wished me then to act for him, and gave me instructions to write to Mr. Robert Harris, of Reading, his mother's solicitor, one of the trustees, and executor under the will of William Poulton—he wrote this letter to Mr. Harris—(read—"Dear Sir,—You have, I presume, been made acquainted with the death of my mother, which took place at Colney Hatch, on Sunday last; as you are the sole surviving trustee under the will of Mr. William Poulton, I shall feel obliged by your giving to Mr. Ford any information respecting the property under the will.")—this was on the 30th, but on the 28th he had asked me to recommend him an undertaker, which I did, a Mr. Smith, the only person I knew—he took a few moments to consider, and then he said he thought he should employ some person at St. Alban's—he said he was going down to his mother's, at Colney Hatch, to look over her effects, to see if she had made any will, and how matters stood; and for that purpose he borrowed 25s. of me, to pay his fare—on that I took his I O U for 2l.—I re-paid my clerk the 15s. which he had lent him, which made him owe me 2l.—on the 30th he came, and said he had been to Colney Hatch, and seen his mother placed in her shell, and screwed down; and said he had put his seal on all the effects of the house, which he had left in charge of Mrs. Phipps, his mother's companion; that he had ascertained there was no will, and handed me a list of the effects—he said he had discharged ten female, and five male servants; that his mother's debts were very little, and her property amounted to 14,679l. 17s. 2d.—it was at this interview he gave me this letter, which I was to forward to Reading—my clerk took it there, and on his return he gave me some information—the prisoner said he had ordered some mourning, but he had not the funds to pay for it; he was anxious to appear respectable, and he asked me to lend him 15l. for mourning—I drew a check on my banker for 15l.—this is it, returned from my banker's—the prisoner gave me this I O U for it—I made these several advances on the
supposition that his mother was dead, and that he would come into possession of this property—if I had known his mother was alive, I should not have let him had it—he made a further representation that the 15l. was not sufficient to pay for the mourning, and he received 5l. more of my son, and gave him orders to pay the balance of the tailor's bill, 12l. 9s.; in the whole he received about 27l.; the last was on lst Oct.—in a month or five weeks afterwards I heard he was in custody.
Prisoner. You went into the office, and instructed Mr. Savage to give me the 10s.; I gave you the "I 0 U" for it, and you instructed me to go to Doctors' Commons, the next day, to read the will; Mr. Savage went with me, and I borrowed of him as. Witness. So Mr. Savage told me—I said you had better be there on the Monday morning, and I believe you were—I do not recollect that you said you should like 10l.—you possibly might have said that you should like to get the bag yourself—I expressed a wish that you should give me the letter which was written to Mr. Harris; you did express to me a desire to go and get this carpet bag, which contained the documents, and mentioned that it would save my clerk the trouble; I cannot tell on what day—I do not know whether you came on the Tuesday morning with the wills to my office, and gave them to Mr. Savage—Mr. Savage is here—since you had the money, there have been three or four messengers to my office.
(At the prisoner's request, a long letter was read, addressed by him to the prosecutor, dated from Lawrence Pountney-lane, on 25th Oct., in which he stated he was truly ashamed of his ungenteel conduct towards him; and had he not been drinking, he should not have misconducted himself by sending a parcel of cabmen to his office; that he was desirous he should get the money he had advanced him, and he was willing to give him any security on the state for his trouble and expenses.)
MR. CLARKSON. Q. I believe the prisoner made several communications to you in Oct., after he had got the money and the suit of mourning? A. He did; I took no notice of any of the letters—I made both these advances on his representation that his mother, on whom his reversion depended, was dead—I advanced the 25s. for him to go to Colney Hatch, to do decent service to his mother.
WILLIAM FORD . I am the prosecutor's son. I was present during the greater part of the time of his interviews with the prisoner on 28th and on 30th Sept.—when I went into the room, some conversation was taking place as to Captain Poulton's mother having died, and we were to ascertain whether she had made a will—he said he thought there was no will, and he wished us to write down to St. Alban's to ascertain that—then there was a conversation about the funeral—my father asked him whether he would employ a person in London, and mentioned Mr. Smith—he said he would decline that, and employ a person at St. Alban's—he asked my father to lend him 25s., to go down to Colney Hatch, and my father advanced it—he took two sovereigns out of his purse, and said there was 15s. he had had before—this was on Saturday—he came again on Monday, and said he had been to Colney Hatch, and seen his mother placed in the shell—he brought a paper of the property she had left—he desired my father to make application to Mr. Harris, the surviving trustee under one of the wills, and then that letter was written—he asked my father, I think, for 10l.; and after my father had agreed to that, he wanted it made 15l.—my
father gave him the check for the 15l., and the prisoner gave an "I 0 U"—he came afterwards to me in the clothes, and said he had not been able to pay all the bill, and the tailor would call on me, which he did—the prisoner got 12l. 9s. more.
Prisoner. Q. Did I not come on Tuesday morning with the wills? A. You brought two copies of wills.
WILLIAM SAVAGE . I remember the prisoner calling on 27th September that I advanced him 10s., and then 5s.—he came afterwards into the office, and said it was all over, his poor mother was dead, and he appeared very much affected—I introduced him to Mr. Ford, and the conversation took place respecting his mother's death—I saw the 25s. advanced, in addition to what I had lent him—on the 30th he came again—he said he had been to Colney Hatch; he did not think there was any will made, and he should be entitled to the whole of the property—I was not present when the check for 15l. was given—I went with the letter for Mr. Harris, the surviving trustee, at Reading—I went to the bank there, and heard he had been dead several years—I saw his executor.
Prisoner. I had the 15s. before the wills were read. Witness. I think you did.
JAMES PAYNE SILLS . The prisoner is my step-brother, by the same mother, but by a second father—my mother is alive—she was formerly Mrs. Poulton, but is now Mrs. Sills—she is sixty-four years of age—she never lived at Colney Hatch—I am not able to say whether the prisoner knew that she never lived there—I saw her this morning.
Prisoner. Q. Have not I been to you at Colney Hatch, and you told me my mother was so ill I could not see her? A. Yes; you did not sleep in one of the outhouses—I cannot tell the date when you were down last; it was on a Sunday—I do not remember saying then that your mother was so unwell you could not see her.
JOSEPH COMBER KNIGHT (City policeman, 437). I took the prisoner on 22nd Nov.—he represented himself as a captain in the Dragoons—when he was searched, the letter "D," signifying deserter, was under his arm.
Prisoner's Defence. I had no idea whatever of committing any fraud; to this day I do not know what I am entitled to under the wills of my father and grandfather, for I cannot get at the bottom of it; I cannot see my mother; I am told there are India bonds, which I do not know anything of; the only information I can get is from Dr. Burke; Mr. Ford has stated that it would take a week to go through the will; there is in it a gift of 25,000l. odd; I gave the "I O U's," knowing that they were legal documents, and if they had sued me they could get the money; I wrote to Mr. Ford afterwards, to express a desire for him to go on with the business; if I had wished to commit a fraud I should not have written to him from Lawrence Pountney-lane; I sent messengers to him, wishing him to go on with obtaining a loan for 1000l.; I do not see for what I am taken, for there is ample means to pay the money I have borrowed.
GUILTY . Aged 45.— Confined Twelve Months.
(There were two other indictments against the prisoner.)
GUILTY . Aged 37.— Confined Twelve Months.
GUILTY . Aged 24.— Confined One Year,
WILLIAM CORNHILL . I am shop man to Edwin Kendall, a boot-maker, of St. John-street-road. On Saturday evening, 21st Dec, about a quarter before five o'clock, I was inside the shop, and saw the prisoners outside, close to the window—I saw Andrews cut these boots down, which were all hanging together—the other prisoner was standing close by the side—I went to the door, and he dropped the boots—I saw a gentleman pick them up—I can swear to them.
Andrews. I did not have a knife in my hand.
Warmisham. I was going along, and a man called, "Stop thief!" and took hold of me.
ANDREWS— GUILTY * Aged 15.
WARMISHAM— GUILTY , * Aged 15.
Confined Twelve Months, and Whipped.
OLD COURT.—Tuesday, January 7th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KELLY; Mr. Ald. GIBBS; and MR. RECORDER.
Before Mr. Recorder, and the Second Jury.
MR. BALLANTINE conducted the Prosecution.
HENRY SELLERS (a prisoner). I was fifteen years old last June—I live at 5, Brown's-buildings, with my father, who is a workman in the East India warehouses. I was in the service of Messrs, Wich, Newman, and Co., indigo brokers, as errand-boy—I had been nine months, or a little more, in their employ, before I saw the prisoner—I first saw him in Oct., when I was in Mincing-lane, with an errand-boy, named Frederick George Woodgate, who works for Milner and Co., of Hart-street, Crutchedfriars—the prisoner said, "Boy!" and beckoned to me—I was standing leaning my back against the railings of the Commercial coffee-rooms—he had a basket on his back, which he mostly carries with him, strapped across his shoulders—I left Woodgate standing against the Commercial coffee-rooms, and went to him; he was on the opposite side of the street—he came halfway across the road, and I went halfway across, met him, and we walked back to the pavement where he was before—I left Woodgate—the prisoner said to me, "Boy, are you not in the indigo trade?"—I said, "Yes"—he asked who I was employed by—I said, "By Messrs. Wich, Newman, and Co."—he asked whether they were not
some relation to Messrs. Wich and Gadsbury, of Great Tower-street—I said I believed they were—he asked me whether my master had any old indigo samples for sale—I told him no, my master always returned his samples to the warehouses—he stopped to consider, and I asked him what he wanted with me—he said, "Who do you let have your dust?" (meaning indigo dust)—I said I had no perquisites; it is sometimes the boys' perquisites—he said, "Then you get high wages?"—I said I did not, my wages were 5s. a week when I was employed at sale times, which lasted a fortnight; and if my master wanted me on any other day he gave 1s. a day for it—he said, "That is very low;" he knew boys smaller than me, and not so old, who got more money—I said, "Do you; I wish I had a better place, but the work is light, and my master is very kind to me"—he told me he could tell me how I could get more money—I asked, "How is that?"—he said, "Your master has a great many indigo samples down; if he has got 100 samples down, and you only take one square out of each, it only weighs one ounce, you will have 100 ounces, bring them to me and I will buy them of' you"—I said, "An honest penny is worth a silver shilling, and I will not do it"—at that time Woodgate came up and said, "Wich, I am going" (we go by our master's names)—I said, "Good bye, Mill," that was his employer—he went through the sale-rooms which lead from Mincing-lane to Mark-lane—Barnett left me and followed him—I did not see whether he spoke to him; I was in a hurry—this was about half-past ten in the morning—I think there were sales going on; it was in the middle of sale times, but they do not begin until twelve—I had to take some samples from my master's to Mr. Milner to be put up in the sale, and I had to go to Messrs. Mason and Co., in Mincing-lane, to get some samples—the sale is on the second Tuesday in the month, and this was a week after they had begun—I saw him frequently between that time and 6th Dec.—I might have seen him to speak to him about three times a week, or more, but I shunned him as much as I could—it was only when I met with him coming out of a broker's sale-rooms that I used to speak to him—he addressed me; he always asked me if I had made up my mind—I saw him on Friday, 6th Dec, between Hart-street and Crutched-friars—that was not during the sale times; the sales were over about four weeks then—I was not in regular employ at that time; I had had no work the whole of that week—I was standing thinking, and he said, "What are you breaking your head about, when the golden ball is so near your hand?"—I said, "Nothing"—he asked me whether I had made up my mind—I told him yes, and asked him whether I should bring him some down next morning—he said, "No, it is my Shobbosh, let me see you down on Monday morning as early as possible"—I went to my master's on the Monday to see if there was anything for me to do; I called in every morning to see—I went about nine o'clock, or a quarter past; I do not think it was later—I took five pounds of indigo; I weighed it—(Barnett told me on the Friday afternoon that he lived at 16, Grace's-alley, Well's-street, Wellclose-square)—I took it from a chest under the large table in the show-room, put it into two brown-paper parcels, and put one into each pocket—there was no clerk there—I took it to Barrett's shop; he keeps an old clothes shop—there are clothes in the window, which was shut down—there is no appearance of any other trade—the door is half
glass, and is always shut—I got there about a quarter to ten—I went straight there—Mrs. Barnett was standing at the door; she opened it directly she saw me, and called out, "Barney," without my telling her my errand—the prisoner came from the parlour, which is alongside the kitchen—they both open into the shop by glazed doors—Barnett looked round, and seeing the servant in the kitchen, who could see into the shop, he put a pair of trowsers into my hand and said, "Oh, you want a pair of trowsers"—I looked at them, and did not know what to say—he said, "Oh, if they don't suit you, come this way," and took me behind the counter, where the servant could not see us—there were scales on the floor—I took the indigo out of my pocket, untied it, and put it into the scale—he weighed it, and said there was only 3lbs.—I looked down, and said there was 5lbs.—he said, "Oh, ah! I make a mistake"—he gave me five shillings for it—I had not made any arrangement with him about it previously—next morning I stole 4lbs. more, out of the same chest, and took it to Barnett—he was standing at the door with a round cap on—it was about ten o'clock—the breakfast things were on his table, and he showed me a meerschaum pipe—I asked him the price of it, and he said he would take 6lbs. of indigo for it; he would take the 4lbs. then, and trust to ray generosity to give him the other two—I said he wanted to make too much of a market of me, wanting six shillings for a pipe which I could buy for a half-crown any where—he pressed it upon me, but I got off it by telling him I did not smoke—he said it was a real meerschaum, and very good, but it was not—he gave me four shillings for the indigo—his wife came out of the parlour, and asked me whether I could get her any saffron; I said I would see—she said, "Because I use it for colouring my soup"—I said, "What! instead of turmeric?"—she said, "Yes"—saffron is 32s. per lb.—be said he would give me a very good price, fourpence an ounce—I don't know the price of turmeric—next afternoon I went to my master's—I had to clean the place up—I did not get any saffron—I looked in the drawers, and came across the cochineal drawer—I took 4lbs. of cochineal, and took it to Barnett—I said he must give me a good price, for it was very high in the market (the price in the market was from 5s. to 7s. 6d. per lb.; my master had sold some that morning at 5s.)—Barnett gave me 1s. per lb., telling me that it did not fetch more than half a crown in the market—next day I stole 5lbs. more of indigo, and took it to Barnett—he said, "You are going on anyhow; you are bringing it like a maid drinks"—I said I could not do any better; I was insolent to him, but I don't recollect the words I said—he said, "Watch it, how you are going on, for I will split"—I forgot to mention that, when I was up at the court; I was flurried—on Thursday morning, Dec. 1st., I stole some more indigo from another box, called the square box—I think it was 10lbs.; I did not weigh it—I cut some slits in the lining of my coat, and put it between the lining and the cloth—I then went into the counting-house, and Mr. Appel the clerk laid hold of me by the pocket, and found what I had got—something then passed between me and my master, and while he went out for an officer I helped Mr. Appel to mark the indigo with "A," his initial—I then put them into the bags again—I left one bag there, and took the other, which weighed 6lbs., to Barnett (the bags were what I carried my ground-bait in when I went fishing)—the officers in plain clothes walked behind me—Barnett was standing at the door—I went in, took the bag out of my pocket, and gave
it to him—he took it behind the counter, where the scales were usually kept and gave me four shillings, which I kept in my right hand—I only had one penny in my pocket and a pipe—I went out and took off my cap, which the officer had told me to do for him to see which house I came out of—I gave the money to Trew.
Cross-examined by MR. HUDDLESTON. Q. Who do you live with? A. My father and mother—I get my food with them—I am their only child—my father is a coach-painter, but works as a labourer in the employ of the East India Company, in the docks—before I went into Messrs. Wich's employ I was with Mr. Hopcroft, a newspaper agent of Mincing-lane—I was not turned away from there—I left because the walking was too much for me—I was out of employ about two months before I got into Mr. Wich's—I have never been in gaol, or ever in a Court, either as a witness or a spectator—I did not go and tell my master directly the prisoner first spoke to me about robbing my master—I was excessively indignant—I felt that such a thing was an insult to a virtuous boy—I had never wronged anybody of a pin; I thought I had strength enough in my own fortitude to keep away from doing it—I saw my master two hours afterwards—he is very kind to me—I saw my father and mother that night—I did not say a word to them; if I had, they would have put a stop to it—my father would have taken me directly to my master, and taken my master to this Jew, and had him brought up, and ray father would not have encouraged me in dishonesty—I did not look out for a policeman when I saw the prisoner in Hart-street—I most always saw him in Mincing-lane—there were people about there—I knew about turmeric, because I used to live in the same house with some German Jews, and used to hear them talk about putting turmeric in their soup—I have heard them say shobbosh, for sabbath, and knew that it was the regular word—I spent the money Barnett gave me, in pastry and foolishness, tobacco, apples, and nuts—I do smoke—I told Barnett I did not, because he perforced the pipe on me—he had never seen me smoking.
FREDERICK GEORGE WOODGATE . I live with my father at 6, Hand-court, Upper Thames-street, and am in the service of Mr. Milner, indigo broker, of Crutched-friars—I know Sellers and the prisoner—I was with Sellers in Mincing-lane, and we met the prisoner, who beckoned with his head to Sellers from the other side of the way—Sellers and I went half-way over to him—Sellers went to Barnett, and I left them, and did not speak to him after I saw him speaking to Barnett—I did not say, "I am going," or anything of the sort that I recollect; I am not quite sure—I have known Barnett about six months—he has spoken to me three or four times—it was before he spoke to Sellers—he has not spoken to me on the subject of Sellers and his employers.
Cross-examined. Q. What time of day was this? A. Between twelve and one o'clock, I think, I am not certain—I knew then that Barnett lived at Grace's-alley, Wellclose-square; he had told me so—when I used to meet him it was in Mincing-lane, Hart-street, and Crutched-friars—I do not know that he used to attend sales.
GEORGE APPEL . I am clerk to John Gerard Wich and Co.; he has only one partner; they are commission-merchants, at 11 Bury-court, St. Mary-axe. Sellers was in their occasional employ as errand-boy; he had access to the room where the sample boxes were kept—my suspicions
were aroused by some cochineal being missed, and on 12th Dec, about half-past nine o'clock, I stopped Sellers coming down from the sampling-room, and told him to take out what he had in his pockets—he took out this indigo, and made a communication to me—I marked it, and gave him back a portion of it in a bag—Mr. Wich had gone for an officer, and we followed Sellers to Barnett's shop—the prisoner was standing there with a white hat on—Sellers went in—I passed the house, but could not see what was going on in the shop—the prisoner followed Sellers in directly—in two or three minutes Sellers came out, and went towards the officers—in about two minutes I followed the officers into the shop, and saw the prisoner in his back-parlour standing looking at some indigo which, was in a scale on a chair by the fireplace.
Cross-examined. Q. You did not hear him Ray anything? A. No; I think something passed, but I was about five steps behind the officers, and I cannot hear very well—I had marked each piece of indigo by Mr. Wich's directions—the wholesale price of it is 5s. 6d. or 6s. per lb.
GEORGE TREW (City-policeman, 26). On 12th Dec. Mr. Wich applied to me, and I saw some indigo marked—I and Mr. Appel and another officer then followed Sellers to Grace's-alley—I and the other officer watched from inside a public-house opposite, and saw Sellers go into the prisoner's house; he remained in two or three minutes, came out, and pulled his cap off with his left hand, which we had arranged that he should do if he sold the indigo—I went across to him, and found 4s. in his hand—we then went into the shop and into the back-parlour—the boy went in first—I was close by him, and saw the prisoner standing with a scoopscale with some indigo in it, examining it—I said, "Mr. Barnett, I want that indigo that you have bought of this lad"—he said, "Here it is, I have not bought it, the boy has left it"—I said, "The boy says he sold it to you for 4s., and I have got the money"—he made no reply—I said we were officers in plain clothes, and we must take him in charge, and search his place—he said, "You are welcome to search"—I took the indigo; it was the same that had been marked—the shop appeared outside to be an old clothes-shop—I searched, and found a bag of rice, three bags of raw coffee, one bag of gutta-percha, a bag of chestnuts, some bags containing samples of sugar, a bag of nux-vomica, a bag of calculus indices, some spices, and various samples in bottles; they have been given up to him; a small paper parcel of arrowroot, seventy cigars, and other articles; I have not got a list of them—they were all in the shop under the counter except the cigars, and they were in a cupboard in the bedroom—the gutta-percha was standing in front going into the shop—I found no more indigo.
Cross-examined. Q. You took all these things into your possession? A. I did; I have returned every one of them to the prisoner's friends—I kept them for about a fortnight.
MR. BALLANTINE. Q. I suppose you made inquiry about them? A. Yes; I found out that a great many of them had been purchased, and I found bills of them on the files—I found no bill of the indigo.
GEORGE APPEL re-examined. Nothing was done with these pieces of indigo when they were taken out of the bag except marking them and putting them into the bag—I know what sample-dust is, it is not a perquisite of the errand-boy's that I know—the indigo produced is not sample-dust.
MR. HUDDLESTON submitted that upon this evidence the prisoner could not be found guilty, even supposing credit was given to the boy's statement, that to substantiate a charge of receiving, there must first be evidence of a larceny; and if, as in this case, after the original taking, the goods came again into the possession of the master, a subsequent accepting them, even with a guilty knowledge, would not amount to the offence charged; the same point arose in Reg. v. Lyons, 1 Car. and Mar. 217, which was, however, decided adversely to the prisoner. The COURT did not think there was anything in the objection.)
(Mr. Samuel Gregory, solicitor, Lord Mayor's Court-office, and 25, Theberton-street, Islington; and Lewis Cowan, of 65 Great Prescott-street, deposed to the prisoner's good character.)
(MR. BALLANTINE proposed, in reply to the evidence to character, to call a witness for the purpose of proving an invitation by the prisoner to the witness to rob his employer. MR. HUDDLESTON contended that this could not be done, except where a previous conviction was charged. MR. BALLANTINE put it on this ground, that as witnesses to character were called with a view to show that the party charged was unlikely to commit the particular act, it was competent to him to rebut that, character by tuck evidence as he proposed to adduce. The COURT was of opinion that the evidence could not be received. MR. BALLANTINE further proposed to call a witness, and to ask him whether he had ever heard anything against the prisoner, referring as an authority for this to Reg. v. Stannard. 7 Car. and Payne. The RECORDER did not think such a question could be put; it would be perfectly admissible to prove that he bore a bad character in his own neighbourhood; but as the Court had not permitted proof of another offence to be given, mere hearsay to that effect was clearly not evidence; he thought it was competent to give counter evidence of general reputation, and such evidence he would receive, reserving the point if necessary. MR. BALLANTINE rather than incur any delay, did not press the matter farther.)
GUILTY . Aged 56.— Transported or Ten Years.)
GUILTY . Aged 21.— To enter into recognizance to appear and receive judgment when called upon.
MR. BODKIN conducted the Prosecution.
EDWARD BELTON . I am a draper, in the New North-road, and am a customer of Mr. Woolmer, of Aldersgate-street. On 9th Aug. I paid the prisoner 3l. 10s. on account of Mr. Woolmer, for which he wrote this paper in my presence (produced)—on 16th Aug. I paid him 3 further sum of 6l., for which he wrote this memorandum on the same bill—the total is 11l. 6s. 10 1/2 d—this "I. S. F." are the prisoner's initials—this account accurately represents the amount of the goods that had been delivered to me; they were accompanied by previous invoices.
Cross-examined by MR. CLARKSON. Q. Had it been the practice to pay him in small sums from time to time? A. Yes; this bill originally came to 12l. 3s. 5 1/2 d.—there is a deduction of 4s. 7d. for discount, and a further deduction of 12s., which ought to have come into the following
month—this 4s. 10 1/2 d. is the discount on the amount—I was mistaken about the 4s. 7d.; that is not for discount; that means credit for goods returned—this, "Settled Aug. 23rd," is in the prisoner's writing—I paid him 1l. 12s. on the 23rd, and that closed the month's account—these dates of Aug. 9th and 16th are in the prisoner's writing.
MR. BODKIN. Q. And signed with his initials? A. Yes; on the 9th, I paid him 3l. 10s.; on the 16th, 6l.; and the balance, 1l. 12s., on the 23rd—these words, "By cash, 3l. 10l.," and "By cash, 6l.," are the prisoner's writing.
JOHN HENRY WILSON . I am a draper. I dealt with Mr. Woolmer, of Aldersgate-street—on 20th Aug. I paid the prisoner 5l. 6s. 6d., on Mr. Woolmer's account—this is his writing on this account (produced)—that closed the account.
JOHN WOOLMER . I am a wholesale draper, in Aldersgate-street. I also keep a retail shop—the prisoner came into my employment in February last, as clerk and collector—he generally went out twice a week to collect—be generally made out his own list from the ledger, according to what district of the town he was going to—it was his duty, on his return, to account for all moneys he received from the various parties from whom he had collected it—I always attended to him as soon as he returned, unless I was about anything special—I keep a cash-book (producing it)—I generally entered here the sums which he told me he had received—he sometimes entered them himself, nobody else did—he always handed me over the money he had received—I always took the money, whether he or I made the entry—he made no entries in my absence—on 9th Aug. here is an entry of 1l. 10s. 3d. to Mr. Belton's account, in my writing—that was entered from the prisoner's report to me, and he handed me 1l. 10s. 3d.—the entry is, "9th Aug., to £. Belton, 1l. 10s. 3d., posted at folio 162 in ledger"—the "Belton, 1l. 10s. 3d." is in my writing—the figures "162" I believe are the prisoner's; I am not quite positive whether they are his or mine—(referring to the ledger) the entry here at folio 162 is mine; "1l. 10s. 3d. to the credit of Mr. Belton's account"—on the 16th he reported to me the receipt of 5l.—there is a reference in the cash-book to folio 162 in the ledger; that reference is in the prisoner's writing—the entry in the ledger is 5l., in the prisoner's writing—on 19th Aug. there is an entry in the cash-book of 4l. 18s. 3d. received of Mr. J. Wilson; that is my writing; there is a reference to folio 394 in the ledger, in the prisoner's writing—the entry in the ledger is, "19th Aug., posted folio 33; cash, 4l. 18s. 3d.," by the prisoner—in Mr. Wilson's account in the ledger, on 25th May, I find an alteration; the original entry was 3l. 14s. 9d.; the "3" has been taken out, and the 14s. 9d. left standing—there is an erasure in the pounds column,—this "B., folio 8," refers to the journal from which that entry was made—the journal is the book in which the sales are entered at the time—the greater part of the posting is in the prisoner's writing—this is the journal B (producing it)—the amount of goods there invoiced on 25th May is 3l. 14s. 9 3/4 d.—that entry is in the prisoner's writing—on 3rd July there is an entry in the ledger to Wilson's account of 9s. 11d., in the prisoner's writing—the original entry was 19s. 11d.; there is an erasure before the 9, where the I was—there is a reference to the journal 557. and in the journal I find "Wilson, 19s. 11d.," in my son Henry Woolmer's
writing—that would show that my son attended to the entry—the goods might have been sold by another party—the prisoner posted that from my son's entry—on 10th July there is an entry in the ledger, in the prisoner's writing, to Mr. Wilson's account, of 1l. 5s. 4 3/4 d.—the "1l" is written on an erasure, it is quite in uniformity with the other figures, I believe it to be the prisoner's writing—there is a reference in his writing to the journal 589—the amount of goods there entered as sold, is 2l. 5s. 4 3/4 d.—that is also in my son's writing—on 16th July I find an entry of 19s. 3 3/4 d., in the ledger, to Wilson's account, in the prisoner's writing—there is an erasure there, in the pounds column—there is a reference back to the journal B 78, and in the journal the entry is 1l. 19s. 3 3/4 d., in my son's writing—there is an entry of 4l. in the ledger, to Mr. Wilson's account, which does not appear in the cash-book at all—that refers to a return—I have made a mistake, it is 4s.
Cross-examined by MR. PARRY.—Q. Do you say it was always his duty to give you the account when he came home? A. It was; I do not recollect an instance of his giving me the account next morning—I have been out of town on particular occasions, but not above once in six months; his collecting days were twice a week—his account has not to my recollection, been postponed to the following morning—he rarely accounted to my son; but if I was out of the way be might; he has done so several times when I have been out of town—that is the son who makes the entries, these entries in the Journal are in his writing—one of my sons went to Edinburgh, but not without my consent—I had not had reason to complain of his conduct, and have not said so; we did not quarrel about the accounts; he was not in the habit of collecting—one other clerk had access to the books, besides my two sons.
MR. BODKIN. Q. Was the son who is in Edinburgh in the retail department? A. Yes, and had nothing to do with the wholesale.
HENRY WOOLMER . I am a son of the last witness; I assist in the wholesale department, the prisoner has accounted to me five or six times for money he has collected—I have always taken down his account, and handed over the amount faithfully to my father—I find in this journal an entry on 3rd July, of goods sold by me to Mr. Wilson, amounting to 19s. 11d.; on 10th July to Mr. Wilson, 2l. 5s. 4 3/4 d.; and on 16th July to Mr. Wilson, 1l. 19s. 3 3/4 d.; they are in my writing—this "501," in the prisoner's writing, refers to the ledger, where at that folio I find the 19s. 11d. entered as 9s. 11d.; the 2l. 5s. 4 3/4 d. as 1l. 5s. 4 3/4 d.; and the 1l. 19s. 3 3/4 d. as 19s. 3 3/4 d.—I know nothing of those alterations.
Cross-examined. Q. Have you been in the habit of going about with him? A. Never but once; we staid out all night together, and each paid our own expenses.
JOHN MARK BULL (City-policeman, 151). I took the prisoner at Basingstoke, in Hampshire, and told him the charge—he said it was a bad job, he hoped Mr. Woolmer would be merciful to him. (The prisoner received a good character.)
GUILTY Aged 24.— Confined Eighteen Months. Mr. WOOLMER stated the amount of his loss at 110l.
GUILTY . Aged 33.—Recommended to mercy by the Prosecutor, believing him to be in extreme want.— Confined Three Months
NEW COURT.—Tuesday, January 7th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KELLY; Mr. Ald. GIBBS; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 19.— Confined Twelve Months,
BAILEY pleaded GUILTY . Aged 20.
LOVELOCK pleaded GUILTY . Aged 26.
Confined Twelve Months
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SUSAN BLAKE . My husband keeps a beer-shop, in Colt-lane, Bethnal-green. On 22nd Dec. the prisoner came for half a pint of beer, about half-past two o'clock in the afternoon—he gave me a half-sovereign—I showed it to my husband—it was a bad one—he came and asked the prisoner if he was aware it was bad—he said, "No"—he then paid me with a penny.
THOMAS BLAKE . My wife showed me the half-sovereign—I considered it bad—I said to the prisoner, "Did you give this half-sovereign?"—he said, "Yes"—I said, "Are you aware it is bad?"—he said, "No"—he said he took it of Mr. Burford, a man who goes about with greens and other things—I said, "Come with me to Mr. Burford's"—we went on, and in going along, I said I thought he had known it was bad, and a man who was with me went for a policeman—I asked the prisoner if he had any more about him—he put his band into his pocket, and pulled out a had sovereign—I gave him, and the sovereign and half-sovereign, to the officer.
Prisoner's Defence I took them both for articles I had sold; I was not aware they were bad.
not know where Burford lived—when he got to the station, he said he took the sovereign and half-sovereign at market, before daylight, on the Saturday morning. (The prisoner received a good character)
GUILTY. Aged 25.—Recommended to mercy by the Jury .— Confined One Month
Before Mr. Common Serjeant and the Fourth Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS MURPHY . I am a hawker, and live in Wentworth-street. On 22nd Dec. I went with the prisoner to a public-house—at the door he took a leathern purse out of his pocket, and a shilling dropped down—I took it up, and offered it to him—he said, "Never mind; that will do"—I ordered a pot of beer, and tendered that shilling—I was told it was bad, and it was given back to me—the prisoner had gone out when I put the shilling on the table—I saw him in about a minute, and I told him be had no business to give me a bad shilling in that way—he said he did not know it was bad; he had taken it in change.
Prisoner. You dropped the shilling out of your own hand. Wittiest. No; I picked it op off the grating in the street.
HENRY JACKSON . (police-sergeant, K 11). On the evening of 22nd Dec. I was called to the public-house—the prisoner was just leaving—I asked if he bad got any bad money about him, as the landlord had told me there was a bad shilling passed—he said, "No"—I put my hand into his left-hand trowsers pocket, and took out three bad shillings; and as we were going to the station, he dropped these two shillings from his person—I took them up.
Prisoner. Q. Did I not say I did not know they were bad? A. Not at that time.
Prisoner's Defence. This man, Murphy, has been parted from his wife, and he has been convicted; he asked me to go out with him; he went into the public-house, and called for the beer, and then he turned round on me, and told the policeman that I had bad money; I did not know it was bad; he spends more money than any man in the neighbourhood, and he has not done an hour's work for some time; he goes about passing bad money.
GUILTY . Aged 34.— Confined Twelve Months.
MESSRS. BODKIN and CLERK conducted the Prosecution. HENRY MASON. I keep a chandler's shop in Clement's-lane, Strand. On 30th Nov., the prisoner came for half a pound of bacon—he paid roe
with a bad 5s.-piece—I said it was bad—he said, "Give it me back; I took it at Forder's," or some such name "at the public-house"—I asked him to go there with me—he went to the door, and ran away—I kept the crown, and gave it to 63 F—this is it (produced)—I marked it the same evening.
MARY DELL . I am the wife of James Dell; he keeps a beer-shop in Clement's-lane. On 9th Dec. the prisoner came for a glass of old ale, and tendered me half-a-crown—I bent it with my teeth, and said it was a bit of lead—he took it up, and said he took it, over the way—he drank the ale and said he had no other money, he would look in again—he went away with the piece of money.
SUSAN WILSON . My mother keeps a chandler's shop. On 4th Dec. the prisoner came for some bacon, the same as he had had before—he had some and some tea—they came to sixpence—he laid down a bad 5s.-piece—I said I had no change, and was going to take it up to give it to ray mother, and the prisoner snatched it up and said, "If you have got no change I have"—he paid for the things, and took away the 5s.-piece—on the Monday following he came again, about nine o'clock in the morning—I recollected him—he said, "Have you got any bacon the same as you had last week?"—I said I had no bacon, for I was afraid to serve him—it was a foggy morning, and I had no one there—he then said he would have some eggs; he had fourpenny worth, and put down a bad half-crown—I said I had no change, I would go out and get it—I went to take up the half-crown, and he caught it up, and said, "If you have no change I will get it"—he put down the eggs and ran out of the shop—the same evening he came again, and asked for the eggs he had purchased in the morning, and an ounce of tea—he put down a half-crown, I took it up and said, "This is a bad one"—he said, "Is it"—I said, "Yes"—he said, "Let me see"—I said, "No; I will not"—I called my mother and gave it to her—I ran out and fetched a butcher—when I returned, the prisoner was standing by the door—I said, "Yon shall not move till a constable comes; this is the third time you have offered me bad money"—he disengaged himself and ran away—I ran after him, calling "Stop thief!"—the butcher came and took hold of him—both my mother and I marked the half-crown, and it was given to the officer.
MARY ANN WILSON . On the night of 9th Dec. my daughter gave me a bad half-crown, and said, "Mother, is this a bad one?"—I said, "It feels a bad one"—the prisoner who was in the shop said, "Give it to me"—I said, "Oh no"—I gave the half-crown to the officer—this if it.
Prisoner's Defence. I was waiter at a house in Newcastle-street, Strand, and that was how I got the money; I did not know they were bad.
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY . * Aged 23.— Confined Twelve Months.
past four o'clock in the morning, I saw the prisoner coming out of the door of Mr. Graves's public-house; I saw she had got something in her lap under her shawl—I stopped her, and asked what she had got—she answered, "Nothing"—I said I was sure she had, and on looking in her lap, I found these two stone bottles, and a glass bottle in her apron under her shawl—I asked where she got them—he said, "O dear, don't tell my master"—I took the two stone bottles from her lap, and while I was putting them on the pavement she threw the glass bottle at me, and broke it on the stones—I took the two stone bottles and the prisoner to Mr. Graves—there had been rum in the bottle which was broken, a part of the bottom of it stuck up, and there was rum in it—I called up Mr. Graves, and told him in the prisoner's presence what I had stopped her with—he said to her, "This is a very queer way of going on"—I asked him if he would give her in charge—he said he would consider of it—she said, "Oh! dear Sir, do forgive me, I was tempted to do it"—she said nothing more that I can recollect—the signature to this deposition is mine—it was read over to me.
Q. Did she not say, "I have borne a good character all ray life, and I should not like it to be blemished for this?'" A. Yes; I beg pardon, I forgot it.
Cross-examined by MR. GIFFORD. Q. Do you mean she threw the glass bottle at you? A. Yes, while I was putting the two stone bottles on the pavement—I have no doubt she meant to hit me.
GEORGE GRAVES . I keep the Three Tuns public-house in Turnmill-street. The prisoner was employed by me as a char-woman—she was engaged to work on 23rd Dec.—I was called that morning by the officer, and the prisoner was with him; she begged forgiveness, and said she did not know what came over her to tempt her to do the act—these stone bottles belong to me, one is nearly full of brandy, and the other of gin; she must have got them from a room up-stairs where I keep all the bottles—neither of them were in the bar the night before.
Cross-examined. Q. Where was her situation on the premises? A. She had to cross the bar to go to the kitchen to wash, and she took the clothes to the top of the house to dry in a large room where we keep these bottles—there was no one else working in the house—I have a servant girl and I young man—the prisoner was engaged to assist the servant, in the course of their duties they would be together—these bottles resemble those I have—I have tasted the spirits, and I judge by the taste it is mine—the prisoner said, "I don't know what could tempt me to do such a thing"—I believe I stated that before, or something to the same effect—this is my hand-writing to this deposition—(The witness's deposition being read, did not contain that statement).
ELIZABETH THOMAS . I am servant to Mr. Graves. The prisoner came there to work as a char-woman—on the morning of 23rd Dec. I let her in about half-past three o'clock; she came to wash—I know where these bottles were kept, she would have to go to that room with the things—I did not see that she had anything with her when she came—I saw her go out of the house at half-past four, and she had the bottles in her apron—I saw them as she was going out—she said she would return in a moment—she was brought back by the policeman.
Cross-examined. Q. The prisoner helped you in your work? A. Yes
—I did not tee any bottles when the came in—I said before the Magistrate that the had none—I am positive she had none—I saw her go out, but I was so taken off my guard that I did not say anything—the bottles were in an apron; I do not know whose it was, it was not mine, I do not know where it is—when the officer came I did not say anything—I will swear that—I did not say, "For God's sake, don't call master; I will give you anything if you won't say anything about it"—I swear I said nothing of the kind—the prisoner went out at the bar door—I did not go after her, she was brought back in about three minutes—I will not swear it was not five minutes—in the meantime I did not say anything to my master, or to anyone; I had not time—when she was brought back I was in the kitchen, where I had been before—I was considering what to do—I did not see where she took the bottles from—the bottles in that room are empty—she must have gone in the bar to fill them—I was not there, and no one was—I have nothing to do with the bar; it is the barman's duty to be there—it was not the prisoner's duty to go to the bar; it would excite attention if she were found there—she most have gone nearly to the top of the house to get these bottles, and have filled them at the bar with the spirits—she would not be likely to meet any one then, it was too early in the morning—I let her in, but went back again to bed—she came about half-past three, and went out about four—she had been in the house half an hour—I have not said it was half-past four when she went—I do not think it was half-past four—I do not think she had been in the house an hoar before she went.
COURT. Q. Do persons who live in the house go about at that time in the morning? A. No; when I came down-stairs the prisoner was just going out at the bar-door—this is my signature to this deposition—(The witness's deposition being read, contained these words, "I came down about half-past four o'clock, and saw the prisoner going out of the house with some bottles.")(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy by the Prosecutor and Jury,
Confined Four Months,
340. WILLIAM WEAVER, Jun., and EMMA WEAVER , stealing 1 pair of boots, value 1s., from the person of Richard James Ives; 1 pair of shoes, 1 cloak, and 1 victorine, value 4s., from the person of Eliza Ives; the goods of James Ives ; and WILLIAM WEAVER, the elder, feloniously receiving the same: to which WILLIAM WEAVER, Jun. pleaded
GUILTY Aged 16.— Confined Two Months.
RICHARD JAMES IVES . I am seven years old; my father's name is James Ives. My mother sent me out with my sister Eliza on a Saturday to take a walk—we went to Chapel-yard, and were playing there—we were then going home, and got to Elder-street—I met Emma Weaver and her brother; they were together—I knew them before, by playing about Quaker-street—they said to me, "Where do you live?"—I said, "In Great Pearl-street"—they said they would bay a halfpennyworth of chestnuts, a halfpennyworth of Brazils, and a farthing cake—they took me back to Chapel-yard, and as I was sitting on the step of a door, the boy William Weaver unlaced my boots, and Emma Weaver unstrapped, my sister's shoes—she then took the victorine off her neck, and she took her Polish coat off her—she said she would make a dolly, and she put the
victorine on the Polish coat—they then went away together with the coat and the Victorine, and my sister's shoes and my boots—they walked away, and did not come back—we began to cry, and the policeman came and took us to the station.
SARAH MOBE . I am the wife of William Mobe, and live at 34, Great Pearl-street. On Saturday, 21st Dec, about two o'clock in the afternoon, I was going through Church-passage—I saw the two younger prisoners and the last witness and his sister—she had her Polish coat on, and her victorine and her shoes, and the witness had his boots on—I left them and the younger prisoners together.
ELIZABETH IVES . I am the wife of James Ives, and the mother of the first witness; I live in Great Pearl-street. My daughter Eliza is four years and a half old—on Saturday, 21st Dec, I sent my children out for a walk about two o'clock; they had their things on—the girl had a Polish coat and a victorine, and they both had their boots on—in about an hour the policeman came to my place, and I went to the station, and found my two children—the boy had no boots on, and the girl had no coat or victorine or shoes—I have only seen the victorine since—this is it (produced).
FRANCIS WILLIAMS (policeman, H 113). On Saturday, 21st Dec., about three o'clock, I found Richard James Ives and his sister on the steps in Church-passage—they were crying—I took them to the station, and fetched their mother.
GEORGE BALL (police-sergeant, H 21). On 26th Dec I took the boy prisoner into custody—I took him to the station, and on the same day I went to 13, Union-court, Holborn—I found the man prisoner there, and the girl—I observed this victorine was on her neck—I spoke to the man, and said I was come to search for the coats—he said, "It is no use to come here with your b—y folks, I am as wideawake as you are, and you shall not search this place without you show your authority"—I said, "I am a sergeant of police; is this your child?"—he said, "Yes"—I then searched for the coats, and while I was searching, the victorine disappeared from the girl's neck—I said, "What has become of the victorine which was on your neck V*—she said, "I had no victorine"—I said, "I am sure you had"—she said, "I had not," and she took her pinafore and threw it over her neck, and said, "You must have mistaken this for a victorine?"—I said, "No, you had one on, and I will find it before I leave"—I then said to the man, "Where is the victorine?"—he said, "By my God I don't know, I never saw it"—I said, "I believe you have it"—I searched him, and found there was something between his waistcoat and his person—I put my hand in his bosom, and found this victorine—I then said, "I don't wonder the coats have disappeared, I shall take you into custody for receiving it"—he said, "My God! my God! see what dishonest children will bring a parent to."
WILLIAM WEAVER , Senior's, Defence, I am the father of seven children; I have worked twenty-eight years as a respectable tradesman, I had no knowledge of this transaction; when the policeman entered, the words I said were, "Where is your authority for coming to search my place?" he said, "I am come here in search of a black coat and a Polish coat that your boy wears;" I said, "He has no coats of that description;" he said, "He has;" I said to my wife, "Open your boxes, and let him see if there is anything he claims;" she did so, and in the bottom box
there were a few old shoes; there might be five or six pairs; she formerly kept a clothes-shop; he said, "I shall take two or three of these;" I said, "Take the lot, I am not afraid of any one coming to own them;" I had not long come off the shop-board, and had been using a hot iron; I was without coat or waistcoat, and my child took the victorine off and put it in my bosom; when I saw the policeman coming in, and insisting upon searching, and he went to my neighbours to inquire if they had got any coats, it quite unnerved me; I had no knowledge whatever that they had committed this.
EMMA WEAVER— GUILTY Aged 10.— Confined Two Months, WILLIAM WEAVER, SEN— GUILTY . Aged 55.— Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
WILLIAM BRIGG . I am the son of Thomas Brigg, 32, St. James'-street, Pall Mall—his shop is part of his dwelling-house—the shop is divided by a partition, and there are two doors, one to each compartment; in one he sells umbrellas, and in the other sponge—on 20th Dec. I was in the umbrella-shop about two o'clock, serving a customer.; and when I had done that, I went to the sponge-shop—there is a bell over the door of the sponge-shop, which ordinarily rings when a person enters—it had not sounded then, but I found the prisoner in that shop, at the till—he said he wished to see a sponge; I showed him some; they did not suit him, and he left—as soon as he was gone, I examined the till; I missed four sovereigns, two half-sovereigns, and two or three 4d-pieces—I pursued the prisoner, and overtook him—he was walking about three doors off—I stopped him, and told him I suspected he had been robbing the till, and to come back, which be did—I asked him if he had taken anything out of the till; he denied it—I called the policeman; he searched him, and found three sovereigns, one half-sovereign, and some silver—be was asked about this money; he said it was given him to buy a suit of clothes, by his sister, and he gave her address, 5, John-street, Piccadilly.
COURT Q. How long before you. missed the money, had you seen it there? A. About five minutes. WILLIAM PAWSON (policeman, C 121.) I was sent for and found the prisoner in the shop—I found on him three sovereigns, one half'-sovereign, one half-crown, a sixpence, and three 4d.-piecesr—he said, his sister gave it him to buy a suit of clothes, and she lived at 5, John street, Piccadilly—I took him to the station—he said at Marlborough-street that she lived at 9, Woolleridge-street, Hackney—I was present when he was examined; he said he was innocent.
Prisoner's Defence. I asked him to let me look at some sponge; he showed me a bit for 5s. 6d.; I asked if he had not one for less; he said, "No," and I left the shop.
in the shop but him; the time was so short; and it was impossible for two persons to come in without the bell ringing—the bell had rung before he came in, and it rang-afterwards, because I tried it.
NOT GUILTY .
GUILTY . Aged 13.— Confined Twelve Months.
GUILTY . ** Aged 15.— Transported for Seven Years.
GUILTY . ** Aged 25.— Transported for Seven Years.
OLD COURT.—Wednesday, January 8th 1851.
PRESENT—The LORD MAYOR; Mr. JUSTICE PATTESON; Mr. JUSTICE TALFOURD; Mr. Ald. FAREBROTHER; and RUSSELL GURNKY, Esq.
Before Mr. Justice Patteson and the Third Jury.
GUILTY . Aged 22.— Transported for Seven Years,
GUILTY . Aged 21.— Transported for Ten Years.
MR. PAYNE conducted the Prosecution.
ADOLPHUS DUBOIS . I am a dentist, and live at 65, Princes-street, Leicester-square. On the evening of 18th Dec. I was in Upper Norton-street, about a quarter-past nine o'clock—it was raining—as I approached No. 68 or 67, there were three men posted in the doorway as if they were out of the rain—as soon as I reached the door one of them came on to the footway, and put a gag or rope, which I do not exactly know, round my neck—I recognise the prisoner as that man, because his eye met mine—the rope was compressed round my neck, the effect of which was to render me powerless—I endeavoured to utter some words to the purport of "Let me give you what I have, and allow me to go," and on my endeavouring to do so the other two came from the doorway, as I supposed to assist him—they said something to the effect of "Give it him;" or "Go it," and upon that the compression was increased; it was awful—when I recovered my consciousness, I saw the two men who are not in custody walk very leisurely away—I saw them go to the first turning—they did not go towards No. 38, but the reverse way—the prisoner did
not go with them—there was no one else in the street at the time from the moment I entered it—I suffered palpitations and great giddiness after this—my eyes were swollen to a great extent, and full of water—there was a mark on my neck which I showed at the station, where the instrument was applied—I continued to suffer for several days; for ten or twelve days I was not sufficiently well to attend to business—when I recovered myself, and the three men were gone, I found that my coat was torn, and my watch and chain gone—the chain which was under my waistcoat was wrenched, and they had cut my neck severely in their efforts to take it by force—I afterwards saw my watch at the station—I called out after I recovered myself as loud as I had the power to do.
Cross-examined by MR. COCKLE. Q. How long do you suppose you were under this compression? A. I cannot tell—the two men who I saw going away were not a great way from me when I recovered myself; I cannot say how far—my eyes were full of water—I was panting for breath, and in an awful state—I suppose they were about the distance of that lamp from me (six or eight yards)—I had never seen the prisoner before that night—he first came off the step on the left side of me, and applied this compression—he then passed round to my right side, and compressed it there—my eye caught his as he came off the steps on to the flag—I looked to see what he was going to do—at first I thought it was a joke from somebody I knew—I recognise him well, because I looked in his face—it was all done in a moment—the compression began directly, and when I muttered it was increased—my whole frame was completely paralysed—my sight is very good, I wear a glass, but that I perform very minute operations with—it was not raining very heavily at this time—I afterwards went to the station in a cab, and saw the prisoner there—I said I should not be able to recognise the other men because they were in the dark doorway, but I saw their feet when they approached me—they did not come down the steps at the same time as the third man—I had no hesitation whatever about the prisoner, when I saw him in the strong light—I never said he was not the man, or that I was not sure of him, nothing of the kind—I was more fully sure of him when I saw him in a strong light—the street was darkish—I first noticed the number of the house from which the men came a few days afterwards, when I returned to the spot and examined it; it was when I returned from the country, after getting better—I think it was the day before the remand, Wednesday, 18th Dec—I lost sight of the man who put the instrument round my neck, but I saw him when he compressed it—the injury I received was so severe that I was obliged to be under a surgeon's care in the country.
MR. PAYNE. Q. DO I understand you to say that the prisoner went by himself in one direction, and the other two in another direction? A. Yes; I saw the prisoner again on the opposite side of the street with Mr. Tarring—Mr. Tarring told me to come over, but I could not move.
JOHN TARRING . I am an architect, of Charles-street, Middlesex Hospital. On Wednesday night, 18th Dec., I was in Upper Norton-street with a friend, on the opposite side to the prosecutor—I saw some persons on the opposite side of the way, and about a minute after I saw them I heard a cry of "Police!"—I saw two men go away in one direction, and another one, the prisoner, came over towards me—there was then only one
left on the opposite side of the way, and that turned out to be the prosecutor—I caught hold of the prisoner, and held him fast till a policeman came—I think we were near the house No. 38, but I would not swear to that positively—the prosecutor was still on the opposite side—he was partly in the street endeavouring to pick up his hat which had been knocked off—I crossed over with the prisoner—the policeman came up as I was crossing, and we walked over together—while I was there Mrs. Curll brought a watch—the place where it was said to have been found was pointed out to me—I was near there at the time I had hold of the prisoner.
Cross-examined. Q. You were walking down the street on this occasion? A. Yes, on my way home—it was a very wet night, and rather dark—it was raining very heavily—the first I saw was what appeared to me to be four or five persons, I could not tell how many on the opposite side—they were about thirty yards from me—the place where the watch was found was pointed out to me that same night within ten minutes of the transaction—a servant girl came with the watch—the prosecutor had stated before that he had lost a watch—I saw two men walking down the street together—it was not one of those two that came over to me—the person who crossed the street came directly to where I was—he came on to the footway, and I met him and immediately took hold of him—he said he was only walking up the street—he attempted to walk off, and I grasped him by the collar—he did not struggle or try to break away from me—I did not walk away with him immediately from the spot—we were there two or three minutes at the least.
MATILDA CURLL . I am a widow, and live at 38, Upper Norton-street. On Wednesday night, 18th Dec, I was in my parlour; I heard cries of "Murder!" and "Stop thief!"—I went to the street-door, and saw three men at the next door—they were close together—I heard nothing said, but I saw a hand through my railing, and something fell from it—it made a noise as it fell—I sent ray servant to pick it up—I saw her pick it up—it was a watch and chain—it was shown to the prosecutor, and produced before the Magistrate.
Cross-examined. Q. When you came out of your house did you see the prosecutor? A. I saw three parties—they came, to my door afterwards, saying they had been robbed—after the watch was found they went on the other side of the way—it was the prosecutor who said he had been robbed—I cannot say whose hand it was that dropped the watch.
MR. PAYNE. Q. Was it the hand of one of the three? A. Yes; the prosecutor was one, Mr. Tarring the other, and the prisoner the third. FREDERICK WHITE (policeman, E 33). On Wednesday night, 18th Dec, about half-past nine o'clock, in consequence of hearing some cries in Upper Norton-street I went there and found the prosecutor—he appeared very ill and very much excited—he complained of having been injured—Mr. Tarring brought the prisoner over from the opposite side of the way, in a direction from 38 towards 68, and said "This is one of them"—the watch was brought to me by a female—I searched the prisoner at the station, and found on him a key and a duplicate, but no money—I produce the watch.
Cross-examined. Q. Is the servant here to-day? A. She is not ADOLPHUS DUBOIS re-examined. This if my watch and chain.
GUILTY . Aged 26.— Transported for Life.
MR. BODKIN, in his opening, expressed an opinion that this case did not come within the statute, and the Court being of that opinion the prisoner was ACQUITTED .
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 24.—Recommended to mercy.— Confined Six Months
JAMES CHARLES BRIEDON . I am a brass finisher, of Deptford. On 27th Dec. I was at the Standard Theatre, Shoreditch—I left at half-past eleven o'clock, as I stepped on to the footway I heard a noise at my gold guard-chain, which was round my neck—I had a watch to it in my waistcoat pocket—I saw my chain on the wrist of a man—I drew it away and missed my watch—I gave him in charge—he had two hearings and was discharged, as it was not found on him—I saw nobody else.
SAMUEL SMITH . I am a hair-dresser of l, Featherstone-street. On 28th Dec, about half-past twelve in the night, the prisoners came to me—I knew Brown before—they showed me a watch, with the glass broken, and only one hand (I do not know which of them had it) and asked if I would let them have a little money—I said I had none to spare, and they left.
Cross-examined by MR. PAYNE. Q. How long have you known Brown? A. Upwards of twelve years, and the family also—her parents lived in the same house with me nearly twelve years—she bears a very excellent character; I never knew anything against her—I think it was Brown asked me to let them have the money, as it was too late to go home, and they wanted to get a lodging—I had never seen Chase before.
STEPHEN SYLVESTER (policeman, G 226). I know Brown; she lives at 2, Peerless-place, City-road. On 28th Dec, at night, I was on duty close by the door, and saw her and Chase about a quarter to two o'clock—I heard one of them make use of the word "watch," and placed myself behind some trucks which stood about three yards from the prisoners, and heard Chase say she would not go away without half the value of the watch—Brown said, "I have not got the money to give you, but if you come to me in the morning I will give you half the value of the watch in money"—Chase said, "I will not go away without it"—Brown said, "Rather than you should have it all yourself, I would take it to the station-house, and give it up, and wait till there was a reward offered, and so share the money that way; though I should not like to take it to the station, for fear of getting that young chap into further trouble than he is now in"—I then stepped out from behind the trucks, and was walking towards the prisoners, when Brown's mother came out of the house, and said in their hearing, "Here, policeman, I want you to settle a little matter between them"—I said, "A little matter concerning that, watch; there is but one
way to settle it, and that is to come to the station with me, and there let the inspector settle it"—I took the watch from Brown's hand, and took them both to the station.
Cross-examined by MR. PATNE. Q. Did not Brown say she had picked the watch up? A. Yes, after she got to the station—there was no glass to it when I took it from her, and only one hand, and that was lost at Worship-street police-court.
Cross-examined by MR. O'BRIEN. Q. Did not Brown say she would share the reward with Chase when she got it? A. Yes.
Cross-examined by MR. PAYNE. Q. In what state was it when you lost it? A. There was a glass to it and two hands; it was in perfect order—the loop is broken off, and was left on the chain.
NOT GUILTY .
GUILTY . Aged 24.— Confined One Year.
NEW COURT.—Wednesday, January 8th, 1851.
PRESENT—Mr. Ald. KELLY; Mr. Ald. GIBBS; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
WILLIAM GOODYER . I keep the Talbot, public-house, Chester-street, Belgrave-square—the prisoner was my potman, and carried out beer—he had been in my service two years—in consequence of information, the night before the prisoner was taken I marked three shillings and two sixpences, which I placed in the bowl in the till in the bar; the till was not locked—the prisoner had access to the bar—he slept on the premises—the bar was locked up during the night—he had not a key of it—next morning a policeman came to me—I examined the till about a quarter before seven o'clock—the prisoner had been up probably half an hour—the bar was open then—my daughter usually got up about half-past six o'clock—the prisoner was given in custody, and a shilling that I had marked with a penknife just under the ear, was found on him, and some halfpence—this is it—the prisoner had no right to go to the till to take money—he had never been allowed to go to it at all—if he received money he was to give it to me.
EDWARD DOWNING (police-serjeant, B 46). I was employed by Mr. Goodyer to watch the prisoner—I went to the house, and cut a bole through the floor of the club-room and through the ceiling, over the till, and by lying down I could see every one that went to it—on Thursday morning, 2nd Jan., I went at about a quarter before five o'clock—I had a key and let myself in the house—I heard the bar opened about half-past six o'clock—I did not see who opened it—I then saw the prisoner go to the till, open it, put his hand in the bowl, and take out either a shilling or a sixpence—I acquainted Mr. Goodyer of it—I then looked through the hole, and saw the prisoner go again to the till and take some halfpence—
I then came down-stairs with Mr. Goodyer, who went to the bar, and the prisoner came along the passage towards the back yard—he had his band in his waistcoat pocket—I seized him and searched him—I found on him this shilling and some coppers.
Prisoner's Defence. On the Thursday before, my mistress gave me a shilling, and on the Wednesday one and sixpence more; she said that was half-a-crown for my Christmas-box; I said I was going out for a holiday next day, and asked her if she could lend me any money; she said she did not know, but if she could get any money unknown to my master, she would give me some; what money I had on me beside what she had given me was 1s. 7d.; for what I know, this might be one of the shillings she gave me.
MR. GOODYER re-examined. I do not believe my wife or daughter gave him any Christmas-boxes—I did not leave this marked money in the till in the daytime, I took it out and wrapped it in a bit of paper—I had put it in the till the night before, after he had gone to bed.
GUILTY . Aged 25.— Confined Twelve Months.
THIRD COURT.—Wednesday, January 8th, 1851.
PRESENT—Mr. Ald. HUMPHERY; Mr. AH. GIBBS; Mr. Ald. Wm. HUNTER; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh
WILLIAM MILLERMAN (policeman, B 95). On 2nd Jan., about nine o'clock, I met the prisoner in Coburgh-row, Westminster—directly he saw me he ran away—I ran after him, and cried, "Stop thief!"—he kept ahead of me, but I did not lose sight of him—as he ran, I saw him throw something away under the arches of Victoria-street—I saw him stopped by Morton—I sent him to the station, and received this pot at the place I saw him throw something.
CHARLES MORTON . I am a carman. I was in Victoria-road on this morning about half-past nine o'clock; I heard a cry of "Stop thief!" and saw the prisoner running—be threw something, like a pint-pot, tinder one of the arches—I followed, caught him, and kept him till the policeman came—I then went to the place, and found this pint-pot—I sow it given by some one to the policeman, I do not know who. THOMAS ADAMS. My father's name is Thomas; he keeps the Queen's Arms, Warwick-street, Vauxhall-bridge-road. This pot is his—it has his name on it—I cannot tell when it was last safe, bat I should say it had not been out of the house more than a day, because it did not look. very dirty—I do not know the prisoner.
GUILTY . Aged 26.— Confined Twelve Months,
JOSEPH MARKS . I am an engineer. On 2nd Jan., between one and two o'clock, I was standing on Tower-hill—the prisoner was pointed out to me, and I saw my handkerchief in his hand, half in his pocket and half out—I had had it safe half a minute before—I took him in charge, and said, "What are you doing with my handkerchief?"—he said, "I have never done such a thing" before, do, pray Jet me go ; I have never done it before, and will never do it again!"—I gave him to the policeman—this (produced)is it.
Prisoners Defence. I picked the handkerchief up in a push in Towerhill.
GUILTY . * Aged 18.— Confined Six Months.
DEAN pleaded GUILTY . Aged 19.— Confined Twelve Months.
FREDERICK GRANT . I am a servant. On 27th Dec, between twelve and one o'clock in the morning, I met Dean in York-street, Westminster, and went with her to a house—I then had my watch, chain, and key, in my fob-pocket—I did not take my clothes off—while in the room I missed my watch—no one was there but Dean—I did not see Miller at all till the next day—I spoke to Dean about my watch—she ran down-stairs—I ran after her, caught her by the shawl, and she left it in my hand, and got away—I gave information to the police—the watch produced is mine.
SAMUEL CRUMP (policeman, B 47). At six o'clock, on the morning of 27th, I received information from Grant—I afterwards saw Miller at the door of 14, Snow's-rents—I knew her, and asked her about Dean—she said she was up-stairs—I found Dean—she told me she stole the watch, and said, "It is sold;" and in consequence of what she said, I afterwards asked Miller where she had sold the watch—she said she knew nothing about it—after I got her to the station, she said she would go and fetch it; and I went with her to the house of a person named Perry—she went up-stairs, brought the watch down, and told me she sold it for 7s., and Dean had part of the money—she asked if she might go home—I said, no, she must go back to the station; and she said, u Well, I should think he would not press the charge against us now."
MILLER— GUILTY Aged 25.— Confined Eight Months.
JOHN HART (policeman, V 141). On 21st Dec, between four and five o'clock, I saw the prisoner with a man named Tarrant, in Mareway-lane, at the back of Twickenham Common—the prisoner had this lead lying at his side, in a handkerchief—when I had passed, he took it out of the handkerchief, threw it into the ditch, and put the handkerchief into his pocket—they remained there while I took this lead (-produced)out of the ditch—I took them into custody—the prisoner said he knew nothing about it—I took the handkerchief from his pocket—Tarrant was discharged by the Magistrate.
George Beacham Cole, who is a brewer, and has one partner—this lead is his—I last saw it on 2nd Dec, in the mill-track—it used to be a strainer for the wort-pumps—I have seen the prisoner several times at the brewery; he used to come for grains, but had no business to remove lead.
JAMES BELSON . I am stoker to Mr. Cole. This lead is his property—on 2nd Dec. I put it into the mill-track—the last time I saw Pines on the premises was on 16th or 17th Dec.—he had no business there, but came sometimes for grains.
Prisoner's Defence, I got it out of the river.
GUILTY on 2nd Count. †— Confined Six Months
JAMES PIKE . I live at Maida Hill, and have one partner. I deal in pork, at Portman-market—the prisoner was in ray service on 19th Dec, and had been before, but not constantly—about a quarter before eight o'clock in the evening I missed a dead pig from my stall, which I had seen safe at half-past seven—I spoke to the prisoner about it, and he said he knew nothing about it—the next morning he came, and asked me whether I had heard anything about the pig—I told him I had not—I afterwards saw it at the station.
Prisoner. Q. Did you not ask me whether I had sold one of the pigs? A. I asked you if you knew anything of it—I said you should share part of the profit in the pigs if you sold them.
WILLIAM WILLIS . I am a greengrocer, of Great Carlisle-street On the evening of 19th Dec. the prisoner brought a pig to my place, and asked to leave it there for Robert Musk—I know Musk; I believe he is a butcher—the pig remained at my place till the next morning between eight and nine o'clock, when Anderson took it away.
(The prisoner) in his defence, stated that Pike authorized him to sell six pigs, that he had a right to dispose of them in any way, and give the money to him when he saw him, and that he took the pig to Willis's for that purpose; that he sold four pigs on the previous Saturday.)
NOT GUILTY .
parlour, heard a noise in the kitchen, ran, and found the prisoner there—, I asked what business she had there; she said she wanted a piece of bread—Mrs. Elias had been home about a quarter of an hour, and had laid her things on the dresser; and I saw her shawl, bonnet, cloak, and boa on the floor—I said to the prisoner, "How came them things there?"—she said she had not touched them—I called out, and my sister and a woman came to my assistance.
CATHERINE ELIAS . I am a widow, and live with Mrs. Cohen. On 30th Dec. I heard her call out—I went to the kitchen, and found her and the prisoner there—I had been out that day, came home about a quarter of an hour before, and put my boa, shawl, and bonnet, on the dresser—the cloak was hanging up at the side of the dresser; I had not had that on—when I came into the kitchen, I found them all on the floor—the prisoner said she came to beg a piece of bread, and afterwards that she had run away from a man she had been living with three years, who had beaten her.
JOSIAH CHAPLIN (policeman, H 124). I produce a certificate of the prisoner's conviction—(read—Convicted at Clerkenwell, Sept., 1845; confined nine months)—I was present at the trial—she is the person.
GUILTY . * Aged 24.— Confined Twelve Months.
OLD COURT.—Thursday, January 9th, 1851.
PRESENT—Mr. Justice PATTESON; Mr. Justice TALFOURD; Mr. Ald. KELLY; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNET, Esq.
Before Mr. Justice Patteson and the Fourth Jury.
NOT GUILTY .
NEW COURT.—Thursday, January 9th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. WILLIAM HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
362. JOHN EDWARDS , burglariously breaking and entering the dwelling-house of Leopold Ernst Bibra, and stealing 28 lbs. weight of cigars, and other goods, value 18l. 16s.; his property; having been before convicted: to which he pleaded
GUILTY . Aged 27.— Transported for Seven Years.
JAMES CLARK . On 10th Dec, at two o'clock in the morning, I was at an eating-house in Great Earl-street—I reside there. I was sitting at the bar speaking to Miss Dowling, the landlord's daughter—the prisoner rushed into the house—he said he had lost his hat and boots in a public-house in the neighbourhood—he used most infamous language—f remonstrated
with him, and told him he should not use such language in the presence of a female—he attempted to go inside the bar; I would not allow him—he then went towards the tap-room—I followed him, and told him it was locked, to induce him to go away—he went in, then came out, and came to the bar again—I resumed my seat at the fire—he began again using the most indecent language—I told him if he did not leave it off, I should be obliged to put him out—he continued the language, and I opened the door and put him out—he pulled down the shutters, and commenced brandishing something in his hand—I was then inside the bar looking out—I did not do anything to him then—Connor went out and pulled up the shutters; the prisoner pulled them down a second time—I went to the door to request him to go away; he was then kicking at the door—I had not done anything to him—he then rushed at me, and made a blow at my chest—he then threw himself down and butted me in the abdomen—he laid hold of my left leg with his hand, and struck me with a knife in my left thigh; the blood gushed out—I went in, and then went to the hospital and had the wound dressed—I then went back to the beer-shop and saw the knife—I was laid up for three weeks, and could not leave my bed—it is not yet nearly recovered.
Prisoner. I was drunk, and don't know anything about it. Witness. I believe he was not sober, but he knew what he was doing.
PATRICK CONNOR . I live at the same house with Mr. Clark, and was in front of the bar—Mr. Clark and the landlord's daughter were inside—I saw the prisoner come in, I knew him before—he began some bad language, rather disgusting before any female—he then went to go into the tap-room, and Mr. Clark told him he could not go in, it was very late—he got very rusty then, and wanted to jump over the bar—Mr. Clark; put him outside; he pulled down the shutters—I went and put them up, and he pulled them down a second time, and kicked at the door—Mr. Clark went out, and as soon as he got out he sung out, "I am stabbed!"—I ran to his assistance, and the prisoner struck me in the mouth—I and the policeman secured him—Mr. Clark had a cut in his thigh; the blood was streaming till we got to the hospital—the prisoner cut me in the mouth—I saw a knife in his hand.
CATHARINE DOWLINO . I am daughter of the landlord of the beer-house—I was present on the morning of 10th Dec.—Mr. Clark and Connor were there—the prisoner came in—he said he had been in a public-house and lost his bat and boots—be wanted to go into the tap-room; Mr. Clark and Connor followed to fetch him out—he did not come for a few. minutes, and then he came out and said he would sit by the bar lire—we told him no such thing was allowed—he used bad language, and Mr. Clark put him out—he pulled the shutters down; they were put up again, and he pulled them down a second time, and kicked the door—Mr. Clark went out, and I followed him—I saw the prisoner strike him—the prisoner then fell on his knees, seized Mr. Clark's leg, and struck him with the knife—he was going to strike him again, and Connor ran, and he struck him—another person was there, who had been standing at the counter, and he said, "None of that, Jink; put that away;" and then he called out that he had got a knife—I saw that the prisoner had got something in his hand. Prisoner. You were inside the bar, you could not see. Witness. No
—Mr. Clark ran out—I ran with him to the door—I was standing close against the door.
JOSEPH GENTRY (policeman, F 150). The prisoner was given into my custody—he was the worse hr liquor, but not very drunk—he was lying on his back. in the street—a man was holding him down—when he was raised up, this knife was lying under him on the ground—he was charged with this; he said he did not do it.
WILLIAM LUXTON . I am house-surgeon of King's College Hospital. Mr. Clark was brought there about half-past two o'clock that morning—he had been stabbed in the upper part of the left thigh—it was a serious wound, not a dangerous one—it would lay him up for some time, but not permanently injure him—it was evidently a stab—I probed it, it was about three inches and a half deep—such a knife as this would do it.
Prisoner's Defence. Me and my comrade went to the play; I drank a great deal, and fell asleep; a pair of boots was taken off my feet, and my hat off my head, and a handkerchief; when I awoke, after wandering about, I went into that house, thinking my hat and shoes were there; they would not let me go in, and that is all 1 recollect; I have a wife and family; I never did such a thing in the world; I have a wound in my head. (Mr. Luxton examined the prisoner's head, and stated that it was only a scalp wound.)
GUILTY . Aged 30.— Transported for Seven Years.
364. JOHN BAKER , stealing 1 jacket, value 25s.; the goods of Richard Short: 1 waistcoat, 8s.; the goods of John Short: 1 pair of trowsers, and other articles, 1l. 2s.; the goods of Sidney Buck: and 1 hat, and 2 bottles of wine, 6s.; the goods of Richard Herneman, in a vessel: to which he pleaded
GUILTY . Aged 37.— Confined Four Months.
GUILTY . Aged 29.—Recommended to mercy.— Confined Three Months
JAMES BROWN . I keep the Hare and Hounds, Stoke Newington; all the property in that house belongs to myself. The prisoner had been in my service twenty-three days—she was going to leave on 23rd Dec.—she had given us notice, and said the place was too hard for her—I told her to turn the things out of her pockets before she went away, which she did, in presence of the policeman—she pulled out a pair of shoes belonging to my son, who is thirteen years old, and lives with me—the prisoner told me she had taken lodgings in Wellington-street—I went there with an officer—while we were there the prisoner came, and I found in a box locked, which she opened, this silver teaspoon, these knives and forks, and a pair of tassels were in it—they belong to me—she said she hoped I would not transport her.
GEORGE LANGDON (police-sergeant, N 27). I went to the house in Wellington-street with Mr. Brown—I saw the prisoner—she opened a box, and in it were these ankles—before it was opened, she said we should find enough in it to transport her—when the things were found, she said she hoped the prosecutor would he lenient to her, and not transport her.
GUILTY . Aged 54.— Confined Six Months.
367. JOHN WOOLCOMBE, JAMES ROSE, JOSEPH WOOLCOMBE, JOHN HOOPER , and STEPHEN THOMPSON , stealing 1 coal-scuttle, value 8s.; and 1 coal-scoop, 2s.; the goods of Elizabeth Wilmot: John Woolcombe having been before convicted.
MARY BRUCE . I am in the service of Mrs. Elizabeth Wilmot; she is a widow, and lives at Hackney. On Thursday, 19th Dec., about half-past three o'clock, I opened the street door, and saw five boys inside the garden gate, just at the foot of the steps of the house—there is a way by the side of the house, where there is a door that goes to the back kitchen—John Woolcombe was one of the boys—I do not recognise any one but him—I am sure of him—he spoke to me, and asked if a person named Wells lived there—I said, "No"—I then shut the door, and left them there—I did not see them go out of the garden—in about a quarter of an hour I missed a coal-scuttle that I had put the coals in, and left it by the side-door near the kitchen—the side-door was open—this is the scuttle, I have been in the habit of cleaning it, and can swear to it—this is the scoop, it was whole then, but it is now broken—they are my mistress's property.
JOHN TURNER . I work at a factory, at Tottenham-road. On Thursday, 19th Dec, at twenty minutes past three o'clock, I saw the prisoners; I had not known them before, I am able to swear they are the persons—I only passed them—they were in Beauvoir-road, near St. Peter's Church—I went on to the factory, and about twenty minutes afterwards I was looking out of the window, and saw the same five altogether coming across the field—Joseph Woolcombe had a coal-scuttle—they were running, and went into two empty carcasses of houses near ourfactory—I, with Lyne and Wood, went out into the road—we saw all the prisoners except Joseph Woolcombe, coming from the carcasses—Thompson had the handle of the scoop in his hand, and Hooper had the other part of the scoop—I stopped Rose, and some boys who work for us stopped the other three—Rose said, "Pray, Sir, pray, Sir, don't take me; I have got a mother lying very ill"—the others said, "Pray don't take us, you may have the coal-scuttle"——the four were given into custody; Joseph Woolcombe was not taken then.
Joseph Woolcombe. I was not near the place. Witness. Yes; I am sure I saw you carrying the scuttle.
Hooper. Q. You swore at the Court that I had got the handle. A. No, I did not.
JOHN LYNE . I work at the same factory with Turner—on that day, about a quarter to four o'clock, I saw the five prisoners coming across the field; Joseph Woolcombe had something in his hand which turned out to be a coal-scuttle—they were running towards the carcasses—I came out, and we met the four coming out of the carcasses, but Joseph Woolcombe made his escape—Hooper and Thompson had the two parts of the scoop—they all begged for us to take the scuttle and let them go—one said he had a mother very ill who had four children—I did not see Joseph Woolcombe again till he was taken the next day, on another charge; I knew him again directly.
BENJAMIN JUDD (police-sergeant, N 44). I took the four prisoners, who were stopped by the witnesses—when they were together at the station, John Woolcombe held up his hands, and said, "For God sake don't lock me up! that boy took, it (meaning Thompson); I only went to the house to ask for a person named Wells"—I said, "Then you can tell me the house it was stolen from"—he took me to the prosecutrix's house.
JOHN WOOD . I live at Hoxton; I work at the factory. On that Thursday I went in the carcasses of the houses, and found the scuttle—I took it to the station—I took the scoop out of Hooper's hand—I saw the scuttle in one of the boy's hands, he came out of the house and ran up-stairs, and there I found it.
Hooper's Defence. This boy Thompson took the scuttle; I said, "I won't have anything to do with it.
PATRICK BUTLER (police-sergeant, N 82). I produce a certificate of John Woolcombe's former conviction at Clerkenwell—(read—Convicted, Sept. 1850; confined fourteen days, and whipped)—he is the person.
JOHN WOOLCOMBE— GUILTY . * Aged 10.
ROSE— GUILTY . Aged 11.*
JOSEPH WOOLCOMBE— GUILTY . * Aged 16.
HOOPER— GUILTY . Aged 13.*
Confined Eight Months.
THOMPSON— GUILTY . Aged 12.— Confined Two Months.
(There was another indictment against Joseph Woolcombe.)
MR. PARNELL conducted the Prosecution.
SAMUEL DARRINGTON . I am a salesman, in Newgate Market. The prisoner was my clerk; his wages were 35s. a week—he had authority to receive moneys paid in the counting-house—he was to pay the money into the bank, and account to me for the balance every day—he has not accounted to me for 2l. 0s. 9d. received from Mr. Powell on 6th Dec.—Mr. Powell was a customer of mine—he has not accounted to me for 18s. 9d. received on 7th Dec, from Mr. Charles Rich—he has not accounted to me for 11l. 8s. 4d. received on 16th Dec, from Mr. Cooper, but for 10l. 17s. 10d.—he was in my service at the time he was given into custody.
Cross-examined by MR. BALLANTINE. Q. Just refer to what you rely on as to the 2l. 9s. on 6th Dec.? A. This is the ledger—the prisoner makes the entry in this ledger from the sale-book, and it is not entered here—on 16th Dec, here is 10l. 17s. 10d. instead of 11l. 8s. 4d., and the 18s. 9d. is not entered here—he would make up the ledger every day from the sale-book—here is the cash-book—this is made up everyday from the sale-book—he enters in the ledger, and then in the cash-book—the 6th Dec. was on a Friday—here are a great many entries—a great deal of business was done that day—the prisoner has to make entries as the sales take place—the scaleman sells at the scale, and he calls out the weight to the prisoner, and then the payment is made directly—the takings of the day are sent to the bank.
MR. PARNELL. Q. Is there a till? A. Yes; the money he received he would put in the till—it would be his duty to balance the contents of the till with this book at the end of the day—this book, if kept correctly, would tally with the amount in the till.
had an account against roe of 11l. 8s. 4d.—I called on that day, and paid it to the prisoner—he gave me this receipt—I do hot recollect whether I bought anything on that day.
BENJAMIN KENTISH . I am constable of Newgate-market. I took the prisoner into custody on 2nd Jan.—I told him he was charged with embezzlement—he said he should be able to explain it to the satisfaction of his master.
GUILTY . Aged 28.—Recommended to mercy by the Prosecutor.— Confined Six Months
(There was another indictment against the prisoner.)
GUILTY . Aged 26.— Confined Four Months.
TOMKINS pleaded GUILTY .
ALDRIDGE pleaded GUILTY . Confined four Months.
MR. HUDDLESTON conducted the Prosecution
MARY ANN GARNER . I am a nurse, in St. Luke's Workhouse. The prisoner was an inmate there—on the morning of 22nd Dec. I saw her leaving the workhouse; and in consequence of directions from the master, I searched her—I found a calico-shirt under her clothes, next to her body, and a piece of suet inside her gown—I told her she was a very bad woman to take them—she said she was sorry she had got herself into trouble for other persons—these things were the property of the Guardians of the Poor of the Parish of St. Luke, Middlesex, and were used in the work-house—the boy's shirt would be kept in the laundry, and the suet was in the kitchen—the prisoner was employed in the laundry and in the kitchen.
The prisoner's statement before the Magistrate was here read, as follows: "I own to taking the shirt and suet."
Prisoner's Defence. The shirt was given to me the week before, by Martin; the suet I took myself.
GUILTY . Aged 57.— Confined Six Months.
MR. HUDDLESTON conducted the Prosecvtion.
MARY ANN GARNER . I am a nurse, in St. Luke's Workhouse. In consequence of information, I went with two policemen to a house in Blue Anchor-alley, St. Luke's—the prisoner lived there—the officer asked her if she knew a person of the name of Joyce; she said, "Yes"—he said he had brought a person to search the house for some property belonging to the Guardians—she said he was welcome to do so—I said
the apron she had on belonged to the Guardians, and I took it from her; this is it, it has the mark on it—I saw the officer open a drawer; these two petticoats were found in it, and this bedgown and stockings—this blanket was on the table, and this cap was on the drawers—they are all the property of the Guardians, I told her so—she said she got the stockings and blanket from Mrs. Baker—she was then taken into custody.
Prisoner. I uncovered the bed, and produced the bed-tick; I asked if it was yours; you said, "No;" I took the bed off, and I said, "Is this your blanket?" you said, "It is very much like those in our house"—I said "I had it from a person named Baker; her father died on it," and then you laid it down; the best part of the things never belonged to the parish; I bought them of Mrs. Baker. Witness. You might have brought it from the bed, and laid it on the table—I said I thought the stockings were ours, I would not swear to them—these things are marked, except the blanket and bedgown; the petticoats and apron are—I know the bedgown without its being marked—this is the sort of blanket we have—we have others exactly like it—she said she bought the blanket and stockings of Mrs. Baker, of 8, Ironmonger-row—I did not go there.
HARRIET HAYWARD . I searched the prisoner at the station—she said she was given into custody all through a woman that had been buying things belonging to the parish—I asked if she knew the woman; she said, "No," there were so many people called on a Sunday that she bought of, that she could not swear to her—I said, "This handkerchief you have on belongs to the workhouse"—she said, "O, don't take that."
SARAH EVANS . I know the prisoner. About five months ago I saw Joyce pull off her petticoat, and sell it to the prisoner for a shilling, as I was going through the kitchen with a pail of dirty water, and as I was coming back with a pail of clean water, she was paying her for it—this was in July last.
Prisoner. I lost a shift, and I accused this woman of it, and it is for spite she has done this—she took away my glasses and the glasses of another person. Witness. No, I did not.
GUILTY of receiving. Aged 60.— Confined Six Months.
MR. HUDDLESTON conducted the Prosecution.
WILLIAM EDWARDS . I am master of St. Luke's workhouse, and live there. On 22nd Dec. the policeman went to the prisoner's place, at No. 4, John's place, St. Luke's—I went after him—I saw the prisoner there—I saw these articles found there; two caps, two sheets, four pillowcases, three shirts, one pair of stockings, three handkerchiefs, three towels, one ham-bag, and some soap—they were on the table, and were being examined by the officer—I said "These belong to the Guardians of St. Luke's"—I took up these two caps, they have the marks on them—the
prisoner said, "I had them from the woman Joyce"—the officer said, "Why did you not say so on the first occasion? you denied all knowledge of the woman Joyce, and said you had nothing here"—the prisoner said, "I did not know you were an officer"—I saw two handkerchiefs before the fire, and I said, "These belong to the workhouse"—the prisoner said, "I had them from the woman Joyce"—I have been informed that before Joyce came to the workhouse, she had been living with the prisoner.
Cross-examined by MR. PAYNE. Q. Had Joyce a son? A. I never heard of it—he was not in the workhouse, to my knowledge—I think he could not have been there without my knowing it—I swear to these two caps—I believe nothing else has got a mark—I can swear to the make of these other things—these stockings were supplied to sick paupers—this sheet is not marked, I can produce the fellow to it—I cannot tell how many sheets we have; perhaps 400 or 500—these shirts have no mark, but I can swear to their make—this ham-bag has no mark.
MR. HUDDLESTON. Q. He told you he had them all from Joyce? A. Yes—these sheets are made of dowlas; they are made on purpose for the workhouse, and are made in the workhouse—they are narrow, for one person only—they are a particular width and length—these stockings have two ribs of blue round the rim of them—one of these caps hat no mark. but the piece may have been taken out.
JAMES CLIFFORD (policeman, G 126). I searched the prisoner's house—he took the caps out of the drawer, and said Mrs. Joyce had left them—I found two handkerchiefs, and asked if he had got anything else; he said no, nothing but what was his own—the other officer found a bundle containing these shirts and other things in a drawer—the prisoner said he had them from Joyce—I heard Mr. Edwards say that they belonged to the workhouse—the prisoner said he had them from Mrs. Joyce.
Cross-examined. Q. Did you not go and tell him that there was a person named Ann Joyce locked up in the station? A. Yes, I mentioned Mrs. Joyce to him first—he sometimes used the words, that she had left some things, and then that he had them from her.
GUILTY of receiving. Aged 43.— Confined Six Months.
375. HANNAH WARD , was again indicted, with MARGARET CHAPMAN , for stealing two bottles of pickles, 15 apples, and 1 pot for meat, value 2s. 6d.; the goods of Thomas Snelling, their master: to which WARD pleaded
GUILTY . Aged 57.—She received a good character— Confined Three Months
GEORGE SCOTT (City-policeman, 560). In consequence of information I went to Mr. Snelling's, in Fenchurch-street, about eight o'clock in the evening, on 3rd Jan.—I saw Chapman come out—I followed her to Leadenhall-market—I saw Ward there; they went in the market—I followed them and passed by them—I saw some bottles of pickles standing
on a butcher's block—the prisoners were standing by them—Chapman was pulling some bottles of pickles out of her apron—they separated in about two minutes afterwards—I followed Ward—I did not see Chapman again that night—I saw her the next morning on London-bridge, coming to work—I followed her to Mr. Spelling's, and took her into custody in his house—she gave me her address, at No. 33, Russell-street, Bermondsey—she said she occupied the first-floor there—I went there and searched—I found six bottles of pickles, three of capers, three of cayenne, one bottle of damsons, and a number of other things, which I have here.
Chapman. I said I had bought them.
JAMES LILLEY . I am in the service of Mr. Snelling. The prisoners were both employed in his warehouse, one for nine years, the other about two years—I know these articles, they are the property of Mr. Thomas Snelling—I cannot tell when they were safe—these bottles are empty—they have never been used—we never sell them empty—I know them to be Mr. Snelling's property—they are made for him.
Chapman. You cannot prove that I stole them; they might be his before they were mine; I am not guilty; I never had a stain on my character before.
COURT to JAMES LILLEY. Q. Amongst these things, which are full? A. These bottles of pickles are full—this pot for meat is empty—we never sell them empty—these others have never been used.
CHAPMAN— GUILTY. Aged 35.—Recommended to mercy by the Jury . Confined Three Months )
376. ELIZABETH WAYMAN , breaking and entering the warehouse of Henry Thorp, and stealing 24 walking-sticks and other goods, value 13l. 11s.; 1 cash-box, 4s. 6d.; 24 half-crowns, 1 promissory-note for 30l.; 1 other for 25l.; 1 other for 15l.; 1 other for 10l. 10s.; and 2 others for 5l.; his property.—2nd COUNT, receiving the same.
MR. RYLAND conducted the Prosecution.
HENRY THORP . I am a walking-stick manufacturer, and live in Church-street, Bethnal-green. I have a manufactory in Turville-street, about 400 yards from my dwelling-house. On 6th Dec., I fastened it up at half-past eight o'clock at night—all the articles were secure—I went there from information about nine the same evening—I missed all the things mentioned in this indictment, partly that evening and partly the next morning, and the things were all strewed about—amongst other things a cash-box was gone—I saw that again about eight days afterwards—it was produced by Sergeant Teakle, and the same evening I saw these two sticks—I can identify one stick, and this other I believe to be mine—I lost two dozen of this description—I know this cash-box, by a bruise it has at the bottom from a fall—the value of all I lost was about 140l.—my warehouse is in the parish of St. Matthew, Bethnal-green.
Cross-examined by MR. PAYNE. Q. You said you believed this box to be yours, and then you made a further examination of it, and that made you confident? A. Yes; I know this stick, because it has been mounted at both ends.
COURT. Q. What was in the cash-box? A. One promissory-note for 30l., one for 25l., one far 15l., one far 10l. 10s., two for 5l., and about 3l. in half-crowns.
HENRY CUMMINGS . I am a parasol-maker, and live in Talbot-court, Gracechurch-street. I had heard of this robbery, and on the morning of Friday, 13th Dec., I met a man named Gerrard, whom I knew from his using a public-house—I had some conversation with him about the robbery, and in consequence of what he said I went to the prisoner's house which is near to the Loggerheads, at the back of Shoreditch Church—a sort of smith works at the house—I got there about one o'clock—I saw the prisoner there, and the man who was with me told her he had brought me to look at the sticks, and ferrules, and stick mounts—I do not know that she made any answer, but she stood by—the goods laid on the bed, covered with a cloth—I believe the man took off the cloth—I saw the goods, he offered them to me for sale—he asked if I would buy them—I asked him how many there were—he said about two dozen—I said I was not prepared to buy them then, but I would let him know in the course of the day—I saw this stick that the prosecutor has identified, and about two dozen others—there was some whispering between the man and the prisoner, but I do not know what they said—I did not say anything to her about coming there again, but I agreed with the man to meet him the same evening at a beer-shop in Kingsland-road: the prisoner heard that—I saw caps, and collars, and ferrules on the bed—I went directly to Mr. Thorp, and communicated all this, and also to Sergeant Teakle—I went in the evening to meet the man, and he did not come.
GEORGE TEAKLE (police-sergeant, H 8). I saw the last witness on 13th Dec.—I went to the place be has described, but I found no property—the prisoner was at home, I asked her if the room belonged to her—she said it did—I went into the cellar and found these two sticks—I returned and asked the prisoner where the other sticks were—she said she did not know, and she did not know these two were in the cellar—I then looked under a child's bed which was by the side of her own bed, and found this cash-box which Mr. Thorp immediately claimed—I told the prisoner the charge, and said I must take her—she made no further remark—I did not ask her about the cash-box.
THIRD COURT.—Thursday, January 9th, 1851.
PRESENT—Mr. Ald. HUMPHERY; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder, and the Eighth Jury.
GUILTY Aged 22.—Recommended to mercy.— Confined Six Months
SARAH FRASER . I live at 4, Gulston's-cottages, Regent-street, Westminster. On Saturday morning, 29th Dec., between half-past seven and eight o'clock, I beat my carpet and hung it over a line at the step of the door which opens into the garden in front, and that opens into Gulston's-court, by a gate at the bottom—there are two steps from the court, which is a public thoroughfare—the gate was open all the afternoon—I
saw the prisoner pass up and down the court five times between one and five o'clock—I did not know her—between half-past four and five I missed my carpet—this is it—(produced.)
GRACE TURNPENNY . I lodge with Mrs. Fraser. On this Saturday, between four and five o'clock, I was ironing at my window, which is on the first-floor, and looks towards the court and garden, and saw the prisoner come down the steps into the garden; I opened the window and asked her who and what she wanted—she made no answer, but went to the line, took the carpet, and went away with it—I knew her by sight before, and am positive she is the woman.
Prisoner. Q. Did you not tell the inspector at the station that the woman was marked with small-pox? A. No; I told him I saw the woman very plain, and should know her again.
GUILTY . Aged 50.— Confined Nine Months.
379. CAROLINE HANNAH THOMPSON and MARGARET M'CARTHY , stealing 1 coat, value 2l.; the goods of Robert Schulhof; and 1 coat, 2 pairs of trowsers, and other articles, value 7l.; the goods of Joseph Beck, the master of Thompson, in his dwelling-house.
MR. METCALFE conducted the Prosecution.
ELIZABETH BECK . I am the wife of Joseph Beck, of 18, Great James-street, Bedford-row, a printer. Thompson was in our service—on 26th Aug. I went out; on my return the prisoner was gone, and I missed a gown, a pair of stays, a petticoat, a velvet mantle, a mantle trimmed with crape, and a whole suit of black of my husband's; another pair of trowsers and a black satin waistcoat—I went to Thompson's parents in Upper Ground-street, Blackfriars, where I had been with her two or three days before, but did not see her—on 31st Dec. I met her in Castle-street, Holborn, and said, "You know, Caroline, you have robbed me; you are my prisoner, you must come with me"—she pulled my shawl off me in the street, called a crowd round me, and told the people I was drunk, and that she knew nothing at all of me—I kept hold of her till we got into Holborn, and then she said, if I would not expose her in the public-streets she would come to my house and tell me the truth—when we got there she said, "It was not I that robbed you, it was a person assisted me to rob you; I was set to do so;" or something similar to that—a policeman was sent for, but before he came she told me, without my asking her, that on the Friday previous to her robbing me on the Monday, she met a person of the name of M'Carthy, who said, "What, are you living in this neighbourhood?" that she answered, "Yes;" M'Carthy said, "Can't you take some things from them people?" or "Can't you rob them people?" that she, Thompson, said she could not do it, or she did not wish to do it, I cannot exactly recollect what she said, but I believe she said she met her twice, and impressed it on her mind that she must do it—I know nothing of M'Carthy—my house is in the parish of St. Andrew, Holborn.
High Holborn. I produce a waistcoat and coat, pawned on 26th Aug. by a woman in the name of Ann M'Carthy, of 60, Baldwin's-gardens, for 1l.—I cannot say who the woman was—my attention was not called to it till last week.
JOHN GRAYSMARK , (policeman, E 8). On 31st Dec. Thompson was given into my custody at Mr. Beck's—she stated that she was induced to commit the robbery by a woman named M'Carthy, who charred at a house where she formerly lived servant—I afterwards, in consequence of information she gave me, took M'Carthy at 18, Ely-place, Holborn, where she was charring; I told her I took her for being concerned in a robbery, in Great James-street, at the latter end of last Aug.; that Thompson said she had aided and assisted her—she said, "Good God! I know nothing about it; the girl must be mad!"—when the charge was being taken at the station they were both present, and M'Carthy said to Thompson, "Why, Caroline, you know you gave me a coat and waistcoat, which I pledged at Mr. King's, in Holborn"—Thompson said that M'Carthy was the cause of her being in trouble, or words to that effect, and M'Carthy made no reply—I asked M'Carthy for the duplicate, and she said she burnt it when in a passion, with some of her own—she told me she lived at 60, Baldwin's-gardens, I went there, and in a box in the front-room second-floor, I found this waistcoat, which Mrs. Beck identifies, and under the bolster of the bed I found this pair of trowsers (produced)—she told me her room was the second-floor, and I asked the parties there which was M'Carthy's room—she did not say whether it was front or back—there was another person in the back-room—this was the only one unoccupied—there were two beds in the room; it appeared occupied by a man as well as a woman—I took seven keys from her, and one of them opened the box, which contained women's apparel, except this waistcoat—I then went to 18, Brook-street, Holborn, which Thompson said was her lodging, and there found these two mantles, and this collar (produced.)
Cross-examined by MR. PAYNE. Q. Did not M'Carthy protest her innocence all the way to the station? A. Yes; a man unlocked the door of the room for me; he goes by the name of M'Carthy, and passes for her husband—I went to Mr. Finch, of Holborn-bars, about her—I understood she charred there; and also to Mr. Archer, of 3, High Holborn—I find she has borne a very good character.
ELIZABETH BECK re-examined. This waistcoat produced by Aldridge is my husband's; it is quite new; there is no mark on it; and the coat belongs to Dr. Schulhof, my lodger; I believe his name is Robert Morris—I know the coat, because he asked me to get it re-lined for him—this pair of trowsers, found at M'Carthy's, are my husband's—there is no mark on them; but I put them away, and brushed them—the satin waistcoat is his; I know it because I have repaired it; here is my work on it (pointing it out)—these mantles are mine; they were new; I know them by the general appearance—I bought them ready-made—this collar is mine, but I did not miss it till the policeman showed it me—I have found all the things except a black frock-coat, a pair of trowsers, and a petticoat.
MR. PAYNE called
Cross-examined by MR. METCALFE. Q. Which room does she live in? A. The front-room, second-floor; her husband lives with her.
(Several other witnesses deposed to M'Carthy's good character.)
M'CARTHY— NOT GUILTY .
THOMPSON— GUILTY. Aged 20.—Recommended to mercy by the Prosecutrix .— Confined Six Months
LIONEL HODDER (policeman, V 52). I have known the prisoners five Or six years—on 23rd Dec, between seven and eight o'clock in the evening, I saw them together, coming down High-street, Putney, in the direction from Hammersmith—Beasley had a large bundle under his leftarm—I was in plain clothes—I was on one side of the road, and they on the other; and before they got up to me, Fleming stopped behind—it was a very foggy night—when Beasley got past a shop where there was a light, he turned, and saw me; and when he got past the lights, he ran, and I followed him 300 or 400 yards into Putney-fields, and lost sight of him—I was satisfied he had not gone on, and turned back, and met Fleming coming on; when he saw me, he began singing—I stopped him, and asked him where his mate was; he said he had not been with any one—I asked what he had about him; he said, "Nothing"—I unbuttoned his jacket, and found a flannel-jacket under his jacket and over his waistcoat; I felt it, and it was damp—I asked where he got it from, and he said he bought it of a Jew, in Petticoat-lane—I told him to pull it off; he did so—I examined it, and noticed on the right cuff a button about half off, and partly worn—I thought it might be his, and let him go—in about half a minute I met Beasley, and said, "Where is the bundle you were carrying?" he said, "I was carrying no bundle"—I said, "Yes, you were, a large bundle"—he said, "I was only carrying a few rags, which I have in my pocket—I searched him, and found under his jacket a flannel-shirt, which was wet—I said, "Where did you get it? it is very damp"—he said, "I know it is; I bought it in Petticoat-lane"—I told him to pull it off—this is it (produced)—his waistcoat was under it—the flannel-jacket produced is the one Fleming had on, I know it by a speck of black on one of the buttons.
HANNAH CLARK . My husband's name is John Clark—we live in Hampshire Hog-lane, Hammersmith—this flannel-shirt, found on Beasley, is my husband's—I made it—on 23rd Dec., at half-past four o'clock, it was hanging on a line in my yard, to dry—I missed it at ten minutes to five—the jacket was there, and I missed it at the same time.
ANN RANDELL . I am the wife of William Randell, of Albion-row, Hammersmith—we keep a meat-shop, 200 or 300 yards from Mr. Clark's—on 23rd Dec., about five o'clock in the afternoon, Beasley came, and asked if we sold sausages—I said we did not; and from a suspicion I had, I followed him to the door, and saw him joined by a youth who I am not able to identify—I had no light in the shop, but there was a lamp close by—I looked full at him.
EDWARD COCK (policeman, V 245). I took Fleming on 24th Dec., at his mother's, at Wandsworth—I asked him where the flannel-jacket was he had the night before; he said, "You b—r, I sold it to a Jew, and it is in Petticoat-lane before this time"—I took him to the station, and on the way he said, "You b—r, I suppose you are going to lag me this time?"
JAMES WILLIS . I am in the service of Mr. Butcher, pawnbroker, of Wandsworth. I produce a flannel jacket which was, pledged on 24th Dec. in the morning by a man, in the name of John Smith—it was not either of the prisoners; I know them.
THOMAS OATLEY (policeman, V 190). I produce a certificate of Fleming's conviction—(read—Convicted at Central Criminal Court, Dec. 1847, having been before convicted; confined one year)—I was present—he is the person.
BEASLEY— GUILTY . Aged 19.— Confined Six Months.
FLEMING— GUILTY . Aged 17.— Transported for Seven Years.
the goods of William Randell.
MR. THOMPSON conducted the Prosecution. LIONEL HODDER (policeman, V 52). On Monday, 23rd Dec., between seven and eight o'clock, I saw the prisoners in High-street, Putney, coming in a direction from Hammersmith—Beasley was carrying a large bundle under his arm, wrapped in a blue handkerchief, under another one—as soon as he got beyond the shops he ran away—I missed him, turned back, and met Fleming—the conversation, I detailed in the last case passed between us—I let him go, and then met Beasley again—he then had no bundle—I said, "Where is that bundle you were carrying?"—he said, "I was carrying no bundle"—I said, "Yes you were, a large bundle"—he said, "I was only carrying a few rags"—I said, "where is the handkerchief?"—he said, "This is it round my neck"—I said that was not the one (that was the same he has now)—I took him to the station, and afterwards found the bundle from twenty to thirty yards from where I stopped him, put in between a thorny hedge—these two handkerchiefs formed the bundle (produced), and it contained 14 lbs. of fresh pork, and 4 1/2 lbs. of beef suet.
ANN RANDELL . I am the wife of William Randell, of 6, Albion-row, Hammersmith, and keep a meat-shop. On 23rd Dec., rather before five o'clock, Beasley came to the shop and asked if I sold sausages—I watched him out of the shop and went to the door—I then had a. loin of pork hanging on a beam in the shop, and my husband afterwards came in with the suet, which was wrapped in this blue handkerchief—he laid it on a board in the shop—we had our tea in the back parlour, and about eight missed the pork and suet—the shop door leading to the street was shut while we were at tea—Hodder brought me the pork and suet on the 24th—that was the same sort I had missed, and the same in quantity, I did not weigh them—I swear to this handkerchief.
WILLIAM RANDELL . I am a sawyer, and sell meat. On 23rd Dec., as I was coming home, between four and five o'clock, I bought between four and five pounds of suet, which was weighed in my presence—it was
wrapped in this old blue handkerchief, and I laid it on the board in the shop in the handkerchief—I missed it about eight, and saw it again when Hodder brought it—I am sure it was the same; the butcher allowed me to cut it myself—I shut the door when I came home, it opens with a latch—any one in the street could open it—there was no light in the shop while we were at tea.
BEASLEY—GUILTY.— Confined Six Months more. FLEMING— NOT GUILTY .
JOHN DOWNS . I live in Fountain-street, Macclesfield, Cheshire I am a boatman, and in the habit of coming to London with a boat. On 19th Dec., about ten o'clock, I met the prisoner at the top of the New-road, and went with her to 10, George-street, Grove's-row, Marylebone, which is a private house—we went into the kitchen—she asked me to send for some drink—I pulled my money out in my hand, and she snatched it away; it wast two shillings, a sixpence, and twelve halfpence—I had looked at it about eight o'clock, when I started from the City—she went out of the kitchen, and I followed her—she made a noise, and two young men came from a back place and caught hold of me while she got clear away—after she was gone they let me go—they did not hurt me or speak to me, or I to them—I walked up and down the road for an hour and a half, and at last I saw her come home with another young man, and go into the same house with him—I went and told a constable—(I had before given him a description of the girl, and he said I must get more description of her)—he went with me and took the prisoner into custody—I charged her with snatching the 2s. 6d. out of my hand—she said she had not seen me with her eyes before—the two shillings I had, had a lion on one side of them—I had had them twelve months; they were given me as a present by my sister.
Prisoner. He was to stop with me for the night, and the money was not sufficient—he gave me the three shillings while I was on the bed.
Witness. I did not ask her to stay the night with me, I asked her if she could find me a bed for the night—I did not mean to sleep with her—I took no liberties with her—there was no one else in the kitchen—there was a bed there, I was not on it, or the prisoner—I had not been drinking at all.
GEORGB HAMSON (policeman, D 230). On the. night of 19th Dec., about a quarter before eleven, I met the last witness in George-street, Lisson-grove—he complained of being robbed—I saw him again at a quarter to twelve, and in consequence of information he then gave me I went with him to 10, George-street, Lisson-grove, which is a common brothel—I went into the kitchen with him, and found the prisoner there, and a young man who was drunk—I told the prisoner she was charged with robbing the prosecutor of three shillings—she said, "I know nothing about it; I never saw him before till to-night"—I took her in custody, took her to the station, and gave her to the female searcher—the prosecutor was sober—when I took the prisoner she said, referring to the drunken man, "Here is a man here who can prove that he has been with me all the whole night." ANN BROWN. I am the wife of Joseph Brown, a policeman. I searched the prisoner on 19th Dec., and found two shillings in her dress pocket—I
put a mark on them in the inspector's presence—these produced are them—they have been in my possession ever since.
Prisoner. I gave her the 2s. out of my hand into her hand. Witness. I believe she took it out herself—she made no difficulty about it.
(The prisoner, in a written defence, stated that the prosecutor gave her the 3s.; that he wanted her to stop all night, which she refused; that she went away, returned in about half an hour, and he gave her in custody.)
The prisoner called
HARRIET OSBORNE . I am the servant of the house, under a master and mistress—I was in the kitchen when the prisoner and prosecutor came home—I cannot exactly swear to the prosecutor, because he had a large smock-frock on then—I saw him count two silver shillings, a sixpence, and some halfpence, into the prisoner's hand—there was no one else in the house but me—she gave me 9d. (3d. and a 6d.) for the room, and went out to get some gin, and while she was gone for it the gentleman fetched a policeman.
COURT. Q. Where were you while they were in the kitchen? A. Sitting on the stairs outside, with a baby belonging to the person of the house—I should say they were about a quarter of an hour together—I saw the prisoner leave the kitchen and the prosecutor afterwards—I did not see one young man or two young men catch hold of the prosecutor, or try to stop him—there was no one in the house—if it had happened I most have seen it—I have lived six months there. JOHN DOWNS re-examined. I had a large smock-frock on that night.
NOT GUILTY .
383. JOHN STANDEN, DAVID COOKE , and EDWARD LEE , breaking and entering the dwelling-house of Maria Getliffe, and stealing therein 29 shillings, 120 pence, 24 halfpence, two spoons, 4 brooches, 1 necklace, and other articles, value 5l. 18s.; her property.—2nd COUNT charging COOKE with receiving; she having been before convicted.
MR. RIBTONM conducted the Prosecution
ESTHER FIGG . I reside with my sister, Mrs. Getliffe, at the British Queen, George-street, Hammersmith, On Christmas-eve we went to bed about half-past twelve, and before doing so we bolted and locked the doors and windows—on Christmas morning I was down about half-past seven—before getting up, at about a quarter to seven, I had heard footsteps in the prisoner Standen's room—there are four rooms on the floor—I sleep with my sister and the three children in the front room, and Standen slept in the back—I can hear a tread in his room, and the joists spring when they get out of bed in that room—there is a brick wall between the rooms—Standen was a lodger in the house, and carries crockeryware for sale—his usual hour for getting up was about eight—when I got down-stairs I took hold of the strap of the front door that straps it back, and the door opened—there is no lock; it fastens by a bolt in the middle, and another at the top; they were drawn—I found the bar-door forced open, and one leading to the bar-parlour, the top part of which was locked on the previous evening, and the key taken up-stairs—the bottom was bolted, and the other door also—I found the bottom part broken open, and the top still locked—I found the bar-parlour in confusion, the cupboard forced
open, and from it I missed two silver table-spoons, four silver labels, four brooches, three rings, a shawl-pin, two breast-pins, a coral necklace, three seals, six shirt studs, 1l. 9s. in silver, and 11s. in copper—I know Cooke and Lee—I had seen them at the house on Christmas-eve—I last saw them about eleven o'clock together—Standen was in the room at the time, but not with them—in the morning I found the passage-door, leading from the bar out into the back yard, still bolted in the inside, and an outer ne also, as I had left them—I found the kitchen and coal-cellar doors open, and the kitchen window also, which is a sliding window; that is at the back of the house; there is a grating to it, and it seemed lifted up a little—supposing any one to have got in at that window, they could have got to the bar, but they must have forced the kitchen door, which was bolted overnight on the inside of the passage, outside the kitehen—my father, who is 78 years old, and unable to attend here, also slept in the house, a Mr. Little, a lodger, the prisoner Standen, and his son—Standen came down that morning about eight o'clock—the kitchen door was open, but I did not observe whether it had been forced.
Cross-examined by MR. ROBINSON. Q. Have you a particular recollection of having fastened the place on that night? A. Yes; we were not particularly busy that evening—I cannot say how many people there were in the house between nine and twelve o'clock—we have a pretty good business—there might have been thirty in the course of the evening in and out—Lee has used our house about a month.
MARIA GETLIFFE . I am a widow, and am the owner of the British Queen, public-house. On Christmas eve I went to bed a little after twelve o'clock, before doing so I examined the premises—I and my sister went up together—I fastened the front door, and ray sister held the candle—it is secured by bolts—the prisoner had been drinking at the house that night, but had left—I examined the other doors, and they were all secure—on coming down in the morning, and going to the bar-parlour I found everything in confusion, and a number of articles taken away, which I had seen safe the evening before—the only inmates of the house are my father, my three children, my sister, myself, Mr. Little, the prisoner Standen and his boy, who I should think is ten or eleven years old.
Cross-examined by MR. ROBINSON. Q. Do you rent the house yourself? A. Yes; it is my business, not my father's—I was before the Magistrate, but was not examined.
COURT. Q. How long has Standen been lodging with you? A. About seven months—he pays me 2s. 6d. a week for himself and boy—his boy used to work with him—he kept his stock of crockery in my scullery—he would not go through the kitchen to go there—I saw my sister fasten the kitchen door on this night, I did not see it again till three o'clock next day—my sister left the key in it, and it was there next day—I did not see any signs of its having been broken open.
JOHN LITTLE . I lodge with Mrs. Getliffe—there are four doors open on to the landing, and mine is a side room, opposite Standen's; it is a corner house—there is only one floor—on the morning of Christinas day, before I got up, I heard footsteps come up-stairs, and there was a sort of slight stumble nearly at the top of the stairs as I imagined—it was not daylight—I cannot say which way they went—about half an hour after, I
heard Mrs. Getliffe's room unlocked, and heard her sister, as I supposed, go down-stairs—I know Standen and Cooke, but not much of Lee—I saw Cooke and Standen in the tap-room on Christmas-eve together drinking, and Lee was at the further corner, behind the door—the last I saw of Lee was about eleven, when I went to bed—I saw Cooke take a pot, or part of a pot, of porter over to Lee, and ask him to drink.
Cross-examined by MR. HORRY. Q. Were there twenty people there? A. No; there might be a dozen.
Cross-examined by MR. ADDISON. Q. How long were you in the tap-room? A. Two or three hours—people were coming in and going out all the time—there was drinking going on.
Cross-examined by MR. ROBINSON. Q. Did it not strike you as a suspicious thing when you heard the footsteps? A. It did, after I heard Mrs. Getliffe's door unlocked—I think the person had no shoes on—I thought the potman, Axtell, who slept with Standen, might have been down-stairs, and was coming up again—I did not know that he was out that night—I drank with a Mr. Appleford that night, I do not recollect drinking with any one else—I have not been charged with letting any one into the house.
JAMES AXTELL . I am potman at the British Queen. On Christmas-eve I shut up the house, and about ten minutes past twelve o'clock went out with Mr. Appleford—all the parties who had been drinking there had left, except Standen who slept in the house—Mrs. Getliffe and her sister saw me out, and Standen came to the door, and said if I knocked at his window he would come and let me in, and if not he would light my fires in the morning—Cooke came out at the same time, but I did not notice which way he went—Lee had left a quarter of an hour before—I generally sleep with Standen—I left Mr. Appleford at hull-past two, came home, found the front-door fastened, and I went round to the skittle-ground, and knocked at Standen's window with a clothes' prop—I did not get any answer—I went into the skittle-ground, fastened the door, opened a truss of straw and lay on it, and covered myself with a meal sack—I saw the kitchen window, but I did not examine it—I must have seen it if it had been slided back—when I got up in the morning at a quarter-past seven, the iron grating was raised up a little—I must have seen that if it had been so at night—I then tapped at the window as I had done before, and Standen looked out, and said he was getting up—Mrs. Getliffe unbolted the back-door and let me in—on the evening before, Cooke went across the tap-room to Lee, who was sitting behind the door, and asked him to drink—they talked, and sat down together.
Cross-examined by MR. ADDISON. Q. You went out at midnight to spend an hour or two with Mr. Appleford? A. Yes; I do not usually commence my visits at that time—it is the only time I have been out for two years—Appleford is independent—he has had some property lately left him by his father—his wife is a laundress—before he got the property he had been away from home some time—I do not know what that was for; I never inquired—I visited no one but him that night—I remained with him, having toast and ale, till half-past two o'clock—I know the time by seeing the clock in his house—he lives within five doors of the British Queen.
Cross-examined by MR. ROBINSON. Q. How long were you having toast and ale? A. From ten minutes past twelve o'clock till half-past two—I stopped till the ale was out, but I did not keep on drinking—we had two pots of ale between me, Appleford, his wife, and mother-in-law—I had been sitting all the evening at the British Queen, drinking with Appleford, and attending to my business—I was not the worse for liquor at all—I never slept in the skittle-ground before—I lived at the house seven years before Mrs. Getliffe came there, and I never saw this grating moved up before—I had to climb over a stone coping to get into the skittle-ground—I did not try the back-door or the windows, I had shut them myself before I went out—Mr. Appleford is not here—Standen's window is ten or twelve feet from the ground.
MR. RIBTON. Q. Were you drunk or sober that evening? A. Sober; I had my mistress's leave to go out—I have been out once before when the house was shut up; I stayed with a Mr. Smith that night, and came home in the morning—when I came home on this morning I saw that the back-door was closed—I was about a yard from it, and standing alongside the grating.
COURT. Q. When did you ask leave to go out? A. Ten minutes before I went—I was not aware I was going till Appleford asked me—he said to me, in the tap-room, "You may as well go home with me and spend the evening, and we will take some toast and ale home"—Standen and Cooke were then present, but Lee was gone—when I tapped at Standen's window, I called out, "Jack." but I received no answer—I only called once, and knocked one single knock with the clothes'-prop against the sash—I thought it was no use taking more pains to wake him; I had knocked loud enough.
JOHN JENNINGS . I live at 9, George-street, Hammersmith. I know the prisoners Standen and Cooke—about ten days before Christmas, or it might be a day or two before that, I went to the British Queen for my supper beer, between eight and nine o'clock, and saw Standen and Cooke outside the door, in the street, and heard Standen say to Cooke, "She takes the cash-box up-stairs every night."
Cross-examined by MR. HORRY. Q. Did you not tell anybody about it? A. Not till after the robbery—I do not know Lee—I know Axtell—I have not had any talk with him about the robbery; no one has been to me about it—when I heard Mrs. Getliffe had been robbed I just mentioned what I had heard, and one of the police afterwards came to me—it was a darkish night that I heard this said.
Cross-examined by MR. ADDISON. Q. When was it you first gave any evidence of this kind? A. Last Saturday evening—I am a shoemaker, and have lived twenty years in the same house—I swear I heard the word "cash-box;" it was not "box" simply—I did not know what it meant—I heard the house had been robbed on the day after, but I did not mention it till the Tuesday after—I went to the house on Christmas-day, about one o'clock, and saw the policeman there—I did not mention it then, but I did on the Thursday—when I said Tuesday I thought Christmasday was Sunday—I was subpoenaed to the police-court on Saturday.
information that there had been a robbery—I examined the premises—I found the front door had not been forced, but the bar doors had—one sash of the kitchen window was slided back, and an iron grating outside very slightly removed—the inside of it next the house was fixed between bricks, and remained in its former position—that might have been moved from the inside—it is a little window area—it had not been moved half far enough for a man to get in—there were some ashes and cinders, and a piece of wood projecting over the grating, and they must have been moved to admit any one—I apprehended Cooke in George-street, about a quarter-past nine, took him to his house, and searched it, but found nothing relating to the robbery—I searched it again on the 27th, and in the yard, under some ashes and rubbish, I found two silver table-spoons, four silver spirit-labels, two brooches, three shirt-studs, three rings, one shawl-pin, and five skeleton-keys (produced)—I apprehended Lee on Christmas-day, at his house, 2, Plantation-place, and in his room found this chisel (produced), which corresponds with marks I had found on the bar doors at Mrs. Getliffe's, and the chisel is bent—Mrs. Getliffe's house is in Hammersmith parish.
Cross-examined by MR. ADDISON. Q. Did you go into Cooke's yard on Christmas-day? A. Yes, but I did not search it—the yard is directly at the back of the house, and there are many houses round about; it is in a row—there are no houses at the back—there are two females also live in the house—I should think it is 200 or 300 yards from the British Queen—I do not think I went to the house on the Thursday—there is a partition between the yards—you can get from one to the other by getting over the walls.
COURT. Q. How many houses are there? A. About twelve—the walls are four or five feet high—I have been upwards of seven years in the police, and two years a sergeant—I laid the chisel into the impression in the wood—that mark was in the door in front of the bar—it did not correspond with those in the bar-door—the first thing I did was to put it into the mark, and it exactly fitted—I laid it in; the mark was not very deep—I am quite sure I did not make it fit the mark; I mean the breadth fitted—I believe the only persons in Lee's house are his father, mother, and himself—none of the keys I found opened the bar-doors—there is no key to the front door.
MARIA GETLIFFE re-examined. These articles produced are all mine—the spoons are marked "R G," which are the initials of my late husband—I had them before I went to the British Queen, and am certain they are mine—my father slept over the bar—there is a box in Standen's room, but it is not his own—I am in the habit of carrying my cash-box up-stairs.
EDWARD SCOTNEY (policeman, T 21). I produce a certificate—(read—Central Criminal Court, January 1848, David Cooke convicted of burglary, having been before convicted, confined one year)—I was present at his trial—the prisoner Cooke is the man.
LEE (See page 397)
NOT GUILTY .
COOKE— GUILTY on 2nd Count. Aged 34.— Transported for Fifteen Years. (There was another indictment against Cooke and Lee.)
OLD COURT.—Friday, Januarg 10th, 1851.
PRESENT—LORD CHIEF BARON POLLOCK; MR. JUSTICE TALFOURD; Mr. Ald. HUMPHERY; Mr. Ald. GIBBS; and RUSSELL GURNEY, ESQ.
Before Lord Chief Baron Pollock, and the First Jury.
384. GEORGE HOPWOOD and EDITH HOPWOOD , feloniously cutting and wounding Jane Parnell, on the neck and throat, with intent to murder her.—2nd COUNT, with intent to do her grievous bodily harm. MESSRS. ROBINSON AND COCKLE conducted the Prosecution.
EDWARD M'AULIFFE (policeman, H 142). On the evening of 2nd Dec., about seven o'clock, I was in the Bethnal-green-road—in consequence of some information which I received, I went to 18, Ramsay-street, Bethnal-green; I there saw Jane Parnell in bed, on the ground-floor—she had a bandage round her neck, and a strapping on her chin—she was in a very excited state; I would not say she was intoxicated; she was calling out, "Oh, George, George, don't"—in consequence of information which I then received, I went to 34, Ann's-place, Bethnal-green—I am not able to say, of my own knowledge, whether or not the prisoners lived there—I found the female prisoner there—I asked her if her name was Edith Hopwood—she said, "Yes"—Sarah Dearn, who was with me, said, "That is the woman"—I then told her that I wanted her for cutting a woman's throat—she said, "Oh, dear! I have not been out"—I then took her into custody, and said I would bring her before the injured woman for her to identify her—she said, "Oh, I won't go; take me to the station"—I took her to the place where Parnell was lying, and told her to look at the female prisoner—she did so, and said, "That is the woman"—I then took her to the station—after I had taken her there the male prisoner came in—the witness, Henry Hogan, came in afterwards, and said to the male prisoner, "That is the man who was with her"—the male prisoner said something to that, which I believe to be a denial, but I do not recollect his words—I found no blood on either of the prisoners—I afterwards examined the place—I found no marks, or anything of that kind.
Cross-examined by MR. PARRY. Q. You found no marks? A. None, neither masks or marks—I looked and found nothing—I did not look that night, or next morning—I do not recollect that I mentioned Jane Parnell's name to Mrs. Hopwood when I took her into custody—I said it was for cutting a woman's throat—I cannot say that I then knew Parnell's name—she lives in the neighbourhood; I never knew her before—it was about seven o'clock at night when I received the information—it was not a foggy night, nor moonlight—Mrs. Dearn accompanied me.
SARAH DEARN . I am the wife of John Dearn, and live at 18, Ramsay-street, Bethnal-green—Jane Parnell dpes not live in the same house with me: I saw her on 2nd Dec.—I left her at work on the night of that day up in a weaver's shop, in Abbey-street, Bethnal-green—I went home to my own house in Ramsay-street—while I was standing at the door of my house I saw a man and two women struggling under the dead wall, under the lamp nearest my door—I cannot swear to the man, but I can swear to the woman (looking at the female prisoner)—there were two women; one woman I knew then, that was Mrs. Hopwood—the woman
and the man had masks on—I cannot form any opinion whatever as to who the man was, only by the back of him—after some struggling two of the persons left, the man and Mrs. Hopwood—I did not go up to the spot; I went in-doors—before that, and before they ran away, I saw a person on the ground; it was Mrs. Parnell—she came in to me a few minutes after the struggle—I was then in-doors, in my own room—she came running in and fell in my arms—she was almost out of her senses—she exclaimed, "Oh, Sarah, Sarah! Mrs. Hopwood has cut my throat"—her throat was cut, and her chin, and her throat was bleeding all over her—I sent for a medical man, and afterwards for the police—I knew where the prisoners lived, and I afterwards went to their house with the policeman—the officer went in, the female prisoner came down, and I pointed her out to the officer, who took her into custody—he took her to my house, and into the room where the wounded woman was lying.
Q. When she was brought into the room where Parnell was lying, Parnell said something? A. She answered,. "Yes;" I do not know exactly now what the words were, but she made some answer to her—she was afterwards taken away—I went to the station-house with the officer—the male prisoner afterwards came in.
Q. Did not you make any reference to the man? A. Only by the back and features; I mean his height and stature; but I could not swear to his face, because he had got a mask on.
Cross-examined. Q. Are you any relation to Mrs. Parnell? A. None at all; I am quite sure about that—I am the wife of Mr. Dearn—I am his lawful wife—I say that on my oath—I consider myself his lawful wife—I am his lawful wife—I was married—I do not know the Church—I am just turned twenty-five years of age—I have been married two years and three weeks—I do not know the Church where I was married—I was married.
COURT. Q. Were you married in a Church? you say you consider that you are the lawful wife of Dearn, were you married to him in a Church? A. No sir; not in a Church.
MR. PARRY. Q. On the solemn oath you have taken to tell the truth, and recollect you can be punished if you tell a falsehood, were you ever married at all to the man Dearn? A. We are on the point of marriage—that is telling you the truth—there is a dead wall on one side of Ramsay-street—there are houses on the opposite side—I think there are about thirty houses in the street—I believe they are generally inhabited by weavers and their families—a good many families live in one house—it is not a very narrow street.
Q. When you saw Mrs. Parnell struggling in this way, I suppose she screamed out violently? A. I did not hear her—I cannot say how long the struggle lasted—I do not think they were struggling long together by what I saw of them—I had never seen anything of the kind before—I did not hear Mrs. Parnell scream out "Murder!" or "Thieves!" or anything—I did not scream out—I stood at my door looking at them struggling—I did not cry out "Murder!" "Help!" or "Police!" because I did not know who they were at the time—I know Mrs. Dormer; she is my landlady at present—I do not live at the same house as Mrs. Parnell—I know that Mrs. Parnell lived with the male prisoner some time ago—I cannot exactly say how long he has been reconciled to his wife—I think
more than three months—I have not been a witness against them once or twice at Worship-street.
COURT. Q. How long has Hopwood been married to his wife? A. I do not know—I think they have been married some years: four or five years, by their own statement.
MR. PARRY. Q. You know that Mrs. Parnell did live with him at one time, and that he has ceased to live with her, and has taken his wife back again, and they have been reconciled? A. Yes; I live in the front room, on the ground-floor—I went in to poke up my fire, and Mrs. Parnell came running into my room, and fell into my arms—after seeing the struggle I went and poked my fire, because I had some things drying before the fire, and I did poke it after the prisoners had run away—I did not lock my room door when Mrs. Parnell came in—I know that Mrs. Dormer is outside.
Q. When Mrs. Dormer came down-stairs, did you not unlock the door, and come and tell her that Mrs. Parnell had had her throat cut? A. I see what you mean; if you will let me explain it, I will tell you how it happened—when Mrs. Parnell came running in, she fainted away, and I was frightened, and I locked the door, because I thought some one was running in after her, and I called for Mrs. Dormer, and she came down with a light in her hand—I hallooed out, "Mrs. Dormer, is any one there?"—she said, "No"—I said, "Are you sure?"—she said, "Yes," and I unlocked the door, and she came in—she was frightened to come in because she thought it was my husband's cousin, and she said, "I was frightened to come in, because I thought it was that drunken woman"—those were her words—I saw the two prisoners run away—I do not know Harriet Bradley, of 46, Hare-street, Bethnal-green, not by name—I know Mrs. Callow of Abbey-street; she was the first one I ran up to.
Q. Did you say at any time, in the hearing of Mrs. Bradley, or any one else, that it was a singular thing you should be standing at your own door, and that you should hear nothing of it, alluding to the struggle? A. I have no remembrance whatever of saying such a thing—I went up exhausted, for I was almost stupified when I went up, and know not what I said, and I brought two men away with me—I do not remember saying to Mrs. Callow, "It was very curious that I should be standing at the door and hear nothing of it"—I will swear that to my recollection I did not say that—I did not at the same time say, that the first I knew of it was Mrs. Parnell coming in, and saying, "Take care for George has cut my throat"—I never uttered such a word—I never recollect ever saying such a word—I did not say after I returned from the police-court to any woman who was with me that I wanted Mrs. Parnell to understand what I had been saying at the police-court as our stories must both correspond at the next hearing—I can swear, and be on my oath that I never uttered such words—I was quite sober on that day—I could not have said anything of the kind—I am never given to drink—I will defy any one to say they ever saw me tipsy—I have never been at the police-court for that, or for anything—I was never summoned there as a witness before; this is the first time—I have only known Mrs. Parnell from the time of her being with Mr. Hopwood, when we worked for him—her husband is at sea, I believe—I do not know a person of the name of Anderson—Parnell resides all alone now—she did work for Mrs. Callow till this last winter.
JANE PARNELL . I am the wife of James Parcel, and lite at 25, Underwood-street, Mile-end New-town. My husband is at tea—I at one time cohabited with the male prisoner, four or five months since—I lived with him for about four months; four or five months; I cannot say exactly—the female prisoner is his wife—I have been married four yean—I am twenty-six years of age—on the evening of 2nd Dec. I was going along Ramsay-street, between six and seven o'clock—I had come from Sale-street, and was going to Mrs. Dearn's—when I was about halfway down Ramsay-street, I was attacked by a man and woman, both with masks on—the man put his hands across my mouth, and the woman drawed an instrument across my throat—I struggled with them for some time, when I fell—I raised myself up again by the skirt of the woman's dress, (the man's hand was on my mouth all this time)—I struggled again with the prisoners, and she drawed the instrument again across my throat—I first knew that an instrument was being used by feeling something across my throat; I was then standing as I may be now, with the woman in front and the man behind—I felt the instrument before I fell, and again afterwards—the masks were on the persons all this time; while the struggling was going on the mask came off the woman, and I then recognised to be the prisoner, Mrs. Hop wood—the man then came in front of me and threw me forcibly to the ground, and they then ran away—I am able to say that the instrument was in the female's hands—it was used twice altogether—as soon as I recovered myself I got up and went over to Mrs. Dearn's—I found the door open, and I knew no more of what passed—I then became insensible—I found afterwards that my throat has been injured—I am not able to say who the man was, only the woman.
Cross-examined. Q. How far is it that Mr. Hopwood lives from you? you live in Ram say-street, do you? A. Yes; he lives in Ann's-place—I should think that is about a mile and a half from me—I had not been to his house on the Saturday previous—Mrs. Hopwood is now under bail; I am under bail too; both of us were bound over—I made a charge against Mrs. Hopwood on the Saturday previous to this, for cutting my forehead open with an instrument—the Magistrate then held me and her, to bail; the Magistrate never heard the case at all—I took out a warrant against her and charged her with cutting my forehead—she was committed for trial on that charge—she was had up to Worship-street—the Magistrate said she was to pay the expenses of the Court, and we were both bound over to keep the peace—I had nut a fortnight before that been up to Mr. Hopwood's house—I lived with him at one time for four months—I live by myself now—I am not living with a man named Anderson—I am not in the habit of going to hit house and sleeping there—I mean to say I am not in the habit of sleeping with Anderson now—I never went to his house; he came to mine—there is no other person I have known while my husband has been at sea—my husband did not come home from sea and find I had made away with all his furniture; Mr. Hopwood had it in his premises—I do not know bow long Mr. Hopwood has been married—I know he has two children—I do not know, whether they are by this woman or not—he has been living with his wife for three or four months; since he left me.
Q. Do you know a man of the name of Hogan? A. No, only by his coming here—I do not know whether Mrs. Dearn knows anything of him—Mrs. Dearn is no relation of mine—I did not scream out "Murder!" or
"Police!" on this occasion—the hands were on my mouth—I was on the ground at one time—I did not find the hands off my mouth—I did not scream when they ran away; I got up as soon as I recovered myself, and went indoors—I had never been attacked in this way before—I do not know whether Mrs. Dormer came down and saw me almost immediately after this occurred; I was not sensible at the time—I am not aware that she saw me, and examined the marks on my neck and chin—I swear that I do not remember that—I do not know whether Mrs. Dearn and I were locked in the room; I was quite insensible—I cannot say how long I remained so—this took place between six and seven o'clock—I cannot say at what time I recovered my senses—the female prisoner was not brought to me by the policeman till after the wounds were dressed—I was not insensible when they were dressed—I cannot tell the number of yards I had to run before I got to Mrs. Dearn's, it was about eight doors across the road—there are only twenty-one houses in the street; I have counted them since.
COURT. Q. How long did you keep your bed with the wound? A. I was at home all the week; I kept my bed three days.
BENJAMIN VALE . I am a surgeon, and live at 8, Nottingham-street, Waterloo-town. On the evening of 2nd Dec. I was called in to see Jane Parnell, between six and seven o'clock—I found her at 18, Ramsay-street—she was lying on the bed in the front room down-stairs—I found her neck covered with blood, and part of her dress was sprinkled with it—I afterwards examined her neck and throat minutely—after removing the necklace which she had on the throat, I found three distinct incisions, quite parallel to one another—they penetrated the skin entirely, but it was merely skin-deep altogether—in some portions it was rather deeper than in the other, but nowhere was it at all below the skin—the skin was entirely divided, but none of the muscles or adjacent parts were injured—the cut was right across the throat—there was no injury beyond the skin being cut through, with the exception of the fright at the time, and the hysterical feeling, and a little fever that was produced afterwards.
COURT Q. Was it such a wound as might be made if you were to pinch up the skin and make a wound? A. No, it would then be decidedly deeper in one place than another—this was a wound of the same depth nearly, for the whole length.
MR. COCKLE. Q. The wound was the same depth? A. Nearly the same; the skin was entirely cut through in one part, and not quite through in another.
COURT. Q. Then it was not the same depth? A. It was not the same depth—the skin was entirely divided, but it was a little deeper in one portion than the other.
MR. COCKLE. Q. What was the length of the wound? A. About three inches—it was three distinct incisions, but it appears they were so parallel that they were all done with the same instrument at the same time—it was a clear cut wound, an incised wound.
COURT. Q. Are you acquainted with any sort of instrument that could produce three parallel wounds of that sort? A. I am not; that wag one reason why I could not give the Magistrate any answer about it, but it appeared to me beyond where the incisions were made there was a red mark both above and below, as if the instrument that had been used had been protected in some way, as I suggested, an instrument which
the weavers use in dividing their silk in making their velvet—they have a very sharp instrument, which is sometimes protected so that it cannot cut beyond a certain depth—I know that weavers have a cutting instrument that is protected so that it will only do a certain quantity of mischief; but it is not an instrument that will allow of three incisions in one place—it must have been used three times if that was the instrument that was used.
MR. COCKLE. Q. Did you notice the position of the necklace that you took off with reference to these wounds? A. I hardly know how to answer that question, because the wound being directly across the throat the necklace would hang directly across the throat too, and the necklace was as near as possible over the wound at the time I saw it—I believe that the necklace had protected the throat to a certain extent—it was a red coral necklace, with small beads.
Cross-examined. Q. Did you speak to her when you first saw her? A. She was not in a fit state to be spoken to, for she was insensible at the time I Saw her; she appeared to be so to me—I dressed the wounds—I have stated before that there was no danger from them.
Q. A person might of course inflict such a wound themselves? A. I think not, because the depth of the incision was on the right side, unless a person was left-handed, and then they might do so—that is not the only reason I can give; it is also from the appearance of the wound at the time, which it is almost impossible to describe.
Q. You said before that it was impossible for you to say how the wound was inflicted? A. With what instrument it was inflicted; most decidedly I cannot say that at all.
COURT. Q. You would have very little doubt, from the character of the wound, that it probably was not with a razor? A. It was not, nor with a sharp knife—the wound was not of that character—had it been with a razor the wound must have been a great deal deeper, and of a different appearance altogether; it was either with one of the instruments which weavers use, or with a three-pronged fork, which, if the edges had been very much sharpened, would have made a similar kind of thing—I am merely giving that as a suggestion, but I do not know any instrument that would account for the parellelness of the lines I saw—the three lanoets of a cupping instrument would have done it—that would be the kind of instrument that would do it—that is what I mean to describe—they were clean incisions, not jagged.
MR. PARRY to JANE PARNELL. Q. Do you work at a weaver's shop? A. I work up in a shop; there are no weavers in the shop, nor any in the house.
COURT; Q. You do not work in a weaver's shop? A. There are no weavers in the house; I work in a shop.
Q. Do you work in a weaver's shop? A. Not that I know of; I cannot say whether it is a weaver's or not.
MR. PARRY. Q. Are there any weavers' shops about there? A. There are no weavers that I am acquainted with—there are weavers about there; a great many.
Q. Stop a moment; are you a barge-driver, in the service of Mr. Tomlin, of 102, Limehouse-hole? A. No, I am not. On 2nd Dec. I was at work for a man that works for Mr. Tomlin—as far as I am
informed, Mr. Tomlin is a master-bargeman—I bad left work on 2nd Dec, about half-past five o'clock in the evening, and I went down to a turning at the corner of Abbey-street; there I waited till between six and seven, and I saw a male and female standing opposite a gateway, looking at a house opposite the gateway; and then I saw the female, the prosecutor, come out of the house, and go into the gate—as soon as they saw her come out they sheered on one side, and a few minutes afterwards the prosecutor came down the gateway, and went down the first turning on the right—before they got about six yards down they both made a run, and made a sudden stop at the corner of the turning—I saw the prisoners go down the turning, but I did not see any more of them till I saw them at their own door—I saw nothing of the affair at all—it was down Ramsay-street that I saw them follow the woman—I know the two persons, but not by name—it was that male and female (pointing to the prisoners).
COURT. Q. Had they masks on at the time? A. They did not have masks on them when I saw them—it was between six and seven o'clock.
Cross-examined. Q. I think you said before, did you not, that you were in the employ of Mr. Tomlin? A. I did not; I said I was working for a man that worked for Mr. Tomlin; that was what I said—I do not know whether Mr. Tomlin is here or not—I saw him here this morning—I do not know whether he is in Court at present.
Q. Were you not pressed over and over again as to whether you worked for Mr. Tomlin, and did not you swear you did? A. I swore I worked for a man that worked for Mr. Tomlin; that was what I stated before—I live in Ball-court, Playhouse-yard, No. 22—I was asked about that before—I do not swear there are twenty-two houses in the court, because I do not know how many houses there are in the court—I never looked at the number on the door—my landlord says it is No. 22—I do not know that two persons have been to Ball-court to inquire after me; yes, I heard it at the police-court—I never looked at the number on the door—I have heard it called No. 22 by my own parents—my parents live there—my step-father's name is Clark—my deposition was read over to me, and I was asked if it was correct—this is my mark.
Q. There you state distinctly that you were at work for Mr. Tomlin, of 102, Limehouse-hole, and that you had been at work the day before for him? A. I say I altered it when the clerk read it over to me, and the Magistrate told me he would not alter it; the Magistrate refused to alter it—when he asked me if that was right, I said there was one word was wrong—I am sure I forget what I said was wrong—I said I did not work for Mr. Tomlin, I worked for a man that worked for Mr. Tomlin—I had been asked whether I worked for him—I wished to correct it, and the Magistrate would not allow it—I do not know Mrs. Dearn or Mrs. Parnell; I swear that—I never knew anything of either of them.
(The prisoner's statements before the Magistrate were read as follows: "George Hopwood says, 'I was never outside the house all the day long.' Edith Hopwood says, 'I was not outside the house.'"
MR. PARRY. called the following witnesses for the Defence. FREDERICK FIELD. I work for Mr. Hopwood, and lodge in the same house. I remember the night upon which he and his wife were taken in charge by the policeman—I had been working with him the whole of that
day—be works in a shop at the back of his house, at 34, Ann's-place, Hackney-road—that is about a mile and a half from Ramsay-street—we were particularly busy that day—Mr. and Mrs. Hopwood were at work, Edward Hopwood and John Kneller—we were working till the police little after—I stayed my usual hour—I was up to my tea at four o'clock; that took me half an hour; and from that time till the policeman came I was at work—Mr. Hopwood had not gone out at all that day; he was working in his shop the whole of the time—Mrs. Hopwood went out at the same moment that I went up to my tea—I did not see her come back, but I know she was out only from six to eight minutes, for I remarked to my wife that she was soon back—when I came down from my tea they were both working with me in the shop from that time.
Cross-examined by MR. COCKLE. Q. What are the usual hours of working at Mr. Hopwood's shop? A. From seven to eight at night, and sometimes later if requisite—he is a backgammon-board maker—they were both in to my knowledge from four o'clock till the policeman came, between eight and nine—I did not see the policeman come in—I was called from the shop—we were at work at the time, and I saw the policeman not two minutes after I heard he had been in the house—this was the first night that week that we had worked as late as half-past eight, because it was Monday night—we had worked late nearly every night in the preceding week, sometimes up to ten and eleven—I did not know upon what business the policeman came till after he went away with the prisoner—I heard that same night what the charge was, and I went that same night to the station-house with my wife, Mrs. Hopwood, and the police—I was at the police-court next day, but was not called as a witness—I had been about six months in Mr. Hopwood's employ—I worked at piece-work—I did not lodge with them all that time—I worked in the shop—all the others did not work in the same way; they were in the habit of working up to the same time at night, SARAH FIELD. I am the wife of the last witness, and work for Mr. and Mrs. Hopwood—I remember the night when the policeman came to take them into custody—it was on Monday, 2nd Dec.—I had been at work for them that day in my own room, the front room, first-floor—Mr. Hopwood had never been outside the door all day long, on any occasion whatever—Mrs. Hopwood went out in the afternoon, and she was gone from five to eight minutes; that was about four o'clock—I was not working with them all the day, but they could not have gone out unless I had known it—the workshop lies a considerable distance back from the house—I must have heard them if they had gone along the passage, and if they had gone out they could not have come in again unless I let them in, because I answer the door—I always attend to the door—Mr. and Mrs. Hopwood have lived together on comfortable and affectionate terms for the last three or four months.
Cross-examined. Q. Then do you live altogether in this room you speak of? A. Yes; I work there—my husband works in the workshop, not in the room with me—I make the dice-boxes—I work by the piece—I get one shilling a gross—some weeks I earn four shillings, sometimes five shillings—I had earned five shillings the preceding week—I had been
in the work-room on this evening: I had not been working there, but I had occasion to call my husband to tea, and when I went in they were all at work; Mr. and Mrs. Hopwood, Mr. Hopwood's brother, and an errand lad. EDWARD HOPWOOD. I am the brother of George Hopwood, and work with him. On the day he was taken, Monday, 2nd Dec, I was at work with him all day—Frederick Field was working there, Kneller, myself, and Mr. and Mrs. Hopwood—we worked in the back shop—I will swear that my brother was not outside the door all that day, until the policeman came—Mrs. Hopwood went out about four o'clock for fire or ten minutes, and from that time till the policeman came we were all of us at work.
JOHN KNELLER . I am in the employ of Mr. Hopwood—I was at work on Monday, 2nd Dec.—I was not at work the whole day—I went up to the City, between two and three o'clock, and I was back between five and six—from that time till the policeman came I was at work in the shop—Mr. and Mrs. Hopwood were there all that time.
MARY ANN DORMER . My husband occupies the house, 18, Ramsay-street—Mrs. Dearn lodges in the parlour—I remember on Monday night, 2nd Dec, about half-past six o'clock, some one calling out my name from below—I went down-stairs—I found the street-door open, and the parlour door shut—I looked into the street—I did not see any one, and was going up-stairs—I heard Mrs. Dearn unlock the door—she asked me to come in—I hesitated, knowing there was a drunken woman there frequently—she said, "It is not the woman you think"—I went in and saw Mrs. Parnell lying on the floor, leaning her head against the bedstead—Mrs. Dearn said, "Some one has cut her throat, she knows who"—she appeared to be insensible—Mrs. Parnell said, "I struggled hard"—I looked at her throat, two men came in, and she fell under the table, and exclaimed, "George Hopwood! George Hopwood! I done you no harm"—when the policeman came she said she could swear to the woman, but not to the man—in the morning after that I saw Mrs. Dearn returning from the police-court—she was rather in liquor—there was another woman with her—Mrs. Dearn said, "I want Mrs. Parnell to understand what I have said up at the police-court so as her tale shall correspond with mine"—I am positive I heard her say that—Mrs. Parnell was introduced to me as her sister, but I have found out since that she is not her sister—Mrs. Parnell came and told me that Mrs. Dearn was her sister—there is a gas lamp on the side of the dead wall—I have tried from my door to distinguish the features of persons at the spot where this scuffle is alleged to have taken place: I am not able to distin-guish the features, I could not distinguish my own child—I have tolerable good sight—I am not at all short-sighted.
Cross-examined. Q. You know where this other woman lives who was in the room with you when Mrs. Dearn said this? A. No; I do not—I have not seen her since—I do not know anything about her—I went up-stairs, and told my husband of this that same night—I mentioned it last Friday night for the first time to Mr. Heritage.
MR. PARRY. Q. YOU mentioned it to your husband before? A. Yes that same night, and told him what a strange affair it was—Mr. Heritage took down my evidence in writing last Friday night.
HARRIET BRADLEY . I reside at 46, Hare-street, Bethnal-green. I was at Mrs. Callow's, in Abbey-street, on the evening of this occurrence—I remember Mrs. Dearn coming in between nine and ten o'clock—Mrs. Parnell
works there—Mrs. Dearn was talking to persons in the shop—I heard her say that she saw nor heard nothing at all of it, till such time as Jane Parnell came in, and said, "Take care, let me come in for George Hopwood has cut my throat"—she said, "It was a curious thing that I did not see or hear nothing of it"—I then turned and said to her, "What! you standing at the door and see nothing of it?" and she said, "No." MR. PARRY to SARAH DEARN. Q. Do you know Emma Callow? A. Yes; she was my mistress.
Q. Did you a short time ago go to her with this hand-bill (producing one), and say that you were going to stick it up at Mr. Hopwood's house; just look at it? A. I do not know it—I swear I do not know it at all—I never stuck up any paper at Mr. Hopwood's house.
COURT. Q. And you never said you were going to do anything of the kind? A. No. EMMA CALLOW. I recollect Mrs. Dearn coming to me not with a handbill in her band, but I saw her with widow's weeds on—I cannot exactly gay how long ago it was, but I recollect it was on a Saturday evening, about two months ago—she said nothing about a handbill—I asked what was the matter as she had got widow's weeds on—I heard no more about it till some time afterwards, when I heard she had been to Mrs. Hopwood's and stuck up a bill—she said nothing to me about her going to Hopwood's house—I do not of my own knowledge know she went.
WILLIAM HERITAGE . I am managing clerk to the solicitor for the defence. I have been to Ball-court, Playhouse-yard; there is no 22, in that court—there are only ten houses in it, some of them are numbered with chalk and some with paint, but I have been to every house, and the house that Hogan himself described that; he lived in was an empty house, and had been so some time—I had my witnesses for the defence present at the police-court—I tendered all the evidence to the Magistrate—he said he should commit the case whether or no, and therefore I declined calling them—the prisoners were admitted to bail by the Magistrate in two sureties of 15l. each, and they have surrendered here this morning.
Cross-examined. Q. What witnesses were there? A. The four witnesses who proved that the Hop woods were at home, and there were one or two more for other purposes, which I did not know exactly at the time—Mrs. Callow was there; I do not recollect Mrs. Bradley being there.
NOT GUILTY .
(The witnesses Jane Parnell, Sarah Dearn, and Henry Hogan were committed, to be indicted for perjury at the next Sessions.) Before Mr. Justice Talfourd.
MR. METCALFE conducted the Prosecution. JOHN CUDMORE. I am a labourer, and live at Holloway, over the stables of Mr. Shakespere, of Pleasant-row, in whose service I am; a lad named Thomas Brown, who was also in Mr. Shakespere's service, lodged with me. On Tuesday, 3rd Jan., I missed a pair of boots from under my bed; on the Friday after I went to the prisoner's house with a police—man, and there saw my boots—the prisoner gave a key to his little girl, and told her to go and fetch them from the cupboard.
Cross-examined by MR. ROBINSON. Q. I believe Mr. Shakespere is here to-day to give this man a character? A. I believe he is; I did not know him before.
COURT. Q. Did the policeman ask for any boots? A. Yes; he inquired for a pair of boots that a lad had sold to him within the last day or two—the prisoner hesitated a minute or two, and then gave the girl the key, and told her where to find them—the boy Brown was then in custody for stealing the boots.
HBNRY CHARLES DUNMALL (policeman N 419). I took Brown into custody last Friday evening for stealing the boots—I afterwards went to the prisoner's house and asked him if a lad had been there within the last day or two and sold him a pair of boots—he hesitated a few minutes, and then gave his little girl a key to go and fetch them from a cupboard—he said he gave the lad 3s. 2d. for them the night before—I had Brown in custody at the station—I did not take him to the prisoner's—he keeps a marine-store shop.
Cross-examined. Q. How long have you known him? A. About six months—I do not know how long he has lived there—I never heard anything against his character—he was not detained in custody—the inspector allowed him to go, on his promise to appear—he did appear, and he has surrendered this morning—Brown is not to be found anywhere.
(Thomas Brown was called upon his recognizance and did not appear.)
NOT GUILTY .
NEW COURT.—Friday, January 10th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KELLY. Mr. Ald. FINNISS; Mr. Ald. LAWRENCE; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
386. JOHN JONES , feloniously forging and uttering an order for the payment of 2l. 10s., with intent to defraud our Lady the Queen: also, forging and uttering an order for payment of 2l. 10s.: also, an order for 10l., with like intents: to all of which he pleaded
GUILTY . Aged 56.— Transported for Seven Years
387. MOSES MYERS , stealing 1 pawnbroker's duplicate, value 1s. 6d. 1 shilling, and 1 penny; the property of William Pardon, from the person of Dinah Pardon: having been before convicted: to which he pleaded
GUILTY . Aged 16.— Confined Eight Months, and Whipped.
Before a Jury, half Foreigners.
(The prisoner being a foreigner, had the evidence explained to him by an interpreter.)
ADAM GECK . I live at No. 3, Union-street, Whitechapel. I make slippers—the prisoner was in my service about three weeks, and left me about six weeks ago—on Monday morning, 30th Dec, I lost one piece of cashmere, about thirty yards long; six pairs of lasting slippers; and
some Blucher shoes, from a horse in my shop that I hang them on—this is the cashmere—(produced)—I know it by the cut—I had seen it on the afternoon before I missed it, about four o'clock—I was the last person up in my house that night—I locked up everything about half-past nine—I saw it again about eleven, but I did not prove the shutters, I did not see any difference—I went to bed—the shop-window was shut down but not bolted.
JAMES NEIL . I am a labourer. On the Monday after Christmat-day, I went to my work in Church-lane, Whitechapel, about five o'clock in the morning; Edward Carthy was with me—that is about a stone's-throw from the prosecutor's—I stood at the bottom of the gateway; I saw James Day pick up a bundle—it contained this cashmere, and six pairs of slippers—Day brought the things to me and Carthy to look at, and the prisoner ran round the corner as if he came from Whitechapel Church—he said to my mate, in broken English, "Dey be mine; dey be mine; give them me"—he pulled the slippers out of my mate's hand, and ran away—he left the cashmere with us—my mate delivered it to the officer.
CORNELIUS FOAT (police-sergeant, H 7). In consequence of information, I went to the prosecutor's house on the morning of 30th Dec.; I examined the shop-window—I found some person had made an entry by raising the sash and had got in that way—it had not been properly fastened—it is about four feet from the ground—I saw foot-marks on the wall, and on the sill of the window—I went in search of the prisoner, and took him about eight o'clock the same evening—be saw me coming, and ran away; I ran and took him—I told him I wanted him for robbing his late master—he asked what I meant—he can speak a little English, but not much—he said, "I know nothing about it"—I found on him a scarf and three shillings—I received this cashmere at the station.
EDWAKD CARTHY . On 30th Dec, about five o'clock in the morning, I and my mate Neil were going to work; Day kicked against a bundle, he picked it up, and it was some boots—the prisoner came as if from Whitechapel Church, and said, "They are mine; they are mine"—I said, "If they are yours, how came you to leave them there"—he said he left them while he went to get half a pint of coffee—I said to Day, "Don't give him the boots till I go and get a policeman"—I went, and while I was gone he took the boots and ran away.
Prisoner's Defence, I had not taken the things; I need not to steal; I had eating and drinking enough at my father's, and money; for wantonness nobody would steal; I do not believe but one of the witnesses stole the things, and disagreed about the plunder; in the afternoon I was in a public-house, and the landlady told me the police had been there inquiring for me; when the policeman saw me he said he would take me up; I said I would go to ray father's, and go with him to the station.
GUILTY of Larceny only. Aged 21.— Confined Twelve Months
Before Mr. Common Serjeant and the Fifth Jury.
JAMES CARPENTER . I am a carter, in the service of Mr. George Halsey, who lives at Watford—the prisoner was also in his employ. On 18th Dec. I gave the prisoner a sovereign, a half-sovereign, two half-crowns, one shilling, and six shillings—it was to get goods in London—the
prisoner was to pay 30s. to Mr. Allen, in Warwick-lane, and bring a parcel from there, and he was to get two more parcels with the 12s., one for Mr. Young, and one for Mr. Male, of Watford—I gave him the money in the King's Arm's-yard, Snow-hill—I waited for the goods till half-past eight o'clock in the evening—he did not come back—I did not see him again till he was in custody.
Prisoner. All that you gave me I paid; I have got the receipt.
Witness. You never came to me.
GEORGE HALSEY . I am a carrier, at Watford—Carpenter was in my employ, and so was the prisoner—I gave Carpenter 1l. 10s., and 7s., and two half-crowns, to give the prisoner, and I gave Carpenter directions what was to be done with it—the money was given to me by Mr. Young, a stationer, to send and bring back goods.
WILLIAM YOUNG . I am a bookseller and stationer, at Watford. I delivered 30s. to Mr. Halsey to go to Mr. Allen for some books—I gave him this order (produced) for some prayer-books and other things with the 30s.—I also sent an order with 6s. to Mr. Nelson. Prisoner. Q. Did you receive the parcels? A. No. HENRY JAMES SMART, I am warehouseman to Mr. Allen, of Paternoster-row—the prisoner came to the warehouse with this order—I asked him for the 30s.; he said he would pay it when he came back—he never came back.
Prisoner. Q. Has not Mr. Young received that parcel? A. No.
Prisoner's Defence. On 18th Dec. I met a friend about dinner-time; I had rather more to drink than usual, and when I received this parcel I did nut know what I was doing; my master took me so sharp I had not an opportunity of getting it; I had left it at some place, but going to so many places I had no notion where I left it, being rather the worse for liquor—ray master has trusted me with money many times; I never received all this money; being the worse for liquor they took advantage of me; I had not the 30s.; the money I received was 5s. 8d.
GUILTY . Aged 20.— Confined Six Months.
JACOB VERLANDER MURCUTT . I live in Jubilee-place, Mile-end. About half-past nine o'clock, last Saturday night, I was going along Whitechapel, High-street, towards Aldgate, Mr. Isaacs tapped me on the shoulder and spoke to me—I searched my pocket and missed my hardkerchief, which was safe about five minutes before—I went down Petticoat-lane, and saw the prisoner showing the handkerchief he had taken from my pocket to two other men—I went to him and said, "That is my handkerchief"—he said, "No, it is one I bought for a shilling"—he tried to strike me—I caught him by the collar and gave him to the officer, and my handkerchief—this is it—I know it by two small holes in it.
LEWIS ISAACS . I was going along Aldgate that evening—I saw the prisoner with his hand in the prosecutor's pocket—I saw him take something out, but I did not see what—he walked slowly down Petticoat-lane—I ran and spoke to the prosecutor, and he went with me down the lane—he was going after a little boy—I called him back, and said, "This is the man that took it"—the prisoner was showing the handkerchief to two other men.
GUILTY . Aged 21.— Confined Six Months.
JOHN LONG , Jun. Last Friday morning, my father sent me out with some mats—I went down Gray's-inn-lane, and met the prisoner—he asked me the price of the mats—I said 6d. each—he asked if. I had any half-pence about me—I said I had not—he asked me to come down Leather-lane, and he would buy some mats of me—he then said he would give me some halfpence to go for a pass-book for him—he gave me a piece of paper—he told me not to open it till I came back—he told me to leave the mats with him—he took them off my shoulder, and then I went to get the pass-book—I had not gone far before I opened the paper, and there was no writing on it—I went back, and the prisoner and the mats were gone—I went to the station—I saw the prisoner at the station the next day—I am sure he is the same man.
ELLEN MANSFIELD . I live in John's-row, St. Luke's. The prisoner came to me last Friday, and I bought this mat of him for 1 1/2 d.—he asked me 2d.—he said he would bring me two more mats on the Monday.
RICHARD HOBBS (policeman G 214). I was on duty between twelve and one o'clock on Friday—I saw the prisoner with a mat similar to this one on his arm—I went and took him at his father's house on Saturday—he said he knew nothing about it—I got these other two mats from persons who had bought them.
GUILTY . Aged 21.— Confined Twelve Months.
392. JAMES THOMAS NEWLAND , feloniously forging and uttering a receipt for 5l., with intent to defraud Wellington Williams: also, stealing and receiving 1 child's hood and cloak, value 23s.; and 1 box, 1s.; the goods of John Welch and others: to both of which he pleaded
393. JAMES THOMAS NEWLAND was again indicted with HENRY HART for stealing 744 collars and other goods, value 6l. 13s.; the goods of Wellington Williams, the master of Newland.—2nd COUNT, charging Hart with receiving.
NEWLAND pleaded GUILTY . Aged 17.
MR. BALLANTINE conducted the Prosecution.
of Mr. Wellington Williams, of Gutter-lane. I have been in his service four or five months—I am seventeen years of age—I know the prisoner Hart—I first became acquainted with him about two months ago—he was then in Gutter-lane, crying "Old clothes"—I sold him a jacket within about twenty yards of my master's house—I believe I got a shilling for it—he asked me where I worked—I said at Mr. Williams'—he asked me what he dealt in—I told him collars, shirt fronts, ladies habits, and children's dresses—he asked me whether I had any soiled collars to sell—I told him no—he then asked me if I could get anything—I told him I could get things, but I should not—he said, "If you do get any things I will buy them of you, and give you a better price than any one else"—we then separated, and I saw him again in a morning or two afterwards—he then asked me if I had anything I could sell him—I told him no—he asked me if I could get anything—I told him no, I could not—I saw him again in two or three mornings afterwards—he then asked whether I had got anything for him—I said not—after I had seen him six or eight times, I agreed to let him have something, and there was an arrangement made between us—I was to come down to White's Ground, under the archway—I told him I did not know where it was—he said, "Then meet me in Artillery-lane"—I did not go—I saw him a morning or two after that, in Gutter-lane—he asked me why I did not come down—I do not remember what answer I made—I went down to White's-row, last Monday week—that was the first time—I had not seen him anywhere before that, except in Gutter-lane—on Monday week, I took the articles stated, to the archway, in White's Ground—I had taken them from my employer four or five days previous, I believe on the Thursday, and deposited them at a tobacconist's in St. Martin's-le-Grand—on Monday week I took them away from there—I took an omnibus at the corner of Cheapside, and went with the goods to Bishopsgate-street—they were shirt fronts, collars, and habits—I do not know the value of them—they were in a bag—I had cut the top off the bag at the tobacconist's because it was too large, and also because there was a mark on it—when I got down from the omnibus I went to the arch—that is the archway leading to the Wellington—I went to meet Hart—I had made an appointment with him that same morning to meet him there at three o'clock—he told me to meet him at the archway in Widegate-street, and said he would be there—I went and he was not there—I crossed the road, and went into a public-house at the corner of Crispin-street—I do not know the sign of it—I went in to have a glass of beer—I was not in there a minute—I came out and went across to the archway—I did not find anybody in the archway—I looked down the street, and saw Hart and another man—Hart did not come up to the archway, but he beckoned to me—he was standing at a doorway in Tenter-street—I went down directly—he saw me coming, and he went away—I followed him to a public-house at the bottom of the street: I do not know the sign—we both went into the parlour—the other man was also in the parlour—I had seen him before with Hart—Hart said something to him, and he went outside—Hart then asked me what I had got—I had my bag with me—I told him some collars, shirt fronts, and habits—he asked how many I had—I told him I did not know—he took some of them out, looked at them, and asked what I wanted for them—at that time I heard a whistle come from the door (the other man was standing at the door)—
Hart then threw the things in a corner—I think he had not then offered me any price for them—he went out, saying he should be back in five minutes—I stopped in the parlour—he came back, and went down the passage into a court-yard on the left hand—he then came into the parlour, and asked what I wanted for the things—I asked what he would give for them—he said he would give me 1l. for them (I did not know the value of them—I never saw the prices of them)—I said no, I would not take that—he asked me how much I would take for them—I said 25s.—he said he could not give that—I said he could not have them for less, I should take them back—he then agreed to take them at that price—he said he should not pay me unless I promised to bring down some more things—he said what I had brought was of no use—he put his band into his pocket, and showed me from 15l. to 20l.—he said, "If you bring me down 20l. worth I can buy them"—it ended by his giving me 23s., and he gave me a duplicate to hold as a security for the two shillings—I asked him why he did not change one of the sovereigns and give it me—he said it would look too suspicious—I then left him—I was taken into custody on Tuesday morning—I gave Webb a description of him on Wednesday morning, about half-past eight o'clock—I was accustomed to see him from a quarter-past eight to half-past eight—I told that to Webb, and he took him—when I was at the public-house I saw the servant Ellen Conway—she saw me and Hart at the public-house.
Cross-examined by MR. PARRY. Q. YOU have seen that woman at the police-court? A. Yes, once; she was examined as a witness—I had an opportunity of seeing her there—the first transaction I had with Hart was about two months ago—I believe it was the beginning of Nov.—that was the sale of a jacket—that was a regular, honest transaction—it was not my own jacket; it was given me by a young man in Mr. Williams's employ, named Sturgeon—it was an old one he had left off; he said I might make any use of it—I am seventeen years old: I shall be eighteen on 15th Feb.—I told Webb that I had taken one of the shillings I received of Hart to a public-house in Leman-street, and changed it, and it was found to be spurious; but that was false—I had no purpose for saying so—I said I had changed a sovereign in Knightsbridge; that was true—Webb took me there—I said to the tradesman, "You know I gave you a sovereign, and you took it into that little room and weighed it"—he said he bad no seales there—I did not on that occasion go into two shops, only into one—I did not steal anything from Welch and Co. at any time—I pledged a hood and cloak in Dec.—I did not steal that; Hart gave it me on the Thursday in the week before Christmas—he did not give it me to pledge, hut to take care of for him—I pawned it for 5s.—I did not keep the duplicate—that was the duplicate Hart gave me for the 2s.—I had seen Hart a great many times in Gutter-lane, and always at nearly the same hoar—I may have seen him before I sold the jacket—I know that there is a charge of forgery against me; that is true—I am charged with stealing this very hood and cloak—I have pleaded guilty this day in the dock to receiving it—the prisoner gave it me to keep—he told me when he gave it me that it was stolen, and it came from Welch's—I said in my evidence that he said it came from Welch's—I was in the habit of going to Welch's—they have charged me with stealing that hood and cloak—my master has charged me with making false entries in the books; that is true—I have not been
carrying that on the whole time I have been there—I cannot say the date on which I received the money which I am charged with forging the receipt for—my master has not accused me of falsely accusing my fellow-clerks with what I have done wrong—he has charged me with it—I do not believe I have charged my fellow-servants with offences which I have done, and on more than one occasion—I will not swear that I have not—I might not charge a man falsely and forget it—my master has not charged me with being a confirmed liar—be has sworn he would not believe me on my oath, and he gave as a reason, that he detected me in charging my fellow-servants with offences which I had commited—I heard him say that—that was the first I ever heard of it—I believe I did not state to my master and to Webb that I pledged this hood and cloak on the very day that Hart gave it me—I will not swear that I did not—the first things I took to Hart was on Monday week.
MR. BALLANTINE. Q. When you pawned the hood and cloak, who was with you? A. Hart; I pawned them in Redcross-street—Hart stopped outside the shop—I asked 10s. or 12s. for them—they offered me 5s.—I came out, and asked Hart whether I should take the 5s.—he told me I must take what I could get—I went back, and got 5s.
JAMES SWAINE . I am in the service of Mr. Reeves, a pawnbroker, in Redcross-street. On 26th Dec. Newland brought a hood and a cloak—I think he asked 10s. for it—I offered him 5s.—he took it outside the door, brought it back, and took the 5s.—I did not see whether he spoke to any one outside—I thought I heard him talk to somebody.
ELLEN CONWAY . I am servant to Mr. Garton; he keeps a public-house; I did not know the name of it, but since I came into Court I heard it was the Duke of Wellington—I had been there one month—I was general servant—there was no other woman-servant kept—I do not know the prisoner Hart—I never saw him to my knowledge till I saw him in prison—I do not know Newland; I never saw him—I do not recollect whether I was at the public-house on Monday, 30th Dec—I am there every Monday, I do not recollect any particular one.
Q. Were you there between three and four o'clock that day? A. I was; a man came with a bag—I could not say what time it was—it was nearly dark—I did not know what was in the bag, I suspected it might be rats—the person who brought it was by himself—he went into the parlour—there was nobody in the parlour—a man came in after him to the parlour—I do not know who it was brought the bag—I have no belief one way or the other as to whether it was New-land—I do not know how long the man remained in the parlour; not very long—I did not find afterwards that it was not rats in the bag—my master has thousands of rats to be hunted—there was no rat-hunt that evening—I could not judge whether the man who. brought the bag was a young man or an old man; whether he was seventeen or seventy—I could not give you any idea—I do not know whether the door was shut when he went in with the bag—rats are generally taken in the parlour and served out in the parlour—I could not tell you how long the man remained in the parlour—he had a pint of beer in the parlour—I gave it him and went away—the other man was not in when I gave him the beer—the other man walked in afterwards—the policeman Webb came to me about this—I did not tell him who the man was that came in.
Q. Look at Webb, did you tell him the name of the second man? A. I do not know what you are saying to me, Sir.
Q. Did you tell Webb the name of the man who went into the parlour after the person with the bag? A. He asked me; I did not know the man from Adam.
Q. Did you tell Webb the name of the man Hart? A. Yes; I mentioned the name "Hart"—I said it might be him, but I did not know the man.
Cross-examined. Q. You say you do not now recognise the man? A. I do not, they make such a fool of me; I do not know what I said—the policeman and another man came—they asked me a great many questions—they asked if I knew the man, and I said I did not—they asked if I suspected any one—I said I did not know, it might be a man of the name of Hart—there is a grocer's shop next door to my master's; I am servant there as well as at the public-house—I saw one man go into the parlour and another man go in afterwards—I was washing up towels after dinner—I was down in the place where I work—I never go into the bar—there was no one at the bar—my mistress was in the parlour—I said, "There is a man wants a pint of beer"—she gave it me, and I took it in—my mistress did not see the man.
JAMES GARTON . I keep the Wellington public-house—I know Tenter-street, it partly leads from White-row to my public-house—there is an archway at the end of Tenter-street, which leads to Butler street—my house is in Butler-street, on the right—Conway is my servant, and has been about a month—I have known Hart nearly five years—he has been in the habit of coming to my house—for the month before he was taken he was in the habit of coming perhaps two or three times a week, mostly in the evening, perhaps six or seven o'clock—I remember Monday the 50th Dec.—I swear I did not see him there that day—I have quantities of rats come to my house in bags—most likely a bag of rats came there that day—we have them almost every day, they are brought from the country in bags—I have had as many as twenty dozen brought—I cannot say whether any person brought a bag of rats on 30th Dec.—persons not only bring rats, but I can prove we sell rats, and persons bring bags to put them in—I have been there twenty years.
Cross-examined. Q. Are these rats for sport? A. Yes, they are sold to gentlemen of rank and distinction—we have gentlemen's servants come for them—we very rarely have a stock of less than a thousand—Hart has come to my house in an evening—he generally uses the tap-room—be smokes and drinks his glass like any other customer—he has nothing to do with rats—I should say Con way has not much opportunity of knowing my customers—she does not serve in the parlour or tap-room—I never knew her to take a pint of beer in my life—I have a shop next door that I have lately fitted up for my daughter—Con way is generally there of an evening—she goes there at five or six o'clock, after she has done her work.
HENRY WEBB (City-policeman, 258). On Saturday; 28th Dec., I received information which led me to a tobacconist's, in St. Martin's-le-Grand—I there found a bag containing collars, fronts, and other things—I looked at them and took some out—I have shown them to the prosecutor, and I marked them all—there were 62 dozen of these collars, two dozen of gentlemen's shirt-fronts, and some ladies' habits—I learned when the
person who left them was coming for them, and I and Wardle were on the watch. On Monday, 30th Dec, I was in the back-parlour—I saw New-land come to the shop, and the shopman gave him the bag—he asked for a knife, and cut apiece off—he then asked for a piece of string to tie the bag, and he had it—I saw the piece of bag that he cut off—it had W. W. and the name "Griffith, 32, Gutter-lane," on it—Newland tied the bag, and went with it to the corner of St. Paul's churchyard—he took a bus, and Wardle and I took a cab and followed it—Newland got down opposite Widegate-street, in Bishopsgate-street—he went along Widegate-street, across Petticoat-line, and along Artillery-passage to Crispin-street and White's-row—there is an archway leading to Tenter-street, and Butler-street is thirty yards from the arch on the left-hand side—the Wellington is about 100 yards from the arch—Newland went into White's-row and stood in the archway—this was about five minutes before three o'clock—he had the bag in his hand—he remained standing still in the archway about two minutes—he returned back to White's-row and went into the Paul's Head at the corner—I followed him—I had to pass the archway before I got to the public-house—as I passed the archway Hooked down, and saw Hart standing with another man near the corner of Butler-street—I then passed the public-house and went round the corner—I returned back in about two minutes; New land was not then in the public-house—I then went to the" archway, but could not see Hart—that was about ten minutes after I first saw him—I had not till then known the Wellington—the archway leads to it—I took Newland on Tuesday morning—he afterwards gave me a description of a man—I went to Gutter-lane on Wednesday morning—I saw Hart calling old clothes, and I took him—I told him it was for receiving stolen property—he said he knew nothing about it, and he was an honest man—there was nothing in the bag which he was carrying—he, had one halfpenny in his pocket, a cigar-case, a tobacco-box, and a pencil-case—he lives in Freeman-street, leading to Tenter-street, about 500 yards-from the, arch way-from information from Newland I went, to the Wellington—I saw Con way there—I received information from her, and brought her up as a witness.
Cross-examined. Q. Did you go to Knightsbridge with. Newland? A. Yes, and the man said it was false about the scales and the sovereigns—I have made inquiries respecting Hart—I have found nothing against him.
MR. BALLANTINE. Q. What is he? A. A dealer in old clothes—he goes in a morning round the City;. I suppose he goes to buy clothes—I do not know, whether he, pays for them—I searched his place?—I found nothing but old clothes and some duplicates, which do not at all relate to this—they were in his own name, and relate principally to trifling articles of clothing.
JAMES SANDERS . I am a porter, at 35, Gutter-lane. I know Hart—I have seen him about half-past eight o'clock in a morning—I know Newland—I saw him and Hart about a month before I went to Guildhall—they were talking together at Mr. Williams's door before the
ware house was open—Newland told me he was going to sell Hart an old coat.
Cross-examined. Q. I believe you said yes would not believe him on his oath? A. Yes he has continually made accusations against his fellow-servants, and I have found them to be false.
Hart received a good character.
NOT GUILTY .
NEWLAND was recommended to mercy by the Jury. Aged 17.— Confined Twelve Months.
THIRD COURT.—Friday, January 10th, 1851.
PRESENT—Mr. Ald. KELLY Mr. RECORDER; Mr. Ald. FINNIS; Mr. Ald. LAWRENCE; and RUSSELL GURNNEY, Esq.
Before Mr. Recorder, and the seventh Jury.
MR. RIBTON conducted the prosecution.
JOHN AYRE (policeman, T 2). I know the prisoner—he lives at 2, Plantation-place, Hammersmith—on 26th Dec. I went to his place to take him, on suspicion of another robbery—his mother opened the door, and denied his being at home—I obtained an entrance, and found the prisoner there—I searched the room he was sitting in, the down-stairs back room, and found a chisel—I asked him to show me to his room—he took me up-stairs to his mother's room—I saw female wearing-apparel in the room and said, "This is not your room; it is your mother's room—he said, No; I sleep at the back; I sleep here;" and took me into the back room, saying, "I thought you wanted to came in here first"—I searched his room, and found this hearth-rug under the bed, rolled up—the prisoner's mother was there, and said, in his hearing, before I said anything, "That is my rug; don't take that away"—I asked where she got it from—she said she bought it of a man at the door—I said, "How long ago?"—she said, "About three months"—I said, "What did you give for it?"—she said, "About 5s. or 5s."—immediately afterwards she said she give 6s. 6d. for it—Sergeant Low, who was with me, said, You did not give 6s. 6d.;" and then the prisoner said, "No, mother; it was 5s. 6d."—Sergeant Low said, "Were you present when it was purchased?"—he said, "Yes"—I took the rug away with me.
Cross-examined by MR. ROBINSON. Q. You have paraded before us another charge about a chisel; was not the prisoner acquitted upon that? A. Yes—I have been seven years in the police, and have repeatedly heard that I have no right to make allusion to other charges—I did not state all this to the Magistrate—this is my signature to these depositions—(the deposition being read, merely stated, "I apprehended the prisoner on another charge; I searched his bedroom, and found the hearth-rug produced")—she did not tell me the name of the man she bought it of: I swear that—
I have heard that his name is Rochford, but not from the prisoner or his mother—I know that there is such a person.
MR. RIBTON. Q. Was it on Christmas-day you were before the Magistrate? A. The day after; that was a totally different charge to this—I was not asked the particulars of these conversations—the prisoner is a sawyer, and lives with his father, who is a sawyer—I saw no one but his father, and mother, and him, in the house.
THOMAS AYRES . I am a pawnbroker, of King-street, Hammersmith. This rug is my property, I am quite certain—I can swear positively that it was in my possession on 3rd Dec.—I missed it on the morning of the 4th, and gave information to a constable immediately—the prisoner has been a customer occasionally at my shop—I swear this rug has not been sold—it is worth 1l.
Cross-examined. Q. How many persons have you in your service? A. Three; they are occasionally in the habit of selling things for me—I have had this rug three or four months at least—here are the same marks on it as were on mine, but my private mark has been taken off—this mark on the back, "14," was on my rug—I believe it means the size—it is the wholesale-house mark—here is also a "2;" that probably is the quality, and is the manufacturer's mark—the "14" is apparently made with a pen, and the "2" with a stamp—this is the "14" I mean (pointing to it)—it is not "T. A.," for Thomas Ayres.
THOMAS AYRES (continued). This mark was shown to me at the police-court—my private mark was on a piece of paper—here is the mark where the string went through—I also know it by having it in my possession three or four months—I entered it as lost on the 4th—my book is not here—I am sometimes away from business—it would be the duty of a person selling it in my absence, to tell me, and I should have missed it if it had been sold—I am sure it was not sold—I was in the business all day on the 3rd—the string by which it hung up, was to it at the police-court—it is gone now—I do not know a man named Rochford, of Hammersmith
MR. RIBTON. Q. There are no other marks on it? A. No; looking at it generally I am able to swear positively it is mine, it is a very peculiar pattern, and is faded by being hung outside so long—I swear it was hanging on the cornice above the window on the morning of 3rd Dec.—there were other rugs hung out, but not of this description—I missed it and informed the police, independent of my book.
COURT. Q. Who do you employ? A. One young man and two lads—the young man is at liberty to sell without my knowledge, but he only sells in my absence—he took the things in that night—he gave me no information of it being missing till the next morning at breakfast—his name is Henry Forster—he is not here—I purchased it of Dowling, of Shoreditch, with others, but only one of this description—it continually passed through my hands for two or three months—sometimes I hung it out myself, and I have several times shown it to customers—I know a pawnbroker named Rochford, but not in Hammersmith—I never sold him any rugs—I do not know that I had noticed a mark on this rug which I could not make out, but I swear I saw similar marks to these on the rug I had on 3rd Dec.
MART LEE . The prisoner is my son—I purchased a. rug of a man at the door, to the best of my recollection, about four or five weeks before Christmas, but I have been very ill—I am a fifty-five years old, and am paralysed—the back-part of this rug appears like it, but I thought it was a different pattern, but the rug the policeman took away was it—I did not know the man's name when the policeman came, my husband has found it out since—the man asked me 6s. for it, and I gave him, 5s—I was extremely ill on the day the policeman came, and denied my husband and son being at home, as I was not able to do anything for myself, and did not want them to be taken away, as there would be nobody to cook my dinner for me.
Cross-examined by MR. RIBTON. Q. Did you ever see the man before? A. No, nor since, till this morning—I did not ask whether he was a dealer in such articles; his appearance was such—he bad no other, articles in my passage, but he might have outside—it was between eleven and twelve o'clock in the morning—I would not have given 15s. for it—I gave the 5s. without examining it closely—I did not want it, it was such a gaudy looking thing—the rent of our house is 16l. a year, there are four rooms and a washhouse—I purchased the rug for the little front-parlour—I had a rug there but it was getting very bare—the parlour was in a damp state and I told my son, who was in the kitchen washing his hands, to take it up-stairs into the dry-room till it was wanted—the other rooms had not had a fire in them some time and were very damp—it remained rolled up in the well of the sofa bedstead in which my son slept, to keep it dry—I did not know what the policeman wanted my husband and son for—I thought some words might have arisen among the workmen at the pay-table. when they were paid their wages—after he told me it was on suspicion of burglary I said "Come in and search the house all over in every part, for I am sure I have, got nothing that does not belong to me"—I did not tell him that my son had not been at home all night—the rug remained in the well of the bedstead, night and day for three, four, or five weeks—I considered that the best place to keep it from the dust and, damp—I once dragged it a little way from the wall, as far as the state of my hands enabled me; it rained so hard that I thought it would penetrate—the bed is against a damp wall—the house is very damp altogether—I never took it out to give it an airing, not even to look at it.
MR. ROBINSON. Q. How long have you lived in the house? A. Twelve years; I never bought such a rug before—I did not fully examine it on account of, my hands; if I had not thought it cheap I should not have purchased it—I do not always, have a fire in the front parlour; that is the reason it is so damp—this rug would be used more in summer than in winter—this was on Christmas-eve—the moment I knew the charge was dishonesty I told the policeman he might come in and search—I told him to open my cupboards, and gave him liberty to search every part.
COURT. Q. In what part of the house did you buy the rug? A. At the street-door, inside the passage—the kitchen opens into the passage—my son was in the kitchen; I cannot say whether he was. near, enough to hear what passed; he might be;, he had been in for some time, but did not wash his hands when first he came in—lam sure the man with the rug did not come to the door at the same time as my son—my son had
been working at the Great Exhibition the week before—he was not at work at this time, but was expecting to go back soon—when I spoke about disputes about pay, I meant I was referring to where my husband works at Hounslow; he was at work at that time.
(Rochford being called, did not appear.)
JAMES LEE . I am the prisoner's father. At the time he was apprehended, I knew nothing of the name of the person of whom the rug was bought—I have since made inquiries, in consequence of which I served this subpoena (produced) last night upon a person named Rochford, in the tap-room of the British Queen—I saw him here when I first came this morning, at half-past nine o'clock—I cannot say whether he has heard any of the observations you addressed to the Jury.
Cross-examined. Q. Did you speak to him this morning? A. Yes, I asked him how long he had been here, and be said, "Twenty minutes;" that was all I said to him—I saw him last Tuesday night, I think, at my solicitor's, Mr. Jones, at Hammersmith—I never knew him before that—I had been told his name, I cannot tell who by; and that he lived next door to Mr; Brazier, the sweep—I went there from Mr. Jones's on Tuesday night, and inquired for him—I had never heard his name before; but Mr. Jones told me to go, and I went, and took him back with me—he told me that he was a bird-catcher.
MR. ROBINSON. Q. Was the subpoena served in consequence of anything that took place at Mr. Jones's that night? A. No; but since then it was thought necessary to serve one on him, which was done last night.
COURT. Q. What time was it last Tuesday when you Went to Mr. Jones's? A. I think it was about nine o'clock in the evening, as near as I can remember—I had to wait half an hour to see Mr. Jones, and then went to Rochford's—I knew his name then; Mr. Jones told it me—I swear that—I had not mentioned his name to Mr. Jones, and did not know him—I fetched him to Mr. Jones's that Same evening—Mr. Jones asked him a few questions, and he answered them—I did not notice whether Mr. Jones took down his answers—he was at Mr. Jones's half an hour—I do not know how I came to lose sight of Rochford this mornings—I did not think I ought to keep him with me—I did not hear, from my son, of the rug being purchased; nor from my wife—the first time I saw it was the day it was taken out of the house. MR. RIBTON called
JOHN AYRE (policeman, T 2). When I went to the prisoner's house, Mrs. Lee was asked by sergeant Low, in my presence, whether Mr. Lee lived there; she said, "Yes;" the sergeant said, "Is he at home?" she said, "No;" I said; "Is your son at home?" she said, "No;" I said, "Does he live here?" she said, "Yes;" I asked her when he was at home; she hesitated, and said, "Not all last night" I asked her when she expected him home; she said she did not know, for he was gone to dine with a friend at Sandsend, she thought—I suspected he was at home, walked through the passage, and found him sitting in the back down-stairs room—I had not told her he was charged with burglary before I went in; nor did she say to me, "Pray walk in;" the rug was not where she states; there is a well to the bed, but it was not in the well; it was lying on the floor, quite close to the wall, under
the bed—it could not be seep till the bedstead was removed—the well did not reach to the ground—the rug was. between the well and the wall, outside—sergeant Low is not here.
Cross-examined. Q. You bad to lift the mattresses, up, and put them on the floor? A. Yes; the bed was not made—the did not appear to have been moved for some, time, nor the under-mattresses; they laid so very hard; and there were cobwebs at the of the bedstead, and dust at the end of the mattresses—I should say, from the cobwebs, that the bed had not been moved for mouths—I was, obliged to move it before I could get to the, rug, but it might have been put; in neath, and pushed up at the back of? the bed—if I had gone on my knees, and looked between the bed and the wall, I might have seen it.
JOHN SOOTNEY (police-sergeant, T 21) I was at the at Hammersmith, when a charge was made against the prisoner—as I took him down to the cell, he said, "Sergeant Scotney you ought go and take young Rochford in custody;" I said, "Indeed;" he said, "Yes, I bought the hearthrug of him, and I am charged with stealing it. I don't see why I should suffer for other people; if you will take him into custody you will very much oblige me."
MR. ROBINSON. Q. Have you been, in the Court during the whole time? A. No, I have been in twenty minutes or half an hour—I came in when the prisoner's mother came in, when you were addressing the Jury.
GUILTY . ** Aged 29.— Transported for Seven Years.
Before Russell Gurney, Esq., and the third Jury.
MR. RIBTON conducted the prosecution.
MARY HAWKINS . I am single, and am an inmate of Shoreditch work-house, and so was the prisoner. I was with her in the women's-hall on 20th Dec., about two o'clock; we had a dispute about an apple—she called me a liar, and I called her a liar—she said, "If you say that again I will stick the b—y knife into you; I said, "You had better do it then—she was about eight yards form me, and she took a knife off the table and threw it at me, the point of it stuck into the top of my head; it was pulled out, and the nurse strapped it up; it bled very much—we had been friends before this.
HANNAH HILL . I am nurse in shoreditch workhouse. I heard a dispute about whether Hawkins had had bad one or two apples they called each other a liar—the prisoner said, "If you say that again I will stick the b—y knife into you"—she threw it, and it stuck into Hawkins's head; I took it out; it bled very much—it was very deep; I bound it up.
BENJAMIN EMSLEY . I am superintendent of shoreditch workhouse. "Now, Bates, you are in my custody, I hope you will behave yourself, and let her walk by my side"—she went up to Hawkins, and said, "You b—y b—ch, I will not give you a chance of giving me in charge again for I will kill you"—I had to force her away—I produce her cap;
being doubled, the knife has gone through in three places—I produce the knife—(The 'prisoner's statement before the Magistrate was read at follows: "She aggravated me to do it.")
GUILTY** of Assault. Aged 17.— Confined Nine Months.
JULIA SHEA . I am the wife of Thomas Shea, of Samuel-street, St. George's-in-the-East. I know the prisoner—his employer lived in William-street, and he had had our trucks several times for him—on 6th Dec., at twenty-five minutes past five o'clock, I let him my truck on hire—I did not see it again till last Wednesday—Bates gave it up to me.
SAMUEL BATES . I am a corn-chandler, living in Hounsditch. On 7th Dec. the prisoner called on me and asked if I was a purchaser of trucks, as he had one to sell for a person in difficulties, who had brokers in the house—I told him if he brought it, I would look at it—he brought it; I asked him to bring the owner—he went back and brought a letter stating it to be from the owner, authorising him to receive the money—I bought it, and afterwards gave it up to Mrs. Shea.
HENRY JACKSON (policeman, H 11). I took the prisoner last Tuesday, I told him what for, and he made no answer—at the station I asked him where he sold the truck, he said "If you want to know you must find out."
MR. CAARTEEN conducted the Prosecution.
JAMES BOOTH . I am coachman to Mrs. Ann Sherratt, who is a widow, and resides at 24, Soho-square. She occupies the whole house—there is no family, and only one female servant beside me—there are three drawing-rooms, and I have been ordered by the medical man to sleep in the middle one—on the night of 3rd Jan., when I went to bed, the front drawing-room windows were closed; there are three windows, and they open down to the ground—about two in the morning I heard a noise, sat up in bed and listened; I had a lamp burning, and I heard three steps on the landing at the top of the stairs—there is a door from that landing, leading into the front drawing-room, and one into the room I was sleeping in—that one was closed when I went to bed, but there is another door leading into the front drawing-room, which was not closed—after I heard the footsteps my door was opened, and the prisoner came in—I jumped at him directly, and seized him—he knocked the lantern out of my hand, and rushed away from me, ran across the landing through the door opposite the stairs into the front drawing-room—we had a scuffle in the middle drawing-room, and he tore my shirt—he shot right across the drawing-room to one of the windows—I cannot tell whether he opened it, or whether it was open, because it was dark—he got out on the portico, where I seized him, and prevented him dropping down—I was calling, "Police, police! thieves, thieves!"—he succeeded at last in dropping down from the portico, and I heard some one say, "I have got him"—there was a quantity of plate in the middle drawing-room—I did not miss anything—the house is in the parish of St. Ann, Westminster.
THOMAS WEST (policeman, C 58). About two o'clock, on the morning of the 4th, I was on duty in Soho-square, heard a cry of "Police" and went to the front of No. 24—when I got there the drawing-room window was shut—I saw the prisoner open it, and get out on the portico, and Booth after him—I saw Booth take hold of his collar, and in the scuffle he broke away from him, made his escape over the portico, and fell on the pavement—I was four yards off—I let him get on his legs, and then took him into custody—he had not run any distance—I have no doubt he is the man—I took hold of him—he said he was very faint, and begged me to let him sit down—I said I should do no such thing—I kept him in my arms five minutes, till he seemed almost dead, and I then let him sit down on the step of a door, and he appeared to go off as if he was quite dead, quite feeble, as if he had no strength belonging to him, and in about a minute and a half he jumped up, made a rash, and attempted to run away—I ran after him about 400 yards, and did not lose sight of him till he was stopped by another constable—I had had him nearly ten minutes before he ran away—I had observed him sufficiently to make me swear to his identity—I have no doubt the prisoner is the man—I afterwards searched him, and found some lucifers and a knife on him.
Cross-examined by MR. PAYNE. Q. Where was he stopped? A. At the corner of High-street, and Crown-street, and New Oxford-street; they all meet together, and Meux's brewery is at the corner—he got out of Soho-square, along Sutton-street—Mrs. Sherratt's house is between Greek-street and Sutton-street, on the left side of the square, at the bottom.
COURT. Q. How much was he ahead of you? A. Ten yards; I did not lose sight of him a minute at any of the turnings—there was no one else about—there are lights, and there is a light right opposite Mrs. Sherratt's portico—I have no doubt he is the man.
GUILTY . ** Aged 24.— Transported for Seven Years.
398. JAMES CORNISH, JAMES WELCH, JANE WELCH , and ELIZABETH LOVELL , burglariously breaking and entering the dwelling-house of John Pitman, and stealing 1 cream-jug, 1 toast-rack, 24 forks, 24 knives, 18 spoons, and other articles, value 14l. 6s.; his goods: and 1 coat, and 1 case of mathematical instruments, 2l. 13s.; the goods of Ebenezer Pitman; to which
CORNISH pleaded GUILTY . Aged 23.— Transported for Ten Years.
MR. PLATT conducted the Prosecution.
LYDIA OLDHAK . I am in the service of Mr. John Pitman, of 9, Grove-place, in the parish of St. John, Hackney. On the night of 14th Dec. the family went to bed at a quarter-past ten o'clock—before that I had seen that the house was secure—I came down next morning about half-past six, and found both the dining-room doors open, and the kitchen door also, and fastened back with a weight—I found the back kitchen window-bar down, and taken away—that window was shut the night before, and the bar up—I found some desks and boxes about the house, open, which were not so the night before—I found the front kitchen cupboard doors open, the drawers half open, and a tea-caddy open—I missed some knives and forks, a toast-rack, a silver milk-jug, n silver butter-knife, and four coats, from the hall, worth between 20l. and 30l.—the coats (produced) are my master's.
Cross-examined by MR. PAYNE. Q. How many persons live in the house? A. Ten; when I went to bed I left Mr. Ebenezer Pitman, who is here, and two young ladies up—it was half-past six o'clock exactly when I came down—there is a clock in the hall.
THOMAS KELLY (policeman, H 2). On Sunday, 15th Dec, in consequence of information, I went to No. 1, George-court, George-street, Spitalfields, with Green and Barnes—the door was open, and the prisoner Lovell admitted us into a room on the top-floor, and we found Cornish there in bed—I told him, in Lovell's presence, I suspected he had got stolen property, and that we were police—he said he had none—Lovell asked me to allow her to go out of the room as she was in her night-dress—I allowed her, followed her, and she made her escape—I came back to the room, and found this toast-rack broken up, and this silk twist (produced)—in consequence of something I heard there I afterwards went with Barnes to a court in Harriet-street—Barnes knocked at the shutter, and I heard a person inside say, "Who is there?"—I believe it was James Welch's voice—Barnes said, "It is me; Cornish is in custody," or "nailed, you must be up and be off"—some one, I believe Welch, then said, "Wait a moment till the door is open"—the door was then opened by Jane Welch, and I went in and found James Welch in bed on the floor—I told him, in the woman's presence, we were police-constables, and he must consider himself in custody, and I had come to search for property—he said, "What property?"—I said, "White-handled knives and forks"—he said, "I have got none"—Jane Welch asked me to allow her to dress herself as she was in her night-dress—I followed her into the passage leaving Barnes with James Welch, and when I came back Barnes produced some knives and forks, a life-preserver, and a great many things—I then took them both to the station, and on the way James Welch said he had bought the knives and forks that morning in Petticoat-lane, and as to the silver spoon he hoped he might be transported for life for he knew nothing of it—he said, "It is a regular sell"—the prisoner Lovell is the woman I found at Cornish's house.
Cross-examined. Q. You mean the woman who opened the door when you found Cornish in bed? A, Yes.
THOMAS GREEN (policeman, H 136). On Sunday night, the 15th, between nine and ten o'clock, I went with Kelly and Barnes, to 1, George-court, and found Lovell there, and also Cornish in bed—under the mattress of the bed I found this case of mathematical instruments (produced).
THOMAS BARNES (policeman, H 88). I went with Kelly and Green to Cornish's house—I found five knives and four forks in his room, and a coat which he said was his—in the table-drawer I found a German silver spoon, and a small book—after taking him to the station, we went to Welch's, and found James Welch in bed—in a box at the head of the bed, I found six knives, four forks, and a silver spoon, and between the bed and mattress I found a life-preserver—I also found a small screw-driver.
Cross-examined. Q. Are things sold in Petticoat-lane a good deal of a Sunday morning? A. Yes; there is a sort of open market there—they are chiefly Jews, and sell on Sundays.
WILLIAM TRIGGS (policeman, N 287). I produce a pair of boots, some blades of knives and forks, a boy's coat, a fork with a silver handle, and a large centre-bit (produced), which I picked up about seven o'clock
on Sunday morning, 15th Dec, in a garden about thirty yards from Mr. Pitman's.
THOMAS KELLY re-examined. I found this chisel (produced) on the table at Welch's house—I have compared it with the marks on this desk (produced), and find a dent in the chisel, it is not quite even, and that corresponds exactly with the mark—I have had the chisel in my possession ever since—there were six desks broken open, and they all appear to have been done in the same manner—this is the only one here.
Cross-examined. Q. When did you first make the comparison? A. This morning—the robbery was away from our division—we had nothing to do with it, but taking them into custody.
EBENEZER PITMAN . I reside with my father, Mr. John Pitman—one of those coats belongs to me, and the other is my brother's—this case of mathematical instruments is mine, and on the night in question was in my desk which was broken open—I was in the front kitchen about twelve o'clock that night, and left it quite safe—I did not go into the back kitchen—every one else had then gone to bed—I did not open any of the windows or drawers—the two young ladies had been gone up some time.
LYDIA OLDHAM re-examined. These knives and forks, and all this property is my master's, and was safe on the night in question—the spoon is marked, and the knives and forks have been rather worked—I used to clean them.
JANE WELCH, ELIZABETH LOVELL— NOT GUILTY .
JAMES WELCH— GUILTY . * Aged 21.— Transported for Ten Years.
GUILTY . Aged 60.— Confined Twelve Months.
COURT.—Saturday, January 11th, 1851.
PRESENT—Mr. Justice TALFOURD; Mr. Ald. FAREBROTHER; and Mr. Ald.
Before Mr. Justice Talfourd and the Second Jury.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
JULIUS HENRY THOMPSON . I am a ship-broker, at 5, Trinity-square, Tower-hill; I have more than one partner—the prisoner came into our service about the beginning of March, 1849, as head book-keeper and cashier—when money, which he had received from the clerks or other people, had accumulated a little, it was his duty to pay it into the bankers', Messrs. Rogers, Olding, and Co.—a book was kept, called the rough cash-book, in which it was the prisoner's duty to add up the various sums paid to him, or which he had received, and to carry it out into the first column—when the other clerks received money, it would be their duty to do the same, and when the payments had accumulated it would be the prisoner's duty to add them up, bring the total into the second column, and pay the amount into the bankers', having first received from the other clerks the sums they had entered—there was a book called the fair
cash-book, containing a debit and credit side; the debit side would be made up from the counterfoils of the check-book, and from the bill-book and the credit side from the rough cash-book—memorandums are made on the counterfoils of the check-book of the amount and object of each check—bills payable to the firm are paid at the bankers', and a balance ought to be made once a month, but I am sorry to say it was not made up to the end of the year: I found it was added up in pencil, and spoke to him about it, and said it was not the proper way—it is in ink now—I cannot say that I had told him that that was his duty, but the previous clerk had done it so—this is the rough cash-book—I find here, under a line which refers to Aug. 1849, a sum of 30l. 18s. 3d. carried out into the second column—the total is composed of six items; the first is "King William, Felto and Co., 1l. 3s. 2d."—it is in the writing of a clerk named Simmons—"King William" is the name of a ship; Felto and Co. are parties who have paid freight on goods brought by it—this next item, "Traveller, J. Carves, 2l. 8s. 10d." is also in Simmons' writing; and also this "duty, 1l. 9s. 4d."—the next entry, '"Barnes, 1l. 18," is in Watmore's writing—this "Achitre de Ambolo-Returned Customs, light out, 7l. 1s. 6d.," on the 9th, is in the prisoner's writing—that is the way in which he should enter the receipt of money if he had received it from the party—this "Bills receivable, No. 149. 14l. 7s. 5d." on 10th Aug., is the prisoner's writing—these six items added together make 30l. 18s. 3d., which is carried out into the second column in the prisoner's writing—it was his duty to see it paid into the bankers, to give it to a clerk to pay in—this is the bankers' book (produced)—the amount really paid in on 10th Aug. was 14l. 17s. 5d.—it was the prisoner's duty to see the book when it came back from the bankers'—he has never accounted to me for 16l. 0s. 10d., the difference—this (produced) is the fair cash-book; it was kept by the prisoner—on 21st Nov. here is an entry on the debit side of a "Bill payable, No. 248, 191l. 13s. 11d."—it is written on an erasure in the prisoner's writing—248 indicates the number in the bill-book where I find the entry in the prisoner's writing, "No. 248, Thomas C. Horford, Cadiz, Sept. 19, payable at sixty days' date, accepted, 82l. 9s. 9d."—that makes an entry in the cash-book of 109l. 4s. 2d. more than was paid on the bill—on 9th May, 1850, I find an entry of the prisoner's in the fair cash-book of 190l. 12s. 2d., at No. 270—the corresponding entry in the bill-book is 100l. 12s. 2d.—the alteration has been made in the fair cash-book by putting a tail to the 0., and the figures have been gone over again—they are darker than the rest—the two bills (produced) for 82l. 9s. 9d., and 100l. 12s. 2d., are those to which the entries in the bill-book refer.
Cross-examined by MR. EDWIN JAMES. Q. When did the prisoner go into your service? A. About the beginning of March, 1849—he left about Aug. 23rd, 1850—I am a ship and insurance-broker—the prisoner has been carrying on the business of a ship and insurance-broker at Corbet-court, Gracechurch-street, in partnership with Mr. Blackwell, both since and previous to leaving us, down to the day 1 made the charge before the Magistrate, which was about three weeks ago, I forget the date—we did not, to my knowledge, previous to making the charge, send to him to explain a sum of 15l. 0s. 1d.—he was sent for, when he first left, to come back and explain various things, but after that, I know nothing of
his being sent for—it might have been Mr. Obert or Mr. Powell who sent for him—I have not interfered in that part of the business—Mr. Obert is here, in the gallery—Mr. Obert had been looking over the books himself, and was going over them afterwards with me—between the prisoner's coming in March, and his leaving, somewhere about 60,000l. or 70,000l. has passed through his hands—the aggregate amount to be paid into the bankers', appears in the outer column of the rough cash-book—sometimes one of the boys paid it in, and I have known the prisoner to take it—I am not aware how frequently we had the pass-book from the bankers; it was trusted implicitly to the prisoner—he used to sit in the counting-house, with five or six other clerks—I chiefly managed the money part of the business, but I thoroughly trusted the prisoner with the pass-book—I did not even question him; the only thing I demanded of him was the amount at my bankers', of an evening—my private account was sometimes over-drawn, with the sanction of my partners—I have not been in the habit of asking the prisoner for sums of money out of his Tough cash; when I wanted money of him, and he had gold in his hands, I would say, "Mr. Gardner, give me 5l.," and I should give him a check on my bankers for it; I should draw it in the name of the firm, And mark, "J. H. T." in the check-book—that was a common custom, if one of the partners wanted money, instead of sending each check to be changed—I might do so once a month, not once a week—that was not because my private account at the bankers' was over-drawn, nor have I told the prisoner so—on my solemn oath, I never drew money of him that be ought to have paid into the bankers', nor did I tell him so—I believe it was over-drawn about 400l.—it did not remain so; I think it was altered in Nov., I paid in 400l.—we only have a business account at my bankers'—it was my private account between myself and my partners which was over-drawn—that was with their sanction—I had mentioned to them that I should require to over-draw it—at one time it was only 50l. over-drawn—after I had paid the 400l., it was still 150l. over-drawn—a bill was drawn by me, and discounted by the bankers, for my accommodation—that is not in the bill-book; it was my own private bill—it appears as cash to my credit in the pass-book; it is, "Partridge and Co., 5th Nov., 400l."—I am debited with the discount—the entry is, "Discount, 20l."—I forget whether I drew a check for the 20l.; I certainly did not draw a check for it in the name "discount;" if I drew it at all, it would be in the name of "J. H. T."—it was to make up a deficiency in my private account—it was a private matter between me and my bankers, who were personal friends of mine, and said, "Yes, we will do that for you"—I was a member of the firm of Partridge and Co., in Liverpool; they are ship-brokers, in Crutched Friars—Mr. Obert is another of that firm, and Mr. Partridge; Mr. Powell was not a member at that time—Mr. Obert and I have not been on friendly terms all the time; we were when the prisoner came—we only had one check-book; we both bad the control of it; I took it into my possession for two days in Nov., during a quarrel; that was while the prisoner was in our service—I never but once gave the prisoner a signed check blank for him to fill up; that was when I was called out of town by the illness of a sick child—the prisoner had nothing to do with the disbursements—Simmons kept the petty cash; the amount of it was generally under 5l—the first date when a balance of
the fair cash-book was come to, was 10th Aug., 1849—it was then balanced all but 6l., it was 109l. instead of 115l.; we have found out an error of 2l. and a 4l. check was paid away in 1849—on 31st Dec. 1849, the credit and debit sides are made to agree exactly—the prisoner made the balance, not under my inspection; I did not see it, not in that book—he brought to me every evening in 1849, on a slip of paper, my balance at my bankers'—I have not got those slips of papers for 1849, they were not kept; the books were in the book-keeper's possession, and were locked up in the ordinary way—there has been no balance since, but the prisoner came and added up his cash two days after he left, I think, and two days after, I found out that he was in partnership with Mr. Black well—that was according to an agreement when he left—I do not think we sent for him, for be came of his own accord—this is the adding up, it is in ink—I had found the amount added up in pencil, and spoke to the prisoner, and said it was not quite correct; he said he would have it put in ink, but he had done it so as to be certain of his accounts being correct—I am not aware that an error of 15l. was then discovered—the amount here in the bill-book on 21st Nov. 1849, bill 228, is 82l. 9s.; that bill was payable at the bankers', and was due Nov. 21st; I find by the pass-book that the bankers did pay it, and return me the bill in the ordinary way; the entry is, "Orthur, 82l. 9s. 9d."—there is no bill in the bill-book for 131l. 13s. 11d.—on 9th May here is a bill for 100l. that was paid by the bankers, and is in the pass-book; the entry in the pass-book is "100l. 12s. 2d. t Orthur;" it is identified by the number in the bill-book—the cashier kept the old bills, I do not know where—when he left, I found all the checks and bills in bit drawer—six or seven other clerks sat in the office, but the prisoner had a desk at the other end of the office closed in—no one but him made entries in the books while he was with us—a clerk who made a payment to the prisoner would enter it in the rough cash-book—one of the boys who took money to the bankers is here; he is not in my employ now—there were two or three—it was generally paid in about four o'clock—we are constantly making small disbursements by check or petty cash, twenty or thirty times a day, for pilotage and lightage—4l. is the smallest sum I should draw a check for; over 5l. was always paid by a check—when the petty cash-keeper could not make a payment, we signed a check for it—that might be sometimes a dozen times a day; the average was five or six checks a day—I brought an action against the prisoner for an over-drawn account for his salary; for a conspiracy; not for going away or getting my business—I directed a solicitor to sue him for damages for leaving my service without notice; he had started in business then with Mr. Black-well, in Corbet-court; that was three months before I made the charge at the Mansion-house—he paid me 76l. over-drawn account—he had not the right to retain money for his salary, but I signed checks for too much—it was not disputed between us whether he was to have 150l. or 200l. a year; when he came he signed a paper that it was to be 150l., and at the end of a certain number of months, I said, "I am very well satisfied with you, there is 200l. for you"—the action against him was withdrawn by the advice of my solicitor, because there bad been a change of partners, and their lawyer paid the expenses for us; I received no damages for the leaving my service—in the interval, three months before I preferred this charge, f had submitted the books of 1849 to examination; we have not
finished them yet—I remember Mr. Hobler and some other gentlemen coming to meet Mr. Humphreys, my solicitor, for the examination of the books; I left them out the ledger, cash-book, rough cash-book, and the bill-book; I think those were the books that were demanded—when they required to examine them, I did not say that they should have ten minutes to examine them, nor did any one in my presence—I was not in the room at all; I was in the outer counting-house—they were there ten minutes or a quarter of an hour, if I remember right; that was after I preferred the charge—at the last examination at the Mansion-house, a request was made to examine the books; Mr. Clarkson made a plea that be could not look at them; and Mr. Ballantine said he would wait till twelve at night for them to examine them in the police-court—the ledger was one of the books.
Q. And at that time was it not stated, in your presence, that you proposed that Mr. Hobler should have them for ten minutes, and that three hours was preposterous? A. I had nothing at all to do with it; I was in my solicitor's hands; he acted, and not me—it was not stated in my presence—I remember Mr. Humphreys saying, in Mr. Ballantine's presence, that he would turn to any account in the books which the prisoner might request to look at; I cannot recollect the exact words; and Mr. Hobler required the books for three or four hours by himself, to which Mr. Humphreys said, "Nonsense; a quarter of an hour will do"—our book-keeper, Mr. Waddell, had the examination of the books daring the three months, and Mr. Obert, Mr. Powell, and myself—I do not know whether, during the difference between me and Mr. Obert, he got a separate check-book from the bankers; I think he went for one.
MR. BALLANTINE. Q. I believe when you determined to proceed, you employed Mr. Humphreys as your solicitor; did you give into his possession the whole of the books? A. Every book he demanded of me; I left him to exercise his discretion entirely as to the time he should have them—I saw Mr. Hobler go in to this meeting—they came in, and I walked out, by Mr. Humphreys' request, leaving him, Mr. Hobler, the prisoner, and the junior partner, with all the books—after that I took all the books to the Mansion-house, by Mr. Humphreys' orders—all the witnesses were there, and both the attorneys—every one of the books are here which I have received notice to produce—the items of the present inquiry were pointed out before the Magistrate—I directed Mr. Ellis to bring the action, that is the Under-sheriff—I found out by accident that the prisoner was in partnership with Mr. Black well, and was carrying on the same business as myself, without my knowledge—I learned that he had been doing so since March, 1850—he had at that time given me no notice to quit—in May he complained of something, and I told him that should be altered, and that I was perfectly satisfied—be never told me he was partner with anybody else—it is a business which requires some capital—the examination of the books of 1849 is completed—they show a deficiency in the prisoner's account of 115l.—I can point out the items and sums to the Jury—it is by the same means as the deficiency of 16l.—on 31st Dec. the credit and debit sides are made to agree, within 6l. by the alterations I have pointed out—money for petty-cash never came from any other source than a check drawn by me—I used to give the petty-cash clerk a check for 20l. or 30l., which he signed for; and no other payments were made except by check—the pass-book used to be loft at
the bankers' with the money—on the slip of paper which the prisoner used to bring me, was what he had paid, what he had drawn out, and the balance left at the bankers'—I had no means of knowing whether the papers were right at night—I never asked for the pass-book—the prisoner used to draw the body of the checks, and I signed them; and in no other way would the check be honoured, unless drawn by myself or partners—it might be filled up by anybody—I had an arrangement with my partners how much each I was to draw—it was with the sanction of both my partners that I overdrew my account—it was known to Mr. Obert well that we had both done so—that would be known to the prisoner, as clerk; he kept my account, and in that way he learned what has been asked me—we have banked with Messrs. Rogers since 1847; they are friends of my family—the blank check which I signed, was in the latter end of July or the beginning of Aug., 1849—I gave it into the prisoner's hands—I do not know whether it was used; if it was, it would go to whatever account he paid the money for, and the check would appear in the ordinary way.
HENRY SIMMONS . I am a clerk in Messrs. Thompson's employ—this entry in the rough cash-book, "King William, Felton and Co.," is in my writing—here is "Traveller J. Carvis 281, sundries 194"—I received those sums and paid them over to the prisoner on the days that the dates are attached to them.
Cross-examined by MR. CLARKSON. Q. Were you the keeper of the petty cash? A. Yes; it was Mr. Thompson's custom to borrow the balance of the petty cash, probably once a week—I kept a memorandum of the sums borrowed from week to week till the end of the month—he very seldom borrowed more than 2l. or 3l., it would amount to above 10l. at the end of the month—I charged it to his debit in the petty cash—I have not known him borrow of the prisoner—I have heard him ask for checks out of the book—I do not know what for—I never was present when that was for moneys advanced by the prisoner to Mr. Thompson-pilots and persons of that description were in the habit of coming into the office at all times of the day—Mr. Thompson was very little in the office after twelve o'clock—I have never known the prisoner pay a check to persons who came, unless one of the partners were there to sign it—if a pilot came when none of the partners were there, he would be told to come again, and a check would be drawn and laid on one side—pilots sometimes come who have to go back by the return tide, but if none of the partners were in, they would be told to come again—they have been paid out of the petty cash—I know of no instance in which the prisoner has advanced money out of the rough cash; I did not know that he was about to leave, till within a very few days of his leaving—I cannot recollect whether I heard it from himself or from another party; it was not from Mr. Thompson—I never knew that Mr. Thompson had given him notice as long as 23rd May before—I heard the prisoner say that he had not exactly given notice, but he was about doing so—it was not generally known in the office that he had given notice—I have not heard him say that Mr. Thompson had said that if he would stay he would advance his salary.
MR. BALLAKTINE. Q. How did you receive the money you bad to disburse in petty cash? A. By check; no money was paid out of the rough cash to my knowledge—it would be very irregular for the prisoner to pay a pilot who was in a hurry to go back—a person named Wood was
in the habit of collecting pilotage, but not for the river pilots; sometimes they would get a friend to come, but they never employed an agent; they are men who are rather urgent for the money, and are not at all pleased to have to call again.
Cross-examined. Q. Where was the book kept? A. It is generally laid on the desk, and when a clerk received a sum of money he would make the entry.
HENRY GARETT SOILEAU . I am a clerk in the house of Rogers, Olding, and Co. On 10th Aug. I received 14l. 17s. 5d. on account of Messrs. Thompson—I cannot say whether that was all that was paid in that day—I can only speak of what I received myself—I could tell by the ledger—that is all that appears entered in the pass-book to their credit on that day.
Cross-examined by MR. JAMES. Q. How often does the pass-book generally go back? A. It is quite optional with the customer—they appear to have left this for a month or two at a time, and then taken it away for a few days—the cashiers are the only persons authorised to receive money; I do so, and the ledger-keeper.
MR. BALLANTINE. Q. Suppose instead of 14l. 17s. 5d., a sum of 30l. 18s. 3d. had been paid, would it have appeared by your entry? A. Yes; if it was all paid in in one sum, not if it was in two separate payments.
THOMAS JAMES OSBORN . Q. I am a cashier to Rogers, Olding, and Co.; I have been directed to search the books of the firm. On 10th Aug. a sum of 14l. 17s. 5d. appears to have been paid in, on account of Mr. Thompson—that is the only sum I find in the books—Mr. Soileau, myself, and Mr. Fuller are the only persons authorised to receive money.
Cross-examined by MR. JAMES. Q. Who generally brought the money, the boys? A. The younger men—there were several—it was generally paid in before the bank closed, which is at four o'clock.
COURT. Q. Did the lads bring with them a slip of paper, showing the amount? A. The items were always stated on the back of the check, and we checked them and told them they were right—I looked to see that they brought the amount they ought to pay before I took it—it is first entered in what we call the counter-book, which lies on the counter, and then it finds its way into the books of the firm, and also into the customer's pass-book.
GUILTY on 2nd Count.
MR. BALLANTINE conducted the Prosecution.
JULIUS HENRY THOMPSON . (Mr. Justice Talfourd read over to Mr. Thompson his former evidence, to which he assented, and proceeded as follows:)—After June, 1850, another book was kept by the prisoner, called the balance-book, the object of which was to let me know what I had at my bankers' every night before I went home—the amount paid
to the bankers would appear in that book—in the rough cash-book on 5th Jan. last year, the sum total carried out into the second column in the prisoner's writing is 120l. 3s., which it would be his duty to pay into the bank on that day—it consists of twelve items; two of them are in his writing, 12l. 10s. and 2l.—that is the balance that I desired to be kept, and I find that sum put into the balance-book in his writing—one item of it is a check for 7l. 16s. 1d.—it was the prisoner's practice to put on the back of the check the items of which the amount consisted, and I find in his writing on the back of this check 100l. 3s. as the total, making a difference of 20l. 0s. 1d., and the amount paid by the bankers' book is the same 100l. 3s.—the prisoner has not accounted to me for the 20l.—there are twelve items in the rough cash-book, and only seven on the check—some of the items on the check are right, and some have been altered.
COURT. Q. I suppose the fair cash-book, on the side of the moneys received, is right? A. Yes, it makes up the 120l.—it agrees with the rough cash-book—my attention was first drawn to the alteration of the fair cash-book, somewhere about five or six weeks since—that was long after the prisoner had been out of my employ—Mr. Waddell had charge of the book in the meantime—he is not here—this 191l. on 21st Nov. is in the prisoner's writing, upon an erasure—I have added it up—it is cast up with the figures as they now appear, and the total is in the prisoner's writing—that is not on an erasure in one place; it is not an erasure, but a tail put to an 0.
HENRY VALE TRAPP . I was a clerk to Mr. Thompson; I am not now—this entry of 2s. 11d. on 2nd June, 1850, is in my writing—I received it in the counting-house or collected it, and paid it over to the prisoner—the book shows that it was received of Rice and Co.—I do not know whether I went to their house to receive it or not—the prisoner kept the rough cash-book—when I went to pay him money, he produced it to me at his desk, and I made the entry.
ROBERT WATMORE . I am clerk to Messrs. Thompson. On 3rd Jan., 1850, here is an entry in the rough cash-book of 5l. 17s., and on 4th of 9l. 15s. in my writing—I received those sums and paid them over to the prisoner.
HENRY SIMMONS . I am clerk to Messrs. Thompson—here is an entry in the rough cash-book on 5th Jan. of 13l. 11s. 7d.; another of 9l. 15s.; another of 7l. 16s. 1d.; another of 10l. 4s. 3d.; another of 21l. 18s. 2d.; and another of 7l. 14s. 6d.; all in my writing—I paid them all to the prisoner on that day; and I think, to the best of my recollection, in one sum—it was generally paid about three o'clock in the afternoon—it is usually on Saturday when these matters are paid over—we generally come back about two or three from collecting the sums from the merchants—they are freights—we discriminate the parties from whom we receive them.
(William Henry Duncan, of Sittingbourne; Charles Boyd Surveyor-General of Customs; and John Edward Boyd, junior, son of the latter, gave the prisoner a good character.)
GUILTY on 2nd Count .— Transported for Seven Years
Before Mr. Justice Talfourd.
MR. RYLAND conducted the Prosecution.
JOHN SNAZELL . I am a labouring man, at Wanstead. I knew William Reed when he was alive—he was a labourer at Wanstead—I know the prisoner—one day last month, he and Reed and I, my father, and a man named Connor were engaged in pulling down a shed belonging to Mr. Kennerton—we were removing the remaining part of the shed in a cart—I and Connor were on the shafts, and Reed and Jolly were shoving behind—when we got between Mr. Finnis's gate, and Mr. Brown's lodge, Reed said that Jolly did not shove enough, and struck him somewhere about the body—it was no particular blow—they might have four or five rounds—it might last ten minutes, tumbling and falling about—the falling was the worst—there was no particular blow, but Reed was striking Jolly a round or two afterwards, and Reed overreached himself and fell, the road being a bit slippy, and he cut a bit of skin out of his forehead and down his nose—I persuaded them to leave off, and I thought Reed would have struck me—I and my father parted them—Reed did not like being parted at all—Jolly was agreeable to leave off—Reed seemed to walk very well after that—we then came on for 100 or 120 rods, and I then left them—he walked that distance—he seemed to be a little bit freshy like, from a drop of beer—neither of them were quite sober—we had been allowed two pints a piece, and they had had an extra seven pots unknown to us—they both seemed a little excited by drink.
COURT. Q. There was no regular fight? A. No; they were tumbling and falling about—I will not be sure whether Jolly had his coat off, but Reed had not his waistcoat off—Jolly would have left off before, Reed would not, his spirit was regular savage like.
Cross-examined by MR. BIRNIE. Q. When you parted them, did you hear anything said by either of them? A. No; they seemed to be civil and quiet enough then—the wound on the forehead and nose was made by his falling on the gravel—it was owing to the ground being wet and greasy—his hands seemed to be out, as if striking at Jolly.
THOMAS KENNERTON . I bought this shed that was pulled down—I employed the prisoner and the deceased to move the materials—I heard Reed say to Jolly, "Shove up," and he turned round and gave Jolly three or four good clips on the back—Jolly said to him, "Do you mean that, Sir"—he said, "Yes:" and he turned round and gave him another one or two—they then put the cart down by the side of the road, and went just on the green—I believe Jolly took off his coat—Reed was in his waistcoat—he had no coat on—they set to to fight—they had about four or five rounds—several blows passed on each side—they were struck in different parts—one severe blow that Reed had was when he fell off the grass on to the gravel which broke the skin of his forehead—that was about the third round—both of them had several falls—Reed's forehead bled—when they had had that round they came along—Jolly did not want to fight at all—Reed seemed to want to fight more than Jolly—they came on with us
towards home—I then left them—I saw Reed again next morning, about eight or half-past—he came to my shed—he said he felt rather queer—he had a black eye, and a bruise on the forehead.
COURT. Q. The fall was not occasioned by anything Jolly did, but from Reed overreaching himself in the act of striking? A. Yes; the grass was slippery.
Cross-examined. Q. Who picked him up? A. Jolly picked him up once, and Snazell picked him up once—they seemed very friendly afterwards—I saw no seconds.
JOSEPH SNAZELL . I was at Wanstead when this scuffle took place—they only had three rounds—they both of them fell in the road, by the side of each other—they both got up again—there was a little blood on Reed's face—I went away after that.
Cross-examined. Q. Did you see Reed fall on his face on the gravel? A. Yes; his foot slipped as they were shoving each other.
FREDERICK COLLINS . I am a surgeon, at Wanstead. I was called in to see the deceased, on the evening of 11th Dec, I found him suffering under fearful erysipelas of the head and face—he appeared in a dying state—he died on 17th—he never rallied—the disease was so violent that I could merely discern a scratch on the face, one on the left temple, and one on the forehead, as though from a finger-nail or gravel—if he had fallen forward on the gravel that might have produced the appearances—I made a post-mortem examination—I found the membranes of the brain adherent—that was caused by inflammation—the vessels of the brain were congested—the brain itself was healthy—I could not at all judge what had produced the inflammation, but inflammation readily takes place when the scalp is injured by the merest scratch—the scratch would account for the erysipelas, and the inflammation would follow the erysipelas—he died in an exhausted state from erysipelas—I should say he was of a bad constitution, not one to stand up against such a disease—I found no symptoms of violence in other parts of the body, no laceration or any broken bones—the skin was a little discoloured on the shoulders—I am of opinion on the whole that the erysipelas originated in consequence of the bruise on the forehead, and that death was the consequence of exhaustion following the erysipelas—I saw no other mode of accounting for the death.
COURT. Q. As I understand, in your judgment the patient died of erysipelas in the head, which his constitution had not strength enough to subdue? A. Yes, an irregular life might induce such a disease—if it was induced by external injury I should attribute it to the scratch on the forehead.
NOT GUILTY .
PROSSER pleaded GUILTY . Aged 16.— Confined Six Months.
MILLETT pleaded GUILTY . Aged 14.— Confined One Month,
EDWARD COLE . I live at Stratford. In consequence of information I received, I went up Abbey-lane, and saw the three prisoners come over the gate of Meux's distillery—I followed them down the lane, towards Stratford—Millett put his hand into his trowsers, and a lot of feathers came out—he was seized, and we found a duck on him—he said, "The
big one has got the other"—we found another on Millett—they were concealed in their trowsers—they made no noise till they were taken out—Meeke had nothing on him; he was only in their company—one was struck on the beak, and another on the back—the marsh is private—they bad no right to get over the gate.
EDWARD HORLEY (policeman, K 209) I took the prisoners, about half-past three or four o'clock on that afternoon—I asked them where they got the ducks from, which were then on the tap-room table—they said they got them down the marsh—Meeke said so as well—that is a place where a great many ducks go.
Prisoner's Defence. I was with them, but had nothing to do with it.
MEEKE— GUILTY . Aged 14.— Confined One Month.
Before Mr. Common Serjeant.
THOMAS SKENNERTON . I keep cows, at Wanstead. On 29th Dec., from some reason, I said to the prisoner, "Have you not sold a truss of hay from my stable?"—he said, "No, Sir"—I said, "Have you not sold one to Fraser?"—he said, "Yes;" and when he had finished his breakfast he walked out, and said no more about it—I never authorised him to sell hay, and he has never given me money for any he has sold.
JOHN FRASER . My father sent me to Mr. Skennerton's—I saw the prisoner, and asked him whether he thought his master could let me have a truss of hay—he said he would go and see—he went to the house, came back, went to the loft, and gave it me out—I offered him 2s. 2d. for it, but he only took 1s—he did not say why he did not take the 2s. 2d.
Prisoner's Defence. I told Mr. Skennerton I had sold it, and I worked for him after that till three o'clock.
GUILTY . Aged 22.—Recommended to mercy by the Jury.— Confined Two Months
Before Mr. Common Serjeant.
ANNA MARIA AGNES DICKENS . I am a widow, and live at Woolwich. The prisoner was in my service two months and two days, and left on Thursday, 12th or 13th Dec—after she was gone, I missed things from different closets and trunks, which were locked—in the early part of the time the prisoner was with me, the trunks were on the landing, and the latter part, in a room opposite the kitchen—I kept the keys sometimes in my drawers, and sometimes in my desk—I had not seen some of the things for four months, but one gown I had had on a fortnight before she left—these
shawls, bracelets, dresses, and other articles produced, are all mine—this veil, handkerchief, scarf, and bracelets, were in a locked box.
WILLIAM SMITH . I am superintendent of police for the district of Warkworth, Derbyshire. In consequence of information, on 27th Dec. I went to a cottage in Alderways Lee, in Derby, and found the prisoner there—I searched the house, and found the property now produced, and some other also—she said it was her own, property, and, correcting herself, said, "Otherwise, Mrs. Dickens's."
Prisoner's Defence. I owed so much, being out of place four months, that I took these things, thinking to get money on them; I am very sorry I took them; Mrs. Dickens recommended me to go home.
GUILTY . Aged 20.—Recommended to mercy by the Jury— Confined Six Months
Before Mr. Justice Patteson.
GUILTY . Aged 35.— Confined Four Months.
Before Mr. Recorder.
GUILTY . Aged 35.— Confined Seven Days.
Before Mr. Common Serjeant.
GUILTY . Aged 24.— Confined Three Months (The prisoner received an excellent character.)
GUILTY . Aged 21.— Confined Eight Months.
Before Mr. Common Serjeant.
MR. O'BRIEN conducted the Prosecution.
JAMES EVANS . I live at Carnarvon. I buy and sell beasts—I had a bay gelding—I came to Horsham on 16th Nov.; I stopped there over Sunday—on the 17th I went to feed the beasts in the field, about five o'clock in the evening; at seven the next morning I went to feed them again, and I missed the gelding—I got a description of it inserted in the Police Gazette—on 12th Dec. I saw it again at the Castle Inn, in the Old Kent-road, in the possession of the ostler—it was the same that I had lost, but it had been altered; they had cut its tail since I lost it.
Cross-examined by MR. HUDDLESTON. Q. How long had it been in your possession? A. Three months—I had been riding it about the country—it was a bay gelding—I do not know Town-Mailing; I have never been there.
ROBERT BATTING . On 17th Nov. I recollect some beasts being brought to my father's place, at Horsham, by Mr. Evans—there was amongst them a hay gelding that was in my father's field on the night of the 17th—I saw it a little before five o'clock, and the next morning I did not see it—I saw it again at the Castle, in the Old Kent-road—it was the same that was at my father's farm—it had a cut on the off hind-foot; I had noticed that on 16th Nov., and I noticed it when I saw it at the Castle.
Cross-examined by MR. HUDDLESTON Q. Do you know Town Mailing? A. No; I do not know when they hold Town-Mailing fair—Mr. Evans brought three or four horses with him—there were seventy beasts in all.
Cross-examined by MR. PARRY. Q. Had you seen this horse before 16th Nov.? A. No; I cannot swear to all the beasts, nor to all the horses; but as this one was lame, I noticed it.
ROBERT MELVILLE (policeman, P 73). In consequence of an advertisement in the Police Gazette, describing a bay gelding, I went on 10th Dec. to the Castle—I saw Thomas, the ostler, and was shown the gelding—I wrote to Green, the constable, and he sent to Mr. Evans—I took the prisoner Wilson; I told him he was charged with stealing a bay gelding from Horsham, which he left at the Castle—he said, "I know nothing of it."
Cross-examined by MR. HUDDLESTON Q. (reading from the Police Gazette: "Stolen or strayed from a field at Horsham, a bay gelding.") This is what you read? A. Yes; I saw Wilson in the Compter; I told him he was charged with stealing a gelding, at Horsham, the property of Mr. Evans, on 17th or 18th Nov., which same horse he had brought to the Castle, in the Old Kent-road, where it then was.
GEORGE HYDE (City-policeman, 516). I apprehended Wilson on 22nd Nov., but not on this charge—he had a cart, and a little bay mare—there was a man with him; I cannot swear that it was Evans, but it is my belief that it was him—he made his escape—the cart and mare were taken to the Green-yard, and from there to Dixon's Repository, and sold—before the mare was sold, Evans claimed it as his property—it was not given to him, but sold by order of the Sheriff.
GEORGE QUINNEAR (police-sergeant, P 1). I apprehended Evans on 5th Dec, on another charge; and I said to him, "You are also charged with stealing a horse from Horsham, in Sussex, the property of Mr. Evans; he said, "Horse-stealing!" and seemed very much excited, and made no reply—I said, "I am informed that this horse you have left in charge of the ostler, at the Castle, in the Old Kent-road;" he made no reply.
Cross-examined by MR. PARRY. Q. Did you give evidence before the Magistrate? A. No, not respecting this charge—the other charge was ignored—I had stated that case—this case was named to the Magistrate, but he did not go into it—the prisoner has never till to-day heard this evidence about stealing the horse.
JOHN THOMAS . I am ostler at the Castle, in the Old Kent-road. ON 18th Nov., between seven and eight o'clock in the evening, I saw the prisoner Steadman—I had known him six or seven years—he brought a horse to the trough, and asked me if I could take it in for the night—I I said yes I could, if he would ride him round to the yard; be did so—he
told me he had brought it from Town-Mailing—there was no bridle or saddle on the horse; but a halter on his head, and a halter round his body, with a sack, and some straw—the horse appeared very wet, as if it bad been ridden hard—next morning Steadman came, and saw the horse—on the 21st he came again with two other persons; and Evans took away the horse, and Steadman paid me 4s.—on the 22nd Evans came into the tap-room, and told me he had brought Steadman's horse back, and I was to take it in—I found the horse tied to the paling, and I took it in—I saw Milton again on the 25th; he came and looked at the horse, and said Friend Steadman was taken into custody about some fat, and as soon as the thing had blown over, he would come and pay me my expenses—I did not see either of the prisoners again till they were in custody—I was at the Castle when Mr. Evans saw the horse—it was the same that was brought to me by Steadman.
Cross-examined by MR. HUDDLESTON. Q. What day was 18th Nov.? A. Monday—I have been to Town-Mailing—I do not know whether there is a fair there on 18th Nov.—it is about thirty miles from London—the horse looked as if it had been ridden pretty sharp—Steadman used to deal in horses.
Cross-examined. Q. Did Steadman say be was going to sell this horse? A. He did not say that—he asked me to take it in—Milton and another person came to look at it—some other persons came, but I did not hear what they said—Milton lives in Sun-street.
MR. O'BRIEN. Q. Have you seen Wilson in possession of any horses? A. Yes; five or six years ago.
Witnesses for the Defence.
JOHN THOMPSON . I know Steadman—I was at Town-Mailing in Nov.—the fair comes on, on 17th Nov., but that was on Sunday, and it was held on the Monday—I was walking down the fair, and saw Steadman bargaining about a pony—he was talking to a man in a round grey frock—I heard Steadman bid him money for the horse; it was a bay pony about thirteen bands high, white heeled, and the off-heel behind had a cut in it—they struck hands, the man let Steadman have it—I followed them to a public-house—they might not know that I was following them—Stead-man put his hand in his pocket, pulled out a note and gave it the man, with two sovereigns, two half-sovereigns, and five shillings—whether the note was a 5l. or 10l. I cannot tell—they had a pot of ale, and I had one glass of it—the seller paid for the ale out of the money he took—they came out together, and Steadman got on the pony's back and rode it as if coming towards London—I have known him fifteen or sixteen years.
Cross-examined by MR. O'BRIEN. Q. What are you? A. A traveller—I got to Town-Mailing about ten o'clock that morning—I did not take anything to the fair, or bring anything from it—I remained in the fair till about half-past four o'clock in the evening—I came back to the Bull at Lucomb—I did not go to the Castle, I did not see the horse there—I saw about forty horses sold at the fair, or more I may say—I always examine horses to see if they have cracked heels—I do not examine every horse, not unless I have something to do with it—I cannot say how many I examined that day—it might be eight or nine, or half a score—if I do not get a job to take home a horse, I may buy one myself—I live in Stockwell-street, New Cross, at the back of the new Elephant and Castle
—I went to my aunt's on the Tuesday, and came home on the Wednesday evening—I had been at Kingston fair on the 13th; I did not buy anything there—I brought a horse home for a person—I had not seen Steadman for five or six months before—this horse was sold in the morning—I did not get there till past ten—I had only just got in the fair when I saw Steadman, and I never left him till I saw the money pass—he did not know that I was following him—I did not take up the horse's fetlock; I could see the cut without taking it up—I did not hear that this horse was stolen—I had left my own home on the Saturday morning—I went to Dartford and stopped all night—I went to the Bull, at Lucomb, and then walked the next day to Town-Mailing—I know Horsham—I have not been there the last four or five years—I do not know how far that is from Town-Mailing—I cannot tell whether it is thirty or forty miles—I did not say anything to Steadman—I followed him into the public-house, and be said, "Here is a glass of ale for you"—I saw forty horses sold; I did not follow every one—I follow persons that I know into public-houses when they buy horses—I followed about five persons that day—I saw no one with Steadman, only the man that took the money for the horse—that fair is for the sale of farming colts in general.
MR. HUDDLESTON. Q. It is a fair for colts? A. Yes; this was not a colt, but it appeared to be a job that I might get a shilling by—I have been in this business ever since I wan ten years old—I was born in 1805.
ALFRED SYLVESTER . I live at Bromley-common. I was at Town-Mailing fair on 18th Nov.; I saw a bay cob pony in the fair—it was for sale, and the off-fetlock had a crack in it—I asked the man the price of it—it was a man with a round frock on—I offered to change with. him with one that I had.
Cross-examined by MR. O'BRIEN. Q. Did you see it again? A. I saw it as I came home from the fair by the Cock, at Kingadown; I believe the prisoner had it—I did not know him—I had never seen him till I saw him at Kingston fair, which was a few days before Town-Mailing fair—I do not know the day of the month—it might be pretty close on a fortnight before Town-Mailing fair;—there I saw the prisoner—I do not know John Thompson; I should not like to swear that I had seen him before to-day—I was not doing anything with Steadman at Kingston, only he came to try to buy a horse of my master, Mr. Robert Adams—I went to the fair with horses—I have spoken to Thompson outside here this morning—I did not understand you before—I saw him at Town-Mailing fair—he was running a horse up and down—that was about nine o'clock, or it might be a little after—I saw the pony a little afterwards—I cannot say how many horses were there; they keep them in different places—I did not examine any other pony's fetlock that day—I examined this one about a quarter-past nine, when I went to take a pony to be shod, and I saw this pony standing by the forge—a man with a round frock on had it—I never saw the prisoner till I saw him at Kingsdown riding the pony—that was close on two o'clock—he was coming by the same way that I was—he was riding it on its bare back—I did not take anything—I had two horses and a pony and cart.
MR. HUDDLESTON. Q. You saw Thompson about nine o'clock? A. Yes, it might have been later; I do not carry a watch.
ROBERT MELVILLE re-examined. I produce a certificate of the former conviction of Friend Steadman, at Kingston-on-Thames—(read—Convicted March, 1850, and confined six months)—I was present—Wilson is the person.
WILSON— GUILTY . Aged 32— Transported for Ten Years.
EVANS— NOT GUILTY .
JOHN FINCH . I am a clothier, and live in Tooley-street. These trowsers are mine; I lost them on Saturday fortnight, about four o'clock—they were hanging outside the door; I saw them safe about half an hour before they were taken—I went after the prisoner in consequence of information—I did not see her—when I came back she was in my shop with the party who brought her back.
ANN FAGG . I live in Tooley-street, nearly opposite Mr. Finch's. On that evening I was at my window, and saw the prisoner take the trowsers off Mr. Finch's line—she folded them up, put them under her shawl, and walked away towards Bermondsey-street.
EDWIN PALMER . I live with Mr. Eldridge, at 272, Bermondsey-street, which is about 300 yards from Mr. Finch's. On that Saturday night, between eleven and twelve o'clock, I found these trowsers in the passage of Mr. Eldridge's shop—I took them back to the prosecutor.
Prisoner. I did not say that; I was passing that woman's house, and she said there was two pairs of trowsers lost; I went over to Mr. Finch's, and he said I was like the person, and took me; I know nothing about the trowsers.
THOMAS HORTON (police-sergeant, L 43). I produce a certificate of the prisoner's conviction at Newington by the name of Mary Ryan—(read—Convicted May, 1850, and confined six months)—I was present; she is the person.
Prisoner. It was not me; they are swearing false against me.
GUILTY . Aged 40.— Transported for Seven Years.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 20.— Confined Twelve Months.
MR. SCRIVEN and CLERK conducted the Prosecution.
RICHARD BOYLE . I keep the Red Lion. On 11th Dec, about seven o'clock in the evening, the prisoner came for half a pint of beer—he gave me a sixpence—I told him it was bad—I sent for an officer, broke the
sixpence, and gave it to him—the prisoner said a gentleman gave it him for holding his horse.
RICHARD KIRBY . I am a tobacconist, and live in Regent-street, Lambeth. On 22nd Dec., the prisoner came for some tobacco, and he gave me a sixpence—I said it was bad—he said somebody gave it him, he did not know who—I asked if he had any more money—he said, "No"—he gave his address 42, East-street, Lambeth-walk—I said if he did not live there, I would give him into custody—I went out with him, and he said it was not worth while going, he never lived there—I sent for an officer, and gave him the prisoner and the sixpence.
ROBERT DAVIS (policeman, L 105). I took the prisoner, and received this sixpence from the last witness—the prisoner said at first that he came from Camberwell, that he was there the last evening, and some one gave it him in change—he afterwards said he came from Portsmouth the day previous, and went to see some friends at Camberwell—he said he had not been in London for two years till the day previous.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
RACHAEL ANN SHARP . My husband keeps a coffee-house in Vincent-street, Lambeth. On Saturday, 14th Dec., the prisoner came for a penny paper—he paid me with a shilling—I laid it on the table, and gave him 11d. change—I then found it was bad, and put it on the shelf by itself—next afternoon he came to the private door, and asked for a penny newspaper—he gave me a bad shilling—I said to him, "Come in a minute"—he said, "What, is it a bad one?"—I said, "Never mind"—he came in—I gave the shilling to my husband—I asked the prisoner who gave it him, and he said a man who was standing opposite, and he said he would give him a halfpenny—I went to the door; I did not see any man opposite—an officer was sent for, and the prisoner was given into custody with the shillings—the prisoner denied having been there on the Saturday—he said the man gave him the shilling at the public-house opposite.
JOSEPH SHARP . I was at home on that Sunday afternoon the prisoner came for a penny newspaper—I received a shilling from my wife, which I gave to the officer, and another shilling from the shelf—the prisoner said a man standing on the opposite side, at the public-house, offered him a halfpenny to get a newspaper—I went out, and saw no man—I looked in the public-house, and saw no man—I fetched an officer—the prisoner denied being there on Saturday.
Prisoner's Defence. Mr. Croney sent me; he gave me a halfpenny when I went in before.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 26.— Confined Six Months. (The prisoner received a good character.)
418. WILLIAM MANSELL and EDWARD SPILLER , were indicted for a burglary in the dwelling-house of the Guardians of the Poor of St. Mary Magdalen, Bermondsey, and stealing 2 saws, and other articles, value 14s. 2d.; their property.—2nd COUNT, for receiving.
MR. ROBINSON conducted the Prosecution.
JOHN ERRINGTON . I am yardsman of the workhouse of Bermondsey. The prisoners had lately been inmates of the workhouse—these saws are the property of the Guardians of the Poor of Bermondsey—I saw them safe about ten o'clock on Wednesday night, 1st Jan., in the work-room—I went into the work-room next morning, and found a square of glass had been taken out of the window; that would admit a small person—I looked round, and missed these two saws—went into the kitchen, and missed two loaves of bread, some mutton-chops, four or five ounces of tea, and some sugar, a waistcoat, two towels, two aprons, and a pair of stockings—this is the tea and sugar—the chops were before the Magistrate, and I knew them—here is about five ounces of tea, and about 1 1b. of sugar—I know the sugar by its colour—I know this waistcoat; here is the mark of the Guardians on it—I saw it in a drawer in the kitchen on Wednesday night, at half-past nine—these stockings are the property of the Guardians; they have the mark of Camberwell on them—they were in the drawer that night, and were missed the next morning—I had seen the place locked up that night at ten—no one could have got in and abstracted this property before half-past five in the morning except by getting through the window—there is a short street at the back of the workhouse, where some new buildings are going on, and there is a wall about four feet high, which they could get over and get to the outside of the window—these bits of wood belonged to the saws.
Mansell. Q. How do you swear to the tea and sugar? A. I believe the sugar is the same—it is the same colour; it is very brown.
JAMES WEBBER . I am an inmate of the workhouse—I know these towels—they belong to the Guardians—they were given me for my use—I had them in use for twelve months—they have my initials in the corner—I saw them safe at eight o'clock on Wednesday night under my desk; when I came down on Thursday morning I missed them—my office is within the building—there was no other mode of getting to my place but through that window, I believe—I went to bed about eight.
CHARLES M'CARTHY (policeman, M 182). I was on duty on Thursday morning, 2nd Jan.—I saw the prisoners and two other persons at half-past five o'clock in front of a lodging-house in Kent-street, which is nearly half a mile from the workhouse—Spiller had a bundle, and I found the two saws at the end of the house—the prisoners were knocking at the door—they went in, and I went in and took them—they were
sitting one on one side of the room, the other on the other—I took the bundle from Spiller—it contained these towels, and this waistcoat and stockings and apron, the tea and sugar, some bread and cheese, pudding, two mutton chops; also an old shirt, which Spiller claimed before the Magistrate.
JOHN HYDE (policeman, M 235). On that Thursday morning I was called by M'Carthy to secure the two prisoners—after taking them to the station I searched Spiller, and found on him these two pieces of wood, which belong to these saws.
Mansell's Defence. I have been out of the workhouse six months; they won't give me any relief, nor anything to do; and if I lay about I am taken up by the police.
Spiller's Defence. I had no bundle upon me.
MANSELL— GUILTY . Aged 17.
SPILLER— GUILTY . Aged 17.
Confined Twelve Months.
JAMES SEARLE . I live at Leaf-grove, Camberwell—the prisoner was employed as a washerwoman. I had seven pairs of cuffs came to be washed on 12th Nov.—I lost two pairs of them, and three weeks afterwards I lost a silk handkerchief—I have seen one of the pairs of cuffs since, and about three weeks afterwards Mr. Sands brought this pair to my house—at the time I had them, the prisoner had been washing for me for three weeks, three days in each week—this is the pair of cuffs; they have my wife's mark on them.
MARY ANN SEARLE . I attend to the washing, but I was at that time confined—these cuffs were brought to me to mark; this is my mark—I did not miss them myself—they belonged to a lady I worked for—I have lost other things, but I have not seen them again.
Prisoner. I took them up into the room to you where there were three or four other persons. Witness. No, there was no one but you; you worked for me three weeks; I lost things every week you were with me.
MARY ANN HIBBARD . I am single—I work for Mr. Sands, of Brixton, a launderer—the prisoner was at work there—in the week before 15th Nov. she asked me if I wanted to buy any cuffs; she brought three pairs—I bought two pairs of them of her at 6d. a pair—I took them home, and three weeks afterwards I was asked for them—this is one pair that I bought—I gave them to Mr. Sands.
Prisoner's Defence. The cuffs were mine; they were given me.
GUILTY . Aged 34.— Confined Two Months.
the Clapham-road from a quarter to half-past five o'clock in the evening—I saw the prisoners going towards London—I knew Wood—I followed them as far as Kennington Church, and lost sight of them—I got sight of them again a little before seven o'clock, they came out of Church-street—there were two carriages in Church-row, near to a public-house where the liverystables are—one of the carriages had two lamps; it was standing by the side of the foot-path, opposite the churchyard, near Kennington-common—Cully went to the side of the carriage, took hold of a lamp, and attempted to take it out—Wood was standing near the carriage on the other side—I passed by; Cully saw me and let go the lamp again, and walked a little way—I hid myself by the corner of a wall—I had a view of the carriage, it was twenty or thirty yards from me—I saw Cully come to the same carriage again—his back was towards me, I could not see him take the lamp—Wood stood on the other side of the carriage—I saw Cully come away from the carriage—I walked round the churchyard, and met him; he had the tail of his coat up—I stopped him, but I found he had nothing—I told him I should take him into custody for attempting to steal a lamp from a carriage round the corner; he said, "I know nothing about it"—Lillystone was with me, he went and took Wood—I afterwards received from George Fuller this carriage lamp; he pointed out to me the spot where he found it—I had directed Fuller to go in the direction in which I bad seen Cully go, and he found it—this lamp was shown to John Long; he claimed it as belonging to his carriage—I saw the carriage afterwards; one lamp was gone.
Cross-examined by MR. PARRY. Q. Were these lamps alight? A. No, it was a star-light evening—it was nearly seven o'clock—I could not see whether Cully had taken the lamp from where I was standing—I could not see the person take the lamp, his back was to me—I lost sight of him before I took him—Wood was not with Cully when I took him—I had not my lamp, I was in plain clothes—no one was taking care of the carriage; I believe the man was in the public-house—I took Cully eighty or ninety yards from the carriage.
CHARLES LILLYSTONE (policeman, V 338). I was with Gibbs—I saw a carriage in Church-row—I saw Cully coming towards the road, and Wood in Church-row, ten or a dozen yards from him—I went towards Brixton Church, and Wood came towards me—he then turned back, and I did not see him again till Gibbs came and took Cully—I then went and took Wood, and on the right-hand side, and about five yards from where I took him, the lamp was found—when I first saw the prisoners in Church-row, I saw two females pass, and that was all.
Cross-examined. Q. Had Cully been on the same side as Wood?A. He was taken in the Brixton-road, just at the corner.
GEORGE FULLER . I am a stableman, of 1, Church-row. On the night of 2nd Dec, I saw Gibbs with one prisoner in his custody, and in consequence of what he said I went and found this lamp about forty yards below the carriages, under a tree—I did not go to look at the carriages—I went by and came under the tree.
Cross-examined. Q. How far is the tree from the road? A. It stands at the corner of the road, and the foot-path.
horse in the stable, left the carriage outside, and went into the house—I saw the carriage from six o'clock till ten minutes after; both the lamps were safe then—I was afterwards shown this lamp; it is my master's, and had been in the carriage, the pair are worth about 50s.—I missed it when the policeman came to me, a little before seven o'clock.
Cross-examined. Q. You had been drinking a considerable time there? A. No; I was ordered to wait till a quarter before nine—I had been sitting in the public-house where coachmen generally go when they are out with a carriage—I had had a pint of beer there—it was Mr. William Spice's carriage—I never lost a lamp before—the lamps were not lighted.
Wood's Defence. I am entirely innocent; I was on the footpath when the policeman took me.
CULLY— GUILTY . Aged 23.
WOOD— GUILTY . Aged 29.
Confined Twelve Months.
Before Mr. Recorder.
421. THOMAS HIGGS, WILLIAM GREEN , and GEORGE GIGGS , stealing 36 trusses of hay, value 3l. 10s.; the goods of John Edwards Bennett, the master of Higgs.—2nd COUNT, charging Green and Giggs with receiving. MR. PARNELL conducted the Prosecution.
JOHN EDWARDS BENNETT . I am a corn-merchant, at King's Arms Wharf, Belvedere-road, Lambeth. Higgs was in my employ as a carman on 6th Dec., and had been so for six or seven months—Mr. Reddin, of Holland-street, Blackfriars, is a customer of mine—on Monday, 9th Dec., I went to Mr. Taylor's premises, near the Horns, at Kennington—I found there half a load of second-cut clover hay tied with canary straw bands, which is very unusual—there was nothing particular about the quality of the hay, only its being second-cut clover—I also went to Mr. Dack's, a corn-dealer, in Lambeth-walk—I found about half a load of hay there, of the same description, tied in the same way, and similar in every respect—I had some hay of that description at that time, and on the previous Friday one load of it went to Mr. Reddin's by my order—I sent six loads to Mr. Reddin's on Friday, and one of them was this clover tied with canary straw bands—I saw Thomas Higgs take that load out of the yard about three o'clock in the afternoon—in consequence of information I went to George Giggs—he is the brother of Edward Giggs, who is in my service—George Giggs had bought two loads of hay of me sometime in the early part of that week—he had a written order from me to fetch one of those loads from the Great Western Railway—the hay that I sold him one load of, was lying there, and the bulk from which the other load was to come was at the Southampton Railway—the hay that he bought of me at the Great Western Railway was cinquefoil hay, and the other was black clover hay, neither of them were similar to this second-cut clover hay—they were very much inferior—he gave me 45s. a load for the two loads he had—the hay I found at Taylor's and Dack's was from 15s. to 1l. better—
it was worth about 3l. 10s. a load—on the Monday I saw George Giggs in Stangate Mews, at the back of Astley's Theatre—I asked him if he had received a load of clover off a cart of mine on the Friday afternoon—he said he received no clover of mine on Friday afternoon—I then asked him where he got the load of clover that he sold to Dack and Taylor on Saturday—he said, "I bought two loads of you the beginning of the week"—I said, "You did, but this clover was from neither of those loads, but quite different"—he said he bought a load of clover of some man in Westminster, but he did not name any one—I said, "Who is that man, point him out to me and I shall be satisfied?"—he then said, "I can't tell who he was, I never saw him before, I don't know where to find him"—I then said, "Show me the receipt for the load of clover?"—he replied, "I have got no receipt, I keep no books"—it is the custom in our business to send an invoice and delivery-note with any quantity of goods we send to a customer, and it is the duty of the carman to get that note receipted by the clerk, or some person at the customer's—this is the note for six loads of clover, on Friday, 6th Dec. (produced).
Cross-examined by MR. PAYNE. Q. There was nothing particular about this hay? A. Nothing very particular—other persons may have had that sort—I was not aware that I had any bound with these canary bands till I saw it—I got proper delivery-notes for the six loads that were sent to Mr. Reddin's—Hopkins is in my employ—I think there was one examination before the Magistrate previous to Hopkins being taken as a witness—I think there was an interval of a week between the examinations—I had conversation with Hopkins between the first and second examinations—I had conversation with all my men—I had no particular conversation with Hopkins till he gave me information—I gave general information at my wharf that I would give any man two guineas to tell me the truth of this affair—after that Hopkins told me something—I did not give him a good routing—I never used any threat to him—if he has ever said I did, it is untrue—I did not call him an old beggar, and say I would kick his guts out—Higgs was in my employ a week after this happened; it was only when Hopkins had given information, that he left—if men go out with a load and sell it, they may not go back and get another load; I forbade that eight or nine months ago—if they get an order they must come back to me with the order—I employ my men constantly—to the best of my belief Higgs was constantly employed for the seven months—I have a foreman named Trampleasure—I cannot say that the men are not sometimes told that they are not wanted for a day or two, if there is no barge to unload—they would not be paid for those days, but that is very rare.
Cross-examined by MR. WOOLLETT. Q. Where did you get this hay tied with canary bands? A. It was sent to me from Kent, perhaps ten or twelve loads, from Mr. Laslett—he deals largely in this way—he sends me a large quantity of goods—I had perhaps had this a day or two before it was sold—it came from him tied with this canary straw—I cannot tell how many loads there were; from eight to ten—I went to the Great Western, and saw the hay there was tied with canary bands, then I went to Taylor's, and found that was tied so—I had not noticed it before—I have from fifteen to twenty men in my employ—my foreman sells in my absence—I have a salesman also who sells very largely—I do a very large business.
Cross-examined by MR. BALLANTINE. Q. This canary straw is more generally used in Kent than elsewhere? A. It grows in Kent—I do not buy much hay—I do not allow my men to sell loads unless they have an order—for the last nine months I have disallowed it—I do not know that it has been done—I did not see the hay that Giggs bought of me—there was a delivery of it by the railway—I gave him the order to go to the railway to fetch a load of cinquefoil hay—it was bound in some way or other.
MR. PARNELL. Q. At the time you sold him these two loads, had you at the Great Western or the South Western any hay similar to this? A. Nothing like it; quite distinct—I noticed Higgs go out with a load at three o'clock on the Friday—I did not notice that his load was tied with canary seed, but I noticed it was different to the other hay, and it was of the same sort as that in the boat which was tied with canary seed straw—I noticed its quality and found it was of the same sort as that which I afterwards found was tied with canary seed straw—I have compared the hay found at Taylor's and Dack's with the bulk that I have tied with canary straw, and it corresponds exactly.
RICHARD TRAMPLEASURE . I am foreman to Mr. Bennett. On Friday, 6th Dec., I gave direection to Thomas Higgs to take two loads of hay, and four other men to take one load each to Mr. Reddin's—I was in the office when Higgs left the premises with his loads—he took one about eleven o'clock, or a little later, and the second load about three—there were six loads left altogether—he had to take them about a quarter of a mile, to Holland-street, Blackfriars-road—Coombs took the last load, and he brought me back this delivery-note—that was the last load of the six that were sent to Mr. Reddin's on that day—three loads more were sent to him the next day—my attention was called during the next week to two trusses of hay that were brought—I found they were tied with canary bands—I compared them with the remainder of the bulk—they appeared to correspond—the trusses were brought from Mr. Taylor's by a young man named Coombs—Higgs was not taken till the Tuesday week—in the interval between the Friday and his being taken, I spoke to him about the loads of hay that he took to Mr. Reddin's—I said I had heard there were two loads of clover missing—he said he had delivered the loads—it was his duty to deliver the two loads that I gave him, to Mr. Reddin—he did not at any time give me any account of his not having delivered the two loads there.
Cross-examined by MR. WOOLLETT. Q. YOU do not mean to say it is singular to tie hay with canary bands? A. Yes, it is rather singular—it is done in Kent—I know that the men are allowed to purchase hay on their own account—it is allowed by Mr. Bennett for them to do a little business of their own—Higgs took the first load on the Friday—William Robinson went with him—they had a load each—I did not see them go out of the yard—I was in the yard or in the office—I can speak distinctly as to the hay leaving the yard—I gave the men orders to take it—Mr. Reddin deals with other persons beside my employers.
THOMAS DINN . I am clerk to Mr. Reddin Holland-street, Blackfriars. Green was chaff-cutter to Mr. Reddin—it was his duty to receive the hay at the yard—he would then bring the delivery-note in the office and get it signed by the clerk—this delivery note is signed by Mr. Reddin's other clerk, Mr. Corder—on Wednesday, 11th Dec., I went to the place
where the hay is kept—I there found some of the hay that had come from Mr. Bennett's—there had come three more loads on the Saturday, for which I signed the ticket—I found on the Wednesday only eighty-three trusses, and six untied, which would make eighty-nine—nine loads would contain 324 trusses; there are thirty-six trusses in a load—Green had not cut any chaff on the Monday, all he had cut was on the Friday and Saturday—on Monday Mr. Reddin ordered him to cut no more—he would cut from thirty-five to forty trusses in a day—I should think he would not be able to cut 100 in the Friday and Saturday.
Cross-examined by MR. WOOLLETT. Q. When did you hear of this matter? A. On the Monday, from the other clerk—the hay was not counted by me till the Wednesday morning—Green was in custody when I examined it—he had access to it on Friday and Saturday—he had not always access to it—it is a granary—I believe it was not locked—Mr. Reddin has sometimes 100 men in his employ—he is a general contractor—he has seventy or eighty horses; sometimes more—we never had but one chaffcutter—it was Green's duty to see the hay delivered—if he were engaged in chaff-cutting or in any other way, it would be a breach of duty if he trusted that to any other person—it was his duty to receive the hay into the same place where the engine is—there was no other person there except a boy, who prepares the trusses for the machine—I should not consider it an extremely great breach of duty, if he was engaged, if he were to trust the seeing the hay delivered to another person—I should have expected he would have come and told us, and we should have appointed another person.
MR. PARNELL. Q. Did you see this note signed? A. No; but I can swear to the signature—it is the duty of the chaff-cutter to tell the clerk if things are delivered correctly, and get the clerk to sign the note if they are.
EDMUND REDDIN . I am a contractor, and live in Holland-street. On Friday, 6th Dec., I bought six loads of second-cut clover-hay of Mr. Bennett, at 70s. a load—I saw some of Mr. Bennett's carts on that day, delivering hay—it was in the dusk of the evening—I think there were three carts in the gateway at one time—I saw the men passing, but I did not take notice of any one—on the following morning I saw two empty carts go from the gateway, as though they had delivered some—on Monday I spoke to Green, who was my chaff-cutter—I asked him whether the quantity of hay that the notes had been delivered for, had come in, and in what part of the loft it had been put—he said nine loads had come; six on Friday, and three on Saturday morning—I had not the notes with me then—I was in the loft with him, and he showed me the place where it was put—I asked him what quantity he had cut from the stock delivered on Friday—he said, "Fourteen or fifteen trusses on the Friday, and seventy-four on the Saturday"—he said he had cut none that morning, but he had opened six—I then desired that he would remove all that had been delivered from Mr. Bennett's on the Friday and Saturday, to the further end of the granary, and discontinue cutting any more from that quantity—I remained in the loft while it was removed—Green was given into custody on the Monday, at two o'clock; and on the following Wednesday I counted what he had put together, and found eighty-three trusses.
COURT. Q. Did it appear then in the same condition and the same quantity as when you left it on Monday? A. Precisely so—it had not been disturbed at all.
Cross-examined by MR. WOOLLETT. Q. Green has been about nine years in your service? A. Yes, and trusted with a great deal of property—he keeps no memorandum of what he does, but merely trusts to his memory—he was in the loft when I went to him on Monday morning.
PATRICK SHEA . I live in Castle-street, and am a labourer, in Mr. Reddin's employ. I work under Green—I remember the hay coming on Friday, 6th Dec.—the first came about eleven o'clock in the day—I do not know the man that came with it—I did not see Higgs there that day—five loads of hay came that day; Green and I took it in—we took in all the hay that was brought there—I did not see a delivery-note produced—Green used to get the ticket, and take it to the office—I did not see him take the ticket that day—I saw some straw brought there that morning—I do not know the man that brought it—I did not help to take the straw in; I saw it brought; I think Higgs brought one load; I saw him there; I did not see him there afterwards, when the hay came—Mr. Green was there at the time he brought the straw; he took it in—next day, Saturday, about eleven, Green gave me 6d., and he said he had got 2s. from the salesman, for a drop of beer—he had never given me 6d. before.
Cross-examined by MR. WOOLLETT. Q. How do you know this was on the Friday? A. I helped to take it in—I did not mention this till the Tuesday week following—I was not called up before—my master did not speak to me before Friday—I go to dinner at one o'clock, and stay an hour—I was sifting chaff that day—I did not see Higgs bring any hay—all I saw brought was five loads—Mr. Reddin's premises are very large—a great many carts come in and go out—I keep no book of what comes in or goes out.
Cross-examined by MR. PAYNE. Q. Are you quite sure that there were two loads of straw delivered that day? A. No, I made a mistake the other day, in saying there were seven loads in all; there was only one load of straw that day.
COURT. Q. What was the mistake you made? A. I said there were seven loads in all, and there were only six; five loads of clover, and one of straw.
MR. PAYNE. Q. On your oath, were there not seven loads delivered on Friday? A. No; I thought the two loads of straw came in on the Friday, the rest of the straw came on Saturday morning—there was another boy besides me on the premises on Friday—he is not here—there were plenty of men about—I do not know the other boy's name; he lives in Green's house—he was there on the Friday, but not helping to take in the clover—I go home at six o'clock, and then have tea—I was at the first-examination, but I was not examined—I had no conversation with any one before I went up—Mr. Reddin asked me where the clover was put, and I showed him—I know nothing about two guineas—the men who were there on that Friday were working down the yard—they had nothing to do with receiving the clover-hay.
COURT. Q. On this Friday you say there were five loads of cloverhay taken in, and you helped Green to take it in? A. Yes; the other
boy was there; he is about as tall as I am; I do not think he is so old-Green was helping all the time the hay was delivered—I was there all the time it was taken in—it is my business to untie the trusses of hay, and hand it to Green, to put into the machine—during the whole of that Friday I do not remember Green employing any person to take in any hay for him—all the hay that was taken in that day was taken by Green himself.
WILLIAM HOPKINS . I live in Mason-street, Stamford-street. I received directions on 6th Dec., from Mr. Trampleasure, to take some clover-hay to Mr. Reddin's—I left about four o'clock, as near as I can guess—Thomas Higgs and Kicks went with me, and Coombs came after—we three had each a load; and when we got a little way out of Mr. Bennett's yard, Higgs said to me, "Old fellow, one of these loads belongs to us"—I said, "What do you mean, Tom?"—he said, "Why one of these belongs to us, we shall have one of these loads ourselves"—I said, "No, Tom; I will have nothing at all to do with it"—he said, "Yes you shall"—I said, "No, I won't, by God!"—nothing more passed at that time—the three carts kept together, and we went on to Mr. Powell's, in John-street, Commercial-road—one of the two men there ordered a pot of ale, and they made me have a glass—I left the other two at Powell's, and I went home to get my dinner, in Mason-street—that was in my way to go to Mr. Reddin's—I took my load of hay to my house; it stood before my door while I got my dinner—after that I went with it to Mr. Reddin's—I saw Kicks there, and Green was there, but Higgs was not—I did not see him at Mr. Reddin's at all—Coombs came afterwards—when I had delivered my hay, we came away to a public-house in Holland-street—there was Kicks, Coombs, Green, and I—we had a drop of beer; and when we came out, Green jumped into Coombs's cart, and they went galloping on; I and Kicks went gently after—they said we were to go to Powell's—I said to Kicks, "What does he say?" he said, "He says we are to go to Powell's"—I went there, and Coombs's cart and Higgs's cart were both there—Higgs's cart was then empty—when I left it there before, it was full, and it had got a load of second-cut clover on it—I went into the tap-room at Powell's house, and they stood at the front of the bar—after some time, Higgs came into the taproom, and said, "How are you, Mr. Hopkins?"—he caught hold of my right-hand with both his hands, shook my hand, and shoved 5s. into my hand—I said, "Tom, what is this for?—he said, "That is what I owe you"—I said, "You don't owe me nothing"—he said, "Go on, you stupid old man;" I said, "I won't have it;" he said, "Go on, you stupid old man, you shall have it"—I kept it till I got out of doors—I would have given it him again, but he would not take it—I told him I wanted to give it him again—I said, "Here is this money back again, Tom, for I won't have it"—he said he would not have it—Green had gone some little time before Higgs put the money into my hand—Stangate is about half a mile from Powell's beer-house—I should think I was not away from Powell's more than an hour and a half or an hour and three-quarters before I got back—we started off about four; I do not think it was six when we got back.
Cross-examined by MR. PAYNE. Q. When you could not persuade Higgs to take it back, you put the money into your pocket? A. Yes; I
bought my little niece a pair of shoes with it—I will swear I did not know what it meant when Higgs said, "That is what I owe you"—I remember the conversation before about "One of these loads is ours"—Mr. Bennett asked me about this once, before I went up to give evidence; I do not know the date—the first time he spoke to me was on the Monday week after the Friday—when he spoke to me about it, I did not tell him that all the loads were delivered.
Q. Did you not tell him that all the loads were delivered, and then did not Mr. Bennett press you, and then did you not tell him differently? A. I told him different to what I did the first time—I never told him about the man saying, "One load is ours," and giving me the 5s., till after he had spoken to me—I told him the second day—I did not tell him first that all the loads were delivered; I said that Higgs's cart was outside—he asked me if I saw it unloaded—I said, "No," because I went to my dinner—I suppose I was about half an hour at my dinner—I have said that Mr. Bennett blowed me up and threatened me, because I did not tell him the truth the first time—he said if I did not tell him the truth he would have me locked up the same as the rest; I was as bad as the rest—I do not remember what words he used—I have not told anybody that he said to me, "You old beggar, if you don't tell me the truth, I will kick your guts out"—if I was on my deathbed, I never did—I have, had to fetch coals from Mr. Feltoe's, at Lambeth—I never asked one of his men to take a little out of each sack, and make up a sack for me—the man did not refuse to do it, and say he would have nothing to do with it—I said to one of the men, "I wonder whether Mr. Feltoe would let me have a sack for myself?"—I did not say to Bailey that I wished he would take a little out of each sack, that I might have a sack for myself—I said to Mr. Hayes man that I wanted to know whether Mr. Smith would let me have eleven sacks, as I wanted one for myself—if I had had it I should have paid for it—I know about the two guineas—Mr. Bennett said if I would tell him the truth be would give me two guineas—I did not tell him the truth that day; but when he threatened to send me to prison, then I gave him this account.
Cross-examined by MR. WOOLLETT. Q. What time did you see Green on that Friday? A. A little before five o'clock; I was only in his company while we unloaded the three loads at Mr. Reddin's, which took about three-quarters of an hour—the public-house that we went to after we had unloaded, is not more than 100 yards from Mr. Reddin's—Green went with us there, and then he went into Coomb's cart, and rode to Powell's.
MR. PARNELL. Q. Was Smith clerk to Mr. Feltoe? A. Yes; I was fetching coals for Mr. Bennett, and I wanted one sack for myself; as I was going by my own door I thought I would take one home—I told Mr. Bennett everything that I have said now—I told him that I never saw Higgs' cart at all at Mr. Reddin's, and he told me I must come down to the office; then I told him about the money—the first time he said to me, "Do you know anything about this hay job? if you tell me the truth I will give you two guineas"—I said I went to my dinner—he asked me whether Higgs unloaded his load at Mr. Reddin's—I said his cart stood outside when I got there.
sixteen trusses of hay of him—I saw him in Lambeth-walk in the middle of the day—he had not the hay with him—the sale was made in the open air—I was to give 3l. 6s. a load—I received the trusses in the afternoon—I did not at that time notice anything peculiar in the way that they were tied, but I afterwards noticed they were tied with canary-seed straw—I never knew that to be done before—I showed the same hay to Mr. Bennett, on Monday.
Cross-examined by MR. BALLANTINE. Q. Do you mean you have never seen hay tied with canary-seed straw before, or do you mean you have not noticed it? A. I have not noticed it, but I believe it is used in different parts of the country—this is one of the bands—George Giggs is a hay-jobber, a man who buys and sells on his own account—I have not bought of him these two years—I did not see this hay till he brought it up—I was not present at the delivery—when I came he was present—it was in the daytime, and done openly.
MR. PARNELL. Q. When did you pay for it? A. On Sunday morning—I told him if he would let it be till the morning I would pay him, and he did.
JAMES DACK . I live at 2, Lambeth-walk, and am a corn-dealer—I know George Giggs—he is a hay-jobber. On Saturday, 7th Dec., I met him in the Walk—he asked me if I would buy a load of clover—Mr. Taylor was there—I agreed to pay 3l. 6s. for the load—I bought the load, and Mr. Taylor took sixteen trusses—Giggs delivered it at my place the same afternoon—I showed the same hay to Mr. Bennett on the Monday—he pointed out the canary straw that it was tied with—I never saw any tied so before.
THOMAS GARFORTH (police-sergeant, L 7). I took George Giggs into custody on Monday, 9th Dec.—I told him he must consider himself in my custody for receiving a load of hay, knowing it to be stolen, belonging to Mr. Bennett—he said, "I don't know anything about it: I bought two loads of clover last week of Mr. Bennett, one I fetched from the Great Western, and the other from the Southampton Railway."
CHARLES BURGESS GOFF (police-sergeant, L 8). On Monday, 9th Dec., I went to Mr. Reddin's—I saw Green there—I heard Mr. Reddin ask him if the clover had been sent in correctly from Mr. Bennett's; he said it had—he asked him when, and he said, "On Friday and Saturday"—he asked him how many loads had been sent—he said, "Nine, and two tons of straw"—I understood him to say two tons—I then asked him how many loads of clover were delivered on Friday—he said, "Six, and three on Saturday"—on 17th I took Higgs into custody—I said it was for a load of clover that he had been sent with from Mr. Bennett's to deliver to Mr. Reddin—he said he had delivered it—I produce three straw bands—I got one of them from Mr. Bennett's, one from Mr. Dack's, the other from Mr. Taylor's—I have compared them, and they appear to correspond—I examined the hay at Mr. Reddin's—I could find no straw bands similar to the bands that are here—there were wheat-straw bands on the hay in the loft where Green was, but none of this description.
Cross-examined by MR. WOOLLETT. Q. Did you take a memorandum of this conversation? A. No; I will swear Green said nine loads of clover, and I believe two tons of straw—I am not certain whether he said one or two tons of straw.
COURT to CHARLES TAYLOR. Q. Was there any market at Lambeth-walk?
A. Not a hay-market—there was Whitechapel and Smithfield markets that day—I have seen George Giggs at Whitechapel-market.
(George Giggs received a good character.)
HIGGS— GUILTY of Stealing. Aged 37.
GREEN— GUILTY, of Stealing. Aged 36.
GIGGS— GUILTY of Receiving.
Confined Twelve Months.
MR. PARNELL conducted the Prosecution.
JAMES EDWARDS BENNETT . On 6th Dec., Edward Giggs was one of my carmen—I had an order to send six loads of hay and some straw to Mr. Reddin—it is my practice to send a larger quantity than is ordered, if the loft will hold it—my foreman gave orders for sending some on Saturday morning, 7th Dec.—on Monday the 9th, I went to John Maskell's house—I found there a load of hay of precisely the same quality as some I had on my premises, and which was sent to Mr. Reddin's—it is our custom to send a delivery-note—I have a delivery-note relating to the three loads sent on Saturday; this is it.
RICHARD TRAMPLEASURE . I am foreman to Mr. Bennett. In consequence of a message that was brought to me on Friday night, 6th Dec., I on the following morning sent three loads of hay to Mr. Reddin by Edward Giggs, James Houghton, and William Thorn—this is the delivery-note that was sent—I made out the ticket for two loads—I told the third man to call there, and if Mr. Reddin had room to take the load in, to leave it, and alter the "2" to a "3"—I do not know who I gave the note to—Green brought it back in the evening.
Cross-examined by MR. WOOLLETT. Q. What time was this? A. Early in the morning; that was all the hay that went to Mr. Reddin that day.
WILLIAM THORN . I am a carter, in the prosecutor's employ. I was directed by the foreman to take some clover-hay to Mr. Reddin's on Saturday, 7th Dec.—there were three loads; I took one, Edward Giggs and James Houghton took the others—Edward Giggs had a load of cinquefoil, the other two had clover—I had the delivery-ticket—when we got to the Commercial-road, Edward Giggs said he was to take my load, and I was to take his; that he knew of a customer for my load—I took his cart, and he took mine—this was soon after seven in the morning—I took my load to Mr. Reddin's, delivered it to Green, and Houghton delivered his load at the same time—I altered the "2" to a "3" in the delivery-note, and gave Green the note to give to the other man—Edward Giggs said if he unloaded his load where he was going, he or one of us could get another load to make up Mr. Reddin's compliment, and if he did not unload where he was going, he would take it up to Mr. Reddin's—when I had delivered my load, we came back to Holland-street, and stopped at the public-house—when I came out of the public-house, and was standing at the door, I saw Edward Giggs' cart coming in a direction from Mr. Reddin's—he said the customer where he went did not have his load, and he took it to Mr. Reddin's, and delivered it there—that was half-past nine or more.
and nine o'clock, he came to my house, and asked if I wanted any clover—I said, "Not particularly"—I asked him the price—he wanted 3l. 10s.—after some little conversation I said, "I will give you 3l. 5s."—after a short time he agreed to take it—I paid him 25s., in part.
Cross-examined by MR. PAYNE. Q. Was that about the price of it? A. Yes; I had been buying some at the same price just before—I had bought clover of him before, but not for I should think two or three months before.
COURT. Q. Did you know he was in Mr. Bennett's service? A. I did; I had bought several times of him—I know sometimes they bring a load out to sell, and on one occasion I bought a load of him, and went to the counting-house, booked it, and paid for it—that was twelve months before—I knew he was entitled to sell a load of hay.
MR. PAYNE to RICHARD TRAMPLEASURE. Q. Supposing the men are taking out a load, and find a customer who wishes to have it, has it been the practice for them to sell that and go for another load? A. Sometimes they come in and say they have a customer for a load of clover; but when they have a load to take to a certain place, it is their duty to go there—they have sold a load which they were taking to a customer, and had a reprimand—they have been allowed to buy a load themselves and sell it—they come in and say, "What do you want for such a load of hay, I have got a customer?"
MR. PARNELL. Q. When they have sold a load in this way, have they come back and taken a fresh load? A. Yes; they have no right to sell at a lower price than Mr. Bennett does—they ask me or Mr. Bennett the price—the price of this was 3l. 10s.—he would have no authority to sell this for 3l. 5s.
PATRICK SHEA . I am in the employ of Mr. Reddin, under Green. 1 recollect two loads of hay coming on Saturday, 7th Dec, at eight o'clock—I was there, but did not help to take them in—I went out at eight, and came back at half-past—the two carts were then going outside the gate empty I did not see a third load—I did not see Edward Giggs there that morning—Green and the two men that brought the hay were taking it in—Thorn was one of the men; I do not know the other—Green gave me 6d. on Saturday at eleven, and said he had got 2s. from a customer.
Cross-examined by MR. PAYNE. Q. You cannot say Edward Giggs was not there? A. No; the other boy was not there—there were no men about the yard, they were gone to breakfast.
THOMAS DINN . The prisoner Green was chaff-cutter to Mr. Reddin—it was his duty to take in hay—he brought me this delivery-note on Saturday afternoon, 7th Dec.—I said, "Is this hay from Mr. Bennett's?"—he said, "Yes"—that was all that was said.
Cross-examined by MR. WOODLETT. Q. Did you direct him to take the ticket to Mr. Bennett's? A. No, I never knew him to do it; his general practice was to get the ticket signed by one of the clerks, and give it to the man who brought the hay—if Green took this note to Mr. Bennett's, he did it without my knowledge—it was a little out of the routine.
EDMUND REDDIN . I was to purchase six loads of hay of Mr. Bennett on Friday, 6th Dec, and that afternoon I saw some carts coming out of the yard—next morning I saw two empty carts of Mr. Bennett's at the end of the gateway—I said nothing to Green that day about it, but on the Monday I asked him the quantity of hay delivered on Friday and Saturday
—he told me there were nine loads, six on Friday, and three on Saturday morning—I then asked him about the chaff-cutting, and he gave me an account of fourteen or fifteen trusses being cut on the Friday, and seventy-four on Saturday, and he had six trusses loosened for cutting—I desired him to put it in one part of the granary—I counted it—there were eighty-three trusses, and six were opened.
Cross-examined by MR. PAYNE. Q. Though you have not ordered more than these six, and three loads, has it happened that you have received more than you ordered? A. Yes; but if I had been there I should have rejected them.
Cross-examined by MR. PAYNE. Q. Did you not represent that you charged him with stealing some hay? A. No; I told him it was concerning some hay of Mr. Bennett's—I did not know the particulars of the case—Mr. Bennett was with me, he told me to take him.
GIGGS received a goood character.— GUILTY . Aged 33.—Recommended to mercy by the Jury.— Confined Nine Months. GREEN— NOTGUILTY .
Before Mr. Common Serjeant.
MR. METCALPE conducted the Prosecution.
WALTER ROBINSON . I live at Sylvan-cottage, West-street, Walworth. About half-past twelve o'clock on Christmas night I met the prisoner near St. George's Church in the Borough—I went with her to a house in Flint-street, Friar-street—I went up-stairs and took off my coat and waistcoat—I had a watch in my waistcoat pocket, with a braid guard attached to it, which was round my neck—I did not leave the watch in my waistcoat pocket; it was hanging to my neck; after I had been there a few minutes I missed it—the prisoner was sitting on the bed close to me—I accused the prisoner of taking it—she denied it—I picked my guard off the carpet; it had been cut from my neck—I then took the prisoner out of the house—I asked her to go out—I then seized her, threw her down, and called for assistance—a policeman came; we both got up, and I gave her into custody—I accused her of taking my watch—she denied it, and said I had it on my person—she asked me to search—I had put on my coat and waistcoat again, and I searched every pocket, including those by the fide of my coat—a policeman came and the prisoner said, "Search your pockets again, you have it on you"—she came close to me, and I felt her hand touch my right-hand coat pocket—I put my hand in that pocket and found the watch—I gave it to the policeman—I had been drinking, but was sensible of what I was doing.
Cross-examined by MR. PAYNE. Q. What are you? A. I am articled clerk to the firm of Habersham and Co., architects, Bloomsbury-square—I had been to spend the day with a friend of mine in Martin's-lane, Cannon-street, a wine-merchant—I had not met with any one before I met the prisoner—I did not tell her I had met with some one—I paid her 5s.—I was not in the room with her ten minutes—I left my watch dangling against my shirt—I did not when I took off my coat and waistcoat put it
myself in my coat pocket; my handkerchief was in that pocket—I have no pocket behind my coat; I have never said that I had—I have not said that I felt in my right-hand coat pocket behind—I asked the prisoner to come out and she did, and I threw her down on her back in the street—I wanted to stop all night with her—she did not want 10s. more for that—I did not say, "I will give it you, but come out and have some lush, and I will settle with you.
JAMES JENNINGS , (policeman M, 59). About half-past twelve o'clock that night I went to Flint-street—I saw the prisoner on the ground, and the prosecutor with his legs across her, keeping her down—he said, "Policeman, this woman has got my watch, and here is my guard"—he produced this guard to me; it is cut or broken—they both got up—the prisoner said, "I have not got the watch, search about, you have got the watch yourself"—he searched his right-hand coat pocket, in my presence, and all his pockets, and found nothing—the prisoner said, "You have not searched enough, search again, you will find it"—she came across—she had the watch in her left-hand, and I saw her put it into had pocket—I had my light turned on—he immediately found it in his pocket, and gave it me—this is it.
Cross-examined. Q. Where were you standing at that time? A. Between them—before I could seize her hand she put the watch into his pocket—she came partly past me, and put her hand across—she did not put her hand across to show him the pocket he would find it in.
NOT GUILTY .
HARRIS pleaded GUILTY . Aged 14.
PARSONS pleaded GUILTY . Aged 14.
KNOTT pleaded GUILTY . Aged 14.
Confined Three Months and Whipped.
GUILTY .— Confined Two Months.
ISAAC ARNOLD . I am a roller-maker, of Newington. On 6th Jan., between one and two o'clock in the morning, I saw the prisoner close to London-bridge—she asked me to treat her—I went into a public-house, and treated her—I left the house—she came out with me—I wanted to leave her—she would not go from me—she put her hand into my pocket and took my money—I asked her to return it to me—she said she had not got it—I had one shilling and two sixpences—I am not aware whether I had any 4d.-piece—I told her I would give her into custody if she did not return it—she said she had not a farthing of money about her—a policeman came up—I charged her with stealing the money—she told the policeman he might search her; he would find no money—when we got to the station she put down one shilling, two sixpences, and one 4d.-piece, on the desk, and said I had given it her—I had not given her a farthing.
Cross-examined by MR. BALLANTINE. Q. What time was this? A. I met her about one o'clock—when I first saw her I was not rolling about; I was not the worse for liquor—I allowed her to speak to me—I wanted to get away from her—I am married, and have a family—I had been to a friend's, at Haggerston—I believe the public-house I went into was the Talbot—I was only in there a few minutes—she had a quartern of gin; I drank part of it—she did not ask me to go up-stairs; she asked me to go somewhere with her after we got out—I had not taken any liberty with her—I went into the public-house to treat her—I believe she is a woman in the street—I gave her something to drink, being so very cold—I should say I was a quarter of an hour in the street with her afterwards—we were walking slowly—she would not let me go—she was hanging on my arm—my arm was hanging down by my side all the white; I am sure about that; it Was not round her waist—one of my hands might have been in my pocket—her hand was not in my pocket at that time—my money was taken out of my right-hand coat pocket—I had left my friend's at Haggerston about a quarter before twelve o'clock, and was going home.
FREDERICK GLENDON (policeman, A 484). I was on duty—I received the prisoner from the prosecutor in High-street, Borough—he charged her with taking a shilling and two sixpences, he would not be sure whether he had a 4d.-piece or not—she said she hoped I would not take her from such a false statement; if I would search her in the street I should find she had not a farthing on her—I said it was not my duty to search her—she went to the station; and when about to be searched, she put down 2s. 4d. on the desk—she said the prosecutor gave it her—he Said he did not.
Cross-examined. Q. Is this your handwriting to this deposition f A. Yes; there is nothing about her saying she had not a farthing about her, but I stated that before the Magistrate—I do not remember that I was told that, if I desired to alter it, or to add to it, I was to do so—I do not recollect the clerk reading it to me; he read it to the prisoner in my presence, and then I signed it—I did not desire any alteration to be made in it.
NOT GUILTY .
OLIFF MILLSOM . I am the wife of Frederick Waller Millsom, of 34, King-street, Borough-road. On 6th January, about one o'clock, I saw the prisoner coming down the stairs at our house; she had no business there—I had never seen her before—t had just stepped across the road, leaving my street-door open—I was only out a minute—she had this shirt under her arm—I asked her what she had got; she said she had got nothing at all—I took it from her, and then she said somebody had given it her—afterwards she said somebody put it under her arm—it had before been hanging on a line over the stairs—I saw it safe about an hour before—it is my husband's.
Prisoner. I was very tipsy. Witness. She appeared to be tipsy, but at the station she was sober.
Prisoner's Defence. I cannot deny having possession of it; how I became possessed of it I cannot tell, being intoxicated.
GUILTY . ** Aged 31.— Confined Twelve Months.
ELIZABETH GORBELL . I am a widow, and live in Spa-road, Bermondsey. The prisoner was in my service for two months and a fortnight—she left on 23rd Dec.—after she was gone I looked in my drawers, which were not kept locked, and missed a pair of stays, two shifts, two petticoats, a box of trinkets, and a negligeee—they were safe about a week before—I had no other servant—I inquired, and found the prisoner in another situation, in Theobald-street—I went and spoke to her about the things—she said she took them, and promised to send them back, but she did not—I saw her again last Tuesday evening—her brother and sister were with me—she was undressed, and this shift and stays were found on her—this petticoat had been found on her the previous evening—I saw her afterwards give this other shift to her sister—I afterwards saw this negligee broken—she had given it to some children—these are the articles, they are mine.
Prisoner. She owed me 1s. 10 1/2 d.; the shift I had on was not hers, it was my mother's; I never saw the trinkets; my mistress gave me the stays.
GUILTY . Aged 16.—Recommended to mercy by the Jury.—The prisoner's sister stated that her former mistress would employ her— Judgment Respited.
Before Russell Gurney, Esq.
THOMAS SAMPSON . I am a stone sawyer, of End-street. On 26th Dec., I was at the Swan public-house, between five and six o'clock, drinking a drop of porter with four or five others—twelve or fourteen men came and burst the door open—the prisoner and his mate were the first that came in—I was standing at the fire warming a drop of beer, and I put the pot over the fireplace—I caught up the poker to hide it behind a seat—the prisoner caught hold of it, and because I would not give it up to him he took the pot off the shelf and hit me on the head with it, which knocked me down, and I let go of the poker—I had had no quarrel with him—he was not tipsy—I have drank with him before—as I was getting up, a young chap up with his fist and gave me a black eye—the prisoner was by at the time.
WILLIAM HOLTON . I was with Sampson, and saw the prisoner rush in to take the poker from him, and because he would not let him have it he took the pot from the mantel-shelf, and knocked him down with it—another man came up and kicked him as he was getting up—Sampson had not used the poker in any threatening way, he was hiding it.
THOMAS MORRISS . I am a surgeon, of Peckham. Sampson was brought to me next day with a wound on his head—I did not ascertain the depth of it as it was scabbed over—I have no doubt it was a severe blow—there was a bruise all round it—it might have been inflicted with a quart pot.
MARY LEWIS . I was at the public-house, and saw the prisoner come in with two others—twelve or fourteen followed them—one of them knocked a man down senseless under the table—Sampson took the poker from the fireplace and hid it—the prisoner tried to get it from hit hand, and as he could not he took a quart pot and hit him on the head—he had done nothing to provoke him; not a person in the house had said a word to any of them—they dragged Sampson out of the room by the hair, threw him up against the bar, and left him there senseless.
Prisoner's Defence. I had been drinking; I heard there was a row at the Swan, and went there; Sampson and one of the neighbours were fighting; he had the poker in his hand behind him; I tried to get it, but knew no more about it.
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Justice Patteson.
MR. PLATT conducted the Prosecution.
JOSEPH CROXALL . I live at Warren Farm, Wimbledon, and am game-keeper to Mr. William Day, who lives in the Strand, and rents the right of shooting over Warren Farm. On 12th Dec, about half-past six o'clock in the evening, I was on the look out, and heard the report of a gun in the preserve called the Fish-pond—that is part of the ground that Mr. Day rents the right of shooting over—the ground belongs to a farmer named Rex—a man named West was with me—we went towards the spot, and saw three men, of whom the prisoner was one, for I had known him two years; he was getting over the hedge out of the Fish-pond preserve into an enclosed field—there is game there—it was a moonlight night—I went up to the men, and asked them what they were doing there—one of them, who I supposed to be Scott, said, "Hold him!"—I went over to him, and the prisoner up with a bludgeon, about 2ft. 6ins. long, with both hands, and struck me on the head with it—I had on this hat (produced)—here is the mark—I was knocked down senseless—my head was cut—when I was down, the other two men struck me across the legs—as I was getting up the prisoner struck me, and knocked a piece out of my hat—I called for assistance, and they all ran away—the Duke of Cambridge's gamekeeper came up, and we both followed the men—as we followed them I missed the prisoner almost directly, about 100 yards from where I was knocked down—there is a cover there in which he could easily hide himself—we followed the other two and lost sight of them, then returned the same way as we had gone, and met the prisoner coming from the enclosed ground on to the Common—we stopped him—I said, "That is the man who-struck me, and I will swear to him"—I apprehended him—he wanted to know what it was for—I said he was the man who struck me a few minutes before—we searched him, and found this bludgeon (produced) in his
pocket—when I took him I struck him, and he hallooed out "Bill!" three or four times—he was dressed in corduroy trowsers, a velveteen snuff-coloured coat, a white round jacket, and a light plaid cap—we both held him by the collar—he took a knife out of his pocket, but put it up with" out using it.
Cross-examined by MR. CHARNOCK. Q. Did you not charge him with going to stab you? A. He drew his knife—I charged him with intending to kill me—be did not say he had no intention of any thing of the kind, and that he pulled out his knife to cut his handkerchief—I did not hear him say it—I had hold of his coat collar—I was not pressing him and nearly choaking him—Brockwell had hold of him, but I do not know where—he put the knife up to Brockwell's hand—he did not use it to either of us, he shut it up again, and put it in his pocket—we did not treat him roughly—I struck him with this stick (produced) on the head once—that was after he got away—Brockwell was there at the time, he did not strike him—he had a stick—I did not see blood flow down the prisoner's head—I believe I must have seen it if it had—after he found he was obliged to go, he said, "I will go quietly with you, I am not the man, but don't ill use me"—he did not say that when I struck him—he did not beg of me to desist striking him over the head—Mr. Day, in whose service I am, is a military accoutrement maker—I have been his game-keeper two years and nine months—he rents the shooting over this property—we breed birds—I have been a witness a dozen times before, down in Derbyshire; they were all game cases—Mr. Rex's farm is on the left side of Coombe-lane, which leads from Kingston to Wimbledon—the Fish-pond preserve is at the back of the farm—there is no road near it; the orchard abuts on the Common, but it is a quarter of a mile from the main road; there is no road or footway alongside the orchard—the prisoner came over the rails when I saw him come out; there is a gap there—I and Broxwell were about ten yards from the prisoner when we first saw him on our return—it was not twenty yards—it was not foggy—ten minutes or a quarter of an hour elapsed from our going in pursuit of him and our return—the prisoner was not coming through the gap when I apprehended him; I swear that—I apprehended him on the Common—he came over the railing—I have no authority on the Common—he denied having struck me—he did not say that as he was coming down Coombe-lane he heard the cry for assistance, and that he went through the gap into the orchard where he found the stick I found on him—I had cried out before—he said he found the stick against the farm—West saw three men—he was not so close as I was, he ran away when I went over the field to them—he save the man that struck me; be was with me before I was struck, but whether he was there when I was knocked down I do not know—he was with me when I first saw the three men—he ran before I was struck—Brockwell came up as soon as I got off the ground; that was twenty-five yards from the gap—he came into the orchard to me—it is a field, part of it is a meadow, but there are a few apple-trees in it, and they call it the orchard—when I speak of the orchard I mean the same place as I called the field before—the men must have gone round further into our ground with a sweep across the manor, and then out at the gap—I followed the three about a hundred yards—Brockwell was with me then, and from the commencement of the chase till it left off—I did not have any conversation with Brockwell before I came
back and took the prisoner into custody—I did not mention the prisoner's name to him, or his dress—his coat was buttoned by one button; I could see the white coat underneath—I am very well now, except my head—I never bad a blow like that on my head before.
MR. PLATT. Q. Your business is that of a game-keeper? A. Yes, I have always followed that—I did not touch the prisoner a second time before he attempted to get away—I struck him as he was running away from me—I know the prisoner's face better than I know his clothes—I have no doubt he is one of the three men who struck me, and the man I met coming back.
JAMES BROCKWELL . I live at the Robin Hood, Kingston-bottom, and am assistant game-keeper to the Duke of Cambridge. On 12th Dec., about half-past six o'clock, I was going my rounds, and beard the report of a gun in the direction of Mr. Day's cover, which was about a quarter of a mile off—I went towards the spot, and when I got about halfway I heard a cry for help—I heard Croxall's voice, which I knew—be sung out, "Come on!"—I went to Mr. Day's preserve, and found Croxall with his head bleeding, in the field near the orchard—he was on his legs when I came up to him, and he and I went towards the Common—I did not at that time see any men running away—when we went in chase we saw two men running, and we followed them, but lost sight of them on the Common—they were going towards Wimbledon—we returned the same way, as near as we could—there was no path, and when we got between 200 and 300 yards from the place where Croxall had been, I saw the prisoner come over Mr. Day's fence in a direction from where I first saw Croxall, and was going towards Wimbledon—when he came close to us Croxall said, "This is the man that struck me; I can swear to him"—we both laid hold of the collar of his coat—he was very obstreperous—we could not bold him, and be got out of our hands—we chased him 150 or 200 yards, and came up with him again, took hold of his collar again, and he drew a knife from his pocket—Croxall said directly, "Brockwell, he has got a knife in his hand; mind your hand"—the prisoner then said he drew the knife to cut his handkerchief—I had hold of him by the handkerchief—he shut it up and put it away again—I saw Croxall take this bludgeon out of the prisoner's pocket—while the prisoner was running away he called out, "Bill! Bill! "two or three times—a person could hide himself very easily in Mr. Day's cover if be wished—the prisoner had on a light plaid cap, a snuff-coloured shooting-jacket, corduroy trowsers, and a light jacket underneath—I assisted Croxall in taking him to the constable; and on the way to Wandsworth police-station he told me he was to have been with the party, but was half an hour too late—he then said that if he had been there twenty men should not have taken him, for he would have knocked them all down as fast as they came up to him.
Cross-examined. Q. Was Croxall with you when he said that? A. He was walking five or six yards behind—I do not know whether he could hear it—when I came up to Croxall he was two or three yards from the gap that comes on the Common—I did not see him on the ground—I cannot say whether the stick was lying on the ground when I first went into the orchard—I did not look on the ground—we were about 100 yards off when we first saw the two men—I cannot say who those two were—they were between 300 and 400 yards off before we left them—we
might be forty or fifty yards, or a little further off the prisoner when we first saw him—I think fifty was quite the outside—he was about three-quarters of a mile from Coomb-lane—there is no road where he was—he was walking gradually along—his coat was not buttoned completely up, only by one or two buttons—the moment he came up, Croxall identified him as the person who struck him—the prisoner said he had done nothing, and he did not see why he should be taken into custody—he said he had heard the cry for assistance as he was coming down from the main road—he did not in my presence say he had gone into the orchard to see what it was—I did not hold him at all tight when he drew the knife, I only just took hold of him in the common way by the handkerchief—I did not put my knuckles down his neck—he did not complain that I was choking him—he said, "I am not going to cut your hand at all, I am going to cut my handkerchief"—he shut the knife up immediately—I had no conversation with Croxall going along, more than his stating that there were three of them; that two were gone away, and he thought one was left back—he did not mention the prisoner's name, or describe his dress.
MR. PLATT. Q. Had you ever seen him before? A. A great many times; his face is familiar to me; I know him well.
COURT. Q. Did you see Croxall strike the prisoner? A. Yes; when he was running away after he had broken from him—I do not know whether he struck him on his head or shoulders.
JURY. Q. What wood is that stick? A. Withy; there are plenty in that neighbourhood.
GEORGE WEST . I am farm-servant at Mr. Rex's, Warren Farm. On 12th Dec., about half-past six o'clock, I was in the farm-house—I heard the report of a gun in the direction of the Fish-pond cover; and shortly after Croxall came to the door, and I went with him down to the edge, to the bottom, under the orchard, and saw three men in the orchard, just at the side of the hedge—I did not know any of them—I went back to get further assistance—I had only been two days at the farm.
Cross-examined. Q. What kind of evening was it? A. Moonlight; I do not know whether it was foggy; it was not very foggy, if it was at all—you could see a person ten yards from you; I do not know whether you could further off—I do not know where the report came from—when the keeper came he said there was a gun in the Fish-pond cover.
LOUISA MARTHA BROCKWELL . I live with my father, James Brockwell, at Robin Hood; I am twelve years old. I know the prisoner—he lives at Kingston—on the evening of 12th Dec. I saw him with his brother, whose name is Bill, and one of the Scotts—they were going Wandsworth way, and passed our house—Price had on a dark shooting-jacket, corduroy trowsers, and a light cap.
Cross-examined. Q. When did you first go before the Magistrate? A. The third day after, Thursday, the day after Christmas-day—my father spoke to me about it the day after the man was taken; I cannot tell what day it was—I cannot mention the names of any other persons I saw on this day—we have no clock in our house; we have a watch—soon after they went by I heard Miss Fisher's clock strike, next door.
GEORGE NIND . I live in High-street, Wandsworth, and am a chemist. On 12th Dec., about nine o'clock in the evening, Croxall came to me—I examined his head, and found an incised wound, about two inches and a
half above the right ear, about three inches in length, extending towards the forehead; half an inch of it was deeper than the rest—I strapped it up—in my opinion, such a wound might be inflicted by such a stick as this—I did not attend him afterwards.
Cross-examined. Q. A stick of a quarter that size might inflict the same wound, might it not? A. I cannot say; if I had not been shown the stick perhaps I should not have been able to tell what it had been indicted by—I cannot say whether a wound inflicted by such a stick as this, from a man taking it in both hands, and striking with all his might, would have killed him—the wound was bleeding when be came to me.
MR. PLATT. Q. Suppose the man had on a hard glazed hat, would not that save the head in some respects? A. Yes, I think it would.
JOHN PEARCE (policeman, V 250.) On 12th Dec., about eight o'clock in the evening, I received charge of the prisoner from Croxall and Brockwell, and received this stick—I produce also the knife found on the prisoner.
Cross-examined. Q. It is what is called a bread and cheese knife? A. You might use it for that, or anything else—I was first examined before the Magistrate on 13th Dec.; the next time was about the 19th; and then there was a third examination—I think Louisa Martha Brockwell was examined on the last examination; I will not speak positively.
(The prisoner received a good character.)
GUILTY of an Assault of the worst character. Aged 25.— Confined Four Months.
Before Mr. Justice Talfourd.
MR. PLATT conducted the Prosecution.
FRANCES COLLINS . I am single, and live at 11, New-street, New Kent-road. On 17th Dec. I was standing with Eliza Cooper at her door, which is No. 4, in the same street, and the prisoner and another man came up—the other man asked us to take something to drink—we both went in-doors with them, and the prisoner's friend sent for half a pint of gin—we were all together in the parlour; I was at one side of the fireplace and the prisoner on the other, and Eliza Cooper and the other man in a row—we drank the gin directly it came, and Cooper was talking to the other man—there was not a word spoken to the prisoner—she did not call him any name—I believe they were perfect strangers to each other—the prisoner took the poker up from the fireplace, and struck Cooper over the left temple, and she fell down directly—the prisoner said, "You b—y cow, I will do for you before you go!"—he was in the act of striking a second blow, when I took the poker from his hand, and he ran away—I followed, and gave him in charge—he was in liquor, but knew perfectly well what he was doing—he held the poker with both hands when he struck the blow.
Cross-examined by MR. HORRY. Q. How often have you seen Cooper since? A. Every day and every night—I have not seen her since she was here the day before yesterday—I do not know where she is—we never lived together—she did not tell me anything about her not coming here—she said she meant coming up, and appearing against him as far as the law
would let her—I have not had any talk with her within the last two days about the prisoner having Counsel to defend him—she has given me no reason why she did not come—I expected to meet her this morning and yesterday morning—I have not known her above three months—I never went about with her—I have stood at her door, and talked to her, and drank with her frequently—I was not surprised at her not being here, only from taking money from the prisoner's wife, and being kept away by his friends—I went with the prisoner's wife to the house on Friday night—the blow bent the poker, which was perfectly straight before; it is bent now—two females, I believe, took Cooper to the surgeon's; I did not go with her—the prisoner was not asleep by the side of the fire for some time—Cooper served the gin out; I drank first, and the prisoner next—the prisoner was not asleep, and Cooper did not push him by the shoulders, and he did not rouse up again, and she ask him for another shilling for more gin—there was no more gin asked for, and Cooper never put her hands near him or spoke to him—she did not abuse him for not giving her another shilling, or I either—I never spoke to him except when he hit her—Cooper had no scissors or snuffers in her hand—the prisoner did not take the poker from her hand, but from the side of the fire—I did not have the poker before I took it from him—Cooper did not strike him at all—she was talking to the other man When he struck her—I have been an unfortunate girl four years, and lived in this neighbourhood on and off about eighteen months—I was never in custody or charged with robbing a foreigner, I do not know whether Cooper has been—I have been charged with nothing but getting in liquor—I have been in custody three or four times—there have been other girls with me when I have been locked up—Cooper is an unfortunate girl—I have not offered to take 2l. to keep away—I have been offered money by the prisoner's wife and his friend, but would not take it.
RICHARD HAMBROOK (policeman, P 109.) When the prisoner taken, was he denied the charge—he afterwards said he did do it, but did not mean to hurt her—I have known him for some years—he was formerly a I greengrocer—he is married and has a family—I do not know his address—I got this poker (produced) from Collins—I took the prisoner in charge from her statement.
JAMES REED WOOD . I am assistantto Mr. Gill, a chemist, of the Walworth-road. Cooper was brought to our shop on 17th Dec., about seven o'clock in the evening—she had a small wound over the left eye, about an inch long, and about one-eighth of an inch deep—the skin was lacerated, but not cut through—she had lost a good deal of blood—the flesh around was very much swollen as if the blow had been inflicted by some heavy instrument—the poker might have done it—it was not a dangerous wound—I have not seen her since—I do not think the poker could have bent in that way—she may have guarded it off with her arm, and that may have bent it.
(Eliza Cooper was called on her recognizance but did not appear.)
GUILTY of a common Assault. Aged 45.— Confined One Year.
Before Russell Gurney, Esq.
JAMES CARNEY . I am a labourer in Mint-street, Borough. I have known the prisoner some time—on 7th Jan., I met her about eight o'clock in the morning at the Hand and Flower public-house in Gravel-lane—we had some drink, and remained together till about four in the afternoon, and in the evening we were going to the play, and on our way went into the Pear-Tree public-house—I felt rather sick—the prisoner came and put one hand round my head, and the other into my pocket—I had changed a half-crown, and had 2s. and 2 1/2 d. out—I missed that, and asked her to give it me—she would not, and denied having it, and I gave her in charge—at the station she chucked down two shillings, and one halfpenny which she had in her hand—one of my halfpence was rather burnt—this is it (produced.)
Prisoner. He let me have his money as he was so tipsy. Witness. That is not so.
JONATHAN LARTER (policeman, L 166.) The prosecutor gave the prisoner into ray charge, for stealing 2s. 2 1/2 d. from his trowsers pocket—she denied any knowledge of it—at the station she took 2s. from her mouth, threw them down, and said, "There is your b—2s."—the prosecutor took this halfpenny out of her hand when he gave her in charge—it has been burnt.
Prisoner's Defence. How can he swear to that halfpenny more than any other; I think it is very hard having known the man, and being with him as his wife.
JOHN HUSBAND ROWE (policeman, L 67.) I produce a certificate——(read—Mary Ann Ellis, convicted at the Surrey Sessions, Oct. 1849, of larceny from the person, confined six months)—I was present at that trial—the prisoner is the person.
GUILTY .— Confined Twelve Months.
Before Mr. Justice Talfourd.
433. EDWARD AMOS , feloniously setting fire to a certain warehouse belonging to, and in the possession of Thomas Ross, with intent to injure him.—2nd COUNT, calling it "a shop."—3rd, an "office."—4th, a certain building used in carrying on the trade of a builder.—5th, a certain erection.—6th, a "warehouse."—7th, 8th, 9th, and 10th, omitting the ownership.—11th, a certain building used for the purpose of warehousing and working of materials to be used in and for building certain houses in course of erection for said Thomas Ross, and in his possession.—12th, calling it a shed.
MESSRS. GARDE and NOEL conducted the Prosecution.
RICHARD YOUNG (policeman, D 140.) On Saturday, Dec. 21st, I was on duty in the New-road, about eleven o'clock, and saw the prisoner—he came to me, and asked me if I was a policeman on duty about there; I said I was—he said, "Then I am your prisoner; I shall be taken before morning, and I would rather deliver myself up to you than I would be taken in any other way"—I asked what he delivered himself up for; he said, "For setting fire to a carpenter's workshop at Clapham, in Surrey"—I told him he must go to the station with me, and I took him there—when there, he said he wished he had burnt a great deal more; that he intended to have gone back and set fire to the buildings, if the letter had not been
sent—he said, "I left Paddington on the Friday night, and went to the Cock, at Clapham; I had something to drink there; I left the Cock about seven, and went to the field; I took off my shoes, and went across to the shop; I then set fire to the shavings in the shop, and to the deals; I then went a short distance off, and looked at the fire about ten minutes; I saw it blazing up, and I then went away, as it would not do for me to stop there"—I searched him, and found on him four duplicates of articles, all pledged in the same week, and one farthing in money—I did not search his shoes—I did not notice that he was under the influence of liquor when he delivered himself up; I did not consider him so—there appeared no signs of insanity or inconsistency about him—he appeared to me like a man in his senses—I held out no promise or threat to him; I asked him no question, except what he had done—he was locked up in the station from Saturday night till Monday morning, and he was then conveyed to Marylebone police-office—on the way there, he said that he did not set fire to the place, that Captain Ross and him were on very good terms, that he was a very good master, and that he delivered himself up to me to get something to eat and a lodging; that he had no money to buy anything to eat, or to pay for his lodging—at the police-office, the inspector produced a letter; it was shown to the prisoner; he said something, I do not recollect what it was—he did not in my presence express any feeling against Captain Ross before the Magistrate; I do not recollect that he did against any other person.
Cross-examined by MR. PULLEINE. Q. You have stated that the prisoner said he intended to have gone back and set fire to the buildings if that letter had not been sent; did he refer to any letter? A. Yes; before be told me that, he said a man had sent a letter informing them all about it at Clapham—he said that to me at first, after he said he was ray prisoner—I considered him cool, collected, and sober—he had rather more colour than he has now—he had not a bloated appearance—he did not appear at all excited—I do not recollect that he spoke about his health or about the weather—he had on the same dress as he has now, and a cap with a tassel hanging down on one side.
MR. GARDE. Q. Did you mention the statement you now make about the letter at the police-office? A. Yes.
COURT. Q. Was the prisoner as pale at the police-office as he is now? A. Not quite; he appeared very well then—the cap he had on was rather a peculiar foreign sort of cap.
CAPTAIN THOMAS ROSS . I am at present a private gentleman living on my property. At the time of the fire I resided at Clapham—I now live at East Hackney—I have considerable property at Clapham, consisting of freehold land and houses—I am erecting a very great number of buildings there—there was a workshop on a vacant piece of ground behind the houses—there were all sorts of deals in the workshop and materials used for the purposes of building—on Friday, 20th Dec., a fire took place, which reduced the workshop completely to ashes, nothing but charcoal remained, nothing of the building itself, and a very small portion of the materials—the fire broke out between half-past seven and a quarter to eight o'clock—I was on the spot very soon after it broke out—I should apprehend from the materials being very dry, and there being a great many shavings and other combustible materials there, it must have flared up
instantaneously—it broke out after dark—the prisoner had been employed on the premises some weeks previously, not directly by me, but oy another man named Wood, a sub-contractor—he had been working on the premises, but not when the fire occurred—I did not discharge him or give orders to have him discharged—he came to me about five weeks before the fire and said that he apprehended Wood was about discharging him, and he said, "Sir, you have a great many mouldings to make for houses that are about being erected, I will engage to do them for you at so much a hundred," naming the price—I said, "My good fellow, I do not see why you should not have as good a chance as any other man, and I will take care that you shall do them at the price you have named"—I did not see him again until I saw him in the station-house on the Sunday after the fire—I went there merely to identify him, or to see if the man Amos was really the man who had been at work on the premises—I had heard that a man had given himself up accusing himself of this matter—I saw him and recognised him—I said, "My good fellow, what inducement could you have to injure me?"—he said he wished to be revenged against the Woods—as I was coming away he asked me how much the loss was—I told him over 1,000l.—he said he did not think it had been so much—he said he was now ready to give me all the satisfaction in his power, that he had done it, and as a proof that he was there he stated that he saw old Mr. Wood's boy taking his tea to him about five o'clock, but the gate was locked leading to Wirtemberg-place, and he saw another boy help Wood's boy over the wall; that he went to the Cock and had some beer and bread and cheese there, and as a proof of it, a man who took beer from the Bowyer's Arms some time since, but is now discharged, and who was a Norfolk man, could prove that he really was there—he said he went into the workshop at six, having found the door open, and he remained there until he heard the two chimes after seven; that he then took a lucifer match and set fire to the place; that he was resolved to be revenged of the Woods, and wished they had been there to be burnt in it; that he did not mind having seven years, but he hoped he should not have more, as he was a good tradesman, and would be bettered by being sent where be could get better work and better wages than here—after uttering other expressions of revenge against the Woods he ceased, and I came away; in fact, he pressed the latter part upon me, for my child was outside in the carriage, and I wished to get to her—I had seen the prisoner while working on my premises, but have not spoken to him above twice in my life—there was not the slightest appearance of insanity about him when he spoke to me—he seemed to take care of the pounds, shillings, and pence, as well as any man I ever met with.
Cross-examined. Q. What sort of a character had he? A. I really do not know anything detrimental to the man; up to the time of the fire I should have had no objection to give him a character—nothing occurred after my interview with him to induce him to leave—I was quite ready to have employed him the following day, and if he had chosen he might have remained there till this hour—in the course of my interview with him at the station, he said he remained there from six till a quarter-past seven o'clock, till he became so cold, and nobody came there; he did not explain what he meant by that, except that he was expressing great revenge con tinually against the Woods—he said he then took a lucifer match, and something came over him, and he was resolved to do it, and then he set
the place on fire—I do not recollect whether I have stated before that he said he was resolved to do it; but he certainly made use of that expression—I signed my deposition before the Magistrate; he stated what I signed to, but I did not say that he might not have said a great deal more—one of his expressions was, "I do not know what came over me to set fire to the building," but he also said that he wished to be revenged, that he was determined to be revenged on the Woods; that seemed to be all his aim, and he wished they had been there to be burnt—I have been an officer in the army—I am not in any trade or vocation—I do not keep a shop—this is a plan of my premises—(looking at one)—the houses are erected, and fit for habitation—I should say they are about thirty yards from the workshop, the workshop was upwards of forty feet square; in the centre part it was about twenty-four or twenty-five feet high; the outside part was perhaps not more than thirteen or fourteen—it was covered with slates, and had glass windows at the side—there was only one door—there had been two, but one had been closed up for a long time, and could not be made use of; it had not been opened for two or three years; it was a double door, wide enough to admit a carriage—the windows were a continuation of glass on one side—it was covered in all round; it was not painted, it was weather-boarded—there was brickwork at the bottom, merely to prevent the timber sinking into the ground and rotting—when I saw the prisoner at the station, I immediately addressed him, saying, "My good fellow, what could have induced you to do me this injury?"—I am not aware that he had said anything before that—he was not alone, a policeman was with him—I addressed him in a kind way, and he thereupon made the statement—I have not the most distant recollection of his saying anything about a letter; I do not believe he did, or I should have some slight recollection of it; I cannot venture to say whether he did or not, he might or might not—he might or might not have said, "A man sent the letter to Clapham to inform them all about it;" I have no recollection of it—his statement was not coupled with the letter.
MR. GARDE. Q. Were you ever in any trade or business? A. No; the Woods are not now in my employment—I discharged them immediately after the fire.
COURT. Q. What was the amount of damage done by the fire? A. That is a difficult question to answer—no money can replace what I have lost, because it would be impossible to buy the same materials which were six or seven years old and well seasoned; it was a considerable loss—the workshop was erected immediately after I bought the property, in 1846—it was used as a warehouse for various things, as a workshop, and a place in fact to put anything out of the weather; as a universal convenience—the Woods took contracts for different kinds of work—they were not the proprietors of the workshop or the materials, everything there belonged to me—I was my own architect, and my own everything.
WILLIAM COLEMAN (police-inspector.) I produce a letter which was brought to the station by Capt. Ross's brother—I have kept it in my custody ever since—on Monday, 23rd Dec., I was outside the Marylebone police-court, the prisoner was brought up before Mr. Broughton—while under examination, I produced the letter to the Magistrate, who read it aloud; the prisoner then said, interrupting the Magistrate, "I admit I wrote the letter, because I was in distress, and I gave myself up to the
police on purpose that I might get a night's lodging"—at the Wandsworth police-court, while Captain Ross and his brother, and Lang, were being bound over, he said, "I am sorry that I have done this, it is a bad job, I cannot help it; I might, perhaps, had I not done it, been in Captain Ross's employ now."
Cross-examined. Q. Where did you receive that letter from? A. From one of the officers; I afterwards put it into the hands of Christian Ross, and he put his initials on it—it has been in my possession ever since—I did not write down what took place at the police-office, Wandsworth—what I have stated is entirely from memory—he handed in a written statement to the Magistrate which was appended to the depositions—the prisoner was not at all excited, he seemed very much flurried—he looked rather bloated, like a person who had been drinking—that was after he had been in prison two or three days.
CHRISTIAN ROSS . I am a retired gentleman, and live at Meaux-square, at Clapham, 150 yards from the workshop that was burnt. On 21st Dec. I received this letter at half-past eight o'clock in the evening—I took it down to the police-station, and gave it to the constable in charge—this was on Saturday night; the fire was on the Friday.
Cross-examined. Q. When did you write your initials on that letter? A. Three or four days after; I remembered the contents then—I have no doubt about it, I only had one.
Cross-examined. Q. How many times have, you seen him write? A. Three or four times, I cannot exactly say; they were letters chiefly—I saw him write a letter to his mother about two months before this occurred, and about a fortnight before that I saw him write one to a young woman in the country, and I think I saw one he wrote to my sister—he was very intimate with my sister, and proposed marriage to her, but not in my presence—I have not seen them together very recently, three weeks before the fire—I always knew him as an upright honest young man.
MR. GARDE. Q. How long have you known him? A. Upwards of five years; he has been acquainted with my sister all the time—she is not married—she has a child.
COURT. Q. How old are you? A. Not quite nineteen; the prisoner worked one week for my father, and three weeks for my brother—he is a carpenter and joiner—I have known him since I went to school—I do not know who he generally worked with—I knew him chiefly as paying attention to my sister—he has been working on his own account, and has not been shut up at all, but managed himself and his affairs—I have seen no symptoms whatever of madness about him—(letter read—"Mr. Christian Ross. Sir, I have sent you these few lines to you to state about the man that set fire to your place; he is coming on Saturday night to set fire to the whole of your new buildings. He has bought two new pistols and some powder to shoot you both, and likewise John Wood. This man's name is William Amos; he has worked for you along with Mr. Wood, and is now living with Mr. Wood's daughter at 27, Stafford-street, next door to Mr. Atters'. I heard Mr. Wood's daughter and Mr. Amos talking about the best way to set fire to all the buildings, and then go away to America. They will both be at Harris's, Stafford-street, at eight
o'clock; if not there, they will be at Mr. Alley's beer-shop close by. You shall know my name when you have taken him.")
JOHN WOOD . I am a joiner, and was employed by Captain Ross at his buildings at Clapham. On 20th Dec., there was a workshop on the premises containing building materials and timber of different descriptions and prepared work—we used the shop to prepare works for the buildings, and kept our tools there—there were no tools of mine there when it was burnt down—I have known the prisoner some four or five years—I have employed him, and did not discharge him; he left of his own accord; we had no angry words—I had threatened to discharge him because he promised to marry my sister and did not do it, but I expressed no angry feelings towards him at any time—the premises were burnt down on the 20th—I saw the fire—the prisoner did not come to my house that day—I was at the workshop all day, but did not see him—no light was allowed on the premises—I was not at work on the premises just before I left.
Cross-examined. Q. You have known the prisoner four or five years, did you ever lose sight of him? A. Yes, for three years or three years and a half; he was keeping company with my sister four or five years ago—he was not working with me then—on his return, he worked with me at Captain Ross's—I never had a quarrel with him when I knew him four or five years ago—I never knew a steadier man—it was more than a fortnight before the fire that I had remonstrated with him about my sister—he left three weeks previous to the fire—I did not see him after he left—I threatened to discharge him unless he married my sister—he made no decided answer.
CAROLINE WOOD . I live at Stafford-street, Lisson-grove. I saw the prisoner on the Thursday morning before the fire—he said he would come over to Clapham, to give my brother a severe hiding; he then said, "No, I will not do that, it will be of no benefit to me; but I will have my revenge in some other way."
Cross-examined. Q. Was that all that took place between you on that occasion? A. Yes; we had no quarrel—I am still on friendly terms with him—he has kept company with me five years—he has met my brother in my company, and always on friendly terms—he remained with me but a few minutes that day—when he came into the room, he said, "Good morning," as usual—I have never quarrelled with him; he has always been kind to me—he ought to have married me; he promised—he did not promise to marry me five years ago; it was lately, when he came up from the country—he was paying his addresses to me then—I had letters from him—I knew before this Thursday that my brother had been endeavouring to induce him to perform his promise—I was desirous that he should do so—I have applied to him once or twice to perform his promise, and he said he would do so—I never suspected him of being insane—he was sometimes sulky, sometimes cheerful; very cheerful at times; and very moody at other times—he would remain for a long time without speaking to a soul; in a moody, melancholy disposition—he has not at those times had any quarrel to speak of with me or anybody else—I have seen him moody and cheerful within half an hour—I do not know his family, only his brother William—he works at Notting-hill—I do not know, of my own knowledge, that some members of his family have been out of their minds.
MR. GARDE. Q. When anything affected his mind, he was moody and melancholy? A. Yes; there was nothing more than ordinary in his conduct; he did not talk or act rashly.
WILLIAM WOOD . I am a carpenter, and was in Captain Ross's employ previous to 20th Dec.—the prisoner was in my employ, but not at this time—lights are not allowed in the workshop which was burnt down—I worked there on the day of the fire, and left at twenty minutes past four o'clock—it was quite safe then; there were no symptoms of fire—I saw it burnt down on the 20th—I lost my tools in the fire; I kept them in the shop; it will cost me 5l. to replace them—I was on good terms with the prisoner; he never used threats to me.
Cross-examined. Q. Was there any fireplace there? A. No; we always knock off when it gets dark, or if a fog comes on—there is never any fire or light, or even lucifers—there is a fire in the field, to heat the glue-pot—if men come with a pipe, I order them away—we came to work in the morning at half-past seven; it is not light then—no lights are allowed in any of the adjacent buildings—the workshop was fastened with a large padlock on the large door when the men took their tools away at night—there is only one key; that is a very good one—it is put through a broken window, where the person who comes first in the morning can find it—I do not remember the place being shut up on 25th Dec.—I left no one in the shop—the door was shut, but not locked.
JOSEPH SAUNDERS . I am potboy at the Cock, at Clapham. The prisoner came into the tap-room on 20th Dec., and had some bread and cheese and beer—he gave me 6d.; I gave him 2d. change—I did not see him leave—it was between four or five o'clock—he was not there long afterwards.
Cross-examined. Q. Was he sober? A. Quite; he was talking to a man named Beaumont, in the tap-room—he was there above half an hour. ROBERT BEAUMONT. I am potboy at the Boowyer Arms, Manor-street, Clapham. On the Friday before Christmas-day I saw the prisoner in the tap-room of the Cock—he spoke to me—he had a pint of beer and a slice ofbread and cheese—I drank with him—he had a flannel jacket and his working trowers—I did not see him leave—the Cock is about 300 yards from where the fire was.
JOHN LANG . I am a labourer, in the employ of Thomas Ross. On Friday, 20th Dec., I was at work in the workshop, and left off work at twenty minutes to five o'clock, and the men that worked under me—there was no appearance of fire when I left—I went down to the stable, where we take our tea, 250 yards from the workshop—I returned in the evening, went to the stable to lock up the pony, and then I went to cut some holly near the gate that leads from Writemberg-place into Mr. Ross's premises—it was then five or ten minutes to five—I met the prisoner going towards the workshop—I did not see him do anything—I saw him on the premises—he had no business there—he was going towards John Wood's house—between seven and eight I saw the fire—I assisted in putting it out and saving the property.
Cross-examined. Q. Was the place locked when you left it? A. No; the shop I believe was open, but I had not been into it from dinner-time, not all day long perhaps; I was nowhere near the shop till the fire—I was working at the south side of the square when I left off, in the new
buildings—I could not see the door from there; it was 100 yards off—it was not the gate of the workshop that I saw the prisoner going through. FREDERICK DISSALL. I am turnkey of Newgate. The prisoner was brought there on 31st Dec., and I found four sovereigns and a half in his shoes.
Cross-examined. Q. Had you ever seen him before? A. No; he has been placed in the Infirmary—I have not seen him there, and do not know what he has been ailing—he was not so pale when he came as he is now—he was not red in the face—I saw him when he came down out of the Infirmary to visit his friends.
MR. GARDE. Q. Have you seen any symptoms of insanity in him since he was committed to Newgate? A. No.
MARY ANN SCHOFIED . I live at 39, Hereford-street, Lisson-grove—the prisoner lived with me on 20th Dec.—I cannot recollect what time he left home that day—when he came home it had struck ten—I am not certain how many minutes.
Cross-examined. Q. How long had he lived with you? A. A fortnight and four days; he was a very still, quiet, respectable young man—I have known him four years, and always knew him to be honest, hard-working, and industrious—I never saw this cap before (looking at one produced by the prisoner)—he had on when he came home the same cap which he wore when my husband let him out, about ten minutes after eight o'clock.
COURT to CAPTAIN ROSS. Q. How long have you been building houses there? A. Three years; I am the freeholder—I am now on the thirty-third house—there were twenty-nine in course of erection when the fire broke out—I let them; or if anybody offered me a sum which would compensate me, I should sell them—I erect the houses to make the most I can of my capital.
(MR. PULLIENE submitted that the evidence did not support either count; it was clear that a "warehouse" was not the proper description of the building in question; a "warehouse" being a place for the reception of goods intended for sale, or, as Dr. Johnson defined it, "a storehouse for merchandise;" among other decisions to this effect, he referred to Reg. v. Hill, 1 Moody and Robinson, p. 450, and the case of Godfrey, 1 Leech, 372—it was clearly not "a shop," that being a place where goods were exposed for sale, so held by Mr. Baron Alderson in Sandes' case, 9 Car. and Pay., 72—an "office" was also an improper description of the building, Captain Ross having no trade or avocalion for which an office or place of business was necessary, and could not therefore be termed a trader; and for the same reason, the 4th and 5th counts did not apply, (referring to Stewart and Sloper, 18 Law Journal.)MR. GARDE contended that it was for the Jury to decide to which count the evidence applied, but he relied on the 3rd, 4th, and 12th counts; it was clearly an office, Captain Ross being in the habit of paying his men there. MR. JUSTICE TALFOURD thought that the 11th count was proved, but there was nothing in the Act of Parliament which would make that count good. MR. PULLIENE, with respect to the last count, referred to a decision of Mr. Justice Coleridge in Reg. v. Munsen, 2 Cox Crim. Cases, 186, which, in his opinion, put that count out of the question. MR. JUSTICE TALFOURD, but for that authority, would have been prepared to hold that count sufficient; he thought it best that the case should go to the Jury on the merits, and the points be reserved if necessary.)
MR. PULLIENE called
WILLIAM GREENWOOD AMOS . I am a joiner, and live at Norwich. I am a brother of the prisoner's—his age is twenty-four—he has left Norwich about four months—I saw much of him there—his conduct has been very different at one time to another—sometimes he was very much excited, as if he was out of his mind—it was not from drinking, he is quite a different man—Dr. Cross has attended him for one case of excitement—he was ill at home not more than two or three days—Dr. Cross is not dead—my father has been twice confined in a lunatic asylum, once in Mantell-street, St. Giles's, and once in Norwich—he is now at home at his residence—he was very much out of his mind—I visited him two or three times—he was not violent, but was very wild, and he has got a brother insane in Norwich now, who has been so these twenty years—the prisoner was a joiner at Norwich with me, at Hood's—he got regular work—his character would always get him work there.
Cross-examined by MR. GARDE. Q. Does he never drink? A. He may drink a glass of ale—I never saw him reeling about the streets—he was three days in a state of excitement, I and my wife and mother had to hold him down—his eyes looked as if they would roll out of his head—the surgeon did not say it was delirium tremens.
COURT. Q. How old is the brother who has been insane twenty years? A. About thirty-two—I should say he was about twelve years of age when he was first attacked with insanity—the prisoner has never been in any confinement—he has got his living by honest industry—he is a very clever young man, and was apprenticed to me—I found him able to learn the trade very well—he went to Church or Chapel, not constantly—he left his home in consequence of a letter.
WILLIAM AMOS . I live at 68, Notting-hill. I am going on for twenty-nine years of age, and am an elder brother of the prisoner—I have lived in London nearly eleven years—he lived with me for about twelve months, five years ago—his conduct was pretty good, but sometimes when he came home be seemed to sit as if he had got something on his mind—he was out of spirits, and seemed different to anybody else, to be in their right senses—he would do so without any ground—he was very violent once, but that was nothing—he seemed in a very good state of mind sometimes.
Cross-examined. Q. He was not so violent that it was necessary to put him in a mad-house? A. No; his eccentricity appeared through his getting connected with such a family that he did not know what to do with himself, and that preyed on his mind—I have never been so low-spirited as he has—I have seen many men low-spirited and dejected without being mad, but when a person knocks his head about, pulls the hair from his head, and so on, that is very bad—I have seen him do so at home at Norwich—I last saw him in that state ten years ago—I have not seen him do it since—he was then a boy of fifteen, and used to tear his hair, and pull it off—he was not flogged for that, but his father has beat him dreadfully, and kicked him dreadfully till the blood ran out of his ears and nose—the prisoner was very good-tempered—he has done so since he came to London.
COURT. Q. Do any of your family live at 27, Stafford-terrace or street? A. No; that is Miss Wood's sister—when I said my brother
was connected with a family that troubled him, I meant the Woods, one of whom he had promised to marry.
MR. EDE SEWELL . I am assistant-surgeon of Newgate. The prisoner has been in the Infirmnry ten clays—he has not been labouring under any ailment—he was placed there to be watched and taken care of, as we understood he had attempted suicide; information to that effect was brought to us from Horsemonger-lane Gaol; that communication was made to me by the officers of Newgate—I have no reason whatever to believe he is out of his mind—he has no indications of insanity whatever—I have examined him several times, and think it impossible that he is insane at this moment—it very often happens that persons labouring under insanity, display symptoms of it only upon some particular idea—I have had persons in the infirmary labouring under monomania—they sometimes labour under the delusion that they have committed a crime; that is not a common delusion with a man who is sane on other subjects; I should detect insanity in other points as well—a person admitting himself guilty of an offence which he is innocent of, is a symptom of insanity.
Cross-examined. Q. By whom were you subpoenaed to attend here to-day? A. By the Crown—I have seen the prisoner almost daily since he came to the Infirmary—his health is very good—I have-seen nothing from which I should say he is insane.
GUILTY —The Jury, in reply to a question of Mr. Justice Talfourd's, stated that they had no doubt that Captain Ross did devote his time and a portion of his capital to building houses with a view of letting or selling them for his own benefit.— Judgment reserved.
Before Mr. Common Serjeant.
WILLIAM WEAVER . I am a shoemaker, of Cross-street, Old Kent-road. The prisoner called on me on 3th Nov., and said he was an officer of the Court of Chancery, and wanted tofind a family of Jackson's concerning some property now lying in the Court; 850l. left by a John Jackson, formerly of Springfield, near New York, and he would put me in the way of recovering it—I had told him my wife was a Jackson—he said he would draw up a petition, and he should require 5s. 6d. for fees to present it to the Court of Chancery—I asked him for his address, and he gave me 169, High-street, Shoreditch—he came again on 2nd Dec., and brought a paper which he said was a petition to the High Court of Chancery, on behalf of the property—I paid him two half-crowns and a sixpence—he represented that there was nothing for himself, but 5s. for the stamp, and 6d. for a nominal fee to present it to the Court—he told me then it would be not less than four days, and not over eight, before I heard from him—he called again on the 6th, and brought the answer, as he represented it to be, to the petition that he had received from the Court of Chancery—this is a copy of it (produced)—he sent it me by post—I made an appointment to see him again on the 10th, and after I got the copy, and before the 10th, I spoke to the police—he came to his appointment, and the policeman was there—he then said there were to be seven pleas, and it would be 12s. 6d., and I paid him four half-crowns, two shillings, and a sixpence, which were marked, and he gave me a receipt—I did not then believe what he said—after I had paid it him, I
asked him whether he was an officer of the High Court of Chancery for Great Britain—he said, "I am"—I asked him for his authority, and he said he did not want any further dealings with me, and laid down the 12s. 6d. on the table, and the policeman took it—when at the station he was asked whether he was an officer of the Court of Chancery, and he said no, he was a commission agent—when I gave him the 5s. 6d. I thought he was an officer of the Court, and that is the reason I gave it him.
Prisoner. Q. Was there not a written agreement between us? A. You left a paper entirely of your own composition, and without my sanction at all—this is it (produced)—you did not represent that the money belonged to the children of John Jackson—I did not instruct you to draw up that agreement for me to receive one-fourth of what was coming to the children—my wife was John Jackson's fourth daughter; but when you came the last time, you represented the name as John Cross Jackson, which is a different branch altogether—the 12s. 6d. you put into your purse, and put it into your left-hand pocket; and after I asked you to produce your certificate, you took it out again, and put it on the table.
WILLIAM JEPSON (policeman, P 72). I was present, in plain clothes, at the interview between Weaver and the prisoner—the prisoner stated he was an officer under the Crown, and also of the High Court of Chancery—I asked him for his authority, and he said he had not got it—at the station, he said he was a commission-agent—he did not at any time say he did not belong to the Court of Chancery.
GEORGE BRODIE . I live in the Old Kent-road, and am a gas-lighter. About 5th Sept. I wrote to the prisoner, and he came the following day, and said he was an officer belonging to the High Court of Chancery—I had heard be was an officer, and asked him so when he came, and he said, "Yes"—I told him I had some property in the Court, and he said he would draw me up a petition, which would be 5s. 6d., and I should hear from him in a few days—he afterwards came, and brought me an answer to the petition—I have not got it, he took" it away with him—I signed my name to each of them, but did not keep a copy—I signed my name to the petition and the administration, I think he called it—he said the expense of the last was 22s. 6d., and the 5s. 6d. was for the petition—he said I could not have had a better answer if I had paid 100 guiueas for it—he called several times; but when he brought the administration, he did not call for three or four weeks; and I wrote to him, and he did not come; I wrote again, and he came, and said the property would be settled by 22nd Dec.—I paid him the 22s. 6d. (I do not know the coin) for the administration, believing he was doing me justice, and that what he told me was true—he showed me a seal, which he said he got from the Chancellor's Court, and for which he paid three guineas; it was on a red piece of wax, with his coat of arms—the next I heard of him was, that he was in custody—the last time he came he said he thought mine would be put off till May.
Prisoner. Q. Was there any understanding in reference to the engagement between you and me? A. You said you could get the property—I did not see you take any papers from my sister about it—you said I should be entitled to it, being the eldest son—I did not introduce any
agreement to you—this is my signature to this paper—(this was produced by the prisoner, and was signed by the witness, and dated 28th Sept., 1850; it was an authority to the prisoner to institute proceedings to endeavour to recover certain property under the protection of the Crown; the prisoner was to be kept harmless from any lawsuit or expenses, and there was to be no appeal made against him in any Court of Law or Equity, any dispute to be settled by arbitration. Brodie was to pay five per cent. to Felix on the property recovered; but if nothing was recovered, he was not to be entitled to more expenses than agreed on)—Ipress this charge against you after signing that, because I consider you have been robbing me.
FREDERICK LOTT . I am clerk to the principal secretary of the Lord Chancellor. I do not know the prisoner—he is not an officer of the Court of Chancery—it is my duty to receive all petitions addressed to the Lord Chancellor, to read them over, and take a short abstract of them, especially the prayer, and who are the petitioners—I have received no petition on behalf of either Brodie or Weaver.
(The prisoner in his defence stated that he was an agent receiving commission on anything that came under his notice; that he was informed of this money having been left by Jackson, and on making inquiry found out Weaver; that he recommended him to make the application by a petition; that he drew it up and gave it into the hands of the person who employed him, to present it to the Court, as he was not qualified to do so, and uas merely an agent to receive a commission on the money recovered; that 3s. 6d. was taken for drawing up the petition, and 2s. 6d. for me application.)
GUILTY . Aged 63.— Confined Twelve Months. (There was another indictment against the prisoner.)
GUILTY . Aged 34.—He received a good character, and was recommended to mercy.— Confined Four Months
436. WILLIAM JOHN HOPKINS , stealing 1 chain, 2 seals, 1 coat, and other articles, value 3l. 5s.; the goods of Joseph Lurkin Turtle: and 2 watches, 3 rings, 1 painting, and other articles, 7s. 10d.; and 1 half-sovereign; the property of Peter Turtle, in his dwelling-house: having been before convicted.
PETER TURTLE . I live at 11, Freeman's-lane, in the parish of St. John, Southwark; it is my dwelling-house. I gave the prisoner an asylum in my house for a short time, and he left about the middle of Sept.—he had then been with me four weeks and four or five days—he was in a state of destitution, but was going to sea, and was waiting for his ship—he has lived with me on and off twenty-two or twenty-three years—a few days prior to 26th Sept., I had warned him to leave, and on that day I missed two watches out of my drawers, which were locked, and on the following day a mourning ring and a gold ring—I went out to work in the morning, leaving the drawer safe, and when I came back I missed the things—I afterwards saw my son with this letter (produced)—it is the prisoner's writing; I know it, I have seen him write many times—it is directed to my son, who is here—my son had at the same time the duplicates of two watches, which I have since seen, one in the prisoner's hands and the other in the pawnbroker's—these are them (produced)—
they are mine, and what were in the drawer—on 28th Nov. I missed a suit of my clothes, and a suit of my son's from two drawers in the same chest—those drawers were not locked, but the room door was—the policeman has my son's suit.
JOSEPH LURKIN TURTLE . I live with my father, and have known the prisoner a long time—I recollect his coming and staying at our house from Aug. to Sept.—on 26th Sept., about nine o'clock in the morning, while my father was out, he came and had breakfast with me—I cannot exactly say how long he stayed; he left between ten and twelve, the same day the watches and rings were missed—I received this letter on 10th Oct.; it is the prisoner's writing—(read—"Joseph, If you go to Emma Cook's, No. 3, New-street, Kent-road, you will be able to get the mourning-ring; the other one I have left at aunt Price's; the tickets enclosedof are the watches. your, Willame Johan Hopkins P.S. I know that she pledged the mourning-ring for 5s., at the corner of the Southwark-bridge-road, on 28th of last month, about nine in the evening, so it will not do for her to say I did not let her have it for herself")—The letter contained two duplicates of watches; I took them to the pawn Broker's, and the watches were produced—I went to Emma Cook's, got the ticket of the ring, went to Mr. Attenborough's, the pawnbroker's, and paid the interest for fear it should be lost—this is the ring (produced), it is my father's property—we afterwards missed wearing-apparel, which we have got since by means of a ticket which was found by a lodger in the back premises.
JOHN JOSEPH SHARP . I am a coffee-house keeper. The prisoner lodged with me; when he went away he left a bundle containing two shirts, a pair of stockings, two handkerchiefs, and a picture; I delivered them to the policeman after the prisoner was in custody—the prisoner told me it was his mother's picture.
EMMA COOK . I live at 24, New-street, Kent-road. I know the prisoner; about two months before I was before the Magistrate he went home with me, and gave me this ring to pledge; I pledged it for 5s., and he made me a present of the duplicate—about a fortnight after I gave it to Mr. Joseph Lurkin Turtle.
Prisoner. Q. Did I not give you 4s. 6d.? A. Yes; and in the morning you asked me whether it was my own room; I said, "Yes;" you said you would like to have breakfast, but you had no money—I said you were welcome to a cup of tea or coffee; and after that you asked me to pledge the ring which you took off your finger.
DAVID HANSELL (policeman, M 17). I took the prisoner on 9th Dec, and said, "I suppose you are aware what it is for?"—he said, "Oh, yes! all right, Davey, I will go with you; I am aware of it"—Joseph Turtle came up to him and said, "Bill, I did not think you would have served me so, such a friend as I have been to you"—he said, "Well, it is done; it is a bad job."
Prisoner's Defence. I had some breakfast with him; went out, and have not been in the place since. V.
(read—Central Criminal Court, William John Hopkins, Convicted Oct. 1847; confined eighteen months) I was at the trial, the prisoner is the person.
Prisoner. The prosecutor found I had nothing to do with that robbery; he petitioned the Secretary of State, and got me out after eight months.
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged 12.— Confined Three Months.
MARY ANN BURTON . I was in the service of Mr. Boulter, a butcher, of Brixton. On the night of 20th Dec., at a quarter or twenty minutes to nine o'clock, I was standing at a shop-window in Newington Causeway, and found myself closely pressed against the shop-window by three men, so that I could not make my way through them; the prisoner is one of them, I am sure—he was as close to me as he possibly could be—I should not know the other two—I asked them to allow me to pass—I missed the weight of my purse from my pocket; they let me pass, and the prisoner ran off—I felt my pocket and missed my purse, which I had had three minutes before—there was 5s. 3 1/4 d. in it—I followed the prisoner, and saw him caught; I did not lose sight of him—he was taken to the station, and while there, Ball brought my purse.
Cross-examined by MR. O'BRIEN. Q. Did you see any one else looking in? A. No; the prisoner had got a yard or two away from me when I felt my pocket; I had a full view of his face when they were close to me—the same light shone on the other's faces, but not so clear as on his—I never saw him before—I can scarcely say I lost sight of him a moment, I was so close to the corner.
ELIJAH KEY . I live in Devonshire-street, St. Saviour's. On the night of 20th Dec., I saw Burton at a shop-window in Newington Causeway, and three men, the prisoner was one of them, they were pushing against her—she spoke to them, but I could not distinguish what the words were—I was not at the window—the prisoner unfastened her cloak, and took something out of her pocket—he and the others ran away as fast as they could—I am sure he is the person, I did not lose sight of him; I saw him caught.
Cross-examined. Q. How far were you from him when he was caught A. About a yard—I was eight or ten yards from him when he turned the corner, but I was out in the road—Burton's pocket was at the right side of her dress.
JOSIAH WELCH (policeman, A 499). I was on duty in the Causeway, and saw the prisoner running, and Burton after him—she said, "Stop him! he has got my purse"—I followed him, and saw him stopped near the Artichoke Tavern—I heard something like money rattle—it seemed to catch against the wall by the Artichoke—I charged the prisoner with picking a lady's pocket—he said he knew nothing about it.
GUILTY . †** Aged 24.— Transported for Seven Years
MR. O'BRIEN conducted the Prosecution.
JOHN JENNINGS . I am in partnership with my brother, at 10, London-road—we are gold-beaters—the prisoner has been in our employ three or four months. On 16th Dec. I gave him 2ozs. 9dwts. of gold, worth 10l., to heat into leaf—none of the men were allowed to take the gold off the premises—he worked that day; and the next day, Tuesday, he was the worse for liquor—I think I saw him on the Wednesday, but am not quite certain—on the 19th, Thursday, at five o'clock, finding the work was neglected, I went and looked, and found the gold gone, box and all, and the prisoner also—I found him the same evening, at ten o'clock, at the Seckford Arms, Clerkenwell-green, and said, "Gilson, what have you done with the gold?"—he said, "It is in the shop"—I said, "It is not there; and if you do not come with me I shall give you in charge"—he wanted to have some more to drink—I said I should give him in charge if he did not come, and he came—on going down St. John-street, Green, who is in our employ, and was with me, spoke tohim, and the prisoner pulled the box from his pocket with the gold in it, and Green instantly handed it to me—it was the box he usually kept gold in—not a grain of the gold was removed while I had it, and on getting home I weighed it, and found it weighed only 16 dwt. 12 grains; being a deficiency of 1 oz. 12 dwt. 12 grains, worth about 6l. 12s., or 15s.—a very small quantity, not half a grain, was found in his pocket—he had no authority to remove it from our premises.
Cross-examined by MR. WOOLLETT. Q. Was he irregular in his work? A. Yes; he was a very drunken man—previous to being in our service, he had been with Mr. Law and Mr. Cathen, gold-beaters—this (produced) is the box—there is no fastening to it—it is his own—that in it now is what was found in it—the remainder would quite fill it—there is about one-third left, worth 3l. odd.
TIMOTHY JENNINGS . On 19th Dec. I saw the prisoner in our shop, about ten minutes or a quarter of an hour—I saw the box there on his bench, at nine o'clock in the morning—I had seen the gold in it at nine the evening before—I did not weigh it, but from my knowledge of the material, and from the fulness of the box, I conclude it was all there—he was tipsy on the 18th, but not on the 19th.
Cross-examined. Q. He was not given into custody till the Friday night? A. No; he was to come home, and see how much it weighed, and he slipped away at Black friars-bridge—we weighed the gold, and on the Friday found him in bed, and gave him into custody, and the gold-dust was then found in his pocket at the station.
WILLIAM GREEN . I am a goldbeater, in Messrs. Jennings' employ, and live at Charlton-street, Middlesex Hospital. I was with Mr. Jennings on 19th Dec., and on coming down St. John-street, in consequence of what he said, I said to the prisoner, "Mr. Gilson, give me the box"—he gave it me directly—I kept it two minutes, and handed it in the same state to Mr. Jennings—I took no gold out—I was present when it was weighed; it weighed 16dwts. 12gr.
Cross-examined. Q. This was Christmas week? A. The week before; I had been drinking with the prisoner part of that day, and from seven to nine the evening before—he was drunk two or three times that week.
WILLIAM NORMAN (policeman, P 79). I took the prisoner on 20th Dec., and told him he was charged with stealing gold—he said, "Am I the picked one?"—I searched him at the station, and in his right-hand trowsers pocket I found this small quantity of gold with some tobaccodust—I produce the box.
NOT GUILTY .
ADJOURNED TO MONDAY, FEBRUARY 3RD, 1851.