CENTRAL CRIMINAL COURT.
Minutes of Evidence
Session IV to Session VI
CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 3rd, 1851.
PRESENT—The Right Hon. the LORD MAYOR; Sir WILLIAM MAGNAY, Bart., Ald.; Sir JAMES DUKE, Bart., Ald.; and Mr. RECORDER.
Before Mr. Recorder, and the First Jury.
NOT GUILTY .
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
443. JOHN BAKER , embezzling 1l. 10s., and 14s. 6d., the moneys of John Eyke, his master; also, obtaining 8 half-crowns, 10 shillings, and 1 sixpence, the moneys of Richard Matthewman, by false pretences: to which he pleaded
GUILTY . Aged 37.— Confined Four Months.
GUILTY . Aged 40.—He received a good character.— Confined Six Months
GUILTY . Aged 18.— Confined Two Month.
GUILTY .* Aged 18.— Confined Three Months.
447. WILLIAM WAKEHAM , stealing 1 telescope, value 14s.; also, 2 scent bottles, 12s.; also, 1 needle-book, 1 bracelet, and other articles 2l. 7s. 3d.; the goods of Abraham Nathan Myers, and others, his masters: to which he pleaded
GUILTY . Aged 26.—Received a good character, Confined Six Months
448. CHARLES HEAD , THOMAS LILLEY , and WILLIAM STEWARD , stealing 11lbs. 13ozs. weight of veal, 2lbs. of beef, 1/2 lb. of cheese, and 6 apples, value 11s. 4d.; the goods of Henry Adams.—2nd COUNT for receiving.
STEWARD pleaded GUILTY .* Aged 20.— Confined Six Months.
SARAH WREN . I am cook to Mr. Henry Adams, of 19, Hanoverterrace, Notting-hill. On Saturday, 4th Jan., about seven o'clock, I missed some beef, veal, and apples, from the safe, in the front area, where I had seen them a quarter of an hour before—I informed the constable.
JAMES HITCHCOCK (policeman, T 25.) In consequence of information from Wren, I searched round the premises, but found nothing—as I came out I saw Lilley go by in a direction from a field adjoining the premises—I knew him before—I went into the field, and there found some veal secreted in a hole in the grass—I then directed the constable on the beat to watch, and left—I returned about nine o'clock, and he had just apprehended Stewart and Lilley; Stewart ran away—I afterwards apprehended him—I took the veal the next day to Mr. White's, the butcher.
SOLOMON GENTRY (policeman, 7 243.) I was called by Hitchcock to watch the veal—in about half an hour Lilley and Stewart came into the field, went up to the veal, looked at it, and said it was all right—there was a gas lamp close by—after staying there a few minutes they went away—I remained there watching till a few minutes before nine, when Stewart and Head, and a fourth lad came—they said to each other that they should pick up a b good stone or two, as there might be somebody watching them—I think it was Lilley said that, I am not certain; but when they started to run away, Lilley threw some stones down—Stewart went up to the veal, and as he was in the act of picking it up he caught sight of me—they said something, and all ran off—I pursued them, and overtook Head and Lilley—they said they had not come there to steal it—I took the veal to the station.
Lilley. I was not in the field at the time. Witness. I am sure he was; I was within two or three yards of him, and I knew them well by sight.
JOSEPH TAYLOR . I am in the service of Mr. White, the butcher. On 6th Jan. the policeman brought me a fillet of veal—I had stood by my master's side, and seen him cut up that fillet, and I took it to Mr. Adams—it was skewered up in the same way, and was exactly in the same state except being dirty.
SARAH WREN re-examined. The veal was delivered on the 4th, by Taylor; it was in the same state when the policeman brought it to me, only dirty; the safe was shut quite close, but I think it was not locked—the area is open to the street.
Lilley's Defence. I was going by the house, and saw a policeman talking to the servant; he stopped me, and asked if I had seen any one going by with a basket: I was going down to my brother-in-law; I came back and
met the boys; I asked where they were going; they did not satisfy me, and I went with them; we were going across the field; they saw the policeman, and ran away, and I ran too, and the policeman took me.
Head's Defence, I was standing against the gate, and Stewart and Williams, the other boy came up to me; Williams said he would give me some beer if I would go as far as the Castle: I went with them; I went, they went into a field; Stewart and Williams ran away, and I ran after them, and I was taken.
LILLEY— GUILTY of Stealing. Aged 20.— Confined Four Months.
HEAD— NOT GUILTY .
NEW COURT.—Monday, February 2nd, 1851.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. MOON; Mr. Ald.
FINNIS; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
ELLEN NOVATI . I am the wife of Mansueto Novati, of Saffronhill. The prisoner was in our employ about two months—on 13th July, about half-past twelve o'clock at noon, my servant brought me in ten sovereigns, and put them on the bench in the shop by my side—the prisoner was there—I told her to get me change for one of them, which she did—I then had to go to the street-door—the sovereigns were then on the kitchen-table—I had left the prisoner in the shop—while I was at the door, the baker brought the dinner, and the prisoner took it in and took it down in. the kitchen—he came up again, and walked through the shop, and up the street—I had before given him 7s. 6d. to go on an errand for roe, and he said be would go in twenty minutes—when he went away he did not return—I missed the sovereigns in about an hour afterwards—I was at the door speaking to a gentleman about ten minutes—there was no one in my house but my three children and my servant and myself.
JOHN PORTER (policeman, G 101). I took the prisoner at the Artillery Barracks, at Woolwich, on 28th Dec.—I said it was for robbing his late employer—he said he knew all about it, it was a bad job, and he must make the best of it; it was no more than he expected; that he heard I was after him.
GUILTY . Aged 20.— Confined Six Months,
MR. PARRY conducted the Prosecution,
WALTER JUSTICE. I am an attorney; I live in Berners-street, Russellsquare. I have a client named Rowe—I have not seen him, transactions between us have been by correspondence—I have reason to believe he is blind—on Monday morning, 18th Nov., a person, between fifty and sixty
years of age, came to my office in a cab with a little boy—it was a wet morning—the door was open; he was led in by the boy—he appeared to be blind—he was about five feet six inches high—he had a brown coat on, and was rather stout, and had grey hairs—he said he wanted me to apply for 68l., money lent to a person named Armstrong, who had been a tenant of his, and his tenancy expired at Michaelmas-day, and a day or two before he had asked him whether he might stay a day or two over, and he had given him permission so to do, and instead of that he had stopped a month or five weeks, and he wished to know whether he could recover rent for that time—I said I would see what I could do for him—I asked him the address—he gave me "Joseph Armstrong, Nine Elms, Wandsworth-road"—I asked his own address, and he pulled a letter out of his pocket, having a post-mark, with the address "Mr. Charles Rowe, 3, Warwick-street, Vauxhall-bridge-road"—I knew that the Mr. Rowe that I had transactions with, had removed—I concluded it was him, and that he had gone there—he also said he had let his house again, and the tenant wanted a lease—he wanted to know what the expense of a lease would be—I told him about 6l. or 7l.—on the same day I wrote to Armstrong, making an application for the 68l., and also for the rent—I directed it, "Joseph Armstrong, Nine Elms, Wandsworth-bridge-road"—Rowe had left with the little boy in the cab—on Wednesday, 20th Nov., the prisoner called on me about ten in the morning—he said he came in answer to my letter, and he was very much surprised that Mr. Rowe had consulted a solicitor-about the matter—he said he never disputed owing the 68l. for money lent, but he objected to pay anything for rent—I insisted on having something for rent, and we had a long discussion—he ultimately agreed to pay half a quarter's rent, which was 6l. 5s.; that with the 68l. made 74l. 5s.—when he had agreed to that, he said he had deposited some deeds relating to his wife's property with Mr. Rowe, as security for the 68l. lent, and he should expect those deeds to be given up—I said of course they must, but I could not send down that day for them—he said his wife was on the eve of her confinement, and it would be a great relief to her mind, and to his own, if the matter could be settled that day—I said if he would pay for a messenger, I would send for them—he said he would—I agreed to send a messenger, and he agreed to come at four o'clock, and pay the 68l., the 6l. 5s., and take the deeds—he went away, and in about half an hour Rowe came in a cab with the same little boy—he still appeared to be blind; he could not find a chair to sit down—I said to him, "I was just going to send to you; I have written a letter to you," and I read it to him—this is it—"Dear Sir, Mr. Armstrong has called on me, and after some conversation, he has agreed to pay the 68l. and half a quarter's rent; he wishes to have the deeds back that you hold; he has appointed to call at four o'clock and settle; I shall feel obliged if you will call on me at that time with them"—Rowe said he was much pleased that I had got the 6l. 5s. for the rent; it was more than he expected, and he would give me 2l.—I said I would not accept it—I asked him about the deeds—he said, "Yes, there are deeds; I had forgotten them; I have deposited them with a friend of mine for the money; will you give me the money to get them, and I will be with you at three o'clock"—I said, "I don't mind letting you have the money if you will bring the deeds to me at that time"—he said he would do so, and at the same time he said he had
arranged with his new tenant, and he had agreed to take a lease of the house that Armstrong had left if I would prepare a lease for 6l.—I said I would—he said, "You had better deduct that 6l. from the amount you will have to give me"—I did so, and gave him this check for 68l. 5s.; I received it from my bankers as paid—after that I did not see either of the men again—Rowe has not been found—the prisoner was taken, in consequence of a bill that I circulated—I found the next morning that the check had been paid—I believed every word of the statements that Rowe and Armstrong made to me; I could not for some days believe they were false—it was in consequence of believing the statements that I parted with my check.
Cross-examined by MR. PAYNE. Q. Did you inquire whether there was any "IOU," or bill of exchange, for the money lent? A. No; I did not know Armstrong—I fancied the Mr. Rowe that called on me was my Mr. Rowe—not having seen him, I treated the Mr. Rowe who called as a perfect stranger—he was with me the first time perhaps a quarter of an hour or twenty minutes, and the second time about ten minutes—I am confident the prisoner is the person who came to me as Armstrong; I recognised him the moment I saw him—he was only with me once, and that was from five to ten minutes—I did not see him again till some time after the bills bad been out, and he was in custody—Rowe appointed to be with me at three o'clock, and on his promise to give me the deeds I gave him the money.
WILLIAM DAVIS . I live at 3, John-street, Lambeth, and am a hackneycarriage driver. On 20th Nov. I was called by a little boy, about ten years old, from Kennington stand—he got into my cab, and ordered me to go towards Camberwell—he said, "There are two gentlemen who want you"—I went and met the prisoner, and an elderly gentleman, shorter than him, who appeared blind—I should say he was upwards of sixty years of age, his hair was grey, and he had grey whiskers—he was a short stoutish man—the prisoner and the old man got into the cab, and ordered me to drive to the Foundling Hospital—I pulled up there, from about half-past ten to eleven o'clock—the little boy had gone with me from Kennington—when I got to the Foundling, a young man came across the road; he said to them in the cab, "What a time you have been!"—something else passed between them, but I did not understand what the words were—the prisoner then went in the direction of Russell-square—the young man got into the cab, and they ordered me to drive on to the first turning—I drove on to a public-house at the corner of Grenville-street—the old man and the little boy got out and went into the public-house—the young man had left before, but he came back to the public-house—I was paid 3s.—I remained standing there, and the prisoner came back along Grenville-street—he said to me, "Where is he?"—I said, "They are in the public-house"—I asked him if he would want me again; he said he did not know—he went into the public-house; he did-not remain there many minutes—he came out with the blind gentleman and the boy—the old gentleman then ordered me to go to 6, Berners-street, Russell-square—I said to the prisoner, "What does he say?"—he said, "Go to 6, Berners-street"—the old gentleman and the boy got into the, cab and I drove there—it was about eleven—the blind man and the boy got out and went into the house; they remained there not many minutes—they came out
and went in the cab back to the public-house at the corner of Grenville-street—the young man who had met us, and the prisoner, shortly afterwards came up; they told us to go to Lamb's Conduit-place—I went on there, and there the prisoner came across to the cab and spoke to them—he had got into the cab, but he left us at the end of Lamb's Conduit-place, I believe I did not see where he went—the old man then told me to drive on towards the City, to a respectable public-house; he proposed the "Blue Posts," and I went there—when they got there, they sat still in the cab about twenty minutes—the prisoner then came up, got into the cab, and I was ordered to drive directly to Fenchurch-street, to some public-house; I forget the name—when I got to Fenchurch-street, I stopped and asked what house it was, and they got out and said, "This will do," and the prisoner paid me 2s.—while he was paying me, I lost sight of the old man and the boy—I remember that I had carried the old man before, and I believe the prisoner was with him—it was through me that the prisoner was taken—I saw him in King-street, Westminster, and gave him into custody.
Cross-examined. Q. When was that? A. On Saturday, 28th Dec.; I had a lady in my cab—I saw three policemen, and I called to one—the prisoner was at the corner of King-street, going towards Charing-cross; I was going in that direction—I said to him, "Halloo, Charley, how do you do?"—he said, "Middling"—I said, "I have not seen you some time; have you been in the country?"he said, "Yes"—I called a policeman, and gave him into custody.
MART ANN PUMPHERY . I live with my parents, in John's-place, Camberwell New-road. I know the prisoner by the name of Charles, only—I resided with an old gentleman, who was blind, at 2, Cramer-street, Brixton, six weeks—he was about forty-seven or forty-eight years of age—he was short, and rather stout—his name was Ratten—the prisoner was there every day except Sundays—he was known as Charles—he used to ask for the old gentleman by the name of Ratten—Mr. Ratten had a son, about eighteen; I was hired by him—I did not hear any conversation between the old gentleman and the prisoner—I was discharged by the young man on the 28th—on the 27th he gave me 6d. to go to the theatre—I slept at my mother's that night; and on the 28th, when I came back, the old gentleman was not there—I remember his going out two days in Nov., on Monday, the 18th, and on Wednesday, the 20th—they were wet days—the prisoner went with him each day—they left about half-past nine o'clock, and returned together about two—the prisoner used to take his meals there—I do not know that he slept there—shortly after the Wednesday I changed a 5l.-note for Mr. Ratten.
Cross-examined. Q. In what capacity was Charles? A. I do not know; he used to be sent on errands by Mr. Ratten—Mr. Ratten said he had been his servant for ten years.
JANE ABRAHART . I am the wife of Henry Abrahart, a tobacconist, of 3, Warwick-street, Vauxhall-road. About the middle of Nov. a person came and asked my permission to have a letter addressed there—I think it was the prisoner—he purchased a Cuba cigar—the name he gave for the letter was "Charles Rowe"—a letter came by post afterwards, which I took in for him—I did not deliver the letter to him myself, but my husband did.
Cross-examined. Q. You had not seen the person before? A. No; I have every reason to believe the prisoner is the man, by his countenance; I will swear positively he is the man—I was a minute or two in the shop with him—I saw him again at the police-court, Clerk en well—I recognized him immediately.
CHARLES ALBERT MEATON . I am the son of the last witness. I remember the prisoner calling about a letter at my father's shop—my mother is married again—the prisoner asked her whether she would let him address a letter there—she said, "Yes"—he said the name was Charles Rowe—he bought a Cuba cigar.
Cross-examined. Q. Where were you when he came? A. Behind the counter; I could see over the counter—he wrote his name on a piece of paper, and my mother put it into the drawer—this is it—there was the name of "Charles Rowe" on it.
WILLIAM SIMKINS . I keep a hairdresser's shop, at Nine Elms, Batterseafields; that leads to Wands worth-road. About a week before 21st Nov., the prisoner came to my place—I had not known him before—he got shaved, and he told me he had put an advertisement in the Times for a situation of gardener, and he asked if I would allow his letters to be left at my place—he gave the name of "Joseph Armstrong, Nine Elms, Wandsworth-road"—three letters came for him in one day, and he fetched them away himself—a fourth came, which he did not fetch; I gave it to Mr. Justice.
JOHN COPUS (policeman, A 132). On 28th Dec. the cab man, Davis, gave the prisoner into my custody—the cab man showed him the bill, and the prisoner said, "I will go"—the prisoner had not time to read the bill—the caiman pulled the bill out of his pocket, and said he would charge him with it—on the way to the Court, I asked him if he knew where Rowe was—he said, "No; he is an old rogue; I had none of the money."
GUILTY of Conspiracy. Aged 39.— Confined Eighteen Months.
GUILTY . Aged 30.—He received a good character.— Confined Six Months
GUILTY .* Aged 18.— Confined Twelve Months.
GUILTY .* Aged 17.— Confined Twelve Months.
GUILTY .* Aged 21.— Confined Twelve Months.
GUILTY . Aged 40.—Recommended to mercy. Confined Three Months
GUILTY .* Aged 20.— Transported for Seven Years.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.— Confined Four Months
GUILTY .* Aged 17.— Confined Twelve Months.
GUILTY .* Aged 16.— Confined Twelve Months.
GEORGE HOLLIDGE . This shovel is my father's, John Hollidge—he lives at Tottenham—I saw it safe at eight o'clock on Wednesday night, 15th Jan., in a stable, which communicates with a barn, belonging to my father, in a field in West Green-road—the next morning I missed it.
RICHARD SINCLAIR (policeman, N 321). In consequence of information I searched the prisoner's house—I Raw his wife there—I found this shovel under the bed—I afterwards took the prisoner in Tottenham—he said he knew nothing of it then; that it was given him by a man to take care of—I produce a certificate of the prisoner's conviction at this Court—(read—Convicted Oct. 1845, and confined three months)—he is the person—he has been once in custody since.
GUILTY . Aged 42.— Confined Six Months.
EDWARD JOHN COMPLIN . I live in Charterhouse-square. On 28th Jan. I was in Cheapside—I saw the prisoner walk in at the prosecutor's shop-door and take a shawl—he tied it round his neck—I followed him and gave him into custody.
FRANCIS BROWN . I live in Cheapside. I have one partner—this shawl is Ours—I saw it safe half an hour before it was missed—about an hour before the prisoner came to the door with another man, took hold of the shawl, and then left it and went away.
Prisoner. Q. How can you swear to it? A. By the pattern; we have no other like it.
Prisoner's Defence. I was walking near St. Paul's Church with a friend when I was taken, and charged with stealing the scarf on my neck; I and my friend bought one each in Petticoat-lane; he had his also on his neck.
GUILTY . Aged 28.— Confined Four Months.
OLD COURT.—Tuesday, February 4th, 1851.
PRESENT—Sir PETER LAURIE, Knt. Ald.; Mr. RECORDER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Second Jury
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY . Aged 21.—He received a good character.— Confined Seven Days
WILLIAM KELSEY . I am thirteen years old, and live with my parents at Newington-causeway—I am in the employ of Mr. Unwin, of Bucklersbury. On 24th Jan., about one o'clock, I was at a music-seller's window at the corner of Lawrence-lane—I saw the prisoner there—he took a handkerchief out of a gentleman's pocket, and put it into his own right-hand trowsers pocket—the gentleman went away—the prisoner then took a handkerchief partly out of another gentleman's pocket, and then put it back again—I was about two yards from him, and am sure he is the lad.
HENRY ROWE (policeman). Kelsey gave me information, and I took the prisoner at the shop—I found these seven handkerchiefs on him—some of them are marked in full—this white handkerchief was in his right-hand trowsers pocket, and this other white one in his left.
Prisoner's Defence. I bought them of a man for 3s.
GUILTY . Aged 19.— Confined Three Months.
NEW COURT.—Tuesday, February 4th, 1851.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. Moon; Mr. Ald. FINNIS; Mr. Ald. LAURENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 55.— Confined Twelve Months.
GUILTY . Aged 33.— Confined Twelve Months.
GUILTY . Aged 34.— Confined Twelve Months.
GUILTY . Aged 50.— Confined Eighteen Months.
469. MARY EMPSON , stealing 2 blankets, value 8s.; also, 9 shirts, and other articles, 12l. 10s. 16d.; also, I knife, and other articles, 6s.; the goods of George Brown, her master: to which she pleaded
GUILTY . Aged— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HARRIET HANNAH MAY . I am the wife of Charles May, a cheesemonger, of College-street, Chelsea. On 18th Jan., about nine o'clock in the evening, the prisoner came for a quartern of 10d. butter—he put down a bad shilling—I gave it my husband.
CHARLES MAY . My wife gave me a shilling; I bit it and bent it, and found it was bad—I said to the prisoner, "I think you are the man that brought a bad shilling last week, or the week before"—he said, "You are mistaken altogether"—he gave my wife a good shilling, and she gave him change—when he was gone I desired my errand-boy to follow him—in a short time I went to Mr. Wing's, a baker, and found the prisoner there—I gave the shilling I received from my wife to the policeman.
MARY ANN WING . I am the daughter of Charles Wing, a baker, in College-terrace. On 18th Jan. the prisoner came in, a little before nine o'clock in the evening, for a half-quartern loaf; it came to 2 1/2 d.—he offered me a shilling, and I showed it to my father—he said, in the prisoner's hearing, it was bad—the prisoner gave me a good one—Mr. May's boy came in and said the prisoner had just passed a bad shilling at their house—the prisoner said he was not aware it was bad—a policeman was sent for—I marked the shilling, and gave it to the policeman.
Prisoner's Defence. I was not aware that I had any bad money about me; I took 6s. for work.
GUILTY . Aged 40.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EDWARD EASTMAN . I am a tailor, in Brick-lane, Old-street. The prisoner came to ray shop on 7th Jan., between seven and eight o'clock in the evening—another man came in shortly afterwards; he appeared to be waiting—the prisoners asked for a pair of trowsers; I produced some; they both looked at them, and selected a pair, which came to 8s.; Cullum paid me for them with a good Victoria sovereign; I examined it, and rang it on the counter; I am a pretty good judge of coin—I satisfied myself that it was good, and put it into my till—there was but one other sovereign there, which was an old George and Dragon sovereign—I was counting out the change, and Davis said, "I think I can save your changing;" and he was pulling some shillings out of his pocket, a shilling at a time—I took the sovereign out again—I am perfectly certain that it was the same that I took from the
prisoners—I put it down on the counter, in front of Cullum, while Davis was counting out his silver one shilling at a time—in turning round to Davis to receive the silver, I lost sight of the bright sovereign for a moment—I did not receive the 8s. from Davis; for Cullum said, "Never mind, take it out of this," pointing to the sovereign lying on the counter—I saw it was not the same that I put down; and directly I took it up, I found it was light; it was bad—I said, "It is a bad sovereign"—I showed it to my wife; both the prisoners reached over my shoulder, to get it out of my hand; Davis caught hold of it, and I had to force it from between his thumb and finger—my wife shut the shop-door, and sent the boy for a policeman; I placed my back against the door—Davis seized my right hand, and tried to get the sovereign out of it; he got my finger into his mouth—the third man rushed past me, up against Cullum, and pushed him up in a corner; a neighbour came in, and the third man slipped beside him, and got away, while I was engaged with Davis—this man had the opportunity of receiving anything from Cullum, and he went out in less than half a minute afterwards—a policeman came; the two prisoners were searched in the shop—no sovereign was found on either of them—I marked the bad sovereign, and gave it to the policeman.
Cross-examined by MR. PAYNE. Q. The sovereign that you consider bad was exactly in the same place where the other sovereign was put down, on the counter? A. Yes; my till is a box, with a lid to it—I did not see the third man actually pass the door, but I missed him in a moment—I had one other sovereign, which I had taken in the course of the day, I do not know from whom—I had not been out of the house the whole day—I bad been out of the shop—no one took money but me—my wife served in the shop—I put the gold into a bowl.
MARY ANN EASTMAN . I was sitting in the parlour, and saw the prisoners come in for a pair of cord trowsers—I heard my husband ring money on the counter; he put it into the bowl, and was counting put the silver; and Davis said, "I can save your changing"—my husband took the sovereign back, and put it on the counter; his back was towards Cullum while he was turning to get the silver—Davis was a considerably time taking the money out of his pocket, and Cullum said, "Never mind, take it out of this"—my husband then said, "This is a bad sovereign"—they both tried to get it out of his hand—I ran and shut the door, and told the boy to go for a policeman—both the prisoners tried to get away—I went to the next shop; a person came from there—I saw a third man in our shop; and I went twice to him, and asked what he wanted; be said, "I am not in a hurry, I will wait till these gentlemen are served"—he was not in the shop when I came back.
Cross-examined. Q. You were not examined for a week? A. No; the case was remanded for a week, and then I was brought—the neighbour is not here, nor our boy.
JOSEPH HORAN (policeman, G 155). I was called to Mr. Eastman's, and received Davis into custody—I found three shillings and one halfpenny on him, but no sovereign—Cullum was searched in my presence; a counterfeit sovereign was found on him.
CULLUM— GUILTY . Aged 32.
DAVIS— GUILTY . Aged 23.
Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN PRICE . I am barmaid at the George, Queen Ann-street, Marylebone. On Saturday evening, 4th Jan., the prisoner came in, between four and five o'clock, for a bottle of pale brandy—I served him; it came to 5s.; he gave me a sovereign; I weighed it; it was good; I gave him a half-sovereign, 4s. 6d. and 4d., charging 2d. for the bottle—he asked the price of the brandy; I said, "5s.;" he said he was only to give 4s. 6d. for it, and he said he would go back, and see if it would do—I returned him the sovereign, and took up the change—he took the sovereign into his hand; he then put a sovereign down again, and said he would take the change, and if the brandy did not do, he would return it if I would return him the money—I took the second sovereign up, and weighed it; it was a great deal lighter—I said, "This is not the one you gave me first"—I am sure it was not the same—the change was at that time on the counter; I took it up, told him to wait a moment, and took the sovereign to Mr. Betts, who keeps a silversmith's shop—I could go there without coming out of doors—while I was there I saw the prisoner pass by—I pointed him out, and Mr. Betts went and brought him back; an officer was sent for; he was taken into custody—I gave the officer the sovereign that the prisoner put down the second time.
Prisoner. Q. When I gave you the sovereign, you put it into the till, and shut it? A. Yes, but this was the top one—there were several more in the till—you did not take your hand out of my sight, but you put your elbow on the counter—the second sovereign never went into the till.
JAMES REGAN (police-sergeant, D 18). I took the prisoner—he said he lived at 26, Kingsgate-street, Holborn—I went there and he was not known—I found on him 3s. 6d. in silver, and 2 3/4 d. in copper, but no sovereign—I received this sovereign.
Prisoner's Defence. When I gave her the sovereign a second time she said it was bad—I have as much right to accuse her of changing it, as she has me; there was no sovereign found on me.
GUILTY . Aged 24.— Confined Twelve Months.
NOT GUILTY .
MESSRS. ELLIS AND BODKIN conducted the Prosecution.
THOMAS CHAMBERS . I keep an oil-shop, in Houndsditch. On 13th of Jan. the prisoner came for one pound of 4d. soap—she gave me a shilling—I gave her change and she left—I had placed the shilling in the till; there was only a sixpence there—after she was gone I looked at the shilling, and found it was bad—there had been no dealing with the till in the meantime—I found only that one shilling in the till—I marked
it, and put it aside—on the 15th she came again and asked for a pound of 4d. soap—I recognised her—she tendered me a bad shilling—I went round to stop her from going out, and she said, "Is it a bad one?"—I said "Yes, you know it, and you passed one on Monday evening"—she said, "I never was in the shop before"—she wanted to go out—I said, "You shall not till I know where you got this money"—she then held up her hands to some persons outside, and said, "Why don't you come in?"—I said, "The first man that comes in I will run him through"—one man tried to come in, but when he heard that he kept back—the prisoner said "I am d—d if I don't go; "she kicked, and bit, and scratched me—my hands were covered with blood—I marked the shillings and gave them to the policeman—when I resisted the prisoner going out, she threw some flour at me.
ROBERT LEE (City-policeman, 642). I took the prisoner; she gave her address 8, Green-street, Whitechapel—I have been there, and she is not known there—it is a corn-chandler's shop—Mr. Chambers gave me these two shillings.
Prisoner's Defence. I never was in the shop before—I offered to go with the officer to where I bought the flour; I took the shilling there.
GUILTY of the second offence. Aged 25.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and BODKIN. conducted the Prosecution.
JOHN REEVE . I am a tobacconist, of Upper Thames-street. On 5th Jan. Johnson came to my shop between three and four in the afternoon—be bought a pennyworth of tobacco, and put a sixpence on the counter—I found it was bad, and broke it in pieces—be left the shop—I told a boy. that lodges with me to watch him—soon afterwards I went out to Water-lane, about 250 yards from my house—I saw Johnson come out of Mr. Knight's shop; Sheehan was waiting near the door—they joined, and walked up Water-lane together—they were taken into custody—I gave the broken pieces of the sixpence to the officer.
JOHN CHARLES . I live in Mr. Reeve's house. On this Sunday afternoon be told me to go after Johnson, who I had seen in his shop—I followed him; he met Sheehan and they walked together to Water-lane—Sheehan stood at the corner and Johnson went into Knight's—he came out again and joined Sheehan—I went into Knight's and asked the person if she had taken bad money—I came out and Johnson was with Sheehan—I saw him pass something to Sheehan—they went straight up Water-lane—I told an officer, and they were taken.
HARRIET KNIGHT . I am the daughter of Harriet Knight, who keeps a tobacconist's shop in Water-lane. On 5th Jan. Johnson came in and asked for a quarter of an ounce of tobacco, it came to a penny—he gave me a sixpence, and I gave him 5d.—as he went out Charles came in; I looked at the sixpence and found it was bad; there was no other sixpence in the till—I gave it to the policeman.
SHEEHAN— GUILTY . Aged 20.— Confined Six Months.
GUILTY .— Transported for Seven Years.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 27.— Confined Twelve Months.
GUILTY of Assault. Aged 16.— Confined Twelve Months.
MICHAEL HAYDON (City-policeman). I saw the prisoners together in Cheapside—Baker went by the side of Mr. Hamilton, put his hand in his pocket, and pulled out a handkerchief, which be gave to Bennett, who put it in his pocket—I laid hold of them; Bennett threw the handkerchief away.
JAMES BRETT (City-policeman, 13). I was with Haydon—I saw the prisoners behind the prosecutor—I took Bennett, and saw him throw this handkerchief down, which I took up, and took him to the station—I found on him a duplicate of another handkerchief.
Baker. I never had it; it was taken from the ground by the officer; they did not know who it belonged to.
BAKER*— GUILTY of Stealing.— Confined Twelve Months
BENNETT— GUILTY of Receiving.— Confined Six Months
MR. PAYNE conducted the Prosecution.
JAMES BAILEY . I am clerk to Mr. David Hart, he trades under the name of Hart and Co., as wine and spirit merchant, No. 59, Fenchurch-street. On 1st Aug., between four and five o'clock, I saw the prisoner with a crate of bottles; he asked a man going by to give him a lift—I suspected something wrong, and went to our cellarman, and he went out directly.
Cross-examined by MR. PARRY. Q. What time was this? A. Between three and four in the afternoon—I saw him more than a moment—I noticed him very particularly, because I suspected something was wrong—I knew him again directly I saw him.
back, with our name on it—I took him by the collar, and called for assistance—he knocked my arm off from him, and escaped—there were six dozen bottles.
Cross-examined. Q. Are you sure he is the man? A. Yes; I had him face to face.
MR. PAYNE conducted the Prosecution.
JOHN FOULGER SUGGERS . I am cellarman to Mr. Richard Bevan Martin, in Mark-lane. On 16th Jan. I had two baskets in the gateway of No. 15, where I lire—I was called from the cellar by Jones, and missed one basket—I went up the lane to Star-alley, and saw the prisoner in custody, and the basket at his feet with two dozen of bottles in it—the basket was worth 3s.—it belonged to Mr. Martin, and the bottles belonged to Mr. Polhill.
Cross-examined. Q. Were the bottles in the basket when it was in your gateway? A. No, the two baskets were empty—I had never seen the prisoner before.
WILLIAM JONES . I am porter to a wine-merchant, at 12, Mark-lane. On 16th Jan., in the afternoon, I saw the prisoner go up the gateway of 15, Mark-lane, three or four different times—I crossed the road, and stood opposite the gateway that I might see what he did—I saw him take the empty bottles out of the prickle and put them into the basket—he then came out of the gateway—he went back again, and brought the basket and bottles out under his arm, and turned up Mark-lane, towards Fencburch-street—I went to tell the cellarman—I then ran up Mark-lane, and overtook the prisoner near Star-alley with the basket and bottles—I tapped him on the shoulder, and asked where he was going—he said, "It is all right, they are my bottles and my basket"—I said, "You are quite wrong, Mr. Martin's name is on the basket"—I laid hold of him—he put the basket down, resisted, and ran across the road—I called to another man, who seized him, and I went over and seized him again—he has been in custody ever since.
Cross-examined. Q. Had you ever seen him before? A. Yet, I had seen him pass up and down Mark-lane—I knew him by sight—I am satisfied he is the man.
GUILTY . Aged 28.— Confined Eight Months.
GUILTY . Aged 17.— Confined Six Months.
OLD COURT.—Wednesday, February 5th, 1851.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice COLERIDGE; Mr. Justice CRESSWELL; Mr. Ald. HUMPHREY; Mr. Ald. CHALLIS;
Mr. Ald. LAWRENCE; and RUSSELL GURNEY, Esq.
Before Mr. Justice Coleridge and the Fourth Jury.
484. WILLIAM SMITH , stealing, whilst employed in the Post-office, a letter, containing 001 half-sovereign, 1 sixpence, and 2 stamped envelopes, value 2d.; the property of Her Majesty's Postmaster-General: to which he pleaded
GUILTY .—(He received a good character.)— Transported for Seven Years.
485. GEORGE SLOANE and THERESA SLOANE , wilfully neglecting to supply Jane Wilbred, an infant of tender years, with sufficient nourishment for her support, by which she became ill. 2nd COUNT, varying the charge. Other COUNTS, for assaults by beating with a shoe, stripping her to the waist, and exposing her to the weather, and forcing her to eat her own excrement. (The prisoners pleaded GUILTY to all the Counts except the two first; upon hearing MR. CHAMBERS' opening on those Counts, the COURT considered that the prosecutrix could not be considered an infant of tender years, she being between sixteen and seventeen years of age, and it not being pretended that she was kept under durance, or prevented from seeking redress. MR. CHAMBERS, with MR. HUDDLESTON, contended that tender years applied to intellect and capacity, and referred to the King and Elizabeth Ridley, 2nd Campbell's Report, page 630, upon which the two first Counts were founded, in which it was held that the indictment must contain an allegation that the party is of tender years. The COURT was of opinion that the averment that Elizabeth Ridley was of tender years was omitted because it could not be proved, she being fifteen years of age; that in cases where parents apply by Habeas Corpus to have a child delivered to them, the child is considered competent to elect for itself where it will go; that a child of much earlier age can contract marriage, and that therefore it could not be held that a child of sixteen was not competent to act for itself, or that tender years referred to intellect, or else persons of thirty years of age of immature intellect might be considered infants.)
( No evidence was offered, and a verdict of NOT GUILTY was taken upon the first two Counts; upon the other Counts the prisoners were sentenced to be imprisoned for Two Years.)
Before Mr. Justice Cresswell.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WALTER ROBERTSON SCULTHORPE . I am one of the Presidents of the London district of the Post-office. The prisoner has been employed there about seven years—he was a letter-carrier in the Paddington district—on 22nd Jan. last, I made up three catch letters, addressed "Mr. C. Snewing, 3, Alphaplace, Regent's-park, London"—I enclosed in one of them a half-crown and two fourpenny-pieces, which I marked—I sealed it, and gave it to Mr. Cole, with instructions to post it with the other two—soon after that, I went to the interior of the Post-office, where I could see letters put into the box
from outside—I found this letter in the box—I took it out, and kept it till the next morning about seven o'clock, when I tied it up in a bundle of letters addressed to Paddington, the Portland-town district, in which Alpha-place is—the letters are conveyed there from the General Office by a mail-cart to Crawford-street—I saw the bundle placed in the bag, which was tied, sealed, and conveyed to the driver—it was despatched from the office about a quarter-past seven, and would be taken to Crawford-street, from whence it would be carried by a messenger, to the Portland office, Edgware-road—it would be the duty of the prisoner and the other letter-carriers of that district to sort the letters into walks for delivery—this letter ought to have been delivered in Alpha-place before half-past nine, at which time I called at Mr. Snewing's, and did not find it—I found the other two I had sent—I went on to the Paddington office with Mr. Cole, and Peak, the officer—the prisoner was not there—the other letter-carriers came in while I was there; about nine of them were searched without finding the letter—I did not allow any of them to leave, and the prisoner came there about a quarter to eleven—I said to him that there was a money-letter missing, that the others had been searched, and I must see the contents of his pockets—Peak began to search him, and I said, "The letter was addressed 'Mr. Snewing, 3, Alpha-place,' have you seen such a letter?"—he said, "No, I have not"—Peak took off his hat, lifted up the lining, and said, "Here is the letter, Sir"—I took it, and said, "This is my letter"—the prisoner said, "I took it out by mistake, and put it there that I might not forget it"—the seal was not broken then; it has been since, and I found in it the coins I placed there—Alphaplace was not in the prisoner's delivery—the carriers arrange their letters in streets before they leave the office—if a man found a letter not belonging to his walk, he should hand it over to the other—each man starts as soon as he has arranged his own letters—if the man in whose bundle a letter ought to be, was gone when it was found in another bundle, it would be handed over to the superior charge-taker.
Cross-examined by MR. WORSLEY. Q. During the time the prisoner has been there, what character has he borne for honesty? A. A good one as far as I know—if he had taken it out by any accident or mistake, he ought to have brought it back to the office, and given it to the superior charge-taker—he was coming back to the office when he was searched—he left on his rounds about half-past eight—he was not absent more than a quarter of an hour longer than was necessary.
WELCOME COLE . I am inspector of letter-carriers at the General Postoffice. On 22nd Jan., at twenty minutes past two o'clock in the afternoon, I posted this letter—I posted this letter by Mr. Sculthorpe's directions.
Cross-examined. Q. How long have you been in the Post-office? A. Upwards of twenty-five years; I know nothing against the prisoner's character.
CHARLES FRICKER . I am charge-taker at Paddington; it was the prisoner's duty to deliver letters in Park-road, and Avenue-road, Regent's Park. On 23rd Jan. I received the Paddington mail-bag from the mail-driver—I conveyed it to Paddington myself—it was opened there—three bags were taken out of it, which contained letters for the Lira-road, Maida-hill, and Portland-town districts—the letter-carriers then sorted
them—a letter addressed,"Mr. Snewing, Alpha-place," ought to have been sorted to Frederick Willis, who should have delivered it about nine o'clock, or a few minutes past—this letter may have passed into the prisoner's hands in sorting; if so, he should have handed it to Frederick Willis, and if Willis had gone, to put it on the desk for me—I imagine that he knew that to be his duty—it was against his duty to have taken that letter out of the office, if it had come to his hands—after the letters had been sorted to the carriers, they arrange them in streets, in order for delivery, before they leave the office—Alpha-place is about 250 yards from the prisoner's beat; and as it was so near, it would be his duty, if he had found this letter among his, to have delivered it on his return, and apologized for the delay—it would have been only about five yards out of his way.
Cross-examined. Q. Are not mistakes of this kind often made in sorting? A. Sometimes; but I never allow the carriers to leave the office till all the letters are looked over—we have not a rule provided for the rectification of such mistakes—it would not have been regular for him to take it to the General Office—I have been at the Paddington office since Nov. 1849, and have heard nothing against his character—I have seen him daily.
FREDERICK WILLIS . I am a letter-carrier in the Paddington district—Mr. Snewing's house is in my walk—I delivered letters there on the morning of the 23rd Jan.—I delivered all the letters that came into my possession.
Cross-examined. Q. Your beat adjoins the prisoner's? A. Yes; I am in the habit of sorting the letters in the office with the other carriers—it has happened that a letter for one district gets into the hands of a carrier of the adjoining district; in that case we have orders to deliver them as we return, if it is near our beat—if the letter-carrier is not gone to whom they belong, we should give it to him; but if he is gone, we are to put them on the desk of the charge-taker—twenty-seven carriers, I think, sort letters there altogether—I have known the prisoner two years and a half, and have seen him daily—I believe he has borne a very good character.
MR. BODKIN. Q. On this morning did you overtake the prisoner a short distance from the office? A. Yes; and joined him, and had some conversation with him—I was with him four or five minutes before we separated.
CHARLES SNEWING . I live at 3, Alpha-place, Regent's Park. I know Mr. Sculthorpe—in consequence of something that passed between us I expected three letters on the morning of the 23rd Jan.—I received two cash-letters, and several others—I did not receive one containing a half-sovereign and two fourpenny-pieces—the prisoner has not delivered letters to me to my knowledge—there is a frequent change of men.
MATTHEW PEAK . I am one of the police-officers of the Post-office. On 23rd Jan. I searched the prisoner at the Paddington-district office—I took off his hat; nothing was visible in it—I found this letter not only under the leather, but between the lining and the felt, where it was quite invisible—I should say it contained cash.
Cross-examined. Q. I suppose if you were a letter-carrier, and had a letter containing money, you would take more care of that than of others?
A. Yes; I should not put it in my hat.
(The prisoner received a good character.)
NOT GUILTY .
NEW COURT.—Wednesday, February 5th, 1851.
PRESENT—Sir WILLIAM MAGNAY, Bart., Aid.; Sir JAMES DUKE, Knt., Aid.; MR. RECORDER; and MR. Aid. LAWRENCE.
Before Mr. Recorder and the Fifth Jury,
GUILTY . Aged 28.— Confined Six Months,
GUILTY . Aged 42.— Transported for Seven Years,
MR. PARRY conducted the Prosecution,
ELIZABETH HOWARD . I am the wife of Charles Howard, of 3, Harrowalley, Aldgate; Mr. Nathan is a slaughter-butcher; his premises adjoin my house. On Sunday night, 26th Jan., about eight o'clock, I saw the prisoner and another boy go from a gateway across to the opposite side of the road, with a bag, with something in it, as if they came from Mr. Nathan's—they went on under a gateway, where the prisoner occupies a stable—I do not know what he is—he used to work for Mr. Nathan some time ago—I made a communication to my husband.
Cross-examined by MR. HORRY. Q. Was not that other person older and bigger than the prisoner? A. He was rather older.
CHARLES HOWARD. I reside at 3, Harrow-alley. I had a communication from my wife, and saw the prisoner, on the night of 26th Jan.—he was one of the two, who carried a sack on his back—they were together—they carried it right opposite where I live, where the prisoner occupies a stable—I told Mr. Nathan's man.
Cross-examined. Q. You mean you have seen the prisoner go in and out of the stable? A. Yes; I went there with the policeman, and saw the sack in the stable.
MICHAEL NATHAN . I am a butcher, and have a slaughter-house in Harrow-alley, Aldgate. On Sunday evening, 26th Jan., about seven o'clock, I left four sacks of fat in my slaughter-house—the prisoner was in my employ some time ago, and knew my premises perfectly well, and that I kept fat there—Howard gave me some information—about eight o'clock I went to the slaughter-house, and found it broken into—I missed about half of one of the sacks of fat—I went with the policeman to the prisoner's stable—he has got a pig there, worth about 5s., and he pays 2s. a week for the stable—I saw a bag in the stable with some hot fat in it—it had not been out of the bullock more than an hour—it was in the same state in which I left it at seven o'clock—I have not the least doubt it was the same fat—it was worth about 1l. 2s.
Cross-examined. Q. How do you know about his paying this 2s.? A. I have inquired of the landlord; he has been the occupier for some weeks—no other pigs or animals are kept there—I know a person named Huckle
—he has absconded—he used to work with the prisoner—they were partners—he is a little taller than the prisoner.
MR. PARRY. Q. is that man that has absconded the man who was with the prisoner when they had the fat? A. Yes, and they paid the rent together.
JAMES SAMUEL ROOTS (City policeman, 577). I went with Mr. Nathan to the stable, found the fat and the bag, and took charge of it—this is the bag—I afterwards took the prisoner—he and Huckle together keep a pig there—they paid 2s. a week for it. (The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
MR. BODKIN conducted the Prosecution.
THOMAS WESTBURY HALL . I am cashier to Mr. Charles Fox and Mr. Henderson, they are contractors for the Crystal Palace at Hyde Park—they have about 2,400 persons employed there—the prisoner was in their service, but had absented himself from some indisposition—he was time-keeper in the department of the carpenters, under a foreman, named Lovell—the men are paid at the end of the week—the time-keeper makes a sheet, called the time sheet, of the time each person is employed—that is given to me—it shows what each person is entitled to—I deposit the money each person is entitled to, and it is put in a box—the time-keeper makes the sheet for the foreman, and the foreman conveys it to my office—he makes the sheet from the report of the time-keeper—the sheets are sent in on Friday, and the next day the money is allotted—if a man leaves short of a week he is paid for his time immediately—a note is sent for it—this paper (produced) was brought to my office by the prisoner on 2nd Jan. (read)—"Jan. 2, 1851. Mr. Hall, please pay the bearer, William Halliwell, four days, five hours at 3s. 3d. a day; 14s. E. LOVELL."—there was a man named William Halliwell there—the prisoner said Halliwell was discharged, and he wanted his money—this bill was calculated by my clerk, who found it should have been 14s. 7d.; the 7d. was added to it, and it was paid—here is the No. 1,400 on it—that was Halliwell's No.; each man has a brass ticket with his number—this signature of Mr. Lovell's is very much like his writing—I know his writing perfectly well—I paid the 14s. 7d. on the credit I gave to the signature, with the money of Messrs. Fox and Henderson.
Cross-examined by MR. PARNELL. Q. Whose is this initial on it? A. The check-clerk's—it is to show that it is correctly moneyed out, as we call it—I do not pay any till they are marked so; this 14s. 7d. was put by the clerk—I did not pay the prisoner under the impression that he was Halliwell—it is customary to pay the time-keeper for those persons who are discharged—it was not my duty to pay the men themselves—the timekeeper presents these orders more often than the men—I bad very few orders of this kind about that time—this was not discovered to be forged for some days; it was not so long as a week or ten days—the prisoner was the only time-keeper for the carpenters—when he was away Mr. Cole was his successor; he is there still—there might be twenty or twenty-five other time-keepers—I paid another order the same day, which was another case of this kind—this signature is very much like Mr. Lovell's writing.
MR. BODKIN. Q. IS this paper your writing? A. Yes, part of it; I make these memorandums at the time I make the payments—fourteen or fifteen men might have been paid off that day—I have no doubt the prisoner is the person to whom I paid this 14s. 7d.—the check-clerk was present—if this had been handed to me without the initials I should have said, "Take it to the check-clerk"—I am quite sure the prisoner did not bring in another man to receive the money.
HENRY SWEETAFPLE OLDEN . I am a clerk in the cashier's office; it if my duty when an order is brought in for payment to see that the sum demanded is accurate. On 2nd Jan. the prisoner handed this paper to me for payment—I checked the accuracy of the calculation—the sum of money on it was 14s.—I found the party was entitled to 7d. more—I made the alteration, put my initials to it, handed it to the prisoner, and he presented it for payment to Mr. Hall—Mr. Hall called my attention to the signature being Mr. Lovell's—I was busy at the time—I did not look into it minutely—I said, "Yes, I believed it was Mi. Lovell's"—the prisoner was there—I believe he was near enough to hear it.
Cross-examined. Q. Did you notice to whom Mr. Hall paid the money? A. No; I do not recollect that another man was brought in.
EDWARD LOVELL . I am in the employ of Messrs. Fox and Henderson, as foreman of the carpenters. The prisoner was employed under me, as time-keeper, from 18th Nov. till 27th Dec.—I had not discharged him, but I never saw him after—he was paid 3s. a day—if a man was discharged, he would get his wages by an order like this, with my signature to it—a man named Halliwell had been in the employ a month, to the best of my recollection—the prisoner would know that—this order speaks of four days and five hours' work; and being on 2nd Jan., would be subsequent to 27th Dec, when the prisoner ceased to attend—Halliwell has never quitted the employ; he is at work for me now—the 2nd Jan. was on Thursday—the time-sheet had been last sent in on 27th Dec, by the prisoner—the name of Lovell is not my signature, nor written by my authority or knowledge—I have seen the prisoner write, and believe the body of this order to be his writing—I do not know whether he has seen me write; he has seen my signature in my books—I allowed him to sign, "John Watson, for Edward Lovell."
Cross-examined. Q. How many papers of this sort did you write on Thursday, 2nd Jan.? A. None; I did not write one that week; I had no man left that week—I have not the control of the sawyers, only to order what wood is wanted to be cut—it is very seldom that I write an order of this sort—I generally go down to the office, take the time-book, and give the man's time in, and let the man receive the money—I never receive it—I acted as time-keeper that week myself, it being Christmas week—I had about fifty carpenters and twenty-three labourers—I do not know that they have opportunity of seeing me write from time to time—the men do not see me write in the book when I put down their wages; they have no check upon me; it is supposed that the work is put down right—I have been employed on the works ever since Oct.—I know the prisoner was not there that week; I considered he was ill.
WILLIAM HALLIWELL . I live in Smith-street, Chelsea, and am a carpenter. I have been employed at the building in the Park about eight weeks, and am working there still—I have never left the employ from the time I began—I know the prisoner and he knows me, by my working
under him; he was time-keeper, and took down my time weekly—I was paid at the end of the week regularly, with the exception of Saturday night, 4th Jan.—I went as usual for my week's pay, and was to receive 19s. 6d.—I did not get the money; some inquiry was made, and on Monday morning they paid me—I had lost half a day that week, and they paid me 17s. 10d., not 19s. 6d.—I have been paid regularly ever since——I know nothing about this paper—I never saw it till I was before the Magistrate.
Cross-examined. Q. Used you to account for your work to anybody? A. No; but I used to give in a ticket at morning and at dinner-time, to show that I was there—the dinner ticket proved that I was there after dinner—I always gave in my own ticket—there was one half-day the prisoner offered to give in my ticket for me, to represent that I was there when I was not—I was not found fault with about it afterwards—that was the only occasion—I was absent that half day—I used to go to receive my own money on Saturday night.
MR. BODKIN. Q. What passed about this ticket? A. I told the prisoner I was going to lose half-a-day on the following day, and be told me he would square it for me—I never asked him to get an order for the payment of my wages in the week.
GUILTY . Aged 22.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
491. JAMES COTTER , JOHN MORAN , JAMES WILLIAMS , EDWARD JOHNSON , and CHARLES GOSLING , burglary in the house of John Varley, and stealing 118 yards of woollen cloth, value 28l.; his goods: Johnson having been before convicted: to which
MORAN pleaded GUILTY . Aged 19.— Transported for Ten Years.
MR. RYLAND conducted the Prosecution.
JOHN VARLEY . I am a tailor and draper, at 44, Tottenham-court-road, in the parish of St. Pancras; it is my dwelling-house. On Friday, 17th Jan., I went to bed between eleven and twelve o'clock—I was the last person up, and I secured the house myself—I double-locked the street-door, and left the key in the lock, put up a chain across, and bolted the bottom bolt—in the passage there is a door leading into the shop—I locked it, and had the key upstairs with me—I went into the shop; the goods were all safe on the shelves, and this coat was on the block—I was disturbed between three and four o'clock in the morning, came down, found the street-door shut to, but unlocked; the chain was down, and the bolt drawn back; the door was latched—the door leading from the passage to the shop had been broken open—I saw a quantity of cloth in the passage, packed up, apparently ready to take away; and in my presence a jemmy was found in the kitchen under the water-butt—the cloth had been on the shelves the night before—on looking up the kitchen-chimney, Moran was found with my coat on.
Cross-examined by MR. PARNELL. Q. Have you any name but John? A. No; I have no partner—it is my opinion that some one must have secreted themselves in ray house—they might have an opportunity to get in
while the men were closing the shop about ten o'clock—they would have no opportunity earlier than that.
HENRY BINGHAM (policeman, E 153). About two o'clock in this morning, 18th Jan., I was on duty in Tottenham-court-road, on the opposite side to Mr. Varley's—I saw Johnson and Gosling loitering about—I watched them for half an hour—they went down the bye-streets, Windmill-street, and Goodge-street, and John-street—I afterwards saw them go to Mr. Varley's door—they tapped at the door with their hands—I heard the key turn in the lock; the door was opened, and Williams and Cotter came out and joined the other two—they went talking together down Tottenham-court-road and Percy-street, which is the first turning—I got the assistance of Bruce, ran down Windmill-street, and met the four prisoners—that was about two minutes after I had seen them go down Percy-street—Bruce took Johnson, and made a grab at Williams, but he got away—I took Gosling and Cotter, took them some little distance, and then Gosling got away—Cotter and Johnson were taken to the station—I then went to Mr. Varley's; I rang the bell, and Mr. Varley came down—I saw this bag full of cloth, and two bundles lying in the passage, near the street-door—there were 118 yards of cloth altogether—the door leading out of the passage to the shop had been forced open by an instrument like this jemmy, which was found down-stairs—there were marks which seemed to agree with this—here is a portion of the lock which was broken off—the till bad been taken out of its place, and stood on the counter empty—I took it and the cloth to the station—I then went to a lodging-house in Neal's-yard, Seven Dials, more than a quarter of a mile from Mr. Varley's, and found Williams in bed at about half-past three o'clock—I told him the charge—he said he knew nothing about it—I took him to the station, and found on him one sovereign, two half-crowns, three new sixpences, six shillings, another sixpence, and sixpenny worth of halfpence—I saw Johnson searched; 2s. 6d. and 1 1/2 d. was found on him—I had known Williams about six years, Gosling about four years, and Johnson and Cotter about two years—I did not know Moran—I cannot be mistaken in either of them—I was not in uniform, Bruce was.
Cross-examined by MR. PRENDERGAST. Q. What money did you find on Cotter? A. 1l. 14s., in which there were three new sixpences—the inspector said something about the date—Mr. Varley was present; the foreman was not; I had not seen him—Cotter had on a flannel jacket, with a coat over it—I have known him two years—no doubt he knows me—the four prisoners were walking as close as if they were arm-in-arm—they were talking together.
Cross-examined by MR. PAYNE. Q. Were you in any disguise? A. I had a brown coat on—I watched Gosling and Johnson for half an hour—I did not speak to them—they passed very close to me, but did not see me—I got into a doorway in Tottenham-court-road, to avoid their seeing me—I did not always walk close to them—Bruce came out of Windmill-street, and they crossed, to avoid him, and came almost close to me—I believe they did not see me—I went into a doorway several times.
Cross-examined by MR. PARRY. Q. When those two persons came out of the door, where did they go? A. Down Tottenham-court-road, and down Percy-street—I saw Williams for more than a minute, not more than two minutes—I bad no lantern—there is a lamp opposite the next house to Mr. Varley's, and one at the corner of Percy-street.
JOHN BRUCE (policeman, E 84). I have known Gosling and Williams four or five years, and Johnson about three years—I was on duty in Tottenham-court-road on 17th Jan., about two o'clock—I saw Gosling and Johnson loitering about Tottenham-court-road, about ten yards from Mr. Varley's—I saw them several times—they crossed the street when they were about to meet me—I had seen them rather better than half an hour when Bingham called me—I went with him down Windmill-street, and turned into Percy-street, and met the four prisoners walking abreast—I took Williams and Johnson, but Williams got away.
Cross-examined by MR. PRENDERGAST. Q. Were you at the station when Cotter was searched? A. Yes; I did not search him—I was at the door, about four yards from the prisoner—the inspector was present, and Bingham, and the jailor—there was no remark made then about the three new sixpences—the foreman remarked at the police-court that there were three new sixpences.
Cross-examined by MR. PAYNE. Q. you were not in disguise, and did not get into any doorway? A. No; I was about twelve yards from Johnson and Gosling—they could see me—they looked over their, shoulders to see me—I saw Bingham, and knew he was watching the prisoners—he had got a brown coat on, and a black hat—I did not see the prisoners come out of the house.
Cross-examined by MR. PARRY. Q. Did you try to catch Williams? A. Yes; I knew my brother officer was watching—I did not take much notice of them—I was not more than a foot from Williams when I clutched at him.
WILLIAM LANGLEY (police-sergeant, F 42). I apprehended Gosling at 12, Cleveland-street, Fitzroy-square, on the morning of 18th Jan.—I told him he was charged with burglary—he said, "I know nothing of it; I am as innocent as the day."
THOMAS HILLMAN . I am foreman to the prosecutor; I had charge of the till. I left 1l. 15s. in it on Friday night—there was a sovereign, two half-crowns, three new sixpences, and some shillings—I had noticed the new sixpences very particularly, because I had taken them a short time before; they were of the date of 1850—the next morning I found the till empty—I afterwards saw some money at the police-court—I believe these are the same sixpences that I put into the till; they are the same date—I took nine of them that evening—I put some into my own pocket—on the evening of the robbery I saw Johnson in our shop between six and seven o'clock—he staid perhaps twenty minutes—I had not known him before—he said he wished to look at some trowsers—I showed him a pair—he asked the price, and then he said he had altered his mind, and it should remain till he could afford to buy a better pair—on the Monday before Gosling came to the shop, between nine and ten at night, and inquired the price of a waistcoat in the window—I tried to sell it him—he was there a good half-hour, talking about waistcoats and trying them on—he went away without buying anything.
Cross-examined by MR. PRENDERGAST. Q. When were these sixpences paid to you? A. The same evening—I changed nine new sixpences and one old one, for two half-crowns.
RICHARD PIKE (policeman, F 141). I have known Williams about four months—I heard of this robbery—about twenty minutes before I heard of it I saw Williams, about three o'clock, in Queen-street, Sevendials
—he went to his lodging in Neal's-yard—I have seen him frequently go in and out there.
Cross-examined by MR. PARRY. Q. Why did not you go before the Magistrate? A. I did not know that I should be required—I was sent for this morning; a messenger of the Court came for me; he did not tell me that the case against Williams was so weak that they could not do without me.
JOHNSON— GUILTY .* Aged 26.— Transported for Fifteen Years.
COTTER— GUILTY .* Aged 18.
WILLIAMS— GUILTY .* Aged 23.
GOSLING— GUILTY .* Aged 24.
Transported for Ten Years.
THIRD COURT.—Wednesday, February 5, 1851.
PRESENT—MR. Aid. CHALLIS; Mr. Aid. MOON; Mr. Aid. FINNIS; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Seventh Jury.
492. GEORGE FREDERICK READING , embezzling 19s. 6 1/2 d.: also 8s. 0 1/2 d.: also stealing 11lbs. of mutton and 11 lbs. of beef, value 12s. 5d.; also 31bs. of mutton, value 10d.; of Mary Betts, his mistress: to all of which he pleaded
GUILTY .— Confined Twelve Months.
GUILTY . Aged 29.—He received a good character.— Confined Six Months
494. JOHN TOWNLEY , WILLIAM EDES , and EDWARD TIMMINS , were indicted with William Moore, not in custody, for stealing two pairs of trowsers, 1 coat, and other articles, value 18s.; of Joseph Carter Wood: Edes having been before convicted: Timmins and Edes were also charged with receiving.
MR. PAYNE conducted the Prosecution.
JOHN BARHAM . I live at the Colonial Training-school, Great Ann-street, Westminster; the prisoners lived there. On 27th Dec, between six and seven in the evening, I was lying down ill in the bed-room, and saw Townley, and Moore who has not been taken, come into the room; they spoke together, but I did not hear what they said—they could have seen me, but they did not look towards me—Moore opened a box belonging to the Institution, in which the clothes are kept, and took out some trowsers, coats, a piece of velvet, a piece of cloth, a waistcoat, and several other articles, and tied them up in a bundle—Townley was talking to him at the time; they then both went out together, Moore carrying the bundle-about five minutes after Timmins came in bringing the same bundle apparently, it was tied in the same handkerchief—he put it down while he opened the window, took it up, and attempted to throw it out, but the noise of the boys running up and down-stairs prevented him—Edes then came in and asked Timmins what he was doing—Timmins said, "Oh, nothing, in
a minute I will tell you"—Bonifacio, another inmate, then came in and asked them where Townley and Moore were—they said they believed they were in the school-room—that is down-stairs—Bonifacio went down and Edes followed him—Timmins took up the bundle, put it in the cupboard, and followed them—I got up and followed also—I saw the bundle opened in the Governor's parlour, it contained the articles I have mentioned—Timmins and Edes both tried to throw it out of the bed-room window.
JURY. Q. is there a light in the room? A. No; but there is one opposite, which reflected into the room—I could see the prisoners plainly—I knew them before and knew their voices.
THOMAS HOLLOWAY . I am an inmate of this Institution. On 27th Dec. I was lying down in the same room as Barham, and saw Townley and Moore come in; they whispered together, went to the box, and Moore took out some property and wrapped it up in a handkerchief—they both left the room, Moore carrying the bundle—a few minutes after that Timmins came in carrying the same handkerchief—it appeared to be the same size and appearance—he put the bundle on the floor, opened the window, took the bundle up again and tried to throw it out, and the boys just outside running up and down prevented him—Edes then came in and spoke to him, but I could not hear what was said—they both looked out of the window together, with the bundle in their hands—they tried to throw it out, and a lad coming up-stairs prevented them, and asked them where Townley and Moore were—Edes then went down-stairs—Timmins had dropped the bundle when the lad came in, and he took it up again and put it into the cupboard at the further end of the room—I afterwards looked out at the window and saw Townley and Moore standing against a wall opposite, and whistling—some one hearing the whistle, ran there; Townley was taken, but Moore escaped—I have no doubt about the prisoners being the persons; plenty of light comes in from the Queen's Stores, opposite.
CHARLES NASH . I am the Governor of the Institution; Joseph Carter Wood is the treasurer, and the property belongs to him and the Committee; I have the charge of it. On 27th Dec. this bundle was brought into my parlour—the things in it are the property of the Institution—neither of the prisoners had any authority to take them—there is a light in the Queen's Stores opposite, which shines into this room, and it is quite light.
TOWNLEY— GUILTY . Aged 19.
TIMMINS— GUILTY . Aged 17.
EDES— GUILTY of receiving. Aged 18.
Confined Six Months.
Shoreditch—I bad a parcel in my hand, containing eighteen crape collars and a pair of sleeves—a person came behind, put his hand over my shoulder, snatched the parcel, and ran away—I did not see who it was—five collars dropped out of the parcel, which I picked up—I turned round and saw a person running with a frock-coat and cap on—I cannot swear to him—I only saw his back—I lost the rest of the things.
JOHN WORSFOLD . On 16th Jan., between seven and eight o'clock, I was crossing the Whitmore-road, and saw Clark—the prisoner went behind her, put his band over the girl's right shoulder, and snatched the paper—as he turned, I saw his face by the light of a shop—he dropped five collars and got away—I have seen him before, and swear he is the man—I have beard persons call him Field—he was dressed in a brown round coat, and a cap—I saw him at the station—the constable asked his name, and he gave Frederick Field.
Prisoner. Q. Which way did I go? A. Down the road—you were on the same side as Clark, not the other.
JOHN NEWELL (policeman, N 102). I apprehended the prisoner on the 18th—I told him it was for some millinery—he said, "What is millinery?"—I said, "Caps, and those sort of things"—he denied it—I took him to the station, and brought the boy Worsfold, who said, "That is him"—he gave his name Frederick Field.
The prisoner called
WILLIAM DAVIS . I know the prisoner, he is a cooper—on 16th Jan. he was at Mr. Blackmore's beer-shop, in the Kingsland-road, in the parlour—it was about five minutes past eight o'clock when I got there—the prisoner was there then—there were sixteen or seventeen other persons in the room—he was smoking and drinking—Whitmore-Toad is nearly a mile from the Kingsland-road—the prisoner bad nothing with him—he bad on a brown frock coat, and I think a hat, but I cannot be certain—I will not swear it was not a cap.
HENRY PARSEY . I am a hawker, and know the prisoner—on 16th Jan. he was in my company from five o'clock, or half-past, till a quarter to twelve, at Mr. Warrell's beer-shop, 176, Kingsland-road—he was not out of my company during that time—my wife was with me; she is not here, as she is expecting to be confined—I know Davis—he was at Warrell's—neither Warrell or Blackmore are here.
COURT to JOHN WORSFOLD. Q. how do you know the prisoner? A. I have seen him with his companions in Hoxton Old Town; and have heard them call him Field—he is not an acquaintance of mine—I am out of service at present.
GEORGE LANGDON (policeman, N 27). I produce a certificate—(read—Central Criminal Court—Frederick Field, convicted Nov. 1848; having been before convicted: Confined one year). I was present—the prisoner is the person.
GUILTY .† Aged 20.— Transported for Seven Years.
GUILTY . Aged 28.— Confined Six Months.
GUILTY . Aged 17.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
ELIZABETH WEBSTER . I am the wife of Joseph Webster, who keeps the Masons' Arms beer-shop, Bow Common-lane. On 1st Feb., abouta quarter to six o'clock, the prisoner came and called for a pint of porter; I served him, and he gave me a half-crown—I gave him the change, and put the half-crown into a bowl in the till—I rang it, and as far as I knew it was a good one—shortly after that he came again, and asked for a pint of porter; he tendered me a half-sovereign in payment—I took it up, put it to my teeth, and bent it nearly double—I told him it was bad, and I believe he said he had taken it from the Commissioners of Sewers—I called a policeman, but did not give him into custody—shortly afterwards I went to the till, examined the half-crown, found it to be bad, and instructed the policeman to apprehend him if he could find him—I gave the half-crown and half-sovereign to the policeman—there was no other half-crown in the till—there is a mark on the side of it, which I saw when it was first given me.
Prisoner's Defence. I received them where I was at work.
GUILTY . Aged 25.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
JAMES CHANDLER (policeman, V 322). In consequence of information I watched the side-door of Mr. Dixon's house, at Twickenham, on the evening of 10th Jan., and about a quarter to eight o'clock I saw Redknapp go in with a basket, and come out again in ten minutes or a quarter of an hour with apparently the same basket—this is it (produced)—I asked her what she had got, and she said, "I have a bit of bread and cheese"—she said she had been charing at Mr. Dixon's all day, and this was for her supper—I opened it, and it consisted of 5 lbs. of bread, 1/2 lb. of mutton, 3lbs. of artichokes, 2 ozs. of cheese, and some potatoes (produced)—she said they were given her by Miss Rixon, not Dixon—I asked her if she knew the cook, she said she did not—I asked her if the cook gave her the articles, she said, "No"—she said the victuals were put up for her in the basket on the table—she afterwards said, "I may as well tell the truth, the cook did give it me," and the basket belonged to the cook—I went with her and Conday to the house, and saw Preston, who is the cook—Conday asked her if she gave Redknapp the things; she said, "Yes."
Cross-examined by MR. WOOLLETT. Q. Did you weigh the articles? A. Yes; I was in private clothes—I allowed three ounces for the bone of the mutton—the prisoners were bailed by the Magistrate.
MR. ROBINSON. Q. Was the mutton in the same condition as now? A. No; it was fresh cut—I weighed bone and meat together, and it weighed better than half a pound.
MICHAEL CONDAY (policeman, V 9). I received information from Mr. Dixon on 4th or 5th Jan., in consequence of which I placed Chandler to watch the house—on the evening of 10th, a little before nine o'clock, I found Redknapp in his custody—I examined the basket and found what Chandler has stated was in it—I asked where she got the basket from, she said from Mr. Dixon's—I asked who gave it her, and she said one of the servants—I asked who, and she said she did not know—I told her I should take her to Mr. Dixon's house, and she said, "Well, it is no use telling a lie, it was the cook gave it me"—I went to Mr. Dixon's, saw Preston, the cook, showed her the contents of the basket, and she said the woman had been at work, and had no sapper, and she gave her these to take home for her supper—I said I should send for Mr. Dixon; she said; "If you will give me the large piece of bread I do not mind Mr. Dixon seeing the rest"—the mutton was about the same in quantity as now, but it is more dry and shrunk.
HENRY DIXON . I reside at Fortescue House, Twickenham, and keep a school there. Preston was my cook—in consequence of information, I gave the police orders to watch my house, and about nine o'clock in the evening of 10th Jan., I was sent for to the kitchen, and found Chandler, Conday, and Redknapp there, and the contents of the basket—Preston had no authority to give anything away, and Redknapp had no authority to take any away; she had been working at the house that day—my sister, Miss Dixon, was visiting at my house; the cook had charge of the provisions—the artichokes and potatoes were raw.
Cross-examined. Q. How many servants have yon? A. Six—Pres ton had 15l. a year—she had been with us nine months, and we had a good character with her—Redknapp had 1s. or 1s. 6d. a day for charing—she might have eaten what she liked in the house, I objected to her taking it away—I do not know whether she had had any supper in the house—I did not have an attorney or Counsel in this case till this morning, after it was in the list—I did not know it was necessary before—the Magistrate bailed the prisoners—Preston's drawers and boxes have been searched and nothing found.
MR. ROBINSON. Q. Was it not at my suggestion that an attorney was employed? A. Yes; you refused to act without it.
MRS. DIXON. I am the prosecutor's wife. Preston bad no authority to give away any provisions from the house, and Redknapp had no authority to take anything away.
Cross-examined. Q. Will you swear you never gave Preston authority to give any scraps away? A. Yes; we never give beggars anything.
MR. ROBINSON. Q. You would not include potatoes and artichokes in the term scraps? A. No; the mutton was good; it was the remainder of what we had had that day for dinner.
RALPH PAXTON . I am in Mr. Dixon's service. On the night in question, about seven o'clock, I saw Redknapp take a basket out with some bread in it—I had seen Preston put a great many pieces in it—she came back again in about half an hour; she was not then in custody—I do not know of her going out after that.
(Preston received an excellent character.)
NOT GUILTY .
Before Mr. Common Serjeant and the First Jury
JOSEPH WARD (policeman, C 628), On 24th Jan. I watched the prisoner in Petticoat-lane, and saw him put his hand into a woman's pocket, and take something out—I caught hold of his hand, and took 7d. from it—I asked the woman to feel if she had lost anything—she felt, and said she had lost 6d. and 3d.—the prisoner could hear that—I told her to come to the station, but she got away on the way—I did not find who she was.
Cross-examined by MR. THOMPSON. Q. She said she had 6d. and 3d. worth of halfpence, and then she said 9d.—I am certain she mentioned pence, and I found 6d. and 2 halfpence in the boy's hand.
GUILTY .** Aged 15.— Confined Six Months.
WILLIAM FLOWERDAY SILCOCK . On 21st Jan. I was at the Clerkenwell police-court, charged with assault by the prisoner Smith, who was ray potboy—I was discharged, on paying 2s. costs—I had no silver, took a 5l.-note out, and tendered it to the officer for payment of the 2s., but the officer paid the 2s. to Smith for me, and I put the note into my pocket again as I thought—I left the Court directly to get change, and the prisoners and three or four more who were there, followed me—the prisoners were close to me in the Court—I crossed the road, and went to a public-house opposite, and there missed my note—the prisoners did not go into the house, and I went out into the road to see if I could see anything of them, but they were gone—I went back to the police-court, saw Mary Jones, and went with two officers, and found the prisoners and three others at the Golden Lion, Bagnigge Wells-road, which is about a quarter of a mile from the police-court—I asked them which of the five had picked my note up; they denied it, but not individually—I said one of them must have got it, and they must go back to the station and be searched—Hardy then came in, and said some of them must know something about the 5l.—note—Kimber then said it was no use denying it, he had got it, and that Smith gave it him—Smith was present—Kimber gave the officer the note; he took it out of a tobacco-box—I gave them both in charge—I did not hear Smith say how he came by it.
Cross-examined by MR. PAYNE. Q. How long had Smith been your potman? A. He has lived with me three times; it turned out that I dropped the note—I think I must have put it into my pocket, and drawn it out again with my hand—my uncle keeps a public-house opposite the police-court—I will not swear I did not hear Smith say he had picked the note up and given it to Kimber.
JOHN HARDY (policeman, G 205). I found the prisoners and three others at the Golden Lion, which is about 300 yards from the police-court—I said, "What about this 5l.-note, one of you must know something about it?"—shortly after that, Kimber said, "I have the 5l.-note," and took it from a tobacco-box, and gave it me—he said, in Smith's presence, "This young man picked it up and gave it me"—I said to Smith, "You must have known it was your master's property?"—he said, "I saw Mr. Silcock drop something, and I picked it up and gave it to this
young man, that he might light his pipe with it"—I took them into custody.
Cross-examined. Q. Did not Smith say, "I saw him drop something, I do not know what it was?"A. Yes.
WILLIAM FLOWERDAT SILCOCK re-examined. The clerk did not take the note—I said I had only a 5l. note—I am sure I mentioned a 5l. note—I did not undouble it—Smith was then standing a yard or two off me—I did not speak very loud to the officer.
MARY JONES . I live at 10, Ann-street, Wilmington-square. I was at the Court, and saw Smith there—I saw Silcock's hand in his waistcoat-pocket, and saw a hit of paper drop behind from his pocket—I did not see him hand anything to the officer—I did not see Smith do anything to his pocket; he was about a yard behind him—I saw Smith pick up the paper from the floor, and go out of the Court after Mr. Silcock and the three others, following him—I cannot speak to any of the others—I did not see Smith look at the paper—Mr. Silcock came back in a few minutes and I told him.
JOHN SEELEY . I am a wine-merchant. I have known Smith two years—he has always been a very trustworthy servant with Mr. Silcock, and he has come to my house on several occasions—on the Monday afternoon I happened to be at an hotel in St. Martin's-lane, and there delivered a 5l. note to Mr. Silcock—this produced is it—here is my writing on it.
WILLIAM CAMPBELL . I am one of the ushers of Clerkenwell Police-court. On 20th Jan. I was at the Court, and afterwards went to the Golden Lion—I heard Smith say, "I picked it up, and gave it to Kimber"—Kimber produced it from a tobacco-box—Smith said he saw it drop, he picked it up, he did not know what it was—Kimber said, "It is no use denying it, I have got the note," and gave it up.
NOT GUILTY .
OLD COURT.—Thursday, February 6th, 1851.
PRESENT—Mr. Justice COLERIDGE; Mr. Justice CRESSWELL; Mr. Ald. LAWRENCE; and RUSSELL GURNET, Esq.
Before Mr. Justice Coleridge and the Third Jury.
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution
EDWARD CONSTABLE (policeman, N 430). On Sunday morning, 11th Jan., about five o'clock in the morning, I was on duty in Macclesfield-street, St. Luke's, and saw the prisoner—he addressed me first, and said, "My wife has died"—I asked him the reason—he said he did not know; he was up-stairs, and heard a noise, came down, and found her lying on the floor; that he spoke to her, and she made no reply, and he came out to look for a policeman—he said, "Come with me,' and I went with him
to 24, Graham-street, about 200 yards from where I met him—going along, I asked him the cause of her death—he said he did not do it—there was no light; I got one from a neighbour, went into the back-parlour, and saw a woman lying about the centre of the floor, with her head in a pool of blood—the room was in great confusion; everything was strewed about the floor—I lifted up the arm; it was cold—I asked the prisoner to come with me to fetch a doctor—we went to Dr. Hutchinson, who returned with us, and sergeant Baker, who is not here—we got a light, and examined more particularly—the deceased was in the same position—she was dressed all but one shoe and stocking—the doctor said to the prisoner, "How do you account for this?"—he said, "I did not murder her; I did not do it, I did not do it"—I took him into custody—I saw a hammer and a shoemaker's awl on the floor: that was all I noticed—I did not search—I examined the prisoner's hands—there was a great deal of dry blood on them—that was about half an hour after he first came to me—he said he was no thief or murderer—he was sober when he first came to me, and was dressed, excepting his hat—he had his boots on.
Cross-examined by MR. PAYNE. Q. Did he open the door for you to go in? A. Yes; he walked by my side to the doctor's—I could not distinguish that be had been drinking—I had seen him five or six years ago—he was no acquaintance of mine.
JOHN HUTCHINSON . I am a surgeon, of Islington. I was called to the house by Constable, about half-past five o'clock in the morning—I knew the deceased; I had been attending her professionally, for asthma and difficulty of breathing—her name was Sarah Johnson—she was about sixty-three years old—I had seen her about two o'clock on the day before—she was in feeble health; she suffered principally from debility and cough—I found her dead body in the back-parlour on the ground-floor—that was where the prisoner worked at his trade of a shoemaker—I believe they had a sleeping-room over it—I examined the body; it was warm, but the legs, arms, and face, were cold—I should think she had been dead at least two or three hours; I cannot say exactly—the face was very much swollen and contused; the eyelids swollen and blackened; the whole of the scalp was very much swollen, and the hair, which was long, was matted with blood, so as to prevent my making a minute search—there was a lacerated wound on the angle of the right side of the mouth—the skin was rubbed off the left elbow and both knees—the body laid on the right side, with the legs drawn up—the whole of her face was smeared with blood, and there were splashes of blood on her hands—her left shoe and stocking were off—with that exception, she was perfectly dressed, as for the day—her cap was off, and lying under her head; it was a day-cap—there was a smell of liquor; but whether it arose from the body, or had been spilt on the ground, I do not know—there was a stocking near the fire-place, with a needle in it, as if she had been at work; and a cloak near the head, saturated with blood, as if it had been used to wipe blood up with—I asked the prisoner how it happened—he said she had had a fit; that he heard a noise, as if she was falling about—I told him it was a very suspicious case—he said he was sure he did not do it—I think he said at that time that he had lived with his wife for forty-one years—I had been attending her about ten or twelve days—I had not known her before that—she had not complained to me of liability to fits, nor had I observed any
tendency to it—I made a post mortem examination of the body next evening, and found a wound on the left; side of the head, two or three inches above the ear—it wounded a branch of the temporal artery—there was great extravasation of blood between the scalp and the skull—there were two ounces of blood under the dura mater, pressing on the brain—that was underneath the wound, which had penetrated completely through the scalp to the bone, and stopped there—the extravasation of blood and the internal congestion were not caused by that wound—the blood effused on the brain came from a rupture of the middle menengeal artery, which was caused by external violence, blows, falls, or kicks, and not, I should say, by the violence attending that wound—I attribute the death to compression of the brain, occasioned by the congestion of blood on it—independently of that, I do not think the wound itself would be likely to hare caused death; it might have done so in her weak state, from the hemorrhage—there was a great deal of blood about her, quite a pool—I examined the other organs, but found nothing to throw a light upon this inquiry—I found this knife (produced) under the table, about a yard and a half from the body, covered with human hair, of a greyish colour, very much more than is on it now, and some on the handle—I compared it with the wound; it corresponded with it exactly—I think it is a shoemaker's knife.
Cross-examined. Q. You do not mean to say that all the blood found there could have come from the wound on the head? A. Not the whole of it; there might have been a good deal from the wound by the mouth—she had not complained to me of falls—I bad only seen her about five times, not every day.
ANN ELIZABETH MARY BUTTS . I reside in the same house as the prisoner and his wife did—there are four rooms in it and a wing, which is two rooms added, but they are occupied—I have only one room, that is. on the ground-floor—the prisoner's parlour was on that floor, separated from my room by a partition—their bedroom was on the floor above—the prisoner is a shoemaker, and worked in the parlour adjoining mine—there are other lodgers. On the Saturday night before Mrs. Johnson's death, between eleven and twelve o'clock, I was in my parlour, and heard the prisoner speaking very angrily in his parlour, apparently to his wife—I heard no other voice—I heard him say, "I will do for you, you b——y b——r"—I heard no answer made to that—I heard a noise in their room, as of things being thrown about—that continued about half an hour—I could distinguish the prisoner's voice and his words, repeatedly saying the same—I thought from his voice that he was dreadfully intoxicated—I had not seen him that evening—I have seen him drunk before—the things seemed to break as they fell—I heard something heavy fall, and then all was silent—the room became quiet a little after twelve—I can distinctly hear, persons moving from one room to another, and going upstairs—I heard no person go up-stairs from the lower to the upper room after the disturbance ceased—I went to bed about a quarter-past twelve—I did not remain awake very long, but I awake at the least noise, and should have heard any person coming up-stairs—between six and seven, or it might be before, I heard somebody in the next room on the ground-floor—I was disturbed by the police.
Cross-examined. Q. Was the prisoner generally very much excited
when he was drunk? A. Very; his wife was in the habit of drinking—they always quarrelled when they were both drunk—they always seemed to behave well to each other when sober—I heard his voice before I heard things being thrown about—I heard him say, "What are you here for, you b—r," like a drunken man, and after that I heard the things thrown about—after I heard the fall I went to the back-door—I had not nerve enough to go into the room—I have lived in the house three or four months.
COURT. Q. Does any one live with you? A. No, I am a widow; I was alone when I heard the noise, and went and informed Charlotte Bennett and Mary Ann Richards, who lived in the house—they were on the ground-floor—they could not hear so distinctly as I could; their room is farther off than mine—I had not seen the deceased since the Friday—I spoke to her then—she looked very ill.
CHARLOTTE BENNETT . I live with my husband in the same house with the prisoner and his wife, adjoining their bedroom up-stairs. On this Saturday night, between eleven and twelve o'clock, I was sitting downstairs in the front parlour—Mrs. Butt's room is between that room and the prisoner's—Mrs. Butt said something to me, and she and I went to the back-door to listen—I heard the prisoner say, "You b—r I will do for you"—he used very bad expressions, and said, "You have got coal-heavers in the place"—I heard somebody say, in a very faint voice, "Do you call yourself a man?"—it seemed like Mrs. Johnson's voice, and proceeded from their room, as also did what he said—I heard things being thrown about in the room—there was such a dreadful noise going on I could hardly hear what was said—I then heard a very heavy fall on the floor—I heard no noise after that—before I went out I heard Mrs. Johnson call; it was not crying or moaning; she had a constant cough, and was asthmatic—we heard nothing more, and went in-doors—we had been listening about half an hour—I took no more notice, but went to bed about half-past two—if the prisoner had gone up-stairs after that I must have heard him—I heard nothing—he might have gone up while I was in the room below, without my hearing, him—I heard nothing more till morning.
Cross-examined. Q. Did not the prisoner seem to you to be silly over it, and to be mad drunk? A. Yes; he did not seem to know what he was doing—I have lived in the house eight months—the deceased had no fall that I am aware of—I never saw her drunk in my life—I go out to work every day—Mrs. Butt stops at home; she keeps a school.
MR. BODKIN. Q. Had you seen her that evening? A. No; not since Friday evening—I think the prisoner was intoxicated—I never saw any coal-heavers in the place.
COURT. Q. Are you married? A. Yes; my husband is away all the week—he was not with me—Mary Ann Richer was—when we heard the fall we went away instantly—nothing was said or done after that as far at I heard—we left nobody there—we all three went away at the same time—Mary Ann Richer is married, her husband was not there—there were no other grown persons in the house—the fall did not frighten us.
MARY ANN RICHER . I am fifteen years old, and live with my father and mother in this house. On this night I was sitting with Mrs. Butt, and went to listen between eleven and twelve o'clock—I heard the prisoner
in his room using bad language to his wife—I know she was in the room, because I heard her hard breathing from asthma—I heard the prisoner swearing at her and abusing her; but did not hear him say he would do for her—I heard him throwing things about; they appeared to be his tools—I staid there about a quarter of an hour; this was going on all the time—after that I heard a heavy fall; but no cry or noise as if any one was hurt—we all went away then—I sat up till about half-past two—I heard no one go up-stairs—I sleep up-stairs—there is a room between mine and that where the prisoner sleeps—I had not seen him that day, or the deceased—my mother was out.
ELIZABETH CRAWLET . I am married, and live in City-gardens, opposite to the door of the prisoner's house. I last saw the deceased on 11th Jan.—after ten o'clock she came into the Prince of Wales public-house, while I was there, with a yellow jug—I did not notice what she bad got—she left five or ten minutes afterwards—she passed close to me and smiled—she did not speak—I saw no reason to believe she was in liquor—I did not see the prisoner that day.
EDWARD BAKER (policeman, N 9). On this Sunday morning, about & quarter to six o'clock, I went up-stairs at this house to a bedroom—there was a bed on the floor—there was but one sheet, it was slightly disarranged—there was an old counterpane on the top, which was thrown on one side, towards the foot of the bed, in one corner, that was the only covering on the bed—I went down into the sitting-room and found this knife (produced)—there was a yellow jug there, with the remains of maltliquor in it; and splashes of blood. on the outside of it—there were splashes of blood on the legs of the chairs—I turned my light on to the prisoner's bands and forehead; there were splashes of blood on them—I said, "How came that blood on your hands and forehead?"he said, he most have got it when be was feeling for his wife in the dark—I took off his boots, and asked him how the blood came on them—he made the same reply—these are them (produced).
Cross-examined. Q. You told him yon took him on suspicion of canting the death of his wife? A. Yes; he said, "Yes, certainly," and shed a few tears—he said, "I have had her forty-one years, I am sore I did not kill her"—I took him to the station.
COURT. Q. Did he say how it happened? A. When I asked him how she came in that state, he said, "I do not know; I was in bed; I heard a great noise down-stairs, as if the things were falling about; I got up, dressed myself, and went down-stairs; I called my wife by her name; she did not answer; I felt about for her in the dark, and found her on the floor; I thought she was dead, and I ran out for a policeman"—I said, "How long was that before you saw the policeman?"—he said, "About half an hour"—I asked him if he undressed when be went to bed—he said, "Yes, I did"—I asked him where his wife was when he went to bed—he said, "I left her here" (we were then in the lower room)—I said, "Do you usually leave your wife here when you go to bed?"—he said, "Yes; she generally stays up after me to see that all is right"—I asked him if he was out before he went to bed—he said, "I was at the public-house till eleven o'clock"—I asked him if he staid with his wife any time after he came in—he said, "No;" he asked her for a bit of candle; she had not a bit, and he went to bed in the dark immediately—I found part of a
candle on the floor on one side, and a candlestick on the other—there was broken crockery about—there was no fire there; only the remains of cinders in the grate.
(George Webb, printer; James Holloway, shoemaker, of Chad's-row, Gray's Inn; Edward Harrow, shoemaker, of Payne-street, White Conduitfields; and John Parker, shoemaker, of City Garden-row, gave the prisoner a good character.)
GUILTY of Manslaughter. Aged 63.— Transported for Life
NEW COURT.—Thursday, February 6th, 1851.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury,.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 33.— Confined Twelve Months. (See page 475.)
MR. WOOLLETT conducted the Prosecution.
ANN SPARLING . I am the wife of William Sparling, a solicitor, of Highbury-crescent. On 21st Jan., I saw the prisoner on the steps which lead into the garden at the back of my house—I said, "What are you doing?"—he said, "A bill, a bill!"—I said, "What are you doing?"—he said, "I don't know whether this belongs to you"—he had got this coat on one of his arm, and was putting his other arm into the sleeve of it—I called "Police!"and he ran away—my cook pursued him, and a man brought him back—the policeman arrived—the prisoner went down on his knees, and said he hoped I would forgive him—I said I could not—the place he was at was a private entrance to my house, leading to my garden—this coat had been in the hall; there are two doors to it—I think very likely the outer door was open—the inner door had been fastened a few minutes before, and I believe no one had been out—to have taken
this coat, he must have opened two doors—he must have come in at the front gate, and gone round by the side of the house to the back—no person had a right to go that way—this is my son's coat, John Alexander Sparling.
Cross-examined by MR. PAYNE. Q. You did not know the prisoner? A. No; when he was brought back, he was half an hour in my hall, kneeling and begging me to forgive him—in the first instance I had plenty of time to see him—I am quite sure he is the man.
CHARLES COLLETT . I am a bricklayer. I was at my door on 21st Jan.; I heard a cry of "Stop thief!"and ran after the prisoner for a quarter of a mile—I brought him back—I asked him what he had done—he said he had been round to deliver some bills, and he had taken an old coat which was lying on the steps, or else on the banister.
Cross-examined. Q. Where did you first see him? A. Running in Palmer's-terrace, 400 or 500 yards from the prosecutors—I did not see him come out of the house—I took him back to the house—he said he hoped Mrs. Sparling would forgive him.
GUILTY . Aged 17.— Confined Twelve Months.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
JOSEPH ELSAM . I am a messenger of the St. Katharine's Dock Company. On 31st Dec. I was in the office of the "D" warehouse, about half-past ten o'clock—I saw the prisoner—he asked if the officer had got an order for canes for Bacon's cart—he said no, and he had better go and see Davis, the foreman—the prisoner left as if to go there—be had a cart at the back of the warehouse—I can see through loop-holes in the ware-house all over the yard—I was looking through a loop-hole, and I saw the prisoner in the area several times between ten and twelve—the labourers go to lunch at twelve o'clock—I was then looking through a loop-hole—it is part of my duty to see that no men take their lunch in the warehouse—I saw the prisoner's cart backed towards the loop-hole door, which leads from the first-floor into the yard—I had seen the cart further up the yard a few minutes before—the tail of the cart was about four feet from the entrance to the copper vault—there was a ladder from the vault to the level of the area—the door' of the copper vault was locked—if any person wanted copper they had to go to the warehouse-keeper for the key of the vault—I saw the prisoner come in a direction from the area on one side of the cart—he went round to the other side, got into the cart, went to the back-part of it, and trod the straw down—he then got out and drew the horse and cart away—I informed the warehouse-keeper—I had seen the prisoner in the Dock before—to the best of my belief I saw him on 10th Dec, and I saw him on 24th Dec.—he was about the yard with his horse and cart.
Cross-examined by MR. PARRY. Q. Is it your duty to look through the loop-holes? A. Yes; to see if there are any fresh carts or wagons waiting, and I go to the office and see the orders—I had seen the prisoner before with the same horse and cart—I bad not seen him bringing goods in the Dock or carrying them out, to my knowledge—I will not positively swear it—no person can get to the copper-vault without the key—the
Company lock up some goods—the copper-vault is locked, the key is in the office where they conduct the business of the warehouse—it was near to the clerk—persons might go and take the key if they wanted any copper—to the best of my belief this copper was landed from the Bullfinch, in July 1849—it was the warehouse-keeper's duty to keep an account of it—I do not know the quantity of copper that came by the Bullfinch—I had seen the prisoner that day from half-past ten till soon after twelve o'clock; not all the time, but at various times—if he went to lunch he must have gone over the wall—I only missed him for four or five or six or seven minutes, not ten—he was quite at the bottom of the yard—he could not have gone out without being seen by the gate-keepers—there were two wagons and one or two carts there beside the prisoner's.
MR. ROBINSON. Q. It is the men's duty to go to lunch at twelve o'clock? A. Yes; the key of the copper vault hung up near the clerk—a great many persons would have authority to take it—they had no suspicion of any one—when I went to give information, I went to the ware-house-keeper's office—I had to come down from the loop-hole on the first-floor.
GEORGE EDWARD LAUNDY . I am warehouse-keeper of the "D" warehouse. I was in the office on 31st Dec, Elsam pointed out the prisoner to me—I went to him and asked what he was in for—he said he was in for canes—he was then at the back of the "D" warehouse, within about ten yards of his cart—I asked him if he had anything in his cart, he said, "No"—I placed my foot on the step of his cart, and asked him to remove the straw in front of his cart, which he did with his feet; he kicked it backwards and forwards—I then requested him to remove the straw which was towards the back-part—he said there was a tail-board to the cart, and he would let that down that I might see—he did so, and I discovered eight ingots of copper, this is one of them—it is part of the cargo of the Bullfinch—they were placed endways in the cart in a row—I am the keeper of the warehouse—they had been in that warehouse—they were imported in July, 1849—we have subsequently examined the vault, and sixty-six ingots are deficient—I have no doubt these are the same as those in the vault—they have the same marks on them, the same brand—there was a greater thickness of straw where the copper was, than in other parts of the cart.
Cross-examined. Q. What is the mark on these ingots? A. It is a foreign brand, 1848, and "H. T. S." underneath it—this is the same mark as is on those in the vault—that is the mark of this particular cargo—I cannot say whether it is the mark of any other cargo—I should think "H. T. S." stands for the shipper's name, or those who took it from the mine—the weight of this one ingot is about 40 lbs., the weight of the eight ingots would be about 300 cwt.—the vault is kept locked—it is only opened by persons who have to go there—the key is kept in my office—I have not the papers of the original assignment of this copper—the loop-holes are about ten or twelve feet high.
MATTHEW PATTEN . I am gate-keeper, at St. Katharine's Docks. Between twelve and one o'clock on 31st Dec. I took charge of the prisoner, and took possession of a cart in which were eight ingots of copper—I asked the prisoner what he came in for, he said for a load of canes for a Jew in Petticoat-lane—I asked him in what part of the lane the Jew lived, he
said he did not know—I said, "It is a curious thing you should come in for a load of canes, and not know the person you come for"—I asked him the number in Petticoat-lane, he did not know—he then said be was on the cab-stand in Whitechapel on the day previous, And this Jew came and said, "Charley, I want you to do a job for me to-morrow"—he said, "Is it with a cab or a cart"—and be said, "With a horse and cart, to get some canes from St. Katharine's Docks"—he said very well, be would be there at half-past ten; and he went, and the Jew was not come—I asked him where he was to take the canes—he said be did not know—he did not know the name of the Jew—he was to have met him there.
JOHN PASSMORE MUMFORD . I am superintendent of police in St. Katharine's Docks. On 31st Dec. the prisoner was brought to my office, in custody—I asked him if he had any papers—he said, no; he came in for canes, and he had been sent by some person, he did not know who he was—it was customary for persons to bring papers of orders for goods.
Cross-examined. Q. Have you not known a person to come for orders without papers? A. Never; they would not give them the goods without an order—I never knew an instance in which that rule was broken; nor of a person coming without an order and being told to go and get one—they bring an order, and would have to go to the long-room and get an identity-order.
THOMAS JOSEPH HUMPHREY . I am a clerk in the "D" warehouse. The prisoner came to me on 31st Dec. to know if I had an order for canes for Bacon's cart—I directed him to go to Mr. Davis—he appeared to go in that direction.
Cross-examined. Q. You have had orders for Bacon's cart? A. I don't recollect that I have—I know all the different carmen—I would not swear that I have not had orders from that cart, unless I had the delivery-book here—I am always on the cane-floor.
---- NATHAN. I am horse-keeper to Mr. Bacon. I have seen the prisoner at his stable—the last time was last Tuesday five weeks—he came for a horse and cart which he had had before.
Cross-examined. Q. Don't you know that he does odd jobs with a horse and cart? A. Yes.
JOHN FICKEN . I am a labourer in St. Katharine's Docks. I have seen the prisoner there two or three times—I saw him on 10th Dec. in the basement of the "D" warehouse, which is on a level with the place where the copper is kept—a wagon was then loading with whalebone—the prisoner was by the scale while it was being loaded—I had seen him there once or twice besides.
JOHN MERCER . I am a labourer in the Docks. I saw the prisoner there a few days before Christmas, with a cart—I asked him what he was there for—he said, "For kyar," which is rope made of fibres of cocoa-nuts—I saw him leave—I did not see any kyar in his cart—I saw some straw.
Cross-examined. Q. You have seen carts with straw in them before? A. Yes, straw is used sometimes for covering articles—kyar is rolled up; I never saw it covered with straw.
MR. ROBINSON. Q. If kyar is taken out, you would see it? A. Yes, it is a large bulk.
SIDNEY ABRAHAM STANLIFF . I am a landing-clerk, at the Docks. I superintended the landing of the cargo of the Bullfinch, in July, 1849—there were 3,708 ingots of copper landed, and stowed in the vault—I examined them when the prisoner was taken, and found 3,434, making a deficiency of 274—208 had been delivered; that would make a deficiency of sixty-six—I produce a book, in my own writing, where the numbers are entered—here is the entry, 3,708—I have all the delivery-orders with respect to the copper—I have searched the books, and find that these are all the delivery-orders we should have; they refer to 208 ingots, so that I know 208 ingots have been delivered from that vault.
THOMAS PUDDICK . I am a delivery-foreman in the Docks. On 22nd Feb., 1850, I delivered 106 ingots of copper to Shean's wagon, and on 23rd Feb. fifty-two ingots to Henry Hall's order—on 26th March I delivered three ingots to a porter.
MR. PARRY to GEORGE EDWARD LAUNDY. Q. is it not the custom of persons who want goods, to lodge their order with the Docks, and then send the cart for them? A. Yes; and then they have an identitynote, which is brought by the carman—they come, and present either the order or the identity-note.
COURT. Q. Might not a person send a cart without an order, and then come himself with the order? A. I never knew it.
(John Dugard, of Bethnal-green, gave the prisoner a good character.)
GUILTY . Aged 22.—Recommended to mercy by the Jury, thinking him the dupe of others.— Judgment Respited.
MR. ROBINSON conducted the Prosecution.
EDWARD GEORGE WOOD . I am an optician, of Newgate-street. I have two partners—on 26th Dec. the prisoner came, about seven o'clock in the evening; he wanted some electrical machines; I showed him several; he selected one, the price of which was fifteen guineas; he selected some other articles, to the amount of between 30l. and 40l.; he gave his name as Mr. Winterbottom, 8, Bryanston-square; he ordered them to be sent on Saturday morning, to that address; he then said he wanted some spectacles, and pointed to some in the window—he selected a pair of gold folding spectacles, at 2l. 15s.; I will not say whether he
asked to take them, or whether I asked if he would take them; he did take them—if he had not represented that his name was Winterbottom, and that be lived in Bryanstone-square, I would not have let him take them—he said he had a friend residing with him, who wanted a pair of spectacles, and was unable to come out; and he would be glad if we would send a pair or two for his friend to select from—he desired a separate bill to be sent with them, as his friend would pay for them at once; and he said, "I will send you back a check for the amount of the things I have ordered for myself"—he came again on Friday evening, and said the things were not to be sent on Saturday, as he should not be at home; but they were to be sent on Monday; and he requested. to be shown the spectacles which we had looked out for his friend; they were shown to him, and he said he should like to take them to his friend; there was some little hesitation about it, from his saying at that time Mecklenburg-square; but he immediately corrected himself, and said Bryanstone-square—he was allowed to take them—they were worth three guineas—I went next day to 8, Bryanstone-square, but did not find him.
Cross-examined by MR. PAYNE. Q. Was not the address given, after you gave him the first pair of spectacles? A. No, before—Mr. Bland is a clerk in our house—he was examined before the Magistrate—he was present during part of the time the prisoner was there on the first occasion—I only gave the prisoner one pair of spectacles—that was not before he gave the address—I am not at issue with Mr. Bland about that—I am aware of the discrepancy in the depositions, but it is very easily explained: Mr. Bland went next door to get some other things that the prisoner wanted, and in the interim the prisoner gave his address.
HENRY WILLIAMS . I am partner with Mr. Pepys, in the Poultry. On 27th Dec. the prisoner came to the shop in the evening and asked for some surgical instruments—he selected about 25l. worth—he gave his address "Mr. Tyrrell, 24, Bryanston-square"—he then said he thought he should like to take some of them with him; a silver cork-screw, a pair of tweezers, and teeth instruments—he said, "Is it necessary to pay for them?"—I said, "No, as we are going to send the other things"—he said he would give a check for the whole—the amount that he took was 3l.—I made inquiry at 24, Bryanston-square, but did not find him—if I had known that that was not his right name, and that he did not live in Bryanstonsquare, I would not have let him had the goods.
WILLIAM RUSSELL BLAND . I am clerk to Mr. Wood—I was present during part of the time when the prisoner gave the order on 26th Dee.—I was present when he came next evening. On Wednesday evening, 22nd Jan., I went to Mr. Maw's shop in Aldersgate-street—I saw the prisoner there, and heard him give orders for a number of surgical instruments—he gave his address "Mr. Pettigrew, No. 6, Bryanston-square," and ordered them to be sent there—he wanted to take a few things with him—I went into the counting-house and spoke to the assistant, and he declined letting the prisoner have the goods—when the prisoner went out I followed him, and said, "Mr. Winterbottom, I believe"—he said, "No, my name is not Winterbottom, it is Pettigrew; I live at 6, Bryanstonsquare; what is your business with me?"—I told him I lived at Mr. Wood's, and that we had an order for him in the house, and should like to see him on the subject—I have not the slightest doubt that he is
the man who had been there on the day mentioned—he said he had not been there at all—I asked him if he would have any objection to accompany me to Mr. Wood's—he said, "Not the slightest"—I proposed that we should go down Little Britain, which is the nearest way—he said he wanted to go down by Goldsmiths' Hall to speak to his wife, who was in a cab—I said I would go with him—we went, and there was no cab nor wife—he then said he had made a mistake, it must be on further—we went down Gresham-street, and when we came to Wood-street he said he thought it must be there—we went on further, and then he said I had so bewildered him that he did not know where it was—he said he should like to go back to Goldsmiths' Hall—we went there, and there was no cab there—he then said it must be Guildhall—I said, "We will go there"—we went on past the Church—there was a tavern there, and he wanted to go in—I said if he did I would go with him, and I should follow him wherever he went—he went a little way into the tavern and came out again the same way—I then saw a policeman and called him—the prisoner tried to get away, but I laid hold of him and gave him into custody—he said, "For God's sake don't give me into custody; I will go with you to Newgate-street;" and on the way to the station he begged very hard that I would not press the charge against him.
FREDERICK ROBINSON (City-policeman, 498). The prisoner was given into my charge—he said he wanted to go to Newgate-street to arrange matters for the sake of his wife and family—I took him to the station, and found on him this case of instruments, 10l. 9s., and several other things—he refused his name and address, and said be should not say anything till he had spoken to his legal adviser—at the Court he gave the name of Theophilus Smith.
GUILTY . Aged 56.— Transported for Seven Years .
MR. ROBINSON conducted the Prosecution.
HENRY WILLIAMS . I am of the firm of Pepys and Williams, in the Poultry—amongst other articles which I showed the prisoner on 27th Dec. was this case of instruments, and four others—I did not sell it to him—the instruments have never been examined, and there are no needles put in the pocket—this instrument is a silver caustic-holder, and I have never sold a case with one of these in it—the prisoner bad an opportunity of taking this case; he had several before him—I did not miss this case till the policeman showed it me—I then examined my book, and I have no entry of it.
Cross-examined by MR. PAYNE. Q. When did the officer bring this case? A. About a fortnight afterwards—I had put the cases away after they had been shown to the prisoner—my books are not here—I have only one partner—I might have put away the cases without missing this one; I had so many instruments about—I have never seen the prisoner at my shop since.
GUILTY . Aged 56.— Confined Two Months .
MR. RYLAND conducted the Prosecution,
WILLIAM RUMP WILLIAMS . I am a jeweller in the Strand; I have one partner. One evening at the latter end of Dec. the prisoner called—I think it was on a Tuesday—he asked to look at some strong gold guardchains for a nephew of his, who was going to the East Indies—I showed him five—he said they were not the sort, he wanted a stronger kind—I showed him three more of a different kind—he took up one and said, "That is the sort I want"—he put it down again and said, "I will call in an hour and take it," and went out at the door—before the door had closed I missed one of the five chains—a person went after him but could not overtake him—I have never seen my chain since.
Cross-examined by MR. LAWRENCE. Q. What was the value of it? A. 4l. 14s.—I had never seen the prisoner before—I knew how many chains I had put down—no one else was in the shop—I recognised the prisoner again at Marlborough-street—he was then dressed as he is now, but when he came to me he had a dark coat buttoned close up.
MR. RTLAND conducted the Prosecution.
GEORGE THOMAS ROE . I am assistant to Mr. Richard Attenborough, a silversmith and jeweller, of Piccadilly, in the parish of St. James', Westminster; it is his dwelling-house. On 13th Jan. I was in the shop—the prisoner came in about ten minutes past five o'clock—he said he wanted to look at some guard chains—I took some from the window, and laid eight before him on the counter—he asked if I had any stouter—I said, "Yes," and I went to another part of the shop and returned with two more—I observed that the chains on the counter were displaced, and I missed one—I said nothing, but laid down the two and affected to go to get some more, turned round sharply and saw him in the act of patting another in his pocket—I said, "That won't do, pull those chains out of your pocket"—he said, "What won't do; what chains?"—he tuned from the counter, but I saw his hand go to his pocket, and take out first one chain and then another, and throw them on the counter—I took hold of him, and called for assistance, but be struggled and got away—he was taken by a policeman.
WILLIAM PALMER (policeman, A 313.) I was a little way from the shop—the prisoner was given to me by a man—I told him what he was charged with—he said nothing—he bad ten shillings, one halfpenny, and a piece of wax candle on him.
GUILTY .† Aged 40.— Transported for Seven Years .
(There was another indictment against the prisoner.)
MR. RYLAND conducted the Prosecution.
to deliver to Mr. Hewitt, of Slough—I proceeded to take them there, but I found two could not well walk—I gave them all back to William Collins.
WILLIAM COLLINS . I am in the service of Mr. Samuel Minton, of Windsor. On 15th Jan., Blackall left ten sheep with me—I took eight of them to Slough—I put one of the other two in a meadow near the station bridge, and the other in a field near Southall Church—on the following morning the one near Southall Church was gone—I had marked it with a streak of red ochre down the back—I saw a sheep-skin produced by the officer on the following Monday—I believe it was the skin of the sheep I had left near Southall Church—I saw part of the mark on it.
Cross-examined by MR. HORRY. Q. Have you ever marked other sheep? A. Yes, with a plain straight mark down the back—it is common to put the same mark on sheep.
EDWARD HARVEY . I live at Paddington. On 16th Jan., I was working the mail-train on the Great Western Railway—when I got near the Southall station, at twenty minutes before eleven in the morning, I saw the two prisoners carrying a sheep from the railway ditch; one was pulling the sheep, the other pushing it—on the following Sunday I told what I had seen.
Cross-examined. Q. You were going a mail pace? A. Yes, twentyfive miles an hour—it was my duty to attend to passengers—I did not stop at all—the prisoners were ten yards from me; one was pulling the sheep by the head, and the other pushing it—they were both stooping—they were in the ditch near the station.
JAMES LOXTON (police-inspector). I received information on 19th Jan., and went to the prisoners—I knew them—I went to Deary's house first; he was not at home—I searched, and found one piece of mutton on the fire cooking, and twenty-one pieces in a large pan in the cupboard—there was 70lbs. weight in all—they were in small pieces, and cut up anyhow—there was a quantity of mutton-suet run down in a jar, and some in a pan—I went into the garden; there was some rubbish, and it appeared as if they had been trying to burn something—I saw some pieces of sheepskin—I then dug, and found a square piece of sheep-skin under the root of a tree—I then took up five other trees, and found portions of skin under them that had been burnt—I put the pieces together, and there was the greater portion of the skin of a sheep with a red ochre mark from the head to the tail—I then went to Wells' house; nothing was found there—his garden joins to Deary's; their houses are about twenty yards apart.
Cross-examined. Q. Did you know it was Deary's house? A. Yes, I knew him before, and his house too.
WILLIAM NORRIS NEAVE (policeman, T 94). On 20th Jan. I went after the prisoners—I found them together, about 150 yards from the house—they saw me coming up the road, and Deary walked away as fast as he could—Wells stopped, and I took him—a person with me went and fetched Deary; he was about fifty yards off; I saw him taken—they were taken to the station.
Deary's conviction—(read—Convicted Oct. 1848, and confined two months: also, Convicted Dec. 1848, and confined six months)—I was present at each trial; he is the man.
DEARY— GUILTY . Aged 59.— Confined Twelve Months .
WELLS— GUILTY . Aged 64.— Confined Six Months
THIRD COURT.—Thursday, February 6th, 1851.
PRESENT—Mr. Ald. CHALLIS and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Fourth Jury.
GUILTY . Aged 38.— Confined Three Months .
517. EDWARD NAUGHTON , stealing 2 books and I gown, value 25s., 6d.; the goods of Mary Fielder: and 1 bag, 2 pairs of boots, and other articles, value 19s.; the goods of John Headfort, his master; having been twice before convicted: to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years .
GUILTY . Aged 23.— Confined Six Months .
GUILTY . Aged 39.— Transported for Seven Years .
VOSE pleaded GUILTY . Aged 15.— Confined One Month, and Whipped .
MR. HORRY conducted the Prosecution.
Cross-examined by MR. PARRY. Q. It was on the hoard for sale? A. Yes; I should have sold it for 1s. 3d.—it is only tarnished—I had had it about ten days—it was new, and had never been used; it appears to have been used now—this (produced) is the fellow to it.
EDWARD BAXTER . I live at 5, Brook's-gardens, Baggnige-wells-road, On 30th Jan., at half-past five o'clock, I saw Vose and another boy at the bottom of Exmouth-street, with a candlestick—Vose went with it to Mrs. Williams's eating-house, and came out without it.
Cross-examined. Q. Are you a companion of his? A. No; I know him by sight—I sometimes had my meals when he did, at this cook's-shop—he was a customer there—I am a greengrocer's errand-boy—I once offered Mr. Williams a dinner-knife for sale, when I was in want of something to eat; he did not wish to buy it—I afterwards sold it to a cats'meat man—he was not charged with receiving it.
JOHN FISHER (policeman, G 127). In consequence of information on 31st Jan., I went to Williams's eating-house, in Little Warner-street, and told her I called respecting a candlestick which had been brought there last night by a boy—she first said she did not recollect, and then she said, "Oh, I recollect I had a brass candlestick brought in last night by a boy," that the boy came several times, and at last she bought it, and gave him 3d. and a piece of pudding for it—she produced this candlestick from under the back-parlour dresser (produced).
Cross-examined. Q. It had been used? A. Yes, there was tallow in it—she said she constantly had boys coming.
JOHN ARCHER (policeman, G 217). I took Vose on 31st Jan., and told him it was on suspicion of stealing a candlestick—when Fisher had done talking with Williams, I said, "Now, about the bacon you bought of the same boy, on the night before you bought the candlestick"—she said, "Bacon; what bacon? I have got no bacon"—I was going towards the back-shop, and she got before me, and said, "Yes, I do recollect buying a piece; I bought it of the same boy; I gave him 1s. for it"—I took possession of 41bs. of bacon from a cupboard—I produced Vose, and she said, "That is the boy I bought the bacon and candlestick of"—he said nothing.
Cross-examined. Q. How long have you been in the police? A. Twenty-one years—I question people according as I find the case—I did not take Williams; we only went to her as a witness—this is the bacon (produced).
JOHN HENRY CHIPPERFIELD . I live at 58, Red Lion-street, Holborn, and am a cheesemonger. I last saw this bacon on the night of 29th Jan.—it then weighed 4lbs., and was worth 2s.—there have been three rashers taken off it.
Cross-examined. Q. How do you swear to it? A. I made a mark in cutting the bone when I put it out—I would swear to it out of fifty—it is cut improperly.
THOMAS VOSE (the prisoner.) I have pleaded guilty to stealing the candlestick—I did not have any conversation with Mrs. Williams before that—she bought the candlestick—I told her I got it from Exmouth-street; and she asked me if it was all right—I said "Yes"—she gave me 3d. and a pennyworth of pudding for it—when I took her the bacon she asked me to get a set of knives and forks for her, as she had lost all her knives—I told her I did not know where to get any—she gave me 9d. and a pennyworth of pudding for the bacon—I once sold a jug to her; I had not stolen that.
Cross-examined. Q. Did not you tell Archer she gave you 1s. for the bacon? A. No; I told him 9d. and a pennyworth of pudding—I was once charged with stealing a bottle of physic—I had fourteen days—I have never been charged with any other offence.
(Williams received a good character.)
WILLIAMS— NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
EDWARD JAMES WEBB . I am an inmate of St. Luke's, Chelsea, workhouse. On 18th Jan., at twenty minutes past eight o'clock, I was employed to collect the men to go to the stone-yard; the prisoner was one of them; and while there Wilkie came, and in the prisoner's hearing said, "stop the men from going out, there is a pair of sheets stolen"—the prisoner, who was about four yards off, immediately turned away, and went towards another part of the house—I noticed a bulk about his body, followed him to the privy, and got up in time to see him throw the sheets on the roof—he got away over the walls into the street—these are the sheets (produced)—they have the workhouse mark on them—I saw them in the prisoner's hand as he threw them.
MARY WILKIE . I am an inmate of Chelsea Workhouse, and have the care of the young men's ward, where the prisoner occupied a bed. On the night before 18th Jan. he slept in the upper room, and in the morning, about eight o'clock, I missed a pair of sheets—I gave information—these are them.
Prisoner, Q. Have I got any bad character in the house? A. Yes; you have been a very bad boy ever since I have known you.
EDWARD LYNE (policeman, V 210.) I took the prisoner—he said he ran away from the workhouse, but he did not steal the sheets—I produce a certificate—(read—Central Criminal Court—John Reason, Convicted Feb. 1849, having been before convicted, Confined one year)—I was present—the prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years ,
NICHOLAS CRAY . I live at Hall-place, Paddington, and am a carman, in the employ of Mr. Martineau. On 20th Jan. I was putting a horse to. a cart, and had a dog with me, which attracted my attention to a door, and the prisoner walked out against me with this basket of tools—I asked what brought him there—he said he was a bricklayer at work there—I asked who let him in—he said, a labourer who was round the corner—he went to the corner to see the labourer, threw the basket away, and ran up Hall-place—I followed, and saw him caught before I had lost sight of him—I got the basket, met a policeman, and gave him into custody—the basket contains two brushes, a hammer, and a square (produced).
DAVID BARRETT . I am a plasterer—I was working at Hall-place, and left my tools there on the Saturday night, at half-past five—I went on Monday at seven, and the tools were at the station—these are them—they are worth 2s. 6d.
Prisoner's Defence. A man asked me to hold the basket while he got a lucifer; I did not go inside the house.
GUILTY .* Aged 22.— Transported for Seven Years .
THOMAS BARNES . I lodge at the Sailors' Home, Wells-street—the prisoner had a berth there, but he had no coat—I afterwards saw him come out of Grubb's cabin with a coat on his arm—he went into his own cabin, came out with it on his back, and went into the street—I did not know the coat—I had helped Grubb to bed that night; he was tipsy.
Prisoner. Q. Did you take any money from him? A. Yes; 1s. 4d.—I gave it him again next morning.
GUILTY . Aged 27.— Confined Three Months .
OLD COVRT.—Friday, February 7th, 1851.
PRESENT—Mr. JUSTICE COLERIDGE, Mr. JUSTICE CRESSWELL; Sir JAMES DUKE, Bart., Ald., and Mr. Alderman LAWRENCE.
In the case of EDWARD AMOS , convicted at the last session, MR. JUSTICE COLERIDGE delivered the following judgment:—"You were convicted in this Court on an indictment which charged you with burning a building described by various terms as a warehouse, an office; and in another Count as a shed) and the question was raised on your behalf as to whether the building came within the description in the Act of Parliament, making it a felony. That question was considered by the Judges at the Court of Criminal Appeal, and they were unanimously of opinion that the building was well described as a shed, and that the conviction was right.—(Sentence: Transported for Fifteen Years).
In the case of FREDERICK AUGUSTUS DAWSON (page 103), MR. JUSTICE CRESSWELL delivered the following judgment:—"You were tried in this Court in November last, on an indictment charging you with forging and. uttering an instrument set forth in the indictment, and described as a warrant or order for payment of money; you were found guilty of uttering, and the learned Judge reserved for the consideration of the Court of Criminal Appeal, whether it could be properly described as a warrant or order for the payment of money, and the Judges think there is no doubt that it was properly described, because if the money had been paid, there is no doubt that the document would have been a good discharge, and therefore that the description is right.—(Sentence: Transported for Ten Years.)
~NEW COURT.—Friday, February 7th, 1851.
PRESENT—Sir, PETER LAURIE, Knt., Ald.; Sir WILLIAM MAGNAY, Bart., Aid.; Sir JAMES DUKE, Bart., Ald.; and Mr. RECORDER.
Before Mr. Recorder, and the Fifth Jury.
GUILTY . Aged 20.— Confined Three Months .
GUILTY . Aged 16.— Confined Two Months.
GUILTY . Aged 42.— Confined Four Months.
GEORGE CLAPP . I keep a greengrocer's shop in Pindar-place, Gray's-inn-road. On Tuesday morning 28th Jan. I went out to market about six o'clock or a quarter past—I left my shop-door quite safe—I pulled it to by the knocker, pushed it with my hand, and then with my knee—it had a spring lock inside—I left the gas burning in the shop—a person going by could only see it through the key-hole; there was no glassdoor—I had seen a dressing-case that morning on the drawers in the backparlour before I went out; there were no clothes on the parlour floor then—there were when, I came back.
AUGUSTA SOPHIA CLAPP . I came down that morning about half-past six o'clock—my husband had gone out before—I went to the backparlour and saw some clothes lying on the floor—there were two men in the back-parlour; one was at the drawers taking the things out—the gas was lighted; partly turned up—one of the men had a long dark sleeve jacket—he was at the door—I could almost swear it was the prisoner—I did not see his face—he was dressed as the prisoner, and his appearance was the same—when I came into the back-parlour the two men ran into the shop and out at the front-door, which was partly open—I had seen the man packing the clothes in a red handkerchief; that was not the man like the prisoner; it was not my handkerchief—I ran to the street-door but could see nothing of the men—in about an hour I missed a dressing-case—the clothes were all about the back-parlour ready to take away—they had left the red handkerchief there with linen of different kinds in it—nearly every thing was taken out of the drawers—nothing was taken away except the dressing-case.
HENRY HEBARD (policeman, E 60). I was on duty in Cromer-street, and saw the prisoner, about a quarter-past seven o'clock, with a square bundle under his arm, like a work-box—I stopped him, and asked him what he had got there—he said, "I have got nothing"—I said it appeared like a work-box, and I asked him whose it was—he said, "It is my own"—I took him and the box—this is it (produced)—he was asked at the station in my presence about the box—he said he found it in Cromer-street—I found on him a bradawl and five duplicates.
Prisoner. I was not near the place; I had the box on me, but I picked it up in Cromer-street; the officer has known me ten or twelve years, and has known me to work hard for my living.
but for eight or ten months he has got associated with some had characters, some of whom have been transported—for the last four or five months he has been continually with them almost all hours of the night.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 25.—Recommended to mercy by the Prosecutor.— Judgment Respited.
MR. M'MAHON conducted the Prosecution.
MARY ANN NICHOLLS . I am the wife of John Nicholls, a dock Iabourer, of Chapman-street, St. George's-in the-East—I am a tailoress, and work for Mr. Robinson, in the Commercial-road. On 12th Oct., about half-past ten or eleven o'clock in the morning, I sent my daughter with a bundle containing two coats, tied up in a yellow and blue handkerchief, to Mr. Robinson—I had been in the habit of sending her there for the last seven years—she came back with a policeman, about two o'clock—the coats were worth 7s. or 8s.—they belonged to Mr. Robinson—he gives me out the goods to make up.
Cross-examined by MR. HOGGINS. Q. DO you live with your husband? A. Yes; my daughter is thirteen years old—she never made a mistake of this kind before.
SARAH NICHOLLS . I am daughter of the last witness—she sent me with a parcel, containing two coats, to Mr. Robinson in Oct., tied in a blue and yellow handkerchief—I left my mother's about half-past ten o'clock; and as I was going along Lower Chapman-street the prisoner came to me and said, "Are you going to Robinson's?"—I said, "Yes"—she said, "I am going to Robinson's almost directly, come along with me"—I went with her up Catharine-street, and round by the London Hospital—we then went up another street, where there was a lot of cows and cow-barns—she took me to the top of that street, and told me to go down another street, and at the bottom of it I should see a white milk-house, where I was to get five coats, and to bring them to her—she said she worked for Robinson's, and was going to take them there—I gave her my bundle, as she said my two coats and her five coats would be too heavy for me—she said she would wait for me—I went to look for the white milk-house; I could not find it, and returned to where I left the prisoner, and she was gone, and my bundle too—I cried—a policeman came up and took me to the station—I described the prisoner—I saw her again in the cell in Worship-street—there were about six persons besides her—she was not pointed out to me—I knew her directly.
Cross-examined. Q. You appear to have gone through a great many streets with the prisoner? A. Yes, three—she talked to me all the way—I lost my way—when I came back I missed the street—I am certain I came back to the same spot where I left her—I told the policeman where I left her—I have not seen or heard of the coats since—I am quite sure the prisoner is the person; I have no doubt about it—she has not the same dress on now—I never met anybody before in that way—I have gone with the coats for many years.
I was present when she was shown to Sarah Nicholls—she was not pointed out to her—the moment the cell-door was opened, she said, "That is the woman"—the jailor opened the cell-door—she was told the was taken there to see if there was any one there that she knew.
NOT GUILTY .
MR. M'MAHON conducted the Prosecution.
WILLIAM HURLOCK . I am eleven years old; I live with my father, William Hurlock, a hearth-rug weaver in Nottingham-place, Shoreditch. On 11th Jan., I received a bundle of linen from Mrs. Smith, tied up in a towel belonging to 22, Horningford-street—I was going to take it there—as I was going along Maria-street, the prisoner came up to me—she said, "Little boy, will you go to Huntingdon-street for me to get a basket of starched things; I will give you a penny now, and a penny when you come back"—I agreed to go—Huntingdon-street is straight across Kingsland-road, quite straight from where I left the prisoner—she told me to go to the house of a person named Harris, where I should see a cow hanging out—she took my bundle out of my arms, called a little girl who was sitting on the other side of the road, and said, "Will you hold this bundle for the little boy?"—I went to Huntingdon-street—I found the sign of the "Cow," but not the name of "Harris"—I asked at the house for the clothes—they said, "There are no clothes here, go away"—I came back to where I left the prisoner—I knew the spot—I did not find her nor the bundle—the little girl was there—she had not the bundle—she said the woman took it away from her—she was a very little girl, not able to carry it, about five years old—Mr. Smith came up, and I told him—I went to the station, and described the prisoner to Mr. Smith—I saw the prisoner again at Robert-street station—I knew her directly, and have no doubt she is the person—I do not know what was in the bundle; it was in the same state as I received it.
Cross-examined. Q. The house that you went to had the sign that the prisoner told you it had? A. Yes; Mr. Smith had come up, and I had given him a description of her before the policeman came—the prisoner has the same shawl on now that she had then—I also know her by her features—I had never seen her before.
MR. M'MAHON. Q. Was she pointed out to you? A. No, directly I saw her I knew her—she was not in the cell—I have no doubt about her being the same person—the bundle was wrapped in a coarse towel.
EDWARD LAING SMITH . I am a gas-fitter, of 15, Nottingham-place, Shoreditch. On 11th Jan., my wife sent Hurlock out—he used to go on errands for her—she takes in washing—a person came and told me that the things were stolen—I went and found the boy crying; he gave me a description of the person—next Saturday, 18th Jan., I was in Ivy-lane about half-past one o'clock, and saw the prisoner speaking to a boy who had a basket of clothes—I heard her say, "Leave me your bundle, and I will leave it at the public-house"—he said, "No," and went away—the prisoner's dress answered to the description which had been given me by Hurlock—I went and spoke to the boy—I then went and told the Prisoner to come with me—she said she would not, because I was not a
constable—I gave her in charge to a policeman—she was taken to the station, and Hurlock came and saw her—he had said that she was dressed in a plaid shawl, a light dress, and a white straw bonnet.
Cross-examined. Q. From the description, you thought the prisoner was the woman? A. Yes; I have had no conversation with the prisoner's friends but what I have had here—they asked me if I would speak for her—I did not say yesterday that if I had some money from them I would not prosecute—I did not say anything like that—I said if they had brought the things back again before I went to Worship-street, I might not have gone on with it—I have lost the shirts and things that were in the bundle—they were not mine.
JOHN LONG (policeman, N 405). The prisoner was given into my custody by Mr. Smith on 18th Jan.—he said in her presence, "Take this woman to the station, she robbed my little boy this day week in Woolpack-passage of some linen"—she said, "I am quite innocent of the charge; I never took a farthing belonging to any one in my life"—Woolpack-passage is about fifteen yards from Maria-street.
HENRY FINNIS (City-policeman 633). I produce a certificate of the prisoner's conviction at this Court by the name of Susan Harris—(read—Convicted Dec. 1849, and confined six months)—she is the person—there are about twelve charges against her now, and seven or eight before for robbing children.
GUILTY . Aged 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
THIRD COURT.—Friday, February 7th, 1851.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. LAWRENCE; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
MR. O'BRIEN conducted the Prosecution.
WILLIAM MEYER (policeman, B 214). On 22nd Jan., about half-past eight in the evening, I took the prisoner into custody outside the White Horse in Orchard-street, Westminster—I picked up this shirt (produced) close at her heels—it was quite wet.
Cross-examined by MR. HORRY. Q. you cannot say who dropped it? A. No; I took her on another charge, which is not here—several other women were round there together; I have not had any of them in custody.
ANN CRAWLEY . I am the wife of Matthew Crawley, of John's-rents, Westminster—I saw Meyer with the prisoner in custody, and saw the shirt fall from under the prisoner's arm; an old gentleman who was passing picked it up and gave it to Meyer.
Cross-examined. Q. You are quite sure Meyer did not pick it up? A. Yes; the gentleman picked it up and said, "Policeman, here is the shirt"—I was with Mrs. Connor at the time.
MARY M'CARTHY . This shirt is my brother's, John Curley—I wash for him—I had washed it this evening and hung it out at No. 11, John's-buildings, which is about two minutes' walk from the White Horse—I saw it safe at half-past five o'clock, and Meyer had it between eight and nine
—I had missed it at half-past seven—I made it myself—my husband's name is Charles.
Cross-examined. Q. How high was it hang up? A. At the one-pair window, ten or twelve feet from the ground, beyond reach—it might have blown down if the pin came out.
NOT GUILTY .
FRANCIS BOWEN . I live at Slater's-buildings, Brook-green. On the first week in Jan. the prisoner sold me five chisels, a saw, and an adze—I gave him 4d. for four chisels, and 6d. for one—I sold the five chisels to Gray—these (produced) are two of them.
JOHN LOWE . These two chisels ore mine—they were safe on 23rd Dec. at Mr. Hurst's shop, Brook-green, and I missed them on 26th—the prisoner was a porter there—I know them by a mark on the handle—they are worth 1s. 9d.
GUILTY . Aged 23.— Confined Nine Months.
(There was another indictment against the prisoner.)
534. JOHN FORRESTER and HENRY CROWTHER , stealing 321bs. weight of lead pipe, and 1 copper, value 1l.; the goods of Edward Robert Butler, fixed to a building; both having been before convicted:—2nd COUNT receiving the same.
MR. BURNIE conducted the Prosecution.
MART ANN FALKNER . I am the wife of Charles Falkner, who keeps a marine-store shop at 3, Eyre-street-hill. On the evening of 14th Jan. Forrester came and asked me if I would buy an old copper and some old lead—I said, "Where is it?"and while I was speaking Crowther brought in a copper and some piping—I said my husband was not at home, and I did not like buying them—they said, "Then we will leave them," and both went out together, leaving the articles in the shop—I went to the door to see if my husband was coming—I saw Archer and Fisher, gave them information, and they afterwards brought back the prisoners—I am quite certain they are the men.
Cross-examined by MR. PAYNE. Q. You had never seen them before? A. No; they were no time in the shop.
Crowther. Q. Did you not strongly deny us when we were brought to you? A. No; I said, "These are the parties," or "These are the men."
JOHN ARCHER (policeman, G 217). In consequence of information I went to Leather-lane and saw both prisoners there together—Fisher took Crowther, and I took Forrester—I told him I wanted him for some lead pipe and a copper—he made no answer—we went to Mrs. Falkner's shop, and she said, "These are the parties that brought the lead pipe to me"—I saw the copper and pipe there, and took possession of them—I found some lucifer's on Forrester—I afterwards went to 25, Brewer-street, Clerkenwell, which is an empty house, and assisted in comparing the copper and lead-pipe—there was a hold-fast in the wall which had catched
over the pipe, and had been coloured all over with the pipe, and there was the mark on the pipe where the holdfast had been.
Cross-examined. Q. Did the copper fit? A. Three parts round it did—it had been bent—I did not hammer it out, but the colouring on the edge was the same as on the brickwork—the pipe had been broken off—the first information I received about this was from Mrs. Faulkner—after I had been to the station I received information from a boy.
WILLIAM FISHER (policeman, G 127). I took Crowther, and the same night went to Brewer-street—I measured the place where the pipe had been cut off, and found it corresponded with the pipe, and the copper corresponded also exactly—there was a foot of pipe short, but a foot has since been found which also corresponds—there are about twenty feet—on examining the premises I found these matches, which are of the same colour as those found on Forrester.
WILLIAM OSBORN . I am agent to Mr. Edward Robert Butler, of Furnival's Inn, the owner of this house in Brewer-street. On Tuesday, 14th Jan., I compared the copper and lead pipe which was shown me by the officers with the place, and they corresponded exactly—I had seen them safe fixed up on the Saturday before—I swear to the pipe by a hole in it, which was made by the last tenant.
Cross-examined. Q. How do you know Mr. Butler's name? A. I have had transactions with him for fourteen years, and received the rents for fifty houses, and pay them over to him, and have seen his own signature.
DANIEL MAY (City-policeman 857). I produce a certificate—(read—Central Criminal Court, Henry Yates, convicted Aug. 1849, of stealing from the person, having been before convicted, confined one year)—I was present—Crowther is the man.
FORRESTER—Aged 19. †
CROWTHER—Aged 18. †
GUILTY on 2nd Count.— Transported for Seven Years
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
SIMEON MILES . I saw this wool (produced) found in the prisoners' house—this blue piece I had made and dyed for me—it is a peculiar colour, and the wool is of a peculiar nature—I could pick it out of fifty pieces—it was kept in my house.
Cross-examined by MR. O'BRIEN. Q. Had you a large quantity of it? A. No, about 4cwt. or 5cwt.; it was spun at Halifax, and I had it dyed
in town—I had had it seven or eight months—I have sold some of it—I heard Catherine say, "My brother and us bought it at different times at Mr. Miles's shop, and some we have had by us for twelve months"—I have about 2cwt. left—Catherine never bought any wool of me—Miss Welden used to sell—any of the women might buy an ounce of me, but not a large quantity—wool of this colour and kind has been given out to Catherine.
ELIZABETH WELDEN . I gave this blue wool out, and a head of white also, to one of the prisoners, I cannot say which, to see if it ever came back, and it never did—I cannot say whether it was before or after Christmas—I believe all this wool is Mr. Miles's—to the best of my knowledge I never sold the prisoners any wool, and I am sure I did not sell them such a quantity as this—I do not know their brother.
Cross-examined. Q. You have sold some? A. Not of this colour; we have other hanks of it at the shop—there is no mark by which I can distinguish this from the other hanks—this was to be manufactured into children's boots—I never asked for it back.
JURY. Q. Did you ever sell wool of any kind? A. Yes, in all quantities, from 1lb. to 21bs.—I gave all the wool out that is produced; such wool.
NOT GUILTY .
FREDERICK WEAVER . I am porter to the College attached to St. Barnabas Church, Pimlico. On Saturday, 2nd Feb., at half-past nine o'clock at night, I saw the Church window safe—I saw it at a quarter to eight next morning, but did not examine it—at nine I missed the copperwire guard which was fastened to the window the night before—in consequence of information, I afterwards found it in an unfinished house in Ranelagh-grove—this is it (produced)—it is the property of William James Early Bennett and the Churchwardens' jointly—the Churchwardens are Sir John Harrington and Mr. Charles Briscoe.
Cross-examined by MR. PAYNE. Q. How do you swear to it? A. I have tried it to the window; it was six feet from the ground—I have seen Mr. Bennett's name in different books—I do not know the names of the books—he is not here—I have never seen him use the book in which I have seen his name—I know Mr. Briscoe's name by seeing him sign Church notices, of which I have the placing up—I know the guard is their property, because I received information from Sir John Harringtonthere is nothing to prevent them coming here.
WILLIAM CHAPLIN (policeman, B 96). I found the guard behind the door of an unfinished building in Ranelagh-row, about thirty yards from the Church, last Sunday—I watched, and about a quarter to nine o'clock in the evening the prisoner came, picked it up, put it on his shoulder, and was going away with it, when I stopped and asked what he was going to do with it—he said, "All right, I am after nothing"—I took him to the station.
NOT GUILTY .
CHRISTOPHER STORY . I live at 38, High-street, Bow. I have known the prisoner twelve or fourteen years—on 20th Dec. I took him into my house to employ him at my business—he stayed till 11th Jan., when he left before I was up, and when I went down I mised a silver watch and chain from the workshop, which was safe the night before—this (produced) is it—on 2nd Feb. I saw the prisoner, and seized him—he said, "Oh never mind, Mr. Story, I shall not run away, I came to deliver myself up"—he was passing the door of a house where I was looking out for him—I took him to the station, and on the way he inquired if I had found the watch—I said, "Yes, who pledged it?"—he said, "I did"—while he was with me, I noticed a strangeness in his manners, and I have had a paper sent me from a lunatic asylum.
JOSEPH HOLDEN (policeman, K 427). I took the prisoner last Sunday night—I put the handcuffs on him, as I had had information that he carried a knife—he said, "You need not do that, I will go quietly, I came to deliver myself up"—at the station he begged the prosecutor not to transport him—he told the inspector he pledged the watch, and spent the money.
GUILTY . Aged 27. Recommended to mercy by the Prosecutor.— Confined Twelve Months
HANNAH HUBBARD . I am servant to Mr. Green, of the Adelphi, who deals with Mr. Buckingham for meat. On 25th Jan. I paid the prisoner 5s. 7 1/2 d. on account of Mr. Buckingham—he signed this paper (produced).
ELIZABETH ANN BUCKINGHAM . I am the wife of William Buckingham, butcher, of Newport-market. We occasionally employed the prisoner—I sent him with a piece of beef and a bill to Mr. Green's; he was to receive the money and pay it to me—he did not come back—I have never received the money.
Prisoner's Defence. I never received anything for my services.
GUILTY . Aged 23.— Confined Six Months.
(There was another indictment against the prisoner.)
OLD COURT.—Saturday, February 8th, 1851.
PRESENT—Mr. Justice CRESSWELL; Mr. Ald. LAURENCE; and RUSSELL GURNEY Esq.
Before Mr. Justice Cresswell and the Second Jury.
MR. BODKIN conducted the Prosecution.
JOHN WILMOT LINDRIDGE . I am a lime-burner, my works are at Woldsham, near Rochester; I had a wharf at 78, Great Cambridge-street, Hackney-road. The prisoner came into my service cm 25th March—it was his duty to receive, and pay money at the wharf on my account—In Oct. last he handed me this acceptance for 35l. odd (produced)—it was accepted the same as it is now, except the notary's paper; it purports to be the acceptance of a Mr. Stiles—I had a customer of that name at Dalston—he told me that was an acceptance of Mr. Stiles for money that he owed me for goods—I put my name to it as drawer, endorsed it, and paid it into my bankers' (read—"dated 18th Oct., 1850, for 35l. 15. 6d.; drawn by John Wilmot Lindridge, on Stephen Stiles, payable two months after date")—before it became due the prisoner was taken into custody—I did not know that there was anything improper or irregular in it until it became due, it was then returned by my bankers.
Cross-examined by SERJEANT JONES. Q. You reside at Rochester? A. Yes; I left the whole management of my business at Hackney to the prisoner to take orders, execute them, and receive and pay money—I did not know the state of my account with Mr. Stiles—when I first saw the bill, which was on 18th Oct., it was not lying open on the desk in my counting-house, he handed it to me; it was an acceptance for what Mr. Stiles owed me—the prisoner had 12s. a week—we settled our accounts every week—I do not believe there was a balance in his favour above once—I had authorised him to draw this bill before I saw it—he told me he could get a bill for the money that was owing to roe—it is very likely he knew more of my business than I did; I did not know at the time I received the bill how much Mr. Stiles owed me—I did not authorise him to keep a running account, so as to debit me in his account with his travelling and other expenses—I told him I would pay for his little incidental expenses merely—I did not order him to be out on my business from six in the morning till six at night, it was from six till four in the afternoon.
MR. BODKIN. Q. Then the subject of this bill had been matter of conversation between you and him before the 18th? A. Yes; some time before; he said Mr. Stiles could not exactly pay, but would give a bill, and I said, "Very well, get it"
COURT. Q. DO you know the writing of the body of the bill? A. Yes; It is the prisoner's—I sent lime to him for sale.
STEPHEN STILES . I am a builder, of 7, Philips-place, Dalston. I am a customer of Mr. Lindridge, at his wharf at Hackney. I transacted business with the prisoner—the acceptance to this bill it not my writing, or written by my authority—I knew nothing about it till after it became due—I never desired the prisoner to tell Mr. Lindridge that I could not pay my debt, and that he must draw a bill for it; I owed him under 20l. on 18th Oct.—I cannot tell exactly how long it had been standing, I had been in the habit of paying every week until the prisoner fell off collecting—I several times asked him the reason he did not call, he gave me no answer—to my surprise there was a bill left at the Albion public-house, Albion-road—it was made payable there; it is a house I use sometimes—there was an item in the account which was disputed.
Cross-examined. Q. Had you ever desired the prisoner to tell Mr. Lindridge to draw a bill on you? A. Never; I had dealt with him going on for twelve months, I think—I am not aware that I am the prosecutor of this indictment.
MR. BODKIN. Q. you were examined before the Magistrate, but not on this charge? A. No; I should think that in the course of my dealings with Mr. Lindridge, I have paid him near upon 80l.—I owe him nothing now—I have settled with him since this matter, and paid him 40l.—I had goods of him after 18th Oct. to, I should think, the amount of about 20l.
JOHN TOUGH . I am superintendent of police for the city of Rochester. I produce a certificate from the clerk of the peace for Kent—(read—Frederick George Janes, convicted of forgery, July 1845; transported for seven years)—I was present—the prisoner is the person; I have known him from a child.
GUILTY . Aged 26.— Transported for Twenty years.
(There were two other indictments against the prisoner.)
MR. CLARKSON conducted the Prosecution.
THOMAS FULLER . I am a sharebroker. I had a partner, but have not now—I had no partner on 12th Dec.—on 10th Dec. I received this letter (looking at it)—in answer to it I wrote so much of this letter (looking at another) as is subscribed "Fuller and Co."—in reply to that I received this other letter (looking at it)—in consequence of that I went on 12th Dec. to the Old Bell, in Holborn—I saw Mr. Bunyer, the landlord, and tendered him a check for 50l.—he refused to take it—I returned to my office and sent my clerk, Charles Grinter, with 50l. in cash; in return for that he brought me this document (looking at it)—I did not receive this letter of my own with the receipt subscribed as it is now—I never received it directly from the landlord myself—I believe one of the officers received it—it was left in the hand of Mr. Bunyer—I believe I saw it two or three days afterwards—the assignment and transfer I sold to a mining sharebroker—it afterwards turned out a forgery—I replaced a genuine share at the time, so that by these means I have lost 50l.—there was a duplicate of the paper—they were both handed to Mr. Jones.
Cross-examined by MR. SERJEANT JONES. Q. When did you last have a partner? A. I think it was last Oct.—it was some time after that we got the dissolution advertized—I had no partner in Dec.—I carry on business in the name of Fuller and Co.—there is no one but myself.
CHARLES GRINTER . I am clerk to Mr. Fuller. On 12th Dec, I took 50l. to the Old Bell, in Holborn—I gave it to Mr. Bunyer's daughter, in his presence—she wrote this memorandum by her father's desire, and handed it to me—I took it back to Mr. Fuller and gave it him, and also this other paper which I received from her.
WILLIAM BUNYER . I am the landlord of the Old Bell, Holborn. The prisoner came to my house early in Dec.—he left his address, William Davey Boaxe, if any letters came for him—on 12th Dec, two papers similar to these were handed to me by the prisoner—he said he was to receive 50l. for them—this acknowledgment at the foot of this letter was written in my presence by the prisoner—I saw Mr. Fuller afterwards,
I think it must have been four or five days afterwards—some gentlemen came together—I afterwards received 50l. from Grinter—I desired my daughter to write the memorandum, and I saw her write it—I delivered to Grinter a paper similar to this to take to his master—on the same evening I saw the prisoner, or the evening afterwards, I paid the 50l. into his hands, and he wrote the receipt on this letter (looking at it) in my presence.
Cross-examined. Q. Am I to understand that you first saw the prisoner in the early part of Dec. A. Yes; I think I might see him for a week after he first came—he did not stay at my house; he called—I cannot say that I saw him every day—I saw him three times or more—I have not the least doubt he is the man.
WILLIAM DAVEY BOAXE . I am a solicitor, and live at Liskard, in Cornwall. I at one time possessed a share in the Wheal Mary Anne Mine—I had it from the prisoner—I had disposed of that share I think two years before last Dec.—I am acquainted with the character of the prisoner's writing—this letter, dated 10th Dec., purporting to come from a Mr. Boaxe, is not my writing; I believe it is the prisoner's writing; I did not authorize him to write it in my name—it is offering the share for sale—this second letter agreeing to accept the 50l. is the same writing; it is not mine—I did not authorize the prisoner to take 50l. for a share—I was not at that time the owner of a share—this transfer bears the signature of William Davey Boaxe—it is not my writing—I did not authorize the prisoner or any one to sign it—it is an imitation of my writing—I cannot say whose it is—the body of this assignment is like the prisoner's writing—I believe this other letter, and this receipt to be the prisoner's writing.
Cross-examined. Q. Do you know the prisoner's writing well? A. Yes; I have seen him write three or four times in the course of seven or eight years—I have seen him sign his name, and write various matters—his name is not to any of these documents—I employed him to write a valuation of a share as a broker, which he called himself—I saw him write it, and I saw what he had written—I have not the slightest doubt about this being his writing—I have known him eight or nine yean in Cornwall; never out of it—he was at one time the purser of a mine; the man who receives the money and keeps accounts—I had rather not say anything respecting his character—I have had business transactions with him some time ago—I lent him 120l. four or five years ago—I think he repaid roe 35l. in money—he also transferred the share that I have spoken of as a further reduction of the debt—I had to pay a call of 23l. due on it in which he deceived me—he did not make over to me a claim he had on the Plymouth and North Cornwall Railway for 180l., nor a claim on the North Cornwall for 132l.—he gave me a power of attorney to see the parties for those sums of money—I was to repay myself, and make over an account—he owes me more money, I believe—some proceedings have been taken In those matters—if the two sums were paid the balance due to the prisoner would depend on the amount of costs—I think it was in Oct. or Nov. he gave me the power of attorney—I did not tell him on receiving it the shares should be his again, and he might do what he liked with them; nothing of the kind—I had no share in my possession at that time—I have not had any share in a mine for two years—I have not received either of these sums—I have not taken proceedings to recover them—my agent was employed in the matter—I do not think he has received anything.
CHARLES THOMAS GAYLOR (City policeman, 346.) I took the prisoner on 3rd Jan., at 18, Little Knight Rider-street, Doctors'-commons.—I told him the charge—he said be knew nothing about it, and he was not in town at the time—Mr. Dennett, another broker, who was with me, told him the time—after his committal I took him to Newgate—going along, he said, as it regarded Mr. Kitto's affair, he knew nothing about it, and previous to this transaction he had not bad a stain against his character; and that he went to one of our men to give himself up, as he could not leave the country till he had made it known to Mr. Boaxe.
Cross-examined. Q. Was any one else present? A. No; I told Mr. Fuller of this a few days ago.
(Letters read)—"10th Dec. To Mr. Fuller. Sir,—I am the holder of a share in the Mary Ann Mine, in the parish of Liskard, in Cornwall, with which I presume you are acquainted, which I am disposed to part with my interest in. I will thank you to sell 105th share for me, if possible, to-morrow; the cash being wanted immediately. Please send me word if you can conclude the affair with me. If you require a reference, I am well known to some of the brokers, indeed, I believe to most of them, from my having been purser of the Haresfoot Mine, near Liskard. I presume you will be able to get 50l. or guineas for it. W. D. BOAXE."—"Dec. 11th, 1850. Sir,—Yours duly came to hand; and, in reply, beg to state, we will give you 50l. for one share in the Wheal Mary Ann Mine, and will dispose of it according to your instruction. An answer will oblige."—"Dec. 11th, 1850. To Messrs. Fuller and Co. Gentlemen,—I regret that I was out when your letter arrived to-day. I shall not be at this place to-morrow till late in the evening, having an engagement at Dartford. I will, however, accept your offer, and leave the transfer in the hands of Mr. Burger, the landlord. You can call any time to-morrow, and receive it, on paying him the money. I hope to give you a call before I go down to Liskard."—" I hereby empower Mr. William Bunyer, of the Old Bell, to deliver to Messrs. Fuller and Co. a transfer of 105th share in the Wheal Mary Ann Mine, on receiving 50l."—"Received 50l. appertaining to this transaction. WM. DAVEY BOAXE."
MR. BOAXE re-examined. I was purser of the Haresfoot Mine—I have ceased to be so about one year.
GUILTY . Aged 29.— Transported for Seven Years.
MR. ADDISON conducted the Prosecution.
HENRY DEEM . I am mate of the Lively; she was in the Regent's Canal basin on 16th Jan. I knew the deceased, Robert Ablitt—I remember his meeting with his death—he was at that time heaving the winch—he was shot between twelve and one o'clock—I heard a report like a gun at a distance; I cannot say in what direction—I heard the ball whiz by me—I could not tell in what direction the ball came—there were five or six vessels in the dock in the same tier as the Lively—it did not come from any of the ships—I do not know which is the nearest house to the spot.
Cross-examined by MR. O'BRIEN. Q. DO you know the Horse-ferry-road? A. Yes; there were five or six vessels between the Lively and the Horseferry-road—that road runs between the London-road and the basin
—the Lively was not above the surface of the outer bask, but very low in the water, five or six feet below the surface—the deceased's right shoulder was towards the London-road—his face was towards the Thames—he was on my right side—the other vessels were higher than win, and were much larger—their masts were up—the lighten had no masts—I did not hear more than one shot.
JAKE CORRY . I live at 89, London-street, in the same house as the prisoner and his father and mother—the back of their house faces the Regent's Canal basin—there is a piece of ground between the house and the canal basin—there is a yard immediately behind the house—there is a wooden fence at the bottom of the yard—I believe there is a little bit of a shed in the space of ground at the back of our yard—beyond the ground they call it the Horse-ferry, where people pass and repast—on the other side Horse-ferry is the canal. I saw the prisoner with a gun on 16th Jan., the day the man was killed—I cannot say whether it was one o'clock, or before one—I was very busy washing—he was near the kitchen window, in the garden—there was a pitcher on a post at the palings—I came in, and heard the report of a gun afterwards—I only heard one report—I have not stated that I heard more than one—I heard him firing at sparrows once, but not frequently—I should think the post was further from where the prisoner was standing than it is from me to the wall of this Court.
Cross-examined. Q. How high is the fence round the yard? A. I cannot look over it—the post is higher than the fence—the pitcher Was upon the post.
THOMAS SQUIRE (police-sergeant, K 14). On 16th Jan., from what I beard, I went to 39, London-street; I saw the prisoner, and asked him if he had fired a gun off during that day—he said he had—I asked him where it was—he said it was in the next room, a little room joining the bed-room—I went there and found it in the comer, the barrel taken from the stock—it is a gun which has been used by the army, and has been cut down—I asked him what time he fired—he said between twenty minutes and a quarter to one o'clock—I went into the yard, and measured the distance from where he stated he stood and fired, to right opposite where the Lively was lying in the canal, aid the distance was 244 yards—you first come to his own yard, and then to an open piece of ground, and then to the Horse ferry-road—there is no building between where he stood and the Lively—I could not see the Lively from where be stood; the vessels prevented me—I could not look over the fence, the ground rises continually all the way from the canal to the house—it rises three or four feet—it slopes gradually from the yard to the canal—I heard no gun fired—the prisoner said he had put a jug on the post, and had fired at it, bat missed it.
Cross-examined. Q. Who pointed out to you the place whew the Lively was? A. It was there when I went, at the remote end of the basin—there are sheds on the right and left of the open ground, but not in the direction he fired.
COURT. Q. Did you notice the nature of the fence? A. Yes; it was a common deal fence, seven feet high by half an inch thick—it is fifty-three feet from where the prisoner stood.
tip-stairs and saw the prisoner in bed—I told him he must consider himself in my custody, on suspicion of shooting and causing the death of a man on board the Lively, in the Regent's Canal—he said, "Well, I will tell you the truth"—I said, "You need not tell me anything without you like, what you tell me I shall have to mention elsewhere"—he then said he shot twice between twelve and one o'clock—once with small shot, and once with a bullet at a broken jug on the fence at the back of the garden—he said, "There is no doubt the jug is over the fence now"—I went down, got over the fence, and there found the broken jug; also a shot-belt and powder-flask—he said that was the charge of powder he put in—he said he found the bullet at the top of London-street—I could see the Lively when I got over the fence—there was a hole about an eighth of an inch in the fence, but no hole where a ball had passed through.
RICHARD STAPP . I am a gun-maker, of Mile End-road. I have tried this gun with a bullet of the same size as this produced, with the same charge of powder that the prisoner said he used—it carried 250 yards—I fired at a piece of wood forming a target—the ball did not hit the target, but went in a bank fifteen yards beyond it—it was then quite a spent ball—the target was placed 250 yards off, as near as possible—I tried it four times—the first time I could not see the ball—the third time I fancied it fell short—I aimed right at the target, but the ball was smaller than the barrel.
Cross-examined. Q. You say four shots were fired? A. Yes; one of them fell thirty or forty yards short of the target; the other went beyond it, and of the other two I can give no account—I fired once, and then my son fired—I found the ball had disturbed the grass.
COURT. Q. Was the place where it took the ground on the same level with the target? A. Rather above it; just on the rise, perhaps a foot higher—the ball bad not become depressed, it kept its elevation.
JOSEPH LUCAS . I am one of the Regent's Canal dockmen. I know the prisoner—I have cautioned him about firing a gun—the substance of it was this, "If you don't be careful you will be doing some damage with that gun"—I said it to him several times—I have requested him to desist from firing, and he has done so for the time.
Cross-examined. Q. When you spoke about it were there children with him? A. Yes; it was in reference to any accident with the gun, having children about, that I spoke to him.
SAMUEL TAYLOR ROWE . I am a surgeon of High-street, Shadwell. I saw the deceased on 16th Jan., between one and two o'clock, in a stable adjoining the Regent's Canal Dock, he was quite dead—a wound bad penetrated the cavity of the chest—I made a post-mortem examination, and ascertained it had penetrated the heart—I found this bullet loose in the sack of the heart, the pericardium—it had not paseed through any bone, but through cartilage—I should think a spent ball would have had momentum enough to have penetrated that, provided it missed any bone.
Cross-examined. Q. Point out the place where the orifice of the wound was? A. About the fifth rib on the right side.
GUILTY of Manslaughter. Aged 17.—Recommended to mercy by the Jury.— Confined Two Months
543. SAMUEL PIZZEY , WILLIAM RANDALL , and THOMAS SIMS , unlawfully entering by night (with other persons) into certain enclosed land belonging to Thomas, Truesdale Clarke, for the purpose of taking and destroying game.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
THOMAS WILDING . I am assistant-gamekeeper to Mr. Clarke. On the night of 13th Jan., at 1 o'clock, I was watching with Stent in Park Wood, belonging to Mr. Clark, in the parish of Hillingdon—I saw four men in the wood at the far-end of it—the prisoners are three of them—they were about ten yards from us, coming up at the end of the wood—we were coming up the side—they saw us and set off to run; we ran after them—when they got out of the wood we were close to them—there was a gate at the border of the wood, Randall and Sims fell as they got over it—when I got over, I ran right in amongst them—Randall was the first nan I got to—he hallooed, "Hold hard!"and then struck me a blow on the head with the stock of a gun; he had hold of the barrel—Sims then came up, and struck me several times over the face with a small stick—while I was scuffling with them, one of the others hit me over the head with the butt of another gun—I do not know who that was—the gun broke short in two; I picked up the stock, and called out for Stent—he came up, Randall ran to him and threw him down, and Stent threw him down—the blows I received did not knock me down, but I was wounded in the head, and the ear, and forehead—Randall was struggling with Stent, and I was struggling with Sims—Stent hallooed to me, and I ran away and left Sims—I went to Stent's assistance, and when I got within about a yard or two of him, Randall and the other one whom we do not know, got up and ran away—when I got up to Stent he had got Pizzey down, we kept him—there is game on that land, which is there.
Cross-examined by MR. PAYNE. Q. When had you last seen any game there? A. That same night, pheasants and hares—the prisoners did not get nearer to us than ten yards till we caught them—the wood is 300 yards wide, or more, and 500 or 600 yards long—we had got nearly to the bottom when we first saw the prisoners—there is underwood and short fir-trees in the wood—the prisoners were coming up a cart-road about three parts down the wood—the wood is enclosed with a hedge all round.
Cross-examined by MR. HORRY. Q. What time of night was this? A. One o'clock—it was not very dark—the moon was about half an hour high—we had a little moonlight—it was not foggy—it was rather starlight—it was not occasionally rainy—we were out from about ten o'clock—we had not had rain in that time—we went to look for these man—when we were within sight of them they all ran away—I should think the struggle continued ten minutes—Stent was coming to me, but Randall turned round and met him—before I went to help Stent, Sims came up and struck me.
Pizzey. Q. Did I offer to strike you? A. No; you were not further than ten yards from me.
MR. CLARKSON. Q. Was Sims known to you? A. Yes; I had known him a dozen years or longer—when I first saw him he was about ten yards from me—they were all four together—I did not know Sims when I first saw him: I spoke to him when he got over the gate, I said, "I am not far from you now, Mr. Sims"—he made no answer—I bled very much—I had known Randall and Pizzey from childhood.
ROBERT STENT . I am Mr. Clarke's keeper. I was out watching his game near Park Wood, Hillingdon, on 12th Jan., between twelve and one o'clock, Wilding was with me—I went into Park Wood, and saw four persons—the prisoners were three of them—I have known Sims and Randall from children—Sims lived in Uxbridge—Randall used to live in a cottage close to Mr. Clarke's ground—his father was a workman for Mr. Clarke—I have known Pizzey about six months—I have seen the prisoners together several times—when I saw the four men in the wood they ran away up the ride of the wood—there is a gate at the end of the ride which leads into a field—I fell down in following the prisoners and Wilding got before me—I could not see Wilding overtake Randall, but I beard as though there were mens' heads knocking about—Wilding cried out, "Bob!" and I made the best of my way towards the spot where I heard the cry—as soon as I got into the field I saw four men with Wilding—I was going on, and Randall left Wilding and met me—I said, "I know you Mr. Randall"—he ran up to me, and got hold of me, trying to stop my getting to Wilding—Pizzey then came up with a gun-stock in his hand—be struck me, but I was too near to him, and his arm fell on my left shoulder—we scuffled and both went down—I struck him with a short stick I had—I cannot tell what became of Randall—I had thrown him down—when Pizzey was down, and I was on him, two others came up and struck me three blows on the back with some weapon—I called out Tom, and went to look up to see who was hitting me, and as I turned my head I received a blow on my eye with what I believe was a gun-stock—then Wilding came up—we took Pizzey: and Sims Randall and the other man ran away—we gave Pizzey into custody—I had an opportunity of seeing Sims distinctly; be stood staring as if making up his mind whether be should come up and attack us again or not—Wilding had one stock in his hand, and he looked about and found another—these are them—I gave information to the officer.
Cross-examined by MR. HORRY. Q. You ran after the men, and Wilding got before you? A. Yes; twenty yards—I heard him cry out, that made me run towards him—I received the blows three or four minutes afterwards—when I got to Wilding be was struggling with one who I believe was Sims—I saw Pizzey so as to see that he struck me—I had hold of him when I was struck on the eye—it took five or six minutes altogether.
Cross-examined by MR. PAYNE. Q. How many persons were outside the wood? A. Five beside myself.
Pizzey. I had not a piece of wood to strike anybody with.
GEORGE GIBSON LYNN (policeman, T 197). At a quarter-past one o'clock in the morning, on 13th Jan., I was on duty at Ickenham—I met Wilding and Stent with Pizzey in their custody—I took him—Wilding and Stent were very bloody—they gave me information, and I went to Randall's lodging at Ux bridge, which is about two miles and a half from Mr. Clarke's wood—I gained admittance—Randall came down-stairs, and I took him—I told him I took him for an assault—he said, "very well; he would go"—going along, he said, "When I get over this," or "out of this, I will never get into another job like this"—he said he would leave Uxbridge, and it was a bad job he ever came to Uxbridge.
WILLIAM BEXCHEY (policeman, T 182). I went with Lynn about four o'clock in the morning of 13th Jan. to apprehend Randall. About five that morning I went to Sims, who lodges with his father, a labouring man, at Uxbridge—I knocked at the door—I saw Sims when he got up—I told him I wanted him on a charge of assaulting the keepers—he said he knew nothing about it—I took him to the station, and on the road there he said if he had been there be should not have been fool enough to have said so.
Cross-examined by MR. HORRY. Q. Did you go to his bed-room? A. No: I waited, till he got up—he came to the window, and when he came down I told him what I wanted him for—there were witnesses before the Magistrate to prove that Sims was in the house all night.
Pizzey. I never struck either of the keepers, nor had anything in my hand. Witnesses for the Defence.
ANN SMITH . My husband is a gardener—I act as a nurse—I was nursing the wife of John Walker, at Uxbridge—Sims lives there. On the morning be was taken I was there—I remember Sims coming in the evening before, at half-past nine o'clock—I knew the time; we bad a clock—he went up to bed at a quarter before ten—be did not come out of the house again; he could not, without my seeing or bearing him—I did not sleep at all—I was in the bottom room—he must have come through that room to have gone outside the house—he went up-stairs, and did not come down again till the officer came for him—I was before the Magistrate.
Cross-examined by MR. CLARKSON. Q. How many rooms are in this house? A. Three up-stairs and one down—I am a monthly nurse—Sims' sister is Walker's wife—Walker was one of the witnesses before the Magistrate, and Sims' father also; he is not here—Sims usually slept with his father, and during the confinement Walker slept in the same room in which Sims and his father did—it was the top room—the house is two stories high—the room I sat up in all night was down-stairs—Mrs. Walker was in a room on the first-floor—there is another room on the first-floor, in which Patterson, a gardener, lives; he was at home that night—I paid my expenses of coming here to-day—I came on the coach by myself, before Walker did—there is a window in Walker and Sims' bedroom—Sims took his supper in the kitchen on the ground-floor—I was not in the kitchen when be took it; I was in the first-floor—I know he took it, because he came into the room where I was with his topper in his hand.
COURT. Q. What room were you sitting in? A. The front room, down-stairs; Mrs. Walker was on the first-floor up-stairs—to get from the ground-floor to the first-floor you go up-stairs, and you get from the first-floor to the second-floor by going up-stairs—the second-floor is the room where Sims and Walker slept, at the top of the house—I sat up as nurse with Mrs. Walker—the bedroom door was not shut all night—it was on Sunday night, 12th Jan., that Sims came home—there was a fireplace down-stairs, not in Mrs. Walker's room—she had been confined one week—the room I was sitting in was very small—I was sitting in the chair; I did not lie down at all; I was obliged to be up with the child; it was bringing up by hand; Mrs. Walker is a delicate woman, and has bad breasts—I thought it was best for her, to leave the door open; it is a very small room, and it was hot—after Sims had had his supper he went up-stairs: I was down-stairs—I staid a couple of hours before I went
up-stairs again—I then went up into Mrs. Walker's room—I left the door open while I came down-stairs—I went up and came down the second time—I do not know how long I staid then—I went up backwards and forwards a great many times; perhaps the second time I stopped an hour—there is a back-door to the house—I left the room door down-stairs open also; that is where the fireplace was—I saw nothing more of Sims till the policeman took him, between five and six—I did not see him till eight in the morning; that was at the station—the outer door opens into the room where the fire was—there is another door that opens from the kitchen into the garden—there is no other room on that floor but the kitchen; there is no passage—I fastened the doors that night, both back and front; I cannot say what time it was before nine; then I went up to Mrs. Walker's room—I cannot say what time I went up for the last time that night—I believe I saw Sims' father last Tuesday; he was here—I live in Uxbridge—no one took me before the Magistrate; I took myself—his father came after me, before eleven o'clock; I was then at Mrs. Walker's—I cannot tell how high the top room is from the ground—it is not a very large house; the rooms are not very large—I never saw a ladder in the house; I never looked in the back part—I am no relation to either of the prisoners—there is no room below the kitchen—there are two rooms on the ground-floor; the back room is the kitchen—you cannot get from the front room to the stairs without going into the kitchen—I did not say so before—I did not understand it—there are two rooms on the first-floor, one back and one front—Mrs. Walker occupied the back room, and Mr. Patterson the front; he has a wife—there is only one attic on the second-floor—I did not see Sims go out when I was in the kitchen or in Mrs. Walker's room—Sims' father is a labouring man; he works for Mr. Grainger, who keeps a shop in Uxbridge, and sells iron-work and rails—I do net know the other two prisoners; I do not know that I ever saw them before Monday—I had been nursing Mrs. Walker a week: I do not know that I had seen Randall or Pizzey in that time—I think on the Saturday night Sims was at home with his father—I do not look after him—I do not know that he was out the night before; I cannot say—I have not received money for coming here, or going before the Magistrate—I was not examined by any person on this matter to know what I had to say—I was never questioned by any gentleman before I made the statement that I have been examined from to-day—Sims could not have gone down-stairs without my seeing him—I never said so before to-day.
MR. HORRY. Q. You went before the Magistrate the next morning? A. Yes; I had not heard before that, what Sims was taken for; I knew he was taken—his father came and fetched me to go before the Magistrate—I made the statement which I have to-day—no one examined me before I went, and no one since—the stairs are in the kitchen—the room opens into the street—there is no passage—I was up and down all night—I did not sleep at all—from the position I was in, no one could have unbolted the doors and gone out without my knowing it; neither back nor front—I am certain neither of those doors was left open.
JOHN WALKER . I am a sawyer, and live at Uxbridge; I occupy the house; Sims and his father occupy the garret. I recollect the night before Sims was taken—he came home that evening at half-past nine, and went
to bed a quarter before ten—I slept in the same room—I saw him get into bed—I was in bed at the time—as far as I am aware, he did not come out of that room again—I recollect the policeman coming to fetch him in the morning; I saw him get out of bed then.
Cross-examined. Q. What is he? A. A labouring chap; he was working for nobody at all at that time as I know of—he has never been in constant work—I cannot say when he had a job—he sat up to watch some meat for David Neal, sometimes one night in a week, and sometimes two nights—he came to bed at a quarter before ten o'clock; I am sure it was before ten—I have a watch, and I looked at it when I went up, about half-past nine—I had been in bed about two minutes when he came—it did not take me a quarter of an hour to undress and go to bed—I had to say my prayers first—Sims' father was in bed with him; I cannot say whether he was awake, he is not here—I did not sleep all that night; the child crying awoke me—it did not cry all night—I cannot tell what time I was awoke by it—I did not strike a light—it was dark—my bed is a few yards from Sims'—the room my wife was in with the nurse is a little back-room—Patterson went to bed between nine and ten—the door of the room where my wife was, fastens with a lock—I did not notice what sort of weather it was—my bed is on the ground, about one yard from the door, opposite the door—the door fastens inside, there is no lock on it—I went from the room where my wife was that night—I shut the door after me—I did not hear the door open or shut when the nurse went in or out—Sims has a brother, about ten years old, who slept with him—he is not here.
MR. HORRY. Q. Have you paid your own expenses to come up? A. Yes; it has cost me about 4s. a day—I made the same statement before the Magistrate that I have to-day—Sims' father came up on Monday, and stopped all Tuesday; he could not stop longer—he has regular employ—the room in which my wife was confined is rather close—there is a window in it, about forty feet from the ground.
PIZZEY— GUILTY .* Aged 28.
RANDALL— GUILTY .* Aged 21.
SIMS— GUILTY .* Aged 21.
Transported for Seven Years.
NEW COURT.—Saturday, February 8th, 1851.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. RECORDER; and Mr. COMMON SERJEANT.
Before Mr. Recorder and the Sixth Jury.
544. CHARLES WILLIAM POUND , stealing 1 cash-box, value 10s.; 3 sovereigns, 15 shillings, and I 5l. bank-note; the property of Defendente Ortelli and another, in their dwelling-house; to which he pleaded
GUILTY .— Confined Twelve Months.
JASPER WILLIAM SWILE . I live in Edmund-street, Battle-bridge, and am a labourer. On Monday morning, 13th Jan., at half-past one o'clock, I was in Edmund-street, going home—I had been at one of my daughters',
at Bethnal-green—I met the prisoner and another man—the prisoner struck with his right hand at my head—I put my head on one side—he struck me on the side of the head—the other man said, "Throttle him"—the prisoner thrust his hand into my right-hand pocket, and dragged part of the pocket away, with three shillings, which I had there—I had 2d. in my left-hand pocket, which was all the money I had—I called out, "Police!"and the policeman came, and the prisoner and the other man ran across the road, behind the houses in Edmund-street, where there is a kind of court, it is a thoroughfare—they ran towards the hospital boarding, near the railway-station—I am positive the prisoner is the man—there was a lamp there then, which has since been removed—I was standing I dare say half a minute looking the prisoner full in the face—I saw him again on Wednesday morning, the 15th—the policeman brought him—they asked if he was one of the men—I said, "Yes"—I have not the least doubt about it.
Prisoner. He said it was on Sunday night; he said he had been to see his brother; the policeman knows he was intoxicated; there was no lamp there; all he swears to me by is my flannel jacket. Witness. No; I swear to him, not to his jacket—there was a lamp there, but the houses were pulled down this day week—I was quite sober.
WILLIAM EDGILL (policeman S 130). On Monday morning, 13th Jan., I was on duty in Edmund-street, about half-past one o'clock—I heard a cry of "Police!"—I came up, and found Swile—he made a complaint to me, and described a person—one or two minutes previous to the call of "Police!"the prisoner and another man had passed by me, about thirty or forty yards from where Swile was, going towards him—I had known the prisoner for four years—I am positive it was him—I generally saw him about that quarter, but did not know where he lived—I was with another officer on Wednesday morning, the 15th, and found him in Haddon-place, which goes down from Edmund-street—he was taken into custody—Swile had the smell of beer about him, but he seemed to know what he was about; he was quite rational.
WILLIAM LUCKING (policeman S 127). I took the prisoner in Haddon-place, about one o'clock, on the Wednesday morning—I told him what he was charged with—he went with me to Swile's house—I showed him to Swile.
GUILTY .** Aged 22.— Transported for Ten Years.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
WILLIAM HERITAGE . I am managing clerk to Mr. M'Fane, an attorney. I was present at the trial of George and Edith Hopwood, in the adjoining Court, on 10th Jan.; they were acquitted—I produce a copy of the record; I have compared it with the original in Mr. Clark's office; it is a true copy (read).
the Old Court at the trial of George and Edith Hopwood, on a charge of cutting and wounding Jane Parnell, with intent to murder, and took down the evidence—(This being read as set out in page 381, was to the effect, that Jane Parnell was assaulted in Ramsay-street, on 2nd Dec, between six and seven o' clock in the evening, by a man and woman with masks on, that the woman drew an instrument across her throat, and that Mrs. Hopwood was the woman.)
GEORGE HOPWOOD . I am a backgammon-board maker. On 2nd Dec. I lived at 34, Ann's-place, Hackney-road; I now live at 45, Baltic-street, St. Luke's—about two months before Christmas, 1849, I lived in West-street, North, Mile-end, and employed the prisoner there about six months—an intimacy took place between me and her after I and my wife had agreed to part, and we cohabited together about five months—she said she was married to a sailor, Parnell, I knew of his coming home; he came to my place—I had bought her furniture of her, as she wanted money—he claimed it, and gave me in charge for stealing it—I was locked up for it—I gave the things up—she had given me a receipt for the money—about six weeks or two months after that I ceased to cohabit with her, because I saw that I was being robbed, and my things were being destroyed, and I took my wife home, and have lived with her ever since—after that the prisoner came to my house to annoy me; I caught her once breaking the windows, and sticking a bill up on the door—I gave her in charge, but the policeman would not take her because he did not see her—there were a good many disputes between us and assaults—I went before the Magistrate, and was bound over to keep the peace—my house is about a mile and a half from the prisoners—she chargd my wife before the Magistrate—the insulted her three or four times, and had been up to Worship-street before I went up for the warrant against her for breaking the windows and sticking the bill up—they-said there was not evidence enough to grant me one—I went before the Magistrate on the warrant she got against my wife—she was bound over to keep the peace towards my wife, and my wife was bound over also; that was on the Saturday before this took place on the Monday, and I heard no more of her till Monday evening, 2nd Dec.—on that day I was in my back-shop at work from five o'clock in the morning, till the policeman came at night, about half-past eight—my wife was in the shop with me, we were both working together; Frederick Field, Edward Hopwood, and John Kneller, the errand-boy, were there—Mrs. Field was in the house, she has to answer the front door, and lives up-stairs—she saw me from time to time that day coming in and out of the yard—the shop is in the yard—there is no way of going out except through the door that Mrs. Field has the care of—she cannot say for those who go out, but she must open the door for anybody to come in; it opens into a passage—the policeman took my wife into custody, but not me; I followed to the station—the inspector told me to go out; I said I would not for I was there to see my wife righted—he said, then I might stop—I had been there about a quarter of an hour, and then he said, "You are my prisoner," and took me into custody—my wife was not out that day'except when she went out to get a pound of candles before it got dark, at ten or five minutes to four—she was away only six or eight minutes—I was not with her in Ramsay-street at any time that evening—I was never outside my door.
Cross-examined by MR. RIBTON. Q. When were you married? A. I
have been married about four years—I lived with my wife about three years before I lived with the prisoner—I did not know for certain when I went to live with her that she was married, I had heard it—my wife was then away from me, living in Lower White Cross-street, upon 8s. a week, which I allowed her—the prisoner was working with me about five months before I commenced cohabiting with her—she used to come at eight in the morning, and left at eight or nine at night—she and my wife were not in the habit of quarrelling, till the prisoner came and drove my wife against the railings, and used disrespectful words to her, and then my wife struck her, and she got a warrant.
EDITH HOPWOOD . I am the wife of the last witness. I was taken on 2nd Dec., between eight and nine in the evening, on a charge of assaulting Mrs. Parnell—the policeman found me at home; we had been at work—I had been out at a few minutes to four o'clock that afternoon for a pound of candles, at Goldsmith-row, ten or twenty doors off—I was away about eight minutes; with that exception, I was not out of the house, or absent from my husband, from the first thing in the morning till I was taken into custody—the errand-boy went out about three o'clock to the City; be returned about six, or it might be a little before.
Cross-examined. Q. When did you know the prisoner first? A. She was never any acquaintance of mine—a man that works with us first brought her, and she always professed to be a friend to me, and said what a bad husband I had—she used to come to work in the morning—she had her meals there, and sometimes she would go away at night with a young man named Anderson, who she said was her brother, but it was a man she cohabited with—I did not know for two months that she was living with my husband—he had turned me out of doors, and my two children for the sake of this woman—he assigned no reason for turning me out—I found them living together at Brown's-place, Hoxton, about two months afterwards—I had no altercation with the prisoner while she was at my house—she was quite a stranger—I never associated with her, and had not the slightest idea of it—I bad no quarrel with her after I found they were living together; I never saw her except down at Worship-street—she came down to my house and insulted me several times—she ran away, and the policeman brought her back, but I had no quarrel with her—I did strike her when she pushed me against the palings, and used several words to me—I did not strike her on more than one occasion, nor have I had any angry words with her except then, down to the time she was given into custody—my husband knew that I went out that afternoon, I went out for candles, because it was getting rather dark—we had our tea about five o'clock, or a little before—when the errand-boy came back from the City, about six, we were sitting at tea in the shop—we have our dinner in the shop to save time.
MR. RYLAND. Q. When you went out for the candles, did you go into Ramsay-street? A. No; I was not there at all that day—I did not draw any instrument across the prisoner's throat that day in Ramsay-street—I never struck or assaulted her, but the time I have told you of.
MR. RIBTON. Q. Who were you living with when you were away from your husband? A. No one—I took a room, and my husband gave me a few things—I had a maintenance—I lived there as Mrs. Hopwood—the parties there knew I was separated from my husband—no man visited me there—four married persons with families lived in the house.
COURT. Q. Where were your children on this day? A. I hare buried one since I have been away from my husband—I had one in the shop that day—he lay on some leather and a shawl in the shop, till the policeman took me.
FREDERICK FIELD . I am in the employ of George Hopwood. On 2nd Dec. I was working with him at 24, Ann's-place, Hackney-road, in the workshop—I live in the house—I commenced work at seven o'clock in the morning, and worked till between eight and nine in the evening when the policeman came—Mr. and Mrs. Hopwood, Mr. Hopwood's brother, and the lad John Kneller were at work with me—the child was in the shop part of the day—Mr. Hopwood did not leave the shop all day, but about four or a few minutes to four his wife did—she staid away about seven or eight minutes, with that exception she had not been out the whole day till the policeman came—she went to get some candles because there were none in the house—we were busy that day; we had got a shipping order—I never left the shop except when I went up to my meals—the errand-boy went out between two and three, and came back as near as possible between five and six, with that exception he was there the whole day.
Cross-examined. Q. What age is he? A. About sixteen—I went up-stairs to my dinner about twelve o'clock—Mr. and Mrs. Hopwood dined in the shop—I was at dinner about an hour—I was up-stairs at torn about half an hour—I saw Mrs. Hopwood in the shop the moment I came down—I remember the day by the policeman coming.
SARAH FIELD . I am the wife of the last witness, and live in Mr. Hopwood's house—I had a room up-stairs in front of the house—I was there all day on 2nd Dec., except about twenty minutes or half an hour in the morning part, somewhere about one o'clock—I work up-stairs—I occasionally go into the shop down-stairs, and also attend to the door—I saw Mr. and Mrs. Hopwood continually that day—Mr. Hopwood was not out all day long, Mrs. Hopwood went out for a few minutes just before four in the afternoon—I let her in again—if he had gone out I must have let him in—I have been out sometimes twenty minutes when I have forgotten to take the key—I afterwards let in the policeman.
Cross-examined. Q. How do you recollect that she returned at five minutes past four? A. Because a few minutes before that I went down to call my husband up to his tea—I have a clock in my room, and there is one in the workshop—I looked at my clock before I went down—I stated last Session for the first time that Mrs. Hopwood returned at ten minutes past four—from four till the policeman came I was up-stairs in my room at work—I did not go down unless occasionally a knock came to the door—the front door is always kept shut—there is but one key allowed to it, and that I had because the landlord's boy used to let them in when they went out—I am confident she had not got a key of the street-door—I saw her in the workshop from four till the policeman came.
EDWARD HOPWOOD . I am the brother of George Hopwood. In Dec. last I boarded and lodged with him, and worked for him—on 2nd Dec., the day Mrs. Hopwood was taken, I was at borne at work all day—I did not go outside the door—I took my meals in the shop—ray brother did not go out at all that day—Mrs. Hopwood went out about four o'olock for a pound of candles—she was gone about eight or ten minutes, as near
as I can recollect—that was the only time she was out that day—I was at work in the shop when the policeman came, about eight or half-past—he said, "I want you for cutting a woman's throat;" I did not hear him say where—her husband was there.
Cross-examined. Q. How long had you been working there? A. About three months before that; I always have my meals in the shop—I remain in it every day, the same as I did on 2nd Dec.—I go out when I want, only J happened to be in the shop all that day—there were a great many other days that I was just as attentive to business—it frequently happens that Mr. and Mrs. Hopwood are in the shop all day—Mr. Hopwood always works in the shop, and Mrs. Hopwood too, except when she gets the meals ready.
JOHN KNELLER . I am errand-boy to George Hopwood. On 2nd Dec, the day Mrs. Hopwood was taken up, I was at home in the morning, and I went to the City between two and three o'clock, and returned between five and six—I looked at the clock when I came in—while I was at home Mr. and Mrs. Hopwood were both at home at work in the back shop—Mr. and Mrs. Field, and Mr. Hop wood's brother, were there.
Cross-examined. Q. When did you first say it was between two and three o'clock when you went to the City? A. I told Mr. Hopwood the time just before I went out, because he told me to make haste back—there was a clock there—he asked me what was the time, and I told him; I am sure of that—I stated that when I was examined last Session—I looked at the clock when I came home; I always do so—Mr. Hopwood asked me the time, and I told him—he was at work—I am in the habit of working in the shop with Mr. and Mrs. Hopwood—it is quite common for them to work there all day—they frequently have their meals there several days in the week—I have lived with them nearly six months—during that time I have seen them working together for several days, and Mr. Hopwood never leaving the shop, except for a short time.
MARY ANN DORMER . I and my husband occupy the house 18, Ramsay-street; Mrs. Dearn is a lodger of ours; she occupies the front parlour. On 2nd Dec. I was in my room up-stairs—some one called me, and I went down—the street-door was open—I looked out, but saw no one—I locked the door, and was going up-stairs again, but heard Mrs. Dearn unlock her door—I stopped—she opened it, and asked me to come in—I hesitated, knowing that a woman frequently came there in liquor—she said, "Do come in; it is not the woman you think it is"—I went in, and saw the prisoner lying on the floor, leaning her head against a bed-stead—Mrs. Dearn said some one had cut her throat—she appeared insensible—I asked her who did it—Mrs. Dearn said, "Mrs. Parnell can say"—she said, "I struggled hard"—Mrs. Dearn asked me if I would stop while she went and fetched some one—I said, "Yes"—I looked at her throat, and saw three or four scratches, and a little blood smeared over them—I asked her to tell me who did it, but she made no answer—she appeared quite insensible—just after that, two men came into the room, and Mrs. Parnell fell from the bedstead, where she was leaning, under the table, and said, "George Hopwood, I never did you any harm"—George Hopwood was not one of the men that came in—it was mentioned in her hearing that a policeman was coming—she appeared insensible, but I do not think she was, because she kept speaking between
whiles—I was just outside the door, in the passage, and heard her say she wanted to speak to the policeman—a policeman came, and went in—I heard her telling him where Mr. and Mrs. Hopwood lived, but did not notice the direction, as it did not concern me—it was in Ann's-place, I know—I saw the policeman taking it down.
Cross-examined. Q. Were you alarmed when you went into the room? A. I felt rather alarmed; I examined her throat, because Mrs. Dearn told me it was cut—I do not know how long Mrs. Dearn had been in the Toom—I saw no blood about the prisoner till I lifted up her chin, and looked at her throat—I had never seen Mr. and Mrs. Hopwood before they were let out on bail—I gave evidence for them last Session—I did not count the scratches on Mrs. Parnell's throat, but there must have been four or five—the blood that was smeared over them had come from them, but there was no blood running at the time—she remained at the house till the next night, lying on the bed, with her clothes on—I do not know whether any one sat up with her; I did not—I heard no screams in the street that night, or any noise.
HENRY STUBBS . I am a velvet-weaver, at 25, Sale-street, Bethnal-green, adjoining Ramsay-street—I produce an instrument called a trebat, used in weaving velvet—it cuts the wire out which we work upon—it hat got a groove in it—it has to be regulated to a great nicety.
BENJAMIN VALE . I am a surgeon. I examined the prisoner's throat on 2nd Dec., and found three parallel incisions on it, as near as possible equidistant—they were slight, skin deep—there was a redness of the skin on the anterior portion of the front of the throat like a band, by pressure on the part; it was not blood—I consider it was done by a guarded instrument—I suggested it might be a scarificator, something like a cupping instrument—(here had been an instrument equally as sharp as this used; it could not have been made with the hand—it might decidedly have been caused by this trebat, but then it must have been passed across the throat three times, which would account for the redness—one bad gone a little over the other—it appeared to me to be done with a fork, it was an incised wound.
ME. LOCKE . Q. They were three parallel lines; could they have been occasioned by a person who was-struggling with the prisoner at the time? A. It might have been, but I think it would not have been so parallel if there had been much struggling—the whole of that neighbourhood is surrounded with weavers—I found the prisoner on the bed, unable to speak; the front part of her dress was covered with blood—I took no means of ascertaining whether her insensibility was feigned or not, because I thought it was real—I dressed the wound with strapping—I saw her again at nine o'clock, and again next morning—she was then removed to her lodging in Underwood-street, and was better, but was still in bed—I attended her occasionally until last sessions, first for about five or six days running, and then only every other day.
Cross-examined. Q. Would the appearance of her neck be an adequate cause for her insensibility? A. Yes; from the wounds being inflicted, and from the excitement—I found a small red coral necklace on her neck—blood might have been on it without my noticing it—the wounds were sufficient to warrant my visiting her again that evening at nine o'clock, or
I should not have gone—she was not insensible then, because she spoke to me—she was not entirely recovered.
COURT. Q. Do you mean she had not entirely recovered her senses? A. She had her senses, but being in a debilitated state from previous excitement, she required some time to think before she answered a question—I considered she was in such a weak state as to require stimulants—there was a great deal of hysteria about her—alarm will cause that—I called next morning at ten o'clock, or half-past; I made it my first visit—I found her in bed, and re-dressed the wound; she was very hot and feverish, with a very excited and rapid pulse—she appeared to be in a weak state, and I thought it would be unsafe for her to attend at the police-court, and gave a certificate to that effect—she was removed to Underwood-street that morning, and I visited her there next day—the wounds took about a week to heal—hysteria would account for a person speaking a few words while she was insensible, but she would not be able to carry on a conversation—she would be likely to make a pertinent remark in the midst of hysteria—hysteria can be assumed, and frequently is, but I was called suddenly in, and my impression was, that she was insensible from real causes—I saw no symptoms but what might result from weakness and excitement—I do not think she could have inflicted the wound herself, unless she was left-handed; but in a struggle it is difficult to say—in my judgment it was done from the right to the left.
GUILTY . Aged 26.— Transported for Seven Years.
MESSRS. RYLAND, LOCKE and METCALFE conducted the Prosecution.
JAMES DROVER BARNETT . I am a shorthand writer. I was present in the Old Court on 10th Jan., at the trial of George and Edith Hopwood for assault, with intent to murder—a person named Henry Ogan was examined as a witness—I took notes of his evidence—(reading, see page 383.)
GEORGE HOPWOOD . I live at 34, Ann's-place, Hackney-road. On 2nd Dec. I was not outside my door the whole day, nor was my wife except just before four o'clock, when she ran out for a candle—she remained at home till the policeman came, about half-past eight in the evening—Frederick Field, Edward Hart, and the errand-boy were with us—I and my wife did not go down Ramsay-street between six and seven that evening—we were not outside the door.
Prisoner. It was by the turning by the undertaker's where I first saw them. Witness. We were not there.
EDITH HOPWOOD . On 2nd Dec. I was at home all day except for eight or ten minutes in the afternoon, when I went out for an errand, about four, or ten minutes to four o'clock—I did not walk down Ramsay-street, or anywhere near it that day.
FREDERICK FIELD . I was working for and living with Mr. Hopwood in Dec.—I recollect the day Mrs. Hopwood was taken up—she went out that day for a few minutes about four o'clock, excepting which they were
both at home the whole day, till the policeman came—I was Working there.
——STEELE. I live at 34, Ann's-place; it was my duty to mind the door. On 2nd Dec. Mr. and Mrs. Hopwood were at home the Whole day—Mrs. Hopwood went out just before four o'clock—she returned about five minutes past, and did not go out again till the policeman came.
EDWARD HOPWOOD . I am a brother of George Hopwood. I was at his house all day on 2nd Dec.—he was not absent the whole day—his wife went out for a pound of candles about four o'clock, and was I gone about five minutes—she did not go out again till the policeman came.
JOHN KNELLER . I lived at Mr. Hopwood's as errand-boy. On 2nd Dec. I was at home the greater part of the day—Mr. and Mrs. Hopwood were at work in the shop—I went out between two and three o'clock, leaving them in the shop—I came back between five and six, and found them there—neither of them went out till the policeman came.
WILLIAM PEDRICK . I am a chimney-sweep, of Granby-row, White-street, Bethnal-green. I have lived there going on for two years—on 2nd Dec. I was at the corner of White-street talking to a corn-chandler's man named Kitchen—the prisoner came up about six o'clock, and we all three stood there talking about twenty minutes or half-an-hour—the prisoner Went away a little way—I lost sight of him hardly an instant—he went towards the Church on the green—that is in a Contrary direction to Ramsay-street—he came back directly, and said, "Here is a case on"—I said, "Where"—he said, "Here, here are two policemen fetched"—no policemen had passed at that time, not till after he told us, and then one came from towards Bethnal-green, and the other from Church-street way—We all three followed the policemen down to Ramsay-street—that is a Very short distance—when we got there we heard that a woman had her throat cut—We could not see or hear any One that had done it—Kitchen said to me, "Are you coming home?"—I said, "Yes; it is no use stopping here, we can't hear or see anything"—he said he must go, in case he should be wanted—he went up to the Cornwallis and was telling two or three people there sitting at their stalls what had happened, and the prisoner and the policeman came up again—I asked the prisoner where he was going—he said, "To Ann's-place, Hackney-road"—I said, "What for"—he said, "To see if we can get the people"—he went away with the policeman—they brought Mrs. Hopwood into the Cornwallis, and gave her something to drink, and then we followed tar into Ramsay-street again, and the prisoner went and listened at the window—I said, "Why don't you come here; you can't hear anything more than we do, and you don't know anything' more than we do"—he said, "Yes; I do"—I said, "How do you know more about it than met you were standing at the top of White-street when the policeman was fetched"—he said, "Well; I tell you, I get my living gonnofing"—as far as I can learn, that means thieving—that he was following an old bloke up Abbey-street to nail him of his handkerchief, and he saw the two people (the Hopwoods) at the corner of Abbey-street, that he thought were tankin for him, and crabbed him of his job—I asked him if that was the same lady that came along with the policeman—he said, "Yes"—I said, "You must be a pretty sort of a fellow to try to put yourself into a mess like that"—he said, "They would not take my evidence if I were to go up against them, for I have been convicted so many times that they all know
me"—I took particular notice of the time when the prisoner went away—we bad not been there a quarter of an hour when the prisoner came up; it was then six o'clock; I know that, because when I looked at the clock at the Cornwall it was twenty minutes past—it was about a quarter past six when he left—we had been some time talking together.
Prisoner. I was talking to Kitchen, but never spoke two words to you. Witness. We were all three talking together for twenty minutes; I had known you before, standing at the stalls.
WILLIAM KITCHEN . I am in the employ of Mr. Moorcroft, a corn-chandler, who lives at the corner of White-street I was standing opposite the Cornwallis, which is near there, on 2nd Dec, talking to Pedrick; we began to talk about six o'clock—the prisoner came up about ten minutes or a quarter-past, and began to talk to us—I knew him before—we talked nearly half an hour; the conversation was with Pedrick, as well as me—the prisoner said, "Good night," took four or five steps, then turned, and said, "Here is a case"—I said, "Where?"he said, "There is something up; can't you see that policeman, he can't do it by himself"—we all went to see what was the matter—one policeman joined the other, and then they went down White-street—the prisoner went on first—he asked me if I knew Ramsay-street; I said, "No"—I asked Pedrick if he knew it, he said he knew nothing about such a street—nothing had occurred which made it necessary for him to ask where it was—we followed the policemen, and heard there was something wrong—the prisoner said, "It is in Ramsay-street; I have been and asked"—I followed the policemen into Ramsay-street—the prisoner went and, listened at the window where they said the woman had had her throat cut—Pedrick said he ought to know better—he came forward and said, "There is a woman has got her throat cut by some man and woman with a mask on"—we said we knew all about it, for we had heard people talk about it, (we bad heard some children say so)—I and Pedrick left, and went to the Cornwallis—I went to my shop, and after I had been there a bit, I saw the policemen come up with Hogan—the policemen went into the Cornwallis, and fetched a glass of liquid out, and gave it to the female prisoner, who drank it—he took the glass back, and we all went down to the corner to see what was the matter, and when we got there Hogan said he knew all about it—I am sure he did not, any more than I did—he said, "That is the female prisoner, and I could have had the man taken if I had bad a mind"—we went as far as the Cornwallis, and I said to him, "How can you know more than we do?"—he said he was going down Abbey-street, following an old bloke, to pick his pocket of a handkerchief—Pedrick said, "You ought to be ashamed to go up and say you know all about it"—he said "They won't take my word, I have been convicted scores of times"—he then left us, and said, "I am going now to look after my living"—I am sure he could not have been in Ramsay-street from the time I saw him till the policemen came—he did not take above four or five steps, and they were in quite the reverse way—he could not see down Ramsay-street—I know the time, because I had had to carry some coals out about half-past five.
Prisoner. Q. Was not I coming in a direction from Ramsay-street, when I first spoke to you? A. No; you came past my shop, from Shore-ditch, quite the other direction.
Prisoner's Defence. One witness says it was a quarter to six when I came up, and the other ten minutes past; it is quite false about my saying I was going to pick an old bloke's pocket; if I got my living so, I should not have told them, to get myself into danger; I should be thankful to be examined by any policeman, or at any prison, to see if I was ever in custody. (The prisoner received a good character.)
GUILTY . Aged 18.— Confined Eighteen Months.
THIRD COURT.—Saturday, February 8th, 1851.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. CHALLIS; Mr. Ald. LAWRENCE; Mr. COMMON SERJEANT; and RUSSELL GURNET, Esq.
Before Mr. Common Serjeant and the Fourth Jury.
GUILTY . Aged 54.—Received a good character,— Confined One Month
GUILTY .— Confined Three Months.
GUILTY . (Sheehan received a good character.)—Both Confined Four Months
SUSAN MUMBY . I am the wife of Thomas Frederick Mumby, a dairyman. The prisoner was in our service, and had to go out with milk, and to receive money, which she ought to pay over to me the same day—she has not accounted to me for, or paid me 3s. 6d. received from, Mr. Sewell, on 5th Jan.—she had a book—she always said Mr. Sewell bad never paid her—I think the last time she told me so was two or three weeks before she left, which was on 18th Jan.—Mr. Sewell's bill was down in her book, Jan. 13th, 7s. 9 1/2 d.—that book is kept at home, and I make the entries in it from what she tells me—she could not get at it—Mr. Sewell had a bill every week, and the last one was 6s. 7 1/2 d.—she never accounted to me for any money from Mr. Sewell while she was with us—she came on 3rd Dec.
Cross-examined by Mr. HORRY. Q. How many customers have you? A. Nearly 200—they are supplied by my husband, a boy, and the prisoner—my husband does not account to me, he has a book of his own—the boy accounts to him, and the prisoner to me—she has said she has paid me all the money she has received—I did not give her into custody till a week after she left.
ELIZABETH EVEREST . I am in the service of Mr. Sewell, surgeon, of Hatton-garden, The prisoner served us with milk—on 5th Jan. she delivered this bill (produced) of 2s. 4d., and said 1s. 2d. was owing on
the previous week, and I paid her 3s. 6d.—the following week I paid her 2d. every day.
Cross-examined. Q. You occasionally had little differences with her about the accounts? A. Yes; we trusted to our memory—I saw her sign this bill.
Cross-examined. Q. Does she not speak with a very strong Irish accent? A. I understood her very well—I am quite certain she did not say she should be sorry to use her master's money.
(The prisoner received a good character).
GUILTY . Aged 22.—Recommended to mercy by the Jury.— Confined Three Months
552. WILLIAM ROBERTS , and JOHN KERWIN WHITE, stealing 2 bags, value 2d.; 37 sovereigns, 26 half-sovereigns, 24 half-crowns, 100 shillings, and 80 sixpences; the property of Mary Ann Foxall, the mistress of Roberts.
MR. GRIFFITHS conducted the Prosecution.
MART ANN FOXALL . I keep the Sun and Punch Bowl, Holborn, next door to the baths; it is my dwelling-house, and in St. Giles's parish—at the back-part of the bar there are three doors on a line, adjoining each other; one goes to the staircase, one to the bar-parlour, and one to a passage which leads to the yard, which is very small—a portion of the back-parlour projects into the yard, and there is a skylight at the top—there is a cupboard in the yard where we keep a pair of steps—the firstfloor back-room window is close to the leads over the back-parlour—a person by getting on the leads could get in at that window—we keep the staircase-door locked—my bed-room is on the second-floor, and I have an alarm-bell fixed there, which rings a bell in the bar—the bell-wire is on the outside of the door, so that any one could cut it—on Thursday night, 9th Jan., I went to my bedroom, about half-past ten o'clock, to get some change, and then left 51l. in gold, and 9l. in silver, safe in my drawer—I did not lock the door, because my daughter was coming up, but I locked the staircase door by the bar—the bell-wire was then safe; the bell rang when I went into the room—I went up again with my daughter at twenty minutes to one, after an alarm had been given—the window on the first-floor, that comes on to the leads, was then partly open, and the room-door wide open; I went to my own bed-room, and found the drawers wide open; all turned out, and all the money gone—the bag in which the silver had been, was left behind—there was a peculiar coin among the money, which I had had eight or nine weeks—I found the bell-wire cut and hooked up, so that the bell should not drop—it would have rung if it had not been so prepared—Roberts has been my potboy two months—the lower bedroom bad been occupied by a person named Haskins, and he has also occupied the room adjoining mine, and the prisoner White used to call Haskins his brother, and come and inquire for him—I am a widow—the potman was the only man who slept in the house.
Cross-examined by MR. PARRY. Q. Is your house next door to the Casino? A. Yes; it is not what is called a night-house for ladies and gentlemen—we generally keep open till one or two o'clock—persons who
have been to the Casino come in and take refreshment—we only keep open as late as three or four in the morning, on bal-masque nights—the ladies and gentlemen sometimes come in in character—the house is very much frequented by fancy ladies and gentlemen—our busiest time is between twelve and one—we were not very busy on this night—from nine till twelve or one, we had about sixty in and out—there is a water-closet in the yard—that bad been whitewashed, as well as the whole of the yard—if a gentleman had been there, he might have a little whitewash on his coat—the walls are whitewashed—there is a urinal there also, open to all the customers—I have got back 41l. 8s. of what I lost.
MART ANN SUSANNAH FOXALL . I am the prosecutrix's daughter, and assist in the management of the business—Roberts was our potboy, and I know White. On 9th Jan. I came home about ten o'clock, and went up-stairs at about a quarter to eleven—the first-floor bed-room door was then shut—I went to my room which is the same as my mother's, and remained there a few minutes, putting away my bonnet and shawl—the drawers were all safe then, and the alarum also—it rang very loudly when I went into the room—when I left the room I shut the door, I did not lock it, sod came down to the bar—I locked the staircase door—from about twelve I assisted in the bar—the prisoner White was not then there—about twenty-five minutes to one, the barmaid left the bar, and went down the passage to the yard to the kitchen to get her candle to go to bed—I saw her come back again—she unlocked the staircase door and went up—immediately after, she came running down again, opened the staircase door, stood there, and beckoned me across the bar, and while I was talking to her, White passed me, coming from the passage door leading to the yard—he shook his head in my face, and said, "Oh! Miss Foxall what is the matter?"—I said, "Mind your own business, do not bother me"—he had a dark coat on which came up to his face, and his arm and side were white—he went out immediately—there were several persons in the bar—I went up-stairs, found the first-floor room door and window open, my mother's room open, and) the drawers lying about the floor in confusion, and the alarum bell-wire put—when I went up, and came down before, the lower-room door was shut—from the time I came down till the barmaid went up, no one had the key of the staircase—on the following Saturday, in consequence of what the barmaid told roe, I went into the bar—I did not then see White there, but I ran out and saw him, and took him by the arm at the corner of Little Queen-street, and said to a policeman, "Policeman, take this man into custody"—the prisoner said, "What for?"—I said, "For robbing our house of 60l. on Thursday night"—he said, "Miss Foxall, I have not been into your house these three days"—I said, "Not been into our house these three days; did you not ask me what was the matter? and did not you leave a letter at our a house?"—he then came. back to the house, and then said, "Miss Foxall you must be mistaken"—I said, "Policeman, I am quite sure as to his being the person; take him into custody"—a man named Haskins has lodged in our house, sometimes in the lower room, and sometimes in the upper, and White has very often come after his brother, and when we asked him who was his brother, he said, "I mean Haskins."
Cross-examined. Q. Did his coat collar stand up so as to conceal the sides, of his face? A. Partly—it came just under the ears—all the people
who frequent the house know me as the landlady's daughter—I do not go by any other name—we have had both Mr. Haskins and his brother lodging at our house—those are the only two we have had for three weeks before the robbery, with the exception of one person we know very well, a gentleman, a respectable man, who is in the habit of sleeping at our house occasionally—his name is Davis, but I do not know him beyond that—he is not a particular friend of mine—I am not in the habit of going out with him—during those three weeks the only gentleman we had visiting us who had occasion to go up-stairs, was Mr. Harker, my brother-in-law—we have a sitting-room up-stairs, but only our private friends use it, not the common customers—our family only consists of my sister and brother—I am not married—I have no children—on my oath I am not married, and have not three children, my sister, Mrs. Charles Harker, has three children—I have never had any children—I never was married—if any one has said so it is thoroughly untrue—I had been alone that evening to Mr. Harker's, 14, Argyle-street—I never went to the Casino but once, and that was four years ago, to see the Bedouin Arabs—there are no children at our house—what you have put to me is a downright falsehood.
MR. GRIFFITH. Q. The collar of his coat did not conceal his whole face? A. I had seen him two or three times before—I know his voice—I undertake to swear, from his person and voice, that it was White.
EMMA HOLDEN . I have been barmaid to the prosecutrix two years. On this night I left the bar to go to bed at twenty-five minutes to one o'clock—I went down the passage into the yard to the kitchen to get a candle—I lighted it in the kitchen, and looked round to see if any one was there, as is my usual custom, and also into the water-closet, and duitbin, and in the yard, and there was no one there but Roberts, who was moving a ladder or steps close to the cupboard in the wall—I said to him, "What are you doing there? why don't you do what you are told?"—he said he was only getting a duster—there was then no one but him in the yard—I came back to the bar, got the key, unlocked the staircase door, went up and found the first-floor bedroom door and window open—I went up further, and found my mistress's room door open, and I heard a noise above on the third-floor like footsteps on the stairs—I came down again—Miss Foxall came to me at the bottom of the stairs, and I told her what I had seen, and while doing so White came from the yard door—he had a coat fastened up to his chin, and went out—I stayed in the bar while Miss Foxall went up-stairs—White had been in the habit of coming for three weeks to see Mr. Haskins, who he called his brother, and who had been lodging up-stairs in both the back rooms—on the Tuesday before the robbery White called with this letter (produced)—I know his voice, and speak to him from his face, and figure—I saw no one come out of the yard except Roberts, who came almost immediately after him, and went out.
Cross-examined by MR. PARRY. Q. Have you ever before to-day said that White was the man? A. Yes, at Bow-street police-court—I signed my deposition, and the clerk asked me whether it. was the truth—he did not ask me whether I had anything to add or take away—White called several witnesses there to prove that he could not have been the man—that was the whole question before the Magistrate (the witness's deposition being
read, did not contain anything about White being there)—when it was read over to me, I told Miss Foxall they had Dot got down all I said, and she said, "Perhaps they have written down only a few of the particulars"—I did not say anything about the omission—there has been a little conversation about the case, but no discussion—I saw Roberts and the waterman speaking together that night—the waterman was in the house when we found out the robbery—an attorney appeared for us on the last examination, but no evidence was read over.
MR. GRIFFITHS. Q. Was it because Miss Foxall told you that, that you did not tell the clerk? A. Yes; it is a true statement—I swear White in the man who passed—I saw him come in the same evening, at half-past ten o'clock.
WILLIAM ANDERSON . I am a waterman, and act as a constable. On this night I was at the prosecutrix's house, and about twenty minutes to one o'clock I saw Miss Foxall and Holden at the bottom of the stain; and while they were there, I saw White come out of the yard and speak to Miss Foxall; he had on a dark coat, buttoned up, and had white on his left sleeve and hip—I had not seen him before on that evening—I have no doubt he is the person—after Miss Foxall pushed him on one side, he went out into the street.
Cross-examined. Q. What do you mean by calling yourself a constable? A. I am told by the proprietor of the Casino to keep the gangway clear—I have not been sworn in—I have a waterman's badge—I bad not been talking to Roberts on this evening, he stood by my side—I have never been in any trouble or before a Magistrate—I was not sent for at the police-court by Roberts—as he was going across to the cells he beckoned to me, bat I did not go.
JOSEPH THOMPSON (police-sergeant, F 11). From information on 15th Jan. I traced Roberts to Gravesend, Chatham, Faversham, and Canterbury, where he was apprehended by a Canterbury policeman at the entrance of the theatre, and I asked him if he knew me, he said, "Yes, your name is Thompson"—I said, "You must consider yourself in my custody for—" he there interupted me, and said, "It is all right, I have got missus's money; I did not steal the money; I found the money, you know; I shall tell all about it at another place: have you got that man in prison yet?"—I said, "There is a man remanded for Mrs. Foxall's robbery"—be said, "That is all right, he is in it"—after that, the constable who had apprehended him produced two bags (produced), and said, in his bearing, that he had found them on him, and 40l. odd—I said to Roberts, "You hear what he said, he says be found these bags on you"—he said, "Yes, that is all right, that is my bag," pointing to one, "and that bag," pointing to this one, "is mistress's bag, that the silver was in; I had the money given me; you must have another one," describing a man who perhaps will be a witness to-day—the Magistrate said it was not necessary for me to describe him, and it is not in the deposition—he said that a stout old man that was with White gave him the money down Holborn, and told him to run away, he gave him all the gold, he had no silver—in hit pocket I found this silver Spanish coin, with a hole in it (produced), which Mrs. Foxall identifies—he said he had spent 7s.
Cross-examined. Q. Did you find Roberts had been spending money on the way? A. Yes. I found 41l. 10s. in gold, and 8s. 6d. in silver on
him—after White was in custody, he made a statement to me—I made inquiries, and found it correct to the greatest extent—a duplicate was found on White for a coat, pledged for 1s. 6d., on the morning after the robbery—I have made inquiry, and heard nothing against White's character.
Roberts's Defence. The money was given me by an old man, who told me to go away for a few days, and he would let me know all about it.
MR. PARRY called
MATTHEW TRUMBELL . I live at the Model Lodging-house, 27, King-street, St. Giles's—I am a school-assistant, out of employ—White lived there also, and occupied the next bed to me. I remember the Thursday evening previous to his being taken on the Saturday—I was in the kitchen; and about ten o'clock White complained of the closeness of the place, and I walked down Holborn with him—on the way, he met a gentleman; stopped and spoke to him a few minutes, and we returned to the lodging-house about half-past ten—about eleven, he borrowed 6d. of a man named Bumbury, clerk to a barrister in the Temple, and went out to get something for supper, he returned in about ten minutes with some bacon and potatoes, and we had supper together, and I went to bed about a quarter to twelve—the prisoner came a few minutes after—I am able to say that from the time of his bringing in the supper and going to bed he did not go out—I saw him go to bed—three others slept in the same room, in separate beds—White laid awake talking to me and Hall till nearly two, when I went to sleep, and I believe the prisoner also—I awoke about nine or ten next morning, and found him in bed—he and I were in very distressed circumstances—I know Haskins, he is an organist—he has a brother—I have seen Roberts at the Sun and Punch Bowl, but do not know him in any other way—in the morning, a fellow-lodger came to White and took his coat away to pawn it—the person who pawned it brought back something to eat, of which I partook—I did not have any of the money.
Cross-examined by MR. GRIFFITHS. Q. Do you still live at this place? A. Yes; I have been there since 1st or 2nd Dec, and I was there at the conclusion of last Midsummer vacation—I held a situation up to the end of Nov. at Mr. Dynes.' Bolton-house, Turnham-green—I have not been in regular employment since—I have been employed by Mr. Haskins—I do not know that he lived at the prosecutrix's—I have heard that he slept there occasionally—he lives at Mr. Green's, 89, Leather-lane, tallow-chandler, who is also an auctioneer, and has an office opposite the Mansion-house—Haskins is organist at a chapel in the Hackney-road, of which I do not know the name; he is also a teacher of music—I have written notices of a musical book for him, which were stitched as advertisements in the reviews and country newspapers—to the best of my knowledge Haskins still lives at Green's—I received 1l. 1s. for writing the notices, which I was paid at Mr. Green's office—I had received sundry small sums from him in the last two months—I have not received all he owes me yet—he is to give me 5l.—that is all I have earned in the last two months—I may have received about 2l. 1s. of it before the robbery, and sundry small sums—I have always said that 5l. was what he was to give me—I will not swear
I have not said five guineas—I may have said that at the time of the robbery he owed me five guineas—T had done work for him for which be owed me 5l. or guineas, and I had received at sundry times sums on account; and I may have stated that he owed it me, not deducting those amounts—upon my oath I did not say at the time of the robbery, that Haskins owed me 5l. 5s., and that I had applied a great many times to him for it, and could not get any portion—I have applied a great many times for it—this letter (the one produced by Holden) is my writing—I gave it to White to give it to Haskins—White saw me write it, and read it afterwards—the address on the envelope is my writing—I wrote this last paragraph in the letter, "This at Foxall's, to secure its falling into your hands," because I knew he was in the habit of going there of an evening—I knew he lived at Green's then—I have stated that my reason for writing that letter was because I had asked Haskins several times for the five guineas, and could not get it—(the witness was here allowed to refresh his memory by reading over the letter)—I do not believe I have stated that I could not get any portion of it—this is my signature—(looking at his deposition, part of which was read: "I considered Haskins owed me 5l. 5s. for the work I had done for him—I had asked him several times for a portion of it")—I do not know Roberts, except by seeing him at the public-house six or eight times, when I had been there—I never saw him at the lodging-house—I know White intimately, and am in the habit of going out with him—the rules of the lodging-house are, to be in by half-past twelve, unless you get permission from Mrs. Davis the superintendent, to be out later, and she then gives permission to a person who has lodged there some years to let you in—when White got the supper this night, there was a man named Kemp, and Courtney, Green, Brown, and Harley, I believe in the kitchen; and I think some others who I cannot name—I think almost all the twenty-seven who lodge in the house were present—Curling and Barclay I believe were there—Courtney, White, and I, had bacon and potatoes for supper, and Brown, and Green also, had bacon at the same time; that was a few minutes after eleven o'clock—Curling fried the bacon—I left White in the kitchen when I went to bed—I do not remember who else I left there—there is no partition between my bed and others—there is a door to the room—Hall's bed is next the door, White's next, and mine next—there is gas in the room.
MR. PARRY. Q. What did the small sums you received consist of? A. About 2s. at a time—this is one of Lord Ashley's model lodging-houses.
GEORGE BROWN . I am a draper, out of employ, and live at this lodging-house. I let those in who are late—they must have permission to come in late—I recollect on 9th Jan., when it is alleged White was at Foxall's, my attention was called to it at once, and I went to the police-court to give evidence—that evening White was at the lodging-house from half-past ten till half-past eleven o'clock—I remember his borrowing 6d. of Bumbury, going out and bringing in some bacon and potatoes—he ate his supper with Trumbell; I went to bed at half-past eleven, and left them at supper—I did not let White in after that; if he had gone out and, come in after half-past twelve, I should have had to have done so—I sleep on the ground-floor, and when a person comes, he has to knock at my window which abuts on the street—the door jars against the partition of my room, and I should hear if any one came in—I saw him in bed next
morning—about two next day I pledged his coat for 2s. a portion of which I laid out for him for a meal—Trumbell partook of it, and I had some for going the errand—I gave White the ticket.
Cross-examined. Q. How long has this place been a model lodging. house? A. I cannot tell, I have known it three years—Trumbell has lived there six weeks or two months this last time, and he has been there casually when he has been in London; he has not been there constantly for the last twelve months—some of the men go out in the morning at five—they let themselves out—the house opens for the day at half-past six; I do not know who comes in then—this supper was bought about ten, or half-past—I believe White boiled the potatoes, I cannot say who did the bacon—there are two tables in the kitchen—I believe Kempster and George Barclay were at supper on herrings and potatoes at another table—I had some supper with White, and Trumbell, and Green also; and when I went to bed Courtenay was going to have some also—I have been employed fourteen months in letting people in—I get 2d. each time from the men I let in—I do nothing but that, and call them in the morning—for the last few weeks I have been delivering circulars—there is only one door to the house.
JOB FARLEY . I am a hosier, out of employ, and sleep in the room adjoining White's at this lodging-house. On 9th Jan. I went to bed about a quarter-past twelve o'clock—White was then in his bedroom—from my room I can hear people there—it was just gone one when I went to sleep, and up to that time I had heard White and the others talking—I had supped that night with Kempster on herrings and potatoes—White and Trumbell had bacon and potatoes—I recollect the bacon being fetched—I saw White in the room about seven next morning.
Cross-examined. Q. How long have you lodged at this house? A. About two years—I was employed last, about three months ago, at Chad-wick's hosiery-warehouse, Gresham-street—White had supper about half-past eleven o'clock—Brown and Green were there—I was not at the same table—Bartlett and Kempster had supper with me—we had finished before White had supper—I do not know who cooked their supper—Courtenay, Green, and Leicester were with him—I do not know whether Brown was—I saw White go up-stairs—it was then gone twelve—two or three others had gone to bed also—there is no clock, but we bear one strike outside—Leicester is the first witness who was called.
WILLIAM HALL . I am a painter, and live at the Model Lodging-house. I remember the night of this robbery, but am not positive about the date—I sleep in the bed adjoining White, and Trumbell sleeps on the other side of him—I came home on this night between ten and eleven o'clock, and saw White and Trumbell getting supper ready—I went to bed between eleven and twelve—I had heard that Curling intended to play a joke upon White by making what is called an apple-pie bed, and in consequence of that I was awake—Trumbell came up first, and White came after, not long after, because the light was not out—when White got into bed he found this trick had been played upon him—he had a difficulty in getting down, and had to get out of bed again and remake it—Curling came in and laughed at it, and White began to pummell him with the pillow, and
by that time it was nearly one o'clock—White then got into bed—there was some talking after that, and it was between one and two, or nearly one, before we got to sleep—I got op about seven, and White was there then—I do not think he could have gone out after he went to bed.
Cross-examined. Q. Are you in employ? A. Yes; I was at that time—I was not examined before the Magistrate—I was subpoenaed to attend here—I was asked to go to the police-court, but I considered his innocency was so clear that my testimony was not necessary—I think Green bad gone to bed before me—Trumbell must have heard what was going on about the apple-pie bed.
JAMES CURLING . I live at the Model Lodging-house, and am a painter out of employ. I was examined before the Magistrate. On 9th Jan. White, Brown, Green, Courtenay, and Trumbell supped on bacon and potatoes—White went to bed about half-past twelve o'clock, and I had made him an apple-pie bed, which is the sheets turned up so as to prevent any one getting in—after that we had a bolster-match, and I was in my own room and a bed by a quarter to one—I remember hearing White, Trumbell, and Hall talking after that—I cannot say what time it ceased as I went to sleep—I saw White next morning—he did not leave the house in the night that I am aware of.
Cross-examined. Q. You cannot say he did not? A. No; I have a small connexion I work for on my own account—about five years ago I kept bad company, and was induced to rob my employer—I was convicted, and since that I have been generally out of employment—I have lived at this house three years and a half—White has lived there twelve months—he is not a friend of mine—I have not walked about with him—I heard one o'clock strike after I was in bed—I sleep on the second-floor—Trumbell went to bed about half-past twelve, and White about the same time—I believe White went up first, I should think five or ten minutes before Trumbell, and I went up ten minutes or a quarter of an hour after—I believe Brown went first—I think Hall went about eleven—Trumbell or Hall did not join in the bolster-match—the gas was alight all the time.
JOHN KEMPSTER . I am a printer, and work at the latter part of the week on a weekly paper—I live at this Model Lodging-house. On 9th Jan. I came home about ten o'clock—I supped with Farley and Bartlett, on fresh herrings—White was at an adjoining table—I did not notice what he had—I went to bed before be did—I sleep on the same floor as him, in an adjoining room—that night I heard Trumbell, White, and Hall talking till between one and two, going on for two, and I spoke to White and told him to make less noise—I went to work next morning about half-past nine, leaving White in his room.
Cross-examined. Q. How long have you lodged there? A. About twelve months—I work at the Weekly Chronicle, as a compositor—I did not see Trumbell go to bed—I heard White come after me—I told them to hold their noise as I had to work the following night—I had finished supper before White began—there were several others in the room—Trumbell, Courtenay, and Green were there—I do not know whether any one else was having supper with White.
JAMES MITCHELL COURTENAY . I am a teacher of languages, and live at the Model Lodging-house—I have known White four months—he sleeps in the room directly over me. On 9th Jan. I came home about half-past ten o'clock—shorty after that I saw White come in with some
potatoes and bacon—I afterwards had tome with him at the same table, and Trumbell, Brown and Green, but not of the same food—Trumbell, or the other, gave them some potatoes—I went to bed about twelve—White and I went up together, and parted at my door, as he went higher—I heard talking till after two over head, and remember calling out, "It has gone two, pray have mercy"—I was suffering from gout and in great pain—I did not go to sleep till after Brown came up, between four and five, to call some one.
Cross-examined. Q. How long have you been a teacher of languages? A. Since my childhood—I have only one pupil now—I have done some writing, and am engaged for another work connected with a musical work, of which I have written a pamphlet, but I am doing nothing at present—I have lodged there four months—during part of that time I have attended at Bow-street as a reporter for "The Sun," upon which I was previously engaged for twelve years—the potatoes and bacon belonged to one as much as the other—we generally took our meals together—I had not paid for any of them—I do not know who cooked the potatoes—I went to bed just upon twelve—the gas is put out at twelve, and we have notice before that—it sometimes then remains a light ten minutes, and sometimes five; I think it is all put out at once—the prisoner Roberts has accused me of being the person who gave him the bag of money; I deny it—I am fortynine years old.
WILLIAM GREEN . I am a bookbinder, and live at this lodging-house. On this night I had bacon and potatoes with White and Trumbell—I do not recollect Courtenay—Brown was at the table—I went to bed at a few minutes to twelve o'clock, before White or Trumbell—I sleep in the same room as them—I was kept awake till after the gas was out by talking-White was then in bed, and I saw him there when I went out between seven and eight in the morning.
Cross-examined. Q. Are you in regular work? A. Not since this happened—I was at Westall and Clark's, in Friar-street, for four months, and constantly earned 36s. or 2l. a week—I have been nine months at the lodging-house—I do not know who paid for the bacon; I did not—I had plenty of money—it was in the act of being cooked as I went in; I cannot say who was doing it—Brown had bacon; I do not know who cooked his; it was a separate mess from White's—there was no one else at the table that I am aware of—I cannot say whether there was any other supper in the room—when the gas is entirely out I am sure it is after twelve—White went before the gas was out—my bed is exactly opposite White's—Hall came before White, and Hall and me were in bed when White and Trumbell came—they did not come together—I cannot tell which came first—Jim Curling came in shortly after—there was plenty of talking.
HENRY JOHN CRAWFORD . I am managing clerk to Mr. Wontner. White was in his office two years; during that time he bore a respectable and honest character—Mr. Wontner has been here nearly the whole day to give him a character—you (Mr. Parry) were instructed to ask the questions you have done.
Cross-examined. Q. How long has he left Mr. Wontner? A. About two years—I have seen him occasionally since—the instructions that were given to Mr. Parry were obtained from the prisoner and others—I made inquiries into them.
ANN DAVIS . I am housekeeper at the Model Lodging-house. The lights are all put out at once at five minutes past twelve o'clock—White has lodged there twelve months—I never heard anything against hit character—it is one of Lord Ashley's lodging-houses, and conducted under his Committee—if there is anything against the character of any one, he is sent away.
Cross-examined. Q. You have persons taken away sometimes? A. White is the first person since I have been there, which is three years and eight months.
WHITE— NOT GUILTY .
ROBERTS— GUILTY .** Aged 17.— Transported for Seven Tears.
OLD COURT.—Monday, February 10th, 1851.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Sir JAMES DUKE, Bart, Ald.; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder, and the Fourth Jury.
MR. CAARTEEN conducted the Prosecution.
THOMAS ROBERTS . I am a railway contractor, of Amber-place, Stroud Valley, Islington. On Monday evening, 13th Jan., I went with Aldren to the Prince of Wales beer-shop, Maiden-lane—there were several persons there—the prisoner was one of them—I gave them some beer—a conversation took place between Aldren and the prisoner about the wages paid by some contractors—Aldren is a contractor; the prisoner is a labourer, I had never seen him before—he did not seem pleased with the contractors—he got up and said, "I will go and fetch a gang"—he left the room, and Aldren followed, and pushed him down in the passage—I had Dot done anything to the prisoner—he had not spoken to me—he left the house, I and Aldren remained a quarter of an hour or twenty minutes, and then left—the landlord had said something to us—when we got to the door we saw the prisoner in the road, about ten yards from the door—he went over to a stack of bricks on the opposite side of the road, and took up something, and threw a brick at me, which hit me on the forehead, and stunned me, but I did not fall—Aldren was nearer to him than I was—I lost my senses—I did not see him throw a second brick—I cannot say who it was thrown at—it was very quickly done.
EDMOND TAYLOR . I keep the Prince of Wales beer-shop. On Monday evening, 13th Jan., I saw Roberts and Aldren at my house—I saw the prisoner leave after that, and saw him outside, peeping under the window into the room—I went out and saw a brick on the window-sill, and the prisoner close to the window, and took the brick away from him, asking him if he was going to break my windows, and threw it into the middle of the road—he said, he did not care a b—, he would wait there a week for them, and would cleave their skulls open, or rip their b—guts open if they came out—he did not mention any names—I begged him not to do anything of the sort, and went into the house, but did not tell them for a quarter of an hour, because I thought his temper would cool—I did tell them; they left, and I saw the prisoner in the middle of the road—he Went
over to the other side to a stack of bricks—I did not see him take one up or throw it—I went into the house—he was a little fresh, perhaps half drunk.
Prisoner. Q. You did not hear Aldren say he would kill me? A. No, I believe he shoved you down going out of the parlour—your eye was blackened, but not by Aldren—you got it blackened before, at the Maiden-head.
JOHN ALDREN . I am a railway contractor, of 4, River-street, Islington. I went with Roberts to the Prince of Wales, and saw the prisoner in the parlour—I had some altercation with him—he got up and said he would fetch a gang—I thought he was going to fetch some ruffians to get up a row—he let the parlour—I followed him, and said, "What will you fetch a gang for?"and caught him by the collar, and pushed him down in the passage—about twenty minutes afterwards, Roberts and I left the house, and saw the prisoner over at the brick-stack gathering something up—he came straight up to the path we were on, six or seven yards from us, and threw a brick, which struck Roberts—I turned round to look, and he heaved another, which caught me and knocked my bat off—he ran away—I went after him, and met him coming up with a crowd, and gave him in custody—he said he would have his revenge if he lived, to rip my guts open, mentioning my name.
(The prisoner produced a letter to the Court, in which he stated that Robert knocked him down in the passage, saying he would kill him; that when Roberts came out, being a bigger man than him, he threw part of a brick at him to frighten him, not intending to hurt him.)
GUILTY . Aged 22.
Recommended to mercy by the Jury.— Confined Three Months
MR. PARNELL conducted the Prosecution.
STEPHEN ROGERS . I am a timber-merchant, of Cleveland-street, Fitzroy-square. The prisoner is a pianoforte-manufacturer—he owed me 33l. 17s. 6d. for timber which he had last Feb.—on 22nd Feb., in consequence of a letter I had written to him, the prisoner paid me this bill of exchange—(this was dated Sept. 4, 1850, drawn by W. L. Wood on J.P. Vinnicomb, of Exeter, for 43l.)—upon receiving that, I supplied him with 16l. worth more goods—his bill is now 50l. 5s.—I paid this bill into my banker's in Jan.—it was returned to me.
Cross-examined by MR. BALLANTINE. I believe you have known the prisoner some time? A. About ten years; he was in a good way of business—I have attended a meeting of his creditors—my solicitor did not apply for payment after I knew it was alleged to be a forgery.
JOHN PEWTNER VINNICOMB . I am a musical instrument-maker, of Northern Hay, Exeter. I know the prisoner—I owed him a balance of 43l.—on 16th Sept. he asked me for payment—I accepted a bill for him; it was ante-dated—he said he should not be able to use it at that time, and it would be more convenient if I would allow him to ante-date it—this is it (produced)—(this was a bill dated 2nd Dec., for 45l., payable
six months after date, drawn by W. L. Wood on Mr. Vinnicomb, accepted payable at Robarts and Co.)—he gave me this account, and receipted it—I never bad any other bill transactions with the prisoner—he had no authority to accept bills in my name—I think I have accepted bills for the house of Nutting and Wood, but they were all by correspondence—he belonged to that firm, but separated in July 1849, and I am positive I have had no bill transactions with him since—this four months' bill is not my writing, it is a very bad imitation of it.
Cross-examined. Q. Is there nobody at your house who accepts bills but you? A. No; I have never accepted any blank bills—he wanted the bill to be for four months originally—he could not have imagined that I had given him any authority to accept on my account—he proposed to supply me with any number of pianos if I would give him my name to acceptances in future.
JOHN COOPER . I am a bill-broker. Some time in Sept. I received this six months' bill from Mr. Wood—I discounted it, and parted with it to Mr. Venn, but recovered it from him—I know it by my writing on it.
RICHARD CREWIS (policeman, E 112). I took the prisoner, and found on him this memorandum-book—(this contained an entry on a blank leaf, "43l. Vinnicomb, at six months, Sept. 2nd., Robarts," with other similar entries, in which Mr. Vinnicomb's name was mentioned.)
(Charles Cotton, licensed-victualler, Benjamin Thompson, of Chelsea, gentleman, George Thomas, pianoforte-maker, and Samuel Steele, turner, gave the prisoner a good character.)
GUILTY . Aged 42.—Strongly recommended to mercy by the Jury.— Transported for Seven Years
MR. COCKLE conducted the Prosecution,
WILLIAM M'BEAN (policeman, A 332). On the night of 31st Dec., I was on duty in Holborn, and saw the prisoner against the pump in Middle-row—he reeled against me, and knocked me up against some shutters—I said, "What are you about?"—he said, "Where am I?"—I said, "You are in Holborn; get on home; you are not so drunk as you pretend to be"—he said, "Don't you come near me; I have a stiletto here; that is an instrument you know nothing about; if you come near me, you b—r, I will put it right through you, for I am no b—y Englishman, and I will let you know it"—he walked away, brandishing a knife about over his head—he came against a lamp-post, and struck at it, saying, "There, that is how I will serve you"—Croall came up—I sent him for a policeman, and be returned with Davis, who caught hold of the prisoner by his collar behind—he was on his right side, and I on the left—we turned him round, and took him a little way towards the station—we all three got into a stooping position in the struggle—I said to Davis, "Mind, my lad, or he will stab you"—Davis said, "He has done so already, I feel the blood running down my leg into my boot"—he sprung his rattle, and another policeman came up.
prisoner said, "I am no b—y Englishman, if you come near me, I will stab you to the heart"—I said, "I think you had better go on, and not talk about stabbing people here," and he thrust this knife (produced), which was open, at my breast; it struck a button of my coat—it is a common knife—he was in the act of making another thrust lower down, when I clasped my arms round him, and held him close against myself—he slipped his arm, and cut through my trowsers to my drawers—he drew his hand up again, and struck the knife into the forepart of my thigh, saying, "D—n you, how do you like that?"—I then held him by both arms down the elbows, so that he could not move—the knife was in me when I pulled his wrist, which drew the knife out—I twisted his arm, and some one rapped his knuckles—he said, "Oh dear, you hurt my shoulder," and let the knife fall on my boot—I picked it up—he was the worse for liquor.
WILLIAM DODD (police-inspector, F). I was on duty at the station-house—the prisoner was brought there—he appeared to be reeling drunk, and was pacing about the dock, throwing his arms about like a madman—Davis said, in his hearing, "This man has stabbed me with this knife, and my boot is full of blood"—he made no reply, but continued throwing his arms about, which appeared to me to be assumed.
Cross-examined by MR. BALLANTINE. Q. Why? A. It appeared to be overrated; there was more action than I expected, and he was smiling, even at the time he heard that the boot was full of blood, and he smiled when I told Davis to go to the hospital—there is no doubt that he was drunk.
WILLIAM LUXTON . I am house-surgeon to King's College Hospital. Davis was brought there—I found a wound on the upper part of his right thigh—it had penetrated the muscle, but how much deeper I cannot say, as the muscle had filled it up—this knife would produce it—it was a dangerous wound—he has not recovered yet.
(The prisoner received an excellent character.)
GUILTY of an Assault. Aged 26.— Confined Twelve Months.
MR. WORSLEY conducted the Prosecution.
JOHN KINGSTON . I am a japanner, and live at Glass-buildings, Bloomsbury. On boxing-night I was at the Nag's Head, in Compton-street—the prisoner and seven others were there—a row commenced about Christmas-boxes, in which the prisoner took up a quart-pot, full of boiling water, and threw it over us, as we were sitting—the publican came to turn us out—Dennis M'Carthy was before me, going out, and the prisoner behind me—I felt the sharp edge of an instrument going into my hand—it came from the prisoner, or from behind him—when we had got two or three yards outside the door, I saw Lane stab M'Carthy in front of the head with a knife—I ran to the police station.
Prisoner. Q. Do you know of any animosity between us? A. No; M'Carthy is not here, but he told me here on Tuesday that he never saw you before—I have not said that if I could get as much money as would take me to America I would not appear.
—M'Carthy was one—the rest followed—Lane went after M'Carthy—about five minutes afterwards I saw Lane in the tap-room, quarrelling with some of M'Carthy's friends—he had a knife in his hand—I asked him what he meant by that—he closed it, and put it into hit pocket—I put him out the back way.
Prisoner. Q. Was not I intoxicated? A. You had been drinking in the course of the day—you knew what you were doing.
WILLIAM REDMONDS (policeman, E 127). I took the prisoner—he was brought to the station—I asked him if he had a knife upon him—he said, "No"—I found on him this knife, with marks of blood on it—I have not seen M'Carthy since Tuesday.
CHARLES WILLIAM GOODHALL . I am house-surgeon, at Middlesex Hospital. On 26th Dec. a man named Dennis M'Carthy was brought there, with a semicircular wound over the right temple, about two inches long, extending to the covering of the bone; and another, about an inch long, at the back of the head, dividing the scalp only; and another, about four inches long, on the left shoulder—this knife would be likely to produce such wounds—there was nothing to cause immediate danger—we took him into the house for a month or five weeks.
Prisoner's Defence. I never saw the man before, and had no reason to do him an injury; he is quite a lad to what I am, and I would not do such a cowardly act; I had been drinking gin and beer for three hours and a half, and was not conscious of doing it.
GUILTY of an Assault. Aged 30.— Confined Nine Months.
MESSRS. RIBTON and PRENDERGAST conducted the Prosecution.
WILLIAM DEANE DICKINSON . I keep the Exeter Hall Hotel, Strand. In the commencement of 1849, the prisoner was in the habit of dining there occasionally—on 12th May he called and ordered two bottles of sherry and some sandwiches—he owed me some money, and that order made it 18s. 10d.—he produced this check for 12l. 15s., and asked me if I bad any cash to spare—he said, let me have 10s., and I will call on Monday morning for the difference—I gave him half a sovereign—it was a crossed check, and he asked me what bank I banked at—I said, "The London and County"—he said, that is rather strange, I bank there myself—he did not call on roe for the balance—I saw him several times afterwards in the streets—I took the check to the bank, it was returned to me across the counter.
Cross-examined by MR. BALLANTINE. Q. Had you known him some time? A. Some few weeks—this was on the day it bears date—his office is near my house—I once went to the Opera with him—the check was returned to me on the Monday, and I saw the prisoner again perhaps a week or ten days afterwards, going into the house opposite—I did not go and speak to him about it—I went to his office for the money for the sherry and sandwiches, and 10s. I bad lent him—he was arrested, I should say, shortly after that, but I saw him frequently before that—I had no idea of pressing against him for this check until the time of his going through the Insolvent Court—I did not oppose him at all—the 18s. 10d. and 10s. was all he had; if I had had it in the till, I should have given
him the whole amount—a man named Pulling, an old friend of his, called on me for the check, and I let him have it—he told me he wanted it to oppose him in the courts—I did not let him have it with a view to prosecute him for forgery—he sent a man for it, and I let him have it—Mr. Puling and Martin called on me—I do not know that Martin is an attorney who has been struck off the rolls—I have been told he is acting as solicitor for this prosecution—he was here just now, but I do not see him now—I do not know of his being an old associate of the prisoner's; or of any quarrel between them—I was not aware they were even acquaintances—I am not paying Martin for this prosecution—I do not intend to do so—I am bound over to attend—if he is to be paid, it is by somebody else, not by me—he said the prosecution should not cost me anything if I would prosecute him—I did not know till a short time before the prisoner passed through the courts that he had a clerk named Chardin—I learnt that from Mr. Pulling.
COURT. Q. Are you able to form a judgment whose writing the check is in? A. No, I have not seen the prisoner's writing.
JOHN PULLING . I am a tailor, of 10, Prospect-place, Old Brompton. I have known the prisoner about eight years—I have seen him write—I have received letters from him, and am perfectly acquainted with his writing—I have no doubt the whole of this check is his writing, signature and all, except this "state on what account drawn," in the corner—I know that in Dec. last the prisoner applied to the Insolvent Debtor's Court—I was in attendance, and opposed him—I called on Mr. Dickenson on 19th Dec; he was not at home—I wrote a note for the check, and sent it by my man—while the prisoner was under examination at the Insolvent Court I asked him if he had received a check for 12l. 15s. from a person named William Chardin—he said he never did—I asked him if he knew such a person—he said he did not—I then handed this check across to him, and asked him if it was not in his writing—he said it was not—I asked him if he knew Mr. Dickenson, of Exeter Hotel, Strand—he said, "Yes"—I asked him if he had given that check to Mr. Dickenson—he said, "No, I tell you I have never seen it."
Cross-examined. Q. How did you learn that Mr. Dickenson had the check? A. From Mr. Dickenson—on my oath it was not from the prisoner; he never said anything to me about it—it is Mr. Dickenson of course who is defraying the expense of this prosecution, it is not me—Mr. Martin is the attorney, Mr. Dickenson has paid him; I went with Martin to Mr. Dickenson; I cannot tell you what passed—I do not intend to defray any of the expenses; he is not a friend of mine, he is a customer—he was in court just now, but I do not see him now—I have not offered to pay the expenses if Dickenson would come as the prosecutor, or said I would take care he should not be put to any expense, to my recollection—I never understood that there was any expense—I have not offered to hold Mr. Dickenson free from expense in this matter—Mr. Martin was introduced to me by the prisoner; he was not a cast-off clerk of his, that I am aware of—I never saw him in his office as clerk; I have seen him writing notes there of his own, as I suppose—I had some sherry and sandwiches; it was on a Sunday morning—I cannot tell whether it was this sherry and sandwiches—the prisoner owed me 35l. 10s., I think it was—6l. 14s. 6d. was money lent, 20l. 3s. 7d. for clothes, and the rest for the lawyer; it
was 27l. 3s. independent of costs—I did not say I had been to Mr. Bell, a tailor, of Ludgate-hill, to see if he would oppose; I had been to him—I had been to a person named Walter, and asked him to join in procuring counsel to oppose—I did not take down the answers the prisoner gave—I conducted my own case—certain portions of the answers were taken down—I made no memorandum, I speak from memory—other documents were handed to the prisoner with this check; checks on other bankers—after I had asked him about those, I put this into his hand; it was at the end of the case—the checks were placed in my hand by a gentleman, if I am obliged to say who it was, it was Mr. O'Keefe; he is a friend of the prisoner's—he placed them in my hands eighteen months ago, for a certain purpose, in the prisoner's presence, and I have had them ever since—I swear the prisoner has not lived in my house for the last eighteen months—I have never been in any trouble; a 5l.-note was traced to me, which had been stolen from the Tavistock Hotel—it was brought to my house; not by the person who stole it—I was not charged with receiving it—Mr. Pouch came to ask me about it, and I said before I would answer any questions I must see my legal adviser, and I went over to Mr. Cobb, brought him back with me, and then answered the questions—my wife has never been a servant in the Tavistock Hotel—there is no disguise about the handwriting on this check; I should recognise it in an instant.
MR. RIBTON. Q. Has the prisoner ever raid you the 25l.? A. No; Mr. O'Keefe handed me five checks—I have a distinct recollection of handing this one to the prisoner, besides the five—a servant at the Tavistock hotel, who I presume to be a respectable person, and was in the habit of visiting my wife, had this 5l.-note, which I got changed by Mr. Cortis, and put my name on it; that was in March or April, 1849—no charge was made against me about it; the girl required legal advice, and I introduced her to Mr. Cobb, to put him into the way of a little business.
COURT. Q. Do you know a person named Chardin? A. I know a Madame Chardin, who is a client of Mr. Cobb's; her husband formerly kept a perfumer's shop in New Bond-street, but has been dead three or four years—there was no man living with her; she was not a kept woman—I never heard the slightest imputation against her character.
Cross-examined. Q. Have you obtained some knowledge of the prisoner's writing? A. No; I cannot say at all whether this check is his writing; I never saw him write—I have seen his signature in the books, and acted on it—I do not think this is at all like it—this signature is very small, and so is the one we have in the books.
CHARLES CAPON . I am a clerk at the London and County Bank. I do not remember this check being presented there, but it must have been; here is my writing on it "state on what account drawn"—it is so far back, it is impossible for me to remember it; I am certain it has been presented—I do not know a Mr. Chardin; we have several accounts in the name of Jardine, but no "Chardin."
JOSEPH THOMPSON (police-sergeant). I took the prisoner, I think it was a fortnight ago last Tuesday; I told him the charge, he said, "Very well, where shall we go to?"—I said, "To Bow-street"—he said, "I will
go anywhere with you, Thompson"—I had told him it was for forging and uttering a check on Mr. Dickenson; he said, "That is a long time ago."
Cross-examined. Q. Who gave him into your custody? A. No one; I had written authority to apprehend him—(the check was here ready and was drawn by Mr. Chardin for 12l. 15s., in favour of the prisoner.)
ROBERT GEORGE SMITH . I am a solicitor of New Inn. I was present at the Insolvent Court in Dec, when the prisoner was examined before the Commissioner—he was examined by Mr. Pulling about a check—Pulling asked him if he knew a person named William Chardin, he said, "No"—a paper was then put into his hand, whether it was a check or not I cannot tell—Pulling asked him if he had seen it before; be said, "No"—he then asked whether he had given it to Mr. Dickenson, and he said he had not.
Cross-examined. Q. This is the first time you have been examined in this matter? A. Yes; I am the solicitor to Madame Chardin—I have heard from her that the prisoner did some business for her at one time, and he called on me about it—it was about getting some money from the executors of the late Lord Say and Sele—I am not aware that Madame Chardin is married now, I believe she is a widow—I have been to her house, but very seldom—I do not think I was there in the latter part of 1849—I know nothing of Madame Chardin's establishment.
COURT to JOHN PULLING. Q. Look at that check again; are you equally sure as to the whole of it? A. I am, the signature as well as the rest, especially the "William" that is much more striking than the remaining portion—I do not think the signature is different from the rest of the check; there is no difference.
NOT GUILTY .
NEW COURT.—Monday, February 10th, 1851.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. WILLIAM HUNTER; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 27.— Confined Two Months.
MR. GRIFFITH conducted the Prosecution,
WILLIAM DAVID CHARLES . I am waiter at the Kent Hotel, Brownlow-street—Mr. Charles Wynne Davis is the landlord. On 22nd Jan. the prisoner came and dined, between one and two o'clock—he ordered a nip of Burton ale; that is half a pint—he afterwards ordered another—I got in conversation with him, and he invited me to have a glass of ale with him—he made inquiries after a gentleman who was frequently in the habit of coming there—at that moment the gentleman he had inquired about came in, but the prisoner did not speak to him—I then left the coffee-room and went into the kitchen to wash my hands—the prisoner left within two minutes of my leaving the room—I did not see him, but I saw
his hat as he went out, and I heard him address Mr. Davis—I returned to the coffee-room, and went to the table where the prisoner had dined, and found the things covered with part of a newspaper—I removed the paper, and missed a silver fork and spoon—I asked the gentleman that the prisoner bad inquired for if he knew the prisoner; he said, "Certainly not"—I told my master—I am positive the fork and spoon were on the table when I gave the prisoner his dinner; I placed them there myself—I went after the prisoner—I went to a pawnbroker's in Holborn, and they advised me to go up Holborn and down Drury-lane—I then went to Mr. Hedges's, in Drury-lane, with a fork and spoon like these—I found they had taken them in, and the person who brought them had only left the shop a few minutes—on the Friday following I received a communication from Mr. Hedges, and went and found the pawnbroker's assistant and the prisoner in the box—I gave him into custody—the prisoner had been at our house on Tuesday, 21st Jan.—I did not know him before—this fork and spoon (produced) are my master's; one has "D. L. F." on it, and the other "C. L. D."
Cross-examined by MR. RIBTON. Q. How long have you lived there? A. Three months—I recollect that I put the fork and spoon on the table for the prisoner—I saw them again at the police-office.
FREDERICK WILLIAM COGSWELL . I am shopman to Mr. Hedges, a pawnbroker, of Drury-lane. On 22nd Jan. the prisoner came to the shop—he pawned a spoon and a fork for a sovereign—I Asked him whose they were; he said they were his father's—on the Friday following he called again to pawn a coat and waistcoat—I told Charles, and the prisoner was given into custody—this is the fork and spoon.
Cross-examined. Q. Have you any doubt it was the prisoner? A. Not the slightest; I had seen him before.
GEORGE THOMPSON (police-sergeant, F 11). I took the prisoner on 24th Jan.—I held out no threat or persuasion to him—he asked me to let him go and see his father, and be would make it right—I told him I could not allow him to go—there were two charges against him—I found eleven duplicates and a farthing on him, but nothing relating to this.
MR. GRIFFITHS conducted the Prosecution.
ISABELLA EDIE . I am single, and have one partner; we are cooks and confectioners. On 15th Jan. the prisoner came to my shop—he ordered a basin of soup—I saw it served to him—there was a plain silver spoon in it—while he was having his soup two ladies came—while I spoke to them the prisoner passed me, gave me a shilling, and left—he looked round, and then ran down the street quite fast—I said, "That man hat stolen the spoon"—I went to the room where he had been and missed it—this is it—I have used it twenty-two years.
Cross-examined. Q. There is no mark on it? A. No; the ladies went to the same table—I examined the table directly after the prisoner
went—the ladies were strangers to me; I have not seen them since—I had not seen the prisoner before—I am sure be is the man—I saw him afterwards at Bow-street—I went there because I was told I should very likely see the spoon—I saw the prisoner there in custody, and saw the spoon—the prisoner might have gone off without paying me for the soup—I did not go to the door to look after him.
Cross-examined. Q. You cannot swear to it? A. Yes; because it was pawned by the prisoner—it went out of my possession into Mr. Cogswell's—I should not undertake to swear to this spoon—there is no mark on it—it was out of my sight from the 15th to the 24th, but I put them away very carefully—I had not seen the prisoner before the 15th, but I can swear to him from a conversation I bad with him—there were not many spoons pawned there that day.
FREDERICK WILLIAM COGSWELL . I am fellow shopman with the last witness. I received this spoon from him, and produced it at the police-court—it was given back to him the same day, and placed in the drawer till the next examination—I am sure this is it—I know the prisoner, but I cannot swear that he pawned this.
Cross-examined. Q. If this spoon were out of your custody you could not swear to it? A. No; there is no mark on it, but the head is worked off rather sharp.
561. JAMES JOSEPH STANLEY was again indicted for stealing 1 spoon, value 10s.; the goods of Thomas Jefferson Holt: also, 1 spoon, 12s.; the goods of Joseph Ehrehardt: also, 1 spoon, and 2 forks, 30s.; the goods of Charles Henry Wood: to all which he pleaded
GUILTY . Aged 18.— Confined Twelve Months.
ANN SAWYER . I am the wife of Samuel Sawyer. The prisoner bad lodged at our house with another person for three or four months—on the day she left I missed some things, and gave her into custody that night—the articles were from two trunks in the room she occupied—they were not locked—some of the things are here—these are mine, and are worth from 30s. to 2l.—some of them have not been found—when the prisoner was first taken she was discharged—the things were not then produced—I had some conversation with her when she came to my place after she was discharged—in consequence of what she said I found some of my things—here is an apron amongst the things produced—I had seen the prisoner wear it—it is her's—it was with my things when I found it.
JAMES RICHARDSON. I am shopman to Mr. Hall, a pawnbroker. I produce a mantle and frock, to the best of my belief pawned by the prisoner—this is the duplicate I gave her, and this is the one I have—they correspond.
JAMES ABRAHAM (policeman, S 296). I took the prisoner—I saw my brother-officer find these four duplicates in the gutter—I picked up one in the gutter myself—this was a quarter before twelve o'clock on 24th Jan.—on 21st, I saw the prisoner at Clerkenwell, charged with stealing some articles—I took her again on the Friday following, and told her it was for stealing Mr. Sawyer's things—she said, "I wish I was dead"—it was on that Friday I found the duplicates—the prisoner had been near there on the Tuesday when she was first taken—she was near that gutter on the; Friday.
GUILTY . Aged 38.— Confined Twelve Months.
563. DANIEL SULLIVAN , stealing 1 coat, and other articles, value 2l. 8s.; the goods of William Kirby; and 1 coat, and other articles, 2l. 2s.; the goods of Thomas Holmes: having been before convicted.
THOMAS HOLMES . I am a labourer. On Saturday morning, 11th Jan., I went from my lodging at eight o'clock—I left my things safe in my room, in a box which was not locked—I came back about five in the evening—I found my box pulled out, and all my things were gone—I missed two coats, and other things—these are my boots—this waistcoat is my brother-in-law's, William Kirby's—he slept in the same room with me—I have known the prisoner about seven years—he did not live in that house—he came there once with a shirt—his mother made some shirts for me—I found this pair of shoes in my room, they belong to the prisoner; I had seen them on his feet—directly I saw them in the room, I said, "These are Sullivan's shoes," and gave information.
WILLIAM WILSON . I am in the service of Mr. Gibbs, a pawnbroker. I have a coat, waistcoat, and pair of trowsers pawned by a female in the name of Ann King, and a pair of boots pawned by a man—I do not recognise the prisoner.
JAMES ABRAHAMS (policeman, S 296) I took the prisoner—I told him it was for robbing Holmes, at Westminster—he said, "If I had known that I would not have come this way"—I took him to the station, and he said, "If Holmes had been quiet he would have had all his things back again"—I know a young woman named Ann King—she is a prostitute—I have seen her with the prisoner—he lived at 15, Ashley-street—that is the direction on the duplicates.
CHARLES RANDALL (policeman, N 172). I produce a certificate of the prisoner's conviction at this Court—(read—Convicted Feb., 1848; confined one year)—he is the person—he has been in prison three times since.
GUILTY .— Transported for Seven Years.
SARAH HAMS . I am matron of a private Lunatic Asylum, at Fulham. Mr. Cyrus Alexander Elliott is the proprietor of it. On 28th Dec. I missed some towels and tablecloths—these are them—the name has been cut out of the corner—they are Mr. Elliott's—they used to be kept in the laundry—I missed them from there—the prisoner was employed in the laundry at the time I missed them—she was last employed there about three weeks ago.
LUKE BUCK (police-sergeant, V 39). I received information, and went to the prisoner's lodging on 26th Jan., at a beer-shop at Fulham—I have known her some time, and have seen here there—I found the prisoner there, and told her I came to apprehend her, on suspicion of robbing Mr. Elliott—she said she had never taken the worth of a halfpenny from the house—I saw Mrs. Maddison there, and asked her, in the prisoner's presence, if she knew anything about the prisoner's tickets; she took two duplicates from the mantel-piece, and gave them to me—the prisoner said, "I will not bring Mrs. Maddison into any trouble; I took the things from Mr. Elliott, and pawned them"—the duplicates relate to this towel and tablecloth—I went and got them.
Prisoner. The towels are my own; I picked up one of them on the road.
GUILTY .* Aged 40.— Confined Six Months.
(There was another indictment against the prisoner.)
CHARLES BUSK (policeman, T 221). On Tuesday, 14th Jan., at a quarter-past six o'clock in the evening, I was on duty at Notting Hill—I saw the prisoner with a bundle; I asked him what he had got; he said, some dirty clothes he was going to take home to wash—I found the things were wet, and took him to the station—he dropped the bundle, and ran; I ran, caught him, and took him and the bundle to the station—I found in it these gowns and other things.
JANE JEFFERYS . I am the wife of Thomas Jefferys, of Shepherd's Bush. These things belong to him—I hung them out to dry on 14th Jan., at four o'clock—I saw them safe at half-past five—I never saw the prisoner.
WILLIAM ROBERTS (policeman, C 152). I produce a certificate of the prisoner's conviction at Clerkenwell, by the name of William Doran—(read—Convicted March, 1850, and confined eight months)—he is the person.
GUILTY . Aged 24.— Transported for Seven Years.
MR. O'BRIEN conducted the Prosecution.
HARRIET WHITE . I am the wife of William White, of 7 1/2, Clarendon-place, Somers-town—we occupy the first-floor; it is in the parish of St. Pancras—on Monday, 20th Jan., I went out at half-past two o'clock—I locked my door, and took the key with me—I did not leave any one in my part of the house—I returned at a quarter before five—I found my
door, which bad been locked, was open—I missed a watch, two coats, a pair of trowsers, two waistcoats, and a black silk handkerchief, worth between 5l. and 6l.—I saw them safe when I left home; I have not seen them since.
Cross-examined by MR. HOGGINS. Q. Did you open the drawers? A. Yes; I do not know how the door had been opened—the lock goes as it always did—a man named Knowles has lived in the house nearly twelve months; I do not know that he has been convicted of theft; we have found him very honest—there are two Knowles's—Thomas Knowles is a man not like the prisoner, he is tall and thin—I do not know whether I left him at home when I went out—he lives with his mother; they are still living there.
MART ANN CORRICK . I live at 7 1/2, Clarendon-place, on the secondfloor, with my father and mother. I saw the prisoner at Mrs. White's on a Monday, three weeks ago, between three and four o'clock in the afternoon—I was going down-stairs, and he was knocking at Mrs. White's door—I went down into the kitchen, and when I came up again I saw him coming along the passage from Mrs. White's part of the house—he had a bundle under his arm—his face was towards me—I saw him twice—I am sure he is the man—I saw him again at the Magistrate's last Monday—Mrs. White took me to see him; I recognized him in the Court.
Cross-examined. Q. Do yon know Thomas Knowles? A. No; Mrs. White told me I was going to the station, to see if I could see the prisoner.
JAMES CORRICK . I live in Mrs. White's house; she occupies the first-floor—three weeks ago to-day I saw the prisoner in Clarendon-place, opposite Mrs. White's; he walked up and down, and looked at the houses opposite; that was half-past three o'clock—I had seen Mrs. White go out before—in about twenty minutes I saw the prisoner come out of Mrs. White's, with a bundle—I did not see him come out, but some children said, "That man has come out of the house; I think he is a thief"—in consequence of that I took particular notice of him—I have no doubt he is the man—he had no bundle when I first saw him.
Cross-examined. Q. When he looked at the houses opposite, his back was towards you? A. I saw the side of his face—when he came out of the house, he turned round, and I saw his face—I know Thomas Knowles; he occupies the second-floor back-room.
MR. O'BRIEN. Q. Is he like the prisoner? A. There are two of them; one is about the same height as the prisoner, only he has got the small-pox—the prisoner is not one of the Knowles's.
CHARLES KEMP (policeman, S 81). On Sunday, 2nd Feb., I saw the prisoner and two others in Seymour-street—I watched them—they saw me, and the prisoner and another ran away—I pursued the prisoner; and as I was coming near him, I saw him drop this jemmy, wrapped in a piece of paper—I took him, and found on him a key and some matches: and where I took him I picked up a piece of wax-candle—he was asked at the station his name and address, which he refused to give then—in the morning he gave his name, Henry Leach, Hackney-road, but he did not know the name of the place—the key I found has not been tried to Mrs. White's door—the lock has been altered since.
GUILTY .**— Transported for Seven Years.
MR. BIRNIE conducted the Prosecution.
JOHN LTNESS SIMPSON . I am mate on board the brig Cambridge, of North Shields. On the morning of 5th Feb., I found myself in the station—I remember on the evening before being in the Pavilion theatre, and coming out—this is my watch; it is worth about 2l.—I saw it safe in the Pavilion theatre—I remember having it when I came out; it was in my waistcoat-pocket, attached to a guard which was round my neck; it was then whole, but it is now broken—I did not see the prisoner that night.
Cross-examined by MR. HOGGINS. Q. Is not this a common watch? A. I am no judge of it—my name is inside the case—I had been drinking all that day at times—I remember coming out of the theatre—I felt my watch, and looked at it as I was coming out—that was not in a crowd of people; there was a bit of a slack where I was; it was where they give the checks—the theatre is in Whitechapel-road—I had a female with me.
EMILY M'DONALD . I am single, and live in Devonshire-street, Commercial-road. On 4th Feb., I went to the play with Simpson, and came out—we went into a public-house—Simpson was tipsy—I had a glass or two, but I knew what I was about—we were in the public-house three quarters of an hour—the prisoner and some more came up—I had 15s. or 16s. in my hand, which Simpson gave me to take care of—I was going to pay sixpence out of it, when the money was snatched out of my band—they ran off, and I ran after them, and hallooed "Stop thief!"—some said I should have the money back again—I then turned back, and found Simpson waiting outside the public-house for me—I saw the prisoner strike him, and he knocked him down and kneeled on him—I said, "John, you had better get up, this is one of them that got my money"—I saw the prisoner take the watch out of his waistcoat-pocket, and try to break the guard—I told him to let him go, he was stealing the watch, and if he did not let it go, I would call the policeman and give him in charge—with that he struck me two or three times, and kicked me—I sung out for the policeman, and saw the watch in his hand—he ran away—I pursued him, and saw the policeman run after him.
Cross-examined. Q. Had you any drink before you went to the theatre? A. No; I was rather overcome afterwards—it was one of those who was in company with the prisoner who snatched the money from me—I was not quite right—we had had three pots of ale—I could not see whether the guard was broken or cut, but when he ran away the watch was gone, and the guard was left—the others all made their escape—a good many persons came when I made the alarm—it was between twelve and one o'clock—I believe the night was a little wet—the prosecutor was afterwards taken to the station—I never saw the prisoner before.
MR. BIRNIE. Q. Did you stoop down and look at the prosecutor? A. Yes; I found his watch was gone, and the guard on his neck—there
was no time for any one to touch him between the prisoner running away and my finding the watch gone—no one could have done so without my seeing them.
JOHN GILBERT (policeman, K 404), I was on duty in Whitechapel-road, and saw Simpson lying down, and the prisoner kneeling on one knee and leaning over him—I could not swear whether his knee was on his body or on the ground—I heard M'Donald say, "He is cutting his watch"—I ran up—the prisoner struck M'Donald in the face, and ran away—I pursued him for 300 yards, when he was stopped by a constable—I took this guard off Simpson's neck at the station—here is a small portion of it on the watch.
HENRY BINOLEY (policeman, K 134). I heard a cry of "Stop thief!" and saw the prisoner running towards me—I caught him, and am sure he is the man—Gilbert saw me catch him—the prisoner said, "What do yon want with me? I have done nothing"—I said, "You had better come back and see"—I found this watch about three hours afterwards, about nine yards from where I took the prisoner—I found the case about half an hour afterwards about four or five yards from where the watch had been.
(Jeremiah Tracey, Francis Titherston, and Carrick Bailey, gave the prisoner a good character.)
GUILTY .— Transported for Seven Years.
MR. COCKLE conducted the Prosecution.
ISAAC CHAMBERLAIN . I live at 22, Pelham-street. Mr. Waters entrusted me with some silk for my son to make, who lives with me—there was what we call a cane, and some silk on bobbins—on Friday, 17th Jan., I went out between ten and eleven o'clock—my ton was weaving the silk—part of it was on the roll—about fifty yards of it was finished, ready to go home—when the whole was finished there would have been about 100 yards—I returned home about five in the afternoon, and found my son was gone out—I then missed the fifty yards of ready-made silk, and eleven bobbins of shute—my son was permitted to work on that silk with me by permission of my masters—I saw my son again on the San day night following at the Ben Jonson public-house—he had received 25s. on the work which he had made, and he would have received more when it was finished—he is twenty-three years old—the value of the fifty yards stolen was about 5l.
MART GOSLING . I live in Scott-street, Whitechapel. I know Isaac Chamberlain, jun., the son of the last witness—he lives with his father in Pelham-street—on Friday, 17th Jan., I was coming down Pelham-street, I saw the prisoner—I said, "Have you got any work?"—he said, "No"—I was going on with my little sister, and saw Isaac Chamberlain, jun. with a small bundle—the prisoner crossed over to him—I saw one bobbin drop out of the bundle—the prisoner picked it up and put it in his pocket—they went away together.
Cross-examined by MR. PAYNE. Q. You don't know what day this was? A. Yes, it was Friday three weeks—I was not examined till 5th Feb.—I remember the day, because I was going on an errand for my mother—I am a tailoress.
RICHARD ROBERTS . I am assistant to Messrs. Waters and Son, silk manufacturers. On 12th Dec. I gave some silk to Isaac Chamberlain, sen.—it was interested to him for his son to work—it was to be woven—there was enough to make about 100 yards—I gave it out myself, and knew the son was going to work on it.
ISAAC CHAMBERLAIN, JUN . I am the son of Isaac Chamberlain; I live with him at 22, Pelham-street. I remember a quantity of silk coming from Mr. Waters—I don't remember the day of the month—it was to be woven—I was at work on it on the morning of 17th Jan—I remember my father going out at eleven o'clock—I left my work about twelve, and went round to the prisoner's house, which is about five minutes walk—I told him I bad left my home—he said, "You will get three months for leaving your work"—I said, "No, I shan't"—we stood talking a good while, and he said, "If you will cut the work off, I will sell it for you, you will only get three months then"—I said I would not cut the work to injure my father—we then went to take a walk, and he kept saying, if I would cut the work off he would sell it fur me—we returned home to my place together, between three and four—I went to the Ben Jonson, to my father, to get the key to go up-stairs—the prisoner went home with me—he went about half the way up the stairs, and told me to leave the door open, and take the key back to my father, which I did—when I returned, the prisoner was standing at the corner of Spital-street—I went up-stairs a second time, cut the work off, wrapped it in a coarse towel and my jacket, and took that and eleven bobbins of shute down to the street—I saw the prisoner at the corner, on the other side—I joined him, and we went to his house—I carried the bundle, and he carried the shute—he then took the silk out of what I bad it wrapped in and put it in a bed-quilt—he took the shute and the silk under his arm, and we went out together to Brick-lane—he then told me to meet him at Shoreditch Church—he came to me there, and told me he had not got the money for the silk, he had to call at six o'clock—he had eleven bobbins of shute in his pocket—he said he was going to sell the shute—I walked with him—he went into a place, and when he came out he said he had got 3s. for the shute, and he gave me 1s. 6d.—when the silk was sold, he told me he got 2l. for it—he gave me a sovereign, and I kept it—he said he sold the silk at Monk's—we went and took a walk—I bought a pair of shoes, and got change for the sovereign, and he was measured for a pair.
Cross-examined. Q. You told your father you did not take the silk? A. Yes, and I told the Magistrate so, and then told this story.
NOT GUILTY .
MESSRS. RYLAND and LOCKE conducted the Prosecution.
WILLIAM ALLAN . I am a cooper, and live at Garlick-hill. On 1st Feb. I was in Aldgate coming home—I met the prisoner—he asked me if I wanted any tobacco—I told him no—he then said he and his mate were just come on shore, and they were drawed up for money, and had got some articles they had brought with them, I think he said from China—he asked me to go with him a few doors—I went to the Hope public-house, in Jewry-street, he took me in a parlour—I saw his mate there,
who he told to show me the articles—the other man produced a shawl—I told him I did not want it—the prisoner had then gone out, but he came in again, and asked his mate to show me some waistcoat-pieces—he showed me two pieces, which he said was enough to make four waist-coats—the prisoner said one was silk velvet, the other was satin—they both said that, and they said they were worth 2l., they had brought them home with them from China—they asked 25s. for them—I said I did not want them, and was coming away, when the prisoner said I should have them for 15s.—I said I would give them 10s. for them—I took them, and gave the other man a half-sovereign, which he took in the prisoner's presence—I went away with the waistcoat-pieces—I was induced to give the half-sovereign for the two pieces because I thought they were what they represented them to be, silk velvet and satin—before I left, they asked me to treat them with two glasses of gin-and-water, which I declined—when I left, I had some misgivings, and showed the waistcoat-pieces to a tailor, and in consequence of what he said I went in search of the prisoner—I found him at the corner of George-street, Minories, looking in a shop-window—I went to him and told him I would give him in charge for defrauding me of my money—he said he had not seen me—while we were talking, a policeman came, and I gave him in charge—I handed the waistcoat-pieces to the officer.
Cross-examined by MR. THOMPSON. Q. How old are you? A. Twenty-one—I have been a cooper eight years—I earn 25s. a week—I was open to buy articles if they suited me—I am certain he said they brought the articles from China—I was ten minutes, or a quarter of an hour bargaining about them—I examined them well—it was on account of my own judgment, as well as what they told me, that I bought them—I thought they were worth 10s.—I never had a velvet waistcoat—the tailor I met told me they were worth 3s. or 4s.—I was two or three minutes with the tailor.
HENRY JAMES DAVIS . I have been a silk and velvet weaver in Spitalfields for nineteen years—I am well acquainted with silk and velvet—this figured piece is embossed cotton velvet, and is worth about 10d. or 1s.—it might make a waistcoat, but it is not the length we should cut—this satin is a lavatina, a very inferior description; it is shot with silk; it is barely half silk; it is worth about 4s. a yard; here is not quite three-quarters of a yard; it would only be worth about 3s. if it were three-quarters; it is worth about 2s. in its present state; part of this must be wasted—it would not make a man a waistcoat at all—they are British manufacture.
Cross-examined. Q. Are you a tailor? A. No; I don't give tailors' prices, but the prices they are sold at in the trade—what I have stated it the full value.
HENRY LOVELL (City-policeman, 585). I was on duty in George-street, Minories on 1st Feb.—Allen said, "I give this man in charge for robbing me of money, selling me these articles, representing them to be what they are not"—he said he had seen the prosecutor, and asked him to come and look at some handkerchiefs, and when he went he did not find the man he expected to find, but another man—that he went out to look for him, and while he was gone, the prosecutor bought these pieces, of the man that was there, who he knew nothing about.
GUILTY . Aged 38.— Confined Two Months
THIRD COURT.—Monday, February 10th, 1851.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Sir WILLIAM MAGNAY, Bart., Ald.; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
ALFRED WILLIAM MELBOURNE . I am a guard, on the London and North-Western Railway. On 4th Jan. I came with a third-class train from Birmingham—I saw Williams walking on the platform at the Blisworth station, but I did not see him get into the train—at the Wilsden station I saw the back of a person getting into a carriage—I cannot say who that was—the train stopped about a minute at Wilsden, and then came on to Camden-town where the tickets are taken—I there saw both the prisoners deliver a ticket to William Penson, who collected them—I had received a communication for the man in charge of Wilsden station, and had cautioned Penson—immediately they gave up their tickets I put the question to the prisoners, and demanded distinctly where they came from, and they both said from Wilsden—I told them I should detain them, and Williams said, "Oh! very well"—I told the collector to get into the carriage and ride down to Euston-square with them—there was not room, and he got into the next compartment, rode to Euston-square, where they were given in charge—at Euston-station they both said they were from Birmingham—the fare from Birmingham to Wilsden is 7s. 10d. or thereabouts, from Coventry to London 7s. 10d., and from Wilsden to London 6d.
Williams. Q. When your attention was called by the station-master to some person having obtained two tickets, did he point out the compartment? A. Yes; I saw a person get in there—I was two carriages off—that was the same in which I afterwards saw you and Brown, No. 61—the person was stooping, in the act of getting in—I cannot say whether he wore a hat or cap—his head was in the carriage—he had a black coat—I could not see his face—I have not seen him again to my knowledge—I will not swear Brown is the man—the ticket-collector went away after collecting your tickets—he was not away a minute—it was while I was talking to you—I do not know that when he returned he asked who had come from Wilsden—I do not think he appeared at all doubtful as to who he had received the tickets from—he did not speak to me alter he had taken the tickets till he returned—he only went on collecting the tickets—when he returned he did not ask who had come from Wilsden—it was me who asked.
MR. ROBINSON. Q. Can you undertake to say whether it was Brown got in at Wilsden? A. I cannot; I saw the person's back, and he was something of his appearance—I know it was not Williams—I had seen him.
WILLIAM SUDLOW PENSON . I collect tickets at Camden-town station, for the arrival at Euston-square. On 4th Jan. Melbourne called my attention to the carriage No. 61, and stood by me while I collected the tickets—I
received these two third-class tickets for Wilsden to London (produced) from the prisoners—I noticed the tickets most particularly—there were no other Wilsden tickets by that train—Melbourne said to the prisoners, "You come from Wilsden"—they both said, "Yes"—I had showed Melbourne the tickets—there were eight persons in that compartment—(tickets read; "Wilsden to London, third class, No. 1448," and 1449; 4th Jan.)
MR. WILLIAMS. Q. Did you receive a ticket from every person in that department of the carriage? A. Yes; you were on the left-hand side, next but one to the door—I did not notice what ticket the person nearest the door gave—sometimes one person gives up all the tickets—at the further part they give them into each other's hands—occasionally I receive two or three from one person.
MR. CLARKSON. Q. Where did Williams sit? A. Second on the left side, and Brown exactly opposite—each handed their own ticket.
——SIBSEY (police-inspector, London and North Western Railway.)
The fare from Birmingham to Wilsden is 8s. 10 1/2 d., and from Birmingham to London, 9s. 4 1/2 d.—on 4tb Jan. I took the prisoners at Euston-station, and asked Williams his name and address, which he refused to give me—I then asked Brown, he gave it to me; and then Williams said, "Is it your intention to adjudicate in this case"—I said, "Certainly not, you must go before a Magistrate"—he then gave me his name—I asked both of them how far they had come, and they said from Birmingham—I took them to Albany-street station, searched them, and on Williams found some papers, and this agreement between him and Brown (produced)—I said to Williams, "Then you are friends;" he said, "Yes, we are."
William. Q. Do you know Bickley, an officer, at Euston-station f A. Yes; I cannot say whether he was on duty at that time—I saw no tickets found on you—I did not hear the superintendent say the Company bad been anxious for some time to convict some person of this offence, and that you were the first victim.
JOHN SPINKS . I have charge of the Wilsden station, I remember the train arriving on 4th Jan., between three and four o'clock—I issued two tickets for it—I delivered them both to one person—I think I should know him again; he is neither of the prisoners—these produced are the tickets, and the only two that were issued that day.
Williams. Q. How long before the arrival of the train were they issued? A. Perhaps ten minutes; it was at Wilsden before it was due—I had very little con versa ion with the man—he was short, and about twenty-six years old, and wore a hat—I saw him enter the carriage, called the attention of the guard to it, and pointed out the carriage to him—I am quite sure that was the same person who bought the tickets—he was the only passenger at the station.
JAMES EWIN . I am inspector of the Birmingham Animal's Friend Society. I have known Williams between twelve and fourteen years—on, 3rd Jan. he came to my house, and informed me of a man cruelly beating a horse—I went with him to the man—I saw Brown also—Williams said he was going to London next morning—I said my son, who was unwell, was going, and wished them to go together—I accompanied my son to the station in the morning, took a ticket for him, and told him to look out for
Williams at Coventry—Williams has assisted me in my business both in Brighton and Birmingham—I never heard of his being charged with any dishonourable act, or being before a Magistrate.
ALEXANDER SMITH . I have known Williams between six and seven years—I had some conversation with Williams at Coventry, on the morning of 4th Jan., just previous to the arrival of the third-class train from Birmingham—I have a knowledge of the ticket system—I cannot say that it is invariably the case, but whenever I have been at Rugby every person has produced their ticket—it it a usual thing—I know that Williams has travelled many journeys between Birmingham and Coventry—I do not know whether he has travelled more journeys than any one since Christmas, there are some that go two or three times a day—no person is allowed to leave the platform without having the usual ticket, unless they have a platform pass-ticket—when I have been there, Williams has always given up the proper ticket—he would not be allowed to pass unless he did—I knew him when he was in the Birmingham police force—I never knew him charged with any discreditable action—I know nothing against his character.
Cross-examined by MR. CLARKSON. Q. If a man wanted to travel from Coventry to London, and took a ticket to Rugby, when he got to Rugby he would have to give up the ticket? A. Yes; he need not get out—he would have to give it up before the train came into the station—he might ride from there to Wilsden, and there get a 6d. ticket—the fare between Coventry and Rugby is 11d.
CALEB EWIN . I am a schoolmaster; during the Christmas vacation I visited my parents at Birmingham. On 4th Jan., in consequence of what my father told me, I looked out for Williams at the Coventry station, and when the train arrived there, I saw him on the platform, and waved my hand to him—he told me there was a more comfortable carriage behind, and assisted me to move my luggage there—I got in there, and placed myself next to Brown, who I found there, and Williams followed me, and sat opposite Brown, next the door—I showed my ticket at Rugby, and Williams also—I believe the man took hold of Williams's ticket, and looked at it—he did not take it out of his hand—after that I made an observation about the tickets, being the same colour from Coventry as from Birmingham—Williams showed me his—Williams got out of the train at Blisworth, where it backed while the mail-train passed—I got oat too—after the train had passed, we got in again—Williams sat in the same position—I found Brown where I had left him—neither of us got off our seats from that time till we arrived at Euston station—Williams shifted from the door at the last station before you arrive at London, when another person got in, and sat next the door—we then came on to London, where we all gave up tickets—I saw Williams give up his.
Cross-examined by MR. CLARKSON. Q. On your oath was it not one of the tickets produced that he gave up? A. I should be very sorry to swear it; I will not swear it was not—I swear these are the ones he showed at Rugby—I do not know Brown—I had a school in Flint-street, Walworth—I and my uncle keep the whole house there—he is a fishmonger, but has no shop there; he has one in the Borough, in connection with another person—my school is the front-room first-floor—I have left my
school the whole week to give this evidence—Williams came from Coventry; I came from Birmingham.
WILLIAMS— GUILTY . Aged 44.— Confined Six Months.
BROWN— GUILTY . Aged 38.— Confined Three Months.
HANNAH ROBERTS . I am single, and am a dressmaker, at 48, King-street, Soho-square. I took Eliza Roach into my service on 29th Oct.; she left on the 30th—she did not say she was going—I missed a brooch, a ring, and 12s. 6d. in money, which I bad seen safe in a drawer five minutes before she went—I have since received the brooch and ring from Jones—they are my property.
EDWARD HENRY JONES . I am assistant to Messrs. Barker's, pawn-brokers, of Hounsditch. On 30th Oct., the prisoner Ellen brought this brooch and ring and asked 5s. on them—I asked if they were her own—she said no, she brought them from a Mrs. Hinds, of Hounsditch—I asked if she bad any objection to get a note to prove it was correct—she left the property, and went to get one, and never came back—there was a girl with her; I cannot say whether it was Eliza.
Eliza's Defence. I took the things, and met a woman who I asked to come with me and pawn them; it was not my mother.
Ellen's Defence. I wrote to the lady, informing her where her property was.
ELIZA— GUILTY .* Aged 16.— Transported for Seven Years.
ELLEN— GUILTY 2nd Count. Aged 50.— Confined Three Months.
MR. THOMPSON conducted the Prosecution.
JOHN DAFTER (policeman, A 346). On 4th Feb., about eight o'clock in the evening, I was in company with Mr. Cooper, and followed the prisoner from Mr. Turner's premises to a public-house, and from there to Marylebone-lane, where we stopped him; and Cooper said he was suspected of robbing his employers of metal—the prisoner said, "I have some metal in my possession, but it is not Mr. Turner's"—I took him to the station, and he took this (produced) from his trowsers' pocket.
JOAN COOPER . I am clerk to Mr. Thomas Turner, of East-street, Manchester-square, smith and engineer. The prisoner was in his employ—I followed him with Dafter—I know this piece of solder by this mark—I saw it at Mr. Turner's at four o'clock that afternoon, secreted under the prisoner's bench—I missed it at eight—the prisoner had no right to remove it, he had no work off the premises—his wages were 26s. a week, but he generally received 30*. through working over-time.
Cross-examined by MR. PARNELL. Q. Is not the firm Turner and Son? A. No; Mr. Barron has not a share in the business—the bills are not headed Turner and Co., nor is that over the door—John Turner has
nothing to do with the business—I looked for this solder, in consequence of there being a great deal missing—it was on a shelf under the bench where the prisoner works—he had been at work with solder that day; it is given out by three and four pounds at a time—in strips, not in this shape—the men are never allowed to take refuse matter away—I have not had some myself.
MR. THOMPSON. Q. Was this shelf exposed to view? A. No; the side of the bench hangs down over it; you have to put your head under the bench to see it.
Cross-examined. Q. How long has the prisoner been in the employ? A. Since the last week of Dec. 1849—I have been there between eleven and twelve years—the usual working-time is from six to six o'clock, but lately we have been busy, and sometimes worked till eight.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy by the Jury.— Confined Six Months
(There was another indictment against the prisoner.)
ELIZABETH LAMOND . I am the wife of Robert Lamond, of 4, Martha-street. On 29th Jan. I gave Hughes a dozen shirts to carry—I did not know him before—I was to give him 4d. for it—I walked along with him, and when we got to Whitechapel Church he ran away—they were worth 35s.—when they are made up they are worth 3s. 9d. each—I saw the prisoner next day, and asked what he had done with the work; he said he had sold it, and I gave him into custody—the things have all been found except six dozen buttons—these (produced) are them—they were in this wrapper.
WILLIAM CHARLES POTTER (policeman, K 212). I took Hughes, and told him he was charged with stealing the shirts—he said, "I will tell you the truth, I have sold them in Glasshouse-street, Rosemary-lane, for 2s. 3d:"—I said, "2s. 3d., shirts worth 2l. 5s.?"—he said, "Yes"—we went to Glasshouse-street, and I left Hughes there in charge of another constable, while I went to Chamber-street; found Murphy, and told her to consider herself in my custody, on suspicion of buying shirts of a boy which were stolen—she said yes she bought them, and gave 2s. 3d. for them, and another woman promised to give half—I went with her to 4, Glasshouse-street, and there found eight of these shirts made up; and at No. 5, received the other four in a wrapper—Murphy lives at No. 57.
MARY DALY . I live at 4, Glasshouse-street. Murphy left half-a-dozen shirts with me to be made up—I asked who they belonged to—she said, "To Charley, who is saving up money to go to America"—Charley is her brother, not the prisoner Hughes.
Hughes's Defence. She gave me the bundle to carry, and she went one way and I the other.
Clerkenwell, William Hughes, convicted Oct. 1849; confined six months)—I was present—Hughes is the person.
HUGHES— GUILTY . **†Aged 17.— Transported for Seven Years.
MURPHY— GUILTY . Aged 19.— Confined Three Months.
MR. ADDISON conducted the Prosecution.
THOMAS WEBBER . I am a dairyman, at 23, South Moulton-street—the prisoner was servant to a person in the same house, but did not sleep there—she was in the habit of coming to my parlour-door, sometimes two or three times a week, for milk, when the shop was not open—the prisoner left the service on Saturday, 18th Jan.—she had been to my parlour-door for milk that morning—on Monday, 20th, I missed my watch, which I had seen safe on the 19th hanging on the wall right opposite the parlour-door—this is it (produced).
Cross-examined by MR. HORRT. Q. You did not see her after Saturday? A. No; I might have seen her many times in the course of that day—I did not see her there afterwards.
DANIEL O'BRIAN . I am the prisoner's father, and reside at 11, Orchard-place, Portman-square—she lived with me before she went to this place, and after she came away, but not while there—she came on a Saturday; I do not know the date—about the Monday or Wednesday week after she told me that as she was going to her place with her mother, who was on before as she was late, she picked up the watch in Regent-street, after five o'clock in the morning—she brought it home to me that night, and I showed it to every man and woman about the place, as I wanted to get an owner—when the constable inquired I found the owner and gave it him.
Cross-examined. Q. You showed it to a number of persons, and wore it yourself? A. Yes; I spoke of my daughter having found it—I did not keep it concealed at all—she was at home with me on the Sunday and Monday after she left her place—she was out with her mother in the day.
JAMES STRINGER (policeman, C 193). I took the prisoner on 1st Feb., and asked her if she had not stated she had picked up a watch—she made no reply for a minute or two, and then she said she had picked a watch up at the lower end of Regent-street at five o'clock in the morning, when the was with her mother—I took her to the station, then went to the father's and found the watch. (The prisoner received a good character.)
GUILTY on 2nd Count .— Judgment Respited.
THOMAS ANDREWS . I keep a coffee-shop, in St. John-street—the prisoner was in my service six weeks, and left without giving me notice. On 28th Jan., when I went to bed, I missed my watch, two seals, and a key, off the mantel-shelf, which were safe when I got up in the morning—the prisoner was brought by the policeman on 4th Feb.—he said he was very sorry for what he had done—these (produced) are my watch, seals, and key—the prisoner had been sent to my room in the morning—I saw him come down.
pawnbroker. I received this watch on 28th Jan., to the best of my belief; of the prisoner.
JOHN ROBERT AUSTIN (policeman, G 38). I took the prisoner on the 4th—on going to the station, he said, "I shall not give you any more trouble, I pledged it at the corner of Banner-street"—I went there, and found it pledged for 1l.
GUILTY . * Aged 19.— Confined Six Months.
JOHN GOOD . I am a carrier. On 4th Feb. I was taking a hamper from St. James'-street to Tottenham—as I was in the Kingsland-road, about half-past six o'clock, I felt the cart go down in front, and my man jumped down, and caught the prisoner with the hamper, in the act of putting it on the footpath—I gave him into custody—the hamper was behind the cart before, and contained two dozen bottles of ale.
Prisoner. Q. Was there any one else by? A. I did not notice—the rope behind the cart was not cut—the hamper was safe a quarter of an hour before.
Prisoner's Defence. There was about six persons passing at the time, and some of them ran away; the hamper was about two yards before me.
GUILTY . Aged 21.— Confined Three Months.
EDWARD DOWLINO (policeman, B 46). On 4th Feb., the day of the opening of Parliament, I was on duty, and saw a horse fall down opposite the House of Lords—there was a crowd—I saw the prisoner go behind Mr. Phillips; he was covered by two other persons—I saw his hand go towards Mr. Phillips' pocket, but cannot say whether he took anything—he left him, went in and out among the crowd a minute or two, and then darted off—I saw Mr. Phillips looking at him—I ran after him, and caught him at the same time that Mr. Phillips did—Mr. Phillips said, "Give me my handkerchief," or "You have got my handkerchief"—the prisoner said, "I hope you will let me go"—I told Mr. Phillips I was a policeman, and the prisoner darted away, and threw this handkerchief (produced) among the crowd—at the station I took this handkerchief (produced) from his trowsers leg.
JAMES PHILLIPS . I was near the House of Lords on 4th Feb.—a carriage-horse fell down; a crowd was collected, and I missed my handkerchief—a boy pointed out the prisoner—I ran after him, and got up to him at the same time as the policeman—he offered me the handkerchief, and said, "Let me go," or, "Will you let me go"—the policeman took the handkerchief—it is one of these.
Prisoner. Q. Where was I when the lad told you? A. About six yards off, walking quietly; your back was towards me; you ran directly you saw me coming.
GUILTY . **— Transported for Ten Years.
OLD COURT.—Tuesday, February 11th, 1851.
PRESENT—Mr. RECORDER; and MR. Ald. LAWRENCE.
Before Mr. Recorder and the Third Jury.
GUILTY . Aged 25.— Judgment Respited.
579. ROBERT WISHART , breaking and entering a building within the curtilage of the dwelling-house of the Guardians of the Poor of the parish of St. Luke, and stealing 2 lbs. weight of bread; value 2d.; their property: having been before convicted.
MR. HUDDLESTONE conducted the Prosecution.
JOHN HODGSON . I am an inmate of St. Luke's workhouse, and have care of the relieving-office. On the night of 7th Jan., I fastened up the relieving-office—I opened it in the morning at eight o'clock, and found the window of the bread-room broken open—the door leading from the bread-room into the passage was broken; a piece was cut away—the top part of it is glass, which had been attempted to be removed—the putty was cut away—I found a knife on the bread-room floor; that is where they kept the money—I found a razor on the floor, belonging to one of the inmates, and which I had seen in a hat in the bread-room the night before—a third of a half-quartern loaf had been eaten—the prisoner was an out-door pauper.
MICHAEL GAMBLE . I was formerly employed in the stone-yard; the prisoner was employed there also—on Christmas day he came to me, and told me he intended to get into the overseer's office, to get some money—I mentioned it to Mr. Newman, the superintendent of the stone-yard—on 6th Jan., about four o'clock in the morning, the prisoner came to me, and said he had just come from the relieving-office; that when he was paid over night he never came out of the yard, but hid himself in a watering-place until Mr. Legg was gone—that Mr. Legg came to the watering-place within two yards of him, but did not see him—that he then went round to the back-window, removed some broken glass, got into the bread-room, found a razor in a hat, and used it instead of his knife, to cut a hole in the panel of the bread-room door, because it was sharper—that he hang his coat over the hole to hide it from the watchman who came up, and when he was gone he cut the bar down, and then the watchman came again, and he thought it was best to get away, and he got away over the wall—he said he had left his knife, and wanted my wife to get one like it—this knife (produced) is the prisoner's; I have seen him with it.
Prisoner. Q. Why did not you mention this till the fifth time you were examined? A. Because the other inquiries were about another transaction; I told this to Mr. Newman on 8th Jan.
WILLIAM NEWMAN . I am superintendent of the stone-yard. A few days before this transaction, Gamble gave me some information—on the 8th he again gave me information, and I directed the prisoner's shoes to be taken off—I saw them compared with some foot-marks leading from the window to the wall—an impression was made by the side of the marks; they corresponded exactly—one shoe had a broken toe and no heel—the
workhouse is surrounded by a wall—the bread-room opens into a passage, from which there is another door leading into the relieving-office, where Mr. Edwards lives, who is a servant of the Guardians, also a nurse and a porter.
Prisoner. Q. What did you do with my shoes all night? A. They were kept at the station; I made no foal use of them.
HENRY LEGG . I am the relieving-officer. I had occasion to go to the urinary in the yard, at a quarter or twenty minutes to eight o'clock, but I stopped a few yards short of it—money was generally kept in the office, but there was none that night.
(The prisoner, in a long defence, complained of the allowance made to him by the Guardians; having written several letters to them upon that, and other subjects connected with workhouse reform; and stated that the reason the charge was pressed against him was because he had complained of the Guardians' ill-using the inmates, especially lunatics.)
WILLIAM CHAMBERS . I produce a certificate of the prisoner's conviction from Mr. Clark's office—(read—Convicted, June, 1843, of burglary in the City of London Union, and confined six months)—he is the person.
GUILTY . ** Aged 24.— Transported for Seven Years.
THE COURT considered that the document was not an undertaking, and directed a verdict of
NOT GUILTY .
MR. EWART conducted the Prosecution.
REBECCA ANN FIRLD . I am the wife of Thomas John Field. On 21st Jan. the prisoner came to me for some materials to make shirts—she brought this paper, as security for it—(read—"I am willing to go bail to the amount of 10s. for Mrs. Wyatt. 1, Glasshouse-street, Jan. 21, 1851. JOSEPH BRYANT")—in consequence of that I let her have some print, enough for twelve shirts, and seventy-two buttons—I sent my daughter to Mr. Bryant's to make inquiries; and in consequence of what she told roe, I went, and found the prisoner in a public-house in Rosemary-lane—I gave her in charge—some similar buttons were shown me at the station.
JOSEPH BRYANT . I live at 1, Glasshouse-street. The prisoner has been lodging with me for five weeks—she has not asked me to become security for her to obtain work—I know nothing about this paper—I did not authorise anybody to write it.
Prisoner. Q. How long is it since you came out of the House of Correction? A. I do not know; I was there five weeks, for getting drunk, and assaulting the police.
in my charge—she was searched by a female, who gate me some buttons, in the prisoner's presence, and said she found them on her—the prisoner said, "They are part of Mrs. Field's buttons."
Prisoner's Defence. That is not the first paper I received from him to get work; he gave a halfpenny out of his pocket to buy the paper, and went to a shop for pen and ink, and told me to write it; I have every reason to believe he is the person who had the shirts; I paid him 6d. a night for thirteen nights, I have not a friend in the world.
JOSEPH BRYANT re-examined. The prisoner and her husband paid 3s. a week for their lodging—I did not see her write this paper, or tell her to write it, or give her a halfpenny to buy the paper—I am a carpenter by trade, but am now a dock labourer.
NOT GUILTY ,
GUILTY . Aged 21.—Recommended to mercy.— Confined Two Months
MESSRS. COCKLE and BIRCH conducted the Prosecution.
JOHN HAEVEY (policeman, G 14). On 16th Jan., about half-past ten o'clock in the morning, I saw the prisoner, whom I had known for twelve months, in Lower Rosoman-street, Clerkenwell, with Johnson and Clayton, whom I knew by sight—I and Reeve followed them to the Grapes public-house, Albemarle-street—they were in conversation together—the prisoner had a very shabby hat—the others had nearly new ones, apparently—this is one of them (produced)—it is not much worn inside, I think it is an old one dressed up—we were in plain clothes—they all three went into the Grapes—I got a third constable, stationed him at the door, and went into the parlour with Reeve—the prisoner and the two men were there—Johnson was sitting in a chair, and the prisoner and Clayton were talking to him—the waiter was sweeping the room—I said, "Good morning, gentlemen"—they said, "Good morning, master," and Johnson got out of the chair, and they all three moved towards the parlour door—the prisoner had no hat—they passed me, and I followed them—I knew they could not get out—I searched them all three at the door, but found nothing on them—I said to the prisoner, "Where is your hat?"—he made no answer—I said to the constable, "Don't you let either of these persons go while I search the room—I said to the waiter, in the prisoner's presence, "Where is that man's hat?"—he said he did not know—I found it behind a table, close to where Johnson sat, and within three feet of where the prisoner stood, with this blue hand-kerchief in it, containing a great quantity of plate (produced)—I went to the door, and missed the man without his hat—the other two were taken in charge, and I searched every room for him but that in which the land-lord was asleep—the other two men were locked up, but discharged the same night by Mr. Thirwett, at Clerkenwell—the prisoner was afterwards taken—I examined the premises, and found that, without passing the constable, he could get over the privy into the next house, the door of which is always open, and so into the street.
Cross-examined by MR. RIBTON. Q. What is the Grapes public-house? A. A pugilist, named Parker, keeps it; it is a sporting house—I told him he must go to the station with me, hut he was not charged or locked up, hut was made a witness of—Jackson had got a black eye.
JOHN REEVE (policeman, A 424). I was with Harvey—I followed the prisoner and the others into the Grapes—I had known him six or eight months, and before that by sight—Clayton was dressed as a countryman, and had an old hat on—the prisoner's hat was apparently new—Jackson's was a silk Paris napped hat—I have fitted this hat (produced) on the prisoner; it fits him—when he was taken, next day, he had another hat, older than this.
Cross-examined. Q. When did you next see him? A. Next day, in Brannan's custody; I know the waiter at the Grapes; he was taken down to the station, not charged, but taken to the Court as a witness—I did not see the prisoner escape from the Grapes—I was at the door with Jackson and Clayton—I am sure he had a hat on when he went into the room—the house is used by sporting men, rat killers and sparrers— there was no one there but the prisoner and the other two.
CHARLES FRANCIS HICKS (policeman, D 439). I was called by sergeant Hicks, and saw three or four men in the parlour of the Grapes—one of them was given into my custody—I saw no one escape—I could not see who was in the parlour—I was stationed outside—I am certain no one went out at the front door.
HSNRT FRATER (City police-sergeant, G 95). On Thursday morning, 16th Jan., I was near the ruins by Field-lane, about a quarter to eleven o'clock, and saw the prisoner running without a hat from Peter-street towards Field-lane—if he took one of the cross turnings, Peter-street would be in the direction from the back of Albermarle-street—he shunned me as soon as he saw me—I took particular notice of him, went to the station, and gave his description to the inspector.
Cross-examined. Q. You are not there now? A. No; I left since this occurred—there were some little suspicions against me about it which caused me to leave—I have worked in Cheapside and Shoreditch, and through a little influence I got a ganger's situation in the London Docks—I remained there ten months, and gave it up through slackness, and then went to the Grapes—I had been a potman before at the Pied Bull, Islington, for four months—that was two years ago—gentlemen ratkillers, and a few fighting men, come to the Grapes—I have never been charged with anything before, on my oath—I was before a Magistrate for an assault, and once on suspicion when I had a moving job, and employed two or three men to assist me, and a bundle was missing—I was discharged at once—those are the only times—I am not doing anything at present—I lost a place last week through being compelled to be here—it is three weeks since I left the Grapes—since then I have been living at the Queen's Head, Islington.
COURT. Q. Did you take that plate into the room, or that hat? A. No; the hat is not mine.
heard that he it not living—his name is John—I live in the house—I identify these articles—they are worth about 5l. 10s.—I last saw them on 15th Jan., about five o'clock—the cloth was laid, and they were on the table in the back parlour—they could be seen there from the street—I returned in two or three hours and missed them.
Cross-examined. Q. How many servants have you? A. One; she has lived with me nearly six months—the plate had only been used four or five months—they are electro-plated—here is the bill of them, which came to 7l. 11s., including a clock, which cost 1l. 5s.
SARAH BERRY . I am servant to Mrs. Mellor—this plate it hers, On 15th Jan. I cleared the table about half-past five or six o'clock, and put the plate in the plate-basket in the back parlour—I beard coaches going by louder than usual, and found the hall-door open and the plate gone, tablecloth and all.
Cross-examined. Q. Are you sure the door was fastened? A. No, but I thought I fastened it.
JAMES BRANNAN (police-inspector). I took the prisoner on 17th Jan., about half-past two o'clock, in Norton-folgate, in the street, and told him the charge—he struggled to get away, but could not—I examined the premises at the back of Albemarle-street—there is a privy in the yard, about six feet and a half high, the ledge of the area and the window-sill form a complete ladder to get on to it—a man could then get into the adjoining house and get away without any difficulty, (Upon the plate being tied up in the handkerchief and placed in the hat it filled it, so that it would be impossible for the hat to go on.
GUILTY of Receiving, Aged 22.— Transported for Seven Years.
NEW COURT.—Tuesday, February 11th, 1851.
PRESENT—Sir WILLIAM MAGNAT, Bart., Ald.; Sir JAMES DUKE, Knt., Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. WOOLLETT conducted the Prosecution.
HENRY BLUMDELL . I am a messenger of the Bankruptcy Court I know the prisoner well—I have seen him at that Court—I do not know that he had any occupation these—I never saw him engaged, but have seen him there repeatedly—I saw him there on 7th Jan.—Mr. Tebbitt, a bankrupt, was under examination—I saw the prisoner nearly the whole of the examination, and at the close of it I saw him leave the Court in a hurried way with a coat on his arm—he had a coat on then, the one that I had always seen him in, a surtout.
Cross-examined by MR. COCKLE. Q. He did not wait till the conclusion of the case? A. No; it was a dark coat that he had—I saw him at the Court again on the Friday week following, as before—I had been acquainted with his appearance some few months—I do not know that he attends bankrupts' sales—he has generally been at bankrupts' examinations—the people were not all leaving at the time he did; they left soon after—I did not see him come in that morning.
GEORGE RUSSELL (City-policeman, 34). In consequence of information I went to the Bankruptcy Court—I found the prisoner there—I followed him to Westminster-road, and from there to St. James's Park—I there stopped him, and asked if he was in the habit of visiting the Bankruptcy Court—he said, "Yes; he was in the habit of visiting a great many places"—I said, "You have been there this morning"—he said, "I have"—I said, "Do you remember being there about a fortnight ago, and taking a gentleman's coat away by mistake?"—he said he had not—I said, "Do you recollect taking a coat away at all, under any circumstances?"—he said he had not—I told him a gentleman had seen him take away one, and he had better come back to the Bankruptcy Court, and have the matter explained—he said, "I will go with you"—he went a short distance, and then said he should not go any further without I took him into custody—I said, "You may consider yourself now in custody"—I asked him his address—he said, "I shall not give you my name; I will tell the Magistrate my name—he was taken before the Magistrate, and he asked him to go back to the Bankruptcy Court, and he did—Mr. Blundell told him he had seen him that day fortnight when a bankrupt named Tebbitts was under examination, and he had seen him leave the Court with a coat on his arm—he told Mr. "Blundell he was mistaken—he said, "I am not mistaken, I know you so well"—he asked Mr. Blundell to retract what he had said—he said he could not because it was the truth—he said, "I implore you to retract"—he said he could not, and I took him to the station—I found on him three duplicates—one of them relates to a coat, but not the coat in question—he said he lived at I, Middleton-square, Clerkenwell, and was taking care of the house for a lady—I went there, and found seven more duplicates relating to waistcoats, handkerchiefs, umbrellas, and other things.
Cross-examined. Q. Did he say he was sole occupier? A. He said he was the only person in the house—he told me be was in the habit of attending bankrupts' sales, and of purchasing at Debenham's—I have been there, and ascertained that he was frequently there, but not that he had purchased—I found these duplicates down in the kitchen, with a great many other papers.
MR. WOOLLETT. Q. Did you find anybody else in the house? A. No; and the key the prisoner had opened the door.
JOHN HARDY (policeman, S 205). I searched the house, 1, Middleton-square on 27th Jan.—I found three duplicates in a room occupied as a bedroom, behind the screen of the fireplace—one relates to a coat pawned for 5s., and another to an umbrella—they were concealed—I removed the screen, and found them.
SAMUEL BUTTON . I am assistant to a pawnbroker, in Brewer-street, Golden-square. I produce this coat, pawned on 7th Jan. for 5*.—I do not know by whom—this is the duplicate I gave—it corresponds with the counterpart that I kept.
Cross-examined. Q. Do you know the prisoner? A. No; this coat is worth 8s. or 10s.—I think it was pawned between two and three o'clock.
BENJAMIN TEBBIT . I reside at the Isle of Wight. I was examined as a bankrupt on 7th Jan.—I lost this great coat on that day, between two and five o'clock—there was some money in it; I think from 6s. to 8s.
Cross-examined. Q. How do you know this coat? A. By the cut of
it, and by some repairs that I had done to it under the arm—my examination began about half-past one—I was there three or four hours—I think I left the Court about six—that was the close of my examination.
JURY to HENRY BLUNDELL. Q. What time did the Court break up on 7th Jan.? A. I believe the examination terminated about four o'clock—Mr. Tebbitt had several examinations—the last was not over till seven—I saw the prisoner standing against the wall—I was afterwards informed by the bankrupt that his coat was put over the partition—it is about a mile and a half from the Bankruptcy Court to the pawnbroker's.
(The prisoner received a good character.)
GUILTY . Aged 54.— Confined Three Months.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Tuesday, February 11th, 1851.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Sir JAMES DUKE, Bart, Ald.; Mr. Ald. LAWRENCE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
MR. O'BRIEN conducted the Prosecution.
EDWARD SCARFE . I keep the White Bear public-house, Berwick-street The prisoner came into my service last Sept—he borrowed 5s. of me—on Sunday night, 27th Jan., in consequence of some circumstances, I marked four shillings, and gave them to Mount—on 39th I looked into the prisoner's box, which was in his room unlocked, and there found 4l. 9s. 6d., being an increase of 7s. from the day before, and one shilling was a marked one—I sent for a policeman, called the prisoner into the parlour, and said to him he had wished to go out for a day's holiday, but that I required to be satisfied of his honesty first—he said he was honest, or something to that effect—he answered the policeman—I went up with him and Mount to the prisoner's box; but I will not undertake to say whether the marked shilling was shown him—I was not present all the time—this is the shilling (produced)—it is one of those I had marked.
Cross-examined by MR. PATNE. Q. Did you put the shilling in again after you had taken it out? A. Yes; the policeman told the prisoner he wanted to look into his box—the prisoner said he had no objection—previous to that, I had asked him what money he had in his box, and he said 4l., which his uncle gave him—I never saw his uncle at my house.
JOSEPH MOUNT (policeman, C 3). I saw Mr. Scarfe mark four shillings, which I gave to Sudikates—I was sent for on the Wednesday, and asked the prisoner if he had any money about him, he said, "No, only a few halfpence"—I searched him and found a few halfpence—I asked him if he had any other money—he said he had 4l. up in his box—I asked where he
got it—he said, "I had it when I came:" and Mr. Scarfe said, "No, you could not have had it when you came here, because I lent you 15s. to get a pair of boots with"—he then said, "I had it from my uncle about a month ago"—we went up-stairs, searched his box, and found 4l. 9s. 6d., among which was the marked shilling produced.
Cross-examined. Q. Where is the mark? A. Under the nose and ear, on the Queen's head side, and in the "O" on the other—I put a mark on it myself after receiving it from Mr. Scarfe.
CHARLES SUDICATES . I live at 3, Rupert-street. On Monday, 27th Jan., I received four shillings, marked, from Mount—I went to Mr. Scarfe's, and bought a pint of brandy and some rum with them—I paid the prisoner the four marked shillings and a sixpence—this shilling is one of them.
(The prisoner received a good character.)
GUILTY . Recommended to mercy by the Jury and Prosecutor.— Confined Three Months
MR. PLATT conducted the Prosecution.
ALFRED JAMES KITCHEN STARLING . I keep a grocer's shop, at 176, Upper Whitecross-street. I occasionally employ Caulfield, and did so on the evening of 1st February—in consequence of suspicion, I had some money marked on the edge with a slight scratch, and put it into the till about five o'clock—there were four half-crowns, and five shillings, all marked—Caulfield came about half-past five—there is only one till, which is common to all the shop—I saw the money safe about eight—there were twelve half-crowns, including the four marked ones—I shortly after received a communication from Mr. Stanley—I went into the shop and found the prisoner in Brannan's custody, who produced two shillings and fourpence or fivepence—Brannan counted the money in the till in my presence, and there were still twelve half-crowns—Caulfield said, "I am innocent, pray don't press the charge"—Brannan produced two shillings to me, one of which was one of the marked ones—at the station, Caulfield said, "We are all liable to mistakes; I made a mistake last Saturday, which you rectified; I may have mistaken the woman's money for a half-crown."
Cross-examined by MR. PAYNE. Q. When you left the shop, you did not examine to see whether the half-crowns were marked? A. No.
WILLIAM HITCHCOCK . I live at Featherstone-buildings, Holborn, and am an engraver. Last Friday week West brought me four half-crowns and five shillings, which I marked on the edge with a graver, and returned to him—this shilling (produced) is one of them.
WILLIAM WEST . I am shopman to Mr. Starling. I left a parcel, containing money, at Hitchcock's—on the night of 1st Feb., about eight o'clock, Burge came to the shop and asked Caulfield for half a pound of sugar; he served her; she put down a shilling—I am sure of that—Brannan immediately came in, caught hold of Burge's arm, and asked her to let him see what change she had—I saw her turn her pocket inside out, but did not see what it contained—I believe no one had come to the shop between the time of my master leaving it and Burge coining—I did not see any one pay a half-crown during that time.
Cross-examined. Q. Do you mean to swear from the time your master
went out till you fetched him again no one came into the shop? A. I think not—I was at the end of the counter—it is about four yards long.
GEORGE STANLEY . My uncle keeps a butcher's shop next door to Mr. Starling. On this night, between half-past five and eight o'clock, I saw Barge go into Mr. Starling's three times—the last time was about eight—the was followed in by Brannan—I went in also—she denied baring been there before—I said I was positive of it, I was watching her.
JAMES BRANNAN (police inspector, G). I went into the shop and taw Caulfield push half a pound of sugar across the counter—he then took some half-pence from the drawer, among which I saw a shilling, which be dropped into Barge's hand, who immediately put it into her gown-pocket—he after-wards took another shilling out of the drawer, looked towards the end of the counter where West was, and dropped that also into her hand—I then said to her, "What have you given this man?"—she said, "A shilling"—I am positive that was her answer—I seized her hand, and took a shilling from it—I told her to turn her pocket out—she did so, and there was another shilling, and fivepence in copper—this (produced) is the one that was in the copper, and the other I took from her hand—after Caulfield had seen me take the halfpence and shilling, he said, "You gave me a half-crown, did you not?"—she made no reply—Mr. Starling came in at that time, and said, "If she gave him a half-crown there must be thirteen in the drawer, for I left twelve there"—I then went with Mr. Starling, to the drawer, and saw him count twelve—I swear there were no more.
Cross-examined. Q. Were you in the shop when Caulfield gave Burge the money? A. Yes, close to Burge, looking over her shoulder—I must have touched her—I saw Caulfield packing the shillings up between the halfpence in his hand—I saw the edge—there was do one in the shop but the prisoners, the shopman, Harvey, who is another constable, and I. Burge. The shilling was to pay for two ounces of tea. Witness. I saw no tea, and did not hear any asked for—if the order for tea was given after the sugar, I must have heard it.
CAULFIELD— GUILTY . Aged 42— Confined Six Months.
BURGE— GUILTY . Aged 21.— Confined Three Months.
MR. THOMPSON conducted the Prosecution.
ALFRED SORRELL . I live at 5, Charles-street, Commercial-road, and assist a bricklayer. I have known the prisoners four years—on 13th Jan., I saw Mrs. Krumrey at the corner of Greenfield-street, and saw the prisoners take a kind of box from her pocket—I was going towards them, and they ran away—Austin came back again, looked at me, and spit in my face, and said, "What do you want looking at me?"—Mrs. Krumrey came back, looking for her pocket-book—I told her what I had seen, and caught Austin—he said he had got nothing.
Cross-examined by MR. PATNE. Q. How old are you? A. Eighteen; Austin is about fourteen—he called me a logger; he has often called me
so—I did three days and a-half's work at bricklaying six weeks ago, and before that I did three or four months' work—I was in Coldbath-fields prison once for six months, for stealing rice—I do not know where I was tried—it is four years ago—I have never been in prison at any other time—I swear I have not had three months from the Thames Police-court for stealing some sugar out of a cart.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
GEORGE FOWLER . I am in the service of Charlotte Armstrong, who has a little shop in Philpot-street, which I am in. These two brushes (produced) are her property—I missed three of them on Tuesday night, 28th Jan., from a stand alongside the door.
Cross-examined by MR. PAYNE. Q. Did you go to George Austin's place? A. Yes; on the 29th I saw these brushes there—I did not send for a policeman.
Cross-examined. Q. Where were you? A. On the other side of the road—I followed them, and saw them go to George Austin's—I saw the brushes outside Austin's house next morning—I then gave information to Fowler—I did not give any information before—I went for a policeman, but they had got two before I got back—I never had fourteen days besides the six months—I have never been taken up for anything since I came out of prison.
JOHN ACKERMAN (policeman, A 450). On 29th Jan., in consequence of information, I went to George Austin's, in Oliver-street, Commercial-road, and found two Dutch ovens and these brushes—I found Austin's wife there, and four boys down in the cellar—Lovell pointed out three of them, Neil, Goldsmith, and Thomas Austin—I afterwards found George Austin at Mr. Johnson's auction-rooms in the city, and told him I wanted him to go with me, and told him what I had found in the house—he said he and his wife had bought them together—I mentioned the brushes and Dutch ovens—he did not say which of them bought them.
Cross-examined. Q. Did not he say he and his wife bought the things of different parties, he could not tell who he bought them of; that when he was out, his wife buys? A. Yes; I never bad any of the boys in custody.
CHARLES JAMES CHILDS (policeman, H 24). I went with Ackerman to George Austin's, and found the two brushes and an American oven on a board outside the window—I found George Austin's wife there, and the boys down in the cellar—I took them—George Austin told me he bought the brushes and two Dutch ovens of some boys who played in the neighbourhood; he and his wife bought them together.
Cross-examined. Q. He did not say he and his wife bought them when they were together? A. No, some one and some the other—he said neither of the boys were the persons, and that Thomas was his son—I have never had either of the boys in custody.
(The prisoners received good characters.)
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . †** Aged 28.— Transported fur Seven Years.
MR. HUDDLESTON conducted the Prosecution.
JAMES KAYESS . I am manager to Mr. John Tucker, silk printer, of the Abbey Mills, West Ham. In Oct., in consequence of information, I missed some silk handkerchiefs—this handkerchief (produced) is Mr. Tucker's—it is not in a state in which it is allowed to go out of the premises—we never sell handkerchiefs in this state—the prisoner was employed on the premises to the time of his being taken up—in June last his work would take him to the drying-room where the handkerchiefs were kept when in this state—he had no business to take any of them—after being dried they are glazed—this has not been glazed.
Cross-examined by MR. WORSLEY. Q. I glaring all that it requires? A. Yes; if a handkerchief was washed, sufficient of the glazing would remain to tell it had been glazed, till the colour had begun to go—it would require several washings to deprive it of its present colour—glazing would not alter the colour—the quality of the handkerchief would not affect the remaining of the glazing—the colouring of this handkerchief would not wash out quicker than that of a thicker one—if the handkerchief is weakened by several washings, the colour would go, but not to the tame extent as the silk—we have 500 or 600 people in our employ—we have lost 200 or 300 handkerchiefs in lengths of five or six, about thirty or forty pieces—this one is worth 3s. as it is—there are six or seven people employed in the drying-room—one other person is charged with stealing handkerchiefs.
Cross-examined. Q. Had you ever seen it before? A. Not to my knowledge—we have had several like it.
Cross-examined. Q. What are you? A. I wash for Mrs. Day, a laundress. I have nothing to do with the things except the washing—I sometimes dry them in my room; there are no handkerchiefs, I only wash body linen—my husband is a dock labourer—I have four children—I know Hicks, he is about twenty years old—he has been at my house sometimes—he keeps company with one of my daughters.
and 1s. 5d.—I took the handkerchief out of pawn at Mr. Crawler's, where Eccles is shopman, and hemmed it for Hicks—I gave it to my mother—this is it—my work is on it.
Cross-examined. Q. Where do you work? A. At Mr. Bell's, waxworker, at Stratford—from fifty to 100 boys, girls, and men work there—I stay there till eight o'clock—it is not two minutes' walk from my mother's—Hicks is my sweetheart.
JURY. Q. Did you ever work at this silk factory? A. Yes; as a stone-mason's labourer—I had nothing to do with the handkerchiefs—I did not have access to the room where they were—I was employed there four years ago—I never saw the handkerchief before Styles sold me the ticket.
Cross-examined. Q. What are you? A. I have no work—I was employed at Mr. Tucker's three or four months ago—I left because they had no work for me—my mother and father are here—I live with my grandmother—she goes out charing of a morning—while she is out I am along with Mrs. Ward selling chips about the streets—I never go out in the evening—I gave 9d. for the ticket, and sold it for 1s.—I very seldom play with other boys—I am sixteen years old—I never had the handkerchief at all.
Cross-examined. Q. What did you give for it? A. 2s.—I pawned it for 1s. 5d., and sold the ticket for 9d.—I have worked at Mr. Nial's chemical factory, Stratford, fourteen months—I have known the prisoner five or six years.
JAMES KAYESS re-examined. This handkerchief has been printed about nine months—we did not print this pattern before—we printed hundreds of them—we sometimes send damaged handkerchiefs to London, but they are treated in the same way as the others—we never send them in this state.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
JAMES KAYHSS . These two handkerchiefs (produced) are Mr. Tucker's property—they are unglazed—we never sell them in that state—these are worth 3s. each—the prisoner was employed in the room where they were being dried—I know them by the design and appearance—the designs are copyright.
THOMAS MORRIS . I work at Old Ford. I bought two pawn tickets of the prisoner, and sold one of them to Fisher—the prisoner got the other handkerchief out of pawn for me, and I afterwards gave it to Taylor.
JOSEPH HOLDEN (policeman, K 427). I took the prisoner, and asked him whether he had sold the ticket of a handkerchief to Morris—he said he had—I asked him whether he knew Fisher—he said, "No"—I asked him why he had kept out of the way so long—he said, "Would not you? I have been out of the way and got work for three months, and now I have come back, I thought it was all over."
JAMES KAYESS re-examined. I believe the prisoner has been out of our employ eighteen months—I cannot say when these handkerchiefs were printed—this style has been printed by us two or three years—I cannot say whether the prisoner was with us when these were in the drying-room.
Prisoner's Defence. I found the tickets; I went down into Lancashire, and got work at my brother's.
(The prisoner received a good character,)
NOT GUILTY .
Before Russell Gurney, Esq.
GUILTY . Aged 24.— Confined Two Months.
MR. THOMPSON conducted the Prosecution.
JOSEPH PENTON (policeman, K 381). In consequence of information I took the prisoner on 9th Jan., at the King of Prussia, Stratford, and told him it was on suspicion of stealing the pair of trowsers he had on under his others—he had two pairs on—he said he bought them in Rosemary-lane—I asked if he could show me the shop—he said, "No, he bought them of a man who was carrying things about on his arm."
Cross-examined by MR. METCALFE. Q. Did you search his house? A. Yes; I found nothing—he is a bricklayer—I have known him some time—I know nothing against his character.
CHARLES SMITH . I was potboy at the King of Prussia, and left about three months ago—these trowsers are mine; they were stolen from my box when I was there—the prisoner was in the habit of coming to the King of Prussia.
Cross-examined. Q. There were some other things lost at the same time from the box? A. Yes, a waistcoat, handkerchief, watch-guard, and hat, blonging to John Smith, a friend of mine—some of those things were found twenty-one miles down in Kent.
(The prisoner's statement before the Magistrate read. "I have got nothing to say; he knows very well I did not steal them.")
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
and corn mixed—the chaff consists of wheat and oat-straw and wheat eavings—he cuts it with a machine, and mixes it with the corn in the nose-bag. On Wednesday evening, 8th Jan., I saw him preparing the food and putting it into the bags—there were generally four bags, and one sack besides—I afterwards saw some chaff produced before the Magistrate; it was the same sort as that cut up on my master's premises—there was no corn with it—he had no business to take it unmixed—the sack was Mr. Mihill's—there was sufficient for the journey of that which was mixed.
Cross-examined by MR. PARNELL. Q. Where was Watson going on this day? A. To London, for a load of dung—Mr. Mihill's is twelve miles from Whitechapel—Watson bad to start about three in the morning—I saw him just before he started on this day—he generally got back between six and seven—the horses would be out all that time—he was allowed two bushels of corn per horse per week, and might take what chaff he wanted in reason—he was not limited—he used to mix it for himself—he had no business to take it unmixed—I had not told him so—it would not be good food for the horses without corn—I do not think horses could eat chaff alone—we cut our own chaff—it would not be very easy to buy it—the White Hart is in the green-lanes, on the road to London—this is a better road, but I believe it is longer.
Watson. When I had any left I took it home before your face. Witness. I never saw you bring any back; you never gave me any.
JOHN WILSON METCALFE (policeman, K 142). On 9th Jan., about four o'clock in the morning, I was on duty at Chadwell, in the parish of Barking, and saw Watson with a wagon and horses—he stopped at the White Hart, which is kept by Saxby—I watched him—he took out a sack and put it on the ground—(I measured it afterwards; it contained ten pecks of chaff)—he took it into the stable—Saxby was standing at the stable-door, and took it of him—I heard him say, "Here is a bait of chaff"—I did not hear Saxby answer—he untied the mouth of it, shook it up in his hand, and, as I walked in, he was in the act of placing it behind the door—I was in my uniform—I asked him what the man had brought in—he said, "Nothing"—I said, "He has brought in this sack and its contents, and I must see what it is"—Saxby said, "It is only a bit of chaff, for my sake don't say anything about it"—I went to Watson; he was just coming out of the door, and I asked him what he had taken in (he had passed me as I was going into the stable)—he said he had not taken anything—I said, "You took it this sack and its contents"—I showed it to him—he said, "It is only a bit of chaff, don't say anything about it; let me go after some dung, and I will call here after some dung as I come back"—I told him I must take him into custody—I looked into the wagon; there was another sack there full of corn and mixture—it was in a large bag—there were four new bags besides; they were full, and a large bag of mixed food for horses; corn was mixed with it—there were nose-bags there also—I showed the chaff in the bag that I saw him take to Saxby, and the chaff and corn in the bags, to Woolmore before the wagon went away—we sent for him to the station.
Cross-examined. Q. You were in uniform, on duty then? A. Yes; I did not know it was Mr. Mihil's wagon till I examined it—I knew Watson—I had seen him pass there of a morning, and had frequently spoken to him—the wagon did not pass me before it got to the White
Hart—I was standing behind a tree—another officer pasted it—I put my light out, and they could not see me—I am not on duty there in the afternoon or evening—Watson told me, on the way to the station, that it was a little bit of victuals be bad left there in the morning for the horses to have in the evening when they came back—I believe I told the Magistrate that Saxby said, "It is only a little bit of chaff, don't say anything about it"—(the witness's deposition being read did not contain the statement, or that Watson took a handfull into his hands to see if it was chaff)—I believe I mentioned it—I did not think of mentioning it to the clerk when my deposition was read over—the sack was in the same state before the Magistrate which bad the chaff in it—it was tied round the mouth with a string—it was untied when I went in, and I took it from behind the door and tied it up—the string was lying on one side of it—I should say there were about four bushels in it—when I had taken Watson I came back and fetched Saxby—he went with me willingly—the Magistrate let him out on his own recognizances—he was afterwards admitted to bail, and has surrendered this morning—I did not go into Saxby's house—I believe his son was present—I know Burchwell by name—he assists Saxby in his business—I do not recollect seeing him there—Saxby has a wife and children—it is a well-conducted house, as far as I know.
MR. HUDDLESTONE. Q. Have not you had orders to watch the house? A. No; I have had orders to watch persons going there—my beat is very large, it takes me three hours to walk it—my brother-officer who passed the wagons had left me when we heard it coming; he went to meet it, to bid him good morning, and I to get behind it to see what be did—he passed on as if he was going away from the wagon and away from the White Hart—I mentioned these circumstances to the clerk when he was taking them down, Mr. Anderson, the governor's son.
WILLIAM REEVE MIHILL . I am a farmer, of Dagenham, and the master of Watson; he had no business to stop at the White Hart to bait—it if only about three miles or three miles and a half from my house—he ought to have gone by the great road, which is much the best—I was not at home at the time, and did not see the mixture.
Cross-examined. Q. Had you given him any particular orders not to stop at the White Hart? A. No, but he had no business to stop so near; they usually stop at Stratford—the men do at times stop three or four miles from home—Watson started at three o'clock in the morning—it would take him something less than an hour to go three miles and a half or four miles—if he stopped to get refreshment, he had no right to bait—I never knew it to be the case for carters to leave a bait at the house at which they stopped in the morning, to give their hones on their return—I have taken up a cart myself, but have never done that, nor stopped so near home—I should not expect a man to bait within three miles of home when he was coming back—there was no corn in this chaff.
Watson, I have carried chaff to Romford with me when I have had no corn, and the horses have eaten it. Witness. He had no right to do so, and he did not do it to my knowledge—he used to go to London three times a week generally—I have found fault with him for not taking the nose-bags—about four bushels of mixed food is quite enough for the journey, besides the four nose-bags.
JOHN WOOLMORE re-examined. The policeman showed me two sacks at the station, one of chaff, and the other about four bushels mixed food—there was enough of the mixed food to feed the horses on the journey to London and back.
Watson's Defence. I only took for my horses.
MR. PARNELL called
THOMAS SAXBY . I am the prisoner's son, and am fifteen years old. I help him in his business—he has had that public-house nearly two yean—I know Watson; he was always in the habit of stopping at my father's house on his way to London, generally about four o'clock in the morning, and again at night, to give his horses the victuals he had left in the morning—he used sometimes to leave mixed victuals in a sack, which he sometimes put in the shed, and sometimes in the stable—when he has done so, he has always returned for it in the evening—he used to put it in the nose-bag when he has come from London with a load of dung, and would have a pint of beer for himself and pay for it—he always gave the food be left, to his horses himself, and looked after them.
Cross-examined by MR. HUDDLLESTONE. Q. Did you know of your father being taken up before the Magistrate on this charge? A. Yes, at Stratford; he was there twice, and was remanded on his own recognizances—I was not examined—I went on both occasions—an attorney appeared for the defence—my father kept a horse at this time, and was cleaning it to go up to London on this morning—I was in-doors when the policeman came—I only had to draw the beer and take for it—nobody was there but me—Watson sometimes gave his horses nothing but chaff, and sometimes a little mixture—I was always there when he came, as I bad to draw the beer—I always noticed particularly that he took away the same corn that he took—I felt it my duty to watch and see that, that there might not be the slightest suspicion against my father.
WILLIAM BRICKNELL . I am Mrs. Saxby's brother; I help Saxby in hit business; his daughter, aged nearly twenty, also assists him; his wife is too ill, she is confined to her bed—I know Watson; I have seen him call at the house several times—I am not up early enough in the morning—I have seen him when he came homeward in the evening, and he has gone and fetched a parcel out of the stable or shed, which are close together, put it into the nose-bag, and given it to his horses—he has then taken it off, put it into the wagon, and gone off—he has watched his horses with a crust of bread in his band, and he would come in and have a pint of beer, and pay for it—I never saw him have anything which he did not pay for.
Cross-examined. Q. How used you to assist Saxby? A. In seeing after horses which came to the door, feeding them, and seeing that they did not go away—they find their own hay, but if a gentleman came with a chaise we should find it—Saxby has no horses now; he had two; one was in the stable—I board in the house, and Saxby keeps me, and gives me my food for nothing—I have lived there since Sept.—I used not to go and look what stuff was in the nose-bags.
(Saxby received a good character.)
NOT GUILTY .
MR. J. PAYNE conducted the Prosecution.
JOHN SMITH . I was potman to Mr. Butler, at the King of Prussia public-house, at West Ham. On a Saturday evening, at the end of Aug., I saw Mahoney at the house—my bedroom was on the ground-floor—the window looked into the yard—I had in that room a pair of trowsers, a waistcoat, a hat, two handkerchiefs, and a watch-guard—I went to bed at half-past twelve o'clock, and missed these articles—I had seen them safe that morning, not afterwards—there is a passage from the bar to my bedroom, and a passage to the bedroom window in the yard—anyone could get from that window into the yard.
Cross-examined by MR. WOOLLETT. Q. How many servants has Mr. Butler? A. Two men and two females; there were a great many people at the house that day.
THOMAS SPICE . I live at yawley. About lour months ago, or a little better, I saw the three prisoners, and young John Mahoney with them, at Mr. Chittenden's beer-shop, at Yawley—they had a hat which they were wanting to sell—they were all talking—I offered Mahoney 2s. 6d. for it—he refused to take it—afterwards young Mahoney borough it back—I took it, and kept it till I gave it to the officer.
WILLIAM CHITTENDEN . I live at College-street, Yawley, in Kent. I recollect the prisoners coming to my house at the latter end of Aug., or the beginning of Sept., with Flynn and Mahoney junior—they brought a hat, and wished me to get up a raffle for it—I refused—about a week afterwards M'Donald offered me a plaid waistcoat—he wanted half a crown for it—I took particular notice of it, but I did not buy it.
NOT GUILTY .
Before Mr. Common Serjeant.
JONES pleaded GUILTY . Aged 24.— Confined Twelve Months.
MR. WORDSWORTH conducted the Prosecution.
JOHN THOMPSON . I keep a beer-shop at West Ham. On 22nd Jan. I saw the two prisoners at my house, about half-past six o'clock in the evening—they asked for a pint of ale, which I supplied them with—they paid for it with a shilling—I gave the change to Cartwright, and put the shilling into my pocket—I had no other shilling there—after they were gone, my wife said something to me—I took the shilling out of my pocket, and found it was bad—I gave information to the police—I marked the shilling at the station, and gave it to the policeman—I cannot say which of them gave me the shilling—while I drew the ale it was laid on the counter—they came in together, and went out together.
ZACHARIAH GIFFORD (policeman, K 384). On the evening of 22nd Jan. Mr. Thompson gave me information—I found the prisoners in High-street, Bow—Cartwright was pointed out to me first, and soon afterwards Jones joined her—Cartwright gave up two counterfeit shillings, and other money.
was brought to the station—I asked her if she had any objection to show me what money she had—she said, "None"—she put her hand into her pocket, and produced, amongst a quantity of halfpence and silver, these two bad shillings—she said she was led away by the female, whom she had only known a week—during the conversation, Jones came to the station, and said she had lost a friend, and she had heard she was brought to the station—I asked her if Cartwright was the person—she said, "No," and Cartwright said she did not know Jones; but Mr. Thompson came, and identified them both.
Cartwright's Defence, I knew this young woman for about a week; on Wednesday evening we went into a coffee-shop, and she put down the two bad shillings found on me; the man asked her if she knew they were bad; she said, no, a gentleman gave them to her; we went to the beer-shop, and called for a pint of ale; she put down a shilling; we then went up the road, and I missed her; the policeman took me in charge.
CARTWRIGHT— GUILTY . Aged 19.—Recommended to mercy by the Jury./— Confined Six Months
GUILTY . Aged 30.— Confined Twelve Months.
Before Mr. Common Serjeant.
GUILTY . Aged 23.— Confined Fourteen Days.
WILLIAM BAKER . I am in the service of George Peppercorn and another, butchers, at Deptford. On 30th Jan., about six o'clock in the evening, I saw a shoulder of mutton on the board in the shop-window—I missed it, and saw it afterwards at the station; I knew it—it was my master's—I saw it safe half an hour before I missed it.
JAMES CROUCH (policeman, R 118). About half-past eight in the evening of 30th Jan. I saw the prisoner in the Broadway at Deptford—I watched him about ten minutes—he went to the prosecutor's shop—he had nothing when he went, and when he came out he had something under his jacket; I stopped him, and he had the shoulder of mutton—Baker saw it, and identified it as his master's—the prisoner said be found it in a field.
Prisoner. I took it for hunger.
GUILTY .** Aged 16.— Confined Twelve Months.
Before Mr. Recorder.
JAMES MAMBERY . I am a carpenter, and live at Maidenstone-hill. Greenwich. I was in the employ of Mr. Henry Carter—I was working for him at some new houses in Catharine-grove, Blackheath-hill—on Wednesday evening, 8th Jan., I left work at half-past five o'clock; the other men who were at work left at the same time—there was a new door standing in the front-kitchen, against the wall, ready to be hang the next morning—I went to work at six next morning, and missed it—I saw it afterwards at the police-station—I had made it; I am sure it was the same.
WILLIAM SMART . I am a broker and cooper, of Bridge-street, Greenwich. The prisoner came to my shop on 8th Jan., between five and six o'clock—he asked if we wanted any doors; I said, "No," I had more than I wanted, and I was having some made on the premises—he said should he bring it round—I said be might do as he liked, I did not want any door—in about an hour afterwards he brought this door—it is new, and unpainted—he said it was made for a lady, and she had altered her mind, and was going to have a sash-door made instead of it—he asked me 5s. 6d. for it—I did not agree to buy it, but T gave him permission to leave it till next morning—be said what made him ask so low was, the lady allowed half-a-crown on it—it is worth about 12s.
SUSANNAH SMART . I am the wife of William Smart. I was present when the prisoner brought the door—be called again next morning—I bought it of him for 4s. 6d.—it was left at the door, and the same evening I gave it up to the policeman—this is it.
JOHN WHITE (policeman, R 180). This door was taken to the station—I showed it to Mr. Smart—I afterwards apprehended the prisoner at Chapel-place, Greenwich—I told him the charge; he said he knew nothing about it.
Prisoner's Defence. I did not know it was stolen; I met a young man, who asked me to sell it for him—the next morning he went with me, and received the money.
GUILTY .*— Confined Two Months.
604. HENRY EVERETT , stealing 1 watch, 1 guard, and 1 key, value 3l. 15s.; the goods of George Johnstone; also, fraudulently obtaining 8lbs. weight of flour, and 2lbs. weight of bread, value 1s. 7d.; the goods of Richard Turner: to which he pleaded
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 20.— Confined Two Months.
(The particulars of this case were unfit for publication.)
NOT GUILTY .
Before Mr. Common Serjeant,
JOHN WAOHORN . I keep a beer-shop at George-street, Greenwich. On 20th Jan., about twenty minutes past twelve o'clock, I went down to my cellar—I had seen my till, which is a drawer behind the counter, safe
five minutes before—there was about 5s. worth of coppers and a sixpence in it—I came back in about five minutes, and found the money gone—I left my wife in the shop, and she was in the tap-room when I came back—I gave information to the police, and at eight in the evening went to the penny theatre at Greenwich, saw Belsham there, and told him I should give him in charge on suspicion of robbing my till—he said it was on account of his coming to my house to ask for a glass of water—I gave him in charge—he told the constable it was not him that took it, it was Londoner, and he gave him part of it—this is the box (produced.)
RICHARD GOODMAN . I live at Orchard-street, Blackheath-hill. On 20th Jan., I was at Mr. Waghorn's beer-shop, and about a quarter-past twelve o'clock, Belsham came and asked for a glass of water—Mr. Waghorn was then in the eellar; Mrs. Waghorn, who was in the tap, told him to get a pint pot, and get the water at the pump—I then went down to Mr. Waghorn, leaving Belsham in the shop—about five minutes after that I heard the money was gone.
JAMES WILLIAM CROUCH (policeman, R 118). I found Belsham on the 20th, and on 21st I asked him where the other boy lived—he said, "Who do you mean, Londoner?"—I said, "Yes"—he said, "It was him who took the money and the box; he threw them over the wall at the corner of Circus-street"—I went, and found this box there.
DAVID OVENDEN (policeman, R 343). On 22nd Jan., about six o'clock in the evening, I saw Kimpton in Pearson-street, Greenwich—he saw me, and ran away—I pursued, and took him—he asked me what I wanted with him, and I told him he was charged with robbing a till at a beer-shop in George-street—he said he had not been in George-street on Monday—I told him Belsham had confessed.
NOT GUILTY .
Before Russell Gurney, Esq.
GUILTY .†* Aged 25.— Confined Twelve Months.
WILLIAM SMITH . I am the son of Elizabeth Smith, who keeps the Druids' Arms, Deptford. On 6th Jan., between eleven and twelve o'clock, we had a bottle containing cloves in a case with other bottles inside the bar—I went out, returned between two and three, and the bottle was gone—it was worth 3s., and was my mother's.
THOMAS JAMES ADAMS . I live with my father, at Deptford. On the afternoon of 6th Jan., I was playing at buttons about two yards from the door of the Druids' Arms—the door was open, and I saw the prisoner against the bar—he asked Mr. Smith for a Christmas-box, and I saw him put his hand over the bar and take a bottle with gilt letters and a bunch of grapes on it—he put it under his coat, and walked as far as the ragshop with it—Mrs. Smith's sister went after him, and he ran away—I did not see him again till he was at the police-court a week afterwards—he was alone then—I never saw him before—there was another boy with him.
HENRY BARBER . I was employed painting at the Druids' Arms, outside the first-floor window, and saw the prisoner come out with a gilt show bottle under his coat—a female and a young man went in with him.
GUILTY . Aged 31.— Confined Two Months.
THOMAS WICK . The prisoner is my son; I live at 3, Manor-way, New Charlton. On 28th Dec. I went to London about five o'clock in the evening, leaving only my little boy, eleven years old, at home—I returned about eight, and in consequence of what my ton said to me I looked at tome boxes up-stairs, found them broken open, and some bird-nets, a gown, a scarf, five shawls, and other articles, worth about 3l., gone—these things (produced) are mine—I had put them apart in a box for my married daughter—I did tell the prisoner he might have the nets.
WILLIAM SALMON . I am in the employ of Mr., Barnett, pawnbroker, in the Dover-road. This satin gown and silk scarf were pledged by a female on 28th Dec—on 7th Jan. Mary Keefe came with the ticket, paid the interest, looked at the articles, and had a ticket made out in her own name.
MART KEEFE . I bought two tickets of the prisoner on 7th Jan., for 3s.—I went with him to Mr. Barnett's with one of them, and had it transferred—be stood outside—I got this black gown, shawl, and two petticoats (produced) with the other ticket.
LARGESON HAMMOND . I live at 36, Kent-street, Borough. On 8th Jan. the prisoner brought these nets for sale—I told him a gentleman of the name of Wick had been and ordered me to stop them, I believed these to be the same nets, and him to be Mr. Wick's son—he owned to being his son, but said the nets were his own.
Prisoner's Defence. My father gave me the nets, and my brother the pawn-tickets.
NOT GUILTY .
JAMES WILLIAM CROUCH (policeman, R 118). On 27th Jan. I was on duty in the Broadway, Deptford, and saw the prisoner go up and down six or seven times by the prosecutor's shop—she then went to the right hand, and put her shawl over part of a leg of mutton on the shop-board—she then went into the shop, did not stop a second, and came out—I stopped her, and asked her what she had got—she said, "Nothing"—I took part of a leg of mutton, 4lbs. weight, from under her shawl.
Prisoner's Defence. I was very much in liquor.
—Central Criminal Court, Sarah William, convicted May, 1849, having been before convicted; confined six months)—I was present; the prisoner is the person.
GUILTY . Aged 64.— Confined Twelve Months.
(Carpenter staled that she had been six times convicted of stealing meat.)
GUILTY . Aged 27.— Confined One Month, and then Transported for Seven Years
NOT GUILTY .
Before Mr. Common Serjeant.
WHITE pleaded GUILTY . Aged 32.
DAVIES pleaded GUILTY . Aged 27.
Recommended to mercy.— Confined One Month
DAVID BARCLAY . I am a leather-dresser. On Tuesday, 21st Jan., I was taking account of my sheepskins in my workshop—I found a deficiency of them—I spoke to Hammond; and from what he said, went to a pawnbroker in the Old Kent-road on the Friday—I found the skins there, seventeen of them—I knew them to be mine—coming home, I met Davis and Wells, they said they were very sorry for what they had done—they had got a share of the money, and hoped I would look over it, and they would buy the skins back—after White was taken, he spoke to me—Hall was taken on my premises—he said he was sorry for what he had done; he had been connected with the others in receiving part of the money—he said he had a wife and family, and the skins would be brought back.
THOMAS HAMMOND . I am a leather-finisher, in the employ of the prosecutor. On 21st Jan., about five o'clock in the afternoon, White came into the shop and said something—I do not know anything about the other men.
Cross-examined by MR. BALLANTINE. Q. He took away these skins with your permission? A. No, he said to me, "Tom, count these skins, I believe there are sixteen"—I counted them, and there were seventeen—he took them on his shoulder and walked away—he had worked on them, and I thought he was going to receive the money for them.
JOHN WRIGHT (police-sergeant, M 3). I took Hall, Wells, and Davis—I told them the charge—they said they were very sorry for what they had done, and they intended to replace them if the other party came forward with part of the money.
HALL and WELLS— NOT GUILTY .
GUILTY .* Aged 14.— Confined Twelve Months.
GUILTY . Aged 38.— Confined Six Months.
CALE pleaded GUILTY .* Aired 11.
SMITH pleaded GUILTY .* Aged 16.
Confined Twelve Months.
GUILTY . Aged 18.— Confined Four Months.
MR. WOOLLETT conducted the Prosecution.
WILLIAM HOLLAND . I am a mahogany-dealer and cabinet-maker, of Newington-causeway. The prisoner was in my service about five years as a bedstead-maker—he had access to all my property—in consequence of information, I went with the policeman to his premises—I found a quantity of mahogany and veneers—I have some of the mahogany here, and can speak positively to its being mine—here is one piece which has my mark on it, which I wrote myself; and these others have been separated from those other pieces which I have brought to match with them—here is one piece I brought from my own premises, and this other I brought from the prisoner's—the prisoner had no authority to remove wood from my premises—he never worked at home for anything of mine.
Cross-examined by MR. PAYNE. Q. Do you know that the prisoner bad been in business for himself? A. I have heard it—his house where I found these things is in Manor-row,-Kent-road, about 100 yards from my residence—the prisoner was not with me when I went to his house—one of my men went with me—the prisoner's wife and children were there—he was admitted to bail, and has surrendered.
THOMAS GARDNER (policeman, M 79). I took the prisoner on a charge of stealing a quantity of horsehair; and when before the Magistrate I charged him with stealing the wood—he made no answer—Mr. Holland was with me when I searched the prisoner's premises and found the wood.
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy by the Jury.— Confined Six Months (There was another indictment against the prisoner.)
MARY LOWNDES . I am the wife of Thomas Lowndes. On Friday morning, 30th August, I was in the parlour adjoining my shop, and I saw the prisoner on the steps, just leaving my shop—he had no business there—I ran after him, and called "Stop thief!"—he was running—I saw him stopped by Rose—I had never lost sight of him between the time of his going out of the shop and his being stopped—he got away from Rose—I continued running for some time, and then went back to my shop—I then missed a box that was in the till behind my counter, containing one shilling, three 4d.—pieces, and two sixpences, which I bad seen safe a minute or two before the man left the shop—I am quite certain the prisoner is the man; I never lost sight of him for a moment—I had not seen him before to my knowledge—I have seen a part of the box since, but cannot swear to it.
Cross-examined by MR. HORRY. Q. Mr. Rose, the witness, gave it you back? A. Yes, this is the top of it—I cannot swear to it—I never saw the prisoner again till this month—on 30th Aug. I was standing in the parlour looking in the shop through a glass-door—I did not see any one come in—I was busy—the first I saw was a person leaving the shop, sideways—his back was not towards me—the shop-door fronts the parlour—he was making his way out as fast as he could—I saw him stopped—he broke away almost directly.
SAMUEL ROSE . I am a news-agent. On 30th Aug. I heard a cry of "Stop thief!"—I saw the prisoner running—he said, "Don't stop me, Mr. Rose, I have done nothing"—I attempted to stop him—he broke away, and left this part of a box in my hand—I had known him for many years, and he knew me.
Cross-examined. Q. Where do you live? A. In the Waterloo-road—he did not come down with a rush to me—I saw him fifty yards before he came to me—I knew him well—there was no other person in the road-there were other persons behind him crying "Stop thief!"—I told the police that I knew him—I do not know where he lived—I know his father and mother; they used to sell rabbits—I did not see the prisoner again till Sunday week, when he was taken.
WILLIAM WESTON (policeman, L 65). I apprehended the prisoner—I told him he was charged with stealing a box containing money, from a shop in Waterloo-road—he said he was quite innocent, and knew nothing about it. (The prisoner received a good character.)
NOT GUILTY .
JOHN WALTER . I am a commercial traveller, of 6, Britannia-terrace, in the parish of St. Giles, Camberwell—it is my dwelling-house. About half-past five o'clock in the morning of the 10th Jan. I was alarmed by a noise down-stairs, as though some one was moving about—I heard perstairs sons coming up-stairs—I opened the door, and saw two persons on the—I went to the back-room window and gave an alarm—I then saw three persons escape from the back-kitchen window—they went directly down the garden—the other two made their escape to the right to our neighbour's premises—when I got down I found two pairs of shoes at the bottom of the stairs—I went to the kitchen window, there was no sash in the frame, but to prevent any one getting in, the inner door had been secured—any one could get in and out of the window—the door was between that window and the staircase—that door was screwed up the night previous, and in the morning it was broken open—it had been forced from the outside—I had been the last up in the house, and saw that door perfectly secured—I missed two coats, a hat, table cover, waistcoat, and other things—they were my property, and had been in the two parlours the night before—the policeman came, and a hat, two coats, and some other things were found in the garden—I saw the prisoner afterwards in custody.
WILLIAM FIELD (policeman, P 159). On the morning of the 10th Jan. I was on duty, and heard an alarm from the prosecutor's house—I went there and saw the prisoner and two others in the back garden—the prisoner
was trying to make his way through the fence to the market gardens—I took him, the other two got away—I asked what he had been doing—he said he had been asleep on the bridge—that is a little bridge over a brook—no one could sleep on it—I found these two little articles on him, and 8 1/2 d.;—this tobacco-box and knife I found in the garden—he had no shoes nor cap on—these keys were found on the premises afterwards.
JOB WHITE (policeman, P 356). At twenty minutes to six that morning I was in the Kent-road—I went to Hatcham-park, and found the prisoner in custody—I crossed the market garden and went to the prosecutor's garden—I found two coats, a pair of leggings, this rolling-pin and table cover; and in the prosecutor's house I found two pairs of shoes—I brought them to the station—I put one pair on the prisoner and they fitted him—he had no shoes on.
GUILTY of Stealing.
622. FREDERICK SMITH was again indicted for burglariously breaking and entering the dwelling-house of Charles Rainforth Francis, and stealing 1 rolling-pin, 1 table-cloth, 1 loaf of bread, and other articles.
MESSRS. METCALFE and WOOLLETT conducted the Prosecution.
WILLIAM FIELD (policeman, P 159). On Friday, 10th Jan., at half-past five o'clock in the morning I was on duty at Hatcham-park, heard an alarm, and saw the prisoner and two others in Mr. Walters' garden, who was prosecutor in the last case—the prisoner was coming through the garden fence—I took him into custody, and asked him what he was there for—he said he had been sleeping over the bridge—there is a bridge about fifty yards off, but there is no shelter there—he had his stockings on, but no shoes or cap—I took him to the station, searched him, and found this skeleton-key, this pick-lock, 8 1/2 d., a quantity of lucifers, and a tobacco-box: and these two keys I found at Mr. Walters' house (produced)—I saw some shoes found by White tried on the prisoner, and they fitted very well—a cap also was tried and fitted him, he went to the police-court in it—he did not own them—his stockings were quite dean when I took him—Mr. Walters' house had apparently been broken open.
CHARLES RAINFORTH FRANCIS . My house is about 100 yards from Mr. Walters'—a person coming through the fence would have access to the front of my house, and the back of Mr. Walters, on this Friday morning, I got up at half-past seven o'clock—I was the first person up, and found the area railing torn up, and lying on a bed in the garden, and a saucepan, bason, and cullender which had been removed from under the inside of the kitchen window—the kitchen window under the railing was wide open—I missed from a cupboard up-stairs a loaf, a table-cloth, a jar of mince meat, a set of blacking brushes, and a rolling-pin—these brushes and rollingpin (produced) are mine—they were safe at one the previous evening, and I then saw the windows safe—my house is in the parish of St. Giles, Camberwell.
JOB WHITE (policeman, D 356). I found the bundle in Mr. Walters' garden, which contained this rolling-pin, and these brushes I found on Mr. Walters' door step—in Mr. Walters' house I found two pairs of shoes, and two caps—one of the pairs of shoes fitted the prisoner—Mr. Walters' house had been broken open.
Prisoner's Defence. I had walked from Gravesend the day before, and
went to this place to sleep; about half-past five o'clock I heard some one calling "Police!"and got out to see what was the matter; I told the policeman I had lost my shoes.
GUILTY . Aged 20.— Confined Twelve Months ,
THOMAS WALKER . I live at 41, Theo bald-street, Newington. One of these two copper boilers is mine—it was safe at ten o'clock on Friday night last, in my kitchen, fastened in the brickwork—the door that leads from the kitchen to the garden was fast—there is an inner door from the kitchen to the house which was latched, but not bolted—on Saturday morning I was called up by my next neighbour about five—I went down to the kitchen, and missed the copper—I went to the garden door, and found it fast as it was the night before, and the inner door was the same as I had left it—I also missed the water-tap, and part of the pipe—before six this copper was brought back by the policeman—it fitted to its place.
WILLIAM ENDACOTT (policeman, M 193). On Saturday morning, 1st Feb., I received information, and found the two coppers in a yard belonging to a house in Adam-street—you can get from there to Walker's by getting over the fence—I fitted this copper at Mr. Walker's—it fitted the brickwork very well—I took the coppers back to where I found them, and watched, and about six o'clock the two prisoners came, walked into the yard, and took them up—they were walking out again when I stopped them-Fisher had the coppers—I sprung my rattle—my brother officer came and assisted to take the prisoners—I examined the house—by the door not being bolted a person could get in and out again.
NOT GUILTY .
WILLIAM ENDACOTT (policeman, M 193). On the morning of 1st Feb., I received information from Mr. Aubrey, at 40, Theo bald-street, soon after five o'clock—I went with him to the yard of a house which joins his, and found these two coppers—he claimed one; I took it to his house, and fitted it in the brickwork—I took the coppers back, and put them down—I staid and watched, and about six the prisoners came—I did not see them, but I heard them—they passed by me—I went out, and Fisher had the two coppers, Thompson was close by him—they were going out of the yard with them—I took Thompson—my brother officer took Fisher—these are the coppers.
Thompson's Defence. I went down the gateway, and went into this yard; the policeman came and took me, and charged us with stealing the coppers.
Fisher's Defence. I was going to the Dover-road, went down this gateway, and it was no thoroughfare, and the policeman came.
THOMPSON— GUILTY . Aged 18.
FISHER— GUILTY . Aged 19.
Confined Twelve Months.
Before Mr. Recorder.
JONES pleaded GUILTY . Aged 22.
DAVIS pleaded GUILTY Aged 20.
Confined Four Months.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 12.— Confined Seven Days.
628. HENRY BEAVER and THOMAS HODGSON , breaking and entering the dwelling-house of George Wells, and stealing 4 shawls and other articles, value 4l. 6s. 9d.; the goods of Matthew Bateman; and 2 baskets, 3d.; the goods of George Wells: to which
BEAVER pleaded GUILTY . Aged 21.— Transported for Ten Years
ANN FREELAND . I am housekeeper to Mr. George Wells, of Lemon-valley, near St. Helena, Rotherithe. On 14th Jan. I went to bed between seven and eight o'clock—I was the last up in the house—the back kitchen and the rest of the house was safe—I bolted the back-kitchen door—when I came down in the morning, the door was open and the window too, as far as it would go—it had been wrenched up; a man could get in—the kitchen-door opens into the garden—I went into the garden, and found a large bonnet-box and hat-box, with the articles which had been in them, consisting of caps and different things of women's wearing-apparel, and a tea-caddy, emptied out, and strewed about—I went into the front parlour; I missed from there the bonnet-box and hat-box, that I found in the garden, a large trunk, and a tea-caddy—they bad all been safe on the evening before—I missed two baskets from the kitchen, which I had seen the night before—the trunk that was missing was Mrs. Bateman's, the housekeeper there before me—the hat-box and bonnet-box were hers.
THOMAS TOWERSEY (policeman, M 237). On the morning of 15th Jan. I was on duty, under the Greenwich Railway, near the Blue Anchor-road, Bermondsey—I saw the prisoners coming under the arches of the railway—Beaver was ten or twelve yards a head of Hodgson, carrying a basket, tied with a string across his shoulder—Beaver hallooed out, "Come on, Tom; it is all right"—Hodgson threw down the basket, and ran away—I followed Beaver, and took him into custody—I did not see Hodgson again till she following Saturday—while I had Beaver in custody, Hodgson was stopped by another constable—I found four dresses and some wax-tapers on Beaver—after Hodgson had been taken, I went to the spot with Beaver, and found a basket—there were two baskets.
WILLIAM NOAKES (policeman, M 104). I was with Towersey—Beaver came within a yard of me, and said, "Come on, Tom; it is all right"—I saw Hodgson about ten yards behind—I let Beaver pass, went out, and met Hodgson in the main-road—(I had been standing under the
dark arch, where he could not see me)—he had this basket in his hand—I stopped him, and asked him what he had got in the basket; he said he was a labouring man, and was going to work—when I put my hand towards the basket, he kept turning round—at last I took hold of him by the collar, and he threw the basket down—I held him fast for a minute or two; he kept getting further from the basket—I then got him back nearly to it; and as I went to stoop to take it, he got away, and left his cap and handkerchief behind—I examined the basket, and found it contained a quantity of wearing-apparel; these shawls, and caps, and handkerchiefs, which have since been identified—I then took up the other basket—I took Hodgson again on the Saturday following, in the Kitchen, in Fox's-court, Gray's-inn-lane; it is a kind of lodging-house—I told Hodgson I wanted him, and said, "I suppose you know what it is for?"—he did not make any answer—I told him the charge; he said he knew nothing about it.
Hodgson. I was never neat the place. Witness. I am sure he is the man that I had hold of; I stood and talked to him, I should think, four minutes—there was a double gas-light in the road—when I took him, he was lying down all along on the form, partly concealed, with a pipe in his mouth—he came out as soon as I saw him.
CHARLOTTE BATEMAN . I am the wife of Matthew Bateman. I had been housekeeper to Mr. Wails before Mrs. Freeland—I left last March, and went to take charge of a lady's house—I left a bonnet-box, a hat-box, and a large leathern trunk at Mr. Well's—these things are all mine—part of them were in the trunk, and part in the boxes.
Witnesses for the Defence.
DAVID WEBB . I live in Fox-court, Gray's-inn-lane—Hodgson slept in the house opposite me—I put them all to bed—I put him to bed on Friday and Saturday, and all the other days in the week—I always put him to bed during the time he has been lodging in the house opposite me; I put him to bed on Friday and Saturday, in the month of Jan.; I mean I let them up-stairs: the doors are ail locked, they are obliged to come to me to ask me to unlock the door—I unlocked the door for him on 17th and 18th Jan.; that I can swear—that was Friday and Saturday—I have at home gone by the name of Finlayson; that is my father-in-law's name—I lodged in Howard-street, Wandsworth-road, some time ago—I never was charged with any offence, to my knowledge—I never was at Larkhall-lane police-station—I have been at Clapham police-station for a quarrel me and my father-in-law—I was charged with assaulting my father-in-law—I was discharged.
HODGSON— GUILTY* of Stealing. Aged 22.— Transported for Ten Years.
MR. ROBINSON conducted the Prosecution.
Cross-examined by MR. PARRT. Q. Used the prisoner to solicit orders from you? A. Yes; he obtained me as a customer to the firm—I have dealt with them about twelve months—this is the check I gave the prisoner.
Cross-examined. Q. How long have you known the prisoner? A. Personally about sixteen months—I never heard anything against his character.
HENRY ROWE . I am in the employ of Spalding and Hodge, Drurylane—they bought goods of the prosecutor, to the amount of 16l. 4s. 11d.: the discount off it made it 15l. 16s. 9d.—I was present when that was paid to the prisoner by our cashier on 4th Nov—the goods were had on 23rd Oct.
JOHN DAY . I am in the service of Mr. Simmons. The prisoner obtained an order for twenty reams of paper from our house—I recollect their being delivered—I was present when a check was delivered to the prisoner—this is it—it was given him in payment for the goods on 7th Nov.—the invoice was 26l. 3s. 5d.; with the discount off it came to 25l. 10s. 4d.—I saw the prisoner sign his name in this book.
Cross-examined. Q. Have you dealt much with this firm? A. Ewer since he has been there—be used to solicit orders—I knew nothing of him before, and know nothing against him—the amount of my dealings with the firm has been just under 100l. in fourteen months.
Cross-examined. Q. Were you a customer of the from? A. No; the prisoner was a customer of mine—he used to come to town on Mondays and dine with me.
JAMES GAMER GAIN . I am son-in-law of the prosecutor, and manage the business for him. The prisoner was in hit employ to overlook the men, and then afterwards to go round on Mondays, show samples of paper, and try to get orders, which he ought to enter in an order-book, and the price at which the articles were sold, and then at the end of the month I would give him invoices sealed up to deliver to the customers—it was his duty to receive money and hand it over to me, and checks also—here is no entry in the order-book of these twenty reams of paper to Mr. Simmons—this invoice to Mr. Simmons is not mine; I believe it to be the prisoner's—here is his name on the back of the check, in his writing—when the prisoner was first employed his wages were 25s. a week, and after he began to sell 36s. a week and his expenses to London—that was what he was receiving at this time—I bad a conversation with him about the amount due from Spalding and Hodge; I asked him whether they had paid it, or when they would pay, on Friday, 6th Dec—I used to go down to the paper-mill every Friday to make up the time-book—he said, "On next Monday"—be has never paid me 25l. 10s. 4d., on account of Mr. Simmons: I know nothing of the transaction; there is no entry of it in any book, I have only discovered it since his apprehension—it was his duty, when he received money, to hand it to me, and I would make the entry—I have never received this 6l. 11s. 6d., nor this 15l. 16s. 9d.—when the orders were supplied it was his duty to enter them in the daybook, in the excise-book, and the check-book—there is no entry of Mr.
Simmons in any of them—in delivering paper, our own horse and cart was employed occasionally—in cases of light loads the prisoner was empowered to hire persons to take them.
Cross-examined. Q. How many persons were in your employ in the counting-house beside the prisoner—the prisoner was at one establishment, and I was at a foundry, which is six or seven miles from where he was—he had no one over him there—I do not manage the paper-mill nor the foundry; I endeavour to manage the books, and to collect for the foundry—it is my duty to go down to the paper-mill every week to take account of the time, so that the prisoner may have the money for the men the following morning—the business is not partly mine—I have a salary of 3l. 5s. a week, and a house to live in. in Guildford-street, but my father-in-law boards with me—he has no partner—the prisoner was not in the habit of accounting with my wife, that I am aware of—he might have left a crossed check with her—I will not swear that she may not have given me money that the prisoner has left—she may have received money—I have a very slight remembrance of it—the prisoner's daughter lived servant with us till about a fortnight before his apprehension.
MR. ROBINSON. Q. Were you present when the prisoner was taken? A. I gave him in custody—he said nothing about giving checks or money to my wife—he gained the chief connection of the paper-mill—if he did not come to town on Monday he would on Tuesday—if he received money he would pay it me on the day he received it, before he returned home—when he was in London he was employed at the Isle of Dogs, opposite Greenwich.
JOHN JEFFERIS . I am father-in-law of the last witness, and master of the prisoner. I have received checks of him, but I should say I did not receive a check for 25l. 10s. 4d. on the 7th Nov.—I have never received the money for this invoice (looking at it)—he did not pay me 15l. 16s. 9d. on 4th Nov., on account of Spalding and Hodge—I have never had this check—he has not paid me 6l. 11s. 6d. on the 9th Nov., on account of Mr. Pope.
Cross-examined. Q. You speak with some doubt? A. I cannot call all my cash transactions to memory—I am positive I never had these checks—all my checks I pay into the bankers—I never pay a crossed check away—I have no partner—Mr. Gain has no part of the profits: I pay him a salary—he has obtained orders; he had one day a week appropriated to that—I suppose the orders would be 50l. or 60l. a week.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy by the Jury— Confined Eighteen Months
MR. COOPER conducted the prosecution.
WILLIAM BROOKS . I am a starch manufacturer, and live at HerculesHall, Hercules-buildings, Lambeth. On the morning of 16th Jan., between three and four o'clock, I was awoke by my wife—I opened the bed-room windows and looked down—I saw two men standing at the window below, in the act of raising it—I shouted "Police!"and the men made off across the garden—it was moonlight, and I observed the figures of the men, which corresponded with the prisoners—the room had been used once or twice.
Cross-examined by MR. MAHON. Q. Could you see what was done? A. I saw the prisoners' heads there, and heard the window creak—I could not reach out far enough to see their hands—that room was trusted to my servant girl to attend to; I did not go in it myself—I have six children; I do not know whether any of them shoved the sash up that night—the catch could not be opened from the outside without some instrument—the spring was not very good—I think if a knife were put in it might have opened it.
ELIZABETH SWAIN . T am in Mr. Brooks' service. I remember the morning of 16th Jan.—I was the last person to look to the drawing-room the night before—when I went to bed at night the drawing-room door was open, and I shut it—I did not notice how the bar was; the shutters were closed—I cannot tell how the window was—the alarm was given—I got up and went down-stairs, and the shutters were open.
Cross-examined. Q. Are the children in the habit of going out of the window to play on the lawn? A. Not very often—they shut the window after them—I do not go to see whether the window is down only when I go to shut the shutters, and that evening I did not go to shut the shutters.
RICHARD FLEXMORE . I am a comedian, and live in Hercules-buildings. On this morning I heard a scream from the back of my house, which faces Mr. Brooks'—I ran down-stairs and up a gateway—I sprung a rattle, which brought Wells down—I then saw a man making his way from the back of Mr. Brooks' house, and taking a direction towards the window of a house which is building, to make his way to the road as I suppose—I ran round the gateway, and a constable inside the hoarding had got Simpson in custody—about three-quarters of an hour afterwards I saw Kerrison brought out of the cellar.
Cross-examined. Q. About three-quarters of an hour elapsed between Simpson being taken to the station and Kerrison being taken? A. About that time.
WILLIAM PEARCE (policeman, T 146.) I was on duty, near Herculesbuildings, on the morning of 16th Jan., about half-past three—I heard a cry of Police!—I went in that direction, and saw Simpson coming in at a window, at the back-part of Hercules-buildings, about sixty feet from the back front of Mr. Brooks' house—there is a hoarding there, which is too high for me to see over—I distinctly heard a person say, "Come on, it is all right"—I then heard a noise from the flooring, and I got over and apprehended Simpson coming down a ladder from the first-floor—I apprehended him—I found on him a small pocket knife—the unfinished house fronts the high road—it is about sixty feet from Mr. Brooks'.
THOMAS NORMAN (policeman, L 195). I was on duty—I heard a rattle about half-past three o'clock, went to the new building, and found Simpson in custody—I went to the front, and listened—I heard a noise in the lower part, like a person crawling over some shavings—I stayed there about twenty minutes; I then searched, and found Kerrison under the coal-cellar, on some wet mud—I told him he must go with roe to the station—he said, "It is very hard I cannot sleep here"—the stuff was not fit for any one to sleep on, it was quite wet—I took him to the station, and about ten o'clock in the morning I heard a conversation between the two prisoners, who were in separate cells—I was standing with my back towards the wall, close to No. 3—Kerrison said to Simpson," Have they got
your things?"—Simpson said, "No; have they got yours?"—he said, "No"—Kerrison said, "They have got our boots"—one of them said, "It is a bad job."
Cross-examined. Q. Were there not some footmarks near Mr. Brooks'? Yes; I did not see them compared with the boots—Kerrison was not drunk.
ALFRED WELLS (policeman, L 192). About half-past three o'clock, that morning, I heard a rattle—I went to the gateway, and met Mr. Flaxman—I went with him to the back of Mr. Brooks' house—I saw Simpson at the top of a workshop, at an aperture where there is to be a window—after the prisoners were taken, I found this dark-lantern, twelve or fourteen yards from Mr. Brooks' house, and inside the coal-cellar where Kerrison was, I found these lucifers.
Confined Two Tears.
Simpson. I was not there; I went by the new houses, and went in; the officer came, and I said I would go with him.
SIMPSON— GUILTY .* Aged 21. KERRISON— GUILTY .* Aged 21.
Confined Two Years.
Before Mr. Common Serjeant.
631. EDWARD HINCE ; burglary, in the dwelling-house of George Goff, and stealing 1 coat, and other articles, value 2l.; his goods: and 1 waistcoat, 1s.; the goods of James Goff:—also, burglary in the dwelling-house of Elizabeth Johnson, and stealing 1 pair of slippers, 4d.; her goods:—also, unlawfully breaking the dwelling-house of Walter Henry Biddle with intent to enter the same, and the goods therein to steal; to which he pleaded
GUILTY .— Transported for Ten Years.
GUILTY .— Confined Seven Days.
(His master engaged to take him again.)
GUILTY . Aged 15.— Confined Four Months.
WILLIAM JOHNSON . I live in Waterloo-street, Camberwell,, and deal in marine stores. On 22nd Jan., at six o'clock in the morning, the two prisoners came and knocked me up—they both spoke, and said they had brought me two pumps for sale—they wanted me to buy them—I said, "Bring them this way"—they brought them into my stable—I said I would go and get a light—I then went out, and padlocked them in, and got two officers, who took them.
JAMES BOWETT . I live at Waterloo-street, Camberwell. I have no partner—I believe this pump was taken from my premises—I missed one from my back-garden, near the house—it was fixed in a wooden case, which was fixed in the garden—I was in the garden several times during the evening of 21st Jan.—I did not miss it then—I heard some one at it about nine o'clock in the evening—this is the sucker of it, which I gave to the officer.
Emmett's Defence. On the 22nd I was passing from Camberwellgreen, a little after six o'clock in the morning, with Adams; Johnson met us, and said, "Do you know anything about two pumps?"I said "No; "he said, "Come down, and look at them;" I said I did not mind; he took us into a cowshed, and went and brought in two policemen, and gave us in charge; I told the policeman, before he had scarcely entered, that Mr. Johnson took us there.
COURT to WILLIAM JOHNSON. Q. Did you fetch them to look at these pumps? A. Certainly not; they came to my house, and knocked violently.; I came down, and took them in.
Adams's Defence, My master missed a pump; he traced it to Johnson's place, and be went about it; be denied it, and then be came and took us there.
EMMETT— GUILTY Aged 19. ADAMS— GUILTY . Aged 23.
Transported for seven Years
(There was another indictment against the prisoners.)
GUILTY . Aged 18.— Confined Twelve Months.
GUILTY .* Aged 24.— Confined Twelve Months.
MESSRS. PARRY and COCKLE conducted the Prosecution. GEORGE BRIDGE, I live at Shepherd's Bush. The prisoner has had the management of my land at Merton, fifteen years—he had no authority to sell anything without speaking to me—I had some potatoes in a garden there—the prisoner told me, both before and after Christmas, that there were six tons of Regents and tree tons of Shaw's—they were in five covered pits, which he had no authority to uncover—that was the quantity, in my judgment also—I ordered the prisoner to deliver a bushel of Regent's and a bushel of Shaw's to Mr. Baker; and a week after, two tons more—the following day I had twenty-eight sacks myself; I authorized him to deliver no others after I had the twenty-eight sacks—
I have seen them since, and do not suppose there is one ton—I miss between two and three tons—at that time the retail price in the market was 3s. a bushel—the sample produced by Mittell corresponds with mine—I never authorized the prisoner to sell any potatoes to Wheeler, and he had not paid me for any sold to him—the prisoner has about eighteen rods of garden—about Sept. or Oct. I went there once or twice, and saw his potatoes—he told me he had not a very good crop, and I saw some on the table, of a different description to mine—he had about ten rods planted with potatoes—after he had been examined before the Magistrate, he called on me, and told me this was the first offence, and he hoped I would forgive him, he hoped I should have mercy on him.
Cross-examined by MR. ROBINSON. Q. What are you? A. I never was in any business—I farm my own land—last season you might grow a bushel and a half of potatoes on a in—the potatoes I saw at his house were cooked and pealed—I tasted one; I could not tell whether they were Regents—the prisoner has been in my service sixteen years—I did not send lord him when he called on me—I had called on him the day before; he was out; I did not leave any message for him—I did tell his wife that I wanted to see him, to tell him to look out for another house—I did not say I wanted to see him at my house.
MR. PARRY. Q. Had you two acres sown with potatoes? A. Yes; I believe they would produce more than nine tons—the potatoes I ate at the prisoner's were of a much smaller sort than these.
WILLIAM WHEELER . I am a grocer, at Merton. I have known the prisoner eleven years—I never heard anything against his character—he sold me a bushel of potatoes—I cannot say whether it was on 14th Jan.—I cannot swear to these, but those which Mittell took away were what I bought of the prisoner—I paid him 1s. 6d. a bushel; that was rather a low price, but there were a great many small ones among them—a few days after I had another bushel—I saw him come with them down the lane which leads to Mr. Bridge's garden, and also to his own house—the first were in a barrow, and the others in a sack.
EDMUND BAKER . I am a painter, at Mitcham. About Christmas I became a tenant of Mr. Bridge's, and his potato-pits were in my garden—I have seen the prisoner at the pits several times—I was to have two sample-bushels of potatoes, and went with my boy to the pit—the prisoner was there, and told me he had another party to serve over the way before me—I helped him fill two bushel-baskets, and he took them away, towards the Nelson public-house, near which Wheeler lives, leaving me to pick up another bushel into my own basket, which I bad done by the time he came back—I afterwards, on 16th Jan. I had a ton, but no more—the market retail price of such us I had would be 3s. to 3s. 6d. a bushel—I bad seen the prisoner take some out on the 12th.
JOSIAH BAKER . I am last witness's son. Between the time of our having the sample-potatoes and the other I saw the prisoner and his son, and a young lad, at the pits—he left, and his son and the lad took some potatoes away—he afterwards returned, and covered up the pits.
Cross-examined. Q. You were not before the Magistrate? A. No; I do not know whether my father knew what I have stated to-day—Mittell bent for me to come here—when I saw him at the pit, I was at work in the garden not many yards off.
ROBERT MITTELL (policeman, V 41). On 22nd Jan. I received two bushels of potatoes from Wheeler, of each of which there is a sample here, and also a sample from the pits—I found the prisoner at his house, and told him I must take him for stealing a quantity of potatoes of Mr. Bridge, and selling them to Mr. Wheeler—he said, "I suppose I most go; I suppose if I see Mr. Bridge I can pay for them"—I took him to the station—these samples correspond with those from the pits—I have seen about eight or nine rods of potatoes growing in his garden—they produce about a bushel and a half a rod—I did not see the potatoes themselves—be told me he had a poor crop, and I asked what sorts they were, and he said, "Regent's and ash-leaf kidneys."
Cross-examined. Q. Are these rough ones the Regent's? A. Yet—I have been making inquiries and pursuing this matter very actively—he did not say he had never done such a thing, or that they were his own potatoes.
GUILTY. Aged 59.—(Recommended to mercy by the Jury and Prosecutor.)— Confined Three Months.
(There was another indictment against the prisoner.)
GUILTY .— Confined Three Months.
Before Russell Gurney, Esq.
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution
THOMAS HEIFFER . I am a cutler, at Sheffield. On 29th Jan., 1850, in consequence of a written order I had received, I sent four dozen tableknives, two dozen small dinner-knives, and four pairs of carvers to Mr. Portal—the knives were like this (produced), and had a crest of a portal on them—I packed them in a box in brown papers of one dozen, and then tied them together in two dozens; they were worth 12l—the box was directed "W. S. Portal, Esq., Belshanger House, Basingstoke, Hants"—I saw the porter of the Midland Railway Company take it away—on 18th Feb., I received another communication from Mr. Portal, in consequence of which I sent him another set of knives—I have received the value of the knives from the South-Western Railway Company.
Cross-examined by MR. PARRY. Q. Do you know the porter who fetched the box? A. Yes—the direction was written with pen and ink on paper, and labelled on to the box.
SAMUEL CLARK . I am a carman, in the employ of Chaplin and Horne, railway-carriers. On 31st Jan., 1850, I received a small light-coloured box at the Camden-town station, directed to "Mr. Portal, of Basingstoke"—this is the way-bill (produced); it is not in my writing—it was given me at the same time, and I saw the entry of it—I did not check the things as they came into the van, the clerk does that—I went with the van to the Nine Elms station—I delivered the paper there, and the goods were there called out by a porter, and checked from the way-bill by Crockshaw—I did not look at it—I am sure I delivered the box I had received—I know that only by the way-bill.
ROBERT POTT . I am a porter at the Nine Elms station. On 31st Jan., I received an invoice—I saw the box directed to Mr. Portal, and compared it with the entry in the invoice—this is the invoice (produced)—there is an entry in it, "Portal, of Basingstoke, 1 box, 17lbs."—I handed the box to the loader to be placed in the wagon.
Cross-examined by MR. PAERY. Q. Is the invoice in your own writing? A. Only the entries of goods, not the amount—the box was directed either with a brush, pen, or instrument of that sort on the box—my attention was called to it a day or two afterwards—I recollect it, independent of the invoice.
WILLIAM WINTER . I am a porter at Nine Elms station. On 31st Jan., 1850, I received a box from pott about eighteen or twenty inches long—I put it into the Basingstoke truck, the guard of which was Smalley.
Cross-examined by Mr. PARRY. Q. I suppose you put a great many boxes into the truck? A. I do not know that there were many—I recollect Mrs. Foster being called as a witness at Wandsworth police-court—the Company did not have her bound over.
GEORGE HEATHER . I am a clerk at the goods department, Basingstoke. On 1st Feb. last year, I remember truck No. 767 being unloaded at Basingstoke—this invoice came at the same time—here is an entry in it, "1 Box, Portal, Basingtoke"—I am able positively to say I did not receive that box.
THOMAS FORTESCUE . I am a clerk in the goods department of the South-Western Railway. I know that on the night of 31st Jan., 1850, track No. 767 was loaded for Basingstoke—that was the only one for Basingstoke.
WYMDHAM SPENCER PORTAL . I live at Belshanger House, Basingstoke. At the end of 1849, I sent an order to Mr. Heiffer—about the end of Jan. 1850, I received a communication from him, in consequence of which I communicated with him again—I did not receive any knives from him in Feb.—some time afterwards, I received some other knives from him; this produced is one of them.
GEORGE FOSTER . I live with my father, who keeps the Three Goats' Heads, Wandsworth-road. I knew the prisoner when he was in the employment of the South-Western Railway Company—in Feb., last year, I recollect his coming to our house with two brown-paper parcels containing large white-handled knives with black marks on the handles—I cannot give any description of the marks—he asked me if I would buy them, and wanted 15s. a dozen for them—he said he had taken them for a debt—I refused to buy them—there may have been a dozen in each parcel—he afterwards called the same day, and told me be had sold them to Mr. Greener.
Cross-examined. Q. Did your mother see them? A. Yes; I believe she had a better opportunity of seeing them than I had—she was examined at the police-court.
MR. BALLANTINE. Q. is she here? A. No; she looked at them first, then left the bar, and I continued the conversation with the prisoner.
Jan. last year owed me 2l. 15s. rent—in Feb., I cannot say the day, he brought a basket containing about four dozen ivory-handled knives with silver ferrules, similar to this one, wrapped in brown paper—there were some small, and some table knives—there was a crest on the handles—I cannot distinctly recollect what it was, it was something of a castle—he wanted me to take them instead of rent—he said he had taken them for a bad debt—I said they were too good for me—he said he could take 15s. a dozen for them—I said, "I was going by the train to see my wife who was ill, and could not attend to them then"—be said he would leave them for me to consider—I returned in two or three days, sent for the prisoner, and said, I did not like the look of them, they were too good for me, and insisted on his taking them away—some of the marks had been attempted to be erased, but the scratches were left—that was not done while they were in my custody—there were two pairs of carvers among them—he took them away—some time after that he paid me his rent—he did not tell me what he had done with the knives.
Cross-examined. Q. When did you first make this statement? A. About twelve months after the transaction, when the policeman came to me—I live within 300 yards of the station—my friends heard there was a violent aspersion against my character by the police, and they caused Mr. Clarkson to attend for me at the police-court—Mrs. Foster was examined there.
THOMAS BENT (policeman, V 95). I am employed by the Southwestern Railway Company. On 25th Jan., I went with Jump to the prisoner's house in Wandsworth-road, and told him I had come to apprehend him on suspicion of stealing a box of knives from the railway about twelve months before—he said, sneering at me, he knew nothing about any knives—I told him, "I should search his house"—he said, "Oh! you can search my house; you don't think you can find anything there, Tom"—I said I did not expect to, and I did not—the prisoner was in the employ of the Company at the goods station till the middle of Dec, 1849, when he was discharged—he lives 150 yards from the station, and has latterly had a horse and cart, and has been allowed to go in and carry out luggage for any one that might hire him—while searching his house, he said, "Greener got me into this"—I said, "No, it was not."
ROBERT JUPP (policeman, V 261). On 25th Jan., I went with Bent to the prisoner's house—while conveying him to the police-court, be told me he had got into trouble, and he thought the best thing to do was to speak the truth—I told him it was very possible that what he told me, I might make use of before the Magistrate—he said these things had been brought to him by one of Mr. Pickford's men, who had been dead six weeks, who told him he had got them from the Great Western, and wished him to dispose of them, he had them a short time, and took them to Mr. Foster's, and saw Mrs. Foster and her son, George, he offered them for sale, and they refused to have anything to do with them, with that he took them to Mr. Greener's, and asked him to purchase them; he looked at them, and thought they were of too superior a quality, and would come to too much, he told him that need not be an obstacle, he would lend him 3l. or 4l., and that would set off against the rent, that Greener had them some time, brought them back to him, and told him he had taken them down into the country, and had sat up all one night erasing the
crests from the handles, and asked him to dispose of them for him; he (the prisoner) had them three or four days, and then sold them to a man who comes up and down the road occasionally, and has the appearance of a Jew, for three or four pounds and a coat, and gave the money to Greener, and kept the coat; that there was then a-balance of accounts between them and receipts passed which were afterwards destroyed—after that he asked me what I thought he should get—I told him I did not know—he said he did not care if he got transported as long as Greener went too, that Greener was as bad as he was—he afterwards said he did not know whether he should make the same statement before the Magistrate, until he had taken his solicitor's advice upon it—he bad a solicitor at the policecourt.
GUILTY of Receiving.— Confined Twelve Months
MR. PARNELL conducted the Prosecution.
JANE HICKMAN . I am Mr. Bird's housekeeper. On 22nd Jan. he gave me a purse containing one shilling and a sixpence, which I put in a glass sugar-basin in his bed-room—the next day, Thursday, in consequence of what Mr. Bird told me, I found the purse was gone—on the Saturday I saw him find the purse in the prisoner's room, under the bed, in a stocking, it contained 3s. 5d. and a bill, with part paid off it—I brought the purse down to the parlour, and said to the prisoner, "Ann, where did you get this purse from?"—she said she brought it from home—I told her it was false, and gave her 1s. and sent her away—she came again afterwards about her wages—she was very abusive, and Mr. Bird gave her into custody.
Cross-examined by MR. HOGGINS. Q. How long have you lived with Mr. Bird? A. Twelve months; he is separated from his wife—I do not know that he turned her out of doors, or where she is now—I do not know that she is on the streets—I refuse to answer whether I live with him as his wife—the prisoner left at a moment's notice, on the same evening as the purse was found—I took a ticket of a dress which I found in the purse, and obtained the dress; that was by Mr. Bird's order—I have not told the prisoner's sister that if the prisoner would give me the money and the dress there would be an end of the matter—Mr. Bird told me to say that if she would come forward and say that she was guilty he would forgive her—the purse had not been about the house as rubbish.
JOHN COLLINS (policeman, L 184). The prisoner was given into my custody—I told her she was charged with robbing Mr. Bird, and she said it was false, and said she would make Mr. Brown suffer for it, she had found it.
Cross-examined. Q. Is there a man named Bennett living at this house? A. Yes; the prisoner said he had made attempts upon her; and I believe there has been an indictment preferred by him.
The prisoner was in my service twenty-five days—this pane is mine—on 22nd Jan. I gave it to Jane Hickman, with 1s. 6d. in it—on the following day I found it between the bed and mattress in the prisoner's room, it contained 3s. 5d. and a bill referring to a dress—when the prisoner came, the told me she had no money—when I asked her about the purse she laid she brought it from home; and she afterwards told me she found it among a lot of rubbish, and that Miss Hickman gave her the ticket.
Cross-examined. Q. Hickman lives with you? A. Yes—I do not know where my wife is—the prisoner very seldom waited on the customers at my house—I did not pay her anything while with me.
(The prisoner received an excellent character.)
NOT GUILTY .
MESSRS. ROBINSON and COCKLE conducted the Prosecution. THOMAS CLIMPION. I am a shoemaker, at Chesham, Bucks. I sent a wooden box, containing shoes, by the London and South-Western Railway—I do not know the date—it was the day after the date of the invoice—this is the box (produced)—it was corded and nailed—it was about five weeks ago, or rather better.
GEORGE BOLSTER . I am a constable at Nine Elms station. The prisoner was in the employ of the London and South Western Railway Company—on the night of 10th Jan., at half-past twelve o'clock, he was employed loading for the morning departure—after the wagon was loaded, it was his and Phillips's duty to sheet it over—I observed them doing that, went round the wagon and saw the prisoner get into it; and saw him take a pair of boots out of the box—he turned, and saw me, and put them under his arm—I cannot say whether it was in or outside his jacket—I asked what he had got under his arm—he hesitated—I asked a second time, and he handed them to me—I told him he must go with me to Mr. Thorn, the superintendent; and he then said he picked them up in the corner of the wagon—I had seen the box before it was put in the wagon; it was not in good condition, and I fixed it as well as I could—it was not so loose that the boots could have come out of it—a pair of boots could not have come out without lifting the lid—I saw it turned over afterwards in Mr. Thorn's office, and nothing fell out—there was a gas-light nearly in front of this wagon.
Cross-examined by MR. RIBTON. Q. Did you never say positively that he put them under his jacket? A. No—I have been there five years; and the prisoner fifteen or eighteen months—the box was not shaken before it was put into the wagon—after the prisoner said he found them, Mr. Thorn shook it to see whether it was possible for them to have fallen out—the prisoner could not have seen me till after he had the boots—the boards of the box are in the same condition now, but the cord is loose; it has been carried by it—Mr. Thorn put these red tapes on to show the position it was in—I understand the prisoner is married—I went to his lodging where his wife was—I searched, and found nothing stolen—his wife was very faint—it was two o'clock in the morning—she got up and dressed before we went in—I do not know that I ever caused the prisoner to be fined, I time the porters, and send in the account to the clerk, and
if he found the prisoner was behind time, he would fine him—I was watching this box in consequence of its loose condition.
PARMENUS PHILLPOTT . I am a porter in the Company's employ. On 10th Jan. I was employed with Stiles in sheeting over the luggage-van for Staines, and while we were in the wagon, Bolster came up and said to the prisoner, "Show me what you have got there, Stiles"—the prisoner said, "What?"—he asked him again, and he said he had got a pair of boots that he had just picked up in the wagon, and I saw him take a pair of boots out of his left hand with his right, and gave them to Bolster—it was such a pair as these produced—I saw the prisoner near the part of the wagon where this box was afterwards found—I think he could have seen Bolster all the time.
JOHN THORN . I am superintendent of the goods department at Nine Elms. I remember the prisoner being brought by Bolster to my office about one o'clock in the morning, and Bolster said he had stolen a pair of shoes out of a box in the Staines wagon—the prisoner said he was innocent of it, he picked them up—I went with the prisoner and Bolster to the wagon, had the box brought to my office, and turned it over to see if it was possible for any of the contents to fall out, and found they could not—it appeared impossible for them to have fallen out.
Cross-examined. Q. Goods are very much shaken in being put into the wagons? A. Not unnecessarily; they are lifted by hand—I put on these seals and red tape.
GEORGE ROBINSON . I am a porter in the Company's employ. I saw the box taken from the wagon and turned over—the boots might, if they had been tied together, have fallen out of it; if not, I do not think they would.
GEORGE TREACHER . I am clerk in the London and South-Western Railway office. I assisted Mr. Thorn in putting the seals on the box, and I shook it to see if anything would fall out—I think these boots would not fall out; nothing else would fall out.
(The prisoner received a good character,)
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
JOHN ALEXANDER GREEN . I keep the Crown and Anchor, in Great Guildford-street, Southwark. The prisoner was in my employment for about eight months—it was his duty to take out beer to customers, to receive money, and account for it to me when he came back—Richard Baldwin and Thomas Hickson are customers of mine—the prisoner did not account to me for 11d. from Baldwin, or 5d. from Hickson on 4th Jan.
Cross-examined by MR. WOOLLETT. Q. But he paid you some money on that day? A. Yes, 18s. 8 1/2 d.—I kept the book—I gave him a copy from my book every week to collect the money, and when he paid me, I entered it in my own book—this is it (produced)—the entries are in my writing—I have not got the day-book here; that is kept by me; this
paper is a copy of it—the prisoner gave me an account of Richard Baldwin owing 3s. 1d. and Hickson 1s. 8d.—he took out beer to factories, and took a list with him to put down the names of the persons he credited—those names were entered by me into my book, and on Saturday night I gave him from that book a list to collect in the money that he had not received during the week—the account he gave me was in pencil; that is not here, he took it away with him when he absconded—he did not give me any notice that he was leaving—I had given him 5s. for change at four o'clock, and he said he had not had it, and wanted 5s. more; I would not give it him—no wages were due to him—he never accounted to my wife on Saturday—he did sometimes pay her a few pence on other days—I gave him 6s. a week, and his board since Aug.—before that he had 4s. a week and a commission on the beer he sold till he got 7l. in my debt—he has a wife and family—I had a character with him.
MR. BALLANTINE. Q. Is that the book he took out with him? A. Yes; Baldwin is here entered by the name of Dick as owing 3s. 1d.—I have written "Richard Baldwin" over that to explain it—he did not call over Dick's name on the Saturday as having paid anything—if he had paid him 11d., it was his duty to pay it to me—he did not pay me anything on account of Hickson—this account of 3s. 1d. has been standing since 9th Nov.—he made various excuses for its not being paid.
Cross-examined. Q. When did this account commence? A. Five or six months before—I do not recollect what I paid him the week before—sometimes I paid him every week, and sometimes it ran a fortnight—I am in the service of Easton and Amos, engineers—they employ ninety or a. hundred persons—I work in the lead-works—none of the other men had beer of him.
Cross-examined. Q. When did your account commence? A. I paid every week previous—I had dealt with him two or three months, and I paid him every Saturday night as I came out at the gate.
GEORGE BATSFORD (policeman, M 67). I took the prisoner into custody on the 14th—I told him I wanted him on a charge of embezzlement by Mr. Green—he said, "I expected it; what could Mr. Green expect after taking all my privileges off"
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
CHARLES RINCHER . I am in the service of Thomas Piper and another, builders; they are contractors for the works at the London-bridge terminus of the Brighton Railway. The prisoner was employed there—on 28th Jan. I was at the office on the works, and saw the prisoner in custody—I saw this iron (produced) taken from him—there is no mark on it, but I know it by the pattern and size—it was not part of the prisoner's duty to have it—he is a bricklayer's labourer.
Cross-examined by MR. HORRT. Q. How long has he been employed
there? A. Nine or ten months; there was some rubbish under an arch; it was not his duty to remove that—there are other contractors—there are several lines of railway, but a high wall parts the two lines—this iron is not rubbish—if I was told it came from some other place I could not swear to it.
JOHN JORDAN (railway policeman). On 28th Jan., about half-past five o'clock, I stopped the prisoner as he was leaving—he ought to have left at five—I asked him if he had got anything he was ashamed of—he said he had got two or three pieces of wood—I asked him to let me look at them—he hesitated—I opened his jacket, and found this iron concealed round his body with a belt—I took him to the contractors' office, and took it from him—he begged Mr. Rincher would have mercy on him.
Cross-examined. Q. What was it you found on him? A. This iron; it weighs 40lbs. (The prisoner received a good character.)
GUILTY . Aged 42.—Recommended to mercy by the Jury.— Confined Two Months
EDWARD WILSON . I am a seaman on board the John and Mary. which was lying at Bankside on 22nd Jan. Between two and three o'clock this morning I was disturbed in bed—I thought it was the boy, and called out, "Halloo, Bill. what are you doing here this time of the morning?"—some one ran up-stairs—I jumped up, ran up on deck, and saw the prisoner there, running away—he had no shoes on—it was moonlight—I cried, "Stop thief!"—he got on to the quay—I saw him in custody two or three minutes afterwards—I went back, and found the trowsers on the cabin stairs, they are Henry Seymour's, the captain's, and had hung by my bedside—I saw them on the stairs as I ran up—a box under the bed had been shifted, and some drawers opened.
GEORGE BATSFORD . I was on duty in Guildford-street, heard a cry of "Stop thief!" and saw the prisoner running, without shoes, 200 or 300 yards from Bankside—I stopped him—he said he had been fighting—I asked him what he had done with his shoes—he said they made him pull them off to fight—he had stockings on—I took him back, and Wilson identified him—I found these shoes on the quay facing the John and Mary—he said they were his.
EDWARD EVEREST (Thames police inspector). I produce a certificate of the prisoner's conviction—(read—Convicted, Jan.. 1848, and confined one month)—he has been summarily convicted five or six times, for stealing things on the river.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 75.— Confined Six Months.
Before Mr. Justice Cresswell.
JOB CLAPHAM pleaded GUILTY . Aged 44.— Confined Nine Months. MR. CLARKSON offered no evidence against Ann Clapham.
NOT GUILTY .
(Upon which MR. CLARKSON offered no evidence.)
NOT GUILTY .
NOT GUILTY .
Before Mr. Justice Coleridge.
MR. CLARKSON conducted the Prosecution.
DANIEL SQUBB . I live at 9, Mint-street, Southwark. On 6th Jan., about half-past one o'clock in the night, I went to the King's Arms, in Mint-street, with my brother-in-law, Joseph Evans, who is not here, to get my supper—I went in front of the' bar—I saw the prisoner, and three more young men—they called one another Walley, Buffer. and Goosey—the prisoner was with them—he had nothing in his hand then—I called for half a quartern of rum for me and my brother-in-law—I heard one of the men, I do not know which, say, "Buz;" and instantly the prisoner seized me, and struck me three times on the head with a pint-pot, which caused me to fall to the ground—we had not spoken a word to either of them—I found the prisoner's hand in my pocket, and screamed out, "Murder!" but nobody came—I held his arm—we struggled on the ground—one of his accomplices caught bold of my throat, so that I could not scream, while the prisoner escaped—I had never seen him before—I bad six halfcrowns, fourteen shillings, and four sixpences in my right trowsers pocket—it was all gone—I got up, ran out, and screamed, "Police!"—I met the police—as I ran out I met Ellen Moor, my servant, but I did not stop to bear what she had to say—I went to surgeon Downes—my head was bleeding most violently—I went before a Magistrate next day—my brother-in-law was there.
Cross-examined by MR. MEW. Q. What are you? A. I deal in damaged butter and lard—I live about twenty yards from this public-house—I very seldom go there, but it is open later than other houses, and all night—I had been over the water to get some money, and called on my brother-in-law—he went with me—I was in the public-house about eighteen minutes—I asked for the beer directly I went in, and was there two or three minutes speaking to my brother-in-law, asking him what he would have, and he preferred half a quartern of rum—I did not get the beer; there was some neglect—there was only the landlady behind the bar—the blow on the head did not stun me—I am sure it was the prisoner that struck me.
ELLEN MOOR . I was in Mr. Squibb's service. I went to the public-house to fetch him home on this morning, between one and two o'clock—I heard no words, but just as I got inside I saw the prisoner strike Mr. Squibb with a pint pot, as he stood at the bar with his brother-in-law—I saw three other men there—my master instantly fell to the ground; a mob surrounded him—the prisoner had a pint pot in one hand, covered with blood—my master held him by the band, and screamed out, "Police"—one of the mob caught hold of him by the throat, and the prisoner got away—they then let my matter loose; he got up, ran out,
and called for the police—his head was pouring in blood—the other men fled—I saw the prisoner next morning at Stone's-end police-station—I saw the prisoner throw the pot into the street; a boy picked it up; there was blood on it.
Cross-examined. Q. How long have you lived with Mr. Squibb? A. About five months—he is married; his wife lives with him—I did not meet my master coming out at the door when I first saw him—I do not know a woman named Rolfe—I have to be up late on account of the lodgers, who are cabmen, and are generally very late at night—my master keeps a lodging-house—I fetched him from the public-house because my baby was ill, and I wished to retire to bed—my baby is dead now—I have never been in trouble, or ever in a Court before in my life—I knew my master was at the public-house; he went there for some supper beer, and took an earthen jug with him—I had seen him half an hour before in Mint-street.
STEPHEN MARTIN (policeman, M 98). On 7th Jan. I received information, and went with Squibb to the King's Arms, between one and two o'clock in the morning—he charged the prisoner with beating him on the head with a pint pewter pot, and when he was on the ground robbing him of 31s.—he said he was in there at the time, but he was innocent of the robbery; or else, he said, "Forty b y policemen should not take me for it; I was on the ground in the affair, but I am innocent of the robbery"—when Squibb found me that morning he was perhaps 100 yards from the public-house—I knew the prisoner before, and judged who it was by Squibb's description.
Cross-examined. Q. What time did Squibb tell you he had been robbed? A. Between one and two o'clock in the morning—I took the prisoner between one and two—I found no money on him.
MR. MEW called
HARRIET CALDWELL . On 6th Jan., between one and two o'clock in the night, Squibb came to the house with three females and a male—the females called for rum, and paid me for it, and then afterwards he called for a quartern of rum—I drew it—he did not pay—I asked him to do so, and he said he had no money in his pocket, but he had plenty at homehe requested Mrs. Evans, who was there, to pay for it—she refused—Squibb's wife was there, I took a pint pot out of her hand, because I saw her strike some person on the head—they were all very tipsy—they were in front of the bar, and I was behind it—I could see everything that went on, and can say positively that the prisoner did not strike any one—no one went away before this affray—they all left direetly the policeman came—he turned them all out together, but the prisoner left by himself—I heard some party say he had lost his money and his watch—I think it was 1l. 10s., but another person said 7s.—there was only one complaint of money being lost—I heard no other observations made by anybody.
Cross-examined by MR. CLARKSON. Q. Are you the landlady of the King's Arms, Mint-street? A. I am; I have never had such a piece of work as this before or since—Squibb was not very tipsy; Mrs. Evans is his sister-in-law—my husband never thieves—he has only been summoned twice since he has been there, that I swear—I do not think he has been summoned three times this month, for harbouring thieves—he was never summoned for harbouring thieves at all, and was never fined 10s. for it—
he was fined 20s. on Christmas-eve; it was for bad characters coming there, not for harbouring them—he is a commercial traveller, and as honest and respectable a man as you are; he never kept a public-house before this; he kept a beer-shop, the Brass Founders' Arms, in Whitechapel, some time ago—he took it with the intention of getting a license, but he could not—we left because we could not pay our way in it—that may be about twelve months ago; we have been six months at the King's Arms—my husband was with Mr. White all the time we were there—the other time that my husband was fined might have been some weeks before Christmas, I cannot tell how many; it was for the same parties being there; they came in when my husband was out—I do not know that they were the very same parties of whom the prisoner formed one, on this night—my husband was never fined before that, he was summoned—Squibb never came to my house with a jug in his hand—nobody was knocked down with a pewter-pot in my house; they were knocked down by Squibb's brother with his fist, I saw him do it—it was a very big stout man; his name is Joseph, or John Evans—he had a white coat on; this is one of the buttons which is left of it—I do not know what has become of him, he was a stranger to me—he has not preferred any charge against the prisoner's brother, that I am aware of—I do not know the name of the man who was knocked down, they used to call him Richard—I know Woller, Buffer. and Evans, they lodge at the house—I know nothing about Goosey; I have not heard the name at my house—this matter was inquired into before the Magistrate on the following day—my husband was not there; I went, but was not examined—there was no attorney there for the prisoner—I do not know who his attorney is now—I saw the person who was to speak for him, that was Mr. Wight.
MR. PARRY. Q. Do you know whether the witnesses for the defence were offered before the Magistrate? A. Yes; I was there with Henry Taylor, we were not called on to give evidence.
HENRY TAYLOR . I know Squibb; between one and two o'clock on this morning, I was standing in front of the bar of the King's Arms—I was there all day; I was in the bar-parlour—Squibb came in after one, or between one and two; there were some women with him—I cannot say whether he had a jug in his hand; I believe he had not—they were standing at the bar, drinking when a man named Evans, who I believe is a relation of Squibb's, came in and stood conversing with Squibb and the women some short time—he said, "I have got a little account, or a little business to settle," or some words to that effect; and immediately took off his hat, gave it to a person to hold, and knocked a man down who was standing by the side of the beer-engine—an altercation took place immediately, and Squibb and these women immediately commenced an attack on him while he was on the ground—the landlord came immediately from behind the bar, and I with his assistance parted them—an altercation occurred again immediately; the prisoner came in at that time, and seeing the man down, lent him assistance so as he should not be ill-used—the prisoner did not strike him, he was immediately knocked down himself—Squibb and the women who were with him ill-used him as much as they possibly could, till the landlord was obliged to call in the police to quell the disturbance, and a general fight took place; they were all fighting then—Squibb said nothing then about his loosing his watch and money; not in my hearing—
I did not observe any watch with him; the prisoner had not the least opportunity of taking the watch and money from Squibb, and I should say it was quite impossible—I only know Squibb by seeing him come to the house.
Cross-examined. Q. What time in the morning did yon go to this public-house? A. It might have been in the middle of the day, 12 o'clock, but I cannot say—I am a tailor, and work at Bethnal-green, on my own account—my father-in-law keeps this house—his name is Caldwell—. Squibb may have been knocked down when I was not able to discern it—there were so many persons in front of the bar I do not know whether he was or not—I did not hear him call out "Murder!" or "Police!"—it would be impossible for me to swear he did not—there was such a disturbonce that I was not able to distinguish whether he did or not—I think the servant, Ellen Moor, was one of the women who was with him—I will not be positive, she might have been, I cannot say—I did not see Squibb on the ground—I have seen the prisoner there two or three times since I have been there—I do not go there every day—I never knew where he lived—I do not remember Squibb coming there the next day with the policeman; I was not there—I do not know the name of the man whom Evans knocked down—I had seen him once before when he came in to have a pint of beer, which might have been a week previous—I believe Squibb was sober, I did not take particular notice—I cannot say what he called for when he came in—the bar-parlour was about the distance from him that you are from me—some of them called for something, and I believe he had some, I do not know what it was—I cannot say what has become of the man who was knocked down—he went away—nobody was given in charge that I am aware of—I do not know Woller or Buffer—I have heard the prisoner called Goosey—I did not hear anybody say Buz that night—I saw blood on Squibb's head, I did not see any or one of the pint pots.
HENRY CALDWELL . I keep this house. I saw Squibb there on the night of this disturbance—he came in about half-past twelve or one o'clock with Evans, his brother-in-law, and three women—Evans has not been here to-day that I know of—I swear Squibb had not a jug in his hand—he and the females were drinking spirits and half-and-half before the bar—he then called for a quartern of rum—I saw him served with it—he turned round to Mrs. Evans (Evans' sister-in-law) and said, "You pay for this, for I have no money"—she said, "No more have I any money, so you must put it up"—when they had drank that, another Evans came in, and they asked him what he was going to stand, and to have a pint of mixed liquors—as soon as they had drank, that Evans pulled off his bat, and gave it to one of them, and said, "Here is the b here that you have got some business to settle with," or something of that kind—he knocked a man down—I ran out of the bar to his assistance—we got him up, and they directly pitched into him again—he cried for assistance—the prisoner came to his assistance, and they commenced fighting altogether—I saw they were uncontrollable, and called out, "Police!"—the police came—I did not see the prisoner strike Squibb with a pot, but I could not see everything—I had as much as I could do to try and separate them—I know Squibb by his living opposite, and keeping a lodging-house, or something of that sort—I have not known him long; I have only been there eight months—I have heard sufficient of his character not to believe him upon his oath, according to what has been told to me by his sister-in-law.
Cross-examined. Q. Did you ever hear him examined on his oath? A. No; I have been convicted once of harbouring thieves, not that I did it—it may be two months back—that was the second time—I was fined a guinea—the first time was a month or six weeks before—I was fined 10s.—I am not aware that the third conviction forfeits the license—I have never been summoned before that; I swear that—there were two summonses the last time, but I have only appeared in Court on two separate days—one was on Saturday, which was dismissed, and the other, was on Monday, which I was fined a guinea for.
MR. PARRY. "Why would not you believe the prosecutor on his oath; have you ever heard him say anything as to his being convicted? A. No; I do not speak of what I have heard of him, but what I have heard from others about him.,
GUILTY .** Aged 22.— Transported for Ten Years.
Before Russell Gurney, Esq.
MR. PLATT conducted the Prosecution.
WILLIAM WRAY . I am a licensed driver of carriages; I live in Cole-street, Dover-road. On 1st Feb., between one and two o'clock, I was going home, and just at the commencement of the Dover-road I met the prisoners—they both asked me to treat them—I walked with them down Swan-street to the corner of Swan-court—two men came past, stopped, and repassed, and then went round the corner of the court—I felt Scott's hand in my pocket—the men stood round me—I got alarmed, and at that moment was struck across the head with some iron instrument like a candlestick—I fell on my back, the men were then close by, and the women too—I believe it was Scott who struck me—I became insensible directly—I had had something to drink, but was not drunk—when I came to myself Scott's hand was in my pocket—I had 2s. 2 1/2 d. there, five gold keys, and a gold seal, in a leather bag—I missed them, and called for assistance—they all left me—the things were worth about 15s.—I was struck from behind; it was so instantaneous I could not see who struck me—my wife was at the door waiting for my coming home—I did not see her before I was struck; but she heard my voice and came to me.
JOHN HIDE (policeman, M 285.) I was on duty in Swan-street, on the right-hand side. I saw two men come round the corner of the Dover-road into Swan-street, on the opposite side of the way—just after that, Wray and the two prisoners came round the corner—they went the same way as the men—Scott and Wray went into the court and Wesboro followed behind—I went up to the end of the court, and could not see the men—about three or four minutes after, I found Wray lying down in Swan-court—I had not heard the cries of "police!" or "murder!"—I saw Scott and took her in custody—I told her the charge: she said, she knew nothing about it—Wray had been drinking rather freely; his nose was bleeding, his forehead was a little swelled.
you can;" they immediately ran off, one way, and one the other—I took Westboro and told her the charge, she said she knew nothing of it. The prisoner's statements before the Magistrate were here read as follows:—Westboro says, "I was in company with Scott and the prosecutor, but never spoke with him, nor did I have any hand in ill-using him"—Scott says, "The prosecutor pushed me into the mud, and I pushed him down, and walked away and left him; he was then tipsy."
SCOTT— GUILTY . Aged 20.
WESTBORO— GUILTY . Aged 17.)
Recommended to mercy by the Prosecutar— Confined Six Months
Before Mr. Justice Coleridge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WILLIAM MONCASTER . I have been at Mr. Armstrong's asylum, at Peckham, nine months. I was attendant at the Infirmary three months—I left three months before this happened, and the prisoner succeeded me, he had then about nine or ten patients in the Infirmary to look after—it is one room, a door opens into it from the prisoner's bedroom; there are double doors—no one slept in the same room with the prisoner—no attendant slept in the room with the patients to take care of them—the patients put into the Infirmary were generally of an inoffensive kind—the deceased came to the Asylum I believe at the latter end of last March—he was placed in the Infirmary—he died on the 2nd Jan., at ten minutes to six in the morning—I first heard of something having been done to him on 27th Dec.—the prisoner gave me that information—he said, "I wish you would come and look at Barnes, he appears to have got an accident—I went with him, and found Barnes standing with his shirt off; his smallclothes were on, but the upper part of his body was naked—he appeared as if he was changing his shirt—his left-shoulder looked as if it was broken, or out of joint—it was swollen to about the breadth of four inches—there were black marks which looked inclined to be yellow at the edges—the swelling did not go higher than the joint of the shoulder—it was not so big as my fist—his arm was hanging down—the prisoner said, "I cannot imagine how it has happened"—I said he must have had a very severe fall to cause it, and that it appeared by the colour to have been done two or three days—I do not recollect that he made any observation—I was going to fetch the doctor, and he came up—the prisoner had made no communication to me before that morning about Barnes; if he was aware of any injury happening to any man, it was his duty to tell the doctor immediately, there are two resident in the house, Mr. Burton and Mr. Dickenson—I had last seen the deceased at four o'clock the day before—he was then in his usual dress, which is a jacket, waistcoat, and a pair of flannel trowsers, on purpose for the Infirmary—it was the prisoner's duty to wash and dress him, or to see him dressed—the deceased was a very sullen, obstinate person.
Cross-examined by MR. COLLIER. Q. Is the Infirmary up-stairs or
down? A. Up-stairs the prisoner was the usual attendant there, my business lays down-stairs—I go up to the Infirmary occasionally—I have seen the prisoner pretty often, and never saw anything but the greatest kindness in his conduct to the patients—I have seen him when he was dressing them occasionally, but not at meal times—he had also to take charge of a patient who slept out of the Infirmary, next to him on the other side, only just the boards apart; there were more patients in the Infirmary by day than by night—he was assisted by some of the patients by Attwood, Taylor, and Donelly—I do not know whether they assisted in the washing, I wash my own patients—their assistance is in scouring the floors, carrying down wet beds, and doing any little thing that is required—they help to dress the patients, the attendant being present, and occasionally help to feed them if the attendant thinks them capable—the attendant occasionally leaves the infirmary, he has no occasion to be away a very long time, not half an hour, perhaps a quarter—Donelly labours under the delusion that he has a number of spirits about him, which are continually talking to him, that is his only delusion—he has never been free from it to my knowledge since I have known him—Taylor talks to himself a great deal—I do not know that Attwood labours under any particular delusion, but he is occasionally very excitable—I never had occasion to notice the conduct of the prisoner to Barnes, I have not been there at the time—I have beard Barnes use bad language, not particularly to Hill, but to myself and the other attendants—Hill has never lost his patience with Barnes in my presence, but has conducted himself with forbearance.
MR. BODKIN. Q. At what time were the patients in the Infirmary washed and dressed in the morning? A. I generally washed them myself after breakfast, at half-past eight o'clock, or sometimes it might be half-past nine, when patients are not very well I let them lie a bit longer—the hot water is fetched from a large copper in the yard by the attendant, and if he thinks a patient is fit to bring it, he will send him—having got the water, it is my duty to wash the patients and dress them—I have never, since Hill has had charge of the Infirmary, seen any of the patients engaged in washing and dressing other patients in his absence—if I get the assistance of a patient, he assists only in my presence—it would take a man two or three minutes to go down to the copper and fetch up hot water—Hill would have to leave the Infirmary to get his breakfast, and take the other breakfasts up, or he might have his breakfast afterwards—the patients are dressed and washed after he has had his breakfast in the winter time—I do not remember that he has been away from the patients in the morning as long as quarter of an hour.
COURT. Q. Two or three days before your hearing about the deceased's arm had you heard him complain of boards in his shoulder? A. He said, "I have got a board down my stomach, and I wish you would take it out"—he did not say there was one in his shoulder—I do not know whether he had laboured under other delusions some time before.
JOSEPH STUART BURTON . I am medical superintendent of Mr. Armstrong's private asylum, Peckham-house—I assumed that office on the 20th Dec, before that I was assistant-surgeon; since Oct. 1849—I succeded Mr. Hill as superintendent—I knew the deceased, he had been a patient there since the 30th of March, 1850—I first heard of his injury
on Friday the 27th of Dec, about ten in the morning—the prisoner told me of it in the Infirmary ward—I told him to strip Barnes, and I found his arm fractured close up at the shoulder joint, and the arm was very much swollen, inflamed, and bruised down as far as the hand, more especially about the shoulder joint—at the lower part of the upper arm there was a bruise presenting a striking appearance, as if produced by a grasp—the bruises were all round the shoulder joint extending to the upper part of the chest, which was very much swollen—I should attribute the appearances to violence; to a fall, the consequence of violence, not an accidental fall, but a fall some other person had occasioned—I ordered him to bed, and sent for Mr. Fidler the visiting surgeon—while I was making the examination, I said to the prisoner, "This must have occurred some days ago"—he replied that Barnes had been complaining two or three days of having boards in his shoulder, but that he was always talking nonsense of that sort, and he took no notice of it—I then said it must have been caused by violence—he replied that he knew nothing about it—from the state in which he was when I examined him on the 27th, he could neither have dressed himself nor have assisted in dressing himself on the previous day nor from the time it happened—from the appearance I think it must have been quite of three days' standing, and in the state in which it was, I do not think that the person dressing him could have failed to have observed it—he could not have raised his arm after receiving this injury without assistance; it was quite useless—it was the prisoner's duty to dress him, or to be present while he was dressed—I had never been told or heard of his complaining of boards in his shoulder before this morning—I had only been superintendent for a week, but it was the prisoner's duty to report accidents to me—I was in attendance daily up to the 27th, and had gone into the Infirmary every day.
Cross-examined. Q. Had you occasion to examine the deceased before the 26th? A. No; I had looked at his head on the 26th, but saw nothing the matter with his shoulder then—he had on his coat and waistcoat, with short sleeves—he was completely dressed—his delusion was that he imagined his belly was as big as a but—I have never had any reason to complain of the prisoner's conduct before—Barnes did not complain to me on the 27th; the prisoner gave me the information himself, he appeared anxious about it—Barnes was capable of giving a correct answer to a question, but his memory was affected: not a great deal—he was a lunatic in the ordinary sense of the term—he was of a sullen disposition, and silent—I am acquainted with the condition of Donnelly, Attwood, and Taylor—they were in the habit of assisting the prisoner in taking care of the patients—I do not know of my own knowledge that Attwood has sometimes dressed the patients—I have seen him arranging their dress when they have been slovenly—I do not remember seeing him feeding them—they are allowed to assist him in the general duties of the ward—Donnelly labours under a delusion that he has various spirits about him—I do not know what particular delusion Attwood and Taylor labour under—Donnelly has never been free from that delusion that I am aware of—Attwood is incapable of carrying on a connected conversation, and at limes is excessively abusive—he is of an irritable temper, and in my judgment is a fit subject for a lunatic asylum—Taylor is a man of weak intellect
—he is incapable of taking care of himself—I consider Donelly to be a lunatic—I should not hesitate to sign a certificate to that effect, by reason of the delusion of spirits in his head—Barnes was capable of giving an account of an ordinary transaction, and if anything extraordinary had happened, such as violence to himself, or having been the witness of violence to another, I think he would be capable of giving a rational account of it—I believe Donelly to be quite capable of giving an account of any transaction that happened before his eyes—I have always found him so—it is solely with reference to the delusion about the spirits that I attribute to him being a lunatic—when I have had conversation with him on ordinary subjects I have found him perfectly rational, but for his delusion—I have seen nothing in his conduct or demeanour in answering questions otherwise than the demeanour of a sane man.
JAMES HILL . I am a doctor of medicine. I was formerly districtsurgeon, at Mr. Armstrong's asylum—I ceased to be so on the 22nd of Dec., and was succeeded by Mr. Burton—I was there on the 27th of Dec., and my attention was called to the deceased—I found him suffering from a severe injury of the arm, which was fractured, and there was a great deal of swelling and inflammation—I examined him—my opinion is that he had received a severe fall on the back part of the shoulder—the injuries I saw could certainly not have resulted from a man falling of his own ordinary weight, unless he fell from a very great height; certainly not in that room—he was rather a tall man; a little above the ordinary height, and of spare habit—he was not a strong man by any means—I noticed three or four stripes across the top of his arm, as if it had been tightly grasped by another person's hand—I asked him several questions, but the prisoner was not present at the commencement of them—he told me how he had received the injury, and by whom he had received the injury—the prisoner then came into the room, and I said, looking at him and then at the deceased, "This is a sad occurrence; the man's arm is broken"—the prisoner replied, "I assure you I know nothing of it"—I said, looking at the deceased, "And be says that you did it, and Donelly here says he saw you do it"—Donelly was close by—the prisoner replied, "That is quite false, I never injured him, I never lifted my hand to him"—Donelly said, "Yes, you know you did; you took hold of him by the arm" taking hold of the prisoner's arm at the time and showing me "in this way" (with both hands), "and tripped him up, and threw him heavily on the floor" placing his foot against the prisoner to show me how it was done—the prisoner replied, "That is quite false"—I said I was sorry to hear him accused of such a thing, as I had no reason to suppose him guilty of having done so—I remarked again that the injury must have been done several days—he replied, "I assure you I knew nothing of it, till this morning"—I did not ask him any more questions—the deceased was present—we were standing at the foot of his bedstead—his countenance was directed towards the prisoner and me alternately—he had answered my questions quite rationally, and appeared perfectly to understand what was said and done—I had seen Barnes on the 24th of Dec, between eleven and twelve o'clock—he was then fully dressed, and sitting on a form—I saw him again on the 26th fully dressed, in the same position—he was of a sullen temper, and did not usually speak to anybody unless they first addressed him, and generally then he was by no means communicative—
he did not speak to me on either of those days—from what I saw on the 27th he could not have been able to put on or take off his clothes, or wash himself for two or three days before—I have had my attention directed to the insane for nine years—the result of my experience is that in many cases persons of unsound mind bear personal injury and pain without complaining.
Cross-examined. Q. You have been asked about your general knowledge of the insane; if a man is insane, is his memory necessarily affected? A. Not always, not necessarily—it frequently is, but frequently is not—I have seen Dr. Haslar's work—I do not agree in all cases with his remark that "Memory appears to be perfectly defective in cases of insanity"—certainly not—it may probably be so in the generality of cases—madness is commonly accompanied by a great deal of excitability of the brain, but in some cases it is not—it is very often accompanied by physical irritation of the brain—it is one of the most common causes of madness, either primarily or secondarily—in certain cases of acute madness, the ideas in the mind of a madman succeed each other more rapidly than in the mind of a sane man, and in a more confused manner; that is, where there is actual irritation of the brain—it is quite possible for a man to entertain a delusion on one subject without its affecting his mind generally on other subjects—in most cases where a delusion prevails and the man is mad, the rest of his mind is affected to some extent—I agree with Dr. Pritchard in his observation that" In monomania the mind is unsound, but unsound in one point only"—there is no doubt, however, that all the mental faculties are more or less affected, but the affection is more strongly manifested in some than in others—I have had opportunities of seeing Barnes pretty often—the only delusion he laboured under was, that his stomach was always full, as full as a butt, and that it could not contain more—that was the great reason why he objected to take food—it is difficult to ascertain, without strict inquiry, the extent of a madman's delusions—they have some times the power of concealing their delusions even from their medical attendants, especially after having been conversed with frequently about the delusions, and knowing that they are the cause of their detention, but it is infrequent—it is a doubtful point whether what they say is not for a particular purpose; for instance, to obtain liberty—if a madman has an object to answer, he is sometimes capable of concealing his delusions—I have known it, but not as a general rule—they are probably capable of a good deal of dissimulation; many are, I know, but many do not exhibit that tendency—it is common for a certain class of madmen to exhibit a great deal of cunning—Barnes had been very weak ever since his admission—his mind was weak also—he bad refused food, and during the whole of his residence he required to be fed—he frequently refused food—I agree with Dr. Burton that his memory was impaired—Donelly laboured under a delusion with respect to spirits—he is, in the strict sense of the word, a lunatic, inasmuch as helabours under a delusion—he is not excitable by any means—Attwood is an excitable person—during the four years I have been there, I have questioned Donelly as to the extent of his delusion—he has always laboured under that notion about spirits—when I saw Barnes on the 24th and 26th of December, I saw nothing unusual in his appearance—I know that the patients sometimes assisted Hill in the discharge of his duties inperforming offices about the persons of the others,
and making themselves generally useful in the presence of Hill—occasionally in washing and dressing the other patients, but not as a general rule—the prisoner has been generally kind, humane, and attentive towards those under his care—I have not known Barnes quarrelsome and irritable with the other patients—I have known that he has been sullen; he would probably not speak to them unless addressed—he was sullen, obstinate, and disinclined to do what might be required of Him—I have seen the other patients feeding him—after the deceased told me that the injury was done to him by a keeper, I asked if he could tell me his name—he said, "I don't recollect his name; I don't know his name"—I said, "Was it Muncaster?" "No;" "Was it Stevens?" "No;" "Was it Hill?"and he said, "Yes, that is him"—Donelly was not present then—I had not seen him—I saw him a few minutes afterwards—the deceased took no part in the conversation, but from his manner he evidently understood.
MR. BODKIN. Q. How soon afterwards did Donelly come into the room? A. Five or ten minutes after I went in, and the prisoner about five minutes after—I had given no account to Donelly of what Barnes had told me before he came in—from seven to ten minutes, at most, elapsed between Barnes giving me the account and my repeating it in the presence of the prisoner—I certainly believe the deceased to have heard and understood all that was said—Barnes was a patient troublesome to a keeper—I have found monomaniacs perfectly rational on all subjects unconnected with the delusion under which they are labouring.
Q. Speaking as a man of experience in these unhappy delusions, can you, in your judgment, trace any connection between the statements made by the deceased and the delusion under which he was labouring? A. None whatever—I have known instances of lunatics concealing their delusions, but in all these cases there has been an apparent and evident motive—I have known decided lunatics, not monomaniacs, in what are called lucid intervals, capable of going about and managing their own affairs—in ordinary cases there is no particular difference between a monomaniac, apart from his particular delusion, and an insane person in a lucid interval—during the lucid interval of the insane person he is well, but a monomaniac is a monomaniac all the time—in the instance of a monomaniac you produce the insanity the moment you touch the particular chord—it is possible that you might revive insanity in a madman during a lucid interval, by touching on the same subject, if it is but recent—I always found Donelly perfectly rational, except on the subject of his particular delusion—I have heard him examined as to his knowledge of a future state, and of the obligation of an oath.
ALFRED POLLARD . I am assistant-surgeon at Guy's Hospital, and have been for the last five years their demonstrator. On 3rd Jan. I made a post-mortem examination of the body of the deceased—it was emaciated, but not very much decomposed—there were severe bruises over the front and back part of the left-shoulder, and down the inner side of the left arm, as far as the wrist; bruises down the left-side, as far as the loin; and bruises upon the right-side, about the middle of the sixth or seventh ribs; and a slight bruise on the left-side of the head—there was extravasation of blood underneath the skin, among the muscles and tissues—there was a splintered fracture of the bone of the left-arm immediately below the shoulder, which was very oblique—the upper
portion of the bone was in its situation, and the joint was not injured, but the lower portion was driven right up into the arm-pit, pressing on the nerves in that situation—there were also fractures of the sixth and seventh ribs, on the right side, about their centre, and also of the eleventh and twelfth, on the same side, which had penetrated the lining membranes of the chest, and produced evident signs of inflammation—the lungs were diseased by consumption of long standing—the substance of the brain was thickened, and bore the ordinary appearance of the brain of a lunatic—its substance was a little soft—I cannot state the exact time that this injury must have been inflicted, but from four to ten days—the injuries had been sustained for some time—I say that from the appearance of the bruises—they all bad the same amount of discoloration—I should attribute the injuries to great and inordinate violence, I have no doubt about it—they could not have been from a simple fall, nor could they have been occasioned by the man himself—I think if the party had been tripped up on the ground, that would not have caused it, without some additional weight falling on him—if the person who tripped him up had fallen on him, that would account for it—the injury could not have been occasioned by a person falling from a great height to the ground—if a person of considerable power had taken him by the arm, and thrown him on the ground with violence, that would account for it, but then it would be difficult to account for the fractured ribs without additional weight—I should say exhaustion was the immediate cause of death—that would naturally follow such injuries, and within the time I have mentioned—I have had some experience of lunatics, and have found that they suffer severe pain without complaint.
Cross-examined by MR. PARNELL. Q. When did you examine the deceased? A. On 3rd Jan., the day after the death—the examination was partly conducted by Mr. Flower—I do not know whether the body had been washed—the skull and membranes presented the appearance of a confirmed lunatic—it is impossible for me to say how long he had been so—it is usual for lunatics to have an antipathy to the persons who are set over them to keep them—that would be more probably the case with a person of a sullen disposition than with ordinary lunatics—the deceased's lungs were diseased from consumption—I do not think some of those injuries could have been inflicted at the commencement of the ten days, and the others at the latter end—assuming that the injuries were done at different times, I do not think a fall could have occasioned them—it must have been very violent—the sixth and seventh ribs were over a part which was in a disordered state; but not the eleventh and twelfth—a sudden jerk from a fall on the floor, if a man had been standing, or even if he had fallen from a form, would not have been violent enough to have occasioned it—I do not think it possible that it could have been produced by being thrown down by a man's hand.
Cross-examined. Q. You observed the bruises on the shoulder and arm? A. Yes, they extended from the shoulder down to the back of the left arm—the arm was bruised all the way down, more or less—it is possible that might have been produced by a series of blows on the arm if it had been
held up, and the series of pummellings made on it—there were a great many different bruises—there was one on the left side of the head—that might have been caused by a blow with the fist—there were also bruises on the breast; they did not necessarily result from the arm being broken; they were separate from those on the arm—there were also bruises on the left side; those might be the result of a severe beating with the fist, or with some blunt instrument—it is my opinion that whoever injured the man must have exercised a great deal of violence—I do not think it could occur in an ordinary struggle—it is very unusual for such injuries to result from wrestling, unless the deceased fell on some very hard substance, or on the floor—if a very heavy man fell upon him in that way, the fracture of the ribs might have arisen—the broken ribs were a very short distance from each other; my impression is that the knees did it—the sixth and seventh, and eleventh and twelfth ribs are about the same distance at if a man had fallen with both his knees upon him, and they were driven in, much as though such an occurrence had really taken place—it might have been caused by the man falling on a form—it must have been very violent wrestling to have caused it—the bruises might have been produced by the bands, from blows—it is possible that the bruises might have been caused by a fall on the floor, considering the sympathy with the muscles, and between the parts—I examined the bones, but did not find them more brittle than ordinarily—I tried to break the ribs on the same side as those that were fractured, but could not do so with ordinary force.
Mr. CLARKSON. Q. Supposing a person to have fallen on the deceased with his knees upon those ribs, would that account for the whole that you observed? A. Yes, such a fall would account not only for the broken ribs, but also for the bruises.
RICHARD DONELLY . (This witness, who was a lunatic, was examined as to the nature of his delusion, and his competency to take an oath. MR. JUSTICE COLERIDGE admitted the evidence, reserving the question of its propriety for the consideration of the Judges.) I am an Irishman; I have been confined in Mr. Armstrong's infirmary four years and nearly four months this day week—I came in on 14th Oct.; I was several times there; I came backwards and forwards; I came out of it at my own pleasure when I thought myself fit for it—I knew a man there named Barnes; I was attending him—the prisoner was a keeper there—there was a man there named Taylor, and another named Attwood—they used to assist in the Infirmary—I remember a little while before Christmas-day, when Barnes was going to be put to bed, the prisoner was there—Barnes did not like going to bed—Barnes had not much speech, he was quite silent—I had complained to the prisoner—I said Barnes was not in bed—he came to him, and catched him. with the intention of putting him to bed, and threw him down rashly on the boarded floor, and they both fell down together—Barnes was hurt by the. fall—I know that by the report of the doctor, but I did not know at the time that he was hurt—they both rote together, and Hill put him on the bed—I said to Barnes, "That is your Christmas-box, poor man"—he complained to me several times, and I did not know the reason of it, not knowing that his arm was hurt—he complained to me that very night—I examined his collar-bone; I thought it was broken by the fall—I felt it, but could not feel that it was broken; and he complained that hit left shoulder was sore, but I did not believe
him; I did not understand it—after putting him to bed, the prisoner went down-stairs—he came into the room next morning and that night—his room was next to Barnes's—he dressed Barnes the next morning—I do not know whether be complained of his shoulder then, I forget; I believe he did—I was among the rest of the patients doing other things—I did not pay much attention—he was always complaining—I never heard him complain of anything being the matter with his shoulder till after that fall—I once saw Hill take Barnes's hand, place it on his knee, and say nothing was the matter with it; and I said to Mon caster that his hand was swelled, and there must be something the matter with it—Hill was there, and he took his arm like this, and said there was nothing the matter with it, but it slided down—when Hill dressed him, he lifted his arm; it teemed powerless and dead—when be let go his hands, it fell down—I lifted it up in the same position, and it slided down again—I remember that the prisoner dressed him on the morning after his fall—I believe I undressed him and put him to bed the night after the fall—he was complaining still of his arm—Hill was in the ward at the time—I remember Christmas-day; several things make me remember it; it was on a Wednesday, and we had our diet, and so on—Hill dressed Barnes on that day, and washed him, and put his clothes on—it was very seldom that I dressed him, for I found him very crabbed—I stripped him oftener than dressed him—I undressed him and put him to bed on Christmas-day—Hill was in the ward undressing others.
Cross-examined. Q. Did you generally dress and undress Barnes? A. No, because he would resist me, and I had to tell the keeper that he was not in bed—I did so on this night—it would depend on whether we agreed—we often disagreed—Hill would put him to bed, whether he would or not—I recollect Attwood, another assistant-patient—he used not to put Barnes to bed—he would feed him, he would put on his clothes sometimes, but the keeper dressed him generally—sometimes Attwood did it, but Barnes would not let him; he was often irritated with him—I believe after his arm was hurt, Attwood was irritated with him—Attwood was a man of irritable temper, very easily vexed, but neither Attwood nor me could do anything with Barnes—he was particularly irritable with Attwood—I have known Attwood to be violent even with me; he would get angry, and I would evade him—I never saw him very violent—I have seen him irritated very much, calling names to the superiors of our place, and delivering his passions—I have known him violent towards Barnes twice—he put me in mind of myself, for fear I should evade my memory—I saw him push him, and he pushed him backwards on the form, but he did not fall on the ground—that was all that I saw.
COURT. Q. He did not fall on the ground? A. No; he fell in this way, and I checked him, and the keeper checked him, and shook his head, and said he should not do that—the keeper was present, and Barnes walked to the left—when a man gets restive, you know, he takes a few steps off—I do not remember seeing Attwood have hold of him by the arms, nor have I seen him shake him: I believe he acknowledged it, he told me so—I have talked to him about this matter—he does not appear at all excited about it—he talked connected about it—he says he would rather condemn him, and I would rather not condemn him—I spoke of after death—we ought to have charity, Sir, and I told him so—Taylor was a very passionate
man at all times—you can hardly get anything else out of him but passion, except we give him some tobacco, and that was the only way to keep him quiet—I have not known him to assist in dressing—he is in the Infirmary, and is taken care of, but still he attends on both keepers, on Moncaster and the prisoner.
Q. Can you say whether the fall was on Monday, Tuesday, or Wednesday, or when it was that this business happened? A. I am still in doubt whether it was Monday or Tuesday, but these creatures insist upon it it was Tuesday night, and I think it was Monday—I am positive the prisoner dressed Barnes on the night after this took place, and on Christmas-day—I am sure it was not Attwood—Attwood has evaded dressing him since that, and so have I, but I have put him to-bed since—Barnes said he had boards in his arm, and we used to feel it—I do not think Attwood dressed him on Christmas-day; I cannot swear whether he did or not; he often did before—Attwood and Taylor generally fetched things up which were wanted—they assisted generally—Taylor was not much in the Infirmary ward, only in the washing of them—before I attended on Hill I used to assist down in the cells—Taylor does wipe and clean the patients when he is called on—he is sometimes in the Infirmary—that is his business—he does not sleep there—he is not there every day unless he is called upon—truth is written in our Infirmary—he was called in when he was wanted.
MR. BODKIN. Q. Twice you say you saw Attwood push Barnes; on those occasions did he appear to hurt him at all? A. There was no harm occurred from the ompression, but it threw him down—I do not know whether it did him bodily harm, but if be did it to me I would resent it, and complain to the doctor about it—Barnes did not complain to anybody about the two pushes, because the keeper was present both times.
COURT. Q. It what you have told us what the spirits told you, or what you recollect without the spirits? A. No; the spirits assist me in speaking of the date, I thought it was Monday, and they told me it was Christmas-eve, Tuesday, but I was an eye-witness, an ocular witness to the fall on the ground.
GUILTY . Aged 35.—
Strongly recommended to mercy by the Jury.— Judgment respited.
Before Mr. Justice Cresswell.
MR. BODKIN conducted the Prosecution.
ANN CHARMAN . I am a widow, and live in Union-road, St. George's, in the Borough. The prisoner and deceased lived at 4, Surrey-row, Black-friars-road—I only knew them by working twice in the house—on the day this occurred I was at work there; the prisoner and her husband were quarrelling during the day—about three o'clock in the afternoon, the prisoner went out—I did not see her come in again, but I heard her—it was as near as possible about four—she went out again about half-past four, and did not return till about six—I had heard them having words before she went out—I was in the kitchen, and about five or ten minutes past six, she came running down into the kitchen without her bonnet and shawl, and seated herself on some matting—her husband came down; she had a short-sleeved gown, and he gave her a slap on the arm with his open band, and said she should not go out again—she followed him up-stairs, and
said, "I will mark you for this"—(she had the key of the street-door in the course of the afternoon, and he wanted to get it away from her)—in a few minutes I heard him call "Murder!" three times, in the parlour; and she said, "Mrs. Charman bring up a light"—I took up a light, and found them both in the parlour; he was bleeding from the temple—he said, "For God's sake, fetch somebody"—I went out for a doctor—there was a great crowd, and a female named Dyer, who was then a stranger to me, got into the house; she opened the door to me on my return—the doctor came directly, and I did not go into the parlour, but went down to my work—I did not hear the deceased say who had done it—the prisoner was perfectly sober.
Cross-examined by MR. WOOLLETT. Q. Was the prisoner's arm bare when the deceased slapped it? A. Yes; it made a noise—I have known them about a fortnight or three weeks—I only worked there once a fortnight, once before this day—I have heard them jangling.
COURT. Q. Did you see any poker in the parlour? A. There was one when I stirred the fire to make the tea; it was worn away a great deal, and was sharp at the end.
CAROLINE DYER . I live next door to this house. I heard cries of "Murder!" there—I knew Mr. Brown, it was his voice—Mrs. Charman opened the door, and I went in into the front parlour, and found John Brown standing near the door bleeding from a wound in the forehead—the prisoner was there—I said, "Lor, Jane, how could you do this?" and asked her to give me some water—she said nothing, but fetched it, and I washed the blood off—he went and picked up this poker (produced), and said, "This is the d—d poker that Jane did it with," and that she had given him his death blow—she said, "You should be quiet"—the doctor then came; I left, and saw no more of the man till the night before he died, which was five or six weeks afterwards—the prisoner and her husband often quarrelled.
Cross-examined. Q. You knew him to be a passionate man? A. Yes, very; he used to ill-treat his wife, and likewise his father—I have seen him beat her—to the best of my knowledge she is a peaceable, wellconducted woman—she was particularly kind to him in his last illness, and previous to it.
HENRY EVANS . I am a surgeon. I was called, and found the deceased with a lacerated punctured wound on the forehead; it was bleeding—he gave me an account of how it was inflicted—I think the prisoner heard it from the short distance she was off in the back-room—be said, "Jane has struck me with a poker"—she then came into the room and said, "He has threatened to murder me"—I took up the poker which laid in the fender, and said, "Is this the poker?"—he said, "Yes," in her presence—I then left—I attended him for a fortnight, and then the parish-surgeon was called in—during the time I attended him the prisoner was very attentive and kind—I had no idea at first of any fatal result from the wound; there was no fracture to be detected externally.
HENRY THOMAS SPRATT . I am surgeon to the Union. I took charge of the deceased after Mr. Evans ceased to attend him, and attended him till his death—he told me, in the presence of his wife, that he had received a blow with a piece of iron about a pound in weight some weeks before, and that he had been very ill ever since—he did not say then who struck
the blow, but he afterwards said it was "That person there;" his wife was in front of him—I think that was the second day I attended him—she was near enough to hear what was said, but the said nothing—he gradually sunk, and died on the 16th—I examined his body by the Coroner's direction, and found a small aperture in the forehead, and also in the bone, under the covering of the brain, about an inch over the right eye-brow, about an inch in diameter—externally it did not appear as if it went through the skull, but when I removed the skull I found the internal plate lacerated and splintered, and the internal membrane of the brain in a very highly inflamed state; the consequence of which was abscesses, and inflammation of the brain, which caused death—the point of this poker would inflict such in injury; it must have been thrust with intense force.
Cross-examined. Q. Was the deceased a man of very full habit of body? A. I presume not from what I saw—I could not tell whether he was addicted to drink—I do not think the abcesses in the brain could proceed from internal causes connected with the wound; the inflammation was not over the whole brain; it was local—he wandered a little at times—he was not wandering when be said, "That person there" did it.
JOHN BAKER (police-sergeant, A 456). I took the prisoner on the 17th, the day after her husband died—she told roe she was his wife, took me into the parlour, pointed out this poker, and said he took out a knife to stab her, and she took up this poker to defend herself.
ANN CHARMAN re-examined. I saw no knife when I went into the parlour; I only had one when I got the tea ready in the parlour—I cut the bread and butter with it, and put it away in the cupboard in the parlour when I put the tea things away.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy on account of the provocation.— Confined Six Months
MR. PARNELL conducted the Prosecution.
ADAM LEFTLER . I am a musician, and live at Spencer-place, Brixton-road. On 16th Jan., at a few minutes past twelve o'clock at night, I was in Newington-place, going home, and saw a woman coming in a contrary direction—it was Collis—she was about twenty or thirty yards from me when I first saw her—I saw no one with her—the pavement is rather broad—there was plenty of room for her to pass me—I did not alter my course, but she must have altered hers, for she came and pushed against me, and I immediately received a thrust in the mouth with an umbrella from a man who was behind her, which was followed by a violent blow with his fist on the lower part of the face—he must have been walking behind the woman for the purpose of concealment—he said, "That woman is my wife; you have insulted her"—I think I said I had not—he followed up the attack directly, and I closed with him, and to threw him—he got up, give the umbrella to Collis, and commenced a very violent attack with his fists, hitting right and left—we closed, and I threw him, and fell on him—I fancy Collis struck me with the umbrella while I was down—I called "Police!"—Bond came up, and I gave them into custody—when I met them my hands were in my pockets in front, and my coat collar turned up—it was a sort of drizzling rain, and I was walking rather fast.
Cross-examined by MR. CARTER. Q. I believe as a singer you attend public dinners? A. Yes; I had been at a dinner at the London Tavern, professionally—I had also participated in the dinner—I did not take more than four glasses of wine the whole evening—I left soon after ten o'clock, and then had six penny-worth of brandy and water, and smoked a cigar, and then went by an omnibus from Grace church-street to the Elephant and Castle—the last omnibus was about half-past eleven—it was not a very light night, it was not foggy-Collis appeared to spread out her dress to hide the man—I heard no noise before I got up—I did not run against her, and chirrup like a bird; on my oath I did not put my hand upon some part of her person before the man came up at all—I have not been fined for beating my wife while I was drunk—I believe I have been before a Magistrate for being drunk, not more than once—I had a disagreement with my wife on that occasion—I suppose it was a breach of the peace, or I should not have been before the Magistrate—I was not fined, I was bound over to keep the peace—I did not hear Collis call "Police!" while I was struggling with the man—I will not swear she did not—when the policeman came I charged them with assault not with intent to rob, I think—I felt no hand in my pocket—My coat was buttoned up.
MR.PARNELL. Q. How long ago was it you were bound over to keep the peace? A. Seven or eight years.
RICHARD BIRD (policeman, L 61). I was on duty at Kennington, and saw the prisoners first opposite the Horns, Kennington-common, three or four yards from Newington-place, walking one behind the other—I followed them upward, of 200 yards towards Newington-place—I did not know either of them before—I crossed over, and spoke to them-a few minutes after that I heard the cry of "Police "three or four different times.—I went to the place, and found Mr. Leftler and the prisoners wrestling together—he gave them in charge—Mr. Leftler was bleeding very much from the mouth.
Cross-examined. Q. Did you see any wound on his mouth? A. Yes, under his lip, and one of his teeth was nearly knocked out-Tingle had a cut on his thumb, and another on his knuckles—he charged Mr. Leftler at the station with having bitten his thumb—when I first saw them they were swearing at one another, like people who were a little intoxicated—it sounded like a man's voice which cried, "Police!" it was gruff; and almost at the same time I heard a female scream," Police!"—I do not think she cried above twice—it was a drizzling night—there were three or four persons looking on, not interfering in any way.
MR. PARNELL. Q. Was not the wound on Tingle's thumb strapped or tied up? A. The top of his thumb was tied up with a rag when I took him; his knuckle was not—I cannot say whether it was fresh done; it was all over blood.
COLLIS— NOT GUILTY .
TINGLE— GUILTY of Assault.— Confined Three Months.
Before Mr. Justice Coleridge.
MR. BRIERLY conducted the Prosecution.
Borough. About midnight on Sunday, 12th Jan., I was going home, and was stopped by four or five prostitutes—they surrounded me, and wanted me to stay with them, but I would not, and broke away from them—one of them called out "Bob!" and a man came out of a house with a poker in his hand, and threw it after me—it missed me, and he ran after me, overtook me, and knocked me down in the mud, hit me on the nose, and made it bleed—I felt him trying to put his hand into my pocket, and struggled—the females came up and pulled me by the hair—I had 1s. and some halfpence in my pocket—I struggled and broke away, and an officer came—it was a light night—there were no lamps—I was about 100 yards from him when he threw the poker; my face was to him, I saw him throw it.
Cross-examined by MR. PARRY. Q. Do you know a woman in Martin-street named Maria? A. No—I was not going to visit any one there—(Charlotte Webb was here called into Court)—that woman has never seen me in company with a woman named Maria—I am not cohabiting or associating with any woman in that street—I was sober—I had been to the West-end, that was my nearest way home—I had never been in that street before, to my knowledge—I was aware that prostitutes lived there when I went there—I had been to the Swan public-house, Hungerford-market, to see some friends—I was there about an hour—before that I had been taking a walk in Regent-street, and had been to Golden-square to see George White—I do not recollect the number—I had been spending part of the evening with him.
JOHN CARMICHAEL (policeman, M 56). I was on duty, heard a disturbance, and saw Robinett running—I saw a poker thrown after him by some woman, who was from four to six yards from him—I went to him, he said he had been knocked down, nothing more—he was all over dirt and blood—he gave the prisoner in charge.
Cross-examined. Q. Was he a little worse for the liquor? A. Yes; the prisoner denied doing anything of the kind—he was coming towards the prosecutor when he was given in charge in the same direction, but be was behind him.
NOT GUILTY .
Before Russell Gurney, Esq.
MR. CHALK conducted the Prosecution.
THOMAS BLENCOE . I am shipping-clerk to Mr. Taylor, of Tooley-street. On Sunday, 20th Jan., I was going home down the steps of London-bridge, I put my hand into my pocket and pulled out a piece of paper, with three or four shillings in it—I let the money fall—I picked up two shillings, and the sound of money brought a party up the steps again—I stood on one side near the wall—he came with violence against me, and pushed me down the steps—he was just before me when I got to the bottom—he turned round and hit me a violent blow on the mouth, which caused it to bleed, and knocked me backwards—I recovered my position, and called "Police!"—the policeman caught him under the dark arch, and I gave him into custody—there was plenty of room for us both to pass on the steps—I lost two shillings, and I think I picked up two.
direction from Tooley-street; I followed, and saw him stopped by another constable—we brought him back, and the prosecutor charged him with assaulting him, with intent to rob him—the prisoner said, "It was not me, but another man"—I saw no other man; he was quite alone—the prosecutor had a dreadful bruise on his mouth.
The prisoner's statement before the Magistrate was here read, as follows: "It was not me; I was coming from Tooley-street, and was going towards the bridge, and I saw the prosecutor and another man fighting together."
Prisoner's Defence. I was walking along, heard cries of "Police!" and was collared; the gentleman said, "That is the chap that struck me;" I told him I was not.
GUILTY .* Aged 23.— Confined Nine Months
ADJOURNED TO MONDAY, MARCH 3RD, 1851.