CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. FIFTH 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, March 3rd, 1851.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER Mr. Ald. SALOMONS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury.
(MR. BALLANTINE offered no evidence.)
NOT GUILTY .
MESSRS. BODKIN, BALLANTINE, and GORDON conducted the Prosecution.
WILLIAM COMPTON . In Oct., 1849, I was delivery-foreman in the service of the London Dock Company. My duty was at the South Quay Warehouse—I have known Fennell some years, but not to he intimately acquainted with him till about six months before this; about the middle of 1849, I should say—I always understood him to be a commission-agent—in October, 1849, his place of business was at 9 A, Billiter-street, in the neighbourhood of Fenchurch-street—it was my duty to deliver out goods at the Docks, upon presentation of the warrant, after it had been to the office, and had been signed—goods are delivered from loop-holes into a cart, wagon, or any conveyance underneath—a pass would be required, which would pass them out of the Docks—previous to Oct., 1849, Fennell and I had made an agreement that he should purchase some warrants for rice in the market at as low a price as he possibly could, for which I would substitute coffee—the ordinary mode of purchasing coffee lying in the Docks, is to purchase the warrants in the market—in Oct. 1849, there
was some coffee lying in the South Quay Warehouse, on the 28th floor, which had come by the John Grey—the prisoner and I made an agreement about it; he informed me that he had bought the rice, or purchased the warrant for it (for lot 108, I believe); and as soon as I had any bags of coffee ready for him, he would come and fetch them away—we always deliver by lots—the whole of the cargo of the John Grey was not rice—he said he should send the warrant down on a certain day, for four bags, when I was ready—there were at that time many thousand bags of coffee warehoused there—on 17th Oct., 1849, this warrant (produced) was brought to me; I received it; it is a warrant for sixteen bags of rice, upon which is endorsed an order for four, upon which I had the power of delivering four bags, and no more—I do not exactly know the man's name that brought it—(this being read, was a warrant for sixteen bags of rice, imported in the John Grey, July, 1849, deliverable to Erhnfeldt and Co., on which teas endorsed, "Please deliver four bags to bearer. W. B. Phillips. for Shentin and Co,")—(Elston was here brought into Court)—that is the man who brought the warrant to me—the warrant is generally for a portion of the goods only—it is very seldom that the whole is delivered at once—these are my initials on this order; when they are put upon it, it goes to the office, to be counter-signed, with a pass-note, which I give at the time; the counter-pass is then given for the delivery out of the Docks—on receiving this order, I took four bags of coffee from the stores from the South Quay Warehouse—it was in bags which I had made up from the Company's stores—I delivered the bags of coffee to Elston's truck, or rather to Cox's truck, and delivered him this pass—(read—"Pass Cox's truck, with four bags of rice, 389, 108, 588, and 322, ex John Grey, by order of Erhnfeldt and Co. William Compton, foreman")—bags of coffee are made up in the same way as rice, in gunny bags—I received from the prisoner for this transaction, at the rate of 6d. per pound on the coffee, after deducting the price the rice-warrants had cost him.
Cross-examined by MR. PARRY. Q. You say the coffee and rice were kept together in the South Quay Warehouse? A. They were—I was discharged from the service of the Dock Company in May, 1850; it was not for fraud, it was for substituting one bag of coffee for another, and they found me out—it was an innocent transaction on my part—I was placed in prison, not at the suit of the Dock Company, but of the Customs; it was for a supposed fraud on the revenue, not a real fraud; it was a perfectly innocent transaction as regards the Docks and Customs—I was in prison nine days, and was let out; no arrangement was made with me—I am doing nothing now—I am in the pay of the Customs, and have been receiving 18s. a week for the last week or two—I have been subpœnaed to the Court of Exchequer by the Customs, for which I have been receiving 18s. a week—I was not one of the witnesses called; I was there to be called—I have been in the pay of the Customs since the commencement of Jan., this year; since the commencement of this prosecution; not any other, except the one at the Exchequer, when I was receiving 3s. a day—I received nothing whatever from the Customs before Jan.—since I was discharged, I have been night-watchman on board the Chinese Junk, from June till 9th Nov.—I first gave information to the Customs about the commencement of Jan., and they began to pay me as soon as
I gave information—I did not apply to the Customs for a situation when I came out of prison—I did not apply to them before Jan.—I have never been in prison on any other occasion; I am quite positive of that—I have been charged once; that was for misdemeanor, I suppose you call it—I was going through the street, and saw a row; a policeman taking a man for being drank and disorderly, or something of the sort; they pulled the man along roughly; I said, "Allow him to get up, and he will walk quietly;" subsequently be was released by his acquaintances, and I was taken into custody; taken before a Magistrate, and fined 10s.—it was not for assaulting the police, bat for assisting the prisoner, intercepting the policeman in the execution of his duty; it was while I was in the service of the London Docks—I have been in their service nearly thirteen years—I am positive I have never been charged with anything else—I was only on that occasion before a Magistrate, or before any tribunal previous to this transaction, only at that time—I have never been in custody, or charged, since I was discharged—I made these bags of coffee up from the stores in the Company's warehouse, or bags which ought to have been delivered; I made them up—I am not acquainted with the value of the coffee sweeping!—I should say 6d. per pound would not be along price, considering the duty would be 4d. a pound upon the sweepings, or any coffee—I did not find the sweepings on the floor, and make them up; they were taken into No. 52 floor, in the warehouse, and I took them from there in the clean state; that is what I mean by making them up.
Mr. BALLANTINE. Q. Made up on your own account, or by the direction of your employers? A. On my own account, in pursuance of the arrangement I have spoken of with Fennell—the coffee was not balked—it was in casks in No. 52 floor, after it had been cleaned and picked, and it was out of those casks I took the coffee in question—it was good, and quite clean; good merchantable coffee—it was good sound rice that came by the John Grey—l do not know whether the duty on rice is 6d. or 1s. a hundred weight; It. a hundred weight I think.
Q. You have said you were discharged from the docks for substituting one bag of coffee for another, what do you mean by that? A. Well; when an order came for delivery one bag could not be found, and the beg was taken from the same cargo, but from the following lot—I discovered it myself—it was discovered by the Customs—they called the attention of the Dock people to it, and I was discharged by the Docks, and prosecuted by the Customs—if the rice-warrants cost 5l. in the market, that would have to be deducted from the price the coffee fetched, and the remainder we were to receive 6d. a pound upon—I do not know the price of the coffee—I never knew what price it fetched—I have seen it quoted in the price list from 60s. or 70s. to 80s. a hundred weight, but perhaps more than that—I have seen those prices—I have seen rice quoted at 10s., but am only speaking of what I have seen in the price list.
EDWARD GEORGE WEALE . I am superintending locker under the Customs. In Oct., 1849, the average price of coffee would be 1s. per pound, duty paid—I have no idea what rice would be; the duty on it if to trifling, only 6d. per hundred weight—the coffee is 4d. and 5d. on colonial, and 6d. for foreign—this was colonial coffee.
Cross-examined. Q. How do you know it was colonial? did you see it? A. No; I understand so—I have not known coffee quoted in the
market, without duty, as low as 155.; not sound coffee—30s. is the lowest I have seen it quoted at—that would be 4d. a pound, or a little more—I have assisted in the management of this prosecution—Compton has been in the pay of the Customs since this prosecution commenced in Jan.—he has stated the truth about that—he has received 18s. a week; 3s. a day every day he has lost his time—he has given his attendance, not in my office, but in the office up-stairs, in waiting if he should be wanted—he has been there nearly every day—he has only been paid since he has given his attendance—I am not bound to say how many of the men have been wanted—twenty or thirty discharged servants of the Dock Company have been in the pay of the Customs during the last few months—the largest sum we have paid is 25s., and the lowest 10s.—I have not known coffee to be sold at 10s. without the duty—it is not an ad valorem duty, but an uniform one of 4d. and 5d. on colonial, and 6d. on foreign coffee.
MR. BALLANTINE. Q. You have been asked whether the Customs have in their pay any of the discharged servants of the Dock Company; do you know what those persons were discharged for? A. I have understood some refused to sign documents which the Company, or the Company's servants produced to them, and they were discharged—there may have been one or two discharged for improper conduct towards the Company; not more—some of the other witnesses had, and some had not, been in communication with the Customs before they were discharged by the Dock Company.
WILLIAM ELSTON . I live at 7, Bartlett's-buildings, Smithfield. I carry out goods—in Oct., 1849, I saw the prisoner in the London Dock—he said he wanted me to take four bags of rice from the Dock to his place—I said, "Very well, sir," and he put down his name and address on a small slip of paper which I either tore up or lost in some way or another—I have not looked for it lately—I understood that his name was Fennell—be gave me the warrant for the delivery of the four bags—this is it (looking at it)—I presented it at the South Quay Office, London Docks—they gave me a delivery order, and I took the warrant and delivery order to Compton the delivery foreman, after asking a question about the delivery—I had a truck there—Compton delivered the four bags to me according to the warrant, as I expected—I took the truck nearly opposite the South Quay Office, and left it there to apply for a pass—this is the pass (produced)—I received it at the South Quay Office after I received the four bags—this small ticket is the pass the Company gives—that did not come into my hands at all—it was taken into the office by Compton—the pass enabled me to get through the gates, and I went to Billiter-square to Mr. Fennell's—I saw a lad named Collins, and took the bags into bit counting-house—I saw coffee sticking outside them—Fennell came in after I had delivered the last bag, and paid me 2s.
Cross-examined. Q. Did you make any marks on those documents, or do you speak from memory? A. I speak from memory, and the pass note mentioning the name of the truck—it it Cox's truck—I remember it from that—I call myself a carman—I am not in any employ now—I act for myself—I am a master carman—I have received pay for my loss of time—I have received 4l. from time to time at the rate of 10s. a day—that was my demand—that was what I valued myself at—I was not a witness at the Exchequer—I did nut know Compton at this
time—I only know him by seeing him at different times since this transaction—this is the only matter in which I have received payment from the Customs, nor have I received pay for anything else—I swear that—I do not expect to have anything more than I was receiving per day before—I shall get 10s. to-day—this it the first day that is owing—that is what I value myself at—it is a very disagreeable transaction—I have been a master carman for the last three or four years—I was so in 1849—I have no cart or truck of my own, or anything of the kind—for small job like this we hire a track—they are let out to hire to toy person—I have been before a Magistrate—I do not wish to tell what it was for—I had rather not—I was not in prison—it was not so bad that I am ashamed of it, but it does not concern this case—I select my own evidence with respect to this transaction, and I think that is sufficient—I decline saying anything at all about it—I have not been charged on any other occasion—I have never been in prison in my life—I have been locked up, but only once.
MR. BODKIN. Q. Where were you locked up? A. At Arbour-square police-station, Stepney—I cannot say how long ago it was; it might be since or before I carried the bags—I do not consider myself entitled to answer the question what it was for—I decline so doing—I was locked up till the case was examined, that was two or three days—I was discharged—that was the only time—I hire a cart when I require one, that it my custom, and any one else's when they require them—I attended at the police-court two or three days, and attended here last Session—I have attended eight days previous to this.
WILLIAM HENRY NORMAN . I am chief clerk to the London Dock Company. On 17th Oct., 1849, I saw this pass-note annexed to this warrant (looking at it,) it passed through my hands in my usual routine of duty—I issued it—it it an authority for a person to pass from the outer gates of the Docks—it is a past for the goods—it refers to the same four bags that axe mentioned in the warrant; and the other pass-note (note read, addressed to the Dock-master, or gate-keeper, "Pass Cox's truck, with four bags of rice, ship's name 'John Grey.' ")
Cross-examined. Q. I suppose a great many pastes are left in the London Docks in the course of the day? A. Yes; an immense number—ours it peculiarly a sugar place; there are some coffee places there.
MR. BALLANTINE. Q. Then the orders would generally have reference to sugar? A. Yes.
WILLIAM EDWARD JENKINS . I am a locker in the Custom-house, acting as a landing-waiter at the London Docks. On 13th July, 1849, it was my duty to enter in this book (produced) the cargo or quantity of rice imported by the John Grey—it was stored in the South quay ware-house, of which Compton was foreman—the price of rice in Oct. 1849, was about 15s. a bag, 10s. a cwt.—a bag weighs about 1 1/2 cwt.
THOMAS CLARK COLLINS . In the year 1849 I entered into the prisoner's service—he occupied a room at 9, Billiter-square, Fenchurch-street—I had to sweep the office, take messages, and go of errands—I have been to the South quay, at the London Docks, for him—I knew a man of the name of Compton there—I have teen him there—Mr. Fennell hat sent me
there to him—he wrote a note, which I took, and was directed to him by the men—I have not gone to see him there by Mr. Fennell's direction very often—I cannot say how many times—I once brought back an answer—I do not recollect what it was—I think it was not written, but by word—I think it was to meet him at the Crown and Anvil, in Swan-street, Minories—I do not know when he sent that message—I saw my master go to the Crown and Anvil once—I recollect Elston bringing four bags of coffee to the office—I know it was coffee, because I saw it opened, I believe, by Mr. Fennell—I think I saw him open it, I will not be certain—it contained sweepings—I saw a little taken out of the bag—it was Mr. Fennell, I suppose, that took that out—I saw him a little while after the bags were brought—he did not say anything when he came in—he saw the bags, but did not order anything to be done with them—I saw one opened, that was when my master was in the room—I did not see anybody else there—it is not a very large room—I saw the coffee that was taken out—it was put on the boards, that is, where the samples an usually put—I did not put it on the boards—there was no one else there but me and my master—I cannot say at all how long it remained there—I did not see it there the next day—the bags of coffee were there a few days—I did not see my master take the samples out—I do not know what became of the bags; I think they must have been delivered away in my absence—my master was not at home when the bags of coffee came—I do not think he said anything when he came in—he saw them there, but did not say anything about them—I did not say anything about them to him—he asked me if I had paid the man for the coffee, and I told him I had paid him 2s.
Cross-examined. Q. Do you mean to say he said anything about coffee to you? did he use the word coffee, or did he simply ask you if you had paid the man? A. I do not recollect—the coffee was there—he could see it—I went into his service on 1st Oct., 1849—I have no recollection whether this transaction was a week, a fortnight, or three months, after I went into his service—I was in his employment about eight months—I do not know what he was; I think he must have been a commission-agent—I am fifteen years old—I have been paid for my attendance—I do not know whether it is by the Customs—I have not received money from the Customs; it was from Mr. Bridges, a police-inspector—I have received about 10s. I think—I have never been at the Customs, at the office of the solicitor—Mr. Bridges did not come to me first; Mr. Evans, a police-inspector, came to me and paid me 1s. when he saw me—he did not give it me, it was my uncle—I can read and write—I do not know my catechism, not all of it—my uncle only gave me one shilling; I spent it for myself—nobody has given me any money but my uncle and Mr. Bridges—I understand the nature of an oath, that I am to tell the truth, and the whole truth—on my oath nobody else has given me any money except my master; that has nothing to do with this—I do not know a gentleman named Weale.
MR. BALLANTINE. Q. What wages used you to get with this man Fennell? A. Half-a-crown a week—I was at the police-court, Bow-street, once, and was here two or three days last session—I was before the Grand Jury—I do not think I have received more than 11s. altogether—Elston has only delivered those four bags, no others that I have seen—
I have not seen him before; and I do not think I have seen him since—I gave him the 2s. because Mr. Fennell gave it to me before he went out, and told me to pay it to the man who would come with tome bags; and I put it on the mantel-shelf.
COURT. Q. Mind what you are about, you were examined before the Justice. Who took that coffee out of the bag? A. No one but Mr. Fennell; he took it out.
GUILTY . Aged 38,— Confined Twelve Months.
Before Mr. Recorder and the Second Jury.
MESSRS. LOCKS and PARRY conducted the Prosecution.
WILLIAM HERITAGE . I am managing-clerk to Mr. M'Fane. I produce an examined copy of the record of the trial and acquittal, of George and Edith Hopwood—I was present at the trial—the prisoner was examined as a witness—(read.)
JAMES DROVER BARNETT . I am a short-hand writer. I was engaged in taking notes in the case of the Hopwoods—I recollect the prisoner being examined—I took notes of her evidence—(read—this evidence, at set out at page 378, was to the effect that at the was standing at the door the saw Parnell assaulted in Ramsay-street on 2nd Dec. by a man and woman with masks on, and that Edith Hopwood was that woman.)
GEORGE HOPWOOD . I am a backgammon board-maker, of 34, Ann's-place, Hackney-road. I know Jane Parnell; I lived with her some time, having left my wife—I took my wife back two or three months before 2nd Dec.—on that day I was at work in the back-shop in my yard the whole day, except at mealtimes—I never was outside the house the whole day—my wife was with me, and Mr. Field, the errand-boy, and my brother Edward—Mrs. Field was up-stairs; she answers the door, as it is too far off for us to hear it—my wife left the house just before four o'clock, and returned in about six or eight minutes—the errand-boy went out about twenty minutes past two, and returned about twenty minutes before six—with that exception, he had been with me the whole day—we were very busy to get an order in—I know the prisoner; she is a great acquaintance of Jane Parnell's; they went as sisters, and both worked for me—the prisoner lived with a man who worked with me—on 2nd Dec. they lived down by Hare-street, Spitalfields, Ramsay-street—I was charged with my wife with attempting to cut the throat of Jane Parnell, but I was never in the street—in the evening, about ten o'clock, the prisoner came to my house with a policeman—she knocked at the door, and Mrs. Field answered it, and called me—I went with my wife, and saw the prisoner and policeman—he took my wife prisoner, and said it was for cutting a woman's throat—the prisoner said, "That is her, I swear to her"—she did not point me out—my wife was taken to the station; I followed with an acquaintance—they were going to turn me out of the station—I said I would not go out—the policeman said, "Let him stop," and in about five minutes the Ogan came—then they said I was a prisoner—the
prisoner said she could swear to me as struggling with the woman on the ground with a mask over my face—I was taken to Worship-street—the prisoner was the only witness at first—I and my wife were remanded, and were afterwards held to bail, and tried here.
EDITH HOPWOOD . I am the wife of the last witness. On 2nd Dec. I was never out but once, about five or ten minutes to four o'clock, and I was gone about eight or ten minutes—I was not in Ramsay-street that day with a mask on—the policeman came about half-past eight in the evening with the prisoner, who said, "That is the woman"—I said, "What! have you come to bring further trouble? this is something you have made up"—she bung down her bead and said nothing—I was afterwards tried for attempting to murder Mrs. Parnell, and acquitted—the prisoner knew my person well—I have known her eight or twelve months only by bringing work to my house.
FREDERICK FIELD . I am in Mr. Hopwood's employ. I was at work with him the whole day on 2nd Dec.—Mrs. Hopwood was there the whole day, except for about seven or eight minutes—I understood that she went for some candles—neither Mr. or Mrs. Hopwood were in Ramsay-street that evening.
SARAH FIELD . I am the wife of the last witness, and am in Mr. Hopwood's employ. On 2nd Dec, when the policeman came, Mr. Hopwood had not been outside the door all day long—Mrs. Hopwood went out at a few minutes to four o'clock for some candles, and returned some few minutes after four—I watch the door; nobody can go out without my hearing them—I opened the door to the policeman—the prisoner came with him; she pointed out Mrs. Hopwood, and the policeman took her.
EMMA CALLOW . I am married, and live in Abbey-street, Bethnal-green. I know Jane Parnell; she and the prisoner were acquainted—on 2nd Dec, about half-past six o'clock, as near as I can guess, the prisoner came to my house very much confused—she sat down in a chair, and said; "Oh, my God! George Hopwood has out Jane Parnell's throat"—I said, "Bless me, cut Jane Parnell's throat, why how is that?"—"Oh," she said, "I really don't know, for I neither saw nor heard nothing about it, though I was in my own room, standing at my own door"—Ramsay-street is a very few doors from Abbey-street—I know the spot where this is said to have taken place—a person standing at that door could not distinguish the features of persons there—there are weavers' houses in Ramsay-street—persons who called out in the street would be heard—on 3rd Dec. I was at Worship-street—about five minutes before the witnesses were ordered out, the prisoner came to me, and said, "Mrs. Callow, I never saw nor heard anything about it"—I said, "What you don't know you cannot say, and keep yourself out of further trouble"—I did not go before the Magistrate the second time; I was not called upon, and in my situation I did not think it was proper—I told Mr. Heritage what the prisoner had said to me, after the Hopwoods were committed.
Prisoner. What I said was, "For God's sake some one come here; some one has cut Jane Parnell's throat!" Witness. You said it was George Hopwood.
Hopwood went out about four o'clock for some candles, and was gone about eight minutes—I recollect the policeman and prisoner coming.
JOHN KNELLER . I am errand-boy to Mr. Hopwood. On 2nd Dec. I went out between two and three o'clock, leaving my master and mistress there—I came back between five and six, and found them still there at work; they did not go out again till the policeman came.
MARY ANN DORMER . I live with my husband, at 18, Ramsay-street, Bethnal-green; the prisoner lived in our parlour. On Monday evening, 2nd Dec., I was up-stairs, and heard my name called; I went down and found the street-door open, the parlour-door where the prisoner lives was shut—I looked into the street, but saw no one; the prisoner unlocked the door, and asked me to come in—she did not appear alarmed at all that I noticed—I did not go in, and she said, "Do come in, it is not the woman you think it is"—I went in and saw Mrs. Parnell on the floor, leaning her head against the bedstead—the prisoner said some one had cut her throat—I asked who? the prisoner said, "She knows who"—Mrs. Parnell said, "I struggled bard;" but she appeared quite insensible—I could not see her throat—I staid there while the prisoner fetched some one—Mrs. Callow, and a man named Furze, came running in; and Mrs. Parnell fell from the bedstead under the table, and said, "George Hopwood, I never did you any harm;" they got her on the bed, and I went for a doctor—I saw the prisoner in my parlour next day, after she had come from the police-court; she appeared rather the worse for liquor—she said to Jane Parnell, "I want you to understand what I said up at the police-court, so as you may tell the same tale next time"—I left the room, as I did not wish to bear any more—by daylight I could see a person standing where this is said to have happened, but not in the evening; I have tried since.
HARRIETT BRADLEY . I am married; I know Mrs. Callow, I was with her in Abbey-street on 2nd Dec.—the prisoner came in between eight and nine o'clock—I heard her tell Mrs. Callow Jane Parnell's throat was cat—she said it was very strange, she was standing at her door and never saw anything of it till Parnell said, "Let me come in, for George Hopwood has cut my throat"—I said, "Too were standing at the door, and never saw nor heard anything of it;" and she said, "No."
EDWARD M'AULIFEE (policeman, H 142.) On 2nd Dec. I was called by a policeman, and went to 18, Ramsay-street, to the ground-floor, I found Jane Parnell on the bed, in a very excited state—she said, "Oh! George, George, don't!"—the prisoner accompanied me to Hopwood's house—I brought Mrs. Hopwood to the front-door, and the prisoner said, "That is her"—Mrs. Hopwood said, "I have not been out"—I took her to the station, and Hopwood followed—Ogan, who was tried and convicted of perjury last Session, said, "That is the man;" and then Hopwood was charged.
BENJAMIN VALE . I am a surgeon. I was sent for, and found Mrs. Parnell with a wound in her throat—there were three parallel lines which might have been made with a trevat, which is a guarded instrument, used by weavers; it can be placed so as to cut to any depth you like.
HENRY STUBBS . I am a weaver, and know Ramsay-street. There are many weavers there—I produce a trevat, which is used for weaving velvet—it can be regulated so as to cut skin deep only, or to any depth.
GUILTY . Aged 25.— Confined Two Years.
NEW COURT.—Monday, March 3rd, 1851.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SALOMONS; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
WILLIAM WILTSHIRE . I am a tailor. On Tuesday night, 3rd Dec., about nine o'clock, I was coming from the Broadway, Westminster, and as I came near Mr. Lewis's shop I saw the prisoner and another man coming from the shop—(I knew the prisoner before)—the other one had been trying to shove this cotton under his coat, but he could not do it—he then tried to pass it to this prisoner, but I called out, "Stop him!" and then be threw the print down, and they ran away—I took the print up—I saw the policeman stop the other one—this prisoner was not caught then.
WILLIAM MILLERMAN (policeman, B 95.) At a little before nine o'clock, on the night of the 3rd Dec, I saw a person who has been tried, with the prisoner—the prisoner got away, but I am sure be is the man—I bad seen him before and since—I know him well—the other one, threw this print away.
Prisoner. Q. Did you not say you could save taken me the same night, only you did not want the trouble? A. No; I did not see you again till the 12th of February.
Prisoner's Defence. I had been with the other; out I left him and went home to clean myself; I heard that he was taken, but I bad not been with him for some time; I have been about Westminster ever since, and passed several policemen.
GUILTY . † Aged 21.— Confined Twelve Months.
GUILTY . Aged 21.— Confined Three Months.
JOHN REDDELL . I am foreman to Mr. David William Wotton and another; they are gun-manufacturers, in Great St. Helen's—the prisoner was their warehouseman—he had a cupboard to his bench, which is usually kept locked. On Thursday night., 24th Feb., I bad his cupboard unlocked, after he was gone, with a key that we had to fit it—I found in it thirty-one bayonet-springs—I locked the cupboard and left them there—I made a report to the foreman next morning—I had the cupboard unlocked every night after that, and still saw the springs there—on the Monday night following I told one of the servants to unlock the cupboard—I did not see it opened—the servant told me something—I went to Bishopsgate-street and overtook the prisoner—I asked him to come back, and he did—he had a parcel in his band, which was three dirty aprons—I asked him to unlock the cupboard, and I saw him do so; the springs were not there
—asked him for the thirty-one bayonet-springs—he seemed confuted, and walked about; he did not say anything—I said if he did not give me the springs I should give him in charge—after a short time he took twenty-five springs out of one of his pockets, and six out of the other—I told him to go about his business, and to come the next morning to see his employers—these springs were usually kept in a floor over his head—I do not know these springs at all, but I had missed some for some weeks—the prisoner did not come back on the Tuesday morning, but, he came on Wednesday—he said he was innocent, but be said he had gone up to my floor and taken the thirty-one springs.
Cross-examined by MR. PAYNE. Q. He said he was innocent? A. Yes, when he was first taken into the counting-house—he was going towards his home when I overtook him—he had been in his master's employ fifteen years.
GUILTY Aged 58.—Recommended to mercy by the Jury. — Confined Four Months.
ANN WOODWARD . I am a widow, and live in Albion-place, Gee-street, On 16th Feb. I saw the prisoner, about half-past one o'clock, coming through the passage of my house, which leads from the kitchen to the street, with the saucepan in her Band—I had never seen her before—she had no business in my kitchen—I asked what she was going to do with the saucepan, and where she was going with it—she said it was hers—I told her it was mine, and I took it out of her hand; this it it—I went to my kitchen, and my saucepan was gone from there
HENRY KIDNEY (policeman.) I produce a certificate of the prisoner's former conviction at this Court by the name of Mary Jones—(read—Convicted May, 1846; having been before convicted, and confined one year)—I was present—the prisoner is the person.
GUILTY Aged 50.— Confined Twelve Months.
WILLIAM PLUKNETT MICKLAM . I am a tobacconist, and have in Fleet-street. On 12th Feb. the prisoner came into my shop, about half-past one o'clock—he asked for a cigar—there was a box of cigars on the counter—be pulled them about very much—I asked him not to do so, as they were expensive—he handled them again, and he said, "Oh these are the best, then I will take the lot," and he took a handfull, as many at he could, and went off.
ROBERT ALLEN (City-policeman, 321.) About half-past one o'clock, on the 12th, Feb., I saw the' prisoner in Fleet-street, about 200 yards from Mr. Micklam's shop—he was running from there—I stopped him, and asked, a constable, who was in pursuit of him, what he was wanted for—the prisoner made answer, "I have been nailing some cigars"—I took him back to the shop, and told the other officer to follow in the track, to see if any of the
property was to be found—the prisoner said, "It is no good for the fools to look for the cigars; I have them in my pocket"—he took them from his pocket and gave them to me.
GUILTY . * Aged 20.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOHN HENRY BUTLER . I am servant to Mrs. Griffith, of Brompton—we have beer of Charrington and Co.—the prisoner was in the habit of receiving money for the beer. On 80th Oct. I paid him 9s. for beer famished by those parties—he gave me this receipt; I saw him sign it—on 13th Nov. I paid him 9s.: I saw him sign this receipt for it—on 11th Dec. I paid him 18s.—he gave me these two receipts; I saw him sign them.
Cross-examined by MR. BALLANTINS. Q. What is Mr. Hazard? A. A brewer—I paid these bills on the days that they bear date.
CHARLES CROXFORD . I am cashier to Richard Charrington and another; the prisoner was in their service—it was his duty to go and get orders, receive money, and enter the money he received in his own cash-book, which was kept in the counting-house, on his return home, and pay the money to me—I have his cash-book—here is no entry of 9s. received from the last witness on 30th Oct., nor of 18s. on the 11th Dec.—I have never received these sums from him—he has not accounted for them—I have looked through the book; I do not find them entered under any other date.
Cross-examined. Q. It was his duty to enter these in the cash-book? A. Yes; I never knew that he made up his cash-book at the end of the Week—this is the book in which he enters all payments received by him—there was no other cash-book but my own which I copy from this—then was another cash-book which he ought to have had in his possession—the first entry would have been in that rough cash-book—this cash-book must "have been made up from that rough cash-book, or from memory—I have heard the prisoner has been there seventeen or eighteen years—I have been there four years—he was there when I went—I have not seen him the worse for liquor—if I were not in the way, Mr. Howe, the junior clerk, would receive these sums of the prisoner, and hand them to me—he has come in the worse for liquor, but not so bad but be knew what he was doing.
MR. PAYNE. Q. If Mr. Howe received these sums, would he receive them from this book? A. Yes, he would—I can tell by this book that I was at home on 30th Oct., and received some entries from the prisoner that day, so that I should have received this 9s. if he had paid it—I was at home on 13th Nov., and received some sums from him—I did not receive this 9s.—it would not have been the duty of the other clerk to receive it then, it was mine, and I was there—I was there on 21st Dec.—it was my duty to receive this 18s., which I did not receive—my name is to the book—I must have received other sums.
COURT. Q. He ought to have accounted to you for these sums? A. Yes, if I were there—if I have been very busy, I may have said, "Pay it to Mr. Howe," and he has paid me again.
GUILTY . Aged 35.— Confined Twelve Months.
(There were four other indictments against the prisoner.)
665. CAROLINE HAZLEDINE , stealing 30 sovereigns, 15 half-sovereigns, and other moneys; 3 10l.-notes, and 6 5l.-notes; the property of Mary Sumpsion, her mistress, in her dwelling-house: to which she pleaded
GUILTY . Aged 17.— Transported for Seven Years.
GARVIN pleaded GUILTY . Aged 29.
OTTRIDGE pleaded GUILTY. Aged 44.Recommended to mercy.—
Confined Six Months.
GUILTY . † Aged 17.— Confined Six Months.
GUILTY . Aged 22.— Confined Four Months.
JAMES OSBORN . I am mate of the brig Harrison—she was lying at Son Wharf, Ratcliff. On 23rd Feb. I was in my bed—between three and four o'clock in the morning I heard a noise in the cabin—I called to know if it were the master—the master told me he was in bed—I then sot up, and took a hammer in my hand—the prisoner came towards me—I could not see him, it was dark; but I took hold of him by the collar of his jacket, and held him till the mailer got a light—the master went on deck to call the police—while I was holding the prisoner he tried to get away from me, but could not—while we were struggling, we fell on the floor—he took the poker to strike me, but I defended myself from him—the ship's company came, and the police, and the prisoner was taken.
Prisoner. I will plead guilty.
GUILTY . * Aged 23.— Transported for Seven Years.
JAMES THOMAS . On 10th Feb., about half-past ten o'clock, I was between Whitechapel Church and Aldgate Church, proceeding to the East India-house—as I was going through the market I felt a twitch at my coat-pocket, where I had a silk handkerchief—I turned round instantly, and saw the prisoner, he was placing my handkerchief in his own pocket—he began to run; I made after him—he threw my handkerchief on the ground—I took it up, and continued to follow him—I never lost sight of him—I sung out, and a gentleman stopped him—this is my handkerchief
Prisoner. I picked it up.
Prisoner. I will plead guilty now.
GUILTY . * Aged 20.— Confined Twelve Months.
GUILTY . Aged 18.— Confined Six Months.
WILLIAM WOOD MORRICE . I am assistant to my mother, Angelina Morrice, a widow, she is a hosier. On the evening of 7th Feb. I went into the shop; the two prisoners were there looking at some prints—they were in the shop about ten minutes after I got there—Mason said she wanted a particular pattern—I was sure we never had such a pattern—I told them I did not think they meant to purchase prints; and I told them to leave the shop, which they did—they went up Trinity-square, and turned down Catherine-court—I went another way, and saw them—they met a policeman, and crossed to the other side of the way—I spoke to the policeman, and we took them—we found this print on Champion—it is my mother's, I know it by the private mark on it—I had seen it safe half an hour before.
MASON— GUILTY . Aged 18.— Confined Six Months,
672. JAMES SALMON , stealing 1 bridle and saddle, value 2l.; the goods of Thomas Crowther: also, 1 bridle and saddle, value 3l. 10s.; the property of William Jenkinson: also, obtaining 1 saddle, and other goods; the property of John Elder Duffield, by false pretences: to which he pleaded
GUILTY . Aged 24.— Confined twelve Months,
OLD COURT.—Tuesday, March 4th, 1851;
PRESENT—Sir C. MARSHALL, Knt., Ald.; Mr. Ald. FARNCOMB; Mr. RECORDER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Third Jury:
GUILTY . Aged 18.— Confined Three Months.
GUILTY. Aged 26.—Recommended to mercy. Confined Six Months.
MR. BIRNIE conducted the Prosecution.
WILLIAM HAWLET . On 1st Jan. I succeeded the prisoner in the occupation of some rooms, and he continued to live next-door to me; my bedroom adjoined his—there was a door between, bolted on both sides—on 80th Jan. I had a trunk under the bed, in which was a carpet-bag containing a quantity of cotton, and ninety-seven or ninety-eight sovereigns—on 6th Feb. I went to the trunk and found the bag taken out, and thrown under the bed—I opened it, put my hand down for the purse, but found a hole had been cut in the bottom, and the purse and sovereigns were gone—the next day I found the prisoner had left—be, had not told
me he was going away—we had always been on good terms—there are six dwelling-houses in a gallery; there is only one flight of stairs—then are warehouses underneath—the prisoner had seen me with 50l., and once he went with me to the Bank to get some notes changed—he had told me he wished to go to New Orleans, but had not sufficient means—I reeommended him to go to Port Natal; he said he had not sufficient to take his wife—he asked me to go with him to Mr. Beckett, the broker of the ship, to get him a cheap passage for 8l.—when I discovered my loss I got a policeman, went to the Docks, and found the ship John Bright, just going into the river—we went on board, found the prisoner, and told him the charge—he said, "How can yon suspect me"—I saw the officer search his boxes; they contained eight new coats, eleven pairs of trowsers, six waistcoats, and a quantity of new handkerchiefs and stockings, worth as near as I can guess, about 25l.—the ship took us down to Gravesend, and we then went ashore and took the prisoner to the Mansion-house—I took him down to Gravesend again, got his chests on shore to a public-house, searched them in his presence, and found a quantity of smith's tools belonging to me (produced)—did not miss them till I saw them; the prisoner had carried them for me from my house to the warehouse; there is an adze, with the name of Richardson on it, which has been, in my family for fifty years; my father made it—on the day before I discovered my loss, I received this letter by post; it is in the prisoner's writing—I have seen him write—(This letter stated that he was ashamed of not coming to wish the prosecutor good-bye before he left, but he could not help it, having been down to Liverpool, and then come, back and taken a passage in the John Bright to Natal, that he would wait there till the arrival of some goods from the prosecutor, and help to get them out; and was signed, JAMES SCHOFIELD—I was going to send some goods to Natal—only 6l. or 7l. have been found—I saw a key of the prisoner a tried to my door, and it fitted it.
Cross-examined by MR. PAYNE. Q. What was the prisoner? A. A plasterer—I never heard that he did carpentering work—my father made great many tools—I also know this file by a snip out of it, I broke It myself—I have worked with these pincers many scores of times, and also with these pliers and compasses—the prisoner told me he had come from Bradford, and I have no reason to doubt it—he told me if he could get money from Bradford, he should go by the John Bright—there are sit rooms opening into this gallery; people do not come into the gallery to hawk goods and sell fish—the prisoner's key will not open all the doors, only his and mine—the servant was generally with me and my wife in the refreshment-room, which we keep, about 200 yards off—there has been no unpleasantness between the prisoner and my wife.
CHAELES BAILEY (City-policeman, 524.) On 2nd Feb. I apprehended the prisoner on board the John Bright—I searched him, and found on him 4l. 5s. 6d. and, in his box, 1l. 8s. 2 1/2 d., and a quantity of new clothes; also a bill for clothes, amounting to 10l. 3s.—the bill contained all the clothes I found except eight new coats—I also found some pistols, a plane, and a key—I tried the key to two doors in the place Where the money was taken from; it fitted them both—I also found a key which had been filed, but that did not fit.
Cross-examined. Q. When did the prosecutor first tell you of hit loss? A. On Friday, the 7th; he Had then got the prisoner's letter—I found the
prisoner down in hit berth—he objected to his boxes being searched if the presence of his fellow-passengers, and we took them on shore—he said he did not want to be exposed, or something to that effect—as the tools were taken out and identified, the prisoner said, "Do you suppose I should not have a few tools, going out to Natal"—Hawley said they were his—the prisoner's wife was not on board.
MR. PAYNE called.
NATHAN CLOUGH . I live at Bradford, and have known the prisoner tea or twelve years—he comes from that part; he left eight or ten months ago—he bore a very good character—he belonged to a club there for saving money; he has received 30l. at different times—the last 10l. was about ten months ago, and I have paid him 8l. since—it had been borrowed of him, and I had to pass it to him.
GUILTY . Aged 28.— Transported for Seven Yean.
MR. PAYNE conducted the Prosecution.
LEWIS HARRIS . I am a fruiterer, of Brentford-hill, in the parish of Isleworth. The prisoner has been in my employ; he left about two months ago, or more—the shop is open to the street—previous to 9th Jan. I had missed money from the till—last Saturday-week I marked 15s. in silver, and some halfpence with a pin at the police station, and a policeman afterwards saw me pat it in the till—he afterwards produced 5s. 6d. to me, which was part of the money I had marked.
CHARLES BLAKE (policeman.) On 22nd Feb. I went to Mr. Harriss's, and, by arrangement with him, I saw him place some money in the till—I placed myself on the stairs, where I could see the till—I heard a door go at about half-past eleven o'clock at night—I cannot tell what door it was, but I saw the prisoner at the till; he opened it, took something oat, and put it into his pocket three separate times; he then shut the till, and turned round to leave it; I came out, and took him with 7d-worth of halfpence in his band—I searched him, and found 8s. 4d. in silver, and 2s. 3 1/2 d. in copper; I took him to the station, where Harriss picked out of it 5s. 6d., as marked—the doors were all safe when I went there, and Harriss locked me in—the prisoner was not in the shop then—be could only have got in by a false key, unless he got in by the cellar; but then was nothing disturbed—I could not see the front-door where I stood, and could not see the prisoner till he was at the till; he made very little noise—I found no key on him, and the door was still locked, but I heard somebody run from outside the door when I took the prisoner.
Cross-examined by MR. THOMPSON. Q. Is not it possible anybody might have been concealed in the house? A. There might have been; the shop was closed at ten o'clock—I searched the back-room and shop, but not the rest of the house.
LEWIS HARRISS re-examined. The prisoner was not in my house when I left the policeman there, for I went over to the Half Moon; and though I did not see him there, I saw parties who did—he could not have got in without opening one of the doors.
Cross-examined. Q. Does any one else occupy the house? A. Only
my brother—the money Was partly his—I left nobody in the bottom of the house but the policeman, and he was on the stairs—the prisoner was to my employ twice, for four years—it is about six months since I discharged him.
GUILTY of stealing. Aged 18.— Confined Four Months.
GUILTY. Aged. 25.—(The prisoner received an excellent character, and was recommended to mercy, — Confined Twelve Months.
GUILTY . Aged 68.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
JOHN MERRITT (City-policeman, 535.) On 1st Feb., about five minutes to eight o'clock in the morning, in consequence of information, I placed myself in the bar of the Coal Exchange Tavern, in St. Mary-at-Hill, immediately opposite Mr. Wing's residence—I saw Sanderson come in, and Green followed him—he came in front of the bar, and called for half-a-quartern of gin—he pulled off his hat, and gave Green this bag—(produced)—she put it under her shawl—I was in my police dress, inside, the bar, but I do not think she could see me—I saw him take another bag from his pocket, and give it her—she put that under her shawl—they then drank up the gin, and went out—I followed them, and took Sanderson, and found five empty canvass-bags in his hat, and this key—I searched his house, and found a number of bags, and some nutmegs, sugar, Spanish juice, four strings of figs, and some ginger.
Cross-examined by MR. CLARKSON. Q. Does Green live at a place called Wagoner's-buildings? A. Yes; I was behind a wooden partition, looking through some glass eight or ten inches square—there was no curtain before it—I do not think they saw me—they could if they had looked—the window is about three yards from the bar.
JOHN STRICKLAND (City-policeman, 382.) I was outside this public-house—Green came out first; she was stopped at some little distance, and I asked what she had under her shawl—she said, "I have nothing"—I said, "What have you in your basket?" she said, "Nothing"—I said, "I am not satisfied with this; you must go with me to the station"—I took her there, and found three bags of coffee in her basket—she gave her address, 9, Robert's-place, or Buildings, Commercial-road, or White-chapel—I will not be positive which—I inquired at 9, Robert's-place, Commercial-road, and found it to be a cowshed—there was also a house, No. 9, next door, but no one named Green lived there—I opened the cowshed, and locked it again with this key—I am sure it was locked—I then went to 1, Wagoner's-buildings, and tried the key to the door; it opened it; it also opened some drawers, in which I found a quantity of money, but nothing relating to this robbery—in another drawer I found this canvass, marked, "Q. 2,699," this bag under the bed, and this piece of canvass in the cupboard.
Cross-examined. Q. Was Green dressed as she is now? A. All except that fur round her neck—I had seen her go into the public-house—Merritt went in, and I waited outside—Green did not tell me she had received the
coffee from a man—she begged for mercy—one end of Robert's-buildings runs into Whitechapel, and one into the Commercial-road.
CLEMENT FRYER . I live at 2, Manifold-place, Kennington-lane. I know Green—she lives at 1, Wagoner's-buildings, Dyer's-walk, and not in Robert's-place—I have been in the habit of collecting rent of her—I am not aware of any business that she carried on.
Cross-examined. Q. How long have you collected rent for her? A. Seven months—she bears a very excellent character.
GEORGE THOMAS GARNHAM . I am in Mr. Thomas William Wing's employ—Sanderson was so also, and had access to the whole of the place—it is impossible to swear to this coffee, but to the best of my belief it is part of a parcel of plantation coffee which we had on the third-floor—it is worth about 7s.—I know these canvass bags by the number and mark—they are Mr. Wing's—Sanderson had no right to take them away—(Green's statement before the Magistrate was here ready as follows:—"I am very sorry for what I have done, and shall be very glad if you will let me go; I never did anything before; I have been in service a long time, and bore an excellent character.")
GREEN— NOT GUILTY .
WILLIAM MATTENEY . I am a labourer, in the service of Messrs. Heron and Rattey, brick-masters, at Hillingdon. On 14th Jan., I placed a shovel, pickaxe, and mattock, in a sand-house on their premises—the door was left locked—next morning I found the rafters had been taken away, and the tools were gone—these are them (produced.)
Cross-examined by MR. CARTER. Q. What is Mr. Heron's name? A. William—I had the key of the door—there were other tools there, but I only missed these—the shovel belonged to my masters, and has their names on it—the mattock and pickaxe had been lent to me three weeks before—here is a mark on the pickaxe handle, and a notch on the mattock by which I know them—I have used the shovel eight months—some hundreds of men are employed there at times—I am certain these are the same tools.
THOMAS DENTON (policeman, T 100.) On 15th Jan. I was on duty at Hillingdon, about one o'clock in the night, and saw the prisoner and a young man named James Devonshire coming in a direction from Messrs, Heron and Rattey's brick-field with some tools—the path they were in came from straight opposite the sand-house—Devonshire had a pickaxe, shovel, and other tools—I followed them down to Devonshire's house—Bunce was behind the door—I said, "What! have you got some tools?"—the prisoner said, yes; they had been at work in Mr. Heron's field, and he fetched the tools from there, and had been out drinking—the prisoner had no tools—I left them in Devonshire's house, returned in a quarter of an hour, and they were both gone and the tools also—the same morning, about eight, I received information, and found the tools in a wet-dock leading from the Grand Junction Canal to the brick-field, and about fifteen yards from Devonshire's house—I took the prisoner on 20th Feb.—Devonshire is still absent.
Cross-examined. Q. He did not live in Devonshire's house? A. No; it was a moonlight night—I do not think they saw me following them—I was in the road, and they were in the path—the prisoner's house is about fifty yards from there—they were not going towards it—I had not heard of any robbery, but my brother constable had told me something—the prisoner came out from behind the door when I went in—I had not to pull him out—I did not rap at the door—it was open.
JOSEPH HENRY TAYLOR (policeman, T 115.) On 14th Jan., about twelve o'clock at night, I saw the prisoner and James Devonshire talking to two females—they parted from them, and went towards the field where the tools were stolen from—they were about a quarter of a mile from it close to both their houses—I expect they were going home—the prisoner must have passed his house when Matteney saw him—they had no tools—I also saw them at half-past one, going in a contrary direction—they had no tools with them then—I knew them both as working in the neighbourhood for three or four years.
Cross-examined. Q. You did not see them in any field? A. No; going along a road towards Uxbridge.
DAVID COOPER . I am manager to Messrs. Heron and Rattey. Bunce and Devonshire had been employed in the summer, not by them but by one of their gangsmen—they were not employed on this occasion, and bad no business on the premises.
GUILTY of stealing the shovel. Aged 24.— Confined Six Weeks.
MR. LOCKE conducted the Prosecution.
HENRY LANKESTER . I am a butcher, of 21, Seymour-street, Camdentown—the prisoner was in my employ. On 7th Feb. I marked some breasts and loins of mutton, and some pieces of beef which I left in the shed, and went to market—I came back about eight o'clock and missed part of a loin of mutton, and a breast—he had authority to sell in my absence—I went to Mr. Lynch's, and found it—I asked the prisoner if he knew anything about it—he said, "No;" he afterwards said it was the first he had taken—it weighed six pounds, and was worth 2s. 6d.
Cross-examined by MR. RIBTON. Q. How long had he been in your service? A. Three or four months—I owe him a small amount of wages—I have no wish to press the matter, on account of his friends.
MARY LYNCH . I am the wife of William Lynch, of Grove-street, Camden-town—I wash for the prisoner. On 7th Feb. I received his washing with a breast of mutton, and a small piece of chump in it—he asked me to take a joint, and work it out in washing—he said he was going to pay his master for it, or else I would not have had it—I ate a portion of it, and gave the rest up.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury. Aged 27.— Confined Three Months.
NEW COURT.—Tuesday, March 4th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. WILLIAM HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . * Aged 23.— Confined Twelve Months.
M'GUIRE pleaded GUILTY . Aged 14.
LOVETT pleaded GUILTY . Aged 18.
Confined Twelve Months.
GUILTY . Aged 48.— Confined Twelve Months.
GUILTY . Aged 36.— Confined Six Months.
GUILTY . Aged 23.— Confined Twelve Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
WILLIAM SOUNS . I am a die-sinker, in Rupert-street, Haymarket On Thursday, 23rd Jan., O'Shea came to my house between ten and eleven o'clock in the morning—my son handed me this note, and said, in his presence, that he had received it from O'Shea—(read)—"Sir, I want to know whether you would have the goodness to make a cast for two half-crowns; and if you do, what you will charge; you will be paid liberally and faithfully, and depend upon the strictest secrecy"—I read the note, and asked O'Shea what he wanted—he said a mould to make half-crowns—I appeared surprised, and told him that was decidedly wrong—he said, "We know it is not right, but we want to make them"—he said they wanted to pass them—I asked him to describe what he wanted—he said his comrade was outside, who could explain it better than he could—I requested him to fetch him—he did so, and Mulcharey came in—I said to him, "I suppose you are aware what is wanted here"—he said, "Exactly so"—he said he wanted a steel die made for half-crowns—I asked him if it must be in steel—he said, "O certainly, nothing else"—I made a sketch on paper and showed it him—he said he wanted it large, to make two at once; and he made a sketch with two on it; and he sketched the mode in which the channel was to be made—O'Shea was standing by at the time—Mulcharey described to me the channel that he drew—I undertook to do it, after settling about the price, which I told them would be about 10l.—O'Shea offered me 4l., and said he could get it done for less in Birmingham, but he did not want to go further if I could do it—I at last agreed for the price of 6l.—I then asked them how they came to come to me—Mulcharey
trailed, and said, "You see we found you out"—in subsequent conversation I inquired how they came to me, and they said they had a letter from a person in Ireland to an engraver in the same street—there had been an engraver in that street, but he is dead—they were to come back on Monday, 27th—on the day they first came I went to the police-office and informed the inspector what had taken place—I gave the note and the sketch to the inspector; and in consequence of instructions I went on with the proceeding—on Monday, 27th, Mulcharey came alone, in the morning—I had prepared the mould, and showed him what I had done—in the evening both the prisoners came, and said they wanted it done by Thursday, as they wished to return to Cork—Mulcharey said he should be able to put a great many pounds in my pocket, that they should want a great deal done in that way, and the next mould would be to make sovereigns—I think it was Mulcharey said that—O'Shea was there—the prisoners then came almost daily to watch the progress of the mould—on 7th Feb. O'Shea came alone; he saw the mould; and he presented to me two Bank of Ireland notes, one for 1l., and one for 3l.—he asked me if I would make-some notes of that description—I told him it could be done, and asked him what they were for—he said he could pay the rent to his landlord, and he would make them good—he left the notes with me—I had communicated to the inspector about the note and the sketch; and I did also about these notes—on Monday, 10th Feb., I saw both the prisoners about the notes; they were anxious to have them done very quickly—O'Shea said some of his neighbours were rising rapidly in fortune by forged notes, and he wanted a good supply too—he said that they supplied them at 1s. 6d. each in London and Liverpool, But he did not know exactly where to get them, and he wished to have plates of his own—I showed them the mould at that time, it was nearly finished, and they were to come to try it the next evening, the 11th—on that evening they both came again, and O'Shea brought some tin in his pocket, which he melted in the ladle, and I poured it into the mould—both the prisoners then said that the channel was not sufficiently large to allow the metal to flow quickly—I undertook to alter that by the next day—they went away, and they both came on the next day, Wednesday—O'Shea brought a little more tin, and it was melted again, and the mould tried as before—I was paid the balance for the mould—I bad already received half of it—O'Shea paid me all the money—the balance I received on that Wednesday was 3l., or 3l. 10s.—O'Shea gave, me his address in Ireland—the notes were to be sent there—I was to make the notes entirely, and send them ready made—I was to make a small tool to repair the edges of the half-crowns—they took the mould away with them—I bad arranged with the police, and the prisoners were taken the same day.
Cross-examined by MR. BALLANTINE. Q. Can you give us any idea how O'Shea came to select you? A. No, it was Mulcharey who drew the plan—I told O'Shea it was very wrong—I then went on under the direction of the police—O'Shea made no secret about it—mine is a private house—my workshop is at the back—I had an application of this sort twenty years ago, but I had nothing to do with it.
Mulcharey. I told you that I knew nothing about the notes. Witness. O'Shea alone introduced the notes, and he said to me, "I have not let my comrade know about the notes; I don't think I shall"—I said,
"That is your business"—when you came together, O'Shea produced the notes to me, and I said, "Then your comrade knows about it?"—and he said, "Yes, I told him"—you ordered where the notes were to be sent; you gave the same address that O'Shea had given; and you promised me your patronage.
JOHN STUNT . I am an inspector of the detective police. On the 23rd Jan., about four o'clock, Mr. Soun came to me about this—he brought me this letter and piece of paper—I waited on Mr. Powell, the solicitor of the Mint—on Monday, the 27th, I went to Rupert-street with Langley—I saw the prisoners enter Mr. Soun's house; they remained nearly an hour; they left, and I and Langley followed them to Orange-street, Paddington; O'Shea went into No. 9—on the 12th Feb., I saw both the prisoners enter Mr. Soun's about six in the evening—when they left I followed them into Regent-street, and near to Air-street I took O'Shea—I told him I was an officer—he resisted very much—I felt there was something in his left-hand waistcoat-pocket—I endeavoured to get it, and with assistance I took this mould from his left-hand waistcoat-pocket—it was wrapped in white paper—I took him to Vere-street station, and found on him seven sovereigns, and half-a-crown in silver, in good money, in a bag next his shirt; the sovereigns were in an inner bag—I went to No. 9, Orange-street, where O'Shea had gone in; I went to the first-floor front room, and saw Langley take from a cupboard some bars of tin.
EDWARD LANGLEY (police-sergeant, A 25.) I apprehended Mulcharey on the 12th Feb.—I found on him a pocket-book, with the address "Mr. Ash, 58, Rupert-street, Hay market," on it—I found these tin bars in the room that was pointed out as the lodging of the prisoners.
Cross-examined. Q. Did they both lodge at your house? A. Yes, they said they both came from Ireland—O'Shea came there first, he slept there two nights before Mulcharey came.
Mulcharey's Defence. I was taken to the same lodging with this man without any idea but that he was an honest man; I never knew anything contrary to it.
(James O'Shea, the prisoner's brother, gave him a good character.)
O'SHEA— GUILTY . Aged 55.
MULCHAREY— GUILTY . Aged 52.
Transported Ten Years.
MESSRS. BODKIN and CLARKSON conducted the Prosecution.
JOHN CHARLES REYNOLDS . I am assistant to the solicitor of the Mint. I produce a copy of the conviction of John Connell at this Court, in June, 1847—I have compared it with the original, it is correct—(read—Convicted at this Court, June, 1847, confined Six Months.)
22nd Feb. the prisoner came to my shop about eleven o'clock at night for 6d.-worth of wine-biscuits—he gave me a sovereign—I tried it in a detector, and it was good—I gave him 19s. 6d. change—he then asked if there were any walnuts mixed with the biscuits—I said no, I had not got any—he had seen the biscuits before—he then said he was to get half walnuts, and they would not do—I gave him back the sovereign, and was preparing to take 19s. 6d., when two other men came in and asked me to serve them—the prisoner then said, "Well, if I take them, and they won't do, will you change them"—I said, "Certainly"—he then tendered me a sovereign, which I tried by the same instrument, and it was bad—I am certain it was not the same sovereign he gave me first—I seized him by the collar—I did not say anything, for there was no less than four persons in the shop—I seized him at once, and said be had been attempting to pass a bad sovereign—he struggled desperately to escape—I called for assistance, finding I could not hold him—as I was reaching across the counter, a young man who lodges with me came and seized him round the waist—he struggled, and got near the door—I ran round the counter, and ran to him; and a man deeply marked with the small-pox attempted to pull him out of the door—a neighbour or two came in, and the other two men went away—the prisoner was taken to the station—I gave the last sovereign he gave me, to the policeman—I marked it—this is it.
Prisoner's Defence. I gave him a sovereign; whether it was good or bad I cannot say; I had but one; I did dispute about the biscuits, and he put the sovereign down; he then put it in the detector, which he had not done before.
GUILTY .— Transported for Seven Years.
(The prisoner was stated to have been twelve times in custody for similar offences.)
EDWIN ROSS . I am a beer-seller, in York-street, Westminster. On 26th Feb. the prisoner came to my shop for a pint of porter—he tendered me a bad sixpence—I told him it was not good—I laid it on the counter—be said it was a good one—I took it up and bit it, and it bent—he then took it up—he drank three parts of the beer and went out as quick as he could—I went and took him in the street—Mr. Davey came, and assisted me to hold him till the policeman came—while I was struggling with him, five sixpences were shown to me; among them was one that was bent as I bent the one tendered to me—this is it.
Prisoner. Q. Did you not get paid? A. Some person came and offered me 1 1/2 d. for the beer, but I would not take it—I had no money from you at all—you did not come back a second time and pay me.
JOHN DAVEY . I am a baker, and live opposite Mr. Ross—I saw him in the street, struggling with the prisoner, and I went out to assist—while they were struggling I saw several sixpences fall from the prisoner's mouth—I took up five of them while I had him by the collar—I gave them to the policeman.
Prisoner. The landlord followed me and knocked me down in the street; as to had money, I had none about me.
GUILTY . Aged 30.— Confined Twelve Months.
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 33.— Confined Four Months,
(The prisoner received a good character,)
691. JOHN FOX , stealing 4 3/4 yards of woollen cloth, value 18s.: also, 4 yards of woollen cloth, value 1l.: also, 18 3/4 yards of woollen cloth, and 6 yards of silk, value 20l. 16s. 3d.; the goods of John Pannett Bull, his master: to which he pleaded
GUILTY . Aged 26.— Confined Eighteen Months.
692. JOHN LAWLER , stealing 1 pair of trowsers, and other articles, value 8s. 10d.; the goods of Duncan Drummond: and 2 shirts, and other articles, value 13s. 6d.; the goods of John Munro, in a vessel in a certain port: to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
(The prosecutor's name being Trendall, the prisoner was acquitted. The prisoner was indicted again, —See Third Court. Thursday.)
ELIZABETH RIDENTON . I am the wife of Samuel Ridenton, we keep a broker's shop. On 14th Feb., at half-past nine o'clock in the morning, I came in from the next door, and found the prisoner in my shop—I had not known her before—she had a lamp-glass in her hand, and asked me if I would purchase it—I saw she had got something under her cloak—I opened her cloak, and found this lamp, it is mine—I had seen it safe a few minutes before, on a turning-lathe—the prisoner said, "Don't give me in charge"—and kept soliciting me to let her go, but I gave her in charge to the policeman—I wish you to be kind with her—I do not think she is too witty.
Prisoner. I am very sorry for what I have done.
GUILTY . Aged 17.— Confined Four Months.
MR. PAYNE conducted the Prosecution.
EDWARD JOHN DAVIS . I am a hay-salesman, at No. 64, West Smithfield. On Tuesday afternoon, 18th Feb., the two prisoners came to me—George Randall asked the price of a load of hay, I asked him 3l. 5s. for it; be offered me 3l.; I refused to take it—they then consulted together, and went away—they came again in ten minutes or a quarter of an hour; that was between two and three o'clock—they again offered 3l., which I refused—after some time they asked me the lowest price, and I told them three guineas—they then said they were instructed by Mr. Hatt, a cow-keeper, at Westminster, to come and purchase a load of hay, and they wanted a good one, as Mr. Hatt was very ill, but he would look out of the window—I said, "Of course Mr. Hatt will pay the money for it when delivered"—they said, "Yes"—they again asked me to take 3l., which I refused—George Randall then said, "Well, let me have it for 3l. 2s.; but as I want to get something, you must make out the bill for 3l. 5s., which I did, and the carter was to give George Randall 3s.—the carter bad no authority to give up the hay without the money being paid—he was instructed to take it to Mr. Hatt, and not to deliver it without the money—as the hay was leaving, George Randall said be would go with the carter, and show him the way—I believed that the prisoners were in the employ of Mr. Hatt—I was out that evening, and came home about eight or half-past eight o'clock; I found the policeman and the carter at my house waiting for me—I went to the station, and found George Randall in custody—he said he had sold seventeen trusses to Mr. Reed, for 1l. 5s., and the money found on him was the money he received for that hay.
Cross-examined by MR. THOMPSON. Q. Had you known the prisoners before? A. I never saw them to my knowledge—the bill was made out to Mr. Hatt—I have given the same account of the transaction before—there are persons who hang about the hay-market, who get their living by negotiating between the salesmen and the persons who buy—I thought the prisoners were employed by Mr. Hatt—I have been a hay-salesman six years.
JOHN LIBERTY . I am carman to Mr. Peter Rogers, a farmer, who lives at Fryern Barnet. On Tuesday, 18th Feb., I had charge of a cart of hay of his consisting of thirty-six trusses—I saw the two prisoners that day, and went with them to different parts of London—I had my directions to go to Mr. Hatt's, which I believe is in Westminster—I was not to leave the hay without the money—as we were going along, the prisoners told me to come and have some beer—that was in Newgate-street—they had a mind to begin very quickly—I bad some beer—they were laughing and joking, and saying I was a better countryman than some of them—we went on to Gardner's-lane, and sold half a load—nothing was said about Mr. Hatt—they wanted roe to stop back while they delivered the hay in Gardner's-lane, but I would not do that—how I came to let them have the half-load was because they said they were in the habit of going to serve their master's customers—George Randall said Mr. Hatt was very ill in bed, and very nearly blind—they were to give eighteen
trusses at that slaughter-house in Gardner's-lane, but they only give seventeen—I did not see what they got for it—we afterwards went to another public-house and had a pot of beer, and they sold another truss to a chimney-sweeper—I believe William Randall sold that, while George Randall was drawing my attention to a piece of music—they then took me to another public-house, and gave me some more beer, and sold a truss to another butcher—(the first eighteen were sold to a butcher)—I wanted the money for my hay, and they said, "Come on, come on, we will have some more beer presently"—we went on till we came to Mr. Reed's, a corn-chandler, and he came and looked at it as well as he could—William Randall then said, "It won't do to sell it there, be won't give you more than 1s. 6d. more than you gave for it"—they went on, and then they came back and sold it there—the seventeen trusses were taken into a back shed—I saw Mrs. Reed pay George Randall 25s., and William Randall took the whip out of my hand, and whipped the horse and said, "Come on, let us have some more beer"—I laid, "No; you may go, I shall go and ask this policeman about that"—William Randall then ran off, and when George Randall came out, I gave him into custody—he was making the best of his way off, only he happened to get stopped—I did not see William Randall again till I went to Guildhall.
Cross-examined. Q. How many trusses were sold? A. Thirty-six altogether; seventeen to Reed, seventeen in Gardner's-lane, and two odd trusses to a sweep and a butcher—I have been three or four years in Mr. Rogers's employ—I have only come to town with loads of hay this winter—George Randall was in the shop receiving the money when I went to the policeman—I saw the money paid by Mrs. Reed, on the counter in the shop; William Randall was then gone on—it was not when there was no more beer that I gave this man into custody—they gave me plenty of beer, and wanted to make me drunk, but I would not have it—I had beer a good many times—I did not see the money paid in Gardner's-lane—I unloaded the hay there—I had the bill in my possession, and kept showing it to them—Mr. Davis told me to go with the bill, and I was to receive 3l. 5s., to return George Randall 3s., and to bring Mr. Davis 3i. 2s.—he told roe not to leave the hay without the money—I had delivered all the hay when I gave George Randall into custody.
CHARLES HATT . I am a cow-keeper, and live in Brewer-street, Pimlico. I have known the prisoners six years—I never knew their names till this happened. On 18th Feb. I was not very ill, and only able to look out at the window—I did not authorize the prisoners to go and buy hay, and say that I would pay for it.
Cross-examined. Q. You have seen the prisoners? A. Yes; with a cart with the name of Randall on it—I did not know it was their name—I have bought hay of them, but not lately.
JOHN CLARKE (policeman, A 273.) On Tuesday evening, 18th Feb., the carman gave George Randall into my custody—I overtook him as he was going away from the house—I asked him who was to pay for the hay—he said Mr. Hatt employed him to buy a load of clover, but as he could not get a load of clover he got him a load of meadow hay—he told me he had made a better price of it on the road than Mr. Hatt would give—I told him it seemed strange to me that he should buy a load of hay for Mr. Hatt and dispose of it on the road, and not pay the carman—he
told me the carman was to go back to Mr. Davis's, the hay-salesman in Smithfield-market, and receive the money for the hay—I found on him 1l. 5s. 6d.—he said he took 25s. for the hay, and the sixpence was his own—on the 20th of Feb., I took William Randall at Harlington, in Middlesex—I told him what it was for—he said he knew all about the hay, but he did not buy the hay; he sold the hay, and took part of the money, and meant to keep it—he said he was quite willing to come to London and justify himself as be was quite innocent.
Cross-examined. Q. When yon spoke to George Randall, and asked him why he did not pay the carman, was not his answer that he would take the money to Mr. Davis? A. No; he said Mr. Davis was to pay the carman for it—I am not aware that I have ever stated that he said he was to take the money to Mr. Davis—I made the statement I have today at Guildhall—William Randall said his brother owed him some money, and he intended to keep the 25s. on that account—he said he thought the hay had been his brother's, and he intended to keep that money—I have made that statement before.
Cross-examined. Q. I believe you know the prisoners? A. I have been in the habit of dealing with William Randall—I did not know his name—I always thought he was a hay jobber—he used to supply me with hay and straw that I wanted.
GEORGE RANDALL— GUILTY . Aged 23.— Confined Six Months.
WILLIAM RANDALL— GUILTY . Aged 25.— Confined Four Months.
(Both the prisoners were recommended to mercy by the Jury.)
MR. ROBINSON conducted the Prosecution.
HENRY DINTE . I am a tailor, and live in the Caledonian-road. On 27th Jan. I was proceeding down the Portland-road, at five or ten minutes past nine o'clock—a woman touched me—I took no notice, but she followed me, and pulled me towards a carriage entrance in Portland-road—she asked where I was going—I said, "Home"—she put both her hands under my great coat, and began fumbling me about—I put my hand and found my watch and chain, were gone—I said, "You have stolen my watch"—I seized her by the neck, and called "Police!"—the moment I called, the prisoner and another man came up, caught hold of my arm, and tried to shove me inside the gate of No. 10, which was a little ajar, and tried to get the woman away from me—I still had bold of her—I squeezed her neck, and she said, "Here is your watch," and she gave it into my hand—I put it into my pocket—she then ran away—the moment she was gone I seized the two men—the policeman came up—I said the woman had stolen my watch—he went after her, but he returned and said he could not find her—while the officer was gone the other man got away, but I kept the prisoner and gave him in charge—he said what was I going to give him in charge for, that I had run against him, and he would give me in charge—this is my watch, it cost me seven guineas, and the chain cost 30s.—I had a little silk guard round my neck, which was cut or broken.
Cross-examined by MR. ADDISON. Q. Are you married? A. No; I am thirty years old—I had not been to a public-house—I saw the woman for the first time in Portland-road—I do not believe I was with her a minute—she first passed me and touched my arm, and then she took my arm and dragged me to the carriage-entrance—I made resistance, I did not want to go—I believe the gateway opens on a carriage drive—I did not go inside the gate—any one passing would have seen me.
THOMAS JONES (policeman, E 115.) At a little after nine o'clock that night, I heard a cry of "Police!"—I saw the prosecutor and the prisoner struggling—the prosecutor was pointing to a woman who was running—I pursued her but could not get her—I came back and took charge of the prisoner—in taking him along the road he seized me by the collar, and endeavoured to throw me down—we struggled and fell to the ground, but assistance came and we got him to the station.
NOT GUILTY .
JOSEPH PARTRIDGE . I live in Bolton-terrace, Camden-town, in the parish of St. Pancras—it is my dwelling-house. The prisoner is my nephew—he had lived with me about three months this time—he left me of his own accord on the 25th Jan.—I did not tell him to go—I did not see him again till the 12th Feb.—while He was with me I had six sovereigns in a purse, which I kept in a teapot, in the first-floor front room—I saw it on 24th Jan.—the money was mine—I left my home on the 25th, and left the prisoner in the room; when I came back be was gone, and the purse and money—I have never seen the purse again.
EDWARD MAISHMAN (policeman, V 111.) On 11th Feb., about twenty minutes to five o'clock, the prisoner was given in custody by his brother, for stealing a purse and six sovereigns, belonging to his uncle—be begged his brother not to give him in charge, but to let some one else give him in charge—I took him—he told me he had taken it, and it was a bad job, that he went to Chatham, and it was all taken from him at a house in the Brook, and it had never done him any good.
GUILTY . Aged 20.— Confined Twelve Months.
OLD COURT.—Wednesday, March 5th, 1851.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice ERLE; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. WILLIAM HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Justice Erle and the Second Jury.
(The prisoner, upon being called upon to plead to the indictment, stood mute. MR. M'MURDO, surgeon of the Gaol, and MR. COPE, the Governor, being examined upon oath, stated that in their opinion the prisoner
was simulating madness, he having held rational conversations with them upon his admission to the Gaol; and upon their evidence the JURY found the prisoner not to be insane. MR. JUSTICE ERLE therefore ordered a plea of Not Guilty to be entered for him.)
MR. ROBINSON conducted the Prosecution.
FRANCIS SHERBORNE . I am a fanner, of Bedfont. The Staines-road runs through my property—I hare a field on the right-side of the Staines-road, from which there is a gate into the turnpike-road—I have four stacks of oats and four of beans there, seven or eight yards from the gate, all pretty close together—there is not a tree near the field, only a low hedge—it is in the parish of Bedfont—on 31st Jan., about five o'clock in the evening, I received information, and found the third rick of the first four on fire—we were unable to put it out, it was entirely burnt down.
JAMES APPLETON . I am a labourer, of Bedfont. On 31st Jan. I was working in a field about 140 yards from the ricks, about a quarter before fire o'clock—I saw the prisoner in the road, talking to a young woman—as he passed me, he turned and smiled—he went towards Staines; that was towards the ricks—I did not watch him as he passed them, but about a quarter of an hour after, I saw the rick on fire—I stepped over the hedge, and saw him about 150 yards past the ricks, towards Staines—he did not stop as he passed me—I am sure he is the man—I did not see him again till the police fetched roe to the station—after he bad passed the ricks, his back was towards me, but I am certain he is the same man.
WILLIAM BROWNING . I live at Bedfont. On this Friday afternoon I met the prisoner in the Staines-road, about a quarter of a mile from Mr; Sberborne's field—I saw fire in the distance—I said to him, pointing to the fire, "What is that?"—he said he did not know—I said, "Did you tee it as you passed?" he said, "Yes"—I had no further communication with him, but went on, and found an oat-rick on fire—he had on a black coat and cloth trowsers—he had the same dress when I saw him at the station.
COURT. Q. Was there anything particular that struck you, in his conduct or voice as different from an ordinary passenger? A. No; he appeared extremely poor and shabby, but there was nothing peculiar in his answers or conduct.
THOMAS HIBBERD . I am fifteen years old. On 31st Jan. I was at play in a field, with William Priest, about 150 yards from the ricks, and saw one of them on fire—I was on the other side of the road from them, nearer to Staines—directly I saw the smoke, I saw the prisoner come out of the gate, and go towards Staines—I am sure he is the man—I told him he had set the rick on fire; he said he had not—I could see all round the field—I went for a policeman, towards London, met one, and returned with him to the fire—I saw the prisoner again not half an hour afterwards.
RICHARD HIBBERD . I am thirteen years old. I was with my brother, and saw smoke coming from the ricks—I went to the gate and saw the prisoner coming out of the gate from the ricks, and told him he had set the rick on fire—he said he had not—he went on, and my brother went for a policeman—I saw nobody near the rick but the prisoner; if there had been I must have seen them—the ricks were in an open space, with a low hedge between them and the road—I was bird-keeping.
WILLIAM REID . I am a Major, in Her Majesty's service; I live at Bedfont. On 31st Jan., I was on horseback, and saw Mr. Sherborne's rick on fire—I went there immediately, got a description of a person who had been seen there, and I rode as fast as I could towards Staines—I overtook the prisoner near the Crooked Billet at Staines, about two miles from the rick, and ordered him to stop, as he answered the description of a person who was said to have set a rick on fire—he said he did not do it—I ordered him to return with me; he declined—a policeman came up, and I gave him into custody—he appeared to understand perfectly every thing I said, and appeared quite sane; he answered as any other person would do.
JOHN SMITH (policeman, T 190.) I received information from Hibberd—I got a horse and followed the prisoner—I met Major Reid, and gate him information—he went before me, and stopped the prisoner—I took him to the station, but found nothing but some old rags upon him—be gave his name James Smith, and then Edward Smith—he conversed freely and rationally; I saw nothing peculiar in him, either that night or afterwards.
COURT. Q. Did you have any further conversation with him? A. When I took him before the Magistrate he said, "What a great many came up against me!" then he said, "What do you think I shall get for it?" I said "I can't tell:" he said, "Do you think they will give me twenty years for it? "I said I could not tell: he said, "Fourteen or seven, I suppose?" said, "I don't know, my man, it is a very serious crime against you; but I don't know any thing at all about it:" then he said the devil tempted him to do it: I said, "Oh! the devil tempted you, did he?" he said, "Yes; I suppose he did; don't the devil tempt you?" I said, "Oh, yes! he does:" he said, "What do you do then?" I said, "I don't want you to tell me about it," and he said no more about that—he afterwards said, "Your wife was down here to-day, what did she say about me?" (he had seen her at my house on the Friday night, and this was on Monday)—I said she was very sorry for it.
At the conclusion of the evidence of each witness, Mr. Justice Erle asked the prisoner if he had any questions to ask, but he made no answer.
GUILTY . Aged 30.— Transported for Fifteen Years.
MR. CLERK conducted the Prosecution.
WILLIAM WATSON . I am a labourer of Dean's-place, Vauxhall-road. On 3rd Feb., I was at the Besborough Arms, between eight and nine o'clock in the evening—I saw the prisoner and the deceased—I only knew her by sight, by seeing her with him—they were sitting together about half an hour; they were both sober—I heard no angry words, but I saw him get up and go out; she followed him out, and he said to her, "I don't want you to follow me about, and I don't want to have nothing to do with you any more"—he up with his arm, and struck her a blow on the pit of the stomach—I cannot say what sort of a blow it was—she did not fall—she went and sat down, laid her head on the table, and began groaning—I spoke to the girl, she seemed very bad, and asked me to fetch her two-pennyworth of brandy—I got it, and she drank it neat—I
remained there an hour and a half—she seemed to be in pain—I asked her whether I should take her home, she said, "No; I feel very bad"—I went up to the prisoner, and said, "Richard, take her home;" he said, "I will"—he caught hold of her arm, and they walked home together—I walked behind them.
Cross-examined by MR. PARRY. Q. Was not it at if he was pushing her away with his hand? A. Yes.
MARY ANN M'FARLANE . I am barmaid, at the Besborough Arms. On 3rd Feb., I heard a groaning in the tap-room—I went there and assisted in undoing the deceased's stays—I asked her what was the matter with her—she said, "Dick has kicked me"—he said, "No; I pushed you"—she seemed to be in great pain—the prisoner assisted her home.
EDWARD BARRETT . I am the father of the deceased girl; her name was Eliza Ann Barrett. She had been keeping company with the prisoner for more than twelve months—on Tuesday, Feb. 4th, I sent for Mr. Pearce, a doctor—I think she was dead at that time.
Cross-examined. Q. Do you know that your daughter, two or three months ago, had a quarrel with a woman, in which she was struck on the chest? A. I know that she complained to her mother of it.
GEORGE PEARCE . I am a surgeon. On 4th Feb., I was called to the deceased at her father's house, at a few minutes after ten in the evening—I found her quite dead—by the Coroner's direction I made a post-mortem examination—there was no external marks of violence—there was an ulceration of the coats of the stomach—there was a perforation in the coat of the stomach, about the size of a sixpence, through which about three pints of the contents of the stomach had escaped into the cavity of the abdomen—I also found a cancerous disease of the pancreas—death was caused by the escape of the contents of the stomach into the abdominal cavity—I think a blow given on the stomach might have caused it—there was no bruise, or extravasation of blood, but it was in a soft part.
Cross-examined. Q. As far as the post-mortem examination went, you would have thought she died from natural causes? A. If I had not heard any of the other facts—her body was in such a state, and the tissues were so slight, that this might have happened at almost any time—very slight activity, or the slightest push, might have caused it—a dote of neat brandy was an injurious thing on such a stomach.
MR. CLERK. Q. Could the brandy have acted in any way so as to cause that perforation? A. I think not—the disease of the stomach would account for it—it was what is called a perforating ulcer, which would have progressed and made such a perforation as I found—I do not think it had existed for twenty-four hours—she died in a state of collapse—death would ensue in about twenty-four hours from the contents of the stomach escaping into the abdomen.
NOT GUILTY .
JANE MARY OVERMAN . I am the wife of Charles Edward Overman, of Queen's-road. This day week, about twenty minutes to one o'clock, I was walking in Park-crescent, and saw the prisoner walking—he struck me a blow on my chest, from which I fell into the road—he made a snatch at my purse, which was on my finger, and I felt my chain straining on my
neck—I kept the purse, but the ends broke off—he dropped them, and ran away—these are them (produced)—I saw him stopped.
Prisoner. I certainly snatched her purse, but did not strike her; I might have pushed her. Witness. It gave me a great deal of pain on my chest.
GUILTY of the robbery, without violence. Aged 23. Transported for Ten Years.
MR. RIBTON conducted the prosecution.
MAURICE HEDDERMAN . I live in Phoenix-place, Queen's-row, Kensington. I was at home on 6th Jan., and something attracted my attention—I ran to the door with my wife—I saw the prisoner nine or ten yards from the door—he ran across, and struck my wife on the left breast with his right hand, took hold of her by the hair, and was pulling her away—I took hold of her to pull her away, and he then took me by my hair, and pulled me along nine or ten yards—I was not well at the time—I took hold of him, and said I would give him in charge—I would not let him go, and he gave me two kicks in the belly—I saw him putting his hands in his pockets—I do not know what he took out, as it was dark, but I felt a knife going into my belly—I hallooed out "Murder! he has stabbed me"—Boyle caught hold of him—I put my hand to my belly, and found part of my inside out—I was taken to the hospital, and remained there till 11th Feb.—I am an out-door patient still, and have been under the doctor's care ten weeks.
Prisoner. Your uncle and fourteen others occupied one room in the house where I lived; and because I attempted to get them out, you all formed this conspiracy against me, with intent to murder me; here is the coat which I wore when you assaulted me, torn to pieces (producing it) and here are four of my teeth which were knocked out; your brother-in-law, and his three sons, and three daughters were the conspirators; I could not stand the smell of you all living in one room, and informed the landlord and the surveyor; the agent gave you notice, and you determined to be revenged on me; you cried for me and my wife to come down, or you would tear our livers out; you sent all the boys in the street to hoot after me; you seized me, and I tried to extricate myself; you got my finger in your mouth, and tried to eat it off; your wife came up with a poker, and knocked me on the auditory pipe, which goes to the brain, and causes a sensation all over the body; and I was struck with a hammer on the temple; and they jumped en me when I was down; you are the principal engine of the conspiracy. Witness. I live next door to you—my sister and her husband and children lived in the house, and do still—you were turned out by the landlord when they went there—I heard the notice given to you to quit, but you did not go—I had nothing to do with it—my brother did not strike you, he was in the City at the time—I know nothing of your being struck by any one.
WILLIAM BOYLE . On 6th Feb., between five and six o'clock in the evening, I was passing Hedderman's house, and saw him and the prisoner holding each other—I went into my house, which is near, came out again and found the prisoner holding Hedderman by the neck-handkerchief; there were other people standing about—Hedderman held the prisoner, to give him in charge—the prisoner requested him to let him go, but he would not—the prisoner dropped his hands down afterwards, made a blow with his left hand, and Hedderman cried "Murder! Mr. Boyle, he has got a knife, and I am stabbed"—I rushed to the prisoner, clasped my arras round him, and saw a knife in his hand—I called to James Keyes to assist me—he took the knife from him—I held him, and gave him in charge.
Prisoner. Q. Was there any former grievance between you and me? A. Yes; you have summoned me for an assault—you lived in the same house with me for a few days, and then went out—I do not know of my wife or children robbing you—I know nothing about any conspiracy—I have no malice against you—you and your wife have been very annoying neighbours.
WILLIAM JOHN SEWELL (policeman, T 117.) I was called to Phoenix-place, and found Boyle holding the prisoner—he was given into my charge—Keys gave me this knife—on the way to the station the prisoner asked me if the man was dead—I said I did not know—he said it was a b—y good job if he had killed him quite.
Prisoner. Q. Was I drunk? A. You had been drinking; your coat was in the condition it is now.
JAMES KITES . I am a labourer, of 7, Phoenix-place, Shepherd's Bush, in the same house with Hedderman. On 6th Jan. I was going home, and saw the prisoner coming towards the door from the opposite side—there were a lot of people at the door—Hedderman was there—as the prisoner came up, he struck a person over my shoulder—I did not see who it was; but Hedderman said it was his wife—he laid hold of Hedderman and pulled him nine or ten yards across the road by the head, or by the coat, I do not know which—I went in-doors, and in five minutes heard a cry of "Murder!"—I went down, and as I approached the prisoner, Boyle, who had got hold of him, said, "Mind yourself, Keyes, he has got a knife"—I seized him, and took the knife from him; it was open—I gave it to the policeman.
Prisoner. Q. Did not you take a chopper oat of his wife's hands? A. No, nor did I see it used, or any other weapon.
JAMES ROUSE . I am house-surgeon at St. George's Hospital. On 6th Jan. I examined Hedderman there, and found a wound on the left side of the abdomen, from half an inch to an inch long, from which about six inches of bowel was protruding—there was hemorrhage—I cannot tell the depth, because the knife must have passed between the bowels, which were not injured—he was in great danger of his life, and is still an outdoor patient.
(The prisoner, in his defence, repeated his former statement.)
GUILTY on 2nd Count. Aged 43.— Transported for Seven Years.
MR. METCALFE conducted the Prosecution.
WILLIAM TOOMBS . I live at 150, Fetter-lane. On 3rd Feb. I saw the prisoner in Fetter-lane, near Miss Savage's, Red Hart-yard—I watched them, and saw Harold handing a note into the window, at Miss Savage's—Manders was about the length of this Court from him—he could not see Harold—I afterwards gave them in custody.
Cross-examined by MR. EWART. Q. Where were you? A. At the lamp, about five or six yards off—I saw them there the day before—I noticed Manders, because he pulled down his apron as if going to work.
MARIA LENHAM . I am servant to Miss Savage, of Red Hart-yard, Fetter-lane. I know Harold—he brought a letter there on 4th Feb.—I was directed to give it to Mr. Davis—Harold called for an answer the same day, and I said we would send it.
ANN LYDIA SAVAGE . I live at Red Hart-yard, and keep the liverystables there—Mr. Davis puts up horses there—on 4th Feb. I received this letter from Lenham—I afterwards saw Harold, when he came for an answer—I told him it should be sent, and gave the letter to Mr. Davis.
JAMES DAVIS . I am an omnibus-proprietor. I put up some of my horses at Miss Savage's—on 4th Feb. Miss Savage gave me an envelope, containing this order (read)—"Mr. Davis. Feb. 4, 1851. Dear Sir, Please oblige me by sending by bearer the sum of 3l. 15s., as I have a very heavy bill to discharge to-day; by so doing you will greatly oblige E. Edmonds"—I know Mr. Edmonds' writing—this is not his signature—I was indebted to him, but it was not exactly due—I doubted the writing, and sent the money by a man—Manders was conductor to one of my omnibuses seven months—I had opportunities of seeing his writing—this document is in his writing—I swear to it—he has left my employ two years and a half.
Cross-examined. Q. You have seen none of his writing since? A. No; he used to sign carrier's papers for me, if I was not there; and has given his signature to licences—I had a doubt about it at first, till I compared it with some of his writing—his "D's" are peculiar.
JOSEPH MACHIN . I am clerk to Mr. Parker, carrier, Skinner-street. Manders was in his employ two years—he left about two months ago—I have frequently seen him write—I believe this note to be his writing.
Cross-examined. Q. What sort of documents did he write? A. Entries in the books.
EZEKIEL EDMONDS . I am a corn-dealer, of Cumberland-place, Newington Butts. I know Mr. Davis. On 4th Feb. he was in my debt from 15l. to 20l.—this order is not in my writing, or written by my authority—I did not apply to Mr. Davis for money in any way—I know the prisoners by sight merely.
HAROLD— NOT GUILTY .
MANDERS— GUILTY . Aged 23.— Confined Twelve Months. (See page 689.)
NEW COURT.—Wednesday, March 5th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. RECORDER; Mr. Ald, SALOMONS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder, and the Fifth Jury.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 26,— Confined Six Months.
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 37.— Confined Three Months,
GUILTY Aged 21.— Transported for Ten Years.
(The prisoner had been seven times convicted.)
ANN GRAY , I am the wife of Thomas Gray, a tailor, in Windmill-street. On Saturday night, 28th Dec, about half-past nine o'clock, I was standing at the corner of Wardour-street, looking at some persons quarrelling—I had a half-crown, a sixpence, and four shillings in a handkerchief in my pocket—it was what I had earned myself—my husband is ill—as I was going home I missed my money and handkerchief.
Cross-examined by MR. MEW. Q. Do you live with your husband? A. Yes; I had a cotton dress and a shawl on, on that occasion—I was not at the place above a quarter of an hour—my handkerchief was white—there were many persons about there.
CATHARINE BRITTON . I am the wife of John Beaumont—he is a bad husband to me, and I did not wish to sign his name—my maiden name was Britton; I live in Broad-street, Golden-square—On Saturday night, 28th Dec. I was standing at the corner of a court in Wardour-street, about nine
o'clock—there was a crowd there, some man and woman were fighting; I stood to look—they were coming out of the public-house—I saw Mrs. Gray coming from the public-house across the road—she stood before me—I saw the prisoner talking to her for four or five minutes or more, and I saw him put his hand into her pocket, and draw out the handkerchief all in a lump—he walked on the other side of the road—it was a white handkerchief—I saw him open it and count the money, a half-crown, four shillings, and a sixpence—I followed him across the road—Mrs. Gray had stopped there—I looked round for a policeman, but could not find any; and when I got to the corner of the street, the prisoner was gone—I went to Mrs. Gray and told her what I had seen—she walked away, and I went for my tea and sugar—a fortnight afterwards I went out, and saw Mrs. Gray—I had some conversation with her relative to this affair—I did not see the prisoner for some time afterwards—he was taken into custody, and we were sent for—I do not know how long that was after the second conversation with Gray—I told the policeman what I had seen, on the night of the 28th Feb.—I spoke to the policeman in the street—he is not here—he was No. 100, C—I described the young man to him, and he made a note of my description in his pocket-book—I saw the policeman near where I live—I did not hear anything further till I was sent for to Marlborough-street—I do not know when that was—when I saw the prisoner do this, there was light enough to discern his features—I have no doubt he is the same person.
Cross-examined. Q. Do you know the policeman, 100 C? A. Yes; I suppose he knows me—he has seen me at my own house—the reason I have two names in the deposition, is, that one is my marriage name, and the other is my own name—I was married two years ago, at St. George's, Hanover-square—I do not remember the day nor the month—there was no one present but my husband and myself—after I was married I went back to where I came from—I was in service at the time, and I went back to my service—I remained in service a week afterwards—am I bound to tell where I went to then.
COURT. Yes; you are. Witness. To bed; I shall not tell him any more, if he keeps me all night—I lived where my mother lived—I went to live in Broad-street.
MR. MEW. Q. At what number? A. No. 15; it is a barber's shop—I lived with my husband there till I was three months gone in the family way—I lived there three months—I have seen the prisoner backwards and forwards about the neighbourhood for twelve months—I swear I have not known him from infancy—Mrs. Gray has known him from infancy—I never was in custody, nor ever in charge of the police, or locked up in a cell at the police-station—since I left my husband I have been getting my living at the wash-tub, washing on my mother's account—I do not know where the prisoner lived—it was a fortnight after this occurrence that I toll the policeman in the street—I had in the meantime seen policemen in the street, but not to speak to them—the policeman 80 C fetched me to Marlborough-street—I had no communication with 80 C before he fetched me—he found me out by one of the policemen telling him.
MR. CAARTEEN. Q. How long had you been in service before you married? A. Six months—my husband was a cook—after my marriage I
returned to my place where I was in service, and they were seized upon, and I left and went to my mother's—I have continued to live with her till the present time—I shall go there when I go home to-night—she takes in washing—I have one child, which is fifteen months old—No. 100 C was on the beat—he passed by the door, and I spoke to him—I knew him by being on the beat—he knew where I lived—I do not know any other policeman.
COURT. Q. You have known the prisoner about twelve months about the place? A. Yes: I do not know what he was—I have seen him about the street with the tailors.
ANN GRAY Re-examined. Q. Did you see Catharine Britton on the evening your pocket was picked? A. I do not recollect her speaking to me—I only know that I lost the money—I did not hear her speak to me—I had known the prisoner before I saw him that night, and he asked me bow my husband was—I said, "Much the same as usual"—he spoke to me at the corner of Wardour-street—he did speak to me—I do not know whether any other conversation took place between us.
COURT. Q. Am I to understand that the last witness did not tell you that night that she saw a man take your handkerchief? A. I do not recollect it—I did not hear her—I did not know anything about it till I was going home—she did not tell me that she saw this man take something out of my pocket that I know of—if she did tell me I did not take notice of it—I cannot say that she did or not—I do not recollect.
Q. Do you mean that a woman could tell you that a man had taken this out of your pocket, and you take no notice? A, No; I was sober—I cannot say that she told me what she had seen—I do not recollect it—I am thirty years old.
NOT GUILTY .
CHARLES HOWARD . I live at 3, Harrow-alley, Aldgate. Mr. Nathan's slaughter-house joins my house—opposite there the prisoner had some premises—on Sunday evening, 26th Jan., I saw a lad named Rogers with a sack of fat on his shoulder—the prisoner was beside him, and they took it up to the stable belonging to the prisoner—I saw them come under the gateway—they both came out of Mr. Nathan's premises, and went into their own right opposite—I gave information, and saw the policeman go there—my boy took the fat out of the stable—Rogers was taken—I was present last Session when he was tried and convicted, and sentenced to three months imprisonment—(see page 485)—I have not seen the prisoner since the 26th Jan., till he was at the Mansion-house, and I had not seen him for a fortnight or three weeks before that.
Cross-examined by MR. PARRY. Q. What time was this on the Sunday night? A. A little before eight o'clock—I cannot say how the prisoner was dressed—I was looking through my front window, which was open—I was not reading, drinking, or smoking—this fat was not taken upstairs—it was taken round the corner—I saw where it was taken—it was dark—I cannot recollect whether it was raining—my sight is very good—I think the person who was with the prisoner had a coat on.
MR. ROBINSON. Q. How long had you known this prisoner? A. Two or three years—I am quite sure he is the man that was with Rogers.
MICHAEL NATHAN . I am a slaughterman, carrying on business in Harrow-alley. My premises join to Mr. Howard's—I know the prisoner; he used to work for me—from information, I went to his stable on 26th Jan., and found in the manger 90lbs. of fat—I recognised it as mine—it was warm; the beasts had not been killed an hour—it was worth about 22s.—I have been looking after the prisoner ever since.
COURT. Q. Did you miss a quantity of fat from your premises? A. Yes; I went into the slaughter-house, and there was one sack half empty—Rogers had been in my employ, but was not at that time—they had got a cart up at the back of my premises, and climbed up, and broken the laths down—there were marks of their feet against the brick-wall—when they got in, they undid the bolt of the door, put the fat out, and bolted it again, and got out the same way they got in.
JAMES SAMUEL ROOTS (City-policeman, 577.) I know the prisoner and Rogers—I knew of their jointly occupying that stable—I have seen them frequently together—I went to the stable, and took this sack, rather better than half-full of fat—I have been in search of the prisoner since then—I was more than a week after him—I knew where he lived before, with his mother—I went to where he had been to be found, and could not find him.
RICHARD LUNNISS (City-policeman, 540.) I took the prisoner, on 12th Feb.—I told him I had been looking for him for a fortnight, about a sack of fat—he said yes, he knew I had, and he was happy then, for he should know what his sentence was.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 13.— Confined Seven Days.
(The prisoner's father promised to take him home.)
GEORGE EDWARD GODSMARK . I am a greengrocer, and live in Porter-street, Soho. I have known the prisoner a little more than eighteen months—on 22nd Jan. he came to me, not to lodge, but he came occasionally, and slept there several nights—he slept there on the night of 30th Jan.—on the morning of the 31st I went out to market, at a few minutes past ten o'clock—I left the prisoner in the room, and a boy in the shop—I returned in about twenty minutes—it was a wet morning—I missed my boots, and missed the prisoner—I missed a pair of trowsers and a waistcoat, which had been hanging on the door—I opened a drawer which was locked, and missed a watch and guard-chain, three breast-pins, five studs, a gold ring, a locket, four tea-spoons, a half-sovereign, and 6s. worth of copper—I gave information to the police—I had seen my property safe about two minutes before I went out—I had taken money out of the drawer for what I was going to have—this waistcoat is mine—these studs, this knife, and this pin, are mine—the value of all I lost was about 12l.
Cross-examined by MR. COOPER. Q. The articles produced do not amount to that? A. No; I do not know what this pin is worth—the prisoner had been in and out at my place—he was a soldier—I met with him by going to the barracks—he then came to see me, and came and staid from 22nd to 31st Jan,—I never missed anything out of my drawers before—I lent him a waistcoat, and shirt and handkerchief, and hat, when he was discharged, as he had no clothes to put on—I never lent him any of these articles—I did not wait to see whether he would bring these things back again—he had not given back the former things that I lent him.
THOMAS HATNES . I am a sergeant of police, at Leicester. In consequence of information, I took the prisoner there, on Monday evening, 3rd Feb.—he was wearing this waistcoat—the studs were in his shirt, and these pins were in this box—after a desperate struggle, we came to the ground together, and he pulled out this box, and threw it on the floor—I took him at Mrs. Bally's, his aunt's—I asked him his name; he said, "Johnson," and he came from Loughborough—from the information I had received, I asked to look for marks on his hands—he showed me his right-hand, which was clear—I asked him to let me look at his other hand; he would not—we had a desperate struggle, and broke the furniture, and came to the ground—I called for assistance.
---- (police-sergeant M 12.) I produce a certificate of of the prisoner's former conviction at this Court—(read—Convicted Nov., 1847, and confined six months)—the prisoner is the person—he was in the Coldstream Guards—I have heard he bought his discharge—he has a mark on his left-hand.
GUILTY . Aged 25.— Confined Twelve Months.
JOSEPH ROGERS . I am a general dealer, and live in Bishopagate-street. On 26th Feb. I was going into Mr. Allen's shop—I saw the prisoner leaning across the counter, with the till half out, and his hand over the counter—I went to the parlour, and asked Mrs. Allen if she had not something better to do with her money than to allow it to be taken sway—Mr. Allen came up to the parlour, and I accused the prisoner of robbing the till—the prisoner said, "I have nothing on me"—I gave him into custody.
Prisoner. Q. You asked me what I had about me, and I said, "Two shillings." A. No you did not.
LEWIS ALLEN . I am a cigar manufacturer, and live at 106, Houndsditch. On 26th Feb. I was down in my cellar, and was called by Mrs. Allen—I looked into the till, and missed four shillings—I had seen fourteen shillings safe about ten minutes before the prisoner came in, and I missed four of them—I think the prisoner did it from want—if he had asked me, I would have given him two shillings.
Prisoners Defence. I am innocent; I never thought of doing such a thing; I was going home at the time.
GUILTY. * Aged 17.—Recommended to mercy by the Prosecutor. — Confined Six Months.
THIRD COURT.—Wednesday, March 5th, 1851.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 15.— Confined Three Months.
716. MARY KING , stealing 1 coat, and 2 gowns, value 2l. 10s.; the goods of Ann Sammey; also, 5 shirts, 2 gold pins, and other articles, value 5l.; the goods of Edward Martin, in his dwelling-house; having been before convicted: to which he pleaded
GUILTY . ** Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 13.— Confined Three Months.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 22.— Confined Six Months.
FREDERICK CHARLES HENTSCH . I am a surgical instrument-maker, in St. Martin's-lane. The prisoner was in my service—I had 5l. 10s. In a purse in my coat-pocket—in the day-time I either wore the coat, or it hung in the workshop; and at night it was on a chair in my bedroom—I had seen the money safe on the Monday; and on the Friday afterwards, 28th Feb., I missed 1l. 10s.—I then spent 10s., and marked the other three sovereigns, and a half-sovereign—on 1st March, when I left my bedroom, about eight o'clock, I examined the purse, and left it safe in my coat on a chair—I went again about nine, and the money was gone—no one but the prisoner and my wife had access to the room—I gave the prisoner in custody—this money is what I lost (produced.)
HANNAH GREEN . I am the wife of George Green, and search females at the Bow-street station. I searched the prisoner, and found four sovereigns and two half-sovereigns between the lining and leather of her boot—she said a sovereign and a half were her own, and the other part belonged to him—I gave the money to Brown.
Prisoner's Defence. I found the money in the room.
GUILTY . Aged 17.— Confined Twelve Months.
MESSRS. CLARKSON and BODKIN conducted the prosecution.
BENJAMIN WHITE . I am a tailor, in Grosvenor-street, and am secretary of the Foreman Tailor's Association, which is how I came to know the prisoner, and to recommend him to Mr. James, the prosecutor—I saw Mr. James and him both sign this agreement when he went in his service—(this being ready was dated 7th Sept., 1850, by which Mr. James engaged the prisoner to travel, and receive orders for clothes, regimentals, &c.; the prisoner agreed to receive ten per cent., and referred to a memorandum marked "A," which stated the commission to be ten per cent, on all orders brought by the prisoner; in case of bad debts, the prisoner was to receive the commission, but be charged five per cent, on the gross loss; the prisoner to receive five per cent, on orders obtained from Mr. James's own customers, end to receive 3l. weekly on account.)
HUGH JAMES . I am a tailor, at 55, New Bond-street. The prisoner entered my service a day or two after the date of the agreement—the first order he brought was from Lieut. Dowse, which is entered on 12th Sept. in this order-book (produced,) which is in my son's writing.
HUGH JAMES (continued.) This order was executed out of my cloth and material—I do not know who took the jacket away; but shortly after, I received a letter by post from Lieut. Dowse, which I handed to the prisoner, saying, "How it this, Lieut. Dowse writes to say he has not ordered this jacket?"—I do not remember the precise words he used, but I think it was, "I dare say Lieut. Dowse is not aware I am here; I will go down and see about it," and he left for the purpose of going, taking the letter with him—next morning he brought the jacket, and said it was all right, he had tried it on to Lieut. Dowse, and it was rather tight under the arm, and required a little alteration; and it was sent into the workshop for that purpose—I did not see it after that—here is an entry in my delivery-book (produced)—a portion of it in my son's writing, and a portion in the prisoner's—the prisoner's writing is, "Delivered to servant, by J. Donegan," and that is written under "Tuesday, 8th Oct., 1850, Lieut. Dowse, Royal Artillery, one blue shell jacket"—I discharged the prisoner in Dec., and he entered the service of Mr. Stovill about 1st Jan.—I believe I afterwards sent for him to come to my place, and requested Mr. Stovill to come with him—I had to apply to him several times—I did not see him myself—I wrote to him, and sent Mr. White and some other of my people—he was at last found in the street, and brought by Mr. White—I called his attention to Lieut. Dowse's account in my ledger, and said, "Is this account of Lieut. Dowse, 12l. 5s. 6d., correct?"—I had the ledger open—I do not know whether he saw the account—it is in my clerk's writing, but the prisoner was aware of what it was, because he had put the prices to it himself—he said, "Yes, it is correct"—I said, "Recollect about this shell jacket"—he said, "Well, that is not delivered"—I asked him whether Lieut. Dowse had had it, and he said, "No"—I asked why, and he said Lieut. Dowse was absent on leave—I said, "Where is it?"—he said it was somewhere, mentioning some name which I forget, and I said, "Then you
will give me an order for it"—he made these several attempts (produced,) to write an order, but was too nervous to write, and Mr. Stovill wrote an order, which the prisoner signed—I called his attention to other accounts in the ledger, and afterwards gave him into custody.
Cross-examined by MR. PAYNE. Q. Did you give the Magistrate the same account as you have to-day? A. I believe I have told the same story throughout—I signed a deposition—I was examined on other charges, and I think on this one also—I positively swear I mentioned the amount of Lieut, Dowse's account to the prisoner—my two clerks, two foremen, my son, Mr. Stovill, Mr. White, the prisoner, and myself, were all in the counting-house—we were not all talking at once—I swear Mr. Stovill did not interpose several times, and say with so many people on him at once it was impossible for a roan to give any explanation—they did not all join in the conversation—I did not make the prisoner nervous; he was so from the first—this was the first account he was spoken to about—the police have the jacket—he did not tell me there must have been a mistake, it must have been some other lieutenant; but when I spoke to him about Lieut. Dowse's order for a shooting-jacket, on 22nd Oct.; his reply was, I wrote it down at the time, "Donegan says he has seen the lieutenant wear them."
JURY. Q. Is it usual in the trade to make up officer's clothing, and if they do not suit one officer to keep them for another? A. No, I never knew it; if the prisoner had suggested such a thing, I should have immediately put a stop to it; we do not make things on speculation.
CHARLES JOHN DOWSE . I am a lieutenant in the Royal Artillery. In Sept. and Oct. I was stationed at Woolwich—I knew the prisoner before he was in Mr. James's service; and had occasionally given him orders—In Sept. or Oct., I do not recollect the day, I received this regimental shell jacket (produced) containing an invoice from Mr. James——I never ordered such a jacket of the prisoner—I wrote by return of post to Mr. James—about two days after, the prisoner came and apologised for the mistake which he said he had made in sending the jacket to me, it was intended for some other officer; he did not tell me the name—he took the jacket away with him—it was not fitted on to me; and I did not complain of its being too tight, or send it to be altered.
Cross-examined. Q. Where did you see him? A. In my own room; I do not remember whether any one else was present—I afterwards gave an order for a shooting-jacket, which I received—there are fresh officers joining the regiment about every six months—supposing a jacket not to be taken by one officer, there would be opportunities of disposing of it to some other officer who joined afterwards—I had given the prisoner orders for several years, now and then—I knew nothing of Mr. James.
GREGORY BROWNE . I am a publican in Wellington-street, Woolwich. The prisoner has been in the habit of coming to my house occasionally—at the end of Oct. he brought this jacket, and asked me to lend him ten shillings, which I did—I afterwards gave the jacket to the officer.
Cross-examined. Q. You know him well? A. Yes; I would have lent him ten shillings without the jacket, and I did so; he only left the jacket for me to take care of.
MR. CLARKSON. Q. Are you in the habit of lending him money? A. I had once; perhaps two or three months before—I think there was no deposit of goods on that occasion; my memory does not sufficiently serve me to swear whether there was or not.
RICHARD EDWARDS (policeman, C 195.) I took the prisoner on 27th Jan. at Mr. James's; I was called in off my beat—it was stated in his presence that he was given in custody for embezzling certain sums of money and property of his master—he said nothing in the shop, but just as we were coming oat of the shop, he said it was a very bad case; he thought Mr. James might have settled it in some other way, than having him taken to the station-house as a felon.
JOHN CAMPBELL . I am Mr. James's foreman. This jacket was made it Mr. James's, and with his materials; it is worth 67.—the prisoner gave the order for it, and it was altered by his directions—at both times he said it was for Lieut. Dowse.—The prisoner received an excellent character.
GUILTY . Aged 42.— Confined Twelve Months.
(There were two other indictments against the prisoner.)
EDWARD WALLACE . I am in partnership with John Doherty; we are artificial flower-makers, at Bridgewater-square. The prisoner was in our employ; it was his duty to carry out goods, and receive the money for them—on 28th Feb., I sent him to Messrs. Hitchcock, of St. Paul's Churchyard; he was to receive 3l. 10s.—he did not come back again.
Crass-examined by MR. PAYNE. Q. What wages had he? A. 10s. 6d. a week, and 3d. In the pound on what he sold—he went round to various houses every morning—he has been in our service more than four years, and has sometimes received 50l. or 60l.—he is about 18 or 19 years old, and was a most excellent lad, till since Christmas—I sent him to Hitchcock's shortly after three o'clock, and about half-past-seven his mother came to me, and said she was very sorry John had come borne, and said he had lost all his money—I saw him in custody the fame evening, for which I was very sorry—I was in hopes he would have made his escape.
EBENEZER HUNT . I am clerk to Messrs. Hitchcock and Co. On 28th Feb., I paid the prisoner 3l. 10s., in silver, on account of Messrs. Wallace and Doherty; he gave me this receipt (produced)—there was 21. of it in sixpences.
HENRY HILL (policeman, L 154.) I took the prisoner the same night at his mother's in the New Cut—(the prisoner's statement before the Magistrate was read as follows—"It is quite true that I lost the money—I received it in silver, in a little bag, and put it into my trowsers' pocket—there are not two worse men than my masters; it served them right."
GUILTY.—Recommended to mercy by the Jury and Prosecutors. — Confined Three Months.
sequence of what I heard I followed a person into Glasshouse-yard, and saw him throw down a tub of butter, which was mine, and which I missed from outside my door—I do not know the man; he ran away—I took the butter up; it was worth 2l. 15s. or 2l. 16s.
PLACIDUS KLEISER . I am a watch and clock-maker, in Goswell-street. I saw the prisoner and another man, and saw the prisoner take the butter—I had seen him several times before, but I cannot swear positively whether he is the man or not, only I am most sure he is—I live opposite to Mr. Turner, four doors off—I saw the man walk off with the butter to Glasshouse-yard.
JOHN REEVE (policeman, A 424.) On 22nd Feb., between eleven and twelve at night, I took the prisoner in Golden-lane, and told him it was for being concerned with another one in stealing a tub of butter; he said he knew nothing of it, he would go with me—I took him to Mr. Turner, and Mr. Kleiser identified him as being the man.
Prisoner's Defence. I know nothing about it.
NOT GUILTY .
ANN GORMAN . Last Thursday week, between six and seven in the evening, I was in London-passage—I had eighteen-pence in my pocket—I saw the prisoner there, and he pushed me three times against the post, and put his hand into my pocket, and took out my eighteen-pence, it was all in pence and halfpence—he ran away, and I hallooed after him, and called after him by name; I know him well—I saw him next day, and told him I was too poor, I could not allow him my eighteen-pence; since he had robbed me of the eighteen-pence, I asked him to give it to me; he said, "You b—b—I will knock your brains out," and he had a large stick in his hand—he was taken into custody about half an hour after.
Cross-examined by MR. HORRY. Q. Is London-passage rather a dark place? A. Yes; he came to my side, not behind me—it was all done in a minute—the moment he got his hand out of my pocket he ran away—he did not tell me the next day that he had stolen none of my money, and wish me to go away.
JOHN REEVE (policeman, A 424.) I took the prisoner at the Old Friends' beer-shop, London-passage, St. Luke's.—I told him I wanted him for robbing a woman of eighteen-pence; he said he knew nothing of it—I told him he must go with me, and he went down on his knees and held the legs of the table, so that I should not get out, and said did I want to get him transported—he asked a man who was there to get the money and pay the woman—Gorman came in, and said, "That is the man who robbed me of eighteen-pence"—I took him to the station.
Prisoner's Defence. That is true; but a man has owned to it since I have been out.
GUILTY . ** Aged 20.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Four Months.
OLD COURT.—Thursday, March 6th, 1851.
PRESENT—Mr. JUSTICE MAULE; Mr. JUSTICE ERLE; Mr. Ald. WILLIAM HUNTER; Mr. Ald. SALOMONS; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Justice Erle and the Fourth Jury.
The COURT considered that the instrument was not properly described as a warrant or an order, and directed a verdict of
NOT GUILTY .
(There was another indictment against Manders.)
Before Mr. Justice Maule.
MR. COOPER conducted the Prosecution.
CHARLOTTE EMSBURY . I am the wife of Edward Emsbury, of Hill-street. On 8th Feb. the deceased, John Dean, came to live in the same house that I lived in—I heard a child crying that evening, and heard the rumbling of chairs and tables—soon afterwards the deceased came downstairs—he was called back by his wife—he went out—his hand was loosely tied up—I saw them on the Monday following—they appeared on good terms.—I saw her on the Tuesday and Wednesday, and asked her how her husband was—she said he was very ill, his hand was very bad, there was strong inflammation—she told me he was beating the child which was crying, and she had a fork in her hand getting her supper, and she aimed the fork, but whether she aimed it at him or not she did not know, but she did it for the protection of her child, and it went into his lefthand—on Saturday, the 16th, I saw the deceased; he appeared very bad—they left the house that day.
Cross-examined by MR. ROBINSON. Q. His wife attended to him? A. Yes; she was very kind to him—she was a very good, amiable wife—that is the child she has with her now—I did not examine it—it screamed violently.
CAROLINE DENHAM . I am the wife of Benjamin Edward Denham, of 1, Hill-street, St. Luke's. On 8th Feb., the prisoner and her husband came to reside in that house—on that evening, between ten and twelve o'clock, I was on the stairs, and heard the deceased say he would show his father his hand—the prisoner said she would show the child's head where he had been beating it.
WILLIAM GUEST CARPENTER . I am surgeon to the East London Dispensary. On 12th Feb. I was called to the deceased, and found a punctured wound about an inch below the joint of the forefinger of the lefthand—there was a great deal of inflammation extending up the arm, and a great deal of low fever with constitutional disturbance, delirium, and a very weak pulse—he died on the Sunday following, eight days after it happened—the wound was the primary cause, but the low fever was the immediate cause of death—a fork would produce the wound.
Cross-examined. Q. His removal very much augmented the disorder, did it not? A. Yes; I first saw it on the Wednesday—it had taken place on the Saturday—a very small wound would produce such consequences in such a bad constitution as his—he was about twenty-two years of age—I was told that some short time before he had lost a relative with fever which shocked him very much, and fever of the same character appeared as soon as the wound was received—that kind of fever was not in the neighbourhood.
PETER LODWICK BURCHELL . I am a surgeon. I was called on by the parish authorities of Shoreditch to make a post-mortem examination of the body of John Dean, on 24th Feb.—I found an abscess on the back of the lefthand, which had been opened, the inflammation from which had spread up the left arm—the body generally was healthy—the brain and lungs were somewhat congested—putting aside the puncture of the finger, I saw nothing directly to account for death—I consider it resulted from low fever, resulting from the inflammatory symptoms from the punctured wound in a nervous temperament.
MR. ROBINSON called.
EMMA HARMAN . I am a sister of the deceased—I have known the prisoner six or seven years—she was very much attached to him—on the Sunday after he received this wound he drank very freely—his hand was tied up then.
(The prisoner received a good character, and her former mistress engaged to take her into her service.)
NOT GUILTY .
Before Mr. Justice Erle.
NOT GUILTY .
Before Mr. Justice Maule.
729. JOSEPH GREAVES and ELIZA WILLIAMS , feloniously breaking and entering the shop of Sarah Rabbage, and stealing 25 lbs. weight of bacon, 10 lbs. weight of cheese, 20 lbs. weight of tea, and other articles, value 5l.; 8 half-crowns, 39 pence, 86 halfpence, and 52 farthings; her property.—2nd COUNT, feloniously receiving the same.
MR. EWART conducted the Prosecution.
ADAM STRANGE BARR (policeman, F 125.) On Monday morning, 20th Jan., I was on duty in Lower Searle's-place, about a quarter past five o'clock—in consequence of information I went to Mrs. Rabbage's shop, 17, Ship-yard, and saw two men run out of the prosecutrix's door—one ran up and the other down Shire-lane—I followed the one down Shire-lane and took him—he was tried and transported last Session—I had seen Greaves standing near there for half an hour between twelve and two—he is about the size of the other man I saw, but I only saw his back then.
Cross-examined by MR. ROBINSON. Q. How near were you to the door, when they came out? A. About three yards from it—I had never seen the prisoner before that night—I did not stand still and watch him for half-an-hour, but I saw him twice in the same place within an interval of half-an-hour between; there were some people quarrelling there at the time.
HENRY MATTHEWS (police-sergeant, 10 F.) On 20th Jan., about a quarter-past five o'clock in the morning, I received information, and went to Mrs. Rabbage's—I entered by the private door, and found three cheeses and 25 lbs. of bacon in the passage—the hinges were broken off the door leading from the passage to the shop—the shop was in confusion—a cupboard had been forced open, and the things had been disturbed; I found a knife in it.
SARAH RABBAGE . I live at 2, Picket-place, near Temple-bar, and keep a grocer's and chandler's shop in Ship-yard, in the parish of St. Clement Danes—I shut up at half-past twelve o'clock on Saturday night, and fastened the window and doors—I was sent for there at half-past six on Sunday morning, and found the shop in great confusion—I missed seven cheeses, 30lbs. of tea, and 8lbs. of tobacco, some sugar, candles, snuff, eight half-crowns, and 7s. or 8s. In copper; among which was a halfpenny marked with vinegar, and a penny with a cross—they had been in the cupboard; these are them—(produced)—the articles were worth 50l. or 60l.
Cross-examined. Q. That includes what was taken away, and what was disturbed? A. Yes; and some articles were made unfit for sale—I am single; it is my business entirely—I had had the marked money in my pocket for a week, and I was saving it for my niece and nephew—I put it in the cupboard the day before—I picked it out of the rest of the copper at Bow-street.
JAMES LEWIS ASHMAN (police-sergeant, F 1.) On Monday morning, 20th Jan., about half-past eight o'clock, I traced some tea from the prosecutrix's shop to No. 3, Brick-court, Lower Searle's-place, nearly 100 yards from the shop; I went into the front parlour, and found some tea on the floor, and a little strewed over the table—I searched the back-parlour, and found 6s. 10d. In half-pence and pence, and 13d. In farthings, under the counterpane, and a quantity of tea tied up in an apron under the bed—these two coins were with the copper; I have had them ever since.
WILLIAM DENT . I live at 9, Lower Searle's-place, and sell coffee in the streets; I have a house at 3, Brick-court, Lower Searle's-place. On 11th Jan. I let a parlour and bedroom to Williams; she did not take possession till Saturday, the 18th, between nine and ten o'clock at night—I went in about eleven, and saw her there, and Greaves, I believe it was, with her—on Monday morning, the 20th, I was out selling coffee between three and four, and saw Williams going into the lane with two men; I believe Greaves was one of them—they went up Searle's-place—I saw them again a little before five, in Hemlock-court, a few yards from the prosecutrix's; and at a little after five I saw them standing against No. 6, Lower Searle's-place—Williams came down Lower Searle's-place alone about half-past five, and went into the room she had taken of me.
Cross-examined. Q. What time did you go home? A. About eight o'clock—I saw some tea in the passage—there are four rooms in the house, and other women live there—I will not swear Greaves is the man I saw there, but I believe he is—I have never said he was shorter than Greaves.
MR. EWART. Q. Did you see them any more at the lodging? A. No; they did not pay their rent.
ANN WELCH . I am married, and live at 1, Pitt's-place, Drury-lane. About a month before Christmas, I let my front-parlour to the two prisoners, in the name of Bentley; they stopped six weeks, and then left,
and locked up the door for a fortnight—they lived together as man and wife—I am sure they are the parties.
Cross-examined. Q. Do you know of their having had a quarrel on the day they left? A. No; it was about three weeks after they came—I did not know that they were going to separate.
ALFRED GREEN (City-policeman., 376.) On 25th Feb., I took Williams at Greaves's mother's, 8, Union-court, Holborn—I have known the prisoners to live together at intervals for six years—I took Greaves the same evening at a public-house in Dean-street, Soho—I do not know whether he was living with his mother; he was frequently there.
MR. ROBINSON called.
JOHN M'DONALD . I married Greaves's mother. He was at my house on 20th Jan., and went to bed as near one o'clock as possible; I let him in, and went into the room where he sleeps, and saw him get into bed, and took the candle away; a man named Adams slept in the same room, he was awake—the prisoner got up at seven or eight next morning.
Cross-examined by MR. EWART. Q. What are you? A. A jobbing tailor; I live at 8, Union-court, Holborn. I have two rooms on the ground-floor, and have beds in both—the rooms are connected; you cannot go into the prisoner's room without going through mine; the key of my room is left inside—I do not lay awake all night—I know the time Greaves came in that night from a little memorandum I made in my mind concerning my business; I was up doing some work—I did not see him go to bed the night before—I have a clock in my room—I did not notice what time he came home on Friday, the 17th, because I was out late that evening—to the best of my recollection, I think he came home at eleven o'clock on Saturday; the night before that, I will not be positive what time he came home.
MR. ROBINSON. Q. Do do recollect better what you do on Sunday nights than on other nights? A. Yes; I am more sober and composed, and if I am doing any work on Sunday nights, it is more likely to be impressed upon my mind.
COURT. Q. Does not the prisoner's room open into any passage? A. No, into my room—his room looks into the yard, but the window has been nailed up for these twelvemonths—Adams was here just now, but he has gone. (Adams was here called, but did not appear.)
GREAVES— GUILTY . Aged 25.— Transported for Seven Years.
WILLIAMS— GUILTY of Receiving. Aged 25.— Confined Three Months.
730. SAMUEL COLE , robbery on William Daniel Bishop, and stealing from his person 1 purse, 1 chain, and 1 key, value 5s.; an order for payment of 4l. 4s., 12 sovereigns, 1 half-crown, and 2 shillings; his property. MR. CHARNOCK conducted the Prosecution.
WILLIAM DANIEL BISHOP . I am a dancing-master, of Grove-terrace Victoria-grove, Stoke Newington. On 23rd Jan., about nine o'clock at night, I was going home across the Haggerstone-fields, towards Dalston—there are lights at the extremity of the fields—the prisoner came near me—I am sure of him by his voice and his height—I could not see his features, it was too dark—he said it was a dark night; I said it was—I saw no other person—I said I had missed the footpath; he said, "Oh never mind, I am used to the place"—I said the lights at the further corner of the field were sufficient direction for me; he went a little way
to the right, and I saw some other persons; I could not say how many, it was so dark—the prisoner crossed from the right to the left, and came to a place where one part of the ground was higher than the other, a sort of embankment—he said, "Here is the path, sir; give me your hand, and I will assist you"—I gave him my hand, and another man came behind me, and pulled me by the feet—I called for assistance, but he got me down—the men over me did not allow me to call long—while lying there the prisoner cut my trowsers at the right-hand side, and took out the pocket, containing my purse, twelve sovereigns, half-a-crown, two shillings, and a check for 4l. 4s.—they then got hold of my watch-guard; the swivel broke, and left my watch in my pocket—they got the chain; it was a metal one—the prisoner said to the men, "Hold him down"—he had a short shooting-jacket, and a cap—my hat and watch-key were brought to me next morning—I gave my trowsers to the police—on the Saturday week afterwards Morrell took me to the station at Hoxton—the prisoner was brought down-stairs with two other persons; Morrell spoke to him, and I knew him directly by his voice—I have not the least doubt about it.
Cross-examined by MR. PARRY. Q. Had you arranged with the constable that he should speak to him? A. He said he should speak to all of them—I was perfectly self-possessed on this night—I had fel rather nervous, but had had 2d-worth of gin—it was a very foggy night.
MR. CHARNOCK. Q. Were you quite sober? A. Yes; the constable spoke to all the three men—I have not the least doubt that the prisoner is the man.
WILLIAM MORRELL (policeman, N 135.) On Thursday evening, 23rd Jan., between half-past seven and eight o'clock, I went in private clothes, with other officers, to the Hope coffee-house, Kingsland-road—I saw the prisoner there, and spoke to him—I have known him for years—there were four others with him—he had on a cap, and I think a short shooting-jacket, with pockets in front—I came out, and remained outside with Cripps for six or' seven minutes, some distance off—I saw the prisoner come out of the Hope with four others, and walk up the Kingsland-road, towards Haggerston-fields, which are about three-quarters of a mile off—we watched them till they were out of sight—we were waiting for something else—I heard of the robbery next morning, Friday—on the Sunday I saw Bishop, who described the man who had attacked him—for a week after that I was looking after the prisoner at his usual haunts—I know where he lives—I went to the Hope several times, but did not meet with him—I found him there on the second Saturday after the robbery, between six and seven—I told him what I wanted him for—it was not for this—he said, "I will go with you"—two others were taken with him—at ten that night Bishop came to the station—the prisoner and the two others were brought down together—directly Bishop saw the prisoner, he said, "That is the man"—the prisoner then said something, and Bishop said, "I can swear to you by your voice and by your height and size, for you walked across the whole of the field with me"—the prisoner said, "It was not me"—I produce Bishop's trowsers—they have been cut down and across—the right-pocket has been cut, and the left cut quite out, apparently with a knife.
Cross-examined. Q. The moment the prosecutor saw him, he recognised.
him? A. Yes, before he heard him speak—I had told him I would speak to him, and I did; but there was no necessity for that, for he knew him at once—his face was towards him, coming down-stairs—I am positive about the date being Thursday, the 23rd.
DAVID CRIPPS (policeman, N 340.) I have known the prisoner four or five years—I was with Morrell on 23rd Jan., shortly before eight o'clock, and saw the prisoner and four others at the Hope—I did not speak to him, but Morrell did, and I have no doubt about him—we waited outside for a few minutes, and saw him and four others come out, and go in the direction of Haggerstone-fields—he had a short coat, and I believe a cap, but I am not positive—I was present on 1st Feb., when he was taken—I had searched for him at the different houses in the neighbourhood, and twenty times or more at the Hope, but could not find him—I was at the station when Bishop came—the prisoner and three others were placed in a row, and directly he spoke, Bishop said, "That is the man, I can swear to him"—we had taken him, in consequence of the description Bishop had given of him, which corresponded with him.
Cross-examined. Q. Had you made any arrangement with Bishop? A. No.
MR. CHARNOCK. Q. The prisoner said, "Is that the man who has come to look at us?" A. Yes; Bishop immediately identified him.
Cross-examined. Q. Do you know Barnet-grove? A. Yes; it is about ten minutes' walk from the Hope.
Witnesses for the Defence.
FREDERICK WILLIAM FLECK . I am foreman to Mr. Waring, a house and estate agent, at Prince's-court, Bethnal-green. I have been there about two years—the prisoner was at work for My Waring on 22nd Jan., as a paper-hanger—I do not know how long—the latest time was after seven o'clock, but before eight—he was then at Mr. Waring's house, who paid him seven or eight shillings—he had had some money on account in the week—Mr. Waring is not here.
Cross-examined by MR. CHARNOCK. Q. Are you certain he is a paper-hanger? A. He hangs paper, but I understand he assists his brother in butchering—he and his brother are paper-hangers and butchers—this was on Thursday—I collect Mr. Waring's rents—my attention was drawn to this ten or twelve days afterwards, when he was at Worship-street—they asked me to make a memorandum of it—I only put down the date—I was first spoken to about it by Pluckrose, the butcher—I cannot say the exact day—it was either Tuesday or Wednesday after he was taken on the Saturday—it was the Tuesday week after he hung the paper—I am sure of that—I know that it was on Thursday I saw the prisoner at Mr. Waring's, because Thursday is the only day in the week that I pay my money in to Mr. Waring—Mr. Waring is not very well—it was not later than a quarter to eight when I last saw the prisoner there.
3, Barnet-grove—on Thursday, 23rd Jan., I worked with him at Mr. Waring's—we left off just before five o'clock—I saw Fleck there—after work, the prisoner went to my place with me and had tea—he remained with me till half-past seven or twenty minutes to eight, when he went to Mr. Waring's to receive some money which was due to him—he came back at ten minutes past eight, in fact, Shoreditch eight o'clock bell was not done going—it leaves off at a quarter past eight—I had made an appointment to meet him at my place, or at Mr. Mitchell's beer-shop, Barnet-row, Birdcage-walk, and I saw him there—he had been absent about three-quarters of an hour as near as I can judge—we remained there till eleven or a quarter past—he was with me the whole of that time—he left just before me, about eleven, and I returned home—a young man left with him, who I have never seen before or since.
Cross-examined. Q. How was it, if you had been working for Mr. Waring, you did not go with your brother for your money? A. He received it for me—I met my father-in-law, Joseph Cole, at Mitchell's door, and we went in together—Mitchell was not at home—I have been to that house for months—the prisoner has used it three or four weeks—Mrs. Mitchell was behind the counter when we went in—John Cole was there, and Mr. Fry and his son—that was five in the tap-room—the prisoner said to Mrs. Mitchell, "It is a fine night," or something of that kind—they were taking a glass of ale and smoking—they were all four sitting round the fire—there were several other people in the room—I and my brother were drinking ale—we were pretty well all drinking together, though we were not in their company—I smoked, and I think my brother did—we two sat together on a long seat, not exactly close to the others—young Cole left first, then the prisoner and the other man, then me and my father-in-law—we left old Mr. Fry there—I did not miss young Fry at all—we had nothing to eat while we were there—I am positive of that—a week or ten days after this, my brother sent to me to say he was locked up for highway robbery on a gentleman, and as I knew where he was, would I be so kind as go to Mr. Waring—Dennis, a bricklayer, brought the message—it did not tell me the time of the robbery—I first learnt that at Worship-street, no Mr. Fry had read the paper to me, and told me the time—I cannot say when I first spoke to Fleck about it.
SOPHIA MITCHELL . I am the wife of Thomas Mitchell, beer-shop keeper, of Barnet-grove, Birdcage-walk. On Thursday, 23rd Jan., from eight o'clock to a quarter past, while Shoreditch bells were going, the prisoner came up to the door and said, "Is my brother here?"—I said, "No"—he went away for a second, and came back with his brother; the last witness—they went into my tap-room together—I remained there till half-past nine, as near as I can tell—I did not look at the time—I was not in the tap-room, but I am sure the prisoner did not go out at the front door while I was there—after half-past nine, when my husband came home, I left the bar, and went into the tap-room—I did not go to the police-court—my husband did—Pluckrose first called my attention to this matter.
Cross-examined. Q. You did not go into the parlour? A. I went into the tap-room where the prisoner and Pluckrose were, and took them a pot of ale—that was while Shoreditch bells were going—I went in at intervals afterwards to serve beer—I will not swear I saw the prisoner there, but he never left the front door—there is a way out from the back
—no person went out into the street during my husband's absence—when I took in the ale the prisoner was sitting on the right-hand side as I went in—Mr. Fry and his son were there, and the prisoner's father-in-law, Mr. Cole, and his son—after the prisoner was taken, his brother came to us—that was a week or ten days after this matter—the prisoner did not come there very frequently—he has sometimes come if his father or brother are there, and has come in and sat down—I recollect this night, because my husband went out to purchase grocery—it is not his practice to go out in the evening—I cannot tell whether he was at home on the prior evening, or the evening after—I am not in the habit of serving in the tap-room unless my husband is away.
JOSEPH COLE . I am the father-in-law of the prisoner. On Thursday evening, 23rd Jan., I was at Mr. Mitchell's beer-shop; the prisoner came there about ten minutes to eight o'clock—I think his brother came with him—the bells were going eight—he remained there till eleven, and then left—Joseph Pluckrose, and Mr. Fry and his son were there, and my son, who is here.
Cross-examined. Q. Do the bells go at eight, or after eight? A. Just before eight, and for some time after; they are the bells of the church in Crabtree-row—the prisoner left before me, with a young man—I left with my son-in-law—I was having a drop of beer there—I did not have any supper there—the prisoner was in my company—we were all sitting together in the hind part of the tap-room, near the fire.
JOHN COLE . I am the son of the last witness; he is sixty-eight yean old. On Thursday, 23rd Jan., I was with him in Mr. Mitchell's beershop—he came in while I was there—the prisoner is my stepbrother—he came in about ten minutes or a quarter past eight—Shoreditch bells were ringing—his brother came in a very little before him, and they both came into the house together—I was in his company till a quarter to ten, when I left him there—Mr. Fry and his son were there.
Cross-examined. Q. Then you did not leave with your father. A. No, I left before him—I recollect the evening, because I was rather short of money, and wanted to see Mr. Mitchell to borrow 1s.—I have not been told that it was necessary to give some good reason to account for the date—I have borrowed 1s. of him before—my attention was first called to this about a month ago—I was in the tap-room, and Pluckrose came to me—he did not mention the date then; he did a few days afterwards—I only recollect it by borrowing the money—the prisoner did not come there often—we were on the left-hand side of the room—the prisoner was sitting alongside me when I left—Pluckrose was on the opposite side—I am a rope and twine-spinner.
JAMES FRY . I know the prisoner well. On Thursday, 23rd Jan., I was at Mr. Mitchell's at eight o'clock in the evening—the prisoner and his brother came in from eight to a quarter-past—Shoreditch bells were going—I remained there till half-past eleven—he left before me with a man I do not know—my son was there—he left about a quarter to nine—he is not here.
Cross-examined. Q. Who left first of your party? A. My son; if anybody has said that Cole and his son left first, that is not true—I remember the day, because a horse had bitten my arm—I did not work—it had only been bad that day—I saw this matter in the paper on the Tuesday week after he was taken, and was quite surprised.
THOMAS MITCHELL . I keep a beer-shop, in Barnet-grove. On 23rd Jan. I had been out for some grocery, and returned about half-past nine o'clock—in about five minutes I went into the tap-room, and saw the prisoner there—I went in at intervals, and saw him there from half-past nine till eleven.
Cross-examined. Q. What distance is your house from Haggerstone-fields? A. Ten minutes or a quarter of an hours' walk—I know it was half-past nine, from what the grocer told me; he shuts up at ten—his shop is in the Bethnal Green-road, a quarter of a mile from my house—I hate a watch; I looked at it—I am not in the habit of going out of an evening.
NOT GUILTY .
NEW COURT.—Thursday, March 6th, 1851.
PRESENT—MR. Ald. FAREBROTHER; Mr. Ald. FARNCOMB; Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the Sixth Jury.
ELLEN KELLY . I live in Swan-court, Mansell-street Yesterday fortnight I saw the prisoner at the bottom of the court, alone—there were Mr. Brosnahan's two children playing at the step of the door next to her—I saw her from half-past ten o'clock till half-past twelve, standing and walking up and down—she then took the two children, one in each hand; and took them out of the court—one of them had a pair of leather boots on—I afterwards saw the children brought back—one of them was two years and a half old; and the other, who came back without her boots, was six.
ELIZA TOWNLEY . I live at 5, New-square, Minories. On that day I saw the prisoner with the children, coming across the square where I live—I saw her take the boots off the oldest child—one of them appeared to me to be about two years old, and the other about six—she put the boots under her shawl—she then led the children about half-way into the railway arch, and then ran back from them.
MARTIN BROSNAHAN . I live at 3, Swan-court. I have two girls; one is two years and a half old; the other six, her name is Ellen—my wife is not here—she was confined at that time—when I came home to dinner on that day, a fortnight ago yesterday, my eldest girl was at home before me, and she was without boots—she had had boots on in the morning—they were boots I had given her.
Prisoner. I told the policeman I had done nothing; I was willing to go with him without being handcuffed. Witness. I think she might have said something to that effect, but I cannot recollect.
Prisoners Defence. I am quite innocent; I have done nothing; I have children of my own; I never was in the street on the Wednesday.
prisoner's former conviction, at Clerkenwell—(read—Convicted, June, 1848, and confined two months)—the prisoner is the person—I have seen her in custody since.
GUILTY . Aged 39.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOHN WREN . I am a fishmonger, and live at Ware, in Hertfordshire. On 10th Feb. I drove to the Two Brewers public-house, at Ponder's End—I got there about half-past twelve o'clock at night—I took the horse out of the cart, and went into the house—I went into the tap-room to warm myself—after a little time I went and laid my bead on the table—I had then about 4l., all in silver, in half-crowns, shillings, 4d.-pieces, and sixpences—it was in a purse in my left-hand trowsers pocket—I felt it in my pocket when I laid down and went to sleep—I had not counted it at all—it was what I took the day before, and two days before, and some the same night—the ostler came in and awoke me up, and asked if I had lost anything—I felt, and I had lost my money—I went out, but could not find any one—I met the policeman, and gave this account.
WILLIAM WREN . I was with my brother, at the Two Brewers—he laid his head on the table in the tap-room—I do not know that he was asleep—I laid down on the other table; I did not go to sleep—I saw three persons come in; the prisoner was the first that came in I believe—he came and stood before the fire—I knew him well—my brother was sleeping near a settle—the prisoner stood for a minute or two—he then went and sat down on the bench at the head of the table, where my brother was—he then laid as if he was laying his arm over my brother, as if he was going to sleep—he laid on him for some minutes, but I took no particular notice—the last I saw of him was, he was up, and was between the table and the window, which are about two yards apart—that was seven or eight minutes after he laid down, or hardly that—I did not see him go out of the room; he must have gone out very quietly—one of the other two men who came in was Revell—I know the other man by sight, but I do not know his name—the other man went out soon, before the prisoner laid on my brother—the ostler came in, and shook my brother—he said, "Jack, have you lost anything?"—he said, "What? what? I have lost my money!"—I said, "Amos Green has got your money, I saw him lie on the top of you"—we went out to search for Green, but did not find him.
Prisoner. Q. You said the table came up close to the settle? A. Yes; you sat down on the settle, close to the head of the table; then afterwards you were between the window and the table.
Prisoner. I was sitting against your brother's head.
EDWARD SUMMERFIELD . I am a labourer, and live at Ponder's End. On the night in question the two witnesses were at the Two Brewers—Green, Revell, and Charles Love came in afterwards—I had been asleep, and these three men coming in, awoke me—when I awoke, I saw John Wren lying asleep on the table—I saw Love follow the ostler out—(the ostler had been in the tap-room after he had helped to take the horse out of the cart)—Revell went out a little while after—when the ostler was gone out, and Revell, I saw the prisoner sit by the side of John Wren, and lean over him—he drawed himself up a little, and began to fumble John
Wren's neck-handkerchief—John Wren made a move, but not so much at to wake—the prisoner then got up, and walked out of the room into the passage—he was not out half a minute—he walked down between the window and table, and touched John Wren all up his left side as he laid on the table—I went out, and told the ostler he had better go into the house—I did not go in again with the ostler—I remained, with the ostler's leave, in the stable all night—the policeman came, and searched me there.
Prisoner. Q. Where did you see me touch John Wren? I was lying on the form under the window. A. You were between the table and the window when you touched him on the left-side—I laid one way, and the table and stool were the other way.
COURT. Q. When you went out to fetch the ostler, who did you leave in the room? A. Charles Whitebread, asleep, lying along the stool behind William Wren's feet, and a boy that came out of the country; he was asleep—I cannot tell whether William Wren was asleep or not.
MR. PAYNE. Q. You say the lad was asleep, and Whitebread; did either of them go near John Wren? A. No, they never woke up at all.
GEORGE WYMAN . I am ostler at the Two Brewers. I remember the night that the two Wrens came there, and John Wren falling asleep—while he was asleep, Love, Revell, and Green came to the house—they called for a pint of beer, and I denied them; it was too late; my master was gone up—I went out of the room, and Love followed me out, and went off home—Summerfield came to me to the stable, and told me something—when I left the tap-room, I left the two Wrens there, and Whitebread, and the boy, and Summerfield; he laid at the back of John Wren—John Wren, and the boy, and Whitebread were asleep—Green was awake, and he was against John Wren's head—when I came out of the stable, in consequence of Summerfield's coming to me, I saw Revell looking in at the window from outside—I had left him in the room—I went in at the door, and I saw Green coming out, and he and Revell went away together—I went into the tap-room, and awoke John Wren, and I asked whether he had lost anything—he said he had lost all hit money—he went out in pursuit of the persons who had been in the room.
EDWARD KADWELL (policeman, N 275.) I was on duty at Ponder's End on the morning in question—I saw the prisoner, and Revell, and Love, come round at the back of the Two Brewers—Love went across, and said, "Good night"—about a quarter of an hour afterwards I saw Revell and Green come from the back of the Two Brewers—I heard them say something, and I heard a jinking like the sound of money—I heard one of them say, "Hush! there may be a policeman handy"—I made towards them, and they walked away fast—I did not overtake them—I had received no information then—I afterwards turned back, and saw John Wren, and received information—I went into the stable, and saw Summerfield; I searched him—he made no objection, I found nothing—I went with another officer to apprehend Green and Revell—I found Revell about an hour afterward in bed, at his lodging at Ponder's End—we went to the prisoner's lodging in South-street, Ponder's End, but did not find him—he was taken last Friday week.
JAMES BRIDGER (policeman, N 372.) On the morning this happened, I went with Kadwell to find Green—we went to his father's house, I knew he lodged there—we could not find him—I went again on the Wednesday
afterwards, but did not find him—I found him on 21st Feb., in the road at Ponder's End—I had used all my exertions to find him between those times, and came to London three times from information I had had.
Witnesses for the Defence.
—GREEN. I am his father. He used to work in London at the Docks, and other times he works with me as a brick-maker—one of the jurymen knows me well, and the policeman knows where my son comes to work as well as I do.
COURT. Q. Did you tell him that the policeman had been to seek for him? A. Yes; as soon as we could find what Dock he was in—we knew where to find him after two or three days, it might be four or fire days, I did not take particular notice—I remember the policeman coming the second time—I said he would be home on Friday.
GUILTY . Aged 21.— Confined Six Months.
MART ANN ATKINSON . I am the wife of Frederick Atkinson; he is an artist, we live at Bethnal-green. The prisoner came into my service on 12th Nov., and she remained till 8th Feb., but she gave me warning—I asked her to let me see her boxes—she did not make any difficulty—they were kept in her own bedroom—I did not examine them before I called the policeman—I had began to examine them—my husband was present when I found the stockings, which are marked, a neck-tie, and a flannel; I said they were mine—the prisoner said she did not care a d—n, and she began to tear them from me, and said they were marked with her mother's maiden name, and I should not have them—the stockings are marked with the first letter of my maiden name—I got a policeman became the prisoner was so violent—I gave her into custody—the policeman found a shift, a napkin, a piece of dimity, and a baby's cloth shawl—I could swear to them all—this napkin is my own work—I made it—this shift is mine, and it is one I made—I missed it about six weeks after she came—it has been marked, but the mark is taken out—these are the stockings; I marked them myself before I was married—this is the neck-tie.
Prisoner. Q. You asked me if I had got a key. A. No, I never did—I did not say my box was open—I said I had given the key to my little boy, and he had lost it—I said I thought it would be found, like the halfpenny, amongst the cinders.
FRANCIS TOWNSON (policeman, K 271.) I was called in, and examined the box—I found this shift and other things in the box—the prisoner was in the parlour—the box was up-stairs—I went up with the prisoner and Mr. and Mrs. Atkinson.
Prisoner's Defence. A week before I was taken, she complained of the things being too blue; I said I could not please, and I would leave her; she agreed to that; they both went up-stairs; and I had my tea after them; I went up, and she said she had missed a ring; and she had the napkin and stockings in her hand, and said they were hers, and this handkerchief and napkin are mine.
MARY ANN ATKINSON , re-examined. I have nobody living in the house but my children—the eldest is a year and ten months old; that is the little boy that lost the key—nobody but the child slept in the room that the prisoner did—I never examined her boxes without her—when she began to swear at me, I said, "This is not the way to find the ring"—I had missed my mother's wedding-ring; it has never been found—her wages were 1s. 6d. a week, and her board and lodging.
GUILTY. Aged 19.— Judgment respited.
734. WILLIAM BLAKEMORE , stealing 1 fender, and other articles, value 11s.; the goods of Charles Allum; and 1 shawl, and other articles, value 1l. 5s.; the goods of Richard Stephens; having been before convicted: to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY. Aged 18.— Recommended to mercy.—Judgment respited.
GUILTY .— Confined One Month.
ELIZABETH ROSE . I am the wife of Thomas Barton Rose, of 215, High-street, Wapping. The prisoner came into my service on 16th Jan., and remained till the 29th—she left that day, about twenty minutes past nine, without notice—after she was gone, I missed half a dozen silver tea-spoons, a table-spoon, a dessert-spoon, a child's robe, a muff a bonnet, a table-cloth, and a great many more things—I had seen them the night before—this muff, and victorine, and a dress, I had put in the front lodging-room, and locked it, and hung the key up—I afterwards missed the key, and had the lock picked—I afterwards found the key in a lower room, down-stairs—nobody lived in the house but me and my children—my husband was not at borne.
Prisoner. She had everything safe in the morning; the spoons were safe that morning. Witness. Yes, she sent the children up three times that morning for the spoons; I sent down eight of them.
JOHN BEALES (City-policeman, 631.) In consequence of information I looked after the prisoner—I saw her in Leadenhall-street—I watched her—she went to 2, Bury-street, Bevis Marks—after she had gone in and shut the door, I knocked, and she came to the door—I told her I should take her into custody for committing a robbery at 215, High-street, Wapping, and the gown she had on was one of the stolen dresses—she said she had done nothing, and was not afraid to go anywhere—I took her to the station—the prosecutrix was fetched there—I then went back to 2, Bury-street, and in a room pointed out by the Rev. Dr. Adler, I found these other things—the prisoner had been in service
there for seven days—I found this victorine and muff in a bonnet-box; these ribbons under the bed; and this night-gown, and dress, and shift.
Prisoner's Defence. She would not let me wash my own gown, and then I said I would leave; on the morning I was about leaving, the was up in her own room; that is my bonnet and shift.
GUILTY . Aged 20.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
JAMES RICE (policeman, B 248.) On Friday evening, 7th Feb., I was in a marine store-shop in Castle-street, Westminster—the prisoner came in, and he said to the marine store-dealer, "Do you buy old lead?"—he said he did—the prisoner put his basket down on the floor, and said, "I have got two or three old sash-weights"—he took these two weights out of the basket and put them in the scale—he was about taking some more things out, and I said to him, "Where did you get them?"—he made no reply—I said, "Where do you work, or who do you work for?"—I asked him two or three times, and he made no answer—he then said, "Is there anything wrong?"—I said, "l don't know"—he did not tell me where he worked—I told him I was a police-officer, and he roust go with me to the station—I took him to the station, and on the way he begged me to let him go, and said he wished he had dropped dead before he went into the shop—he was asked at the station to give his name and address—he would not give it—I examined the basket he bad, and found another lead weight, a brass box, and some glass.
Cross-examined by MR. COOPER. Q. Were you selling lead that afternoon at the marine-store dealer's? A. No; I was employed in plain clothes at that shop—I had been there about five minutes—I had watched that shop some time—I did not see a good many lead weights drop in—these are not common things to be brought in a marine-store shop—I believe the prisoner did not at last give his right address; he did not while I was there—I know his address now, from going to a friend whom he sent for.
GEORGE JILLARD SMITH . I live in Charlton-street, Belgrave-road. I was foreman to the works going on at Kensington-palace—this property belongs to Her Majesty, and was under the charge of the Commissioners of Woods and Forests—the prisoner had been employed there five days; he began on the Monday, and the work was completed on the Friday—to was doing various jobs—I know there was a spring precisely similar to this one, on a door frame—I saw it either the day the prisoner was taken, or the day previous—I missed the spring from there, and this spring exactly fits the space made for it—we have precisely similar weights to these in the building—here is one from the building which is marked precisely similar to these—this weight is marked 9 lbs.—we have them as large as 12 lbs. or 14 lbs.—they are generally made of iron or lead—these precisely correspond with the one I have produced—there were eight of these
missed, but they may have been removed before—this is the one I brought from the palace, and this one was taken from the basket—the narks correspond—this is the ordinary mode of marking lead weights—the sashes weigh about 18 lbs.—I should say these weights have been marked by the same person, and with the same tools—the prisoner was employed about the windows, but whether about the windows where these weights were missing, I cannot say; he was easing the sashes, and making them work—I have fitted this plate glass.
COURT. Q. You say there were eight weights missing, have you taken the windows to pieces to see? A. Yes; we have taken the pieces out—I had not looked at the windows for some time before—I cannot say how long they had been without their weights—there are workmen going there to work continually—the prisoner was in the employ of Mr. Higgs—he is a contractor, and does all our work—this glass fitted in a mirror glass that was broken—there were some pieces missing from the mirror—these two pieces put together fit each other, and fit in the frame.
The prisoner's statement before the Magistrate was here read, as follows: "The witness cannot identify the things; we had the misfortune to break a glass; I thought I would put it in my basket in case it caused a piece of work, and got me discharged; J found the lead weights in the road coming home."
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor and Jury. — Confined One Month.
ROBBRT HENRY AUSTIN . I am a carpenter, and live in Hart-street, Bryanston-square. I was employed at a beer-shop at Somers Town—I had four planes, a square, and other articles there on Monday, 17th Feb.: I sent Barker for them on the 20th—he brought me the remainder of the tools, but not the planes and square—the prisoner went with Barker—they had been employed by me at the beer-shop a little while.
CHARLES FREDERICK BARKER . I am a labourer. I was sent by Mr. Austin to fetch his tools—the prisoner went with me—as we went he left me, and went in a public-house; I went on—he then passed me on the road, and got to the beer-shop before I did—I brought two baskets of tools away, which the landlord gave me—there were all sorts of tools—the prisoner was in the house, and had began to work—he came away with me as far as Tottenham Court-road—I carried both the baskets—I had three planes and one square in one of them—when we got to Tottenham Court-road, we went into a public-house—I put the baskets on a tub that was there—I was talking to a man, and when I looked round the prisoner was gone, and I missed the three planes and square—in consequence of information I went to a pawnbroker's in Tottenham Court-road—I found the three planes and square there—I had not given the prisoner any authority to pawn them.
Prisoner. It was by his whole and sole permission that the things were pawned; we divided the money at the Adam and Eve; I told the policeman the next morning where the things were pawned. Witness. I did not give him leave to pawn them—we did not share the money—we had
been at the Adam and Eve, and I left the tools there while I went to the pawnbroker's—I went back there, but did not see the prisoner again—a man that knew him told me where he went.
Prisoner. I do not deny pawning the' tools, but did not Barker come to the pawnbroker's after I left? Witness. Yes; he came to inquire—the prisoner had been drinking.
GEORGE POCKET . I am assistant to Mr. Griffith, a pawnbroker. I produce a trying-plane, pawned on 20th Feb.—I do not know whether I took it in, but on the Saturday following the prisoner was brought to our shop by the policeman, and he admitted that he pawned it.
THOMAS SAVORT (policeman, 58 d.) I took the prisoner—he took me to the pawnbroker's, and told me where he had pawned all the tools—I told him what he was charged with; he said he knew nothing about it—I took him in bed at his lodgings on the 21st, he got up from the rags—the place was very poor—he continued to deny it.
Prisoner's Defence. I do not deny pawning the tools, but I did not pawn them to defraud the prosecutor; it was my intention to redeem them all on Saturday; that was the understanding between Barker and myself.
GUILTY . Aged 46.— Confined One Month.
THIRD COURT.—Thursday, March 6th, 1851.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SALOMONS; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
GUILTY . Aged 22.— Confined Three Months
MARK LOOMBE (policeman, B 11.) On 1st Nov. I stopped eight bagatelle-balls, at Mr. Williams's, pawnbroker, Smith-street, Westminster—since then I have been in search of the prisoner, I took him into custody on 19th Feb., and told him it was for pledging some bagatelle-balls—he said they were given him by a friend to pledge, and he had been to Ireland since that time.
GEORGE WILLIAM HOWARD . I am assistant to Mr. Williams—I produce eight bagatelle-balls, which were pledged on 1st Nov., for 2s. 6d., by the prisoner—I knew him before, and am quite sure he is the man.
Cross-examined by MR. PAYNE. Q. What time was it? A. Between five and seven o'clock in the evening; I refused to take them at first, and
he assured me they were his own—I knew him as a customer—we have 200 people a day pledge at our place, but I never took in any bagatelle-balls before or since—I have been there nearly three years—they are ordinary balls.
THOMAS BLONDELL . I keep the Duke of Wellington, Shoreditch. These balls are mine—they have been originally billiard-balls—I can swear to this one with a black mark in it—regular bagatelle-balls have not that mark—I had them reduced in size, but the mark goes all through—there is also a mark on the black ball where it is worn—on 31st Oct. the prisoner slept at my house—I let him out in the morning, for the train, at half-past five—about nine I missed the balls from the bagatelle table—any person in the house could get to the bagatelle room, but the prisoner was the only stranger there that night.
Cross-examined. Q. That mark is put into hundreds of balls, I suppose? A. I never saw it in bagatelle-balls; they were safe at twelve o'clock at night, on 31st Oct., when we shut the bagatelle-room shatters—we open at seven in the morning.
RICHARD COUSENS (policeman, B 30.) I produce a certificate—(read—Central Criminal Court, Aug., 1849, Edward Tobin convicted of stealing nine bagatelle-balls, having been before convicted; confined, one year)—I was present at the trial—the prisoner is the person.
Prisoner. He is telling the truth; I have been convicted before.
GUILTY Aged 50.— Transported for Seven Years.
THOMAS TRENDALL . I am in partnership with Frederick Bennet. The prisoner was our apprentice—on 21st Feb. I gave him leave to go out—it was the anniversary dinner of the London Orphan Asylum, where he had been educated—I saw two parties waiting for him outside—he went to dress—I went to his room, and saw a parcel lying on his box, and said, "Whose parcel is this?"—he said, "It is mine"—I asked what it was—he said it was books—I said, "We will open it, and see what it is"—as I was going to open it, he said, "Oh, Sir, they are grocery," and I found this grocery (produced)—it is 1 1/2 lb. of currants, 2lbs. of sugar, 1 1/2 lb. of cocoa, 3/4 lb. of citron, 1 1/2 lb. of muscatels, 1/2 lb. of almonds, 5oz. of Spanish juice, and 5oz. of sugar-candy—I said, "This is a strange game you are carrying on"—he said he meant to pay for them—I said, "How could you pay for them when they are odd quantities?"—he made no answer—I gave him into custody—they are odd weights.
Cross-examined by MR. PARRY. Q. What do they amount to? A. 4s., the trade price; he was apprenticed to us on 9th July, 1850—here are the indentures: I brought them because I thought you might ask the question—he was to serve us five years—we received 20l. with him—I do not know whether I shall have to return the premium if he is convicted and the indentures cancelled—I was to pay him no wages, but he boarded and lodged with me—I do not know whether the youth and the young lady who were waiting for him were connected with the Orphan School—he may have had goods for his friends twenty times, but I always weighed them myself—I will not swear I have not received more than 5l. of him—
he may have worked half a dozen times, about Christmas time, till two or three o'clock in the morning—we do not work, but we have taken stock once on Sunday—we usually work till ten.
MARY WARREN . I am in Mr. Trendall's service. On the evening of 21st Feb., while the prisoner was dressing, I went to call him, because I wanted to make the beds, and saw a brown-paper parcel on his box—two or three Sundays before that I saw him in the shop, with the scales in his hand—I said, "George, what are you about?"—he said, "He knows what I have got; I am going to take it to a friend's house"—he said Mr. Trendall knew it—I did not see what he had.
EDWARD COTT (City policeman, 285.) I was sent for—I saw the prisoner come down-stairs, took him into custody, and asked him how he came to do it—he said he did not know—I asked who he was going to give it to—he said he did not know—I said, "Is it possible you are going to give this to anybody you know nothing about?"—he said he would give it to anybody.
Cross-examined. Q. Do you know that in examining the prisoner in that way, you did that which no Magistrate or his Lordship dared to have done? A. No; I have been thirteen years in the police, and am thirty-six years old.
(The prisoner received a good character.)
NOT GUILTY .
743. MARY ANN JONES , MARY ANN MAINE , MARGARET SULLIVAN , and ELIZABETH LOADER , stealing 22 yds. of printed cotton, value 11s.; the goods of Walter Rowsell; Jones and Sullivan having been before convicted.
WALTER ROWSELL . I live at 38, York-street, St. Luke's, and am a linen-draper. On the afternoon of 13th Feb., the prisoner Maine came and bought a ball of cotton, paid for it, and went out—directly she was gone Mrs. Mills came and spoke to me; in consequence of which I went to the shop porch, and missed this piece of print (produced), which I had seen safe a quarter of an hour before—I went through several streets; through King's-square, which is a quarter of a mile from my shop, and at the corner of Wellington-street, Goswell-street, I saw Jones, Sullivan, and Loader—I laid hold of Loader; I found she had nothing, and let her go—I then took Jones, and found she had the print in her apron; I said, "You have my print in your apron"—she said some one had given it her—I told her I should take her to the station, she begged me not to, and made great resistance—as we were going, some one gave her a knife, and told her to stab me, and she cut my band, but did not hurt me—I took this knife (produced) away from her—in the evening Maine came to my shop with two women, who said they were Jones's mother and sister, and offered to pay for the print—Maine said they were outside together, and Sullivan gave her a penny, and sent her in for the ball of cotton—she said nothing about the print.
Cross-examined by MR. CARTER. Q. Did you see where the knife came from? A. Some hand gave it her, I cannot tell whether it was a man or woman; it is a common dinner knife; my finger was cut—there were two ladies in the shop when Maine came in, my boy was serving them—the print was pinned in several places on an iron in the lobby; it could not be easily taken away—when I served Maine her back was towards the print.
MARY ANN MILLS . I live nearly opposite Mr. Rowsell's shop. On this afternoon I saw all the prisoners standing next door to Mr. Rowsell's—I saw Jones and Loader leave the other two, and go to Mr. Bowsers door, and Jones took the pins out of the print, and put them into her frock—they then went back to the other two, and Maine went into the shop, and while she was in, Jones and Loader went, and Loader took the print—they both came out, joined Sullivan, who had been waiting for them, and went away together—Sullivan could see Loader take the print—Maine almost immediately came out, and turned the contrary way to which the others had gone—I told Mr. Rowsell.
Cross-examined. Q. Were you in your room? A. Yes: it is not a very wide street—the others were out of sight when Maine came out—when Jones and Loader unpinned the print, they were inside the porch.
WILLIAM BIBBY (policeman, G 190.) I took Maine; she said she was sent in by Sullivan for a ball of cotton; she asked if they were going to do any thing wrong, because, if they were, she would not go in.
JOHN REEVE (policeman, A 424.) I took Sullivan, and told her it was for being concerned with others in stealing twenty-two yards of print; she said she knew nothing about it—she afterwards said, though she were bad, she was not bad now; she had been taken out of an institution, but she was going to turn good now—she afterwards said she had given Maine the halfpenny to buy the cotton.
Cross-examined. Q. Is not Maine a decent girl? A. They call her the "modest girl"—that is a phrase used by prostitutes towards one who goes sly.
WILLIAM MURRELL (policeman, N 135.) I produce a certificate from Clerkenwell (read—Mary Ann Compton, convicted Oct., 1850, of stealing. 40 yards of printed cotton—Confined Three Months)—I was present—Jones is the person.
JONES— GUILTY . ** Aged 16.
SULLIVAN— GUILTY . † Aged 19.
Transported for Seven Years.
LOADER— GUILTY>. ** Aged 14.Recommended to mercy by the Jury — Confined Twelve Months.
MAINE— NOT GUILTY .
WILLIAM HILLS . I am a cheesemonger, at Amelia-place, Fulham-road. Last Saturday night, about eleven o'clock, I had four hands, three loins, three legs, and two heads of pork, on my stall-board, outside my shop—I laid them straight, went and called the boy from the other end of the shop, and afterwards went out again, and saw the prisoner there, and she asked me the price of the loins—I told her, turned to speak to a man behind the
counter, and when I turned back I missed a loin—the prisoner had just left—I looked again, and missed a hand—I got my hat, followed, and overtook the prisoner and another woman—I accused the prisoner of thieving a loin of pork—she had a basket with her, I looked into it, and saw a hand of pork belonging to me, and some other meat which was not mine—I got Mr. Webb to hold the prisoner—I went after the other woman, but did not catch her—I came back, and Mr. Webb had taken the prisoner to my shop, and the meat was on the counter; she offered to pay for it—I called a policeman.
Prisoner. Q. How long before the loin was stolen did I come to the shop? A. Two minutes—I missed the loin first; I did not see you take it; no one was passing at the time but you.
PATRICK RYAN (policeman, B 232.) I received charge of the prisoner and this pork (produced)—she told me somebody passing by her, put something into her hand, but it was not the pork—she afterwards wanted me to change the pork for one of the pieces of mutton in her basket—I found five pieces of mutton there; I know nothing about them.
Prisoner's Defence. I had been to Leadenhall-market, and a friend returned with me, who was going to stop with me that night, and see my husband, who is in Chelsea Workhouse, next day; and he offers to pay the passage of myself, husband, and children, to New York on 1st April, if I am convicted, I shall lose the chance of going for ever; I met a woman, who said, "Take this, my husband is after me," and when Mr. Hills came up, I thought he was her husband; I have lived in Chelsea fourteen years, and kept a respectable cheesemonger's shop till the last two years; there is nothing against me except the nine months which I have had, and I was foolishly led into that.
MARK LOOMS (policeman, B 11.) I produce a certificate—(read—Central Criminal Courts Mary M'Donald, convicted Nov. 1849, of stealing 69 sovereigns, from the person; confined one year)—I was present; the prisoner is the person.
Prisoner. Q. Do you know anything else against my character? A. No.
GUILTY.— Judgment Respited.
MR. PLATT conducted the Prosecution.
CELINDA MARY MARIA VOGLEHEIM . I am the wife of Francis Vogleheim, of Craven's-buildings, City-road. On 7th Feb. the prisoner came to me, represented himself as a baker, and wanted a room to sleep in by day, as he worked at night—I agreed to let him have my second-floor back-room, which adjoins my bed-room—he came at ten o'clock next morning, and remained in the parlour half an hour, and I then showed him his room—he said he should be no trouble, he should merely require some boiling-water in the afternoon; he should not have tea at my place, he merely made it, carried it in a bottle, and put it into the oven to warm—he went up-stairs, and in a quarter of an hour I saw him in the yard without his coat, coming towards the house—about one o'clock I was in the shop, and saw him in the parlour—I went, and said, "Dear me, you are up very early"—he said, "This is Saturday night, and I have had
two hours good sleep, and I shall have all night to-night"—he said he was going to fetch his clothes and money—my attention was called to the shop, and I never saw him again till he was in custody—at twelve o'clock at night I went to my room, and missed a gold seal and ring, a brooch, a coat, and a pair of trowsers, and other things, worth more than 10l., which I had seen safe a little before nine in the morning—the room was still locked, and must have been entered with a false key—there is a skittle-ground adjoining my yard, and a fence between them—any person could get over with ease from our place, because there are a great many baskets in the yard, but you could not get from the skittle-ground to our yard.
ANN PLATER . I have worked for Mr. and Mrs. Vogleheim thirteen years; I was there when the prisoner came—about half an hour after he had gone to bed I saw him with his coat off, and he asked me the time—I told him, "Between eleven and twelve"—he said, "Call me at two," and then he came back, and said, "Call me at five"—I saw him out in the yard about a quarter of an hour after he went to bed—I saw him go into the parlour about one o'clock, and did not see him again.
NOT GUILTY .
746. JOHN LYONS was again indicted for stealing, on 11th April, 1850, 1 sovereign, 6 half-crowns, 3 shillings, 1 watch, and other articles, value 3l. 12s.; the property of Amelia Griffiths, in her dwelling-house.
MR. PLATT conducted the Prosecution.
AMELIA GRIFFITHS . I am a widow, and live at Edward-street, Deptford. About 10th April, 1850, the prisoner came to me, and took a lodging—he said he was a baker—I asked where he worked—he said he had been three years in a situation in Fenchurch-street, but had heard of a situation at Deptford, and was going to work that evening—I forget what name he said—he said he wished to come in in the morning, and sleep in the day, as he worked at night—he came at eight o'clock next morning, and I showed him the room, which was a top one, at the back of the house—I asked what time he wished to get up, and he said about four in the afternoon—he came down about half-past three, and I said, "You are up earlier than you wished to be called"—he said he was awake, and thought he might as well get up—he asked for some boiling water, and went out to get a piece of bacon, but he never came back—I did not see him till he was in custody—my room is on the same floor as the one he occupied—I afterwards missed from my drawers there 2l. 16s. In money, a silver watch, gold pin, a brooch, watch-chain, a silk handkerchief, and a pair of stockings—the drawers had been unlocked and locked again—I left them safe at seven in the rooming—no one besides the prisoner was up-stairs, except a lady who lodged on the next floor, and who is still lodging a few doors off—she continued with me four months after this—the house is my dwelling-house, and in the parish of St. Paul, Deptford.
Cross-examined by MR. HORRY. Q. How long has your husband been dead? A. Three years—I last saw the things safe the morning the prisoner first came, and missed them between six and seven o'clock the next evening—the key was in my pocket—the things are worth 6l.—it is a lodging-house.
GUILTY . * Aged 23.— Confined Twelve Months.
(There was another indictment against the prisoner.)
MR. BIRNIE conducted the Prosecution.
JOHN WILLIAM TINDALL . I am a currier, at Great Sutton-street, Clerkenwell, and have one partner. On Tuesday, 4th Feb., the prisoners, who I knew a little of before, came to our shop with Mr. Bull, who is a collar-maker, and a respectable man—Butler said, "We have brought a person to look at those hides"—he did not say the number, but they had seen twenty-seven japanned horsehides previously—they were worth 20l. 4s.—I had told them I would take 21s. 6d. per hide, and told them to bring a customer—Mr. Bull asked me the price I would take for the hides, and I said I had left it to these men—they all went away together, and in about a quarter of an hour the prisoners returned, and Butler told me Mr. Bull would take one hide on trial, and if he approved of it he would take the whole, as he had had some before and did not like them—White was at Butler's side, and must have heard what he said—he approved of what Butler said, but I cannot say what words he used—they seemed congenial together—on the Saturday previous Butler had told me, in White's presence, that White and he worked into one another's hands in doing business—the same afternoon, the 4th, Butler told me he had got au order from Mr. Plowman, who I know is a collar-maker, and a respectable man, for ten hides for approval—on the 3rd, Butler had said they wanted some harness for Mr. Beale, and a horsehide to try as approval for a person, and he and White looked them out together, and they amounted to ninety-six pounds of leather—they told me Mr. Bull lived near the City-road—on the Tuesday, I left our place with the prisoners in our cart, taking eleven horsehides, and ninety-six pounds of leather—we went to Mr. Bull's—Butler got out, took one hide, and I saw him go in with it—in about five minutes he returned, and said we were to make haste to Mr. Beale's as we were to see him at five o'clock—he had left the hide at Mr. Bull's, and said he thought it would suit him—he said he had seen Mr. Bull—White said that Mr. Beale had remarked that our hides had not suited him before—we drove to Mr. Beale's—Butler took in one bundle, and White the other of the ninety-six pounds—I did not then go in, but I did a few minutes after with Butler—he had said Mr. Beale would not be at home till ten, and Butler said, "Mr. Beale will be at home at ten," and the foreman said, "Yes"—we then went to Mr. Plowman's, in North Audley-street, and they each took in a bundle of the ten hides—I went to a public-house opposite, and in a short time Mr. Plowman, Butler, and White came, and White kept me in conversation while Butler talked to Mr. Plowman—I heard Butler say to Mr. Plowman "at eleven o'clock," and they went out—I did not go with them into Plowman's, because I did not like to interfere; it was rather a delicate question; if they were to make a few shillings by it, I did not like to take it from them—Butler returned, said the hides were all right, Mr. Plowman was engaged, but we were to call at eleven—I had got two enamel hides in the cart, and we took them to a leathercutter's in Crawford-street—White took a hide in, and Butler sat with me in the cart, and Butler went in afterwards—he afterwards gave me the money for that—we then got into the cart, and rode down Oxford-street, where they got out, and Butler said they would meet me at eleven in the morning—I said I would
rather they would come earlier, before ten; and White said, "We had better be to the time"—it was agreed they were to be at our place at nine, and I went home in the cart—I think they left me about a quarter-past eight—they did not come next morning, but in the afternoon Butler came and said he was selling leather in St. John-street, and he would call the next morning—I did not see them again till they were in custody—I have only received the 27s. for the one hide—the one left at Mr. Bull's was 24s., the ten at Mr. Plowman's 11l., and the ninety-six pounds of leather at Mr. Beale's 4l. 10s.—I have seen one hide since at Mr. Covey's, Little Leonard-street, which I believe to be one of them—this is a part of it (produced.)
Cross-examined by MR. HORRY. Q. Which of the prisoners spoke first? A. Butler; he was the principal speaker—when he spoke of the horsehides for Plowman, he said, "Likewise we have got an order from Mr. Plowman for ten hides, for his approval; if he approves of them he will want a great many more," and he said Beale wanted some harness leather, and" we will take that along with the other"—I did not see Mr. Bull when we took the hides—I did see Mr. Plowman.
Cross-examined by MR. PAYNE. Q. How long have you known Butler? A. Perhaps six or seven months—I had never had any transactions with him before—I once gave him a crown on account of his telling me of a customer—it was not commission; merely a present—the goods I sold came to 5l. or 7l.—I told Bull I would not interfere in the price of the hides—I did not say they might sell them as they pleased—I put a certain price on the goods, and if they could get a shilling or two more, they might keep that—Butler once wanted me to take a bill for 50l.-worth of hides—that is the only other transaction I have had with him—I sold him the goods, but as he did not pay ready money I did not deliver them—that is fifteen or sixteen months ago—I have paid for these goods—I am not in difficulties, and I have not expressed my intention of going through the Insolvent Court.
MR. BIRNIE. Q. The goods were in your possession, and were your property? A. Yes; I parted with them on account of the prisoners telling me they had customers for them, and they walked into the places the same as if the goods had been ordered—I believed they had the orders.
JAMES COVEY . I am a collar-maker, at 47, Little Leonard-street, Finsbury—I have bought some 100l.-worth of goods of White. On 4th Feb., he brought Butler to me, and I bought a patent hide of him—he asked 22s. for it, and I gave him a sovereign—White introduced him to me, or I should not have bought it—two or three days before this they told me they knew where there were some hides to be sold worth the money, not half an hour's walk from my house, and would I go with them—I went with them to Tindall's, and Mr. Tindall turned over twenty-seven hides for my inspection—I left with the prisoners, and asked what they wanted for them—they said 23s., 6d. each—I said they would not suit me at that price—we had a pint of beer, and I left them—this is part of the hide I bought.
Cross-examined by MR. HORRY. Q. How long hare you known White? A. Twelve years—he has always borne an honest character, and gets his living by selling leather on commission—Butler took the sovereign—there was no concealment about the transaction.
Feb. the prisoners called and asked me whether I would buy twenty-seven horsehides—they brought one with them, which I looked at—I thought it very decent leather, and arranged to go with them next morning to see the twenty-seven—I went with them to Mr. Tindall's and saw the hides—I asked Tindall the price, and he said he would leave it to these men—I went away with the prisoners, and they wanted me to make an offer for the hides—I said no, I had had leather of Tindall before and it cracked, and "I will have nothing whatever to do with them"—the same afternoon, between four and five, Butler brought a hide, and asked me again to make him an offer for it—I said I would have nothing to do with it—I cannot say whether White was then present or not—Butler said, "Can I leave it here?"—I said, "You can," and they accordingly left it, and both of them called for it about eight or nine, and took it away.
Cross-examined by MR. PAYNE. Q. Did not Butler try to persuade you to purchase the hides? A. Yes; I did not offer him any price—I said I would have nothing to do with them—I did not let him leave the hide as a sample—I thought he wanted to go further, and call for it as he came back.
JOHN BEALE . I am in the service, of my father, John Beale, of Gresse-street, Rathbone-place. On 4th Feb. the prisoners brought 96lbs. of harness-leather in two lots to our place for sale—they asked what time my father would be in, and the foreman said ten next morning—I said he might not be in then—he told me to mind my own business—they left the leather and brought Mr. Tindall in, and asked again what time my father would be in, and the foreman said again ten o'clock—I said he was out of town; and they went out together, leaving the leather—the prisoners came again in the evening and took away one roll, and the next evening they took the other roll—the second day they were both very drunk, and could hardly stand upright.
Cross-examined by MR. HORRY. Q. Who brought the leather? A. Butler one lot, and White the other—my father has had several dealings with them before, and I never heard of anything wrong.
JAMES PLOWMAN . I live at 41, North Audley-street. On 4th Feb. the prisoners each brought a bundle of leather—I asked where it came from, and who sent it, for I had ordered nothing of the kind—Butler said, "If you will open it and look at it I think you will become a buyer"—I said, "Allow me to be the best judge of that, for I have plenty by me"—he asked me to look at it and I would not; I was busy, and said, "I do not want any"—Butler asked me to go and take a glass of ale with him, and when I got into the public-house Mr. Tindall was there, and the horse and cart at the door—the property was left on my shop-board—I was talking to Tindall, and Butler called me away and said, "Mr. Tindall has nothing to do with this property, it is mine;" and asked me to allow him to leave it at my shop till eleven next morning—I declined that, and said he must take it away then—he then asked leave to leave it while he went to Paddington, and he would call again in an hour; and he did so, and took it away—I believe White was with him then, but not Tindall.
Cross-examined by MR. HORRY. Q. White was in the cart when Butler came and took the leather away? A. Yes; I do not think Mr. Tindall was, or he would have spoken to me; he was in the cart when they came first—Butler told me he had got four dozen sheepskins for sale, and I said I did not want them.
COURT to JOHN WILLIAM TINDALL. Q. What time was it that you were at Plowman's with the prisoners? A. About six o'clock—I did not go there again that evening; I was not there when the hides were taken away—I was not aware Plowman had refused to have them; if I had I should have taken them away again—they told me they were to be paid for next day, at eleven o'clock.
JOHN HARVEY (policeman, G 14.) I took Butler, and told him he was charged with obtaining a quantity of hides and leather from Mr. Tindall by false pretences—he said it was a straightforward transaction, and Mr. Tindall had better mind what he was after, or he would set his lawyer at him—I commenced searching his room, and he said, "It is no use looking here, they are all sold"—I took him to the station—I afterwards took White out of a cellar, where he had hid himself, and told him the charge—he said, "Is Butler in custody?"—I said, "Yes"—he said, "That is a good job; if he had not been, I intended to have gone to Mr. Tindall today and given information; it is a bad job; he has been a pest to me since Christmas."
JOHN REEVES (policeman, A 424.) I took Butler to the station—he said if Mr. Tindall did not mind what he was about, he would set his lawyer to work at him—I found this card on him, with "ten japan horse-hides, 22s. 6d.," on it.
(White received a good character.)
WHITE— GUILTY. Aged 41.—Recommended to mercy by the Jury. — Confined Six Months.
BUTLER— GUILTY . * Aged 48.— Confined Twelve Months.
OLD COURT.—Friday, March 7th, 1851.
PRESENT—Lord Chief Justice JERVIS; Sir CHAPMAN MARSHALL Knt., Ald.; Mr. Ald. FARNCOMB; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
GUILTY .— Transported for Seven Years.
JOHN CLINTON . I am a coachman; I am at present living at Brompton Hospital. On Saturday, 25th Feb., I was at the House of Charity in Rose-street, Soho—the prisoner was also living there—I had a silver watch, chain, and seals, which I put on the bed about two minutes to four o'clock in the afternoon, while I went into the next room—I left the prisoner sitting on the side of his bed—I returned in about a minute, and he was gone, and my watch also—it was worth 10l.—I have never seen it again—the prisoner did not come back—I saw no more of him till Monday last—it is Mr. White's dwelling-house.
Prisoner. Q. Is there not a back-door by which any one could have access to the room? A. There are back-stairs, but no one is allowed to come up them—I had heard you say you were about to leave the house.
HENRY TURNER . I am a servant at the House of Charity. The prisoner lived there, and left on 15th Feb.—I saw nothing of him after that till the night of 2nd March, when I met him in Holborn—I asked him what he had done with John Clinton's watch—he said he had blewed it—I did not know what he meant, unless it was that he had got rid of it—I told him I must give him into custody—he begged me not, and said most likely he should be transported if I did—I gave him into the custody of the first officer I met.
Prisoner. Q. Did not you ask me at Bow-street what I had done with the watch, and did not I say I knew nothing about it? A. No.
Prisoner's Defence. I can only protest my innocence; I was in the room, it is true; but there is a back-door to the room, and there were thirty other persons in the house; as I was about to leave the house, it was very easy for some one to watch the opportunity and take the watch, knowing that I should be saddled with the offence; if I had taken it, in all probability I should have been better dressed when I was taken.
GUILTY of stealing only. Aged 23.— Confined Twelve Months.
Before Lord Chief Justice Jervis.
MR. BALLANTINE conducted the Prosecution.
FRANCES MILLS . I am the wife of William Mills; I live at 46, Georgiana-street, Camden-town. I went to the shop of Mr. Anderson, a trimming-maker, 76, High-street, Camden-town, about a quarter after six o'clock, to purchase some braid and buttons—I had a bag on the counter—I had a pone in it—I took it out of the bag to pay for the articles—after paying for them I had one shilling and a penny change; I put them into my glove—there was then some bills in one end of my purse—my purse was on the counter when I took out the half-crown to pay for the articles—I noticed a person looking at me while I was paying—there was a little girl about twelve years old between the person and me—I was not able to see his face, only his eyes—I noticed them; they were fixed on my purse—I heard him ask for three-eights of alpaca—Mr. Dale served him, and about three minutes afterwards I left the shop—I had put my purse in my bag—I went round Greenland-place—as I came to a post, the prisoner was there with his back towards me—he seemed to come from the road to Bayham-street—when I was crossing, he sprung round and snatched at my bag; it was twisted round my hand—I had not so much opportunity of seeing his face as his figure—he pulled my bag, and struck me at my throat—he dragged me three or four yards down Greenland-place—he then gave another tug, and the strings broke, and he left the strings with me and ran away—I could not scream until I got halfway down the court, and then a person in shirt-sleeves came up and pursued him till he was lost sight of—I did not see the prisoner again till he was brought to me on the Monday night by the officer—I noticed the eyes of this man fixed on my purse in the shop, but it was so instantly done I had not an opportunity of seeing his face—the prisoner is the person that robbed me—I say that from his appearance
altogether—when he ran down the court, I had a good sight of him, and when he was struggling with me I had a good sight of him.
Cross-examined by MR. NAGLE. Q. What time were you in Mr. Anderson's shop? A. As nigh as I can recollect, at a quarter-past six o'clock; I had never seen the prisoner before that night to my knowledge—the little girl between him and me in the shop prevented me from seeing his figure—the robbery was committed in Green land-place, about half-past six—it was neither dark nor light—there was a young moon up when I started from home, about five o'clock—I had sufficient light to distinguish this person's figure—I conclude by that be is the individual who committed the robbery—he dragged me along the pavement till the cords of the bag broke, and be ran off with my bag—I ran after him, and said, "Stop thief!"—he ran down the court that leads into Bayham-street, and from there across York-street—when I got down Queen-street I met a person—he did not ask me to go into a warehouse to rest, but he accompanied me a little way to look for a policeman—in going along we came to a greengrocer's shop—I saw the greengrocer's boy outside, I charged him with having been the person who committed the robbery—he was about the size of the prisoner at the bar—I afterwards met the policeman—I cannot tell what time it was—I was a long time in Queen-street and about King-street before I could find a policeman—I asked him to examine the court which is in King-street—be was not the person who took the prisoner—I want straight home—I cannot say at what time I got home—my husband was not at home—it was about a quarter-past twelve when he came—I was not able to return to Mr. Anderson's shop; I was hardly able to sit or stand—I went the next day to Mr. Anderson's, and made inquiry about the person who was in the shop when, I was there—I asked the shopman who it was that was in the shop, and if he knew anything about his character—I said when I turned my head round I saw hit eyes on my purse—I said, "Have you any knowledge who it was?"—he stood a few minutes, and then he said, "I think I do know who was in the shop; he has come to the shop several times"—the prisoner was not taken till the following Monday—he was brought to my house, in Georgiana-street—I at once identified him as the person who robbed me—I did not say, "That is not the man;" I said, "I cannot swear to his being the man that was in the stop, but that was the man that robbed me."
MR. BALLANTINB. Q. You say you charged a greengrocer's boy; did you give him into custody? A. No; as I came to the corner of King-street a boy ran out, and I said, "Have you seen a person run this way?"—he said, "What! what!"—I said, "Have you seen any one run this way?"—I said, "He was very much like you; if I am not mistaken, you are the person."
AUGUSTUS DALE . I am in the service of Mr. Anderson, of High-street, Camden-town; he keeps a tailor's trimming shop. On Tuesday evening, 4th Feb., the prosecutrix came to the shop, about half-past six o'clock—Miss Furley attended to her—there was a little girl in the shop, and the prisoner was next to the little girl—he was purchasing some alpaca; I cannot say whether it was 3-8ths or 5-8ths—the prosecutrix left the shop first, and the prisoner left about a minute after—I had known him before well—the prosecutrix came to the shop the following day, and I gave what information I could.
Cross-examined by MR. PAYNE. Q. Was the prisoner in the habit of purchasing alpaca amongst other things? A. He was in the habit of purchasing things; not alpaca more than other things—other persons purchase alpaca in our shop—I do not know whether the prisoner had purchased any alpaca there on the Saturday before that Tuesday—it was not on Saturday he purchased the 5-8ths of alpaca, it was on Tuesday—I do not know whether he purchased any on Saturday—I do not recollect the price or the colour of it—the shopwoman who served the prosecutrix is not here—I do not know the little girl—there was no one in the shop besides the shopwoman and the girl, the prosecutrix, and the prisoner—there were no other customers in the shop at that time—Mr. and Mrs. Anderson were out that evening—tailors and jobbing tailors purchase alpaca at our shop.
CHARLES BON . (policeman, S 383.) I found the prisoner in a coffee-shop in Camden-town, on Monday evening, 10th Feb.—I called him outside, and asked him if he recollected being in Mr. Anderson's shop on the Tuesday evening previous—he said, no, he was not there—I said, "Now recollect yourself; you know this is Monday evening; it will be a week to-morrow; recollect if you were not there?"—he considered a minute or a minute and a half, and he said, "No, I was not there; I have not been there since the Saturday previous"—I said, "Were you not there, purchasing some alpaca, on Tuesday evening, about half-past six?"—he said, "No"—he recollected himself again, and he said, "I have had no use for alpaca; I have not bought any since the Saturday evening"—I asked if he had any objection to go to Mr. Anderson's—he said, "No;" and I took him there—we left the shop together, and when we came out he asked me what it was about—I said, "Something about some money"—I asked him if he had any objection to go to Georgiana-street—he said, no, when he had had his tea—I let him have his tea—he was then taken to the prosecutrix, and was identified—he denied being the person.
Cross-examined by MR. PAYNE. Q. He went quite willingly to Mr. Anderson's, and after he had had his tea to the prosecutrix's? A. Yes; I remained at the end of the table while he took his tea—he lived at the coffee-shop—it is about five shops from Mr. Anderson's.
Witnesses for the Defence.
ANN BUSH . I live at No. 7, Greenland-place, Camden-town. I recollect the night of 4th Feb. perfectly well—I heard a person crying, "Stop thief!" that night—I went out to see what it was all about—it was close against my own door—I saw the man running up the place where I live, and the lady had just passed—I saw the back of her—the man was not the prisoner.
Cross-examined by MR. BALLANTINE. Q. Have you seen the raw since who was running? A. I have; I have not seen him here to-day—I knew him at the time—his name is John Raycroft—he lived four doors off my own house, at No. 11—he ran straight up the court towards Bayham-street, not towards his own house—I knew him at the time they were chasing him, I have no doubt of him—I did not tell a policeman—I did not see one—I did not seek out the police, and tell them who robbed the lady; there were other parties took it up; the policeman had information without me—my brother told him—I know Raycroft personally—he does not visit at our house—when he does work he is a labourer—he is a
young man, and thin; he has light hair which is cut rather close to his head—he wears a cap—I have not spoken to him since this affair—I have not told him that he was the thief, and an innocent man was charged—I have not been to the police-court—my husband is a boot and shoemaker—I have not known the prisoner at all—I have known Raycroft two years—he lives with his father—a young man in shirt-sleeves was running after Raycroft—I was standing at my door—the lady passed me, and at that time I knew it was Raycroft running; he ran out of the court, and also the man in shirtsleeves.
COURT. Q. What night was this? A. On Tuesday, 4th Feb.—I take in washing, and I know it was Tuesday night by my bills—I had on that afternoon taken my washing home, and delivered my bills—I did that on 11th Feb. as well—I heard of this on the following Tuesday—the policeman came and inquired, not of roe, but I was standing by—he inquired of the young man who ran after him—that was my brother, William Knowler—it was my brother that ran after him—my brother is not here—he does not know him—the policeman asked my brother if he knew the man, and he said he did not know him—during that time I was standing inside my own door—the policeman asked him if he knew the man that robbed the woman and ran away, and he said he did not know him; and he does not know him—I did not say to the policeman, "I know him"—I did not know that they would require me?—he asked my brother if he could swear to the man, and he said, "No,"—he said he did not know the man—I did not tell the policeman I did, because my brother ordered me to shut the door—my brother knew that I was there—I had before that told my brother that I knew the man who had robbed the woman; I said that it was him.
WILLIAM LAWEENCB . I live in Greenland-place, Camden-town; I am a boot and shoemaker. On Tuesday night, 4th Feb., I was at home at business—I heard a terrible noise between seven and eight o'clock, and a cry of "Stop thief! stop him!"—when I got out there was no one—whether it was a man or a woman I could not tell—I know Raycroft—I never saw the prisoner.
COURT. Q. Who told you to come here? A. Several persons—I am certain it was between seven and eight o'clock—my clock struck seven some minutes before this happened.
JOHN GBOEOB STUBGSSS . I work at a pianoforte-manufacturer's. on the night of 4th Feb. I got half-way down Bayham-street, and a man came running—I saw him before he came to me, and two persons after him; and on the right-hand side was Mrs. Mills, and then she sung out, "Stop thief!"—the man had passed me, or I would have stopped him before—I went to Mrs. Mills, and said, "He has not had time to come round Queen-street, have you got a policeman?"—she said "No"—I went to look for a policeman, but did not see one—I went down a street, and there was a man came out a coal-shop; I think he was about eighteen—I said to him, "Have you seen a policeman"—he said, "No"—the lady turned round and said, "I think you are the person who took my bag"—he bad not time to say anything, and she said, "It strikes me that you are the person"—he asked her to go into the shop—she looked to see for a policeman—I do not know the party whom I saw running—he was a little taller than the prisoner—the boy at the green-grocer's was not like the prisoner—the person I saw running was not the prisoner.
COURT. Q. How far was he from you? A. About three yards—I was on the kerb, and he was not—I saw him plainly, he was quite a stranger to me—I did not see him above two minutes—he was quite as tall as my self, and rather a light complexion—I have seen Raycroft since—I always call at Mr. Carter's, a butcher in York-street, to get my meat—I was coming home, and I saw Raycroft—I said to Mr. Carter, "The young man that they called, 'Stop thief!' after, is standing at the corner"—he said, "Are you sure of that?"—I said, "Yes;" and that was Raycroft.
SIMON MOORE . I live at 7, York-place, and work at Mr. Dyne's, a farrier. On Tuesday night, 4th Feb., between seven and eight in the evening, I saw the boy that robbed the lady run away, and the lady after him, crying "Stop thief!"—I knew that boy as a neighbour for four years—it was John Raycroft—I do not know haw old he is—he is about as tall as the prisoner.
Cross-examined. Q. Is he like the prisoner? A. No, not a bit—there is no mistake about it—the boy that committed the robbery has had his hair cut since; it was long before, long light hair, hanging down—he had a cap on—I had never seen him engaged in anything of this kind before—I do not know where he is now—I saw him last Tuesday night in Camden-town, at the corner of Payne's-court, opposite the coffee-shop where that young gentleman (the prisoner) lodged—nobody was with him; be was walking on; I did not speak to him; I looked at him very hard, because he was taken up, and I saw him out again—the policeman took him up on the Friday night—this was on Monday night—I heard that he had been taken up on Friday—I never knew the prisoner—I heard say that there was an innocent young gentleman taken up for Raycroft—I do not know who told me—it was all over, everywhere—Mr. Carter, the butcher, brought me here—I have never been in the coffee-shop—I have lived where I do nearly three years—I saw a man in his shirt-sleeves running after Raycroft, I do not know his name, he has been a policeman—I gave the statement that I was to give to-day to that gentleman (Mr. Nagle)—that is the gentleman I spoke to when I first came here—I told him what I had to say—he asked me a few questions—I first knew that I was coming here the day before yesterday—Mr. Carter, the butcher, spoke to me about it—it was the first day I came here that I spoke to that gentleman (Mr. Nagle)—I told him what I was going to say, he asked me what I was going to say, and I told him, and he put it down on paper in one of the offices here, in the passage—he asked me whether I was sure it was Raycroft—this is the first time that I have seen the prisoner—I am sure he is not the person I saw running—there was only a man in his shirt-sleeves, and Raycroft, and the lady—I have never been in Raycroft's company.
MR. NAGLE. Q. Has any person given you any money for coming here to-day? A. No.
COURT. to ANN BUSH. Q. Was your brother a policeman once? A. He was.
JAMES VIDLER . I am a cheesemonger. I recollect the prisoner making a coat for me—I gave him the order on 31st Jan., and the coat was brought home to me on the Sunday morning following, 2nd Feb.—this is the coat (producing it.)
Cross-examined. Q. Where was it you gave him the order A. In the shop, 92, High-street, Camden-town—I gave him seven shilling the
night, and paid him the remainder when he brought it home; twenty-five shillings in the whole—he had done jobs for me and my brother several times before.
Cross-examined. Q. What are you? A. A coffee-house keeper; the prisoner lodged with me—I have been conducting this case for him as well as I could, instructing the witnesses, and paying the counsel—he has lived in my house two years—I am not aware where he was on Tuesday sight, 4th Feb.—he was at home in the evening part, I believe, about five o'clock—I did not see him at ail that evening—I was in bed at five—I generally go to bed at three in the day and get up about eleven—mine is a night-house; open all night—my wife attends in the day; she if well, and at home—she was at home on 4th Feb.—my son also waits there—I have known Raycroft very well indeed from a child—I never saw him in my house, and never heard of his being there but once—I believe the prisoner does not know him—I have never seen them together—I heard Raycroft examined at the police court—the police-sergeant took him there on his own confession; and at the time he confessed he said he knew of part of the property, and that was found where tie said it was—I have not taken any means to bring Ray croft here, to-day—I saw him last Tuesday, the day he was at the police-court, and I saw him pass again on the Wednesday—he is about in the neighbourhood now.
COURT. Q. Do you know Knowler? A. No, I do not; I never saw him, if I did it was when he was a policeman; I did not know him by name—I know nothing about him—I did not hear he was the man that run after the person—I know he lives in Greenland-place—I did not know anything about this case till the prisoner was in custody—I heard then that Knowler was the man that ran after the person, and I then sent to Knowler to ask him if he knew of this case—be did not come to me;
Cross-examined. Q. Where have you been, during this trial? A. in the gallery—I have listened to all that has taken place—I never played at skittles with Raycroft, or the prisoner—I know Raycroft welt; he never was at my father's shop, to my knowledge.
COURT. Q. When you lent him the 2s. 6d. did he tell you he was going to Mr. Anderson's? A. Yet; he told me he had got a job for Mr. Vidler, and I said I will lend you 2s. 6d. as you. have not got any money—when he came back I said. "Have you any change to give?" and he said, "You are not in want of change, most likely?" and I said, "Never mind; when you get the money for the coat you will no doubt pay me"—he did not tell me Mr. Vidler had paid him anything on account—I think alpaca is 1s. a yard—I saw this alpaca after he bought it.
THOMAS RYAN . I live at 5, York-street. On the night of 4th Feb. the prisoner came to me at six o'clock, and stopped with me till ten—when he bad been with me about an hour, my sister, Charlotte Ryan, came in and said there is a lady going up Bay ham-street, crying "Stop thief!"—I told her to go away, and not bother us about it—my house. I should think is 300 yards from Greenland-place.
COURT. Q. How long have you lived in this place? A. Twelve years—I am a groom, but I assist in my father's business—he is a hair—dresser I last lived at Belgium, and left in Nov.—I lived with Mr. Riddle three months—before that I lived with Mr. Rogerson, at Barnes, eighteen months, and left last June—I never lived anywhere else—I was in my shop when this took place—the prisoner was sitting in the shop by the side of the fire—I recollect it was the 4th Feb., because I read the newspaper on the Sunday—he was at my shop on the Sunday night about seven o'clock, talking to my father, and the next time he came was on the Tuesday night—he did not come on the Wednesday—he has been once or twice since—there was only him, me, and my youngest sister, who is not here at home on the Tuesday night—my sister went out for some bread, and came in and told us about the lady—I told her to go away, and we heard no more of it—I knew the prisoner was taken on the Monday following—I did not go to the police-office, because I did not know what be was taken for—the policeman said he was taken about some money—I did not know it was highway robbery—Mr. Liney told me to come here, and said perhaps my evidence would be required—I know Raycroft, he has lodged at my father's house—I do not know how long ago it is—he stole ray father's pipe, and my father turned him out—I know Mr. Bush by sight—I believe he was a cabinet-maker—I have not seen him since he has been in the police force—I told Mr. Liney what I have stated now—he asked my sister to come—she did come on Tuesday—I do not know why she has not come to-day.
COURT. Q. You have subpoenaed the witnesses to come here, have you not A. I have done all I could—I have known the prisoner about two years by seeing him pass—he is not exactly a friend—I only know him to be a steady young man—he does not pay me for this—he is a tailor, working at his trade: that is all I know—I never had any acquaintance with him—I have spoken to him, it is true—he is a mere speaking acquaintance.
GUILTY . Aged 22.— Confined Two Years.
MR. WOOLLETT conducted the Prosecution.
MARGARET JACKS RAMSAY . I am the wife of John Ramsay, a policeman. We live at 13, Upper Dorchester-place, Bland ford-square—the deceased was my husband's daughter by a former wife—she was seven years old the 3rd of this month—on 18th Feb., about eight o'clock in the morning, my husband and I retired to our room, and in consequence of being disturbed by the children he sent this litte girl up to Mrs. Ewin's room—in about five minutes her brother carried her down-stairs, and brought her in—she was quite insensible, and could move neither hand nor foot—my husband laid her on the bed for half an hour, and seeing her getting worse he went for the doctor—he ordered her to be taken to the Dispensary—she remained there two days, and I stopped with her till she died at three on Friday morning—I had never given her any spirits, and
she had not been in the habit of taking any—up to this period she was in very good health.
Cross-examined by MR. RIBTION. Q. Was your husband in the habit of sending her up to Mrs. Ewin's room? A. Never but once before—Mrs. Ewin's never behaved unrespectful to the child—she was not particularly fond of the child, or the child of her—she never gave her spirits before, to my knowledge.
JOHN RAMSAY , Jun. On 18th Feb., about ten minutes past eight o'clock in the morning, my father sent me up-stairs to fetch my little sister—I found her lying at the back of the door insensible, and the prisoner in bed—I saw a bottle, the size of a black beer bottle, on the second shelf in the cupboard—I do not think it was low enough for my sister to reach—there was a chair which she could have got on—I brought her downstairs, and laid her on the floor in our room—I do not know in what state the prisoner was—she did not speak to me, nor I to her.
Cross-examined. Q. Did you see her at all? A. She was in bed under the clothes—I had never been up before, and I never saw my sister go up.
ROBERT JACKSON (police-inspector.) On 20th Feb., the prisoner was brought to the station by sergeant Bushell—she was drunk—she had her faculties as far as speech went, but could not walk—Ramsay, the father of the child, was there—the prisoner was charged by Bushell with being drank and knocking at the door of No. 14, Broaden-terrace—Ramsay then stated that she had given his child some gin, and that the child was then lying in the Dispensary—I locked the prisoner up on the charge of drunkenness, and sent Bushell to the Dispensary—he brought back a certificate from Dr. Burt—I had the prisoner brought out, and read the charge to her—it was entered, administering gin to a child seven years of age then lying ill at the Dispensary—the prisoner said it was not her fault, it was mine; but I only gave her three-quarters of a wine glass of gin—Bushell said, "The doctor tells me it was more than half-a-pint"—she said, "No, it was not more than half-a-quartern; I am very sorry for it"—I had previously cautioned her—she said this quite voluntarily—she made the same statement at the police-court—she had drunk a very great deal, and was then labouring under the effects of it—(the prisoner's statement before the Magistrate was read, as follow:—"I am very sorry; I had been taking some gin myself, or I should not have given it to the child; it was not the first time that I gave it the same; I do not believe it was the cause of the child's death.")
JOSEPH HOLMES BUXTON . I am a member of the College of Surgeons, and house-surgeon at the Western General Dispensary. The deceased was brought there on Wednesday morning, between eleven and twelve o'clock—I was absent, but saw her a short time afterwards—she was quite insensible, quite collapsed—there was no pulse—the action of the heart could not be felt—there seemed scarcely any sign of animation at all—the pupils of the eyes were quite dilated and insensible to light—she had the stomach-pump applied, and the fluid had a very strong smell of gin—it was opaque, about a pint in quantity—I attended her during the remainder of her life—she remained insensible the whole time—reaction came on so intensely, that I was obliged to open the jugular vein to relieve it—inflammation of the brain came on, and I shaved the bead, and applied a blister, but she died on Friday morning at three o'clock—I have no doubt an overdose of gin was the cause of death—it produced
inflammation of the brain and stomach—after death, we opened the body, and found inflammation of the membranes of the brain and stomach.
Cross-examined. Q. You say reaction came on? A. Very intensely; it always takes place after narcodism—we did everything necessary to prevent reaction—we administered no stimulants except a strong decoction of coffee to rally the nervous system—that was before the reaction set in—the coffee could not possibly have caused the reaction—what had been taken produced inflammation of the stomach, and that, by sympathy, produced inflammation of the brain—the coffee would rather tend to diminish it.
CHEWTOPHKB PAUL . I am a surgeon at the Western General Dispensary. I saw the child immediately it was brought, and perceived it was labouring under the effects of some narcotic poison—I used the stomach-pump, and pumped in about half a pint of warm water—I then drew from the stomach an opaque fluid, which smelt strongly of gin—I then pumped in a strong decoction of coffee, and used friction to the surface—the child was then collapsed and cold—after she was in the bath, she rallied slightly; reaction came on afterwards, and she died from inflammation of the coats of the stomach and membranes of the brain—gin having been administered was the cause of death.
Cross-examined. Q. What time was she brought? A. About ten o'clock, or a little before—if the stomach-pump had been used an hour before she was brought to us, the child would have been living now—she died not from the gin that was found in the stomach, but from the gin that was absorbed—I cannot speak as to the quantity of gin.
GUILTY.—Recommended to mercy. — Confined One Week.
GUILTY .— Transported for Ten Years.
WILLIAM KNIGHT . I am schoolmaster at a ragged-school, to which the prisoner came for about seven months. On Friday, 21st Feb., I went to bed about eleven o'clock, and locked up the house securely—I was aroused at a few minutes after four, and found a pane of glass taken out of the kitchen window, which was pushed up, so that a person could get in—a box in one of the rooms, which had been locked, had been opened, and some wearing-apparel taken out—I missed a pair of trowsers, which I had seen a month before, and a pair of boots, which I bad seen outside the box the morning before.
—HAINKS (policeman, A 420.) I took the prisoner on 24tb Fab. in the Standard Theatre—he had on these trowsers and boots (produced.)
GUILTY . Aged 15.— Confined Two Years.
in this country about two months and a half. On 12th Feb., between one and two o'clock in the night, I saw the prisoners in Bow-street—I went into a coffee-shop, and they followed me, without my telling them—they took some refreshment with me—I put my cloak in the corner next to me—I left it there to go and light a cigar; when I returned it was gone, and the prisoners also—I was sober.
HENRY SAMPSON . I keep a coffee-shop. I remember Mr. Faure and the prisoners coming—he left them to light a cigar—I saw them leave—Lynch had something thrown over her arm loosely—in about ten minutes he complained to me, and I told him.
Lynch. Q. Why did not you stop me? A. I did not knew he had lost a cloak, or had one.
ALLAN PHILLIPS (poiiceman, F 48.) I took Lynch in Bow-street, on this morning, about five o'clock, a few yards from the house, which is next door to the station—I found no cloak—I told her the charge; she denied it—I saw Beaumont at the station; the told me voluntarily that Lynch took the cloak, and told her to come with her to St. Giles's, and they went to Great Earl-street, and Lynch took the cloak Into No. 12, a lodging-house, and came out without it—I went to that house and searched it—Lynch lodged there, and thirty or forty other people—I did not find it.
LYNCH— GUILTY . Aged 40.
BEAUMONT— GUILTY . Aged 21.
Confined Twelve Months.
GUILTY . Aged 29.— Confined One Month.
JAMES BINJAMIN DUNN . I am clerk to Fox, Henderson, and Co., contractors, of Spring-gardens—they were under a contract, six or seven years ago, to narrow the gauge of the Eastern Counties Railway, in April last the prisoner called at our office in Spring-gardens, and stated that she was in want of 2l. to complete a purchase, and referred to a similar kindness she had received from us on a former occasion—she said she should return it by instalments—I said I would write to Mr. Header. son at Birmingham—I did so—he gave me his content, and I authorised the cashier to lend the prisoner 2l.
Cross-examined by MR. PARRT. Q. Are you sure the is the person? A. Quite—I remember her having a sum of money on a previous occasion—my attention was not called to the matter again till last Tuesday—she represented herself to be the widow of Dennis Mack, who was killed in our employ while narrowing the gauge.
ROBERT DAHSIE . I am cashier to Fox, Henderson, and Co. I know the prisoner—I paid her 2l. on 22nd April, by Mr. Dunn's verbal order—she gave me this receipt (produced)—this was a receipt for 2l. to be repaid at 10s. a month; signed "Ann Mack, her mark."
Cross-examined. Q. Did you read that over to her? A. I did, and then she put her mark.
ANN MACK . I am the widow of Dennis Mack, of Stratford, who was killed six years ago, last Sept. in Messrs. Fox and Henderson's service—I did not give the prisoner authority to get money from them in my name, but she knew I had received sums from them several times before—it is not the first she has done.
Cross-examined. Q. You seem to have a very bad feeling against her? A. She had no feeling towards me; I am sure I did not tell her to go for me—I have never threatened to do for her; I have not spoken to her for a year.
GUILTY . **— Confined Twelve Months.
WILLIAM HENRY COX . I am a porter, and live at Peter's-hill, Doctors'. commons. On 2nd March, about six o'clock in the evening, I was in the Whitechapel-road—I felt some one touch my coat—I turned round and saw the prisoner, who had been walking very slowly behind me, walking away; I ran after him, he ran; I called to a policeman to stop him, but he stooped, which knocked off his hat, and he ran away, and threw this handkerchief from his pocket into the street; I saw it picked up—I had not lost sight of it—it is mine.
CHARLES BOUCHER (policeman, H 26.) I was in Great Garden-row, and saw the prisoner running towards me, crying "Stop thief!"—I tried to stop him, but he stooped and got away, and threw away this handkerchief—I picked it, up and took him.
Prisoner's Defence. I picked the handkerchief up; I did not run till be made a grasp at me.
GUILTY .— Confined Twelve Months.
MARY ANN ST. AUBIN . I live at Sun-street, Bishopsgate. Last Aug. twelve months, the prisoner lived with me for a fortnight—I took her in out of charity—I went to bed, and left my clothes hanging at the fire to air—in the morning I missed the prisoner, and the clothes, and two shillings and twopence—I did not see her again till last Wednesday week—I have never seen the things—there was a young man in the house who left at six, when I was asleep—he left the door open.
NOT GUILTY .
759. HENRY GILLMAN , breaking and entering the dwelling-house of Isaac Salaman, and stealing 1 shawl, value 6s.; the goods of Betsy Salaman: and 6 curtains and 2 vases, value 27s.; the goods of Isaac Salaman.
BETSY SALAMAN . I live with my father, Isaac Salaman, a feather-bed maker, in Lamb's Conduit-street. We keep the street-door open in the daytime, but the inner door is kept shut—on Friday morning, the 14th, six curtains, a shawl, and a pair of vases were safe; I missed them on the following Monday—these are them produced—the curtains were wrapped up in the shawl.
Prisoner. Q. Might not they have been gone before Monday? A. Yes; I do not know how the house was opened.
Prisoner. Q. Did you touch them on the Monday? A. Yes; I moved them from one table to another—Mrs. Salamans discovered the loss between seven and eight on Monday, and asked me if I had moved them—I have never seen you in the neighbourhood—the door opens with a key.
Prisoner. Q. Have you not purchased articles of me on many occasions? A. Only once.
(The prisoner in a long defence stated that he purchased the articles of a Jew, in Cutler-street, Houndsditch, between three and four o'clock on Friday afternoon, and took them for sale to Libbis, who had known him before, who gave him into custody.)
WILLIAM M'MATH (City policeman, 77.) I produce a certificate of the prisoner's former conviction—(read—Convicted Nov., 1849, of stealing shawls and dresses—confined one year)—I was present—he is the person.
GUILTY . Aged 26.— Transported for Ten Years.
(There was another indictment against the prisoner.)
RICHARD GUNTON . I am a linendraper, in Lamb's Conduit-street. The prisoner has been my shopwoman nearly twelve months—I have several other young women in the house, engaged in dressmaking, but not in the shop—on Tuesday evening, in consequence of something that had happened, I sent for a constable, and after he came I sent for the prisoner into the room—Mrs. Gunton was there, and I said, "Mrs. Holder, I want an explanation respecting this lace; this lace that you have had on your garments is precisely the same as the one Mrs. Gunton has just made op for herself"—the prisoner said that the milliner who made the gown had procured it for her, and put it on—we then asked who this person was; and she stated the name of the person, but said she was out of town—we then asked her where we could ascertain whether she really was out of town or not; and the statements she made were altogether unsatisfactory to me—I then said, "We should like to look into your boxes"—she made no objection, and we went up-stairs—she unlocked
one of her boxes; turned over a great variety of things, several lengths of ribbon, many hundred yards of thread-lace, and among them were these two pairs of pink gloves—I asked her where she obtained them—she said she had them before she came to my house—I said, "These gloves are my property; I can swear to them; they have a private mark in the inside"—after she had turned over that box, she went to another, unlocked that, and in it was found a piece of diaper, which has my own private cost price on it, and which I also said I could swear to—she said she possessed it before she came to live with me—I found several other things that I have no doubt are my property, but which I cannot swear to—I gave her into custody—she began to cry, and begged me not to do so—I said I had a duty to perform to the public, myself, and the other young people in the house, and I felt it my duty to do it.
Cross-examined by MR. PARRY. Q. What is the value of these articles? A. 5s. 6d.; this is the only charge I have made against her—I have not charged her with the lace, because it had not my mark on it—there was more than 200 yards of it in her box—I do not remember whether I related this conversation about her having the gloves when I was before the Magistrate—I allow my young people to buy things of me, and they are carried on to their quarterly accounts—the prisoner has been in the habit of purchasing of me—I do not believe she has paid for these articles—the young people do not enter their purchases themselves—it is a rule of my establishment that no person living there shall obtain goods but from Mr. Jones and my brother—they are not here—they do not make the entries—the person that sells the goods never makes the entry—myself, my brother, and Mr. Jones, take cash—the prisoner left my service for a short time, and returned again.
WILLIAM SMITH (policeman.) On Tuesday evening I was sent for by Mrs. Gunton, and searched the prisoner's boxes—I found two pairs of gloves and a piece of diaper (produced)—the prisoner begged of her master to forgive her, and she would confess all on her knees.
Cross-examined. Q. Was not she very much agitated, and begged her master not to give her into custody? A. She did, and also to forgive her; Mrs. Gunton was there—I did not hear Mrs. Gunton say anything about confessing—I do not recollect the exact words the prisoner used—I did not hear her say if she bad done wrong she would confess it.
RICHARD GUNTON re-examined. Here are two letters inside these gloves in my brother's writing, and the private cost mark on the diaper in pencil I put on when I bought it—the selling price has been rubbed off—the cost price is in character—it was much plainer at first than it is now—these are not common marks—other persons use such marks.
(The prisoner received a good character.)
NOT GUILTY .
NEW COURT.—Friday, March 7th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. SALOMANS.
Before Mr. Recorder and the Fifth Jury.
GUILTY .—(she received a good character, and a witness, engaged to take her into her service.)— Confined, Seven Days.
EDWARD GRIFFITHS . I am a coachsmith, of Hammersmith; I lodged in the prisoner's father's house. On 27th Dec, about a quarter to six in the morning, I missed my watch, which I had hung up over the looking-glass the night before—nobody else slept in the room—the prisoner used to do so, but he did not that night—his bed was not used—the door was not locked, and be was not there when I awoke—I also missed my two coats off a chair—I did not see the prisoner till 15th Feb. in custody.
RIUBEN HARTLEY . I live at Hammersmith. On Sunday, 9th. Feb., I was in Hyde-park, and saw the prisoner sitting on a tree—I passed him at first without recoguising him—I knew him before, a little—I joined three other boys, and then passed the prisoner again—he said, "Halloo, Mike!"—(that is not my nick-name)—I said, "I don't know you"—he said "What, don't you know Ankins?"—I said, "Yea, but you are not Ankins"—he said, "Yes"—I asked him what be was doing there—he asked me if I had not heard that he had robbed his old man (meaning his father)—I asked him what he took—he said be had a coat and a watch, and he had sold the watch for 1s.—he said he had had nothing to eat for two or three days, and we gave him 2d.
Prisoner. I saw you there, but I never spoke a word to you about this.
Witness. I am sure of it.
JERIMIAH FITTJT (policeman, T 194.) I produce a certificate of the prisoner's former conviction for robbing his brother—(read—Convicted, on his own confession, April, 1850, having been before convicted t confined six months)—I was present; he is the person.
GUILTY . Aged 18.— Transported for Seven Years.
MR. COOFER conducted the Prosecution.
HENRY HARRISS . I am a tailor, of 12, Union-place, New-road. On 27th Jan. I returned home between lour and five o'clock, went into my shop, pulled off my great-coat, and put it on a chair close to the counter—it contained a handkerchief, pair of gloves, some shillings, and some keys—I retired into the yard—in about three minutes my wife called to me that I was wanted—I went to the shop, and found the prisoner—I am positive he is the man—he said, "How do you do, Mr. Harriss?" as if he knew me, but I had never seen him before—he said he had some cloth for a coat, waistcoat, and trowers, what would I charge to make them—I said 30s., and he said it was very reasonable, and he would bring the cloth to-morrow as he came from his office—I stood at the cutting-board—his face was quite close to me, and towards the window—the conversation lasted ten minutes—he left, and in about five minutes I missed my coat.
Cross-examined by MR. WOOLLETI. Q. Is yours rather a crowded neighbourhood? A. No, very quiet—he had a top-coat on, but it was
not mine—I am quite sure he is the man—it was just dusk—the lamps were not lighted—I have never been in any difficulty through mistaking the identity of a person—I have never been a witness before.
RACHAEL HARRISS . I am the wife of the last witness. On 27th Jan. he came home, put his coat on a chair, and walked into the back-yard—I saw two persons respectably dressed outside, one of whom I had seen on the Thursday before, who came into the shop when Mr. Harriss was not at home—it was the prisoner—he had come in, and asked for the master, and said he wanted a suit of clothes made—I said he was not at home, and he said he would call again as he came from his dinner, but he did not—that was about two o'clock—on this occasion, the 27th, he came in, and I saw a man outside keeping an eye on him and me—the prisoner said, "Is the master at home?"—I said, "Yes," and waited to see if my husband would come, as I saw a man peeping through the window—he did not come, and I went through a little passage to the back-door to call my husband; he came immediately—the prisoner, who was keeping the door half open, asked him what he would charge to make him a suit of clothes with his own cloth—he said 30s.—the prisoner said it was very reasonable, and he would call to-morrow to be measured—when my husband came in, he was going to shut the door; I said, "Don't shut the door, because there is a gentleman outside, a companion of this gentleman, waiting for him"—my husband looked out to see if he could see him—the prisoner said, "No, he is gone in somewhere to wait for me," but I saw some one going away while my husband was shutting the door—he passed the door as my husband was shutting it—he seemed to have something hanging on his arm, I could not say what—there was time for the prisoner to have given the coat to the other man while I went to call my husband—On the Saturday week following" the prisoner came again, but very differently attired—my husband was not at home.
Cross-examined. Q. Were your depositions read over to you before you signed them? A. No; I swear that—I signed them because I was in haste to go home, having left my infant at home—I had not mentioned about seeing the man outside—the depositions were taken very short—there are no particulars whatever—the Magistrate would not hear half I had to say—he only asked me one question, which was, whether I knew the young man, and why I did not recognise him before—the depositions were taken in the chief-clerk's room, not before the Magistrate—the prisoner had no coat nor hat on at the station—he looked very different, and I could not identify him; I could if I had approached nearer to him; I told the policeman I would not identify him, that was because I did not want the trouble of attending; and I went home and tried to persuade my husband not to, but he would not be persuaded from it, and identified him the moment he saw him—when the prisoner called on the Saturday week after the robbery, he sat down and wrote a scrawl, which he pat in his pocket, and then he wrote another—he was not in the same clothes, but I knew his features.
MR. COOPER. Q. How was he dressed the last time? A. He had a camel-hair jacket, a hat, moustachios, very full large whiskers, and black trowsers, very loose—he did not speak English, but put himself into strange attitudes to make me know what he wanted—I did not know him at the time, but directly he left, it struck me that he was the person who
stole the coat, and I have no doubt he is—he putted down everything on the shelves, but nothing would suit him—I know him by his height, size, features, and nose; he has got a peculiar nose—I will not swear he was the same man; I believe it—he wrote down his address that Mr. Harriss should call on him at four that afternoon, or nine next morning—I said "To-morrow-morning is Sunday," and I understood him then to say, "This afternoon, at four o'clock"—he understood perfectly every word I said—this is the paper he wrote (produced.)
EDWARD TOTTMAN (policeman, A 893.) On Saturday, 22nd Feb., I found the prisoner at the end of St. Martin's-court—I said, "Tow, I want you to go along with me"—(I knew him before)—he said, "What do you want, me for?"—I said, "To take a walk with me"—we walked into Leicester-square, and then took a cab—I told him I wanted him for that coat on his back—we went to the station, and I fetched Mrs. Harris, who identified the coat—the prisoner said be bought it of some skittle sharks in the Rose and Crown skittle-ground, Drury-lane, and gave 2l. 5s. for it.
Cross-examined by MR. WOOLLETT. Q. Were you examined before the Magistrate? A. Yes; the depositions were signed in the clerk's, office—they were read over to me, and to each of the witnesses—I heard Mrs. Harriss's read to her before she signed it—we went oat into another room, and when we returned the prisoner was brought in, and they were read, and then we went in the office and signed them.
COURT. Q. Were all the witnesses present when the depositions were read over? A. I cannot undertake to say whether Mrs. Harris was there, because she was in a way about her child.
Witnesses for the Defence.
THOMAS EDWARD THOMAS . I am no relation of the prisoner. I am clerk to Mr. Nicholls, an accountant, in Bedford-row. On 10th Feb., I was in company with the prisoner at the Rose and Crown public-house, near the burial-ground in Drury-lane, about seven o'clock in the evening—there were several persons in the skittle-ground—a man came in with a coat, which he offered for sale; I saw it in the hands of other parties; I did not take it—it appeared to be a brown over-coat, lined with plaid—(looking at a coat)—this is the description of coat as near as possible I should say it was—the prisoner purchased it, I do not know what he gave for it—money passed, and he took the coat—he tried it on first.
Cross-examined by MR. COOPER. Q. Who brought this coat in? A. A shortish man, rather stout—I had not seen him before to my knowledge—he had nothing else to sell—I do not know where the prisoner was when he brought it—the man did not address himself to any one particularly—he said he had got a good coat to sell—I did not go up to look at it; it was handed to several parties—I do not know whether the prisoner went to it first or last—I believe the man asked 2l. 10s.—I do not know how for Union-place, New-road, is from there—I did not know any of the other persons that were at the Rose and Crown by name—one man is here; I think his name is Aldridge—I have never been in any trouble—I had seen the prisoner at the public-house two or three times before, but never spoke to him—I think it was one day last week that I heard of his being in trouble—a person came to me, in Long-acre, and asked me if I recollected the circumstance—I do not know who that was; I know he was in the
skittle-ground on that occasion—I think I have been at the skittle-ground once since—I might have been part of the time that night, as far from the prisoner as I am now—he must have known I was there.
COURT. Q. You are no acquaintance of the prisoner? A. No; I saw him two or three times at the public-house—I met a person by accident in Long-acre, and he asked me if I recollected the circumstance—I told him, "Yes," and he asked me to give him my address, which I did—I know the man perfectly well by sight—I was in the habit of going to the skittle-ground, but do not know any person who was there that night.
THOMAS ALDRIGE . I am a tailor, of 3, Angel-court; I am in business for myself. I was at the skittle-ground on 10th Feb., between seven and eight o'clock in the evening—there were not a great many persons there—I saw a person with an over-coat to sell, with a plaid lining—he said "Who will buy a coat?" and he held it in his hand—the prisoner was there, and he ultimately purchased it—I saw gold and silver pass; I do not know how much—the coat was dark—it looked to me like a brown coat—it was something like this coat—I did not handle it.
Cross-examined by MR. COOPER. Q. Did you ever take a pint of porter with the prisoner? A. No; I never was in his company to speak to him, only seeing him in that ground three or four different times—I never walked with him anywhere—I heard of his being taken up for this coat two days afterwards—a friend of mine came and asked me if I recollected a coat being sold in the skittle-ground—he is not here—his name it Thomas Jones—he is a tailor—he is at Gravesend now—I do not know what he is doing; perhaps following his business—he came to my place, and was in the skittle-ground at the time—he was the only man that was in my company—he came to see me that night, to smoke a pipe, and we went to the skittle-ground—I went to the skittle-ground next day—I did not bear any talk about the coat there—I was not in any one's company—I never heard it mentioned—I do not know whether I am known to the landlord—I went there the day after, to have half a pint of beer—I have been there once since, but the skittle-alley was shut up—I do not know any other man who was there that night but the last witness—I do not know his name—I had seen him once or twice there—I have not spoken to him here to-day—I do not know how Jones came to know that the prisoner was in trouble.
MR. WOOLLETT. Q. Did you know the last witness before to-day? A. I did not; while he was examined I was standing out on the steps—Jones came to me where I live—he is an acquaintance of mine—he went to Gravesend the day afterwards—that is where he lives—he came to me on Sunday, the 9th—he stopped with me all night, and two or three days—he came up from Gravesend to see me, and went back on the Sunday afterwards—he did not come up to tell me the prisoner was in trouble—he stopped in town two or three days—he lives in Peppercross-street, Gravesend—I do not know George Tregrove, of 20, Bedfordbury—no one told me to come here this day, but I came to see the young man—I came to volunteer my testimony, merely because I heard that he was in trouble—I said it was a very shameful thing, for I saw the young man buy the coat—I was told that this was the young man I saw in the skittle-ground.
Q. Thomas Jones told you on Sunday that the young man was in
trouble, but how did you know that Thomas William Thomas's trial was coming on to-day? A. Because I looked down-stairs and saw his name—I did not know it till to-day, but I was told that the trial was coming on—I heard it; I do not know who told me.
The prisoner's statement before the Magistrate was here read as follows:—"I bought the coat of a person of the name of George Tregrove, who lives at 20, Bedfordbury; I went into the Rose and Crown on the 10th of this month, and went into the skittle-ground and saw the man Tregrove; he had the coat is his hand; he said, 'This coat is cheap at 2l., who will buy it?' there were two or three more persons there; they looked at the coat; I looked at the coat myself, and offered him 28s. for it; be hemmed and hawed a little time and said,' You shall have it for 28s.; 'I paid him 28s. and put the coat on."
Prisoner. I told the policeman who I bought it of, and likewise the person that that person bought it of.
EDWARD TOTTMAN re-examined. He said before the Magistrate that be bought it of George Tregrove, who lived at 20, Bedfordbury, but he told me before that he bought it of some skittle sharks, and he did not know who they were—I went to 20, Bedfordbury, and found George Tregrove there.
GUILTY . * Aged 25.— Transported for Ten Years.
FREDERICK ROUNDTREE . I keep tot Crown and Sceptre, Woolmore-street, Poplar—the prisoner was my housemaid thirteen days. On 19th Feb. I heard a conversation between my wife and the prisoner—I heard Mrs. Roundtree ask her what she was doing at the brandy—she said, "I thought I was drawing rum"—Mrs. Roundtree said, "Whatever it is, you save no business to be in the bar drawing anything"—I came down and took this bottle from her—she said, "I thought the servants in public-houses had a right to have what they liked to drink"—this bottle of brandy is mine.
Cross-examined by MR. THOMPSON. Q. What is your name? A. Frederick Alexander Roundtree; that is the name over the door, and the name the license is granted in—no, I do not think "Alexander" is over the door; the name over the door, in small letters, is Frederick Roundtree—that was done by my direction—I generally sign my name Frederick Roundtree—Mrs. Roundtree was not before the Magistrate—this corkscrew is mine; it was given me by a gentleman named Smith—I had seen it two or three days before—I had a potman in my service and a nurse—I am certain the prisoner said to my wife that she thought she was drawing rum—I made that statement before.
nothing—she went up-stairs to put on her bonnet and shawl—she came down and begged me to allow her to go backwards, which I did—I saw her go into the water-closet—I took her to the station, went back, and searched the water-closet—I found this cork-screw, tooth-pick, pair of bracelets, this reel from a work-box, a piece of lump-sugar, a nutmeg; and several little things on the top of the soil.
MR. ROUNDTREE re-examined. These gloves I brought home from China—they were kept in one of my wife's drawers; some of them were missing—this needle-case belongs to Mrs. Roundtree's Chinese work-box which I brought home—I have seen these things every day; I bought these bracelets for my children.
JAMES WHARF (policeman, K 57.) On my return back to Mr. Roundtree's, after taking the prisoner to the station, I searched the prisoner's box, and found this scarf and veil, and other things, which Mrs. Riddall identified.
Cross-examined. Q. Where did you find these? A. In a bonnet-box in the prisoner's bedroom—I took them to Mrs. Riddall's directly.
CHARLOTTE RIDDALL . I am the wife of Charles James Riddall—the prisoner lived with me seven months—this scarf is mine—I marked it—I was not aware it was gone till it was brought to me by the officer—I have Dot worn it lately, because I have been in mourning—I did not give it to her.
Cross-examined. Q. Did you ever give her anything? A. Yes, two or three gowns, and other things—I examined the things I gave her—this scarf has always been in my drawer—it did not want washing when my aunt died—I cannot tell the last time I wore it—I did not give her some things belonging to my aunt, and amongst them this scarf, which was very yellow and dirty—it was clean, and has been lying in my drawer some time—it is about nine months since she was in my service—my aunt died in Nov., 1849—this was washed and put away longer than that—I should say I saw it in my drawer while the prisoner was in my service—there was no one who wore this occasionally besides myself—this cape is mine; I know it by the pattern—it has been lying by a long time.
COURT. Q. Did you ever give her any of these things? A. No; my mother gave her some things belonging to my aunt which were sent from Deptford, but they were not kept in the same place as mine—this scarf never belonged to my aunt.
GUILTY . Aged 29.— Confined Six Months.
(There was another indictment against the prisoner.)
THIRD COURT.—Friday, March 7th, 1851,
PRESENT—MR. Ald. WILLIAM HUNTER; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY .— Confined Six Months.
WILLIAM TAYLOR (policeman, G 84.) On 3rd March, about half-past two o'clock in the morning, I saw a row at the end of a court in Gray's-inn-lane, and saw the prosecutor there—I did not know him before—at the police-court, in the prisoner's presence, he gave his name as Frederick Sullivan—I saw both the prisoners together in the row, and saw Andrews take a handkerchief from Sullivan's pocket, and pass it to Walters—they went away together—I followed, and took them both—I saw Walters throw the handkerchief out of his pocket to the ground—this is it (produced)—I taw it in his hand before he threw it down, and had a good sight of it.
CHARLES HATTON (policeman, G 203.) I saw the row, saw Andrews take the handkerchief from Sullivan's pocket, and walk away with Walters about twenty yards, when I took him, and Taylor took Walters—I saw Jones pick up the handkerchief.
CHARLES JONES . I live at King's-cross, I saw Andrews take the handkerchief, pass it to Walters, and they went away together as for as Tash-street, where Taylor took Walters—he threw down this handkerchief, and I picked it up with a glove.
Andrews's Defence. I did not steal it; I had a better one in my pocket; the prosecutor was drunk, and having a row.
Walters's Defence. We were all drinking together; I know nothing of the handkerchief.
(The prosecutor did not appear,)
ANDREWS— GUILTY . * Aged 20.
WALTERS— GUILTY . * Aged 20.
Confined Twelve Months.
(There was another indictment against the prisoners.)
MESSRS. PARRY and ROSINSOSI conducted the Prosecution.
BENJAMIN STRACHAN . I am in partnership with my brother Archibald, at 51, Albany-street. We are butchers—the prisoner was in our service—On 1st March, I sent him to Mr. Day's, 11, Sussex-square, with five pounds of rump-steak—he returned and said he had left them, and they were to be charged for another time, because they were too late far that day's use—I have not seen the steaks since.
Cross-examined by MR. RIBTON. Q. What time was it? A. A little after two o'clock—he came into the kitchen by the area, and brought the tray in with him—I left the situation en the Monday after—my leaving had nothing to do with the steak.
JAMES MASON (policeman, S 168.) The prisoner was given into my custody for stealing steaks, and embezzling money—he said to his master, "I have done wrong; do pray forgive me this time; I will work for you for nothing until I have made it up"—he then went on his knees, put his hands up, and said, "Do, pray, forgive me this time."
GUILTY . Aged 21.— Confined Three Months.
Before a Jury composed of half Foreigners and half English.
(The prosecutor did not appear.)
ELLEN SCOTT . I am the wife of David Scott, who keeps a lodging-house in Grace's-alley. On 2nd Feb. the prisoner, prosecutor, and two other foreigners came and lodged at our house—the prisoner had no trunk, but the other three had—I have heard the prosecutor called by the name of Jacintho Nunez De Costa, and he has answered—he lodged a fortnight with me—I only knew him for that time—on the Tuesday after they came, the prosecutor made a complaint to me, and on the Friday after, my sister showed me this box (produced), and I observed a dent in it where it had been pressed open by a knife—I had never seen it before—I heard De Costa tell the prisoner that he had taken his box and money, and I asked the prisoner to lend me his knife, and asked him and the prosecutor to go up-stairs with me—he lent me this knife (produced)—we went up, and when we got up to the room-door, the prisoner said, "It is no use beginning about the money again, because it is all settled," and he said that De Costa had said, "Never mind it," he should not get it back again—I said to the prisoner, "How did you know what I was going to say to you?"—he said he knew very well; and I said, "Then you took it"—I went for a policeman—I saw the knife compared with the dent in the box—I think it had beep opened with that knife—De Costa said it was his box, and the prisoner said he saw him put the money into it on Sunday, and put it into the chest.
Prisoner (through an interpreter.) The box is the prosecutor's, but I know nothing of the money.
HANNAH LUKEN . I am the last witness's sister, and live with her. On the Sunday before I was before the Magistrate I saw the prisoner in the room where the boxes are kept—I told him he had no business there, told him to leave, and he did—on the Monday after, he came and asked me for his money, as he wanted to go away, as he had got a ship to go to Liverpool in—he had left 28s. with me—I told him he could not go on the coast without a register-ticket—I saw him again in the room that day, and he had got De Costa's chest out—on the Tuesday De Costa came and said he had lost two sovereigns—I told him there was no one in the house but his shipmates, and it must be among themselves—me, my sister, the prisoner,
prosecutor, and another foreigner went to the room, and the prosecutor turned his chest out, and said he had lost a little box—I told him the prisoner was at his chest on Monday, and the prisoner said, "You are a d-d liar!"—my sister said if any money was lost, it was best to have a policeman and search—the prisoner was interpreting what was said to the prosecutor, and the prisoner said he had told De Costa, and he said, "Never mind"—he had spoken to him in a language I did not understand—the policeman and the Portuguese Consul came on the Wednesday, but no one searched—I was examined before the Magistrate, and signed a paper, but I do not think this is it—(the deposition,—part of this being read stated.)—"The policeman came next day and made me search")—we asked the policeman to go up-stairs and search, but I did not—the prosecutor's chest had been forced open—on the Friday, when I was making a bed in the room where the boxes were, in which an Italian mate had slept, but which had only been made up the night before, I found this box under the palliasse—the box was not there the day before—I told my sister; and the prisoner, prosecutor, my sister and me, all went to the room together—I saw my sister try the knife to the dent in the box, and it just fitted it—my sister went for a policeman, and while she was gone the prisoner told me if I sent him to prison he would stab me when he came out, and asked me to give him the box, which I would not do.
THOMAS BARNES . (policeman, H. 88.) The prosecutor gave the prisoner into my charge, and I told him he was charged with stealing two sovereigns and this box—he said he did not take it—I asked whether the knife belonged to him; he said it did—I asked whether he had lent it to any person; he said no, not before he lent it to Mrs. Scott that morning—I asked whether he had been in the room where the chests were; he said he had, but had nothing to do with the box or chest.
ELLEN SCOTT . re-examined. I had never seen the box before—I do not know that there were two sovereigns in it—the prosecutor said so, and the prisoner said he knew they were there on the Sunday, he saw the prosecutor put them in.
NOT GUILTY .
JOHN HOUSTON . I am an apprentice to the William Lotsford. lying in the West India Dock. On 15th Feb. I was away from the ship, and when I returned I missed a waistcoat, a pair of trowsers, and a knife, from my chest—I had seen them safe an hour before—this is the knife (produced.)—it is mine—I never saw the prisoner before—he had no business on the ship.
Prisoner. It is my knife. Witness. It is mine—I swear to it by a little piece broken off the large blade—I have had it two years.
MARK ANTONY LIDDLE . I am a constable of the East and West India Dock Company. The prisoner was given into my charge on the 19th, on another charge—I found two knives and a key in his trowsers-pocket, and another key in the waistband of his trowsers—it fell down his leg on unbuttoning his trowsers—I find that one will open the cabins of several ships; it is a master key.
Prisoner. Q. Had I done anything wrong? A. You were given into
custody for being on board a ship, with a felonious intent, and in the morning it was discovered the ship was broken open—there was no complaint made at the time; there was no one on board—the steward attended before the Magistrate next day, and prosecuted that case.
Prisoner's Defence. The keys belong to my own chest; I was ashore on this night.
GUILTY . Aged 21.— Confined Three Months.
OLD COURT.—Saturday, March 8th, 1851.
PRESENT—Mr. Ald. FAREBROTUIR;. Sir CHAPMAN MARSHALL. Knt., Ald.; Mr. RECORDER. and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Third Jury.
WILLIAM BISHOP . I am one of the clerks at Marlborough-street Police-court. I produce an information which was exhibited at the police-court on 6th Feb.—that information was laid by the defendant, before Mr. Bingham—it is a complaint that the Earl of Stamford and Warrington was the father of a bastard child, of which she had been delivered—she signed it—it is dated 6th Feb., 1851—I have no doubt it was read over to her; that is the practice—it was not taken by me.
Cross-examined by MR. COOPER. Q. Then you were not there that day? A. I was there—I heard her make the complaint, and she was then taken into the other office.
MR. PARNELL. Q. Has it Mr. Bingham's signature? A. Yes; I cannot say that I saw her sign it—the Earl of Stamford did not appear on 18th Feb.—he appeared by Counsel—the prisoner appeared, and the information was heard—this is the book in which all bastardy informations are entered.
Cross-examined. Q. Can you state, before it was signed, whether it was lead over to her or not? A. It was read over—I watched particularly to see that the reading of it was correct; to see that the names were correctly put—it was signed in the back-room—the complaint was first made before Mr. Bingham, and adjourned into the adjoining room, for the clerk to take the depositions—(The information was put in and read.)
WILLIAM BISHOP . (continued.) On 18th Feb. the defendant appeared, and was sworn—I have the depositions which she made upon that information in Mr. Bingham's presence—I heard the oath administered—(reads.—"Mary Ann Parkes saith: I am a single woman, turned twenty-six years of age. On 28th Nov. last, I was delivered of a male bastard child at Wolverhampton, of which the defendant is the father; the connection took place between the village of Enville and the Hall—I have known the defendant twenty-one years—my father lives two miles from the Hall, at the Hyde—I had been out collecting money for my father—I saw his lordship go by with Mr. Jessons, the minister—I did not speak to him then—when he came back he was by himself—as I was looking out for my father's man, I saw his lordship—lie asked me where I was going,
and which way I was going home (that was the 28th Feb. 1850), I said I was going into the Cat and Partridge—I went to the bar-door, and told Jane Lewis that I was going up by the Hall—I went back, and overtook hit lordship between the Cat and Partridge and the Swan—he asked me if I was going up that way—I told him that I would go that way home, k was my way home—we walked together, and his lordship began rough and very improper with me—we went between the Hall and the village, it was not far from the Hall—it was between nine and ten in the evening—after his lordship had begun to put his arm round me, he nearly threw me down; and he told me if anything should occur, he would provide for me and the child—he then had connection with me in the field—he said I was to meet him one of the nights in the next week, in the Rookery—I went there, but did not meet his lordship—I had often met him before—I several times saw him at my father's house when a boy, and once in the last year and a-half in the country—I never in the course of my life lad connection with any other person but his lordship.")—Jane Lewis was then examined; and after that the defendant was cross-examined, as follows:—("I know a man named Sheridan—he has been married; has ken single about eleven months, his wife was my second cousin—in Nov. I went to lodge at Mrs. Hill's—I went by the name of Sheridan there—I remember Lewis coming to me in Goodge-street—I was going in my own name then—Maria Ball persuaded me to go by the name of Sheridan—I applied to Mrs. Hill for lodgings for myself and another, and a person to nurse me—I took it as Mrs. Sheridan; I went out that night and returned about nine with Lewis—Mrs. Hill remonstrated with me for bringing a man—I said it was my husband; I knew he was coming—he passed as Mr. Sheridan—he was not drunk—Mrs. Hill did not come upstairs and find Sheridan and me in bed together—Miss Lewis asked if I could be accommodated with a little coal if anything happened—it was a double bed-room—several gentlemen came while I was confined, amongst them Sheridan—I am quite sure of the day of the birth of my child, it was nearly a week after I was at Hill's—Sheridan did not sleep with me the Saturday, Sunday, or Monday—the Wednesday after Johnson, my brother-in-law, came and saw me—he asked me if I'd had that fellow there—I told Mrs. Hill, Sheridan was my husband—my brother said, 'Now,. Mary Ann, what do you think of yourself, and the fellows of this town'—Mrs. Hill came and said she had been told I was not a married woman—I said, 'Oh, yes, I am'—she did not say 'If you are married, where were you married?"—I did not say at Shrewsbury—she did not say she was a native, and which of the two Churches was it—I told her the marriage-lines were in Sheridan's pocket—I did not say to her the coat was in pledge, I said so to Lewis; that was a story—Sheridan did not come that night, nor in my bedroom, and undress himself partly—after my confinement I used to sit in the kitchen—she (Mrs. Hill) did not say, 'You will think it very hard of my not letting your husband come, if I was married'—I never told Mrs. Hill I went from my father's house to get married to Sheridan, and had spent about 40l., and pawned all my clothes, and that I had been with Sheridan nine months—Sheridan was in the house the night I was confined—Mrs. Hill took the child down for him to see—I never said to her the child was Sheridan's—I was out not more than one night; I sat up all night at Mrs. Waters's—Sheridan was not with me—I vas not out three nights—I told Mrs. Hill I had been sitting up at Mrs.
Waters's—I said nothing about Sheridan—Mrs. W. Rogers and Lewis paid the midwife; I gave Jane Lewis 3. myself—I recollect being here for the summons—we did not go to Goodge-street, and inquire for a coffee-house, or to Tottenham Court-road; we went to the Mews—I saw Sheridan that day at a coffee-shop, opposite where I am staying—Lewis was with me—I have not seen Sheridan since—on 26th Jan., about seven in the evening, I was in Goodge-street, in company with Sheridan, my child, and another—I applied to a milkman to know where I could get lodgings—I went to Matthews's; had two rooms, one was for Lewis, the other for me and my baby, nobody else—Sheridan had a bed to himself with the little boy in another room—on 31st Jan. I went to fetch Lewis, and returned with her next day—we staid there till the day before we applied for the summons—Sheridan did not say it would not do for him to stay with me after the summons was taken out—I and Sheridan did not sleep together at Matthews's, or the other house; he did not send me for Lewis—I saw Sheridan most days from the time of my coming to town, till taking out the summons—after I left my father's, I went to my uncle's—Sheridan did not stay with me—in Wolverhampton I represented Sheridan as my husband—I never employed him to write for me; I can write—the paper now shown me is Sheridan's writing, he wrote it of his own account—the three papers now shown me are my writing."—Reexamined: "I never had any connection with Sheridan—I left my father's in Sept. because I was pregnant, to hide my shame—I took with me 40l., my savings—Sheridan did not go with me, I met with him down at Liverpool—I went by the name of Sheridan at Wolverhampton, because I did not want my father to know but what I was married.")—Jane Lewis was examined as a witness for her—witnesses were examined on the part of the then defendant, and the summons was dismissed, and Parkers and Lewis were charged with perjury.
Cross-examined. Q. Lewis, I suppose, came as the witness of corroboration? A. Yes; two witnesses were examined for the Earl, Elizabeth Hill and Sarah Matthews.
CHRISTIAN JEAN GENE . I am a German. I was butler to the Earl of Stamford, at Enville. I left the service in June, 1850—I was acting as butler, at Enville, in Feb., 1850—in the course of my duty I kept a book, called the cellar-book, which contained an account of the wine consumed—this is the book (produced.—here is an entry, on 28th Feb., 1850.)
MR. COOPER. Q. When did you make that entry? A. Exactly on the 28th—I am sure of that—I always used to make the entries every night—I never knew myself to make an omission, because I used to put the wine down with it.
MR. PARRY. Q. Is there any entry there relating to Mr. Richmond? A. Yes; "Mr. Richmond came to Enville on 28th Feb."—I made that entry at that time—I always used to make entries of the visitors when they came and when they left—there is a visitors' column in the book, where I used to put the names—these entries recall the facts to my mind perfectly—the Earl did not leave Enville in Feb.—the Earl and Countess returned from the Continent on 16th Dec, 1849, and came to Enville on 12th Jan.—I received this book on 13th or 14th Jan., and then began to make entries—on 22nd Feb. the Earl left Enville, with the Countess, for London—they returned on the 25th—on the 26th Mr. Thornton and his
son came to Enville, and Mr. Richmond came on the 28th—on 2nd March they left—the book enables me to say this, and I recollect it perfectly well—a Mr. Forbes came on 2nd March, the day the other gentlemen left—I recollect his lordship dining at Enville on 28th Feb.—his lordship waited dinner till eight o'clock, for Mr. Richmond—I believe his lordship came in about six; he generally did—I cannot say positively what time he came in that day—I certainly saw him before eight, because he expected Mr. Richmond sooner—the dinner-hour was generally from half-past seven to eight—he dressed for dinner—I saw him, I may say, an hour before dinner, in the house, passing through the hall—he waited till eight for Mr. Richmond, and then ordered dinner—Mr. Richmond came about half-past eight—he did not see the earl when he came—he dined in the breakfast-room, by himself—the other dinner was partly over—about a quarter after nine the earl went into the breakfast-room, to Mr. Richmond—I did not see him go—I saw the earl and Mr. Richmond together about half-past nine, in the drawing-room, when I served the coffee—the breakfast and drawing-rooms are on one floor—I am quite sure about seeing them in the drawing-room—they were together till very late that evening, till half-past eleven or near twelve—from the time I saw the earl in the hall, about an hour before dinner till half-past eleven, I am quite sure he did not go out—when his business with Mr. Richmond was over, he retired up-stairs.
Cross-examined. Q. You speak of these hours very accurately; I suppose you did not look at the clock more on this night than any other? A. No, but I can pretty well guess—it was near eight o'clock when hit lordship sat down to dinner—I went in with coffee about half-past nine—I cannot recollect whether I went in afterwards, but I generally was the last up, to see the drawing-room cleared—the last time I entered the room was with the coffee—I did not look at the clock, to see the time-ray attention was first called to these facts when I was told I was to come as a witness, about a week ago—I cannot tell you where his lordship was half an hour before dinner on the night before this, or two nights before—I know he used to come regularly in about six o'clock—I speak from his usual habits—I can tell by the book how many gentlemen his lordship had to dinner four days before this—I do sot think there was any one, but I cannot be positive without the book—when his lordship comes to his residence, there is a flag raised, to show it—it is well known at Enville when he is there—the flag is raised the moment he comes—the breakfast-parlour has not glass-doors reaching to the ground—it is a wooden door—the windows are small square windows; they open about twelve feet from the ground—inside it is less—the windows in the drawing-room are the same, not quite so high—there are no steps, leading up—there are three doors opening from the house into the grounds, and there is a fourth door, which leads into the back-yard—I always see that door locked as soon as it is dusk—the key is left in the front-door—the other doors are locked with the same key, and that is left in the pantry—I had lived about eight months with his lordship—I never knew him go out after dinner, except for two minutes, to look at the weather.
(produced.)—I generally made the entries on the days to which the entries refer; but in the case of Mr. Richmond coming, it was made on the following morning, as I had left the office previous to his coming—I can tell by looking at my book when Mr. Richmond arrived at Enville—it was on 28th Feb.—I acted as clerk in the agency-office, which was in the ball—Mr. Richmond had been agent to his lordship for a good many years, at Ashton-under-Lyne, where his lordship has a large property, bat not at Enville before this—he was sent for on particular business—I found him there on the morning of 1st March, when I came there, and then I made the entry in the book—I had left the hall on the 28th, at six o'clock in the evening—the earl was at home at that time; I did not see him—I cannot say how recently before I had seen him—I did not see Mr. Jesson there that day.
COURT. Q. I observe this book is not a journal; there are not entries every day? A. No, I note down the particular things that I may have occasion to refer to—I am quite sure I made this entry on the next day.
LEGH RICHMOND . I was agent to the Earl of Stamford in Feb. last year. I remember going to Enville Hall on 28th Feb.—I arrived there as near as possible about seven o'clock in the evening—I saw the earl when I arrived—I did not dine with him—I arrived just as he was going to dinner—I know that it was just about seven, because I had posted over from Birmingham, and I arrived at Birmingham about five—Enville is nineteen miles from Birmingham—the earl was dressed, ready for dinner, when I arrived—I dined in the breakfast-room—after I had dined, the Earl came to me—it was then between nine and half-past—he remained in my company till past eleven—we had some business matters to transact, and he did not leave the room after he came in, until be went up to bed. COURT. Q. Which room? A. The breakfast-room.
Cross-examined. Q. How came you to know that this was on 28th Feb? A. I know it in this way, that I came from Bedfordshire, where I had been attending a relative who was ill—I could not have stated positively that it was the 28th, though I know it was towards the end of the week, until I had looked at the books which were kept by the butler and the steward—it is from looking at those books that I am led to the conclusion that it was the 28th—I could not swear positively from my own recollection that it was the 28th, though I know it was towards the end of that week.
COURT. Q. Do I understand you that it was in consequence of Lord Stamford being just ready for dinner that you had your dinner in the breakfast-room? A. Quite so; and Lord Stamford came to me thereat soon as he had dined—neither of us left that room for two hours after he came in—we sat there continuously, and had coffee there—we did not go into the drawing-room that evening.
GEORGE HARRY ORET, EARL OF STAMFORD AND WARRINOTON . One of my seats is Enville Hall, Staffordshire. I was there in Jan., Feb., and March, 1850, with the exception of one or two days in Feb.—Mr. Richmond is my principal agent—he came to Enville on 28th Feb., 1850—I speak to the date from inquiries I have made—I cannot state the actual day from memory—I remember being there in Feb., on the day when Mr. Richmond came, which I believe to be the 28th—I have referred
to the memorandum-book which Merriman keeps—I should think it was between seven and eight o'clock when Mr. Richmond came—I cannot speak exactly to the time—I do not think I had been out for two hours previous to his arrival—I should say certainly not after five or six—I remember that, by Mr. Lowe lunching there that day, from the date of the day being brought before me—I believe that was the same day that Mr. Richmond come—he did not dine with me that day—he dined in the breakfast-room—the drawing-room is on the same floor—I joined him after dinner, and remained with him from nine I should think till twelve, transacting business—he had been my agent before for my Ashton-under-Lyne property, but at this time be became my general agent for the whole of my property, which circumstance fixes this interview more strongly in. my memory—I went to bed that night about twelve—I did not leave the Hail that evening—the first time I ever saw the prisoner was about 50th Jan., this year, when she came to me at Hill-street, Berkeley-square—the prisoner was shown into my library by my servant Topham—I had received a letter that day—it is burnt—that was the first letter I had received—I was standing near the fire when she came in—the tat at the other end of the room by the door—no one else was present—I asked her what she wanted to see me for—I cannot say exactly the words she said—the said, "I am in a very deplorable condition; my name it Mary Ann Parkes; I am the daughter of Parkes, of the Hyde, you are the father of the child that is here"—she had no child with her—I do not know whether the meant in the house, or the street—she said, "You were walking with Mr. Jesson in the village of Enville; you were both very groggy. you took me to the Cat, and the result of that interview was the child; you promised to meet me in the Rookery next day"—I said I had never seen her in my life before—she repeated that I was the father of the child—I told her to go out of the room, rang the bell, and Topham came—while he was there, she said she must go to law, if I would not support the child—the said nothing to me about the letter I had received, to my recollection—I received a communication from Mr. Day, a solicitor, that evening—I called on him, and he finally ceased to act—I have never had any improper intercourse with the prisoner—it is very unlikely that she has known me for twenty-one years—I do not know her—I did not tee her, that I recollect, on 28th Feb., 1850—I do not know her father's house at the Hyde—I was not in the habit of going there when a boy—I have never been there—I have never been to the village—I have been to the iron-works there once—they are about two miles from Enville—I afterwards received two other letters—I burnt one, and preserved the other—this is it.
Cross-examined. Q. Do you recollect the evening of the 28th, 27th, or 26th? A. I do not think I was out of the house after five o'clock, except one evening—I cannot tell you what evening that was, or whether it was in Feb.—I had not taken more wine than usual on that occasion—I came borne at ten, and dined after that—I had had some sandwiches and sherry, on horseback—I cannot tell you how much sherry I had—I did not partake of it more than twice—I was thirty miles from home at the end of the day—I took no refreshment anywhere coming home—I baited at some public-house in the country, but took nothing myself—I rode straight home—I did not meet any young girl on the road, or have any conversation with one, I am positive; nor did I see any young girl in the Rookery
that or any other night—the Rookery is half a mile from my house—I know the Cat public-house, but have never been in it—it is a very short distance from my house—when I came home from the hunt I was not with any friends—I rode with the huntsman as far as the kennels—I ride or hunt two or three times a week—I do not recollect that I had been accompanied home by any young men—the last day in Jan. the hounds killed a fox, near Hyde—Hyde may have been a meeting-place that day—I do not know—I was out with the hounds myself that day—I should think I left the hunt about three or four that day—I went straight borne, with a groom behind me—I had friends staying with me now and then in Jan. and Feb.—I had an uncle there, but no young friend—a good many friends of mine joined that hunt.
MR. PARRY. Q. Was the day you were out till ten o'clock in the evening before or after 22nd Feb.? A. I cannot recollect; I think it was after the day the hounds killed the fox, after 31st Jan.—from the time I went out in the morning till ten o'clock I was not off my horse, unless it was for a minute, not for ten minutes—we did not go through Hyde, or any where near it—when I say the hounds killed near Hyde, I mean near the iron-works on the other side of the canal; it is called the Hyde.
GEORGE BEAL . I am valet to the Earl of Stamford. I was at Enville in Feb., 1850—I remember Mr. Richmond coming there—I had never seen him before—he came, to the best of my recollection, about half-past seven or eight o'clock—I assisted his lordship to dress for dinner that day, about seven or a quarter to seven—he had been at the hall, I should say, about half an hour or an hour before he dressed—I cannot speak positively—Mr. Richmond did not dine with him—in the evening, after his lordship had dined, I saw him and Mr. Richmond standing outside the breakfast-room, talking together—it was about half-past nine—I did not see them go back, but I heard conversation in the break fast-room after that—I can say, of my own knowledge, that Lord Stamford did not go out that evening after I assisted him to dress—he never leaves the house without my knowledge; I get him his hat and coat—I recollect the night when he did not come home till ten o'clock; that was some time after Mr. Richmond came, later in the year, but I will not be positive—on 30th Jan. the family were staying at Hill-street, Berkeley-square—about half-past one or two o'clock, that day, the prisoner came to the door with a letter—Topham opened the door—I was going out at the time—she asked for Earl Stamford, or the Earl of Stamford, I cannot say which—she went away, and left the letter with Topham—this is it (looking at it.)—I saw her again the same day, about half-past three or four, at the front-door—she made a similar inquiry, and was admitted—I did not show her into the library.
REV. CORNELIUS JESSON . I am the rector of Enville, and am well acquainted with Lord Stamford. I remember his returning to Enville from the Continent, rather beyond the middle of Jan., 1850—he had been absent more than twelve months—I saw him there several times in Jan., Feb., and March—I know the Hyde, where there are ironworks—I think I know the prisoner—her father lives at the Hyde, and is a spade-maker—it is not in my parish; it is in Kimber—I was never out walking with
his lordship in Enville, or the Hyde, or anywhere near there, in the evening after his return from the Continent—I cannot exactly say where I was on the 28th Feb., but I should say in my own house—I have nothing particular to bring it to my recollection—I never heard of it till this matter arose—Lord Stamford never left my company to go with the prisoner at any time—if she has said that he left me, and walked with her, anywhere, that is untrue.
Cross-examined. Q. You are quite sure you never were out with his lordship on those nights? A. Quite; because I never go out by any chance at that hour—I am a Cambridge man—I have never known my name to be used by another—I do not recollect my name being brought up much at Cambridge—I dare say young men, when they are committing what they ought not to do, pass themselves off for other persons.
HENRY YARDLBY . I keep the Cat and Partridge, at Enville. I have known the defendant about nineteen years, and have done business with her father—I have never paid her any money for him, or knew her to collect any for him—I recollect 28th Feb., 1850—the defendant was not at my house that afternoon or evening—(Jane Lewis was here put to the bar.)—I have never seen that woman at my house, or at all, to my knowledge, never before to-day—on 11th March the defendant sent for my car—I went to drive—when I went with it she did not recognize me—she said, "I thought you were not coming to-night"—I said I was as quick as I could, putting the horses to; and she said, "Oh, Mr. Yardley, is it you? I have not seen you these two or three months"—a younger brother of hers went with us, and Philip Smith,-and a young lass from Kimber; it was not Jane Lewis—the prisoner paid for the expenses of the party—there was some joking about her and Philip Smith on the road and at the Horse-shoe—I drove them to Brierly-hill, about seven miles from Enville—we went about five miles—we left the young lass there, and brought the others back—the joking took place at the Horse-shoe, at Stowersby, coming back; it was about the wedding between the prisoner and Philip Smith—from what I could see, he was paying his addresses to her; and I said, "I hope when the wedding takes place you will give me the order"—Parkes said it would not be long, and when it was I was to have the order.
Cross-examined. Q. Have you a wife? A. Yes; she attends to the business as well as me—I am sometimes out of the way—I often take parties out to market, but not on trips.
THOMAS PARKES . I am the prisoner's brother. She left her home on 28th Sept.—my father is a spade-manufacturer—I recollect a fox being killed about a quarter of a mile from my father's house—several of the hunters passed the house; but three gentlemen rode abreast, one of whom the prisoner alluded to, as being the Earl of Stamford—I knew Earl Stamford well by sight; it was not him; he was not there—she persisted in it that it was his lordship—the prisoner never collected money for my father—she did not keep the books—my father allowed her the privilege of keeping a little huckster's shop of her own—I never saw Jane Lewis till I saw her at the Mitre, at Wolverhampton—I never saw her on a visit at my father's house, and I am there every day—I live at Kimber, about half a mile off, where I and my father carry on business—I never saw her, or heard my sister name her name in my life—Wolverhampton is ten miles from Hyde—Lord Stamford never took any ale at my father's; I
never saw him there in my life—in July or Aug. last I and my sister were talking about his lordship coming down to, or going from Enville, I cannot say which, and she asked me what sort of a roan Lord Stamford was; I said I considered him about five feet ten inches and a half high, and a light complexion; which makes me quite certain she did not know Lord Stamford then—I was unaware that she was pregnant till 25th Sept., when a relative of mine alluded to it to me.
Cross-examined. Q. I suppose your sister had friends in the house, and left sometimes for a day or two? A. No; I never knew her out—my employment is at the works not far from the house.
PHILIP SMITH . I am a gardener, and work under Mr. Smith, in Fulham parish. I was in the service of Captain Bennett, as gardener, at Stainborough, two miles from Staunton. I know the prisoner—I do not think I ever spoke to her before the middle of Feb., 1850; after that time I became intimate with her—I recollect going with her in a car to Brierly-hill, when Mr. Yardley drove—I had then known her tome short time—I have had sexual intercourse with her, some four or five times; I did so on the night we went to Brierly-hill, and two or three times afterwards.
Cross-examined. Q. Are you in Earl Stamford's service at all? A. No; I first became acquainted with the prisoner in Feb.—the first time I had connection with her was perhaps fifty yards from her father's door, against a stile—that is very close to the iron-works—I cannot tell what time it was; it was night; night begins at six o'clock, in my mind; it was four or five hours after that; it was either late at night, or very early in the morning—I first mentioned about it this week; Mr. Bower asked me about it—I forget whether I walked with the prisoner after that to her father's house, but I think I did—I am not sure whether any one let her in—I forget when the second connection was, it was not a week afterward—I cannot tell bow many days it was; I think it was in the same place; I cannot positively say—I forget where the third connection was, most likely in the same place—I cannot tell you how often I have had connection with females there, not very often—I have been in the habit of having connection with different females, not a dozen in a week; not one at that time except the prisoner—I cannot tell you where the fourth connection was; I think the last was in the same place, but I cannot recollect exactly—I have never been in trouble, and have never had children fathered upon me—I shall expect to have my expenses for coming here, that is all I expect—I have never told this to anybody till I was asked to tell it—I was not on intimate terms with the prisoner's father at this time—I was friendly with her younger brother, who went with us to Brierly-hill—I have not spoken many words to her elder brother—the prisoner has sisters, I do not know them intimately—I have gone into the father's house and drank under his roof with the younger brother, not with the father; I have not eaten there—it was not through the prisoner's youngest brother that I became acquainted with them—she sent her love to me by Mr. Yardley's daughter; that is as true as all the rest I have said—I did not receive any present from the prisoner during this time, or give her anything—she said that her brother was going to be married, and asked me if I would be married at the same time, and I sanctioned it—that was three or four days before the connection; I think it was in Feb.; I will not be positive—we were not married, because she afterwards got intoxicated,
and I perceived it; I was indignant, and would not marry her—I first heard that she was in the family-way six months ago; I did not heat then who was said to be the father of the child—I did not go and say I was ready to take the child; I never told anybody—I heard it from a man that lived in the neighbourhood—I was not aware that I was the father; I never said so to any one—I do not know why the solicitor came to me.
MR. PARNELL. Q. Where were you living at this time? A. In the tame neighbourhood; I left the next month—I did not leave word where I was gone to—I left Captain Bennett's service on 23rd March, 1850—I had connection with the prisoner a week before that; that was the last time.
JOHN BIRCH . I am married, and live at Hyde. I know the prisoner; in June 1850, I heard some reports about her, and told her I had heard reports that she was in the family-way, and asked her if it was the truth—the said it was—I asked her who was the father of the child—she said, "Philip Smith"—(Jane Lewis was put to the bar.)—I do not know that woman—I never saw her at Hyde, and I have lived there twelve years—I live next door to the prisoner's father, but never saw her on a visit there.
Cross-examined. Q. Had you been intimate with the family? A. Yes, with the father and brothers—I am a furnace-man—the prisoner was in the habit of visiting my house—I heard that Smith was paying attentions to her—I was not very intimate with him—I had spoken to him several times—he must have known that I was intimate with the family.
MART LOCKLEY . I live in Zoar-street, Wolverhampton, and let lodgings. On 30th Oct. I let them to a man named Sheridan—in the evening he brought Mrs. Sheridan, the prisoner—they staid nearly a fortnight the first time, occupied the same bed, and lived as man and wife—after a fortnight, they went away for a little while—they were away about 21st Nov.—while they were away, Jane Lewis came to lodge there on a Wednesday—that is her (looking at her.)—on the next Saturday the Sheridan's came again—they both appeared quite strangers "to Lewis—she then slept in my room—they all three staid there a fortnight to a day, and left in company on the same night, with a little boy three or four years old, who was with them—they did not appear to get more intimate while with me—the prisoner told me while there that she was going to be married to another young man, the Earl of Stamford's gardener, but that he never came—she did not say how long she had been with Sheridan—she was not confined at my house.
Cross-examined. Q. How do you get your living? A. I have got a husband; he keeps a decent sort of a house—it is a lodging-house—I take people in to lodge if they look respectable.
ELIZABETH HILL . My husband is recently dead; I live In Brickkiln-street, Wolverhampton. On 7th Dec., the prisoner and a man came to lodge with me as Mr. and Mrs. Sheridan—Jane Lewis came with them—the little boy was not with them then—Mr. and Mrs. Sheridan slept together the first night they came—she was very far advanced in the family-way, and was confined on Wednesday, 11th Dec, about three o'clock in the morning, or a little after—I called in Mrs. Doleman as nurse, who did all that was necessary—there was no surgeon—Sheridan and the prisoner slept together for three nights before she was confined, Sunday,
Monday, and Tuesday—after some time I asked whether she was married, and a Mr. Johnson, who she said was her brother-in-law, came—after he was gone, I went straight to her, and said, "Mrs. Sheridan, I am informed you are not married"—she said, "I am"—I said, "If you are, show me your marriage lines. and then you will put the world at defiance"—I put it to her twice, and she said so twice—I asked her where she was married, and she said, "In Shrewsbury"—I said, "Where I am a native, and I know it well"—she gave me no answer—she said her marriage lines. were in the pocket of Sheridan's coat, which was in pledge, and that he was the father of the child—on the night she was confined, he slept on a sofa—on the next night I would not allow him to sleep in the house—I asked her how she met with such a fellow as Sheridan—she said at her father's house, he was a policeman, and came there on business about nine months ago—they left my house on New Year's day—Sheridan had left some days before—I turned him out.
Cross-examined. Q. Had you suspected they were not married when they came to your house, you would not have had them, I suppose? A. No; I am well known at Wolverhampton.
ELIZABETH DOLEMAN . I am a midwife, of Wolverhampton. On 10th Dec. I was called to the labour of the prisoner about eleven o'clock—she was delivered about half-past three in the morning—while she was in labour she cried—the nurse, Jane Lewis, asked her why she cried—I did not hear the answer, and I asked her—she said because she was so reduced—I asked her how long she had been married—she said, "Upwards of ten months"—Jane Lewis said, in the prisoner's presence, that she would pay me as soon as Mr. Sheridan had got change for a sovereign—I called the prisoner "Mrs. Sheridan."
CHARLES MATTHEWS . I keep the Hope coffee-house, Goodge-street, Tottenham-court-road. On 26th Jan., about half-past six or twenty minutes to seven o'clock, the prisoner came to my house with a man named Sheridan, and two children, a little boy three or four years old, and another six or seven weeks old—they appeared as if they had come from the country—I never beard any one call her Mrs. Sheridan—there was nobody else with them that night—they occupied one room.
SARAH MATTHEWS . I am the wife of the last witness. On 27th Jan. I first saw Mrs. Sheridan at the house—she had two children, one quite a baby, and one two or three years old—Sheridan and she occupied one bed—they lived there very nearly a fortnight, as man and wife all the time—they left on 8th Feb. On 1st Feb. Mrs. Sheridan fetched Jane Lewis, who slept in the next room to them—she went away on 5th Feb.—I did not hear anything about her going into the country—the Sheridans' were absent from my house on 5th and 6th Feb.—where they went to I do not know.
MARIA HOLMES . I live at 3, Grosvenor-mews. On Wednesday, 5th Feb., the prisoner came there with a tall man, for a lodging—she had a baby with her—I let her a lodging—she slept there that night with the baby—she gave her name "Miss Parkes"—next day, Jane Lewis came, and asked for Miss Parkes—I let her a lodging also—she remained there with Miss Parkes up to 18th Feb., with the exception of one night, Saturday, 8th, when they slept out—they both slept there on the 5th and 6th—the man never slept there—he came on the Saturday evening, but
they were out, and they did not return that night—that was the only time I saw him afterwards.
WILLIAM JONES . I am an officer of the Mendicity Society. I watched the prisoner and Lewis, and a woman named Sheridan on 6th Feb. from Marylebone-street to Goodge-street; they went into the Rose and Crown—after staying, some little time Lewis, and the man came out together, and went into the Hope, in Goodge-street, kept by Mr. Matthews—I waited some little time to see whether the prisoner was in the house, and saw her sitting in the parlour of the Rose and Crown; Sheridan was not with her—after waiting a short time, Lewis came into the parlour, spoke to the prisoner, and they went out together and joined them an outside—I saw them together for a quarter of an hour or more after they left the police-court—I left them at the coffee-house.
MARY PRITCHARD . I am the wife of Thomas Pritchard, labourer, of Ellesmere, Shropshire. I live next door but one to Mrs. Williams—I know Jane Lewis, I recollect her coming to stay there on 3rd March twelve month; that is her—(looking at her.)—I had seen her in Ellesmere three or four days before that—Mrs. Williams is her sister—she presented the appearance of being about to be confined—I was there on the Sunday morning, and continued there all night and all day, till the child died, which was on the 4th—I did not see her that day, she was there the day it was buried, and I have not seen her since.
JOSHUA COMPSTONE . I am in the county constabulary at Ellesmere, Shropshire. I know Jane Lewis, I remember her being there in the early part of 1850, the latter end of Jan. was the first time—she had a child there—I believe she was there on 27th Feb.—this is my summons and warrant-book, in which I have a complaint of Jane Lewis against John Bowen, in a case of bastardy, on 27th Feb.—she had applied to me on the 20th, but I have got no note in my journal of that—I posted the summons on the evening of the 27th, and I saw her either that night or next day, and told her I had sent the summons by post to John Bowen; it was either on 27th or 28th, I cannot say which—I had known her to be there some days before the 27th—I saw her almost daily before the 27th, for a month—she had applied to me about Bowen, he is a police-officer—I cannot say when I saw her after the 28th—I think the next time was about the 21st March, at Shrewsbury.
Cross-examined. Q. You have railroads in your part of the world? A. We have one for six miles—this is my daily entry, I made it on 27th—I am sure of that, the only reason that this entry happens to be blue is because I had two bottles of ink, one blue and one black—this is my journal—(producing it.)—here is a great deal of blue ink in it—here is an entry of the 27th in it—these two books are kept locked up in a box at my home—entries are first made in this summons or warrant-book—I always put the date down regularly—I never forget it, and keep the summons to fill it up afterwards—I am quite sure the entries of 27th Feb. in these two books were made at the same time; I cannot make any mistake about it.
HENRY BRADLEY . (police-inspector). Ellesmere is something like fifty miles from Enville; the Hyde is in the parish of Kimber—I know a man named Sheridan, a policeman, who was stationed at Kimber eighteen months ago—this letter is in his writing, I know it—I know the prisoner—I never saw Jane Lewis in her company in my life.
Cross-examined. Q. You do not go looking about, you go round to visit your men? A. Yes; at any hour I think proper.
JAMES TOPHAM . I am footman and porter to the Earl of Stamford. On 30th Jan., between twelve and one o'clock, the prisoner came to the house—I received a letter from her for Earl Stamford, and delivered it to him—in the afternoon the prisoner called again, and I showed her into the library—after she had been there a few minutes the bell rang, and Earl Stamford told me to show her out of the house; that was the only time I saw her—the letter was closed.
GUILTY.— Recommended to mercy by the Jury, being a dupe in the hands of Lewis and Sheridan.—Judgment Respited.
MESSRS. PARRY. and PARNELL. conducted the Prosecution.
WILLIAM BISHOP . I produce the information made by Mary Ann Parkes—(read.)—I was present on 18th Feb., when the matter was gone into; the defendant appeared as a witness in support of the information; she was sworn before Mr. Bingham—(The examination in chief of Parkes was first read as in the last case, after which the statement made by the defendant was read as follows.)—"Jane Lewis says:—I am a single woman, and life at Birmingham, No. 9, Sheepcote-street. In Feb., last year, I was on a visit at the Hyde, near Mr. Parkes', with a friend; I became acquainted with Miss Parkes; I went with her collecting money for her father on 28th Feb., last year; it was between two and three when we started; we stopped at the Cat, at Enville; we got then between eight and nine; we went to wait till the man came from her father's to take us home; he did not come; Miss Parkes came in, and said she would not wait any longer; when I got to the door she was talking to his Lordship; they walked together, towards the Hall; his Lordship had his arm round her waist; I followed from thirty to forty yards behind, and at last lost sight of them; I afterwards came up closer than I was aware of to them, and I saw his Lordship and Miss Parkes together, &c., against a kind of paling which goes slantways, when I saw then together I drew back a good distance, thirty or forty yards; I saw no more till Miss Parkes came back to me; her dress was in a very ruffled, dirty state; when I came upon them, his Lordship's clothes were," &c.)
Cross-examined. "My own home is Mountford, near Shrewsbury. I am thirty-one—have been from home seven or eight months—was living with, my father—I was in service till my health was bad—I took in sewing—I lived at Mrs. Lockley's, at Wolverhampton, in lodgings at 1s. 6d. per week—that was in Nov. last—I did not stay there above a month—Miss Parkes lodged there—she wanted to stop till after she was confined—the came alone—I have known her four or five yean—when I left Mrs. Lockley's, I went to one Mrs. Hill's—I lodged there five or six weeks—it was a lodging-house—I went with Miss Parkes—she said she had left her father four or five months—we occupied a double-bedded room, nobody else but a little boy, called Sheridan—I have seen its father several times—I saw him about the middle of last week—it was the middle of the week before last—I came with Parkes to take out the summons—I saw Sheridan two days before—he came to Miss Parkes, at Mrs. Holmes', 3, Grosvenor-mews—I had been in town about a week—Miss Parkes fetched
me from Mrs. Underhill's to London—we went up to Mr. Day, an attorney—I know Goodge-street—we slept somewhere up that way—nobody but the boy was there—I saw Sheridan there only once—he came to see Miss Parkes—he was a policeman—I saw him at Wolverhampton with Parkes in Nov., at Mrs. Lockfey's—I may have seen him there two or three times—I slept there—Sheridan did not sleep there with Miss Parkes as I am aware of—he never slept at Mrs. Hill's, because I slept in the same room—I paid rent—I did not receive any part of it from Sheridan—Miss Parkes never went by any other name—she did not pass as Mrs. Sheridan—the boy was his—Miss Parkes never said to me she was married—she was confined at Mrs. Hill's—I went there with her to take the lodging—we went out and returned—Sheridan did not go with us—Mrs. Hill did not remonstrate with her for bringing a man—he came down a few minutes that night—Mrs. Hill made no remark about not having knives and forks enough—Sheridan was not in bed with Parkes there—I did not ask Mrs. Hill if she could give me a bit of coal if anything happened—Mrs. Hill said she knew a woman to attend her—Sheridan did not sleep with her on Saturday, Sunday, or Monday—her brother came one day—Mr. Johnson made no observation about Sheridan—after he was gone, Mrs. Hill did not in my hearing say to her, "Why, you are not married?"—Sheridan did not come that night—Mrs. Hill complained to her husband of Sheridan coming—he came frequently, but not to stop—the night she was confined Sheridan was not there all night—she never lived with him as I am aware of—I did not pay the midwife 3s. nor get 3s. of Sheridan in presence of Mrs. Hill—I never said in her presence, he was a villain—I did not say she engaged me to attend on her—after I was here on 6th inst, I went with Parkes directly to Grosvenor-mews—we left here in the afternoon, between three and four—the little boy was not with us—we did not go to Goodge-street, or Tottenham-court-road, into a public-house—I did not go to the Hope—I did not go in company with a tall man or child—I do not know Mrs. Matthews—we arrived in town on a Saturday—Sheridan, Miss Parkes, and a child were at her lodging—he slept there one night—Miss Parkes and I slept out two nights, I cannot say which nights, at a stranger's near Oxford-street—we slept at Goodge-street one night after—Sheridan did not as I am aware—a person now present keeps the house in Goodge-street—after we had been here we slept in Grosvenor-mews—had slept there two or three nights before—did not go to Goodge-street to find Sheridan, or send a boy in—Parkes paid my bill at Matthew's and Grovenor-mews—I know Sheridan can write—Miss Parkes can write. Reexamined. I knew Sheridan when I first went to Wolverhampton—he married with Miss Parkes's second cousin."
Cross-examined by MR. COOPER. Q. Was she examined in the presence of Parkes, or was it taken separately? A. In the presence of Parkes—I am not aware that she had left the Court.
THE RIGHT HON. THE EARL. or STAMFORD. On 28th Feb., 1850, I was not near the Cat, at Enville; I was not in company with Mary Ann Parkes—I did not go with her to a field and have any improper intimacy
with her, neither on that or any other night—I never saw her before she called on me in Hill-street, Berkely-square, in Jan. last—I never saw Jane Lewis in my life.
Cross-examined. Q. That you are quite sure of? A. Quite sure.
COURT. Q. What other persons have you in your house to assist you? A. My wife and Miss Manser, the barmaid, and Mary Corbett, the waiter—I was at home that evening.
JOSHUA COMPSTONE . I belong to the police station at Ellesmere, in Shropshire—I do not know how far that is from Enville—I know Jane Lewis; she was residing at Ellesmere at the beginning of 1850—I first saw her there some time about the latter end of Jan., or the beginning of Feb. On 27th Feb., 1850, I posted a summons which she had obtained against a man named Bowen, charging him with being the father of a child of which she had been just delivered—she was frequently with me about it—Bowen was in the police—I believe I told her either on 27th or 28th Feb., at Ellesmere, that I had posted the summons to Bowen—I did not see her after that till the March assizes at Shrewsbury.
Cross-examined. Q. You saw her on the 27th or 28th you believe? A. I think it was—my attention was called to her several times before then—she had been delivered when I first saw her.
MART PRITCHARD . I live at Ellesmere, next door but one to the Williams's—they have left Ellesmere now—I do not know where they have gone to—I recollect being called, on 3rd March, to this woman's sick child—I had seen her two or three days before that in Ellesmere—she was delivered in Ellesmere—the child was nearly two months old.
Cross-examined. Q. You speak of 3rd March, are you confident of the time? A. I was called in, and on the 4th the child died.
HENRY BRADLEY . I am an inspector of police in the neighbourhood of Enville. I never saw Jane Lewis at the Hyde in Jan. either in company with Mary Ann Parkes or alone, or at any time—I live at Enville; it is between fifty and sixty miles from Ellesmere.
COURT. Q. You used to be away from home a good deal? A. I went round four or five times a week, and sometimes oftener, but always sleep at Enville—I never saw Lewis in my life, to my knowledge—there are about 800 inhabitants at Enville.
THOMAS PARKES . I am the brother of Mary Ann Parkes. I never saw Jane Lewis before I saw her at Wolverhampton last autumn—the Hyde is a small place, with a few cottages—if Jane Lewis had been a friend of my sister's, and on a visit at the Hyde, I certainly must have known it—I know the man Sheridan; he has been a policeman; he did not marry a second cousin of mine.
COURT. Q. You were at home in Feb., were you? A. Yes; I went to my father's house every day, I live about half a mile from him.
Cross-examined. Q. You would not have known her as a friend of your sister's unless she had come to the house? A. If she had come to the house I must have seen her—if she had been staying at the village, or a little distance off, I might not have been her; but if she had been
acquainted with my sister I must have seen her—(a certified copy of the birth and death of the defendant's child was put in; it was born on 27th Nov. at Ellesmere, and died 4th March, 1850, at someplace.)
MART LOCKLEY . About 27th Nov. the prisoner came to lodge with me in Zoar-street, Wolverhampton; I cannot recollect the date—Sheridan came about the 30th, and they were away a fortnight, and then came again—while they were away, Lewis came—when they came back they appeared strangers to one another—Lewis knew that Mr. and Mrs. Sheridan lived together as man and wife—she always called her Mrs. Sheridan; she has seen them go up-stairs to bed together—the prisoner slept in a bed in the same room with me and my husband—there were but two rooms; a door led from one to the other.
Cross-examined. Q. Has the prisoner ever seen them in the room together? A. I cannot say.
ELIZABETH HILL . I live in Brick-kiln-street, Wolverhampton. On 7th Dec. Mr. and Mrs. Sheridan came to my house with the prisoner—I heard the prisoner call Parkes Mrs. Sheridan, and never anything else—on the night they came they all three slept in one bed, but they ordered another to be put in the room—they wanted some knives and forks on the night they came—I went out and got some—I came home, rapped at the door, and the prisoner opened it—I stepped a yard or two into their room and saw the Sheridans in bed, and the prisoner in the' room—they continued to sleep together in that room till Mrs. Sheridan was confined, and the prisoner all that time occupied the bed in my room.
SARAH MATTHEWS . I recollect Mr. and Mrs. Sheridan coming to live with me on 26th Jan. this year—a day or two after that, the prisoner was brought by Mary Ann Parkes, who I called Mrs. Sheridan, and she always answered to that name—they lived as man and wife the whole time, and the prisoner slept in the adjoining room—there were folding doors, but they were closed up—they used to take their meals together—the prisoner has been on the staircase when they have gone up to bed—she has not, to my knowledge, seen them in bed—I know they slept together.
GUILTY.— Judgment Respited.
NEW COURT.—Saturday, March 8th, 1851.
PRESENT—Sir CHAPMAN MARSHALL. Knt., Aid.; Mr. Ald. FARMCOME. Mr. Ald. LAWRENCE. and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Sixth Jury.
773. CATHARINE KELLY, AMELIA FISGARY, ELLEN FITZGERALD , and MARGARET FISGARY , stealing 1 trunk and other things, value 13l. 14s.; the goods of Maria Anne O'Brien.—and HANNAH WALLIS , feloniously receiving 1 veil, 2s. part of the same.
MESSRS. COOPER. and W. J. PATNE. conducted the Prosecution.
MARY ANNE O'BRIEN . I am single, and live at the Garrick Tavern, in Leman-street. I am a native of Ireland—I arrived in London the second time on 3rd Feb.—I came from Cork to get a situation—when I arrived at Plymouth, a woman came on board as a passenger—we were talking during the passage up—when the boat arrived at Irongate-wharf, she spoke to a young man, and he carried my box through a great many streets, to the house of Mrs. Fisgary, in Mill-yard, Whitechapel, or Rosemary-lane,
I am not sure which—I saw all the prisoners there except Wallis—the man put the box down, and some of the women rushed out of the room to speak to him, and Mrs. Fisgary hushed. them—the man was beginning to speak to one of the girls, and Mrs. Fisgary told her to hold her tongue—the man left the box, and went away—there was in my box a black silk visite, two cashmere dresses, four night-shifts, a satin bonnet, 15s. in money, and a variety of small articles not worth mentioning—Mrs. Fisgary told me to come into the house and make myself comfortable, and asked whether I wanted anything out; I told her I did not, it being early in the day—it was about half-past three o'clock when I arrived at her house—there was a looking-glass and a black brooch in my box—I wanted to go to a register-office, and I asked Mrs. Fisgary for a card of her house; she said she had not a card, but she would send one of her wenches with me, and she sent Kelly—I left my box in charge of Mrs. Fisgary—she said, "Make yourself comfortable; I will take care of you and the things"—I asked Kelly if she knew where the register-office was; she said she did well—we were a couple of hours walking, and she left me at the Paddington Railway-station—I spoke to a policeman near the station—I thought I would find where the house was, and I could not—I saw an Irishwoman, and I spoke to her—I at last got to the police-station without finding the house—I have been to the house since; I did not find my box there—this is my brooch and looking-glass, and veil (produced.)—they were in the box when it was left at Mrs. Fisgary's—I am sure that the house to which I was afterwards taken by the policeman, was the house I left my box at.
Cross-examined by MR. ROBINSON. Q. When you went, who was in the house? A. Mrs. Fisgary's sister and two cats—I gave eight persons in custody the first time—I am a servant, when I am in place—it is not very long since I had a good place—I had an occupation in a workhouse eight months ago, as assistant to the schoolmistress, but I worked with my own hands at knitting—I had a little money; 11l.—I have lived on less than that since—I had been several times in that employ—I was there on the last occasion seven months—I cannot say when I left it last; I left it in March one time, and I left it in Sept.—I have a ring on my finger; I am not married—I have many sweethearts—I tell the truth when occasion requires it—when occasion requires, I tell stories; plenty of them—I had a black silk visite before I went to the workhouse; I paid 2s. 5s. for it—I had the money before I went in the workhouse, before last March—I cannot tell you exactly the date when I had the cashmere dresses; I am not an almanack altogether—I can give you the month when I got the things—I had the cashmere dresses only since last July—I got them in Cork; not at a shop that I patronise; I take pattern by the Queen—I had the victorine before I came to London before—I had it from a young man who brought it me from Malta—the black satin bonnet I had from Miss Crawford—this gold brooch has my own miniature in it—the gold came from Paris—I had it set, and the miniature put in it—I had the miniature from Miss Job—she is in London, but I do not know her address—I bought the gold ring in Sept. last—I bought some things in July, and some in Sept.—I was in Paris about three years ago—I was waiting on a lady, and was at an hotel—I do not know the name of the street; it was a French name—I do not know the sign of the hotel—I lived not in one place, but in three places—I do not know the names
of the persons—I never learned French—I did not pass through London to go there; I went to Jersey—I do not know whether "Paris" is written on this looking-glass—I know what is inside it—I do not know what else is on it; it was not such an ornament as I took much notice of—I bought it at a hardware-shop in Cork—I do not know the name of the people—I paid 3d. for it—this brooch is mine—I got it from a young woman who is now in America; her name is Riley—I have no doubt about this.
Q. Has it ever happened to you to lose a box before? A. Yes; in March, 1850—I charged somebody before the Lord Mayor with having stolen a box and all that it contained—I bad just come from Cork then—I landed, and some man carried my box, and went away with it—I never saw the man again, and I never will, I dare say—the result of it was, they considered I might be mistaken in the person, and he was discharged—I do not know whether a man swore that I was in a public-house at the very time that I said I lost my box—he might have said that unknown to me—the matter was dismissed—the Lord Mayor asked me if I wanted a situation, and he gave me assistance; but he did not give me assistance till I got to Cork—I suppose he thought I was a fool—somebody was sent to the steam-boat, and 2l. was given to the stewardess to give me when I got to Cork—that was in consequence of my destitute situation—I have been here every day since last Monday—I went into some office here—I was asked by one of the gentlemen whether I had ever been in London before, and I denied it; but I was not sworn then.
Q. Did you tell the truth till half a dozen different persona were brought to confront you? A. It was never brought to a proper investigation till this moment; if it had, I would have told it—I told Mr. Betsey that this had happened to me before—I was asked if I had been in London before—I denied it before half-a-dozen different persons—I would deny it before a hundred, if they were together—I was annoyed with them—every one annoyed me—I have a feeling as well as you have—it was. the annoyance that made me tell the falsehood—I know Mr. Goodman, the clerk of the Mansion-house, now, but I did not know him then—it is no use any longer denying it—I cannot deny it now—it was by the Duke of Cambridge steamer that I landed, about a quarter-past twelve o'clock—I do not know how many passengers were on board—I did not count them—I dare say there were more than half-a-dozen; but I was sick, and was not minding—my box was on the deck, near the hatch—one of the porters brought it on shore—it was about three feet long, and a foot and a half broad, but I never surveyed it—the first vessel I came in was the Prussian Eagle. and I went back in the Royal William.—I did not go to the Mansion-house this time—I met with some bad friends—the woman who came on board at Plymouth gave the name of Brown—my Christian name is Maria Ann O'Brien—I am quite sure my name is Maria.
Q. Is it not Mary? A. It is all alike, Sir, it is like Elisabeth, Betty, and Bess—there are four names in Mary, as well as in that—I was christened Maria—when I was among gentlepeople they called me Mary—I have a mother, she is in the county of Cork—I left Cork with the intention of remaining in London—I did not think of returning back again soon.
MR. J. W. PAYNE. Q. You told my friend you had been, with gentlefolks?
A. Yes, ever since I was born—I had been in service before I went to the workhouse—I came here the first time to seek for an uncle of mine—I came this time for a situation—I had my box on the deck of the steamer—I cannot tell how many passengers there were—I saw my box safe when I came to the wharf—it was taken to Fisgary's, and it contained these things—when I went to the house the second time I did not tee these persons; but as soon as I did, I gave them into custody.
Kelly. Q. You said you knew me by my cloak; do you know me? A. Yes, I am sorry I know you so well.
Amelia Fisgary. Q. What did I say to the man? A. You called him by the name of "Ned," I think—I knew you before they pointed you out—you were in the house all the time—I knew you before sergeant Kelly pointed you out—this brooch is mine.
HENRY LYNCH . (policeman, H. 207.) I received information, and took Kelly—the prosecutrix was present; and she charged her with stealing her box and wearing-apparel—Kelly said she knew nothing at all about it—I took her to the station; and a key was there given me by the female searcher, which proved to be the key of Fitzgerald's room, at No. 19, Little White Bear-court—I went there, and that key opened the door—I went to the front room up-stairs, and found two keys hanging over the mantel-piece; with one of them I unlocked a box in the room, and found in it this black veil, which I produce—while I was searching the box, Wallis came in, she said, "What business have you here; all in that box belongs to me"—I then had the veil in my hand, and she said, "My sister gave me that five years ago"—afterwards, to the sergeant, she said, three years ago—I took her to the station, and there she pointed to the veil, and said, "That article I bought in Whitechapel three years ago"—the prosecutrix was present when I searched the box—she described the veil to me; she said there were three holes in it, and one had been mended with crape, in the veil she had lost—the veil corresponds with the description—it is mended in one place with crape.
Cross-examined. Q. Who went into the room first? A. I went in, and the prosecutrix followed after me—there was no one in the room—the prosecutrix was not searching, she was looking on—there were a great many different things in the box—they were turned over, and this veil selected—the prosecutrix did not describe this veil in the room before I unlocked the box—this is the veil; I saw two boles in it—I did not see what ladies call a fall—I did not see O'Brien with one in her hand—I had nothing to my hand but the veil, when Wallis said that her sister gave it her—I had the two keys in my hand—the prosecutrix had nothing in her hand—I suppose I was about three minutes searching the box—there were some duplicates taken out, and then this veil—this was the first article of wearing-apparel—I am one of the policemen before whom the prosecutrix denied that she had ever been in London before—I heard her say, down in the Indictment-office, that she had never been in London before.
MR. J. W. PAYNE. Q. Did she describe the veil to you before she had an opportunity of seeing what you took out of the box? A. Yes.
Fitzgerald. Q. Did I give you the key? A. The female searcher gave it me, and you said, "That is the key of my apartment."
Fitzgerald. I had no apartment in the house. Witness. You said, "That is the key of my apartment, No. 19, White Bear-court"—I went
there—this key opened the street door—I went to the front room up-stairs—I did not try whether this key fitted any room in the house.
THOMAS KELLY . (police-sergeant, H 2.) I aprehended Amelia Fisgary and her mother—I took Amelia first, and told her the charge—she denied it—I then went to Margaret Fisgary's house in Mill-yard, and on the kitchen table was a small box, in which I found this small looking-glass, and this brooch—there was another looking-glass of a similar description—the prosecutrix was present, and she said, "If that glass is mine it is cracked"—she then said, "shattered"—I opened it, and found it was so—I then took Margaret Fisgary—I told her she was charged with robbing the prosecutrix—she said it was a pity she should be taken in charge for a d—d Irish b—h—she became very violent, and we took her to the station—I told Amelia Fisgary we had found some of the stolen property—she said to a person named Smith, who was in custody on the same charge, "You know, Smith, you gave me that two or three months ago"—she said, "I don't recollect, but perhaps I did."
Cross-examined. Q. Was that what she said, "You gave me this two or three months ago?" A. She might have said, "I had it from you" or "You gave it me"—I think both have the same meaning—I have been a policeman twelve years—I mean to state everything that is said, as far as my conscience will let me recollect—this shattered glass was found in a small box on the table, in the kitchen: there was another of the same description—I took nothing but what was identified—I took this glass and the brooch—I left the other glass there—both the glasses were shut. Fitzgerald's Defence. I was on my way home, and I met a person, who said, "Amelia is locked up;" I went to tell her mother, and there were two officers; Mr. Kelly said, "Do you know this person?" she said, "Yes;" and they took me.
Witnesses for the Defence.
MR. ROBERT SAMUEL GOODMAN . I am clerk at the Mansion-house—I was in the Indictment-office on Wednesday, when the prosecutrix came in to pass her indictment—I had a difficulty in preparing the indictment, and I spoke to her, and the moment she spoke I recognized her—I said, "This is not the first time you have been in London—"Indeed it is," she said, "I never was out of Cork in my life"—I did not tease her, nor did I allow a single officer to do so—I recollect her making the charge in March last year—on her denying it so positively I sent for our principal officer, and the one that went down to Gravesend.
MART ANN SATCHELL . I am married, and take in needlework—I have known Wallis for the last nine months—I can prove her wearing a veil, and having a bonnet with a veil, and a tippet and fur with it—I do not think this is the veil (the witness here put the veil over her own face.)—there were two holes in the veil, but the holes appeared to be larger than these are.
COURT. Q. You knew the veil that belonged to Wallis? A. Yes; this one looks like it, but the holes appeared to me to be a great deal bigger.
SARAH MAYER . I live in Albert-street, and am a nurse at the London Hospital. On Monday, 3rd Feb., I went to Margaret Fisgary's house, about eleven o'clock in the morning—I went to Cable-street to ask if they would take my security for some money—I left her at two—I then went home, and went to bed—I did not see her again till seven.
NOT GUILTY .
MR. THOMPSON. conducted the Prosecution.
JAMES BURTON . (policeman, D 2.) I took the prisoner on the 24th of Feb., about five o'clock in the afternoon—I saw him coming down James-street, with two others—as soon as he came to me, I said, "Well, Shepherd. about this handkerchief?"—he said, "What handkerchief?" I said, "The handkerchief you took last night, about ten o'clock"—he said, "I know nothing about it"—I said, "I don't know that you do, but some girls round the court saw you take it, and you must go there with me"—he would not go round at first—he said, "I don't see what I should go for"—I got hold of him by the collar, and pulled him, and then he walked round—as soon as he got round he was identified by several persons, by the witnesses and two or three others, but the Magistrate did not bind them all over—there is a picture-shop there, where they sell valentines and other things—that shop is open on Sundays—when before the Magistrate the prisoner said, Mr. Andrews, the superintendent, could prove be was at the Ragged-school till a quarter before nine on Sunday night—the Magistrate said, "You had better get him here to prove it"—there are two Ragged-schools, one in a yard that leads from James-street, and another in Cameron-buildings—I went to both of them, and could not find such a person.
Cross-examined by MR. PAYNE. Q. Was that at the first hearing he said that? A. No, the last—the prisoner said the school did not break up till nine, and he had written to Mr. Andrews—I went to make inquiries—I inquired for Mr. Andrews, not Mr. Hanson—I did not ask the prisoner what school it was—we are forbidden to ask prisoners any questions—I got information of this robbery on the Monday morning—I was not told about it on Sunday night—I went off duty at nine.
MR. THOMPSON. Q. Did you see the prisoner in that street on Sunday evening? A. I do not recollect it; the prisoner cross-examined the witnesses.
JAMES SHAND . I live at 11, Barrett's-court. I was in James-street, Oxford-street, on Sunday night 23rd Feb. about half-past nine o'clock, but I said at the court half-past eight—I told the secretary afterwards that it was a mistake; there were two girls with me—we were looking in a picture-shop in James-street—while I was looking I saw the prisoner behind a gentleman, he was pulling the handkerchief out of his pocket—it was a little way out—the gentleman then moved, and the prisoner turned aside—the gentleman turned round again, and the prisoner put his hand in the gentleman's pocket, took out the handkerchief, and ran away with it round the corner of Henrietta-street into Gee's-court—I saw the prisoner half an hour afterwards in Henrietta-street, at the bottom of Barrett's court—he spoke to me, and told me not to say anything about it.
Cross-examined. Q. How near were you to the gentleman? A. Close to him; he was looking in the same window—when it was taken I told the gentleman, and we walked round the street—I do not know where the gentleman is—I swore it was half-past eight o'clock, and to did the rest—I had been walking with them a quarter of an hour—I had been to Church in the morning, at Spanish-place.
at 11, I was in James-street with him on the 23rd Feb.—the right time was half-past nine o'clock, we were looking in a shop window where there were books and pictures—while we were there a gentleman came up to the window, and the prisoner came up and took the hand kerchief out of his pocket, and ran away with it into Henrietta-street—I had never seen the prisoner before—the gentleman stopped with us a little while, the prisoner was gone—I saw him again about an hour afterwards—he said he would break my b—y head open if I told the gentleman.
Cross-examined. Q. You swore it was at half-past eight o'clock, did yon not? A. Yes; it was half-past nine—I get my living in service—I was in service till a fortnight after Christmas—since then I have gone out to needlework—I do not walk about the street a good deal, I had been looking for a situation—I work in the morning, and go out in the aftersoon—I had been out about an hour that night with Shand and the other girl—James-street is close to my home.
ANN M'COY . I live at 9, Barrett's-court. On Sunday evening, 23rd Feb., I was in the company of the two last witnesses in James-street, looking in a stop window—it was about half-past nine o'clock—I saw the prisoner take the handkerchief out of the gentleman's pocket—the handkerchief had a red border—the prisoner came back afterwards, and said he would break our b—y heads for us if we said anything about it—I did not see the gentleman again.
Cross-examined. Q. How long had you been out before you saw this handkerchief taken? A. About an hour and a half; I was once in prison—my mother put me there, because I took a little triffe from her—I said before the Magistrate that the handkerchief was taken at half-past eight o'clock—I made a mistake.
(The prisoner's statement before the Magistrate was read, as follows.)—"On Sunday night I was at school; it does not break up till a quarter before nine o'clock; Mr. Hanson, one of the superintendents of the school, has got my name down on a memorandum; I wrote to him Since I have been remanded, and I think I must have misdirected the letter; I do not know exactly where he lives; he can prove I was in school at the time,")
MR. PATNE. called.
CHARLES BASSINGER . I live in Lisson-grove North; I attend the Huntsford-mews Ragged-school. On Sunday evening, 23rd Feb., I acted as superintendent of the school, in the absence of Mr. Turner—the school commenced at seven o'clock—the prisoner was one of the scholars—the school dismissed at twenty-two minutes past eight—the boys commenced moving out of school at that time—the prisoner did not go at that time—there was a meeting of the teachers afterwards, and the prisoner waited for his teacher Mr. Hanson—he is a Bank director, and he was there that night—the prisoner left after the meeting—it could not be less than twenty minutes to nine when he left the school—Adams, the door-keeper, left a few minutes after him—he stopped to lock the door—the prisoner was waiting for some assistance.
Cross-examined by MR. THOMPSON. Q. Are you certain as to the date? A. Quite certain; I saw the prisoner go away.
JOSEPH ADAMS . I was door-keeper at the school in Huntsford-mews on Sunday evening, 23rd Feb.—the prisoner was there that night—I remained in the school during the meeting of the teachers—I had to lock
the door—I locked the doors, and left the school about a quarter before nine o'clock—as I was going to Mr. Turner's house with the keys of the school, I met the prisoner, and he went with me to Mr. Turner's house in Broadly-street, Blandford-square—I saw Mrs. Turner, and delivered the keys to her—the prisoner was at the door speaking to Mrs. Turner, and I went in—after I had left the keys there I saw the prisoner about five minutes afterwards at Mr. Moore's, at the corner of Dorchester-place—Mr. Moore is a grocer and butterman—there was a policeman, and a crowd round the door—the prisoner was there, and I asked him what was the matter—I remained outside the house talking to the prisoner about ten minutes—there were some boys there who were calling the prisoner names for going for the policeman—I saw a policeman go into the house, and come out with another policeman—after that I saw Mr. Moore cone out of the house—the prisoner followed him, and asked him for something for going for the policeman—I saw the prisoner after that, and went down to Park-street with him—he then followed me down to York-court, where I parted with him about ten.
Cross-examined. Q. Is York-court in the New-road? A. Yes; in a line with Park-street—I am sure it was ten o'clock by the time I left the school, counting up the time—you can walk from the school to York-court in five minutes, but we walked very easily—you could go from the school to Broadly-street in five minutes—it is nearly a quarter of a mile from the school—Broadly-street is at the top of Broadly-terrace, Dorchester-place—I have been door-keeper at the school about seven months—I attend regularly every night—I do other things at Mr. Turner's house in the day—I attend at the school every day—Mr. Moore and Mrs. Turner are here—I have never been in trouble or been in custody of any policeman in this country—I was in Dublin about sixteen months ago—I have seen the prisoner come on Sunday nights to the school, that is all I know about him—he told me afterwards that he had been asking Mr. Moore for money—I left him at York-court, that is where I lodge—he did not go in with me—I do not know which way he went afterwards, and I do not know where he lives.
COURT. Q. He went with you to Mr. Turner's? A. Yes; he left the school first, and I came out and found him about five minutes afterwards—we then went to Mr. Turner's—he stopped outside, talking to Mrs. Turner—I went in—when I came out again, I did not find him at the door—I found him at Mr. Moore's—that was about seven minutes after I left him at Mr. Turner's door—I went straight from the school to Mr. Turner's.
MARTHA TURNER . I am the wife of William Turner, the superintendent of the Ragged-school—Adams does jobs for Mr. Turner, and he opens the school every day—I remember his bringing home the keys on Sunday night, 23rd Feb.—the prisoner was with him—he asked me if Mr. Turner was at home, and he asked me for a ticket—I had not one, and I directed him to somewhere else—I did not see him again—it was near about nine o'clock.
Cross-examined. Q. How far is your residence from the school? A. About five minutes' walk—I fix the time, because it was about the hour they generally bring the key, from a quarter to nine o'clock till nine—I have not the least doubt about the prisoner being there at that time—I
cannot fix the time accurately to five minutes—York-place is about a quarter of an hour's walk from there.
JOHN MOORE . I keep a shop at 1, Dorchester-place. On Sunday evening, 23rd Feb., while I was at Church, my house was entered—I came home about ten minutes before nine o'clock—I remember some lad asking me for something for fetching the policeman—I think that was the prisoner, but I will not swear positively—my house is half a mile or better from James-street—it must have been near ten or a quarter to ten when the lad asked me for something for fetching the policeman.
Cross-examined. Q. When you came from Church it was ten minutes before nine o'clock? A. Yes; I did not see the lad then—I opened my door and found the house had been opened—I did not send for the policeman—one of the lodgers sent a lad for the policeman, but I did not see the lad till near ten—I do not know York-court.
WILLIAM KILLINGHEART . (police-sergeant, D 34.) I was fetched to Mr. Moore's—I believe the prisoner is the lad who fetched me—I went to the house—I believe I saw Mr. Moore in the house, and I left him there.
NOT GUILTY .
MESSRS. WOOLLETT. and EDGAR. conducted the Prosecution.
JOHN CRAMP JURY . I am an engineer. I have a smiths' shop and engineers' shop, in Green Dragon-yard, Whitechapel—I know these articles; they are mine—I saw them on my premises, in Green Dragon-yard, on 29th Dec., and I missed them on 18th Jan.—I found there had been an entrance made in the roof of my premises and through the party-wall—I was walking by Mr. Hyam's shop, and saw a lot of these taps in the window; I went in, and saw twenty-three taps—I identified twenty-two of them—I found this force-pump at Mr. Jones's shop, in Slater-street; I then went to the prisoner's shop—I asked him if he had purchased any taps; he denied it—I asked if he had sold any lately; he denied having done so—I asked if he had any half-round bits; he denied that also—I then asked him if he bad bought a force-pump; he denied that he had bought any; but while we were talking, Mr. Jones came in, the person he had sold the pump to, and then he acknowledged having bought the brasswork of the pump, as old metal; and he had sold it to Mr. Jones for 11s.—I then asked if he had bought the ironwork; he said, "Yes, for 1s. 6d."—I then asked if he had any objection to our searching his premises; he said he had no objection, but I must have an authority for it—I told him the only authority I should give him would be to take him into custody if he refused me—(I had an officer with me)—he then said we might search—I asked for his book; he produced it, and referred to two entries of old brass—this is the book—he told me this was the only book he kept—I found one entry, "32lbs. of old brass, at 5d. per pound"—I remarked that it did not weigh 32lbs."—he said, "No, but I bought other metal with it, some new cocks"—I said, "Where are they?"—he said, "There is one, in the window"—I said, "Yes, I can see that, but where are the others?"—he said he had sold the others—I asked him, "To whom?" and he said he did not know the name—I asked if he knew Sheldrick; he said he had seen him twice"—I
asked where he lived, and he said he had given two addresses, 6 and 18 Chicksand-street—I asked if he knew which house he lived at; he said he did not—I asked if he knew that he lived at either house; he said he did not know—I went, and found that he had lived at 18, Chicksand-street three or four days before—I think we inquired at the other address—we went to several other houses, but Sheldrick knowing me, I did not go near the door—Sheldrick had worked for me three or four years ago—I told the prisoner he had better find Sheldrick—we came back to the prisoner's, and found some more property—I can swear positively to this pump and these half-round bits.
Cross-examined by MR. METCALFE. Q. You saw some of your property in Hyam's window? A. Yes, some taps—I was referred by Hyam to some person in Slater-street; to the prisoner, but not by name—I went to Jones before I went to the prisoner—the prisoner went with us to find out Sheldrick's—I heard the prisoner say he was a smith and marine store-dealer—I did not find that the stock had been sold off—I was afraid to go up to the door, because Sheldrick would know me, though I should not know him—the prisoner assisted us to try to find Sheldrick—we were about there for three days, and he went in the public-houses about there—some other goods of mine were delivered at the station by a man named Everard—I should say they were stolen on this occasion—the prisoner was not in custody when he went with us to these different places.
MR. WOOLLETT. Q. Who was with you when you went to the prisoners? A. The policeman—this cock and eight screws were found there—there is not the least doubt that all these articles were lost at the same time—I lost twenty-two such locks as these—they were made at Wolverhampton, for Clerkenwell Prison—I cannot swear to them.
THOMAS WEAKFORD . (police-sergeant, H 5.) In the forenoon of 27th Jan. I went with Mr. Jury to Mr. Hyam's, in Well-street, Mile-end Newtown—there were twenty-three taps; Mr. Jury identified twenty-two of them—I afterwards went to Mr. Jones's, and this pump laid in his window—we went into the shop, and shortly afterwards Mr. Jones came in, and he and Mr. Jury had some conversation—Mr. Jury pointed to these sixteen half-round bits that were hanging up in the shop—we then went to the prisoner's—it was about one o'clock—as we were going into the shop, Mr. Jury pointed out this brass cock—we went inside—the prisoner was behind the counter—Mr. Jury asked him if he had bought any taps; he said, "No"—he asked if he had got any; he said, "No"—he asked if he had sold any; he said, "No"—he asked if he had sold any cast-steel half-round bits; be said, "No"—he asked if he had bought the brass of a force-pump; he said, "No"—at that moment Mr. Jones came into the prisoner's shop—(we had told him to come in after we had been in a few minutes)—the prisoner then said he recollected selling the brass and iron of a pump to Mr. Jones—I then asked him if he had sold any taps to a Jew; he said, "Yes," he did on Saturday night last—I asked how many; and to the best of my belief, he said "Fifty or sixty"—I asked if he had got an account in his book of purchasing these things; he said, "Yes" he had, and he produced his book, with two entries in it—here is "Mr. Sheldrick, 6, Chicksand-street; 32lbs. of pot-metal, at 5d.; Jan. the 6th;" and on 14th Jan., "Mr. Sheldrick, No. 18, Chicksand-street, 21lbs. of pot-metal, at 5d. per pound"—I
asked him if he had any entry of the pump and steel bits; he said that was the meaning of it—I asked him if he would accompany me and the prosecutor to Chicksand-street, to find Sheldrick, which he did—we went to 18, Chicksand-street, and heard that be had left there three days previous—after that we went to the police-station, with the articles—the prisoner went with us—the prosecutor declined giving charge of him—he said he would give him time to find this man—I went to several public-houses with the prisoner, but we could not find Sheldrick; and on Thursday evening I went with the prosecutor to the prisoner's, and he gave him into custody.
Cross-examined. Q. But the prisoner pointed out some other things? A. He pointed out this vice, and said he bought it of the same man—this book was shown to us as it is now—there are entries in it after the 14th—it is plain that this first entry is No. 6; and the second entry was made; 6, and then altered to 18—it appears to have been altered—we received every assistance from the prisoner in endeavouring to find Sheldrick—we found Sheldrick had lived at that place—he is a smith, and I believe he had kept a marine store-shop.
MR. WOOLLETT. Q. Who is Everard? A. He lives in Mapestreet, Bethnal-green; I believe he is a smith—he came to the station, and gave notice that he had bought some articles.
THOMAS BARNS . (policeman, H 88.) On 27th Jan. I went to the prisoner's shop, and assisted in searching—I asked the prisoner if there were any turning tools there—he said, "I have three," and he showed me these three—I saw they were marked "A. Galloway"—I told him I believed them to be Mr. Jury's—he said, "If they are, take them"—I asked him if he had anything else belonging to him—he said, "No"—I went into a back place, and searched a small box, which had a piece of rag hung over it—I found in it this tap—the box was not locked—I told him I thought that to be Mr. Jury's—he said it was not—I said, "I will keep it till he comes"—he said, "You have no cause to take any notice of that"—these locks were found in his cellar, covered with some old rags—the other things were found before I went.
Cross-examined. Q. The prisoner produced the turning tools to you, himself? A. Yes; he went and fetched these three—when I found the tap in the box, I said I thought it belonged to Mr. Jury—he said, "No, I don't think that is one of his"—I said, "I shall keep it till Mr. Jury comes and sees"—he said, "You can do that, but you have no cause to take notice of that"—I stated that before the Magistrate.
MR. WOOLLETT. Q. Tell us the words you used when you found it? A. I asked him whether he bad any taps, or anything else, belonging to Mr. Jury—he said, "No, not that I know of"—I went into the back place, and found this tap in a small box—I said, "I believe this is one of Mr. Jury's"—he said, "I don't think it is, but you can keep it if you like; but you have no call to notice that."
BENJAMIN HYAMS . I am a cigar-maker, and live at 7, Well-street, Mile-end. On 21st Jan. I called at Mr. Hunt's shop—he said, "I have got a little lot of taps I think will suit you"—I said, "I don't think they will suit me to-day, I have no money"—he said he would show me—he went into a back room, and brought two bags, one in another—the smaller one had these taps in it—I said, "I don't think they are taps"—he said,
"They are all stunning taps; they came from Galloway's"—I said I had no money—he said, "I think yon are a hard-working man, and I believe an honest man; I will give you credit"—I said, "How long?"—he said, "I will let you go over Sunday"—I thought they would not be saleable, and I would not have them—I went to him again on the Monday, and I said, "Have you sold the taps?"—he said, "No." and he said I should have them at 10s.—he said, "Pay me 4s. on Monday, 3s. on Monday week, and 3s. the Monday following;" to which I agreed—on leaving the shop, he said, "Make three payments of 3s."—on going home, I entered them, "59 taps, 10s.," but understood him that 9s. would be sufficient—I went to him on the Monday, and told him I had sold more than I expected, and I took him 6s., and asked if he recollected he said that I should have them for 9s.—he said, "Yes"—I then altered this entry to 9s.—I purchased fifty-nine taps—these are part of them.
Cross-examined. Q. Let me look at the book you were referring to? A. Here it is, "Bought of Mr. Hunt, on credit, 59 taps, 10s." but altered to 9s.—this was written on 25th Jan.—on the Monday, here is an entry of two collars—these taps were the first entry in the week, our week beginning on Saturday—I cannot put down Monday's transaction till the Monday—when I first saw the taps they were in two bags at the prisoner's house—I am sure they were not at my house—he never brought them to my house; he brought them to me in his own shop.
Q. Then it is not true, "He came to me, and showed me the taps, which he brought in two bags?" A. That is not true—I corrected the clerk at the time—I told him Mr. Hunt could bear me witness that he never came to my premises; I went to his.
MR. WOOLLETT. Q. Did you show this book to anybody? A. It was seen before I came home on Monday, the 27th—I do not keep a separate book for credits—I have no credit accounts, and therefore this was set down in the cash-paid account.
WILLIAM JONES . I am an engineer, and live at 40, Slater-street. I have known the prisoner as a neighbour about two years; he is a marine-store dealer—I purchased some bits of him; I do not recollect what day it was, because I never took any notice—I do not transact any business with him—I should think it must be about two months back; it might have been three months—it must have been between three and four o'clock in the day—the bits and force-pump were purchased at the same time—the prisoner came over to me, and asked me if I would come over and look at some boring bits which he had for sale—I do not know where he got them from; I did not ask him the question, because I had never heard anything amiss respecting him—I gave him eleven shillings for the pump, and a shilling a piece for the bits—I afterwards gave these articles to the policeman.
Cross-examined. Q. The prisoner is a respectable man? A. Yes; his business is respectably conducted, as far as I know—I think when I bought these things they were lying on his counter, close to the window—any person going into the shop might see them—I and my brother brought them away—there was no direction from the prisoner to conceal them—this pump was lying on my bench, and Mr. Jury saw it—I should think I had then had the things about three weeks. MR. JURY. re-examined. The value of these things is from 12l. to 15l.,
but some of these taps would cost me 10s. or 12s. a piece making. (The prisoner received an excellent character.)
GUILTY.—Recommended to mercy by the Jury. — Confined Six Months.
JOHN HILL . I live in the Old Kent-road, and am a cheesemonger. On 6th Feb., I went to the Bull public-house, in Wardour-street—I saw the prisoner there, and asked him what he wanted of me; he said he had piloted a vessel up from Gravesend that day—(I had known him four or five months before, and I believed him to be a pilot)—he said the vessel had come from China, and there was a sow and eight pigs on board that the captain had brought from China—he said he had asked from 10l. to 12l. for them, and that he had got the captain to let him have them for me for about 6l.—I told him I did not want to have anything to do with them—he wished me to have them, as I had done a kind action to him, at I should be able to pay myself, and he should get a sovereign himself—he said a butcher had come to look at them at the Docks and offered 6l. for them; but he wished me to have them, as he thought they would do me good—I said I would go with him, but perhaps he did not know the value of pigs—I took him to my stable, and showed him a sow I had; he said the Chinese sow was twice as big as mine, and that it was in a vessel at the London Docks—I then turned to a little one that I had in the stable, and asked him whether the little ones were anything like that—he said the little ones were about an inch higher than that one, and much broader in the back—I asked what he considered the value of my little pig—he said about 12s.—I told him I did not consider it worth so much—he said those were fine pigs in the Docks, and I should be able to get them—previous to this I had lent him 15l.—he said the vessel was in the London Docks, and he was to meet me the next day at my house, at three o'clock, to go to the Docks—he called on me the next day, at half-past three o'clock—I said I had not got the money—he asked me how much money I had to take with me, bad I 5l., I said no, I had not, I had got about 4l., and I could not raise more that day, I would get it the next day—we went up into the Borough, and went into a public-house; he said he wanted something to drink—he asked me to drink—he called for a quartern of gin, and some water to put into it—while taking it I said I could not take mine, I did not know what was the matter, I could not take it—he said, "You are d—d childish"—I said, "Never mind" I could not drink it, and I said it was very late, we should not be able to get to the Docks—we came out and went to the Tower—I wanted to go through the Tower, but he said that was the furthest way, and he said he wanted to go into Rosemary-lane—I asked him what for, and he said he had to meet a captain, with whom he was going a long voyage—I then asked him again whether the pigs were in the Docks—he took his oath that they were in the Docks, and that he piloted a vessel up with them—we went to Rosemary-lane, and went into a public-house—he wanted some more to drink, and he had some more gin—I asked him why the captain was not come—he said he did not know—we came out of that house and went down a street—a butcher passed us, and he said to him, "Are you the butcher I saw last night?"—he said, "Yes; I am"—he said, "How about those pigs last night?"—he said, "I have just now bought them"—
he said the captain had sent to him so many times, he had bought them—he said, "Are you not going to stand the 5s. that you promised last night?"—the prisoner said, "I have not a right to pay the 5s. now, as you did not have them last night"—I then told the prisoner as the pigs were sold I should go home—he asked me to go into a public-house, which I did, and the butcher called for a quartern of gin, which we all partook of—another person then came in and called for a half-pint of old ale and some brandy; and while we were talking, the butcher proposed that we should have some mutton-chops; I said I did not want any, but he said I should have some—I said I wanted to get home, but the butcher said, "As you have had the trouble of coming over here, I will stand some"—thought that we were going to a room, but instead of that, they hurried me back into the skittle-ground; and there the butcher and the other man, who had called for the old ale and brandy, began to play—the prisoner after speaking to them went away out of the skittle-ground, and another party came directly into the skittle-ground, and he betted the butcher and the other man 5s., and he played (the prisoner was not there then)—he won that, and then he betted a sovereign—the person who came in last then came to me and said, "I want a sovereign of you"—I told him I did not want anything to do with it—he said, "You had better give me a sovereign to play with"—I told him I would not have anything to do with it—at that time I was almost helpless from the things they had given me, the spirits and things that they had brought in, and I had had some drink at the bar—I was almost helpless; I was sensible; but I had no more power over myself than nothing—I did not bet, but the last man that came in took the sovereign from me to bet with the others—I do not know how I came to give him the sovereign—he was determined to have it from me whether or no—he then betted him again two sovereigns—he said he wanted two sovereigns of me to put with it—he got them from me—he then betted him four sovereigns, and he came to me for that—I told him I had not got any more money, and then he and the butcher came up and said, "You hare got more money," and they compelled me to put my hand into my pocket, and I pulled out another sovereign; then the butcher put his hand into my pocket, and said, "You have got more money," and the other man forced me to pull it from my pocket—he got 5s. from me after the sovereign—he gave the 5s. to the butcher—the butcher then put his hand outside my pocket, and he said, "D—n you, you have got more money;" and he made me surrender it to him—that was 4s. 6d.—the prisoner was not there then—the butcher came to me again, and said, "D—d if you have not got more money now," and he felt my pockets—I said, "It is only my keys," and I pulled them out—he then put his hand into my pocket, and said, "D—n me, you have got more," and he made me surrender some 4d.-bits and other silver—they fished out 13s. more—I did not get rid of every farthing I had before the prisoner came back—they took it from me—when the prisoner came back he brought two glasses of spirits, and said, "Drink away, lads"—he then turned round and laughed at me, and said, "What have they been doing?"—I said, "You know what they have been doing; robbed me of every farthing what am I to do?—he said, "The best way for you to do is, I will pay for a cab and you go home and get 5l. more"—I said I could not do that—he said, "Give me an I O U for 5l. to get it back?"—he got a piece of paper from the
person who had the old ale and brandy, and gave it me, and told me to put down some strange name, living in Union-street, Berkshire—they then began to play, and the stranger who had the ale and brandy won the 5l. of the last person who came in the skittle-ground—the prisoner was there at that time; he Wanted me to go; I told him I should not go; and the prisoner and the last man that came there, caught hold of me and pulled me out of the skittle-ground, and pulled me out of the house—after I got out I wanted to get from them, but the prisoner held up his fist, and said, "You sha'nt go back"—he got me to Ratcliff highway, and there he left me, and then the other left me—I went back, and found the public-house where we were—I asked the landlady if there were any persons in the skittle-ground; she said, no; they had all followed out—the next day I went down to the Docks, and there were no pigs there.
Cross-examined by MR. METCALFE. Q. Have you got some persons here as witnesses? A. No; the prisoner was not present from the time we began to play till the time I had lost every farthing—the prisoner held the I O U to me—I was to put my own address, Union-street, Berkshire—he played, and tried to get it back, and he lost it—when he came in, he asked what was the matter, and I said they had robbed me of every farthing—he said, "If I had been here, they should not have done it"—he turned to the others and drank—I was sensible, but was helpless—I was not drunk—I had only drank at one public-house before that one, and that was in the Borough—I had had some conversation with the prisoner about pigs on the evening before—the prisoner did not come in before that, I had not just killed a pig, he said nothing about my buying pigs—he said he was always piloting the vessels up, and there were always pigs at the Docks—he did not say he was often meeting with pigs on board, and he would let me know—in two of three minutes after we went to the skittle-ground, the prisoner whispered to the butcher and the other parties, and then he left—I told the publican of this the next day; I did not that evening, because my voice was so gone, and I was so weak I was almost powerless; I did not seem to have power in myself—the prisoner and another pulled me out—they got me a little way, and then they got away—I did not call out—they flurried me so I did not know what I was about.
JOHN WOOLFE (policeman, M 213), I took the prisoner—I told him the charge was for conspiring with others to rob—he said to the prosecutor, "It is all a mistake; I was not there when you were robbed; If you were fool enough to gamble, and lose your money, it is no fault of mine: I never gamble myself."
GUILTY . Aged 35.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 36.— Confined Four Months.
GUILTY . ** Aged 12.— Confined Six Months.
HARDING pleaded GUILTY . Aged 20.
KELLY pleaded GUILTY . Aged 17.
Confined Three Month.
GUILTY . Aged 17.
JOHN HENRY DEW . I am a surveyor and auctioneer, and live at Stratford-green. Harwood was in my employ six or seven weeks ago as stable-boy—I missed a pair of gig-lamps on the day that be absconded, six weeks ago last Wednesday—on my returning home, he had gone away and taken the key of the gate with him—he did not come back—when he bad left I took Hide into my service, the same day—I missed a pair of lamps in the evening—Hide remained in my service a month and three days—the policeman brought Harwood to my place on a Sunday a fortnight ago.
PHILIP GLOVER . I live at Stratford, and deal in furniture and marine stores. Harwood and Hide came to my shop about six weeks ago; they each of them brought a gig-lamp—I asked if they were stolen; they said, "No," their master gave them to them, that they had been lying about the place so long, he was tired of seeing them—I gave them a shilling for the two, they were all broken to pieces inside—I sold them afterwards for 2s. 6d.
Hide. The lamps were stolen before I went in the service; I did not sell them.
JOHN HENRY DEW re-examined. When Harwood was brought back, I charged him with stealing the lamps—Hide was present—Harwood said if he was guilty, there was another there quite as guilty—I said, "Who do you mean?"—he said, "Him," pointing to Hide—he said, "On the Wednesday you went out, Hide came to the door, and asked me for some money; I said I had none, but I said, 'Master is going out directly, wait a bit,' and after I was gone, Hide said to him, 'Have you nothing you can make money of?'—he said, 'No, I have not; but there is a couple of gig-lamps in the stable, can we do anything with them?—Hide said, 'Yes, we can get a half-crown for them;' that they took them, and as they were going they saw a cab man—I forget whether he said they showed the lamps to the caiman, but they went to Glover's and sold them—Hide heard this, but he strenuously denied it—the reason I took Hide was, he said he had lost his last situation in consequence of Harwood taking some things away; and he had lost his wages as well—I said it was rather hard, and I took him—these lamps were taken three weeks before I missed them—Hide behaved very well.
Hide, I am not guilty.
HIDE— GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 17.— Confined Four Months.
Before Mr. Common Serjeant.
ROBERT WAGSTAFF . I am a slopseller at Barking. On 8th Feb., about four o'clock, this pair of breeches (produced) were brought to me—they are mine, I know them by the lining—I had list seen them safe at twelve, hanging at my door.
WILLIAM BLORICK . On 8th Feb., about one o'clock, I saw the prisoners, who I knew before—I saw Donovan take a pair of breeches from outside Mr. Wagstaff's shop, and give them to Crow; he put them under his arm, and they walked off together.
JOSEPH ALDER (policeman, K 295.) I apprehended Crow, and told him what he was charged with, and he denied it—when we got to Wagstaff's he said he did not take them himself, a boy named Donovan took them, and he gave them back to Donovan again—I found Donovan in bed about four o'clock the same afternoon—I took him, he said he knew nothing about it.
HENRY MILSTEAD (policeman, 13 K.) In consequence of information I went to a skittle-ground in Barking, and found this pair of breeches concealed behind a board—I afterwards saw Donovan at the station, and said, "Donovan, you are charged with Crow with-stealing these breeches; you need not tell me anything about it, but if you do, I shall have to tell the truth"—he said, "I will tell you the truth: me and Fred Crow went down together; I stole the breeches, and gave them to Crow, and be put them under his arm,"
Donovan's Defence. I picked up the breeches, chucked them to Crow., and we went to the George; I told him to throw them down, or else we should get in a row; the prosecutor offered Blorick 1s. 6d. to say that I took the breeches; I told Blorick of it, and he said he must say it now.
DONOVAN— GUILTY Aged 20.
CROW— GUILTY . Aged 23
Confined Four Months.
Before Mr. Common Serjeant.
SABRA FLETCHER . I am the wife of Edward Fletcher, greengrocer and corn-dealer. On 2nd Jan., about half-past eleven o'clock, the prisoner, who I had known a few months, came to our shop—I asked him into my sitting-room, and he sat down there close to the side-board, where I had a purse with a half-sovereign and 18s. in it—I saw it safe, and counted the money five or ten minutes before he came—he stayed two hours, during which time I was backwards and forwards in the shop—about ten minutes after he was gone, a gentleman came and asked for change for a sovereign—I went to my purse and missed the half-sovereign—no one had been in the parlour—there were customers in the shop, but they could not go into the parlour without my seeing them—once while I was in the shop I heard the jinking of money, but I thought it was his own.
Cross-examined by MR. PAYNE. Q. How long have you known him? A. Perhaps twelves month—he told me he lodged with my aunt, and came to know if I had any message to send—he had before that brought me a watch, and he came for a receipt for it—we have a boy, but he was out all day at Erith with a load of straw, and my husband was at Lewisham—there was nothing but the half-sovereign in the same side of the purse.
Cross-examined. Q. Where did you find him? A. At Erith, he was admitted to bail by the Magistrate, and surrendered here this morning.
DAVID SIMPSON (policeman, R 310.) I took the prisoner, and told him it was for stealing a half-sovereign from Mr. Fletcher's shop—he said he knew nothing about it—I found 14s. 7 1/2 d.; in silver and copper on him, which he said he had brought from home.
(The prisoner received a good character.)
NOT GUILTY .
WILLIAM HENRY WILKINSON (policeman, R 237.) On 28th Feb., about eight o'clock in the evening, I was on duty in High-street, Woolwich, and saw the prisoner at Mr. Hobbs, the baker's, shop—I saw him take a loaf from the window, put it into a basket under his arm, and walk out of the shop—I followed him—he said he had bought it.
MARIA BEAVAN . I live with Mr. Hobbs—on 28th Feb., at eight o'clock, I was in the shop—the prisoner came in and also another person, who I served, and while I was doing so the prisoner left the shop—he did not speak to me or buy any bread—I did not see him take any—I am sure he is the man.
Prisoner. Q. Did I not ask whether the bread was 4d. or 4 1/2 d.? A. You did not speak at all.
Prisoner's Defence. I put the money on the counter.
GUILTY .— Confined One Month.
MESSRS. PAYNE and W. J. PAYNE conducted the Prosecution.
GIDEON HUSSEY . I am a baker at 15, High-street, Whitechapel, and am the freeholder of the premises, 12, Church-street, Greenwich. When I bought the premises they were let to Robert Stanford, the father of the prisoners, and he continued my tenant till he died, in Jan. last—at Christmas he was indebted to me 60l., for a year and a half's rent—he was buried on 3rd Feb., and I put in a distress on 4th Feb.—Mr. Garret, the executor, put me in possession—Mary Ann Stanford, daughter of the deceased, was present—Garret wished me not to shut up the shop, and I said I would send in some flour, and make Mary Ann Stanford my servant, and she was to hand over the money she took every day to Mr. Wickes, a broker who I left in possession, on my account—I went again on the 8th,
and in consequence of an arrangement with Mr. Garret, I paid 15l. for quiet possession, without any disturbance, as Mary Ann Stanford was the only one who had any sort of interest—Edward and Henry were there, and Mr. Garret ordered them out—they walked out, I walked in for a little while, and Mr. Garret gave me formal possession—I then went home—on the 10th, at four o'clock, I went again, for the purpose of meeting some one to whom I wished to let the premises, and found a large mob round the windows, extending half across the street—the shutters were down, and the house, garden and yard were literally full of people—I asked Edwin Stanford, who I found behind the counter, what all this was about, and he said he had taken possession for his brother, and meant to keep it—there were a great many people in the bakehouse—there were two coal-porters, who I noticed particularly, with fantail hats—I asked them what they did there, and they said, they were invited there by Mr. Robert Stanford, and they meant to have a good lark—there were twenty or thirty people in the house, who had principally got sticks in their hands—they were all larking—there was no drinking till about six—I saw a good deal of beer come in—there was smoking, quarrelling, and fighting—I saw all the defendants there in the course of the evening—I called a policeman, and asked him to take Edwin in custody—he said he could not unless he came outside the door, and he saw the peace broken—they were singing up to one in the morning, when they could not get any more beer—when I left there then were four or five there—I asked them to go, and they laughed at me—before I put in the distress, the three defendants, another brother, and Mr. Garret were there, and Mr. Garret said, "I am executor, but I shall not act; here are the sons, I shall not administer"—I asked Robert if he was in a position to take his father's business, as I only wanted the 60l. rent which was owing, and he said he most decline as he had no money—I offered it to the two others, and they each declined—I then told the broker to take an account of the goods.
Cross-examined by MR. ROBINSON. Q. How old is Mary Ann Stanford? A. A very young girl; I dare say not twenty-one—the father's lease was for twenty-one years—I have got it now—I paid Mr. Powell, with whom it had been deposited by the deceased as security, 102. for it—I do not know what these goods were condemned at—I have asked the broker, and he says he cannot give me an account till the business is done—he is still in possession—he has not told me about what the account will be; I heard somebody say about 20l.—Mr. Wickes has received money from Mary Stanford—I have arranged with the defendants, that if they can get 150l. for the lease, I will sign a lease for anybody—this case was remanded for a week, to see if that arrangement could be made—Mr. Plask, of Deptford, baker, said if he could get that money he was willing to pay it; but he has not got the money—I would not accept him as a tenant, because he cannot raise 150l. at the moment—when Garret first told me the father was dead, he said he should not administer; there was a will, and it was in his possession, and if there was any benefit it was to the females of the family—when I got to the house on Feb. 10th, I should think there were 150 people outside, and twenty or thirty in—I consider it a hired mob—there was only Peter Wickes and a friend of mine who went with me there, of my friends when I first went—I was in all parts of the house—I sat down in the parlour, and a coalheaver brought his
basket and sat down on it by my side, and said, "I shall sit here, because it is a comfortable seat"—I then moved to another part—I was chivied about, and the mob cried, "Turn him out!"
WILLIAM WICKES . I am an appraiser, at Sussex-place, Old Kent-road. On Monday, 3rd Feb., I met Mr. Hussey at 12, Church-street, which is in the parish of Greenwich—Henry Stanford and his sister were there, and a few minutes after Mr. Garret and Robert and Edwin Stanford came—I heard Mr. Hussey ask Robert if be thought he could carry on the business; he said he could not, he had got no money—he put the same question to Edwin and Henry; they declined it—Mr. Hussey asked Garret whether he would have anything to do with it—he said, decidedly not; there was too much money owing on the estate, and Mr. Hussey had better take possession—there was an arrangement made when Henry was present, that we should send in flour, and Mary Ann was to carry on the business and pay the wages, which was done every day—I then, with Mr. Garret's consent, ordered Henry off the premises—Mr. Garret left, and Mr. Hussey, myself, my man, and Mary Ann Stanford, as our servant, were left in possession—I left my brother in possession—I went on the 8th to condemn the goods—they were offered to Mary Ann and one of the defendants, I believe Edwin, who came in at the time, and they declined to have anything to do with it—Mr. Hussey paid Mr. Garret and Mary Ann Stanford 15l., 12l. in a check and 3l. in silver—Mr. Garret handed the 3l. to Mary Ann—Mr. Garret then ordered two of the defendants and Mary Ann to walk out—they did so—Mr. Garret then went out, and said to Mr. Hussey, "Now you can take possession," and left me and Mr. Hussey there alone—on the 10th I went at nine o'clock at night, found the house full of people, eating, drinking, and smoking, and a mob of about 100 to 250 people outside, shouting out to turn our people out of possession—I saw the three defendants there, and asked Robert what he was doing there—he said he had got an invitation to a tea-party, and it would be a good while before we should turn him out again—I cannot swear to the precise words he used—Edwin said presently they would turn us out—there were twenty or thirty people inside the house, having gin and beer, with cans and pots—I asked the three defendants to go out, and told them if they had any claim, there was a legal way to obtain it, and they had no right to force their way in—when I first went, the parties outside said, "Here comes the b—Jew broker; leave him to us, we will settle him."
Cross-examined. Q. Was there any quarrelling or fighting? A. Yes; there were two men had a regular stand-up fight in the back parlour—I did not have any refreshment till between twelve and one o'clock, when we had some coffee sent in by a Mr. Rutler, I think—that was all I had—I gave some of these men some money to get beer—I did not leave till about two in the morning, after we had got them to remain quiet, and agreed that they should have two friends remain with them, and I was to leave my brother and one man—I only know one of the persons who were there, and I did not know him till I went and slept at his house; that was Mr. Rutler—when they gave us possession, Henry was the last that left the house—I ordered him out on the Monday, but Mr. Garrst ordered him out on the Saturday—Mary Ann also went out on the Saturday—the goods are condemned at 49l. 17s.—Mr. Hussey has asked
me twice for the account, and I declined giving it him till knew about my expenses—I have got enough to cover them, and have goods I do not know what I shall do with—I did tell Mr. Hussey the property would realize all the money.
PETER THOMAS WICKES . I am a house agent, 14, Canterbury-place, Old Kent-road. On 3rd Feb., I went with my brother to 12, Church-street, Greenwich—a distress was put in for rent, and I remained in possession under the distress till the 8th, when the goods were valued—I saw Mr. Hussey pay Mr. Garret, and Mary Ann Stanford 3l. in silver, and a 12l. check, and Garret gave Mr. Hussey possession, and they all left—my assistant, Mr. Hussey, a gentleman of the name of White, and myself were then left in the house—I returned the same night, and remained in possession partially with the man Naylor all Sunday, till the Monday, on which day between one and two o'clock, a gentleman came, knocked, and said he came from Mr. Hussey to look at the premises—I showed him over the house, let him out, and he went right away, and while I was at the door Edwin Stanford came up, and said, "How are you getting on?"—I said, "I do not know; after the old sort"—I was going to turn to go in when he was coming in as well, and I said, "What do you want?"—he said, "I am coming in"—I said, "No; you are not coming in here; you have no right here," and I took hold of the door to shut ft, and he pushed against me—Henry came up directly, and they forced me into the house—when Henry came up, I told him not to come in at all, he had no right there—I tried to prevent their getting in by putting one hand up against them, and I had hold of the door with, the other, and they forced their way past me by putting their hands against me—they pushed me away altogether—they said they had taken possession for their brother, Robert, and should remain there—I tried to shut the door, but could not for the mob outside forcing against the door—Edwin called out to the mob, "Come in here and assist me, I am turned out of possession; the broker has taken all the goods away from us on Saturday, and we mean to keep possession till my brother Robert comes," and twenty or thirty people came in to all parts of the house, and Edwin said they should certainly retain possession—after the mob came in he said he would turn me out directly his brother Robert came—he said if they were turned out at the front they should certainly break in at the back, they had a right to be there—he said that a great many times—Robert came in the evening and remained there all night—Mr. Hussey came between four and five in the afternoon, and I told him what had happened—the parties inside were drinking, smoking, and quarrelling—there were 200 or 300 outside on both sides of the way, calling to those inside that they would come in, saying, "Turn the b—out; we will do for him."
Cross-examined. Q. They did not turn you out? A. No; when I let the person out I did not cross the threshold—a young man they called Hawk-eye was pushing against the door with Edwin and Henry—if any one says I stood outside it is false—Edwin did not immediately walk round the counter, and say, "I take possession of this in the name of my brother"—he did walk up and down in front of the counter, and the shutters were shortly after taken down, and bread brought in and sold—the only drink I had was a pint of porter at my dinner, and I went out and got some about nine, ton, or eleven in the evening—a man named Callaghan
had a stand-up fight—I did not send for him—he helped us to take some lumber out in the morning—he did not claim 2s. from roe for his assistance—at the end of the evening my brother gave him 2s.—I do not suppose that was for the fight.
MR. PAYNE. Q. Did you or your brother tell Callaghan to have a stand-up fight? A. No; nor Mr. Hussey—we discharged him in the morning—I do not know what the 2s. was for.
WILLIAM WICKES re-examined. I employed Callaghan in the morning to move some lumber—I gave him 6d., and a pint of beer, which I considered sufficient—he was not there afterwards with my authority—I found him there in the evening, and be said he was there on Mr. Hussey's account—I did not authorize him to be there—he said be was to be paid for his time, and I would have given a pound, or two, or three at moment to get rid of him—my life was in danger.
WILLIAM GARRET, JUN . I am a coal-merchant, at East-lane, Greenwich. On 3rd Feb. I went to old Stanford's house, about nine o'clock in the morning, and found Mr. Hussey, the two Mr. Wickes, and a brother of the prisoner's who is not here—I received 15l. for Mary Stanford—I gave her the 3l., took the check, and gave her twelve sovereigns for it—Mary Stanford went home with me, leaving Mr. Hussey and the two Wickes's in possession—we left none of the defendants there—I am old Stanford's son-in-law.
Cross-examined. Q. He had carried on business there a great many years? A. Yes; I told Mr. Hussey, I renounced the executorship—since that time the eldest daughter has appointed the eldest of the defendants to be her representative or guardian—I cannot say whether he has taken out letters of administration.
GARDNER. I am a baker, and live at Dalston; I was not before the Magistrate. On 10th Feb., between four and five o'clock, I went with Mr. Hussey and a friend of his to 12, Church-street, Greenwich, and found the three defendants and twenty more, drinking, smoking, singing, and creating a riot—I did not see any fighting, there were about two hundred outside the house merely looking on—I did not hear them say anything—Mr. Hussey asked those inside what they did there, and they asked him what he did there, he had no business there, they had taken possession of the house, and they meant to keep it—he asked them to go out, but they wished be might get it.
WILLIAM SMITH (policeman, R 351.) On 10th Feb. I was on duty in Church-street, which is in Greenwich parish—Mr. Wickes called me about half-past two o'clock, to go to No. 12—I found about twenty persons outside and inside; I found Edwin Stanford, Wickes, and a porter—I saw Henry take the shutters down—there was then a crowd of about two hundred outside—I heard one of the Stanford's say, provided Mr. Wickes did not go out he would put him out, and that he should see when his brother came.
Cross-examined. Q. Did you call out the military? A. No; the riot act was not read—I was on duty until nine o'clock at night, and did not see any violence—I was relieved at nine by another constable.
EDWARD GARDNER (policeman, R 282.) On 10th Feb., I was on duty in Church-street from ten in the morning till seven o'clock in the evening—my attention was attracted to a bakers shop, by an obstruction on the footpath—I did not go into the house, the shutters were taken
down between four and five, and I then saw three persons inside—I do not think there were more, there were from fifty to one hundred outside who remained there till nearly nine, they were merely looking on—I did not hear any disturbance among them, some of them made remarks.
Cross-examined. Q. You do not generally see one hundred people together without some of them making remarks? A. No.
MR. ROBINSON called
GEORGE ACTON . I live at 14, Thomas-street, Greenwich—I gave evidence before the Magistrate—on 10th Feb. I went with Edwin Stanford to the shop in Church-street, there was no one with us—Peter Wickes, the man in possession, was standing there, and Edwin said to him "How are you getting on?"—he said, "Oh! very well"—Edwin said, "I have come to look at the old shop once more"—he stood on one side; Edwin walked in, and I followed him; there was no violence used towards Wickes—Wickes did not at all resist our going in; Edwin walked round the counter and said he had come to take possession by order of his brother Robert—Wickes said, I shall acquaint Mr. Hussey as soon as he comes—in about five minutes, Edwin told me to take the shutters down—they had been up some days, but the shop had been kept open by the father some years—there might have been ten or twelve people outside—there was no disturbance made by them or violent language used—bread was brought into the house and sold—Mr. Hussey came about five; a great number of people got in in the evening; but I did not see any violence or fighting, only when Callaghan asked Mr. Wickes for his money—I remained there by the treaty, and did not leave till next morning.
Cross-examined by MR. PAYNE. Q. How many people were there in the house? A. There may have been twenty or thirty; I saw some beer brought in, I did not have any—I do not know who had, I was not tipsy, I did lie down in the bake-house—we went to take possession quietly—there were not above one or two outside when we went—I dare, say there were one hundred and fifty or two hundred in the evening—Wickes let us go in—I did not see any beer or gin brought in large tin cans, and I did not help to pour it out in pots to drink—there were pots there, several drank beer—there were two coal-heavers there—I have known Edwin eight or nine years, through buying bread of his father.
SAMUEL WEEKS . My last employ, for fifteen years, has been master of a steam-boat. On 10th Feb. I was in Church-street, at Stanford's door, and saw Edwin and Acton come up and go into the house—there was no violence used towards Wickes, they seemed on friendly terms—Stanford said, "How are you getting on old man?"—he said "All right," Stanford said, "We are coming to look at the old shop once more," and Mr. Wickes followed them in—there were not above three or four persons congregated then, more came after the police came.
Cross-examined. Q. How long were you there? A. Twenty minutes, or half an hour—Peter Wickes was standing two feet from the door; the door was half open—I did not meet Peter Wickes next day, in the Creek Bridge-road, and say I had heard of it, and was sorry for it, and knew nothing about it—I am not a captain now; I am occupying the water at present—I turned myself away from my situation to avoid being turned away—I did not tell Wickes the defendants were three d—d rascals—I was in the Watermans' Company's service six years, and left in Oct., when an
accident occurred through my negligence—I have known the defendants all their lives, and their father thirty years—I cannot say whether they were on good terms.
JAMES GILES . I am a licensed victualler, and live three doors from this house. On the afternoon of 10th Feb. I was out at my door, and saw Edwin Stanford and the other man come up—Wickes was standing again the door, rather outside, if anything—Edwin and the other man walked straight into the house their father had been keeping previously—I did not hear a word said; I was about four feet off—there was not the slightest violence used towards Wickes—I saw Wickes go in after them—only one or two persons were outside then, passing, but no one round the door—they did congregate after the shutters were down—I did not see any violence used outside or in—I was there the whole evening—all the riot I heard was people laughing.
Cross-examined. Q. How much beer did you send into the house? A. Not one half-pint—I did take some beer and victuals to Mr. Wickes, about seven or eight o'clock—I found him there, and Mr. Hussey, and there might have been a dozen others—there were not two or three dozen—my house is the Dovor Castle—there might have been forty people outside at one time, and ten at another—there were not 150—there was a number round the door—Wickes was standing again the threshhold of the door—he may have had one foot on the step, but rather outside than in—I had some chairs in Stanford's house which I had lent the broken for their accommodation—I did not ask to have them out, for fear they should he broken in the disturbance—Wickes said, as I had lent them to him, he would not be answerable any longer; and I took them out.
MISS PERKINS. My father is a butcher, and we live opposite this house—on 10th Feb. I saw Edwin Stanford, and Acton go into the house—Wickes was standing outside some distance from the door, a yard or a yard and a half—they did not at all assault or interfere with Wickes—he did not try to prevent their going in—Stanford spoke to Wickes, went in, Acton followed, Wickes went in after them, and Stanford went behind the counter—Henry Stanford was not there for some time after—after the shutters were taken down, ten or a dozen people congregated—I heard no riot on the part of the people outside.
Cross-examined. Q. How many houses off is yours? A. The first house is a public-house, then a pawnbroker's, and the next it my father's.
GUILTY . To restore the premises, and to enter into recognizances to appear and receive judgment when called upon.
Before Mr. Recorder.
CHARLES KELLY . I am a milkman, at Eltham. On 6th Feb. I slept in a room, at the Tiger's Head beer-shop—the prisoner slept in the same room—(we had both slept there the night before)—I went to bed at nine o'clock—I counted my money, I had 11s. 4d.—there were two half-crowns, several shillings and sixpences, and a 4d.-piece—I put it into my left-hand waistcoat pocket, and put the waistcoat on the bed—the prisoner had not come to bed before I went to sleep—in the morning, at ten minutes before six, the prisoner and I got up together—I felt my waistcoat
pocket, there were some halfpence in it, and I thought it was all right—I afterwards missed my money, and gave information to the police—the silver was missing from the pocket, and some halfpence put in its place, and a pocket-piece which the prisoner had been showing the day before—this is it (produced)—the halfpence had been in my jacket—I had not put any into my waistcoat pocket.
JOSEPH GREEN (policeman, R 315.) I received information—I went to the Swan, at Bromley, and found the prisoner standing at the bar—I asked what money he had got—he said, one fourpence, and another he had just laid down to pay for half a pint of beer—I said, "Is that all the money you have got?"—he said, "Yes"—I took him to the station, and found four shillings in a small box in his waistcoat pocket—I then asked him again whether he had got any more money—he said, "No"—I found a half-crown in one of his shoes, and inside his other stocking I found another half-crown—I then asked him whether he knew anything of this medal—he said, no, he never saw it before in his life.
Prisoner's Defence. It was the money I had worked for.
GUILTY . Aged 20.— Confined Two Months.
MR. PARRY conducted the Prosecution.
EMILY TOPHAM . I am the wife of James Topham; we live at Lee, in Kent I deal with Mr. Smith for bread—the prisoner was his journeyman, and delivered bread to me—in Aug. I paid him 4s. 6d.; I cannot remember on what day, nor any particular coin that I paid him.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
ELIZABETH EAST . I am the wife of William East, and live at Lee Green. I deal with Mr. Smith for bread—on 1st Feb. I paid the prisoner 1s. 6d., on his account; on 8th Feb., 2s. 6d.; and on 15th Feb., 2s. 3d.
BENJAMIN SMITH . I am a baker, at Lee. The prisoner was in my employ—it was his duty to deliver bread and receive money, and to account to me every night—he has not accounted to me for 1s. 5d. received on 1st Feb.; or 2s. 6d., on 8th Feb.; or 2s. 3d., on 15th Feb., from Mrs. East—she was a customer—he has not booked these sums in the cash-book.
Cross-examined by MR. BALLANTINE. Q. Are there any payments entered on account of Mrs. East in Feb.? A. No; he was given into custody on 17th Feb.—he has not paid me any money received from Mrs. East for nearly twelve months—he gave me warning—he did not say if any of the accounts were not correct he would make it up—when be was in custody he said he would pay it all—the amount altogether is 18l. or 20l.—he has offered to pay the whole since—I had not a character with him—he had been nearly five years in my service.
GUILTY. Aged 21.—Recommended to mercy-by the Jury. — Confined Six Months.
WILLIAM JELLY . I am butler to the officers' mess of the Royal Artillery of Woolwich. I have the care of the plate—on 28th Feb. in counting over the plate, I missed two silver forks—the constable came the same day, to inquire if I had lost anything, and I then missed a silver label and chain, and a silver mustard-spoon—the constable produced this wine-label, with "claret" on it, with this chain and mustard-spoon—I had seen them on the evening before, at five o'clock, to the best of my knowledge—they were in use—I saw the mustard-spoon in use—I cannot say that I saw this particular label—we have a great number—we have six claret-labels in all, and I am sure we had six the day before—they are the property of John Brandling and others; he is a captain—all the officers contribute to the expense of the mess—when they join, they pay a certain entrance, and then they pay so much a month—this plate is stationary for the officers at Woolwich—it is never removed away—the prisoner is the son of a private in the Artillery—I believe he lived with his father, in Woolwich, in a part we call the Cottages, which is appropriated to soldiers with large families—there had been nothing particular on 27th Feb., only the usual dinner—I never saw the prisoner till the morning of 28th Feb. when I saw him standing just within the pantry-door—I asked him what he wanted—he said he had brought a boot for one of the waiters, which boot he had in his hand—I afterwards ascertained that he had brought a boot for a waiter named Royston, who was in the habit of working in the pantry, where the plate is cleaned—in ordinary course, this label and mustard-spoon would be in the pantry that morning—I cannot say whether they were there—there are seven waiters, who are military men—they have extra pay.
NATHAN HART . I am a general dealer, and live in Wellington-street, Woolwich. On 28th Feb., between ten and eleven o'clock, the prisoner, and another boy about his age, came to my shop—one of them (I can hardly tell which) produced to me this mustard-spoon, and asked me if it was silver, and whether I would buy it—I asked where they got it, and one of them said he picked it up in the dust-hole—I asked where they lived, and I said, "You had better go and fetch your parents, and then I will see about it"—they said they lived in the Cottages, which are places built for the soldiers, and they gave me a number; I think it was 24—I said, "I will detain the spoon till you bring your parents"—this is the spoon—they left it, and went away—in about ten minutes they came back, and the other boy said he must have the spoon back; and if not, be would call a constable, if I did not choose to give it up—I took hold of his shoulder, and said, "Come to the constable, we will see; I think you have stolen this spoon, unless you will bring your parents"—he said, "Leave me alone; I am not the thief, this is the thief," pointing to the prisoner—I did not hear the prisoner say anything—I let the other go, and they went away—I then called the policeman.
JOHN NEWALL (policeman, R 340.) In consequence of information I took the prisoner, on 28th Feb., about two o'clock, at his master's shop, Mr. Driscoll's, a boot-maker, in Artillery-place—I asked whether he was the boy who had been to Mr. Hart's that morning with a silver spoon—he said, no, he was not—I said, "I shall take you there, and see whether
you are the one or not"—he then said he was there—I then took him, and went and took the other boy, who is named Monteith—they were both at the station, and Monteith said that the prisoner had a chain on him, and the word "Claret"—the prisoner said he never had anything of the kind, and be knew nothing at all about it—I then searched the prisoner and found this chain and label in his left jacket-pocket—he then said he had found it.
The prisoner's statement before the magistrate was read, as follows: "I went to the mess with a boot, and then I took the things."
GUILTY. Aged 11.—Recommended to mercy by the Jury. The prisoner's father stated that he would take him and send him to school by the wish of the Commanding-officer.— Confined Four Days.
MR. BRIARLY conducted the Prosecution.
HENRY CHAPMAN . I am coachman to Mr. Benjamin Cooke, of Vanburgh-fields, Mary's-hill, Greenwich—he had some fowls on the 28th Jan.,—they were kept in a hen-house, at the back of the house—I fed them that day, and counted them—there were twenty-eight—I found the next morning that the fowl-house had been forced open, and on counting the fowls there were only twenty-two—the hen-house door was about six feet high, and about two feet six inches wide—it opened from the meadow—it had been opened with a chisel—we bad had the fowls between three and four months—I am no judge of fowls—I cannot speak positively to these (produced), though I have no doubt they are the same—here are four fowls—they exactly correspond with what we lost—the six that were lost were worth 2s. each—my master purchased them from Mr. Stevens—I knew them when they belonged to Mr. Stevens.
Cross-examined by MR. M. PRENDERGAST. Q. When did you last see these fowls? A. On 28th Jan., about five in the evening—I missed six the next day, and there are four here—I fed them, but have rot knowledge enough of them to identify them—there were eight fowls at the station.
GEORGE HEDGES . I am footman to Mrs. Stevens, who lives next-door to Mr. Cooke—I attended to tome fowls of Mr. Stevens—he has been dead about five months—the fowls were then sold to Mr. Cooke—I know these fowls produced—I bred them and attended to them.
COURT. Q. What breed are these? A. They are game—this ONE (looking at it) I used to call "the little old lady"—she has a spur and five claws on one leg, and five claws on the other, without a spur—she has flown on my shoulder many times—I know these others by their personal appearance, by their countenances—they were about two years old—I fed them all the time till they were sold—I saw eight fowls at the station, and picked out these from the others—I saw the same fowls at Mr. Cooke's about a week before they were stolen.
Cross-examined. Q. Did these fowls recognize you in any way? A. They did rather—they looked up and came towards the door—I am sure that Mr. Cooke had Mr. Stevens's fowls.
he said, "I can't think what you want to take them away for; they belong to me; I have had them twelve months, except the cock, and that I exchanged for another fowl."
JOHN LOOKER (policeman, R 295.) I was present when the fowls were found—the prisoner said they were all his, and he had had them twelve months, except the white cock, and that he had exchanged with George Lyne.
Witnesses for the Defence.
JAMES COBBETT . I am a mason—I live at the Copperas-ground, at Greenwich—I have known the prisoner twelve months—he keeps a public-house—I never sold him fowls, but I saw him buy nine or ten fowls about Christmas last; I think it was two or three days before Christmas—I saw the fowls running about when I was there again.
MR. BRIARLT. Should you know these fowls again? A. I do not think I should. (The prisoner received a good character.)
GUILTY of Receiving, — Confined Three Months.
MR. BRIARLT conducted the Prosecution.
BENJAMIN FULLER . I am a baker, at Greenwich. About nine o'clock on the morning of 22nd Feb. I went to a shed of mine, which is a carpenter's shop—I keep fowls there—I found the padlock broken, and these tools had been taken out of a basket—there was a hammer and screwdriver of mine missing, and a saw, chisel, and brad-awl belonging to a man that I employ—the prisoner lives about two minutes' walk from me.
Cross-examined by MR. M. PRENDERGAST. Q. When had you seen them? A. About five o'clock the night before, when I locked the shed, and I saw them again the same day.
JOHN WHITE (policeman, R 180.) I assisted in searching the prisoner's house on 22nd Feb., about twelve o'clock—there was a copper in his back kitchen, and in the copper I found these tools—I asked the prisoner how he accounted for them—he said he did not put them there, and did not know how they came there—his premises were very much exposed.
Cross-examined. Q. Are his premises exposed? A. The back kitchen joins the skittle-ground—any person wanting to go to the water-closet must go through the back kitchen—there is much play there.
NOT GUILTY .
Before Mr. Justice Erle.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS CARTER WIGG . I am a tea-dealer, of Somers'-terrace, Walworth-road. On Sunday morning, 12th Jan., between one and two o'clock I was returning home with my son who is nine years old—we went down West-street which leads from Walworth-road into Lorimer-place—I heard two men walking rapidly behind me—I crossed out of West-street, across
the end of Canterbury-place—this is the position of the road—(looking at a plan)—I turned round, saw two men, and heard them whisper—I was surprised at their being behind me so quickly—I immediately received a blow on my head with a life-preserver, I should imagine from the prisoner but I could not distinctly swear it—I turned round, and directly received mother blow on my right temple with an instrument like this life-preserver (produced)—I had an umbrella, and struck and thrust at them once or twice—there is a lamp at this corner (pointing to it)—I backed towards it—I called out, "Murder!" and they both rushed on me—one of them knocked off my hat, and I received a blow, I cannot say from which of them—my little boy ran away, and called out—one of them ran after him—the other still kept pursuing me—I kept defending myself with my umbrella, and I received several blows on my shoulders with a short stick, or life-preserver—I saw nothing more of the man that went after my boy—after that man had gone away, I struck and thrust at the other with my umbrella—one of the thrusts took effect on his hat—after some time a window was thrown open, and he ran away about twenty yards on the other side of the way, in the direction of the Bee-Hive—he then returned, and ran up Canterbury-place very rapidly—I saw his face distinctly by the lamp—a policeman came up in a direction from the Bee-Hive, and I told him—he immediately went up Canterbury-place—I am positive the prisoner is the man—I was bleeding, and was taken home by a policeman—after I had been at home a abort time the prisoner was brought, and I recognised him immediately—I saw a mark on his hat over his left temple, and when his hat was taken off I saw a red mark op his left temple, corresponding with the mark on his hat, on which there was blood.
Cross-examined by MR. CLARKSON. Q. I believe you cannot speak to the features of the prisoner, but to the personal appearance up to the time then he came under the lamp? A. I saw his face distinctly when they made the attack, and I saw enough of him before he left me to swear to him—I saw his face distinctly before he ran past the lamp, but perhaps not quite so well as when he ran past it, because the light was so straight on him then—up to that time I could have spoken more to his figure than hit face—I have had another person taken up on this charge—his name is Spencer—I swore to biro, but the Magistrate discharged him—I believe he gave his address—I have never ordered him to be sent for since—I preferred no indictment against him—I swore to him as positively as I do to the prisoner.
JAMES KEY (policeman, P 354.) On this morning I was on duty a few yards from the Bee-Hive, at the corner of Lorimer-road, and heard cries of "Murder! and Police!" a few yards off—I went to the spot—I had a light which was visible in front of me—I found Mr. Wigg at the corner of Canterbury-place, and West-street—I saw his little boy first in the Lorimer-road—I saw no other person—Mr. Wigg was bleeding—in consequence of what he said to me, I went up Canterbury-place—I met Coppin in Manor-place, near the lamp—as I went to it, I saw a man under it running from me—Coppin had the prisoner in his custody—I saw no other persona between Mr. Wigg and the corner—I assisted in securing the prisoner—we took him to Mr. Wigg's house—I went in first, and Coppin followed with the prisoner, and Mr. Wigg said, "That is one of them; take care of him"—the prisoner said he was mistaken.
Cross-examined. Q. Was Mr. Wigg's face and head covered with blood? A. A part of it—the blood was running into one of his eyes—I do not know whether it was running into both—it was a very dry night—I do not know whether it was cloudy or moonlight—the prisoner was not shown to Mr. Wigg first with his hat off—he had it on, and Mr. Wigg told him to take it off; I beg pardon, he went in with it off, and was told to put it on, before Mr. Wigg identified him.
SAMUEL COPPIN (policeman, P 97.) On 12th Jan. I was on duty in Manor-place, and heard sounds at the corner of Canterbury-place—I went towards there, and met the prisoner, not three yards from the corner—he had just passed Mr. Frazer's house—a person coming from where Mr. Wigg was to the Lorimer-road could pass there—be was walking, with his hands to the collar of his coat, lifting it up—I said, "Where are you going?"—he said, "Home"—I said, "Where do yon come from?"—he said, "Up there," pointing towards Pen ton-place—he was twenty yards from the court, at the corner of Canterbury-place—I said, "What is the matter round the corner here?"—he said be did not know—I said, "Never mind, you will go back and see," and took hold of his arm and turned him round—he said, "There is nothing to do with me if there is a man and his wife having a few words"—I said, "Never mind, we will go and see," and went with him down Canterbury-place—we met Key—he said, "Did you stop that man?"—I said, "Yes; what it the matter?"—he said, "A gentleman is nearly murdered"—I said, "No doubt this is one of the parties that has been doing some of it"—we took him to Mr. Wigg's—I got some water, and so on, for Mr. Wigg, and then asked the prisoner where he had been—he said he had been to spend the evening with a friend—I asked him, "What friend?"—he said, "A person named Scott"—I asked where he lived—he said, "In the fields"—I said, "What fields?"—he said he did not know—I took him to the station—the sergeant told him the charge, and said be could say what he pleased—he said he had been to Camberwell for a walk—the sergeant said, "Where?"—he said, "The Red Cap, along with several others"—we asked who they were—he mentioned Potty Mills and Shammy, two omnibus-conductors, whom I know very well.
Cross-examined. Q. Did you forget all about Potty Mills before the Magistrate?" A. No; I stated it there, and it was read over to me, but the clerk said it was proved to be false—he told me he had been to the house of a man named Scott—I did not go there—I did not know where it was—I know a place called Wheeler-fields, where there are several cottages in one corner—I did not go there to make inquiry—the prisoner did not say anything about any cottage—this is my signature to my deposition (this being read, stated, "He said he lived in a cottage in a field")—I swear I never heard him use the word "cottage"—the prisoner was on the opposite side of the way to Frazer's house—he was coming round the corner—Canterbury-place is ten or twelve yards wide—it was about half-past one o'clock in the morning—after I had got the prisoner to Mr. Wigg's, and got water and bathed his temples, I looked at the clock; it then wanted ten minutes to two—Mr. Wigg was bleeding all over his cost collar, and into his bosom—I did not find any blood on the prisoners clothes.
Sunday morning, about a quarter to eight o'clock, I found this lifepreserver (produced) at Mr. Frazer's house, about a foot inside the iron railings, which come up to the footpath—I gave it to the officer.
WILLIAM NUTRIC FAIRBROTHER . I am a surgeon. On Sunday morning, 12th Jan., I was sent for to see Mr. Wigg, I found him suffering from several injuries to the bead, and from loss of blood—the injuries might have been inflicted by such an instrument as this produced—the wounds were of a dangerous character—I remained with him some hours.
WILLIAM THOMAS (police-sergeant, P 21.) I was in attendance at the Walworth station when the prisoner was brought, between half-past two and a quarter to three o'clock in the morning—he said he had been for a walk to Camberwell, and had been at the Red Cap, with two conductors, Potty Mills and Shammy, and remained there till twelve o'clock.
Cross-examined. Q. How far is Camberwell from these cottages in the fields? A. About a mile.
WILLIAM MILLS . I am an omnibus conductor; they call me Potty Mills, I do not know why. I recollect hearing of this matter on a Sunday morning—I was at the Red Cap the night before, where I generally go of an evening for a quarter of an hour—I did not see the prisoner there—I was not in his company.
Cross-examined. Q. Do I understand yon to mean be was not there? A. I cannot say—he was not in my company.
Cross-examined. Q. He was an omnibus conductor? A. Yes; he might be at the Red Cap—he was not in my company.
MR. CLARKSON called
JANE SCOTT . I am the wife of John Scott, I live at a cottage in Lorimer-fields. I know the prisoner well—on that Saturday night, or Sunday morning, I was sitting up for my husband, and the prisoner knocked, seeing a light—it was past twelve o'clock; I thought it was my husband, and opened the door—I inquired after his brother Henry, and he remained about three-quarters of an hour, as near as I can recollect—I dare say it was half-past twelve when he came; he was quite alone—it was one, or past, when he left—I do not recollect—I read of this in the paper on the following Tuesday.
Cross-examined by MR. BODKIN. Q. your husband here? A. No; he came home a little after two o'clock—he was rather late—he is a gardener—my house is about the middle of the field; going from West-street to it, you turn to the right by the Bee-Hive—Carter-street is-to the left of the Bee-Hive—I have lived there ten years.
GUILTY . * Aged 21.— Transported for Life.
Before Mr. Recorder.
(The prosecutor did not appear.) NOT GUILTY .
Before Mr. Common Serjeant.
EMMA GREENING . I live with my mother, Maria Elizabeth Greening, who is a widow, and is a baker. The prisoner was in her employ, it was part of his duty to receive money for her, and pay it to me the same night—I keep my mother's accounts—I believe the prisoner keeps a memorandum-book which he takes out in the cart, but he does not show that to me—he tells me what he receives, and hands it over to me—he has not paid me 1l. 1s. 1 1/2 d.; on Mr. Ponsford's account; or 1l. 12s. 2d. on Mr. Pember's; or 9s. from a Mrs. Holford—"he never told me anything about them—the bread is counted out to the prisoner when he goes out, and we count it when he comes back—this is Ponsford's account, the amount he owes us is 1l. 1s. 1 1/2 d.; the last week's bread was 3s. 3d.; Mrs. Holford owes 1l. 5s. 2d., and Mr. Pember 1l. 12s. 2d.—I give the prisoner the bills to deliver every Monday—I did not ask him for these accounts, because I did not suppose they were paid—he has never said anything about them.
Cross-examined by MR. ROBINSON. Q. Is this book all in your writing? A. Yes; I make the entries from the statement the prisoner gives me—he received a guinea a-week, and his bread and flour—my mother has received money from him—she is not here, she is very ill, she was unable to attend before the Magistrate—I enter in this book what the prisoner pays me; be has paid my mother money, and she has handed it over to me, and I entered it in this book—my mother was not anxious to prosecute, and her son was not particularly anxious to prosecute—the prisoner has brought me large sums of money—if I am not at home at night his bread is booked next morning; but that is very rare—he had been in our service nearly two years, and four or five with my brother, it may have been six; I cannot say whether it was eight—I believe he has lost his wife ten months ago—about three months ago he broke his collar-bone, and was taken to the hospital—I believe his sister is now in the hospital—my brother has nothing to do with our business, be comes in and out; he has quarrelled with the prisoner—I have heard that the prisoner went to work drunk, and ran after my brother with a knife—I do not know that he brought an action against my brother, and I do not believe be recovered damages, or that my brother paid him any money is consequence of the violence he received from my brother—he was laid up some time.
ELIZABETH DANIELS . I am the wife of Charles Daniels, and have been cook to Mr. Pember—about four days before the prisoner was taken I paid him 1l. 12s. 2d. for Mrs. Greening—this is the receipt (produced.)
GUILTY. Aged 29.—Recommended to mercy by the Jury. — Confined Three Months.
GUILTY . †— Confined Six Months.
JOHN CARPENTER (policeman, R 38.) On the evening of 12tb Feb., in consequence of what I had heard, I went to 2, Gloucester-place, Deptford, where the elder prisoner, Maria, resides—she was then in custody but I had seen her there before—I found this piece of newspaper pinned up in the bedroom, hanging on a little nail, containing, among other things, a pair of gloves, a habit-shirt, three pocket-handkerchiefs, and a neck-tie—these things were afterwards produced; in Mary Ann's presence, to Emily Grocock, who said they were hers—Mary Ann said she had not taken them—I afterwards alluded to some other property, and she said she had taken them things, but she had not taken anything else.
EMILY GROCOCK . My husband's name is William Henry Grocock—Mary Ann was servant where we lodge, and had access to our apartments—these things are mine—I missed them on 12th Feb.; some from a drawer, and others from a cupboard.
MARIA ABEL— NOT GUILTY .
MARY ANN ABEL— GUILTY. Aged 14.— Recommended to mercy by the Prosecutor.—Judgment Respited.
WILLIAM GEORGE HOLLOWAY . I am a butcher, at Deptford. On 12th Feb. the prisoner came, asked the price of some meat, and went away without purchasing any—in consequence of what was told me, I went after her, and overtook her at her own house, about 200 yards from my shop—I charged her with having some meat; she said she intended to pay for it—I took her back to the shop, and found a piece of mutton under her shawl—she said she would pay for it—it was my property.
THOMAS NOTE (policeman, R 358.) On 12th Feb. the prisoner was given into my custody, in the Broadway, Deptford—she said she did take the meat, but not with the intention of stealing it, she wished to pay for it.
Prisoners Defence. I have dealt at the shop regularly every week for many years; I told him I had not sufficient money, I wished to pay for it.
GUILTY . Aged 30.— Confined Six Months.
(There was another indictment against the prisoners.)
GUILTY . Aged 46.— Confined One Month.
GUILTY. Aged 33.—Recommended to mercy. — Confined One Month.
WILLIAM HILL . I live at Rochester—I am master of a barge belonging to Mr. Horsnaill. On 22nd Jan. I was delivering mangold-wurtzel and Swede turnips at White Hart Dock—the prisoner came to me there and said he should like to have some—I told him they were sold, but we were going down to load again, and I would bring him up a fresh load—he gave me his direction to give to my master, and I said, if my owner consented, he should have some—I saw him write it—this is it—I gave it to my master—I afterwards got a cargo of Swede turnips and mangold-wurtzel—I brought them to Horse-Ferry Dock on Saturday, 1st Feb.—when I got there I saw my owner and the prisoner talking together on the wharf—Mr. Horsnaill beckoned me to come on shore, and he said this man was going to sell the cargo, and I was to receive the money—when any carts came down to receive the cargo from the barge's side I was to receive the money before the carts left—the prisoner agreed to that—he said if it was a large cow-keeper came, it would not do to ask him to pay, but if it was one or two persons came he might do so—Mr. Horsnaill said if the whole money was paid afterwards it might go, and I was to go with him to receive the money—on the following Monday morning the prisoner was there again—I asked him whether he had sold the mangold-wurtzel and turnips—be said he had sold the half of them, which was about twenty, or twenty-four, or twenty-five tons, to Mr. Bowran, for 18s. the ton, and 20s. for the Swedes—there came a wagon and two carts with Mr. Bowran's name on them, and in the afternoon some of Mr. Biggs' carts or wagons came—the prisoner told me he had sold them all, and Mr. Biggs was going to have part of them; that was the reason Mr. Biggs' carts came—the cargo altogether was forty-eight tons; and in the coarse of Monday and Tuesday the whole was delivered out, but seven tons to the carts of Bowran and Biggs—on the Tuesday evening the prisoner came again and said they should not be long in clearing the rest out, and he would clean himself and go with me to get the money—he went away, and I did not see him again—the seven tons were fetched away in the morning by Mr. Bowran's cart, but the prisoner was not there—I afterwards went with Mr. Horsnaill to Mr. Bowran's, and we afterwards met the prisoner—Mr. Horsnaill asked him when he was going to settle—he said, "I will settle with you directly"—he went a little way with us, and then he wanted to turn back to go to his wife—we went with him—he asked us to go into a public-house—we went inside a public-house door, and he went out and went over to his own door, which was right opposite—we waited outside—he did not come out, and I did not see him any more till he was in custody.
Prisoner. Q. Did not you receive 1l. of me? A. Yes; I paid that to a waterman—I swear there were forty-eight tons—I weighed them in—I did not tell my master there were but forty-five tons—I gave the goods into their wagons—you were on the deck and landed them.
ALFRED HORSNAILL . About the end of Jan., I was spoken to by Hill—he gave me this address, and in consequence I called on the party, but did not see him—I then wrote this letter, which contained an offer to send him a cargo—I received another letter, stating that he accepted my offer to sell wurtzel, and get me 17s. per ton—in consequence of that, a freight
was sent up to the Hone-Ferry Dock—I did not receive any reply to my letters—the purport of them was, that the freight would not be delivered till the money was paid—when I came up, I met the prisoner at the Hone-Ferry Dock, on Saturday, 1st Feb.—I asked him if he was the person who gave this address; he said he was, and he was waiting expecting the barge up—I waited with him, and I told him as we were quite strangers, I should expect the money previous to unloading—he said he was a poor man; he could not do that—I then wrote down this arrangement, and left it with him, to give the captain when he arrived; but while we were talking the barge came up, and I told Hill that he was to go with him and receive the money when it was all delivered—I came to the wharf again on the Wednesday morning—the prisoner was not there—Hill was there—I went to Mr. Bowran and Mr. Higgs, and as we were coming back I met the prisoner—I said we had been looking for him, and I wished him to settle—he said, "We will go in and settle;" he did not say where—we walked on, and he turned and said he would see his wife first, and we turned back—I said I had been to the persons, and found he had drawn the money—he said he would go in and settle—he went into his house; I waited some time; he did not come out—his wife came, and said he was not in-doors, he was gone out—I got a policeman, and searched the house, and found he was not there—I did not see him till he was in custody—he had no authority to receive this money, it was to be paid to the captain or myself; he was to have what he realized over 17s. per ton.
Prisoner. Q. Did you agree for me to have it for 17s.? A. I agreed, according to the purport of this note, that you were to get what you could over 17s.—you were to sell it for me—I was not to allow you any commission—I did not sell them to you or to anybody—this is the letter that came first—all these letters were found in his pocket—these are my letters; and this is his letter.
STEPHEN GEORGE BOWRAN . I live in George-street, Edgeware-road. On Tuesday week, before I was before the Magistrate, the prisoner came tod offered to deal with me for mangold-wurtzel and Swedes—he asked 18s. a ton, and I offered him 15s.—he went away, and came again on the Sunday morning—I told him I would give him no more than 15s. a ton—I understood that he would let me have them, and I was to send my cuts the next morning to Horse-Ferry Dock—I walked down the next morning, and saw the barge and saw a sample—I bought the whole, and let Mr. Biggs have some—I saw the prisoner again on Tuesday morning, and told him he could have his money when he pleased—he said he wanted money, and I let him have 8l., but on Sunday he had had 2l.—he had 5l. in all—in the evening of that day he came again, and wanted to settle, but the barge was not quite unloaded—I gave him 7l. more, and he was to come for the remainder next day—I did not see him again afterwards—he said he wanted to send the money to Mr. Horsnaill—he wanted to, settle with him—I thought, having had it of him, I ought to pay him.
JOHN BURT . I am in the employ of Mr. Biggs—I found the prisoner with my master on Tuesday evening, 4th Feb.—I heard my master speak to the prisoner about the mangold-wurtzel—he said he would settle with him, and I saw him pay him a check of 14l. 5s.
Prisoner. Q. Was it 14l. 5s. or 14l. 15s.? A. 14l. 5s.
JOSEPH JORDAN (policeman, L 88.) In consequence of information I went to apprehend the prisoner—he said to his wife, "Move the goods away as fast as you can"—I asked him his name—he said Davis—I took him in custody—he said it was all right, if he owed a man a pound, and had only 15s., he could not pay him—I found 3l. 7s. 3d. and this check on him.
(The prisoner, in a long defence, entered into the circumstances of his arrangement with the prosecutor, with a view to show that the transaction was an honest one, and amounted merely to a debt, and not to a felony.)
NOT GUILTY .
Before Mr. Recorder.
WILLIAM WALKER (policeman, V 98.) I saw the three prisoners in Battersea-fields on 6th Feb., about half-past nine o'clock in the morning—they were together—I was in plain clothes, and I watched them—I saw them all go into two public-houses, and Ellington and Feary went into five shops—Stringer staid outside, watching—they afterwards went to Mr. Bellchambers', and I saw Feary go to his shop three times, and Ellington and Stringer stopped on the opposite side of the way—the third time, Feary made a pull at the coat which was hanging at the shop-door—he did not get it—he went back to his companions after touching it—he saw me watching him, and I went into Mr. Bass's, a builder, about fifty yards from Mr. Bedchambers'—Mr. Bass went up-stairs, and looked out of his window—he came down-stairs a few minutes afterwards, and told me something—in consequence of that, I went towards Wandsworth, and when I got to the Railway arch, the prisoners were there—they were stopped by Mr. Bass, and given into my charge—with Mr. Bass's assistance, I took them to Mr. Bellchambers' shop, and then went to find the property—the witness, Skinner, pointed out to me a heap of bricks, which was close to the road where I had followed the prisoners—I found this cap under the stack of bricks—I received this coat from Mr. Bellchambers' shopman.
GEORGE BASS . I am a builder. Walker came to my house, and I went up-stairs—I looked out, and saw the three prisoners—Stringer and Ellington were on the opposite side, a little distance beyond Mr. Bellchambers' shop, and Feary was nearer to my house on the same side—it was between one and two o'clock in the day—I saw Feary walk to the other two prisoners, and then he went across to Mr. Bellchambers' shop, and then back to the others, then back to the shop, then back to the others, and then to the shop again, and the third time he went in a hurried manner, and made an attempt at something, I could not see what it was—the moment he grasped it, the other two walked off, and Feary ran after them towards Wandsworth—I went down, and gave information to Walker—I then went out of my back-door across the gardens under the Richmond Railway, and saw the prisoners close to the main arch—I came behind them, and caught them—they saw me just as I came up, and one of them, I think Feary, said, "Let us cut"—one of the others made answer, "No, d—n it, let us stand our ground"—I then beckoned Walker to come on—he came, and they were taken.
ABSOLOM RANECKLES . I am shopman to Mr. John Edward Bellchambers; he sells clothes and caps, and boots and shoes. On 6th Feb., I heard a noise outside the shop-window—I went out, and missed a coat and a cap from the front of the door-post—the cap was fastened to the coat—I had seen them safe a few minutes before—I found the coat in a meadow adjoining the shop, by the side of the road going towards Wandsworth—there are wooden pales by the side, and it was three or four yards from the pales—this is the coat and cap—I know the cap, because it is exactly like the one I lost, and what I have got—I had not sold a cap that day at all like it.
GEORGE SKINNER . I live at Wandsworth. I was working for Mr. Carter, in a garden, near Mr. Bellchambers'—it joins the Wandsworth-road—I saw Stringer and Ellington coming from a heap of bricks, where this cap was found, about twelve yards from the road—it was between one and two o'clock in the day—they walked on to the end of the road—they made a stop, and looked round towards Mr. Bellchambers' shop—they went back a little way; they then went forwards, towards Wandsworth—I afterwards saw the officer bring the prisoners back, and I pointed oat the heap of bricks.
Stringer's Defence. I know nothing about it.
Ellington's Defence. I went in to get a pint of beer, and then went and got some bread and cheese at a chandler's shop; I was then going on towards Wandsworth, and was taken.
(Ellington received a good character.)
STRINGER— GUILTY . Aged 18.
ELLINGTON— GUILTY . Aged 17.
Confined Two Months.
FEARY— GUILTY . * Aged 16.— Confined Four Months.
GUILTY . Aged 18.— Confined Three Days.
The ownership of the property not being proved, the prisoner was
MR. W. J. PAYNE conducted the Prosecution.
THOMAS BURTON . I am ostler at the Bull, at East Sheen. On 7th Feb. I put a pair of boots under a settle in one corner of the tap-room, where the prisoner sat, about five o'clock in the afternoon; and I saw him there at eleven that night, and at that time I saw my boots safe—I then went to put up the shutters—when I came back the prisoner was gone, but he came back again, and finished his beer—I missed my boots the next morning—these are them (produced.)
Cross-examined by MR. HORRY. Q. Were there a number of persons in the tap-room? A. No; only one, that was William Home; but he was gone before I went to fasten up—the prisoner was in the tap-room—
I am certain these are my boots—I was not uncertain when I was before the Magistrate—the case was remanded that the shoemaker might be there—I saw my boots again on the Monday after I lost them, in the prisoner's room—he was in custody—the officer took them away—the shoemaker would not swear to the boots; he did not like to do it—I had worn them a little better than three months—I know them because the stiffeners of both were down inside, and the tips of the plates were off—I have no doubt these are mine—I inquired about them the next day.
JAMES WEBB (police-sergeant, V 38.) On Monday, 10th Feb., I found these boots in a box in the prisoner's room—immediately I took them up, the prosecutor took them and said, "These are my boots; I will swear to them"—I had the prisoner then in custody on another charge.
Cross-examined. Q. Have you not seen the prisoner wear boots like these a long time? A. I do not know what he wore—these boots are common in the country.
GUILTY . Aged 26— Confined Six Months.
WILLIAM BUCKNELL LEMON . I live in Penton-terrace, Kennington-road. Last Saturday evening, between nine and ten o'clock, I was coming from the Walworth-road towards Newington Church—I felt a pressure behind me—I turned, and there were three young men, and the prisoner, who was one of them, had his hand in my pocket—he could hardly extricate it, before I struck him on the head with my stick—he had this handkerchief, which is mine, in his hand; he took it with him about four or five yards—he then dropped it—I took it up, and pursued him round the corner, when I collared him, and kept him till the policeman came—I am sure he is the man—I left the other two behind when I ran after the prisoner—I saw them as I was coming from the station—they asked if I had given him in charge—I made no reply.
GUILTY . **— Transported for Seven Years.
CHARLES KEDGE . I live at 12, Prospect-place, Old Kent-road, and am a furniture-dealer. On 26th Sept, 1849, I missed a chair from ray front door, about half-past seven o'clock in the evening—it was exposed for sale—I had seen it about a quarter of an hour before.
JOHN THOMAS HENRY DREW . I live in St. James's-grove, near the Rosemary Branch, in the Commercial-road. I am a traveller—on 21st Sept., 1849, I was in Prospect-place—I lived then in Charlotte-street, in the Kent-road—I was at the Royal Fort, beer-house, in Prospect-place,
between seven and eight o'clock in the evening—I saw a cart drive up with two men in it—it came in a direction from the canal-bridge, and stopped opposite Mr. Kedge's door, between that and the wheelwright's on the other side Mr. Kedge's door from me—I saw the prisoner—he came and looked me in the face—he was walking on the pavement—I had never known him before—it was about half-past seven—it was rather dusk—the lamps were lighted at the Royal Fort beer-house—the prisoner came right up to me—he did not speak—I had a good opportunity of seeing his face—I am quite sure he is the man—after he looked roe in the face he went to Mr. Kedge's shop, and I saw him take an easy chair and put it over the back of the cart—he then got over the back of the cart, and got into it, and they drove away very fast indeed—it was a light spring cart—I gave information to Mrs. Kedge immediately—I saw the prisoner again on the 6th Nov., 1849—he was in custody at Marlborough-street—I pointed him out.
Prisoner. He swore to me by my clothes when I was at Marlborough-street. Witness. He had on a corduroy jacket, fustian trowsers, and a netted cap.
GEORGE QUINNEAR (police-sergeant, P 1.) I received information of this about 21st Sept., 1849, from Drew—he gave me a description, and I knew the prisoner—I went in search of him, but saw nothing of him till the 6th Nov., when he was in custody at Marl borough-street on another charge—there were several persons in the passage, and Drew selected the prisoner—no one pointed him out to him—he was sentenced to three months on that charge—I went to apprehend him, when he was discharged from that, but I mistook the proper time, and when I got there he was gone—I next saw him on 21st Feb., 1851, at a public-house door in the Mint, in the Borough—I did not take him as I was on my way to the Judges Chambers—I gave information to another officer who was in search of him.
Prisoner. This man has teen me about with fruit on my head; I have passed him. Witness. I have not seen him; I should certainly have taken him if I had.
Prisoner. Since I came out from the three months, I have been getting an honest living by selling fruit. Witness. I have been looking for him ever since he came out of Totbill-fields, but I have not been able to find him.
JOHN STOREY (City-policeman, 414.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted, March, 1847, and confined nine months)—the prisoner is the man—he belongs to a most notorious gang.
GUILTY . Aged 19.— Transported for Ten Years.
JAMES BUTCHER . I keep a beer-shop in Waterloo-road, Lambeth. I lost some lead from the kitchen of my house—the policeman called on me with this lead on 15th Feb., I then examined and missed it—it is a portion of the old lead that I had down in my kitchen—about forty feel
of piping was missing—here is about eight feet—the prisoner had been working on my premises for some weeks as a bricklayer's labourer.
CHARLES REVELL (policeman, L 175.) I saw the prisoner on Friday evening, 14th Feb., about half-past seven o'clock—there was another person with him, who I believe was Goodwin—I stopped the prisoner, and asked what he had about him—I thought his pockets appeared bulky, and I had seen him loitering about a marine-store shop—he said, "Only a bit of lead-pipe that I picked up round the corner"—I put my hand into his pocket, and found a portion of this lead-pipe—my brother-officer took a portion of it from his other pocket—he had it doubled up, so that it laid close in his jacket-pockets—he said he found it standing against a wall round the corner—I said it was a very unsatisfactory account, and I took him to the station—he had turned a corner, but I had seen him, and if he had picked the lead up I should think I must have seen him.
WILLIAM WESTON (policeman, L 65.) I was with Revell, and helped to search the prisoner—I took the rest of this lead-pipe—I took it to the prosecutor's the next day—I examined the kitchen, and found lead which corresponded with this—it was of the same size as this, and was similar pipe—it was in a length—I could not find that the ends of this pipe would fit the ends of that in the kitchen.
JAMES BUTCHER re-examined. I have no mark on this lead, but this is similar to what I had—it was long pipe rolled up—I had seen it safe about a week before—the prisoner had worked there for a month—he had worked there on 14th Feb.—Goodwin was a labourer there—the prisoner did not work in the kitchen, but he had to go down there; I saw him go down.
Prisoner. I did not steal it; I found it.
NOT GUILTY .
Before Mr. Common Serjeant.
WILLIAM NOAKES (policeman, M 104.) On 21st Jan., between seven and eight o'clock at night, I saw the prisoner coming out of Bermondsey New-road, in a direction from Mr. Harris's, carrying a bundle—I asked what he had got; he said leather, and he was going to take it to Mr. Johnson, a shoemaker, in Dover-road, and he had brought it from Mr. Harris's, at Star-corner—I took him—I weighed this leather; here is 10lbs. of it.
WILLIAM NEWMAN HARRIS . I know this leather by the journeyman's marks that are on it—I can swear to it as being mine—the prisoner was my journeyman—he had no authority to carry away this leather—I did not send him with it to Mr. Johnson—I had seen it three or four days before 21st Jan.—the prisoner has been with me three years, and always behaved well—I should have no objection to take him back to-morrow.
(The prisoner received a good character.)
GUILTY. Aged 23. Recommended to mercy by the Jury. — Confined Seven Days.
this handkerchief from a gentleman's pocket—I stopped the prisoner, and took him to the gentleman, and showed the handkerchief to him—he said his time was more precious to him than his handkerchief, and he did not give his name—the prisoner said as the gentleman would not appear he might as well let him go—I took him to the station.
JOHN UNDERWOOD (policeman, L 66.) I produce a certificate of the prisoner's former conviction, at this Court—(read—Convicted Aug., 1845, and confined three months)—the prisoner is the person—he has been a regular associate of thieves, and been several times summarily convicted.
GUILTY.— Transported for Seven Years.
ADJOURNED TO MONDAY, APRIL 7TH.