CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. SIXTH 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, April 7th, 1851.
PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORER; Mr. Ald. CHALLLS; and Mr. Ald. CARTER.
Before Mr. Recorder and the First Jury.
GUILTY of a common Assault. Aged 32.— Confined Three Months.
NEW COURT.—Monday, April 7th, 1851.
PRESENT—Sir JOHN KEY, Bart, Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MESSRS. ROBINSON and THOMPSON conducted the Prosecution.
WILLIAM BALDRY . I live at Twickenham—I know the prisoner. On 17th Feb. he came to me and said he knew a gentleman who wanted to buy a cob—I showed him one, and let him have it to show to the gentleman—he brought it back, and said he had not seen the gentleman—I saw him on 18th Feb.—I had a little pony—the prisoner asked me if I would sell it—he said he thought the cob was too big for the gentleman—I told him the pony was not for sale—nothing else passed respecting the pony—I gave him no authority whatever to take it away—I saw him again on the Thursday—he said, "If you would sell this pony I could make a good bargain"—I said, "Yart, it is not for sale, don't you take it away"—I was then absent till the Friday—I then ascertained that the pony was gone—I went to a house the prisoner was keeping for a gentleman, and saw his wife—I could not get information where he was—I valued the Pony at 10l.
Cross-examined by by MR. RIBTON. Q. Has the prisoner been in the habit of selling horses for you? A. No; two years ago he lived in my service—he was then in the habit of selling cows and calves for me, but not horses—when he brought the cob back he asked me whether I would give him permission to take it again, as the gentleman was not at home—I said I would rather the gentleman would come and see it—he said, "It is only at Acton, about five miles off; if you will allow me to ride it over, I think I can sell it"—I gave him permission—I did not say anything about his riding the cob and leading the pony—I will swear I did not say "Ride the cob and lead the pony"—he took the pony on the Thursday—I heard of it on Friday—I saw the prisoner on Saturday—I said, "What have you done with the pony, Charley?"—he said, "I have taken it to show to the gentleman where I took the cob at Acton"—I said, "Do you know that I told you you should not take the pony away; the pony was not for sale?"—he said, "Well I have not sold him; I will go and fetch him back"—I am not anxious to convict the prisoner—I have never said I would do for him—I know Charles Gates, who lives at Staines—I did not say to him, "D—n him, I will do for him"—I said I thought he was a man that ought not to be at liberty in England.
MR. ROBINSON. Q. He said he had taken it to a gentleman at Acton, but had not sold it? A. He told me he had sold the pony at Acton—I said, "What have you sold it for?" and he said, "I have not sold it exactly; I can go and get it back again"—I said, "You go and fetch it back, or I will have you charged with stealing it."
WILLIAM FITZWATER . On 20th Feb. I was in the lane where Mr. Baldry's stable is at Twickenham—I saw the prisoner go in and get the cob out and the little pony—he went down the back lane with them—I had seen him and Mr. Baldry together, and heard him ask Mr. Baldry whether he would sell the little pony; Mr. Baldry said he would not.
Cross-examined. Q. Are you in Mr. Baldry's employ? A. Yes; I do farm-work in the fields—I did not think there was anything wrong—it was about eleven o'clock I saw the prisoner with Mr. Baldry—it was about an hour afterwards that he took the pony away—I had known him a good while.
JOHN FULKER . I am a coachman, of Albion-mews, Hyde-park. The prisoner came to me on 27th Feb., and asked if I knew Mr. Collins, and if I wanted to buy a pony—I said I did not know—he said this one was a very quiet one—I bought it for six sovereigns; this is the receipt—" Bought of Charles Yart, 1 pony, £6."
Cross-examined. Q. Did he tell you he had been recommended to you by anybody? A. Yes; by Mr. Collins, who keeps the "Queen of England," in Hammersmith-road—he left it with me on the Thursday—we tried it on the Friday morning, and then I gave him the money.
WILLIAM BURRIDGE (police-sergeant, V 1). I apprehended the prisoner on Sunday, 2nd March. I told him Mr. Baldry had been looking after him for stealing a pony—he said, "Mr. Baldry authorized me to sell it"—I asked him what he had done with it—he said, "I have sold it"—I took him to the station; he then said he had sold it to Mr. Fulker, Albion-mews, Hyde-park—I found on him 4l. 7s. 10d.
MR. BALDRY re-examined. On Thursday, the prisoner came to me, from ten to twelve o'clock—I was then at the stable-door; the boy Fitzwater
was standing by; he was close to me—I had no conversation with the prisoner at any other part of that day.
MR. ROBINSON. Q. What time did you go away on the Thursday? A. I suppose about half-past eleven; I do not know whether the prisoner knew that I was going from anything I said—he saw me going away with the horse and cart. (The prisoner received a good character.)
GUILTY . Aged 27.— Confined Twelve Months.
GUILTY . † Aged 18.— Confined Twelve Months.
GUILTY . † Aged 23.— Confined Six Months.
GUILTY . * Aged 17.— Confined Twelve Months.
ALFRED LAMB . I am a wine-merchant. I was in Crutched-friars on 11th March, about a quarter-past four o'clock, and saw the prisoner take the handkerchief out of the prosecutor's pocket, and put it into his own—I took hold of him—he took it out, threw, it down, and said another boy dropped it.
Prisoner's Defence. I was walking along—a young man took the handkerchief, and gave it to me—when I was taken, I threw it down—the young man ran away.
MICHAEL HAYDON . I produce a certificate of the prisoner's conviction at this Court—(read—Convicted April, 1849, having been before convicted, unfitted twelve months)—I was present; he is the person—I stopped him on London-bridge on 30th Dec, and found six handkerchiefs in his hat—he then had one month.
GUILTY Aged 16.— Transported for Seven Years.
JOHN NICHOLLS . I know the prisoner. I occasionally employed him three or four years ago—in Dec, 1848, I was living at 49, Fetter-lane—became there every day—he came there on 18th Dec, 1848; but I was not there; my wife informed me so—I had hung my watch up by the side of the fire-place, with a guard attached to it, before I left home, about eleven o'clock in the forenoon—I came back a few minutes before twelve, and missed it—I did not see him again till last Feb.—I found him in Ratcliffe-highway—I said, "You are a pretty fellow to serve me as you have done"—he said he was about calling on me—I said he had stolen my watch—he said he bad done it, and he was sorry for it; he was
very much distressed at the time, and offered to settle it—I gave him in charge.
MART NICHOLLS . I am the wife of John Nicholls. I know the prisoner—I recollect his coming to our lodging on 18th Dec, 1848—I had a watch hanging by the side of the fire—I went to the window to wash my hands—the prisoner said he was cold, and went to the fire—all at once he said "Nicholls (meaning my husband) is calling me," and ran out—when my husband came home he missed it—no one had been there but the prisoner—I did not leave the room at all.
Prisoner. Q. When I came to your place you were looking out of the window? A, No; I was washing my hands—my door was not open—no visitors came.
ANN DUDBRIDOE . I am the wife of James Dudbridge, and the daughter of the prosecutor. I know the prisoner—I met him in the street last June, and said, "You have taken my father's watch, have not you, George?"—he said, "Well, I have; I was in very great distress;" I said, "What have you done with it?"—he said, "I sold it right out to a German Jew; do you think if your father meets with me he will give me into custody?"—I said, "I don't think, but I am sure he will"—he said, "I hope not, for I wish to call on your father, and pay him so much a week off."
Prisoner, Q. Where did you meet me? A. In Whitechapel—I was not drinking with you; you asked me to have something to drink, and I refused; I did not have any gin.
Prisoner's Defence, I never was in prison in my life before; I know nothing of the watch.
GUILTY . Aged 27.— Confined Six Months.
GUILTY Aged 18.— Confined Six Months.
NATHANIEL RIX . I was in Fenchurch-street on 9th March, about ten o'clock at night. I was spoken to by a gentleman, and found I had lost my handkerchief—this is it—I had bad it safe in my pocket half an hour before, or less—I followed the prisoners, who were together, and saw them taken—the handkerchief was found on one of them at the station.
JOSEPH BAUM . I am clerk to a merchant in Lombard-street. I was in Fenchurch-street on the night of 9th March—I saw Mr. Rix with another gentleman—the prisoners were following them—Collins took a handkerchief out of the prosecutor's pocket, passed it to Isaacs, and they both walked away together—I told the prosecutor, and we followed the prisoners, and gave them into custody—I saw the handkerchief found on Isaacs at the station.
Collins's Defence, I did not know this boy; they came and took me for picking a gentleman's pocket; I said I did not.
COLLINS— GUILTY . Aged 14.— Confined Four Months,
GEORGE FOSTER (City-policeman, 425). On 8th March, about twenty minutes past four o'clock, I was in Cheapside—I saw the two prisoners together—Brown walked up to Mr. Sparkhall's shop-door, and laid hold of this piece of cloth, which was fastened to the figure of a man; she palled it, but did not get it away—Collins directly snatched it, and was making away with it, trying to conceal it under her shawl—I laid hold of her when she had got eight or ten yards from the door—the prisoners were both together—I laid hold of both of them.
BROWN— GUILTY . Aged 18.
COLLINS— GUILTY Aged 18.
confined six months
OLD COURT.—Tuesday, April 8th, 1851.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. RECORDER; and Mr. Ald. CARTER.
Before Mr. Recorder, and the Second Jury,
GUILTY Aged 18.— Confined Four Months.
ROBERT SHEPHERD MILLER . I am a clerk in the employ of Messrs. Daniels and Payne, iron merchants, of Thames-street. On 27th Jan., about a quarter to eight o'clock in the morning, I received this order from Skeggs—(read—"Star Foundry, 146, St. John-street, Smithfield. Messrs. Daniels and Payne,—I will thank you to deliver as under (specifying a quantity of iron). Signed, for H. E. Batchelor, GEo. F. HOPPING.")—Mr. Batchelor was a customer—we had executed similar orders for him before, and we executed this to the extent of two tons and a half, twenty bundles of half-inch square mitre—we had not got any more—I did not tee the iron loaded myself—Fawcett executed it.
Cross-examined by MR. ROBINSON. Q. Have you often executed orders which have been signed in that way? A. Yes; I can hardly say the number of times; about six, I suppose, within the last nine months—the last one might have been a week before this.
EDWIN SKEGGS . I am in the employ of Mr. Sharpe, town carman, of Aldersgate-street. On 27th Jan. I took a paper, done up in an envelope, which I received from my master, to Daniels and Payne, and delivered it to Mr. Miller—I received two and a half tons of iron, and took it to Bishopsgate-street, where I saw Brown in the, street—I had not seen him
before—my master had pointed him out to me in Barbican, as I went to Bishopsgate-street, and when I got there I saw him again—he told me to follow him up Artillery-lane—I saw Hopping with him, but I did not know it was him till afterwards—he was not with him when he told me to follow him to Artillery-lane—I unloaded in Artillery-lane, and Brown took it up a passage—Hopping was standing by at the time—when I had unloaded, Brown told me to go and stop at a public-house, and said, "I will come to you"—I went to a public-house at the corner of Long-alley, Sun-street, about three minutes' walk off, and stopped till they both came, and one of them, I think Brown, asked me to have some beer—we had some beer, and Hopping gave me 2s.; and they both told me, if anybody asked me anything about it, to tell them I unloaded it into a country wagon—we all three came out together—they walked on before me, and I missed them at Finsbury-square, and went back to my employment.
Cross-examined. Q. You got the 2s. for yourself? A. Yes; they both told me to say that I had loaded it into a country wagon—I thought it was perfectly right—I did not know what they were—it was something out of the way to receive 2s. from persons in their position—I had no doubt when I was before the Magistrate about Brown being the man—I was not charged with anything before the Magistrate—I was held to bail, and my master was bail for me—Brown was not discharged at Guildhall; he was at the station.
MR. PARRY. Q. Was be afterwards apprehended? A. Yes; my master entered into recognizances for me to appear as a witness.
GEORGE SHARPS . I am a town carman, in Aldersgate-street; Skeggs is in my employ. On 27th Jan. I sent him with an order, which I found at my. house, with orders to send a cart to Daniels and Payne's—the parties who left the letter said there would be a clerk meet the carman at the wharf, to tell him where to take it—I met Skeggs in Aldersgate-street, and pointed Brown out to him—he said he bad been to my house the night before, and wanted to know if it was come—I said, "Yes, and the man has been up here to know where he was to take it to"—he said it was to be taken to Bishopsgate-street.
ALFRED THOMAS BATCHELOR . I carry on business at the Star Foundry, St. John-street; Hopping was in my employment, and left four or five days before the 27th Jan.—I believe this order to be his writing—I gave him no authority to write it—he had frequently written orders on my printed forms—I have missed blank printed forms from my order-book (produced), there are two or three blank counterfoils here—this order does not fit either of those—this part is printed "Star Foundry, 14s. St. John's-street, Smithfield. I will thank you to deliver to bearer as under for A. T. Batchelor"—this is the first book of the sort I have had—if an order had been sent with my authority there would be a counterfoil filled up.
Cross-examined. Q. Is there any place from which these forms have been taken? A. Yes; some of the counterfoils are in my writing—I had no other book—I had had two or three patterns previous to the book being made—I saw Hopping destroy two or three of them, and the fourth was sent to the Zinc Mills, this "28 lbs. of tin pipe" is my own writing, after Hopping had left me—this writing, on 16th Jan., is Hopping's—the entries were made in the counterfoils at the time the
orders were written—I have given other orders besides those that are altered on the counterfoils—I may have given 100 orders during this year—every one that I have ordered has been executed—I had ordered ten or twelve tons of bar-iron from Messrs. Daniels and Payne previous to this—I have counterfoils of that in separate parts; it was sent for at I required it—I have written my orders on invoices since this book has been in the custody of the police—I do not remember an order for two tons of ingot copper from Mr. Bird—I think I do remember an order for a ton of spring-steel from Pace and Co., of Sheffield; it was a verbal order, which I give to the agent himself—I gave an order for a quantity of files to Henri. Fisher and Bramell, of Sheffield; that was written on a piece of note-paper, because the paper would not hold it—I gave no order to the Birmingham Cutnail Company for three tons of coals, nor for a quantity of files from Sheffield—Hopping had left my service five or six days before this order was written—he bad no settled wages; be was to be remonerated for what he did—I did not require him wholly and solely; he was to make out a few bills, and do what was required, as my work was so dirty—be was six or seven weeks in my service, and may have received 5l., 6l., or 7l.—he may perhaps have signed twenty or thirty orders for me in his own name—he has never written his own name to orders when I have put mine—there has not been any joint order, to my memory; I will not swear either way—I do not think my name has been appended to any order with his—I was not in pecuniary difficulties while he was with me, nor am I now—I do not think he has pledged anything for me; I do not think he has pledged my watch for me; I do not know whether he has or sot—I never authorized him to do it—my watch has been out of my possession—I knew where it was—I do not recollect a wagon coming with tome spring-steel from Messrs. Daniels and Payne's, or any other place, when there was an amount of wharfage and cartage to pay upon them which I could not pay, nor did I give Hopping my watch to pledge for 30s. to pay the charges—I swear that—I never got him to sign a bill for me—I never asked him; I swear that—there have been no conversations between us about his signing bills for me—I did not ask him to accept a bill for me at three months for 65l.—I know a person named M'Cabe—he vu never in the habit of getting bills discounted for me, or borrowing money for me; he frequently disposed of goods for me—I directed Hopping to draw a bill on Mr. Woodyer—I put my own name to it, I did not authorize him to do it—I endorsed it myself—I never gave Hopping authority to write to different houses, and use his own discretion in getting goods; that I swear—he has never given an order for goods without my sanction which I have afterwards received—I never told him if he could open an account for me I would pay him for it—I never sent orders to Messrs. Thompson and Foreman—I never sold iron or files, or any other property, at a considerably less price than I have paid for them. MR. PARRY. Q. Are these printed forms more useful for town orders than country? A. Yes; country orders I have been in the habit of giving by letters with printed heads to them—Hopping wrote better than me—I discharged him—I still carry on business.
on 1st Feb.—he said at first that Mr. Batchelor knew all about it—when we got to Aldersgate-street, he said he was a great fool for not telling Mr. Batchelor before what Brown wanted him to do; he meant to tell him, but he did not tell him that Brown had been some time persuading him to get these orders.
Cross-examined. Q. Were you before the Magistrate? A. Yes, but was not examined—I had told the solicitor what Hopping had stated.
HOPPING— GUILTY Aged 28.
BROWN— GUILTY . Aged 50.
confined six Months.
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
(MR. SANDERS offered no evidence).
NOT GUILTY .
NOT GUILTY .
GUILTY Aged 40.— Confined Three Months.
GUILTY . Aged 32.— Confined Two Days .
GUILTY . Aged 19.— Confined Three Months.
NEW COURT.—Tuesday, April 8th, 1851.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 19.— Confined Four Months.
YOUNG pleaded GUILTY . Aged 19.
YOULE pleaded GUILTY . Aged 22.
Confined Twelve Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 22.— Confined Six Months.
831. CHARLES COWLEY and JAMES MOORE , stealing 1 purse, value 6d., 2 half-crowns, and other moneys; the property of Eliza Rippon Hatfield, from her person; Cowley having been before convicted: to which COWLEY pleaded
GUILTY . Aged 18.— Transported for Seven Years. MOORE pleaded GUILTY . Aged 19.— Confined Six Monthts.
GUILTY Aged 25.— Transported for Seven Years.
GUILTY Aged 23.— Transported for Seven Years.
GUILTY Aged 17.— Confined Six Months.
GUILTY Aged 27.— Confined Six Months.
GUILTY Aged 64.— Confined Six Months.
GUILTY Aged 24.— Confined Six Months.
GUILTY Aged 18.— Confined Six Months.
GUILTY Aged 18.— Confined Six Months.
MR. BODKIN and MR. ELLIS, Jun. conducted the Prosecution.
JOHN SMITH . I am servant to Mr. Thomas, a grocer and cheesemonger, in Queen's-road, Chelsea. On 21st Feb. the prisoner came for a bit of bacon; I sold him a bit for 4d.—he gave me a 4d.-piece—after he was gone, I found it was bad, marked it, and put it into my waistcoat-pocket—the 4d.-piece went in the waistcoat, with other things, to the wash, and came back again—I kept it till the prisoner was taken by the policeman, and then gave it to him.
WILLIAM COZENS . I keep the General Elliott, at Chelsea. On 3rd March, the prisoner came about half-past ten o'clock at night—he had half-a-pint of porter; he gave me a shilling—I bit it, and told him it was bad—he said he did not know it—I called in the policeman, and gave him in charge.
Prisoner. I did not know that the shilling was bad.
GUILTY Aged 17.— Confined Six Months.
MR. BODKIN and MR. ELLIS, Jun., conducted the Prosecution.
WILLIAM THOMAS HYDE MAPLESDEN . I live in Aylesbury-street, Clerken well. On 25th March, the prisoner came, about half-past twelve o'clock at night, for a penny mince-pie. I looked at my wife, she went up-stairs and brought down two counterfeit pennies—the prisoner put down a penny—I told him it was the same sort as what he had uttered before—(I had seen him before)—I cut the penny he put down before his face, and told him I would give him in charge—he said, "For God's sake, don't do that; I will give you anything if you do not give me in charge"—I told him I wanted nothing but justice, and I called the policeman—the prisoner made great resistance, and struck me twice in the ribs with his elbows—I gave the penny-pieces to the policeman.
ALFRED GILES (policeman, G 208). I took the prisoner—when we got about ten yards from the shop, he dropped four counterfeit farthings—I picked them up—he proceeded about twenty yards further, and he dropped three bad penny-pieces—I picked them up—he resisted very much—I found four counterfeit pence in his trowsers' pocket, a quantity of good farthings, and 3d.—worth of good halfpence—there was one counterfeit farthing with the good ones—I received from the prosecutor one penny, which he had offered at that time, and two others that he had given him some weeks previous.
Prisoner's Defence. I went to two or three public-houses, and got intoxicated; I then saw a man with baked potatoes; I purchased one with a shilling, and he gave me this change of the shilling.
GUILTY . Aged 24.— Confined Twelve Months.
MR. PAYNE and MR. ELLIS, Jun., conducted the Prosecution.
GEORGE WICKS . I live at Knightsbridge. On 22nd Feb. the prisoner came for a pennyworth of hair-pins—she tendered me a bad sixpence—I gave her change, and followed her out of the shop—I lost sight of her, but I saw a policeman, and gave him a description of her—I marked the sixpence, and gave it to the policeman—next Saturday evening the prisoner came again—I knew her directly, and sent my young man for. a policeman—she asked for the smallest bottle of oil I had—I gave her one at 2d.—she put down a shilling on the glass—I took it up, closed the door, and told her she was my prisoner—the shilling was bad—I marked it, and gave it to the policeman.
Prisoner. You said you knew me perfectly well, and that you had given your children a bad shilling that I had passed before. Witness. That is perfectly right—I had seen you three times before.
Prisoner's Defence, I deny ever having been at the man's shop before.
GUILTY . Aged 31.— Confined Six Months.
MESSRS. PAYNE and ELLIS, JUN., conducted the Prosecution. FRAKCES ROBINSON. I am barmaid at the Queen's Hotel, Queen-street, Soho-square; Mr. Martin is the landlord. On 14th March the prisoner came in, and had half a quartern of gin—she gave me a bad shilling—I gave it to Mr. Martin—he could not see very well, and a gentleman standing by took it out of his hand, and said it was bad—the prisoner said she thought it was not bad—she was very insolent, and threw the gin over the gentleman who said it was bad—she then paid with a good shilling, and left—we could not find a policeman—the came again on 28th March for half a quartern of gin, and tendered a bad shilling—I bent it, and told her she was the same woman that had come before with a bad shilling—she denied ever being there—I showed the shilling to Mr. Martin, and he recognized her, and said the shilling was bad—she said she did not know it was bad—Mr. Martin sent for the policeman, and gave her in charge.
Prisoner. I never was in the shop before; you said you knew me by my bonnet and shawl. Witness. No; I said I knew you.
WILLIAM MARTIN . I keep the Queen's Hotel. On 14th March I was in front of the bar, Robinson was inside; she passed a shilling to me over the bar, and asked if it was bad—I passed it to a gentleman I was talking to, and he said it was bad, and bent it—the prisoner then paid a good shilling, and received the change—the gentleman said she ought to be given in charge, and she threw the gin over him—I could not get an officer—the prisoner made a disturbance, and I let her go—on 28th March I was in the bar, and my attention was directed to the prisoner again by the barmaid, who gave me a shilling, and said it was bad—I looked at it, and said it was—I went to the door, and stood till the officer came—the prisoner said she had never been in the house before—I gave her in charge, and gave both the shillings to the policeman—I had kept the first shilling in my pocket—this is it—I marked it, and this is the second shilling.
WILLIAM FASSNIDGE (police-sergeant, C 73). I took the prisoner on 28th March—Mr. Martin gave these two bad shillings to me—the prisoner denied ever being in the house before—she said her sister gave her the shilling—she gave an address at the station, which I found to be false. WILLIAM WEBSTER. These shillings are both bad. Prisoner's Defence. I went for half-a-quartern of gin, and gave her a shilling; I was never in the house before.
GUILTY . Aged 28— Confined Six Months.
MR. PAYNE and MR. ELLIS, Jun., conducted the Prosecution.
FREDERICK CLARK . I keep the Mitre Tavern, Notting-hill. I saw the prisoner about 12th Feb., or within a day or two of it—she came for a glass of spirits, which came to 2d.—she gave me a shilling—I gave her a sixpence and a 4d.-piece—I threw the shilling into the till, where there
was a few sixpences and 4d.-pieces, but no shilling—I had just taken the shillings out—I thought from the prisoner's hurrying out that there was something wrong—I took the shilling out when she bad been gone about a minute; it was bad—I went to the door, and saw she had gone some twelve doors off—I thought she would come again, and did not follow her—I put the shilling in a glass on the mantel-piece—I had bent it a little—it was a peculiar white one—I saw the prisoner again on 22nd March—I recognised her before she asked for anything—she asked for 1 1/2 d.-worth of gin, and put down a counterfeit shilling—I said, "I have caught you at last; you passed a bad shilling here about a fortnight ago"—she said she had never been in the house before—she gave me another shilling—I gave her in charge—I gave the policeman the shillings—the first one had been in the glass ever since—these are them—this is the first one; it hat a very white appearance.
Prisoner, Before he gave the shillings to the policeman, he gave them to some gentleman, who took out his purse and compared them with what he had; he said, "I don't think this bad;" the landlord said, "They are both bad;" I saw no more of them till at the station; the policeman was there at the time the gentleman was examining them.
MR. CLARK. They never went into anybody's hands but the policeman's—there was no gentleman there.
GUILTY . Aged 40.— Confined Six Month.
MR. BODKIN and MR. ELLIS, Jun., conducted the Prosecution,
MARY ANN GOFF . I live at the Cherry Tree, in Kingsland-road. On 22nd March, the prisoner came for a glass of gin—I served her—it came to twopence—she gave me a shilling—I gave her 10d. change—I had some scruple about it—I took it in the kitchen, and my sister marked it with her teeth, and gave it to me—I returned to the bar, and the prisoner was gone—I gave the shilling to my brother.
HENRY ALEXANDER GOFF . I am the brother of the last witness. She made a communication to me about the prisoner—I went out, and saw her about sixty yards from our house, going from it—I said, "You must come back with me, for passing bad money"—she said, "Do I owe you anything?"—I said, "You must come back with me"—she said I was mistaken in the party; she would not go back—I took her hand—she resisted for some time—at last I took her back, and found my sister, who gave me this shilling—she said, in the prisoner's presence, that it was bad—the prisoner said we were mistaken altogether—I asked her for the 10d. change—she said she had not a farthing in the world—her right hand was closed—I said, "What have you got in that hand?"—she said, "Nothing," and put her hand behind her—with my sister's assistance. I opened it, and found in it this other bad shilling—she was given in charge.
Prisoner. Q. When you got to your house did you not say, "Is this the woman?" and she said, "No, it is not?" A. No; she said, "It is the woman; I will swear to her."
THOMAS SAUNDERS (policeman, N 187). I took the prisoner at the Cherry Tree—I received these two shillings—she was searched at the station, and some flour and other things ware found on her, and one halfpenny.
Prisoner's Defence. I was coming down Kingsland-road, and saw something glisten on the pavement; I stooped to it, and had scarcely railed myself up when I was seized in a very rough manner by this man.
GUILTY . Aged 58.— Confined Six Months,
ROBERT SHIPWRIGHT . On Tuesday night, 11th March, about half-past eleven o'clock, I went into the Mitre public-house—I saw the prisoner there—I had never seen her before—I am sure she is the person—there were two or three more girls with her—in consequence of something, I looked for my watch, and missed it, when I had been there about twenty minutes—I gave the prisoner into custody, in consequence of her being close to me at the time—this is my watch—I had looked at it when I went into the house.
Crots-examined by MR. WOOLLETT. Q. What are you? A. A town-traveller; this public-house is in Chancery-lane—I was waiting there for an omnibus—I was at the bar—I suppose there might have been a dozen there, but not near us—I believe I had a glass of stout to drink, and a mall glass of brandy and water—I did not help the women to some; they took it without my leave; the prisoner took some; I cannot say whether the other women did—I did not look at my watch during the time I was in the house—I know I had it when I went in—I looked for it, in consequence of my friend missing his.
THOMAS LECHT (City policeman, 342). I was in Chancery-lane—Shipwright came out of the Mitre Tavern, and made a complaint—I went into the house, and saw the prisoner and other women—the prisoner put her arm out; I caught it, and took this watch out of her hand.
GEORGE COOKMAN . I went into the Mitre Tavern with Shipwright and mother friend—we were there about twenty minutes when be missed hit watch—I know he had it when he went in—I saw him pull his guard out of his pocket, with the watch broken off—a policeman came, and I saw the prisoner put her arm out, as if to pass something to a female—the policeman took her arm, and found the watch.
GUILTY . Aged 20.— Confined Twelve Months,
OLD COURT.—Wednesday, April 9th, 1851.
Before Mr. Common Serjeant and the Third Jury.
a Bill of Exchange for 430l. 9s. 7d., with intent to defraud William Miller Christie and others: also, feloniously forging and uttering a bill of Exchange for 602l. 3s. 5d., with intent to defraud Edward Lloyd jun and others: also, forging and uttering a Bill of Exchange for 2l. 5l. 7s. 2d. with intent to defraud Edward Lloyd, jun., and others: to which he pleaded
GUILTY . Aged 49.— Transported for Fourteen Years.
GUILTY . Aged 22.— Transported for Ten Years.
Before Mr. Justice Erle,
850. JAMES SMITH , stealing, whilst employed under the Post-office, 2 Post-letters, containing 2 sovereigns and 1 sovereign: also, 1 letter, containing 2 sixpences; the property of Her Majesty's Postmaster. General: to which he pleaded
GUILTY . Aged 35.— Transported for Ten Years.
GUILTY . Aged 48.— Transported for Ten Years.
GUILTY . Aged 24.— Confined Six Months.
853. JOHN DENT BURKE , stealing, whilst employed under the Post-office, a post-letter containing 1 watch-case; the property of the Postmaster-General: also, 1 letter, containing 1 watch-case and 30 stamps: to which he pleaded
GUILTY . Aged 19.— Transported for Twelve Years.
NEW COURT.—Wednesday, April 9th, 1851.
Before Mr. Recorder and the Fifth Jury.
GUILTY . ** Aged 20.— Transported for Seven Years.
Before Mr. Baron Martin.
MR. THOMPSON conducted the Prosecution.
JANE JOHNSON . I live in Half Moon-passage, Aldersgate-street On 5th March, I saw the prisoner in the evening at a pawnbroker's door, at the corner of Edmund's-place, Aldersgate-street—I said, "Eliza, I have not seen you for many years"—she said she would wait for roe till I came
out of the pawnbroker's—I went in, and when I came out I did not like to stand talking in the street; I took the prisoner home with me—we spent two or three hours in the evening, and she stopped to supper—she left me about eleven o'clock—she went out, and came back again for some article that she had left—I was in bed; I let her in—I had my pocket under my pillow—I thought I felt her hand under say pillow—I said, "Is that my pocket fell down?"—she said, "Oh, no, it is all right"—she then went away—in the morning, a person named Wright came to take my shutters down, and she had my purse; it was in my pocket when I went to bed; there was 14s. 6d. in it, two half-crowns, and some small silver.
Cross-examined by MR. RIBTON. Q. At what hour did yon see the prisoner? A. At seven o'clock, at the pawnbroker's door—I did not say to her that I had not a farthing of money, and I would go and get some—I said I had half-a-crown—after I came out I spoke to her, and we went to a house and had a quartern of gin between us, and then went straight home—I met the washerwoman, and gave her 6d. that I owed her—I did not go any where with her; she is a woman I never drink with—I did not go to a public-house with her, and refuse to take some gin—I did not say I could not take any more, nor did she call in a cabman to drink—I had no rum before I went home—I got home a little after seven—we had another quartern of gin there between three of us—we had no ale, what little I do take is gin—I did not tell the prisoner after we had had this gin that I wanted to go out to look after a shop that I knew was to be let—I did not leave the house that night—I had supper about ten, I suppose—I had a drop of porter with my supper; I had no gin—I do not know whether the prisoner did not go for the porter—I think she did—I went to bed between eleven and twelve—there was a knock at the door afterwards—the prisoner came back—she did not go to bed with me—I did not ask her to sleep there that night—that was the only knock that came to the door that night—a man and woman came, who slept in the back parlour, a little after twelve—I felt the prisoner's hand under my pillow, but I did not like to say so; I said, "Is that my pocket fell down?" and the said, "No, it is all right;" but I found in the morning it was not right—I never put my hand under the pillow to feel if my pocket was there—I took her word—I know that I had 14s. 6d.—I cannot tell how much I had when I went to the pawnbroker's, it might be 3s. or 4s.—I got 10s. at the pawnbroker's—I only spent 4d. before I got home—I paid the washerwoman 6d.—I know I had 14s. 6d. in my purse when I went to bed—I did not receive any money after I got home; Oh, yes! I received 4s. from the gentleman and lady, which they owed me—they were friends of mine from Edinburgh—they had slept there nearly a week—they were going away in the morning—I swear there were not two men and two women slept there—I live by pawning my articles, and on what my daughters give me, one is married—I have been in trouble—I believe you know what for—I never was a thief in my life—I was in trouble about keeping an accommodation-home in Hare-court—that was last Aug. twelve months—I was in Newgate six weeks for trial—I have been three times in trouble, all for the same thing—the first time is ten or twelve years ago—I then had six months—the second was about seven years ago—I had three months—the house I now live in Is not an accommodation-house—I
have only two rooms—the back parlour is not an accommodation-place—I do nothing of the kind.
MR. THOMPSON. Q. Besides the pocket and the purse, you lost some other articles? Yes; three keys, a ring, a silver thimble, a knife, and fifty-two duplicates—I had seen them safe the same evening—I took them out of my box to put the ticket in, that I had been pawning for—I counted the 14s. 6d. over the last thing before I went to bed, after the man and woman came.
JAMES ORAM . (City-policeman 37). I produce fifty-one or fifty two duplicates and this pocket, which I picked up in Chapter-house-court, St. Paul's-churchyard, about six o'clock in the morning of the 6th March.
Cross-examined. Q. You did not see the prisoner then? A. No; not till I saw her at Guildhall.
ANDREW PATTERSON (City-policeman 87). I saw the prisoner on 6th March, about two in the morning, in Duke-street, Smith field—she had a sort of bag, like this pocket, with the strings twisted round her hand, and a red silk purse on a finger of her right hand—a dissipated woman, who goes about the street, was following her—the prisoner asked to be protected from her—she said she wanted to rob her, as she knew she had got 10l. worth of duplicates about her—I asked the prisoner where she lived—she said in Bull and Mouth-street—I said I would accompany her as far as that, and see her safe home—I went as far as the corner of Bull and Mouth-street; when we got there, she said she would not go home then, as she did not like to disturb them; she would go to a friend in the Strand—she went up King Edward-street, towards Newgate-street—I saw no more of her till I saw her in custody.
—MOLYNEUX (City-policeman, 293). I took the prisoner on 6th March, between twelve and one in the afternoon, in Johnson's house; she gave her in custody—I went to her lodging in Bull and Mouth-street—I there found three keys, a ring, and a silver thimble—I afterwards tried the keys to Johnson's boxes, and they all fitted them.
Cross-examined. Q. These articles were in your pocket? A. Yes; I saw the prisoner the morning after I lost my property—she came and asked how I was—she was very tipsy—it was about twelve o'clock—I immediately said she had taken my pocket; she denied it—I said then was nobody in the room after her—I said I did not care for anything but the tickets, for I had heard she had been spending the money—I begged and prayed of her to give me the tickets—she advised me to stop them it the pawnbroker's—she went with me to the pawnbroker's to pawn in unmade dress, because I said I had not a farthing to get the child a breakfast—I did not say if she would give me 2l. and 14s. 6d. I would not give her in charge—I did not say, "You can get 2l. if you like, and I will wait for 1l. till next week"—we had a quartern of gin—she did not go with me to make memorandums of the tickets—she did not remain many minutes—when I went home the officer was there—I had not given him notice to be there—I had left information at the station-house—I have been a widow twelve months—my name is on most of these tickets.
GUILTY . Aged 30.— Confined Nine Months.
ELLEN INGLIS . I am the wife of Frederick Inglis, of 13, Bull-and—Mouth-street. The prisoner occupied our second-floor front-room—she took it of me—the furniture was mine—the policeman came with the key of the prisoner's lodging; I then missed a blanket, sheet, and table-cloth, worth about 10s.—I did not give the prisoner any authority to pawn them.
Cross-examined by MR. RIBTON. Q. How long bad she been living with you? A, A fortnight; I do not know where she had lived before—I do out know that there was an execution in her lodging before—she came tome as a married woman—I am not anxious to press this charge.
EDWIN HARRISON . I am assistant to Mr. Baylis, a pawnbroker, in Aldengate-street. I produce this blanket and table-cloth, pawned by the prisoner on 3rd March—this sheet was pawned the same day, but not with me—these are the duplicates of them.
Cross-examined. Q. Did the prisoner and a man take the lodging? A. Yes, they were together; I believe her husband is a bookbinder.
GUILTY . Aged 30.— Confined Three Month more.
SUSAN WHEELER . I am the wife of William Wheeler, of Enfield. On Sunday, 9th March, I went up-stairs, and opened a box—I missed a dress, and my husband's trowsers and breeches—these are them; I had seen them safe about a fortnight before—on 6th March I had bees at work at Mr. Humble's—I left my house after dinner, a little before one o'clock—the window was shut, and not broken—on my return at night, I found it Woken—a person could then put in their hand and undo a button, which would enable them to open the window, which was large enough to admit a person.
THOMAS WILLIAM KILSBY . I am assistant to a pawnbroker. On 6th March, these articles were pawned with me by a female in the name of Ann Lambert—I have seen the prisoner before, but I should not like to swear she was the person—I may have seen her once or twice.
ELIZA SAUNDIRS . I am the prisoner's daughter; Mr. Wheeler lives four doors from my mother's. On the Thursday before I was before the Magistrate, I saw my mother with a pair of trowsers, a black dress, and a Pair of breeches, between two and three o'clock in the day—these are them—I am sure she had not been out of the house before that time—she had been out at the back-door—Mrs. Wheeler's place is fenced off by a hedge from the yard my mother went to—after my mother had tied up the
things, she went out, and took the bundle away with her—she did not bring it back; she brought back some tea, sugar, and butter.
Prisoner's Defence, The things were brought to me by Ann Webb; she came and asked me if I would let my little girl take a parcel; I said "Yes," thinking it was things for the mangle; I told her to lay them on the stairs; when I saw what they were, I went and asked Mrs. Webb what she brought them for; she said would I let my little girl pawn them, as she wanted to make up a little money; I said, "No," and shut the door and went about my business; Mrs. Webb was convicted here yesterday.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
JOHN ROURKE . I live at Isleworth. On Sunday evening, 16th March, I went from Isle worth to New Brentford, between six and seven o'clock—I went into the Red Lion-yard to see my brother—there were people walking about the yard—I did not see the prisoners there—at a little after seven, I was standing out in the road, and Maloney came up and hit me with his fist—then four women came up, and pulled my hair—I afterwards saw John M'Carthy—he hit me with a brick on the front of the head; be flung it at me—I could not get away—I saw Thomas M'Carthy there, and he flung a brick and hit me on the side of the head with it, after I had been struck with the other—they were pulling and hauling me about—I made my way to the Town Hall, and put my hand out—I do not recollect anything more.
Cross-examined by MR. PAYNE. Q. There was a row in the street? A. Yes, a great one; I could not say how many people were there—I was standing looking on—I did not interfere—I do not know whether there were two of different counties—I do not know that they all appeared nearly drunk—I was not drinking at all—I do not know that my brother belonged to any faction—I did not challenge Maloney to fight outside the house—he did not refuse—I did not knock him down—I did not hang my coat on the Tows Hall railing, and when Maloney got up, attack him again—I took off my coat to save myself, and gave it to a little girl, but not that I might fight better. Q. Were you not fighting with Maloney, and was not he down underneath you? A. No, Sir; Maloney and I fell together when be first hit me; he was not under me—Thomas M'Carthy did not come up and get Maloney away from under me—I did not strike Thomas M'Carthy and knock him down—I saved myself as well as I could—I struck back again after he struck me—I do not know whether there were thirty fights in the street, or whether they made a great noise; I heard a scream—I do not know whether there were as many as 300 persons, or whether Thomas M'Carthy came up after I had been returning the blow to Maloney; I did not see him—M'Carthy did not touch me at all till after Maloney had hit me and I had hit him again—I was not above five minutes at the place—I had been ten minutes or a quarter of an hour with my brother in the house—he lives in the Red Lion-yard—it does not belong to the public-house; it is at the back.
MR. RIBTON. Q. When you came to the Red Lion, the fighting was
not going on? A. No; it was after I came out that the row commenced—I was sitting for ten minutes or a quarter of an hour inside my brother's house—I heard a noise and cams out, and then this took place—Maloney struck me first—I took no part in the row—I only saved myself.
CHARLES BLAKE (policeman, T 177). On Sunday, 16th March, between six and seven o'clock in the evening, I was on duty, and heard screams in the market-place—I went and saw the prisoners, and a great many others, fighting—I tried to get them away, and could not—I sent for more instance—before assistance came I taw Thomas M'Carthy with a knife; like this, in his hand, stabbing Rourke—this knife was picked up—I saw Maloney holding Rourke by the collar, and Rourke fell—Thomas M'Carthy stabbed him once before he fell, and once afterwards—Thomas M'Carthy turned round, saw me, and tried to escape—I took him—I did not see John M'Carthy at that time—I could not identify him.
Cross-examined. Q. Was there a great row? A. There was—I mean to say that I saw distinctly and clearly Thomas McCarthy strike Rourke on the head with an open knife, when he was standing up and when he was down—the first time I could not see distinctly that it was a knife, but when he fell I could—as soon as Thomas saw me he turned to go away—I followed, and took him—I did not like to take him in the crowd, as I had no assistance.
JOHN BRADSHAW . On Sunday evening, 16th March, I was near the market-house, about seven o'clock—there were a great number of persons there—I did not know Rourke at that time—I saw two men fighting one, I could not say it was Rourke—I taw Thomas M'Carthy amongst the rest—a man came up to me and said, "Bradshaw, he has got a knife"—I then saw a knife in his hand—he reached over the heads of the two men that were fighting, and struck the third person with the knife—they were then all standing—I went up and took Thomas by the collar, and said, "Don't do that again, for God's sake"—he then went back and struck over their beads again with it—I think the man he struck was then little on the bend—the policeman came up, and I called his attention to it.
Cross-examined. Q. Were you on an omnibus? A. No, I was standing—I should think there were from 300 to 400 persons fighting—they were by the shop-shutters, and I was on the kerb—I was a stranger to all the parties—I think I was there a quarter of an hour—nothing Happened after the policeman came up.
WILLIAM WEBSTER . I am a surgeon, of Isleworth. On Sunday evening, 16th March, I was sent for to Rourke—I found him sitting in a chair, with several incised wounds in his scalp, made with a knife, or some cutting instrument—there were four wounds it the back of the bead, and two on the top, which were more severe than the others—they were about an inch and a half long—there was a contused wound on the side of hit neck—they had been bleeding profusely—they were not bleeding then—was a week under my treatment.
Cross-examined. Q. They were not dangerous? A. No; not likely to disable a man for life. Witnesses for the Defence.
BRIDGET COLLINS . I live at Brentford. On Sunday, 16th March, about seven o'clock in the evening, or a little after, I saw some persons coming out of the Red Lion—John M'Cartby came out first, and then Rourke, with others—I saw John McCarthy struck by Rourke's brother
and two friends, and then Rourke struck Thomas McCarthy and fall'd him, (knocked him down)—there were a good many other persons there—Thomas M'Carthy was fall'd three times—I suppose Rourke is the stronger of the two—I saw no knife—Rourke went away and came in with Maloney and struck him—Maloney did not strike Rourke before Rourke struck him—Rourke fall'd Maloney; Maloney was under him—Thomas M'Carthy lifted him up, and Rourke and Maloney went to the Town-hall paling, and Rourke's brother was going to pull Maloney's eve out, and he called to him not to pull his eye out—I did not see any more.
Cross-examined by MR. RIBTON. Q. You did not take any part in the row? A. No; there were women looking by, they did not take any part—I did not see any woman following Rourke, or pulling his hair—I first saw Rourke strike Thomas M'Carthy, who had not done anything before that—they came out in a quite friendly way, and Rourke struck him with his fist—I saw Thomas M'Cartby by the Town-hall—I did not see him strike Rourke; I did not see a policeman there—Rourke was fighting with Maloney when Thomas M'Carthy attempted to hit him—he was hitting him with his shut fist—if he had had a knife I should hire seen it, for I was the next body to him; I could not be nearer—he struck him on the back of the head three times—I did not see Rourke on the ground; he fell upon Maloney—Thomas M'Carthy was just standing by, and he lifted Maloney up, and they both got up together—he did not do anything to Rourke—I am not married—I have been living in Brentford since last March twelvemonths—I am not related to these parties; they were none of them nothing to me—I am not in service; I do work in the ground—I heard afterwards that Rourke had been cut.
JOHANNA KELLY . I am married—I live in the Red Lion-yard—I went in the public-house that night—I saw Maloney, M'Carthy, and Rourke—Rourke was standing on the floor—I saw Thomas M'Carthy and his party go out of the Red Lion—they all went out together—after they were gone, Rourke's party went out—I did not see Rourke go out—I saw his brother go.
THOMAS HILL . I live at Brentford. I was near the Three Pigeons—I had seen Thomas M'Carthy and Rourke that night—when I went into the Red Lion there were twenty-five or twenty-six persons—I saw the party that Thomas M'Carthy drank with—they all got up qnite contented to go home—then Rourke, and the party that he drank with, came out, leaving their beer on the table, and two of the party laid hold of John M'Cartby by the collar—he refused fighting—he said, "It is Sunday night; I don't want no bother nor row "—one of the party insisted he should fight—he said no, if he liked to fight he should come to him the next morning—he said no he should fight him at the present time; and a young woman came up and told him to go home, and then that party struck the young woman and knocked her down—I went down the street, and saw Rourke strike Thomas M'Carthy—he fell down, and dropped his hat off his head—I then heard a woman by the Red Lion cry "Murder!"—I came back, and did not see any more of them—I never saw Thomas M'Carthy drunk, he is quite a harmless man.
Cross-examined by MR. RIBTON. Q. I suppose you were quite quiet in the public-house? A, Yes; I was not there long—there was rowing at all that I could see—the Three Pigeons is a little distance from the Red Lion—Thomas M'Carthy did not strike Rourke at the time I saw
him—he had nothing in his hand that I saw—I saw Rourke strike Thomas M'Carthy and knock him down—I then heard a cry of "Murder!" near the Red Lion, and I west up there—I did not take any part in it—they are just alike to me—I am a bricklayer's labourer—I have not been in much trouble, I have a little—I was tried for wheeling a barrow on the foothpath; that was the only time—I was never tried for an assault—I have been in Brentford nearly four years—I came from Cork.
JOHN HALL . On this Sunday night I went into the Red Lion for a pint of beer—Thomas M'Carthy was there—then Rourke's party came in, and they took different sides of the table—one of the party named Hickey said he would fight the best man in the room—they then got up, and went out—Hickey followed M'Carthy out—Rourke was in the Red Lion—I did not see him afterwards—I have known the prisoners three years and a half—they bear the characters of quiet, honest men.
THOMAS M'CARTHY— GUILTY . Aged 30.— Transported for Fifteen Years.
MALONEY— GUILTY of an Assault. Aged 28.— Confined Eighteen Months.
JOHN M'CARTHY— NOT GUILTY .
(MR. RIBTON offered no evidence.) NOT GUILTY .
860. ELLEN DONOVAN and JOHANNA DRISCOLL , breaking and entering the dwelling-house of George Roue, and stealing 11 yards of cloth, and other articles, value 25s.; his property. 2nd COUNT,—receiving the same.
MR. MEW conducted the Prosecution.
CHARLOTTE ROUE . I am the wife of George Roue, of Dean-street, Fetter-lane, in the parish of St. Andrew, Holborn. On 19th March, I purchased some black Coburg cloth, some black twilled lining, some crape, two pairs of cotton hose, two yards and a half of black sarsnet ribbon, and some slate-coloured lining—I took: them home, and placed them on an ironing-board in front of the window in the kitchen, between four and five o'clock in the day—the window opens into a yard at the back of the house—there is access to it from behind; the wall it very low—the window was quite safe at ten o'clock that night when I went to bed—I missed the articles at seven next morning—a looking-glass had been taken down, one square of glass taken out, and the window was open—these are the goods; they are worth 1l. 4s. 5d.—I have one piece which corresponds with there, which I took to match.
Cross-examined by MR. O'BRIBN. Q. Where did yon. buy them? A. In the Strand, near Bedford-street, about four o'clock in the afternoon—I have no private mark on them—my husband's name is not George William Roue.
JOHN MOSS (City-policman, 225). I apprehended Donovan coming up Bartlett's-buildings—she lives at 27, Plough-court, Fetter-lane—I took her to the station, and then went to her room, and found this habit-shirt in her box, and five duplicates and this table-cloth in the window—I found Driscoll in the room, and took her into custody.
Cross-examined. Q. Was this a lodging-house? A. Yes; the prisoners said they occupied the front-parlour together—Donovan stated that she lived there, and that Driscoll was at home washing—I have seen men going in there.
Cross-examined. Q. Did you know the prisoners before? A. Yes, they were in the habit of pawning there.
Driscoll. I had been there twenty minutes before Donovan came in; I was pawning a shawl there. Witness. I do not recollect that—Donovan had left the crape at home, and they both seemed anxious about it; she went to fetch it, and Driscoll staid there till she came back.
Cross-examined. Q. Is there any mark on them? A. No, only my own needlework.
DONOVAN. Aged 19.
DRISCOLL. Aged 20.
GUILTY of Receiving.— Confined Nine Months.
(There was another indictment against the prisoners.)
THIRD COURT.—Wednesday, April 9th, 1851.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. CARTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
861. THOMAS CHISLETT , embezzling 25l., and 13l. 18s. 9d.; the moneys of Thomas Fricker and another, his masters: also, stealing 1 watch, value 9l.; the goods of William Strickland: also, unlawfully obtaining by false pretences, 1 watch, value 3l.; the goods of William Strickland: to which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
WATKINS pleaded GUILTY . Aged 15.— Confined Eight Months.
WILLIAMS pleaded GUILTY . Aged 15.— Confined Four Months.
GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 17.— Confined Six Months.
THOMAS ELLIS . Snelling was in my employ—in March I was removing from Cowley, and on the 21st, I saw the pair of scales and iron pot in the kitchen there; they were afterwards missed—these (produced) are them.
Cross-examined by MR. COOPER. Q. Had you not sold Pellin some glass bottles? A. Yes, thirteen dozen and a half; he took away four hampers and a sack in a donkey-cart—he ought only to have had two hampers.
RICHARD ROADNIOHT (police-sergeant, T 11). On 25th March, I went with Mr. Ellis to Snelling's father's house, and there saw Snelling—I searched the house, and found nothing—he said Pellin had stolen the scales, asked him whether his master had missed them, and gave him a shilling to lay nothing about it—I met Pellin the same day, and asked him whether he had brought anything away from Mr. Ellis's—he said, "Only some empty bottles"—I asked if he had bought anything of Snelling—he said, "Nothing," but he had bought a copper kettle and a pair of scales of a man named Turpin for 1s.—I found the iron pot and scales at his house.
JOSEPH WILKINSON . I went with my donkey and cart at Pellin's request to Mr. Ellis's, and he brought out three hampers containing bottles, and one very light one, with a few porter bottles at the bottom of it—Snelling brought out a bag, and put it in the cart—Pellin asked me to lend him a shilling to pay the boy for an old pot and a pair of scales—I lent it him, and saw him pay Snelling—we went to Uxbridge, and left three tampers at Mr. Edwards's, the liquor-merchant's, and we took the other hamper and bag to Pellin's house, and when the bag was taken out, I saw the pot and scales in it—no one had done anything to the bag between the time it was put into the cart and when it was taken out—I saw Pellin two days after, and he said he was going to Mr. Ellis's about the pot and scales—I told him Roadnight was after him, and he said he should go and give himself up.
Pellin's Defence. I bought them of Snelling, and gave him the full value for them; the pot is broken.
RICHARD ROADNIGHT re-examined. I produce a certificate of Pellin's conviction—(read—Convicted at Aylesbury, March, 1848, of stealing a saucepan; confined three months)—I was present; he is the person.
SNELLING— NOT GUILTY .
PELLIN— GUILTY . Aged 51.— Confined Six Months.
THOMAS ELLIS . I had a lock on my pigeon-house, and a screw-driver, knife, and rule on the premises—these (produced) are them—on 25th March, I went with Roadnight to Snelling's father's, and saw the things found—I did not give them to Snelling.
Cross-examined by MR. COOPER. Q. When your best things were removed, there was a good deal of rubbish? A. Yes; I left the house to superintend the moving of the goods to town—Snelling had been in my service seven months—I always found him a very good boy—it was entirely through Pellin that the case was brought here.
RICHARD ROADNIGHT (policeman, T 11). I searched Snelling, and found the rule, knife, and screw-driver, and the lock I found in the shed—Mr. Ellis said, "This is mine," and he said, "Yes, I brought it from the loft."
NOT GUILTY .
GEORGE HYDE (City-policeman, 516). On 8th March, about a quarter to eleven o'clock in the morning, I saw the prisoner follow a gentleman in King William-street—he laid hold of his coat tail, and then left him, stood still, then followed Mr. Ford along Cannon-street, and at the corner of Abchurch-lane I lost sight of him a moment—when I taw him again, Mr. Ford had hold of him, and he bad this handkerchief in his coat breast.
WILLIAM FORD . I was by Abchurch-lane, I felt my coat drop, turned round, and saw the corner of my handkerchief, which I had had safe fire minutes before, under the prisoner's coat—I caught hold of him, and kept him till the officer came.
GUILTY . ** Aged 16.— Confined Six Months.
GEORGE CHARLES MERRICK (a soldier). On 30th March, about eleven o'clock at night, I was going through Twickenham, on my way to Hampton-court—I was intoxicated, and had a handkerchief, containing brocoli and radishes, a pot of pomatum, and a bottle of sauce—I missed the bundle next morning—this is the handkerchief (preduced)—it has my initials in hair in the centre.
GEORGE SPONG . I am a commander in the Navy. On 30th March, about half-past eleven o'clock at night, I saw Merrick lying in the gutter, near the Red Lion, at Twickenham, dead drunk—I saw a young woman there, but cannot swear it was the prisoner, and sent her for assistance—there was a bundle lying near the soldier, and his cap was off—I then went for a policeman, returned without finding one, and the bundle was gone—I dragged Merrick to the Red Lion—the landlord would not let him in, and I gave him 1s. for a night's lodging for him.
MICHAEL CONWAY (policeman, V 9). In consequence of information from Captain Spong, I went to Cragg's, and he produced the handkerchief—I afterwards went to the prisoner's lodging—I knew where she lived, and she opened the door herself—I asked her if she bad seen a soldier, or been with one—she said, "No"—I asked her if she had taken a handkerchief from one—she said, "No"—I asked her if she had pledged a handkerchief—she said, "No"—I told her I had been to Mr. Sanders's, and should take her into custody for stealing a handkerchief—she then said, "I have pledged a handkerchief, but not a soldier's;" she had been sent to pledge it, but should not tell me who by, because it would get her equally into trouble.
NOT GUILTY .
OLD COURT.—Thursday, April 10th, 1851.
Before Mr. Justice Maule and the Fourth Jury.
NOT GUILTY .
(The particulars of this ease were not of a nature for publication.)
Before Mr. Baron Martin,
NOT GUILTY .
MART BRYAN . I am a widow, and live at 16, Castle-alley, Whitechapel. I know the prisoner—she came to Mrs. King's house, where I was taking tea; I believe it was ten weeks ago—she rapped at the window outside with a scrubbing-brush, and said she would have the b—h (Mrs. King) out, and she would have her life—Mrs. King went out—I went out and said it was a great shame for her to call a married woman a b—h—she said, "You are a couple of old wh—s," and hit me in the forehead with the brush—a little blood came—I went into the room, and fell on the ground—I was taken to the London Hospital, and remained there five weeks—I suffered much pain.
Cross-examined by MR. COOPER. Q. Is Mrs. King a neighbour? A. Yet; she does not live in the same house with me—she was ill—I did not say to the prisoner, as she was passing, "You Irish b—b, what have you done with your Irish bastards? have you left them all in blessed Ireland? "—I did not hear Mrs. King say so—I know Elizabeth Sampson rod Margaret Leary—Leary was not there—I know Mary Driscoll—she and I did not lay hold of tie prisoner's hair and take off a handfull—Mrs. Leary and Mrs. Sampson did not say to me and Mrs. Driscoll, "You are murdering the young girl"—I swear I did not put my hand near her—I was not shown any hair by Mrs. Leary or Mrs. Sampson—they did not pull the hair out of my hand—I never quarrelled with the prisoner, or blackguarded her—I gave her no provocation.
MARY DRISCOLL . I was living as servant to Mrs. King, at 16, Castlealley. I remember Mary Bryan coming there to tea with Mrs. King—I law the prisoner come up and tap at the window with a scrubbing-brush, wd she said to the mistress if she got her outside she would have her life—my mistress went out, and the old woman (Bryan) followed her—I heard a noise, and went out, and saw the prisoner with the brush in her hand, and she struck Bryan with it just over the nose—she went and sat on a chair, and went into a faint—she was taken to the hospital.
Cross-examined. Q. Were you in the room when this began? A. Yes, clearing the place; Mrs. King is the mistress of the house—Mrs. Bryan bad been there about an hour—they had no spirits with their tea that I saw—I did not hear Mrs. Bryan and Mrs. King call out to the
prisoner, You Irish b—h, where have you left your bastard brats?"—I went outside, hearing them hallooing outside, but I did not hear anything said before the prisoner tapped at the window—I have talked this over with Mrs. Bryan more than a dozen times—I did not see Mrs. Sampson and Mrs. Leary outside—I did not seize the prisoner by the hair—I did not see Mrs. Byran pull her hair out—I saw Mrs. Leary with some hair in her hand, but I do not know where she got it—it was not a handful), nor half a handfull.
Cross-examined. Q. Where were you? A. In my own room, sitting at the window—I did not abuse the prisoner the day before this, as she was passing—I was ill in bed—on the day this happened Bryan had come to see me, and we were sitting together very comfortably after tea, when the prisoner came up to the window with the scrubbing-brush in her hand, and said, "You b—y b—h, if I catch you out I will have your life"—I got up, and said, "Margaret, speak in a proper way, and if I have done wrong I will give you satisfaction"—she said, "You b—y b—h, I will;" and I being weak and ill, Mrs. Bryan said, "You ought to be ashamed of yourself to speak so to a weak and sickly woman"—she said, "You b—old wh—, I will give it to you," and she struck her, and down she west—I am an Irishwoman, thoroughbred—neither I nor Mrs. Bryan asked the prisoner where her Irish bastards were—I never bad any quarrel with her—I did not see Mrs. Leary or Mrs. Sampson there—I did not see Mrs. Driscoll attack the prisoner—I and Mrs. Byran and Driscoll have taken tea together since this—we have not talked it over—Mrs. Bryan is a very quiet woman—I was never in gaol.
WILLIAM PRATER . I am house surgeon, at the London Hospital Bryan was brought there on 16th Jan., with a wound on her forehead, such as would be given by a scrubbing-brush—it bled after she came in—she was then insensible—she was in danger for a fortnight from the effect of the wound—she suffered from concussion of the brain—a small artery was divided.
Cross-examined. Q. Is she quite well now? A. She has recovered from the wound, but she is still weak.
MR. COOPER called
ELIZABETH SAMPSON . I am a general dealer, and live at 3, Fryingpanalley, Petticoat-lane—the prisoner has been my servant nearly twelve months—I am married—Mrs. King lives next door to me. On 18th Jan. I sent the prisoner to get a scrubbing-brush from a neighbour, who had borrowed it—she was gone a very short time when I heard her cry "Murder!"—I hastened down-stairs, and found her in Mrs. King's passage, on her hands and knees, with Mrs. Bryan, Mrs. King, and Mary Driscoll all three upon her—they had her by the hair of her head; they were very savage—I said, "Oh my God! three of you on the girl; you will kill her; loosen her hair"—King and Driscoll did so, but Bryan still kept hold—I said, "Mrs. Bryan, why don't you loosen the girl's hair? you will kill her"—she said, "I will: and I will serve you the same"—
I then got into the passage and loosened her hand off her hair; and here is the hair I pulled out of her hand (producing it)—showed it to the policeman—I went to the police-court, but was not called—the prisoner is a very kind, inoffensive, amiable girl, not at all quarrelsome. COURT. Q. Did you see the blow struck? A. No. MARGARET LEARY. I am the wife of Henry Leary, a labourer—I reside in the first-floor of Mrs. King's house. On this Thursday I was looking out of my window and saw the prisoner come from the court with her mistress's scrubbing-brush in her hand—Mrs. King called out of her door and said to the prisoner, "Go and fetch your bastards from Ireland"—the prisoner turned round and saw!, "Do you mean me, Mrs. King?"—the old woman (Bryan) rushed out of the passage, and caught hold of the prisoner by the hair, and threw her into the passage"—the prisoner cried out "Murder!" and I cried out from my window, "What a shame! don't kill the girl; give her fair play"—Mrs. King, Bryan, and Driscoll fell on to the prisoner—I hurried down-stairs, and found her on her face and knees in the passage, and Mrs. Sampson was undoing Mrs. Bryan's hands out of her hair—I did not see the blow struck—I lifted the girl off her face and knees; she then began to cry, ad went into her mistress's place—I afterwards went to Mrs. King's place, and Mrs. Bryan said to Mary Driscoll, "I have a good mind to break your back, as you did not fetch the candlestick out aid split her head with it, as you did not assist me"—the prisoner was used shamefully—I attended at the police-court, but was not examined.
NOT GUILTY .
Before Mr. Justice Maule.
(In this case the felony not being proved, MR. PLATT, for the prosecution, submitted that a verdict of assault might be found. MR. ROBINSON, for the prisoner, contended, that although the authorities on this point were very conflicting, the more recent decisions were against a verdict of assault being found.—MR. JUSTICE MAULE had at one time held, that in a charge of this nature an assault was involved; that opinion had been overruled, but subsequently adopted. The question was, whither this was a case within the Statute. The Statute said, that where the offence charged involved an assault, then the prisoner might be found guilty. To inquire whether the offence charged, involved an assault, you must look to the language of the indictment, and to that alone; and whether this indictment did mention the word "assault," or not, did not signify, because it was clear that it need not be mentioned. The question came to this, whether in stating an the face of an indictment that a prisoner had carnal connection with a girl under ten years of age, you state that he committed an assault. Me was very much disposed to think that as connection could not take place without contact, that contact without consent amounted to an assault. A child under ten years of age was incapable of giving her consent; and if any consent were in term given, it would be wholly inoperative; he therefore thought it might be considered that an assault was involved, and that a person might be found guilty of an assault under this indictment. In this opinion MR. BARON MARTIN concurred.
GUILTY of an Assault. Aged 18.— Confined Six Months.
Before Mr. Justice Martin,
MR. BRIARLY conducted the prosecution.
CHARLES TESTAR , I am assistant to my father, a licensed victualler, of the Victory Tavern, Edmond-street, King's-cross. On 20th March about half-past ten o'clock at night, I was coming through Castle-street, the prisoner pounced upon me all of a moment, struck me with one fist under my chin, and with the other hand seized my watch and chain—I fell on the ground on my back from the blow—the watch was in my waistcoat pocket—he drew it out by the chain, which was passed through my buttonhole—I felt it drawn from me—my hat was knocked oft, and my stick knocked out of my band—I got up, left them behind me, and ran after the prisoner; I never lost sight of him—there was no one else in the street—I followed him closely—be turned a corner, but I was close to him—I pursued him to the corner of St. Martin's-lane—a young man there came up in front of him and collared him—he said, "For God's sake let me go—I gave him in custody to a policeman.
Cross-examined by MR. M. PRENDEROAST. Q. Where had you been this day? A. To the City; I was not drunk—I bad had nothing to drink for three or four hours before this happened—I had dined about two o'clock—I might have had a glass of porter for my dinner—I had been to the City on business, to Mr. Mowatt's, the wine-merchant, in Creed-lane—I had two or three glasses of pale ale with him—I had dined at home—I had no tea—I forget whether it was a dark night—it was muddy, for the coat I had on was covered with mud—I had never seen the prisoner before, to my knowledge—I only observed him at the moment he came upon me—I imagine he came out of the court by Combe and Delafield's brewery—the brewery is about sixty yards from the corner—I swear I did not lose sight of him till he was taken—there was not a soul in the street besides him—a crowd came up directly the policeman took him—I do not know when I last saw my watch, but I felt it dragged from my pocket—I have not seen it since.
MR. BRIARLY. Q. Was the blow you received a pretty smart one? A. So smart that it knocked me on my back in a moment; it did not confuse me, because I was up directly, and ran after the prisoner, leaving my hat, which I lost as well as my watch.
JOHN FRANCIS BARTON . I am an iron-plate worker. On Thursday night, 20th March, a little after eleven o'clock, I was at the corner of St. Martin's-lane, with my wife and her sister—I heard a cry of "Stop thief!"—I saw the prisoner turn the corner, and the prosecutor behind him—I looked round, and saw him come across the road—I immediately darted out—he said, "For God's sake, don't stop me; let me go"—I caught hold of him, and in the struggle we both fell—I did not let him go—when he got up he said, "What business have you with me?"—I said "We will talk about that when the policeman comes up"—the prosecutor was behind me—I directly hallooed out, "Police!"—a policeman came up from the Seven Dials, and the prosecutor gave him in charge—the prosecutor's clothes were dirty all over the back when he came up.
Cross-examined. Q. Were there many persons in the street? A. A
few came up after I had taken him; they came from Tower-street, hearing the cry of "Stop thief" and "Police!"—I live at 18, Foley-street.
ROBERT KEEBLE (policeman, F 89). On Thursday night, 20th March, a little after eleven o'clock, I was in Seven Dials, and heard a cry of "Police!"—I went down to St. Martin's-lane—I saw a mob of persons, and the prosecutor gave the prisoner in charge, for robbing him of hit witch—the prisoner said that I ought to take him, meaning Barton, into custody, for he was as bad as him—I took him to the station—the prosecutor's back was covered with mud, and he was without his hat—I believe he had been drinking, but he was quite aware of what he was doing, and capable of taking care of himself—people are generally confused after being knocked down—what I saw about him might arise from the blow, and not from drink.
Cross-examined. Q. When you came first on these persons, how were they? A. Barton had the prisoner in his custody; neither of them were on the ground—there were several women there, I believe, and men also; I should think eighteen or twenty—most of them were convicted thieves.
GUILTY . Aged 19.— Transported for Seven Years.
NEW COURT.—Thursday, April 10th, 1851.
PRESENT—Mr. RECORDER; Mr. Ald. SIDNIT; Mr. Ald. CARTER; and Mr. Ald. CHALLIS.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 20.— Transported for Seven Years.
MESSRS. PAYNE and PLATT conducted the Prosecution.
FREDERICK WILLIAM FIRMIN . I am a meat-salesman, in Newgate-market. On 24th Feb. the prisoner came to me, and said he wanted three sheep for Mr. Philp, of Somers-town; I let him have them, and I believe he took them away—Mr. Philp is a customer of mine.
Prisoner. I did not go to this gentleman at all. Witness. I am positive he is the man—I did not know him before—I saw him next about a fortnight afterwards, at the Police-court—he came to me about nine o'clock in the morning; I was at my stand, in the market—there were a great many people about—he said Mr. Philp was gone into the country, and would not return till the middle of the day—I had other customers at my stand at the time—I am certain of the prisoner—we take particular notice when a person comes to order meat for other people—he had a smock-frock on, and a round cap.
JOHN YOUNG . I am scale-man to Mr. Firmin. On 24th Feb. the prisoner came, and asked me to weigh three sheep for Mr. Thomas Philp—he waited before me for ten minutes, for his turn—I weighed them—he took one on his back—I gave him the second—I asked him if he belonged to Mr. Thomas Philp; he said he did—I took particular notice of him.
Prisoner. I have been in the habit of passing the market repeatedly, but I did not have these. Witness. I am sure he is the man.
THOMAS PHILP . I am a butcher, in Somers-town. I did not send the prisoner, on 24th Feb., for any meat to Mr. Firmin's—my brother is a butcher, and carries on business a few doors from me—his name it Richard—be is not here.
Prisoner. I am not the guilty party; I was at Blackheath on that day. (The prisoner received a good character.)
GUILTY . Aged 21.
878. ALFRED SMITH was again indicted for unlawfully attempting to obtain, by false pretences, from Thomas Bonsor, 225lbs. weight of mutton, value 3l. 5s. 6d.: also, attempting to obtain from James Young, 677lbs. weight of beef, value 13l. 3s. 1d.: also, attempting to obtain from Samuel Woodham 7771bs. weight of beef, value 15l. 15s. 6d.: to which he pleaded
GUILTY . Aged 22.— Confined Twelve Months.
(There was another indictment against the prisoner.)
879. RUPERT CLARK , burglary in the house of John Hyett, in the night of 31st Jan., and stealing a cash-box, value 5s., 18 sovereigns, 60 shillings, and other moneys, 1 watch and other articles, value 6l. 11s. 6d.; his property. MR. MEW conducted the Prosecution.
JOHN MARK BULL (City-policeman, 151. In consequence of information, I took the prisoner at No. 61, Fore-street, where his mother lives—his mother was there, and his brother—I asked the prisoner if his name was Rupert Clark; he said, "No"—his mother said, in his presence, "Rupert Clark is his brother; he is just gone out to fetch some beer, he was here just now"—I told the prisoner I was confident my information was correct, and he must consider himself in my custody, on a charge of feleny—I took him to the station—in going along, he said the reason be had denied his name was he had been out playing bagatelle that morning, and he had hit a young man with the bagatelle-cue, and he thought I came respecting that.
JOHN HYETT . I live at 52, Bartholomew-close, in the parish of St. Bartholomew the Great. This cash-box (produced) is mine—on 31st Jan., the prisoner was at my house, after nine o'clock in the evening—I had this cash-box that evening—I took it from my place of business to my lodging—I am a coffee-house keeper—the prisoner met me in going across the road, and went with me to my lodging—I put the cash-box under my pillow under the bed-clothes—I have only a room there—the prisoner saw me place the box; there were in it eighteen or nineteen sovereigns, between 9l. and 10l. in silver, a steel purse, a watch, and a guard, a penknife, a set of studs, a variety of papers, and a duplicate-after I bad placed the cash-box there, the prisoner asked me if I would go and take a walk with him; I was not very much inclined to it, but I went; it was between nine and ten o'clock—we went to Blackfriars-road
—the prisoner picked up two females—we went to a public-house—I cannot tell what public-house it was in the road—I believe it was near a lot of broker's shops—the prisoner continued in my company about two hours—we parted a little after twelve, down a street in the Blackfriars-road; not a great way, I believe, from the Surrey Theatre—nothing was said when we parted—I returned home between two and three—as I was going down the passage where the house is, I met the police-constable, and both he and I were knocking some time at the window to get admission, but we could not get in—I had left a boy there, and told him I would knock at the window when I came home; but he was asleep—we then went to the door, and found the door open, and a square of glass had been broken in the outer door of the house, which is a glass door, and on getting in we trod on glass—I missed the cash-box.
COURT. Q. When you went out did you shut the door? A. Yes; but did not lock it—I had a boy who slept is the room where the robbery was committed—it is on the ground-floor—the glass door is not the door of my room—the boy is a servant of mine—I sound him fast asleep in the room when I went in—I gave him into custody.
Cross-examined by MR. COOPER. Q. Are you in the habit of going across the road with this cash-box? A. Yes, while I have been lodging in that room—when I left to go out with the prisoner, the boy was in the worn going to bed—he slept in the same bed with me—when I west out I closed the door, but did not lock it—I told the boy to lock it—the boy was taken into custody, and kept till the following morning—the glass was on the door-mat, we did not observe any outside—when I parted with the prisoner I did not agree to meet him again—I had known him about four years ago, but I had not seen him again till four or five weeks before this robbery—I succeeded him in a situation at a coffee-house—I am now in holiness on my own account—the whole of the money in the cash-box was mine.
MR. MEW. Q. How do you carry the box over? A. I wrap it over in my apron, or in brown paper—this was in brown paper that night—I took it out of the paper when I put it under the pillow.
JURY. Q. You left the box in charge of your servant? A. Yes; I ordered him to go to bed and lock the door, and let me in when I returned.
COURT. Q. How is this door situated? A. When you go down the passage there is a glass door which opens into the house, and out of the passage of the house is a door to my room—when I went out I closed my room door, and told the boy to lock it—I pay the rent for that room—when I took the box out of the paper, I left the paper in the room—the prisoner saw the boy in the room when I went out—he knew he was going to sleep there.
JAMES DELANEY (City-policeman, 213). On the morning of the 1st Feb., I was in Bartholomew-close—I recollect the prosecutor coming home, from a quarter to half-past one o'clock—I was standing close to his door when he came home—he tapped at the window, and so did I—we then went to the door, I turned the light on, and found a pane of glass had been broken; it had been thrust inside—the door was open—the prosecutor said, "Oh, good God I here is something the matter"—we went to his room, and found the room door was open—we went to the
bed, and woke up the lad—be raised the pillow up and said. "Oh, good God! my cash-box is gone"—the boy was asleep; he is about thirteen or fourteen years old—I had seen Mr. Hyett leave his house about ten that night with a person with him, very much like the prisoner—the prosecutor had a parcel with him of the size of this cash-box, in brown paper. EDWARD FAULCONER. I live at 2, Pemberton-row, Gough-square, with my mother, who is a coffee-house keeper. On the morning of 1st Feb., the prisoner came to our house, about five minutes before one o'clock, for a bed; we let him have one—be had a parcel wrapped op in a handkerchief—he said he wanted a bed for an hour—he said he had no money with him—I went up-stairs with him, and he took this cash-box out of the handkerchief—he took out a shilling and sixpence, and put the sixpence back, and took out a fourpenny-piece; I saw there was a great deal of silver in the box—I left him in the room—his hand was bleeding at the back—he said he bad been engineering, and it was cut—he stopped about twenty minutes in the room—I saw him come down; he took the box with him under his arm in the handkerchief.
Cross-examined. Q. Had you ever known him before? A. No; I can swear this is the size of the box—he said he had got no money in hit pocket, if I would go up-stairs he would pay me—he took it oat of the handkerchief, and paid me a shilling out of it—I mentioned this to the officer when he came—I had not seen the prisoner before—I saw him then for about five minutes—he had got a brown frock coat on—we have many persons come to our house—I showed the prisoner the bedroom—nothing more took place with him more than another customer—I cannot tell every one who comes to the house—our house is not always open—it is open till two o'clock—we charge sixpence for a bed—people come from eight o'clock till two—the door is open at six for them to go away—I should know any person who slept at our house the last month if I were to see them—when I saw the prisoner again he was in custody—I recognized him—I was told he was the person.
MR. MEW. Q. Have you many persons who come to your house with a cash-box under their arm, and who pay you out of it? A, No; I never had it before.
HARRIET FAULCONER . I am a widow, and keep a coffee-house in Pemberton-row. I recollect the prisoner coming to my house on the morning of 1st Feb.—I saw him when he came in, and when he went out—I afterwards went into the room he had been in before any other person went in—I asked him when he came down why he was going, and he said the parties in the next room disturbed him, and be wanted to write—I begged him to go back again, and I would speak to them, because they had no business to disturb a lodger—he said he had got such a short time to stop he would not return—when he first came in I asked him for the money for the bed—he said he had none in his pocket, if I would allow my boy to go up he would pay him—he had got money in the box under his arm—when I went to his room I found these papers (produced)—they were in small pieces—I took them up and pasted them together for curiosity.
Cross-examined. Q. Do you always see the customers when they come? A. Not at all times—my house is very much frequented—I cannot say how long I saw the prisoner—I do not try to recognise all my customers—I particularly looked at the prisoner—I may perhaps see 100 persons
in a week—I went to Guildhall, and saw the prisoner—I might talk to my son about this before I went there—I mentioned it to several persons—I had seen a great many other persons during that time.
MR. MEW. Q. You noticed this prisoner particularly? A. Yes; persons are in the habit of paying me before they go up-stairs—I never knew an instance before of a person paying out of a cash-box.
JURY. Q. What time was it when he came? A. Five minutes before one o'clock, and it was ten minutes past one when he came down.
COURT. Q. What induced you to notice these papers? A. The people in the next room told me that the man had been tearing up papers, and when I looked at them I found one was a stamped receipt—I then took them up and put them together—my rooms are not all single bedded—the prisoner wanted a single bedded room—he was shown a room where there were other beds, and he would not go in—there was no fire in his room, nor any fireplace.
GEORGE WARDLE (City-policeman, No. 221). I produce these papers, this cash-box, this steel purse, and a duplicate, which has been torn in pieces—I received the papers from Mrs. Faulconer, and the purse and cash-box from the prosecutor.
JAMES FERN . I am a watchman of Bartholomew-close. On 1st Feb., about a quarter before one o'clock in the morning, the prisoner came up from Mr. Hyett's coffee-shop—he had a parcel under his arm—he came up and asked me the time of day—he said he wanted to know particularly, he was afraid he should be late—I told him it wanted a quarter to one—the parcel he had was in a red handkerchief—I thought it might be his clothes—it was about the shape of this cash-box.
Cross-examined. Q. As an honest man, can you say that it was about this size? A. Yes; the prisoner had a brown great coat on—I cannot tell what buttons he bad on his coat—I cannot tell what colour his neckcloth was—he had a hat on—I told Mr. Hyett the same morning that I saw a man go along with something under his arm—Mr. Hyett came to me about two the same morning, after he had missed it.
JOHN KNIGHT (City-policeman, No. 865). On the morning of 1st Feb., I was in New-street, Fetter-lane, and I found a cash-box in a dark corner of a doorway, about 200 yards from Mrs. Faulconer's—a person could go through New-street in going from Gough-square to Fore-street—I took the box to the station.
Cross-examined. Q. Do you know Mrs. Faulconer's house? A. Yes; it ii about half a mile from Hyett's.
JOHN HYETT re-examined. This is my cash-box—this paper which is pasted together is mine—this other paper is mine—this duplicate is mine—it has been torn and put together again—it is what I received from a customer who had something he did not pay for—I got this cash-box from Fleet-street station the next morning on account of owning it—I came home directly I parted with the prisoner—he left me with a female—I parted with her directly, and got home between two and three o'clock.
COURT. Q. You said you parted with him at twelve o'clock, and did not get home till between two and three? A. Yes; when I got home near my own door, I met a customer, and stood talking with him till past two—my house is down a passage—my shop is in the street—I got home about one, or a little before—when the prisoner left me he went off fast—
he left with a female—I did not follow him—he did not go in a direction towards the bridge, but in another direction—I was sober—I had nothing to drink but one drop of spirits—directly after the prisoner started I started to go home—I went home alone, and went the shortest way that I knew, over the bridge, and straight on—when I got to Bartholomew-close I stopt at my coffee-shop door—I there met a customer who keeps a house in the same neighbourhood—we talked together about an hour, or an hour and a half in the street—I was about as far as to the end of this Court from the passage that goes down to my lodging—I could not see the door of my lodging from where I was standing—there is a gate, which is shut.
Cross-examined. Q. You put your head on the same pillow where the box was? A. The box was under the bed; I saw Mr. Hyett put it there—my head was over the box—I locked the outer door, the window door—I went to sleep—I had seen my master put the box under his bed three or four times—I had not spoken to anybody about his bringing the box over of a night—before I lived with Mr. Hyett I lived with Mr. Martin, in Aldersgate-street, and before that with Mr. Cunliffe, a boot-maker, for two years—I was never in any trouble.
COURT. Q. Did you take this cash-box? A. No.
COURT to HARRIET FAULCONER. Q. When the prisoner came in and said he had not got money, but would pay you if your son went up-stairs, had he anything with him? A. Yes, a parcel in a handkerchief—my house is a very little distance from Blackfriars-bridge—my house is about half-way up Fleet-street.
COURT to JOHN HYETT. Q. Who is the owner of the house where you lodge? A. Mr. Palmer; he lives in the house—he only lets that one room to accommodate me.
(The prisoner received a good character.)
NOT GUILTY .
880. RUPERT CLARK was again indicted for burglariously breaking and entering the dwelling-house of George Gurney, and stealing 2 punchladles, 1 cream-ewer, and other articles, value 10l. 11s. 6d.; and 2 crowns, 2 half-crowns, and other moneys; his property.
MR. MEW conducted the Prosecution.
EDWARD ENIBBS . I am waiter at the American Stores, 56, Oxford-street; I succeeded the prisoner there as waiter to Mr. George Gurney, about eleven months ago. The coffee-room is on the ground-floor—the kitchen is on the first-floor back—there are leads opposite the kitchen window. On 3rd Dec, about half-past one o'clock in the morning, I left four toddy-ladles, two punch-ladles, a pepper-castor, some mustard-spoons, a cream-ewer, and a piece of silver, in the coffee-room; and some money in the bar—the kitchen window was shut, but not fastened—I missed the goods about eight o'clock next morning—the kitchen window was open—a person could get from the kitchen to the coffee-room by a machine for taking dinners down to the coffee-room, but unless well acquainted with it he would stand a chance of striking himself—it moves by a pulley, which no one could use unless he was well acquainted with it—from the coffee-room you can get to the bar, by unlocking the door—it had been unlocked—the key was inside—nobody could open it unless he got into the coffee-room
first—the keys of the drawers where the silver was kept were in a small glass in the coffee-room, on the shelf—I found the drawers open, and the keys in them, and missed the plate; also 1l. in silver, which was left in the bar—I saw footmarks on the rails outside the kitchen window, and on the beds—the rails would have to be got over to get to the window—a person could get to the leads from 72, Berners-street.
Cross-examined by MR. BALLANTINE. Q. Are you still in Mr. Gurney's employ? A. Yes; the machine was the only means for a person to get in—there were no scratches on it—it is made of iron—the keys were kept out of sight, in a glass in which we used to keep splints for use—the keys are only there at night, when the coffee-room is empty—I was the last person up that night—the prisoner left Mr. Gurney, in consequence of breaking a blood-vessel.
JANE ARNOLD . I live with my mother, at 72, Berners-street; my house adjoins Mr. Gurney's at the back—the leads go from the first-floor to Mr. Gurney'8. On the first Saturday in Dec. the prisoner came to my house, and asked if I had a room to let—I showed him the first-floor back-room, which opens on to the leads—Miss Minifie was not at home, rod the prisoner left, and came again at four o'clock, and saw her—she took him up-stairs—he did not sleep there that night—he came on the Monday evening—I went into the room on the Tuesday morning—the window-sill had then been wiped, but was still very dirty—I found a brown-paper parcel there—I opened it, it contained hay—the prisoner was gone between four and five in the morning—I did not see him again all be was at Guildhall—I saw him in a cell with four or five others, and recognized him directly.
Cross-examined. Q. Who took you to see him? A. A policeman; there was plenty of light—the persons in the cell were not so respectable as the prisoner—I do not know that I ever saw the prisoner before, but I have some recollection of seeing him at the door of the American Stores—be has not bought gloves at my shop—I did not recognize him at Mr. Gurney's servant—I cannot swear I have seen him waiting there; I have teen some one very much like him—I do not deal at Mr. Gurney's—I saw the person who took the room for five or six minutes altogether—I saw him twice—my mother was at home; she saw him—I did not stare at him, or look him rudely in the face—I do not recollect the policeman giving me a nudge when I went to identify the prisoner—I did not know what I was taken into the cell for.
ELIZABETH MINIFIE . I occupy the first-floor at 72, Berners-street. On a Saturday, about the beginning or middle of Dec, I let my back-room to a person resembling the prisoner—it was the Saturday before the robbery—he came on the Monday, about ten o'clock in the evening—he brought a paper parcel—I showed him to his room, and gave him a candle—he said he was an engineer, belonging to a railroad, and should have to he up between four and five in the morning—I heard him leave in the morning, and shortly afterwards the clock struck four—he never came back—I found a parcel in his room, containing hay—the washhandbason had been used, and the water in it was as black as ink—there was no water in it the night before—I had not noticed that his face or bands were black.
Cross-examined. Q. You cannot swear positively to him? A. No; his dress makes a great difference.
WILLIAM SMITH (policeman, E 16). On 3rd Dec I received information, and went to Miss Minifie—there were marks of a person getting from the first-floor window, over some leads, to Mr. Gurney's kitchen-window, which has iron rails to it, which he would have to get over, and descend between them and the top of the brick-work to get into the kitchen—I found footmarks across the kitchen to the machine, where I lost all traces—I received a description of the person who lodged in Miss Minifie's room, in consequence of which I looked after the prisoner, but could not find him.
Cross-examined. Q. Was Mrs. Arnold taken to see the prisoner? A. No; she said she did not think she could identify him—he was taken on another charge by Bull.
GUILTY . Aged 24.— Confined Twelve Months.
WILLIAM LARDNER . I am the son of Samuel Lardner, a watchman, of Southampton-cottages, Hackney-road—I am almost thirteen years old On 13th March I was walking along Payne's Pond-garden, near Bethnal-green, going to school—I met the prisoners; I did not know them—Davis said, "You b—r, if you don't give me what you have got I will knock you down"—he had a short stick in his hand—Mason then threw me on my knee, and stifled me with his hands—I did not fall completely, he kept my arms down with his elbows—Davis pat his hands into my jacket-pocket, then into my waistcoat, and then into my trowsers, where I had three pence and three farthings, which he took out—Mason then put his hands before my mouth, and I was almost stifled; I was very much alarmed—they began to run—I was exhausted, and could not run much, because they had hurt me so, they strained my breast—I wat never quite down, only on my right knee—as they ran I saw a halfpenny and a farthing drop out of Davis's pocket—they heard it and looked round, but kept on running—I recovered myself, and picked up 3 3/4 d. which was all I had lost, and then sat down again, and in about twenty minutes I saw the prisoners again going into a field—I went home and told a policeman.
Cross-examined by MR. PAYNE. Q. What sort of a stick was it? A. Like a hoop-stick—when they went into the field Davis had a little child in his arms, and Mason was talking to him—I pointed them out to my mother, who caught Mason—Davis remained there with the baby till his mother came—they had not attempted to run away.
NOT GUILTY .
882. MARY BURROWS , stealing 2 coats, 1 pair of trowsers, and other articles, value 4l. 9s. 6d.; 5 half-crowns, 7 shillings, and 1 sixpence; the property of James Relton; and 1 pair of boots and 1 shirt, 3s.; the goods of Thomas Cooper; having been before convicted.
JAMES RELTON . I live at 7, Green-street, Paddington, at the house of the prisoner's father. Last Saturday three weeks I saw my clothes safe in my bed-room, at eight o'clock in the morning—I went out to work at Mr.
Dark's, the contractor's—I came home in the evening; and missed my clothes at nine o'clock—there were two coats, three waistcoats, two pairs of trowsers, two handkerchiefs, two pairs of stockings, and 1l. in silver—these are my clothes (produced)—here is a hole in this handkerchief, by which I know it.
MICHAEL DUFFY (policeman, D 279). I know the prisoner. On Sunday night, 9th March, I saw the prisoner with three men in the Barrow-road—I told her I wanted her—she said, "What do you want of me?"—said, "For robbing a young man who was living with your father"—she said, "Oh very well, I know nothing about him; I will go with you"—I took her to the station, where Relton identified this handkerchief, which was round her neck—the said, "It is not your handkerchief; I can bring witnesses to prove where I got it"—when we were in the outer court of the police-court she said she wanted to speak to her mother, who was there; I said she must not, unless in the pretence of a policeman—her mother said, "Mary, tell me what you bare done with the things"—she said, "I am not a flat nor a fool; I am not going to open my mouth in a public court to fill everybody else's; if I get off I will tell him where the things are."
Prisoner. Q. What grounds had you for telling the Magistrate I was a prostitute? A. By seeing you with different men in coffee-shops at different hours of the night; I bare no recollection of asking you in the cab whether you bad been out of town—you spoke to me and said,' "Where is Helton now, that young 'ape' or 'fool?'"—I said I supposed be would be at the police-court.
WILLIAM BENHAM . I live with Mr. Luxmore, a pawnbroker, of St. Martin's-lane. I produce these clothes pawned by the prisoner on 8th March, about twelve o'clock, for 1l. 12s., in the name of William Helton, who she said was her husband, who wanted the money for a loan society—she pawned the coats and shirts at the same time—this is the ticket I gave.
THOMAS COOPER . I lodge at the prisoner's father's house. I bad some clothes locked up in a box in the room where Relton sleeps—I missed a pair of boots and a shirt on Saturday night, 8th March—I found the box unlocked, but not forced; I am sure I had locked it—I know these boots by this strap being undone; this skirt is like mine; there is no mark on it.
Prisoner. Q. Is this the first conviction of felony that has been laid to my charge on your account? A. Yes; I never robbed your parents of two handkerchiefs; they were not found in my coat-pocket—I do not recollect your being suspected of taking them—I never robbed my master, Mr. Dark—I have been with him eight years—the Magistrate asked him if he had anything to say against me, and he said no—I was charged with stealing Helton's things and my own, but Mr. Broughton said he never heard such a charge—I have never quarrelled with Relton; we may have had a word if anything occurred.
MICHAEL DUFFY re-examined. Relton charged Cooper with being concerned with the prisoner, as he had moved the things out of the room into a loft two or three days previous to the robbery—the boots and shirt were identified before the Magistrate as his, and he was discharged—there was a handkerchief left at the station; I do not know who by—the constable who went to the station is not here.
MART BORROWS . I am the prisoner's mother; she lives in my house—I saw her leave on this morning at twenty minutes to eight o'clock after the men had gone to work, and before they came home to breakfast—she could get to their rooms while they were out—at the police-court she sent for me, and I asked her where the things were; she said she would tell me when she got off.
Prisoner. Q. Did Relton ever leave his watch in the room? A. Yes; your father once dropped his purse, containing a quantity of silver, and it lay at the foot of the table for five minutes, but nothing was missed out of it.
Prisoner's Defence. On the day the pawnbroker swears to me I was not out of Paddington; I am kept by a gentleman, and have no reason to commit such an act; Relton is connected with some females, who he has given his clothes to, and says it was me that took them; he takes advantage of me, because he knows I have been formerly convicted.
HENRY EDWARDS (policeman, S 128). I was present at the prisoner's trial in Oct., 1848, for stealing from her master—she was convicted, and sentenced to nine months imprisonment; since that she has been twice tried and acquitted.
Prisoner. The prosecutor in that case was afterwards transported, and confessed the fact, and gave me 10s. for my imprisonment.
GUILTY . Aged 28.— Transported for Seven Years.
THIRD COURT.—Thursday, April 10th, 1851.
Before Mr. Common Serjeant, and the Second Jury.
GUILTY . * Aged 33.— Transported for Seven Years.
GUILTY . * Aged 21.— Confined Twelve Months.
GUILTY . ** Aged 18.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 21.— Confined Four Months.
GUILTY .—He received an excellent character. Aged 42.— Confined Six Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 60.— Confined Twelve Months.
GUILTY . †* Aged 17.— Transported for Seven Years.
893. EDWARD HULBERT, THOMAS SMITH, JOHN COCHRANE , and WILLIAM SMITH , stealing 1 pair of overshoes, value 6s.; the goods of Charles Beach, and another: Hulbert and Thomas Smith having been before convicted.
ROBERT DUNLOP (policeman, D 133). On 15th March, about half-past eight o'clock in the evening, I saw the prisoners standing together opposite Mr. Beach's shop in the Edge ware-road—I saw Thomas Smith lift this pair of overshoes off a hook in the lobby at the entrance to the shop—Hulbert was close to him, and the other two about a yard away—a female had gone into the shop just before, and not come out again—Thomas Smith gave the shoes to Hulbert, he put them under his jacket and walked away—I was in plain clothes—I ran across the road towards him, and he threw them down on the pavement—I took hold of him—he said a boy had given them to him—another constable came, and the other prisoners were apprehended.
Cross-examined by MR. PAYNE. Q. Who was with you? A. One other constable, and one came afterwards—I was ten or twelve yards from the shop-door, on the opposite side, when Smith took the shoes—there were several carriages passing—it is a great thoroughfare.
Cross-examined by MR. WOOLLETT. Q. Where was Cockrane when Smith took the boots? A. About a yard away—there was a turning, twelve or fourteen yards away—the other boys were not round that turning.
Cross-examined by MR. PAYNE. Q. Do Beach and Berrall interfere in the business? A. They are there sometimes; I am their servant—these shoes were perhaps a couple of inches inside the doorway.
JAMES M'INTOSH (policeman, D 68). I saw the four prisoners round the shop, and saw Thomas Smith take the overshoes off the nail and hand them to Lewis or Hulbert, they all then walked away—I took Thomas Smith a few yards from the door, and afterwards Cockrane.
Cross-examined by MR. PAYNE. Q. Where were you? A. to the opposite side, ten or twelve yards from the shop—I was not with Dunlop
—I did not see him—I saw Jenkins—I am in the police, but I bare got my shoulder broken, and the doctor will not allow me to wear uniform that I may not be called on to act—I was in plain clothes on my own home.
THOMAS JENKINS (policeman, D 217). I was with Dunlop, and law Thomas Smith take the shoes and hand them to Hulbert, who put them under his jacket and ran away—he afterwards threw them down—the other two were about a yard off them, looking both away, and appeared talking together—I took William Smith.
Cross-examined by MR. PAYNE. Q. Did Thomas Smith and Hulbert go off in the same direction? A. Yes; together.
(Cockrane received a good character.)
HULBERT— GUILTY . †* Aged 16. THOMAS SMITH— GUILTY ** Aged 13.— Confined Twelve Months.—WILLIAM SMITH and COCKRANE NOT GUILTY .
GUILTY . Recommended to mercy. Aged 36.— Judgment Respited.
MR. ROBINSON conducted the Prosecution. ELIZABETH CLIFFORD. I am the wife of Thomas Clifford, of Berwick-street, St. James's. The prisoner came into our service on 21st Jan.—my sister-in-law and our potman also lived in the house—on 24th March, I saw some lace of mine on a cap which the prisoner had been making—I called in the police; her box was searched, and I found this lace collar in it, which is mine, I know it by the peculiarity of the pattern, and there is a place where it was torn with a pin, and has my work on it—this habitshirt is my make—this piece of linen is mine, and this ribbon—I have had it since last Aug.—it was found in her box, and some under the bed—this white ribbon is mine, I have had it many years, and know it by this little piece hanging to it—this chemise is mine, and has my initials on it, done by myself, it was found between her bed and mattress—the prisoner declared the articles were her' s, that she bad brought them into the house, and she could bring persons to prove it—she saw the lace collar at that time, and at Marl borough-street, but not before the Magistrate, she admitted that the collar was mine, but she did not know how it got into her box, and said the things between the bed and mattress were there when she came into our service—the brown ribbon I found in her box had been wrapped up with the two old chemises which I found under the bed, and I had seen them together in a drawer in my room about 15th or 16th Jan.; the drawer was not locked.
Cross-examined by MR. O'BRIEIN. Q. What did you find in her box?
A. The brown ribbon, collar, pieces of silk, and a variety of articles not brought here—I believe the box was locked, but the policeman went into the room before me—most of the other things were found under the bed—this black lace was found in her work-box—there is a join I made in it myself, and I have had it twenty years—I do not know when I had last seen the night dresses—I had a servant named Plumeridge before the prisoner—I was about to give her in charge—I thought in the first instance that she had stolen these things—I had seen the collar in my own possession after the prisoner came into our service—I received a very good chancier with her.
THOMAS BIRD (policeman, C 182). I searched the box, and found the articles, and also those between the bed and mattress—when the collar was food the prisoner said, "That is not your's, it is mine; I brought it into the house, and I can bring witnesses to prove it."
Cross-examined. Q. What was found in the box? A. The collar, silk, and ribbon—the box was locked—she took the key out of her pocket and opened it—there were no drawers in the room.
NOT GUILTY .
GUILTY . Aged 29.— Confined Three Months.
JOHN BAKER (City-policeman, 255). On 8th March, about half-past four o'clock in the afternoon, I saw the prisoner running in King Edward-street, and heard a cry of "Stop thief!"—I saw the prisoner stopped, took him into custody, searched him, and found five silk handkerchiefs and a pair of gloves in his hat—these are three of the handkerchiefs (produced).
Cross-examined by MR. RIITON. Q. Where are the others? A. I was ordered to give them up to him; they were new ones—I do not know how many people were running behind me—the prisoner was first in the race; I did not lose sight of him.
JOHN DOVE . I am a draper, of Newgate-street, in partnership with my brother Henry. On 10th March, Baker brought these handkerchiefs, and I missed them—they were in the shop before—I know them by the pattern; there is no mark on them.
Cross-examined. Q. Are there not hundreds like them in the City? A. There may be.
NOT GUILTY .
JOHN CADE SMITH . I am shopman to William Stephen and James Burnett Dew, of 146, Cheapside. On 8th March, about half-past four o'clock, I came home, and found the prisoner in our shop—he asked for a mode silk cravat; I showed him one, which he said was not quite the thing—I got another out of the window; he looked at it; I told him the price was 7s. 6d.; he offered me 5s.; I told him I could not let it go for that, but I had some ties at that price—I went to the bottom of the shop for them, and as I returned I saw the prisoner tucking one of the cravats
into his pocket—I mentioned it to Mr. Dew, and the prisoner went oat of the shop—I went after him, and called, "Stop thief!"—I saw him stopped, and Baker came up and took him—I went to the station, and saw this cravat taken out of his pocket, and a pair of gloves (produced;) they are ours—we only had two pairs of these gloves, and they were on the counter, near where the prisoner was—this other cravat is the one I saw banging out of his pocket, and these others were also found, making four altogether, with our private mark on them.
Cross-examined by MR. RIBTON. Q. How long has this private mark been on? A. Perhaps two months—the same private mark is not on every article—the letters indicate the selling price, and the figures the cost—many houses in the trade use similar marks—there was a young man between me and the prisoner when I saw him putting the handkerchief into his pocket, but he was on the other side of the counter.
THOMAS EAVES (City-policeman, 84). I took the four handkerchiefs out of the prisoner's right-hand pocket behind, and at the station I took a pair of gloves, this other handkerchief, and five others, out of his hat.
JOHN BAKER (City-policeman, 255). I took the prisoner on these charges, saw him searched at the station, and the five handkerchiefs and a pair of gloves found in his hat, and these other gloves and silk handkerchiefs were taken from his pocket.
GUILTY . Aged 30.— Confined Twelve Months.
(There was another indictment against the prisoner.)
JOHN DEVENISH . I am clerk to Mr. George Frederick Dallas, a cabinet-maker. On 3rd March, in consequence of information, I misted a plane from the shop; I believe this (produced) to be it—I had seen it safe on 1st March—the prisoner was in my master's regular employ that day, at piece-work, but did not come again till the 14th, when I gave him into custody—there was plenty of work for him on the 3rd—at the station he said he took the plane for drink.
Cross-examined by MR. BALLANTINE. Q. He did not say he pawned it for drink? A. No; this is my signature to the deposition—it was read over to me—(read—"At the station-house I heard him say he pained the plane through drink")—that is to the same purport—he did say be pawned it through drink—I am my master's nephew—I gave the prisoner into custody by his authority—he is ill, and went into the country last Tuesday—I swear my master has not sent the prisoner with, took to pawn.
Cross-examined. Q. Had he ever pawned a plane with you before? A. Yes, and taken it out again—I am not aware that it was this one.
WILLIAM MADDELL . In March I worked for Mr. Dallas. To the best of my belief I have seen this plane in his shop—I should not like to swear to it—it has been knocked about—there was a plane like that in our shop on 3rd March, and I missed it on the 4th, at half-past eight o'clock in the morning.
Cross-examined. Q. Has Mr. Dallas gone into the country? A. I beard he was going; I last saw him on Monday.
(The prisoner received a good character.)
NOT GUILTY .
JAMES FELL . I am a gate-keeper in the service of the East and West India Dock Company. On 18th March, between eight and nine o'clock it night, I saw the prisoner and three other lads about twenty yards from a house I was at, close to the Docks—I saw three of them go to a wall, where there was some rope, the property of the Company, banging up—I am quite sure the prisoner was one of them—two of them lifted the rope off, and the other some small line, took it on their backs, and ran away—I ran after them; they dropped it, and I caught the prisoner.
JOHN SUTTON . I am a constable, in the service of the East and West India Dock Company. The prisoner was given into my custody, and this rope (produced)—he said the other boys asked him to lend a hand to carry it away, and he was taken.
GUILTY . * Aged 15.— Confined Fourteen Days, and Whipped.
OLD COURT.—Friday. April 11th, 1851.
Before Mr. Russell Gurney and the First Jury.
GUILTY .— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
DAVID SMEE . I live with Mr. Elliott, a cheesemonger, of Portland-place, Edgwure-road. On 4th March, I was behind the counter, Mr. Elliott was in the shop, and he called my attention to the prisoner who was leaving it—I pursued him into a coffee-shop, in Church-street, Paddington, and found him in a corner very pale and agitated—I asked him if he had stolen some eggs—he said, "No"—I took him back; a lad went with us; and Mrs. Elliott said, in the prisoner's presence, she had missed a parcel of money—I went back to the coffee-shop, and saw a parcel on the table, containing gold and silver—I took it back, Mr. Elliott counted it; it contained six sovereigns, four half-sovereigns, two half. crowns, four shillings, six sixpences, three fourpenny-pieces, and one half-penny.
door in the corner—Smee came in after him, and took him away—the landlady then went into the corner where the prisoner had stood, and told me something—I picked up a paper, and partly opened it; I saw silver in it, and gave it to the landlady.
MARY ELLIOTT . I am the wife of Daniel Elliott, of Portland-place, Edgware-road. I had received 10l. 10s. 0 1/2 d. from my son, and wrapped it up in this piece of paper—the prisoner came in, and asked the price of eggs; I told him, and he handled some—he left in a hurried manner—I called out, "Did not you want some eggs"—he did not answer, and I sent Smee after him, and missed the money—Smee brought it back; I received it; it was the same, and had my writing on it, 10l. 10s. 0 1/2 d., and my son's initials.
Cross-examined by MR. HORRY. Q. Has your husband any name but Daniel? A. No; his house is in the parish of St. Maryle-bone.
JANE POWELL . I am the wife of Samuel Powell, who keeps a coffee-shop in Old Church-street, Paddington. On this evening, Smee came in, and I saw him speaking to the prisoner, and holding him behind the door; he took him out of the shop—I saw a paper where he had been standing, and asked Shram to pick it up; he opened it, and gave it to me, there was gold and silver in it—it was given to Smee.
GUILTY . *† Aged 12.— Confined Three Months, and whipped.
Before Mr. Baron Martin.
NOT GUILTY .
GUILTY . Aged 20.— Confined Eighteen Months.
NOT GUILTY .
GUILTY .— Confined Eighteen Months.
MR. THOMPSON conducted the Prosecution.
JOSEPH WILLIAM BECKETT . I have been a greengrocer, of 71, St. George's-street. Between two and three o'clock in the night between 7th and 8th March, I was with a friend named Belsham, in Bishopsgate-street—we met two girls, who were strangers to us—we went into a public-house there, and treated them—we parted with them in Bishopsgate-street, between twelve and one; they had been in our company a quarter of an hour, at the most—we saw them again at Aldgate Church, and we went on to the Horse and Leaping-bar, Whitechapel, a night-house; my friend and the girls went in—I heard a disturbance, went in, and the girls asked me to pay for the gin—there were a number of people in the tap-room—I saw both the prisoners there—we remained there half an hour, and me,
and my friend, and the two girls went into the parlour; Cannell was going in, and the landlord turned him back—I saw the other prisoner in the tap-room, but not at the time they were going into the parlour—the money with which I paid for the gin, I took out of my right-hand trowsers pocket—kept the money in a bag—there were sixty-eight or sixty-nine sovereigns in it—my other money was loose in my right-hand pocket, the bag was in my left—I had about six or seven shillings in my right-hand pocket—when we got into the parlour we sat down, and had a pot of porter, ant some meat and bread—I paid for it—I think we might have remained there about half an hour, or rather better—while we were there, I man in a light coat came in, and then the two prisoners, and another one—I did not produce any gold while I was in the parlour, nor at all while I was in company with the females, to my knowledge—it was about half-past two, as near as possible, when we left the Leaping-bar—my friend and the two girls went out first, and I followed them—I went through Spectacle-alley into Church-lane—Belsham and the two girls went on first, and I turned up John-street, which is in the same line—when I got there I stood for a time, and did not see any person; I turned round Back church-lane to a place called Williams'-rents, to make water—before I turned round, the two girls came up to me, and wanted to catch hold of my arms; I kept them off—they were waiting at the bottom of Williams'-rents, about three yards from me—I felt my pockets while I was there, and my bag was then quite safe—I was in the act of turning round when I saw the two prisoners about three yards from me—they made up to me—Cannell said, "What are you doing here? or "What are you about?—he then caught hold of me by my arms (be was at the back of me), and pressed them against my throat—then I recollect no more—when I came to my senses I found myself lying in the gutter—I have no recollection of being struck—I was bleeding from my note and forehead, under my eye, and at the back of the ear—Coglan was in front of roe, while Cannell was at the back—I did not perceive Coglan do anything more than he was in front of me, when Cannell seized bold of me—I examined my pockets immediately I got up, and both my trowsers pockets were turned inside out, and the money gone—I was confined to my bed till the following Monday, and then Kelly, the constable, came to me.
Cross-examined by MR. BALLANTINE. Q. Had you known Belsham long? A. Yes, about twelve years; he is an intimate friend of mine—I knew nothing of the girls—I have every reason to suppose they were prostitutes—I was not in any house with them but the public-house—I was not playing with them, nothing of the kind, merely treating them—they sat near me, not on the side the pocket was—Belsham sat next me—this money was the result of a house I had sold belonging to my wife—I have been married about eighteen months—I was not going off to America, and had not made any arrangement of that kind; I was not thinking of it—my wife was at home and in bed on this evening, at 71, St. George's-street—that was about ten minutes or a quarter of an hour's walk from where I was—I had the money with me, with the intention of putting it away—I had received it about a week or a fortnight before—I had bad it about with me two days—I meant to put it into a bank; I had not arranged what bank—I did not walk with the prostitutes; Belsham did—I had left
home about dinner-time, and bad been out all the afternoon—I was in different parts, not in public-houses—I had been at Gray's-inn-lane, at my mother's, the chief part of the time—I might have left there between nine and ten o'clock, perhaps—Belsham was along with me the whole time—I bad received about 91l. a fortnight before—I had got rid of about 20l. not at public-houses—I had not been drinking about for several nights—I have been out a good many other nights with Belsham—I cannot recollect whether I was out with him the night before—I am certain I was not out with him drinking, and in the company of prostitutes—I was very likely drinking with him the night before, because I live in the same house with him—he rents the house—he is married—I had not been out with him on any other nights with prostitutes—I do not say we have not been to public-houses—I saw the prisoners in custody on the Sunday night week—I did not then say I was not certain about them; I said they were the parties—I did not say I felt some doubt because they were dressed differently—they were dressed differently, but I had no doubt about them—I had been drinking a little on this night, but was not at all intoxicated; I was quite sober.
THOMAS KELLY (police-sergeant, H 2). From information I received, I went to the prosecutor's house on Monday, 10th March—the prosecutor gave me a description of the occurrence—I took Cannell on the Sunday night week after the occurrence—I did not take him exactly from his description, but from his description joined with others; I got the same description from others, a perfect one—I told Cannell that he was charged with being concerned with another in assaulting and robbing the prosecutor in Backchurch-lane—I think I said "on Sunday morning," instead of" Saturday;" and I was corrected by another constable, who said, "Saturday morning"—Cannell said, "I know nothing about it"—I said, "Do you deny being at the Horse and Leaping-bar on that morning, or do you deny being in Whitechapel?—he said, "I do deny being at the Horse and Leaping-bar on that morning, or at Whitechapel, or near it"—when we got to the station I directed the constable to go and get Coglan's clothes, because I knew that he was never accustomed to be dressed as he was when be was taken into custody—(both the prisoners were taken into custody at the same house, and at the same time, but by different constables—the clothes were brought, and Coglan said, "I did not wear the jacket on that night, but I wore the trowsers"—I made him take off his clothes, and put on these, which he did—next morning I told Cannell to slip off his clothes, and let me know where his old ones were—I asked him for his address—he said, "You have got one of the cards; that is the address"—it was, "The Hart, Ireland-lane," some place in the City—I sent a constable there, and he brought the coat which he now wears.
GEORGE ISAAC NORTON . On 8th March last I was potman, at the Horse and Leaping-bar. I recollect the prosecutor coming to that house on that rooming in company with another gentleman and two females—they first of all went into the tap-room—several other persons were there; the two prisoners among others—I had seen them in the house before—the prosecutor and his party went from the tap-room into the parlour—Cannell wanted to go in with them—the prosecutor said, "He is not with us;" and Mr. Vile, the landlord, refused to let him go in; but I saw them both in the parlour after that, sitting at the table—I went in, and saw Coglan sitting
in a chair, singing a song—I requested him to desist, and he did to—I remember the prosecutor and his party tearing the house—Cannell was then standing at the bar, and he followed them straight out—I did not notice Coghlan afterwards.
Cross-examined. Q. Is not singing allowed at your house? A. Not after twelve o'clock—I cannot tell you what sort of people come to our house; they pay for what they have—I was not there very long, and am not so inquisitive as you are, to inquire—I do not suppose many respectable females would be out at two or three in the morning—I cannot say whether there were any other females there; there were plenty of men—I had only been there about a week or ten days, to assist Mr. Vils, as his potman had left—I believe the prosecutor showed some money there when he paid for what he had—I did not go out about the time he did—I have been a cab-driver—I was never in any trouble except being summoned for plying for hire—I was once charged with stealing's horse of my own, but the Magistrate immediately dismissed the case—that is six or seven years ago—that is the only time I was taken up.
ALFRED VILE . I keep the Horse and Leaping-bar. It is a night-house, and is open all night—on Friday, 7th March, I recollect seeing the prosecutor coming there—I remember seeing the prisoners there about half-past two o'clock—I recollect refusing their going into the parlour.
Cross-examined. Q. Are you tare the prisoners are the persons you refused to let go in? A. Yes, I refused one—there was nothing extraordinary about that—there were no other persons in that room—there were several others in the house; there were no prostitutes, that I am aware of—I could not swear that they were prostitutes; I have no opinion one way or the other—they might be modest, respectable females; I do not know anything different—I did not suppose them to be prostitutes—from my knowledge, I believe they were respectable, modest women.
EDWARD WIGLEY (policeman, H 141). From information I received, I took Coglan into custody on Sunday night, the 10th, at the Three Cranes, in Brick-lane—(Cannell was with him)—I told him he was charged with being concerned with Cannell in robbing a man in Back Church-lane, on Saturday week, (sixty-eight sovereigns—he said, "That it right"—we went about ten or twelve yards, and then he said, "I know nothing about it"—I took him to the station, and afterwards went to his father's house, and told him his son was charged with being drunk, tod I received from him his clothes, part of which be has on now.
Cross-examine. Q. Was he drunk? A. No.
JAMES BELSHAM . I am a bootmaker, and lire at 71, St. George's-street, St. George's-in-the-East. I was with Beckett on this night—we met two girls in Bishopsgate-street, about half-past eleven o'clock; we went into a public-house, and had something to drink; we afterwards met the girls again, and went to the Horse and Leaping-bar, in Whitechapel—there were a great many people in the tap-room—I could not speak positively to any one—we went from the tap-room into the parlour; the prisoner Cannell attempted to follow, and the landlord prevented him—I afterwards saw him in the parlour—when we left the house we walked down Church-lane, about 150 yards from the house—Mr. Beckett left me, and turned away—the girls were with me—I told them if they did not go away I should speak to the first policeman I met—they left me, and I
saw no more of them or the prosecutor—as we left the house I saw the two prisoners coming towards the door—I bad seen them both in the parlour—I did not see them in Church-lane.
Cross-examined. Q. Are you sure these are the men you saw coming out? A. I am—the women introduced themselves to us—I and Beckett are both married—I did not see him robbed—I have not seen the two prostitutes since, and had never seen them before—I had never been in the Horse and Leaping-bar before—the girls proposed going there—I had been out with Beckett the night before—we had two ladies that night, not our wives—we went to the Standard Theatre—I was with him the night before—we had some ladies then—I do not know who they were.
NOT GUILTY .
Before Mr. Baron Martin and the Third Jury.
MR. PATNE conducted the Prrosecution.
ROBERT JAKES BURGHER . I am a shoemaker, of Skinner's-buildings, Chelsea. On Sunday afternoon, 9th March, I was at the Castle, Broadway, Westminster, and saw the prisoners there—I drank out of a pot that was handed round, and remained there a quarter of an hour, till the house shut up for Church—the prisoners left with me—they said they knew where to take me if I would stand a pot of beer—I said I would do so—there were five of them—they took me under an archway in the next street, but could not get any—we went to a private house and got some there—we came out, and they asked me to stand some more; I would not—Leary put his hand across my breast, Glynn pulled my legs from under me and threw me down—one of them caught hold of my shoulder, and I struggled to get away—it was a drunken spree altogether, that was all I can make of it; if you think proper to forgive them I will.
NOT GUILTY .
909. GEORGE MAYO and CHARLES PALMER , burglariously breaking and entering the dwelling-house of Robert Bevill, and stealing 1 candlestick, 1 inkstand, and other articles, value 11s.; his goods, and 2 frocks and 1 petticoat, value 5s.; of Betsy Orford.
MR. THOMPSON conducted the Prosecution.
JAMES WABY (policeman, N 206). On Monday morning, 10th March, about half-past three o'clock, I heard footsteps of two men running in River-lane, Islington—they turned into Mr. Cubitt's field, fifty or sixty yards from Mr. Bevill's—it was the two prisoners—they ran across the field and got over a fence—I ran round to meet them—when I came up with them I asked what they were doing there—they said they had gone there to sit down—I took them to the station for being there with some unlawful purpose—I found some blue-tipped matches on each of them, and a knife—about nine I heard something, went to James's-street, Islington, and found footmarks of two persons on the beds in the back garden, ten or twelve yards from the house, near the staircase window—one set were those of hob-nailed boots, with small nails in among them; the left boot had two nails out in the second and third rows; the others were of plain shoes—I took off the prisoner's boots and
examined them with the impressions, and made impressions by the side, and they corresponded.
Mayo. My boots are not plain, they have nails in the heels. Witness. There are small nails, but not sufficient to make an impression—it did not rain after three o'clock on Sunday night, and I do not think it did before; it did not rain till after we got to the police-court.
BETSY ORFORD . I am in the service of Robert Bevill, of 2, St. James-street On the Sunday night before the robbery I went to bed in the kitchen, and shut the door—I do not recollect how the window was—I left my clothes on a chair—I heard a noise in the night, and went and knocked at my master's door—I found my clothes in the garden next morning: and the match-box, containing brown-tipped round matches, on the dresser—I had left it on the table—the matches were not like then produced—we had none but round ones—I found some blue-tipped ones is the hall.
ROBERT BEVILL . I live at 2, St. James-street, Islington—it is my dwelling-house. I was called by the last witness, went down, and found the back-door and the lower staircase window open, which is level with the top of the cistern—there is a dust-bin by the wall, by which any child could get to the cistern—I had gone to bed at a little before ten o'clock—the door was fast then, and the window was down, but not fastened—in the garden I found an ink-stand, a bundle of the servant's clothes, some table-covers off the parlour table, and a candlestick, which were my property—the place was strewed with matches, which had been lighted and thrown down, and one or two had not been lighted—they were German matches, very thin and round, brown or red tips, and exceedingly silent—I taw the footmarks of two persons, one with hob-nailed shoes.
Mayo's Defence. We went into the field, and went to sleep for two hours.
MAYO— GUILTY . Aged 25.
PALMER— GUILTY . Aged 19.
Confined One Year.
NEW COURT.—Friday, April 11th, 1851.
Before Mr. Recorder and the Fifth Jury.
910. GEORGE GOODWIN , for breaking and entering a building within the curtilage of the dwelling-house of Frances Howe, and stealing 12 tame fowls, price 1l. 5s.: having been before convicted: to which he pleaded
GUILTY . Aged 61.— Confined Six Months.
GUILTY . Aged 47.— Judgment respited.
GUILTY .— Confined Twelve Months.
PASCOE pleaded GUILTY .
SAYER pleaded GUILTY .
Confined three months
THIRD COURT.—Friday, April 11th, 1851.
Before Mr. Common Serjeant and the Second Jury.
GUILTY . Aged 33.—Recommended to mercy by the Prosecutor.— Judgment Respited.
MESSRS. BODKIN and COOPER conducted the Prosecution.
SAMUEL MINTON . I am apprentice to Charles Button, of 146, Holbornbars. On 27th Feb. I followed Bacon to a marine-store shop, in Leather-lane, kept by Gibbons—he went in, and came out again—I went into the shop immediately, and saw a pestle and mortar on the counter, which, is my opinion, belonged to Mr. Button—I went back to our shop, and Bacon came in soon after, and implored me to forgive him, and not say anything about it—he must have known I had watched him—I did not see any one go into Gibbons' shop after Bacon came out.
Cross-examined by MR. BALLANTINS. Q. Was any one in the shop? A. Gibbons; I went into the shop, and took a look round—Gibbons asked me what I wanted, and I said, "Nothing," and walked out—I saw the pestle and mortar for about half a minute, I should say—I did not take them up—there was nothing peculiar in them—it was made of composition, and of a small size—I know Bacon has been in our employ more than nine months.
WILLIAM BACON (the prisoner). I come out of Newgate; I have been eleven months in Mr. Button's employ. On 27th Feb., between six and seven o'clock, I left my master's shop to go to tea, and took a pestle and mortar with me—I took them to Gibbons's shop, in Leather-lane, only a few minutes' walk from my master's, and he gave me 3d. for them—the price of them in my master's shop would be 11d., I believe—as I was coming away I saw Mr. Minton go there—I went to my roaster's, and saw Mr. Minton—he called Mr. Button; I made a statement to him—a policeman was sent for, and I was taken into custody—I had been taking things to Gibbons for three or four months, from my master's—I took some files—he gave me 1 1/2 d. for the small ones, 2d. for others, and 2 1/2 d. for the large—he said to me, "Is this all you have got? and when I took the last two large ones, he said, "They do not sell so well as the middling size; I shall only give you 2d. for them"—I took some spirit-lamps, and afterwards the brass tops belonging to them—I sold them sometimes to the man, and sometimes to his wife—the first time I took him a dozen
tops; and he said, "Are these all you have got? and said they were no we, only for old brass, and put them into the scale, weighed them, and give me 3d. for them—I took him between five and six dozen of them, and about eight of the lamps, one at a time—he gave me 1d. for the small limps, and 2d. for the large ones—when I took the last large ones, he said be should not buy any more; they did not sell well—I took nine or ten pestles and mortars at different times—at first he gave me 4d., and afterwards he said they did not sell well, and only gave me 3d.—I took him nine porcelain funnels at different times, and about ten or twelve pounds of lead pipe, for which he gave me 1d. a pound—I think I had been robbing my master in this way between three and four months when I was taken—I did not rob any one during the other seven months.
Cross-examined. Q. How often did you rob your master? A. Three or four times a week; I did not buy these buttons on my waistcoat out of any of the goods I stole, but out of my wages, eight or nine months ago—I was seventeen on 5th April—I have no father or mother—I live with Mrs. Bashford, who takes in washing, in Bishop's-head-court, Gray's-inn-lane—one of the lodgers there drives a Post-office van, and another cleans the carriages at the police-court—I used to get home about eleven o'clock at night; sometimes earlier—I took a walk of an evening after I had done work, and I used to go and see my sister; I went there alone—I did not always walk about alone; sometimes with a young man, whose father is a master bricklayer, and lives at 18, Brownlow-street—that is a coffee-shop, kept by a person named Gates—I have been to concerts with him—about a week before I was taken, I went to the Mogul, in Laystall-street—you do not pay to go in there—I did not take any young lady there—there are girls there about my own age—it is not a Casino—I have never danced there—we have a pint of beer there, and hear a song—before I went to Mr. Button's I was out of work about six months, and Mr. Borrows, of 3, Mitre-court, Ely-place, used to lodge and feed me for nothing—I suppose he had a great liking to me—he works at Purday's music-place, in Holborn—before that I was porter at Mr. Joseph's curiosity-shop, in Regent-street, about three weeks, and left on account of being taken bad—before that I was porter, for two years and two months, at Dixon's papier-mache tray warehouse, in Brownlow-street, and I left there to better myself—that was about seven weeks before I went to Regent-street—it was not four years ago that I left Brownlow-street; it is about two years and a half—I have never assisted the police in any way, or ever been a witness before, or in a Court.
Cross-examined by MR. BODKIN. Q. How old were you when you vent into the papier-mache service? A. I think about fifteen.
ADAM M'DONALD (City-policeman, 241). On 17th Feb., I was called to Mr. Button's—I took Bacon into custody—he made a statement in my hearing, and I afterwards went to Gibbons' house, in Leather-lane, in company with Mr. Button, who picked out these three lamps (produced) from the window, as being his property—Gibbons said he had had them exposed for sale for the last nine months—I searched the house for the pestle and mortar, but could not find it—I asked Gibbons what he had done with the pestle and mortar he bought half an hour ago—he said he had sold it—I took Bacon before the Alderman the following day, and Gibbons attended.
Cross-examined. Q. You desired him to attend? A. Yes; he made a
statement, and was taken into custody; but admitted to bail—only me and another policeman went to his house—two more came afterwards, to keep the crowd away.
CHARLES BUTTON . I am a chemist, of Holborn. Bacon has been in my service nine or ten months—three or four months before he was taken, I began to miss articles, lamp-glasses, and brass lamp-caps, of the sort produced—I did not miss any pestles and mortars, but I have a very large stock of them—I missed sixteen funnels—this one produced is a new pattern, made in Worcester, about three months ago; and I have missed lead and files—the selling price of composition pestles and mortars is about 1s. 3d.; the files are from 5d. to 1s. 2d. each; they were all handled with rosewood and mahogany—the lamp-glass would be 5d., and the brass tops 5s. 6d. a dozen—Bacon made a statement to me, and was taken into custody.
Cross-examined. Q. Do you swear to the articles? A. Yes, from the peculiarity of their make—the lamps are not perfect—that would reduce their value considerably; but I have stated the cost price.
MR. THOMAS WOOD . I am chief clerk to the Magistrates at Guildhall. I attended there when Bacon was charged; Gibbons was there, and made a statement, of which I took a note—(reads—"Charles Gibbons, Leather-lane, marine-store-shop keeper. I see the prisoner almost every day—last week, I bought a pestle and mortar of him, and paid him 4d. for it—I sold it for 6d.—I do not know who I bought the lamps of—I do not know whether I bought them of the prisoner—I have had them eight or ten months"—a question was then put, I think, by the Alderman—"Did you buy these three of the prisoner, or not? (these three lamps were then produced) "I cannot tell—I keep a book in which I enter the things I purchase, and there are lamps entered in that book—I cannot say if these are in the book—I purchase what comes to my hand—I did not pay him for them at all"—upon that, Mr. Alderman Humphery ordered him to be put in the dock, as a person to be charged.
GIBBONS received a good character.
NOT GUILTY .
916. WILLIAM BACON was again indicted for stealing 3 spiritlamps, and 1 funnel, value 3s. 3d.; the goods of Charles Button, his master: and CHARLES GIBBONS , for receiving the same; to which BACON pleaded
GUILTY . Aged 18.— Confined Seven Days.
MR. BODKIN offered no evidence against Gibbons.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
ANDREW WALKER . I am connected with the London City Mission, and live in Rochester-row, Westminster. On 4th April, the prisoner was sent to the Pearson-street Reformatory for boys who have been in prison, and of which I am Superintendent, by the Rev. Mr. Cohen, the Chaplain of the Compter—he was received for one month, and at the end of that time, I was to report his conduct, to see if he would be kept any longer—we have a shoemaker's shop, and on Saturday, 8th April, one of the inmates had finished three pairs of boots—the prisoner asked him to let him look at one pair—he gave them to him—the prisoner stepped into the next
room—in about two minutes I found he was gone, and the boots too—I saw no more of him till he was in custody, when I recognised the boots be had on; they were worth 5s.—I have the care of the property, and am responsible for it—the Hon. Arthur Kinnaird is one of the Committee, and there are others.
Cross-examined by MR. RIBTON. Q. Had the prisoner boots on when became? A. Yes, a very old pair—he asked me for a pair to wear—I told him it was the rule of the Institution, as soon as any boy could make a pair out-and-out himself, and conducted himself well, he should have a pair—the boots he had were too small for him—if we had not an old pair by us for him to wear, I should have had his own altered—I have been Secretary and Superintendent of the Institution thirteen years—the two other pairs of boots were smaller—he left his own boots.
MR. PAYNE. Q. Did he ask leave to go away? A. No; these boots were intended for other boys.
JOHN CUTTING (policeman, B 235). I took the prisoner on the Monday, at the corner of Field-lane—he asked what I wanted him for, and I told him I was going to take him back to the Westminster-school—he said I could take him back; he would give me the boots; be would see them d—d before he would stop in a place like that to learn snobbing; he would not stop there for nobody—these boots were on his feet.
Cross-examined. Q. Do his friends live near Field-lane? A. I believe so.
BENJAMIN ADAMS (City-policeman, 214). I produce a certificate (read—Central Criminal Court, Henry Witty, convicted Aug. 1848; and confined two months)—I was present at that trial—the prisoner is the person.
EDWARD ROSSEAU . I am gaoler at Giltspur-street Compter—I produce a certificate—(read—Central Criminal Court, Henry Todd convicted March, 1850; and confined twelve months)—I was not present at the trial—the prisoner came to the Compter at the close of that Session, and went out on 3rd March.
GUILTY of the larceny, and the first former conviction. Aged 15.— Confined Twelve Months .
DAVID CAMPION . I am warehouse boy at the "Punch" office. On 19th March, about ten o'clock in the morning, I saw the prisoner and another lad standing round a gentleman who looked into the "Punch" office window—the prisoner had an overcoat on, in the front pocket of which there was a hole—he pulled the handkerchief out of the gentleman's pocket with his hand in his own pocket—I, and another young man went and collared him—he dropped the handkerchief—I picked it up, went after the gentleman, but he refused to come back—this is the handkerchief (produced).
Prisoner. Q. Where were you? A. Inside, looking through the window—I gave the handkerchief to the constable, and have not seen it since—I believe this is the same.
Prisoner's Defence. It is my own handkerchief, and fell from my pocket.
DANIEL MAY (City-policeman, 357). I produce a certificate of the prisoner's conviction at Clerkenwell—(read—Convicted Jan. 1850; of stealing from the person, and confined six months)—I was present—the prisoner is the person.
GUILTY . ** Aged 22.— Transported for Seven Years.
MR. HORRY conducted the Prosecution.
SARAH FENWICK . I am the wife of James Fenwick, of the Nag's Head, Poplar. On 19th March, the prisoners came to our house together—Pierce called for half-a-quartern of gin which came to 2d.—he tendered a sovereign in payment which I weighed, found good, and put it into a bag with another sovereign, and two halves—I laid down a good half-sovereign as part change, and Griffiths said to Pierce, "There is no occasion for you to change, I will pay for the gin," and laid down 6d.—I gave him 4d., and gave the sovereign to Pierce—I then found the half-sovereign was not like the one I had laid down—I was going to weigh it, and they rushed out of the house—I found the half-sovereign was much lighter than the one I had laid down—I am sure that was a good one.
Cross-examined by MR. PAYNE. Q. How long have you kept a public-house? A. Sixteen years—I did say I was about to take the scales to weigh the half-sovereign I had put on the counter—I told the police directly, as there is a station close by—I had taken two half-sovereigns and a sovereign just before the prisoners came—I always weigh gold—I have never seen the half-sovereign again I first laid down.
WILLIAM HENRY CAMPBELL . I apprehended the prisoners on 19th March, about 500 yards from the Nag's Head, and told them I wanted them to go back there, because they had been there ringing the changes—Pierce said, "We will go back"—I said, "Have you not been there?—he said, "Yes"—I went back with them, and Mrs. Fenwick produced this half-sovereign—I saw her weigh it, and it is considerably lighter than a half-sovereign.
Cross-examined. Q. Did not they both say they bad been to the Nag's Head, and had a quartern of gin? A. Pierce did, and they said they gave her good money—I searched them, and found a sovereign, but no half-sovereign—they had ample time to make away with it.
SAMUEL ARCHER . I am a watchmaker, and jeweller, at 12, Sidney-place, Stepney. I have tested this half-sovereign—I know it by a cut in the side—it is pewter electro-gilt, and is fifteen grains lighter than a sixpence, and one pennyweight lighter than a half-sovereign.
PIERCE— GUILTY . * Aged 40.
GRIFFITHS — GUILTY . Aged 41.
Confined Twelve Months.
(There was another indictment against the prisoners for conspiring to defraud James Fenwick of one half-sovereign, upon which Mr. Horry offered no evidence.)
920. THOMAS HOOLAHAN and WILLIAM COLE , stealing 4 stamps, value 2s., and 12 stamps, 14s.; the goods of Joseph Knight and another, the masters of Hoolahan.—2nd COUNT, charging Cole with feloniously receiving the same: to which HOOLAHAN pleaded GUILTY .
HENRY LAMDEN . I am in the employ of Mr. Joseph Knight—he has one partner: Hoolahan' has been their errand-boy twelve months—I missed some postage-stamps, spoke to Hoolahan about it, and he was also told, in my presence, that if there was anything else wrong he had better tell—among other things he said he had taken six receipt-stamps—we had not missed them—some of the postage-stamps were on envelopes—this envelope and stamp (produced) was found at Cole's house—I believe it to be ours, but cannot swear to it—Cole has been a letter-carrier twelve or fourteen years.
Cross-examined by MR. PARRY. Q. What are your masters? A. Nurserymen—Cole has brought us postage-stamps many times, and he may have brought us bill and receipt-stamps from the Post-office.
TIMOTHY WELLS (policeman, V 83). I took Cole, took him to Mr. Knight's, and he was told, in Hoolahan's presence, that be had received postage-stamps of him—he said he had, but not to so great an amount as the boy stated, and he was willing to pay for what he had had—I found a desk-key on him—I searched a desk at his house, and found in it this envelope and six receipt-stamps.
Cross-examined. Q. Were there other things there? A. Yes; Mr. Lamden stated, in the prisoner's presence at the station, that he believed the stamps were their property.
COLE— NOT GUILTY .
921. THOMAS HOOLAHAN and WILLIAM COLE were again indicted for stealing 120 postage-stamps, and 120 envelopes, value 1l.; the goods of Joseph Knight and another, the masters of Hoolahan: to which HOOLAHAN pleaded
GUILTY . Aged 14.—Recommended to mercy by the Prosecutor.— Confined Three Months.
HENRY LAMDEN (examined by MR. PARRY). Cole used to bring us postage-stamps—I do not know whether Hoolahan ever bought any—he was charged at Mr. Knight's with taking postage-stamps—I do not recollect the exact charge.
(Cole received an excellent character,)
NOT GUILTY .
ELIZABETH UPJOHN . I am single, and am a laundress—I live at Garden-row, Chelsea—I have employed the prisoner to wash for me at her own house about nine months. On 18th Feb. I gave her a chemise and a shirt to wash for me, and I afterwards missed them—I accused her, and the said she pledged the chemise, and did not know anything of the shirt—these are them (produced)—they were given me to wash.
Prisoner's Defence. I did it for a drop of beer.
GUILTY . Aged 16.— Confined One Month.
MR. CLARKSON. conducted the Prosecution.
JOHN GEORGE . I am a constable in the London Docks—the prisoner was a landing and shipping foreman there, at the West Quay. On 25th March, about twenty minutes past four o'clock, as he was passing out at the west gate, I stopped him, and said, "I want to speak to you, Barrell step this way"—I then said, "I have information you have something in your hat"—he said, "No, nonsense"—I said, "I must look," and he said, "Take it off"—I did so, and in it found 11b. 4 ozs. of black tea (produced)—I asked if he had any more—he then put his hand in hit right coat pocket and pulled out a little more—I put my hand in and pulled out 6 ozs. altogether (produced)—I asked him to sit down, as he seemed overcome—I asked him where he got it from; he said he got it from the West Quay, under the shed—I said, "Did you get it out of a chest?—he said, "Out of a chest," and that it was sweepings—it was clean tea, free from dirt—the next morning, as soon as the Custom's locks were taken off the sheds, I went to the West Quay shed and found a chest of tea broken, and about the same quantity of tea gone from it as there it here—this is a sample from the chest (produced)—in my judgment they are both of the same sort.
Cross-examined by MR. WORSLEY. Q. How long have you been a constable? A. Nine months; but I have been a policeman in the Docks for seven years—I have known the prisoner all that time, and seen him almost daily—he had 26s. a week—I know that he was ill four years ago, but do not know that it was paralysis—I believe he lost the use of his left side—I know that he has been ill several times in the last two years, but do not know that he was subject to fits—it is not notorious, to my knowledge, in the Docks that his mind has been seriously weakened by these attacks—I do not know that he has taken to drinking of late, or that he it not able to look down the hold of a vessel, or go near the water's edge—I have seen him near the water's edge—I may have heard the workmen laugh at him—he has not passed as an imbecile man—he is able to do the duty of a foreman—he has never complained to me of swimming of the head—I have never said that I feared he would commit suicide—he has been offered a superannuation pension and declined it.
MR. WORSLET called
MART COLLINS . I am a widow, at 6, County-place, Mile-end-road, and am independent. I have known the prisoner twenty years, and have had frequent opportunities of seeing him—I always knew him to be a respectable man—about four years ago he was attacked by paralysis, and I never apprehended he was exactly right afterwards—he lost the use of his left side, and was unable to put on his coat—about two years ago he had fits frequently: I never saw him in one—I conversed with him about three weeks ago—I consider now that at times he is not right in his mind.
Cross-examined by MR. CLARKSON. Q. What did you talk to him about, three weeks ago? A. Several things concerning my family—he answered me pretty correctly—he asked me how my family were, and other things concerning my household affairs, and how I was getting on—my time was very short, and I did not stop long.
MR. CLARXSON. Q. Was your Husband one of the labourers at the tea warehouse in the Docks? A. No Sir—I beg pardon, yes Sir.
GUILTY . Aged 29.—Recommended to mercy by the Jury. Confined Four Months.
EDWARD GRIFFITHS . On 4th April I went to dine with a friend, and stopped till about one o'clock in the morning—I received there thirty-six sovereigns, twenty-five half-sovereigns, seventeen shillings, and one half-crown, which I put into my purse, and put my purse into my left-hand trowsers pocket—I was going home, but do not recollect being in Hoi born, and any woman accosting me—this purse (produced) is mine; I have had it twelve months—the money is right, except 10l., which the Magistrate allowed me to have.
JAMES COFFEE (policeman, E 31). On the morning of 5th April, between two and three o'clock, I met the last witness walking with the prisoner in Holborn; they turned up Featherstone-buildings, towards Bedford-row, walking arm-in-arm—I hid myself in Jockey's-fields, which lay by Gray's-inn-walk, and saw the prisoner turn the gentleman's pocket out and run away suddenly—I stopped her at the corner of Ann-court, and asked what she had done with the gentleman—she said she left him in Jockey's-fields; that she ran away because he offered her 10d., and she showed me 10d. in her left hand—I asked what she had in the other hand; she said "Nothing"—I laid hold of it and found this purse—I saw a man near, who ran away directly I took the prisoner—I took her back to the gentleman, and found him with another policeman—he was not sober, and complained of having lost between 40l. and 50l.—I showed him the purse, and he claimed it—at the station I found it contained thirty-six sovereigns, twenty-five half-sovereigns, seventeen shillings, and one half-crown—there was other money found on the prisoner.
Prisoner's Defence. The policeman took me to the gentleman, said to him, "Give me the purse," took it from his hand, and then charged me.
GUILTY . † Aged 26.— Transported for Seven Years.
OLD COURT.—Saturday, April 12th, 1851.
PRESENT—Mr. Baron MARTIN; Mr. Ald. COPELAND; Mr. Ald. CHALLIS; Mr. Ald. CARTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
GEORGE WATXINS (City-policeman, 360). On the evening of 9th April I was on duty in Aldgate, and saw the prisoner opposite Mr. Watson's shop—she went in, and came out with this parcel (produced) under her arm—I took her in charge, and took her back.
Prisoner. There was a piece of calico inside the door; I was intoxicated, and it knocked against my legs. Witness. It was not lying down; she was quite sober.
HENRY WATSON . I am in partnership with William Mitchell, at 30, Aldgate. On 9th April the policeman brought in this calico, which I had seen safe on a rail inside the door ten minutes before—it is our property—the door was open.
GUILTY .— Confined Three Months.
926. MARY ANN RAWLINGS , stealing 3 watches and other articles, value 19l. 10s.; the goods of Sir Colin Hockett, her master, in his dwelling-house: also, stealing 1 breast-pin and 2 handkerchiefs; the goods of Ann Brereton: also, stealing 1 pair of stockings, 1 dressing-gown, and other articles; the goods of Samuel Plott, her master: to all which she pleaded
GUILTY .— Discharged, (see Vol. 32, page 496.)
ELIZABETH LESTER . I am single. In Jan. last I lived in Queen-street, Golden-square—the prisoner had been my servant about three weeks and two days—she came to me from the workhouse—I had no apartment for her in the house, and she used to come at nine o'clock every morning—on 10th Jan. she came to my room at eight in the morning, to fetch my boots and dress, to brush them—I was in bed—I said I thought she was early; she said, "No"—I took up my watch, and said she was an hour earlier, and laid it down on the table again—she took the dress and boots, came back with a duster, and began cleaning the room—I was still in bed—she began to dust the table, and took my watch up—I told her to lay it down, as she might break it; she said, "I am going to put it in a little box in the dressing-room, where you keep it" and immediately went out of the room, shut the door, and locked me in, according to my orders—I got up in about an hour—I had not slept afterwards—I went to the little box, and my watch was not there—I rang the bell very loudly three times, and called out of the window, but the prisoner did not answer—the landlady's servant came up, and opened the door—I missed a blue silk dress, a mantle, a pair of boots, my watch and chain, some charms, and a petticoat; they were worth about 30l.
JANE CLIMPSON . I was servant to Mr. Forster, of Queen-street, Golden-square. I left last Monday—on 10th Jan. I was coming down-stairs, and saw the prisoner go into Mrs. Lester's room—I saw her go in twice, and she said her mistress wanted her to go out directly with a parcel—I saw her leave with a bundle, about a quarter to nine—she told me once that if she got a little money, she would go to Ireland first, and then to America.
JAMES STRINGER (policeman). I went to Limerick, by the Magistrate's directions, and on 27th March found the prisoner at the Bridewell, in Kilpenny; her mother was there—I received this blue visite, and a duplicate for it, from one of the Irish constabulary, who said in her presence that he received it from the pawn-office, and that Mrs. Williams had pledged it—Mrs. Williams said she had pledged it, and had received it from her daughter, the prisoner, who said she knew nothing of Mrs. Lester, or of the robbery.
same time as the other things—I had not directed the prisoner to go out on any message.
Prisoner's Defence. Mrs. Lester hired me from the workhouse, at 1s. 3d. a week; I went to the house thinking she was a respectable lady; she went out late at night, and brought home gentlemen with her; the last week I was there, she came home drunk, and slapped my face; the night before I left, she told me to come early in the morning; when I went, she scolded me for not coming earlier; I said I was half an hour earlier than usual; she said, "You have to clean this gentleman's boots, which is the reason I wanted you early; for if he is not down by nine o'clock, he will lose his situation;" I left on account of her bad character, having heard of my father's illness the day before; there were four more bad characters in the house; she gave me the mantle, the rest of the things I know nothing about.
MRS. LESTER re-examined. There was no one sleeping with me, and no boots but my own—I never gave her this visite—I described it with the rest.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Baron Martin.
GUILTY . Aged.—
(MR. CLARKSON, with MR. BODKIN, for the Prosecution, stated, that although the prisoner had taken a considerable sum of money, he had left securities to almost the entire amount of his deficiencies, and that it was the prosecutor's desire that he might be entirely spared from punishment, having restored the money within a very small amount.)— To enter into his own recognizances to appear and receive judgment when called upon.
(There were other indictments against the prisoner.)
GEORGE HENRY BRITTLE . I am a merchant, in the City, and live at 77, Westbourne-terrace, Hyde-park. I lived at the Albany before I was married, and the prisoner was my valet and confidential servant—he remained with me six months after I was married, and left on 20th Dec. last—on 28th Feb. I missed six old check-books and gave information to the police—I also missed two hair-brushes, three velvet caps, a pair of slippers, a pair of plated spurs, three pairs of new kid gloves, four shirt-studs, thirty-four keys, a seal, a gold puzzle, an unset diamond, a microscope and case, two pairs of breeches, a whip, four flannel shirts, and a plate with "Brettle" on it—I was with the officer who found the things in the prisoner's box, at his lodging—at the police-station, before I found them, he cried, begged for forgiveness, and said if I would not let him be locked up, he would return my check-book and all the property he had belonging to me—I have not given him any of these things—the microscope cost about forty guineas.
Cross-examined by MR. MEW. Q. How often do you go to your ware-house? A. Sometimes twice a week; sometimes once in two months, according to arrangement—I take no active part in the business—I have been in it all my life—I have not been on terms of intimacy with the prisoner;
I placed confidence in him—he lived with me about four years at the Albany—I had a very good character with him from Sir Charles Kent, who is now dead—he had to look after the plate and my clothes and to wait at table; those were his only duties—I may have sent him on confidential errands—I have often given him letters to give to ladies—I have not, to my memory, sent him to make appointments with ladies—I do not know a lady named Theobald; I did about seven years ago; she is dead; the prisoner was not with me then—as a servant, he has occasionally admitted women there—I never reposed any confidence in him with reference to those matters—I never requested him not to communicate facts which came to his knowledge—I was very often in the habit of having card parties, but not on Sunday evenings that I know of—I recollect a Mrs. Smith coming to my chambers while the prisoner was there; Mr. Smith came while she was there—Mrs. Smith was not put in a cupboard, she was put in an outer room—the prisoner did not have to get her away while Mr. Smith was there—this is a system of intimidation which has been pursued towards me, to keep me out of Court—I cannot put it upon any person; but the fact of Mrs. Smith being subpoenaed is sufficient to show it—they thought that now I am married I should be ashamed to face the questions of the prisoner's counsel—I know Mrs. Lock, she is my housekeeper—she is not here to intimidate me—I have not been intimidating her; I have said nothing to her—she told me the prisoner's solicitor had been trying to make her say something which was not true, which I communicated to my solicitor—I have trusted the prisoner with 40l. or 50l.; he always accounted accurately till this time—he never gave me notice to leave; I gave him notice—I have no recollection of his being desirous to leave me when at the Albany—I never offered him a new suit of clothes and six months' wages if he would leave roe—I turned him out of the house about 20th Dec. last, for gross impertinence to my wife—these are my private check-books, I do not Wish you to look inside—I drew checks whenever I had bills to pay—I cannot say whether I ever missed drawing a check for a week; without looking over them; here are three drawn in one day, two on another, one on another, and two days afterwards, another—seven of my check-books were found in the prisoner's box, the latest date in them is 25th Oct., 1850—I never gave him any check-books to destroy; I always keep them under lock and key—I never gave him anything but some old clothes and a 5l. note on the day I was married—I have not charged any other person with robbing me—I discharged my coachman because I had reason to believe he robbed me—I never said a Mr. Leek robbed me—the prisoner did not ask me to look over his things when he left; I did not say "They are all right, John"—the check-books are of great value to me as receipts.
ROBERT DUNLOP (policeman, D 133). I took the prisoner at the Chequers, in Duke-street—he said he lived at Mr. Gibbs's, livery-stables, Titchfield-street—I told him the charge—be said, "I have some property at my lodging which was given to me by Mr. Brettle at the time I lived with him, if you will go with me I will show it"—he said, "I will give you any money if you will let me go"—he wanted me to go to Mr. Brettle's with him before I took him to the station, but I would not—he said, "For God's sake! do allow me to go; if I see Mr. Brettle, be will forgive me"—I went to his lodging, and found all this property.
Cross-examined. Q. Did you make any memorandum of the conversation? A. No.
MR. BRETTLE re-examined. This microscope, pipe, breeches, and other articles, are all mine—I gave none of them to the prisoner.
Cross-examined. Q. Did you give the prisoner a box of things belonging to Mrs. Theobald shortly before you were married? A. No; I have giren him nothing which belonged to her, she never left anything at my house—she never lived with me—she was often in my house—I had many things of hers, which I bought at a sale six or seven years ago—this riding-whip has her name on it (produced)—I did not give it to the prisoner—it is three years since I saw it, which convinces me that the prisoner has been keeping up a system of robbery for three years—I wrote three letters to the prisoner, accusing him, after he left; and he came to me two or three times, but I would not see him, or hold any communication with him.
GUILTY . Aged 26.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before the Third Jury.
930. ANN FURNER , stealing 2 dressing-cases, 6 rings, 3 bracelets, and other articles, value 80l.; the goods of Thomas Hillman, in the dwelling-house of the said Ann Furner: having been before convicted. MR. BODKIN conducted the Prosecution.
THOMAS HILLMAN . I am chief clerk at an Insurance-office. I lived at the prisoner's house, 57, Beaumont-street, Marylebone, with my family, for three months—there was no male person that I was aware of in the house: but a relation of the prisoner's, a widow, did the down-stairs work—on 8th Feb. I got home to dinner about six o'clock—I remained there a very few minutes, as I bad to go out to our chambers—I returned in a quarter of an hour, and the prisoner asked me if I had seen any man going out—I said, no, I had seen no one near the house—she said as she was in the kitchen she thought she beard some one in the passage, and thought it very likely there had been a robbery committed—she said, "It is very probable there is a man up-stairs now"—I desired some persons passing by to fetch the police—the prisoner said, "I will go for a policeman myself," and went outside for four or five minutes—I remained at the door the whole time, and no one passed me either way while she was gone—I saw the other woman coming down-stairs with a light in her band—she said she thought there was a man under the bed up-stairs—she seemed rather flurried; her hair was falling about—at that time the police had arrived—we immediately went up-stairs—the prisoner pointed to a cloak on the floor, and said, "There's your man"—the drawer of my daughter's dressing-case was under the cloak—the place was in disorder, and everything lying about—I missed articles of jewellery and wearing-apparel, and two 5l. bank-notes—my loss altogether was between 80l. and 90l. at the least.
Prisoner. Q. Did not I and my sister-in-law come down-stairs together? A. You might have done so afterwards; there was a great deal of confusion—I do not know whether your hair was disordered, or whether you both came down screaming.
CHARLES BATTERSBEE (police-sergeant, D 4). I was called to the house about seven o'clock—I found the prisoner, her sister, and a man named Sanderson, there, who was sitting by the kitchen fire, and wanted to know my business there—he appeared to bean acquaintance of the prisoner's—I examined every part of the house, but found no one, or any appearance of any one having entered—I received information, and that day week I went there again, found the prisoner, and told her I had traced one of the stolen notes as being passed by her at Shoolbred's, in Tottenham-court-road, and I must take her into custody—she said, "If you must take me, let me go up, and wash and dress myself, and change my clothes"—I said, "You may go, but I must go with you"—she went into a bedroom, and after she had been there a little while I opened the door, and she was at a desk on the drawers—I inspected it, and found it contained twenty-eight duplicates, but not referring to this property—I left the room again, leaving the door ajar about an inch—I waited outside, and heard her say to a little girl, ten or twelve years old, who was with her, "Oh, dear! oh, dear, what a fool I was to go so near!"—I had told her about Shoolbred's then—I have made inquiries at 15, Euston-square, and find no person named Bennett ever lived there.
Prisoner. Q. Did not you ask me to change my dress? A. No; you did not change it twice—I brought a person from Shoolbred's, and told him he should see two females; to pick out the person who changed the note—as soon as you came in he said, "That is the woman, but she had a darker bonnet on"—he had requested you to put your bonnet on—I know that your father was transported—I did not reproach you with it, or with your having been formerly convicted—you made some slight objection to my opening your boxes—when you said, "Oh, dear, what a fool I was!" you had got your hand to your side; you were four yards from the bed-post; I do not know that you had struck yourself—the two sixpences found on you paid for a cab, because you would not walk; and 4d. was paid for some coffee, which you sent for.
MARY ANN BRIDGE . I am searcher at the station-house, Marylebone. I searched the prisoner, and found on her some keys, duplicates, and this purse, with a 4d.-piece in it—the duplicate is for a brooch and ring.
Prisoner. Q. Were there not two sixpences in it? A. No.
SARAH HILLMAN . I am the prosecutor's wife. On 8th Feb. I missed a great many things and amongst them two 5l.-notes out of three which I had received from Mr. Charles Palmer, in an amount of 25l.—I had paid one of the three to the prisoner for rent on the 21st, three weeks before the robbery.
Prisoner. Q. What time did you leave the house on the Monday after the robbery? A. Directly after breakfast; I arranged the linen, it was then about eleven o'clock—I then went to Brompton-square—I did not go to Shoolbred's shop, nor did either of my daughters, nor did either of them change a 5l.-note at Worthing—I do not remember the number of the 5l.-note I paid you.
RICHARD ADEY BAILEY . I am a clerk in the Accountant's-office, Bank of England. I produce two 5l. notes, Nos. 30769, and 80770, dated 3rd, Dec. 1850—one came under my notice on 12th, and the other on 15th Feb.—it is impossible to say who made the entry in the books.
No. 80769, has the name of "Hunt" on it, in my writing—I received it from Hunt, I do not know when—we keep an account at Jones Loyd, and Co.'s—I think we pay in every morning.
NEWMAN HENRY HUNT . I am in Messrs. Shoolbred's employ. On Monday 10th Feb., between eleven and one o'clock, the prisoner came to the shop, and purchased something amounting to 5d.; she was my first customer that day—she took a 5l.-note out of a green square purse lined with red, the one produced, and gave it to me—I saw gold in the purse, a sovereign or a half-sovereign—I asked her name and address; she said, "Mrs. Bennett, 15, Euston-square," which I wrote across the note—it it here now—I gave it to Applegarth.
Prisoner. Q. What article did the person, who you mistake for me, purchase? A. I am not able to say, it was not my place to make any remark upon your giving me a 5l.-note when you had gold—when I went to identify you, you changed your dress, but not at the first bidding—I said I knew you, but I should like to see you in the brown straw bonnet which you came to the shop in, and you went away and came down in a brown velvet one—the sergeant requested you to change it, and you afterwards came down in a brown straw one.
Prisoner. Q. Why did you leave your master's service? A. To go into the country to see my father, who was ill—I never saw Alfred Coker till the examination—I have bad a glass or two of beer with the sergeant after the examinations—I positively swear to you.
JAMES FELL . I am chief clerk at Marylebone police-court. I produce a note of the prisoner's statement there—(reads—"I have not been in Shoolbred's shop for five or six years; I was not out of my house that day, till a quarter to eight o'clock in the evening.")
ALFRED COKER . I live at 10, East-street, Manchester-square, and know the prisoner. On 10th Feb. I saw her come out of her house, 57, Beaumont-street, and go towards Tottenham-court-road—I was a coach-maker's labourer, and was looking for work; I have since entered the army—I lost sight of the prisoner in Great Marylebone-street—I have known her about twelve months, and have no doubt of it being her.
Prisoner. Q. Did you ever speak to me in your life? A. No; I swear to you by sight; you bad a dark bonnet on—I have seen you sometimes twice a day, and sometimes three times, at the window—it was not Mrs. Hillman that I saw, it was you—I do not know whether you had a shawl or a cloak on—sergeant Battersbee first spoke to me about this on the Monday—I heard of the robbery, and said, "I saw her go out this morning"—he did not offer me drink.
MR. BODKIN. Q. You have lived near Beaumont-street some time? A. Five years—it may be fourteen months since I first knew the prisoner to live there—her face and person were familiar to me.
RICHARD EDWARD GIBBS , Jun. On 7th Jan. I went to Barclay's, the banker's, with this check of ray father's, for 25l.—I received three 5l. Bank of England notes, and 10l. in gold, which I gave to my father.
Prisoner. Q. Did you give them into your father's hand? A. I laid them down wrapped up; there was no possibility of their being changed.
—GIBBS, Sen. I am Mrs. Hillman's brother. On 7th Jan. I sent this check by my son to be changed; he brought me three 5l.-notes and ten sovereigns, which I gave to Mr. Palmer to take to Mrs. Hillman, on Saturday.
Prisoner. Q. Was it wrapped in paper, or loose? A. To the best of my knowledge the gold was wrapped in the notes—I counted the notes but cannot say now that there were three—I gave them to Mrs. Hillman within two days—there was no possibility of their being changed for any others.
MR. BODKIN. Q. Although you cannot tell us how much there was of each, what was the total amount? A. 25l.
JOHN MITCHELL . I am a clerk, in Barclay's house. I produce the check which I entered in the book (produced)—on 17th Jan. I paid three 5l.-notes Nos. 30769, 30770, and 30771, all dated 3rd Dec, 1850; and ten sovereigns.
GEORGE COTTERELL . I keep the Shepherd and Flock, High-street, Marylebone, near Beaumont-street. About ten days or a fortnight before I heard of the robbery, a little girl, a relation of the prisoner's, brought a 5l.-note to me, I changed it and wrote on it—it is neither of there produced.
Prisoner. Q. What did you write on it? A. "57, Beaumont-street"—I have frequently changed notes for you.
Prisoner's Defence. On Monday, 10th Feb., I did not leave home till a quarter to eight o'clock in the evening—there is only my sister-in-law and the little girl to prove it; my other witnesses are not able to be here; I am entirely unprotected.
The Prisoner called
ELIZA HUXLEY . I was frequently with the prisoner in Beaumont-street—she has been in bad health until the last three months, and has been staying at another part of the town—on the day in question we both came down-stairs together screaming—I was not out of the house after the robbery was committed—the prisoner fetched a policeman—no one left the house after five o'clock that night—Mrs. Hillman went out before dinner—I do not remember that Mr. Hillman went out after dinner—there was no objection made to the house being searched on the Tuesday following—the prisoner immediately went to her bedroom, and unlocked a desk, and even the secret drawers of it—everything in the place was examined—there was not a particle of stolen property found—the prisoner was up-stairs with Mrs. Hillman till eleven that day—I remember Mrs. Hillman saying she did not know what she had in her dressing-case, except a diamond ring—Mr. Govett was in the house a quarter of an hour, or twenty minutes—after he left she came down-stairs to me, and remained there—I asked her to prepare Mr. Hillman's lunch—she prepared it and took it up, and she did not leave the room again till after we had our meals—she was not out of my sight all day, except while speaking to Mr. Govett—James Sanderson never lived in the house—he is my cousin—I went to him according to the prisoner's request, but he is not here.
Cross-examined by MR. BODKIN. Q. Have you endeavoured to bring him here? A. I gave him notice—he is to be found at 5, High-street, Highgate—I saw him there the evening before last—I think he lodges at an eating-house—I do not know the name of the people who keep it—he was gone to bed, and was called up to speak to me—Mr. Govett is a surgeon—he is now living in Gray's-inn-lane—he is now in Leicestershire—
was in the house on Monday, and also on Saturday all day—I think I came down from Mrs. Hill man's room about four o'clock in the afternoon of the robbery—a little girl who is here was with me—James Sanderson was not there—he left about eleven in the morning, and did not return till nine in the evening—he was not in the house when the police came; I swear that—I think Mrs. Hillman went out before Sanderson—I let Sanderson out—he took nothing with him—I am not the lady who came down with her hair about her head; it was Miss Furby, her sister—I followed her down—I did not tell Mr. Hillman I thought there was a man under the bed, or near the bed—my brother, whose name is Huxley, married the prisoner's sister—he is a gardener, and lives at Wilmington, in Kent—the girl is Eliza Allen—I have brought her here—I have not talked with her about what I was going to prove—I have only told her the nature of an oath—that was in case she should be asked that—I have not told her what to say at any time—she has been at her mother's, at Bexley, in Kent—I wrote for her, and she came up last Tuesday; since then she has been staying at my first cousin's, Mrs. Neale, 13, Welbourne-street, New North-road—I recommended her there to lodge—I was to pay for her being there—I took her there on Tuesday night—I have seen her there since—I have been sleeping there also—I heard of my relation being taken before a Magistrate on this charge, and that there was a remand, and two examinations—I did not attend and propose myself as a witness; I was too ill from the fright of the robbery—I am subject to fits, and excitement brings them on—I do not know why the little girl did not go—she was sent home immediately.
Prisoner. Q. Did not I write to you, and the little girl to attend at each examination? A. Yes; and you asked for the address of Mrs. Hillman's laundress to be left—it was in consequence of my nervousness and illness that I did not attend at the police-court.
ELIZA ALLEN . On the Monday after the robbery, the prisoner did not go out during the day—I saw Mrs. Hillman go out; I do not remember the time—I went to the prisoner's bedroom, and brought her some clean linen—I did not see her strike herself against the bed—she changed her dress two or three times—I did not see the sergeant come into the room.
Cross-examined. Q. Do you know Mrs. Huxley? A. Yes; she brought me here to-day—she has not explained to me what is meant by taking an oath.
THOMAS ILLSEY . On Monday, 10th Feb., I went to 57, Beaumont-street, between eleven and one o'clock, for the linen—a little girl opened the door to me—a young woman brought down the basket, book, and 2s. 11d. to me.
COURT. Q. You are employed by the washerwoman who washes for Mrs. Hillman? A. Yes; I cannot say whether the prisoner was the person who paid me; it was not Eliza Huxley.
MR. BODKIN recalled
CHARLES BATTERSBEE . I was at the three examinations of the prisoner—I saw Mrs. Huxley there each time, sitting outside, in the Hall—she appeared pretty well—I saw the little girl there once in her company—a person walking very slowly could go from the house in question to Shoolbred's in twelve or fifteen minutes.
MRS. HUXLEY. I wish to contradict that statement; I was not there—the first time I came I was fetched in a cab—the girl was never there.
COURT to ELIZA ALLEN. Q. Were you ever at the police-office? A. No.
GUILTY . Aged 29.— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution.
JAMES THOMAS EDWARDS . I am a wine-merchant, in Harp-lane, Tower-street. In Feb. last, I had a part of my house to let in offices—the prisoner came to look at them—he gave the name of R. H. or R. M. Holmes—he did not put any name up—I did not enter into any agreement with him—he had a paper put up in my office, "All letters addressed to R. M. Holmes and Co., to be left with Mr. Edwards"—we had frequent conversation in the course of his coming to and fro, as regards business, and he said that he was about to open a sherry house; that he had a great deal of property coming to his wife, and that his uncle was connected with Spain, that he should only ship sherries, and he wished me to supply his customers with other articles—that was the agreement we were about to enter into, and he was to receive a commission upon them—on 22nd Feb. he said to me, "I was at Woolwich yesterday, calling on my different customers, and among others Mr. Richards, of the Castle Inn, Woolwich, do you know Mr. Richards?—I said, "Yes"—he said, Richards was a purchaser, and asked me to let him have samples to show to Mr. Richards—I let him have the samples—next day he said that he had sold Mr. Richards a pipe of the port, and a hogshead of the sherry, and wished me to take out the warrants—I did so; these are the warrants (produced)—I endorsed them to Mr. Richards—I at the same time gave him this invoice—(read—This was made out—Mr. W. J. Richards, to J. T, Edwards, dated Feb. 22)—the wine was standing at the Docks in my name, and would not be delivered without these warrants—they are the same as bank-notes—the prisoner told me that Mr. Richards usually paid cash, but he was a little uncertain whether he would, but if not he would give a bill at three months—I told him I had no objection to that, as it was a matter of doubt whether Mr. Richards would pay cash or give a bill, he requested me to give him a blank stamp—I gave him 3s. 6d. stamp—I saw him again the next day, or the day after, and on my asking him if he had seen Mr. Richards, he said he had been to Woolwich, that Mr. Richards was not at home, and he had left the warrants, making an appointment to call the following day to receive the money or take a bill—I saw him again on the 27th or 28th—he then gave me this bill (produced)—I looked at it, and said, "Holmes, this is not Richards' acceptance"—he said, "No; I will explain to you how that is"—he said that Mr. Hallows, upon whom the bill purports to be drawn, kept the Britannia, another house at Woolwich, that Hallows was related to Mr. Richards by marriage, and the reason why it was Hallows' acceptance was
to keep the two accounts distinct, but that Richards bought the wine, it was all one affair—he represented that Mr. Richards was the owner both of the Castle and Britannia, and that Hallows conducted the Britannia for him—he said the wine was for the Britannia—he left the bill with me—I did not take it in payment—I said I must have Mr. Richards' acceptance in lieu of this, and, moreover, I could not take a bill drawn by him upon the parties, that the bill must be drawn direct by me—he said he would get Richards' acceptance—he asked me if he should endorse the bill, and he endorsed it in my presence—I sent the bill to the County Bank—I went down to Woolwich a few days afterwards, inquired about a Mr. Hallows, and found no such person—I saw the prisoner the following day and gave him into custody—I never knew him by the name of Mowbray—be promised to give me another bill instead of this.
WILLIAM JOSEPH RICHARDS . I keep the Castle Inn, Woolwich. I have known the prisoner about thirteen years—he has always gone by the name of Clement Robert Mowbray—in Feb. last, he was indebted to me 7l.—on 26th, be came to me with these two wine warrants, and two samples—I approved of the wine, and purchased the two—the hogshead of sherry was to be a set off for what he owed me, and the pipe of port I paid for, 30l.—7l. was a low figure for the sherry—he said it was worth a good deal more, but he said as he had kept me out of the money so long he he would give me that over—he did not say whose property the wine was—I have no one connected with me of the name of Hallows—my cousin keeps the Britannia—I and my brother placed her there, and to secure ourselves we have it in our name—my cousin's name is Emma Wallis—the prisoner knew I had some connection with that house—nothing was said between me and the prisoner about a person named Hallows—I know nothing about this bill—the prisoner did not give me this invoice—he gave me these two invoices (producing them)—he wrote them in my presence—I know his handwriting—the name of "Holmes and Co." to this bill I should think was his writing, but I should say the body of the bill is not his—I cannot pass any opinion upon the acceptance—I have lived at Woolwich thirty odd years—I know of no person named Hallows there.
WILLIAM STONE ROBINSON . I am a post-letter receiver, at Woolwich, and have been so twenty years—during all that time I never knew such a person as William Hallows, spirit merchant, or any other trade there.
Prisoner. Q. I believe it is not unusual for persons residing in the country to remit sums of money to meet their acceptances which are made payable in London? A. No, it is not.
MR. ROBINSON. Q. When that is so, you always get advice? A. Yes—I cannot say whether any advice was received of such a bill as this.
JOSEPH GURNET SALTER . The prisoner traded in Savage-gardens, under the names of Thomas State Holmes, and Co.—I have known him not quite three months; I was in his employment that time—I knew no person but himself in the concern; he said his uncle was, who lived at Brighton—the prisoner was at Savage-gardens when I went there.
never knew him by any other name than Clement Robert Mowbray. (The bill was here read; it was dated Feb. 26, 1851, drawn by R.M. Holmes and Co., on Mr. W. Hallows, spirit merchant, Woolwich, for 44l. 10s., at three months, and accepted. W. Hallows.)
Prisoner's Defence. The acceptance was given to me by a Mr. Hallows who was about opening a wine and spirit-business at Woolwich, on account of goods sold by me, and that acceptance I gave to Mr. Edwards; there was no demur on his part at first to taking it, but as soon as he raised an objection to it, I told him I would get him Mr. Richards' acceptance; but instead of giving me the opportunity of doing that, or doing anything, be gave me into custody; I have endeavoured to procure Mr. Hallows, but in consequence of being confined here I have not been able to do so.
GUILTY of Uttering. Aged 31.— Transported for Fifteen Years.
NEW COURT.—Saturday, April 12th, 1851.
Before Mr. Recorder and the Sixth Jury.
932. NICHOLAS KESTERISKY and ELLEN KESTERISKY , stealing 24 pairs of trowsers and other articles, value 2l.; the goods of Catherine Evans:—2nd COUNT, receiving the same: to which ELLEN KESTERISKY pleaded
GUILTY . Aged 35.— Confined Three Month.
JOSEPH WAUGH (City-policeman, 628). On Sunday, 23rd March, I took the prisoners in Bell-lane, Spitalfields—I told them they were wanted at the station for a robbery; I did not know the particulars—at the station the sergeant told Ellen she was charged with stealing twenty-four pairs of trowsers—she said she was guilty—she was the worse for drink—the man was sober.
JAMES KNOWLES (City-policeman, 664). On Saturday night, 22nd March, I saw the female prisoner in Levy's Clothes Exchange, in Houndsditch, about a quarter past eight o'clock, carrying thirteen pain of trowsers in a bundle under her shawl—I took her to the station, and asked her how she came by them—she said they belonged to her husband—in consequence of what she said, I went to a beer-shop in Widegate-street; I took her with me—I found the man, called him out, and asked him if he had lost any trowsers, or authorized his wife to take them—he said, "No"—I told him I had stopped his wile with thirteen pairs of trowsers—he said, "She has been drunk for a long time; I have not had a bit of supper; she has been robbing me"—I took him to the station—the inspector said to him, "Are these trowsers yours?—he said, "They are"—he said, "I suppose you do not wish to make a charge against your wife?—he said, "No"—the inspector allowed him to take the trowsers, and they both left—next day I heard of the robbery in Simmons and Levy's clothes Exchange, Houndsditch—I afterwards made inquiries at Mr. Raphael's, Mrs. Osborn's, and Mr. Smith's, and received some articles—I got at Mr. Smith's this pair of trowsers, which have a number
on them—I can swear these are one of the thirteen pairs that I stopped the woman with on Saturday night.
JACOB SMITH . I keep a second-hand clothes shop, in Royal Mint-street. The male prisoner came to my shop on the Saturday night, I should think about nine o'clock—I bought these trowsers of him; he asked a shilling—I gave him nine-pence—I gave them to the officer.
SARAH OSBORN . I keep a second-hand clothes shop, in Back-road, Shadwell. The female prisoner came to my shop on 23rd March, with a waistcoat to sell—I did not buy it—I saw the man walking to and fro on the opposite side of the way—she called him over, and said he was her husband, and it was his waistcoat—she came again two or three hours afterwards, and I then bought a pair of boy's trowsers of her—I did not see the man then—I gave them to the policeman next morning.
ABRAHAM RAPHAEL . I keep a clothes shop in the Back-road. The female prisoner came to my shop on Saturday night, 22nd March, between nine and ten o'clock, alone—she came again on Sunday morning—I bought an old coat of her for a shilling—the man was with her, inside the shop door.
Ellen Kesterisky, He was not in the shop. Witness. Yes, he was; but not so far in as you.
CATHARINE EVANS . I keep a clothes-stall, in Levy's clothes Exchange. I have a locker there, in which I keep my clothes—On Friday night, 21st March, I locked up the locker with two locks; this is one of them—I left all my clothes in it, consisting of men's and boy's wearing apparel—I generally keep seven dozen of trowsers there—I had about that number that night—next morning I found the locker broken, the door half-way open, this lock laid on the ground, and this piece of iron, and the other lock had been picked—I missed two dozen pairs of trowsers, and other articles—I had seen the female prisoner on the Friday evening, she passed and repassed up and down, with a pair of trowsers—it is a place where persons meet to buy and sell—I did not see the man there at all—I was examined before the Magistrate; I did not say that I saw both the prisoners there—I know these goods, two of them have marks that I put on them.
Nicholas Kesterisky's Defence. I buy and sell clothes; I had these trowsers; I gave my wife money to get some supper; she did not return; I went to look for her, but could not find her; when I came back, my door was open, and the trowsers were gone; I went to different public-houses to look for her; I could not find her; I went to bed, and got up at four o'clock next morning, and went out to find her; in the evening, the policeman came, and said he had stopped her with some trowsers; I went and saw my wife, and she said she had sold some; I then went to this witness with one pair; I asked him 1s. 6d. for them; he gave me 9d.; and then my wife sold some—I never stole anything.
(The prisoner Nicholas received a good character.)
NICHOLAS KESTERISKY— GUILTY of Receiving. Aged 52.
Confined Fourteen Days.
MR. WILDE conducted the Prosecution.
PETER FEARNHEAD . I am a solicitor in Clifford's-inn. In Oct., 1849 I had some communication with Mr. Henry Gobat, in consequence of which I ultimately saw the prisoner, and some communication took place between him, me, and Mr. Gobat—I advanced the prisoner 140l., and some title-deeds were deposited with me as security—a memorandum was given—there was a receipt on the back of the deeds for 600l. a promissory-note was given for 140l. with 5 per cent, interest, at three months—it came due in Jan. 1850—it was not paid; but I saw the prisoner and Mr. Gobat, his solicitor, in Jan., 1850; they applied for a further loan, and I said if they would give a mortgage, instead of a deposit of the deeds, I would see if I could advance them more money—I heard something respecting the prisoner, and declined to make the advance, and urged him to give the mortgage—the prisoner called on 23rd Jan., 1850, alone—he said, "I shall owe you something for the abstract I ordered you to send to Mr. Richardson's"—I said, "Yes, it was a very long abstract"—he said, "Let me know what the amount is"—I told him, and he said, "I will pay you the amount if you can give me the difference out of this little bill"—he produced this bill to me, for 29l. 14s. 6d.—I said, "Who is this James Benjamin Parker? I do not know the acceptor"—he said, "He is a very respectable man, a corn-merchant, residing at Colchester, with whom I have had considerable dealings"—I said, "Very well, as that is the case, I will take the bill"—and I gave him a check for the difference, 13l. 14s.—when the bill became due in April, it was not paid; it was returned to my banker's, noted—I afterwards applied to Hankeys', where the bill was payable, and they stated they had no account—on the bill becoming due, I wrote to Colchester, to Newton, and to the acceptor, Parker; and I received my letter back from the post-office—it is directed to "J. B. Parker, cornmerchant"—I went to Colchester; I had friends there, of whom I could inquire—I went to the banker's: to the Corn Exchange: to the editor of the newspaper, and the solicitor, who all said, there was no such person there I inquired at every probable place—Newton had left—I tried to find him, and could not—when I came back to town, I continued to make exertions to find him—I did not hear of him till he was in custody, in Feb., 1851.
Cross-examined by MR. PARRY. Q. You had not seen him since the bill became due? A. No, I believe not—I have not seen him since the bill was due at least a dozen times—I do not remember seeing him at all—I have seen his attorney, Mr. Gobat—I have no recollection of seeing the prisoner the day before this bill was due—since it was due, I saw a person who introduced himself to me as Wilson, and afterwards said his name was Parker, and he was the acceptor of the bill—I have perhaps seen him twice since the bill was due—I have not seen him at least a dozen times—I never myself had any dealings with Parker—I do not know that the body of this bill, and the direction, J. B. Parker, corn-merchant, Colchester, were written by Parker—I do not know his writing—I did not see Parker three different times on the day the prisoner was taken—on the face of the deeds there was a receipt for 600l., but Mr. Barnes, of Colchester, said they were not worth a shilling—I have not issued two writs on this bill; I have no writs on it—I know nothing of the Fingering Hoe Mills—I know the Military Mills—I do not know a person named
Gray. a corn-merchant, there—I do not know that Parker has bad dealings in corn with a person named Gray, I think some witness at Guildhall said that; I did not hear that at Colchester—I think there was a letter from Parker, but I do not know where it is—I never saw him write—on my leaving Colchester, and rinding there was no such person, I concluded the bill was a forgery—that was in April, last year, after the bill became due—it was due on 19th April—I cannot tell how long it was after that—I never heard it was a forgery; I concluded it was a forgery after I left Colchester—I dare say it might be a month after—then I concluded the bill was a forgery—it was in April or May—this is my signature to this letter—it is dated 20th April, 1850, the day after the bill was due—I had not been to Colchester then.
Q. What do you mean by this (reads), "I hear the bill is a forgery, and I shall take out a warrant unless I hear from you by Tuesday next"? A. I had heard somebody speak about it—I Concluded it was a forgery—I employed Childs, a police-officer, to take the prisoner—I gave him authority by direction of the Magistrate—this is my authority to him—I gave this paper to him at the same time—this is an account for two writs, a bill, and other things, amounting altogether to 41l. 2s. 6d.; bill and charges due to Mr. Fearnhead—I did not tell him to let Newton go if he could get this money—I gave this paper to Childs on the day of Newton going into custody—the date of the authority is 14th Feb., 1851—Childs desired me to include all the expenses that had been incurred against Newton and Parker, as he said they had got plenty of money, and Parker was going to pay the bill—Childs had been in search of both of these parties for a long time—I gave this at Childs's request—here are "two writs, 3l. 10s.; "they have nothing to do with this bill—I included them because Childs said they wished to have all the amount—they are the writs for the 140l. which I sent down—I do not know whether the second writ was issued on the day it bean date—I will swear I have not taken out this writ since Jan., 1850, for the purpose of charging it against Newton—this writ for 140l. bears date 23rd Jan. 1850—it was issued on 14th Feb., and the interest of 140l. from 23rd Jan.—I I swear this writ was issued on 14th Feb.—here is an item for 3l. 1s. 6d., and one guinea paid to Mr. Barnes—these moneys were paid at the time this was written—I always pay money directly—my expenses to Colchester are not charged here—I told Childs at the time I gave him this memorandum that if he could get this 41l. odd from the acceptor of the bill, he might let Newton go—I believed at that time that this hill was a forgery—Newton was then at the station.
Q. Have you not said that you held thedeecls in question as security for this bill, as well as for the 140l.? A. I have said that I should not part with them till I got it—I know Charlotte Langfbrd; she called on me respecting the 140l., and said her son would shortly be in cash; and if I would go to Mr. Isaacs, a solicitor, he would give the particulars—I think that was after Newton was in custody—I did not tell her if she could bring me 70l., I would let him go—I did not specify any amount; I wished to get my principal and interest; I never asked for more—I would not attempt to compromise a felony—it was the other sum, the 140l.—I am an attorney, of forty years standing—the application was wade to me about the acceptor—at Guildhall I produced a piece of paper. and asked Parker whether it was his acceptance; he said, "No."
COURT. Q. Then Parker was there? A. He was there, just behind me; I said, "Is this your hanchvriting, and do you know the drawer?"—he said, "No."
MR. WILDE. Q. I understand you to say that you told Childs, if he could get the 41l. 2s. 6d., which included not only the amount of the bill but some other expenses, to let Newton go? A. Yes; when Newton was in custody, I said, if he got the money from the acceptor, to let him go—I always said it was of the acceptor I expected to be paid—I then made a memorandum of all the expenses—I was desired to do so by Childs there was a receipt for 600l. on the title-deeds—I issued no writ with reference to the bill of exchange—I believe, from inquiry, the deeds are of no value.
HENRT WILLIAM TATLOR . I am a native of Colchester, and have resided there twenty-seven or twenty-eight years up to within a short time; I am an auctioneer. I do not know the name of Parker, a corodealer, there—there is no such person as James Benjamin Parker—my business leads me much on the Corn Exchange—there has been no such person there—I know the Military Mills very well; I let them to a person named Gray—he was in possession of them in 1849 and 1850—he was there a few months, I cannot say how long—to the best of my knowledge, there was no person named Parker residing there—I had seen Gray there during that time.
Cross-examined. Q. How long did Gray occupy the mills? A. From five to eight months; I went to the mills on three or four occasions, and saw Gray there during his tenancy, from the latter end of 1849 till sometime in 1850—I am not very accurate—I do not know of my own knowledge that Parker had dealings with Gray for corn and flour—since this case has occurred I have been made aware there was such a person, but not at Colchester—I have heard it mentioned that Parker had dealings with Gray for corn—I am not aware whether Gray bad an account at the Colchester bank—I let those premises to Gray—Messrs. Wilsons were the landlords—they have nothing to do with these mills—I should think the Fingering Hoe Mills are worth 1,600l. or 1,700l.
MR. WILDE. Q. You said that you heard there was a person of the name of Parker who had some dealings with Gray? A. Yes, from casual conversation with a gentleman, who said, "Is it not possible that be might have had dealings with Gray without your knowing it?"—I said, "It is very possible"—to the best of my knowledge'there is a mortgage for 2,000l. on the mills.
Cross-examined. Q. Are you quite sure that the signature, as well as the body and the direction, are the prisoner's writing? A. I believe so; I believe the signature and the body to be the same handwriting.
Cross-examined. Q. What you know is from your books? A. Yes; our books are not here—Messrs. Hankeys are agents for the Colchester bank—it is common for persons who bank at country banks to make their bills payable at a London bank though they have no account there—I am not aware whether a Mr. Gray, of Colchester, has ever made bills payable at our house—my attention was not called to it—he has not an account at Messrs. Hankeys—when a bill is made payable at our house an order comes from the bankers—we hear from the country bank just at the time of the bill coming to maturity, possibly the day before it is due.
COURT to MR. FEARNHEND. Q. Were you aware of the proceedings in the Bankruptcy Court? A. Yes; I did not charge the prisoner there—I thought I had a security on the mills—I sent my clerk to watch the proceedings, but I did not wish to trouble myself about it.
Q. But I understood you to say you were not able to find him; my impression was that he bad been out of the way the whole time; I asked you if you could find him at Colchester, and you said, "No, he was out of the way;" I understood you could not find him, but you knew he was at the Bankruptcy Court in Nov.? A. I heard he was there; this, is one of the deeds I received from Newton.
MR. PARRT. Q. Is this property subject by this deed to a mortgage of 2000l.? A. Yes; I knew that at that time.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Saturday, April 12th, 1851.
PRESENT—Sir JOHN KEY, Bart., Ald; Mr. Ald. CARTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury,
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 18.— Confined Twelve Months.
CHARLES JOHN CLOVER . I assist my brother, William George Clover, a linen-draper, of Tothill-street, Westminster. On the evening of 24th or 25th March, the prisoner and a-youth came to the shop and looked at some handkerchiefs, but did not buy any—I had seen her before, and am sure she is the person—the next morning the constable brought this handkerchief (produced,) which is ours, and which I know by the mark, and I then missed a piece of ten handkerchiefs.
there were eight or ten more in her apron—she went away, and never came back for this one—I gave it to my husband, and he gave it to a policeman—I know it by the mud which is on it now.
WILLIAM MILLERMAN (policeman, B 95). I met the prisoner—she ran away into a house—I broke the door open, took her, and told her it was for stealing some handkerchiefs out of Tothill-street—she said she had not been there—I received this handkerchief from a constable who is not here.
NOT GUILTY .
937. FRANCIS M'NALLY, JOHN DOGHERTY, THOMAS COGAN, WILLIAM WOODERSON , and SARAH WHITE , stealing 9 quarts of wine and 12 bottles, value 30s.; the goods of James Palmer. DOGHERTY having been before convicted:—2nd COUNT, for receiving
M'NALLY pleaded— GUILTY . Aged 22.— Confined Six Months .
DOGHERTY pleaded— GUILTY . Aged 19.— Confined Twelve Months .
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
JAMES PALMER . I am landlord of the Blenheim, Bond-street, Chelsea. On 19th Feb. all the prisoners were at my house—M'Nally, Dogherty, and Wooderson from about three o'clock, in and out, except Wooderson, who did not go out till six or seven o'clock—they had two or three pints of a porter—Cogan came about seven, and I do not think I saw him after half-past—I do not think I saw Wooderson there after six, but M'Nally and Dogherty remained till near half-past eleven—about seven or eight M'Nally and Dogherty, who had been out, brought in the girl White—they all came in sober, and had not been there long before they appeared to get tipsy, M'Nally, Dogherty, and Wooderson were continually sick and unwell about the room between four and six—they actually vomitted—they could not have got drunk on what they had had from me—when White was brought in she came to the bar, called for a pot of porter, and took it into the tap-room, and then began singing loudly—I told my man, she must go—she went away, and I did not see her again—she was not there above a quarter of an hour—I do not allow females in the tap-room—the cellar where I keep my best sherry is immediately under the tap-room—my attention was called to the floor next morning by the potman, and I found a hole, which had been evidently made by this poker (produced)—it was of the same size, and had been burnt through, and the board came up easily—there was no nail in it—when that was raised the wine was in view, and a man could get at it by putting his arm down about a foot or eighteen inches—I found my stock of wine in a very disturbed state, and missed about two dozen bottles, at 48s. a dozen.
Cross-examined by MR. PAYNE. Q. Cogan was only there about half an hour? A. No; he used to live next door to me—he helps his mother, who is a laundress—at the first examination M'Nally and Dogherty only were in custody—we did not take them for three weeks after the robbery—on 26th March Cogan came to my house, accompanied me to the station, and I gave him in charge—we were in search of him—he had been on 24th and seen my wife.
Cross-examined by MR. METCALFE. Q. Does Wooderson live near you? A. Within 200 yards—he delivered himself up at the station, but he bad absented himself from home for a week after M'Nally was taken, and we
were looking for him—I had seen him after the robbery, and before M'Nally was taken, and had not had him taken.
BENJAMIN BEESON . I am potman to Mr. Palmer. I recollect the prisoners being at my master's on 19th Feb—I took them in some beer—it did not exceed three pints—Wooderson bad been drinking when he came in, but M'Nally and Dogherty were sober—White came in the evening; she was merry, but I do not think she was drank—M'Nally and Dogherty got tipsy, and Wooderson more so—M'Nally and Dogherty were sick—about eleven I put out the lights, except ohe small one, and laid down to take a nap—M'Nally and Dogherty were then in the room, and a stranger—in about ten minutes I was disturbed by a strange noise under the seat I was lying on—I looked round and said, "What are you chaps up to? I know there is something more than usual up," and I saw two wine-bottles standing on the floor, and M'Nally and Dogherty in the same box, about a yard from them—I laid down again and went to sleep, and did not wake again till twelve, when they were gone, and the bottles also—White came in the course of the evening, and commenced singing—I received directions from my master to forbid her singing, and tell her to go, as no females are allowed in the room—next morning, about ten o'clock, I found a board had been raised up, and showed it to my master—On 20th Feb. I heard Wooderson say, in the pretence of Dogherty and M'Nally, to a person not in custody, "Well, what if I did have a few bottles? I wish there was another concern to come off to-night; who was the worse for it?
Cross-examined by MR. PAYNE. Q. Gogan was not in the tap-room above half an hour? A. No; I did not see him go—I did not observe that he was drunk—he tried to make Dogherty sensible, who was lying on a settle.
Cross-examined by MR. METCALFE. Q. Was Wooderson lying on a settle part of the evening? A. No; he does not lie when he gets drunk, he is constantly going about—I did not have any wine—I thought the bottles were two medicine bottles, because I bad removed two a day or two before—I did not know till next day that any wine was lost.
MR. ROBINSON. Q. What time did you go to sleep? A. I slept a few minutes at about half-past seven o'clock—I was sober—my master saw me several times; he will know whether I was drank.
GEORGE STEWART . I keep a coffee-house, at Marlborough-road, Chelsea. On 19th Feb. I came home about six o'clock, and found M'Nally, White, and several others, at my house—there was a bottle of sherry on the table, which I tasted, it was good—M'Nally said he had been at work for his grandfather; it was his grandfather's wine; it was good old stuff—I said it was good old stuff, and worth 4s. a bottle—they finished it, and went in and out till eight—after that M'Nally, Dogherty, and White came a little before; arid about twelve, while they were there, Cogan came—Wooderson did not come at all—M'Nally had four bottles of wine, one in each trowsers pocket and each jacket pocket, and Dogherty two, one in each trowsers pocket—they called for coffee and bread and butter first, and after that they began to drink the wine—there were seventeen or eighteen in the room—White took some of the wine, and Cogan also, when he came, and I had some—some of them went to sleep, but before one in the morning they all left together, leaving four empty
bottles behind, which have been destroyed—I did not hear that Mr. Palmer had been robbed till a week after, and I gave information when the policeman came to me; that was nearly a month after the transaction—after the transaction some of the prisoners were at my house of a night till the 27th—not there, but about three weeks ago, I beard Cogan say to a man, if he had more sense he would have taken a clothes-basket in apparently full of linen, and brought it out full of wine—he was talking to another man, not me.
Cross-examined by MR. PAYNE. Q. Did you buy any wine of them? A. No.
JANE THOMAS . I am single, and live in College-street, Chelsea. On 19th Feb., between four and five o'clock, M'Nally came to see me, he took a bottle out of his pocket, gave it me, and said, "Take it up-stairs"—I did so, tasted it, and it was sherry—while he was speaking to me I saw Wooderson standing at the bottom of the street with a dog—M'Nally had come from that direction, and left him there, and afterwards he went back there—they then went away together.
JAMES RICE (policeman, B 248). I apprehended M'Nally and Dogherty, and afterwards White, at Chelsea Workhouse—I told her she must consider herself in custody for being concerned with others, now in custody, for the wine at the Blenheim—she said, "Are not you going to have any more?" I told her I had got M'Nally and Dogherty—she said, "Are you not going to have Cogan? he was at the coffee-shop, and helped to have some of it; there was another girl in it"—she said that she and another girl were standing at the end of College-street when M'Nally and Dogherty came, and said to her, "Will you have some wine?" and M'Nally went home, and brought out two bottles, one of which they drank between them at the end of the street, and took the other to the coffee-shop; and she said, "Where did you get this wine from?" that M'Nally said, "From Mr. Palmer's, at the Blenheim"—she said they drank the other bottle at the coffee-shop, and then went back to the public-house; and she called for a pot of beer, and took it into the tap-room; and that she went there for the express purpose of bringing some of the wine away under her shawl; that she took the beer into the tap-room, and said, "Where do you get the wine from?" they said, "Under here" (under the seat), and they could not get it then, because there was a man in the room; she began singing, and Mr. Palmer sent, and ordered her out; she went back to the coffee-shop, and after a bit M'Nally and Dogherty came in with six bottles, and Nipper Cogan came between eleven and twelve o'clock, and she helped to drink the wine—I afterwards apprehended Cogan at the station, and he stated that when he went into the coffee-shop, there was a bustling of putting some bottles under the seat; and he said to M'Nally and Dogherty, "What bottles are those under there?" and they said, "Why it is that wine from the Blenheim;" and he said, "Why you do not mean to say that is it?"—I apprehended Wooderson on 27th March, and told him he must consider himself in custody for being concerned with the others for that wine at the Blenheim—he said, "I was a d—d fool for having anything to do with it;" he knew he got very drunk on it, and he should like to have some more now, and he would not care where he got it from"—I had been on the look out for him a week—he had been away from home, and I traced him to Lambeth.
Cross-examined by MR. PAYNE. Q. Upon your oath, is not this what occurred (reading the deposition), "At the station-house I heard Cogan say when he went into the coffee-shop, there was a bustling in putting the bottles away; I apprehended Cogan at the station, he having come there with the prosecutor?" A. Yes; I said it all to the Magistrate, and have a witness to prove I said so.
Cross-examined by MR. METCALFE. Q. Wooderson was away a week, and yet came to the station? A. Yes; he said it was no use, he knew the police were after him—I did not know anything of the robbery till three weeks after it was committed—I took Wooderson on another charge.
MR. ROBINSON. Q. Have you told us truly what Cogan said to you? A. Yes.
WOODERSON. Aged 50.
WHITE. Aged 18. GUILTY on 2nd Count.— Confined One Month.
COGAN— NOT GUILTY .
MESSRS. HUDDLESTON and RUSSELL conducted the Prosecution.
STEPHEN PARRY POWLES . I am master of Dunning's Alley Work-house, which belongs to the East London Union, and is appropriated for the reception of female paupers in that Union—the paupers dine together in the hall, at twelve o'clock—the prisoners were inmates—on 1st April Collins, Fuller, Donovan, and Dunlevy were sitting at one table, and Burchell was employed in handing the others the meat after it had been weighed—in the course of the dinner, Fuller said she would be master of the house—I do not recollect now what the others said—Burchell took a potato off the plate of a girl named Sparkes, and I think she touched her nose in so doing—I requested her to sit down, and as she was proceeding to the end of the hall, she turned, and I saw her throw the potato—it passed near my head—I suppose it was thrown at me—I called on the porter, who was present, to do his duty—a girl named Margaret Conner attempted to put Burchell out of the hall—she resisted, and the porter put her out—as soon as the door was shut, Fuller threw the contents of a pannakin of beer in my face, and Collins the contents of the salt-box—Donovan and Dunlevy each threw a plate, one of which hit me in the face, and the other one my head, of which I have the mark now—after that plates came rapidly, and pannakins from the prisoners, and I saw knives and forks falling about me—there was a great disturbance, tumult, and riot—I tried to clear the room, and several kicked me behind, but I cannot say who it was—my face was streaming with blood at the time—I got into the yard—Fuller, Donovan, Dunlevy, and I believe Collins, followed me—Fuller got hold of me by the neck-handkerchief, and tried to strangle me—the others also had hold of me—I was afterwards rescued by some of the other inmates—blood was then running off my nose and chin—I am suffering from the blows now; these plaisters are from the effects of them—I am still under medical treatment—after I was rescued, they rushed up-stairs, and destroyed 250 panes of glass—there were also five door-plates broken, and the sashes of the kitchen-window were broken by Donovan.
Collins. Q. Did not I ask you for a knife and fork, and did not you tell me to go where I came from, if I could not get my dinner without it? A. You did not ask me, and I made no observation of that kind.
AMOS MERRITT (City-policeman, 73). On 1st April I went with Brown to the workhouse, and found Mr. Powles in a private room—he appeared in a very exhausted state—his neck-cloth was rumpled, and his collar pulled out, as if he had been in a struggle, and his face was bleeding—I saw fourteen or fifteen women in the yard, breaking the squares of glass with staves, pails, and their shoes—Collins, Donovan, Dunlevy, and Burchell, were there—we went into the yard, and they were crying out, "Come out, you old b—r, and we will tear your b—y guts out!" and they were throwing their shoes and staves up at the master's window—I saw Collins throwing things up—I cannot say I saw Fuller throw anything, but she was among them—the yard was covered with broken glass, and there was a great disturbance of a character calculated to frighten people—no one but the police would go in among them—I do not know that I ever saw such a disturbance in the streets—they closed round us, and we were obliged to draw our truncheons to keep them off.
Burchell. Q. You did not see me break any glass? A. I saw you throw up at the master's window, and I knocked a stave or pole out of your hand.
Donovan. Q. Did you see me break any glass? A. Yes; with your shoes.
ARTHUR DAWSON . I am porter at the workhouse. I saw Burchell throw a potato at the master—he said, "Porter! do your duty"—I took Burchell out, and was going to take her to the refractory ward; but when I got to the middle of the yard, I heard a smashing commence—I left her and went back, and the hall was then in confusion; there was a regular riot—I saw plates and pannakins thrown, but cannot say who by—some of them went in the direction of the master; I cannot say whether any bit him—I drove them all out, and there was another disturbance in the yard—I saw the master in the small yard, fighting with eight or nine girls, and I ran in between them, and shut him inside the door—I saw Fuller there, but cannot say that she struck him—I think Donovan was there, but I cannot exactly swear it—after the master was taken into the house, a general smashing commenced—I ran into the yard, and saw every one of the prisoners engaged in it—I drove Fuller into the refractory ward, and locked her up.
Fuller. Q. I only ran to the master, intending to smack his face, and did not you take me away before I touched him? A. Yes; I did not see you touch him.
MARY CULLEN . I am a widow, and am an inmate of the workhouse. On 1st April, the prisoners and some others were very disorderly during dinner—I do not recollect their language, I am not very quick of hearing—I was in the upper part of the hall—Burchell was rioting and making a great noise, and the master ordered the gate-man to do his duty—she was being taken out, and the other girls all rose up directly; and I saw two pannakins of beer thrown at the master's face, one after the other, from where the prisoners were; but cannot say who threw them, as there were a great many others between me and them—plates were then thrown, one
after the other—we were so much alarmed for our own safety, that we made the best of our way out, and none of us expected to see the master come out alive—I saw him come out, and cross the yard, and they went out at the other door, and gave him the meeting, followed him to the yard, and I saw him pinioned against the wall—Mary Fuller had hold of him by the neck—if it had not been for Mary Denman, I think he would have been killed—he was afterwards taken into the kitchen—I went back into the hall, and directly after, the windows were all smashed in; and shoes and other things came in through the window—I saw three policemen come, and I believe it was as much as they could do to defend themselves.
MARY DENMAN . I am an inmate of the workhouse. On 1st April, I was in the yard when the master came in, and he was followed by some of the girls—Fuller laid hold of his collar, and they were all holding and kicking him—I saw all the prisoners there but Burchell—I helped the master away from them, and his face was all over blood—there was a great smash of the windows, but I did not see who did it—there was a great disturbance—the police afterwards came, and they had difficulty to defend themselves—I was alarmed myself.
SARAH ANN DODSON . I am an inmate of the workhouse. I was in the kitchen—I heard the disturbance in the ball—I saw Donovan break the kitchen window with a milk-pail, and when the pail came in, she said if she could come in too, she would kick my b—guts out—I heard Miss Powles screaming on the stairs, and when I came back to the kitchen, Mr. Powles was silting on a chair there, and bleeding very much from his face.
Donovan. I own to throwing the pail, but did not use that language.
CHARLES BROWN (City-policeman, 654). I went with Merritt, and saw the master sitting on a chair, in a very excited state—the workhouse was in a very disorderly riotous state—the windows were broken, and there was a great noise, such as to excite terror in the minds of people—I had great difficulty in preventing them from attacking me, and had to draw my truncheon.
Burchell's Defence. I own to throwing the potato, but it was not at the master—the porter has said, that the first charge he could get against me he would give me six months.
Fuller's Defence. The master told me he would tell the Board of my going out with the porter.
Donovan's Defence. I threw a plate, but it did not hit the master.
Dunlevys Defence. When Donovan threw the plate, the master threw some beer at me, and tried to strangle me—there were not five dozen plates in the hall.
Collins's Defence. I asked the master for a knife and fork, and he told me to go to hell and damnation, and took my dinner away from me; he threw me down, and kicked me in the neck and side, and I retched up a great deal of blood.
DUNLEVY—Aged 26. GUILTY on 2nd Count,
Confined Twelve Months.
FULLER—Aged 24.— GUILTY on 2nd Count. Confined Eight Months.
NOT GUILTY .
PATRICK DALEY . I am a labourer, and live at Barnes'-place-gardens, St. Luke's. The prisoner lodged with me, and left on 1st March—I afterwards found my clothes-box broken open, which was before locked, and missed from it four pairs of trowsers, a pair of boots, two waistcoats, a coat, a crucifix, two small medals, and a gown of my wife's—this crucifix (produced) is mine, and was with the other things.
ANNE VAUGHAN . I am the wife of Edward Vaughan. On 1st March, between four and five o'clock in the afternoon, I saw the prisoner coming out of Daley's house, with a bundle and a carpet-bag—I believe there was no one at home, but he spoke as he was coming out as if there was.
JOHN BAKER (City-policeman, 255). On 3rd March, I took the prisoner in Bartholomew-close—I told him the charge; he said he knew nothing of it—I took him to the station, and found on him this crucifix, a duplicate, and 2s. 8d.—I also produce a certificate—read—(Central Criminal Court, Aug. 1850, John Field, convicted of stealing in a dwelling-house, confined six months)—I was present, the prisoner is the person.
GUILTY . Aged 25.— Confined Twelve Months.
(There was another indictment against the prisoner.)
ELIZA OSBORNE . I am quite unwilling to prosecute in this case, but the Magistrate compelled me to do so—I live at 44, Thurlow-square, with my father, Thomas Osborne—the prisoner was in his service—on 27th March, about eight o'clock in the evening, I saw a bundle in the kitchen tied up in an apron—the prisoner went out, and while she was gone I looked into it and found an umbrella and a towel, belonging to my father—I tied it up again—the prisoner came back in a short time, and I asked her to let me see what was in the bundle—she refused, unless a policeman was present—one was sent for; when he came the bundle was opened, and we found the things—she said the umbrella was her own—she afterwards wards said she had taken it to take care of it during our moving, and the had got in by accident—we had moved on the 25th.
GEORGE GRAVES (policeman, B 4). I went to Mr. Osborne's, and found the prisoner and the bundle in the kitchen—I opened the bundle, and found in it this umbrella and towel—(produced)—she said the umbrells was her own, and she did not know how the towel came there.
ELIZA OSBORNE re-examined. This feather belongs to me and my sister; the comb belongs to one of our pupils, and was left in our charge—we had a good character with the prisoner—she was with us a month.
NOT GUILTY .
GUILTY Aged 15.—Strongly recommended to merry by the Jury.—His master engaged to re-employ him.— Confined Seven Days.
ARTHUR JOHN PANTER . I am a cooper, at Bath-street, Finsbury. Harvey was my apprentice—I missed a quantity of oak staves, and spoke to my man about it in Harvey's presence—I afterwards watched Harvey from a turning at the side of my shop, through a hole in the fence, and saw him put some wood ends into his apron, when there was no one in the shop—I afterwards found he was gone—these ends (produced) are of the game description of timber—this chopper is mine, I have had it some years—I never saw Hawkins to my knowledge.
Cross-examined by MR. METCALFE. Q. When did you last see the chopper? A. I cannot my; it may have been a week, or it may have been a year ago—it is worn out and done with—I never knew such wood ss this used for fire-wood.
JOHN HARVEY (policeman, G 14). I watched Mr. Panter's premises—I saw Harvey go into the shop with an apron on his arm, and come out again with a bundle—I followed him to Hawkins's, and saw him give her the bundle; when she had got it in her hand, I said, "What do you call that?"—she said, "It is a pennyworth of chips; I hare two or three pennyworth a-week of him"—I took possession of the bundle, and found it to contain eleven of these pieces, with some chips over them—I asked her whether she had any more, she said, "Yes, there are some is the cupboard"—Evans, who was with me, looked there and found some—I asked whether she had any more; she said, "No"—Evans searched the parlour, and brought out this chopper—she said, "That belongs to me;" and Harvey said, "That does not belong to my matter"—I took them both into custody.
THOMAS EVANS (policeman, G 145). I searched the house, and found some chips, several pieces of wood, and the chopper, in the parlour cupboard; and this other bundle of wood under the bed in the back room.
HAWKINS received an excellent character.
NOT GUILTY .
JOHN HARDWICK . I am a victualler, and superintend the business of my mother, Charlotte Hardwick, who is an omnibus proprietor, and has stables in Brook Green-lane; she is a widow. The prisoner was employed by her in cleaning the omnibuses, and cutting chaff—he had access to where the hay was—on the Thursday before I went before the Magistrate we had twenty trusses of hay piled up, and two others ready for cutting next day—on the Saturday there were only ten left—the prisoner was at work there on Thursday and Friday, and in the ordinary coarse he would be there alone between three and four o'clock in the afternoon, when the other men go to their meals and change their horses—I have seen some hay at Mr. Wood's, which is my mother's.
JAMES WOOD . I am a cow-keeper, at Hammersmith. On this Saturday afternoon, between three and four o'clock, the prisoner brought three trusses of hay on a barrow; he asked me to buy them, and said he had bought
them off a cart—I bought them; after that I gave information—about seven he brought three more trusses—I showed them to Mr. Hardwick and Hitchman.
ROBERT HITCHMAN (policeman, T 204). In consequence of informa, tion, I went with Mr. Hardwick to Wood's, and found the hay there—I afterwards apprehended the prisoner, and told him what it was for—he said, "Very well"—I told him he must go with me to Wood's to see if he was the man who had sold the hay—he said, "I did sell the hay."
GUILTY . Aged 42.— Confined Four Months.
MR. BURNIE conducted the Prosecution.
WILLIAM GEORGE, JUN . I live with my father, who keeps the Wheat Sheaf beer-shop, at Hammersmith. On Sunday evening, 30th March, about seven o'clock, I saw the prisoner coming from the yard, and go out at the front-door—there is a door in the yard which leads from one yard to another, and I saw that open—I immediately ran out, and saw a horse-trough moved from its place, and placed against the wall, so that any one could get on the tiles, and my bed-room window was open—I went up to my room, and missed my watch from off the drawers, which I had seen safe there at four—I went out, found the prisoner in a turning close by, brought him back to the front of the bar, and asked what he had got in his pockets; he turned out several things, but nothing of mine—I then went in search of a person who was with him at our house—I was gone about two minutes, and brought him back (he was discharged by the Magistrate)—I kept them there while my father went for a policeman, and during that time they pulled our gas-burner down, and struck me several times; and during the striking I picked up this handkerchief, (produced) which is mine—a constable came and took them into custody; and while I was gone to the station, the watch was found in our passage—I bad passed through there when I went after the second man, and am quite sure it was not there then—next morning I missed a pair of boots which I had left in my room on the Sunday-morning, and found an old pair under my bed, which did not belong to me—I was going to the station, and met the constable half-way, bringing my boots; these are them produced—a person by walking on the horse-trough, as it was placed, could get on the kitchen, and could then get in at my window—the value of the things I lost is 2l. 10s.
Cross-examined by MR. WORSLEY. Q. Were there other persons drinking in the house? A. Several; this passage is open to everybody in the bouse to go through—when I went out and came back again, I found the prisoner coming from the passage—he had wanted to go out, but they would not let him—I picked the handkerchief up close to the prisoner-feet.
JAMES HARRIS . I am a labourer, and live at Mindon-place, Fulham. On this evening I was at the beer-shop, and saw the prisoner in the passage—I saw him go to the back door and attempt to go out, and Miss George told him he should not—he turned back again, and Mr. George then came back with his companion, and kept them there till the policeman
came—I was afterwards going to the kitchen—I saw the watch on a blind window-ledge in the passage where the prisoner had been—I gave it to Mrs. George—it was a dark passage, but I had a light.
Cross-examined. Q. Did Miss George follow the prisoner as far as he went? A. Yes; he came baek directly—the other man was smaller than the prisoner—I cannot say whether he was younger.
THOMAS BRISTOW (policeman, T 90). I took the prisoner, and received the watch from Mrs. George, and the handkerchief from Mr. George. On the following morning I took these boots off the prisoner's feet at the station—I had heard that boots were missing—I went to Mr. George, and received from him another pair which fitted the prisoner.
GUILTY . Aged 18.— Confined Twelve Months.
OLD COURT.—Monday, April 14th, 1851.
Before Mr. Recorder and the First Jury.
945. ALEXANDER WARDROBE and BENJAMIN LEWITT , feloniously breaking and entering the dwelling-house of Adam Uriah Bryant Meakin, and stealing 12 saucepans, and 225 tin plates, value 5l. 8s.; his property.—2nd COUNT, for receiving the same: both having been before convicted of felony.
MR. MEW conducted the Prosecution.
FREDERICK DIBON I am an apprentice to Mr. Meakin, a tin-worker, he lives at 27, Tun bridge-place, New-road; hit shop is in Lemon-tree-yard, Bedford bury. On Thursday night, 6th March, I locked up the shop—I was the last there—I came out with the men about eight or nine o'clock—I cannot fix the time nearer than that—seven is the usual time for shut ting the shop—it was later that evening—I returned to the shop between seven and half-past next morning, and found it had been broken open—the side window was broken open, and the counting-house door also—I sent for an officer—I know the prisoners—they have both been workmen of my masters—Lewitt was at this time, but Wardrobe had left.
ADAM URIAH BRYANT MEAKIN . On Friday morning, about a quarter to eight o'clock, Dibon fetched me from my private residence to the shop—I found the shop had been broken into, and the counting-house window broken open—I searched and missed a doieu saucepans from the manuquantity factory, and a quantity of tin plates from the warehouse, besides a great of tea-kettles and other articles—(looking at some saucepans produced) these are my property—my figures are inside this one—I put them on myself—it is impossible to tell how much I have lost—I have missed as much as 5l.-worth—Lewitt was working with me at the time—I had taken Wardrobe into my employ about six weeks or two months previous to the robbery—he worked with me about, a week, and was then discharged.
Cross-examined by MR. W. J. PAYNE. Q. How long had Lewitt been
in your employ, about twelve months A. Longer than that—I had a partner named Joseph Boyle—he is not so now—he is interested in the business, but is not a partner—he has 300l. in the business, and is paid a salary of 150l. a year—he has no per centage upon the amount of goods sold—I have lived in Bedfordbury about six months—before that I lived at 30, Francis-street, Tottenham-court-road for about nine months—before that I lived for about eighteen months close to the same premises—Lewitt was paid every Saturday—he was paid by piece work—I have never told him or the other men to take some of the goods instead of paying them money—I swear that—I had not on this day told Lewitt that he might take some of these saucepans away in order to pay himself, nothing of the sort—I do not know a person named Winter—I had no person of that name in my service to my knowledge—I have always gone by the name of Meakin; that is my proper name—I never went by the name of Bryant as my surname—Meakin was my father's name—I succeeded an uncle named Bryant in the business.
Wardrobe, Q. Did not I work the whole of last summer for you?A. Yes; but you were discharged—I took you on again for a week—it is not true that I only paid you money twice while you were with me—I did not tell you if you would come back you should have your money twice a week, Wednesday and Saturday, as I had a partner named Moody who had plenty of money—I have brought the wages book with me so that it may be seen that you received your money regularly as well as the other men.
EDMOND SMITH . I am a broker, and live at 21, Lumley-court, St. Martin's-lane. On Thursday evening, 6th March, about eight o'clock, the two prisoners came to my shop to sell eight saucepans—these produced are part of them—I paid Lewitt for them.
WILLIAM SIMMONS . I am a marin—store dealer, and live at 7, Bedford bury, within four or five doors of Mr. Meakin's shop. On Thursday evening, 6th March, between eight and nine, I was at a public-house opposite, and saw Wardrobe offering two saucepans for sale—I bought this one of him.
JOHN MACKNESS TUCK (policeman, F 101.) I took the prisoners into custody on Friday evening, 7tb March, about half-past nine, in Upper St. Martin's-lane—they were together—I told Lewitt he was suspected of breaking into Mr. Meakin's shop, in Bedfordbury—he said he knew nothing about it.
DOMINIC CORR (police-sergeant, F 15). I was with Smith, and took Wardrobe into custody—I said it was proper I should tell him on what charge I had taken him; he immediately replied, "I don't want to hear it; I don't want to know anything about it, you know your duty and I know mine; you don't want me or expect me to say any thing to criminate myself"—I said that I should tell him, and he interrupted me and did not want to hear it—in going along, the other constable had Lewitt a short distance in advance, and Wardrobe cried out to him, "Have nothing to say to that fellow, mind what you are about"—he had been drinking but was sober—since the prisoners were committed, from information I received, I have subpoenaed another witness, a cabman.
about 150 yards from Bedfordbury—the prisoners hired me, and ordeied me to the corner of George-street New-road, and from there to 46, Crescent-street, Euston-square—I left them there—they had with them from fifteen to twenty tea kettles and a quantity of plate tin, which they took into the house in Crescent-street—I did not know the prisoners before—I am positive they are the men.
Wardrob., Q. Are you positive it was me? A. Yes, I am sure of both of you.
Wardrobe's Defence. On 6th March, I was at work for a person named Field, a tin-worker; Lewitt called on me and said, "If you are not comfortably situated you can come and work for Mr. Meakin; and now we have money on Saturday night and goods in the week, but if you have goods in the week you must pay master for them on Saturday night, because be does not let his partner know it" I went, and met him at dinner-time and had a pint of porter with him; I stood two or three pints; he said he would go over and see Mr. Meakin, he did not suppose be should get any money but he should get some goods, he had some on Tuesday, but in an unfinished state, and was obliged to take less; he went several times, and Mr. Meakin said he should not have them till the evening; in the evening he brought them; I was sitting there having tone porter, one of the witnesses, Simmonds, caught hold of one saucepan sod looked at it, and I being in a muddled state, said, "I will sell you that one cheap," and he bought it; Lewitt said he wished I had sold the lot; he sold the other eight; I got the worse for liquor, and went home and was in bed by eleven o'clock; as far as regards anything else, I am totally innocent.
GEORGE WINTER . I am a tin-plate worker—I have been in the employ of Mr. Meakin three weeks—I am not in his employ now; I left about five weeks ago, after the robbery. About twelve o'clock on the previous night to Mr. Meakin's place being broken open, Lewitt came up into the shop to me and said Mr. Meakin had no money, but he was to have the eight tin quart-saucepans that were in the shop, and about a quarter to five Lewitt took them out of the shop—I believe that to be the time—it is the general practice in the shop for the men to have goods instead of their wages—I have had them myself—I know nothing about the shop being broken open between eight and nine—I only know that the saucepans were taken out about a quarter to five—I saw Lewitt take them out while all the men in the shop were at work—the witness Dibon was not there—the other apprentice was—Dibon was down-stairs; I was up in the workshop when I saw Lewitt take the saucepans—they were underneath one of the benches—I do not know who put them there—they were pot there, I suppose, because they were unfinished—they were unfinished when they were taken away—I saw Lewitt take them away out of the workshop—pretty well all the men were at work at the time—there was a young man named Charley Rayner, and a young man they eall St. Andrew—I do not know his other name—I had only been there a short time (three weeks)—I scarcely knew their names—those are the only names I can tell you—I did not see Wardrobe at all on the occasion.
Cross-examined by MR. MEW. Q. How long had you been living with Mr. Meakin? A. I had been there rather more than a fortnight, then—I was with him three weeks altogether—there were eleven men at work in the shop—there is nobody else on the premises—the goods are
generally kept down-stairs in the warehouse, but these saucepans, being unfinished, were up in the shop—I call these saucepans (those produced) unfinished—they look like the saucepans that Lewitt took—they have every appearance of it.
COURT. Q. Are those unfinished saucepans? A. Yes; they want the handles in front of them—they were all of one size that were taken out of the shop—(Dominic Corr, the police-sergeant here stated, "We have produced nine, eight of one size and one of another.")
MR. MEW. Q. How many saucepans were left in the shop after these went out? A. None at all; these were all that were in the shop—I am quite sure there were no saucepans left—Lewitt took the saucepans out of the shop while all the eleven men were there—they must all have seen him—I took away nothing at that time—but the day before, I and the others in the shop had two tea-kettles each, all the men in the shop—I cannot say how many tea-kettles were then left—they were kept down-stairs in the warehouse—they wanted money, the same as I did, and Mr. Meakin said he could not let us have any money—I went and sold my two kettles for 8d. a piece, and they were charged 1s. each to us—I cannot say who I sold them to, it was over Blackfriars-bridge—I cannot tell the name—it was the first turning on the right over Blackfriars-bridge—the other men took theirs with mine—I cannot tell the name of the street, it was a few doors up on the right-hand side.
Q. In coming down from the workshop above must you go through the warehouse to go out at the door? A. No; you are not obliged to go out at the warehouse.
COURT. Q. Then you got these two tea-kettles for 2s. wages, did you? A. Yes; it is the general practice for the men to have them, if they want anything in the week.
MR. MEW. Q. And there are eleven other men who are all paid in the same way, are there? A. Yes; they take the 1s. 4d. for their 2s.—they are obliged to put up with it—Mr. Meakin did not give good wages—it is one of the worst shops I ever was in for price—he does not give as good wages as other persons—he pays 1s. 4d. instead of 2s., even after reducing the wages to the lowest price—a person in going from the workshop would not necessarily pass through the warehouse to go out—he would come down one of the fly-stairs into the yard—the workmen generally went out through the yard—there are two ladders to go up, to enter the workshop—we all went out together, with a kettle in each hand, one after the other, all in a row—it was pouring with rain, and we got wet through in the afternoon, while we were going about trying to sell them—I cannot tell how many kettles a man can make in a day—there was only one man in the shop that made tea-kettles, that was Lewitt—he could make two dozen in a day—it was about a quarter to five o'clock when the men went away in this way—Mr. Boyle and Mr. Meakin were generally there in the day time—there was nobody in the yard—it was at a tin-plate shop that I sold the tea-kettles—they did not know me—I did not go in myself—I did not sell them—they were all sold together, in one lot—it would not look well for us all to go in together, all the twenty-two were in one lot—a young man they call "Young Jack" took them in—he left Mr. Meakin before I left—he was called "Jack" in the shop—I do not know his other name—I stood out in the street while they were sold—Jack was dressed as a mechanic, in a frock-coat—he was in a working dress—he did
not tell us, before be sold them, that the shop-keeper had offared 8d. a piece—we had told him to get 10d.—we were so tired with walking about we were glad to take anything—we told him, if he could, to get 10d., and if not to take as much as he could get—we came to that resolution in the street—we talked it over in the street, before Jack went in, at the foot of Blackfriars-bridge, as we were going along—I was only with Mr. Meakin three weeks, and I have only had goods once myself, but I have heard the men in the shop say it is a general practice, they are often obliged to do it—the first week I was there I saw Charley Rayner go out with a footpan, which he said be had bad for money—so he told me—I do not know where he sold it—the shop the kettles were sold at is in a street the first turning on the right over Black friars-bridge, and I should say about twelve houses down—I do not recollect the name of the street—it is a tin-plate shop—I do not know that they make up their own goods—they sell tin piste goods—I was never there for myself—not at all—I believe the other men have been there—I left Mr. Meakia about five weeks since, just after this robbery—it might have been three days after—I heard of this robbery the next day—I left on the Saturday—I beard of the prisoners being taken into custody before I left, the same day—Mr. Meakin told me towards the evening—none of the other men left—yes; I made a mistake, young Jack left, and did not come back any more, I have not seen him since that I have been working for a person named Tipping, a tin-plate worked at St. Mary-at-hill—it is not a general practice in our trade to give a week's notice before we leave—the master generally sacks the men as he likes, and it is at the men's option when they leave—I do not know the Dimes of any of the other men except Jack.
COURT. Q. Does Mr. Meakin manage his own business? A. No; Mr. Boyle, I believe—Mr. Meakin gives out the work and takes it in, and Mr. Boyle pays the men their wages—I am not aware that Mr. Meakin give out any work the day before the robbery, but be generally gives the work out, and Mr. Boyle pays the wages on Saturday night—the work was given out just as the men wanted it; there was no set time for it—I was making saucepans at the time the eight saucepans were taken—I did not make the ten-quart saucepans, they had been at the shop before I was there—when men have goods for their money in the week it is generally entered in the book as money, and Mr. Boyle stops it as money; it is not put down as goods—I received 6s. 6d. as wages when I left on the Saturday—I am quite sure I did not receive more.
MR. MEW re-called
FREDERICK DIBON . There were some saucepans up-stairs when I shut up the shop on the Thursday evening; I do not know how many, I did not notice—I saw them there the last thing; I am sure of that—I saw Lewitt go out that evening when I shut up with the other men; he had no saucepans with him—my duty was all about the place—I cannot say whether Lewitt could have gone out with eight saucepans without my seeing him—there was no other way for him to go but through where I was—I was up in the shop with Lewitt—I cannot say whether I was seat out or not; I was there in the evening—I know George Winter as a workman of my master's—I do not recollect his being there that day; I cannot say be was not—the saucepans that I saw in the workshop were ten-quart.
MR. MEAKIN re-examined. I left the shop on Thursday evening, about five o'clock—I had not told Lewitt prior to that that he might take some of the saucepans—there is not a way out of the warehouse into the back-yard; there are not two ways out—they cannot go out without being seen, because the manufactory is above the warehouse, and there is a ladder which goes from the floor of the warehouse and counting-house into the manufactory, and they are obliged to descend this ladder to go out and pass the window of the counting-house—it was impossible for any person to have gone by at a quarter to five with these saucepans without my seeing them—I was in the counting-house at that time—the counting-house and warehouse are as one—Lewitt came to me that day for some money; he did not have any—I told him if 6d. would save his life I would not give it him, for his conduct during the week—he had been drinking all the week—I did not authorize him to take anything—I left at five the evening before—I did not return after that—at the time I left the saucepans in question were up-stairs, in the warehouse—there were a dozen—I am sure they were there when I left, at five—I did not see Lewitt there—when I returned in the morning the dozen saucepans were all gone.
COURT Q. Do you ever pay your men in tea-kettles? A. Never; I never knew of their taking away twenty-two tea-kettles; I had not the slightest idea of such a thing.
Lewitt. I have got a bill here that will show that I was in the habit of having goods to a large amount (handing in a paper). Witness. It was all money lent.
COURT. Q. Did you owe Lewitt any money at the time he asked you for it? A. Not any—this is not a bill of goods sold by me to the prisoner; he may have had some few goods at times, but that was for himself, and charged to him, which he has never paid me for—I went into the workshop before I left, and am sure these dozen ten-quart saucepans were there—the prisoners did not come to work on the Saturday morning—there were about twenty-five kettles missing.
JAMES POSSEE (policeman, L 60). The first turning over Blackfrian-bridge, on the right-hand side, is Upper Ground-street—it is on my beat—I have been on that beat four and a half years—I know the street well—there is no shop on the right-hand side of that street at all, nor any tinplate shop in the street—there is no shop in Stamford-street of that sort, nor in Collingwood-street, which is the next street to Stamford-street.
WARDROBE— GUILTY . Aged 40.
Transported for Seven Years.
LEWITT— GUILIY . Aged 28.)
(The witness Winter was committed by the Court)
946. FRANCIS FALLA , stealing in the dwelling-house of John Law, 9 gold-beater's moulds, 4 oz. of gold, and 1 oz. of silver, value 71l. 5s.; his goods: and afterwards burglariously breaking out of the same; and HARRIET FALLA , feloniously receiving the said goods.
MR. O'BRIEN conducted the Prosecution.
JOHN LAW . I am a gold-beater, of Bethnal-green—I have two houses, and a workshop behind one of them—the male prisoner bad been in my service some months—I discharged him on 24th Feb.—on 21st March I went to bed about twelve o'clock—I looked over a portion of my premises, but not the whole—about three in the morning I was awoke by a policeman, and found some of the things in the workshop disturbed—(the shop adjoins No. 4—I live in No. 3—there is a communication between the two bouses by the counting-house)—I did not miss anything then, not knowing how the work had been left by the men—the front door of No. 4 was open—I had not looked to it before I went to bed—the men came to work at seven, and I missed nine moulds, with gold between them, and a beating of gold—they were worth 72l.—Hill, one of the workmen, ihowed me a pawn ticket—on Monday e?ening I sent for the prisoner—be eame on Tuesday morning—I had in the meantime made tome inquiries about the ticket—I said I wished him to give an explanation of a mould he bad been attempting to sell—be said, "Yes, it was not yours, I have the ticket here," and showed it to me—he said, "I had two, but the other I have lost"—I said, "When did you lose it"—he said, "On Saturday or Sunday, I can't exactly say which"—a policeman eame in and I repeated the same questions to the prisoner, and got the same answers—I laid, "I have the fellow ticket to this in my pocket, which I will produce, and which was picked up in my shop on Saturday morning"—he said nothing—I gave him in charge.
WILLIAM SMITH (policeman, K 28). I heard Mr. Law's conversation with the prisoner—he has stated it correctly—I told the prisoner the nature of the charge—he said, "That you will have to prove"—I showed him the two duplicates, and asked him when the second was in his posession—he said, "I missed it on Sunday, and I saw them both safe the day before"—on the way to the station he said "I have always been taken for a fool, and if I were a fool I could not have committed the robbery"—I knew that he lived at 26, Victoria-street, Shoreditch—I had been there on the Sunday and saw him there—I went there again on 28th March and searched the garden—I knocked at the door—it was not opened—I looked through the front window, and saw that the hearthstone of the front room had been taken up—I went to the next house, No. 27, got to the back of No. 26, and in getting over the fence I saw the female prisoner getting through a fence, from No. 26 into the yard of No. 25—I took hold of her and brought her back to her own house—she is the male prisoner's mother—I found the back-door of No. 26 open—I asked her several times for the box—she said, "Wait a bit"—on that Mr. Law came up—I left the woman in his custody, and went into No. 25, and found this box on the stairs (produced)—it contains eight gold-beater's moulds, and some gold and silver in tin canisters—the woman said, "I went to see my son in prison to-day, and be told me if I looked under the hearth in the front-room I should find a box, and I was to take it to Mr. Law's, which I was going to do"—I do not know that she had been to see her son—I produce a mould, which I found at Thomas Cobb's, 9, West-street, St. Martin Vlane—a person named Brooks lives at No. 25—I saw her at her back-door, which made me go there—there
was a hollow place under the hearth at No. 26, which would have admitted the box.
Cross-examined by MR. PAYNE. Q. I believe nearly the whole of the property has been recovered? A. Very nearly—a men named Perry was examined as a witness before the Magistrate—he has made himself scarce since.
JOHN HILL . I am a journeyman gold-beater, and work for Mr. Law—on 21st March I left work at half-past nine o'clock—all was then safe, and the moulds and gold—I was the last person on the premises—I live at No. 4—I fastened the front door at half-past nine with two bolts—about three next morning I was called up by Mr. Law, and found the workshop in confusion and the front-door wide open—we could not miss anything till the workmen came at seven—I received this pawnbroker's ticket from Livermore and gave it to Mr. Law.
Cross-examined. Q. Was there no window left open which a person could get in at? A. Not that I am aware of; I did not go over the premises—I know this is the same duplicate, because the prisoner put this mark on it in the counting-house.
WILLIAM FURLEY . I am a goldbeater, of 25, Sutton-street, Clerken well. On 20th March, a person named Perry came, and offered me the two duplicates (produced) for sale for 5l.—in the evening the prisoner was brought down to me at my request, and I asked him how he came in possession of the tools the tickets referred to—he said, "I purchased them of a man in Manchester"—I asked him the roan's name, he would not give me any name, and I refused to buy them—they refer to goldbeaters' moulds.
Cross-examined. Q. Did you ever see the prisoner before? A, No; I am quite sure of him—he was there half an hour.
THOMAS COBB . I keep a coffee-shop in West-street, St. Martin's-lane, the male prisoner used to use my house. On Monday, 24th March, he brought me a square brown paper parcel, about four o'clock in the afternoon, and asked me to take care of it for a few days, as it was very valuable—I kept it till the Friday when I gave it to the prisoner, and wrote my initials on it—these are them.
Cross-examined. Q. Did you know the prisoner? A. Yes; I gave the same parcel that he gave me, to the policeman.
MARY ANN BROOKE . I live at 25, Victoria-street, Hackney-road, next door to the female prisoner. On 28th March, between one and two o'clock I was in my room on the ground-floor with the door partly open, and heard a female's voice at the room door—I went to the door, and saw this box on the stairs, and the female prisoner going from the door with her back to me—she said in a hurried manner, "Let the box be there," and went through a gateway into her garden—I made her no answer, she called to me at the gate, and said, "Tell that man who is knocking at my door that I am not at home"—as she spoke, I saw a man getting
over the palings of the next garden, I do not know who he was—there was no box on my stairs five minutes before.
z FRANCIS FALLA— GUILTY . Aged 21.— Confined Six Months.
HARRIETT FALLA (received a good character)— NOT GUILTY .
NEW COURT.—Monday, April 15th, 1851.
CARTER and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
947. GEORGE WILLIAM ELLIS , stealing 2 punch-ladles and other goods, value 3l. 2s., and 10 sovereigns; the property of Thomas Corney, in his dwelling-house; and afterwards burglariously breaking out of the same.
MR. CAARTEEN conducted the Prosecution.
JAMES OSBORNE . I am potman at the Blue Anchor, at Bow, which is kept by Mr. Corney. On Friday night, 14th March, between ten and eleven o'clock, my mistress sent me up-stairs to a bed-room on the first floor—it is a front room, next to her bed-room—on going in I saw the legs of two persons under the bed—I closed the door and remained outside—I made an alarm—I had seen the window closed before I closed the door—I heard some persons coming, opened the door again, and saw two persons getting out of the window—I had a light—the prisoner is like one of them, but I could not swear to him—I believe he had the same coat on that he has now—I did not see his features—I speak from his back—the other man had a short jacket on, but I don't know him at all—the window was fifteen or sixteen feet from the ground—there was a light in the road, but not opposite the window, further on.
Cross-examined by MR. ROBINSON. Q. When you went in you at once saw the two persons' legs? A. No, not at the moment, I had to go to the foot of the bed before I could see them—the window is in front of the foot of the bed—the room is not very large—there is a small curtain which goes against the window, fastened to it—there is a blind to it, which was drawn up.
HENRY STUTSBURY . I am a labourer, of Oliver-street, Bow. On the evening of the 14th March, I was passing the Blue Anchor, I saw the middle window of the three up-stairs, in the room over the bar opened, and two men came out of it and ran along the ledge, which is about six inches wide—they jumped on the tiles of a stable, and from that to, a gate—they jumped off the gate and ran away—I heard the people hallooing and screaming, and a man ran out in a state of great alarm, and pointed up to the front window—there were no lamps, but it was, a beautiful moonlight night—the prisoner is one of the men I am certain—they got away.
Cross-examined. Q. You were standing outside? A. Yes, when the men rushed out, I stopped to see what was the matter—I ran after the two
men, but could not catch them—I work in a coal-gang with my father—it is a week last Monday since I worked—I had worked two days before that—when I have got nothing to do, my father has got work, and he keeps me—I have been up here last week and to-day—I had just left work that night at the gas-factory at Old Ford—I have never been in any difficulty—I live with my father and mother.
ZACHARIAH GIFFORD (policeman, K 384.) I was called to the Blue Anchor—I apprehended the prisoner at his own house the same night—this handkerchief was shown to me by Jenkinson—I had seen it before, and know it by this slit in the corner—I had known the prisoner before, and I took particular notice of this handkerchief when I had him in custody in January last—it belongs to the prisoner—I saw it in his possession in January last—I had it and examined it—I have frequently seen him wear it.
Cross-examined. Q. You had not the prisoner in custody for stealing it? A. No; I do not know whether there is any mark on this other handkerchief—I have not examined it—I cannot tell whether it is marked—I cannot tell how many boles there are in it—I have seen the prisoner wear this handkerchief round his neck tied very loosely—I showed him the next day to the two witnesses—the Blue Anchor is in the parish of St. Mary, Stratford, Bow.
EDWARD JENKINSON (policeman, K 198). I was called to the Blue Anchor on the night of 14th March—I went up in the front bed-room with Mrs. Corney—I searched under the bed, and found these article wrapped up and tied in this handkerchief—here are twenty-four silver tea-spoons, four silver table-spoons, two gravy-spoons, and other articles—I took them to the station.
THIRZA CORNEY . I am the wife of Thomas Corney, who keeps the the Blue Anchor at Bow. On the night of 14th March, between ten and eleven o'clock, I was in the bar, and heard a noise as if something was falling over head—I sent my potman up, and he raised an alarm—I heard the bed-room window open—I went up-stairs when the policeman came, which was about a quarter of an hour after the alarm; I examined my bed-room—there had been a box under the bed, which had been removed, and the beading round it broken off, but nothing was taken out—a drawer, where these silver articles had been in the morning, was forced open—I missed eight or ten sovereigns from a bureau in my room—I do not know that I had seen the prisoner in the house that night—there were two strange men in the house on the Thursday night—this is my husband's property, and was in my bed-room in the front of the house—I had been in the room that evening, and fastened the window about five.
GUILTY . Aged 20.— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
WILLIAM WALTON WILLIAMS . I manage a soap-manufactory in Compton-street, Clerkenwell, for my father, Charles Williams. About July, 1849, I engaged the prisoner in his service—it was his duty to take orders and receive the amounts—he was at first allowed a commission—that went on till the end of 1849—in 1850 he came to me, and said it would be more agreeable to him if I would let him draw 1l. a week on his commission,
that he might make his arrangements at home more convenient—after that he received 1l. a week regularly—he left us in July, 1850, but previous to his leaving he stayed away for a week or a fortnight—there was nothing due to him at the time he left—he was overpaid 6l. 12s. 6d.—Mr. Thompson is a customer of ours—I did not, on 5th June, receive from the prisoner 2l. 2s. received from him—the clerk was the person who received money from the prisoner.
Cross-examined by MR. PARNELL. Q. Has your father any partner? A. No; I made the arrangement with the prisoner—he had no in-door duties—he was traveller—his commission was 15s. a ton on all the goods ordered through him—he did not complain that we had not executed his orders—he may have complained on one or two occasions—I had nothing to do with settling accounts with him—I paid him his salary in 1849—I give him a check whenever he applied to me—there was no regular settlesment till the end of the year—there was no account made up after the end of 1849—while he was away he sent us letters and messages that he was ill; we do not know whether be was ill—a few days after he left, Mr. Dry called, proposing a settlement of the accounts between us and the prisoner—he gave us this list of the sums the prisoner had received—I believe all the sums we charge the prisoner with embezzling were in it—this was delivered in August, 1850—I only saw Mr. Dry once about this—I believe my father saw him twice—I am not sure—I cannot say where the prisoner was living when he wrote this—he had lived in Granville-square—there was a fire there—I should think it was a month after he gave this account to us that he was burnt out—my father did not propose to him in my presence to pay down a certain amount, and to pay the rest by monthly instalments—no proposal was made—my father did not in my presence tell Mr. Dry that he had no objection to his paying a sum down, and paying the rest by instalments on security—nothing of the kind—Mr. Dry brought this paper—I am not aware that I took the book and copied out a debtor and creditor account—I swear the books were not referred to at the time this statement was furnished by Mr. Dry—I did not say to Mr. Dry, "You had better see Mr. Drew about the matter, and call again"—my father did not say so—Mr. Dry came to me, and said a person of the name of Drew had been in our employ, and he had been unfortunately receiving some amounts and appropriated them to his own use, and he came to see if he could make any arrangement; he wished to get him in a situation, and he hoped we would not say anything about it—Mr. Dry said he would see us paid, and we must not do anything to injure this man's character.
MR. COOPER. Q. He said the prisoner had appropriated some money to his own use? A. Yes, I believe those were his words; if he received noney late in the evening we should not expect him to call then; he would pay them the next day—when I received this paper was the first ime I knew of these sums—I gave information to the police the same day.
Cross-examined. Q. Had you been a customer of Mr. Williams'before the prisoner went into their employ? A. Yet, occasionally; I knew more of the prisoner than I did of Mr. Williams—I bought
prisoner's agency—I have known him possibly four or five years—I have found him honest and straightforward—he had been traveller to other houses before this.
JOHN WALTER ELDRIDGE . I manage the business for my father Thomas Eldridge, a grocer and Italian warehouseman, in Oxford-street. I am a customer of Mr. Williams—on 28th June I paid the prisoner two bills, amounting to 9l. 17s. 9d.—he gave me these two receipts.
Cross-examined. Q. How long have you known him? A. About four years; I have found him honest and straightforward.
Cross-examined. Q. How long have you known him? A. Eight or ten years—I have found him honest and well-conducted in his dealings.
SAMUEL GILES . I have been book-keeper to the prosecutor some years; I keep the cash-book in which are entered the sums received. It was the prisoner's duty to get orders, to receive the money for them, and to account to me for the cash—I have looked through the books for 1849 and 1850—there is no sum entered of 2l. 2s. from Mr. Thompson, nor of 9l. 17s. 9d. from Eldridge, nor 3l. 4s. 11d. from Mr. Grosse—they were not paid to me.
Cross-examined. Q. Who kept these books? A. I did; the prisoner might have kept a book, but these books were mine—these entries were often made by him; if not, he saw me do it—I kept the book—he had not access to it when I was not there—I will undertake to say he has made entries in this cash-book—this is the rough cash-book—this other is copied from it—the principal part of this rough cash-book is my writing—the prisoner came to the counting-house two or three times a week—he had no regular time to come; he came when he had orders—I cannot say whether we executed all the orders he brought—I have heard that he said he did not make so much by the place as he ought to have done, because we did not execute the orders—he would enter the orders that he got himself—there had been no regular settlement with him after 1849—he had not applied to roe to have his account made out—I have paid him 2l. or 3l.
JOHN GUNN (police-sergeant, G 8). About the latter end of July, or beginning of Aug., I received orders from Mr. Williams—I went after the prisoner—he was then supposed to be living in Granville-square—I never could find him at home, or in any other place—fourteen days afterwards the fire occurred, and his furniture was removed from there to a place in the neighbourhood, where his letters were directed—I went there, but could not find him—he was taken by another officer.
(The prisoner received a good character.)
GUILTY . Aged 43.—Recommended to mercy by the Prosecutor and Jury.— Confined Four Months.
(There were three other indictments against the prisoner.)
MR. PAYNE conducted the Prosecution.
On 6th March I was employed at the Exhibition buiding—I had a saw—I put it under the bottom of one of the principal staircases about nine o'clock, and missed it between ten and eleven—this is it—the prisoner was at work there, alongside of me—he bad no authority to take it—he did not ask me to let him take it.
Cross-examined by MR. GIFFORD. Q. How do you know it? A. Through its not having been punched through the handle—I should say there are not other saws like it—here is the mark of the hand on it—the word "steel" is very badly put in—it is stamped through nearly—all which are stamped with the same stamp are the same—I have had it nine months, and used it daily.
Cross-examined. Q. Do you know it by the same marks? A. I do.
BENJAMIN SHILLINGFORD . I am a carpenter. I was at work at the Exhibition on 6th March—the prisoner brought me this saw on Saturday morning, and asked me to lend him my saw, as it would suit his work better—I lent him mine and took this—I handed this over to the prosecutor.
NOT GUILTY .
MR. W. J. PAYNE conducted the Prosecution.
JAMES CLARK (policeman, 448 A). I took the prisoner on Monday, 10th March—I found this hammer without a handle in his jacket pocket—I asked him where be lived—he said at 22, High-road, Knightsbridge—I went and searched his place, and in a box which contained his tools, I found this spanner with an "H" on it.
Cross-examined. Q. Where was the box? A. In the bedroom—the prisoner was in custody—he told me he lived there.
BENJAMIN SHILLINOFORD . I am foreman to Messrs. Charles Fox and Henderson, the contractors for the Exhibition. I know this hammerhead—we have had something like 300 or 400 of them, but they have all vanished—I cannot swear to this—I know this spanner by the brand mark—I could not tell this one, as we have so many—the prisoner was a workman there—he had no right to take it away.
NOT GUILTY .
SELINA BURTON . I am single. I was going up Holborn on 3rd April, about twelve o'clock—I felt my dress pulled—I looked round, and saw the prisoner—he ran down Field-lane, and I followed him—I found I had lost a steel bead purse, containing two sovereigns, two half-crowns, three shillings, and some sixpences—I gave notice at the station, and I have not seen it since—there were two or three loose-looking characters in front of me at the time the prisoner was by me, but I do not know them—I had had my purse just before in Farringdon-street.
Prisoner. Q. At what part was it? A. Just on the rise of Holbornhill—I saw your fingers at my dress, on the right side, where my pocket was.
JOHN MOST (City-policeman, 225). I took the prisoner on 5th April in Smithfield—I told him the charge—he said he knew nothing of it—I searched him, and found four half-crowns, a sixpence, and threepence in copper, and a silk handkerchief.
Prisoner's Defence. The officer said if I could satisfy him where I was at the time, he would release me; I was going about with washleathers, and I could not recollect where I was.
GUILTY . Aged 28.— Transported for Seven Years,
(Several officers stated the prisoner was in the habit of training infant thieves, and that he had been convicted,)
JAMES ADAMS . I am shopman to George Flynn, a cheesemonger, Liquorpond-street. About half-past seven o'clock, in the evening of 7th March, I was in my master's shop—someone made a communication to me—I went out and saw the prisoner—I overtook him about fifty yards off—I asked him what he had got—he said, "I have not anything belonging to you"—I found this piece of bacon under his apron—he said, "I had it at a shop"—I said, "Very well; we will see"—I took him back—I know this piece of bacon, and can swear to it—I had just placed it outside, and when I came back, I saw it was gone—I have not the least doubt it is my master's—the prisoner got away from me—I took him again—he struck me several times over the head and eyes—I gave him in charge—when the officer brought him in the shop, he took up a sharp knife, and was very violent—this bacon is worth 8d.
JOSEPH BERRYMAN (policeman, G 181). I received the prisoner from Adams—I saw the prisoner strike him seven or eight times, and the blood was flowing down his face—the prisoner was using threatening language how he would serve him.
Prisoner. I bought the bacon.
GUILTY . Aged 19.— Confined Twelve Months.
MARY POTTER . I was barmaid at the King's Arms, in Strutton-street. I was in the bar, near six o'clock in the evening, on 10th March—I saw the prisoner come through the parlour, at the back of the bar, and take 2l.-worth of silver off a cabinet in the bar—it was standing up in pounds—he could see me, but I do not suppose he was aware that I saw him—he ran into the tap-room—I followed him, and called Mr. Holloway, and told him of it—the prisoner came out of the tap-room again—he got out of the house, but was caught by the potman—I did not see him again till the policeman brought him—I can't say that I had seen him before—I believe he was sober.
I was busy in front of the bar that evening—I saw the prisoner take 2l. worth of silver—he went into the tap-room, my brother went after him—he came out and went outside the door—I went out and took hold of him, but several girls got round me and bit me, and kicked me, and got him away from me—I am sure he is the man—I had seen him about twice before.
Prisoner. I was never in the house but once before in my life.
WILLIAM MILLERMAN (policeman, B 95). I took the prisoner—I told him it was for stealing 2l. from the King's Arms, Strutton-ground—he said, "I suppose I shall get a stretch for this"—I found on him 2s. 6d. in silver, and 3d. in copper—he was drunk.
Prisoner's Defence. I had been in the house about four o'clock; a young man got fighting with the potman, and I went to get him out.
GUILTY . † Aged 22.— Tansported for Seven Yeans.
MR. COOPER conducted the prosecution.
JOSEPH HORTON . I am beadle of Cripplegate Church. In April, 1823, the prisoner was married in that Church to Louisa Thompson—I was an attesting witness—I knew both of them from children—Louisa Thompson is alive now.
Cross-examined by MR. PARNELL. Q. Did you give the lady away? A. Yes; I continued to know them for one or two years after the marriage—they then left the neighbourhood—I have met them both promiscuously during the last two or three years—I have not seen them together—I don't know any of the circumstances of their separation—I have met him and asked him how she was.
Cross-examined. Q. Has she got any children? A. No; she has lived with me about ten years, or longer—they have lived separate sixteen or seventeen years—he came to see her, to pay her some allowance.
MART CALLAGHAN . I was a widow, and lived in New Ian-yard. The prisoner lived opposite me with his wife—on her death he made overtures to me, and I married him at Westham, in Essex, on 3rd June, 1850—he treated me and my child very ill.
Cross-examined. Q. When did this person die? A, On 12th Sept., 1849—I think it was not later than that—I will not be sure—I bad been married once before I married him—I kept a public-house—I superintend the business for a fatherless and motherless child—there was no scandal about the father of the child—I have one child nineteen years old—I have been a widow sixteen years—the courtship between me and the prisoner did not begin before the former wife died, it began about three months after her death—I did not live with the prisoner at all before I married him—he lodged occasionally at my house before he married, and paid so
much a week for board and lodging, perhaps for five or six months—he did not lodge there before his wife died, I should have been sorry if he had—he did not serve in the bar—he dared not do such a thing—I had not heard he was a married man before I married him—I know Mrs. Harvey and Mrs. Gorbett—I had no conversation with them about his being married—I never listen to idle gossiping—I went and got the certificate of the marriage of his second wife, and then I was satisfied—I heard nothing of it before I was married—Mrs. Gorbett did not tell me at the time of the death of the person he called his wife that he had a wife, and if she had I would not have believed her.
GUILTY . Aged 47.— Confined Twelve Months,
MR. J. W. PAYNE conducted the prosecution.
ALEXANDER DOW . I am butler to Mr. Henry Buckle—he lives at No. 40, Westbourn-terrace. On Tuesday, 25th February, Connibeer called on me in the evening—he went in the pantry—there is a cupboard there; the key of it is generally turned, but it was in the door—there was a plate-chest in the room, the key was in it—I will not swear it was locked—Connibeer left at five minutes before nine o'clock in the evening, and on looking at the plate the next morning I missed a table-spoon out of the cupboard—I had seen it safe on the evening of the 25th—on Friday I went to Connibeer's house and did not see him, bat I left word, and he came to me in the evening—I told him I felt confident, as there was nobody else in the pantry but him that evening, that he took the table-spoon—he said he did not—I told him I was confident he did—he said sooner than I should suspect him be would pay for the spoon or half-a-dozen spoons—he said if I would give him the name of a silversmith he would go and get one made—I gave him the name of a silversmith in Cheapside—I saw him again on the Saturday; he called, and said he had not been able to go, but if I would meet him on Monday morning, and take a table-spoon with me for a pattern, he would have one made and pay for it—on Sunday, the day afterwards, I went at half-past five o'clock to the plate-chest for a salad-spoon and a fork that we have for dinner every Sunday—I then missed two forks—I had seen the plate safe in the chest on the Monday morning before—I had not occasion to go to the chest again till the Sunday—I gave the prisoner in custody on Monday, the 3rd March.
Cross-examined by MR. PARNELL. Q. You suspected he must have been concerned about this silver-spoon you lost on the Tuesday? A. Yes; I was to meet him on the Monday, to go to a silversmith to get one to replace it—he kept the appointment, and then I gave him in custody—I had not said anything to my master about the spoon till Sunday—I was afraid of losing my place for letting anybody be in the pantry—the prisoner had been in a respectable situation in Gloucester-gardens, that was how I made his acquaintance—we were on such terms that he came to visit me—I have been eleven months at Mr. Buckley's—we have eight servants.
Cross-examined by MR. CARTER. Q. Are you acquainted with Parker? A. I never saw him but once before the Magistrate.
o'clock in the afternoon, and offered this part of a silver dessert fork for sale—it is not a common pattern, and seeing it was fresh broken I asked his name and address—he said Samuel Parker, 24, Hyde Park-terrace—I asked him whose property it was—he said it was his own—I told him I must make inquiries about it, and if it was all right I would send him the money—he said he would rather I would give him the fork back without any further trouble—he left the fork with me, and I went to 24, Hyde Park-terrace, and found no such person there—about eight the same evening, connibeer came and asked whether a young man had left part of a silver dessert fork with me—I told him, "Yes"—he said it belonged to him—he had had it near two years and a half by him—he had been living with a gentlman, and accidentally broke one, and had to replace it, and this was the fork he broke—I told him the young man had given a wrong name and address—the reply he made was, "That was very wrong of him; he ought not to have done so"—he said, "That is all that people get by doing others good"—he said the young man wanted to put an advertisement in the paper to get a situation, and he gave him the fork to get the money—he wanted to know what I would do—I said I could not give a decided answer till I spoke to the police—he must call the next evening—I asked his name and address, which he gave me, but I forget what it was—he called again, and asked if he could have an answer—he said he had the other part of the fork at home—I had two policemen at my door when he came.
Cross-examined by MR. PARNELL. Q. Did Connibeer take a letter from his pocket, and show you a right address? A. I cannot say—he came on Wednesday night, and again on Thursday night—he then saw the policemen, and had some conversation with them—they asked me to give him in charge, and I could not—he made an appointment to call again on the Monday night.
Cross-examined by MR. CARTER. Q. Had you known Parker before? A. I never saw him before—there is no crest on this—I saw it had been just broken—he said his name was Samuel Parker, but it is different here—I went to the address he gave me, within about ten minutes—it is not many hundred yards from my house—I did not find him there at that time—of course I could not tell but that he had been living there before.
GEORGE FERRIS (police-sergeant, D 28). On Monday morning, 3rd March, Connibeer was given to me by Dow—I told him he was charged with stealing two forks and a spoon from 40, Westbourne-terrace, and he must go to the station—he said, "Very well"—on the road, he said, "This might have been hushed up, and then I should have got out of it"—I told him what he stated to me I should state before the Magistrate—he said, "I am aware of that"—I then asked him where the other young man was that was with him—he said, "Most likely you will find him at the Carpenters' Arms, beer-shop, in Oxford Mews"—I took Connibeer to the station, and searched him—I found on him a pocket-book, a bunch of keys, and various memorandums—I then went to Oxford Mews, and saw Parker—I told him he was charged with offering part of a silver fork for sale, knowing it to be stolen—he said, "I did"—I took him to the station, and found a few keys on him—both the prisoners said that they lived at 2, London-street, Paddington—I went there, and found a box which one of the, keys I took from Connibeer unlocked—I found in it fifty-seven duplicates.
Cross-examined by MR. CARTER. Q. Is this Carpenters' Arms a house of call for servants out of place? A. Yes.
ALEXANDER DOW re-examined. This fork is the same pattern as the forks in my master's plate chest—I believe it is my master's—it is a rose pattern in front, and a shell pattern at the back, which is not seen in one in a thousand—I have brought one to match it.
(Connibeer received a good character.)
CONNIBEER— GUILTY . Aged 24.
PARKER— GUILTY . Aged 21. Confined Twelve Months.
THOMAS HOLTON . I am a butcher, in Holy well-lane. On 4th March, about half-past eight o'clock in the evening, a boy came into my shop and told me something—I missed some beef—the prisoner was pointed out to me—he was thirty or forty yards off with some other boys—he had something under his coat—I asked what he had got—he said nothing belonging to me—I found this beef—it is mine—I gave him in charge.
JAMES BIGGS (policeman, A 435). I produce a certificate of the prisoner's former conviction at this Court, by the name of George Wood—(read—Convicted Nov., 1850; and confined three months)—the prisoner is the person.
(The prosecutor stated that this was the eleventh time the prisoner had been convicted.)
GUILTY . Aged 16.— Confined Twelve Months.
MR. PRENDERGAST conducted the Prosecution.
JANE BRUNTON . I live in Windsor-terrace, City-road. On 24th March, I was in Chiswell-street, about half-past four o'clock in the afternoon—I was looking at a placard, and felt my dress twitch—I put my hand down, and felt the little boy (Deane's) hand coming out of my pocket—I caught him by the arm, and I saw the hand of the arm that I had hold of, go into his own pocket—he struggled to get away—I then held him by the collar of his coat—Jones came and took him by one arm, and another boy took him by the other arm, and took him forcibly away from me—they got away, and ran down Whitecross-street—I ran down after them till they came to some courts and lanes, and there they disappeared—I had had three half-crowns, two shillings, and a sixpence in my pocket—I felt my pocket the instant the hand was withdrawn, and the money was pone—I went to the station-house, and gave information as soon as I could, and I saw Jones in custody of an officer in about a quarter of an hour afterwards; and while I was in the police-office I looked out and saw Deane opposite.
Cross-examined by MR. PAYNE. Q. There was nobody in the street but you and these boys? A. Yes, there was a great crowd—nobody helped me—I did not see the money in Deane's hand; his band was closed—I think it was his right hand—I have never seen my money again
—I did not think of putting my hand in his pocket—I told him if he was not guilty he would not have straggled—I had not the presence of mind to put my hand in his pocket—I knew them again immediately.
Cross-examined by MR. CARTER. Q. What part of Chiswell-street were you in? A. About the half-way, near Milton-street—there were about fifty persons near me when I was reading the placard—I do not know where Jones came from, I did not see him till he came in front of me—I told the persons round me that Deane had picked my pocket, and I was struggling with him about a minute—I was not shaking him—Whitecross-street was the next turning—these boys were outside the crowd as well as I was—the persons in the direction that the boys ran allowed them to pass—I had never seen either of the prisoners before.
MARTHA BULL . I am fourteen years old. I was in Chiswell-street in the afternoon of 24th March—I saw Deane put his hand in the lady's pocket—she caught his arm, and he slipped his hand into hit trowsers pocket—the lady then caught hold of his collar, and two boys came and kicked the lady and got him away—they ran down Chiswell-street, and down Whitecross-street—I ran after them, and so did the lady—there was a mob.
Cross-examined by MR. PAYNE. Q. Can you write? A. No; I can read a little—my father is a boot-closer—I was coming back from Somers'-town when I saw this, I was on the opposite side of the way—I had never seen the boys before.
Cross-examined by MR. CARTER. Q. You were on the other side and taw this before the crowd collected? A. Yes; there was a great mob—I am not short-sighted, I can see at a distance—I saw the lady and the boy before I saw them struggling—the lady had hold of his arm—I saw a third boy there—I think he was a little bigger than Deane—I did not notice the colour of his hair, or his complexion—I should know him if I saw him—I was about four yards from him.
GEORGE MATTOCK (policeman, G 162). I took Jones into custody in Great Arthur-street, about twenty minutes before five o'clock, on 24th March—that is on one side of Golden-lane, leading to Glasshouse Liberty.
Cross-examined by MR. PAYNE. Q. What was Jones doing? A. He was with two other boys—I believe Deane was playing with Jones, and when Jones was taken, he followed to the station, and was taken about ten or twelve minutes afterwards—the prosecutrix said it was him amongst thirty other boys.
Cross-examined by MR. CARTER. Q. How far is Arthur-street from Goswell-street? A. About three minutes' walk.
Witnesses for the Defence.
JOHN SHELLAM . I live at 13, Arthur-street—Deane lives in that house, I rent apartments under his father—I remember the Monday on which he was taken up—I saw him about a quarter-past three o'clock that afternoon, playing with some boys at marbles—I went to Bishopsgate-treet, and saw him again at a quarter-past four in the same street, playing before his father's door—I went in to work, and in about half an hour I heard a noise, and saw the policeman taking Jones—I did not see Deane from a quarter-past four till a quarter-past five.
I saw him and Jones playing as late as half-past four o'clock—I then went out, and he was gone before I came back.
JONES— GUILTY of Harbouring. Aged 15.— Confined Three Months.
DEANE*— GUILTY of Stealing. Aged 13.— Confined Twelve Months.
THIRD COURT.—Monday, April 14th, 1851.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. CARTER; and RUSSELL
Before Mr. Russell Gurney, Esq., and the Second Jury.
958. WILLIAM PEARSON , stealing 2 counterpanes, 1 bedtick, and other articles, value 30s.; the goods of William Mailer; and 1 shirt, value 1s.; the goods of William Atkinson: having been before convicted.
MR. CARTER conducted the Prosecution.
RICHARD MARTIN (policeman, S 404.) On 13th March, early in the morning, as I was going my rounds in Lower College-grove, I pushed against a wash-house door, it opened, and I saw the prisoner there kneeling down with a bundle and a basket—his hand was on the basket—I put my hand on his hat, he rose up and said, "I am done now; but I did it from want"—I took him into custody, and took the bundle and basket to the station—the bundle contained these two counterpanes and two shirts (produced) tied up in two handkerchiefs—they were wet—the basket contained a wet bed tick—the prisoner said the handkerchiefs were his own, and I gave them to him—there was a padlock on the door, which appeared to have been opened with some instrument, the hasp was banging loose.
Prisoner. I met him on the night of the robbery, and had a pint of beer with him. Witness. I did not meet you; I never saw you before.
MARY MALLER . I am the wife of William Mailer, of 3, Lower College-grove, Camden-town. This wash-house is mine, and I left it safe locked with a padlock and staple at six in the evening, and I left two counterpanes and two sheets there in a tub of water—these are them—they were in my possession to wash.
Prisoner. Q. Were there not some sheets with these articles? A. No; there was another tub with sheets, that was not touched.
Prisoner's Defence. I met the policeman, and had a pint of beer with him, and went and did this job for him; I carried the things till we got to the station; I did not know I was going to be taken.
WILLIAM COOPER (policeman, 112 G.) I produce a certificate of the prisoner's conviction in the name of Carpenter—(read—Convicted at Clerkenwell, May, 1850, confined Six Months)—I was present—he is the person.
GUILTY . Aged 43.— Transported for Seven Years.
JOHN PIKE . I am the son of Joseph Pike, who keeps the Fox and Goose, Shakspere's-walk, Shad well. The prisoner has been in our service six months—on 3rd April I was in the parlour—I heard some one at the
till, went into the bar, and saw the prisoner in the act of shutting the till, and putting something into her bosom—I took her into the long room, where there was an officer, and gave her into custody—I found she had a quarter of an ounce of tobacco, which we keep in the till, fourpence, a half-penny, and a farthing, and while I was holding her I heard something drop from her, which I picked up, and it was this counterfeit shilling (produced).
Prisoner. Q. Were you not at work in the back-parlour? A. Yes; I did not go into the room and come back again, and then lay hold of your hand.
JOSEPH PIKE . I know this counterfeit shilling—I was going to give it in change to a woman about a quarter of an hour before the prisoner took it—the woman would not have it—I marked it, and put it into the till again—the prisoner had no business at the till—she was never allowed in the bar—I had left the till locked, and the key in it.
Prisoner. I once found 16s. and gave it up to the housekeeper. Witness. I know nothing of it.
Prisoner's Defence. I picked up the tobacco.
GUILTY . Aged 34.—Recommended to mercy by Jury and Prosecutor.— Confined One Month.
ROBERT GOODERHAM . I am coachman at 8, Finsbury-circus. On 10th March, at a quarter-past ten, I met the prisoner in Castle-street, and told him I would give him a job to come and pump some water for me, as I was in a hurry; and he came and pumped some—the carriage was in the yard where the pump was, and inside the carriage there was a coat of my master's and one of mine—he may have been there half an hour—I went into the stable to attend to my horse, and when I came back he was gone, and my coat also—I found out where he lodged, went to him in the evening, and charged him with stealing the coat—he said he was sorry for it, necessity compelled him to do it, that he pledged it for 6s., and he had lost the money and ticket out of his waistcoat-pocket, and he had got an affidavit of it, which he showed me—he sent me the new ticket the next day, by a little boy—I have known him some years, and he knew where my yard was.
Prisoner. Q. Did not you ask me to pawn the coat for you? A. No.
(The prisoner, in a written defence, stated that the prosecutor requested him to pawn the coat for him, as he was short of money, and was afraid some one who knew his master might see him; that he went with him to several pawnbrokers, and when he came out of the one where he obtained 6s. on it, he could not see the prosecutor; that he went to a public-house, and missed the ticket and money; he went to the pawnbroker's and stopped the coat, and then got an affidavit, but it was too late for the Magistrate to sign it that day; he saw the prosecutor the same evening, who said it was a bad job, and he
must pay him as he could; that the next day he got the affidavit signed, and the prosecutor gave him 2d. to get the new ticket, which he got and sent to the prosecutor; that he met the prosecutor several times in the week, and on the Friday, when he asked him if he had not more money for him; he (the prisoner) said he had not, as he had done no work that week, but he would give him some on Saturday night; that the prosecutor left him; a man came and told him he had two or three days work for him in Houndsditch, and when he got there the policeman took him.)
ROBERT GOODERHAM re-examined. I did not go with him to any pawnbrokers' shops—I directed him to be taken, in consequence of what passed between me and my employer—I did not advance him 2d. for the interest.
GUILTY . ** Aged 36.— Confined Twelve Months.
CHARLES PRESCOTT . I am a cabinetmaker, and live at Bethnalgreen—on 3rd March the prisoner came to me and hired a barrow and show-board, for five hours, for which he paid me 4d.—he never returned them—they were worth 1l. 12s.—I did not see him again till he was in custody—he then denied having had it—he had hired them of me before and returned them—I keep books, but have not got them here—I cannot be mistaken about him.
Prisoner. I did not hire it, he is mistaken.
JURY. Q. How many barrows have you? A. Twenty; I might have let out five or six others the same day—I put down all the names—he has had it before, but not for the last two years.
CHARLES MILES (policeman K 306). I took the prisoner, and told him it was for stealing a barrow from Mr. Prescott in Digby-street, and said, "your name is Butler"—he said, "it is not"—I had known him several years—I told him there was another charge against him—that he had been routed out from the "H" division for stealing a barrow—he said be did not do it.
Prisoner's Defence. I was not in town the day he lent the barrow.
NOT GUILTY .
Before a Jury half Englishmen and half Foreigners.
The evidence was interpreted to the Prisoner.
FERDINAND PUTZER . I am a furrier, at 4, Upper Fountain-place, City-road—the prisoner worked for me a week—on 21st March, about eight o'clock in the evening, just before he left, I left him in my room about ten minutes, and my watch was on the shelf—I heard him go away—I went back in about five minutes, and my watch was gone—the prisoner ought to have come back next day to do work which he bad not finished, but did not—I did not see him till he was in custody a week afterwards—this watch (produced) is mine.
WILLIAM DENNIS TOWNSEND . I am assistant to a pawnbroker in Mount-street, Lambeth—I had the watch and chain pledged with me by the prisoner, in his own name, on Saturday 22nd March, for 4l.—he spoke English, and I asked him if they were his own—he said, "Yes;" gave me his name and address, Turnmill-street, Clerkenwell.
Defence. I intended to go to America, and was obliged to steal for the means.
GUILTY . Aged 23.— Confined Three Months.
MR. ARNEY conducted the Prosecution.
HENRY MANNER . On 8th April, a little after ten o'clock, I went to see Mr. Longworthy, the butler at Mr. Hoare's—I was about to leave the house—the prisoner said he was going my way, and we left together—he bad a bundle with him, done up in a blue handkerchief, which I thought was dirty linen—I went with him to the corner of Bury-street, St. James's, where he said he was going to make a call, and would be back directly—I waited for him about a quarter of an hour—he came back with a policeman—we went back to Mr. Hoare's, and on the way he said he had got into a bit of a scrape through his ends—we went back to the servants' hall, and he went up-stairs.
Cross-examined by MR. RIBTON. Q. Did he ask you to accompany him? A. No; I said I was going across the Park, and he said he was going in the same direction—I was footman to Mr. Hoare, fifteen years ago—it was then the custom to allow the servants the candle ends that were not conturned, sometimes longer and sometimes shorter—I know that was the custom when the prisoner was there—it is usual when servants are leaving to clean out the drawers and leave them clean for the new-coming servant—I know the prisoner—he had been about twelve months in Mr. Hoare's service, and I always considered him to bear an honest character.
MR. ARNEY. Q. You do not mean it is the custom to take away whole candles, or large ends? A. No.
MR. RIBTON. Q. Would you consider he was violating the general custom, if there happened to be one or two candles there and he took them away too? A. I should not—I do not know that there was any rule as to the length—three or four inches, or perhaps six inches—I have known six inches taken away—the master was not cognizant of anything of the kind—we considered Mr. Longworthy master.
WILLIAM CLAYTON . I am shopman to Mr. Greenhill, of Bury-street, St. James's. On 8th April the prisoner came to the shop with two bundles, one containing scrapings and the other, as he said, pieces—he said he was going out of town and had brought some ends to sell—I weighed the scrapings, they were 7lbs.—I was weighing the other bundle, when the policeman came in and asked him what he had, he said, "Pieces, perquisites I am allowed at Mr. Hoare's"—the policeman pulled over the bundle and found some whole candles—I called my employer, and he told the policeman to take him to Mr. Hoare, as he was sure he would not allow it—we are in the habit of buying wax ends, we weigh, them and
shoot them into a box—we do not examine them—I have bought pieces of the prisoner before—he did not bring whole candles or large pieces then.
Cross-examined. Q. How long ago is it? A. Some long time back, if there had been any long pieces I should have objected to take them—sometimes the candle ends are taken off the account, and sometimes allowed to the under butler.
JOHN GRANT (policeman, C 155.) I was on duty in Waterloo-place, and followed the prisoner and another person to Mr. Greenhill's, waxchandlers, in Bury-street—I waited a minute, then went into the shop, and saw a bundle on the counter and another blue one in the scales, I asked the prisoner to let me see what the bundles contained; he said they were his perquisites—I requested to see them, and he said, "It is no matter they are my perquisites"—I told him I must see them, and took the bundle out of the scales, opened it and found it contained a quantity of scrapings, some long pieces, and several whole candles (produced)—I found in the other bundle several whole candles—Mr. Greenhill was called to the shop, and I told the prisoner he must tie them up and come with me to his master's, he did so and we went—when we got to Mr. Hoare's, the prisoner went up-stairs, and I waited in the servants' hall with the candles—in three or four minutes I was called up; Mr. Longworthy examined the bundle with the long pieces, and said to the prisoner, "Oh, Thomas, these are not your property, they belong to Mr. Hoare—I have had my suspicion a long time"—the prisoner said, "I am sorry for it"—the butler gave him into my custody—I weighed the bundles at the station, and found them to be 131bs.
EDWARD LONGWORTHY . I am butler to Mr. Hoare, of Spring-gardens, and have been in the service of the family forty years—the prisoner was under-butler thirteen months—on 8th April, about half-past ten, he asked me to allow him to go out; I told him it was very inconvenient as the family were just leaving town, and he was to be back in ten minutes—he went out, returned shortly afterwards and said to me, "I have been out for the purpose of selling my wax pieces and ends, and a policeman has stopped me, if you will say they are my perquisites the policeman will let me go"—I said I should do no such thing; "If you have taken anything improper you must stand the consequences"—I called up the policeman, he brought the things, and I took up a large piece (I think this is it), and said, "Thomas this can't be right;" and he said, "I took that out of the dining-room"—all pieces above an inch long I should consider to be Mr. Hoare's property, and I never sanctioned the prisoner taking any away above that—I picked out what I considered to be Mr. Hoare's, and there were about 13lbs. there were 31bs. of whole candles worth 2s. 6d. a pound—I gave the candles out to the prisoner; and I have asked him if the candles were burnt, and he has told me they were; I suspected they were not and told him to be careful, and that they were to be burned within an inch, as my bill for wax was greater than it had been for years—I keep the candles in the wine-cellar; on 24th March, I left the cellar door open; when I returned I found my drawer open and missed some candles.
Cross-examined. Q. Used not the prisoner to keep the half-burnt pieces? A. It was his duty to bring them to me—he kept the ends in a
drawer in the pantry, where the other servants had no business—there has been very little accumulation of ends of late, as we have not had much company—the prisoner came with a good character—on 25th March, Mr. Hoare had told me to discharge him on 25th April—the short candle-ends would be put up again in the tutor's, and night candlesticks.
GUILTY . Aged 26.—Strongly recommended to mercy by the Jury.— Confined Six Months,
MR. BRIARLY conducted the Prosecution,
The Prosecutor, a Greek, having been requested through an interpreter to write his name, wrote it, "Michele Antagonistic Raftopulo" and the prisoner was therefore ACQUITTED .
CHARLOTTE HORTON . I am the wife of William Horton, of 44, Bell-yard, Temple-bar. The prisoner has been in my husband's service six months—on 14th March, about twenty minutes to five o'clock, my husband gave him the money to fetch some bay, and he never returned—on the day before, Thursday, I had put my husband's watch in a drawer in the bedroom, and shortly after I went out for a ride—on the Sunday after I discovered the drawer had been broken open.
Prisoner. Q. Did any one see you put the watch there? A. Yes; the servant.
MARY MOGINHAN . I am Mrs. Horton's servant. On Thursday, 13th March, I saw her put the watch in the drawer—she went out for a ride; and after that the prisoner asked me for the loan of a pair of scissors—I lent him a pair—next morning I found them on the couch in the drawing-room—these are them (produced)—there was a boy cleaning the windows.
Prisoner. Q. Where did you get them from? A. From my bedroom.
WILLIAM WEST (policeman F 7). I went to the prosecutor's on 18th March, and examined the scissors and the drawer—I have not the least doubt the drawer had been opened with the scissors—I locked it myself, and opened it with them.
Prisoner's Defence. The girl lent me the scissors, and went out at half-past seven o'clock; I went out at eight; a boy was left cleaning the windows; I never went up-stairs; I brought the scissors back, and left them in the shop; I returned at nine.
NOT GUILTY .
GUILTY . Aged 22.— Confined Twelve Months.
EDWARD BRYAN . I am a bricklayer's labourer. On 21st March I was working at an unfinished house in Ball's Pond—my jacket was hanging over a fence near—I missed it—I had seen it not five minutes before—I heard something in four or five minutes, went into a brickfield, and saw the prisoner at a distance wearing my jacket—I went up to him, took him, and asked him what he took it for—he said he bought it—he wore his own coat over it—this is it—it cost 8s.
Prisoner. Q. Did not another man stop me? A. Yes, and handed yon over to me—you had not time to buy it—there was not ten minutes between my missing it and finding it on you, and I had a very sharp run after you.
Prisoner's Defence. I bought it; they did not see me near the house; I have been a bad character, but that is no reason why I should be so now.
GUILTY . **†Aged 20.— Transported for Ten Years.
(The prisoner was stated to have been eleven times in prison, and nine of his companions had been transported.)
EDWIN FERRIS . I am a light porter. On the Monday before 24th March I went to a lodging-house in Golden-lane to sleep—I put my trowsers on the bed—there was 10 1/4 d. in them and my handkerchief—my brother slept with me—two men slept at the foot of the bed, and a butcher slept in another bed—when I awoke in the morning I found the prisoner there in bed—I dressed and went out—I felt in my pocket to pay for some coffee, and missed my money—I went back and got a policeman, who searched the prisoner, and found the money on him—he said he had not got 8d. in his pocket, but 10 1/2 d. was found, among which was this farthing of mine (produced)—I know it by its being burnt—he said he changed 1s. at a pie-shop, on 17th March, and bought 1d. pie—my money was sixpence, two pence, four halfpence, and this farthing.
HENRY DELL (policeman, G 249.) Ferris described a farthing to me—I went to the lodging-house, and asked which of the men had got money, the prisoner said "I have"—I asked him for his clothes, searched them, and found this farthing, which Ferris identified—the prisoner said he received it in change at a pie-shop in Goswell-street, but he took me to Old-street—he did not mention the name—there are two pie-shops there next to each other—he pointed out the shop and the man who gave him the farthing—he said he never gave it to him, or served him with a pie—I found on him a 6d., 3 1/2 d., and four farthings.
BENJAMIN GODFRET . I keep a pie-shop at 145, Old-street. I never gave the prisoner change for a shilling—he has not been into my shop, to my knowledge—I should remember if I had given a farthing in change.
Prisoner. I have a witness to prove I did bay a pie at that shop.
The Prisoner called
JOHN HOBBS . I am a gutta-percha whip-maker. I was standing opposite the pie-shop, and saw the prisoner come up—I knew him by sight, and asked him to lend me a halfpenny—he said he had no money—he passed over to the pie-shop, and I saw him buy a pie—I said, "Yes, you have got some money," and he lent me a halfpenny—I knew him by being a waiter at the coffee-shop in Old-street, opposite the pie-shop—I am not a waiter there now, and have not been for two months—I work for myself—I am eighteen years old—I have made gutta percha whips for five years.
MARY ANN OSBORNE . I am the prisoner's aunt; be lives with me; he works with me occasionally. On 17th March I gave him 2s.—he said he was going to the theatre—I said, "Don't you stop, I will sit up for you," but when he came the door was shut, and he could not get in, and went to the lodging-house—next morning I was uneasy, and I went to inquire for him—I found him in charge—I saw another person brought up first before the Magistrate for stealing this 10 1/4 d.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
WILLIAM WHEELER . On 15th March, after nine o'clock at night I was in Turnmill-street, Clerkenwell, and saw Mr. Williams walking along, and the prisoners about a foot behind him—Dim mock was behind Warren, Warren put his hand in Mr. Williams' pocket, took out a handkerchief, and gave it to Dimmock, who ran away with it—the gentleman seized Warren, but he got away.
Cross-examined by MR. PAYNE. Q. How old are you? A. Fifteen; I work for Mr. Casey, of Clerkenwell-green—I told a policeman directly this was done—I knew Warren before, I have seen him in the street, I am sure of him—I am sure it was not my brother; he is not in trouble—I was on the opposite side of the street—I have not told anybody that if they would give me 10s. I would not appear.
HUGH WILLIAMS . On Saturday evening, 15th March, I was in Turnmill-street, and observed that I was followed by Warren—I went on about 100 yards moving my arm like a pendulum, which touched my pocket every two seconds—with one motion I missed my handkerchief, turned round and saw Warren—I said, "You have picked my pocket"—he said he had not, I did not hold him—he went to a doorway, and asked me to search him—I said I would not till a policeman came up—he sidled off to a court, I held him three or four minutes—he struggled very much—he was quiet for a time, and then gave a sudden jerk, which put me off my guard, and he got away.
Cross-examined. Q. Are you sure the handkerchief was there? A. Yes.
Cross-examined. Q. Did you go into Warren's house? A. Yes; into his bedroom, at half-past three o'clock in the morning—his mother and father-in-law were in another bed, and his younger brother in bed with him—I asked him where Dimmock was, and he said he would show me—I saw his clothes, they were not wet to my knowledge.
Dimmock's Defence. I was in bed at nine o'clock that night.
THOMAS WARREN (policeman, G 225). I produce a certificate—(read—William Clarkson, convicted at Clerkenwell, Aug. 1850, of stealing a handkerchief confined three months)—I was present—Warren is the man.
WARREN GUILTY . Aged 18.— Confined Twelve Months.
DIMMOCK GUILTY .
MR. RYLAND conducted the Prosecution.
WILLIAM TAYLOR . I live at Kennington. On 13th March, about twelve o'clock, I was in Turnmill-street, Clerkenwell, felt a touch at my pocket, and missed my handkerchief—I turned and saw the prisoner running ten or twelve yards off, attempting to conceal something—he ran down a court, and I lost sight of him—I saw him in custody on the 17th, and knew him again, my handkerchief was dark green.
GEORGE STOCKER . I live in Turnmill-street. On 12th March, I saw the prisoner opposite my window—I knew him by passing to and fro with other boys—he put his right-hand into Mr. Taylor's right-hand pocket, took out a dark green handkerchief, ran a little way, and stuck it up his jacket—Mr. Taylor ran after him, but could not catch him.
GUILTY . Aged 17.— Confined Four Months.
JOHN KING . I am an accountant, of 3, Dunster-court, I have the care of two houses. On 1st April, in the evening, I heard a noise in the first floor of No. 3, where I live—I tried the counting-house door, and found it locked—I went out, and saw the prisoner at the first-floor window attempting to escape—I said if be did, I would shoot him—he went back, and I sent for the police—he came to the window again, and jumped out into the court with a piece of iron in his hand—I tried to secure him, but he beat at my head with the iron with great violence, and ran down the court—I pursued and threw a glass bottle at him, which struck him in the back—I pursued him into Mincing-lane, and with the assistance of the police secured him without losing sight of him—he threw down a bunch of picklock keys which the policeman took, and this piece of iron, which I picked up—this key unlocks the door, we found marks of the inner door being tried to be forced—the drawers and cupboards were in a state of confusion, but nothing had been taken.
Cross-examined by MR. LAWRENCE. Q. What time was it? A. About half-past eight o'clock—it was not a dark night when I opened the street-door—there were two persons on the watch, about thirty yards off—
they must have seen me; they ran away—I kept the prisoner eight minutes at the window—I had nothing to shoot him with.
Cross-examined. Q. Are you able to say that man was the prisoner? A. No; I did not see his face.
WILLIAM SHEPHERD (City-policeman, 544). I heard a cry of stop thief in Mincing-lane—I heard a crash of glass, and saw the prisoner rush out of a court—I pursued and caught him—he made violent resistance—I found on him a box of matches, and some tallow, apparently broken off a candle.
Cross-examined. Q. Did yon see any one else running? A. No; there was no other person in the lane at the time—when he got to the station he feigned drunkenness.
GUILTY . ** Aged 23.— Confined Two Years.
MR. WOOLLETT conducted the Prosecution.
WILLIAM FISHER (policeman). On 25th March, between seven and eight o'clock, I was in Chadwell-street, and saw the prisoners in company on the opposite side—I watched them about a quarter of an hour, and saw Bryant go up to several doors and try to open them—he did not succeed—he then went up to 121, St. John-street-road, and opened the street-door—Montague was a few yards away on the same side—Bryant then joined Montague, and they conversed together about a minute—Montague then walked up the steps into the house—he closed the door after him, and afterwards came out with a coat on his arm—we stopped him with this coat on his arm—Bryant had crossed to the other side—I took him—he threw something away which sounded like keys—they were picked up and taken to the station—they are all latch keys; one of them opens Mr. Jones' door.
Bryant's Defence. I never had the keys.
Montague's Defence. I don't know this man—I saw the door open, and went into the passage.
ALFRED SPICE (policeman, V 77). I produce certificates of the conviction of both prisoners—(read—Central Criminal Court, James Bryant, Convicted March, 1850, having been before Convicted, confined six months)—I was present—Bryant is the person—(Central Criminal Court, John Henderson, Convicted March, 1850, having been before convicted, confined one year)—I was present—Montague is the person.
BRYANT.— GUILTY . * Aged 26.
MONTAGUE.— GUILTY . * Aged 23.
Transported for Fourteen Years
FREDERICK CHESTERMAN . I am in partnership with my brother Benjamin. I was erecting some houses in Bath-court, Great Warner-street last month—the water is supplied by a leaden-pipe from the main, through my property—there was about fourteen feet under ground, and then it came into a water butt—it was soldered to the main—on 1st April I missed about fourteen feet of it—I saw my foreman compare some pipe with what was left, and it corresponded; it is worth about 10s.
HENRY LOXLEY . I am foreman to Messrs. Chesterman. On 31st March, I was at work at the new house, and saw the pipe safe at half-past six o'clock—I missed it at six next morning—I have compared some pipe found at the police-station with the piece left, and they correspond—I have cut off the part which was left to compare it with.
WILLIAM LANNING . I live at 17, Great Warner-street. On 31st March, about half-past nine o'clock, I was in Bath-court, calling for my mate, who lives there—I saw the prisoners and another boy there—Berry said to me, "Go on, there is something the matter round the corner"—I went round the corner, and there was nothing the matter—in a quarter of an hour I came back, and saw the prisoners, one on the wall, and one on the leads—Vose afterwards came into Bath-court again—I came back in about five minutes, and found Berry in custody.
JAMES GEORGE (policeman, G 59). I was on duty near Bath-court, about half-past nine o'clock, and saw the prisoner—Lanning told me something, and I went and saw the prisoners standing in the court, on a ladder—Berry had some lead pipe in his hand—he ran round the corner into a dark doorway, and laid the pipe down—I picked it up, and took him—he said he had nothing to do with the lead—Vose escaped—I compared the lead with the other piece, and it corresponded.
WILLIAM HENRY MARTIN (policeman, G 18). On 1st March I was on duty in Arlington-street, Clerkenwell—Vose came up to me and asked me if I had seen Fisher or Archer?—I said, "No; what is the matter?"—he said two chaps had brought some lead into Bath-court, near Cold-bath-square—I said I would go with him—I asked him if they were there now?—he said, "Yes;" I said, "Is the lead there?" he said, "Yes; they could not get it away; there are so many bobbies there"—a man told me something, and I said to Vose, "You seem to know something about it; you had better go down with me"—he said he knew the robbery was to be committed, and was looking after Fisher and Archer since six o'clock; they are two constables.
Vose. Mr. Archer told me to look out and see if I knew any thieves, and I was to go into his house, and he would pay me for it—I went to his house—he was not at home, and I told Martin.
JOHN ARCHER (policeman, G 217). I produce a certificate—(read—Thos. Vose, Convicted here Feb., 1851, confined one month, and whipped)—I was present—he is the person—he had only been out of prison a fortnight or three weeks.
BERRY.— GUILTY . Aged 14.— Confined One Month, and Whipped.
VOSE.— GUILTY . Aged 16.— Confined Three Months, and twice Whipped.
OLD COURT.—Tuesday, April 15th, 1851.
PRESENT—Mr. RECORDER and Mr. Ald. CARTER.
Before Mr. Recorder and the Second Jury.
974. RICHARD WILLIAM GLODE DOUGLAS, CHARLES LIONEL DOUGLAS , and ARTHUR DOUGLAS , unlawfully conspiring to obtain brushes and other goods of Matthew Gooch, with intent to defraud him of the same. MR. BALLANTINE conducted the Proscution.
JONATHAN MILLARD . I am shopman to Matthew Gooch, a brush-maker, of Curzon-street, May-fair. On 5th or 6th Jan. the prisoner Richard came to the shop, and gave his address as William Douglas, Esq., of Ascot-heath—he selected two wash-leathers, several brushes, a currycomb, a compo-brush and box of compo, and some sponge, and ordered them to be put on one side, and he would send for them—on 9th Jan. the prisoner Charles came in a dog-cart; Arthur was with him; Charles got out, and said he called for some brushes Mr. Douglas had looked at, and said he was his son—I packed them up, and asked his address; he said, "Mr. Douglas, Ascot-villa, Ascot-heath, Sonning-hill"—he took the parcel, put it into the dog-cart, and drove away—on 11th Jan. they came again, and Charles selected a leather-case, value 10s., three shoe-brushes, four hair-brushes, a clothes-brush, boot-jack, plate-basket, a bottle of blacking, 31bs. of carriage-candles, a knife-board, and a pewter bottle, amounting, with the first order, to just upon 82.—I made up the parcel, and he took them away, saying he should want some more good stable-pails, &c.—in a day or two they came again for two stable-pails and another large brush-case; but I said before I could do more business, I should thank him to give me a reference, which he did, to Mr. Braham, 4, Hill-street, Brompton—I saw a female there, found the house was to let, and did not let them have any more articles—they paid me several visits after that, but did not pay me any money—Charles always came into the shop, and Arthur stood by the dog-cart—he did not do anything with the goods—these brushes, boot-jack, and leather-case, are some of the goods—they have not been used.
Cross-examined by MR. PAYNE. Q. You saw the dog-cart and the appearance of the young men? A. Yes; they appeared to be gentlemen.
Cross-examined. Q. Are you certain of him? A. Yes, I knew him by sight.
JOHN GILBERT . I am foreman to Messrs. Liley and Gower, job-masters, of Knightsbridge. On 4th Jan. the prisoner Charles hired a dog-cart of me for a month, at three guineas a week—he gave his name Charles Lionel Douglas, and referred me to his uncle, 6, Belgrave-terrace, Pimlico, and 23, Essex-street, Strand—some time afterwards I went to see the uncle, at Belgrave-terrace, and it turned out to be bit father, the eldest
prisoner—I found the dog-cart at the New Inn, Gravesend—I have not been paid 1s. for it.
Cross-examined. Q. Did he not refer you to a Mr. Adcock as well? A. Yes; the horse and dog-cart were brought to my place several times in the course of the following week—I have not received the horse-cloth and roller; they are at the Bell and Horn, Brompton, detained for some demand—I had to pay 14s. at Gravesend for the dog-cart—I went to 23, Essex-street, and heard that a person named Adcock lived there, but I could not see him—it is a private house—it was some time after I got the cart back that I went to 6, Belgrave-terrace.
CHARLES FREDERICK BASTIN . I live at Ascot-lodge, Berks, and am the householder of Ascot-villa, Ascot-heath. In Jan. last the eldest prisoner took Ascot-villa of me, furnished for two months—I agreed to let it to him and a friend of his, Mr. Braham, who was with him—they came together on the Monday following, and took possession—the two young ones came some few days after—the rent was to be paid in advance—I did not get a farthing from them by way of rent—the eldest one left a sovereign for oats, in consequence of a message I left—I had furnished their horse with corn—the house was searched by the officers, and the prisoners were taken.
Cross-examined. Q. Do you mean to say the house was searched by any officer? A. Mr. Williams came with a person who he represented as an officer, and the house was searched.
JOHN BENNETT . I am the owner of 6, Belgrave-terrace. I let it to the eldest prisoner on 7th Dec.—his family remained in it till 24th March, on which day I saw them moving the things out, and went in and asked to have possession of it—I was introduced to Mrs. Douglas—I did not see either of the prisoners, and have received no money for it.
JOHN SETH ALLEN (policeman, B 3). I went to 6, Belgrave-terrace, Pimlico—I had a note which I received from Downing—in consequence of what was contained in it, I dressed myself in the garb of a clergyman—I produced the note to the woman-servant, and was shown into the parlour—there was very little furniture—the elder prisoner was there, in the act of rising from a chair—there was an appearance of poverty in the room—I asked if I was addressing Mr. Douglas—he said, "Yes; you are the Rev. Mr. Hamilton, I presume?"—I said, unfortunately for him, I was not, but was a police-sergeant—he said, "Oh, my God, I am betrayed! who has betrayed me?"—that was not said in the same tone of voice—he appeared to get better—I found this diary on the table—I told him I should take possession of it—he said, "Oh, no, don't take that," and took it up and clasped it to his bosom, saying, "Don't take that on any account; let me have it."
Cross-examined. Q. Was not he lame? A. Yes, and has been ever since—there was no furniture on the first-floor, I did not go further—there was only a table and a straw bed in the back-parlour adjoining the room where he was sitting—I saw no well-furnished room in the house.
EDWARD DOWNING (policeman, B 46). I took the two younger prisoners on another charge, leaving the Westminster police-court with their father, on 22nd Feb.—they had made an application for a warrant—Arthur said I could make nothing but a debt of it, and he was expecting some property, which would release him from it.
Cross-examined. Q. Did not he say he was most respectably connected? A. Yes; his grandfather was Sir Richard Doyle, and his mother's uncle Sir Martin Staple ton.
(The diary contained amongst others the following entries: "Nothing coming in; Charles hired dog-cart and harness from Liley." "All day ill; row all day; fearful how things will end; three boys at home idle, all ordering things; oh, that I had some employment! what will be our fate; fearful!" "What is to be done? I am ready to work; I should not order these things, were it not to support my children; they must work." "Out of sorts; boys worry me very much; not 1s., and eleven mouths to feed.")
RICHARD DOUGLAS— GUILTY .—
CHARLES LIONEL DOUGLAS— GUILTY .
Confined Twelve Months.
ARTHUR DOUGLAS— NOT GUILTY .
(The COURT considered that the facts, as opened by Mr. Cooper, did not amount to a felony.) NOT GUILTY .
JOSHUA HARTLEY . I am a bootmaker, of King-street, St. James's-square. On 21st Jan., near dusk, the prisoner Charles came and asked permission to leave an umbrella, which he did—in the course of an hour the two prisoners came, with another person, who I cannot swear to—it was not the father—Arthur said he wanted a pair of dress boots, to go to a ball in Kent—I showed him a pair—he tried them on, and asked the price—I told him 2l.—he ordered them to be packed up—I packed them up, and laid them on the cutting-board—they all three left—the prisoners came back—Charles asked me if there was anybody to mind the horse—my son went out to do so, and then Arthur came in and asked if I had another pair of boots to fit him—he tried on another pair—they did not fit him, but he said he would have them, which made me suspicious—then I measured him for another pair—Charles then took his boots off, and asked me to measure him; to do which I had to turn my back upon Arthur, and when I turned round again I missed him and the pair of boots—Charles said nothing, but we both went to the door, and Arthur and the dog-cart were both gone—Charles said, "Why, he is gone"—I said, "Yes"—I asked him the name of the young man who had gone—he said, "Lionel Douglas"—he called himself Arthur, and said they were brothers—he said he would have a bottle of polish and a brush—I said, "Being brothers, you must give me the address"—he gave it, "No. 6, Belgrave-place"—I took the boots, but could only find a Douglas at Belgrave-terrace—I did not leave the boots—I have never seen the other boots since—they have not been paid for.
Cross-examined by MR. PAYNE. Q. Was there anything said about credit, or not paying for them? A. They asked me if I gave credit; said, yes, I might give a year's credit to those I knew—I am quite sure he told me Belgrave-place—I took it down.
JAMES HARTLEY . I recollect the prisoners coming to my father's shop the second time—Charles asked me to pack up the boots—I did so, and placed them on the cutting-board—they came a third time, and asked if there was any one to hold the horse—I said I would—when I had held it three or four minutes, Arthur came out, and brought a paper parcel, threw it under the seat, and drove away.
CHARLES LIONEL DOUGLAS— GUILTY . Aged 18.
ARTHUR DOUGLAS— GUILTY . Aged 19.
Confined Three Months.
NEW COURT.—Tuesday, April 15th, 1851.
Before Mr. Common Serjeant and the Sixth Jury.
977. CHARLES SHARP and GEORGE GREEN , feloniously breaking and entering the warehouse of Charles Thompson and another, and stealing 12 yards of merino, and other goods, value 2l. 4s.; their property: to which SHARP pleaded
GUILTY . Aged 16.— Confined Twelve Month.
MR. ROBINSON conducted the Prosecution.
FREDERICK MATTHEWS . I am warehouse-boy to Charles Thompson, a pawnbroker, of Bath-street, Clerkenwell; he has one partner; he has a warehouse in Eyre-court; that is not a thoroughfare, but there are some houses in it—I know Green; he lives with his father, next door to the warehouse. On Sunday night, 2nd March, I was going to the warehouse about five minutes past ten o'clock—at the end of the court I saw Green's little brother; he called out—the prisoner could hear him—he said, "Halloo, Fred!" and then whistled—when I got up the court I saw Sharp getting out of the ware-house window; Green was helping him out—Sharp jumped over the wall leading to the next court—Green went behind a door—I took hold of him, he said, "Don't, Torn, it is not me"—his father came out, took him from me, and said, "It was not him; it was another boy, who has just run away"—the policeman came up, and he looked all over Green's father's house, but could not find anything—we then went into the warehouse, and found the iron bar had been moved, which was against the window—I had seen it safe on Saturday night—no one could have got in while the bar was there without forcing it—it was necessary to open the window to move the bar—no one goes there on Sunday—some merinos, some Orleans cloth, a pair of boots, and a piece of cotton, of my master's, had been removed—they were found in a water-butt in the court—they were safe in the warehouse on Saturday night—these are them—some images on a shelf just before the window had been turned on one side, and knocked down.
WILLIAM WARDS (policeman, G 141). I took Green on the 4th, two days after this—he said, "What do you take me for? I don't know anything about it; it was Sharp that done it"—the warehouse is in the parish of St. Andrew, Holborn.
GUILTY . Aged 15.— Confined Twelve Months.
978. WILLIAM PRYOR, RICHARD WELLER , and WILLIAM SHAWCROSS , breaking and entering the dwelling-house of Thomas Clarke, and stealing 1 pair of shoes, a waistcoat, and coat, value 1l. 9s.; his property. MR. RIBTON conducted the Prosecution.
THOMAS CLARKE . I am a labourer, and live at Sand'-send, Fulham. On the morning of 21st March I left my house safely locked up a little before seven o'clock—I returned about nine at night—I found my house all in confusion, and missed a coat, a waistcoat, and a pair, of shoes—the iron-work was knocked away, and the window was open wide enough for a small body to get through.
Cross-examined by MR. HORRY Q. Do you know Baker? A. Yes; he it called Cockey—I have had him in custody before, he was summarily convicted—he has been before the Magistrate more than once; I am rather cautious of him—I have been robbed five or six times—I had a broken window pointed out to me, and Baker had been near it with a knife in his hand the same day—I was not robbed then.
GEORGE BAKER . I am going on for twelve years old; I live at Sand's-end, Fulham. On 21st March I saw the prisoners, about nine or half-past nine o'clock in the morning, and saw Shawcross put Pryor into the prosecutor's window—Weller was against the gates, about thirteen yards off, watching—I remained there about a quarter of an hour—I saw Pryor come out again—he chucked a bundle out before he came out—Shawcross took it up, and they hid it in the yard—they all three went away together—Weller came across the street, and joined them—when they went away they had the bundle with them—I thought it was wrong—I made no alarm because they would have hit me—there were no persons passing—I did not call out.
Q. Had not you that bundle yourself? A. Yes, close by the house—they promised me a penny to carry it—they told me to go into a field, and I did, and they never gave me the penny—I did not know that they were going into this house till I saw them—I was not with them before that—I stood and saw all this—I have been convicted of stealing, getting into Clarke's house; I went to get some victuals—I did not get in through the window; I got through the cellar—I took something else besides victuals, a penny letter-stamp, and a leaden pencil; nothing else—I have been three times in custody, once for thieving apples, and once for stealing a handful of rice—I was never here; the Magistrate convicted me—I did not sell some of these things—I did not sell a knife and a button—I did not sell them to William Parish; I gave them to him for a pipe and a farthing—this is the knife (looking at it)—I know George Ward; I did not change some buttons with him, or with Parish—this is one of the buttons I gave to Parish.
MR. RIBTON. Q. They offered you a penny to carry the bundle? A. Yes; they did not see me when they were putting Pryor into the window—they saw me after these things had been thrown out—Shawcross saw me, and said, "Come and carry this bundle"—they told me to go and walk inside the ground by myself—I carried it about thirty yards; I then chucked it over into the field and came home again—the prisoners went across the field in the direction that I had carried the bundle—I threw it to them—Shawcross picked it up and put it into Pryor's bag—Pryor carried it.
afternoon—I was in Hammersmith Broadway, standing at the workhouse gate—the prisoners walked by with a bundle; I cannot say which carried it, but they were together—they came back in about a quarter of an hour; they had no bundle then—I know Sand's End; it is about a mile from there—King-street is not far from where I was—they had to pass me to go there.
JAMES EDWARD WATTS . I am a pawnbroker, at Angel-terrace, Hammersmith; that is near King-street. On 21st March, this coat and waistcoat were pawned with me, to the best of my belief, by Weller, for 6s.
Cross-examined by MR. PRENDERGAST. Q. What time was this? A. I know it was in the day-time; it was past the morning—my shop is not very dark—I have not a large number of shawls in my window—I do not recollect whether there were other persons in the shop—the person was not in my shop a quarter of an hour.
WILLIAM MANOGUE (policeman, F 101). On Sunday, 23rd March, I took Pryor—I told him what I took him for—he denied all knowledge of it—on the way to the station he said to Baker, "Cockey, don't you say at the station that I got in the window; I will make it all right"—Baker said, "I shall be afraid of my father; I will tell the truth"—Pryor said, "Don't mind your father, he will not be at the station."
Cross-examined by MR. PRENDERGAST. Q. How many persons were there. A. Several persons, the prisoners' friends, but no one was close by but Pryor and Baker—the prosecutor was with me—I had no conversation with him about this—I do not think I asked him whether he remembered this conversation—I did not say to the prosecutor, "Don't you say anything about what Pryor said to Baker;" I do not think he was close enough to hear it—the house is in Fulham parish.
MR. PRENDERGAST to THOMAS CLARKE. Q. Did you hear Pryor say anything to Baker? A. I heard him say, "You know, Cockey, I did not get in at the window; you are locking me up for nothing"—when I first discovered my house had been broken open I gave information against Baker, because I suspected him to be the thief—he has been in my premises five or six times—when I went home I found the window open, and the wirework knocked down—there were seven or eight bricks piled up against the window outside, so that a person might get up—the window is about three feet six inches from the ground—to the best of my belief this knife is mine (looking at it)—I saw it last on the Sunday before the Friday on which the robbery was committed—this button was on my coat when I saw it last, and when I got the coat back it was not on it.
MR. RIBTON. Q. This is rather a new button? A. Yes; there are a great many like it—to my belief it is mine—I was just behind Pryor when he said this to Baker—I am quite certain I heard those words—I did not hear him say, "I say, Cockey, don't say that I got in at the window;" he said, "Cockey, don't lock me up; you know I did not get in
at the window?"—I did not hear him say, "I will make it all right"—I did not hear Baker say anything about his father being at the station-house.
Shawcross's Defence. I was with Mary Ann Baker when the robbery was committed.
MARY ANN BAKER . Yes; I know Shawcross, we have been brought up together; we do not live fifty yards from each other—we are often together—I recollect this robbery—I saw George Baker with a handle under his arm as I was coming along with Shawcross about eleven o'clock—he was running along inside Mr. Bagley's ground, at Fulham—he was about 100 yards from where Clarke lives—I did not see any other person—he was inside the ground—I did not see where he went—I did not stop—I did not see what became of the bundle—I went home and staid there—I did not leave home any more that afternoon—I was doing the work of the house—no one came to see me in the course of the day—I got home about eleven—I do not live many yards from where I saw him.
Cross-examined. Q. What is the little boy Baker? A. My cousin—I was coming down the lane—a hedge separates the lane from the field—he was going from the ground into the field—there were no other parties near him, and I saw no one in the lane—Shawcross was out with me—he went out about nine o'clock, or ten minutes after nine, and was back with me about eleven—he came into the place first about eight; he looked round, and went out again—he came in again at nine, and went out with me to carry the distiller's wash to the customers in Fulham-fields, about half a mile from our house—we carried fifty-two pails of it in a butt in a cart; he drove and I walked—we came back at eleven—he then had his break-fast, and went away—we went out from nine to twenty minutes past—I guessed the time—Shawcross has been at work for us—he has not been living in the house.
COURT. Q. How long have you known him? A. All his life—we were brought up together—he has borne a very good character to work—I never heard anything against him.
MR. RIBTON. Q. You never heard that he was charged with anything? A. Yes; a little fruit—I never beard of anything else—we take wash Tuesdays and Fridays—sometimes the Tuesday's journey is put off till the Wednesday, but we always go on Fridays—I heard that Shawcross was in custody about two months ago for robbing a wharf.
Cross-examined. Q. Have you never heard that he has been charged with an offence? A. I never knew that he was—I have not heard that he had been summarily convicted—I heard he had taken a little fruit; nothing more—he was never tried for it, to my knowledge—I heard he was tried for it: I do not know it—I do not know how long he was in prison I have heard he was more than once in prison—perhaps twice—I do not know.
NOT GUILTY .
MR. GIFFORD conducted the Prosecution.
in my employ till 22nd Feb. I had repeatedly missed skins, and in con. sequence of information, I went to the prisoner's house on Sunday, 23rd March—I found two presses there, some skins, and some empty gold books—I had never given them to the prisoner, or sold them to him—it would not be in the course of his duty to have them in his house—these are them.
Cross-examined by MR. O'BRIEN. Q. Can you swear that these are yours? A. I swear to these skins—I am not positive to the presses or the books—I believe the prisoner was a sort of master manufacturer—I believe he did make skins—I bought a few skins of him before he went into my service, to the extent of 5l., as he was in distress—he has been in my employ since last June—I prosecuted a man for stealing some skins in the old court yesterday—the prisoner took a few skins home at one time for his wife to work, but he gave it up, saying, she was too busy to attend to it.
MR. GIFFORD. Q. Would a person acquainted with skins be able to know at what factory they had been manufactured? A. Most likely; I know my own from others—the prisoner did not manufacture skins; he was a journeyman gold-beater—the skins are worth about 2l.—the skins he took home for his wife to work were perhaps 150—that was about two months after he came to my service, in June—since then he has had nothing.
Cross-examined. Q. Used you to make for anybody else? A. Yes; for a number of persons in the trade, but not of this sort of paper—we have portions of paper, and use them all up sometimes, and these we supplied to Mr. Law—perhaps we made up a hundred of these bundles—they are all tied in this way—about three years ago I sold some books to the prisoner—I make all the books myself—what I make depends on my orders—they are all made of waste-paper—the papers are all different—if you open these books, you will find there are two rules on the top of the page, and they are on a religious subject—Mr. Law had the whole of that kind of paper; every particle of it—these books are worth 2s.
MR. O'BRIEN to MR. LAW. Q. If a person worked at home, would he require books of this kind? A. Yes; but the prisoner was working at my place.
Cross-examined. Q. Did you ever work with it? A. Yes, within the last six months—I do not know that there is any mark on it, but there is something peculiar about it, and it has had a new screw within the last six months—all the men in the employ used it—I believe the prisoner used it—a man named Falla worked there—he was convicted yesterday (see page 884).
Cross-examined. Q. When did you see them last? A. This one, six or seven months back, and the other, three or four months back—I
have seen them within six months—there is no mark on either of them—there are about thirty presses on my matter's premises—I have worked with this one for several years, as it is now—it is fit for work—the presses are not all alike, there is a vast deal of difference—there is no one exactly like this—I have not worked is any gold-beater's establishment but the prosecutor's—about twenty men worked at the shop—some of them took work borne to do, hut not to use presses.
Mr. GIFFORD. Q. Would all presswork be done at the factory? A. Yes, it could not be done at home—one of these boards in this press has "J. K." on it, the initials of Jesse Kennedy, one of the men working in the shop.
WILLIAM EATON . I work for Mr. Laws—three months ago I was taking some skins for him; they were, not like these, they were undressed—they were skins which, when dressed, would look like these—I called at the prisoner's house and he took two bundles out—he said, "They will not be missed"—I said, "If they are missed, I shall tell Mr. Law who had them"—he said, "They will not be missed, you can say that you dropped them going along"—I did not tell my master this, because I thought the prisoner would hit me if I got him turned away from his place.
Cross-examined. Q. What did you go to the prisoner's house for? A. To get some frames which they manufacture the skins with—I could not leave the barrow in the street—I was to take the skins to the manufacturer's, in Herbert-street, Hoxton—I believe the girls manufactured them there—they were in an undressed state—when the prisoner took the two bundles, he said I could say I lost them and the dogs eat them—I mentioned this on the Saturday; I believe the prisoner was taken on the Sunday. (The prisoner received a good character.)
NOT GUILTY .
MR. GIFFORD conducted the Prosecution.
EDWARD BROMLEY . I am thirteen years old; I work for Mr. Laws—last September I was employed by him to shake the salt off some skins in Mr. Law's back-garden—the prisoner came and asked me for some skins—I told him they were my master's—he told me to throw them away, and he picked one bundle up and put it into his pocket—he picked up three bundles, and went away with them—I was going in to tell my master, and he called me back, and said he would give me a good hiding if I told my master, and promised me a penny if I aid not tell him—I did not tell my master then; I told him two Saturdays ago.
Cross-examined by MR. O'BRIEN. Q. Is this the first time you ever mentioned about the penny? A. Yes; I do not know when I was first examined about this—I cannot tell how I know that this occurred in September—I am not sure when I was examined before the Magistrate—I did tell my master about the penny—my master was robbed on the Friday before the Saturday that I told—I have been here all this week—there has been a person examined in the other Court on the great robbery
—those skins came from France—I do not know what kind of skins they were; they were rather long ones, as long as a sheet of paper; I do not think they were so wide; they had no hair on them; they were in a cask with a lot of salt—the prisoner did not take the three bundles at the same time—a boy named Eaton, and a boy named Henry Wood, were with me—we were all knocking the salt off—Wood is older than me; he is fifteen—the prisoner spoke to me; he did not speak to them—I do not think they saw what I saw; their eyes were fixed on their work—I did not say anything to them about the prisoner taking them.
JOHN LAWS . The prisoner was in my employ from June till 22nd Feb.—the raw skins which I receive are from the inside of a bullock—these were imported from France, in Sept. last—Bromley was in my employ, and was employed with two or three others to shake the salt off the skins and throw them on the flag-stones—my yard is longer than this Court.
NOT GUILTY .
THIRD COURT.—Tuesday, April 15th, 1851.
Before Russell Gurney, Esq., and the Seventh Jury.
WATTS pleaded GUILTY . Aged 16.— Confined Three Months and whipped.
WILLIAM SELBY MOSS . I am an upholsterer, at 3, York-place, Fulham-road. On 27th March, about half-past five o'clock, I came into my shop from the back-parlour, heard a conversation, and saw the two prisoners standing by my private door, close to the side of the shop—I heard Andrews say to Watts, "You could have done it before if you liked"—they could not see me; but I was very close to them—Andrews said, "Now is your time"—I stepped back behind a loo-table, and Watts put his hand round and seized a chair—they were walking off together—I rushed out and caught Watts—there was a cry of "Stop thief!"—some gentleman caught Andrews and brought him back—there is a fore-court in front of my shop; and the private door is a considerable distance from the street.
Andrews's Defence. I was not with Watts—I never saw him before—I was passing—heard the cry of "Stop thief!" and a man laid hold of me—there were two other boys sweeping the crossing right opposite.
ANDREWS— GUILTY . † Aged 18.— Confined Three Months and whipped.
982. JOHN ADAMS , stealing 1 purse, and 1 handkerchief, value 1s. 6d., and 50 sovereigns, and 12 half-sovereigns; the goods of John Fordham, from the person of Eliza Fordham; having been before convicted.
MR. COOPER conducted the Prosecution.
ELIZA FORDHAM . I am the wife of John Fordham, of Harrow-bridge, Stratford. On 26th Feb. I was at a crockery-stall bargaining for a teapot—I had 56l. in my pocket, in sovereigns and half-sovereigns, in a purse, which was tied up in a white handkerchief—directly I left the stall I missed them—I saw Green standing next to me at the stall; and I think there were two more boys, and I saw the prisoner (to the best of my belief he is the same man), about two yards behind me—I was not quite sure of him when I first saw him afterwards, on account of his having whiskers (the prisoner had none)—the prisoner resembles the man very much in height and size.
Cross-examined by MR. O'BRIEN. Q. Did not you see two men? A. Yes, one of them was close to me, and made a remark about the teapot I was buying—there was a crowd, but I stood a little distance from it—it was what is called a "cheap Jack" place—the prisoner is very much like the man, except the whiskers—my attention was not called to him at the time—I am not quite sure whether I saw the prisoner again in the same week or the week after—at the police-court there were one or two other men with him—I then said he was like the man.
Cross-examined. Q. Do you say the prisoner is the man? A. No; he is like the man that stood behind my sister.
COURT. Q. In what respect is he like the man? A. In height, but when we were first taken to the cell he had on an over-coat, which made him appear stouter; he is decidedly like the man, and I feel positive in my own mind that he is the man.
JAMES GREEN (a prisoner). I am fourteen years old—before this robbery I lived with my parents in Golden-lane—I became acquainted with the prisoner about a week before I was apprehended, at Earley's public-house, in Thrall-street—on this Wednesday morning I went with him to Romford—on the same night, about nine o'clock, I was going down White-chapel with him, and we saw the woman—the prisoner said, "There is a woman, go on to her, she has got it"—Tim Cathedy went to her, picked her pocket of the money, and ran down a lane, where the prisoner snatched the purse out of his hand, and told us to go on to his house and wait there, and when he came he told us to go home and then to the coffee-shop, and then he took us to the public-house and made us spend 10s. a piece—he had given us 2l. each—he stood behind the ladies while they were buying the teapot—there was no other man with him—I know Joseph Williams, who lives down Keate-street.
Cross-examined. Q. When were you taken for this robbery? A. About three weeks after—I was taken down to the lady's house, and it was after that that I mentioned about the prisoner being there—the prisoner's face was the same on that night as it is now—he had no whiskers then, nor to my knowledge while I have known him—the lady said it was me picked her pocket, but it was Tim Cathedy—I do not know where he is—I had
known him about three weeks—I had been away from home about a week—I have had fourteen days from Clerkenwell, on suspicion of attempting to pick pockets at Chalk-road fair, but I was quite innocent—that was twelve months ago—we went to a coffee-shop opposite the court, where the prisoner sent us—we remained there about a quarter of an hour—I have described the place to the police—we were at the public-house till about twelve—the potboy served us there.
MR. COOPER. Q. Did you know the prisoner when you were suspected of picking pockets? A. No.
JOSEPH WILLIAMS . I know Green and the prisoner—on a Thursday night, about three weeks after I knew the prisoner, I saw him at Earley's beer-shop, and he said, Jemmy Green had been out with him and done fifty-six quids—that means sovereigns—Green was present—I saw him again next morning, and he had on a bran new big coat, the same he has on now—Green was there, and the prisoner told him if he liked he would take him into the country—Green said he would rather stop at Earley's—on the following Sunday night I saw the prisoner at Earley's again, and told him I had seen that a reward of 10l. was offered—he said he did not care a b—r he would be out of the way, he was going down into the country, and would stop till the end of the summer.
Cross-examined. Q. Who keeps Earley's beer-shop? A. A man and woman—I saw the 10l. reward in a ham-shop—I first mentioned the conversation I had had with him, to two policemen on a Saturday—he was not taken then—I have known Green about four months—I have been locked up twice—I got a month from Clerkenwell, about five months ago, for picking pockets, and before that I had fourteen days from the Thames police-court, for stealing bacon—that is better than twelve months ago—I have not been in any employ since I came out of prison—I haw been helping boys to sell things.
THOMAS KELLY (police-sergeant, H 2). I apprehended the prisoner on 5th March, in Brick-lane, and told him he was charged with being concerned with others in picking a lady's pocket of 56l. In the Mile End-road, while making purchases—he said, "You are wrong, you make a mistake"—I said, "Do you deny that your name is Spencer, or better known as Jim the Lagger"—he said, "You don't know me"—I told him one of the lad's was in custody, and had made a confession—I believe I mentioned Green's name—he said, "If Green likes to speak the truth he knows I was not near him when he committed the robbery."
Cross-examined. Q. Do you know the day when Mrs. Fordham saw the prisoner in the cell? A. On the 6th, I believe.
WILLIAM GIFFORD (policeman, H 155). I know the prisoner—I saw him four nights before this robbery in Brick-lane, and about a fortnight before in Earley's, in Whitechapel—he then wore whiskers, and two nights before the robbery also—they were real.
MICHAEL CONVEY (policeman, V 9). I produce a certificate—(read—Central Criminal Court, John Grimes convicted Aug., 1845; having been before convicted, transported for seven years)—I was present—the prisoner is the man—he underwent the sentence.
GUILTY . Aged 26.
(Policeman, V 9, stated that the prisoner had been back from his transportation about ten weeks. The prisoner stated that he had not arrived in England at the time of the robbery, which could be proved by the Captain of the Oriental Steam-packet, and also by the Secretary of State.)
Transported for Fifteen Years.
MR. WOOLLETT conducted the Prosecution.
HENRY RICHARD KELSEY . I am foreman to my mother, Rebeeca Kelsey, who has a trimming-factory at Nicholl's-row, Shoreditch. On 1st March, about a quarter-past one o'clock, I missed some silk from the workshop, and in consequence of information went with Hill to the prisoner's house, 10, New Nicholl-street, about 100 yards from my mother's—it was nearly two o'clock then—I went in, and asked the prisoner if he had bought any bobbins of silk—he did not make any reply, and I asked him if he had bought any of two men—he said, "Of two men?" and then went to the door, and said they had just gone down the street—I opened the door—Hill came in, and the prisoner pointed out some silk on the counter—it is a very small shop, and he sells silk and cotton—he said he had paid at the rate of 16s. a pound for it—it is worth from 36s. to 42s., and we do not sell it in that state, but manufacture it into trimmings—there were these forty-eight bobbins (produced) about a pound and a half—two sets of bobbins are marked with the letter "K" which is our private mark, and the other set "B. L." for Beal-lane, the silk-warehouse we have our goods from—it was no: till after the prisoner saw the constable that he said he had bought them—I gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Are they in the state in which you purchase them? A. No; we purchase the silk and wind it ourselves—that green silk would cost 38s., or 40s. a pound—there is some that would cost about 36s.—there are many persons who do trimming work in a small way—the prisoner was at dinner when I went in, with his family, and the silk was in the scales—he made no attempt to move it—he told us if we would go with him for half an hour he would find out the man who sold them to him—the policeman said he could not let him go—he did not tell us that the man told him he had been a dealer, and was selling up his stock—he said he knew one of the men—a man, who is not here, told me the silk had been stolen, and I then looked to see—I know that job lots are often sold at public sales, but I should expect this silk would fetch about 28s. as a job lot—I had seen the bobbins safe at nine o'clock, and also afterwards.
JAMES HILL (policeman, H 125). I went with Mr. Kelsey to the prisoner's shop, and found this silk in the scales on the counter—the prisoner was inside the counter—the prosecutor said it was his silk—I asked the prisoner if he was aware it was stolen—he said he was not—I asked how he came by it, and he said, "I purchased it of two men who came in here"—I asked him if he knew them, and he said, "No; I do not, but I have often seen them, and I think I shall be able to find them in the course of half an hour, or an hour"—I said, "Have you their address; or know where they live?"—he said, "No"—I told the prosecutor to take out the silk belonging to him—he did so, and I counted forty-eight bobbins—to the best of my recollection the prisoner said he knew one of the men by the name of Charley, but did not know where to find him, but might be
able in half an hour or an hour—he asked me to allow him half an hour to find him, and I told him it was out of my power to do so.
HENRY JACKSON (policeman, H 11). I was present when the prisoner was charged at the station, and he said if they would have let him gone for half an hour he would have been able to have got the party, a man named Charley, a pot companion of his, who used the Admiral Vernon, which is close to his house, but he could not recollect his surname.
Cross-examined. Q. Did he say at the police-court if he were admitted to bail, he had no doubt he could find the men? A. He said something of the sort—he has been in prison ever since.
NOT GUILTY .
Before Mr. Common Serjeant.
THOMAS DERSLEY . I am a veterinary-surgeon, and live at Walthamstow—the prisoner was in my service—I sent him to Smithfield, on 7th March, with a horse to sell—when he got the money I expected him to give it to me—I saw him again the same day, after he had sold the horse—I asked him if he had sold it—he said he had sold it for 7l.—I asked him for the money—he said he would not give it me.
NOT GUILTY .
JOHN PARSONS . I am a farmer, of Ilford. On 19th March, in consequence of something I heard, I went to the station—I found a truss of hay there, which I could swear was mine—I then examined my premises, and traced some hay from the stable in my yard, down Great Ilford-lane, I should think it might be a hundred rods, till I came to Mr. Hunsden's gate, where it had been dropped; there was a good deal of hay—Dennis has been in my service from a child almost—I cannot say whether he left me any time; he has been with me almost all his life—neither he nor Page had any business to take my hay—the place where it appeared to have come from was not locked.
Cross-examined by MR. PARNELL. Q. I believe Dennis has been in your employ for fifteen years? A. I cannot say bow long; he came to me very young—he has lived in the neighbourhood all his life, and his family—he was a respectable honest man, as far as I know—he has not been in my service while he has been out on bail—the stable was kept unlocked—I was not able to say, on looking at it, how much hay had been removed—I found where one truss had been laid down in the lane, near a gate; another truss of mine was found under Mr. Green's cornstack, the same morning—Mr. Green's corn-stack is fifty rods from where there had been a truss lying—Dennis lives close by me—in his coming from the Rabbits to where he lives, he could pass by the gate where the truss of hay had been lying, but it would not be the nearest way.
WILLIAM VAUGHAN (policeman, K 162). I was on duty in Romford-road, on the night of 18th Feb.—I saw the prisoners near the Rabbits, at Ilford—I followed them across the field—they went together in a direction
towards Mr. Parsons's premises—going along Great Ilford-lane it turns, and I lost sight of them—I then went to Little Ilford-lane, and saw them again together, about two hundred yards from Mr. Parson's premises—Dennis was carrying a truss of hay—it was about twelve, or half-past twelve o'clock—I went round the lane to a shed in the Rabbits' yard—they brought the truss of hay to the shed I was in—they did not see me at all—it was a beautiful moonlight night—Dennis put the hay into the shed—I turned my light on, and asked him where he got it—he said he picked it up in Little Ilford-lane—Page said he would stand some beer if I would let him go—Page ran away—I took Dennis to the station—I asked him what made him bring the hay there—he said if there were no owner for it Mr. Wood would give him some beer for it w the morning—I afterwards went to Page's house, and took him.
Cross-examined. Q. Did you know both these men before? A. No; I knew Page—I knew where his cottage was—I went and found him there; he was sober when he offered to stand some drink—that was half or three-quarters of an hour after he had been turned out of the public-house—he might have knocked the people up—I was not quite a hundred yards in front of the prisoners when I first saw them with the trust of hay—it was bright moonlight; I could see them—I did not walk in front of them, I hid myself behind a hedge till they passed—I got to the Rabbits first—they went across a ploughed field, and I went round the lane—I did not lose sight of them—I was in the shed when they came out of the field—the hedges hindered them from seeing me; I was peeping through it—I had not been drinking; I never drink anything—I had not been at the Rabbits that night; I had been round my beat—I have several places to go to—I cannot get to the Rabbits before half-past eleven o'clock—I start from East-end—I pass Little Ilford Church—I had passed Mr. Parsons's—when I first visit there it is about half-past nine; I then go another round.
Page. You took your oath it was half-past twelve o'clock when we were at the Rabbits, and it was just a quarter-past eleven when we left the Coach and Horses; will you swear you saw us a hundred yards off? Witness. I saw you.
NOT GUILTY .
JOSEPH BENTON (policeman, K 381). On 21st March, about half-past six o'clock in the evening, I saw Giffin in Mr. Clark's wagon, in High-street, Stratford, and Rogers walking by the side, driving—they stopped, and Giffin handed a sack out to Rogers; Giffin got out and drove the horses, and Rogers went on with the sack—I followed him through three or four streets, and in turning a corner he saw me following, and ran away—I ran after him, and caught him with the sack, which contained mixed food—he said he had got his horses food, and was going to feed them—I told him he must consider himself a prisoner—he was not going the right way to feed his horses—it was quite a different way to where Mr. Clark's horses stand—he said he would be b—if he would! go with me, and resisted—I got assistance, and took him to the station and the sack—he there said he had bought the chaff of a man for sixpence, and he
lent him the sack—I asked him where he lived, and he said he did not know who he was—I found Giffin at Mr. Clark's stable, about a quarter of a mile off, took him into custody, and told him it was for being concerned with Rogers in stealing some horse food—he said he knew nothing about it—I asked whether he did not have some in his wagon—he said, no—this is the sack (produced), I showed it to Mr. Clark—I took this sample (produced) from a bin at Mr. Clark's, and, in my opinion, it is the same as that in the bag.
WILLIAM OBADIAH CLARK . I am a corn and coal-merchant, at Stratford. On 21st March, about half-past eight o'clock in the evening, Benton produced some mixed food to me in a sack—it was mine—the prisoners were both in my service, and Giffin had charge of the horses—he was allowed to take out a nosebag with food, but not a bag like that—I believe the sack is mine, I have a number like it—this food is the same sort as what Giffin was entitled to take oat—Rogers had nothing to do with the food.
Cross-examined by MR. BALLANTINE. Q. You complain of their taking the sack? A. I make no complaint, it is the police—it is possible that Giffin handed the bag to Rogers for the horses—he has been out on bail—I have employed him since—he has borne a good character, and I think this is the only time he has done it—I know very little of Rogers. GIFFIN— GUILTY .—Recommended to mercy by the Jury. John Messer, of Stratford, coal-merchant, engaged to employ him— Confined Seven Days —ROGERS— GUILTY . Aged 30.— Confined One Month.
ALFRED BERRY pleaded GUILTY . Aged 17.— Confined Six Months.
HENRY IVIMEY COX . I am a cheesemonger, at High-street, Stratford. Alfred Berry has been my shopman two years. On 2nd April, I marked some sixpences, shillings, and seven fourpenny pieces, and gave them to Hardy, who is a customer of mine, to go to my shop—Frederick Berry was afterwards brought to me at the parlour of the Blue Boar by policemen Benton and Harvey, and I asked him if his brother had given him anything—he said he had given him nothing—he afterwards said he had given him a fourpenny-piece, which was produced, and was one of those I had marked.
Cross-examined by MR. HORRY. Q. I believe you asked Alfred whether he had any money, and he produced a shilling, which he said was his own? A. Yes, and it was one I had marked.
JOHN HARVEY . I am a bootmaker. Mr. Cox gave me some money at the Blue Boar, and I went over to his shop, and purchased some goods, and paid Alfred Berry for them with the marked money—I went a second time, and paid three marked fourpenny pieces—I was afterwards at the Blue Boar when Frederick was brought—he at first said nothing, but afterwards produced this four-penny-piece (produced), which is one of those I had paid to Alfred.
had anything about him—he said, "No"—I asked him whether his brother had given him anything—he then said he had given him a four-penny-piece, and took this one from his pocket—I went with Mr. Cox to the shop, and saw Alfred—Frederick was not present.
Cross-examined. Q. Alfred said he had given his brother a fourpenny piece? A. Yes; and that he should not have done so if it had not been for his brother.
JOHN HARVEY (policeman, K 58). I watched Mr. Cox's shop, and saw Frederick about three yards off—I saw Mr. Harvey go in twice and purchase something—about ten minutes after Alfred came out, and handed something to Frederick, who immediately got on an omnibus going to Bow—I followed, took him, and took him to the Blue Boar.
FREDERICK BERRY— NOT GUILTY .
Before Mr. Justice Maule.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 44.— Confined Two Months.
Before Mr. Baron Martin.
MR. WORSLEY conducted the Prosecution.
STEPHEN PILBEAM . I am a carpenter, and live at 8, Creek-place, Greenwich. On Friday evening, 28th Feb., I was at the White Swan, at Deptford—the prisoner was there—we drank together—I left about nine o'clock, and walked towards home—the prisoner followed me, and all of a sudden he ran his hand into my right-hand trowsers-pocket, and then struck me a very heavy blow on the side of the head, which knocked me down on the footpath—I had sixpence in silver, and three halfpence in copper, in my pocket—I know it was safe when I was in the public-house—I had taken it out in the prisoner's presence, to pay for the beer—I was perfectly sober, and remember everything that happened—I am sure it was the prisoner who knocked me down—I got up as soon as I could, and said, "You vagabond, you have robbed me;" he said, as he ran through the railway-arch, "I have only got three halfpence"—I went to the station, and gave information.
Prisoner. Q. When you were in the house, did you not say you wanted a lodging? A. Yes, and you told me I could have one if I asked the landlord—you said, "If you come down to my house, you can lie down for two or three hours;" but you took me to a low place, where it was not likely I should lie down, and then you followed me to the railroad, and robbed me.
Feb. the prisoner and prosecutor were at our house—they left about nine o'clock—the prisoner had been there about four hours—he followed the prosecutor out—he had not spent any money there—he returned in about an hour, and had a pint of porter, which he paid for with 6d.
JAMES WILLIAM CROUCH (policeman, R 118). I took the prisoner on 7th March, and told him in the prosecutor's presence that he was charged with knocking him down, and stealing 7 1/2 d. from him—he said to the prosecutor, "You must be a false man to say such a thing, for I never saw you before in my life."
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. BODKIN and SCRIVEN conducted the Prosecution.
HANNAH HART . I am the wife of Nathan Hart. We keep a general shop at Wellington-street, Woolwich. On Monday, 3rd March, a man came to the shop, and asked for three-farthings-worth of tobacco; I told him I did not sell less than a pennyworth—I sold him a pennyworth, and he gave me a sixpence—I gave him fivepence back, and put the sixpence into the till—there was no other silver there—in an hour or an hour and a half, I looked at it again, and discovered it was bad—there was no other sixpence then in the till, and no one had been to the till—on the Wednesday I marked it, and gave it to the policeman—this is it (produced).
MART ANN GREEN . I am servant to Mrs. Hart. I recollect some one coming for three-farthings-worth of tobacco—it was the prisoner I am sure—I saw him put down a sixpence—in about an hour and a half I heard her say it was bad.
GEORGE MARSH . I am related to Mr. Wood, a grocer, in Woolwich, a few doors from Mr. Hart's. On Tuesday, 4th March, I was attending to Mr. Wood's business—the prisoner came in and asked for a penny-worth of tobacco, he gave me a sixpence—I told him it was bad—I bent it, he said he did not know it, and wanted me to make a half-penny worth of tobacco—I said I could not—I gave the sixpence to Mr. Wood, who sent for an officer—I afterwards went to the station, and when I returned to the shop, I found two bad sixpences in the basket of onions which the prisoner had stood close to—I took them down to the station and marked them—these are them.
JACOB WOOD . I am father-in-law to the last witness. On 4th March, he gave me a sixpence—it was bad—I sent for an officer—he was taken into custody—I gave the sixpence to the officer—the prisoner said he had no money about him and I was at liberty to search him—he had only one half-penny—I said, "I would not; I would get some one else to search him"—he was close to the onion basket.
WILLIAM JACKSON (policeman, R 284). I took the prisoner—I produce the three sixpences, I received one from Mr. Wood and two from the boy—I searched the prisoner, and found on him one good shilling and 2s. 8 1/2 d. In copper, all good.
GUILTY . Aged 21.— Confined Six Months.
NOT GUILTY .
Before Mr. Recorder.
GUILTY. — Confined Two Months.
994. GEORGE PEARSON BARRETT and ENOCH PEARSON BARRETT , stealing 2 dozen pairs of gloves, and other articles, value 18l. 0s. 101/2 d.; the goods of the London, Brighton, and South Coast Railway Company, their masters; and MARY ANN BARRETT , ELIZABETH EVANS , and JOHN EVANS feloniously receiving the same.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
WILLIAM STANLEY . I am in the service of Messrs. Pawson, and Co. St. Paul's Church-yard; wholesale Manchester warehousemen. On 19th December, 1849, I saw a box and truss, packed for Turner's, Shoreham, both directed, Ann Turner and Co., Shoreham—the truss contained shawls, gloves, and other things; it was delivered to the porter Thomas Hagger.
Cross-examined by MR. PARNELL. Q. What is the name of your firm? A. John Falshaw Pawson, John Stone, and another—I cannot say bow many trusses we sent off that day, perhaps a hundred, containing goods of this description—we send off trusses of various weights—I don't know the weight of that truss, or whether we sent any other trusses that day, by the South Coast Railway.
Cross-examined by MR. O'BRIEN. Q. These goods were all intended for a country dealer? A. Yes, and were such things as they would deal in.
THOMAS KINGSWILL . I am clerk to Chaplin and Home. I receive parcels on their account at the Swan and Two Necks, in Lad-lane, to be forwarded by railway—I produce a book containing the entry of goods received on 19th December, 1849—the entries are my own writing—they are made at the time the goods are brought—on 19th December, 1849, here is an entry for Turner of Shoreham, from Pawson's, one box and one truss—I gave a receipt for the goods—the goods are delivered by us to the railway company's servants.
Cross-examined by MR. PARNELL. Q. Who is at the office beside you? A. We have four clerks—I have no recollection of this box and truss but by the book—what became of them afterwards I do not know, but by the party signing in the book to receiving these and other goods—here is the book—Scarborough has signed his name here that he received a number of packages—here is a scratching out here—it was first entered Burn by mistake, but it is altered to Pawson—I have not looked to see whether Burn sent any packages there that day—we have five or six books there in use.
Cross-examined by MR. O'BRIEN. Q. By what means do you know from whom the parcel came? A. From the book that is brought with the goods—I signed Pawson's book, but made the mistake to enter them to Burn—such mistakes do occur sometimes—I might have made the entry, put down the book, and then have entered these to Burn—I take the books from the window, where there may be twenty—I take them and enter them, and then if I find Pawson's man, claims the book, I go back and alter it to Pawson in my book.
and Co., Shoreham—I delivered them at Chaplin and Home's, and 4d. for booking them—my book is signed "Chaplin."
Cross-examined by MR. PARNELL. Q. Do you see the articles before you sign, or merely see the book? A. I see what the articles are by the book, and then sign it.
COURT. Q. How do you sign it? A. From the check of our man—he makes a check to signify he has got these goods—the checker is not here—here is his signature, Z 2—we call him Zimbardo.
MR. PARNELL. Q. How many other parcels did you receive? A. I cannot tell—there was a cart-load, some to go to one place, and some to another—they were all entered in this delivery-book before I started—I stopped at various places, and delivered such articles as belonged there, and they gave the book back to me signed—I do not recollect how many parcels I had that day.
WILLIAM SCARBOROUGH . I was at that time in the service of the London, Brighton, and South-coast Railway Company. I was guard to the delivery van—it was my duty to take goods from the Swan with Two Necks to the railway company's station—it was my practice, when I received goods to place them on the van, to count the packages, and then I signed for them—this is my signature in this book—on 19th Dec, 1840, I received a box and truss from the Swan with Two Necks, directed to Turner of Shoreham—I did not take notice of the name on them—I obtained this number of trusses and boxes, and took them to the railway station—there were eight packages that day—I received a way-bill from the Swan with Two Necks—I took the way-bill to the office when I got to the station—I should put those goods on the Worthing platform, if they were for Shoreham—I took them to Trigg, and he ticked them off.
Cross-examined by MR. PARNELL. Q. Are you quite sure that you took them to Trigg? A. Yes; if they were for Shoreham, I am sure I should take them to him—I am not at work now—I was discharged from the railway about a bit of a wrapper of a box—there was nothing else besides that—it was a little bit of white stuff, like a bit of linen—I did not take the box and all—the party said that he saw me take it off the box, and he went and told the parties on the next platform that it was off—the clerk asked me for it, and I gave it to him, and he doubled it up and put it in the carriage—it was done to get me the sack more than anything else, I believe—they gave me three days' notice and sent me off—I have not been in any other difficulty since that—I have never been locked up.
THOMAS TRIGG . In Dec, 1849, I was receiving-clerk at the Bricklayers' Arms station. It was my duty to receive goods from Scarborough, and to check them with the way-bill—I have not the original way-bill here—I have made search for it, but have not been able to find it—I checked the parcels brought by Scarborough with a pencil—I have seen a copy of the way-bill; the bill I took in and gave to Mr. Hemmington—it would be checked by me, copied, and put on the file—it was copied in the invoice, and the invoice sent down with the goods; that is the practice—if Scarborough brought any goods on 19th Dec, 1849, I checked them.
Cross-examined by Mr. PARNELL. Q. All the goods he brought you checked? A. Yes; I have never copied the way-bill—that was in Mr. Hemmington's department—he knew best what was done with it when it was brought to the office—anything else that was done with it was done by him—my duties were at an end when I gave it to him.
Cross-examined by MR. O'BRIEN. Q. Have you any. recollection of the number of parcels you checked off that day? A. No.
ALFRED BENNETT . I am foreman of the goods department at the Bricklayers' Arms station—I was so in Dec., 1849—the goods are brought there to the receiving-clerks—I have the loading-book of Dec. 19, 1849—I have an entry in my own writing, "Turner, Shoreham, I truss and I box, 588"—I made this entry from the direction on the package, not from any paper—I copied this one truss and one box for Turner, Shoreham, from the directions on the box and truck themselves—as I enter the articles in the book I see them put into the track—this No. 588 indicates the truck on which this truss and box were put—I saw them put on myself—there was a way-bill sent down by the guard—I did not see the truck sheeted and tied up—I have an entry in this book, "One bag for Taylor, of Staining"—that was put on the truck No. 588—that truck was going to the Kingston station.
Cross-examined by MR. PARNELL. Q. You have no recollection, except from this book? A. No; I made these entries from the packages themselves—I can undertake to say that—these letters at the end are the loader's name—this "K" stands for King, who took the parcels from me—he placed them on the truck in my sight—I stood at the door of the truck—I can pledge myself to having seen King wheel all these packages on the truck.
GEORGE BONAMY . I am in the service of the London, Brighton, and South Coast Railway Company, at the Kingston and Shoreham stations. On 20th Dec, 1849, I checked the goods on the way-bill—it is not here, but I checked it with the goods in the truck No. 588—I suppose the train arrived between three and five o'clock in the morning of 20th Dec, 1849—I found, on checking that way-bill, that there were two trusses missing; one was for Taylor, of Staining, and another for Turner—that was the way-bill that came down with the guard—I checked it about eight.
Cross-examined by MR. PARNELL. Q. The track came down all sheeted? A. Yes; it was sheeted well.
MR. HUDDLESTON. Q. Did you find anything that appeared to have been opened? A. Yes; a box of coffee—I also found a lucifer match.
JOHN CARPENTER (police-sergeant, R 38). On Friday, 14th Feb., I went to No. 25, Albert-street, Deptford; I saw there Enoch Pearson, Barrett, and Mary Ann Barrett—I told Enoch that his brother was in custody on a charge of stealing some books, and I understood he had been stopping there, and I must search his house—he said his brother had brought no books there, or any thing else—I searched the house, and found this unhemmed handkerchief in a clothes-box of his up-stairs, amongst some clothes which he claimed—I asked him where he got it; he said it was his own, and he bought it himself, and it had nothing to do with anybody
else—I saw some other property in the house which I did not then take—I had gone there for books—I went there again on Sunday evening, 16th, about half-past six o'clock—I saw Mary Ann Barrett, and asked her where her husband was—she said he was in bed—I went up-stairs, and found him there—I told him the offence with which his brother was charged had become very serious; I was about to ask him a very serious question, and he must be careful in the answer he gave me, because I should have to make use of it in another place—I then asked him what things he had of his brother George; and I said, "Where did you get the things that I saw in the house on Friday?" alluding to the handkerchief, and some diaper, and some linen, that I had seen in the drawers—he turned to his wife and said, "We had better tell the truth about these things"—I told him they were things of the robberies that had been committed on the Brighton railway, and in the last two years the robberies had amounted to upwards of 2,000l.—he said to his wife, "It is no use telling any falsehoods about this matter; we had better tell the truth"—I opened some drawers, and found a variety of good a—some diaper which I have not brought, it has not been identified—there was some linen, some calico, these two pairs of gloves, and this odd one, and these handkerchiefs—I told him these were past of the goods that were in a truss, sent by the Brighton railway, and should have gone to Turner, of Shoreham—he said he had had them of his brother; and his wife said, "Whatever we had of my brother, it was for his keep and lodging, while he was staying with us at different times"—I found these cotton nightcaps in one of the nests of drawers—I told him they were part of a dozen nightcaps that ought to have gone in the same truss—I found these scarlet comforters, and some braces—I said they were part of the same truss—he said he had them of his brother—I wanted another candle to go into another part, and I told Mrs. Barrett to fetch me one—I told her not to go near her next-door neighbour (Elizabeth Evans, the prisoner)—she said she would not—she went down-stairs, and in a minute I heard the outer door go—I immediately went down-stairs, and found Mrs. Barrett coming in—I said, "You have been next door, where I told you not to go; what have you been there for?"—she said, "To tell Mrs. Evans to get the two or three tickets ready, because I thought you would want them"—I said to her, "You have got the tickets, I think, and I insist on having them"—she said, "No; Mrs. Evans has got my tickets"—I went to the next door immediately, and was let in by a little girl—I said, "Where is Mrs. Evans?"—she said, "I don't know"—I went through the house into the back garden, and at the top of the garden I saw Mrs. Evans—it was dark—she had no light—I asked her what she was doing, she said "Nothing, but merely come out for a walk in the air"—I said, "I know you have been throwing something away"—she said, "I have not"—I said, "I am positive you have, and come and show me what you have done with it"—she then declared most solemnly that she had not thrown anything away—I said, "Give me Mrs. Barrett's tickets"—she said, "I have got no tickets of hers"—I said, "Mrs. Barrett has told met that you have some tickets of hers"—she said, "I only had two or three, which I gave her just now when she came to the door"—I asked her why she gave them to her—she said, "Because she came and asked me for them"—I brought her back into the house
with me, and asked her what other things she had got belonging to Mrs. Barrett—she said she had got nothing at all—I told her to be careful, as she might get herself into serious trouble—she declared most solemnly that she had nothing at all—we were then in the front-parlour—I opened a little box and saw a bit of Berlin wool, and a piece of cambric—I said, "These you had of Mrs. Barrett?"—she said, "Yes, she gave them to me"—I left her in charge of an officer, and told him not to let her move to any part of the house till I came back—I went to Mrs. Barrett's, and said, "Now give me, immediately, those tickets"—she took from her bosom sixteen duplicates, and gave them to me—they relate to a variety of property which is produced—some coats, shawls, Coburg cloths, lawn, stockings, handkerchiefs, two silver watches, and other things—I then went and searched the garret—I found two black bags, a carpet-bag, a coat, a waistcoat, and a pair of trowsers—I asked Enoch Barrett what bags they were—he said they belonged to his brother; and the coat, waistcoat, and trowsers were his brother's—I asked him if his brother kept a change of clothing there—he said he did, clothing that he wore when he went to Petticoat-lane to deal for his goods—I then came to the kitchen, the room in which they live, and on searching in a corner I found this cuff of a coat—I said, "This is the thing I have been looking for; I want six of these; there were six coats of this description stolen from a truck the same night the other goods were stolen"—he said, "I never saw any of the sort in my house in my life"—I told him it was part of some soldier's coats, and I had found some of a similar material at his brother's house, at Newport Pagnel—he said he had no such things in the house in his life—I found a little packet of hooks-and-eyes in a little box; and in the table-drawer, a lot of loose buttons; but I did not make any allusion to them—I went back to Evans and asked Mrs. Evans if she had any more tickets than those she gave to Mrs. Barrett—I told her her two or three tickets turned out to be sixteen, and she must consider herself in custody—she said she had no more; and said "I will tell you the truth about what I have got, and I will fetch some linen"—I told her she need not trouble herself for I should search the house from bottom to top—I found in a cupboard in that room a great many things, all of which she said she had from Mrs. Barrett, but which do not belong to this charge—I went into the bedroom, and found a large box full of all sorts of property, but not belonging to this charge—she said Mrs. Barrett had asked her to allow her to bring the things there, as her brother was in trouble for offering some books, and it might get them into trouble if they were found in their house—on the bed I found this nightcap, which appears of the same texture and shape as those others, only this one has been worn—I said, "This nightcap is part of a dozen which were stolen from a truss of goods that were going to Shoreham"—she said she had bought it for her husband—I also found this skirt cord—I said that had been stolen at the same time as the nightcap, and was in the same truss—she first said it was her own, and then said Mrs. Barrett had given it her—here are ten or twelve dozen buttons—some were on the mantelpiece, and some in a table-drawer, in the same room—she said they were also Mrs. Barrett's—I found in a clothes-box in Evans's room, this pair of braces, and this hat-box full of Berlin wool—it does not belong to this case, but I told her it belonged to another truss that was stolen—I asked her whose box it was—she said her husband's hat-box—I found several
pieces of linen rough-washed, and other things—I told her it was all stolen—she said, "If it is, I don't know anything about it"—I found nine pieces of muslin—I told her they were all stolen property—she said, if they were, she knew nothing about it; Mrs. Barrett brought them to her to take care of, so that they might not be found in their house if it were searched—I came down-stairs with her again, and she said she was very sorry for what she had done, and she had not told me the truth when I first came to her—I asked her where her husband was—she said he was gone to London—she made communication to Mr. Hacton, and they went into the back-garden, and I saw Mr. Hacton come in with two soldiers' coats on his arms—I said, "These are the very things that we have been looking for"—Mrs. Evans said Mrs. Barrett had thrown them over the fence to her, and when she came and asked her for the duplicates she asked her to throw them away—I found two pairs of tan-leather gloves in the pocket of a coat that Enoch Barrett had on in his bedroom—I told him they were part of another truss that had been stolen the same night—he said he had had them of his brother—I found another pair of similar gloves in a box in his bedroom—the two pairs that were in the pocket appeared to have been worn—he said he did not know where his brother got them, but he did not believe they had been stolen; that his brother had been in the habit of coming there, and he never took notice of what he brought in; he brought them in a bag, and left them there, and he did not interfere with his brother's business; that his brother was in the habit of coming there and putting his goods down in a bag in the corner—I then returned to Mrs. Barrett and her husband—I produced these two coats to him—I said, "These are the coats I was speaking about just now, when I found this cuff in the corner"—he said, "These coats have been on my brother's bed for a long time"—they were not on the bed when I searched the house on Friday, or I should have seen them—he said, "They were there when you searched the house before"—I said, "If they had been there I should have seen them, because they are the particular things that I have been looking for"—Mrs. Barrett said she had thrown them over the garden, thinking that if they were found in their house they might get them into trouble—I found these four whistles in Enoch Barrett's pocket—they are all of different notes—I found this cord in a cupboard in the back kitchen—it has been cut at one end—this is the cord used on the sheets of the trucks—it is cut at one end and it is tarred—their sheets and ropes are all tarred—all the others are just the same as this, and bound round as this is—they fix on one end of the sheet and tie down to the truck—I asked Enoch Barrett how it came there—he said he did not know—on Saturday 15th Feb. I went with Mr. Owen to New-port Pagnell—I searched George Pearson Barrett's general-shop there, and found a great many things—this bundle of shawls and three red worsted cravats hanging up in the shop—they were new, and exactly correspond with the one I have produced—I found three dozen and one pairs of braces and seven pairs of Berlin gloves, which correspond with those I found in Albert-street—I found a packet of buttons of a similar kind to those I found at Evans's, these are marked 400, some printed cotton, with 43 1/2 stamped on them, two red worsted cravats that had been worn of the same kind, four pairs of tan-leather gloves, corresponding with what I found in Albert-street, five pairs of leather gloves in the bedroom, and
in a drawer that pulls out under an old-fashioned clothes-chest I found seven pairs of boys' gloves—Mr. Owen showed me some handkerchiefs which he had found—some of them correspond with the handkerchiefs I found at Barrett's—I found this skirt-cord at Newport Pagnel—it is exactly the same sort as the skirt-cord I have produced before.
Cross-examined by MR. O'BRIEN. Q. Was this cord produced before the Magistrate? A. Yes, I produced the box with the whole of the property—Enoch Barrett was present on the Friday—I will not swear that he went into all the rooms with me, he went into most of them—I saw the room where his brother had slept in the attic—I saw the black bags on the 14th—when the soldiers' coats were produced, he said they had been on his brother's bed—I searched his brother's bed the first time—I took the blankets up one by one off the bed—I searched for books—I did not turn the black bags inside out then, because I saw there was nothing in them—I did not take anything away on the 14th belonging to this charge—I took some things belonging to another affair—Enoch was there all the time on the 14th.
Cross-examined by MR. WOOLLETT. Q. When did you first get a copy of the depositions? A. I got it by degrees; I got a brother sergeant to write it for me—I think I got it last Friday—I have not read it all through, because I had lost the list of the property I got at New-port Pagnel—I am rather curious, and keep everything relative to every case I have—I took no memorandum of the conversation between myself and Mrs. Evans—I often do make a memorandum, but I did not on that occasion—all I rely on is my memory—I hardly know what are the articles in this indictment that I found in her room—this worn-night cap is one, and this skirt-cord I found in the band-box—this nightcap corresponds with the others; it is the same texture and size—I found nothing in the band-box belonging to this indictment—this pair of braces, which correspond with the others, and these coats are in this indictment—I know where they were produced, I did not see them found—I have produced all the articles I found relative to this indictment—I have known Enoch Barrett about ten years—he is employed in the Victualling-yard—I believe he had a high character.
Cross-examined by MR. O'BRIEN. Q. Had you seen all the goods that are produced here on the Friday? A. Yes.
MR. HUDDLESTON. Q. Did you see more goods on the Friday than you did afterwards? A. Yes; a great many more—I forgot to state that I found some new cotton stockings in the shop at Newport Pagnel, and this wrapper, and these shawls I found at Enoch Barrett's house, at Deptford, these two cards, directed to Mr. Barrett, Newport Pagnel, and the wrapper also.
Cross-examined by MR. WOOLLETT. Q. Was not Mrs. Evans admitted to bail? A. Yes; to the ordinary bail on the committal.
WILLIAM ACTON . I am superintendent of police on the London, Brighton, and South Eastern Railway. In Dec. 1849, Enoch Pearson Barrett was in the employ of the Company, as signal and switch-man—it was his duty to stop the goods'-train at the particular place where he was; at the Bricklayers' Arms junction with the main line, about two miles from London—it was his duty to see that the main line was clear before the other trains were admitted from the Bricklayers' Arms station
to the main line—I have seen these four whistles—a whistle is used by a great many by way of exciting the attention of the guard, but these whistles are not the sort that they use, and I do not know of any switchmen having whistles—George Pearson Barrett was in the employ of the Company as an occasional man, but I am not aware that he was a man in constant employ—as far as my recollection serves me, the last time was at the Epsom races, in May, 1849—on Sunday, 16th Feb., I went with Carpenter to Enoch Pearson Barrett's house, at Deptford—I was present when the four cotton-handkerchiefs were taken from a box in the bedroom—I found two coats in a dark corner in Evans' garden—they were pointed out to me by Mrs. Evans—they were shaded by a dark building, it being a moonlight night.
Cross-examined by MR. O'BRIEN. Q. How long had Enoch Pearson Barrett been in the Company's service? A. To my knowledge, six years—he had been there before—his duty was to give warning to the goods'-train, not to let it out on the main line when there were other trains there—when the goods'-train was loaded, the tarpaulin on, and all ready, one guard, an engine-man, and a stoker, would go with it—I do not know whether there was a watchman on that train—the guard would be in a box by the last carriage on the train—supposing there were a loss on a Friday, and it was ascertained in a few days, there would be no difficulty in ascertaining who was guard that night—I understand there have been verbal reports when the goods'-train has been detained—if there were only a check to detain it a few minutes there would be no report; if there had been a serious delay there would.
MR. CLARKSON. Q. Are you able to say what part of the train the trucks were in on the night this loss was sustained? A. No; but from there being a portion going to the western parts they would be in the centre—I think this robbery might have been effected without the knowledge of the officers—a watchman would not have any necessity for such a rope.
MR. O'BRIEN. Q. When the train would be coming out getting on the main line, would Enoch Pearson Barrett be engaged himself? A. Only to attend to the proper position of the switches, and see that it came out properly—one of his hands would be engaged, and one foot—in Jan. last the Company gave a reward to all their servants, and he was one—it was competent to him to stop the train at his own discretion.
HANNAH GRIFFIN . I am the wife of Samuel Griffin; we live at Abbey End, Newport Pagnel. I have known George Pearson Barrett several years—he has been in the habit of frequenting Newport Pagnel for fifteen or sixteen months—he lived at a private house at Abbey End there—these things taken from the shop are such as I had seen in his window for sale—I remember Mr. Owen and Carpenter coming down—Barrett's family had removed from Abbey End to Marsh End—the house which the officers searched was the house to which they had removed—I received articles from George Pearson Barrett's wife to pawn, as near as I can recollect on six occasions—her husband has been present on some of the occasions; I cannot say how many—he has also been present when I have brought the money for the pledges, and has said that he would soon have the goods out again—I delivered the tickets to Mrs. Barrett—I pawned in my own name for Barrett.
Cross-examined by MR. PARNELL. Q. When you go to a pawnbroker, the first question he asks is, whose property it is? A. Yes; when he asked me this I always told him it was Barrett's—Barrett never told me to conceal that fact—I had been in the habit of pawning at the shop for myself occasionally—the pawnbroker knew me—I do not know whether he knew him or not.
MR. CLARKSON. Q. How came you to pawn them in your own name? A. Mrs. Barrett told me to do so, in her husband's presence.
Cross-examined by MR. PARNELL. Q. Did you know the shop that George Pearson Barrett had at Abbey End? A. Yes, it was a general shop—he had not been there long—he resided in the town on different occasions; not long this last time—his family was considered respectable—he was born within three miles of Newport—I never heard anything against him—the articles Mrs. Griffin brought she explained as being Barrett's—George Pearson Barrett was once a turner.
HENRY GASELTINE . I am in the service of Moses and Son, of Aldgate—I packed up six boys' soldiers' great coats, and sent them to Mr. Taylor, of Staining, on 19th Dec, 1849—these are the sort of articles; and I believe they are the same; there is no mark on them)—I took the parcel to the George in Alderman bury, and booked it there for the railway.
Cross-examined by MR. PARNELL. Q. How many of these coats do your employers send out in a year? A. Very few, not more than a dozen last year—I should think all these pieces were in one coat—we do not get the stuff and have them made; we buy them of persons who deal in them—I do not mean to say more than that we had some coats of a similar description to these a year and a half ago.
Cross-examined by MR. O'BRIEN. Q. What is the meaning of boys' soldiers' coats? A. They were made for soldier-boys in the regiments—they are sold off, and we purchase them afterwards of persons who buy them—we only get them for an order—they are not saleable—if we had an order now for six of this kind, I dare say we should know where to get them—they are sold by Government, and the persons who buy them sell them.
Cross-examined by MR. WOOLLETT. Q. Are they sold by auction? A. They are at first.
CHARLES HILDER . I am clerk at the George Inn, Aldermanbury—in this delivery-book here is an entry of one truss to G. Taylor, of Staining, received on 19th Dec, 1850—in the course of business it would be forwarded next day to the railway station.
WILLIAM ACTON . I have seen a great many of the railway whistles—these four are not railway-whistles—here is one, it is different to these—George Pearson Barrett would not have occasion for whistles in any capacity that I knew him to be employed in.
GEORGE LEWIS . I am in the service of Mr. Harris, a pawnbroker, of High-street, Deptford. I produce some articles pawned there on 9th Sept., 1850, a piece of stuff and a handkerchief; on 9th Jan., 1851, a piece of black Cobourg—these are the duplicates which were given by Mrs. Barrett to Carpenter.
BENJAMIN PULLEN . I am a carman, in the service of Pickford and Co., carriers. On 1st Jan., 1850, I went to the house of Enoch Pearson Barrett, in Albert-street, Deptford—I took a box from there, addressed to George Pearson Barrett, Newport Pagnell—I had orders to go to Albert-street for a box, and I saw two women there—I cannot say whether I see either of those women here—I have some recollection of seeing Mrs. Evans before—I took the box to Pickford's office, Union-street—I gave in the consignment I had of the parcel—of course they entered it in the book—I did not see it entered.
FRANCIS HARRIS . I am goods'-clerk at the Woodbury station—I have a book here in which I find an entry on 1st Jan., 1850, of a parcel for Mr. Barrett, of Newport Pagnell—I find his own writing, acknowledging the receipt of the parcel—it is signed "George Barrett."
Cross-examined by MR. PARNELL. Q. Did you see him write it? A. No; I have seen him write since this, and I am sure this is his—we have a great many parcels at all times, but more about Christmas—the weight of this box was 1 3/4 cwt.
WILLIAM STANLEY re-examined. The truss contained two dozen of youths' gloves; these are them, one dozen of cotton mufflers; here is one of them, three dozen of cotton pocket-handkerchiefs; this is one of them, a number of handkerchiefs; these are some of them—the goods that were pawned are tied in the same sort of handkerchiefs; some plain Silesia, the same as this; a piece of printed cotton; this is a part of it—I heard of the loss of the parcel a day or two afterwards, and then my attention was called to what it contained, and I recollected it—this cotton has a mark on it—the length of the piece was forty-three yards and a half—this piece was found at Newport Pagnel—the length of the pieces vary—if you have twenty pieces, every one is different—there was some blue pilot cloth found at Newport Pagnel; this is it—a piece of black Cobourg—here is the mark of 400 on this paper of buttons, which corresponds with the entry in the book; a number of other buttons, of the same sort as those found at Evans's; some skirt-cord; this is the same sort, some was found at Deptford and some at Newport Pagnel; some cotton braces, these form part of them—there were three dozen pairs sent, and here are thirty-five pairs produced—they were all found at Newport, and one pair at Evans'—one dozen of single cotton night-caps; these are part of them—this one that has been worn is exactly the same as the others, two dozen of scarlet worsted cravats; these are similar to them—two dozen of cotton hose, and eighteen plaid wool handkerchiefs; these are some of them—I find here some of the same sort of things, exactly as I find in my book.
Cross-examined by MR. PARNELL. Q. All you are able to say is, that they were articles of this kind and description? A. Yes; there is no mark on anything but the buttons; that is stamped on them—they come
to us stamped in this manner—we do not manufacture at all—we send off a great number of articles daily; not of this particular description—we do not send one print in twelve months of this pattern and length—we might not send more than one in a month of this pattern, they vary very much in length, they go from thirty-seven to forty-five yards, and the length is stamped on them.
Cross-examined by MR. WOOLLETT. Q. What is the value of this night-cap? A. They are 5s. a dozen—I do not know the value of these buttons—this skirt-cord is perhaps worth a shilling.
MR. CLARKSON Q. To whom was the parcel directed? A. To Ann Turner and another.
Cross-examined by MR. PARNELL. Q. How do you know her name? A. From our traveller, and I have seen her letters signed "Ann Turner and Co."
MR. HUDDLESTON. Q. How many others are there? A. One other, I believe her cousin—I have acted on the direction of Ann Turner and Co. and sent goods—I have no knowledge of but one other person in the firm.
Enoch Barrett's Defence. These whistles I had of my brother; we always use whistles at our place, particularly in foggy weather.
(Elizabeth Evans received a good character.)
G. P. BARRETT— GUILTY of stealing. Aged 40.
E. P. BARRETT— GUILTY of stealing as a servant. Aged 37 Judgment respited.
M. ANN BARRETT
NOT GUILTY .
Before Mr. Common Serjeant.
THOMAS MARSON . I live at Greenwich. On 28th March I delivered a carpet-bag to Thomas Beavis to take to our laundress, containing six yards of stuff, five shirts, two pairs of stockings, an apron, a chemise, and other articles—I had put them into the bag, and saw Beavis put them into his cart—this (produced) is one of the shirts—it has my initials on it—the bag was then covered with carpet, but now has only the lining left (produced).
THOMAS BEAVIS . I live at Bermondsey. I received a bag from Mr. Marson to take to the laundress in London—I put it in my cart, and went on to Woolwich—as I was returning over Blackheath I missed the bag—it had been at the bottom of my cart, and could not have fallen out—I left the cart several times, once as long as half an hour.
CHARLES CARPENTER (policeman, R 147). On 28th March, about twenty minutes past nine at night, I saw the prisoner coming out of the Ship and Billett, Woolwich-road, with a bundle under his arm—I stopped him and asked what he had in the bundle—he said he had a dirty shirt, towel, and a pair of stockings, which he had taken off the same day—I took him into the toll-house—the bundle was this lining of a carpet-bag—I saw a piece of merino at the top of the bag—I told him he must go to the station, and on the way he told me he had picked up the bundle coming down Shooter's-hill—at the station I saw the bag contained five shirts, seven collars, two pairs of stockings, a chemise, a pair of drawers, a silk
handkerchief, and an apron—I asked him how the bag came to have the outside off, and he told me he tore it off and threw it away.
Prisoner's Defence. I found the bag as I was coming from Charlton to Woolwich, in the road; there was no cart near; I was hard up, and thought I could get something to eat; there was a hole at the bottom, and I tore off the lining; I did not say it belonged to me.
ANGELINA GELETA MOORE . I am the daughter of James Moore, who keeps the Railway Tavern, Blackheath. I am eleven years old—about two months ago, about half-past five or six o'clock one evening, the prisoner and another woman were drinking at my father's, and the prisoner asked me for change for a half-sovereign—I told her I had not got it—she asked how much I had got, and I said, "5s."—she said, "Give me the 5s., and my boy will go for change"—she had a boy with her—I held out the 5s. in the one hand, and the other hand for the half-sovereign—I asked her about the half-sovereign, and she said, "All right"—she called the boy, but he did not come, and they then left—I told my father when he came home, and he sent some one after her, but did not find her—I met her a few day after, asked her about it, and she turned the conversation off, and asked how my father was—I said, "How about that 5s.?"—she said she could not pay it till the middle of next month—she has never paid it.
Prisoner. Q. Did not your uncle tell you to lend me the 5s.? A. No, he was not there—you did not come three days after, and speak to my father about it—I believe you have been to the house since, but I did not see you.
JAMES MOORE . I am last witness's father. In consequence of information she gave me two months ago, I went in search of the prisoner, but did not find her—on 21st March she came to my house; I sent for a policeman, and gave her into custody.
Prisoner. Q. Did not I come to your house three days after I had the 5s.? A. No; my wife did not draw you beer—you have only been once since—I have trusted you 15s. for beer—I did not then tell you you could have anything in the shop.
THOMAS HILLSDON (policeman, R 201). I took the prisoner—she was told the charge, and said, "Well, I did have it"—I asked her a second time, and said, "Did you have it?"—she said, "I did have it; well what if I had?"—she was rather intoxicated, but knew what she was saying.
Prisoner's Defence. I had spent all my money to buy food for my children, and borrowed this 5s.; I went three days after, and Mr. Moore said, "You borrowed 5s. here? I said, "Yes;" and he said, "Very well."
The prisoner called
FENNELLY COOPER . I am single, and get my living by selling things in the street. I was at Mr. Moore's, and heard the prisoner ask Miss Moore to lend her 5s.—she lent it her—her father came in, and she told him she had lent Mrs. Simmons 5s.—I have seen the prisoner backwards and forwards by the door of the house since, but not inside.
JAMES MOORE . re-examined. When I came in, my daughter told me the woman asked her for change for a half-sovereign; she said she only had 5s., and held the money out at the same time in her hand; that the prisoner said, "Give me that (at the same time taking it), and I will send my boy for change;" that she called the boy, but he would not come; that the boy disappeared, and the woman also—my brother was not there.
Prisoner. Q. Did not you draw me a glass of ale three days after? A. No.
ANGELINA MOORE . re-examined. The prisoner said, "Give me the 5s., and I will get it changed"—she did not ask me to lend it her—I told my father she had taken it out of my hand, not that I had lent it her.
Prisoner. Q. Did I not come to the house five times afterwards, and say you lent it me? A. No.
JURY. Q. Did you see the half-sovereign? A. No; my cousin was with me—she is not here—she is fourteen years old—my uncle was not there—we were alone—the prisoner stayed about ten minutes after she got the 5s.
Prisoner. I had no half-sovereign.
GUILTY . Aged 38.— Confined Twelve Months.
ELIZABETH HAZLEWOOD . I am the wife of James Hazlewood. On 29th March, about seven o'clock in the morning, I missed the copper from its place in our out-house, and two pieces of carpet from a box—I had seen it safe at seven o'clock on the evening of the 28th—this (produced) is the carpet—I did not like to swear to the copper—they are the property of Amelia Lambert—I am a lodger in the house.
JOHN WHITE . (policeman, R 180). On 29th March, about seven in the morning, I saw the prisoner in Church-street, Deptford, with a copper on his shoulder wrapped up in these two pieces of carpet—I stopped him and asked where he brought the copper from—he said from his own house, 7, Wellington-street, East Greenwich, and he was going to sell it, it was his own—I went to his house, but he had not been there that night.
GUILTY . Aged 20.— Confined Six Months.
JOHN DONALD GEORGE HIGGON . I am a lieutenant in the Royal Artillery, at Woolwich. On Friday night, 21st March, I was at Captain Standish's room in the Barracks, and had a gold watch and chain in my waistcoat-pocket—I saw them safe at ten minutes to eleven—I left Captain Standish's room a little before twelve o'clock, and at ten minutes past one when I was in another lieutenant's room I felt my watch safe—about eleven the following rooming I missed them—I do not know whether they were safe when I went to bed—I saw the chain again the
following Monday, this is it (produced)—I have not seen the watch-about three on the Saturday morning, I left my room door open while I went to another officer's room.
Prisoner, Q. Was there any female in your company in Captain Standish's room? A. Yes, one—when I left there I went to another lieutenant's room with the female—I was there till between one and two o'clock—the female stayed about that time—she came out from there with me and went across Artillery-square, and returned with me into the same house at my quarters—she went into another gentleman's room about three minutes, while I went to my own room, lighted the candles and came down again—we remained there till about a quarter to three, or three, when she left with me and came with me to my room—she stopped all night; and until half-past one in the afternoon—I saw her from eleven at night till half-past one the next day, excepting the three or four minutes I went up-stairs—she left on the Saturday by herself—she is not a witness—her name is Jessey Shirley—I saw a girl they call Mackintosh—I walked with her 150 yards—I did not see her after ten minutes-past nine—that was inside the square near my quarters.
COURT. Q. When did you go to your own quarters? A. Between two and three o'clock—I went up to light the candles, and took off my coat and waistcoat and went down again—I generally carry my watch in my waistcoat pocket—I do not remember putting it on the table—there is a very small pin prick in the chain, hardly enough to indentify it by.
ANN BROWN . On Friday evening, 21st March, between one and two o'clock I met the prisoner in Beresford-street, Woolwich—he went home with me, and next morning he asked me to pledge a chain for him which he had, hooked in his coat-button, he told me I was to get 10s. on it—I said, "Is it your own property?" he said, "Yes"—I got 10s. on it at Mr. Moore's—I gave it to him and the ticket—I did not see any watch."
WILLIAM GLADWIN . (policeman, R 122). I took the prisoner, and asked him where he had been on the Friday night, he said he slept in a stable in the barracks—I asked if he slept with a girl on Friday night—he said he did not—I asked if he had given a chain to the female he slept with on the Saturday morning to go and pawn—he said he did not—I took him to Brown, and she said, in his presence, "That is the person who gave me the chain to pawn"—the prisoner said, "I found the chain in Wellington-street"—after he had been examined, he told me that a girl named Mackintosh gave him the chain.
Prisoner. Q. Were you in the barracks on the Friday night? A. Yes; Mr. Higgon passed me into the Horse Artillery-square; I did not see him after half-past nine; I was only in his company five minutes.
Prisoner's Defence. Mackintosh gave me the chain, and said, "When you meet me in the street don't speak to me for a fortnight or three weeks."
JOHN PORTSMOUTH (policeman, B 173). I produce a certificate of the prisoner's conviction—(read—Convicted Aug. 1850, of stealing a watch from the person; confined six months)—I was present—he is the person.
GUILTY on Second Count. Aged 18.— Transported for Seven Years.
WILLIAM CHARLES SMITH . I am a baker, at Stockwell-terrace, Greenwich, and have two partners. On 27th March, a little before five o'clock, I was coming from the bakehouse at the back of the shop and saw the prisoner in front of the counter in the shop reaching over the counter where the silver till was, which was open—he saw me; ran away; I pursued and caught him—I had not lost sight of him—he gave me 5s. 4s., and desired I would let him go, and he would never do so any more—there was another boy with him in the shop—I had seen the till ten minutes before; but do not know how much there was there; but there certainly was less afterwards.
GUILTY . Aged 13.
Policeman R 118, stated that the prisoner belonged to a gang of thieves, and had been six times summarily convicted,— Judgment respited.
DEAR pleaded GUILTY . † * Aged 13.
BELSOM pleaded GUILTY . †* Aged 13.
Confined Four Months and Whipped.
JAMES GILL . I am a carpenter, of Greenwich. On 28th Feb. in consequence of the police coming to me, I missed some planes, which were safe in a chest in my shop about the 20th—these (produced) are them—I swear to thirteen of them, but not to the other—I think it is mine—Collins has worked for me, and I thought I could trust him.
GEORGE LEWIS . I live with Mr. Harris, a pawnbroker, at Deptford. On 28th Feb. the prisoners came together and pledged six or eight planes—Burrows offered them, and Collins stood behind him—I asked Burrows who they belonged to—he said his father, who was a travelling carpenter, and lived in Deptford—I asked him the names of the planes; he could not give me a satisfactory answer—I went outside, saw a policeman, and he took them into custody—I produce these six or eight, also the rest of them, but I do not know who they were pledged by.
JAMES PINKETT . I was a policeman. On 28th Feb. I took the prisoner at Mr. Harris's shop—Burrows had six planes—I asked how he came by them—he said his father sent him to pawn them—I took them to the station, and on the way they both said they had pawned eight more at Mr. Harris's in the morning—Collins said they were Burrow's father's, and afterwards that they had found them in a stack of bricks.
Burrows's Defence,. I found them in a stack of bricks; they might have been stolen and laid there.
BURROWS— GUILTY . Aged 18.— Confined Four Months.
COLLINS— GUILTY . Aged 17.— Confined Six Months,
MESSRS. CARTER and HORRT conducted the Prosecution, CHARLES GAGE. I am a shoemaker; I occupied the front-kitchen at Mr. Gibbons's, the Jolly Sailor, New Charlton. On 27th Feb. I was in
arrears for rent nine weeks, and unable to pay—Mrs. Gibbons came and put the prisoner in possession—shortly after that she said, in the prisoner's presence, that she would forgive me the rent if I would pay the expenses, 6s. 6d., which I agreed to do, and to go out of possession in the course of the evening—I sold some articles for Is. 9d., which was all I could make up that night, and gave the money to Mr. Graham, the broker—I was out seeking for money, and when I returned I found the door locked, and I was obliged to stop out that night—I returned next morning, and Graham and the prisoner were there, just coming out of the beer-shop, and my door was locked—I went down with them to my room, and in the course of the afternoon I was looking out some tools to make some money on, and missed two prickers from a basket—the prisoner said, "What are you looking for?"—I said, "For two articles I have missed that were here two days ago"—he said I had better go and sell those I had, and said, "I have put some articles into the box you are sitting on"—I asked if he had seen the prickers—he said he had not; he had not touched the basket—I examined the box referred to, and did not find them—I went out, raised 6s. 3d. (I could not raise any more), and Graham took it, and was satisfied—he said the man would require something for the second day's pay—I said I had no money, and he said, "He has looked out some articles"—I said I should like to see them, and he told me to go with him, and he showed me a hamper with some articles and tools I use in my trade in it, of which I made a list shortly afterwards—this is it (produced)—they demanded 3s. of me for the second day—I said 2s. 6d. was all they were entitled to—I left these articles as security for the 3s.—I did not give him any authority to sell them; he was to hold them till I paid him, and upon that I quitted, and took my things to another room—when I came to examine them I missed a tap, a kittle, a pincer punch, two jiggers, some drills, and some pump-irons—by the following Thursday I had made out a list of what was missing, and there were twenty-eight articles; there was a pair of trowsers some boot-tops, three brushes, and other articles—on the following Friday I found some of my tools at Mr. Ellis's, made a communication to him, and gave the prisoner into custody—I was at the station when he was searched, and saw the brass tap taken from his pocket, which I have spoken of—it is mine—I went with Newell to his lodgings, and found two brushes, an iron, and a walking-stick, all mine—I have recovered sixteen articles—there are still ten or twelve not accounted for, besides those in pledge for the 3s.
Cross-examined by MR. WOOLLETT. Q. How long was he in possession? A. He came at three o'clock, on Thursday, 27th, and stopped till nine, and came again next day; I owed 18s., for nine weeks' rent, and there was 7s. 4d. to be set off for work done—I did not pay the landlord anything—the 1s. 9d. I paid Graham was towards the expenses—I paid him altogether 6s. 3d.—I have lived in the house since before Mr. Gibbons came, which was on 27th Nov. before that, I lived in Punch-bowlalley about eighteen months—I owed about 1l. rent when I left there—before that I lived a few weeks in Warwick-street—I did not pay all my rent there—before that I lived in Coleman-street—I paid my rent there, and can show the account—I lived there from 6th May, 1847, to 1st Sept., 1848—once during that time the landlady put an execution in
for two weeks' rent, but I paid it—I work at journey work—I worked for Mr. Philby rather better than twelve months ago, and since that I have worked for a few little masters occasionally, and a few customers of my own—I did not give the prisoner a list of the articles he was to have—Mr. May, of Woolwich, is my attorney.
THOMAS M'GUIRE . I live in Powis-street, Woolwich. I know the prisoner—on 6th March I bought a pricker, a jigger, and a drill of him, and a wheel of William Ellis—these are them (produced)—the prosecutor nine and claimed them—I gave 2d. for the jigger, 24. for the drill, 3d. for the pricker, and 2d. for the wheel.
WILLIAM ELLIS . I am a furniture-dealer, of Woolwich, I bought these six articles (produced) of a man named Stevenson, for 9d., and exposed them for sale—on the Friday the prosecutor came, examined the tools, and claimed them—I delivered them to the policeman, except one I had sold to M'Guire.
JOHN STEVENSON . I am a blacksmith, and live with Botton. On 5th, March the prisoner asked me to sell some tools, and I took them to Mr. Ellis, and handed the prisoner the money—I did not examine them.
JOHN NEWELL (policeman, R 340). I took the prisoner on 7th March, searched him, and found this tap, which the prosecutor identified, and the key of a room—I went with the prosecutor to the prisoner's room—the key fitted the door, and we there found two brushes, which the prosecutor said were his—the other articles were given me by Ellis, Stevenson, and M'Guire, and I have had them ever since.
CHARLES GAGE re-examined. All these articles are mine—the pincers have one end broken off, and the brushes are marked—this tap is mine, the officer fitted it to the tub—I never gave or sold any of these articles to the prisoner, or any one else.
MR. WOOLLETT called.
WILLIAM GRAHAM . I am a broker, and put the prisoner in possession of the premises on 27th Feb.—these things were given to the prisoner, not by way of pledge at all—there were tools, brushes, and other things in the basket, indiscriminately put in, and no notice taken of them.
Cross-examined by MR. HORRY. Q. Did you go before the Magistrate? A. Yes; the Magistrate asked me to describe any of the articles put into the hamper, and I said, as now, that I could not tell what they were—I cannot swear that any particular tool was given by way of compensation—I took no notice of them—I told the prisoner he had better keep the things a day or two, and if the man came and offered to pay the money that was due, to give them to him—I did not know he bad sold them till afterwards—I did not see any tap in the hamper.
COURT Q. What do you mean by saying you cannot speak to any particular article? A. There were so many, it is impossible, unless the things were brought to my mind; I am sure there were tools, and there was an old pair of boots, one odd blucher boot, two or three pairs of lasts, they were not pairs, and some blocks—the prisoner was entitled to 2s. 6d. for the second day's attendance—that was what was charged, but he did not make up the amount for the former day, and said, "I will make
it up to 2s., and you shall have them for the 3s."—that was 2s. 6d. for the second day, and the arrears—he paid me 6s. 3d.—the first day there was the levy, 3s.; the man, 2s. 6d.; and the commission, 1s., and the next day half-a-crown—3s. was not charged for the second day—he voluntarily offered to pay 3s. instead of 2s. 9d.—he did not name anything about pledging these articles. (The prisoner received a good character.)
GUILTY . Aged 41.—Recommended to mercy by the Jury.— Confined Six Months.
Before Mr. Justice Maule.
BENJAMIN PARROTT . On 31st March, between twelve and one o'clock in the morning, I went to the Fishmongers' Arms—I came out about two hours afterwards—I had been drinking a little—I was not drunk—I knew perfectly well what I was doing—I bad had two or three drinks of stout and two glasses of rum—I went out to make water, and as I was returning in again the prisoner caught me by the coat and waistcoat, and struck me on the forehead—I then received a kick over the eye which took away my senses—I recollect nothing more—I had never seen the prisoner before.
EMMA BURRELL . I am the prosecutor's sister—he went out with my husband, about one o'clock on Monday morning, and finding they were gone a long time, my sister and I went out after them to the Fishmongers' Arms, and there found them drinking stout—between three and four my brother went outside the house, and seeing him the worse for liquor, I followed him and saw him knocked down by the prisoner—I instantly seized the prisoner by the hair and took his hand from my brother's right-hand pocket, it was clenched—I did not leave go of his hair till the policeman came and loosened it—there were several of the prisoner's associates round him, and I received a blow in the mouth—I did not know him before—he did not appear drunk.
PATRICK STACK (policeman L 123). The prisoner was given into my custody by Mrs. Burrell—she had hold of him by the hair when I came up—I took him a short distance, and found that the prosecutor was kept back by a lot of the prisoner's companions—he told me that the prisoner bad robbed him—he was drunk—I told him at the station to search his pockets and see what money he had lost—he said he had lost a half-sovereign, and afterwards he said be had lost some more—he could not say how much—next day, before the Magistrate, he said he had lost two half-crowns—he had a severe wound on the left eye, which was bleeding very much.
Prisoner, Q. When you found me with the prosecutor, were we not both on the ground? A, Yes; you said, "Take me away from them,' and so I did, and took you to the station.
Prisoners Defence. I was at the Fishmongers' Arms, and the prosecutor, his sister, and four others were there drinking rum and ale; they
got fighting, and their landlady lost her shawl; I went outside the door, and the prosecutor said, "This is one of them," and hit at me; I hit at him again, and we closed and fell; he got the blow on the eye by the fall; his sister seized me by the hair and called "Police!" and I told the police to take them away from me, for they were ill-using me.
NOT GUILTY .
Before Mr. Justice Erle.
NOT GUILTY .
GUILTY OF AN ASSAULT .
GUILTY . Aged 47.— Transported for Life.
Before Mr. Baron Martin.
1007. WILLIAM GRAY SMYTHE was again indicted, with FRANCES TAYLOR , for unlawfully conspiring to procure Catharine Stacey, aged 17 years, to have illicit intercourse with the said William Gray Smythe; to which they pleaded
GUILTY .—TAYLOR, Aged 21.
Confined Two Years. SMYTHE— GUILTY .
NOT GUILTY .
1009. SARAH WHITEHORN , feloniously killing and slaying Henry Greenaway: she was also charged on the Coroner's Inquisition with the like offence. MESSRS. HUDDLKSTON and RIBTON conducted the Prosecution.
LOUISA BAILEY . I am an inmate of Camberwell Workhouse. The prisoner was a nurse there—on 25th March I went into the ward where the prisoner and the children were—the deceased child, Henry Greenaway, was then suffering from diarrhoea—he was about two years old—he had been taken from his mother, in consequence of being ill—she came to see him that day—she asked the prisoner to give him some tea—she gave him a little drop, and he cried for more—she would not give him any more, but hit him a blow in the back with her double fist—the mother was not present then—the prisoner put him into bed, and he went to sleep—it was then between three and four in the afternoon (I was sent there because the other wards were so full, not as nurse)—I slept close by him at night—he was very restless, and awoke frequently—there were five children in his bed—he slept in the middle—he got out of bed and fell over two of the children, and knocked his forehead against the iron of my bedstead—I then took him from the ground—in about five minutes the prisoner came and took him—I said, "Let me have the child"—she said I should not have him, she took him from me, and threw him back to his own bed, saying, "You little villain, lie there!"—I said, "You will kill that poor
little thing"—she said, "A d—d good job too; a d—d good job if be was dead now, and I should get rid of him"—I told her I would complain of her—she said if I did I should suffer for it—as near as I can tell it was between one and two o'clock, but we had no clock—there was a rushlight burning all night—the child fell with the back part of its head upon the iron-work, as it had removed the pillow in getting out—it bled a good deal, and lay for half an hour insensible—it then began to cry again, and the prisoner got out of bed and went to it again, and beat it with her double fist on the stomach and side, and pinched the back-part of its arms—it cried, and said, "Oh, my! oh, don't!"—next morning it appeared quite languid, and I said I would complain of her, and told her she had ill-used the child—she said I was to stick to it, and she would do the same, even to the last, and I should suffer for it if I told about it, and that the child fell over a form—about dinner-time that day, Thursday, she took the child out of bed, and was going to give it some beef-tea, but it was not able to take it, and went into a fit—I said, "Oh, the poor little thing is dying, I think"—she told me to go and fetch the nurse, Ann Mack—I fetched her—she came and said, "Oh, you villain, you will have to suffer for this; you have killed my poor child"—it was not hen, but she was very fond of it—she took it, and the prisoner said, "I have done nothing at all; the child fell over the form"—the first time the child fell, it knocked its forehead, and caused a bruise, but it was not much hurt—it did not appear stupified then—it cried—the prisoner threw it violently into the bed—it was some distance—it was not thrown over the other children—the five children slept on two iron-bedsteads, between which and mine there was a passage.
Prisoner. There is no iron at the back of the bedstead. Witness. They are all iron bedsteads—I have been a servant—I was a prostitute, but not for the last twelvemonths.
ANN MACK . I am an inmate of Camberwell Workhouse, and have been employed as nurse for five years; the deceased was under my care—the prisoner was sent to be nurse to eight children; he was one of them—I was sent for by Bailey, and found him in convulsions—I examined him, and found a black bruise on his forehead—I sent for the head nurse—the child died the same night—two days before, the surgeon came to see the ward, and asked the prisoner how the child was—she said it was better, and a few hours afterwards this happened—I slept in the next room on the Wednesday night—I used to hear the children cry, but never thought anything of it—I never heard any beating.
Prisoner Q. Were not the two bedsteads pushed together? A. Yes: the heads were against the wall—a bolster goes along the wall, the length of the bed; it covers the iron—there was just space between the bed where Bailey slept and the other to pass between them.
MR. RIBTON. Q. The child moving about might remove the bolster, and lay the iron bare? A. Yes; the children were on two bedsteads put close together, and there was a passage as wide as this witness-box between them and Bailey's bed.
THOMAS KIRWAN KING I am surgeon in Camberwell Workhouse. I was called to see the deceased—he was just recovering from a fit of convulsions—(I had seen him two days previous, and had directed remedies for a very slight diarrhoea, and he had a slight eruption on the head of no
importance)—he was in a state of considerable excitement and fever; the skin was very hot—there were several livid marks on the forehead and tide of the head and face—both arms were covered with bruises and livid marks—there was a contusion on the upper part of the chest on the left side, also a severe bruise on the lower part of the abdomen and the pubis, and several bruises on the anterior and internal part of both thighs—both legs were covered with livid marks, and there were some trifling bruises on the top, and a slight scratch on the back of the head, an abrasion; the skin was broken; it was not bleeding then, it might have bled—he died a short time afterwards—I made a post-mortem examination; the brain was healthy, but there were five or six ounces of blood extravasated on the back-part of the head—a severe blow on the front of the head would have caused that quantity of extravasated blood at the back—I do not think it would be caused by the bruises on the front of the head themselves; they teemed to be simply pinches—I think if the child had been thrown on the back of its head on a hard substance, that would account for the extravasated blood—I have seen the bolster in the workhouse—if the child was thrown with great violence upon one of them, it might perhaps account for the coagulated blood—after a shock of that kind, the child would appear drowsy and stupified—all the other parts of the body were healthy—in my judgment, the cause of death was the rupture of a blood-vessel, caused by the child being thrown violently against the bed, and striking its head against a hard substance—none of the other bruises would account for death, they might accelerate the circulation a little; that would be merely accessary.
COURT. Q. Might it have been caused by the child falling from the bed to the ground on its head? A. Yes, or from its being pitched on an iron bedstead—the marks on the arms and thighs were isolated, as if from its being pinched—what I saw might arise from a violent fall, a blow, or a sudden shake.
Prisoner's Defence. The child fell out of bed five times on Wednesday morning, and fell on its head each time; it was not sleeping on the double bedstead, but on the single one when it fell.
GUILTY . Aged 73.— Confined Eighteen Months.
Before Mr. Common Serjeant.
GUILTY . Aged 19.— Confined Twelve Months.
THOMAS MEPLEY . The prisoner has been in my service fourteen years—on the night of 30th or 31st March, I gave him the key to lock the gates, and left—I returned in two minutes, and saw him in the stowage-room, and saw him take two pieces of linen from a bulk of goods, and put them in his trowsers-flap—I went to him, walked with him to the gates, and said, "Jem, you have robbed me," I took hold of him, and gave him into custody—I took these two pieces of linen (produced) from his trowsers, and gave it to the policeman—I went with him to the station, and then to his house.
Cross-examined by MR. DUNCAN. Q. Was he your foreman? A. He has been my principal man some years—he had 18s. a week, and some, thing like 2s. a week extra—these pieces of linen have been used by the Eastern Counties Railway Company, to put horse-hair in—there was a light near where I found the prisoner when I went back, and there was a boy with a candle in his hand—there were 54l. 13s. 6d. worth of goods in the place—when I told him he had robbed me, he stood and trembled, and did not say a word.
THOMAS LEAHY (policeman, M 170). On the night of 31st March, about half-past eight o'clock, I received charge of the prisoner from the prosecutor, in Bermondsey-street—as I took him to the station a man met him, who asked him what was the matter—he said, "I have taken two pieces of coarse linen to put a back in my waistcoat"—he said he feared he would prosecute him for it, having him in custody before for the same.
NOT GUILTY .
THOMAS MEDLEY . I gave the prisoner in charge on the last case, and went with two policemen to No. 2, Rose-street, Russel-street, where the prisoner had told me he lived, and where I found his wife—we went into the bedroom, and found in a box four more pieces of the same linen, which had been made into towels (produced)—I also found this book (produced) which had been lost four months, these rings, and all these things (produced).
Cross-examined by MR. DUNCAN. Q. How many rings are there? A. Thirty-eight; and this cheese-knife, pincers, screw-driver, three chisels, and a brad-awl—this linen is out of the first-class Brighton carriages—I have no mark on it, but I take all their second-hand goods—it is like my linen, that is all I can say—I identify these thirty-eight rings by having these others (produced)—I have had the cheese-knife twelve or fifteen months—I have had the chisels twelve or eighteen months—I only swear to them—to the best of my belief this book is my wife's cookery-book; my wife had accused the servant of taking it, and she accused this man—I think I have been a witness before—I was never accused of anything in a court that I am aware of—it has made no impression on my memory—I do not know whether I have a right to answer whether I have ever been accused—I was before a Magistrate twelve months ago, on a charge of false imprisonment—the Magistrate passed it away, he did not convict me—I was not charged some years before that, that I am aware of.
MATTHEW GODDARD (policeman, M 167). I went with Mr. Medley to the prisoner's house; he gave the address when he was locked up—I searched a box in the bedroom, and found five ort six pieces of linen, the book, and various tools, which have been produced.
NOT GUILTY .
MR. WOOLLETT conducted the Prosecution.
ALFRED SPICER (policeman, V 47). On 20th March, about seven o'clock in the evening, I saw the prisoner and another lad in the Wandsworth-road—about half-past eight or nine I was in the Clapham-road, met the prisoner, and asked him what he had got in the bag he had—he said some wet clothes, belonging to his mother—I asked a young man standing by to see what it was; and he said, "Wet clothes"—I took him to the station—I taw something bulky in his trowsers, and he took out a black apron—I examined the bag at the station, and it contained these wet clothes (produced)—before the Magistrate, he said be had picked them up.
Cross-examined by MR. BURNIE. Q. Were you in plain clothes? A. Yes; they both patted close to me—I am sure neither of them bad any bundle then—when I took the prisoner, I saw no blood or bruises about him—there was nothing in his hands to attract my attention—he was then three-quarters of a mile from Mrs. Tulit's.
ANN TULIT . I am the wife of Peter Tulit—we live at Love-lane, Stockwell. On 20th March I had a sheet banging out to dry, on a line in the garden, close to the door; and another down the garden—I saw them safe at a little after seven o'clock—I went about nine to take them in, and found they were gone—these produced are them, and the other things are mine—I do not know the apron—the garden wall is about four, and the outside wall seven, feet high—most of the things have my work on them.
Cross-examined. Q. Is there a wall round your garden? A. Yes; ours is the second garden—the outside wall is above a man's height—there is no glass on it—there is au old wood fence, and it is impossible for any one to climb up without making their clothes to dirty that it would appear.
GUILTY . Aged 17.— Confined Twelve Months.
GUILTY >. Aged 16.— Confined Three Months.
GEORGE SCOTT (City policeman, 560). On 31st March, about half-past ten o'clock in the morning, I saw the prisoner go up Compter-street, in the Borough—I knew him before, went after him, and saw him put his band into a gentleman's pocket, take a handkerchief, and put it into his breast—I went across the road, he taw me coming, ran away, pulled out the handkerchief and threw it into the road—a man jumped out of one of Pickford's vans and picked it up—I took the prisoner; he said, "Oh dear, let me go."
Cross-examined by MR. CHARNOCK. Q. Are you sure he said that? A. Yes; I said so at the police-court—I am sure of that—I have been a policeman eleven years—I followed the prisoner to the Borough—I am not confined to the City, if I see a thief going anywhere—I have had another case here—that is tried—I do not know now whether that happened before or after this—I did not tell the Magistrate that I saw him put the
handkerchief into his breast—the deposition was read over to me, and I signed it—I said I saw him take the handkerchief and throw it away—I have not spoken to Woodgate about it—I did not come here with him—the prisoner ran down three streets, and I could not go after the gentleman—I called out, I do not know whether he heard me—I have had a great many handkerchief cases before, with unknown prosecutors.
THOMAS WOODGATE . I am in the service of Baxendale and Company, called Pick ford's; I was in the Borough with a van, and saw the prisoner run by, and the policeman after him—the prisoner pulled the handkerchief from his bosom and threw it away—I picked it up—a gentleman came to me, and in consequence of what he said I gave it to him.
Cross-examined. Q. You don't know who the gentleman is? A. No; I came here by myself—I have not had any conversation with Scott about the case—I do not know whether he was present before the Magistrate, when I said I saw the prisoner take the handkerchief from his bosom.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY .— Confined Two Months.
FENDALL pleaded GUILTY . * Aged 28.— Confined Twelve Months.
JAMES KITE . I am foreman to John Henry Coward and William Needham, starch-makers, of Prince's-street, Lambeth. On 24th March, I missed some lead off the sky-light and gutters at the back of the premises—I do not think I had been there for two months—on the following Wednesday I missed some more lead which I had seen safe on 25th—I gave information and set the police to watch—on 1st April, I found the prisoners in custody, and then missed a third quantity—I saw some lead fitted to the sky-light, the holes in it corresponded exactly with the nails left in the roof, and the size corresponded.
JAMES M'MILLAN (policeman, L 27). On 31st March, I was watching the premises with Atlee, and about eight o'clock in the evening we heard a noise on the roof; I went to the back of the premises, stopped there five minutes, and saw the prisoners on the roof with something on their heads, which they threw down on some old bricks; they then got down, put it into a bag, and made off together—I followed; they saw or heard me, dropped the lead, and got over a fence into a railway arch, the gas-light at the fence shone on their faces, and I am able to swear to them both—I ran after Fendall; I saw Atlee find the bag, it contained four pieces of lead—I afterwards took Wright and told him what it was for, he said nothing.
WILLIAM ATLEE (policeman, L 4). I was watching with M'Millan; I heard a noise on the roof, and sent him backwards—Fendall was taken, and locked up—I found a bag, containing six pieces of lead—I went the next day, and found that the holes in the lead fitted with the nails left on the roof, and the marks on the tiles corresponded.
Wright's Defence. I was at the Victoria playhouse from half-past five till ten minutes past twelve o'clock; I was not locked up till two.
JAMES FROST (policeman, L 59). I produce a certificate—(read—Central Criminal Court: Alfred Wright, Convicted June, 1846, having been before convicted; confined nine months>)—I was present—Wright is the person.
WRIGHT— GUILTY . ** Aged 30.— Transported for Seven Years.
CHARLES SMITH . I am a warehouseman, at Bristol—I was present on 2nd July, 1846, when my sister Mary was married to the prisoner in the name of Thomas Maddock, at the Bristol Registry-office—this is a true copy of the registry; I compared it with the original, at the office—(read:) I am one of the witnesses; my sister is alive, and is here; I knew them living together at Bristol, after the marriage.
THOMAS GARDNER (policeman, M 97). On 19th March the prisoner's first wife gave him into my charge, for bigamy—he said she was doing a good job for herself—I produce a copy of the registry, which I received from Elizabeth Surridge, and compared it with the original, at St. Matthew's, Bethnal-green—(read; "Adolphus Maddock and Elizabeth Surridge, married 7th Nov., 1850.")
JOHN WOODHOUSE (police-inspector, M 13). I read the charge to the prisoner at the station—he said he had married the second wife, but not the first; he did not consider it legal, as the ceremony took place in a room, and not in a Church.
(The prisoner, in a written defence, stated that he had served fourteen years in the East and West Indies, India and America, and being absent from England was not aware that the ceremony was legal; he had obtained nothing by the second marriage, and there were no children.)
GUILTY . Aged 32.— Confined Twelve Months.
MR. CLARKSON conducted the Prosecution.
WILLIAM INGE ENGEHAM . I live in Nelson-street, Bermondsey, and I deal with Mr. Naylor for coals—the prisoner was his servant. On 16th Jan. the prisoner brought me a ton and a half of coals—about a month after I paid the prisoner for them, and he gave me this receipt to the bill—I saw him write it—(read—this bill was dated 16th Jan.; total, 1l. 8s. 6d., signed William Taylor.)
MAR'Y SPEARPOINT . I am the wife of Henry James Spearpoint, a leather-dresser, of Abbey-street, Bermondsey—we deal with Mr. Naylor for coals—the prisoner was in the habit of bringing them. On 4th Feb. he brought a ton and a half, and gave me this bill—I paid him, and he wrote the receipt to it—(this was a receipt for 1l. 7s., signed William Taylor.)
SARAH JAGGO . I am the wife of Thomas Jaggo, of Clandon-street, Walworth. On 14th Feb. the prisoner delivered us a ton and a half of coals from Mr. Naylor—he gave me this bill, and I paid him, and he signed it—(this was a receipt for 1l. 6s. 3d., signed by the prisoner.)
was my carman; his wages were 14s. a week, and 2d. on every ton he delivered, averaging 21s. or 22s. a week together—when he delivered them he had authority to receive the money—he had a book, in which he entered the parties' names he received the money of, and it was his duty to pay it into my office every night, or next morning if he was late, and get his discharge from the clerk—if he paid me money I should put it down in the cash-book, and give him a receipt in his book, and at the end of the week he settles the account—here is one receipt in his book of 1l. 8s. 6d. for coals delivered to Mr. Engeham, in Feb.; that is not for coals supplied in Jan.
WILLIAM INGE ENGEHAM re-examined. I had a ton and a half of coals every week, but I cannot tell whether the prisoner always delivered them—I paid him this money about 17th or 18th Feb. for those delivered on 16th Jan.—that was the only time I missed paying for them on delivery—I have many other bills (produced—Jan. 4th, 1l. 8s. 6d.—Jan. 8th, 1l. 8s. 6d.—Feb. 8th, 1l. 6s. 3d.—March 3rd, 1l. 6s. 3d.—and Jan. 16th, 1l. 8s. 6d.)
JAMES NATLOR continued. This book of the prisoner's, only shows four entries of coals to Mr. Engeham, and the prisoner has only accounted to me for those—he has not accounted for those delivered on 16th Jan.—my son and wife are here, and Gants, my clerk—I have no means of knowing when the prisoner made these entries in his book—there is no entry in his book of 1l. 7s. paid by Mr. Spearpoint on 4th Feb., or of 1l. 6s. 3d. by Mrs. Jaggo on 14th. Feb., and he has not accounted for them—the prisoner was taken into custody on 8th March, and thirteen or fourteen receipts were found in his packet-book.
Cross-examined by MR. PATNE. Q. Who keeps your cash-book? A. Gants; I had him up before the Magistrate, not for booking short money he had received from a carman—I turned him out then—the prisoner has said he paid this money to Gants—the receipts we gave the prisoner when he paid money were not produced at the end of the week, unless we found something wrong—he was not able to produce receipts for these entries when required.
—GANTS. I was clerk to Mr. Naylor. On 20th Feb. I was taken before the Magistrate, charged with stealing 25s., which a party had paid me for coals—I was discharged—the prisoner did not account to me in Jan. or Feb. for 1l. 8s. 6d., received from Mr. Engeham for coals delivered on 16th Jan.; or 1l. 7s. from Mrs. Spearpoint; or 1l. 6s. 3d. from Mrs. Jaggo.
Cross-examined. Q. Did your master discharge you before he took you before the Magistrate? A. Yes, that was for the same 25s.—I have never told the prisoner when he has paid me money, that there was no necessity for him to have a receipt, as I had entered it in the books, as if it had been paid me direct—I swear I did not say so with respect to these
three sums—if my master had sworn I was discharged for a short entry of money received from a carman, that is not true.
MR. PATNS called
GEORGE WILLIAM THOMAS . I am a greengrocer, at 10, Cherry-gardens. I have known the prisoner five or six years, he has borne an unquestionably honest character—I never knew him to be charged with any offence, or to be in a station-house.
Cross-examined by MR. CLARKSON. Q. Do you know that on 27th Oct., 1848, his master forgave him a deficiency of 13l. 12s. 9d.? A. I heard of it—I understood he had lost it, and paid it back week by week.
JAMES NAYLOR re-examined. The prisoner has been in my service about nine years—on 27th Oct., 1848, he was deficient in hit account 13l. 12s. 9d.—I permitted him to pay that back by instalments, and on 20th Feb., 1851, he was again deficient 2l.
GUILTY . Aged 50.—Recommended to mercy by the Prosecutor.— Confined Six Months.
GUILTY., Aged 24.—Recommended to mercy.—The prisoner received a good character.— Confined Six Months.
PATRICK STACK (policeman, L 128). On the morning of 3rd April, I was on duty in the London-road—I saw a cab come to the Prince of Wales public-house, with two persons in it—one got out, and he and the cad-man went into the public-house and had something to drink—the other person stopped in the cab and appeared to be asleep—I watched sergeant Harris come up, and we both stood together—I saw the prisoner go to the cab—he looked in—I then saw him put his hand in—he next pulled his arm out, and looked round—he then put his hand in as far as he could—he was on the same side as the man—he then drew back his right-hand, looked at something in it, and put it into his left-hand—I ran up and laid hold of him, and he dropped money in the cab—he said, "What is the matter?"—I said, "You have robbed the man"—he said nothing—the sergeant came up, and I told him to turn his light on and pick up the money the prisoner had dropped in the cab—the prisoner said, "I did not"—we took him to the station—the cab-man drove the man to the station—he there said he had lost a half-sovereign, a crown-piece, a half-crown, and some other silver.
Prisoner. You could not see me drop the money in the cab; you was against the horse's head. Witness, I saw you drop something in the cab the moment I laid hold of you.
SAMUEL HARRIS (police-sergeant, L 6). About two o'clock in the morning of 3rd April, I saw a cab standing at the door of the Prince of Wales—the prisoner came out of the public-house, and looked into the cat-window—he returned to the public-house, and went in at the same door—he then came out at the front door and went to the cab, and pat his right arm in at the window, on the side where the man was asleep—he then took his hand partly out and looked round—he then stood on tiptoe,
reached as far as he could, and brought something out in his right-hand and put it into his left-hand—Stack then took hold of him, and he turned and chucked it into the cab-window—I heard it fall, and picked up a 5s., piece, a half-crown, 1 shilling, and 2d. in copper—Mr. Leach was the only person that was in the cab—the prisoner said he had been riding for an hour in a cab with some man, and went to this cab, as he thought it was the same party that he had been with.
Prisoner. He wanted to put the money into my pocket, and I would not let him. Witness. There was no attempt to put it into his pocket—I had it in my own pocket.
JOSEPH LEACH . I am a waterman. I came from Greenwich that night in a cab with a friend—I had been drinking—I was sensible enough to know what money I had—I had a half-sovereign, a 5s.-piece, a half-crown, and some other money in my pocket—I fell asleep—I know I had my money when I came through New-cross turnpike—I recollect the cab stopping at a public-house in the London-road—my friend got out, but I did not—I do not recollect anything more till they awoke me when the cab drew up at the station—I then missed my money out of my right-hand trowsers pocket—I had never seen the prisoner before—I did not know any of my money.
WILLIAM POCOCK . I am a waterman. I came with the prosecutor in the cab that evening—I was not exactly sober, nor yet drunk—I went into the public-house with the cob man, and left Leach in the cab—he was not asleep then—I saw him change a sovereign at a public-house at Greenwich, about twelve o'clock—I saw him put the money into his pocket—he took out about two shillings afterwards, and spent it on the road—we then came to the Prince of Wales—I went into the public-house and I noticed a man in a flannel jacket—I could not swear it was the prisoner, but when I came out I saw him in custody.
Prisoner's Defence. I went to the public-house; there was a cab outside, and a man asked me to have a ride with him, and I did; I left him about two o'clock; I then went to the Prince of Wales; I saw a cab outside; I went out and saw a man in the cab; I reached my hand out to shake him to awake him; he dropped some money out of his hand, and the policeman said I had dropped it.
GUILTY . * Aged 20.— Transported for Seven Years.
MESSRS. SCRIVEN and PARNELL conducted the Prosecution.
GEORGE GRIFFITH SILVER . I am a baker, of Bowling Green-street, Kennington. The prisoners have been in the habit of coming to my shop every night for a month for a half-quartern loaf—they came separately, and always paid me with a half-crown—on 17th March, I found six bad half-crowns in my cash-box—the prisoners came to my shop after that—Sullivan came first for a half-quartern loaf—she tendered me a bad half-crown—I gave it her back, and told her I had not got change—in about an hour Pugh came for a half-quartern loaf—he tendered a half-crown, my wife took it, and
brought it to me—I saw it was bad—my wife gave it him back, and said she had not got change—I had sent Davis out to watch Sullivan—next day Pugh came in the evening for a half-quartern loaf—he gave me a half-crown—I told him it was bad, and gave him into custody—I then went out to look for Sullivan—I found her about 150 yards off walking slowly towards my shop—I took her in custody—I said, "You have been having a nice game with me lately"—she said, "I dont know what you mean"—I told her she had been passing bad money—she said, "So help me God! I have not a farthing about me"—I gave all the bad half-crowns to the policeman—I had marked the one that Pugh gave me on the 18th—this is it.
Pugh. I went with a half-crown, and you said it was bad, and I threw you down another. Witness. Yes; you did.
Sullivan. On 17th, I went with a half-crown, and you said you had not got change; I said, "I will go and get change;" I gave the same half-crown at the public-house and got change, and came back with it and gave you the money for the loaf. Witness, Yes; you did—you came almost every night, you might miss a night or two—I never heard my wife tell you to bring large money—you once came to my shop, and had four or five half-crowns in your hand.
ROBERT DAVIS . I am in the service of Mr. Silver. On 17th March, I followed Sullivan, when she left the shop she went round the Oval and turned down Clayton-street—at the corner of that street she joined Pugh, and they walked away together—I followed them about 150 yards, and then went back and told my master.
SAMUEL WATTS . I am a bricklayer, I have known Sullivan by sight perfectly well for the last three weeks, round about Clayton-street and William-street, and that neighbourhood—I have seen her alone, and after she has been in shops she has come out and joined a man, but I could not swear it was Pugh—I have seen her join a man at the corner of Clayton-street several times—I saw her go into Mr. Silver's shop on the Monday before she was taken, and that night she joined a man, but I cannot say whether it was Pugh or not.
Sullivan, Q. How came you to watch me? A. By being at work in the neighbourhood, and seeing you so much about.
THOMAS LOCKYER (policeman, L 138). I belong to Kennington-gate station—the prisoners were in custody there on the night of 18th March, in separate cells—there was one cell between them—next morning 19th March, I took them out to clean the cells—and when I went away I heard Sullivan say to Pugh, "Is that you cockey"—Pugh said, "Yes, do not fret"—Sullivan said, "I should not care only they are all one
date"—I did not then know what it was—Pugh said, "Why did not you ding it"—she said, "I could not for the white headed old b—"—she then said, "I wish we had not come out at all last night."
Pugh. The second time I came up to have my hearing I gave you a shilling to get some tea and coffee, and you brought me a bad sixpence; and because I returned it, you have made this conspiracy up against me. Witness. You said it was a bad one, and I took it directly to the gaoler; I did not take it out of your hand, you gave it me.
PUGH— GUILTY . Aged 22.
SULLIVAN— GUILTY . Aged 18.
Confined six Months.
MESSRS. SCRIVEN and PARNELL conducted the Prosecution.
THOMAS GREEN . I am a cheesemonger, of Blackfriars-road. On 25th March the prisoner came to my shop, about three o'clock, for some butter—I served her—she paid with a shilling, which I found was counterfeit—I asked her if she knew it was bad—she said she did not—I asked her who gave it her—she said a gentlemen—I asked where he was—she said she did not know—I said I was afraid she was a smasher—she said she was not, the gentleman had given her the shilling, promising to meet her again—I gave her in charge, marked the shilling, and gave it the officer—this is it—I was examined at the police-court; the prisoner was remanded tail Saturday.
MARY ANN ELIZABETH OUTRIM . I assist in a pastrycook's-shop, in Mount-street, Lambeth. On 25th March, between one and two o'clock, the prisoner came for a tea-cake and a raspberry-tart—she offered a half-crown—I tried it, and found it was bad—it came into three pieces—I afterwards gave them to the officer—these are them—I told the prisoner it was bad—she said she lived servant with Mr. Jones, in the Cut, but did not say where she got it—she ran out of the shop across the Marsh.
Prisoner. I never was in the shop; I don't know where Mount-street is. Witness. I will swear she is the woman—I know her by her voice—she was in the shop about five minutes.
JESSE CANNON (policeman, L 63). I apprehended the prisoner in Lambeth—I told her the charge, and asked her if she knew Mount-street,—she said, "No"—she said she had not lived in service for about three months—I have the half-crown broken in three pieces, which I received from Ontrim.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. SCRIVEN and PARNELL conducted the Prosecution.
WILLIAM BEAZELY . I sell oysters, and other articles; I live in Baalzephon-street, Bermondsey. On 1st March I was keeping a stall on a piece of ground in Long-lane—the prisoner came for a halfpenny worth of
hot eels—be gave me a sixpence, which I put; in, my month, and kept it there while I gave him 5 1/2 d. change—he then walked away in a harried manner, which raised my suspicion—I then put the sixpence into my pocket, where I had only a 4d. piece and a shilling—in a quarter of an hour afterwards the. prisoner came again, and bad a halfpenny worth more eels—he gave me a sixpence—I pat it in my mouth while I served some other customers—the prisoner eat his eels, and walked away in a hurried manner—I walked after him; and directly he saw me, he ran—I hallooed out, "Stop thief!"—a policeman stopped him and brought him to me—I gave him in charge, and gave the sixpences to the officer, and the prisoner gave him the change—I marked them both at the station.
GUILTY . Aged 16.—Recommended to mercy by the Jury.
Confined Three Months.
Before Mr. Recorder.
1025. JOHN BOOTH , forging and uttering a warrant for the payment of 12s., with intent to defraud Thomas Levick: also, embezzling 5l. 5s. 6d.; the moneys of Harriet Scott, his mistress: to which he pleaded
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor.— Confined Three Months.
GEORGE HILTON (policeman, P 281). On Saturday morning, 29th March, I was on duty in Green-lane, Dulwich, about half-past two o'clock—I saw the prisoner coming up the lane towards me—he had with him a large bundle—I got within two yards of him, and turned my light on—I saw his face—I had seen him in custody at Camberwell about four months before—he dropped his bundle and ran away—I followed him into the fields, but he got away, and I lost all sight of him—there is a shed there, but I have not been down to it—it is about a mile from Dulwich—there is no house within a quarter of a mile—I picked up the bundle which contained six fowls, dead, but quite warm—I showed them to Mr. Coombs at the police-court the same day—he claimed them directly.
Prisoner. The shed where I was, is not a stone's throw from where you say you lost sight of me; I am innocent; I was found sleeping in the shed; what is the reason you let me stand outside the station-door six or seven minutes while you went in to the other officers? Witness. He was ordered out on account of the orders being read to the men—there was a constable with him.
MATTHEW FADE (policeman, P 88). In consequence of information from Hilton, about a quarter before seven in the morning, I went down the Green-lane into the shed where the prisoner was lying—it is between Denmark-bill and Red Post-hill, rather better than a quarter of a mile from Denmark-hill, and about five minutes' walk from Dulwich—I looked in the shed, and found the prisoner concealed under the bay—I found these tail-feathers in a corner of the shed, about three yards from him—it is an
enclosed cattle-shed; it did not appear to be used at all as a hen-roost—I asked the prisoner how long he had been there—he said since ten o'clock the night previous—his boots and trowsers were very wet—it was not a wet night, but that is a very dirty place.
WILLIAM COOMBS . I live in Lordship-lane, about half a mile from Dulwich. On Saturday morning, 29th March, I missed seven fowls—the footway comes right opposite my house, across the fields, from the Green-lane, about three-quarters of a mile off—my fowls were kept in a cow-house close to the house—I saw six dead fowls the same day at the station—I said there was one more missing—I returned home, and found one dead behind a truss of hay—I knew them perfectly well—I had bad some of them more than twelve months—I used to feed them occasionally—I am a licensed victualler—they are always about my premises—I saw them safe the afternoon before—they had not been locked up that sight—these are the heads; they were cut off in my presence.
Prisoner's Defence, I went to look after work; I got up at five o'clock; it was raining, and I went back and laid down till I was taken; I never saw the fowls till I was brought to the station.
GUILTY . Aged 21.— Confined Six Months.
Before Mr. Baron Martin.
HENRY JOHN HUNT . I am a soap-manufacturer. On 28th Feb., this order was brought to me by a carman—I declined to act upon it, bat I directed the carman to come on the following morning—he came about eight o'clock, and I caused three empty boxes to be put into his cart, and sent an officer to watch it—I do not sell any goods to Messrs. Knight's—I do not know anything of William Brown, a man of theirs.
ABRAHAM BENSWORTH . I do not know the prisoner, but he employed me—I cannot tell on what day it was, but the day before I went out with the goods, he came to my house directly after dinner and gave me this document—he told me to go to Mr. Hunt's and give the paper, and they would deliver the goods to me—I went and gave it to Mr. Hunt—he told me the goods would not be ready for four or five hours—I came away and went to another job, and during my absence the prisoner came again to my house, and left word for me to go for the things next morning—I went for them, and the three cases were put in the cart—I got about 100 yards from the place when I saw the prisoner—he touched me on the shoulder, and asked me whether I had got the goods—I said, "Yes, quite correct"—we were going along in conversation, and he asked me whether I would have anything to drink—I said, "No"—the policeman came and took the prisoner and the goods.
Mr. Hunt, I followed the cart—I saw fie prisoner in conversation with the carman; and he answering the description I had had, I took him, and told him it was on suspicion of attempting to obtain a quantity of soap from Mr. Hunt—he said he knew nothing about it.
WILLIAM HAY . I am a clerk, in the employ of Joseph Knight and another, merchants—the prisoner was formerly a warehouseman in their employ—this order is not a genuine one—there is no person named Brown in their service—I think this order was written by the prisoner, but cannot swear positively—he was discharged in Aug., 1849—he had no authority to write or to issue this order—there is no other house of the name of Knight end Knight at Three Cranes Wharf—(Order read—"Three Cranes Wharf London, Feb. 15th, 1851. Mr. Hunt,—Please to deliver to bearer three chests of mottled soap, about 15 cwt., as per sample for Knight and Knight. William Brown.)
GUILTY of Uttering. Aged 30— Transported for Life.
MR. BRIARLY conducted the Prosecution.
BENJAMIN STANDISH . I live in Acorn-street, Camberwell and "have a few houses—I have a daughter named Caroline—I was present at he marriage to the prisoner on 16th Dec, 1842, at the Church of St. Mary. Newington—I believe this letter (looking at one) is my daughter's writing, but I cannot swear it—she is alive, and is here.
Cross-examined by MR. PARRY. Q. You have no doubt the prisoner is the person who married her? A. No; I knew very little of him before he was married—they lived together about eight months—I never heard when his wife was ordered to return to his house, that she said, she would see him d—d first.
COURT. Q. Did she leave him, or he her? A. He turned her out of doors at ten o'clock at night, about eight months after they were married—I was on the other side of the way and took her in—they did not live happily together.
HUMPHREY BIDDULPH . I am a grocer—I have known the prisoner some years—seven years back he made an appointment to meet me in the Waterloo-road, between the bridge and the Church—I wept there, but I was half an hour or three-quarters of an hour after the time—I went into Waterloo Church, and saw the prisoner and a, woman kneeling at the altar and the clergyman reading—I do not know who the woman was—I was asked to be a witness—a party there said, "I am in a hurry, you may as well sign for me;" and I like a fool did so.
SAMUEL BOOKER (policeman, P 125). I produce these, two registers of marriage—the first wife, Caroline Standish, gave them both into my hands—I have examined them with the registers, and they correspond exactly.
GUILTY — Judgment respited.
Before Mr. Recorder.
of silk; with intent to defraud Charles Goode and others: also, a request for the delivery of 12 yards of satin; with intent to defraud Robert Spencer and others: to which he pleaded
GUILTY .— Confined Six Months.
GUILTY . Aged 29.—Recommended to mercy.— Confined Three Months.
1031. ANN MILLS , stealing 1 book and other articles, value 7s.; 2 5l.-notes, and 3 sovereigns; the property of Henry Charles Lock, her master, in his dwelling-house. MR. PAYNE conducted the Prosecution.
EMILY LOCK . I am the wife of Henry Charles Lock, a stationer, at Lower Tooting. The prisoner was in our service—on 23rd March, on taking down a dish from a shelf in the kitchen, I found behind it two purses—one contained a 5l.-note and a sovereign, and the other eighteen shillings—I told my husband, and he went for a policeman—when the prisoner came in soon after, I told her what I had found, and that I believed the money to be ours—she said she was not surprised I had found it, for she had put it there, and the money did not belong to us, but to her sister—the policeman was there at that time—I went with him to the prisoner's room, and in her box found a book, a locket, and chain—the book was wrapped in some clothes near the bottom of the box—it was mine—the locket and chain belonged to my children—the prisoner had the care of the children at times—she had borrowed 1s. of me on 13th March—she had received 1l. 5s. wages on 17th Feb., and she had spent all but 10s. 6d.—I was with her at the time—she bad no authority to have the book, locket, or chain.
Cross-examined by MR. RIBTON. Q. Was she your only servant? A. Yes; there is a boy in the shop, but he had nothing to do with the house—the prisoner has been nearly three years with us—we had a good written character with her—I did not tell the prisoner how much money I had found, I said, "Money"—the book is worth 18d., and the locket 1s. or 1s. 6d.—it is a gilt chain.
HENRY CHARLES LOCK . I am a stationer in the parish of Tooting-Graveny. On 8th March I missed some Bank-notes and sovereigns from my cash-box—on 23rd March my wife brought me two purses, containing a Bank-note, a sovereign, and 18s.—the note was one that had been in my, cash-box—I had taken the number of it on this paper (produced), which was left in the box—I had received it of my mother—I gave the prisoner in custody—when a customer wanted change I used to go into the parlour for it to my cash-box, and not wishing to detain the customer used to leave the box open till I returned, perhaps ten minutes—the kitchen opens into the parlour, and the prisoner could see when my back was turned.
Cross-examined. Q. How many notes did you lose? A. I had four notes in my box—I have only the number of one here—that was the only one I received from my mother—I received it in Dec.—there is no name on the back of it—I have a boy who cleans out the shop, and looks in occasionally in the day—he then stayed in the shop—either I or my wife always attend to the shop—I received many notes from my mother, and always take the number of them, because she is rather particular—I do
not take the numbers of our notes—I have a book' in which I enter notes occasionally, but I do not always know when I am going to receive them.
MR. PAYNE. Q. Where does your mother live? A. At Chelsea; I received this note there, and took the number before I left there.
JOHN CHANNE (policeman, V 28). On 23rd March, I took the prisoner at Mr. Lock's, and received this 5l-note, I sovereign. 18s. and two purses (produced)—I searched the prisoners box, and found a silver pencil-case, a chain, and a box; and between the blankets, a pair of cuffs and apiece of soap—the prisoner told Mrs. Lock if she would not give her in charge, she would tell her all about it—I told her I should life a note of anything she said, and the said no, more—I was not present When the box was first searched.
EMILY LOCK re-examined. These purses have been mine; I had done with them, and they were lying about the house—I bad given the prisoner one or two pencil-cases, but not this one—these Cuffs are mine—this chain and book are ours—the book was at the bottom of her box wrapped in several things.
MR. RIBTON. Q. Did the prisoner not conduct herself properly while sue lived with you? A. In the first two years; but since then I have been going to part with her, because we missed things.
GUILTY . Aged 21 Confined Three Months.
ADJOURNED TO MONDAY, MAY 12 TH.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of trial, have been sentenced as under:
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