CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
Rolls Chambers, 89, Chancery Lane.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. SEVENTH 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.
NEW COURT.—Monday, May 12th, 1851.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY .* Aged 17.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 18.— Confined Eight Months,
GUILTY . Aged 38.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Four Months.
GUILTY . * Aged 25.— Transported for Seven Years.
RYAN** pleaded GUILTY . Aged 17.— Transported for Seven Years.
JOSEPH HEADINGTON . I am an officer. On 14th April, between four and five o'clock in the afternoon, I was in King William-street—I saw the prisoners together, following two gentlemen—Ryan had a sack round his shoulders, and I saw something red between the sack and his body—I stopped him, asked him what he had got—he said, "Nothing"—I lifted up the sack,
and found this handkerchief—when I stopped him Grant walked sharply away—I searched Grant at the station, and found these other two handkerchiefs in the flap of his trowsers.
JOSEPH HUGGETT (City-policeman, 23). I was with Headington—I saw the two prisoners together, and saw the ends of this handkerchief between Ryan's body and the sack he had over his shoulders—the gentlemen were not more than a yard from the prisoners at that time.
GRANT**— GUILTY . Aged 21.— Transported for Seven Years.
SAMURL CLARK . I am a bricklayer. The prisoner was brought to my house on Saturday, 5th April, as a lodger, by another tradesman—I had two boxes standing one on another, under the window in my bedroom, containing my own wearing apparel, and my wife's—I went to the boxes on Tuesday, and found the hasp broken off one of them, and I missed a waistcoat, and two shawls—I gave him in charge on Tuesday evening—I first saw him in the house on Tuesday evening, between eight and nine o'clock—he was then sitting nearly facing the bedstead that I lie on—he had half a bed there that night—I saw him go to bed on the Tuesday evening—I did not see him again till Wednesday evening—I do not know that the box was safe on the Tuesday evening, between four and five—I found it had been opened on Tuesday evening—we never tried the box—we saw the nails had been pulled out and placed in again—I missed the articles on Tuesday morning—I found the things were gone about three in the afternoon—I saw the box safe between four and five—I was in the hospital on Sunday morning—I came out on Tuesday, and then a lodger's shirt was missing—I cannot say that I saw the box safe myself—Wednesday was the only time I examined the box.
SAMUEL STRAFFORD . I am a sawyer. On Sunday evening, 6th April, between eight and nine o'clock, I saw the prisoner at the Fox and Hounds, at Chelsea—he offered this handkerchief for sale—I bought it of him, and gave it up to the prosecutor.
Prisoner. It was on the 1st April I lodged at his house; I slept in that room, and his wife slept in the same room; this shirt belongs to me.
NOT GUILTY .
(The Jury stated that they could not rely upon the prosecutor's evidence.)
JOHN MEADES PARROTT . I am a farmer; both the prisoners were in my employ. On 1st May, I gave them orders to go on the following day to Harmondsworth with two loads of straw—they were to go with two loads of straw—they were to go with two horses—I allowed them half a truss of hay for each horse—on 2nd May, about three o'clock in the morning, I was called up by the police-sergeant—I went to the station at Stan well, where I found some hay—I saw it weighed—it was 147 lbs. over and above what was allowed for the horses—it was the same sort of hay as mine—Collins had been in my service about half a year, and the boy Haddock, perhaps, two years—this is the first thing I heard against him.
WILLIAM BROWN (policeman, T 172). On 2nd May, about one o'clock in the morning, I saw Haddock in the village of Stanmore, going towards Mr. Parrott'a farm-yard—he had one horse—he went with it to the rick-yard, and brought out two loads of straw on one cart—he took it to the farm-yard gate, and I saw Haddock come out with another horse which he put to the same cart'—he got on the cart, and Collins went into the yard and, brought out three bundles of hay at three different times—he gave it up to. Haddock, who placed it on the cart—they then shut the farm-yard gates and. went off—Collins was on the top, and Haddock drove—I met my sergeant and told him, and we went and stopped the prisoners—we took the hay that was on the top of the cart to the station.
ROBERT HENRY RIGARLSFORD (police-serjeant, T 26). Between two and three o'clock that morning, in consequence of what the last witness said to me, I stopped Mr. Parrott's team—the cart was loaded with two loads of straw—I got on the top and saw Collins coveting himself over—I found four bundles of hay on the top—I took it to the itation, and there was 147lbs. over the weight that his master allowed him to take—some of the hay is here, and Mr. Parrott has seen it.
JURY to MR. PARROTT. Q. Did you give the prisoners instructions as to the quantity they were to take? A. The hay was put on the cart the night before—the two bundles they got for the horses were 351bs. and 381bs., that was 2lbs. over what I allow, but that was the fault of the hay-binder, not theirs—the other three bundles were brought from the yard and put on the cart; I had seen them the day before—the prisoners had no right whatever to go where these bundles were.
COLLINS— GUILTY . Aged 22.—Recommended to mercy by the Jury.— Confined Six Months,
HADDOCK— GUILTY . Aged 15.—Recommended to mercy by the Jury and Prosecutor.— Confined Two Months.
ELIZA FLORY . I am the wife of William Mullins Flory, he lives at Harmondsworth, and keeps a beer-shop. On Thursday, 17th April, the prisoner came there about seven o'clock in the morning—I knew him before—he remained there till between five and six at night—he had gone out in the meantime, between three and four, and was away about half an hour—he came back, and went away between five and six—I went to him at a quarter-past six, and saw him in bed at his mother-in-law's, where he lives—I went to him alone because I had missed my husband's watch from the ledge by the side of the staircase, in the bed-room, by the bed—I had seen it there
about twenty minutes past three in the afternoon, and missed it about a quarter or twenty minutes after five, soon after the prisoner went away the second time—during the afternoon, the prisoner and Maizzilla Hare were in my house, and no one else, from twenty minutes before three till five—I saw Mrs. Hare and the prisoner go up-stairs between three and four; they were gone four or five minutes, or not so much—they came down again—the prisoner followed Mrs. Hare down—this is the watch—Hare lodged at my house—when I saw the prisoner in bed I asked him if he knew anything of my husband's watch, and he said, "No."
Cross-examined by MR. COCKLE. Q. You went out of the house part of that evening? A. Yes; I was gone twenty minutes, or it might be half an hour—I dare say the prisoner's house is half a mile from our's—I have known him for twelve or fourteen years—during the day he had three pints of half-and-half, and four or five pints of stout—he was not very drunk—I have seen him worse, a great deal—I was in the back-house that day, but I waited on the customers in the beer-shop—Mrs. Hare had lodged with me several days—she is married, I believe—I had seen her in the course of that day with the prisoner, larking about often—they had been drinking some time—she ran up-stairs, and he close to her—they went into my bedroom, and were there three or four minutes—they then came down again—this watch was lying on the ledge by the side of the bed—I was in the way when the prisoner went out the first time, a little after three o'clock—he brought in seven eggs—he had one pint after he came back—several men had been in the beer-shop in the course of the morning—I could see in the shop when I was in the back place—Mrs. Hare had been drinking with the prisoner.
MAIZZILLA HARE . I am the wife of Joseph Hare. I was lodging at Mrs. Flory's. I recollect the prisoner coming there that day—when I came down-stairs, between seven and eight o'clock in the morning, he was in the tap-room—I went up-stairs to work in my own room—when I came down once or twice I saw him there—I came down between three and four, and we drank together—he then began in rather an unfair way, and I ran upstairs, to get out of his way—I ran into Mrs. Flory's bedroom, and he ran into the bed-room—I left the room in about a minute, and ran down first, and as I ran I saw the watch—I did not notice it when I ran up—the prisoner came down in about a minute after me—he went out at the backdoor, and came in again at the tap-room door in about a minute—he staid a few minutes, and then he said he thought he should go and have some tea; and before we had done tea the prisoner came back—that might be in about twenty minutes—he brought some eggs—he took them out of his pocket and put them on a plate on the table—Mrs. Flory and I were surprised that he could go that distance in that time.
Cross-examined. Q. How long was he gone? A. Perhaps twenty minutes; I knew the watch was kept in the bedroom before I went there—the prisoner did not come down-stairs with me—I passed him in the room, and I went into the tap-room—Mrs. Flory came in at the back-door at the time the prisoner came down-stairs—he followed me down-stairs, but not directly after me—I ran down as quickly as I could, to get out of his clutches—I had been drinking with him, but not larking or playing—he had been taking liberties with me, and I ran up-stairs—I closed the cellar-door after me—I ran into the bedroom, which I thought was a very improper place for him to come to—there is no door to the bedroom—I believe I am married—I live anywhere that I can get a living—I have lived at Mr. Flory's since
last Michaelmas—it is the sign of the Magpie—it is very near Harmondsworth—some call it Hounslow Heath—the last time I lived with my husband was in Egham parish—I remember Mrs. Flory going out that evening to the prisoner's house, and she came back—after that f went to the prisoner's house with Mr. White and Mr. Flory—when Mr. White went up-stairs Mr. Flory was with me, and when Mr. Flory went up-stairs Mr. White was with me—we returned together to Mr. Flory's—I do not remember any one leaving the house later that evening to go the prisoner's.
GEORGE WHITE (policeman, T 218). About six o'clock in the evening of 17th April I went with Mr. Flory and Hare to the prisoner's house—I found him in bed—Mr. Flory went up-stairs to him, and Mrs. Hare stopped down-stairs with me—she was in my company all the time Mr. Flory was up-stairs—when Mr. Flory came down I went up, and left Hare in company with Mr. Flory—I asked the prisoner if be knew anything about Mr. Flory's watch—he said, no, he did not—I asked if I might search—he said, "Yes"—I searched, but did not find it—when I left we all three left together—I went back afterwards, and searched again—I found the watch in the hen-house, which adjoins the premises where the prisoner lives—the watch was in a little basket, on a rabbit-hutch.
Cross-examined. Q. This hen-house was not part of the premises occupied by the prisoner's mother-in-law? A. Yes; the back-door leads into the yard where the hen-house is—there is a fence round the yard—you can go into the yard from the road if the gate is open—the gate is as high as my head nearly—when I was in the prisoner's house, the prisoner came down with Mr. Flory, and I went up with him to his bedroom—it was then about ten o'clock, I suppose.
WILLIAM MULLINS FLORY . I live at Harmondsworth, and keep a beer-shop. On that Thursday evening I went with Hare and the officer to the prisoner's house—I saw mm in bed—(I left Hare and the police down-stairs)—I asked him if he had seen my watch—he said, no, he had not—when I came down the policeman went up-stairs, and I and Hare remained down-stairs stairs all the time—we all three left, and went to my house—this is my watch.
JURY to ELIZA FLORY. Q. From the time you discovered the loss of the watch in the afternoon to the time that Hare and the policeman went to the prisoner's house, could Hare have gone from your house to the hen-house without your knowledge? A. It was impossible for her to go without my knowledge—I was in and out all the time.
NOT GUILTY .
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 19.— Confined One Month.
GUILTY . Aged 30.— Confined Four Months.
GUILTY . Aged 46.— Confined Two Months.
OLD COURT.—Tuesday, May 13th, 1851.
PRESENT—Mr. Ald. KELLY; Mr. RECORDER; Mr. Ald. HUNTER; and Mr. Ald. LAWRENCE,
Before Mr. Recorder and the Second Jury.
GUILTY . ** Aged 35.— Confined Eight Months.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Tuesday, May 13th, 1851.
PRESENT—Mr. Ald. SIDNEY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 34.— Confined Six Months.
GUILTY . Aged 19.— Confined Six Months .
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
SARAH LITTLE . I live in Orchard-street, Westminster—I keep a general-shop, and sell spectacles. In the afternoon of 14th April the prisoner came for a pair of spectacles—they came to 6d.—he gave me a shilling—I gave him sixpence change, and he left the shop—directly he was gone I found the shilling was bad—I had it in my hand—I showed it to my husband—I went out after the prisoner and met him in the Broadway—I told him to give me my good money and my spectacles back for his bad
shilling—he said it was not bad—he went back to my shop, and I gave him in charge—the spectacles were taken from him at the station.
Prisoner. Q. You state that was the shilling I gave to you? A. Yes; there were other persons there, but not with money—no one else gave me a shilling—you had been in the shop before, but did not give bad money then—these are the spectacles you bought (produced.)
JOSEPH ROBERT PALMER (policeman, B 105). I assisted in examining the prisoner at the station—I saw he had something in his left hand—I took his hand and took three shillings from it, and another officer took one shilling—these are them.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—this shilling which was uttered is bad, and two of these other shillings are from the same mould—the other two are from the same mould—they are all bad.
Prisoner's Defence. I had been drinking; I had no knowledge that they were bad; I work hard for my living.
GUILTY . Aged 42.— Confined Twelve Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
WILLIAM NASH . I am a baker, at Uxbridge. In the evening of 12th April the prisoner came for a loaf—my shopwoman served him, and brought me a bad shilling—it was returned to the prisoner, and he left—I followed him, and saw him go to Mr. Home wood's shop—when he came out I went in and gave information.
SPENCER JAMES HOMEWOOD . I am a baker, at Uxbridge. On 12th April the prisoner came for a half-quartern loaf—he offered me a bad shilling—I put it into the detector and bent it—I told the prisoner it was bad—he said he was not aware of it, and it was a great loss to him; it was all that he had—I kept the shilling, and he went away—Mr. Nash came in, and in consequence of what he said, I sent for a policeman—we went after the prisoner, and overtook him near the Red Lion—I gave the shilling to the officer.
RICHARD ROADNIGHT (police-serjeant, T 11). On 12th April I followed and took the prisoner—I told him it was for passing bad shillings—he said he had not passed any—I took him into the Red Lion and searched him—I found in his fob-pocket three bad shillings, and three bad sixpences—I received this shilling from Mr. Homewood.
JOSEPH TURTON (policeman, T 93). I was at the station when the prisoner was brought in on this charge—he chucked these two pieces of coin in the fire, and I took them out—I think he took them from his month—I said, "What are you throwing there?"—he said, "Only a piece of paper"—I heard it chink, and I went and found these coins in the fire.
WILLIAM WEBSTER . This shilling that was offered is bad, and the three shillings found on him are bad, and from the same mould—these three sixpences are bad, and these two shillings thrown into the fire are bad, and from the same mould, but not the same as the other—they are all bad.
GUILTY . Aged 30.— Confined Twelve Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
CHARLES ASHMAN . I am a tobacconist, and live in Oxford-street. On 3rd April, about nine o'clock in the evening, the prisoner came for half an ounce of tobacco—she gave me a half-crown, and I gave her 2s. 4 1/4 d. change—she left—I was not certain whether the half-crown was good or bad—I put it in a piece of paper, and put it in the till—I looked at it afterwards, and satisfied myself that it was bad—the prisoner came again a little later that evening for half an ounce of tobacco—I recognised her at once—she gave me another half-crown in payment—I perceived it was bad; it was similar to the first one—I held it in my hand and stood at the door, to prevent her going out, while I sent for an officer—she said, "Let me go, I will not come again"—she said, "You don't know it to be bad"—I gave her into custody, and gave the officer the two half-crowns.
Prisoner. I am an unfortunate girl; I did not know they were bad.
GUILTY . Aged 18.— Confined One Year.
MESSRS. ELLIS and CLERK conducted the Prosecution.
HANNAH GREEN . I live in Ernest's-street, Regent's Park. On Monday evening, 17th March, the prisoner came, near nine o'clock, for half an ounce of tobacco and a penny candle—he gave me a half-sovereign, and I gave him change, and he left—I discovered that the half-sovereign was bad, and I ran into the street, and into every public-house, to try to find him, but I could not—I then went down to the station in Little Albany-street and described the prisoner, and put the half-sovereign in a little box, which I have in my pocket, till Lockerby came and took it on the Friday.
Cross-examined by MR. PAYNE. Q. You never saw the prisoner before? A, No; there was no gold in the little box, and I wrapped the half-sovereign in a bit of paper—the prisoner was about five minutes in my shop—I weighed the half-sovereign, and thought it weighed its weight, but when I weighed it again it did not—I did not weigh it in the proper scales.
MARGARET THOMPSON . I am the wife of James Thompson. The prisoner came to my shop, on 19th March, for a packet of groats—it came to 6d.; he offered me a half-sovereign in payment—he then asked me if I was sure the groats were the best—I said, "Yes"—he asked me whose they were—I said, "Robinson's"—he said, "That was not the name I was told to get; I had better go to Mrs. Jones and inquire"—on his saying that, I gave him back the half-sovereign which he had given me—I do not think that was a bad one—he did not go out—he said, "Never mind, you will change them if they are not right"—he then gave me another half-sovereign, I think, and I gave him 9s. 6d. change—I put that second half-sovereign into a work-box—there was no other there—I went to the box again on the Friday—my husband was going to pay it to the agent who came for the rent—he bent the half-sovereign, and said that was not good—I put it in the same box again—I afterwards marked it, and gave it to the policeman.
Cross-examined. Q. Do you mean to say that you never let that half-sovereign go out of your sight? A. I gave it to my husband—I am sure it was the same that my husband had put on the counter—I do not think the gentleman could possibly have put down another—the gentleman is not here.
JEREMIAH LOCKERBY (policeman, S 180). I received this half-sovereign from Mrs. Green. On 23rd March, I saw the prisoner at the station—he took a half-sovereign from his pocket, and some silver—I took up the half-sovereign—the prisoner said, "That is not a shofull"—that is a term applicable to bad money, both gold and silver—I said, "No; this is not a shofull"
Cross-examined. Q. Did not you take up the half-sovereign, and say, "Is this a shofull?" A. No; I was present when be was taken—he said he did not know either of the witnesses.
CHARLES KEMP (policeman, S 81). I took the prisoner into custody on the 23rd, at the Queen's Head—I told him I wanted him for being concerned with a man named Tuck in uttering counterfeit money—he said, "Tuck I don't know such a man"—I took him to the station—I got this half-sovereign from Mrs. Thompson.
Cross-examined. Q. Did you tell him he must come with you as he was charged with uttering a bad half-sovereign? A. Yes; I said he was charged with that offence—he said, "Very well; I will go with you; I never had any bad money in my life."
GUILTY . Aged 21.— Confined One Year.
MESSRS. ELLIS and CLERK conducted the Prosecution.
HENRY ATTWOOD (policeman, F 152). On Monday, 5th May, about two o'clock, I was on duty in Drury-lane—I saw two persons whom I knew—I and another officer watched them—I believe they saw me, and they separated, one went one way and the other the other—I followed one of them into a house—I went up-stairs, and saw the man whom I had followed and another man, come out of the two-pair of stairs front room—I went into that room, and saw Joseph Farrell in bed undressed, and Ellen Farrell was walking about the room with a child in her arms—I saw shillings, and sixpences on the bed—I was going up from the foot of the bed to get the money, and Joseph Farrell kicked me with his feet as I was going up—with his kicking the clothes went off him, and his feet came up to my breast, and Ellen Farrell held me by the back of my hair while Joseph Farre He was swallowing the coins—while he was kicking he took up the coin and swallowed it till it all disappeared—I cannot tell how many handfulls he took up, there were several pieces of coin—I told him to get up and dress himself, for I should take him into custody—when he had dressed himself I pulled up the bedclothes, and one shilling, and one sixpence fell on the floor—I took up the sixpence, and Ellen Farrell picked up the shilling—she gave it to Joseph Farrell, and said, "Here Joe, here Joe," and he took and swallowed it like a pill—when I took up the sixpence, Ellen Farrell said, "Never mind; he has only got the b y tanner"—I said I should take them both to the station—I took Joseph Farrell, and my brother officer took Ellen—after taking them to the station, I returned to the same room with another officer—I searched the room, and found two packets in a tub in the room; there was some dirty linen, and napkins over the packets—one of them contained forty sixpences, and the other twenty shillings.
Cross-examined by MR. PAYNE. Q. How long was it after you took the prisoners that you went back to the room? A. Nearly two hours—I believe it was Ellen Farrell who said, "He has only got a tanner"—I will not be certain which of them—I was rather excited by the treatment I got—the other
officer came up when Ellen Farrell had got hold of me—I do not know that Joseph Farrell had a bad leg—I should say he swallowed from twenty to thirty coins—there was a quantity of them—in my opinion there were from twenty to thirty.
GEORGE DUNHAM (policeman, F 57). I accompanied Attwood to the house—the first thing I saw when I went into the room was Joseph Farrell lying in bed and kicking my brother-officer, and Ellen Farrell had got hold of him by the hair—I saw Joseph Farrell swallow what I believe to be counterfeit coin—I released my brother-officer, which was not an easy job—I saw Ellen Farrell pick up a shilling from the floor—she gave it to Joseph Farrell, and said, "Here, Joe, is another one"—he took and swallowed it—I afterwards went back to the room—I saw my brother-officer find two packages, and I found one package in the same tub of dirty linen, which contained twenty-five shillings.
Cross-examined. Q. Did Joseph Farrell live there? A. I do not know; I do not live at that house—I believe it is usual for women to take rooms.
WILLIAM WEBSTER . This sixpence picked up on the floor is a bad one—this packet of forty sixpences are all bad; nineteen are from one mould, and twenty-one from another—these twenty shillings are, eight from one mould, and eight from another; and these twenty-five shillings are, ten from one mould, and eight from another—the whole of them are counterfeit.
JOSEPH FARRELL— GUILTY . Aged 32.— Confined Eighteen Months.
ELLEN FARRELL— GUILTY . Aged 34.—Recommended to mercy by the Jury.— Confined Six Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
ELIZABETH EASTERBROOK . I live in Winchester-street, St. Pancras. On Saturday, 1st March, the prisoner came to my shop, between ten and eleven o'clock in the evening—he had a quarter of a pound of cheese, which came to 2d.—he offered me a good sovereign—I took it up-stairs to get change, and when I came down the prisoner said he had got threepence—I gave him a halfpenny out of the threepence—I had put the sovereign into a box up-stairs, where I had no other—I brought down the change in a bit of paper—when he said he would pay in coppers, I fetched the sovereign down and gave it him—he then bought half a quartern of flour, and he gave me a had sovereign, not the same that he gave me for the cheese—I put it into the paper that I had brought the change down in, and put it into the drawer, not looking at it—I had no other sovereign in paper in that drawer—I did not find it was bad till between eleven and twelve o'clock, when I was going to bed—I then weighed it, and it was bad—I kept it till 3rd March, when the officer called on me—my husband marked it—he was in the shop when the prisoner came for the cheese and flour.
Cross-examined by MR. PAYNE. Q. I think you were not examined till 15th April? A. I was not; I was ill—my husband was summoned three times before me—I did not see the prisoner for six weeks after—I had persons in my place between the time of my taking the sovereign and my looking at it, but not in my parlour—I had not taken any other sovereign that day—I had no doubt about the prisoner when I saw him again; I said
he was the man—I had seen him about a fortnight after Christmass, and when he came for the cheese he had a jug in his hand of the same pattern as the one he had when he came soon after Christmas—he told me then that he had a brother living down the street.
THOMAS EASTERBROOK . I have a shop at 6, Winchester-street. On 1st March the prisoner came for a quarter of a pound of cheese—he threw a sovereign on the counter, which sounded like a good one—my wife went up-stairs after change, and just as she came to the bottom of the stairs he said, "I need not trouble you, mistress, for change; I have got halfpence enough to pay for it"—he gave threepence, and my wife gave him a halfpenny—he then said he would much rather have the sovereign than the change—my wife went up for the sovereign—he took it, and put it into his pocket—he then turned round, and saw the flour on the shelf—he said, "Now I want half a quartern of flour,"and he took out what she thought was the same sovereign again, and laid it down gently, and said, "Now you must give me change for this"—my wife took the sovereign, and put it into a paper on the counter, and carried it in-doors—she gave me the sovereign again between twelve and one o'clock—I saw her take it from the place where she put it—I marked it afterwards, and gave it to the policeman.
Cross-examined. Q. You were not always so positive about the prisoner being the person; the first time you went you would not swear to him? A. No; the second time, when his bat was put on, I said he was the man—it made a difference in him—I bad more knowledge of him then.
MARY ANN AGG . I am the wife of Thomas Agg, a fishmonger, in Somer's-town. On 7th March the prisoner came for 3d.-worth of fish—he gave me a half-sovereign, and I gave him change—he did not remain long—there was some dispute about the half-sovereign—I thought it was bad; my husband thought it was good; a man in the shop said it was good—I then gave change, and the prisoner went away—I put the half-sovereign in the parlour, where I took the silver from; there was no other gold there—I had a suspicion that it was not good; and after we were free from customers, I went and brought it out, and tried it with my teeth—I found it was bad—my husband put it in his pocket—he gave it me in the morning—I put it in a box, and in a day or two afterwards gave it to the officer, after marking it—the box was in my bed-room—no person had the means of changing the half-sovereign.
Cross-examined. Q. What box was it you put it in? A. A cotton-box—there were trifling things in it, but no money—the man who took the half-sovereign up gave it back to me—I am positive he did not change it.
THOMAS AGG . The prisoner came to my shop on 7th March—my wife served him—he put down a half-sovereign; I thought it was good; somebody else thought it was good, and he got his change—in about half an bour afterwards the half-sovereign was brought to me by my wife—I then tried it and bent it very easily between my teeth—I put it in my waistcoat-pocket, and the next morning I gave it to my wife, who I believe put it in a box on the mantelpiece.
Cross-examined. Q. Did you not put it afterwards in the children's play-box; and when the officer came, send your wife for it? A. I will not be positive whether I put it in the box, or whether my wife took it and put it in—it was not marked till it was given to the officer, only by the mark that I put on it with my teeth before I put it in my waistcoat-pocket.
GUILTY . Aged 22.— Confined Six Months.
MR. CLERK conducted the Prosecution.
SARAH SMITH . I live at Islington. On 11th March the prisoner came for a pint of nuts, and six oranges—they came to 10d.—he gave me a half-sovereign—I examined it, and found I could bend it—I called a policeman, and gave him in charge—I gave the half-sovereign to the policeman.
SARAH HOCKHAM . I keep a shop at Notting-hill. In the evening of 22nd March the prisoner came to my shop—before he came in there had been anolher person in the shop who had bought an ounce of tobacco—he gave me a half-sovereign, and I gave him change, two shillings, fourteen sixpences, and 2d. in copper—he passed the prisoner at the door—the prisoner bought half an ounce of tea, which came to 1 1/2 d.—he gave me twopence, and went out—I was going to give him a halfpenny, but he was gone—I had laid the half-sovereign that the other person gave me on the edge of the counter—I afterwards put it in my pocket—I had no other piece of gold there—soon after the prisoner was gone, a neighbour, named Beaseley, came in, and I showed it him—I gave it the same evening to the officer.
Prisoner. Q. How long was I in your shop? A. I suppose ten minutes.
CHARLES BEASELEY . I live near Mrs. Hockham. On that day I saw the prisoner walk up and down before her shop—there were several persons in the shop—I saw a person come out, and the prisoner go in—I went to the door, and the prisoner came out, and he and the other man walked away close together—I went in, and Mrs. Hockham showed me the half-sovereign—I followed the prisoner, and saw him in company with the other man—I met a policeman and gave information—the other man who is now at the bar is the man who was with the prisoner.
THOMAS GOODCHILD (policeman, D 238). On 22nd March I received information from Mr. Beaseley—I followed the prisoner and the other man, and took them—I found on the prisoner four shillings, fourteen sixpences, and some copper, half an ounce of tea, and a penny loaf—I found one penny on the other man—I received this half-sovereign from Mrs. Hockham.
Prisoner's Defence. I get my living by selling things in the street; I met this man, and he asked me to take a walk with him; I did, and we went up the Stingo way, but as to going in the shop to pass bad money I did not; I think it is very likely this man might have given the woman this bad half-sovereign.
GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
about ten o'clock at night, the prisoner and another person came to my house—they called for a pint of half-and-half—I served them—the prisoner tendered me a sovereign for it—I said I could not change it, for I had converted all my silver into gold—he said, "Give me two half-sovereigns," which I did—I can swear that they were good—the other man said, "What is the use of that? I have some halfpence; I can pay for it"—he did pay for it, and then the prisoner returned me two half-sovereigns, and took up his sovereign—he had a cigar and went away—I put the two half-sovereigns in my left-hand trowsers pocket—I had two sovereigns there, but no other half-sovereign—I had no other half-sovereign in the house at all—about eleven o'clock that night I saw the prisoner being taken into custody, and I then looked at the half-sovereigns, and found one of them was bad—I can take my oath it was not one of the half-sovereigns which I had given him—I kept it by itself, and gave it to the officer the same evening.
Cross-examined by MR. PAYNK. Q. What sort of a looking man was the man who came with the prisoner? A. He looked like a labouring man, tidily cleaned after doing his Saturday night's work—I had never seen the prisoner, nor the other man before.
BERNARDO DEMETRIUS . I am a cigar-dealer, and live in Camden-town. On 19th April, the prisoner came to my shop with another man who had a cap on—I did not take particular notice of the man—the prisoner asked for half an ounce of tobacco—he put down 1 1/2 d.—I told him it was a farthing more—he said, "Well, you must give me change for a sovereign"—he put down a good sovereign—the other man said, "Don't change; I have got some coppers"—he then took the sovereign up—he then said, "Never mind, give me change," and he gave me a bad sovereign—it was much lighter than the other—the one he gave me first was a good one, I am certain—when he gave me the other I went round the counter, and the prisoner and the other man ran off different ways—I ran and took the prisoner—I had the sovereign in my hand all the time—the prisoner wanted to snatch it from me, and the policeman caught hold of his arm.
Cross-examined. Q. What did the other man do in the shop? A. He only said, "Don't change"—I did not take notice of him—he had a cap on—I am quite sure he did not do anything with the sovereign—it was the prisoner gave me the sovereign—I think the last was not the same by the feel—I did not observe of what reign it was.
CHARLES CLOUGH (policeman, S 290). I heard an alarm, and pursued the prisoner—he was running away, and two or three behind him, calling "Stop thief!"—I caught him, and took him back to the shop of the last witness—he snatched at the sovereign and wanted to take it away—I took him to the station—he was very unruly all the way.
Cross-examined. Q. You laid hold of his wrist and twisted him about? A. No—I have been in the army—Haywood did not get the prisoner before me—the prisoner did not say, "Let me look at the sovereign"—he held out his hand to get it, and I got hold of his wrist.
EPHRAIM HAYWOOD (policeman, S 330). I assisted in taking the prisoner back to the shop—the witness produced a sovereign—the prisoner tried to get possession of it—I prevented him—in going to the station he was very violent, and threw away money—I pointed to an officer where he had thrown some—I received this half-sovereign from Mr. Bent, and this sovereign from Mr. Demetrius—I afterwards received a half-sovereign from Spray—I told him to mark it, ami I returned it to him again.
and I looked there between two and three o'clock in the morning, and found this half-sovereign—I showed it to Hay wood, and he told me to mark it.
GUILTY . Aged 22.— Confined Twelve Months.
JAMES LONGSTREETH . I did keep an eating-house, but I am now head cook at an hotel. On 23rd April, I was in Poland-street in the afternoon—I saw the prisoners—I had known Sullivan before—I saw them go into the King's Arms, in Poland-street—I went in after them, and told the landlady that I thought they had got bad money—I then followed the prisoners to the Horse and Groom, in Oxford-street—after they came out I went in, and spoke to the landlord—the prisoners afterwards went into the Fox and Hounds—I told the policeman they were there—I went in with him, and the prisoners were taken.
JAMES COSGRAVE . I am landlord of the Horse and Groom. On 23rd April, the prisoners came into my house together—Sullivan pretended to be drunk, and Barnes pretended to be working at the next door—he called for sixpenny-worth of brandy-and-water, and Sullivan for a pint of porter—Barnes tendered me a half-sovereign—I gave him three half-crowns, one shilling, one sixpence, and a 4d.-piece—they went out, and immediately after Mr. Longstreeth came in—I examined the half-sovereign, found it was bad, and placed it in a glass in the bar—I afterwards heard that the prisoners were in custody—I took the half sovereign to the station, marked it, and gave it to the policeman.
HARRIET EDMONDS . I am barmaid to Mr. Rhoads, of the Fox and Hounds, Tottenham-court-road. I saw the prisoners on 23rd April, between five and six o'clock in the evening—Barnes called for a quartern of gin—he gave me a half-crown—I put it into the drawer—it was the only ont there—I gave him 2s. 2 1/2 d. change—they drank some of the gin—they were perhaps a minute in the house—when they went out the policeman and Mr. Longstreeth came in—in consequence of what they said Mr. Rhoads took the half-crown from the drawer, marked it, and gave it to the policeman—it was the same.
Robert Adams' deposition was here read. "I am a police-constable, No. 109, E—from information on 23rd April I waited outside the Fox and Hounds—I saw the prisoners come out—I entered immediately and spoke to Mr. Rhoads—he took a half-crown from the till and marked it in my presence—I went out and took the prisoners in New Oxford-street—they said, 'What do you take us for? we have done nothing'—I took them to the station—I received this half-sovereign from Mr. Cosgrave—I found on Barnes one half-penny, and on Sullivan I sovereign, seven shillings, and 5 1/2 d"
Sullivan's Defence. I met this man in the street; the money found on me
was what I had pawned things for; I produced the duplicates, and asked the gentleman to let my wife have some of the money, which be did.
Barnes' Defence. I bad no money but a halfpenny on me; the policeman took me into custody directly we came out; what could I have done with the money?
SULLIVAN— GUILTY . Aged 25.
BARNES— GUILTY . Aged 32.
Confined Twelve Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
HENRY EDWARDS . I am landlord of the Crown. On 10th April the prisoner came to my house, about half-past eleven o'clock in the morning—he had a pint of beer and 1d.-worth of tobacco—he did not pay then, but about five minutes before two, Hatteraley, my servant, brought me a shilling—I showed it to my wife, tent for an officer, and gave the prisoner in charge for tendering a bad shilling—the prisoner said, going to the station, he had more bad money about him, and if I would go to his sister's she had tome pension-papers of service, and he would pay me for the bad money, if I would let him go—he said he was under-ostler in a stable—he offered me 1l. if I would let him go—I marked the shilling and gave it to the inspector.
THOMAS GODDARD (policeman, C 329). I took the prisoner, searched him at the station, and found on him two half-crowns and one shilling, all bad—Mr. Edwards put down the shilling that he had taken—I marked it—this is it
Prisoner's Defence. Some females gave me this money out of a sovereign I had left with them; my observation on going along was that I expected the other money was bad.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy by the Jury.— Confined Six Months.
OLD COURT.—Wednesday, May 14th, 1851.
PRESENT—The LORD MAYOR; Mr. Baron ALDIERSON; Mr. Justice TALFOURD; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CHALLIS; Mr. Ald. FINNIS and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Third Jury.
1066. THOMAS HOWELL , feloniously forging and uttering 2 warrants for the payment of money, with intent to defraud the Guardians of the Poor of the Strand Union; also, unlawfully obtaining money of Harriet Perkins, by false pretences; to which he pleaded
GUILTY . Aged 55.— Confined Twelve Months.
GUILTY . Aged 24.— Confined Nine Months.
1068. JOHN NEWMAN and CHARLES SIDNEY , burglary in the dwelling-house of Henry Barker, and stealing 7lbs. weight of cigars, and other articles, his goods; Sidney having been before convicted; to which
NEWMAN pleaded GUILTY . Aged 19.
SIDNEY pleaded GUILTY . Aged 18.
Transported for Seven Years.
1069. JOHN JAMES POCOCK , breaking and entering a building within the curtilage of the dwelling-house of William Forbes Stewart, and stealing 3 sheets and I napkin, value 3l., his property; to which he pleaded
GUILTY . Aged 17.— Confined Six Months, and Whipped.
GUILTY . Aged 21.— Transported for Seven Years.
1071. In the case of SAMUEL HILL , convicted Feb. 7th (See Fourth Session, page 624), in which judgment was reserved, Mr. BARON ALDERSON delivered judgment as follows "You were convicted of felony at a former Session of this Court, when a point was reserved for the opinion of the Court of Criminal Appeal, which was, whether one of the witnesses who was examined against you, and upon whose testimony, no doubt, the jury relied, was a competent witness. He was one of the unhappy patients in the Lunatic Asylum, in which you were a keeper, and it was suggested that a person in that condition was an incompetent witness. The Court, however, after taking the matter into their serious consideration, were very clearly of opinion that it was not a question which went to the competency, but to the credibility, of the witness, and that if the witness was in a fit state at the moment to give his evidence in. an apparently correct and proper manner, his evidence was to be considered by the jury, who alone were to pronounce whether they thought it a safe thing to act upon his testimony. The jury upon that occasion did think it was perfectly safe (and I believe the Court were of that opinion) to act upon his testimony as to what he saw with his own eyes, and they convicted you of the manslaughter with which you were charged.—Sentence, One Year, to commence from conviction."
Before Mr. Baron Alderson.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES WEARE . I am a coach-plater. In April last I resided at a lodging-house in Charles-street, Drury-lane—the prisoner also lodged there—I have an acquaintance in the country, named George Lucas—I received this letter (produced) from him on Monday, 14th April; and in consequence of that, I told my landlady, in the prisoner's presence, that I expected to receive a letter in the morning, and it would contain a Post-office order for half-a-sovereign; and I asked her to keep it for me till I came home—I went out at ten o'clock next morning, and returned at ten at night—I inquired about the letter, and was told something about it—the prisoner was not there then—I endeavoured to find him, but did not succeed—he came home between eleven and twelve that night, very tipsy—I got a policeman, and then asked him if he had received a letter for me; he said he had not—I asked him again, and he said, "No"—I gave him into custody—he was searched, and this letter (produced) was found in his inside-pocket—it has reference to an article which I was employed to place in the Crystal Palace—I did not receive any money-order from Lucas—the name of "James Weir" to this
order is not my writing, nor was it written by my authority; it is altogether a forgery.
GEORGE LUCAS . I have a shop in Kennedy-street, Manchester. I had a brass plate, which I employed Weir to bang up in the Crystal Palace—on 13th April I sent him this letter, intimating that I should send a moneyorder next day—this other letter is the one in which I inclosed the order on the 14th—I remitted the order in the name of James Scott—I posted that letter that day, addressed to Weir—I got the order at the Post-office at Manchester; it was for 15s.
JOHN M'CHRRIE . I am a clerk, in the Post-office at Manchester. This order was issued from there to the party requiring to forward the money—I sent an advice to the Receiving-house at Bloomsbury, where the order was payable—this is it.
CHARLES WYATT MURRAY . I am shopman to Mr. Palmer, of Broad-street, Bloomsbury. He keeps a receiving-house—we pay money-orders—this letter of advice arrived at the office in due course—it would authorize me in paying 15s. to James Weir—on 15th April, about eleven o'clock, a person applied for payment of that 15s.—he signed the name of Davis, and I refused to pay him—he went away, taking the order with him, and in about three-quarters of an hour returned with the prisoner—the prisoner then presented the order—I asked him the name of the party that sent him the money; he said, "Scott"—he then signed the order, "James Weir, 30, Drury-lane, Charles-street," and the 15s. was given him—some inquiry was soon after made, and I gave a description of the persons to the police.
Prisoner. Q. When I produced the order to you, did you not say it was not payable to me? A. I said so to the first man that came—you were not the first man, you are the second man, I am sure of that, and that you signed the name of James Weir—I paid you the money, and saw you take it—you stated your name to be James Weir.
WILLIAM FRAPWELL . I am in the employ of the keeper of the Receiving-house at Bloomsbury. I was there on the morning of the 15th, when two persons came together—the prisoner is one of them—I did not see the first man that came—the prisoner signed the order, and received the money—I handed him the pen, with which he wrote the signature—I am sure he is the man that received the money.
Prisoner. Q. You saw me sign the name of William Davis? A. No, I did not see the first man sign; I did not see the order after you signed it, but I saw you write it in the presence of another man—I did not notice your receiving the money—you brought the order over to the other side to receive it.
BRIDGET M'DONALD . I lodged at 30, Charles-street, Drury-lane. On the morning of 15th April there was a knock at the door—I got up to open it, and the prisoner opened it before me, and the postman said, "Is there a man here of the name of James Weir?"—the prisoner and I both answered, "Yes," and the postman handed a letter to the prisoner—I said, "Thank God the poor fellow's money is come at last"—he turned the letter over, looked at it, and put it into his pocket—he then went up-stairs, and in about five minutes went out—I did not see him again till twelve at night, when he was with the policeman and Weir—I said to him, "You had better give the man his money or his letter, before you get into trouble," and he said, "Don't say anything more about it"—he was given into custody—Weir said, "I won't have anything to do with you if you will give me my money or my letter."
Prisoner. Q. Is M'Donald your name? A, Yes; it is no odds to you what the name of the man is that I am living with now.
WILLIAM JACKSON (policeman, F 78). On the night of 15th April I went with Weir to 30, Charles-street—we saw the prisoner there, and Weir asked him whether he had received a letter in the morning—he said, "No," and I took him into custody—on going out of the house I saw the prisoner endeavouring to put his hand into his left breast-pocket—I pulled it away, put my hand in, and brought out this letter from George Lucas, of Manchester—I was about to ask him a question, and he said, "Mind what you are about, because I know your duty as well as you do, for I have been a police-constable myself"—I have ascertained that he has not been in the police—(the order was here read).
Prisoner's Defence. I am not the man that signed "James Weir," I only signed "William Davies."
GUILTY . * Aged 47.— Transported for Seven Years.
Before Mr. Justice Talfourd.
1073. WILLIAM WALLACE WHYTE , forging and uttering an acceptance to a bill of exchange for 20l., with intent to defraud Joseph Frederick Wiffin:—other COUNTS, with intent to defraud Samuel Baker Morris.
MR. ROBINSON conducted the Prosecution.
SAMUEL BAKER MORRIS . I am a warehouseman, at 59, Aldermanbury. On 16th Oct., 1850, the prisoner opened an account with me for lace goods—the arrangement between us was that it was to be balanced every week—that continued so till 25th Nov., about which time his wife made an application to me to make it a monthly account—I saw the prisoner afterwards, and the statement his wife had made was communicated to him—I told the wife that before opening the monthly account we should wish to know something of who the partners were, and the answer was that they were Joseph Frederick Wiffin, who lived at Brentwood, and William Wallace Whyte—the account was opened, and I believe the two first months were paid—about Feb. last about 39l. was due—I made several applications for payment, and several excuses were made, and appointments made to pay money—on one occasion the prisoner came and wished me to draw on him—I refused to do so, and the account went on for another month—I ultimately drew this bill on him for 20l. (produced), and he wrote the acceptance, "J. F. Wiffin and Co.," on it—in my presence—frequently when I have pressed for money he has stated I had no occasion to be afraid; that Wiffin, his brother-in-law, was a highly respectable man in the country.
Cross-examined by MR. PARRY. Q. How long have you known Mr. Whyte as trading under the name of Wiffin and Co.? A. Since I commenced doing business with him, last Oct.—in the first onset we were not exactly aware but their name was Wiffin, until it was corrected by Mr. and Mrs. Whyte—they carried on a millinery business—they had goods from me, and I from them—I believe I obtained credit from them first, and they had goods from me the same day—I have traded in the name of Morris and Co. seven-teen years, but have no partner—Mr. and Mrs. Whyte have paid me 50l. or 60l. up to the time of drawing this bill—they may have paid me nearly 100l.; I cannot speak positively—I know they have traded with other people in the same name—I know that they have had goods, and in some instances have not paid for them—I know of one person to whom they owe 70l.—I believe they had workpeople, and had a small shop in Goswell-street—their trade generally was wholesale—they supplied wholesale houses—Whyte first mentioned Wiffin's name when the monthly account was opened—I believe
Mrs. Whyte works at the business herself—I have been in the shop many times—they have not had any goods since this bill was drawn—I have seen their bill-heads—they are in the name of Wiffin and Co.—Mrs. Whyte was more frequently at my place than her husband—I did not make any inquiries about Wiffin till the bill was dishonoured; that was 9th April, a Thursday or Friday—about a week afterwards the prisoner offered me 10l. down to set Mrs. Whyte at liberty, who was then in custody—the policeman took her before I was aware of it—I did not order it—she was charged at the station with obtaining goods by false pretences, but that has not been prosecuted, because we got the man—she was taken on a Sunday night, and set at liberty on the Monday morning—I should presume that she acted under the authority and direction of her husband—I did not give her into custody to get the payment of the bill—I did not make an offer after that to receive the money—I did not say if the money was brought to me by eight o'clock on the Monday morning I would not give the prisoner into custody, or anything of the sort—I did not say if the money was brought on the Monday morning the affair might be settled—in the different applications I made, I told Mrs. Whyte that I was quite sure Mr. Whyte would get himself into trouble—that was after I had made inquiries at Brentwood—I did not say anything to Mrs. Whyte about the settlement of the bill—I saw her two or three times after it was due, and after I had inquired at Brentwood—she did not come to me for the purpose of settling in some way—I presume she knew the bill was dishonoured—she did not tell roe that her husband did not mean to defraud me, and that the bill would be paid—I did not give her into custody, because I had not taken any legal advice on it—I went to her two or three times to inquire for Mr. Whyte—I do not think I took the bill with me—I said nothing on those occasions about the settlement of the bill—I conversed with Mrs. Whyte—on the last occasion she told me Mr. Whyte was gone down to Brentwood—I am not aware that he is in the last stage of consumption—he is ill—I did not on one occasion that I went to Mrs. Whyte say, that unless the bill was paid I would sue Wiffin—I once said that I should indict Wiffin for conspiracy—of course, I asked for the 39l. that was due—I asked for it many times—we applied, I think, after the bill was due—I did not say that unless the whole of the account was paid I would indict Wiffin, and her, and her husband, for conspiracy—I did not say anything about the whole account—at the time I said I would indict them for conspiracy, I should say I applied for the 39l. odd—I had been to Brentwood. and discovered that her brother, Mr. Wiffin, had a shop there, and seemed to be doing well—I did not tell her that I had found out her brother could pay, and should pay—I said I had found out her brother could pay—I discovered the forgery three or four days after the bill was due, when t went to Brentwood—that was Wednesday, I think, and Mrs. Whyte was given into custody on the Sunday evening—I did not give her into custody at once, because I wished to take advice first—I had no intention of giving her into custody—I believe she was taken on account of helping her husband off—I wasnot with the policeman when he took her—I had not given directions to take her—I made the charge against her of false pretences—on the Saturday before she was taken I saw her, and she stated that Mr. Whyte was gone down to Brentwood for the purpose of making some arrangement—I told her I did not believe he had gone—I had before that, on one occasion, stated that her brother must pay, or I would indict him and her husband for conspiracy—she had stated that her husband's health was not good.
MR. ROBINSON. Q. You went to Brentwood on the Wednesday, and
ascertained that the representations were false? A. Yes; between that and the Sunday I endeavoured two or three times to see the prisoner, and on the Sunday I directed that he should be taken—my son charged Mrs. Whyte at the station with obtaining goods by false pretences—she was discharged next day at my request—I knew nothing of the Whytes except from their own representation—I became acquainted with them by their coming to me—I do not recollect seeing any name over their door.
SAMUEL BAKER MORRIS, JUN. , (examined by MR. PARRY.) Q. Did not you agree with Mrs. Whyte on the Saturday, that if she paid all the money she could on the Monday morning, her husband would not be taken into custody? A. No; nothing of the kind passed—I saw her on the Saturday, but did not have any conversation with her about the payment of the bill—I went to see Mr. Whyte by my father's direction, to give him in custody—I had not the bill with me, or a policeman—I did not say, "Mrs. Whyte, if you will get together all the money you can, and bring it us by eight o'clock on Monday morning, your husband will not be given in custody"—I did not make any representation of that sort—I did not say that I did not want to ran up any legal expenses, and did not wish to employ any lawyer—I merely asked to see Mr. Whyte, and she told me he was out—I asked when he would be in, and she said it was uncertain—I had been three or four times before, after the bill was due—I never said I had found out her brother was a respectable man, and my father would indict him if the account was not settled—I never said anything about the brother being a respectable man.
MR. ROBINSON. Q. Is there any pretence for saying that you went there to settle the account? A. Not on the Saturday—I had been before about that.
COURT. Q. After your father had been to Brentwood, did you press for payment of the money? A. I went three or four times—I cannot say whether I did on the second time I went—I did not on the last—I saw the prisoner on the first occasion, when I traced him from the City to his house on purpose to find out where he lived—that was the only time I saw him—I then went and knocked, and spoke to him—he had left his shop clandestinely, and we did not know where he lived.
JOSEPH FREDERICK WIFFIN . I am a plumber and glazier, and reside at Brentwood—the prisoner is married to my sister—I was never in partnership with him—he had no authority to accept any bill for me in my name, or otherwise—I did not know of his carrying on business in the name of Wiffin and Co.—the postmark of this letter (produced) is 1849—it refers to 50l., for which I was answerable to a loan society for him shortly after he married my sister—I have had to pay a small portion of that—I was on good terms with him—I have never seen any of his bill-heads—I have a brother named George, who resides, I believe, in Middlesex-street, Somer's-town—he was in business with the prisoner—I have been at the prisoner's place of business twice in the last six months—there might have been a name over the door, but I did not notice—no communication has been made to me by the prisoner since this transaction—his wife came to my house last Tuesday week.
Cross-examined. Q. Is the prisoner a Scotchman? A. He always told me so, and that was his introduction to my family—he had no friends in London—I have only been to his house twice—I do not believe that he was under the impression that he might trade in my name; he never asked me to allow him to use my name—his wife took the most active part in the business—we have not visited for the last fifteen months—my brother George lived with them—about last February my sister showed me a bill headed
"G. Wiffin," and told me my brother had been getting it printed—I did not at the time say, "Lucy, I do not wish the name Brent wood to appear"—she told me she and her brother had had a few words, and he had even had bill-heads printed with his own name—that is the only circumstance that has come to my knowledge of their trading in the name of Wiffin—he never had any authority from me to use that name—I cannot say whether he might have been deceived into that belief by any circumstances—I am not aware of any—my mother was once up in town for a week—she did not stay all that time with the prisoner—she staid two days with three relations—I dare say my brother George was there four months—Mr. Morris sent a letter to me, and told me he should hold me responsible for the debt, and threatened to sue me on it—he did not threaten to indict me for a conspiracy—the first I heard of this matter was Mr. Morris coming to my house—it is my firm belief that when the prisoner gave this bill, he intended to pay it—I never saw anything wrong in the prisoner—whatever business he was carrying on, I believe he was doing it to support himself and wife—his wife has not been to Brentwood for fitteen months, until the other day—I only paid 1l. on account of the Loan Society.
MR. ROBINSON. Q. When did Mr. Morris threaten to sue you? A. The letter came down on Friday week, I believe, and he had been on the Wednesday—I never saw the bill till I saw it at Guildhall; I never received any communication from the prisoner about it.
SAMUEL BAKER MORRIS re-examined. The prisoner came to me on the Monday morning, and some conversation took place about his wife being in custody—I told him that he had given us the slip, or something of that sort, the night before, but we should take care of him now—he said be thought it was an officer to take him to White-cross-street, and he did not want to go there.
MR. PARRY. Q. Have you not seen bill-beads in the name of "J. F. Wiffin and Co."? A. Yes; before this bill was accepted—the monthly account was opened on 25th Nov., in the name of Joseph Frederick Wiffin; and William Wallace Whyte.
MR. PARRY submitted that this evidence would not support the charge; the prisoner had for some period prior to accepting the bill, carried on a lawful business in the name of "J. F. Wiffin and Co.," and had not assumed that name for any purpose connected with the alleged forgery; and that in putting the words, "and Co.," he might be considered as signing his own name, which would at all events make the acceptance not wholly a forgery. (Cases referred to; Rex v. Bontein, Russell and Ryan, 260; and Rex v, Inhabitants of Burton-upon-Trent, 3, Maule and Selwyn.)
MR. ROBINSON contended that it was a question for the Jury, whether the name of "J. F. Wiffin and Co." was not adopted for purposes of fraud,
MR. JUSTICE TALFOURD thought that would scarcely be sufficient, unless the Jury were satisfied that he assumed the name with the specific object of putting off bills in that name, and that this was one of those bills; the carrying on business in that name might be for the purpose of creating a false impression with a view to obtaining credit; that would perhaps support a charge of false pretences, but not one of forgery.
MR. ROBINSON, adopting that view, still urged that it was a question of intention, for the Jury, whether he had not originally assumed the name with a view of eventually drawing bills, and so supporting a false credit, citing Shepherd's case, 2 East's Pleas of the Crown.
MR. JUSTICE TALFOURD left the case to the Jury upon these two questions; first, whether the prisoner when he accepted the bill had reasonable grounds for believing that he had any authority to do so; and, secondly, whether he assumed the name of "J. F. Wiffin and Co." with a view to defraud the parties with whom he dealt, by issuing false Bills of Exchange, of which this was one. It would not be enough that he assumed the name for purposes of fraud merely, but they must find that he contemplated the acceptance of bills; this among others. In his opinion there was no evidence upon which they could safely come to the conclusion that the original use of the name was with a view of doing the particular act charged.
NOT GUILTY .
Before Mr. Baron Alderson.
GUILTY . Aged 34.— Transported for Ten Years.
MR. COOPER conducted the Prosecution.
CHARLES BULLOCK . I am clerk to John Simmonds, trading under the firm of Richard Simmonds and Son, wine-merchants, of Ingram-court, Fen-church-street. At the end of March the prisoner came to the counting—house, and asked to see Mr. Simmonds—I said Mr. Simmonds was out; I asked him his name, he said, "Read"—I asked whether it was Read and Sadler, of Bristol; he said "No, Read and Co., of Bath—we have had transactions with them, and at that time 8l. 16s. 6d. was due for Madeira—the prisoner came again, and Mr. Simmonds was out; he came again and tasted some champagne—he afterwards came, and saw Mr. Simmonds—I afterwards drew this bill and sent it to 28, Bloomsbury-street, by the prisoner's order (produced)—it was directed to Messrs. Read and Co., wine-merchants, Bath—the bill was afterwards sent back enclosed in this note.
Cross-examined by MR. PARRY. Q. Did you get the bill back again from the prisoner? A. He returned it in a note—I did not know the prisoner before—I have seen some one very like him—that has not raised any doubt in my mind as to his being the person—I saw him four or five times—I am satisfied the prisoner is the man who came to me—I do not know of the prisoner being connected with the firm of Read and Co.
JOHN SIMMONDS . I am a wine-merchant, in Ingram-court, Fenchurch-street, and trade under the name of Richard Simmonds and Son. On 2nd April the prisoner came to my counting-house, and purchased twelve dozen of Montebello champagne, it came to 26l. 8s.—I had never seen him before—we had dealings with Read and Co., of Bath, and I had seen Mr. Thomas Read, of Bath, whom the prisoner exactly resembles—I shook hands with the prisoner under the impression that it was Thomas Read—before that, the sum of 8s. 15s. 6d. was due to me from Read and Co., and after this wine was sold—I received a bill accepted for these two amounts.
Cross-examined. Q. The wine was delivered before the bill was sent? A. A delivery-order was given for the wine, and the bill drawn in consequence—the wine was in bond—the delivery-order and bill went together, and it was in his power to get it on payment of the duty.
firm at Bath ceased to be carried on in the name of Read and Co. on 26th March—the prisoner has ceased to be a member of the firm about four years—I have seen the prisoner write, and, to the best of my belief, the acceptance of this bill is bis—I never gave him authority to use my name to accept any bill—this letter is his writing.
Cross-examined. Q. Do you write like your brother? A. No; he has not had authority to accept bills since the dissolution of the partnership—he used afterwards to assist in the counting-house, just to fill up his time, but was never paid for it—he left Bath in July, 1850—he has not been in the habit of going to town to buy goods for us—he never accepted bills for us since he was a partner—the partnership was regularly dissolved—it was in the Gazette—there was no partnership subsequently between my father, me, and the prisoner—I have not been threatened by Messrs. Simmonds to be sued on this bill—my father is not alive now—I signed my name to the dissolution—the prisoner has not since claimed to be a partner—there are no outstanding debts now that were due when he was a partner—I know of no circumstance by which the prisoner could have supposed he was entitled to use my name—I have not quarrelled with him—we have always been on good terms as brothers—there is no Thomas Read, jun.—I am quite sure that I had nothing whatever to do with this—he was never authorised to make any purchase for us up to July, 1850—he only looked to the books, and took orders—he used to receive money, and pay anything I told bim—I paid him nothing—he has never drawn, endorsed, or accepted bills for us—my partner is not here.
MR. COOPER. Q. He has been absent from you some time A. Since July; my father died in Nov.
(The bill was here read, dated, "London, April 3, 1851. Drawn by Richard Simmonds and Son, on Messrs. Read and Co., wine-merchants, Bath, for 35l. 4s. 6d., at six months. Accepted. Payable at Messrs. Barnard, Diftsdale, and Co. THOMAS READ, JUN. ")—(Note read: "28, Bloomsbury-street, 4th April, 1851. Dear Sirs, I enclose your draft on us for 35l. 4s. 6d., duly accepted. I have received the samples of Moselle, and will call on you tomorrow.")
HENRY ISAACS . I am a constable of the Committee of Bankers. I took the prisoner on 6th May, and afterwards went and searched his lodgings. 8, Trafalgar-grove, Greenwich; which address I heard him give at the Compter—I found some papers in the first-floor front-room—I heard that he occupied that room from Mr. Holmes, his solicitor.
NOT GUILTY .
Before Mr. Justice Talfourd.
1076. THOMAS alias WILIAMREID was again indicted for forging and uttering an acceptance to a bill of exchange for 5 1l. 14s. 4d., with intent to defraud John Simmonds. MR. COOPER conducted the Prosecution.
CHARLES BULLOCK . I am clerk to Mr. Simmonds. At the end of March the prisoner came to the counting-house—I asked his name—he laid, "Read"—I asked him whether he came from Read and Sadler, of Bristol—he said, "No; Read and Co., of Bath"—that is a firm we do business with—he called again on 5th April, when Mr. Simmonds saw him—after that I drew this bill on the firm at Bath, directed, "Messrs. Read and Co., winemerchants, Bath,"drawn at six months, for 51l. 14s. 4d.—I enclosed it in a letter, and directed it to 28, Bloomsbury-street, by Mr. Simraonds's directions—after that I enclosed some delivery-orders which pass from one person to another, by endorsement, and I afterwards received back the bill accepted
in this letter, by post—I had seen the prisoner three or four times before, including 2nd April—I have not the least doubt of his peron—I have seen another gentleman here very much like him—I am able to discriminate between the two.
JOHN SIMMONDS . I am a wine-merchant. On 2nd April the prisoner came and selected twelve dozen of champagne—he came again on the 5th, and selected twenty-seven dozen more—they came to 51l. 14s. 4d.—I gave orders to Mr. Bullock, and afterwards gave him some delivery-orders to forward—these are some of the warrants for the wine bought on 5th April—I got them from Isaacs, the policeman—he brought them to me with a person named Ridley—by presenting the delivery-order at the wharf, and requesting the wharfinger to grant this warrant, it is immediately made out.
THOMAS READ . I am a wine-merchant, and a member of the firm of Read and Danger, of Bath. The prisoner is my twin-brother—the acceptance! to this bill looks like my brother's writing—I should say it was his—it is not I mine, nor Mr. Danger's—to the best of my belief, this letter is my brother's writing—I have often seen him write—we went to school together—the "Read and Co." on the back of these wine-warrants looks like the same handwriting—I should say it was my brother's—I did not give him authority to write it, or to give any acceptance for me—my brother has ceased to be a member of the firm four years ago—since that time he has not ordered any wine for me, or bought any goods for me—he had no authority whatever to sign my acceptance—I knew nothing of this order till I was apprised of it—I had given no orders to him to buy champagne.
Cross-examined by MR. PARRY. Q. You say as you did before, your brother was with you till July, 1850, keeping the books and occasionally giving orders? A. Yes; what I have stated is the fact.
COURT. Q. Did your brother continue with you at Bath after you dissolved partnership, or did he leave? A. He left and came back again—he was away about a year and a half—be then came on a visit to me, and while he was there assisted in the business—during that time he never to my knowledge accepted any bills for the firm, nor drew, or endorsed any—he kept the books, and saw customers when I was out—he had no salary—he was staying with me—he continued with me as a visitor till July last—I know of no authority given him by Mr. Danger—I was not present when any authority was given him—I was sixteen or seventeen years old when I left school—we remained together after school, and then my brother went into business separately—we afterwards became partners, and were so four or five years or more—my father was living then, and was in partnership with me—I have had many opportunities of seeing my brother write.
MR. PARRY. Q. Was he not as much as ten years in partnership with you and your father? A. Not so much as ten years—I do not recollect the number of years.
MR. COOPER. Q. His name is William? A. Yes; I never gave him authority to write my name "Thomas."
HENRY ISAACS . I took the prisoner into custody—I received these papers on 3rd May, from Mr. Ridley, a wine-merchant, of 37, Crutched-friars—(the letters and bill were here read):—they were signed, and accepted, Thomas Read, Jun.)
JOHN SIMMONDS re-examined. These two wine-warrants relate to the wine ordered by the prisoner—I identify them by the marks and numbers, and the ship, and the date of entry and bonding—I have looked at them both—they are made out by the wharfingers where the wine is lying—I know Mr.
Ridley—delivery orders are addressed to the proprietor of the wharf—the warrant must conform to the delivery-order.
NOT GUILTY .
MR. CAARTEEN conducted the Prosecution.
ELIZABETH WHIMPLE . I am servant to Mr. Samuel Goss, chemist, of 52, Herbert-street, Hoxton New-town. On Saturday night, 13th April, I was in bed in the front kitchen, was awoke by a noise about half-past two o'clock, and saw a man in the kitchen with a light in his hand rummaging a box over—I remained quiet—he was about two minutes over the box—he then put the light out, and went up-stairs—I got out of bed, got a light, followed him up-stairs, opened the front door, called "Police!" and saw Saunders running after a man—I did not see where the man came from—I afterwards found the back parlour window half way open from the top—I had seen that at ten the night before—it was then a very little down—there is a door at the top of the kitchen stairs, which was locked, and the key in it when I went to bed at half-past ten—I found that open, and the key missing—there were the marks of a man's footsteps on the sofa in the back parlour—I found six or seven spoons on a shelf in the back kitchen which had been removed from the other shelf—there was 1d. on the kitchen mantel-piece when I went to bed—that was gone—I did not see the man's face—he wore a cap—I found the garden door open—it is a corner house, with a street at the side, separated by a wall—I found footsteps in the garden.
Cross-examined by MR. O'BRIEN. Q. The parlour window was a little open at ten o'clock? A. Yes; and more so in the morning—there was a key on the inside of the back parlour door—there are folding-doors between the back and front parlour—I recollect locking the back parlour door—I was the last person up—my master and mistress went to bed at ten—there are lodgers in the house, but we have nothing to do with them after nine.
MR. CAARTEEN. Q. IS there a back and front parlour? A. Yes; both of them have doors opening into the passage, and there are folding-doors between them—there was no one living in the parlours at that time—if a man got from the garden over the wall it would take him into the street—there was no lock broken.
THOMAS SAUNDERS (policeman, N 187). On Saturday evening, about half-past two o'clock, I was on duty in a churchyard at the top of Herbert-street, and saw two men pass through Church-street, and return again—they passed the side of Mr. Goss's house—I afterwards heard a noise at Mr. Goss's front door, and a cry of "Police!" and the two men had then just begun to run away—I saw them running before I heard the cry—I was watching them at the time—they did not see me—I saw the prisoner getting over Mr. Goss's side wall at the corner of the street, into Church-street, coming from the garden—he was not one of the two men I was watching—I was about ten yards from him when I first saw him—when be got into the street he ran away—I followed him about 300 yards; and took him in a doorway—I did not lose sight of him—when I took him, he said, "All right; I am going in doors"—I took him to the station, searched him, and found this 1d., and one or two lucifers—this crowbar and jemmy were found at the corner of Church-street—about thirty yards from Mr. Goss's, where the prisoner had passed in running—I heard something like an iron drop, but I did not stop at the time—he had on a shiney cap—this key was given me by a constable who was not bound over—it was found in the back garden—the house is in the parish of St. Leonard, Shoreditch.
Cross-examined. Q. Did you know the house before? A. Yes; the other two men went into Wenlock-street, and turned back again into Church-street, and waited at the side of Mr. Goss's house—I did not follow them when they ran away—I saw the prisoner coming over the wall, and I went after him—I was not forty or fifty yards off when I saw the prisoner—there was only the iron fence between us—I got out of the churchyard by coming through the gate, which is about eight yards from the wall—I had never seen the prisoner before—he was taken about three streets from Church-street—I was only four yards behind him when he made the start, and I kept within four yards of him all along.
MR. O'BRIEN. Q. How long have you been in Mr. Goss's service? A. Three years—he has no other name but Samuel—this is his private residence—his business is in Snow-bill—I had placed these spoons on a dresser shelf in the back kitchen, about six o'clock in the evening, and they were removed to another shelf—there are three shelves.
MR. CAARTEEN. Q. Are the shelves one over another? A. Yes; I left the spoons on the first shelf, and they were removed on to the dresser.
GUILTY . † Aged 19.— Transported for Seven Years.
NEW COURT.—Wednesday, 14th May, 1851.
PRESENT—Mr. Ald. HOOPER; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 52.— Confined One Month.
GUILTY . Aged 20.— Confined Three Months.
MESSRS. CLARKSON and O'BRIEN conducted the Prosecution.
WILLIAM JARVIS (City-policeman, 614). On Friday, 2nd May, I went to the Grapes, in Houndsditch—the prisoner came in there about eight o'clock, and be received a paper parcel, which was tied up in a piece of calico, and a brown paper inside—he left, and I and the officer Finnis followed him and stopped him at the corner of Jewry-street—I said we were two officers, and wished to know what he had—he said, "It is all right; I will take you to Mr. Petrie's housekeeper, in Mincing-lane, where I left it last night, and fetched it at nine this morning"—I asked him where he had left it all day—he made no answer—we went to the housekeeper's, and the parcel was opened in the prisoner's presence—be said, "It is all right: I brought it to rectify your other sample"—a clerk of Mr. Petrie was present—this is the parcel—it contains twelve samples, which have no marks on them—as I was taking the prisoner to the station he ran away—I followed, and took him—I found some lists of samples in his pockets—he then said he had brought it from the West Docks at four that afternoon.
he went away he took something out of the parcel, and gave it back to my son again—we were having parcels left every day—the prisoner came again at eight in the evening, and the parcel was delivered to him—he went away and the officer followed.
Cross-examined by MR. BALLANTINE. Q, Is your son here? A. No—he is about eleven years of age—the parcel was about the same die and appearance as this—I did not hear the prisoner say he had brought the things away by mistake.
WILLIAM HICKSON . I am warehouse-keeper at the West India Docks—the prisoner was a sampler at No. 11 warehouse—there is indigo there, and other articles—it was his duty to stab the bags, to ascertain their condition, and to draw samples, about half-a-pound weight, and place the samples in a blue paper similar to this, with the name of the ship, and the dock number of the seron—the prisoner had been in the docks fourteen years—he was in the habit of taking out samples of indigo and cochineal to the brokers. On 2nd May he was engaged in sampling indigo of the same description at this produced for Petrie, and Pasteur, and Lewis, and Peek—there were fifty-three serons belonging to Petrie, and forty-two to Lewis and Peek—they were the selling brokers, not the consignees—on the day afterwards I went to Petrie's and saw a number of samples which had been drawn by the prisoner—they had marks on the outside wrapper of the dock number of the seron—I then went to Lewis, and found forty-two samples of indigo, bearing the marks of those that had been sampled on their account—they commenced it No. 670 and ended at No. 711—here is the entry-book which was kept by Burd.
JAMES BURD . I assisted the prisoner in sampling. On 2nd May I wrote the sample-papers for him—I entered them in this book—this is my writing—the entries to Petrie's is from No. 261 to 313—the prisoner gave me the numbers on this piece of paper—this is his writing—the numbers are taken before the samples leave the docks.
WILLIAM HICKSON re-examined. I saw the samples; the marks on the paper correspond with the books—I have two wrappers which I got from Petrie's, and two from Lewis and Peek's—here is the prisoner's writing on the outside of the wrapper—these indorsements correspond with the books—this book was in charge of the sampler and the person who assists him—these blue papers in which the indigo is wrapped correspond in size and texture with the blue papers that were on the table where the prisoner had been sampling—the brown paper is similar to that used in the docks—when the prisoner took out samples to deliver to the brokers there were marks on them of the initials of the shippers' names, and the papers on the parcels the prisoner had, have no marks on them.
Cross-examined. Q. How long has the prisoner been in the employ of the Docks? A. Upwards of fourteen years, and his father nearly forty years—the prisoner's wages were 18s. a week—he is married, and has eight children—it was his duty to sample in the warehouse—it is a very large warehouse—I should say there are at this time nearly 3,000 serons of indigo in it—these blue papers each contain a single sample, and a number of them are put into this brown paper—this indigo does not come in a large cake, but in small broken pieces—we sample by cutting a hole in the bag and drawing it out with an iron—the samples are then put into these blue papers—each sample represents one seron; they are then sent to the broker—about thirty of them would be put into a large parcel—they would be of no use to the brokers unless they were marked.
(MR. BALLANTINE. here stated that the prisoner would plead guilty. )
(The prisoner received a good character.) Aged 30.— Confined Four Months.
NATHANIEL SHANE . I am clerk to a merchant in Tooley-street. On 3rd March I was in the parlour of Neighbour's coffee-house, in Cannon-street, about half past eight o'clock in the evening; I had a great coat—this is it—it was hanging over the ledge at the side of the seat—I did not leave the room at all—I was sitting at the table talking to a friend—after I had been there half-an-hour I missed my coat—it had been close to me—I saw a man like the prisoner, there, but I could not identify him.
WILLIAM BELBIN . I am waiter at Neighbour's coffee-house. I remember seeing the prisoner in the parlour on 3rd March—I did not see him come in—when I went down about seven o'clock, he was sitting by the fire smoking a cigar—Mr. Shane came in between seven and eight—I saw him take his top coat off, and lay it across the end of the settle by the entrance of the parlour-door, as he was in the habit of doing—in twenty minutes or half-an-hour the prisoner shifted from the fire-place and came towards the door—there is a seat on each side of the entrance—the prisoner stood between the two settles, and leaned his arm over the coat—it is a narrow entrance, and I was coming in with a tray of grog—I said to the prisoner, "Allow me to pass"—in his moving be drew his arm, and the coat fell down on the ground, and as I turned round from delivering the grog I saw him walk out with the coat—I ran after him, but could not catch him—I had never seen him before—I am quite sure he is the man—he was quite sober.
Prisoner. I admit the coat being in my possession, but I deny stealing it.
HENRY JONES . I am landlord of the coffee-house. I saw the prisoner there on 3rd March—I think he came about half-past seven o'clock—Mr. Shane's coat was missed that evening—I had seen it on the side of the settle just in the corner—I had never seen the prisoner before—be was quite sober.
Prisoner's Defence. I have no recollection of entering Neighbour's coffee-house, either before or since the 3rd March; I was in company with a gentleman, and a man offered to fight me; I recollect throwing my coat down to go out of the house; I was intoxicated, and from that time I do not know what became of my coat; on 4th March, coming from my own house, I took the coat with me, and on the following day I did the same; I then learned that my friend Mr. Smith had left Barclay's brewhouse; I felt no doubt that it was his coat, and that he had mine; I kept it a few days, and then pawned it, wanting money. (The prisoner received a good character.)
GUILTY . Aged 29.— Confined Four Months.
MR. COCKLE conducted the Prosecution.
EDWIN COLLINS . I am a farmer at Hampton. On 3rd April, the prisoner was at my house on business—he is a dealer in sheep and cattle—I accompanied him to Twickenham—in going along he said, "There is a man who talked of buying some ducks of me, but I don't think I shall sell them to him"—I said I would buy the five ducks of hhn at 10s.—that was about the fair value for them—his father keeps the Three Kings Inn, at Twickenham—I called there on my way from London to Hampton that evening—I saw the prisoner's father, and paid him 10s. for the five ducks—I sent Rogers for the five ducks the next morning, and received them from Rogers—I had some
conversation with the prisoner about the docks on the following Sunday at my house at Hampton—I said to him, "How about these docks I purchased from you; I find there are parties who claim them"—he said he purchased them at Brentford market, he did not exactly know how long ago, but he thought it mast be five weeks—he said he did not know the party he bought them of, but be give 10s. for them—on the day the prisoner first spoke to me about the ducks they were in a field near Twickenham, four or five rods from where I was.
Cross-emamined by MR. CLARKSON. Q. Was not the expression the prisoner used, that he had sold them to you for the same price he had given for them? A. Yet; I do not know of his having had a lawsuit with a brother-in-law of the name of Benn—I believe the prisoner lives with his father—I did not think it very extraordinary that he should buy at Brentford market of a man he did not know—he said he did not know the name of the man, but he could swear to his person if he were to see him—I have known the prisoner about four months; he has called on me and bought sheep—what he has had he paid me for—I have five cows of his to keep—amongst the ducks I bought of him one of them turned out to be mine—there is another indictment for that—they have, I believe, contrived to make three indictments for the five ducks—I looked at the ducks and found some mark on the head of one of them—I fancied it to be mine, but I refused to swear to it—I should say the value of the prisoner's cows was from 8l. to 10l. each—the Magistrate at Twickenham is a very elderly gentleman—this duck case took the whole day, from morning till a late dinner-time—the prisoner did not tell me to keep this matter secret—on the contrary, according to the notion of my family, he sold me my own duck.
MR. COCKLE. Q. Have you the care of your own ducks? A. No; four of these ducks have been claimed by different persons—I was present during the whole of the examination before the Magistrate—witnesses were called on behalf of the prisoner.
EDWARD ROGERS . I was sent by my master, Mr. Collins, for the five ducks on Friday, 4th April—I received them from the prisoner's father, Mr. Baldry, at Twickenham—he took me to a field where they were—the prisoner was not there.
EMILY EDMONDS . I live with my brother-in-law, Mr. Collins. I look after his poultry—I remember Rogers bringing home five ducks on 4th April—I examined them; I found one was Mr. Collins's—I had missed that duek on 26th March—I had had it up to that day.
Cross-examined. Q. You knew it by a mark on the bead, where the feathers were wanting? A. Yes; and by the general appearance of it, it was very like another duck that we had—in consequence of what I observed I gave information to the police.
COURT. Q. What was the age of the duck? A. Three years—I had had it under my care the whole three years—the feathers on the head had been picked off when it was young.
CHARLES CHURCHILL (police-sergeant, V 19). I am stationed at Hampton—I received information from the last witness about some ducks, on Friday, 4th April—I saw Mr. Collins on the subject on Saturday 5th, and on Wednesday 9th—the prisoner came to my station, and said, he understood I had been making some inquiries about him—I told him I had wanted to know who he bought those ducks of that he sold to Mr. Collins—he told me he bought them of a man in Brentford market, about three weeks or a month ago—I told him to be certain, and he turned to a man in a cart at the door, and the man said, "It was three weeks ago yesterday"—that would be Tuesday,
18th March—I have seen that man who was in the cart about with the prisoner—I think his name was Bosser—he was before the Magistrate.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
RICHARD BAKER . I am a trunk-maker, of the Edgeware-road. The prisoner was my errand-boy; he had 6s. a week, but not board, or lodging—he lived with his father and mother—on 17th Feb., I gave him a sovereign to get change, about half-past two o'clock; he left my shop with it, and did not come back—the next time I saw him was in Edgeware-road, on 15th April—I had in the meantime made inquiry of his father and mother, and could not find him—when I saw him in Edgeware-road, I told him I wanted him for stealing a sovereign—he said he did not steal it, he lost it—I gave him in charge
Prisoner. He knew where I lived, he never inquired after me for two months—my father offered to pay him so much a week—he took my brother to work it out. Witness. I inquired about him—I went to the station—his father came and said, when he found him he would bring him to me, and if I did not prosecute him, he would—I took his brother, because I wanted a boy—I had him only five days; be was younger than the prisoner—the father did not promise to pay me so much a week—I never went to his father's house—I went to the Mews—his father came to me—I saw him twice, I believe—I spoke to the police on the evening of the day the prisoner went away with the sovereign—the police-sergeant came to my house in private clothes, and took the particulars about three weeks afterwards—the prisoner's father came to me the morning after the prisoner left me—I am sure nothing was then said about the money being lost—he said he had not seen him—I went to the Mews, to try to find the prisoner; I had not his proper address—the reserve policeman went with me.
Prisoner. He could have found me out if he liked—I was recommended to him by the clergyman where I went to school. Witness. We made inquiry of several people—I only knew his Christian name—he brought me a written recommendation from a gentleman named Brown—he was with me one month.
Prisoner's Defence. I had the misfortune to lose the sovereign—he sent me for change several times before, and I always brought it correct—he knew where I lived; Mr. Finch, our landlord, lived in Quebec-street, and is known all over the parish.
COURT to RICHARD BAKER. Q. Did you go to the clergyman to ask where the prisoner lived? A. No; I went to the station, and went round with the policeman—we gave a description of his person in the Mews—he had gone for change on former occasions, and had brought money back for goods sent out—in other respects, he bad behaved very well.
WILLIAM HAYES . I am the prisoner's father. When the sovereign was missing he did not come home—I met him accidentally in Oxford-street, four days afterwards—he went home with me, and never left my place afterwards—the next morning, he offered to go with me to his master, but I said it was not necessary, as Mr. Baker seemed perfectly satisfied—I had thought it necessary to call on his master, as my son did not come home—his master said he had sent him for change of a sovereign, and he bad not returned—I said I would make it up when I could get a situation—he consented to take the prisoner's younger brother at a shilling a week leas than he paid he prisoner—he kept his brother four or five days, and then discharged him—I went on the Monday following, and asked what he discharged him for—he said a dreumitance had occurred that he could not keep him—I then repeated my promise that I would pay him the sovereign—I did not specify any time—the boy was afraid to return home, or to his master's—when I met him, he was in a most deplorable state; he had parted with his coat and shoes to support himself—I never said I would prosecute my child.
NOT GUILTY .
JOHN FOX . I live in Vauxhall-road, and am a smith. I know the prisoner, and Neville. On 31st March, Neville had a horse to dispose of, and I was desirous to purchase it—I don't understand much about horses; I believe the prisoner does—I believe be has been in the habit of dealing in horses for some time—I employed him to purchase the horse for me—my wife paid him 4l. 10s. to purchase it of Mr. Neville, and 5s. was given to the prisoner for his trouble—I saw him the same day at dinner-time—he gave the horse up to my wife—he said nothing about the money we had given him; I had a stable at the back of my house, it was Mr. Neville's, but it became mine afterwards—I took possession of it on 4th April—on Monday, 31st March, I saw the horse in a stable that the prisoner had hired for me—I had it in my possession nearly a fortnight—I missed it on Friday, 11th April—I had seen it safe ou the Wednesday—the prisoner bad no authority from me to take it away.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A smith, in the employ of the Pimlico Wheel works; I go to work at six o'clock in the morning, and leave at six or eight—I wanted this horse, as I intended to set up as a carman—I never kept a horse before—my wife was living with me when this happened—she has always lived with me—she has not been out of the way at any time—she was at Brighton for a week—I did not send her there; she was persuaded by the prisoner's friends to go there—I do not know that there was any charge against her—I believe she was with another young woman, who picked a person's pocket, and she was then persuaded by the prisoner's friends to go to Brighton to keep out of the way—after that I employed the prisoner to buy the horse—my wife gave him the money to pay for it—I had to attend to my work—I was present when it was paid for, but I allow my wife to have the money—she had the key of the drawers, and took the money out—I never go to work on Monday morning till half-past eight—the money was paid in my kitchen, at half-past eight in the morning; Mrs. Neville was present when it was paid, and a man who goes by the name of Bunny Smith—I believe he had been buying horses for Mrs. Neville's former husband—I do not know what be was there about; I did not ask him—I believe he spoke to Mrs. Neville; she was in the kitchen—he had an opportunity of seeing the money paid—I do not know whether he did see it; he
was sitting by the fire—I and my wife were by the kitchen door, and the prisoner was just inside the door—the money was paid by my wife, in my presence—it was three sovereigns and three half-sovereigns—I hired a stable of Mr. Hutchings—Neville had had possession of it for twelve months—Mr. Hutchings let me have half of it—I was to pay 15l. a year—Mr. Hutchings took it from Neville—I have part of it, and a person named Smith has another part—the week that my wife was at Brighton was the only time she staid away from me during the seven years we have been married—she was down in the country, at my father's, six weeks last summer.
ELIZABETH FOX . I am the wife of John Fox. I saw the prisoner at our house on 31st March—I paid him 4l. 10s. to buy a horse—Mrs. Neville was present when I gave him the money—I gave him 5s. for his trouble—I saw the horse afterwards—he gave it up to me—he said, "Here is your horse, Mrs. Fox"—I was going to take it to the stables of Mrs. Neville; the prisoner said, "You had better not take it there; you know Mrs. Neville does not pay the rent; he will be taken"—he said he would take it to his stable; and the horse was too tall to go in, and he asked if he should get a stable for me—I saw the horse in the stable which the prisoner had taken for me, at 1l. 6d. a week, and the horse had not room to lie down, and no place for his food—the 1s. 6d. a week did not include his keep—I kept him, it came at last to my husband's stable—I saw it in the stable continually after that, with the exception of one night—the last time I saw it was on a Thursday night, and a man named Rayment came to my door that night, and said that Mr. Neville was going to sell the horse to Bryant—the prisoner said, "I will see whether Bryant shall have the horse"—this was on the Thursday before the Friday on which the horse was missing.
COURT. Q. On the day before the horse was missed, Rayment said, in the prisoner's presence, that Bryant was going to buy the horse of Neville? A. Yes, and the prisoner came up the kitchen stairs, and said, "I will show Mr. Bryant about that"—the prisoner took the horse out of the stable—that was about seven o'clock in the evening—he took it down the street, brought it back, and said, "You see what they mean to do"—he put it into the stable again, and I saw it safe, and next morning it was gone.
Cross-examined. Q. I think you said it was on 31st March the purchase took place? A. I believe it was; I am no scholar—it was last Monday six weeks—my husband was at home—I paid the money—I kept some money in a drawer, and some in my pocket—I paid three sovereigns and three half-sovereigns—I took the money out of the drawer that morning, and put it into my pocket—I had more money in the drawer—I paid it at the end of the kitchen dresser—Mrs. Neville was there, and, to the best of my recollection, Mr. Neville and Bunny Smith were there—my husband wanted the horse to earn money by in any way that he could—he was going to take Mr. Neville's business, who is a carman—we have taken it now—we have taken the stable, and are going to get horses and carts—we had not a cart, and Mrs. Neville was using our horse—she had it twelve days—we have not been paid for it—she said she was in difficulties—she is here—she is a witness—Mr. Neville is not a witness—he and his wile do not agree.
MR. ROBINSON. Q. You say Neville and Bunny Smith were there? A. Yes; and Neville said I ought to give Bunny Smith 5s.—I hesitated, but I did give him the 5s.—he was in the public-house at the time the prisoner paid the 4l. 10s. for the horse, and there I gave Smith the 5s.
COURT. Q. Was there any dispute about this horse? A. No; the prisoner never gave any reason why he took it away—I did not see him till the Friday night, and then he said he had sold it—I said, "Will you give me
4l.? I will lose the 10s."—he told me he would best me out of fifty horses if he could, and told me to do my best and my worst.
DAVID COLTMAN . I am a labourer, and live in Goswell-street. I worked the horse every day before it was lost—Mn. Neville allowed me to work it—on that evening I fed it and cleaned it, and locked the stable-gate—I gave the key to Mrs. Fox—next morning I went to the stable, and the horse was gone.
Cross-examined. Q. How came you to give the key to Mrs. Fox? A. She lived in the same house; Mn. Neville has been reduced in business, and Mrs. Fox has got the stable—I gave the key to her, as she was the first person I saw—I thought she would give it to Mn. Neville—the horse was worked by me for Mrs. Neville, and she drew the money that I worked for—the horse was a middle-sized one, a kind of coach-horse—it had a good appetite—it worked very well indeed—we sometimes earned 10s. a day, and sometimes 9s.—that all went to Mrs. Neville—Mr. Neville is her husband.
ISAAC BRYANT . I live in Westminster, and am a carman. On Friday, 11th April, I bought the hone of the prisoner in Smithfield—I went to a public-house, and paid him 8l. for it—it has been in my possession ever since, and has been working on the premises—I dare say Mr. and Mrs. Fox have seen it—it was claimed of me before they went before the Magistrate.
Cross-examined. Q. You have it working still? A. Yes; it was not worth the money I gave for it, but I wanted it at the time—I work it in a brick-cart.
COURT. Q. Did anybody come to your place to claim it? A. The day after I bought it Sergeant Loome came to claim it for Mr. Fox, and it was claimed before the Magistrate.
MARK LOOME (police-sergeant, B 11). On the evening of 12th April I apprehended the prisoner—I told him he was charged with stealing a horse from the stable of Mrs. Fox—he said he bought it with his own money, and she could do her wont, and then she could do nothing—I told him I had ascertained that he had sold the horse—he said he had.
JOSEPH DEACON . On Thursday night, 11th or 12th April, between eleven and twelve o'clock, I saw the prisoner with the horse—he brought it to our yard, in Chapman-street, Westminster—he took it down the yard, and put it behind the van—he said he had bought the horse that day, and was going to sell it again—it remained there till the next afternoon—I did not see who took it away.
Cross-examined. Q. Did you ask him where the hone came from? A. No; I asked him if he had bought it, and he said, "Yes"—I asked him whether he was going to keep it, or sell it again—he said he was going to sell it—he said he had bought the hone that day—I am a milk-boy.
COURT. Q. Are you sure that he said he bought it that day? A. I asked if he had bought that horse that day, and he said, "Yes."
Cross-examined. Q. Who got the money? A. Mrs. Fox got it out of a drawer; I saw her—the prisoner and Mr. Fox were present—Bunny Smith was in the kitchen—he saw it, I believe—I do not know who got the money at last—I never saw the money paid for the horse—I was present when the money was paid to the prisoner—I believe Mr. Neville got it—Coltman afterwards worked the horse—Mr. Fox lent me the hone till he could purchase a cart—I have not paid him anything—I hardly earned a day's wages
by the horse, hardly enough to keep it and pay the man—on an average it costs 3s. a day to keep it, and then I paid the man 3s.—my husband and I are not on very good terms.
NOT GUILTY .
THIRD COURT.—Wednesday, May 14th, 1851.
PRESENT—Mr. Ald. KELLY; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 16.— Confined Four Months.
GUILTY . Aged 27.— Confined Three Months.
GUILTY . ** Aged 34.— Confined Twelve Months.
MESSRS. CLERK and ELLIS, JUN., conducted the Prosecution.
ELIZABETH PELLY . My husband keeps a tobacconist's shop in Ratcliffe-highway. On Sunday, 27th April, between nine and ten o'clock in the evening, the prisoner came for one shilling's worth of cigars—he gave me a 5s.-piece, which I weighed, and found to be bad—he said he would go and call his master, at the second public-house on the opposite side of the road—he left, and never came back—I marked it, put it by itself, and afterwards gave it to the constable.
Cross-examined by MR. PAYNE. Q. How was he dressed? A. He had a white apron, and no hat—he was in a very great hurry.
EDWARD ALLEN . I am a coffee-house keeper, of High-street, Shad well. On Sunday night, 27th April, about twelve o'clock, the prisoner came, and had a cup of tea and a slice of bread-and-butter, which came to 3 1/2 d.—he gave me a crown—I told him it was bad; he said, "Is it?" I said, "Yes, you know it is;" he said he did not—I asked him if he had got any small change; he said, "No"—I gave him in charge, with the crown.
Cross-examined. Q. Did you mark it before you gave it to the officer? A. No, but I did immediately after.
JAMES WOODHURST (policeman). On 27th April I took the prisoner at Mr. Allen's, who gave me this crown (produced)—I found on him 8d. in copper, and a good sixpence—I received the other crown from Mrs. Pelly next morning.
MR. PAYNE called
SARAH WITHERS . I live at 65, Lambeth-street. I have known the prisoner twelve months—he has lodged with me eight months, and bore a good character—on Sunday night, 27th April, he was at my place from half-past eight to half-past nine; be then went out, and I went into my
bed-room, and did not see him again—he may have come back again, but I did not see him—I left the servant below—I never saw him wear a white apron.
Cross-exmnined by Mr. CLERK. Q. Do you know what he is? A. A sail-maker—I thought he worked for himself—he worked at home once—I do not know whether he was at work at this time, but he used to go out in the morning with his tools and canvass, and come back every night regularly—I was greatly surprised at his not coming home on this night—my girl sat up for him, and came up, and told me he had not come in—he never wore a white apron about my place, and there were never any to be washed for him—the room in which I was sitting with him was on the first-floor—my bed-room was on the second-floor.
ELLEN CUFF . I have been servant to Mrs. Withers more than twelve months—the prisoner lived there—on this Sunday night he went out at the door at half-past nine o'clock—my mistress then went up-stairs, and did not come down again; and the prisoner turned in again, and did not leave till ten o'clock—it would take a quarter of an hour to walk from there to Mr. Pelly's—I never saw the prisoner wear a white apron—I did his washing, and never washed one for him.
Cross-examined. Q. What room were you sitting in on the Sunday evening? A. In the kitchen—the prisoner was standing by the fire—he was not sitting up-stairs with my mistress, that I know of—there is a clock, which faced me where I sat—the prisoner had not been out before that day—he had been in bed all day, till half-past three o'clock, when I sent for him to have some tea with me—I do not know what time he came home on Saturday night or Friday night—he came home about seven, as near as I can tell, on Friday—I looked at the clock on this Sunday when he went out, and told him not to be long out, for I wanted to go to bed about eleven of half-past, having to get up early—it was ten then—he did not go out at first; he only went on to the step of the door, and returned; and a young man named John Sculley, who was in the kitchen, asked him to have a drop of beer with him, and they went out together at ten—the door opens into the kitchen—next morning Sculley came, and said the prisoner was in trouble, and he had been locked up with him.
JOHN SCULLEY . I am a labourer, and life at 65, Lambeth-street. On Sunday night, 27th April, I was with the prisoner from eight o'clock till twelve—we left Mrs. Withers together about ten—he did not go into Mrs. Pelly's shop.
Cross-examined. Q. Do you live in this house? A. Yes; I first saw the prisoner that day at breakfast, which was about ten o'clock, or it might be eleven—I dined by myself—he was in the house, and after dinner we went out for a walk to the Commercial-road, and came back about eight in the evening.
MR. PAYNE. Q. Was he in bed all Sunday? A. I cannot say—I dined about one o'clock—I cannot sty what time we went out, whether it was two or three.
MR. PAYNE to SARAH WITHERS. Q. What time did you go out in the morning? A. Between one and two o'clock—I did not come home till near nine.
MR. CLERK. Q. Had you seen Sculley that morning? A. Yes; I was not at home when they dined—I recollect Sculley going out—the prisoner
was not with him—I did not see him till half-past nine o'clock in the evening—I was sitting in the kitchen.
GUILTY . Aged 23.— Confined Twelve Months.
JOSEPH HARVEY . I am a grocer. On Tuesday night, 8th April, about five o'clock, Dewey came to my shop for 3d.-worth of bread—he gave me a half-crown—I gave it him back, said it was bad, and he gave me a good shilling—I gave him the change, and he left.
ELIZABETH BECK . On Tuesday night, 8th April, the prisoner came to my shop near South Mimms for a quarter of a pound of cheese—he gave me a half-crown—it felt light and I refused it—he then gave me a good 6d., and I gave him the change and the half-crown, and he left—I live about three miles from South Mimms.
FANNY PATIENCE DELL . I am servant to Mr. Craft, of the Robin Hood, Potter's-bar, South Mimms. On Tuesday night, 8th April, the prisoners came into the tap-room, and called for a pint of beer—my mistress drew it, they paid for it, and called for some more, which I drew—Dewey gave roe half-a-crown—I gave it to my mistress, she gave me 2s. 4d. change which I gave to Dewey—in the course of the evening I served Cook with a glass of gin, and he gave me a 1s.—I gave it to my mistress—who gave me the change, which I gave to Cook—she then found the shilling was bad, and told me to call Cook back, who was just going out at the door—I called him back, and told him it was bad—he said he did not know it, and gave up the change—Dewey had gone—my mistress said, "I will lay a guinea your mate has given me a bad half-crown"—Cook said he did not know it—I went for a policeman, and saw Dewey about 100 yards off—he was brought back by Newman, and both prisoners were given in charge.
MARIA CRAFT . My husband keeps the Robin Hood. The prisoners were drinking there on 5th April—Dell brought me a half-crown—I put it into my pocket where there was no other half-crown, and gave her the change—I afterwards received 1s. from her, and gave her the change—I was going to put it into my pocket, but saw it was bad, and sent for the man back, told him it was bad, and said, "I bet a guinea your mate has given me a bad half-crown"—I took it out, and found it was bad—he said, "I don't know anything of him"—I laid it on the counter, and Newman took it up—I gave Cook his bad shilling, and he gave me the change.
HENRY NEWMAN . I am a beer-shop keeper, at Potters' Bar. On 8th April, I went to Mr. Craft's house, and saw the prisoners sitting together, with a pot between them—I saw Dell bring in half-a-crown, and in about ten minutes a shilling—I bent it with a key, found it was bad, and threw it on the counter—I then tried the half-crown, found it was bad, marked it, put it into my pocket, and went and took Cook in a shed about 100 yards off—I gave him to the policeman with the half-crown.
Dewey. Q. Before you found it was bad, did any one have it in their hands? A. I cannot say, but I know it is the one Mrs. Craft took from her pocket.
GEORGE HARROD (policeman). I took Dewey about 100 yards from the house, and told him the charge—he said, "I shan't go back, and I shan't walk"—Newman afterwards gave Cook in my charge—he said I might search him, he had got no more—I asked him what he had done with the bad shilling—he said he had thrown it away—I produce this half-crown, which I received from Newman—going to the station, Cook said to Dewey, "It is
three years since we met, and it it very curious that when we met we should be both locked up."
Cook's Defence. I went to the public-house, and found Dewey sitting there; he asked me to drink out of his pot, I did so; I did not know the Killing I gave was bad; when they gave it me back I threw it away in a passion.
Dewey's Defence. None of the witnesses say that this is the same half-crown I gave.
COOK— NOT GUILTY .
DEWEY— GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
SAMUEL HARDIMAN . I am in the employ of Mr. Butt, a tailor, of Farringdon-street. About 22nd March, about eight o'clock in the evening, the prisoner came and asked for change for half-a-crown—my master took it up, and said it was bad, but he would not prefer the charge and let him go—he marked the half-crown with a "B" and gave it into my charge—I gave it to the policeman when he came for it—this is it.
Prisoner. Q. How long was it before the other charge? A. Nearly three weeks—I swear it was not a month—I placed it under some cloth on the mantel-piece.
DANIEL COCKE RELL (City-policeman, 314). I was called to the shop, and saw the bad half-crown, but Mr. Butt would not give the prisoner in charge—he said he was quite innocent, but appeared very glad to get away.
GEORGE WRIGHT . I am in the service of Mr. Neighbour, of the Swan, Coleman-street. On 7th March, about one o'clock, the prisoner came for a glass of ale—it came to 2d.—he gave me this half-crown—I told him it was bad—he made no reply, and I gave him in charge.
Prisoner's Defence. I understand there is no conviction where the two pieces are not uttered within ten days.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ELIZABETH BLACKIE . My husband is a tobacconist, of the Hampstead-road. On 2nd May, about dusk, I was in the shop—John Carr came in, and asked for 1d.-worth of tobacco, and then threw down 1s.—I gave it to my husband to look at.
WILLIAM BLACKIE . My wife gave me 1s.—it was bad—I asked John Carr where he got it—he said be had taken it that day, and that was all the money be had got—he appeared sober then—I broke it in two, and told him I thought he was a bad fellow—be then staggered up against the partition, and there he stood—I told him to go two or three times, and he took no notice, as if he was not sober—I went in front of the counter to get him out, and Jeffryes, who was at the door, rushed in, and said, "What is the matter?"—I said, "You had better take him away before be gets into trouble"—Jeffryes said, "Trouble, what do you mean?" and up with his fist as if he would knock me down, and Mary Carr ran up, saying, "My dear, my dear, what
is the matter?" and pretended to be crying—she took them away—I put the shilling on the counter, and my wife gave it to the constable in my presence—a policeman brought the prisoners back.
CHARLES BOW (policeman, S 383). I received information, and found Jeffryes at the Prince of Wales, Hampstead-road—he had a bad shilling on him, bent—I received this broken shilling at Mr. Blackie's, and went and took the other two prisoners in Munster-street.
ANN MILLS . I am the wife of Francis Mills, who keeps the Prince of Wales, Hampstead-road. On 2nd May, about seven o'clock in the evening, the prisoners came—Jeffryes asked for a pot of porter, and gave me a shilling—I told him it was bad—he said it was not, and said he had taken it of his master—I refused to return it, and he said he would break the glasses if I did nut—Knight came and took Jeffryes; the others got out at the side door—I gave Knight the shilling; this is it (produced).
THOMAS KNIGHT (policeman, S 201). I was called, and Mrs. Mills gave me this shilling, which she said she had received of Jeffryes—she would not give him in charge—I asked him to come outside, and Bow took him—I went with him to Mrs. Blackie's, where he was identified—he resisted very much and struck me, threw me down, and kicked me on the head—I have the Jump now.
JAMES MASON (policeman). I assisted Knight in taking Jeffryes—he resisted violently, threw us down, and kicked me in the leg; I have the mark now—we were obliged to get a gentleman to assist in carrying him to the station, who he kicked also.
Jeffryes. I have got the marks where you kicked and cut me; I have been under a doctor ever since.
CHARLES FRANSOME (policeman, S 220). I assisted in taking Jeffryes—he gave me a tremendous blow on the side of the face—I fell with him, and he kicked me just above the knee—we were obliged to carry him to the station.
MARY CARR— NOT GUILTY .
JOHN CARR— GUILTY . Aged 34.— Confined Six Months.
JEFFRYES— GUILTY . Aged 23.— Confined Twelve Months.
MESSRS. CLERK and ELLIS, JUN., conducted the Prosecution.
THOMAS BARTLETT . I keep an oyster-shop, in Warwick-street, St. James's. On 2nd May the prisoner came and asked my wife for 1d.-worth of oysters—he put down a half-crown; I bent it in the machine and flung it back, saying, "That won't do"—his companion took it up, and the prisoner put down a second half-crown, which was bad, and I broke it in the same way, and went round to stop them—the other man chucked the first half-crown out into Regent-street, and then plunged his hand into the prisoner's pocket, took out some money, and hit me in the forehead—there were four men standing at the door, who would not assist me, and he got away—a policeman came—this is the second half-crown—I bent it, and put a cross on the head.
Prisoner's Defence. I was the worse for drink, and the man most have taken my money out of my pocket and placed the bad money in its place—he also robbed me of a parcel containing a shirt and handkerchief.
GUILTY . * Aged 41.— Confined Twelve Months.
MESSRS. CLERK and GEAREY conducted the Prosecution.
JANE PARRIS . I am the daughter of John Parris, who keep an eating-house at Denmark-hill, Camberwell. On 22nd April, in the evening, the prisoner came and asked for 1d.-worth of pudding—he gave me a sixpence with a black spot on the head of it—I put it into the till—next day a lad came for 1d.-worth of pudding, and my mother gave him the sixpence in change for a shilling—he brought it back broken—I saw it, and it was the same—next day the prisoner came again for 1d.-worth of pudding, and gave me another bad sixpence—I told him it was bad—he said, "Oh indeed! I have not got another; I have not got but a halfpenny good"—I said, "You brought one yesterday"—he said I was mistakes—he was given in charge; I am sure he was the person—I gave one sixpence to the constable.
Cross-examined by MR. O'BRIEN. Q. A great number of persons come in for pudding? A. Yes—I had never seen the prisoner before—the six-pence was given in change about twenty minutes after the prisoner left—nobody had been in in the meantime.
CHARLOTTE PARRIS . I was in my shop on 23rd April, and saw my daughter serve the prisoner, and he left—in about twenty minutes, or half sn hour, Martin came in for some pudding, and gave me a shilling—there was only one sixpence in the till, which I gave to him in change—he afterwards brought it back, saying it was bad—I gave him another for it, and put it into my pocket, where there was no other silver, and in about five minutes I put it into a little box—there was a black spot on it—the prisoner came again next day; my daughter called me into the shop, and gave me another bad sixpence in the prisoner's presence, saying that he was the boy who brought a bad sixpence the day before—he said he thought she was mistaken, for he had been at Stepney—I have no doubt he is the person.
Cross-examined. Q. Where were you on the first occasion? A. In the kitchen, but it opens into the shop, and I saw the prisoner at the door—there was another sixpence in the till when I gave Martin the change—I afterwards gave it to him—he made no complaint about that.
HENRY MARTIN . On 23rd April I went to Mrs. Parris' shop for 1d.—worth of pudding, and gave her a shilling; she gave me sixpence and 5d. in copper—I went to a public-house and offered the sixpence; the landlady tried it on the engine and said it was bad—she gave it back to me; this is it—I saw no mark on it—I took it back, and Mrs. Parris changed it for a good one.
Cross-examined. Q. What sort of a mark is it? A. I should have thought it had been tried by a machine; it has that appearance.
GUILTY . Aged 23.— Confined Six Months.
then into the warehouse at the back, where I work, and asked me to mix up some colours—he had been employed about a week on out-door work, and only had to come to the shop for colours—I told him I had nothing to do with mixing them, and went out with him—some persons passing brushed his coat open, and I saw a brass cock ferule and a lamp sticking out of his pocket—these are them (produced)—he had no business with them—one was in the warehouse and the other in the shop.
HENRY CLARK (City-policeman, 429). On 25th April I went to the prisoner's lodgings and said to him, "Did you have a brass cock, the property of your master?" he said, "Yes," and gave it me from the windowledge—he afterwards said he intended taking it back in the morning, he merely took it for a drawing—I took him to the station—Pill said, there was a lamp on the table belonging to his master—I spoke to the prisoner about it—he said he did not know what to say—I went back and found it.
GUILTY . * Aged 23.— Confined Six Months.
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 11.—His master engaged to re-employ him.— Confined Two Days.
GEORGE BERNARD HOLLAND . I am porter to Mr. Charles Glenny, of 33, Lombard-street. On 15th April, about seven o'clock in the evening, I was in the shop, and saw the prisoner snatch a coat off the rails at the door—I ran after him—a policeman overtook him with the coat—this is it (produced)—it is Mr. Glenny's.
Prisoner's Defence. A man asked me to carry it to Rosemary-lane for him.
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 46.—Recommended to mercy.— Confined Two Months.
GUILTY . Aged 22.— Confined Two Months.
GUILTY . Aged 21.— Confined Twelve Months.
gentlemen, and attempt to pick their pockets—I followed him to Wood-street—it was raining, and he put a piece of canvass round his shoulders, which made him look like a book-binder's boy, and arranged it so as to hide his left hand, which he put into a gentleman's pocket, took out this handkerchief (produced), and put it into his trowsers' pocket—I took him, and took him back to the gentleman, who claimed the handkerchief, but would not come to the station.
Cross-examined by MR. PAYNE. Q. Where were you standing? A. At the opposite side of the street—the handkerchief was in the gentleman's lefthand pocket—he would not give his name—he said he was very ill, and lived a long way in the country—it is not unusual for boys to cover them—selves with a piece of canvass in the rain.
HENRY ROWE (City-policeman, 114). I was with Brett, and saw the prisoner take the gentleman's handkerchief in Wood-street—he owned the handkerchief, but refused to give his name, saying he was very ill, and lived a great distance out of town.
Cross-examined. Q. Where were you? A. Behind the prisoner, on the same side, 100 yards, or it might be more.
GUILTY . Aged 16.— Confined Six Months.
OLD COURT.—Thursday, May 15th, 1851.
PRESENT—Mr. Baron ALDERSON; Mr. Justice TALFOURD; Mr. Ald. KELLY; Mr. Ald. SIDNEY; Mr. Ald. LAWRENCE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Fourth Jury.
GUILTY .—Aged 16.— Confined Two Years.
GUILTY . Aged 26.— Transported for Life.
GUILTY . Aged 25.— Transported for Ten Years.
GUILTY . Aged 19.— Judgment Respited.
Before Mr. Baron Alderson.
MESSRS. BODKIN and CLERK conducted the Prosecution.
WILLIAM RICE . I am a cab-driver, and reside at 2, Garden-place, Bell-street, street, Westminster; the same house where the deceased Richard Judd resided—he rented it, and was my landlord—I had only lived in the house a fortnight when this occurrence took place—I knew the prisoner by sight, he was Richard Judd's son, and lived with him—there are two rooms in the house, I occupied the lower part, and Judd and the prisoner the upper—on Saturday morning, 12th April, between eight and nine, while I was in my room, I heard a scuffling up-stairs, for about a minute or two, and I heard a sort of moan after it was over—the prisoner then came down-stairs, and went
into the yard; went up-stairs again, came down again immediately, and went out—the deceased then came out, locked the door, and came down, and as he came down, I heard him make the same sort of moan—the right side of his face was covered with blood—he went out at the srarden-gate—I believe he had four other sons besides the prisoner—one of them afterwards came, and the deceased's brother's wife, and broke the door open—I went up, and the bed was all over blood, and the room also, in different parts—I saw a small shovel-handle in the room, about an inch and a half long, it had blood on it (produced), this is it—it has been broken—this poker (produced) was also in the room—I did not observe any blood upon that.
Cross-examined by MR. BALLANTINE. Q. You mean there was a piece broken off, of about an inch or two? A. The shovel was broken off, and there was about half the length of my finger left, and there was blood on it—I did not speak to the deceased as he came down-stairs—my wife went out after him—I was not dressed at the time—I found blood in every part of the room—it seemed as if there had been a considerable struggle, and I had heard what appeared to be a great struggle between the two, the deceased Was quite dressed when he went out.
SARAH RICE . I am the last witness's wife. I saw the deceased at the gate—Ilia face and head were covered with blood—he had a hat on—I went out after him into the street, and there was a person of the name of Larkin with him—I asked him where he was going, and he said to his son's—I went and got another son to come and see the father and the brother.
ANN LARKIN . I live in Garden-place, Westminster. On the Saturday morning, I saw the deceased come out of his gate, and I went and assisted him along the street to Mr. Painter's, the doctor's—he was not at home, and I went with deceased to the Westminster Hospital—he walked there.
WILLIAM THOMAS PALMER (policeman, B 104). I was called to the Westminster Hospital, and saw Judd, who afterwards died there—I went to the room at 2, Garden-place, and saw one of the deceased'a sons there—I produce a nightcap and a tooth which I found—the nightcap hat blood on it and smut, as if from a poker—the deceased had lost a tooth.
MARK LOOME (policeman, B 11). I went in search of the prisoner on 12th April, and on the morning of 14th he came of his own accord to the station—he was charged with assaulting and wounding his father, who was then alive—he said his father had brought it all on himself—when he was before Mr. Broderip, the Magistrate, the same day, after being cautioned, he made a statement—it is stated in my second examination—it was taken down in a book by the clerk at the first examination—(MR. BODKIN proposed to prove by the witness what the prisoner stated on that occasion. MR. BALLANTINE objected, as it was not returned in the depositions, and could only be proved by calling the clerk who took it down. The COURT allowed the objection)—I found this poker near the fire-place, and these clothes on the bed; they are covered with blood; and this pillow-case and handkerchief.
(The prisoner's statement before the Magistrate was here read—"All I have to say is, that it was done accidentally.")
LEONARD GEORGE BOOR . I was house-surgeon at Westminster Hospital when Judd was brought in—he was placed under my care—he was then sensible, and able to undress himself—when in bed I examined him, and found, on the right side of his head, two inches above the ear, a contused wound about four and a half inches long, the skull was fractured underneath, the bone slightly depressed; there was a similar wound, about an inch and a quarter long, just below it, behind the same far—there was a
wound extending from the right cheek bone, under the right cheek bone, towards the eye, at the inner angle of the eye to the bridge of the nose, and the bones of the nose on the left side were broken—there was a small flesh-wound on the cheek, over the canine tooth of the upper jaw, which penetrated into the mouth, the gum was lacerated, and the tooth gone—I examined the tooth that was found, and it was of the same sort that might have come from there—there were marks of a blow over the lower jaw, which was broken; and there were marks of a wound on the knuckle of the right-hand little finger—I think there could not have been less than three blows to produce the injuries I saw, there might have been four—they were such as might have been produced by a Heavy instrument, such as a poker—he was sixty-two years old—he continued under my care a fortnight, at the end of which time he died from the effects of the injuries.
COURT. Q. Which do you say was the fatal blow? A. The fracture of the skull—he answered questions when he first came, as to his name and age—after his death, I examined the body—I have no doubt his death was caused by the fracture and the consequences of the blows altogether on the system.
Cross-examined. Q. He was quite capable for the first three days of answering any questions you put to him? A. Yes, and in a state to give an account of how the matter happened—I asked him how it was done—he said he did not know, he was in bed at the time, but did not know—I repeated the question afterwards, and he evaded it—he seemed to have a great indisposition to answer questions of any kind.
Henry Hand, shoemaker, of 1, Bell-strtet, Vincent-square, and Henry Mould, cage-maker and wire-worker, deposed to the prisoner's good character.
GUILTY of Manslaughter. Aged 18.— Transported for Life.
MESSRS. BODKIN and CLERK conducted the Prosecution.
SUSANNAH BLANCHFIELD . I am a widow. On Saturday, 5th April, between one and two o'clock, I left the service of Mr. Skurry, of 7, Denbigh-place, Pimlico, and received half a sovereign, three shillings, and fourpence in halfpence, for my wages, which were 8l. a year—I received them monthly—I removed my two trunks the same day, and took them to 1, Ann-place, Kensington-mews, Knightsbridge, where I had a friend living—she was not at home—I left my boxes there, and proceeded across the Park to see a friend in Lisson-grove; but I altered my mind, as I had not seen them a long time, and thought I might be disappointed, and find them out—I turned back, and sat down in the Park some time; but as I was going through Knightsbridge, between seven and eight in the evening, I went up to the female prisoner, who was selling things there, and asked her if she could be kind enough to tell me of any respectable person where I could lodge for one night, as I did not wish to be out late—she called a woman, named Mrs. Jewell, and told her to take me home, and provide for me, and make me comfortable, as I could sleep with her—I went with Mrs. Jewell to 2, Exeter-place, which is near Sloane-street—I had my tea there with Mrs. Jewell and the male prisoner; after that, I sat conversing with Mrs. Jewell—after some little time, the man left the room—after that, I asked Mrs. Jewell to allow me to go to bed, as I felt very sleepy and tired—she told me I could go, and I laid down on the bed in my clothes—there was a little boy in the bed—it was then half-past eleven, as near as possible
—there was only Mrs. Jewell and the child in the room; Mrs. Jewell remained in the room while I was awake—it was the kitchen, and there was a fire—when I was between asleep and awake, I felt a hand feeling me—I felt irritated and frightened, and looked up, and saw it was the male prisoner—I was going to give an alarm, and he told me if I gave any alarm, or showed any resistance, he would smash my b—brains out—my purse was in ray pocket when I went to bed—I did not observe Mrs. Jewell standing in the room at the instant, for I was irritated, and very much frightened—there was a candle in the room—the male prisoner took the purse from my pocket, and concealed it in his bosom; I saw it in his hand—he then went and stood behind the door—the female prisoner then came to the door—she could not exactly get in, as he was standing behind it—he said, "Halloo!" and she instantly burst the door open, threw in her basket before her, flew at me, and struck me violently in the face, gave me two black eyes, and she called me all the b—w—she could possibly name—she was coming to strike me again—I put up my left hand to defend myself—she found she could not do exactly as she wished, and she turned round and seized Mrs. Jewell, who was close behind her, by the hair of her head, and jammed her backwards and forwards—she stood almost exactly between the two door-posts—she shoved her down on the floor, and pushed her knees into the pit of her stomach—her left hand was still entangled in her hair—she dragged her up from the floor again by main force, and her left hand seemed dislocated from her hair, and she threw her down with full force on the back of her head—her head made a dreadful noise against the floor—I never saw her move afterwards—the female prisoner was beating her two or three minutes—the male prisoner was standing close to her all the while—he stood still, he did not say anything, and never offered to prevent the female doing it—the female prisoner used low language to Mrs. Jewell, the same as she used to me—I gave an alarm, and the landlord and two other persons came in—as soon as footsteps were heard coming, the male prisoner commenced beating his wife—I walked out as quick as possible into the street, and made a complaint to two young men, who were standing outside—I left my bonnet and cap behind me—at seven o'clock I went to Mrs. Miller's, where I had left my boxes.
Cross-examined by MR. BALLANTINE. Q. Are either of the young men here? A. Yes, both—I am thirty-eight years old—Mrs. Jewell appeared to be about the same age—I had received my money from Mrs. Skurry herself—she is here—I have not seen my purse since—I was in the Park from between one and two and seven o'clock—I sat down in several places, as I was tired—I did not go to sleep, or have any conversation with any one—I had never seen the female prisoner before—we did not have anything besides tea—I did not find out that the male prisoner had any sort of title to the bed I laid down upon—he never took any liberties with me on the bed, or near the bed—I learned from Mrs. Jewell that the prisoners lived together as man and wife, but that they only had their meals there, and slept at another place—I did not know the bed belonged to them, exactly—I learned from Mrs. Jewell that she had been very much ill-treated by these people, and that she had been all but maciated before, and it was her intention to leave them—she told me she had 6d. a day for doing for them—I learned from her that they were living together as man and wife, but I did not know exactly that they occupied that bed—I could not tell whose bed it was; I thought it was Mrs. Jewell's—I asked no questions—Mrs. Jewell was up in the kitchen when I laid down.
MR. BODKIN. Q. Who did you understand from Mrs. Jewell was to sleep with you? A. The little boy and herself; the male prisoner left after tea—when I went to bed I had no notion that the man would come to sleep there.
COURT. Q. Did you leave your place on notice? A. I gate notice, but we did not exactly agree, and I came away before ray time.
GEORGE FINES . I am a milkman, and live in the same house as the prisoners. I knew Caroline Jewell—she also lived in the house—about one o'clock in the morning of 6th April I heard a noise in the kitchen, where the prisoners lived—I got up, and went down-stairs, and two other persons also—when I got near the kitchen I saw the female prisoner in the doorway, on her hands and knees, in the act of getting up—I did not see Jewell till I went down a second time, in about twenty minutes, and she was then dead, in the doorway, where I had seen the female prisoner—I saw the male prisoner in the act of rising from the female prisoner—it appeared as though they had been fighting, and I told them I should fetch the police if they did not desist and go to bed—when the female prisoner got up she struck the male, and he caught her by the hair of the head and struck her again two or three times—the witness Blanchfield came out of the room—the female asked her what she was doing there, and she told me they had brought her there for a night's lodging—I said she could not stop there, she had better go—Mrs. Connell said she was a common prostitute; she had come home, and caught her husband and her together—I saw her strike Blanchfield—she said she would go away if I would let her have her bonnet, and I told her to come in the morning for it—she then went to the top of the landing, and I went to my own room—in about ten minutes the male prisoner came to my room, and said he believed somebody was dead in the room, and wished me to go down and take a light to see—I took my candle, went down, and found Mrs. Jewell dead—I told him I would call some one, and he said I had better call somebody in—Mrs. Connell had then gone out, and I did not see her again that night.
Cross-examined. Q. Did Blanchfield complain of having lost a purse? A. No; she did not say a word in my hearing about having been robbed—she only asked for her bonnet, and I told her to come in the morning—she went away without making any complaint—the female prisoner called her a prostitute—Blanchfield did not say anything to that—she appeared to be very frightened—Mrs. Connell said in her presence that she had found her husband and her togethrr—Blanchfield did not say anything to that—she had on a plaid shawl—I did not notice whether her dress was undone or not—the prisoners lived and slept together in the room where this happened, and Mrs. Jewell with them—I believe she was their servant.
MR. BODKIN. Q. Did they all and the child sleep in one bed? A. Not in the same bed; there were two beds, but both on one bedstead—I never was in the room before this—there are six rooms in the house—I keep the house—the prisoners had no other room but that—they have lodged there a month, and paid 5s. a week—the child is six years old—Connell has been working at the Exhibition, and the woman sold things.
THOMAS MITCHINER . I am potman at the Prince of Wales public-house, Exeter-street. On this Saturday night, or Sunday morning, I heard a noise at thit house, went, and saw Blanchfield in the passage, and saw Mrs. Connell strike her three times in the face—I saw her pushed out into the court—I walked with her to the end of the court, and she made a complaint to me of what had been done to her.
Cross-examined. Q. Were you examined before the Magistrate? A. No; I was before the Coroner—I did not observe Blauchfield's dress.
Caroline Jewell there—she was quite dead—I saw a mark on the bridge of her nose; her mouth was nearly full of blood, and a little running from one corner of her eye, and from the nose—the male prisoner and a little boy were then in the room—I told him it appeared to me to be a very serious affair, and it appeared there had been a great quarrel, or row, in which it appeared the woman had lost her life—he said that the woman had croaked about a quarter of an hour before, and she was soon a stiff-un, but he had not struck her; she fell down, and he knew nothing more of it—I told him be must consider himself in custody.
MR. BALLANTINE to MRS. BLANCHFIELD. Q. Did you tell Thomas Mitchiner that you had been robbed? A. I told two persons; he was one of them—I said one woman was lying dead at my feet on the floor—I did not say I had left the woman dead drunk on the floor; but in my irritation and fright it might have been taken for that—I did not say anything about its being a disgusting place, or about any violence having been offered to Jewell—I was glad to make my escape with my life—I was so frightened that I scarcely spoke, or took any notice of any one for three days afterwards—I did not tell Mitchiner I had seen the woman beaten—I said I had been robbed, and very much ill-used, and there was a person lay dead on the floor.
MR. BALLANTINE to THOMAS MITCHINER. Q. Did Blanchfield tell you it was a disgusting place, and that one woman was lying dead drunk on the floor? A. She did; I am quite positive of it—I was examined before the Coroner—I am quite positive she said "dead," but will not be positive about "dead drunk."
MR. BODKIN. Q. Was she very much agitated at the time? A. Yes.
ROBERT M'KENZIE (police-inspector). About half-past one o'clock, on the Sunday morning, the male prisoner was brought to the station in custody—the policeman charged him with causing the death of Mrs. Jewell—I explained to him the charge, and he said, "I have not caused her death at all; my old woman came home, found a strange woman in the room, and we had a row; whether Mrs. Jewell stood up between us, and whether I struck her or not I do not know"—about a quarter of an hour after the little boy was brought in, and, in answer to a question I put to him, he said his mother had pushed Mrs. Jewell down, and she went dead—the male prisoner exclaimed, "You b—b—, is that all you are going to say?"—the woman was brought in about half-past seven in the morning—I had the male prisoner brought from the cell and placed with her—I told her she was charged, in conjunction with her husband, with causing the death of Mrs. Jewell—she said she came home, and found Mike with a strange woman; she had a row with her husband, and was obliged to leave the place, and Mrs. Jewell was not there at all—Langley and Fines were examined, in her presence, at the station, and, after hearing them, she said, "If any person has killed Mrs. Jewell it is my husband.
Cross-examined. Q. Is it usual for you to examine the witnesses in the presence of the person charged? A. Exactly; how are we to arrive at the nature of the charge otherwise?—that is our usual practice, if we think it necessary.
EDWARD SYMES (policeman). In consequence of information, I went to a room in Hooper's-court, Knightsbridge, and found the female prisoner in bed there, with two men—she was dressed, except her boots and stockings—as soon as I got into the room she drew the bedclothes over her head to hide herself—I went up, pulled the clothes off her head, called her by her name, and told her I wanted her—she said, "Dear me, what do you want me for?"
—I told her I supposed she was well aware what I wanted her for—she said, "Is it for hitting that woman?"—I said, "That is just what I have come after you for"—she got out of bed, put her boots and stockings on, and we went away towards the station—on the way I told her her husband was in custody, and that Mrs. Jewell was dead—she seemed very much surprised that Mrs. Jewell was dead, and said that she did not mean, by "bitting that woman," that she had hit Mrs. Jewell; it was a woman that she had found in a very improper position with her husband, and she had not seen Mrs. Jewell since last night, between eleven and twelve o'clock, in Queen's buildings, and she gave her some money to buy some bread and meat, coals, and butter; and that Mrs. Jewell was not in the house when her husband and her were fighting—when I said her husband was in custody, she said, "Oh, that b—b—would not mind killing anybody."
FREDERICK SOTHEBY MULLER . I am a surgeon. I examined the body of Caroline Jewell, on the Wednesday or Thursday after the death—compression of the brain was the cause of death—there was lesion of one of the vessels of the brain—castiog on the floor, or beating and struggling, and a blow of the head struck on the floor, would be likely to produce that injury—the body in other respects presented a healthy appearance.
Cross-examined. Q. Were there any external marks of violence? A. There was a slight wound on the bridge of the nose; that had nothing to do with her death; she died of concussion of the brain, and compression afterwards—concussion would bring the blood to bear too heavily on particular vessels—there was extravasation of blood at the back of the head—there was no external violence that accounted for the lesion of the vessel—I found nothing to denote she was of intemperate habits—she was well formed and healthy, not attenuated in the slightest degree—there was no appearance of ill-usage except the injury in question.
THOMASINE SKURRY . Susannah Blanchfield was in my service, and left on 5th April, between one and two o'clock, when I paid her 13s. 4d., a months' wages—she had been in my service since 22nd Dec., and twice before, about twelve months altogether.
Cross-examined. Q. Had she been very busy the morning she left? A. I do not think she had—she had not been up all the preceding night, to my knowledge—I know of nothing to fatigue her.
MR. BODKIN. Q. Was she your only servant? A. Yes; she left because Mr. Skurry discovered she had been drinking—she had signified her intention to leave a fortnight before—she cleaned the place and so on before she left—I have two daughters and three young gentlemen boarders in the house—there are eight or nine rooms—only myself and husband dined at home.
SARAH MILLER . I live at 1, Ann's-place, Kensington-mews, and am a widow. I have known Blanchfield about five years—on this Saturday evening I was out at work, and when I returned I found some boxes, which were afterwards claimed by Mrs. Blanchfield—she came on the Sunday morning, about seven o'clock—she seemed to have been very much knocked about, and in a state of stupefaction from the ill-usage—she complained to me of ill-usage—she had no bonnet or cap.
Cross-examined. Q. Had she been married? A. Yes; her husband is living—I did not know of her living with the Connells.
ANN CONNELL— GUILTY . Aged 30. Confined Two Months, the last week Solitary.
MICHAEL CONNELL— NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
SUSANNAH BLANCHFIELD . I am a widow. I was in Mr. Skurry's service up to 5th April, when I received 13s. 4d. for a months' wages, which I put into a leather purse—I did not put that exact money in, but I put a half-sovereign and two half-crowns—the half-sovereign was to pay a debt with—about seven or eight o'clock in the evening, I spoke to the female prisoner in Knightsbridge, and by her direction accompanied Mrs. Jewell to a house in Exeter-place—nothing was settled as to what I was to pay for my lodging, but I intended to have tendered 1s. for it and my breakfast in the morning—I had tea there with Mrs. Jewell—the male prisoner was there, and afterwards went out—about half-past eleven, I laid down on the bed with my clothei on—I had my purse then safe in my pocket—after I had been in bed some time, my attention was called by the male prisoner feeling about me—he held his left-hand fist clenched over my head, and with his right hand felt for my pocket—I was going to screech, and he said if I made any alarm, or showed any resistance, be would smash my b—y brains out—I saw my purse in his hand, and he concealed it in his bosom—the money I had loose in my pocket remained—the child was lying on the bed, and there was no one in the room but the prisoner, the child, and me—Mrs. Jewell must have been a very little distance from the room—Mrs. Connell came in, and flew into a dreadful rage, and afterwards Mrs. Jewell came in—I screamed when the struggle commenced between Mrs. Jewell and the woman, and the landlord and two other persons came down—I went out of the house—when I got outside, I saw Mitchener and another young man. and told them I had been robbed and very much ill-used—I was scarcely able to speak, but I recollect telling them that on the Sunday morning I went to Mrs. Miller's, and told her I had been robbed and very much ill-used.
Prisoner. Q. Did not you want to buy a pistol of me? A. No; I did not send you for any gin—I did not ask you to go to bed with me—I did not tell you to stop till I undid my drawers—you pould not have known I wore drawers only by robbing me—I did not undo them, or even take my shawl off—I have no recollection of a person of the name of Joy being there—I saw no female except Mrs. Jewell—there was no gin brought—I had had a glass of porter at four o'clock.
MR. BODKIN. Q. Had you drawers on? A. Yes; my pocket is the next thing but one to my drawers—a person attempting to put his hand to my pocket would find I had drawers.
THOMAS MITCHENER . I saw Blanchfield on the Sunday morning—she appeared perfectly sober—she had no bonnet on, and her shawl was over her head—she said she had been robbed of her purse, and that it was a good job she had not taken her boxes there.
GEORGE TEWSLEY (policeman, B 17). About one o'clock on the morning of 6th April, I received information of the death of Caroline Jewell, went to a house in Exeter-place, and took the male prisoner—I searched him at the station, and found no purse on him—I did not then know of any robbery having been committed.
(Thomasine Skurry, Sarah Miller, and George Fines, gave the same evidence as in the last case.)
The prisoner called
Prisoner, and know the kitchen he occupied—on 5th April, was there about half-past six o'clock in the afternoon, and brought Blanchfield to the house—I brought her from the prisoner's wife in Knightsbridge, by her direction—the prisoner came home in about ten minutes—Mrs. Blanchfield sent me out for two 6d.-worths' of gin, and I had a share of it—the prisoner had some the second;—Mrs. Blanchfield looked at an old pistol, and asked the prisoner if he would sell it;—he said, "Yes, will you give two shillings?"—she said, "No"—he said, "One shilling?"—she said, "Yes" put her hand into her pocket, and laughed, and said, "Well, I have not got enough money to pay you?"—I left about ten minutes to seven with the prisoner's wife, and left them there and Mrs. Jewell.
MR. CLERK. Q. Are you married? A. No; I live with my father, mother, brother, and sister—Mrs. Blanchfield drank some of the gin—Mrs. Jewell was at the fire when I brought Mrs. Blanchfield in—Mrs. Connell came to my house about two o'clock on the Sunday morning—it was there the was found in bed with two men; they were my father and brother—I picked up Mrs. Connell's cap in the morning; it had hair in it—I showed it her, and she told me to burn it—it was much lighter than her own hair—Mrs. Jewell's hair was light—I burnt it.
GUILTY . Aged 28.— Transported for Ten Years.
Before Mr. Baron Alderson.
GUILTY . Aged 38.— Confined Eighteen Months.
NEW COURT.—Thursday, May 15th, 1851.
PRESENT—MR. Ald. HOOPER, Mr. RECORDER, and Mr. Ald.
Before Mr. Recorder and the Sixth Jury.
GUILTY . ** Aged 17.— Transported for Seven Years.
GUILTY . Aged 32.— Transported for Seven Years.
1114. WILLIAM HENRY HENLEY , stealing in the dwelling-house of Thomas Andrews, 1 pair of boots, and other articles, value 27s.; and 2 hillings, 6 sixpences, and 36 pence, his property; and afterwards burglariously breaking out of the said dwelling-house: and also stealing 1 gelding, price 4l.; the property of William Richard Pancutt: to which he pleaded
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 25.—(see page 67.)
GUILTY . Aged 20.— Confined Four Months.
1118. CHARLES MEYER , stealing 1 purse, value 2s. 6d.; 30 sovereigns, and 4 pieces of foreign gold coin, value 5l. 5s.; the property of Robert Bayman, in the dwelling-house of John Edward Lovegrove: to which he pleaded
GUILTY . Aged 20.— Confined Twelve Months.
WILLIAM BOWLES . I am gardener and bailiff to Lady Fuller, at Ruyslip. On Thursday, 24th April, I received three 10l.-notes at the Uxbridge Bank—on the following Tuesday I paid two of them into the Uxbridge Savings' Bank—the other note I put into my breeches pocket—I examined it when I got home, and put it into my pocket again—I cannot say how it got out—I did not examine my pocket again till the Wednesday afternoon—I went to chapel on the Tuesday evening, and got home about eight o'clock—when I went to bed I laid my breeches by the bedside, and put them on again next morning without examining them—on the Wednesday I was at work in the garden the whole day—there was no hole in my breeches pocket—the note was loose in my pocket—if I had not lost it I should have had occasion to have paid it away to the corn-man—I believe the prisoner lives at Ruyslip—I know but little of him—he never worked for me.
THOMAS MUROSS . I am a stableman, and live at Uxbridge. I have seen the prisoner about—on Wednesday morning, yesterday fortnight, he came to me early, and said he wanted change for a 10l.-note—I said, "Who for?"—he said, "For my master, Mr. Bowles"—I said, "On what bank?"—he said, "Uxbridge"—I said that bank would not be open till nine o'clock, but any one would cash it—I told him to go to Mr. Homewood's—he went there, and then to another place—I afterwards went with him to Mr. Tyler's public-house—he called for a pint of half-and-half, and said, "I want change for a 10l.-note"—Mr. Tyler asked him, "Who for?"—he said, "For my master, Mr. Bowles"—Mr. Tyler said, "If it is the bailiff, Mr. Bowles, the only thing I can do is to give him two fives for it," and he gave him two 5l.-notes—I saw the prisoner give Mr. Tyler this 10l.-note—it looked like an old note of the Uxbridge Bank—it was wet, and it looked as if it had been torn in two, and spliced together again with a bit of paper at the back of it—I made a remark that it was wet, and the prisoner said he pulled it out of his pocket in coming by Clark's pond, and it blew out of his hand, and he was obliged to put his foot on it to prevent its going into the water.
Prisoner. I never mentioned Mr. Bowles's name; I said my master's name was John Cole. Witness. I was not certain whether he said to me Bowles or Cole, but when he spoke to Mr. Tyler, I am certain he said Bowles.
SAMUEL TYLER . I keep an inn, at Uxbridge. The prisoner came to my house on Wednesday, the last day of April, at a quarter before seven o'clock in the morning—he called for a pint of half-and-half, and said, "I want change for a 10l.-note, can you manage that for me?"—I said, "I don't think I can; let me look at it"—he pulled it out of his pocket—I observed it was very damp—it had been cut in two, and fastened together with a piece of paper at the back, and owing to the dampness it had got nearly torn in two
again—I said, "How did it come wet?"—he said, "In coming across Mr. Clark's field, it blew out of my hand, I was obliged to run, and put my foot on it in the grass to prevent its blowing into the pond"—I said, "Who is this change for?"—he said, "For my master, Mr. Bowles"—I knew Mr. Bowles as steward and bailiff to Lady Fuller—I gave the prisoner two 5l. Bank of England notes for it—when he said it was for Mr. Bowles, Muross said, "I suppose it is right"—he told me the same in the market-place—I afterwards gave the same 10l.-note to the policeman—I have not got my two 5l.-notes back—there was 4l. 10s. found on the prisoner, and a new suit of clothes that he bad bought with the money.
Prisoner. I said Mr. Coles. Witness. No; he said Mr. Bowles—I should not have changed the note had he not done so.
FRANCIS GOUGH (police-sergeant, I 24). I apprehended the prisoner on 2nd May, at a public-house, at Ruyslip—I told him it was for appropriating to his own use a 10l.-note that he had found—he took out of his pocket four sovereigns, three half-crowns, one sixpence, and 1s. 3 1/2 d. in copper—he said he had not found any 10l.-note—the money he had got was his own—I took him to the station, and Mr. Bowles came there—the prisoner then said he found the 10l.-note opposite Mr. Long's gate, about the centre of the road—he afterwards said he found it near Mr. Powell's—they are both near Mr. Bowles's.
GEORGE GIBSON LYNN (policeman, T 197). I produce the 10l-note, No. 80931, which I got from Mr. Tyler—(the prisoner's statement before the Magistrate was here read:—"On Wednesday morning, about five o'clock, I was coming by where Mr. Bowles lives—I saw a piece of paper, I kicked it over, and saw it was money—I found it was a note—I came to Uxbridge, and met a young man—I asked him if he could read—he said, 'Yes'—I pulled out the note, and he said it was a 10l.-note, and a good find for me—I saw Muross, and we went to Mr. Tyler's—I never mentioned Mr. Bowles's name—he gave me in change two 5l.-notes—I came by it honestly—I thought, when I found it, it was my own.")
NOT GUILTY .
GUILTY . Aged 25.— Confined Three Months. (There were two other indictments against the prisoner.)
MR. EWART conducted the Prosecution.
JAMES MAYO (policeman, B 236). On 17th April, about half-past eight o'clock in the evening, I was on duty in High-street, Pimlico—I saw Ann Maloney go to the prosecutrix's house, No. 22, and she received a bundle from a female—I followed her, and asked where she had got that bundle—she said she had it from Sloane-street—I asked what it contained—she said some pieces of bread—I felt a piece of soap in it, and not feeling satisfied took her to the station—I there found it contained bread, meat, two eggs, a teacup, and some butter, some dripping, a teacloth, a pinafore, and some soda and soap—I left her ut the station, and returned to the prosecutrix's house, and, in consequence of what 1 stated, the prosecutrix gave Maria Maloney in charge—I told her what she was charged with—she said it was a bad job, and it was the first time—on the way to the station, she asked me
if I had opened the bundle—I told her I had, and she mentioned the various articles the bundle contained—she did not say anything else in particular that I recollect—I produce the cup, the soap, and soda.
Cross-examined by MR. COCKLE. Q. Did you see the person at the door? A. I saw a female, I did not see who it was—I could not swear it was Maria Maloney.
MARY BLAIR . I am a widow, and reside at 22, High-street, Pimlico. Maria Maloney was my cook, and had heen so from 6th Feb.—this cloth is the only thing that I know—Maria Maloney had charge of such things as were in this bundle—she had full charge of everything—I had articles of this description in my house—I know this cup; it is an old-fashioned china cup—I have others like it—I had never given authority to Maria to give away broken meat out of my house—I had no other woman-servant, but a little girl fourteen years old—the meat in this bundle was cold boiled beef, and a new loaf the prisoner had cut in two—her wages were 12l. a year.
Cross-examined. Q. You had never seen this soap? A. I had seen a similar piece to this—this is the sort of soap I use—I last saw the bread and meat at the police-office—this towel has a mark on it—I had a written character with Maria Maloney, for three months, and there was enclosed a character that Lady John Somerset had received with her—I did not read it, but I was told it was for two years—she had no authority from me to give Anything away—I found her in everything; tea, beer, and washing—Ann Maloney had no business in my house that I know of.
MARIA MALONEY— GUILTY of stealing. Aged 30.
ANN MALONEY— GUILTY of receiving. Aged 30.
Confined One Month.
(Recommended to mercy by the Jury.)
NOT GUILTY .
MR. WOOLLETT conducted the Prosecution.
WILLIAM THOMAS EYRE . I am overseer to Mr. Charles Barlow and two others. They carry on the printing business in East Harding-street—Symmonds was in their employ for six or seven weeks—I missed some back numbers of the "Patent Journal"—I had missed some for ten days before 24th April—these are some of the numbers—I cannot tell what quanity was missed—we have traced nearly 5 cwt., which we valued at 140l.—we sell the back numbers at 6d. a number—the first I saw of the papers which are connected with this indictment was at Mr. Hembury's, a shellfish dealer in the Strand, and I saw some at Mr. Hilsdon's—they were claimed by me, and given up to the officer—I can swear to these by the wrappers and the manner in which they were put away—they are packed in quires of twenty-five—the men who bought them of the boys took the wrappers off.
DANIEL MAY (City-policeman, 357). At half-past twelve o'clock on 24th April I went to Red Lion-court, where Nyren resides—I told him I wanted him for stealing paper in company with Symmonds; he said, "Yes, I took the paper, but I did not sell it"—I took him to the station, and placed him by the side of Symmonds—Symmonds said that they had taken some paper on Saturday night last, and on Monday—he said, "We took it in a truck, to a shop in Clare-market"—he said Nyren came to the premises, and took the paper from the passage—when I was going from the Compter to
Guildhall in a cab, I had a quantity of paper in the cab, with Nyren; he said, "I did not take all this," but, pointing to one of the parcels, he said, "This is the parcel I took, with some other parcels in wrappers"—I went to Mr. Hilsdon's; he was not at home—I received these two letters and some tickets belonging to the Arts' Society, of which Mr. Barlow is a member—I called there again, I believe, the same evening—I saw Mr. Hilsdon, and I received some "Patent Journals" from him—none of them are here—this paper (produced) I saw the same evening, and I believe I received it the next day, from Mr. Hicks, in Panton-street, Haymarket—Mr. Hicks is not here.
CHARLES, HILSDON . I am a waste-paper dealer, at 4, Beer-street, Clare-market. I have bought numbers of the "Patent Journal" from Symmonds—he came sometimes by himself, and sometimes he brought a lad with him, of the name of Bunting—on Easter Monday Nyren and Buntiag brought a truck; it contained some of the paper now produced—there was 101lbs. of it—while I was out that afternoon, Symmonds came, and re-weight weighed the paper, and made it 106lbs.—when I paid him that afternoon, he said it was 106lbs.; I said it was only 101lbs.—I paid him 13s. 6d. for it; that was rather between the two weights—he had given me this address, which he said was his brother's: "John Frazer, Frederick-street, White-chapel "—he said his brother had got very nearly two tons' weight of paper—he said his name was William Frazer, and he was keeping his brother's books—he signed his name William Frazer—I sold part of the paper to Mr. Hicks, at the corner of Panton-street, Haymarket, about 60lbs. of it—this is part of the paper.
Nyren. Q. Did I ever receive any money from you for paper? A. No.
(Nyren received a good character.)
NYREN— NOT GUILTY .
SYMMONDS— GUILTY .
Aged 17.— Confined Six Months.
(No evidence.) NOT GUILTY .
THIRD COURT.—Thursday, May 15th, 1851.
PRESENT—Mr. Ald. HOOPER; Mr. Ald. FINNIS; and Mr. COM MON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
GUILTY . Aged 12.— Confined Fourteen Days and Whipped.
GUILTY . Aged 38.— Judgment Respited.
(James Labour, a coppersmith, of 92, Houndsditch, and Oulson, his
foreman, gave the prisoner a good character.)
1127. JOHN MAHONEY and JOHN BRYAN , stealing 1 purse, value 2s.; 1 half-crown, and 3 sixpences; the property of Emma Draper, from her person: another COUNT, charging Bryan with receiving; Mahoney having been before convicted.
EMMA DRAPER . I am cook, at Bayham-terrace, Camden-town. On 15th April Mahoney came up to me in Mornington-place, with a basket of oranges—there was another boy a few steps before me—I said I did not want any—I felt a tog at my gown; a girl told me something; I turned round, and laid hold of Mahoney—I missed my purse, with a half-crown and three sixpences in it—it was safe twenty-five minutes before, when I was in a shop—I charged Mahoney with having it; he said he had not got it—he was taken to the station—this is my purse (produced).
EMMA GARDEN . I was in Mornington-place, and saw Mahoney go up to the prosecutrix with a basket of oranges, put his hand into her pocket, take out this purse, and slip it into another boy's hand, who ran away—I never saw him again—it was not Bryan—Mr. Tibbey afterwards brought Bryan to us, who gave the purse to Mr. Basham.
GEORGE BASHAM . I saw Bryan brought up by Tibbey, and said I was sorry to see a decent boy like him live by that kind of life, and asked him to give me the purse; he declared for several minutes he had not got it, but afterwards he gave it to me—this is it—he said he found it behind a lamp-post.
THOMAS TIBBEY . I was in my cart, and saw Bryan changing jackets with another boy—I followed him to the top of Stanhope-street, jumped out, and laid hold of him—he said he had not done anything—I gave him to Basham.
Bryan's Defence. I was with a person who picked up the purse. HENRY BINOHAM (policeman). I produce a certificate—(read—Clerkenwell—John Mahoney, convicted Oct. 1849—confined six months)—I was present—Mahoney is the boy.
MAHONEY— GUILTY of stealing. Aged 15.— Transported for Seven Years.
BRYAN— GUILTY of receiving. Aged 16.— Confined Twelve Months.
GEORGE REED FEUILLADE. I live in Chard-street, St. James's. The prisoner was in my employ about six months—I gave her into custody there, on 25th April—I believe these two sheets (produced) to be mine, by the general appearance, fabric, and texture, but the name has been torn off.
Cross-examined by MR. WOOLLBTT. Q. You are an hotel-keeper? A. Yes; I have a private house at Fulham, where I have from eleven to thirteen servants—they do not go to the Hotel when we are busy—I have twenty-three thre servants at the hotel—I have about 200 sheets—they are not disposed of when worn out, but are appropriated to various purposes—I cannot say when these sheets were safe.
HENRY EDWARD BONHAM. I am assistant to Mr. Young, a pawnbroker, of Princes-street. I produce a sheet pledged by the prisoner, on 19th April—I am sure of her, I had seen her before—she came again on the 24th, and brought this other sheet, with the corner cut off—I asked her if it was her property—she said, "Yes"—I went to see my master about it, and when I came back she was gone, leaving the sheet.
Cross-examined. Q. Did she give her name and address? A. Yes, but it was not correct.
JESSE JEAPES (policeman, C 146). I took the prisoner on 25th April, and told her the charge was stealing a sheet and a wrapper—she said she knew nothing about it—I took her to Bondham, who said she was the person; she said it was false. (The prisoner received a good character.)
NOT GUILTY .
EDWARD ADLAM . I am groom, to James Garth Marshall, of 37, South-street, Grosvenor-square. He has stables at 1, King's Mews—on 12th April, about ten minutes or a quarter-past eight o'clock, I was in the stables, and heard two men come up to the door, and lift the latch—I heard them whisper—I was sitting on a truss of bay—they came about half-way up the stable, struck a light, and went into the harness-room—they went outside the door—I tiptoed up the stable, and caught Simmons by the neck—he appeared to be folding up some clothes—the other ran away—I and Simmonds had a tustle—he got away thirty or forty yards, when I saw him stopped—I went back, and found a bundle, containing this great coat (produced), a great coat of Mr. Marshall's, another coat, and a stable-jacket, value 3l. 10s.—I had seen them safe in the harness-room at half-past seven o'clock, and I had been in the stable from that time—I cannot say whether Moore is the other person.
JOHN ROGERS (policeman, C 319). I was on duty in South-street, heard a cry of "Stop thief!" and saw Moore running towards me, in a direction from the stable—he had a bundle under his right-arm, which he threw down in the middle of the street—I caught him—he would have to pass where I was standing to get from King's-mews to Reeve's-mews—I was going towards Reeve's-mews.
SIMMONS— GUILTY . MOORE— NOT GUILTY .
1130. GEORGE SIMMONS , and GEORGE MOORE , were again indicted with ELLEN MOORE , and MART VASS , for stealing 3 pairs of boots, 1 pair of gaiters, 1 coat, 1 hone, and other articles, value 2l. 3s. 6d.; the goods of George Barker.—Other COUNTS, charging ELLEN MOORE and VASS with receiving. MR. PAYNE conducted the Prosecution.
GEORGE BARKER . I am in the serviee of Sir Henry Duckinfield, and live at 33, Belgrave-mews. On 31st March I had in the stable a coat, waistcoat, four pairs of boots, two pairs of gaiters, three handkerchiefs, a snuff-box, two jackets, and one pair of scissors—these boots, jacket, sniff-box, and hone, are mine, and were safe at eight o'clock.
JOSEPH EASTERBEE . I live at 10, David-street, Marylebone. My son is groom to Lord Byron, and lives in Belgrave-mews—on 31st March I was in the stable from eight till a quarter-past, and saw Moore and another, about Simmons' size, standing by the lamp nearly opposite the mews.
JOHN ROGERS (policeman, C 319). On 12th April I saw Moore running in South Audley-street—I pursued him—he dropped a bundle—I took him into King's-mews, searched, and found on him seven duplicates; three of them correspond with the goods produced; also these stable-keys—these smaller keys were found on Simmons.
the female prisoner came, and spoke to the men as they got into the van—I followed them into Oxford-street—they got into a bust and I got outside—they got out at the Bank, and walked to 23, Half-moon-street, Bishopsgate—I followed them; they went in—I remained outside for a quarter of an hour—Moore came out with a large basket and cap-box—I stopped her, and asked her what she had got; she said Mrs. Vass had given them her to take to her lodgings—I said I must take her to the station—she begged very hard to be let go, and said the men at Marl borough-street knew nothing about the robberies—I then went to search Vass's place—I saw her crossing Bishopsgate-street, with two large bundles—she went to 12, Fleur-de-lis-street—I gave her into custody, went in, and asked the landlady if Moore lodged there—she said, "Yes"—I found in the box and bundle which Moore had, a quantity of duplicates, one of which is for a coat, also a pair of top-boots, a snuff-box, hone, miniature, handkerchief, and a pair of Wellington boots, all of which have been identified by Barker—I found at Vass's lodgings a pen-knife, which Barker has identified.
Vass. Q. Did not you find a skeleton-key on me? A. No, it was in a box which Moore was carrying.
George Moore's Defence. The female prisoners know nothing about how I came by the things; they pawned them by my direction.
Ellen Moore's Defence. He gave them to me, to pawn; I did not know they were not his.
Vass's Defence. Simmons does not know anything about the property; they were brought to my place, for me to take care of. SIMMONS and
GEORGE MOORE— GUILTY .— Confined Twelve Months each.
ELLEN MOORE and VASS— GUILTY of receiving— Confined Six Months
GUILTY . Aged 40.— Confined Three Months.(It was stated that he bore a good character.)
GUILTY , ** he stated that he was in extreme distress. Aged 36.— Confined
ALERED THOMAS BURRELL . I am a stationer, of Buckingham-street, Strand. On 28th April, about half-past ten o'clock in the morning, I received information from my foreman, and went to my office—about two I saw the prisoner there, and gave him in charge—this paper (produced) is mine—I only know it by the weight and size—I had such—the prisoner had no right to take it out of my office—he never offered me any paper for sale.
THOMAS EDWARDS . I am copper-plate printer to Mr. Burrell. On 28th April, about half-past eight o'clock, I was at work in the office—the prisoner came in and said he had ten quires of paper over, which he should make money of—I said, "The paper does not belong to you; do not take it out," and he said, "I have got a person named Blake, who knows where to sell it"—I said, "If you take it out there will be a bother about it"—it was then lying on a bench—I do not know whether this is it—I went out of the room, came back infive minutes, and he was gone, and the paper also.
Prisoner. Q. There was other papers in the establishment besides this? A. Yes.
EDWARD BLAKE . I am a copper-plate printer, of Pitt-street, Old Kent-road. On 28th April, about nine o'clock in the morning, I called on Mr. Burrell, and was too soon to see him—I went to a public-house—the prisoner came in; I had seen him about three times before—he said he had had a very bad loss, Mr. Burrell stopped 10s. for spoiled work and paper; that he offered it to Mr. Burrell for 3s., who told him he had better sell it where he could—he went out and returned with a parcel wrapped up in an apron—I went out with him, and the paper was sold for 10s. at a butcher's in Leather-lane, by a lame man, while the prisoner stood outside—I think this is it—I lifted up the apron and saw one corner of it—I saw no money pass, but they went into a public-house together, and I informed Mr. Burrell.
Prisoner. Q. Did not you take the paper anywhere? A. I went into a place in Hatton-wall with it, and made the pretence of asking for employment.
BENJAMIN BURTON (policeman, F 39). I took the prisoner, and told him the charge—he asked to see Mr. Burrell that it might be settled, and said if Mr. Burrell looked in his accounts he would find it was all right—I went to the butcher's shop and found the paper.
Prisoner's Defence. Ten shillings was stopped from my wages; it was suspected that the damage would be 10s.; 3s. was struck off my bill for the value of the paper; I said, "Well, Sir, do yon require to stop me all, this week?" he said, "No, I will make it as easy as I can for you," and it was agreed that I should pay so much a week; such paper as this is used in many establishments in London.
MR. BURRELL re-examined. I had not stopped a halfpenny from the prisoner's wages; it is false—he offered me some printed paper for sale, but not this—I did not tell him he might take it and sell it where he could—he was entitled to no extras—a ream of paper was given out to him, but he only printed half of it; he never brought the other half home—I do not think he would have done this had he not been drunk all Sunday.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
WILLIAM SCALES . I am collector to George Brown, of Gloucester-terrace, Whitechapel—he keeps a general linen-draper's and furniture shop—th prisoner dealt there nearly two months. In March she ordered a carpet, and desired that her room might be measured for it—I measured it, and on 22nd March I took a carpet for her approval to the direction she gave, 17, Chapel-place, Vere-street, Oxford-street—I saw her there on the day I measured for the carpet—a female opened the door, and I left the carpet in the hall with her, and did not see the prisoner—it was in a roll, not made up—I called for it on the Monday morning at ten o'clock, and found the house empty; it was furnished when I went there on Saturday—I went again next morning and received this address from Darlow, who lived on the second-floor—it is "17, Southampton-street, Pentonville"—I went there, and found the house occupied by respectable people, who had occupied it some time, and who did not know the prisoner—on 14th April I went with a policeman and found the prisoner living at 72, Harrison-street, Clerkenwell, in the name of Ready—I told her I had called to fetch away the carpet; she said she had not got it—I gave her in charge—she then said it was in the back room, and the constable then fetched it out—I measured it at the station and found rather better than twenty-one yards—there had been twenty-four and
a quarter—I had not measured it first, but the warehouse mark, 24 1/4, was on it—the week before the carpet was ordered I applied to the prisoner for money on her account, and she paid me 10s., and she paid me some after that—if the carpet had been made up I should not have left it without some of the money being paid, but it was left for approval.
Cross-examined by MR. BALLANTINE. Q. Is this a tally-shop? A. Yes—there is no one here who can tell what the length of the carpet was when it left the shop—the prisoner represented herself as Mrs. Fulcher—I treated her as a married woman—we always look to the husband for payment when we can see him—if we wanted to recover, the husband would have to go to the County Court—the order for the carpet was given to me three weeks before—I do not know that she called several times and complained that it had not been sent—she has paid altogether a little over 4l., and between 9l. and 10l. was due, without the carpet—we trusted her to that amount—I was received after the order for the carpet was given—I know Martha Sanders; she is a customer in the tally line, there is nothing else at our shop—she recommended the prisoner to us—I asked her where the prisoner had gone—I did not tell her I had let her have a carpet and a fender on her paying 1l. down, or that if I did not find her, the remainder would be out of my pocket; I said it was very likely I should lose my situation, and have to make it good—I have been in business on my own account as a tallyman—I did not get into difficulties or run away; it did not answer, and I took a situation.
MR. METCALFE. Q. Has any person, called the husband, interfered at all? A. No; she ordered things and paid money herself.
HENRY TAYLOR . I live in Vere-street, Cavendish-square. A few days before Christmas I let a house to a person named Gwynn—a few days after Christmas I found the prisoner in possession—the rent was to be paid quarterly—I did not go inside it, but could see that the first-floor was furnished—I could not see the second—I went on 29th March and found it empty—I got no rent.
Cross-examined. Q. Do you know what the prisoner's husband is? A. No.
THOMAS DARLOW . I am a tailor. In March last I took the second-floor of the house in Chapel-place of the prisoner—she occupied the ground-floor—I never went into her room—I have seen some furniture in it from the door. On 24th March, between seven and eight o'clock in the morning, the prisoner called me down-stairs and told me she was going to leave the house—there was a gentleman in the passage, Mr. Gwynn, who said he was the landlord, and was coming to live there in the course of a week—I did not see the things moved; I heard the van come, and afterwards saw the rooms empty—the prisoner gave me three pieces of paper with her address on them; I gave one of them to Mr. Scales—she left, and I did not see her again—Gwynn did not come to take possession; a man came next morning for some coals belonging to the prisoner—I left the house a fortnight afterwards.
Cross-examined. Q. Had she a couple of children? A. Yes.
WILLIAM CHRISTIAN (policeman, U 739). On 24th April I went to the house in Harrison-street, and found the prisoner—Scales said, "I have come for the carpet"—she said, "I have not got it"—when she found she was in custody, she said, "If I bring you the carpet will you be satisfied?"—he said no, as there was a gang of swindlers going about to defraud tradesmen, and he was determined to have them up—I went into the back-parlour and found the carpet under a shelf.
Cross-examined. Q. Did not she point it out to you? A. I will not be certain.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 24. (—Mackie and William Browning, of 22, City-road, and William Sneed, merchant, of Finsbury-square, gave the prisoner a good character).—Recommended to mercy.— Judgment Respited.
GUILTY . *† Aged 18.— Confined Twelve Months.
OLD COURT.—Friday, May 16th, 1851.
PRESENT—Mr. Baron ALDERSON; Mr. Justice TALFOURD; Mr. Ald. HUNTER; Mr. Ald. LAWRENCE; Mr. Ald. CARTER; and RUSSELL GURNBY, Esq.
Before Mr. Baron Alderson and the First Jury.
NOT GUILTY .
Before Mr. Justice Talfourd.
MR. COOPER conducted the Prosecution.
HANNAH FOLEY . I live at 3, Lord's-court, Crown-street, Soho. The deceased, Julia Foley, was my sister—she was thirteen years old. On Saturday night, 5th April, about half-past eleven o'clock, I was standing in Newport-market selling things—my sister was on the other side of the way standing outside the basket, minding it—the basket was off the kerb—she was serving a lady with onions—I saw a Tan coming along very fast—I could not see who the driver was—I saw the horse knock my sister down, and the wheels went over her—the street was lighted with gas—it was a clear night—there were persons standing in the street selling things on both sides of the way.
Cross-examined by MR. O'BRIEN. Q. How for were you from your sister? A. About a yard—the street is very narrow—I heard the van coming, and looked round, hearing a lot of people screaming—that was before my sister was knocked down—the horse was coming straight along when it struck my sister—her basket was in the road.
WILLIAM FINDSN . I am a butcher, in Newport-market. I saw the van coming along at about ten miles an hour—the prisoner was driving it—I saw the deceased standing or sitting behind her basket just off the kerb in the road—the horse in the shaft knocked her down, and the van went over her, about the chest—I think there was some one in the van flogging the horse, but I could not say who it was—I picked the child up, and took her into a doctor's—she was the last person on that side of the road—the van had passed all the other stalls, and had turned over two or three baskets, and ran up against an old woman before.
Cross-examined. Q. Was the horse galloping? A. No; it was something of a canter—there was a good deal of hallooing—I do not know whether the horse was frightened—they began to halloo and scream when it ran
against the first woman—the deceased was standing beside her stall in the road.
COURT. Q. Were these stills in their usual place? A. Yes; but since the accident they are not allowed to stand so forward—there was plenty of room for one vehicle, but no more—if he had gone carefully and slowly, there was room for him to have passed without knocking the child down—there was no one opposite where the girl was—the van was coming from Grafton-street, rather turning round the corner.
ELIZABETH ADAMS . I am a tailoress, and live at 52, Dudley-street. I was buying some onions of the deceased when the van came in contact with her, and sent her from me, and the wheel went over her—she was sitting outside her basket in the road—I could not see the driver—the van was going very fast.
Cross-examined. Q. Did not the van strike the stool first on which she was sitting? A. No; the stool got entangled in her clothes, and fell with her—her back was to the van—I did not notice the van till the accident happened.
WILLIAM FAWBERT (policeman C 180). I was on duty in Cranbourne-street, beard a cry of "Thief!" and saw the van in Castle-street, going at between five or six miles an hour—I stopped it, and told the driver he had run over a little girl—he said he was not aware of it
Cross-examined. Q. He gave his proper name and address? A. He did at the station—there was a good deal of hooting before I stopped the van—the prisoner was perfectly sober—it was an open van—there were six or eight persons in it.
JOSEPH CONWAY . I am a boot-closer, of 53, Carnaby-street I was in the van sitting on the near side, behind the prisoner who drove it—I saw the girl that was run over sitting in the road with her face towards the horse, which struck her, knocked her backwards, and the wheels passed over her body—we were going about four and a half miles an hour—we had only come from Compton-street.
Cross-examined. Q. Did you call out? A. No; I thought she had sufficient time to net out of the way—a hallooing and hooting commenced which frightened the horse, and it darted off—no whip was used, or if there was it was not by the prisoner, for he had not got one.
HENRY BALLEY LINGHAM . I am house-surgeon, at Charing-cross Hospital—the deceased was brought there on the night of 5th April, about a quarter to twelve o'clock—she died at two next morning from the injuries she had received from a wheel.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Baron Alderson.
MR. EDGAR conducted the Prosecution.
WILLIAM BURTON (policeman, E 87). On Sunday morning, 28th April, about two o'clock, I saw the prisoner in Brunswick-buildings with fourteen or fifteen of the most notorious thieves and prostitutes—a man named Smith was very riotous, and J took him into custody—I had a female in custody for assaulting me, and was taking her to the station with another constable—the prisoner, who I had never seen before, came behind me, and struck me a violent
blow on the hack of the neck with his fist—I let go of the female, and laid hold of the prisoner—he went very quietly for 200 yards, till he came to a dark place in Brunswick-street, where he resisted violently, and put his hand into his pocket and pulled out something with which he struck me two or three severe blows on the breast—he was in custody—he struck me a violent blow on my left arm, and it immediately fell powerless by my side—he then struggled severely, but I retained my hold with my left-hand, and got him to the station, where I found my coat cut in six places, and blood flowing from a wound on my left arm—I went to University Hospital, and found I had other wounds—I have my coat here, to show the different cuts—I am suffering from the effects of it yet.
WILLIAM BROWN (policeman, E 155). Six other persons were brought to the station with the prisoner—I saw him pass something behind him to a woman named Smith, who dropped it into a bucket—I went to the bucket, and found this knife—the prisoner said that was not the knife he did it with, he threw that away at the corner of Coram-street.
BUXTON SHILLITO . I am house-surgeon, at University College Hospital. On 28th April, about two o'clock in the morning, Burton was brought there—there was a cut on his left arm, a little below the shoulder, which went through two coats, and his under clothing, to the depth of half an inch—it would produce the sensation of the arm being powerless—there was also a small superficial wound on his right breast—a sharp pointed knife would do it—this knife would not in its present state—it is rather too blunt—all the cuts were very clean.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Year.
NEW COURT.—Friday, May 16th, 1851.
PRESENT.—Mr. Ald. KILLY; Mr. Ald. HOOPIR; MR. RICOIDER; and Mr. Ald. FINNIS
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 34.—Recommended to mercy by the Prosecutor.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
1142. ESTHER HENRIETTA BOTIBOL , stealing 1 gown, and other articles, value 3l. 6s.; and I sovereign; the property of Elizabeth Sophia Young, in the dwelling-house of John Botibol: having been before convicted: to which she pleaded
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY . Aged 53.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
THOMAS CHEETHAM . I am butler to Sir William Robert Clayton, Bart., at 79, Gloucester-place, St. Marylebone. The family left town in July, and left the prisoner and his wife in charge of the house—we returned on 23rd April, in the evening—I came back with the other servants—I missed a great many things—the prisoner and his wife were gone—I expected to have found them there.
ABRAHAM CLARK . I am a labourer, at Sir William Robert Clayton's. I remember the prisoner's being there—the family were expected up on 23rd April—the prisoner left on the day before they came up, and his wife left on the same day that they arrived—before they came I had spoken to her.
ROBERT HILDITCH (policeman, D 335). On the morning of 24th April the prisoner was given into my custody—I took him to Sir William Clayton's house, and, after seeing the butler, took the prisoner to the station—I asked him whether he had taken the things—he said he knew nothing of them, and he had not taken them.
SAMUEL MOYES (police-sergeant, D 14). On the morning of 24th April I took Phoebe Searle, and, from what she told me, I went to the housekeper's room, at Sir William Clayton's, and in a closet there I found a parcel of sixty-four duplicates—the prisoner did not know that I found them—he was in custody.
CHARLES BARTON . I am in the employ of Mr. Walter, a pawnbroker, of High-street, Marylebone. I produce a piece of carpet, pawned on 3rd Aug.; and a bolster, hearth-rug, and some other articles, pawned on 9th Dec, 4th Jan., and 26th March—I have known the prisoner and his wife five or six years—this carpet was pawned by the prisoner, and these other articles by a man, but I should not like to say it was by him—four of the duplicates found by the officer are what I gave the man who pawned these articles.
(The prisoner received a good character.)
GUILTY . Aged 58.— Confined Six Months.
MR. BIRNIE conducted the Prosecution.
ALFRBD GREEN (City policeman, 376). On Thursday evening, 17th April, I saw the prisoner in Fleet-street—I saw something bulky in his coatpocket—I asked him what he had got—he said, "Nothing"—I told him I was an officer, and I took him into Crane-court—I said I must see what he had, and he pulled out this paper parcel—he said it was some brushes he brought from his father's, in Waterloo-road—I told him I was not satisfied, and took him to the station—he there said he brought them from his master's, Mr. Davies, in Houndsditch, and was going to take them to his father's, in the Strand, for his father to pick out some of them, and what his father did not approve he would take back—I opened the parcel, and it contained these two half-dozens of hair-brushes.
Prisoner. I said I was going to take them to my father's, and I lived in Waterloo-road.
JOHN DAVIES . I live at 69, Houndsditch; I have two partners; we sell brushes. The prisoner was in our employ—to the best of my belief, these are our brushes, from their general appearance, the paper in which they are,
and the manner they are wrapped up; and the prisoner said they were ours—he had no permission to take these, or any other brushes—be was most decidedly forbidden—it is a regulation of our establishment that they are not to remove anything—I do not know the prisoner's father.
Cross-examined by MR. O'BRIEN. Q. Do your other two partners take a share in the management of the business? A, Yes; none of our young men are allowed to take goods out—they may require some goods for themselves, and we give them permission to have a few at the wholesale price; but on the day these were taken no business was transacted—our Christian assistants were there—it is an express regulation that nothing shall be removed on days when the warehouse is closed—I was not in the warehouse that day—I had not spoken to the prisoner in reference to that day, but when I saw him at the station he told me he knew the regulation—I do not know of his having a clock and a picture-frame that he took out and paid for, but it is possible—we pay our men on Saturday evening—if they have had anything, we are not very stringent, they may pay in a day or two afterwards—one of my partners, my brother, might have been at the warehouse that day; Mr. Hyam was not—we possibly have forty or fifty assistants—the prisoner would have been back there on the Friday, and would receive his wages on Saturday—the wholesale price of these brushes is 12s. a dozen—it is not usual for our assistants to have a dozen articles—they might have one for themselves—they are infants' hair-brushes—if the prisoner could have sold them, I do not know that we should have refused his having them, but we should not have approved of it—I do not know what his wages were.
JOHN WATSON . I am warehouseman to the prosecutors; it is my duty to make an entry of any goods that are given out to the young men. I did not make any entry of these brushes—I did not know anything about them—I was at the warehouse that Thursday—the prisoner did not apply to me for any goods; if he had I should have refused it, because no goods are to go out on days that we are closed—if the prisoner took these, it was quite without my knowledge.
Cross-examined. Q. Do you know that the young men take things, and have them entered afterwards? A. I am not aware of it; it used to be done at one time, but it has not fur some months—the prisoner once had a picture-frame, but it was booked at the time—I do not recollect his having a clock—there is a young man who enters goods, if I am not in the warehouse—if I am there it would be my duty to do so.
(The prisoner received a good character).
NOT GUILTY .
THOMAS DYER ROBERTS . I am clerk in a warehouse, in Denmark-street, St. George Vinthe-Ea't. On 4th Jan. I left the warehouse between half-past twelve and one o'clock, and on my return, in three or four minutes, I saw the prisoner coming out of the counting-house with a black bag—I saw part of my hat in it—I hallooed after him, but as soon as I got to the corner of Denmark-street I lost sight of him—when I got into the counting-house I missed my hat, coat, and jacket—I have never seen them since—I did not give information to the police—I told the carman and my master—the policeman applied to me to come here about five or six weeks ago—I am sure the prisoner is the man—I have seen him in Denmark-street before.
Prisoner. Q. Why did not you follow me? A. I could not see you after you got to the comer of the street; there were some conjurors at the door, and a crowd.
THOMAS HARRIS (policeman, H 81). I took the prisoner on another charge—I did not know anything of this till he was committed—I then received information from Mr. Braden.
Prisoner. I know nothing at all about it.
GUILTY . Aged 25.— Confined Twelve Months,
THIRD COURT.—Friday, May 16th, 1851.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. LAWRENCE; Mr. Ald. CARTER; and Mr. COMMON SERJEANT.
Before Mr. Common Sergeant and the Seventh Jury.
GUILTY . ** Aged 26.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Four Months.
GUILTY .— Confined Twelve Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 20.— Confined Three Months.
1152. THOMAS DORMER , THOMAS DEW , and JOHN COLLINS , stealing 108 yards of cloth, value 97l.; the goods of William Blomfield, the master of Collins.—2nd COUNT, charging Dormer and Dew with receiving.
MR. HUDDLESTON conducted the Prosecution,
WILLIAM BLOMFIELD . I am a carrier, of King's Arms-yard, Snow-hill. Collins was in my employ eight or nine years, with the exception of being absent two years—Dormer had been in my service seven or eight years—on 4th Oct. Collins had to deliver parcels at different places—before he started, my clerk asked him, in my presence, how many trusses he had; he said, "Sixteen"—he was made to unload his cart, and count them, and there were seventeen—he had first to deliver five trusses at Mr. Addington's, the lower end of St. Martin's-lane—his course would be Farringdon-street, Fleet-street, and the Strand—it would be out of his way to go through Queen-street—he afterwards told me he had met with an accident, and lost a truss—I asked him which way he went; he said, "Chancery-lane, Carey-street, and through Lincoln's-inn, the side nearest the Strand (that is the opposite side to Sir John Soane's Museum), and Queen-street;" that he went to Messrs. Bull and Wilson's with one truss, and missed the truss there—that is in St. Martin's-lane, the end nearest Holborn—he said, when he stopped the cart, he noticed a person dressed in black, with a pipe in his mouth, walk towards it; and when he came out again, he was gone, and he missed the truss—I asked him if he had spoken to a policeman; he said he had not
seen one, but he bad been to Bow-street—I asked him why; he said Mr. Kempson, of Bond-street, who the truss was for, made him go there—the truss contained three ends of cloth, 108 yards, and was worth 97l.—it was a yard long, or a little more, and was in a whitey-brown wrapper—next day Turner came to my yard, and taw a number of carts come in, and afterward Collins came in, and he identified him.
Cross-examined by MR. PATNE. Q. On the Saturday before this Monday did not Collins ask you to let him have a boy to go with him, as he bad so many packages to deliver? A. Never to watch a cart—the men sometimes ask for some one to help them unload, merely for laziness, not for the safety of the goods—whenever they ask for some one to watch, I let them have it—the carman always loads the cart—I saw him loading it on this occasion—my porters put the goods on, but he was in the cart alone—the seventeen packages went out—Collins and Dew were both taken before the Magistrate just after the transaction, and Turner was examined as a witness, and Bradshaw also, I believe—Collins and Dew were discharged after I think three examinations—I do not know where Collins has been living since; he did live at Green Dragon-court, Snow-hill—he has not lived there ever since—I did not find him to bring him here, the policeman brought him—his wife came to me—I never told her I wanted him to give evidence against Dormer, and if be would he should not be punished; nor did I tell the father-in-law so—the first time I saw the wife was when we searched the house, about ten days before Collins was taken—the last tine I gave him 1s., as he pleaded poverty.
MR. HDDDLESTON. Q. When yon gave it to him, did he ask to be taken into your employment? A. No; he has never asked me to let him have a boy to watch without my giving him one—be did not ask for a boy on this, occasion—Collins and Dew were oily discharged, to be brought up again if Dormer was taken.
JOSEPH TURNER . I am servant to Mr. Bailey, the curator of the Soane Museum, which is on the further side of Lincoln's-inn-fields—on 4th Oct., about half-past eleven o'clock in the morning, I was on the third-floor, cleaning windows—I saw a cart and a cab standing opposite—the three prisoners were in the cart—Dormer lifted a Urge package, done op in whitey-brown sacking, oat of the cart, and put it into the call—Collins was sitting in front of the cart, looking round partly towards Dormer—Dew was on the cab—the parcel was put in, Dormer got up on the box, and went off, and the cart went on towards the City—next day I went to Mr. Blomfield's, and saw several carts come in—I saw Collins, and picked him out without anybody telling me.
JURY. Q. What made you go to Mr. Blomfield's? was there any name on the cart? A. No, but I saw a bill in a window, offering a reward, went to Bow-street immediately, and a policeman went with me to Mr. Blomfield—the truss was lying about the middle of the cart—the window was four or five feet high; I turned round, and could see what was going on.
Cross-examined. Q. When did you see the bill offering 20l. reward? A, On the Saturday evening—it was not for the reward that I bestirred myself—it struck me as a remarkable thing that a large package of goods should be taken from a cart, and put into a cab, and I mentioned it to my fellow-servant—the sudden stopping of the wagon and cab made roe look round—they were nearly opposite the museum, on the other side of the square—I believe the prisoners to be the men; I have no doubt of them—they were not acquaintances of mine—I just saw them for a moment, and
the loaded cart was between the cab and me—I watched them round the end of the fields, by the new hall.
MR. HUDDLESTON. Q. You pointed out Collins next night? A, Yes, and on the Wednesday I recognised Dew on a cab, at a public-house in Bow-street, and pointed him out—I had been told he was there—I afterwards selected Dormer from several other persons—the reward offered was for the recovery of the goods, not for the detection.
THOMAS BRADSHAW . I am servant to Mr. Scales. On 4th Oct., between twelve and one o'clock, I was in Coventry-street, Haymarket, and saw Dormer and Dew on a cab—Dew was driving—they were going from Leicester-square towards Piccadilly—I knew them both before.
Cross-examined. Q. What sort of a morning was it? A. It rained a little—Dormer had an umbrella up—they were discharged by the Magistrate, after hearing my evidence—I did not speak to them—I was in a cart, driving—the cab did not go fast.
MR. HUDDLESTON. Q. Had you any one in your cart? A. Yes, and I spoke to him about Dormer and Dew—I have been fellow-servant with both of them.
HARRIET BISHOP . I am the wife of George Bishop, of 16, Salisbury-square, Portman-market. In Oct. I had a lodger named Warden—she was Dormer's sister-in-law—on 4th Oct. Dormer came, and knocked twice at the door, about two o'clock; Mrs. Warden opened it—he did not go in; he spoke to her for a minute or two at the door, and went away—in ten minutes or a little more Dew drove a cab up—there was no passenger in it—he took out a roll with a loose brown wrapper round it, and carried it into the passage, and then a second parcel, which I should say contained two rolls—the sister-in-law tried to carry the second, but could not, and the cabman carried it—I heard her say, "He," or "they will be here presently"—Dew said, "Yes," and drove away—in a quarter of an hour or twenty minutes Dormer came, and went up to Mrs. Warden's apartments—while Mrs. Warden was speaking to him in the shop, a person like a porter came—I think he had a knot—he carried away something in the shape of a bed, tied up in a patchwork quilt—Mrs. Warden was 2l. in arrear of rent; she paid me 10s. that day.
Cross-examined. Q. Where were you? A. In the parlour: that is behind the shop—I could see everything at the cab—there is a private door—Dormer was not there while the cob was there—I saw him with no parcel—he has not been to see his sister-in-law many times—she did work for him—Mrs. Warden was taken into custody.
GEORGE BISHOP (policeman, 307). On 4th Oct. I saw Dew with a cab at my door, with some chairs on it, and what I thought was a fender, but I should say now it must be cloth—I saw him take it out—I saw him again that night, and said, "You were at my house to-day?"—he said, "Yes, I had a good job from the Birmingham Railway, that paid me well; you may take my number; I have got no plates on."
Cross-examined. Q. Where were you? A. In the parlour—I had the same means of seeing that my wife had—I did not take Dew when I saw him that night—I had no idea of any robbery—I knew his name.
WILLIAM POCOCK (police-sergeant, F 14). I accompanied Turner to Mr. Blomfield's on 5th Oct., and saw him identify Collins—several carts had come in before that—I went to Coilins's lodging that evening, and found a new suit of clothes—I ascertained that Dormer lived at 9, Market-street, Edgware-road—I could not find him there, and watched his house till he Was taken—I found a plate on the door, "Dormer, tailor".
GEORRGE FERRIS (police-sergeant, E 28). I know Dormer and Dew, and have frequently seen them together before Oct.—I have been trying to find Dormer, but could not do so till 19th April, when I took him near the Nine Elms station—I told him what I wanted him for—he said, "Is that all? I know nothing about it"—Dew was charged again, and said, "I shall say the same as I said before; I know nothing about it."
JOHN COLEMAN/ (policeman, F 24). I was at the station after Dew had been examined before the Magistrate—he said, "That witness" meaning Bradshaw, "swore to a d—d lie, that he saw me in Coventry-street, for it was in Leicester-square"—I watched Dormer's premises nine days together, and then up to Christmas, but could not find him.
(Collins and Dormer received good characters.)
COLLINS— GUILTY of stealing. Aged 23.
DORMER*† GUILTY of receiving. Aged. 34.
DEW— GUILTY of receiving. Aged 34.
Confined Twelve Months each.
MR. CLARKSON conducted the Prosecution.
GEORGE RUDKIN . I am a constable of the London Docks. There is tea in the warehouse, No. 9—on 9th May I saw the prisoner, who was a labourer there, going from the docks earlier than usual—he passed me, and I saw something bulky in his pocket, asked to look what he had got—he said his lunch—I took him into the gate-keeper's box, and found 5 lbs. of tea, some in his hat, some in each pocket, and some between his shirt and his skin—I asked him where he got it—he said he bought it of a man on board a ship.
Prisoner. Q. Where was I when you stopped me? A. In Pennington street—I was standing at the gate—there ought to have been a gate-keeper belonging to the Customs there, but he was not there—there was one belonging to the London Docks, there were not three gate-keepers there, only two—you were about ten yards from the dock; I should not be justified in saying 100 yards—I came up with you about two seconds after you passed me.
JOHN RICHARDSON . I am foreman of No. 9 warehouse, West Quay, London Docks. The prisoner was employed there on 9th May—there was a quantity of tea in chests there, which had been landed there the day before—after the prisoner was taken, I found one of the chests had been opened by violence, and tea missing—I have compared the tea found on the prisoner with that in the chest, and have every reason to believe it is the same.
Prisoner. Q. Did you see me at work that morning? A. Yes; I have not looked at the book, I placed you at work to mark goods as they came out—the ship's name is "Mitchell"—there were forty men at work at it—there was jube on board in bundles—I missed you at half-past nine o'clock, and found Dicker doing your duty—I did not step into the cabin and have a glass of grog, there has been none on board these three weeks.
Prisoner's Defence. The witness has just stated there was jube on board the ship, I can prove there was no such thing on board; I can prove by the bill of lading there was not one particle of jube in the bill of lading or invoice there was kyar-rope; I have been four years employed by that honourable and honest Company, the London Dock; I have got a wife and five children I was fourteen weeks out of employment, and oat of those fourteen weeks I had seven days' work; when he apprehended me with the tea, I bad met with a party like a sailor, who said he had got a little tea to dispose of, and if I would purchase it, it would prove to my welfare; I said I had got no
money; he said, "Never mind, if you can make a good sale of it, I will entrust it to you, and give you 18d. pence for yourself; and consequently I consented; I had neither handkerchief, cloth, or anything else, and I put it about my body; I went and got very tipsy, and this constable of this honest Company, which is robbing the British merchants of England by wholesale, came and seized me, and said it belonged to them; I am a poor man with a wife and five children, and have had only seven days' work. In coming from Canton or Hong-Kong to London, a great many chests of tea would be broken, and they fetch the chests out in dozens, by heaps, and by numbers, and if the parties think proper they are put into bags and taken away: there is no superior officer, but away the man runs with them on the truck, and away the tea goes on the ground, and then this man comes and says the tea corresponds; the tea, as I said before, is already broke, then it goes to the warehouse, sixty or seventy yards, over rough stones and smooth stones, and Mr. Chandler and the others have a share in it, and that is the honest Company. If I give the foreman a glass of grog he says I am an out-and-out worker, and I get work next day, but a man with a large family is not able to do this.
GUILTY . * Aged 29.— Confined Six Months.
MR. HORRY conducted the Prosecution.
WILLIAM WATSON . I am a baker, of Clipston-street, Fitzroy-square. The prisoner was in my service eight or nine months, up to 24th Feb.—he was authorised to receive money on my account, and to account to me every night—I have not received 3s. 3d. from him on account of Mr. Dickens, on 24th Feb.; or 10 1/2 d. of Mr. Leicester; or 2s. of Mrs. Cameron, on 4th Feb.; he paid me 2s. from her out of 4s. 6d.
Cross-examined by MR. SPICER. Q. Is it your own business? A. Yes, entirely; there is on this bag, "The Working Bakers' Association"—there is no such Association, the establishment went under that name before I was the proprietor—my name is on the bag—I know something about Christian Socialism; this tract will explain what it is—I am favourable to certain principles, and co-operate in several respects to carry them out—I am both master and manager of the business—I paid the prisoner 15s. a week latterly, he has received 10s. and 14s.; and I allowed him to have bread—I remunerate myself—I have or have not a weekly salary, as I like—I am paid from the profits—the pamphlet shows that in some of the Associations there is a certain remuneration from the profits instead of wages—it was intended that there should be a Bakers' Association, and the name was written up—I conducted the business in the mean time, but the men would not comply with the conditions—I have received small sums of the prisoner on different occasions, that he owed me; it was not on account of his membership in this Association; he had no right to consider himself an associate—he had paid no money to it, and had no right to any profits.
MR. HORRY. Q. Did you hire him as a journeyman-baker? A. Yes; he had no claim on me; I could discharge him whenever I chose—the lease is in my name—I purchase everything, and pay all expenses, and receive all profits—if the men had come into my conditions, they would have been partners—the conditions were that each should subscribe 5l. to the capital of the business, and serve twelve months as hired workmen, only with this difference, that they should have a share in the profits; but they never came into those conditions.
GUILTY . Aged 35.— Confined Three Months.
ANN SALTER . My husband's name is Jeremiah. I took the prisoner in out of pity—on the evening of Wednesday, 8th May, my husband gave me half-a-crown, one shilling, and two fourpenny-pieces, which I put into a drawer in the front-parlour, locked it, and put the key into my pocket—the prisoner was then in the room, and saw what I did—he slept in the back-parlour that night, and me and my husband up-stairs, and a man and his wife also—next morning, about half-past five o'clock, I found the prisoner was gone, the drawer burst open, and the money gone—the man and his wife were still in bed—I next saw the prisoner in custody.
ROBERT HITCHMAN (policeman, T 204). I found the prisoner with another boy in Brook-Green—I was is private clothes; he knew me before, and ran away—I caught him, told him the charge, and he said he should not have taken it if he had not wanted it—at the station he said he broke the drawer open with a bit of wood, and took a half-crown, shilling, and two four-penny-pieces, and spent it at the fair.
GUILTY . ** Aged 16.— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
JAMES FAREBROTHER . I live at 30, New Milman-street. In Feb. I was indebted to Mr. Kirby, and on the 19th paid the prisoner 4l. 17s. 6d.—on 24th March, I paid him a farther sum of 5l. 10s.—he gave me these two receipts (produced)—I saw him enter them.
Cross-examined by MR. PAYNE. Q. Are they signed "W. K.?" A. No, "W. D."—I ordered the things of the prisoner—I do not know whether he was interested in the business, or managed it; he appeared to me to have the management of it—I have seen Mr. Kirby there.
MR. METCALFE. Q. What name is over the door? A. "Kirby;" these bills are bended, "Bought of William Kirby," not "Kirby and Dudley."
Cross-examined. Q. Did you see Mr. Kirby in the transaction? No the prisoner managed the business as far as I am aware.
WILLIAM KIRBY . I have a shop at 60, Old Bailey, and another at Westminster, where I reside—the business is entirely mine; the prisoner was only my servant—it was part of his duty to collect money for me; he ought to pay me as soon as he saw me—I was generally there every morning—I was never absent a week; I was once two or three days absent—I have an account here of the money I received from him—there is no entry of 4l. 17s. 6d. received from Mr. Farebrother on 19th Feb., or of 5l. 10s. on 24th March—there is no entry of 12s. received from Mr. Harwood—I entered the sums in the book at the time be paid me, and there are other entries about the same time.
Cross-examined. Q. You allowed him 2l. 10s. per cent, fur all amounts above 10l.? A. Yes, be has purchased goods once or twice—his commission ran on for two or three months without being settled—he drew two bills on my customers, with my consent; he signed my name to them—I attended to both businesses—he managed the Old Bailey business, and when I had occasion to send him out, I managed it myself.
MR. METCALFE. Q. Was he allowed to deduct commission when he received money? A. No; he had only to ask, and I would have settled his commission—I told him I would settle it weekly—he had no general authority to draw bills.
HENRY WEBB (City-policeman, 258). I took the prisoner on 15th April, and told him the charge—he said he was very sorry, he had sent a person to Mr. Kirby to take part of the money, but he objected to take it—we went together to Mr. Kirby's, who declined saying anything to him—the prisoner said his commission had not been settled—I have known him as Mr. Kirby's shopman about two years.
Cross-examined. Q. Had not the prisoner sent for you? A. I saw his wife; she told me to be at home at a certain hour, and I then went with him to Mr. Kirby's.
MR. METCALFE. Q. Had not the prosecutor been to you before? A. Yes; I was on the look-out for the prisoner.
ADAM DICKSON . I am a baker, of the Strand. I produce a certificate—(read—Central Criminal Court, William Dudley, convicted of embezzlement, April, 1841; transported for seven years)—I was the prosecutor on that charge, and was present at the trial—the prisoner is the person.
GUILTY . Aged 40.— Transported for Seven Years.
(There was another indictment against the prisoner.)
WILLIAM SEWELL . I live at 10, Wells'-street, Hackney, and take in mangling. On 24th April, about two o'clock, I was at Cambridge-heath with a barrow with a basket of clean linen, consisting of shirts, table-cloths, and other articles to be mangled—I left a little girl to mind it, came back in about four minutes, and it was gone—a baker told me something, and I saw my barrow at a distance, but the basket was gone—I afterwards saw it at the station—this (produced)is it, and I know these articles; I have mangled them for years.
Cross-examined by MR. FRANCIS. Q. Is it your own mangle? A. No; I had fetched the linen from Mr. Perry's, which is about 200 yards from where I left the barrow—I have a perfect knowledge of the clothes.
WILLIAM ANDREWS . I am landlord of the Bakers' Arms, Hackney. About ten minutes-past two o'clock, on 24th April, I saw the prisoner on the towing-path of the canal with a basket—I stopped him, and found it contained linen—he put it on the path—I kept him till the officer came—he was given into custody, and the linen taken to the station.
Cross-examined. Q. Are you a constable? A. No; the place where the barrow was left is about a quarter of a mile from the canal-path—the prisoner was not hurrying himself—the little girl made a statement to me; she is very little—the linen was dirty, and all thrown about—he had the basket on his shoulder with his coat over it.
from Andrews—I told him be was charged with stealing these things—the basket stood about twenty yards off—he said he was walking along, and saw the linen scattered about in the dirt—he stood ten minutes, picked it op, and put it into the basket, and thought he had better take it to the station—I showed the basket to Sewell, in the prisoner's presence, and he claimed it.
GUILTY . Aged 17.— Confined Twelve Months.
GUILTY . ** Aged 21.— Transported for Seven Years.
HBNRT WEBB (City-policeman, 258). On 30th April, about a quarter-past ten o'clock, I saw the prisoners in company in Aldersgate-street—Smith was close behind Batty, and I saw Batty put his hand into a man's pocket and partly draw this handkerchief out—I stepped forwards and spoke to Baun—Batty crossed the road, putting the handkerchief into his pocket—I ran and took him, and Bonn took Smith.
Smith. Q. Where was the gentleman? A. In front of Batty—there were not many people about—I was at the corner of a court.
JOSEPH BAUN . I was with Webb, and saw Batty take the handkerchief; Smith was behind him—I took Webb, and afterwards went to the gentleman and asked him, in Smith's presence, whether he had lost anything—he said, "Yes"—I took Smith—the gentleman came part of the way to the station—Batty resisted very much, and the gentleman escaped.
Smith. Q. Was not I looking into a window? A. Yes; there were not many people about—I should expect you stood behind Batty, to cover him.
Smith's Defence. I am innocent; it is not likely if I had robbed the gentleman I should have stopped there.
SMITH— GUILTY . † Aged 19.— Confined Twelve Months.
NATHANIEL HODGBS . I sell beer. On the afternoon of 12th May the prisoner, another man, and a female, came and had some drink—they sat in front of the bar outside, and after serving them I went into my private parlour—while there I heard a glass fall—I went out and saw the prisoner in the act of getting back from inside the bar—I missed 1l.-worth of silver—I called for help; the other two were then gone—the prisoner got out—I chased him, and caught him at the corner of the street—he said, "It is not me, and I know nothing of the other parties"—I gave him in charge—he was searched, but no money was found—he had time to get rid of it before I caught him—I had left them all three at the bar, and when I came back the other man said, "There Dan, you have made a d—d mess of it."
Prisoner. Q. Did you lose sight of me before you took me? A. No; the other man's hand was in yours, while you were getting over the bar—I saw the silver five minutes before, while you were there—there were six half-crowns, three shillings, and four sixpences.
Prisoner's Defence. I was having some beer; the publican came out and said, "I have lost a pound's-worth of silver;" two people ran out; the
publican called out, "Stop them!"—I ran after them, and having had a drop of drink slipped down, and he gave me in charge.
(The prisoner received an excellent character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined One Month.
GUILTY . * Aged 20.— Confined Six Months.
MICHABL MEEHAN . I live in Field's-buildings, Houndsditch. On 22nd. April, about seven o'clock in the evening, I met the prisoner near Shoreditch Church—I was sober enough then to know what was going on, but do not recollect much after meeting her—I had two sovereigns, a half-sovereign, some coppers, and a shilling or two in my right-hand trowsers pocket just more before—I went with her to a public-house—I do not recollect anything till I got to the station—I called for some wine, but only recollect drinking a very small portion of it—I do not know what I paid for it—I did not give the prisoner any money—I did not miss my money till I was at the station.
PATRICK HURLIY . On 22nd April I was at tire Halifax Arms, Mile-end New-town, between ten and eleven o'clock at night, and saw the prisoner and prosecutor there sitting together; the prosecutor was intoxicated—he appeared to be asleep, and incapable of taking care of himself—I saw, the prisoner put her band into his trowsers'-pocket and take something out—I laid hold of her hand—Mrs. Gascoyne came, and I saw her take some money from the prisoner's hand.
Prisoner. Q. Did you see a man give roe a blow in the face, and snatch a sovereign out of my hand? A. No; I did not see any gin.
SARAH GASCOYNE . I am the wife of Thomas Gascoyne, the landlord of the Halifax Head, Princes-street, Mile-end New-town—the prisoner and prosecutor came there about half-past eight o'clock, and called for a quartern of port wine—they went out while I drew it, and were away about ten minutes—they then returned, and the prosecutor took part of a glass of wine—there were three females at the door, and one of them fastened on the prisoner's clog, and she asked the prosecutor to treat them to some gin—I saw the prisoner take something out of the prosecutor's pocket—I seized her hand, and took out a half-sovereign—a policeman was sent for, and she was given into custody—Meehan was not able to take care of himself, and I would not let him go without a policeman—when he first came he was not so intoxicated as he became in a few minutes after drinking the wine.
Prisoner. Q. You did not see him pay for the wine? A. No; I did not say you would not have been locked up if you had not made so much fuss about the sovereign—you wanted me to allow the man to go and I would not, as you did not know where he lived.
WILLIAM THOMAS (policeman, 109). I was sent for to the Halifax Head, and the prisoner was given into my custody and the money—the prosecutor was sitting at the side of the counter apparently asleep, very much intoxicated, and the prisoner said the gentleman had given her the money to take care of for him—I took her to the station—the prosecutor was not capable of saying anything.
(The prisoner, in a written defence, stated that a woman cleaned her cloak, which was muddy, and tied on her clog, for which she asked the prosecutor to
give the woman something to drink; that he gave her (the prisoner) his purse, and she gave the woman 1s., after which she was counting the money in her hand; Hurley camet reached over her right shoulder, snatched the sovereign, gave her hand a knock, and knocked the rest of the money out of her hand; that the prosecutor did not wish to praise the charge at the station.)
GUILTY . Aged 36.— Confined Twelve Months.
OLD COURT.—Saturday, May 17th, 1851.
PRESENT—Mr. Baron ALDERSON; Mr. Justice TALFOURD; Mr. Ald. KELLY; Sir CHAPMAN MARSHALL, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurneyt Esq., and the Second Jury.
AARON LEMON (through an interpreter). I am a printer. On 9th May I was walking with a friend in the neighbourhood of Spitalfields, about noon—I had a silver watch in my right waistcoat-pocket, with a guard to it—I saw the prisoner with five or six others—they came close to me—one of them threw a potato, which went through a window—they took hold of my friend, and it appeared as if they wanted him to pay for the broken window—they said he had broken it—I went towards him, and they let him go and took hold of me, and the prisoner drew my watch out of my pocket and ran away with it—he was taken by a policeman and brought back in less than ten minutes—this is my watch (produced).
GEORGE KING (policeman. H 27). On 9th May I was on duty in Lower Keate-street, and met the prisoner running—I received information directly after he had passed me, and pursued him—I lost sight of him for about two or three minutes—I ran through a house, and found bin. in the yard, in the act of putting this watch under some vegetable leaves—I took him into custody—he said, "I did not take it, I picked it up, and run away with it;" the guard is broken, and part of it was hanging round the prosecutor's neck.
Prisoner's Defence. I saw the watch lying on the ground, and picked it up.
GUILTY .— Transported for Ten Years.
Before Mr. Justice Talfourd.
NOT GUILTY .
(There was another indictment against the prisoner for a like offence, upon the same child, on another day, upon which no evidence was offered).
NEW COURT.—Saturday, May 17th, 1851.
PRESENT—Mr. Ald. KELLY, Mr. Ald. HUMPHREY, Mr. Ald. HOOPER, Mr. RECORDER, and Mr. Ald. FINNIS.
Before Mr. Recorder and the Sixth Jury.
1164. JOSHUA SMITH, alias Arno breaking and entering the dwelling-house of Josiah Lowe, and stealing 6 coats and other articles, value 6l. 9s., eight sovereigns, 30 shillings, and 20 sixpences; his property.
MR. COOPER conducted the Prosecution,
ISAAC FIRMOR . I am foreman to Josiah Lowe, a clothier, of 3, Minories. On the evening of 20th March I left the shop at seven o'clock—I fastened the place outside with a padlock—there is a back-window, which was fastened inside—there is not a wall round our premises, but there is one beyond—there is a baker's shop near Three King-court—I went to our premises at twenty-five minutes past eight next morning—I found the back window open, the fastening forced off, a hole in the glass, and the window open—I found a great quantity of things lying about—the Counting-house had been entered—two cash-boxes had been broken open, and about 10l. in gold and silver was lost—doors, cupboards, and almost everything was broken open—a great number of coats had been removed from the warehouse in the front to the back of the house, for the purpose of being packed up—I found a coat and a knife which were not there the night before; on putting the things to right I missed six coats and one pair of small-sized black trowsers—a pair of trowsers has been shown to me by the policeman—I have no doubt that they are the same—I saw them there the night previous.
Cross-examined by MR. HUDDLESTON. Q. What it Mr. Lowe? A. I should say he is a small wholesale dealer—he sells hundreds and thousands of pairs of trowsers in a year.
HARRIET BULL . I am single, and live at 25, Orchard-row, Stepney. I know the prisoner—I lived with him between four and five years—I never lived with any one else; one Friday or Saturday morning, five or six weeks ago, the prisoner made me get up and dress myself about five o'clock—he beat he and kicked me, and made me go to the Minories with him—it was very wet—he told me to stand against a baker's shop-door, three or four doors before you come to a court—he then went down the court—I went to the corner of the court, and saw him climb over a wall, and disappear—I then went and stood against the baker's door for about three-quarters of an hour—the prisoner then came to me—he had five coats tied up in a bundle, and had a pair of black trowsers on over his own, and a small shooting-coat on—he held out his hand, which bad gold and silver in it, and said, "I have got something less than 10l."—he told me to go home, and he went away—I reached home first, and he came home about eight—we lodged at Mr. Turner's, 9, Princes-street, Church-street, Shoreditch; when be came over the wall, and brought the coats, he had not his own coat on, and when he came home at eight I asked him where his own coat was—be said he had left it behind—he brought home with him a pair of black cloth trowsers, and made me cut a piece out of the side of the leg and stitch them up, so that they should not be known—after they had been so altered, he wore them—I afterwards went to a policeman on duty to complain of the prisoner—the policeman did not come to our lodging—he went to the prisoner's sister's house and opened a box, and took out the trowsers; I was there—I went and pawned the trowsers, after the policeman had seen them, at Mr. Fawcett's in the Commercial-road, for 5s.—that box belonged to Esther Phillips—I had borrowed it of her—I pawned them, because the prisoner's sisters were following me to take them away from me—since that, a knife has been shown me by a policeman—I had seen the prisoner with it, and seen him use it several times—a coat was shown me by the policeman—it is the prisoner's—I had darned it in several places.
Cross-examined. Q. The prisoner ill-used you on the morning you went to the Minories? A. Yes; very badly—he made me go—I had not the slightest notion what I was going for—he brought the coats to me to carry, and I would not—I thought it was very wrong, they did not belong to me—
I was shocked at it, that was the reason I would not carry them—I did not remonstrate with him and tell him what an infamous fellow he was—I saw a policeman that morning, when the prisoner was gone down the court away from me—I did not say anything to him, he spoke to me—I saw several policemen as I walked home that morning; I did not speak to any of them—I know a man named Flowers, a companion of the prisoner's; be was not a companion of mine—I was in hit company once when the prisoner brought him to our lodging—the prisoner new charged me with being in bed with Flowers—he did not find me one morning in bed with Flowers and turn me out of doors for it—be turned me out of doors because he said be had somebody else that be would be married to and he did not want me any more—he said he would cut my throat, and he would not give me my clothes—I went to bed, and the next morning, at seven o'clock, I went to the police office—I was never tried in the same court with Flowers—I have been tried, and the prisoner has brought me to it—I was tried for robbing a man in the Commercial-road, and he (the prisoner) received the money; it was at the street-door of a house—a sailor followed me there, Mrs. Gray's, I believe—I lived there when the prisoner first had me there—Mrs. Gray is not a respectable woman; she keeps rooms with beds in them—the prisoner lived with me there at the time the man followed me there—I do not know what money he was robbed of—I was convicted, and had six months imprisonment—I live now with my father—I lived at that time with Mrs. Gray—I went backwards and forwards there, and ate and drank there—that was the only time I was tried and convicted—the Magistrate gave me three months for going into a linen-draper's shop, and thieving—I wanted victuals—the prisoner was at that time in gaol—he left me without a farthing, and without a home—I had nowhere to go, and before prostitution, I preferred thieving—I had the three months after I had the six months—I knew a man of the-name of Flynn; he was one of the prisoner's companions—he was transported when the prisoner had six months—it was while the prisoner was living with me that I knew Flynn—when the prisoner turned me out I went back to my own lodging, in Princes-street—the prisoner never came home all night, and I went back to the same place—I cannot tell when I pawned the trowsers—it was the next morning after I left the prisoner—I did not have them till the morning after I left him—the money is at home now, on my father's shelf; I never touched it—I never was in prison beside the six months and the three months—I was taken up and fined 10a. at the Stepney Police-court—one or two of us got out, and had a drop to drink—I did not break a woman's heed, or strike her—Mrs. Jelly and Esther Phillips was there—she is a young person who used to come to my place—she is a shirt-maker—I believe she lives in White Horse-lane—Mrs. Jelly keeps a sweetmeat shop—she has apartments—she has one bedroom—I have been all over the house—no one was with me.
MR. COOPER. Q. Had you any connexion with the sailor? A. No; and that was why he prosecuted me—the prisoner left me all but dead two or three times, and my father has taken me in.
HENRY COWARD . I am assistant to Mr. Fawcett, pawnbroker in the Commercial-road—I remember Bull coming to the shop with this pair of trowsers, on 4th April—she pawned them—I have the ticket of them in the name of "Ann Bull"—it is the warehouse-boy's writing—I took the trowsers in—I am sure Bull is the person—she had been a customer—when she has been in the habit of coming we put down "Ann" for the shortest.
complaint in the early part of April—I went with her to a house in Pleasantplace, North-street, Whitechapel, she said she wanted a black satin dress and gold ring which she believed the prisoner's sister had got—I found a person there who was represented to be the prisoner's sister—I found these trowsers there, in a box—I noticed at the time a button broken on them, and it is so now—I saw Bull take them—I came away with her to the end of North-street, and left her in Whitechapel road—I saw no one try to take the trowsers from her—I went with another officer, and took the prisoner on the Sunday morning—when he was in the cell I asked him if he wanted any dinner, he said, "Yes, my sister will send me down my dinner, and I want my great-coat out of that box, at my sister's home"—I then went to the same house, and found the same box—I found a great-coat in it, took it to the station and gave it to the prisoner; and he wore it on his examination next day at the Mansion-house.
EMMA DEAN . I am single—I work for the prosecutor—I know these trowsers, by my own work—I made them for the prosecutor—I never made any in this way for any one else—they have binding round the top—I cannot tell when I made them.
Cross-examined. Q. How long have you been employed by the prosecutor? A. Nearly two years—I have not worked for any one else for a year and a half—I work at making cloth trowsers—I sometimes make a dozen pairs in a week; sometimes more or less; it depends on what they are—I have made a great many hundred pairs in the year and a half—I know these by the binding and the work generally.
WILLIAM SMITH (police-sergeant K 28). On the morning of 6th April, I went to 9, Princes-street, Church-street, Bethnal-green, in consequence of having received information that the prisoner was living there—I did not find him—I searched the front room up-stairs, and on the top of the bed found these implements; this one cuts out a round hole; four skeleton keys, two gimlets, some pieces of wire, and a knife—I went to the station, and while there the prisoner was brought in by two officers—I said, "The charge against you is for breaking into a tailor's shop in the Minories, and stealing six coats, a pair of trowsers, and about 10l. in money"—he said, "The trowsers I bought down the lane, and if you look, you will find they are darned at the knee—I produce a knife and a coat, which I received from Mr. Fermor."
MARY TURNER . I am married—I reside at 9, Princes-street—the prisoner lodged with me—I remember the policeman coming—he went into the prisoner's room—I saw him find these things—Dull lodged in that room with the prisoner, as his wife, I think for nine weeks—she appeared his wife, I looked on her as such—I recollect her leaving him on the Friday before, the policeman came to my house on the Sunday—I do not remember that she came back—I think this coat belongs to the prisoner—I have seen him wear such a coat—I did not know anything had happened till the prisoner came, with his mother, and told me not to let the things go out of the room—I cannot tell what day that was, it must have been before the police came—there was the furniture in the room, and a box, but I did not observe that box particularly that morning—I don't know when it was removed—I had seen the prisoner wear such a coat as this till a fortnight or three weeks before the policeman came—during that fortnight he wore a short blue jacket—I had never seen these instruments in his possession.
Cross-examined. Q. Who took the room of you? A. The young woman.
HARRIET BULL , re-examined. This darn in the knee of the trowsers is my darning—I know this coat, here is my own work, where I darned a hole in one of the pockets—this knife has one blade, it is one the prisoner had.
Cross-examined. Q. Were you ever at Portsmouth? A. Yes; I went to see my sister—I was never in prison there, nor charged with anything there or at Winchester—I was not charged with striking a woman at Portsmouth—I never was in prison, except on the occasions I have mentioned.
Cross-examined. Q. Is there any mark on these trowsers. A. No; I have not sworn to them—when these were first shown to me, I said to the best of my belief they belonged to my employer—they have been altered—the mark has been removed, had that been here I could have sworn to them—I had about five pairs of this size and colour, and this pair was misting in the morning—it was the commonest pair we had in the stock—I believe there was but another such pair in the stock—there was no other pair as common as these on that shelf.
NOT GUILTY . (See next case.)
1165. WILLIAM LANGFORD and JOSHUA ARNO , alias> SMITH , burglariously breaking and entering the dwelling-house of John Edmunds, and stealing 3 sovereigns, 2 half-sovereigns, 4 crowns, 8 half-crowns, 10 shillings, 20 sixpences, and 15 groats, 892 yards of satinette, and other goods, value 590l.; his property.
MR. COOPER conducted the Prosecution.
JOHN EDMUNDS . I reside at 5, Fort-street, in the Liberty of the Old Artillery-ground, and am a silk-manufacturer. On the night of 7th Feb., I retired to bed about eleven o'clock—the doors and windows were all fastened—the window on the staircase on the first-floor was shut, but not fastened—I rose the next morning, between seven and eight—the staircase window was open, and the warehouse, the drawers, and other packet, in great confusion—I missed a great quantity of goods, eight pieces of black satinette, worth about I 1l. a piece, and one piece of blue, value about 1 1l.—after a careful examination of this black satinette dress (produced), and comparing it with my usual goods, I am deliberately of opinion that it is cut off from one of the pieces I had lost—I examined the shute, the warp, and the leasure, and from that I firmly believe it was a piece taken from mine—I have no doubt of it in my own mind.
Cross-examined by MR. PARRY. Q. IS this the dress? A. Yes, I took it to pieces myself—I was about an hour looking at it—of course when it was first shown to me I had doubts—I said, "I most have it at home, and carefully examine it"—my son examined it with me—at the end of the hour my doubts entirely vanished—I manufacture these goods, and sell them to wholesale warehouses, four or five pieces of these in a week—those ware-houses sell them to other persons—my connections are rather extensive—I make 200 or 300 pieces in a year; about 80 yards in one piece—all these pieces are as they come from the country, and if anything is amiss in them, I make a remark in my book, and against one piece I find entered, "A great number of tight shoots," and on examining this dress, I find it corresponds with that; and there is another mark which makes me almost quite sure it is it—the weaver who made this has been shooting three ends instead of two—this has the tight shoots, and is shot with three ends instead of two.
ANN COOK . I am servant to Mr. Edmunds. On the afternoon before this robbery, I was standing near the staircase-window, at a little after four o'clock—I saw Arno on the other side of the way, looking up at the window—I was very near the window; I did not go quite close to the glass—I am quite sure he is the man—he then turned himself to the door of a public-house, and appeared to me as if he called a person out—I could not hear what he said—a person, who I believe was Langford, came out and joined him—they entered into conversation for a few minutes, both looking up at the window—I left them there when I went down—next morning, about seven o'clock, I observed that window open—I afterwards went to Stepney station—I saw the officer—I was shown several men, and picked out Langford.
Cross-examined by MR. HUDDLEBTON. Q. Where was it you saw Arno afterwards, was it before the Magistrate? A. Yes, on another charge—I did not know he was going on the other charge—I did not expect to see the man, but I had told Mr. Edmunds he was a pale-looking young man—he told me the man whom be suspected was up at Guildhall on another charge—I saw the man brought up the stairs into the dock, and as soon as he came up, I said that was the man—the street is rather narrow, and to look at the window he had to hold his face up—it was daylight—I was looking at him while he was opposite for about ten minutes, and I went into the parlour and looked over the blind, and saw him still standing there—I returned to the staircase, and there he was standing looking again—I looked at him, because I could not think what he wanted—I did not see him look at any other part of the house but this window—I have no doubt about him.
HARRIETT BULL . I am single; I now reside at 25, Orshard-row, Stepney, with my father. I lived with the prisoner for or five years as his wife—his right name is Arno—I recollect his saying they were going to a silk drum; I do not know who he meant—he came home, and said the old man was not in the country yet—I do not know what day this was; it was eleven or twelve weeks ago—about a fortnight or three weeks after that, he asked me to come to Langford'8—on going there, we found him in bed with his wife; it was between seven and eight o'clock in the morning—Arno said to Langford, "Arthur, give Harriet sixteen yards of black satinette"—Langford brought two sixteen yards from a table in the end of the room, put them on a table in the middle of the room, and tore them in two—Arno gave them to me, and I carried them home—while we were there, Langford's wife said she should like a dress of some blue silk, but they said it was too well known, she must not have it—when I took the two sixteen yards of black satinette home, Arno offered one to a young girl that used to come there, for 30s., and she would not buy it—I had the other made up into a dress; this is it—I afterwards gave it to Smith, the policeman—I had to pay Arno 30s. for it, at four times—a young woman who is outside saw me pay him the money.
Cross-examined by MR. PARRT. Q. Have you been advised to change your dress before you came as a witness here? A. No; I have the same bonnet and shawl, and the same dress that I had when I was at the Police-court—no one has said to me, "How could you get a silk dress or a satin dress by shirt-making?"—I had not a satin dress on when I was before the Grand Jury, or at the Police-court—I had not a satin dress and a satin polka on—I had this bonnet and this boa on—the Grand Jury asked me how I came to get a silk dress out of shirt-making—this is the only silk dress I had—I never had but three charges against me in any part of the country—I have been in a public-house with the police, and drank with them, because the prisoner's sister and his companions have threatened my life wherever I
have been—that is why I have drank with sergeant Smith—he has offered me a drop of ale once or twice; he has paid for it—he has called on me once or twice at my father's—I have not drank with him at my father's—I hare not received any money—Arno's friends have offered me money to go out of the way, and I would not do it—I have not received any for payment of expenses.
Cross-examined by MR. HUDDLESTON. Q. Have you heard of any reward in this case? A. No; I heard Arno read one once, but I did not know what it was—he was passing a house, and read the bill, and said he would like to go and have the money—I cannot read, I have forgotten it—the young woman that Arno offered one of the pieces of satinette for sale to, used to come backwards and forwards—I do not know her name, only Esther.
Q. Was it not Esther Phillips? A. She has gone by that name; that is not her right name; I do not know her right name; she is called other names—she did not live close by me—I lived at Bethnal-green, and she lived at 9, White Horse-lane, Stepney—she is the person that I gave the name of Esther Phillips to in the last case—she is the person I was with when I was fined 10s.—I have seen her here to-day, and been in her company—she was the person the prisoner offered the dress to—she saw me pay the first 10s.; it was all in shillings, there were no sixpences—I paid it in my own room where I lived, at Mrs. Turner's, between five and six o'clock—no one else was present—Arno said he would get me a satin dress—I said nothing—I worked at shirts for the money I paid—I was to pay 30s., and I paid 10s.—I never worked at anything else but shirts—I worked for Mrs. Glasscott, at Bromley, for years, off and on—I have earned many 10s. of her.
Q. Did you earn that 10s. from her? A. No, I did not earn it from any one—I worked for Mrs. Glasscott, and had money from her several times.
COURT. Q. You said you earned that 10s. by work? A. I worked at shirts several times—I did not work foe that 10s.—I did not say I got that by working for her—if I have a right to tell, I got it by thieving; he made me do it—he has ill-used and beat me to go out thieving, and bring him the money home; he cannot deny it.
JAMES TONQUAT . I am a weaver, and live in Oakey-street. I let downstairs room in my house to Langford—one morning I was coming out, and I saw the prisoner Arno knocking at the door—I never knew him before—I did not see him go in—one day I was going up to my own place, and saw Arno coming out of the street-door—I did not see him come out of the room—I never saw him and Langford go out together.
Cross-examined. Q. Have you treated Bull to anything at any time? A. Yes, she may have had a glass or two of ale to keep her out of the way of the prisoner's friends—I do not know Esther Phillips by that name—there is a girl outside whose name is Ann Smith, I believe.
JURY to JOHN EDMUNDS. Q. Had you ever sold any satinette shot with three threads to any houses? A. Not that I am aware of; not within the last year—my orders to the weavers are to shoot two ends—I dare say I may have sold pieces with tight shoots and three ends.
LANGFORD— GUILTY . **
ARNO— GUILTY . ** Aged 21.
Transported for Ten Years.
THIRD COURT.—Saturday, May 17th, 1851.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
MR. ROBINSON conducted the Prosecution,
EMANUEL HACKETT (through an interpreter). I am a sailor. On Wednesday morning, 14th May, past one o'clock, I left the Three Crowns—shortly afterwards I was standing in a court, talking to a girl—I had changed a sovereign in the public-house—I wrapped a half-sovereign up in paper and tied it, with a half-crown, a sixpence, some shillings, and coppers, in the corner of my handkerchief, which I put into the waistband of my trowsers, which fitted very tight—the prisoners came up and spoke to the woman, rendering her away from there—Wall struck me on the face—the woman went on one side, and they did not strike her—Renney struck me on the back of the head—I staggered, and one of them laid bold of the handkerchief—as I fell, one of them kicked me—they both grabbed at the handkerchief—the sovereigns were out of the waistband, and could be seen—I held one end of it—one of them gave me a desperate blow on the head, of which I have the mark now, and I was obliged to let go—a policeman came up, but the last blow stunned me, and I saw no more—my shin and elbow were cut.
Cross-examined by MR. THOMPSON. Q. Where did you put the money into the handkerchief? A. In the public-house? I came from the Sailors' Home—I was not close to the woman—I asked the prisoners what they wanted with her—as far as I can recollect, I heard money rattle on the ground, but I was stunned—I was not quite sober.
GEORGE BALL (police-sergeant, H 21). I saw Hackett and a female standing at the corner of an alley—the prisoners went up, and Wall struck him a blow on the head and face, which caused him to reel back—Renney then struck him, and I heard money rattle on the pavement—I ran towards them, and I saw Renney trip him up with his foot, and he fell with his head against the shutter—I was sixty or eighty yards from them—they were under a gas-lamp—when I got thirty or forty yards from them they ran away, round Bear-alley—I ran, but lost sight of them—I found Hackett just rising from the pavement, holding his head—there was a mark on his lip—he picked up the handkerchief and twopence, and I found three or four pence, and this little piece of paper (produced)—in a few minutes I saw the prisoners passing round the corner of the alley—another policeman came up, and I went after them—they went into 11, Green-yard—we were obliged to knock in a panel of the door, and at last it was opened—I knew the prisoners lived there—I went into the back-yard, and heard some fences breaking, and the cry of "Thieves!" and "Police!"—I got over seven or eight walls, and let myself down into one of the other gardens, and found the prisoners—Wall said, "Here we are, we are the guilty parties"—I said, "I know you are, for I saw you both strike the man"—Wall said, "We did strike the man, but not with the intent to rob him"—Renney was nearly undressed—it was above ten or twelve minutes from the time it look place till they were in custody.
Cross-examined. Q. How long had you the sailor and the woman in your eye before the assault took place? A. Perhaps five minutes.
Cross-examined. Q. Did not Wall ask you what you wanted there? A. Yes, and Hackett said, "What for you want this girl?" and gave a blow instantly, and then the struggle took place.
RENNEY— GUILTY of an Assault.
WALL— GUILTY of an Assault.
Confined Six Months.
MR. PARRY conducted the Prosecution.
THOMAS FLOWERS . I am a porter to Messrs. Baxendale. The prisoners were also porters there—it was their duty to load trucks, I remember their loading some tea on the 6th or 7th May, at the goods-station, Camden-town—the chests were sound; the tea could not drop out—it was in Messrs, Pick ford's custody.
JOHN FOWL . I am in Messrs. Pickford's employ. On 6th May, about ten minutes to one o'clock, I was at work with the prisoners at the side-bank, Camden-town—they were loading tea into trucks from Messrs. Pickford's warehouse—I heard Jones say to Wood, "This chest of tea is in rather loose condition"—Wood got into the truck, lifted the chest on the end, poured some tea out, and said, "It is all right"—he got out, and gave Jones two sheets of paper, which he made up into two parcels, and put one into his bosom, and the other into his side-pocket—in about five minutes they left to go home, and I gave information.
Wood. Q. Will you swear the chests were in good condition? A. I saw no tea run out before I saw you take the tea out; I saw they were injured afterwards.
HENRY SAMUEL SIGSTON . I am a constable, in Messrs. Pickford's employ, I took Jones, went to his house, and found these blank printed invoices there; he had no right to them; also, half a pound and an ounce and a half of tea in a caddy—Jones was present, and said he purchased it at a place in the Hampstead-road—I made inquiries, and found that was not the case.
THOMAS HENRY THOMPSON . I am a constable, in the Railway Company's service. Jones was given into my custody—I said it was a bad job—he said, "Yes, it is, Thompson; I know who stole; Wood stole, but he stole to make a man of himself"—the prosecutors are Joseph Hornby Baxendale and others; there are three partners.
JOHN GALE . I am foreman to Messrs. Baxendale. The prisoners were under me—I took Jones to Mr. West, the manager, after he was in custody—he said he picked the tea up out of the truck, and put it into a piece of paper, and gave it to Wood.
Jones's Defence. It is not likely I should have damaged this chest of tea when I knew I should have to make it good; I scraped up what came on the bottom of the truck, gave it to Wood, and said it would do to make a pot of tea with, but the tea produced never came from there; my wife bought it; if I had been pouring it out of the chest some of the men must have seen me; they were within five yards of me; I did not put it into pay bosom.
Woods Defence. I did not go inside the truck; it is not my duty; I weighed the tea, and the box was broken; the tea was running out before it was put into scale.
(The prisoners received good characters.)
JONES— GUILTY . Aged 37.
WOOD— GUILTY . Aged 24.
Confined Two Months.
ANN FITZGERALD . I am the wife of John Fitzgerald. On Sunday, 11th May, I was in Whitechapel-road; I fainted, and stopped at a door—the prisoner came up, and asked me what was the matter—I said I felt very ill and fainting—she asked where I lived, and I told her—she said she would help me along, as she lived in the next street to me—she turned me up the first street we came to; she was going to help me, but I came to myself, and I said T did not want her assistance—she was taking me down her street, and I would not go—she said it was my nearest way home—I said it was not—she looked at me very hard, pulled my shawl off, and my parasol out of my hand, and ran as fast as she could—I was better then, and ran after her, calling "Stop thief!"—she saw a policeman coming, and threw the shawl away—a young woman picked it up—I saw her stopped—I missed 4s. 4d. from my pocket.
Prisoner. Q. Did not you say part of the parasol was left in your hand? A. Yes, the handle; and you struck me with the other half.
GIDEON GARRATT (policeman, H 213). I heard a cry, and saw the prisoner running, followed by Fitzgerald, I caught her—she said, "Oh! for Christ's sake, I have not got the shawl," before anybody had said a word about it—I received a shawl from a female, who said, in the prisoner's presence, she had picked it up close by—the prisoner did not say anything.
Prisoner. Q. Was I not in a crowd of people? A. No.
GUILTY .— Confined Twelve Months.
FANNY PATMAN . I am the wife of James Patman, of 43, Duke-street, Lincoln's-inn-fields; he was master of the house, but we have since removed. On 13th Jan., I was alone in the house, about 8 o'clock—there were then twelve towels, seventeen handkerchiefs, some petticoats, and other articles, safe in the kitchen—I went to bed at a quarter to ten, leaving the doors and windows fastened—I got up next morning about eight, missed the linen, and found a quantity of matches on the hearth—I went up-stairs, and found the front window half open—I know this shirt and pair of socks (produced)—they were in my care, to wash.
THOMAS ROBERTS (policeman, M 28). On 16th Jan. I took the prisoner on another charge—he was wearing this shirt; I spoke to him about it—he said his sister made it a long time before—these socks were in a tobacco-box in his pocket—he said he bought them two or three days before—I also found this whistle on him; a knife was found on one of his four companions, and he said that if he had known it had come to this, he would have put it into my guts.
Prisoner's Defence. I bought the shirt and socks in Petticoat-lane of a man with a bundle.
GUILTY . * Aged 22.— transported for Seven Years.
MR. WOOLLETT conducted the Prosecution.
JOHN WILLIAM TRIPE , M.D. I live at 17, King's-place, Commercial-road. I have known Johns three or four years; he was employed occasionally in my service—in Oct. last, I missed a silver snuff-box from a drawer without a lock, on the ground-floor—I had seen it at the end of Sept., or early in Oct.—this is it—the lid has been scratched, and the inscription, "Presented to John William Tripe, Esq., for his services in Plymouth during the Cholera epidemic," has been erased—I know it by the maker's name—it weighs between five and six ounces, and is worth 4l.; but much more to me.
Cross-examined by MR. ROBINSON. Q. Is not there the mark of a vice upon it? A. Yes, at the edge; apparently to bold it while being filed—I lost a great deal of property, but I have got back the greater part of it; I have no doubt it was all stolen by Johns—the pawnbroker if within eight doors of my house.
EDWIN JOHNS (the prisoner). I am a painter, of 68, Greenfield-street, Commercial-road, in my father's employ. I was painting and glazing for Dr. Tripe, and took this snuff-box from a drawer there—I toot it to; the prisoner Farmer's, is King-street—I had become aequainted with her by meeting her in the street some months previous—she asked me what business I was, and where I was at work, and I told her; and sometimes she would ask me for money—I might sometimes have a few shillings, and sometimes not; and she would say, "You can always have plenty, if you like," and such conversation as that—I asked her. how she meant—she said, "When you are at work there are plenty of things lying about, are there not?"—I said, "No"—she said, "If there is nothing lying about, there are things you can have, if you like to take them"—I said, "No, I have not seen anything there"—she said, "You can soon get something, if you please"—I said, "I might do so, certainly;" and left—she repeated the same words on different occasions, and said, what a fool I was, I might have money if J liked; but I had no heart to—she asked me what there was; I said I did not know—she said, "You look next time you go; if you can get them, I will sell them for you, whatever you get"—when I went to Dr. Tripe's, I saw a drawer half open—I opened it, and saw this box, with an inscription on it—I put it in my pocket, and took it home—I took a case and an opera-glass the same day, this was in Oct.—I kept it a day or two, and thinking it was of no use with the inscription, I filed it off, and then took it to Farmer—she said I had not erased the inscription properly, for she could see marks, and asked me what it had been—I said it was a testimonial to a surgeon, Dr. Tripe, for his services during the Cholera—she said she would go and see how much money she could get for it—I waited about half an hour, when she came back, and said, "I have got rid of it, but I bad a great deal of trouble to, and the pawnbroker looked at the snuff-box, and was very suspicious, and wanted to know what had been on it"—I asked her what she told him—she said she told a story about it having belonged to a relation of hers, and there was an inscription on it which she did not wish to be seen, and it was erased—she said she got 1l. 8s. for it, and gave me 14s.
Cross-examined. Q. What led to the first conversation? A. A man was
Using foul language to her in the street, and I took her part, and said he ought to know better than to speak to a woman like that—after that I saw her perhaps twice a week, and used to have something to drink with her—the snuff-box was taken three weeks or a month after the first conversation—other persons lived in her house, but there was nobody present—I heard the pawnbroker state before the Magistrate that she had told him a story to induce him to take it—I did not take notice of what he said the story was, I was thinking how badly I had acted—I have not seen Dr. Tripe to speak to him since I have been in prison—I have seen him in Court—I have received no communication from him—there is no attorney who has instructed Mr. Payne to defend me—I have not seen one—I was told I had better confess what I knew, as that might be an incentive to Dr. Tripe to recommend me to mercy, but not if I held out and opposed it—I am sorry to say I have taken a very large quantity of things from Dr. Tripe—I took a japan-box at the instigation of the female prisoner—I took it to her, and she said I had better not take it into her house, as anybody might see it there, but I bad better take it home and open it, and see what things were in it—I did so, and brought the things to her, and she pawned them—she told me I bad better hide the box—I did not know what to do with it, and I threw it into the canal—I did not steal an ivory box, or break it up, and throw it into the water-closet—everything I took from Dr. Tripe's was at the prisoner's instigation—I never got rid of anything myself but a pencil-case, and she took that first and brought it back again.
MR. WOOLLETT. Q. How many conversations had you with her? A. A great many; she was continually reproaching me—she gave me some of the money on each occasion—she lives in a small private house, in King-street. JOHN HALES. I am assistant to Mr. Fuller, a pawnbroker, of King's-place, Commercial-road. I have known Farmer seven or eight months—she pawned this snuff-box and an opera-glass with me for 1l. 8s.—I think it weighed five ounces—I said something about its having bad an inscription, and she said it belonged to a relative who erased it, because he did not want it to be known that he bad parted with it, which satisfied me—it has since been redeemed by a young man, I do not know who—it was not Mr. Jutsom's assistant.
Cross-examined. You live within a few doors of Dr. Tripe? A. Yes.
WILLIAM JUTSOM . I am in the employ of my uncle, a pawnbroker, of 9, King's-place, Commercial-road, close to Dr. Tripe's. About the latter end of April, the officer, Kelly, came and claimed the snuff-box, and other things—I was present when my uncle bought it of the prisoner Farmer, at, I think, 4s. 8d. per ounce—he is not here—I have known the prisoner for years dealing there.
THOMAS KELLY (police-sergeant, H 2). I took Farmer on 16th April, and told her she was charged with stealing a quantity of plate and jewellery belonging to Dr. Tripe—she said she received it of Johns, and he gave it to her—I do not think he had been taken then—I said, "You must be very foolish to receive it from such a lad"—she said, "He told me he received it from his father," or "his brother," I am not certain which—she told me when it was pledged, and said she sold the ticket for 5s. to a pawnbroker—I do not think she mentioned his name.
Cross-examined. Q. Did not she mention Mr. Jutsom. A. She might have, I did not go there.
FARMER— GUILTY .
JOHN WILLIAM TRIPE , M.D. I missed from my house two brooches, four seals, a butter-knife, a pair of pistols, a powder-flask, and a variety of articles, worth 70l. or 80l.—these articles (produced) are all mine—about 10l. worth are not recovered yet—this opal brooch is worth 20l.
EDWIN JOHNS . I took these articles from Dr. Tripe's at various times, and took them to the prisoner to get what she could on them—she gave me 2l. 3s. for this opal brooch, and 15s. for these two seals; my share altogether was about 3l. 5s.—I told her I took them from Dr. Tripe's
JOHN HALES . On 10th Feb., Farmer pawned this brooch at my shop—I advanced her 1l., subsequently another 1l., and then 5s.—the intrinsic value is about 5l.—I should be glad to sell it for that—I gave it to the officer—a seal was pledged with it for 13s., which Farmer afterwards redeemed—I did not purchase the ticket of the brooch, she offered it to me of security for the last 5s. I lent her—she said she would call and take it away in a day or two—I have had it three months.
Cross-examined by MR. ROBINSON. Q. You found some property at Dr. Tripe's, which had been stolen by Johns, but had not been in Farmer's possession? A. Yes; they are not charged.
Prisoner. Half of the things I have never seen.
GUILTY . Aged 36.— Transported for Seven Years.
(JOHNS received an excellent character, and was strongly recommended to mercy by the Prosecutor. Aged 17.— Confined Six Months.)
MR. CAARTEEN conducted the Prosecution.
DENNIS WOODIN . I am a clerk in a merchant's home, and live at 11, Downham-road, Kingsland. On 6th May, about nine in the evening, I was in Bishopsgate-street—Baun spoke to me, and I missed my handkerchief—I had had it half-an-hour before—I went up a court with him, about 100 yards off, and saw two men coming down it as we went up—they passed us; it was too dark to recognise them—we went into a public-house, and then to the station, where I saw this handkerchief (produced)— it is mine, and is marked—I had it that night.
JOSEPH BAUN . I am clerk to a Berlin importer, and live at 5, Lombard-street. On 6th May, I was in Bishopsgate-street, about twelve yards behind Mr. Woodin, and saw the prisoners coming towards me into the City—they passed me, turned back, and walked behind Mr. Woodin, across the road—I went at the same rate as they did, on the other side of the road—Fynn lifted up Mr. Woodin's pocket, put his band in, took it out again, and put it under his coat—Mitchelson was behind him, not half a yard from him, and turned round to see if anybody observed him—they both went up Angel-alley—I spoke to Mr. Woodin, and we followed them, and met them about half-way—I knocked at the door of a house in the court, to allow them to pass that they might have no suspicion of our following them—I told Woodin to go into a public-house, and I followed the prisoners into Bishopsgate-street, and gave them into custody.
Cross-examined by MR. HORRY. Q. You had the misfortune to be a witness against a pickpocket yesterday? A. Yes; and I have been so at the Sessions-house—this is the third time within two months—Bishopsgate-street may be forty yards wide, I could see what was doing on the opposite side—there was nothing in the road, and I was on the outside gutter; nobody came between my sight and the prisoners—I lost sight of them when they turned up Angel-alley; it was dark, and there was only one lantern in the court—I am certain of the prisoners; Mitchelson wore a hat, and Fynn a cap.
MR. CAARTEEN. Q. What became of the men against whom you were a witness yesterday? A. One was a noted character, and had seven years transportation, the other had twelve months—there were a great number of lights in Bishopsgate-street—it was just by a public-house—there are two or three outlets to Angel-alley, they might have gone on if they had liked.
JOHN ENRIGHT (City-policeman, 647). I took Fynn in charge from Baun, who assisted me with Mitchelson till another policeman came, and we all went to the station—I found these two handkerchiefs upon Fynn, one in his pocket, and the other in his breast.
FYNN— GUILTY . **† Aged 21.
MITCHELSON— GUILTY . **† Aged 21.
Confined Twelve Months.
OLD COURT.—Monday. May 19th, 1851.
PRESENT—Mr. Ald. KELLY; Mr. RECORDER; and MR. Ald. LAWRENCE.
Before Mr. Recorder and the Third Jury.
1173. SOLOMON HYAMS and SARAH HYAMS , stealing 232 1/4 yards of hat-plush, 150 yards of silk, and 43 yards of cloth, value 120l.; the goods of Richard Attenborough: in his dwelling-house.—2nd COUNT, receiving the same.
MR. CLARKSON conducted the Prosecution.
JOHN PAWLSY . I am assistant to Richard Attenborough, pawnbroker, of 31, Crown-street, Finsbury. On Tuesday night, 1st April, between eight and nine o'clock, I left the shop—everything was then safe—I returned in the morning about nine, and found a duplicate on the warehouse-stairs—a sack in the warehouse was empty—it had been full overnight—I missed a quantity of hat-plush, silk, laventeen, and a memorandum for 20l., which has not been found—I can identify this parasol-silk, hat-plush, and silk-waist coating (produced).
Cross-examined by MR. PARRY. Q. Was it on the night of Monday, 31st March, or Tuesday, 1st April? A. It was Tuesday night or Wednesday morning—I speak positively to these things by taking them in pledge—I know this cloth by the selvage and the maker's name.
ROBERT BURT STUART . I am one of Mr. Attenborough's assistants, and sleep on the premises—I attend to the warehouse—on Tuesday night, 1st April, I was in the top warehouse, and saw these things safe on the rack—the window was shut, but not fastened—next morning, at seven o'clock, I found some parcels lying on the ground, and one of the racks was empty—I found two tickets on the stairs leading from the under to the upper warehouse.
SAMUEL JONES . I am a silk-winder, of Anchor-street, Shoreditch. I pledged these pieces of plush at Mr. Attenborough's—there is sixty yards in two pieces on one roll, and fifty-five yards on the other—it is worth 9s. a yard—one had been pledged more than twelve months, and the interest had been paid up—I know it by the edge and the pattern.
CATHERINE LYONS . I am the wife of Philip Lyons, of Bell-lane, Spitalfields; Sarah Hyams is my aunt. On 10th April she called on me, and said she had had words with her husband, and she would not go home any more, and asked me whether she might stop at my place for a night or two (my husband was not at home)—I told her I had no convenience for her—she said convenience was not anything, and she would go down and secure a bed from her property, for Mr. Hyams generally made away with and pledged her property—she went away—in about a quarter of an hour she returned with what looked like a bed—she placed it at the foot of my bedstead, and said she would come that night and sleep on it; as she brought her bed I could not refuse her, but she never came—next night a constable came, and I gave the bundle to him—it was opened, and contained plush, silk, and cloth—my husband was there then—I did not know the contents of the bundle till that time.
Cross-examined by MR. BALLANTINE. Q. You never had the curiosity to look at it? A. No; some one may have assisted her to carry it to my house—my husband was out carrying pass over cakes—be was taken up and charged with receiving these goods, knowing them to be stolen—he proved his innocence—I did not see Mr. Clarkson at the police-court—my husband threatened to give me a good hiding for not telling him—he did not do so, he thought I had quite trouble enough—he would have beaten me, if it had not been for the officer—he is a slipper-maker—Hyams is his uncle, and is a Jew—Mrs. Hyams is a Christian, I and my husband are Jews.
PHILIP LYONS . I am a slipper-maker, of Bell-lane, Spitalfields. On Friday, 11th April, I was at home when—the officer came—up to that time I was not aware of any bag or bundle being brought to my house—in consequence of what the constable said to my wife, she pulled the bundle out from the bedstead—I was angry with her, and was about to beat her—I was taken in custody—I took the officer to Hyams' house, and he took both prisoners in charge—the property was produced at the station, and Hyams said it was his—I was admitted to bail, received as a witness, and discharged—the policeman was going to take my wife—she fainted—my three little ones came round her, and I said, "Take me, if you please; I will be answerable for my wife."
JOSEPH WARD (City-policeman, 628). On 11th April I went in private clothes to Lyons' house—Mrs. Lyons produced from under her bedstead a bundle tied in a blanket and quilt, which appeared like a bed—I found in it the silk and plush produced—Lyons threatened to beat her for taking it in—she fainted—I took him in custody, and in consequence of what his wife had said, took him to Hyams's house—he did not show me the house—I knew it well, and had searched it before—Mrs. Hyams opened the door, and said, "What do you want of me?"—I said, I must take her and her husband on suspicion of some property which I had got, and followed her down to the back-room on the ground-floor, where Hyams was sitting on a sofa—Mrs. Hyams asked to go up-stairs to get her bonnet—I followed her up, and found some coats and three pieces of cloth—I came down, and took the three to the station; the property was produced there, and Hyams said it was all his—the inspector asked him if he had any invoice—he said, "I shall leave that to another time."
Cross-examined by MR. PARRY. Q. His wife had been charged at that
time? A. Yes; I had no evidence against him, except any statement he might make—the goods were untied before him—I had brought them from Lyons's house to Hyams's, and from there to the station—I have been seven years in the police.
GODFREY FOSBERRY (City police-inspector). I was present when the prisoners were brought to the station—the things were produced, and Hyams said, "That is my property"—I asked him if he had an invoice—he said, he would reserve what he had to say.
Cross-examined by MR. PARRY. Q. His wife was charged at this time? A. Yes; it is not my habit to put questions to prisoners—Hyams volunteered the statement that it was all his.
SARAH HYAMS— NOT GUILTY .
HYAMS— GUILTY on 2nd COUNT.
JAMES SLATTER . I am assistant to John Baldwin, tailor and draper, of 31, Cornhill. On Thursday evening, 10th April, between five and six o'clock, I heard the door slam—I went into the front shop, and saw no one—I missed five coats from a shelf—these are them (produced)—there are many marks by which I can swear to them—I produce a pattern of the cloth this one is made of, and these two I know by the trimming—I made them for three particular customers—this one I know by the lining—the owner tore it in the back, and I put in a new back and new lining.
JOSEPH WARD (City-policeman, 628). On 11th April, I went to Hyams's house, 4, Cobb's-yard, Petticoat-lane—I followed Mrs. Hyams up-stairs, and found these five coats and three pieces of cloth in a bedroom—I took them to the station with the prisoners; they were produced there, and Hyams said, "All the property is mine."
MR. PARRY called.
JACOB MOSES . I deal in clothes, and live at 9, Holy well-lane, Shoreditch; I have attended the clothes-market almost every day, for forty years. On Friday morning, I believe it was April 11th, I was in the market between eleven and twelve o'clock, and a man offered me some coats for sale; those produced are five of them—I was about a quarter of an hour bargaining for them—I bid 1l. each, and was asked 1l. 7s. 6d.—I did not purchase them—master tailors and journeymen are in the habit of bringing clothes there for sale—I saw Hyams in the market that morning and afternoon—I was not present at any sale of them to him—I have known him dealing in the market twelve or fourteen years (the policeman Ward here stated that the witness had been in custody for receiving stolen property)—I have never been charged with receiving stolen goods—I have been locked up; the Lord Mayor detained me, and sent the officer for my eight witnesses—he brought them, and the Lord Mayor discharged me—it was a charge of buying two ribs of an umbrella in this market—they were given to me as a sample—Sergeant Kelly reported the result of his inquiries to the Lord Mayor.
COURT. Q. What time was it when you bargained for these coats? A. As nigh as possible between eleven and twelve o'clock—it was on a Friday; last Friday five weeks, I believe—I always go to market for my family on Friday, because we do not deal on Saturdays, and I only go to the meat market once a week—four of these coats have nothing particular about them; they are paletots—one paletot was lined with silk, but that is not here—there were five lined with Alpaca, some of them are worth a few shillings more or
less than others—I do not know these coats by any mark, but by the look—I heard of the charge being made against the prisoner on the next morning—I did not go to the Police-office—I said nothing about it till the next week—I never saw the coats since I saw them in the market till now—I wanted to describe them before seeing them, but the Court would not let me—no friend has described them to me—I had not an idea these were the coats till I happened to name it to a party, who said, "I dare say they are the same coats."
Q. Who is the party? A. Two or three different parties—I cannot name the party; there are hundreds and thousands of people there—I did not notice that one of the coats had a new piece of cloth put into it, they all appeared new.
ELLEN GAVIN . I was in the service of Mr. and Mrs. Hyams—I remember the Friday night when they were taken into custody—on the Thursday evening Hyams came home, to the best of my recollection, about six o'clock—I did not look at the clock—he did not go out again, nor did Mrs. Hyams.
JAMES SLATTER re-examined. None of these goods were offered for sale in the market—we are not in the habit of sending goods there—the names of the parties the coats were made for, have been taken out—I wish Mr. Baldwin to be examined.
Cross-examined. Q. When they were stolen from you had they the names of the persons for whom they were made on them? A, Three of them had—I have a perfect knowledge of them; they have passed through my hands repeatedly.
SARAH HYAMS— NOT GUILTY .
SOLOMAN HYAMS— GUILTY of receiving.* Aged 40. Transported for Seven Years.
MR. CLERK conducted the Prosecution, and offered no evidence against.
NICHOLLS— NOT GUILTY .
ANN HOLLAND . I am single, and live at Manor-cottage, Chelsea. In the beginning of May, the boy White was living with me at Mr. Mitchell's. On 3rd May, about one o'clock, I placed a 5l.-note of the Gloucester Bank on a box in Mr. Mitchell's bed-room, and covered it over with a newspaper—White was in the room at the time—he left the house about half an hour after-wards—and about half an hour after that I missed the note—he did not return.
Cross-examined by MR. RIBTON. Q, You had rather not give evidence against White, I believe? A, No; he has been under my care four years—I could have locked the note up in the cash-box—it was before dinner I put the note there—White left before dinner—I had rather have lost all the money than he should be here—Mr. Mitchell was in the room in bed when I put the note on the box.
(The COURT considered that the note was in Mitchell's custody, and directed a verdict of NOT GUILTY .)
MR. FRANCIS conducted the Prosecution.
JAMES ALDRIDGE . I am a greengrocer, at 16, Gray's-inn-lane; my premises consist of a shop, parlour, one cellar down-stairs, and one at the back of the parlour, and a bed-room over the parlour—on 29th March, about twenty
minutes or half-past six in the morning, I came out at my door, and my attention was pointed to the iron railing, which I found had been forced out and put down in the cellar, on some baskets of potatoes—an iron grating had also been forced away and was in the cellar, so that any one could descend with the greatest ease—I went back, went to the back-parlour, and missed a number of things—I went into the cellar and found a small basket, four tumblers, a glass milk-pot, and a glass custard-cup, ready to be handed up from the cellar—they had been in the parlour the night before—I then went to the back parlour and missed a waterproof Mackintosh, a shawl, a pair of plated candlesticks, snuffers and tray, a silk umbrella, a teapot, and a small knife—I had seen them safe on the Friday night at half-past ten o'clock—on the table I found this cap and a screw-driver (produced,) they are not mine, I never saw them before—on the following Sunday I found this other cap (produced,) in the cellar at the back of the shop—on the following Saturday, the prisoner came and said he had come for a cap of his that I had there—I said, "I have a cap, but I don't know whether it is yours or no"—he said that it was a black shiney cap, with a piece of fur round the back—I said that was the sort of cap I had got; and he said, "That is mine, then"—I told him where I had found it, and I then observed that he had on my cap which I had missed from the back parlour—"This is it," I said, taking the cap off his head; "it is not a cap like this that I have"—he said, "No"—and I said to my boy, "Then, fetch a policeman"—he said, "Oh! if you are going to send for a policeman, I shall not stop; you know where to find me—if you want a policeman you can send for me"—I said, "I know where you are now, and if you will wait till the policeman comes, and give him satisfaction how your cap came in my place, you can go"—he said he should not stop—I said he should—he took a pipe from his mouth, caught hold of me by the neckcloth—I took hold of him, a struggle ensued, and he struck me—the policeman came—I went with him to the station, saw him searched, and this knife, which is one I missed from my wife's work-box, was found upon him—I am confident it is the same—this teapot and shawl are mine—the candlesticks are not found.
Prisoner. Q. When had you the knife in your possession? A. On the Friday night—I found the glazed cap on the Sunday morning, at a quarter-past seven o'clock—I had not been into that cellar before, as there was a quantity of water there.
ADAM MACDONALD (City-policeman, 241). The prisoner was given into my charge on Saturday, 5th April—he said he knew nothing about the robbery—he said he got the cap he had on his head from a man that lived in his house, of the name of Bony Jack— I searched him at the station, and found on him 4d. and two knives, one of which the prosecutor identifies.
Prisoner. Q. Did not you tell the prosecutor that the cap was not sufficient to find proof against me without he found something else, and he then looked twice at the knife and identified it? A, I did not—the prosecutor took the knife home, so that his wife might see it—he had a doubt about it at first—I did not ask you where you got the knife—you did not tell me you found it, and I did not tell the prosecutor so.
SAMUEL BEALES . I am in the service of Mr. Reeve, a pawnbroker, of 19 and 20, Gray's-inn-lane. On 29th March Julia Burke came to our shop, about a quarter to eight o'clock in the morning, and brought this shawl to pledge—I took it in—she went away, came again, and brought this teapot and a pair of candlesticks—I did not take in the candlesticks, because they were of no value to us, one of them having the bottom out.
JAMES ALDRIDGE re-examined. The prisoner lived at 9 or 10, Tyndall's-building's, Gray's-inn-lane; it is also called Spread Eagle-court—I was sure about the knife at first, only I had not seen it for two or three weeks, as my wife used it in her work-box—I am quite confident about it now by the make of it, and the small blade has been broken off—I have a distinct recollection of these marks being on it before I missed it.
JULIA BURKE . I live at 9, Tyndall's-buildings—I have lived with the prisoner some time, but am not married to him. I went to the pawnbroker's on 29th March, about eight o'clock in the morning, and pawned the shawl and tea-pot—I had them from a man named Richardson, the landlord of the house where we lodged.
COURT. Q. Where did you get them? A. He came to my bedside on the Saturday morning before I was up, and asked me to get up and make his breakfast, and showed me the shawl, tea-pot, and candlesticks—the prisoner was in bed at the time—Richardson went with me to the pawnbroker's, and waited at a public-house while I went in—I gave him the money and ticket—I got 2s. on the shawl, and 1s. on the tea-pot—we had lodged with him three or four months, and paid 18d. a week, and I did for Richardson as a servant—we only owed him 18d., one week's rent, but our week was not up till the Saturday night.
Prisoner. I was in bed that morning for half an hour after she got up; she knows that the knife is mine. Witness. He is as innocent as any gentleman in Court—he had this knife before Christmas, that I can solemnly swear; and on that same Saturday night as I pledged the things, when he came home from work at eight o'clock he had this cap on his head, which Mr. Aldridge says he found in his cellar on Sunday morning—I was present when the prisoner missed it in the evening—he asked me if I had seen it—I said, "No," and I and another man looked in every part of the house for it, but could not find it; and he got this cap from one of the lodgers, who went by the name of Bony Jack—I gave him two pins to put in the crown, where it was torn—he got that cap from Bony Jack on the Sunday, between two and three, to the best of my opinion—Richardson's son, who is about eleven or twelve years old, came in and told him that he had seen his cap in the coal-shed on the Monday or Tuesday, and he went after it twice—the boy is not here—the Richardsons went away when the prisoner was taken—I do not know where they have gone to.
MR. FRANCIS. Q. Which of these knives (producing two to the witness) is it that you say the prisoner had? A. This (selecting the one sworn to by the prosecutor)—this is what I can solemnly swear to.
COURT. Q. What do you know it by? A. By the marks—one blade is short, and another long, and by the notches on the bone, and by the bit of brass wire by the side where the blade goes in.
JOHN ARCHER (policeman, G 217). I was employed to look after Burke from the description the pawnbroker gave of her, and found she had absconded from 9, Tyndall's-buildings—I think I went twenty times during four or five days, and could not find her—at last I waited at the prison during the hours of attendance, and saw her sister come to visit the prisoner—I followed the sister, and saw Julia Burke come out of No. 8, Tyndall's buildings, and go into No. 9—I followed, and took her into custody—I had been to her house every night at all hours—I first went about 1st April, the next day but one after the robbery, and I found her on 7th—I apprehended her, and the Magistrate admitted her as a witness—I have made inquiries, and find Richardson has gone away from the place, but I know where he is—we could
have taken him, but the Magistrate said there was no corroborative evidence—the witness Burke was then a prisoner.
EDWARD GREEN (policeman, G 106). On 29th March, about twenty minutes past six o'clock, I was opposite the prosecutor's house, and saw the grating wrenched up and thrown down the cellar—there was plenty of room for a man's body to pass through—I called the prosecutors attention to it—the house is in the parish of St. Andrew, Holborn.
JAMES ALDRIDGE re-examined. I know this knife by the notches on both sides the handle, and the small blade being broken—I broke it in cutting a piece of wood—there is nothing else by which I know it—I gave it to my wife to use three or four months ago—I broke it before that—the large blade is oval at the back, and goes to a point—I found the cap on the Sunday morning before I opened the shop, when I lighted the gas to look at something there—I know young Richardson; he used to come to my house for coke—he saw the cap hanging up in the shop, and said, "I know whose cap that is," and I said, "If you do, you had better send them for it"—I had looked in the cellar on the Saturday, but did not see the cap then, it was so dark—I do not know of anybody going to the cellar between Saturday and Sunday—they could have done so without my knowledge—customers coming for coke on Saturday night would go into that cellar—the elder Richardson was a customer—I cannot recollect whether he came on that Saturday night; he may have done so—I was serving all Saturday night—Richardson frequently came, generally every morning—I cannot recollect whether he came on Sunday morning, but I found the cap before the shop was opened—I saw the knife the night before the robbery.
(The prisoner, in a long defence, asserted his innocence, stating that he was in bed at the time of the robbery; that his cap must have been taken away by some one, and on hearing that it was at the prosecutor's shop he went and claimed it; and that the cap claimed by the prosecutor was lent to him on the Sunday by the man called Bony Jack, a lodger in the same house,)
JOHN CONNOR . I know the prisoner; he lodged at the same house as me—on the Saturday before he was apprehended, I was at a public-house with him, between eleven and twelve o'clock—he asked me to have a pint of porter with him, and I was with him about half an hour—he had a cap like this one on—I have seen him with a knife like this, but cannot swear to it; it was white-handled—that was better than three months ago; he used it to cut his tobacco with—I was not before the Magistrate.
Cross-examined by MR. FRANCIS. Q. What day was it you saw him? A. The Saturday before he was taken—I cannot swear to the day of the month—it was not a Friday night—he comes home every night—I often have a pint of porter with him—there is nothing particular in that—we generally go to bed at our lodging-house between eleven and twelve o'clock—I know the prisoner went to bed that night—I slept there on the Friday night—I did not take particular notice of his going to bed that night—I do not recollect his getting up on the Saturday morning—I am quite sure, he went to bed on the Saturday night—I do not sleep in the same room with him, but he went to bed before me—I have been once to see him in gaol—I did not talk this matter over.
COURT to JULIA BURKE. Where was the prisoner on the night before the
Saturday you took these things to the pawnbroker's? A. When he came from his work, he had supper and went to bed with me—he was in bed next morning at eight o'clock when I went to pawn the things—Richardson and his wife and little boy slept in the same room.
NOT GUILTY .
MR. WORSLEY conducted the Prosecution.
EDWARD JOHN SHAW . I am groom in the service of Mr. William Smee, of Woodbury Down, Stoke Newington; I sleep in a room over the harnessroom. On Friday, 9th May, I had been out with the phaeton from half-past ten o'clock till seven, and had the key of the room in my pocket—I left the room locked—I went into the room at seven, and missed a coat and waistcoat, which I had placed in a drawer in the morning—the prisoner was employed on my master's premises as gardener about nine days, and I left him at work that morning—to get to my room you must go through the coach-house and harness-room—they were not locked—I gave the prisoner in custody next morning.
Prisoner. I had the privilege to go to the coach-house to wash. Witness. He had into the harness-room, but not into my room.
EMMA FRANCES BEAN . I am assistant to Mrs. Crow, a pawnbroker, of Edmonton. On Friday, 9th May, the prisoner came to our shop, between six and a quarter-past seven o'clock, and pledged this coat and waistcoat (produced) for 16s. in the name of John Wayner—he said they were his own property, and he had worn them twice.
GEORGE LANGDON (policeman, N 27). On 10th May, about one o'clock, I saw the prisoner at the Tottenham station, in a railway-carriage that was just going to London—I asked him what his name was—he said, "Smith"—I asked him where he came from—he said, "The Cock and Castle-lane; Kingsland"—I was satisfied that was wrong, and told him he was charged with stealing a coat and waistcoat—he said he knew nothing about it—on the way to the station, he said, "I suppose if you bring this home to me, it will send me away."
Prisoner's Defence. I left there twenty minutes before six, and was at Kingsland at half-past; the stable-door and coach-house were always open; when I went next morning, I was taken to the station, and was discharged; I went to my master, got my wages, and went to Tottenham to see my sister.
MARY NEAVES . I live at Phillip-street, Kingsland-road; I am the prisoner's mother. On 9th May, the prisoner came to me, about half-past five, or a quarter to six, and remained till eight—I live about three miles and a half from Mr. Smee's—the prisoner's wife's maiden name is Wagner.
ROBERT BUTCHER (policeman, N 37). I produce a certificate of the prisoner's conviction—(read—James Neaves convicted, Nov., 1850; confined three months)—I was present at that trial—the prisoner is the person—he pleaded guilty.
GUILTY . * Aged 24.— Transported for Seven Years.
NEW COURT.—Monday, May 19th, 1851.
PRESENT—Mr. Ald. KELLY; Sir CHAPMAN MARSHALL, Knt.; Mr. Ald.
FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 46.— Confined Twelve Months.
MR. COOPER offered no evidence. NOT GUILTY .
1180. JAMES KELLY and WILLIAM CARTER , breaking and entering the dwelling-house of Henry Paine, and stealing 6 coats, and other articles, value 24 l. 5s.; his property. MR. RYLAND conducted the Prosecution.
HENRY PAINE . I am a tailor, and live at 234, Strand; it is my dwelling-house, and is in the parish of St. Clement Danes. On the night of 7th April, I made the house and premises secure, about half-past eleven o'clock—I have a back-kitchen window, which is protected by iron bars outside—that window was shut that night, and the bars were in their proper places—I had a great many articles of clothing, and other things in my shop; they were all safe when I went to bed, and there was a pair of boots belonging to my foreman—next morning, I was disturbed about half-past five, by a servant—I went down, and found my shop in very great disorder, and goods lying about the floor in all directions—I went for a policeman—I examined the back window, and found it open, and the bars were wrenched out of the stones, that would enable any person to get in at that window, and having got in, they could get in the shop—the desk was open, and the papers that had been in it were all strewed about—several coats, waistcoats, and trowsers were missing; some waistcoat-pieces, buttons, and coat attachers, and the boots belonging to my foreman were gone—I have seen several of the articles since, in the hands of the officers—the value of the whole was about 25l.
HENRY DEIGHTON . I am in the service of Mr. Spink, a pawnbroker, in Gracechurch-street. In the early part of April, two coats were pawned with me for 1l., I believe by the prisoner, Kelly—the same person came again on 16th April, took one of the coats out, and left the other for 15s.—he gave the name of Gayham—I could not swear positively, but I believe Kelly was; the man—on 15th April, a waistcoat was pawned by me, in the name of John Carter; I believe by Carter—I gave him a duplicate, which I have seen since in the hands of the officer—this is it (produced.)
EDWARD HENRY JONES . I am in the employ of Mr. Barker, a pawnbroker, in Houndsditch. I produce a waistcoat pawned there on 16th April, in the name of John Mahoney—I believe by Kelly—this is the duplicate I gave.
THOMAS WILLIAM ROBINS . I am assistant to a pawnbroker, in Whitechapel-road. I produce a coat and pair of trowsers, pawned on 11th April, in the name of John Young—I did not write this duplicate, nor see it given—the counterpart is in the same writing—it is the writing of the assistant, who has since left—I believe Carter was the man who pawned them—this is the duplicate given.
April, and gave a ticket in the name of John Carter—I have no doubt Carter is the man—this is the ticket.
CHARLES MILLS (policeman, K 306). In consequence of information, I apprehended Carter on 17th April—I found him near Arbour-square station, I took him into the station, and told him he was charged with being concerned with another person, not in custody, in stealing a quantity of coats, and other property—he did not say anything—I took off the coat that he was wearing—it has been since claimed by Mr. Paine—Carter said he bought it at Moses and Sons, a short time ago—when he was standing in the dock, I saw he had a piece of brown paper, I looked at it, and it contained the duplicate relative to those waistcoat-pieces which have just been produced—he said he bought the duplicate of a person of the name of Carter.
WILLIAM SMITH (police-sergeant, K 28). I apprehended Kelly on the night of 17th April, in Whitechapel. I told him he must consider himself in custody for being concerned, with another person in custody, for breaking into Mr. Paine's premises, a tailor, in the Strand, and stealing coats, waistcoats, and other articles—he said, "Well, well, well"—I took him to the station, and found on him six duplicates, five of which have been spoken to by the pawnbrokers here present—he had this pair of boots on, which have been claimed by Mr. Paine as belonging to his foreman—Kelly said, "These boots belong to me; I paid for them"—next day I went to the Saracen's Head, in Camomile-street, and found a deal box there, which had "W. Carter" cut on the lid—I showed it to Carter at the station, and he said, "That box belongs to me"—it contained a quantity of coat-attachers and buttons, which Mr. Paine has identified.
KELLY— GUILTY . Aged 20.
CARTER— GUILTY—Aged 20.
Of Receiving,— Transported for Seven Years.
GEORGE SCOTT (City policeman, 560). On the 24th April, at half-past eleven o'clock, I was in King William-street. I saw the two prisoners, and saw two ladies together—I saw Brown put his hand into one of the ladies' pockets—Smith was standing close by him—they then went away together—I made a communication to a brother officer, and followed the prisoners to Thames-street—I had watched the prisoners for some time, and saw them try several pockets previously—I took the prisoners to the station—before I got there, I found this purse in Brown's pocket—it was torn open, and was empty—I found on him three sixpences, and 2d. in copper, and a knife.
Cross-examined by MR. ROBINSON. Q. How long had you been watching them? A. About half an hour—there was a mob of people collected round a shop, where this happened—it was Brown put his hand in the pocket—the prisoners went away together, and were together when I took them.
GEORGE HYDE (City policeman, 516). I was with Scott. I had watched the prisoners—I saw Smith put his hand in several ladies' pockets—I saw the two ladies that have been spoken of, and saw the prisoners go close to them, but I could not see what was done—I saw the prisoners leave them suddenly, and go towards London Bridge—I spoke to the ladies, and then went after the prisoners—I took Smith—I saw his hand was shut—I opened it, and found in it these three shillings—I took him to the station—I found 1s. 6d. in silver in his pocket, and 7d. in halfpence.
MARTHA MOORE . I am the wife of Thomas Moore. I was walking with a friend, on 24th April, in King William-street, about a quarter past eleven o'clock—the officer came to me—I felt in my pocket, and missed my purse, which had contained 4s. 6d. or 5s.—there were some shillings in it, and one or two sixpences, and I had about two shillings and some halfpence loose in my pocket—I did not miss the loose money—this is my purse—it is now torn—I had it safe a quarter of an hour or twenty minutes before.
(Smith's aunt gave him a good character, and stated that she had an order for him to go into the Navy.)
SMITH— GUILTY . Aged 15.— Judgment Respited.
BROWN— GUILTY . Aged 16.— Confined Six Months.
1182. DANIEL DALEY , EDWARD CARTER , and CHARLES TUCK , burglariously breaking and entering the dwelling-house of James Durrant, and stealing a watch and other articles, value 6l. 8s. 6d., and 480 farthings; his property: Daley having been before convicted.
MR. BIRNIE conducted the Prosecution.
JAMES DURRANT . I am landlord of the Bull's Head, in York-street, Westminster. On the night of 23rd April, I went to bed about a quarter before twelve o'clock—I left my place all secure—the next morning, at a quarter before six, I got up—I found the bar-door, that enclosed the bar, had been broken open very violently—the bolt of the lock was not forced back—it had been forced violently, and the door broken—I found the bottles strewed all about the place, and some on the floor—I missed two boxes of cigars—I found a pane of glass broken by the side of the door—they had cut the putty out, and starred the glass, but not taken it out—they had opened the stairs'-foot door, and a few steps up there is a panel, which had been formerly a door—they made an attempt to open that, but could not do it—they made their way into the bar by the bar-door—the tap-room shutter had had a hole cut in it with a knife, and the bolts drawn back—that tap-room opens to my neighbour's yard—they had come over the wall; I missed three packets, each containing half-a-crown's worth of farthings, a silver watch from the mantel-piece in the bar-parlour, and a great number of other things, and about one pound of cigars.
Daley. Q. You said three-quarters of a pound, and now you say one pound. A. I could not tell the amount—one box was about half a pound—the other I could not tell exactly.
COURT. Q. What parish is your house in? A. St. Margaret's, Westminster—I am master of the house—I was the person who went to bed last that night—I saw the shutters and the tap-room safe, and the bar-door was all right—that was about a quarter before twelve o'clock.
WILLIAM ELLIOTT (policeman, B 68). On the morning of 24th April, about half-past two o'clock, I saw Daley and Carter right in front of the prosecutor's house—they were standing talking—I told them I wished them to go home—they went up a court, and said they lived there—the next time I saw them I was at the station-house—I have no doubt that they are the persons.
THOMAS FOY . I live in Willow-street, Vauxhall-bridge-road. I met the three prisoners early one morning, before six o'clock—I have no doubt as to any one of them—I went with them, and had a little drop of drink—I gave the money for my share of the drink to Carter, I think—I am sure it was to one of the three—I do not know which of them paid the landlord—I did not see any farthings, and did not give any—I left the house with the three
prisoner, and parted with them just outside the door—we had had gin-half-a pint was drank, I believe.
OWEN OWEN . I am landlord of the Golden Fleece, in Tothill-fields. On the morning of 24th April, the three prisoners and Foy came in, between five and six o'clock—they had half-a-pint of gin—it came to 8d.—they paid sixteen farthings, and the rest in halfpence and pence—it was pat down on the counter, I cannot say by which of them.
THOMAS JAMES AGGLETON . I am landlord of a public-house in Dean-street, Westminster. I know Carter and Turk—I saw them at noon, on 24th April—they called for a quartern of gin and spruce—one of them paid with sixteen farthings, I do not know which it was—they were laid on the counter while I was drawing the spruce.
Tuck. Q. What do you know me by? A, By your general appearance and dress—I took particular notice of you.
THOMAS HENRY THREADGOLD (policeman, B 322). I was on reserve duty at the station on the night of 24th April. I remember a drunken person being locked up, about ten o'clock—I was sent by the inspector in order to quiet him—while there, I beard Carter speak to Daley—(I can swear to their voices, for they had been some time in the station before they were locked up)—Carter said, "It was them bloodies. that cracked about the cigars, that done it for us"—Carter asked Daley how he thought they should get on in the morning—Daley said that they should be fulled safe, meaning, that they should be committed for trial—Carter asked Daley what he thought they should be done to then, and be said, they should be lagged, meaning, that they should be transported—he asked, who bad the spectacles, and Carter said, Pudding, which I found was a nickname that Tuck went by; they then got talking about the money found on them—Carter asked Daley how he had so little money on him—he said he had been blowing it all the afternoon, meaning, he had spent it—afterwards, Carter and Tuck were talking together, and Tuck said he should not care if he did not get more than a drag for it, meaning three months; Carter said he should be very sorry to have to do a drag for what Tuck had done—I then happened to move, and made a slight noise, and Daley hallooed out, "Nish!" that means, keep quiet.
Carter. Q. I should like to know how be can swear to our voices? A. I can positively swear to your voice, and Daley's and Tuck's—I was above an hour with you, and heard yon speak—I heard Carter call Pudding, and Tuck answered to it, and called Carter, Ginger.
Carter, How he knew me is, I have worked for them, and carried their coals.
COURT. Q. Bid you see what cell Carter was put into? A. Into the middle cell, and the others were in the two cells right and left—the drunken man was in the middle cell—the voice came from the cell in which Carter was. WILLIAM MILLERMAN (policeman, B 95). I apprehended Carter and Tuck—I asked Carter whether he was not at the Golden Fleece, smoking his cheroots—he denied it—I took him to the station, and went after Tuck—I found him at the Old Star and Crown—I took him to the station—Daley was there before—I found 12s. on Carter, and 7s. 4d. on Tuck.
Carter. It is false that I denied being at the Fleece; I said, "Yes," and you thought it was "No;" you asked me for a shirt. Witness. I did not.
JOHN CUTTING (policeman, B 235). I apprehended Daley in the Nelson beer-shop, in York-street—I told him I wanted him for a burglary—I told him there were two men in custody; they were Ginger and another, and I believed he was early that morning in Tothill-street, smoking a cheroot—he
said, "No"—I found on him eight penny-pieces, two halfpence, and two farthings—I went next morning to the address Carter gave me in Hide-street, and found two more cheroots.
Daley. Q. What witness have you got to prove that I was smoking in Tothill-street? A. The landlord, and a boy also.
JAMES DURRANT re-examined. This is my watch—it was safe on 23rd April, at twelve o'clock at night, in a timepiece case, on the bar-parlour mantel-shelf—these cheroots are the same kind as those I lost.
JOB HOLLOWAY . I am barman at the King's Arms, in Strutton-ground. On a Thursday or Friday, I am not certain of the day, Daley came, about nine o'clock—he asked if I would take 6d.-worth of farthings of him—I said, no, we did not want any—I saw he had the farthings in his hand.
GEORGE SWEETMAN . I live with my father, who is a baker, in Struttonground. Either on a Thursday or Friday Tuck came to our house—he asked if I would take 6d.-worth of farthings of him—I said, "Yes," and I took them, and gave him a sixpence—I asked him if he had got 6d. worth more to spare—he said, "Yes," and he took them out of his pocket and gave them to me.
Tuck. Q. How do you know me? A. I took particular notice of you. MR. BIRNIE. Q. Did you see him taken into custody? A. Yes; I pointed him out.
Daley's Defence. On 24th April I got up in the morning at half-past four o'clock, to go into the brick-fields to get work; I met these two prisoners in Strutton-ground; we went and had something to drink; I then went to the brick-fields, and they did not begin work till Friday, and I came away.
Carter's Defence. I am guilty of pawning the watch, but not of the robbery; I met these two in Strutton-ground, and afterwards I met another man; we all went together, and they did not begin to work that day; the other man asked me to take a walk with him; I did, and he asked me to pawn the watch for him; I said, "Yes," and I put it in my own name.
Tuck's Defence. I was with the prisoners that morning, but I am innocent of the crime.
WILLIAM MILLERMAN re-examined. I produce a certificate of Daley's former conviction, at this Court—(read—Convicted July, 1848, having been before convicted; confined six months, and whipped)—I was present—he is the person.
DALEY— GUILTY . Aged 19.— Transported for Ten Years.
CARTER*— GUILTY . Aged 19. — Transported for Seven Years.
TUCK— GUILTY . Aged 20.— Confined Twelve Months.
1183. SAMUEL NAYLOR , stealing 1 smoking-pipe, and other articles, value 6l. 2s.; and 17 shillings, and 1 sixpence; the property of William Butt, in the dwelling-house of Ann Butt: having been before convicted.
WILLIAM BUTT . I am servant to Ann Butt, a widow; she keeps a coffeeshop, in Rufford's-buildings, Islington; it is her house. On 28th March the prisoner came there about half-past ten o'clock at night—he asked for a bed—I let him have one in the back-room on the first-floor—he said he was to be called the next morning at eight—that room joins to mine—I had a trunk in my room under my bed—next morning I got up at half-past four, and at a quarter before twelve, the same day, I was going to my trunk, and missed it
from under my bed—I found it under the bed where the prisoner had slept—it had been broken open, and I missed from it four shirts, five handkerchiefs, and the other articles mentioned—I had seen them safe in the trunk at half-past twelve the night before—I slept with my door fastened, and I found it fastened in the morning—the prisoner had left the house about a quarter-past eleven that day—I did not see him between the time of my getting up and his going away—I was in the kitchen, and saw him pass the window—he had no bundle, but he had a brown sack coat on—I have since seen a pipe—this is it—it was in my box—it is mine—here is a crack in it—I was in the habit of using it—I am quite sure it was in the box—the value of all the articles lost was about 7l.—the house is in the parish of St. Mary, Islington.
WILLIAM LANGLEY (police-sergeant, F 42). I took the prisoner on 13th April—I asked him if his name was Nay lor—he said, "No, it is not; it is Addersby"—I said, "I believe you are the person that I saw tried at Clerkenwell, for the same offence for which I am going to take you, for robbing a coffee-house, in Middle-row, Holborn"—he laid, "You are mistaken"—I found this pipe in his breast-pocket.
WILLIAM BUCK (policeman, F 116). I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—"Convicted Nov. 1850, and confined three months")—I was present—the prisoner is the person—there were fourteen coffee-shop keepers, who came and identified him as having taken a lodging for the night, and robbed them, but no property could be found.
GUILTY . Aged 20.— Transported for Seven Years.
1184. ELLEN KILLGRIFF , stealing 16 sovereigns, 1 half sovereign, 1 six-pence, 15l. bank-note, 1 pawnbroker's ticket, 1d., and 1 piece of paper, 1d.; the property of Joseph Fountain Bools, her master, in his dwelling-house.
JOSEPH FOUNTAIN BOOLS . I keep a lodging-house, in Shorter-street, Wellclose-square; it is in the parish of St. George-in-the-East; the prisoner was in my service from 13th March till 19th April. On 18th April she had liberty to go and see her friends—she was at my house in the morning—I was not at home when she went away—on Saturday morning, 19th April, she was brought back at two o'clock, by three policemen—she was not sober—I ordered her up-stairs to bed—I hold a situation, and I left home at five that morning—I returned home to dinner at four in the afternoon, and my wife said she was lying in bed beastly intoxicated—I ordered her out of the house, but she begged me to let her stop till she got sober—my lodger interfered for her, and I finally consented for her to stop till her week was up—I returned home again that evening at a quarter before nine; she was up and was getting her tea—I then went to my cash-box and put three sovereigns into it, which made 21l. 10s. 6d. in it—there was a 5l.-note, 16l. 10s. in gold, and a sixpence in silver, and five duplicates belonging to a lodger of mine, who is gone to sea—I had the care of them—there were references and papers in the box—the box was between the flock-bed and the palliasse, in the front parlour—I went out again about nine, and returned at a quarter before eleven—the prisoner was then gone—I did not see her any more till 24th April, at the White Horse public-house—I looked for my cash-box immediately and found it was gone and all that it contained—all that I have seen since is this duplicate that was in it—there were five duplicates, only this one is found, which is for a watch and guard—I am quite positive this was in the cash-box; I had all out, with the money on the Saturday evening, and found there was a
half-sovereign missing—I never saw the prisoner with a ling while she was in my service.
CAROLINE SMALLWOOD . I live at the police-station—I searched the prisoner—I found one duplicate in her pocket, one in her bosom, and nine in a little bag—this one was in her dress-pocket—I took these two rings from her fingers—I found on her 3s. 10d. in money.
WILLIAM HOGAN (police-sergeant, H 40). I was at the station when the prisoner was brought in—she had this stocking in her band—when she was removed, she left it on the form on one side of her—that was before she was searched—after she was locked-up I found in the stocking two sovereigns, and 4s. 10d. in silver—the next morning she came in from her cell and demanded the property taken from her the night before, and this stocking with two sovereigns in it—I said, "There was more than two sovereigns in it"—she said, yes, there was a few shillings, and it was her money.
MARY ANN PARSONS . I live in Holywell-lane, Shoreditch; the prisoner lodged with me twelve months back. On the 20th April she came to my house in a cab with a stranger—she alighted from the cab and said she had been married that morning—she said I must have something to drink and she went into the King John, which is next door to me—I went in with her, she changed a sovereign there—she said she had paid the cab man a sovereign, and she had the balance of it, 17s. 6d.—she left, me 10s., and I paid it her back the next day.
Prisoner. You know I was a very hardworking woman in your house, and I paid my rent. Witness. You were just and honest—you were too hardworking, because you let other people enjoy it.
Prisoner's Defence. I had the money from the father of my children; I have had three children by him; I don't wish to mention his name; I swept up this duplicate in the dust-pan on Saturday morning; I know nothing of the money.
GUILTY . Aged 39.— Transported for Seven Years.
ELIZABETH BOOTH . I am the wife of John Booth; the prisoner was in his service; she came on Shrove-Tuesday. On Saturday afternoon 3rd May, I missed a collar of my daughter's—I asked the prisoner if she had seen it—she denied having seen it—she had had notice to quit, and knew she was to leave that evening—the collar had been in a cupboard in the kitchen; I had seen it there on the Thursday before—I took the prisoner that Saturday evening, at six o'clock, to St. Pancras Workhouse, where I had her from—I paid the wages due to her to the matron—I told the matron, in the prisoner's presence, that I thought she had a collar belonging to my daughter—the prisoner made no reply—the matron searched her, and the collar was found in a pocket of mine which was round her waist—I had not told her she might have that pocket—I also found a pair of mittens and a hair-brush—she had a bundle with her, and in that I found a pocket-handkerchief and a silver fruit-knife—these are the articles, they are all mine—she said if I would forgive her she would never do it again.
these things were given me by Mrs. Booth. On the way to the station the prisoner said she did not believe she should have been given in charge, only she was a witness against Mr. Eaton.
Jury to ELIZABETH BOOTH. Q. Did you allow your daughter to give the prisoner these things? A. No; my daughter is at school—the prisoner was a very pert girl and told a great many stories; that was why I parted with her,
GUILTY . Aged 16.—Recommended to mercy by the Jury, Judgment Respited.
1186. JAMES JONES , stealing 1 tin tray, and 1 tumbler, value 1s. 6d., 2 sovereigns, 1 half-sovereign, 13 half-crowns, 40 shillings, 18 sixpences, and 13 groats; the property of Edward Tyler, in his dwelling-house.
MR. COCKLE conducted the Prosecution.
MART ANN PAGDIM . I am bar-maid to Mr. Edward Tyler, who keeps the Colville Tavern, in King's-road, in the parish of St. Luke, Chelsea. On 6th April, about twenty minutes before eleven o'clock, my attention was attracted by the jingling of some money; in consequence of that I went in the bar, and saw the prisoner with a little tin tray which had this money on it—he was against the street-door, and had the tray in his hand—I had seen it safe on the side, about three minutes before—there was 8l. 6s. on it in silver and gold—there were eight shillings worth of 4d.-penny pieces, and three or four sovereigns, I could not say for certain—the money was Mr. Tyler's—I am sure the prisoner is the person—he saw me—I called to him and said, "What are you doing with that strap?"—I thought he was cutting the strap of the street-door—I had an opportunity of seeing bit face, and he had been in the house before, that evening.
Cross-examined by MR. HORRY. Q. Were you near shutting-up? A. We had not begun—the prisoner was at the strap of the street-door when I, spoke—I said, "What are you doing with that strap?" and he started off directly.
SUSAN LLOYD . I am single, and reside in Chelsea. At twenty minutes before eleven o'clock that night, I was about twenty-five yards from the Colville Arms—I saw a man run past roe, and he threw down what I thought was glass—he was running in a direction from the Colville Arms—he went on about twenty yards further, and threw a tray down—in about two minutes I went to the spot where I heard the other substance thrown, and picked up 14s. off the ground—there were half-crowns, shillings, and sixpences—I did not observe the features of the person, but hit drew was exactly like the prisoner's—I only saw one person running—the officer came up with the prisoner about four or five minutes after I saw the man pass.
THOMAS DOUGLAS (policeman, B 323). I was on duty that night, about three minutes walk from the Colville Arms—I heard some silver drop, I think about a quarter before eleven o'clock—the prisoner came running in a direction from the Colville Arms, and I saw him throw this tray down—I fullstopped, lowed him a short distance, and he threw a glass down—I gave an alarm, he was and I took him—I went back and saw Lloyd, and she gave me 14s.
Cross-examined. Q. Do you mean that you saw the prisoner throw this tray away? A. Yes; I am positive of it—it is a narrow street—he threw it down close to a shop—I was at the opposite corner.
COURT. Q. Did you search him? A. I saw him searched, and money taken from him—2l. 10s. in gold, and some silver; 6l. 18s. 10d. in all has been recovered.
GUILTY . † Aged 18.— Transported for Seven Years.
( The prosecutor's name being Ellis Goode Lobh, the prisoners were acquitted. )
THIRD COURT.—Monday, May 19th, 1851.
PRESENT—Mr. Ald. HOOPER; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MR. HORRY conducted the Prosecution.
KASPAAR MENDELSON . I am in Mr. Freutel's employ. Sullivan and Welton were also in Mr. Freutel's employ—in consequence of something I heard, I made a communication to Mr. Freutel about some squirrel-skins and tails—on 30th March I called on Mr. Reynolds, and asked where the mistress was; he called "Mother," and the female prisoner came into the shop—I asked her if she had bought any skins; she said "No"—I said it is no use saying "No," because I have brought the boy with me who sold you fifty-two skins, (I had left Welton outside)—she said she should like to see the boy; I went out for Welton, and found he was gone—I went in again, and said to her, "If you will give me the skins back, I will pay you the money you have given the boy, and I will take them back to my employer, and you and the boy will both get out of trouble"—she said she would do so, and that she had bought forty-four for 12s.—I said, "I have not the money in my pocket, but will go and fetch it"—she said, "Very well, I will make them ready when you come back."
Cross-examined by MR. PAYNE. Q. Did you tell her your employer had been robbed of fifty-two skins? A. Yes; I said, "I will take them back to my employer, and mix them with the other skins, and he will not know anything about it"—my house has been searched—I did not take her any money, and did not get the skins.
FRIEDRICH FREUTEL . I am a manufacturer of fur skins, at No. 1, St. John's-place, Clerkenwell. Welton was in my employ, and left a few months ago—Sullivan has been lately in my employ—I have lost a great quantity of squirrel-skins and tails—on the day before Easter, I received 500 skins, and on 21st missed fifty-two—I received information from Mendelson, and went with the police to the prisoners' house, 133, Petticoat-lane—the house was searched by the police, and 300 tails found which were my property—I had been before that, and told the prisoners that my boys had robbed me of skins and brought them there—the prisoners said they had not received any—I told them if they did not return me my goods I should be obliged to put it into the law's hands; but they denied every thing—I said nothing about tails.
Cross-examined by MR. O'BRIEN. Q. Did you search Mendelson's house? A. Yes, on 21st; that was in consequence of suspicion I had in my own mind—I took Sullivan with me in custody to the prisoners—the prisoners have sent me some skins to make boas of, and there was a disagreement between us—none of the skins have been found.
Cross-examined by MR. PAYNE. Q. Who took the skins back that you had dressed for them? A. Either Welton or Sullivan—they complained that
skins had been sent for five boas, and only four had been returned—I told Sullivan if he did not tell me the truth I should send him to Newgate—after that he made a statement, and I sent for a constable—he made the same statement to him.
MR. HORRT. Q. Did you give Sullivan into custody? A. Yes; he was taken to the police-court, and Welton as well—they were made witnesses by the Magistrate.
BARTHOLOMEW SULLIVAN . I was in Mr. Freutel's employ till Easter Tuesday, when I was taken into custody—I recollect 500 squirrel skins and tails coming to my master's, on or about 28th March—I took seven the same day, and took them to Reynolds'—I saw Mr. Reynolds, and said, "I have got seven squirrel skins"—he said, "Let us have a look at them"—he looked at them, and gave me 1s. 6d. for them—they were my master's property—I think he knew I was in Mr. Freutel's employ—I had taken work there from my master before.
Cross-examined by MR. O'BRIEN. Q. How many had you taken from your master? A. Only those seven—I did not take an hundred that day, and give to Welton—I will not be sure it was 28th March—it was a Saturday—I have never given Welton an hundred at one time—I took fifty-two the Saturday before Easter—that was the largest number I have ever taken—I commenced helping myself in this way about four months ago, and took them once, twice, or three times a week till I was taken—I used to take them from the workshop into the cellar, put them into my pocket, and give them to Welton, who waited outside—I only disposed of these seven myself—I generally took skins; they are of more value than tails—Welton had left before 19th April, but on that day he was outside at twelve o'clock to receive them from me—Mendelson was at work with me—I took forty-four out of a basket which contained 500—as I was coming from the warehouse, which it in Aldersgate-street, to the workshop in St. John's-square, (I had told Welton to come at the dinner-hour,) I met him at the corner of Charterhouse-lane, where the forty-four skins were taken—he took them out in handfuls, and counted them in my presence—I took eight more afterwards, and gave them to Welton—that was in St. John's-square—I did not say anything to Mendelson about taking them.
COURT. Q. Do you remember when it was that you took some property from your master's to the prisoner's that had been made up, not stolen property? A. About November.
CORNELIUS WELTON . I was in Mr. Freutel's employ, and left about sevens weeks ago—I have taken a number of skins from Sullivan—on 19th April 19 met him in Aldersgate-street—I first received skins from him about six months ago I think I had some tails from him in March—about a month before 19th April I had about two dozen skins from him in St. John's-lane, which I took to the prisoners—the first time I went I asked Reynolds to buy them, and he said he would buy as many as I could get—at first he paid me half-a-crown a dozen, and afterwards 3s.—I mostly saw Mrs. Reynolds—the last time I was there was 19th April—I do not recollect taking any skins at the latter end of March, or about three weeks before Easter—I took four dozen on Easter Saturday—I saw Mrs. Reynolds, and told her I had brought four dozen skins, and she paid me 12s. for them—I had sold her skins for about six months, and she knew where I was in service—about three months before they asked me where I worked, and I told them at Mr. Freutel's.
the door—the female prisoner opened the door—I asked if Mrs. Boggis was within—she said, "I am Mrs. Boggis"—I then asked if Mr. Boggis was within—she said, "Yes, there he is;" pointing to the male prisoner who sat behind the counter—I asked the female if she had purchased any squirrel skins lately—she said, "No"—I asked the male prisoner if he had purchased any lately—he said, "No"—I then asked if they had purchased any squirrel tails, and they both said, "No"—I asked whether they had any, and they said, "No"—I was in plain clothes, hut I told them I was a constable—the prosecutor, Fisher, and Sullivan then came into the shop, and as soon as the woman saw Sullivan, she said, "It is you, is it?"—I asked her if she had purchased any squirrel skins of him—she said, "No"—I asked her if she had tails—she said, "No;" and I put the same questions to the male prisoner—we searched the house, and found 100 tails in the back kitchen, under a sideboard, with a great many other skins—I brought them into the shop, and said, "What do you say to these?"—they neither of them made any answer—they did not appear concealed—the prosecutor identified them.
WILLIAM FISHER (policeman, G 127). I went with Archer, searched part of the premises, and found these 200 tails (produced) in a cupboard under 2,000 or 3,000 skins—I asked the female how she accounted for them—she said they were the remainder of a job they had had.
Cross-examined by MR. O'BRIEN. Q. Was there a large quantity of skins of all kinds? A. Yes; I believe they are in the far line.
NOT GUILTY .
Cross-examined by MR. O'BRIEN. Q. It was skins you sold to the prisoners? A. Yes; I recollected at the station that it was a fortnight before Good Friday, but I am not sure about the date—I say 28th, because I must say some day—I took skins as well—I took some more a little while after—I took them from the workshop—Mendelson and some of the work-girls were there at the time—I met Welton in St. John's-square.
CORNELIUS WELTON . On 28th March I received 200 squirrel tails from Sullivan, and took them to the prisoners—I saw Mrs. Reynolds, and asked her if she would buy them—Mr. Reynolds was in the back place, out of hearing—she paid me 5s. for them, 2s. 6d. a hundred—I had been in the habit of going there for six months—on 30th March, I took another hundred tails, and told her I got them from where I worked.
COURT. Q. How many dealings had you with Mrs. Reynolds? A. I have been there dozens of times, and I have told her in whose service I was.
FRIEDRICH FREUIEL . I went to the prisoners' house alone first, but nothing passed about the tails—those tails are exactly like mine in colour, and of the same quality—they are worth is. a hundred—some are worth a little less—I lost some shortly before Easter.
Cross-examined by MR. PAYNE. Q. Are there hundreds of thousands of these in the trade? A. Yes, thousands alike—some of these are darker than what I have lost—I have had none like this smaller parcel.
JOHN REYNOLDS— NOT GUILTY .
ANN REYNOLDS— GUILTY . Aged 35.— Confined Nine Months.
MR. HORRY offered no evidence. NOT GUILTY .
MR. CAARTEEN conducted the Prosecution.
FRANCIS MURRAY . I am independent, and live at Thomas-street, Islington. On Sunday morning, 19th April, about one o'clock, I was in Popham-street, Islington, with Ann Thompson—the prisoner and two others came up and hustled us—I asked the reason, and the two who have not been taken struck her, and the prisoner knocked me down—I saw some flowers in his coat—I found him on me, and his hand in my left-hand trowsers pocket—we both cried "Police!"—I held the prisoner by the hand, till just as the sergeant came up, who laid hold of him about ten yards from me—I gave him in charge for an assault with attempt to commit a felony—Ann Thompson said, "That is the man; he has some flowers in his coat"—he threw them away in the constable's face—as we went to the station he struggled violently, and hit and kicked the constable Elson.
Cross-examined by MR. PARRY. Q. You gave him in charge for attempting to commit a felony, have not the Grand Jury thrown out the bill for that? A. Yes; I am married—I have no family—I had been spending the evening with Ann Thompson—I had taken nothing with her but coffee and tea—I met her about twelve o'clock.
THOMAS ELSON (policeman, N 51). I was on duty, and heard a female cry "Police!"—I ran and met her; it was Thompson—I saw Murray on the ground, about fifty yards further on, and the prisoner astride of him—Murray held him by the arm—he broke away, and I caught him about thirty yards from where Murray lay—he had a bunch of flowers in his coat—Ann Thompson said, "That is the man who attempted to rob him, be has got a hunch of flowers in front of his coat," upon which the prisoner threw them in my face—Murray gave him into my custody for assaulting him, and attempting to rob him—his lip was bleeding—the prisoner wanted me to leave go of him—I said I could not, as I knew what his character was, upon which he kicked me on the shin twice—I said, "It is no use your kicking, because it is well known what you are, and if you had been ruled by the police you would not have been in this trouble"—he then had a regular set to, struck me on the breast, and kicked me several times, and made my lip bleed with a blow—I got him to the station—as I was stooping in searching him he butted me with his head, saying, "There you b—r," and sent me backwards.
Cross-examined. Q. Did you strike him at all? A. Yes; with my fist in the struggle—I had no truncheon—we both fell.
ANN THOMPSON (examined by MR. PARRY). I was with Murray—I met him at the Angel at half-past twelve o'clock, by arrangement—I went to an eating-house with him—we had some coffee, but no other drink—I was quite sober—I do not know the prisoner.
GUILTY . Aged 31.— Confined Two Months
GUILTY , and received an excellent character. Aged 26.— Confined One Month.
GUILTY . Aged 46.— Confined Twelve Months.
OLD COURT.—Tuesday, May 20th, 1851.
PRESENT—Sir CHAPMAN MARSHALL, Knt, Aid.; and Mr. RECORDERM.
Before Mr. Recorder and the Fourth Jury.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution. SARAH ROBERTSON HUGHES. I live at Gravesend. On 2nd May I went by the quarter-to-five o'clock train, from Fenchurch-street station to Blackwall—I had with me a hat-box and this large wooden box (produced)—there was a card on the wooden box, with "Miss Hughes, No. 3, Stepney-green," on it—I had been on a visit there—the boxes were brought by a porter on to the platform—I saw the large one put in the luggage-van, and I had the small one with me in the carriage—when I got to Blackwall, I inquired for the box, and it was gone—it contained four rings, three bracelets, I brooch, a petticoat, and a variety of articles.
JOHN THOMAS SCRUTON . I am a porter, at the Fen church station. On 2nd May I took a large and a small box, belonging to Miss Hughes, from the cloak-room to the platform, and put the large one into the luggagevan—Miss Hughes's servant stood by me at the time—I turned round to take up the hat-box, and the prisoner had it in his hand—I took it from him, gave it to the servant, and she took it to a first-class carriage—the prisoner was standing close to me when I put the large box into the van.
WILLIAM ESSEN . I was the guard of the quarter-to-five train, and assisted Scruton in putting the box into the luggage-van—it had a card on it at the time—the prisoner was standing close to Scruton, and he went with the train to Shad well, where he got out, and said to me, "Guard, I want my luggage"—I said, "What luggage have you, Sir?" he said, "Boxes"—I opened the door; he pointed out the box; he laid hold of one end, and I of the other, and we put it down on the platform—the train went on, and I left him there with it—he had no other luggage.
EDWARD WOLLFE . I am porter at the Shadwell station. After the quarter-to-five train came up, I saw this box on the platform, and the prisoner with it—he asked me to carry it down-stairs for him; I did so; and as I was going down, he asked me if there were any cabs or busses outside; J said, "No," but I could get him a cab, or he could get an omnibus at the George—I carried the box for him to Sutton-street, Commercial-road, which is about fifty yards from the George, and put it down, by his orders, at a barber's shop—he gave me 6d.—there was a card nailed on the box, but I did not notice the direction on it.
Cross-examined by MR. BALLANTINE. Q. Did he tell you to take the box to Massey's? A. No, I am sure he did not use the term "Massey's" at all—I understood all he said—the omnibuses from the George go to Blackwall and the City.
standing in Whitechapel, and the prisoner got off an omnibus which had come from Blackwall, and was going towards the City—he got into my cab with a large box—Whitechapel is about a mile and a half on the London side of Shadwell, and Stepney is on the other side—he took the box inside the cab with him, and ordered me to drive him to Mile-end-gate, which is back again in the direction of Stepney—when I came this side of the Mileend-gate, I asked him whether I was to go through the gate; he asked me whether he would have to pay the toll again; I said, "No," and he said, "Then go through the gate;" and I drove him through to the Coach and Horses, in the Mile-end-road, where he stopped, and had something to drink—he then ordered me to Salmon's-lane, Stepney, where I took him, and left him at a public-house at the corner of York-street, which is a very short distance from the Stepney station—if I had gone direct from where I took him up to where I sat him down, it would have been altogether about a mile and a half instead of two miles and a quarter—he paid me half-a-crown.
Cross-examined. Q. Did you put the box inside the cab? A. No, the waterman—the prisoner took it out when I left him—I had lost the use of my left-arm, and could not.
MR. HUDDLESTON. Q. Was it taken out at the Coach and Horses? A. Yes, taken into the house, and put back again—he remained there seven or eight minutes.
SUSAN MAYNARD . I am the wife of Amos Maynard, a railway-policeman; we live at 3, Brunton-place, Commercial-road. From our house we can see the back of 1, Factory-row, where the prisoner lives—I have seen him there several times—on 2nd May, between six and seven o'clock in the evening, I saw him come to the wall at the back of the house, with a man who was carrying a box like this one—the man placed the box on the wall; the prisoner jumped over, and took it of him—the man waited while he took it away; the prisoner came back, gave him something, and the man then went away.
Cross-examined. Q. You saw this distinctly? A. Yes; I do not know that he knew where we lived—there are other houses from which he might have been seen—there are five in the same row as ours—the back of his comes direct to our street-door—there is a fence built up at the side of his house—there is a row of houses level with the front of his house and the factory, where the men are at work—it would have been as near for him to have gone the front way as the back; there is not two minutes' walk difference; I do not suppose there is any difference—I had never seen him go in that way before.
ANN HUTTON . I live at 1, Factory-row—it is let out in lodgings—the prisoner and his wife occupied a small back-room there, furnished—on 2nd May he came borne about half-past six o'clock, by the back-door, with a box—there is no way in at the back, but there is a side-door level with the front—the prisoner's wife was in my room at the time, and he called her to help him up with the box—his wife said, "Whose box is it?" and he told her it was his sister's box, and that she would be there directly—he took the box into their own room—the door was left open, and my door was open also, and I heard his wife say, "Are you sure of that, Charles?" and he told her to mind her own business, and not to trouble about his affairs—after that they went out together—when the prisoner had come in he had a hat on, and when he went out be had on a cap with gold lace—I heard them come home at near ten, but did not see him—I think he was then in liquor, by his way of talking and coming up-stairs.
Cross-examined. Q. Used he generally to wear a cap with gold lace of an evening? A. He sometimes wore a cap, but generally a hat—he came home about half-past six o'clock, and it was some time after seven when he went out—the box remained in the room while he was there, and his wife was there also—they have lived there I think five weeks yesterday—I do not know that he is addicted to opium-eating—I had not been in his room above three or four times—I have spoken to him several times in the house, but have not had any particular communication with him as to his habits—he stumbled in going up-stairs that night, and did not talk as if he was sober—he spoke to his wife, but I did not hear what he said—I have known him to be intoxicated once or twice before—he was very drunk, and noisily so, I should say, but he did not show it so much as on this night.
MR. HUDDLESTON. Q. How long had he been there before the box was brought? A. Three weeks on the Monday, as the box was brought on the Friday evening.
AMOS MAYNARD . I am a policeman, of the London and Blackwall Railway. In consequence of information from Miss Hughes, I went up by the next train, to look after the prisoner—on the Saturday morning I went with sergeant Smith to 1, Factory-row, went into the prisoner's room, found him and his wife there, and this box at the foot of the bed—there was no direction card on it—I asked the prisoner how the direction came off the box; he said he supposed it got rubbed off—his house is about 400 yards from the Stepney station, and better than half a mile from the Shadwell station—it is on the Blackwall side of the Stepney station.
Cross-examined. Q. Are you the husband of Susan Maynard? A. Yes—I agree with her in saying that in coming to this place it is as near to come by the back as the front—if he came under the railway-arch, I think it would be the same—sergeant Smith went to the front-door, and I to the back; and Essen was with us at the front, to identify the box and the prisoner—Smith went in first—he is not here—he is not bound over—the prisoner told me he had been expecting a box from his sister; and seeing that there was a direction on it in the name of Hughes, and being directed to Stepney-green, he supposed it came from his sister, who he was expecting from the country, and he took the box, but he intended taking it back the next morning—the box had not been broken open—whether it had been unlocked, I cannot say—it was locked when I found it—the prisoner had two keys, which did not fit it, and they were returned to him—Smith tried the keys, and the prisoner said they would not fit—I did not try them myself—they were latch-keys, apparently—I believe his wife had on her bonnet and shawl when we went—the prisoner had just got out of bed, and was not dressed—it was just before seven o'clock in the morning—he said his wife was going out to get him something to drink, as he had had too much over night—she did not say she was going to the Blackwall Railway, nor that she had been there; he did not say she was going—he said he intended to return the box that morning.
MISS. HUGHES re-examined. I was able to unlock my box immediately.
GUILTY . Aged 26.— Confined Six Months.
(MR. DURRANT, solicitor, of Chelmsford, stated that he had formerly known the prisoner in the Essex constabulary, and that his character for honesty was considered good; that he was respectably connected, and entitled to some property.)
NEW COURT.—Thursday, May 20th, 1851.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY of a Common Assault, Aged 45.— Confined Twelve Months.
NOT GUILTY .
FRANCIS STOCK . I am barman at the Black Bull, in Holborn, which is kept by Mr. John Edwards. On 18th April the prisoner came and asked if I had any parcels for Mr. Tucker—(I had seen the prisoner before; we book parcels for Mr. Tucker)—I told him we had not—he went away, and came again, later in the day—he again asked if we had a parcel—we had one then, and the prisoner said he was in Mr. Tucker's employ, and he would take it—I gave him the parcel—it contained tea, and sugar, and grocery—I do not know what weight it was; I merely lifted it from the floor to the counter—he came on 19th April again, and asked if I had a parcel for Mr. Tucker—I had a portmanteau, and I believe it contained a new coat—I gave it him, because I believed he was Mr. Tucker's servant—I had seen him come with Mr. Tucker's man before.
JOHN TUCKER . I am a carrier, in Giltspur-street. I book at the Bull, in Holborn—they receive parcels for me—I do not know the prisoner—I never sent him to get parcels—I never saw him till he was at the bar—I never saw the parcels.
DAVID DACE . I am errand-boy to Mr. Edwards; he is a grocer, and lives at 39, Holborn; he also keeps the Black Bull. I took a portmanteau from my master's to a tailor's, next door—I then took it to my master—he strapped it down, and locked it, and sent me with it to the Black Bull.
ALFRED PRICE . I am foreman to Mr. Barton, a tailor, in Holborn, opposite the Black Bull, next door to Mr. Edwards's grocer's shop. I put a coat into the portmanteau, which I gave to Dace—it was to go to Southampton by a carrier.
Prisoner. What the man states is false.
GUILTY . * Aged 17.— Confined Six Months.
MR. PLATT conducted the Prosecution.
BENJAMIN LATCHIORD . I am a bit and spur-maker, in St. Martin's-lane. The prisoner was in my employ for nine weeks, till 23rd April—she left me on that day, and on the following day I missed a diamond ring from my bedroom—this is it—it had been kept in a jewel-case, in a drawer in a chest of drawers, in my sleeping-room—I thought it was worth 5l., but I think I have overrated it—I had seen it about a fortnight or three weeks before.
Cross-examined by MR. O'BRIEN. Q. Who was living in the house besides the prisoner? A. My wife and me; my uncle lives in the floor below me—he has one servant—that servant had no right to go into my room.
ANN CLARK . I am the wife of Edward Clark; we live in Hopkins-street. I have known the prisoner two months—on Easter-Monday she called on me—she had a ring—I believe this is it—she told me she had found it—she said she had something about her that would produce money—I asked what it was, and she produced this ring—I said, "Don't do anything with it; if you want money I will lend you a shilling"—I did, and she left the ring with me.
Cross-examined. Q. You got the ring, and gave it to your husband, and he pawned it? A. He sent his sister; I went with her, to get 10s. more in addition to the 1l. which had been got on it—I gave the 10s. to my husband.
EDWARD CLARK . I am husband of Ann Clark. On the evening of Easter-Monday she delivered me a ring—I cannot swear to this, but it was like this—on the next day I gave it to Emma Barber, my sister, and told her to go and pawn it—she brought me back some money and the ticket.
Cross-examined. Q. You got 1l. on it, did not you? A. Yes; I put the 1l. into my pocket—I did not tell my wife to go and get 10s. more on it—she went without my knowledge—I did not pawn it myself, because I was in company with some persons, and I did not wish to leave them—I cannot say what time it was pawned—I gave it to my sister some time in the afternoon—I know where Mr. Latchford lives—I never went there to inquire for any one—I was there on the Tuesday after Easter-Monday—the prisoner was there then—I dare say I remained there ten minutes—it might be about half-past ten o'clock in the morning when I was there—the ring was pawned that day—I gave it my sister in the afternoon—I was in Mr. Latchford's drawingroom with the mistress—I never was charged with anything—I was never in a court of justice—I was never charged with robbing a woman of a shaw—I was never in prison—I was charged with ill-using a child, about nine years ago, and I was fined 5l.—I kept the 1l. I got on the ring.
MR. PLATT. Q. When you were at Mr. Latchford's on the Tuesday after Easter-Monday, did you go up into the bedroom? A. No.
Cross-examined. Q. What time did you pawn it? A. Between three and four o'clock—he gave it me in Princes-row.
WILLIAM CAKEBREAD . I am assistant to Mr. Matthews, a pawnbroker, in Princes-row—this ring was pawned by Barber on 22nd April for 1l.—Edward Clark came afterwards and wanted more money on it—we would not let him have it—on the following day, 10s. more was lent on it to Barber and Ann Clark.
Cross-examined. Q. When did Edward Clark come again? A. In about a quarter of an hour after it had been pawned—he said he wanted 2l. on it—we would not give it him, as it was the holiday-week.
NOT GUILTY .
THIRD COURT.—Tuesday, May 20th, 1851.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. LAURENCE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Eighth Jury.
1199. WILLIAM DAY , unlawfully procuring Ann Harriet Newman, aged 19 years, to have illicit connection with him.—2nd COUNT: attempting to procure, &c.—3rd COUNT: attempting to procure her to have connection with a man unknown.—4th COUNT: conspiring with other persons with a like intent.—5th COUNT; assaulting the said Ann Harriet Newman with intent to ravish her.— 6thCOUNT: common assault.
MR. HORRY conducted the Prosecution.
ANN HARRIET NEWMAN . I live at 8, Manning-street, Limehouse. I am in the employ of Messrs. Bousfield, of Haydon-square—I know a person named Richard Roberts—I received this letter from him on 31st March (read—"Harriet Newman, 8, Manning-street, Limehouse-fields. 31st March—Dear Harriet,—I wish you to meet me this evening, at five o'clock, as I have something to say to you particular; I shall wish you to meet me alone, as I shall be alone myself, and will, if agreeable, see you home, and hope we shall he happier than we have been. Yours unhappy, R. Roberts." In consequence of that letter I went by the Ben Jonson at Stepney, at five o'clock, but did not see Roberts—I saw the prisoner while I was waiting—he asked roe if my name was not Harriet Newman—I said, "Yes"—he asked if I was not waiting for Richard Roberts—I said, "Yes"—he said if I would come with him, he would take me to Richard Roberts—I asked him the reason that Roberts did not come himself—he said he was ashamed to come himself; and I said be might well be ashamed; I followed the prisoner down by the Ben Jonson—he then stopped and beckoned a cabman from the stand, took hold of my arm, and told me to go with him—the cabman came up, and took hold of my arm—I screamed, and told him I would not go with him—three men and a woman came up, and asked what they were going to do with me—the prisoner said it was nothing to do with them, I was his wife—they got me into the cab; Day got in with me—the cabman got on his seat, and drove on very fast—after a little while, Day held my hands while he put a handkerchief over my mouth—I recollect nothing more till I found myself on a sofa in a large house, which I have not been able to find—I saw a young woman sitting opposite me, who asked me if I was any better—I said I did not know I was ill—she made a communication to me, and gave me a knife—an elderly woman came in, and told me I must stop there all night, and gave me a glass of something, and told me I must drink that, and then I should be better—I drank some of it, and directly made an attempt to come out; but the old woman stopped me—I held the knife up to defend myself—the old woman made a noise, and three gentlemen came running down-stairs—I was then in the hall, with the knife in my hand—two of them came up, spoke to me, and forced me back again into the room—in the struggle, I cut one of them over the hand with the knife; it fell from my hand, and the old woman put me on the sofa again, and said I should not leave the house—they tried many times to get me up-stairs, but I continued to resist—one of the gentlemen put a watch and chain round my neck; I threw it on the ground—one of the gentlemen called Day into the room, and told him to go and bring a cab—my senses then seemed very much stupefied,
but I could distinguish Day's features—he came in again and said, if I was quiet he would take roe to my father—I then left the house, and went into the cab with Day; I asked him the reason he took me there—he said it was only for a spree with his chaps—he said nothing more till he got me into a very dark street, where the cab stopped—Day got out, and said he would walk the rest of the way home with me—the cab drove off—he walked a small distance, put a direction in my hand, and told me I must find my way home the best way I could, and left me—I found the use of my limbs was leaving me, and set myself on the step of a door—I have no notion what time it was, and know nothing more till I found myself in the hospital—when I was in the house, the young woman told me if I was a respectable woman she would advise me to go out of the house—the old woman told me I must make myself happy there for the night, for I should be made a lady of—some of the men asked me to do what I felt improper to be done—I saw Day again on the Saturday night following—there were a number of persons there, and I pointed him out, and described his clothes—corduroy trowsers, a black coat, a black neckerchief, and a cap, I don't remember of what kind—he was not dressed so before the Magistrate, nor at the beer-shop.
Cross-examined by MR. PAYNE. Q. How old are you? A. I was nineteen on 30th March; here is my register (producing it)—I had never seen Day before, to my knowledge—what the old woman gave me to drink was like gin and peppermint—the three gentlemen held my hands, and I threw tumblers at them—the letter was not in Roberts' writing—I do not know whose writing it is—I have known Mrs. Woodfield a long time; the letter was not written by her, at my request; I had never seen it till it came by the post—I never went to Day's friends to ask for money—I never went with Mrs. Woodfield to Day's friends to ask for money—I showed her the house, and told her where Day lived—I don't know what she went for—I have lived at my aunt's at Brentford; I left her through a fall out; it was because I fetched beef-steaks instead of mutton-chops; she did not accuse me of stealing—I go to see her now; I went about three months ago—it is twelve months since I lived with her—I never stayed out three nights from home, I stayed out one night, at my grandmother's—I did not attempt to drown myself, nothing of the sort—the reason I fell out with my aunt was, because she hit me, and I left her; I lived with her five years—I did not go to mercers' shops and get things in her name; nor was that the reason she turned me away—I had seen Roberts a fortnight before I was put into the cab—my father is a ropemaker—when I went to my aunt's, three months ago, it was to see her; I stayed all day; she was at home—I did not say to Mrs. Woodfield, "Do not split, for God's sake! for I shall be a ruined young woman"—she never wrote any letters for me at my request—I never spoke to her till she came to my lather's house; all that I knew about her was telling fortunes—I did not call on her, and ask her to write a letter addressed to me, and one to my father; she did not ask me why I wanted them written, nor did I answer, "it is only a lark, Mrs. Wood field, with Richard Roberts, and a lot of us"—I did not say "You must write it in a man's hand, for my young man's hand will be known, and spoil our lark"—she did not write the letters, nor did I take them for the purpose of putting them into the post—a person did not open the door to me, and I did not say, "I want to see Mrs. Woodfield, I want a letter written"—after the first examination of the prisoner, she came to my father's house, and said she bad heard the case in the paper, and that my father would want a little of her assistance—my mother told her she knew nothing about it—she said she could give him a lift, one which would take him across the herring-pond—my mother said she
knew nothing about it; it was in the solicitor's hands—and she told me she did not mind taking a false oath for any one for a shilling—she did not write one letter for me in blue ink—I did not say to her, "Don't split, for God's sake! for I shall be a ruined young woman"—and she did not say, "You don't mind ruining the young man;" there was no such conversation between us—she wanted me to go to her house, and have my planets told, and then I could find out the writing.
MR. HORRY. Q. Do you know Mrs. Woodfield? A. Yes; she is a fortune-teller—I went with her to Day's house by her persuasion—she asked me to go and take a walk with her—I said "No;" she said she wanted me to see Mrs. Ellen, and I went, and then she asked me to show her the house—she told me going along that she would help me over it, and she would give him a lift—I am on good terms with my aunt now and have been so for some time past.
COURT. Q. Who did you go with to the house when you saw Day on the Saturday? A. With my sister; nobody else—nobody pointed him out to me—he was sitting at the table with a pint pot, and I said it was him—somebody said, "Done!" and Day turned his head—I knew where he lived by going with the officer to the house where he was taken.
FRANCIS HELYER (policeman, G 47). On 1st April, about half-past one in the morning, I was on my beat in Sutton-street, Clerkenwell, and saw the prosecutrix on the step of a door—she appeared in a very exhausted state—I took her by the arm, and tried to lift her up, but she had no power in her limbs whatever—she could scarcely speak—I found this paper in her right hand—(read—"Richard Roberts, 96, Curtain-road, Shoreditch; Harriet Newman, 8, Manning-street, Limehouse-fields")—I sent for assistance, took her to the station, and from thence to the Royal Free Hospital, Gray's-inn-road, and left her there—her hands were smeared over with blood, but there was no mark of any cut whatever—I did not notice what kind of a gown she had on, or whether it was torn.
ANN NEWMAN . I am the wife of William Newman, a rope-maker, of 8, Manning-street, Limehouse. The prosecutrix is my daughter, and was nineteen years old last March—I produce the dress which she wore on 31st March—there was nothing the matter with it then, but now it is torn away at the gathers.
Cross-examined. Q. When was she born? A. In 1832.
ELIZA RANDALL . I am nurse at the Free Hospital, Gray's-inn-lane. On the morning of 1st April, at half-past two o'clock, the prosecutrix was brought there—she was free from any mark of violence, but her limbs were full of lassitude, as a person would be in a state of insensibility—she was quite in a stupor, but yet not insensible—this is the gown she had on—it was torn as it is now—she was gradually recovering till ten, next morning—she was in my care five days—she afterwards made a statement to me; and, in consequence of my suggestion, she was examined by Mr. Robertson.
Cross-examined. Q. There was no appearance of her having been treated with any violence? A. I saw none whatever—I noticed no particular smell about her—I did not smell any gin and peppermint—her hands were covered with blood and dirt—she did not speak till about an hour and a half after she came.
WILLIAM TINDAL ROBERTSON . I am house-surgeon at the Free Hospital. I examined the prosecutrix on the 1st April, at ten o'clock—I found her very weak, as if she had been taking drink of some kind the night before—she could not move her limbs well—that state might arise from ordinary spirits,
or from any drug: she was under my care from Tuesday till Saturday before she was quite recovered—I gave her an emetic at first, which weakened her very much—she was in a debilitated state, but was not really ill—my medicine was not such as would be the effect of keeping her in the hospital till Saturday—such a state might be produced by extraordinary intoxication; I examined her person the same morning—there were no signs of recent intercourse, and not the slightest mark of violence on her private parts or on her body.
Cross-examined. Q. Was there any indication of chloroform or drugs? A. Not the least, that I could see.
MR. HORRY. Q. Do the effects of chloroform pass off with moderate rapidity? A. The effects vary with different persons; if a small dose were administered to such a person as the prosecutrix, she might remain insensible five minutes, but the dose would have to be repeated several times to keep her insensible for twenty minutes.
COURT. Q. In what state is a person after they recover from it? A. They feel very weak, and almost invariably vomit, and their energies, mental and bodily, are prostrated for a long time; there was the weakness in this case, but no vomiting when I saw her—she was not in such a state as I should have expected to find her, if she had been drugged with chloroform ten hours before; it was more like a state of drunkenness from spirituous liquors—there was a smell of intoxication in her mouth when I first examined her—a small portion of gin and peppermint would not produce such effects, but a large portion might—it is not probable that insensibility would be continued more than twenty minutes from the administration of chloroform, unless the dose was continually repeated—I have seen an immense number of cases, but never saw it last for an hour—putting a handkerchief, steeped with chloroform, on the face, would not produce an immediate effect—the time would vary—the least time might be a minute, but in the majority of cases it has taken a much longer time—it would depend much on the strength of the chloroform, and on the strength of the person—great care is used in the hospital not to have it too strong.
RICHARD ROBERTS . I am an optician, of 96, Curtain-road, Shoreditch. I have known Harriet Newman some time—I did not write this letter—I know nothing about it—I have known the prisoner some time—I saw him at the Standard Theatre on 1st April—(I was with John Bowie)—he told me he had had a fine lark last night with a girl, and had driven her all round Poplar, Stepney, Charlton, and Woolwich in a cab—I asked him where he had left her—he said he did not know, at first; but when the piece was over, we went down to have a drop of porter, and I said, "Did you leave the young woman anywhere near Sutton-street, Clerkenwell?"—he said, "Well, I think it was somewhere near there"—I was present, and gave evidence at the first examination before the Magistrate; and in consequence of a communication made to me by Day's grandmother, I went to the House of Detention, and saw Day there—he said, "This is a bad job; do you know anything about it?"—I said, "No, Bill; I understood it was you that knew about it"—he said, "You are the only one that can save me from going to the Old Bailey "—I said, "Well, Bill, I won't say anything about that; it was a bad job"—he asked me if I should see the girl, Newman—I told him I did not know—he said, "If you possibly can see her, do; and ask her to cry and make a flaw in the indictment"—and he told me I could do the same, I could make a flaw in the indictment—I said I could not do any such thing—he said nothing, but bid me good-bye—I did not tell him why I called on him.
Cross-examined. Q. You had known him some time? A. Yes; I never told him I was paying my addresses to Harriet Newman—the policeman bad been to me that morning—he took me to the station; when I saw him at the House of Detention, he said, "This is a sad case: so help me, God! it was not me, I am innocent"—or something of that sort—I carry on business at 14, Caroline-place, Pentonville—I am apprenticed for six and a half years—there is a deed in my writing—I helped Mr. Allen in getting this case up, and I have helped Mr. Smith, G 44, who is now gone to Bath, at the time the Chartists were about—he asked me to go into the Albert Saloon, and hear what an old woman was saying, and I went—I was not a spy—I heard a lot of persons going on about the Queen, and he said, "Dick, just listen what they are saying"—he was behind me, in plain clothes—I have only done so once—I did not go to public-houses, sit and drink with people, and then come out, after pumping them, and tell the police what they said—I had seen Harriet Newman about three days before 1st April—I know a man named M'Donald by sight—I have never been in his company—I never wrote a letter to anybody, pretending to come from another person, named. Davis, in the Curtain-road, nor did any young man with me—Mr. Gray, the barber, in the Curtain-road, wrote a letter to Mrs. Davis about her daughter—I came in at the time it was finished, and he said he was going to send it to Sarah Graveley—I did not believe it—it is four years ago.
COURT. Q. How long have yon known Harriet Newman? A. Three or four months—I have only written to her once in that time—that was a week or a fortnight before 1st April—I can hardly say which, but Mr. Lewis has got the letter—this is it (produced)—we had not a quarrel before 1st April.
MR. HORRT. Q. Is that the only letter you wrote? A. Yes; it was on a Saturday—I posted it on a Saturday, at two o'clock—I cannot remember what day I had seen her before 1st April—I had seen her the previous week—her sister and her came together to my place—I cannot remember what day it was—I think it was some time in the previous week—we parted good friends.
JOHN BOWIE . I am an optician, and live in Clerkenwell. On 1st April, I was in the Standard Theatre with Day and Roberts—Day said, "There you are, Dick—I had a b—y spree last night along with a girl; we drove all round Limehouse, Stepney, and Poplar," and two or three other places I can't think of—he said, "Did you? I should like to have such a spree myself"—we went down-stairs into the King John, and a young man, Charles Keene, said, "You are in a b—y fine row" to Roberts—he said, "I don't know what you mean"—Keene said, "You will soon see," and left the parlour—Day said, "You must not take notice of him, he is only joking with you"—we then went up-stairs again, and sat in a different place—I was examined before the Magistrate—I was not bound over to appear here, I was told to come—I had no summons.
CHARLES KEENE . On 1st April, I was waiter at the King John's Head, Holywell-lane, Shoreditch. I know the prisoner—he came there on Tuesday morning between twelve and one o'clock, about dinner-time—I cannot say how long he stayed there—I do not recollect seeing him on Tuesday evening—he was there on Monday afternoon or Tuesday night, between seven and eight—we had been up to the play—Day, Roberts, and Bowie were there—I made the observation to Roberts, and chaffed him about his being out with two females in a cab, and told him he would get into trouble about it—Day said, "Never mind him, he is only joking"—Roberts said he was in bed on Monday, 31st March, at eight o'clock, and bet me half-a-sovereign of it.
Cross-examined. Q. What do you mean by saying, you do not recollect seeing him on Tuesday night, then that he was there on Monday night, and then saying he was there on Tuesday night? A. I forgot myself—I have been taken up to Bagnigge Wells—a gentleman came up in a cab, and said he gave me in charge for loitering about his premises—I was locked up two hours, and then the inspector let me out.
MARY ANN ROBERTS . I am the mother of Richard Roberts, of 96, Curtain-road. I know the prisoner—on Tuesday morning, 1st April, he came to me before ten o'clock to pay me for some washing—he asked me if Dick was at home—I said, no, he had been taken out that morning by a policeman before seven, for a young girl had been put in a cab, had the chloroform given to her, and was in some hospital, and I was almost out of my mind, and did not know where to go—he said, then he was in a pretty mess, like him, for he had had a girl in a cab, and did not know whether he should get into a row, or whether he should be punished: but he did not care—I told him that was not the case, for my son was at home—he said he was very tired, and he had not slept in his mother's house for four years till that morning, when he knocked them up, and sat in a chair till breakfast-time—he went away.
GEORGE ALLEN (policeman, G 28). I took the prisoner at the King John public-house, Holywell-lane, Shoreditch—Harriet Newman was with me—I told her to go into the public-house and see if there was any person there that she knew—I went in after her—she came to me and said, "Yes;" and I went in by myself, and asked the landlord to call Day out; he came out, and I said, "You are wanted for a job with some girls, you had better come up and see if you are the man"—he said, "Oh! very well"—I took him to the top of Holywell-lane, where Newman and her sister were standing, and laid, "Is this the man you mean? look at him and be sure"—she said, "That is the man"—I told him he was charged with feloniously assaulting a girl—he said, "I know nothing about it; those that are right will not have to suffer for it, but those that are wrong will"—he said to Harriet Newman, "Oh! is it you?"—I took him in charge—Newman described the clothes he wore on 1st April—I searched a lodging which Roberts directed me to as the prisoner's; a person named Callen keeps the house—I found in a box a pair of corduroy trowsers and a black frock coat, which was the dress Newman described—I have not got them here—I knew Day used that public-house, and had information that he was there before I went in—Newman's sister went with her.
Cross-examined. Q. This case was at first prosecuted by the Society? A. Yes; they do not conduct it now—the prisoner called witnesses before the Magistrate—he was admitted to bail, and has surrendered to-day.
MR. HORRY. Q. How many times was the prisoner examined? A. Three—he called some of the witnesses the second time.
DORCAS DICKENS . I am a servant, and know Day—I saw him between two and three o'clock in the afternoon, on 31st March—he had on a hat and a black frock coat; the trowsers I could not swear to—I only saw him once.
Witnesses for the Defence.
MARY ANN CALLEN . I live at 10, Gloucester-street, Curtain-road, that is a long way from Limehouse—I have known the prisoner about six years—he has been a well-conducted person—on Monday, 31st March, about half-past two o'clock he took a lodging at my house, and brought a box—I saw him again about half-past four.
Cross-examined by MR. HORRY. Q. Did you know him when he was in the service of Mr. Deacon? A. Yes; I have given him a general good character.
Q. Do not you know that he left Mr. Deacon's on a charge of robbery? (MR. PAYNE objected to this question, the prisoner's honesty not being in dispute. THE COURT considered it could be put, as it affected the credit of the witness.) Witness. I was told so about a week or a fortnight since—I never heard that the charge was robbing the till of 7l. or 8l.—mine is a private house—the prisoner took the lodging, and left his box there with his clothes in it—he did not lodge there on Monday evening—when he was taken up to the Thames Police, I went to his grandmother, and told her he lodged at our place, and brought his box there on 31st March—he was taken up at the King John on the Saturday night—I went up to Mrs. Allen of my own accord, and put my name down on a piece of paper—I believe Mr. Allen asked me to come as a witness—I went before the Magistrate on a Saturday, the last hearing, I think it was 21st April—I did not know the prisoner was in custody till the Monday morning, when I went to the Thames Police—I was spoken to, and went before the Magistrate on the Saturday—that was the first time I was applied to—I know he took the lodging on 31st March, because my father had a paper of his Teetotal Society delivered on Monday, 31st March—I opened it, and recollect that he came on the same day we had the paper; I read it, and it said, "31st March"—it was not delivered a week after the 31st March on the following Saturday, it was on a Monday—I cannot swear the Temperance paper was left on Monday, 31st March, and not on Monday, 7th April.
MR. PAYNE. Q. He did not come home on the Monday night, did he come home on the Tuesday? A. Yes; and continued there till he was taken on the Saturday—I never heard that he was indicted, prosecuted, or tried before a Justice—somebody told me a week or ten days ago, that Mr. Deacon had accused him of stealing some money.
COURT. Q. Who told you? A. A person next-door—during the whole of the six years, up to the last ten days, I never heard anything against his character—he returned on the Tuesday, at half-past six in the morning.
SARAH GRAY . I live at 98 1/2, Curtain-road, my husband is a hair-dresser. I know Day; on 31st March he came to our house at five o'clock—he was not there many minutes—the Curtain-road is not near Limehouse, it is quite a different road; Shoreditch way—it would take half-an-hour to walk, it is a mile and a half off—I do not know the Ben Johnson, or the Bell Tavern—I know Stepney, it would take me three-quarters of an hour to go there from my house.
Cross-examined. When did yon go before the Magistrate? A. Four weeks ago last Saturday—I was spoken to on the same day—Day's grandmother came to me; she had been to see her grandson, and asked me what time he was at our place—I told her five o'clock—I am sure it was five, on 31st March, for our clock faces me—the prisoner was held to bail, and committed; that was the first time I had been spoken to about it—I know it was 31st March by our playbills, we have them every day; they are dated the day they come—he often used to pop in, he lived next door but one—I often saw him—I saw him every day the week before he was taken—not at five o'clock—he used not to come at any particular time; but on 31st March he came to tell us he had left his situation, and said he was going out, and I know the next day was the 1st April—the bills were of the City Theatre and the Wells.
MR. PAYNE. Q. How soon did you hear of anything having happened to Harriet Newman? A. Not till the Saturday afterwards—it was the Monday after the Saturday that he came to tell me he was leaving his situation—I do not recollect the time he came on any other day in the week.
THOMAS AVERY . I live at 64, Holywell-lane, close to the Curtain-road, and am a general dealer. I know Day by his dealing at my shop—on Monday, 31st March, he was there about a quarter to five o'clock, outside my shop-door—it is about two minutes walk from Mr. Gray's, the hair dresser's—I know it was Monday, the 31st, because about nine or ten days after Mr. Gray called on me and asked me if I recollected it; in consequence of that I refreshed my memory, and recollected it.
Cross-examined. Q. Do you mean nine or ten days after you heard Day was in custody? A. About nine or ten days after the Monday when he was at my place—I was not before the Magistrate—I am a fresh witness—I know none of the other witnesses except Mr. Gray—I know none of the prisoner's friends—Mr. Gray came to me, and asked me whether I recollected the prisoner coming to my shop, and if I could recollect the time—I said it was five o'clock, or a quarter to five, as near as I recollected—I swear it was before five—I know it was 31st March, because nine days afterwards, when I was spoken to, I recollected that it was on Monday; I swear it—to the best of my recollection, I had never seen Day before—I had not been anywhere to see him—I swear I did not see him on 27th, 28th, 29th, or 30th March—I had never seen him before or since—he was waiting for Mr. Gray, and came to my shop to sell some old shoes—Mr. Gray came in and stood at the door, and said, "I have got a friend waiting outside for me"—I looked at the person who was waiting at the door, and saw who it was.
ANNE ROBERTS . I live at King-street, Mitre-street, Aldgate. I have known Day three years. On 31st March, as near half-past five o'clock as possible, or from that to six, half-past six I mean, he asked me if I would go and have some half-and-half, and I did, at the Angel, in Fenchurch-street—we were there ten minutes, and then I went to the Fenchurch-street Railway station with him, and left him at, it might be, five minutes past seven—he had on green trowsers, not corduroy—I am not certain whether his handkerchief was black or a very dark green, but it had a red border round it.
Cross-examined. Q. Did you know him at Deacon's? A. Yes; I went to see him there—Day sent to me on the Monday night after be was taken on the Saturday night—I was before the Magistrate when he was committed—he was discharged on bail—I was not once confident that his handkerchief was black—I know it was 31st March, because as soon as I heard he was taken I looked at the Almanack, and said, "Why, Bill was here"—I am certain it was half-past six, within a minute or two, because I looked at my clock, and I knew my husband would be home in half an hour, seven o'clock—when I said it was half-past five I was rather confused—I am not a relation of his—my husband works in the isinglass manufacture.
JANE BROOKS . I live at 94, Fenchurch-street, the Angel public-house. I know the prisoner—on 31st March he had a pint of half-and-half with Mrs. Roberts—it was about a quarter to seven, I can say to a minute or so—I believe he had on a scarf and a black frock-coat—I did not observe his trowsers—I was inside the bar, and he was outside—they stayed five or ten minutes at the most.
Cross-examined. Q. How do you know it was 31st March? A. By making out bills for the man that owns the house; I was first spoken to about being a witness on the Thursday before I went before the Magistrate on the Saturday—I do not know the gentleman's name who spoke to me—I had supplied beer to a great many persons that night—I have known Day nine months—I had only seen him once or twice that week—he comes when he comes out for a holiday.
MR. PAYNE. Q. Are you the niece of the person that keeps the house? A. Yes; I know Mrs. Roberts; she has cleaned the house for my aunt—I have no doubt about their being there.
COURT. Q. Do you make out bills every day? A. Yes, but we are obliged to put down the day of the month—I know it was the 31st, because there was a young man at the bar having some rum, who said it would be his birthday on the 1st of April—he was a stranger, and had a cart outside—Mrs. Roberts and Day went out, leaving him standing there.
Cross-examined. Q. How do you recollect it was 31st March? A. I had an Almanack, and I looked at it; I was spoken to become a witness the last day of Day's bail; it was two or three days before I went before the Magistrate—I had not had my attention called to it till that time—it was Mrs. Roberts who came to me.
WILLIAM HENRY GRAY . I am a hairdresser, and live at 98 1/2, Curtain-road. I was told by Richard Roberts, on the Sunday,, of the prisoner's being taken—on the Monday before that he was in my shop, a little before five o'clock—that was the last time—he was in several times during the afternoon.
Cross-examined. Q. What time do you usually have your tea? A. Between four and five o'clock; the prisoner was in after I had tea—I learned that he was in custody a week afterwards—Roberts told me on the Monday that he was taken on the Saturday—I knew that he was going to be tried at the Thames, but I did not go—I never told anybody he had been with me at five o'clock—I have seen Allen, the officer; he came with Richard Roberts, and talked to me about the case—I did not tell him the prisoner had called on me at half-past three, and had left at four.
MR. PAYNE. Q. What passed between you, Allen, and Roberts? A. They brought several letters, and Mr. Lewis was there, and I produced another, an anonymous letter which I had—I never told Allen the prisoner left at four o'clock—he never asked me what time he left—no question was asked about the time.
COURT. Q. When did the prisoner first come in? A. I cannot exactly tell you; he was in and out several times—he brought some old shoes about three o'clock for me to dispose of for him, and a few minutes before five I went with him to Holywell-lane, and disposed of them to Mr. Avery, and he left me, and went to the King John, and what became of him afterwards I do not know—he came in two or three times between three and five—he did not stop at Avery's till I had sold the shoes; he left me before that, and went to the King John—I did not go into Avery's shop; I found him standing at the door talking to two men, and I went with him into the shop—I am sure the prisoner had left me before I spoke to Avery—I did not join him afterwards—he did not wait for me outside—it might perhaps be five o'clock—I did not go into the King John at all.
ELIZA DAY . I am the prisoner's mother. I did not know of his being in custody till the Sunday evening—on the Monday before that, about five o'clock or five minutes past, he came borne to tea to my house, 47, Old-street-road—it would take a person about three minutes to walk from my house to Holywell-lane—he remained at home half-an-hour, as near as I can say—he wore green trowsers and a black coat and hat.
Poplar—I know Day; on the Monday before 3rd April he came to my mother's house about five minutes to eight o'clock, and remained till five minutes to ten—he had a railway ticket with him—I went three parts of the way with him to the station—he was dressed in green trowsers, a black frock-coat, a coloured neck-handkerchief, and a hat.
Cross-examined. Q. Had you ever seen him before? A. Yes, I lived fellow-servant with him—he used to come and see me about once a month—he could not come frequently, because he was in service—I know this was 31st March, because I had a holiday—Mrs. Roberts came to me, and asked me to be a witness, about a week before he was committed—it was on a Thursday she first spoke to me, and I went before the Magistrate the next Saturday.
MR. PAYNE. Q. What day of the week was it when you went to the Guy Earl of Warwick? A. Either Wednesday or Thursday—it was the Monday before that that he came to my mother's—her house is about ten minutes' walk from the railway-station.
HARRIET GOODEY . I am the wife of John Goodey, a carpenter, of 72, Charlotte-street, Old-street-road, the next house to Mrs. Day. I know the prisoner by his applying to me for a lodging on 31st March—it was from half-past five, or from that to six o'clock.
ELIZABETH WOODFIELD . I am a widow, and live at 18, John-street, Limehouse-fields. I have known Harriet Newman seventeen or eighteen years—she is about twenty-three years of age—I have written several letters for her—two years ago I wrote letters for her—I wrote one or two letters for her in the latter end of Feb. or the beginning of March—I know that, because I removed in those months—I wrote this letter (looking at the one to the prosecutrix) in the month of March—Harriet Newman came to me early one morning before I was up, and told me she wanted a letter written—she dictated this letter herself; and when I asked her the reason, she said, "Oh, Mrs. Woodfield, it is only a lark; Richard Roberts and myself are going to have a lark amongst us"—she told me I was to write it in a very large hand, a man's hand, for if her young man Richard Roberts's hand would be known, and it would spoil the lark—I know nothing about their being unhappy, and wishing to be happier—I also wrote these two directions by her desire (the directions found in the prosecutrix's hand)—I did not ask her the reason—Robert Coachford opened the door to her—she brought the writing-paper in her hand on that occasion—while this investigation was going on, I saw her a dozen times—I told her it was a very serious thing, and begged of her not to go on the last day of his being remanded—I said I would let it rest while it remained at the Thames, but if he was committed, I should feel it my duty to speak; she replied, "If you split," these are her own words, "I am a rained young woman"—I said, "Then you don't mind ruining the young man?"—she went with me, and showed me where Day's grandmother lived—that was within a week of his last hearing, somewhere about the Monday or Tuesday that he was going to have his last hearing at the Thames on Saturday—I had asked her mother to allow her to go with me to the grandmother's, which she did, but the grandmother was not at home; she had gone to see her grandson, at the House of Detention—I saw the aunt—the prosecutrix was not with me then; she was waiting at a public-house close by; she did not hear what passed between me and the aunt—when I first knew her, she lived at Rhodeswell-road, near Bow-common—I have a daughter, who is much younger than her—when I first became acquainted with Newman, my daughter was somewhere about seven or eight years of
age, I really cannot say: but she is nineteen now—one of these letters which I wrote for the prisoner has a kind of rusty appearance; I wrote it for her one morning, I bad no ink in the house, and borrowed my landlord's, which had coperas in it—I told Mr. Lewis, the attorney for the prosecution, the contents of the letters before I saw them, and have a witness to prove it—I did not know Day or Richard Roberts before this transaction—I never wrote a letter at Day's request, nor any of his family—I did not know where he lived till I was shown.
Cross-examined. Q. How long have you been a widow? A. A year and five months—I live upon my own resources, by writing and a little needlework—I have been called a fortune-teller, and have been shamefully abused; I am not—I was never taken to the House of Detention because I was very skilful in the stars—I was never in trouble but once, when a woman spat in my face, and I struck her with a pint-pot; that it very different to cards—I told Newman her fortune; that if she attempted to prosecute an honest young man, I would tell her he was innocent, and place her where he was placed; and I have told one or two witnesses, who have insulted me, their fortunes—I never was in custody on any other charge—I was in prison fourteen days, and the woman laid in the hospital a month—I wrote the letter signed "R. Roberts," by the desire of Harriet Newman—she said I was to write it for a lark, and one was to be written to her father—she did not tell me what the lark was to be—it must have been in March, on account of the moving—I had written other letters for her; two or three years ago I wrote a love-letter for her—I am in the habit of writing letters for people—they pay me 6d. each; but knowing Newman so many years, I took 6d. for the two—I have given information for the defence, to counsel—I came with the person who took out the subpoenas in this Court, to show them where to come—I have seen my own witnesses; I have not been with every one of them, to learn what they could tell—I did not want any learning; I only wanted to come here to speak the truth, and wanted every one of the witnesses to do the same—I have seen them all here to-day—I did not see one of them before they were examined before the Magistrate—it was after the committal that I was concerned for the defence—I did not know the prisoner was in custody till he had had his second remand; they kept it all from me—I thought it was very cruel for her to appear against Day; but I did not appear before the Magistrate, because I did not want to ruin the young woman—I said, "I have known you from a baby, Harriet, and I will not split against you, unless you prosecute this young man"—the mother said she would sell her things to prosecute him; and I said, "Mind you don't sell them to prosecute your own child"—I did not make that statement before he was committed, because I never expected it would come to a committal—in spite of all I said to her, she persisted in prosecuting, after she found Day's people would give no money—I was not at the police-court at the last hearing, nor near it—I first told what I have told you to-day to Mr. Lewis, and have a witness outside to prove it—he paid the most polite attention to all I said—I have never been insulted by him—I did not appear before the Magistrate, because I tried to save both the guilty and the innocent—I have known Newman seventeen or eighteen years.
COURT. Q. How old is your daughter now? A. She will be twenty next month—Harriet Newman is about three or four years older; she is about twenty-four—I do not exactly know the age of my child when I first knew Newman; they were two girls running about, because I recollect an instance of smacking Harriet Newman's hands because she pulled some
hair out of my daughter's head, my daughter being the younger; that is the only clue that I can go by.
ROBERT CROCKFORD I know Mrs. Woodfield—Harriet Newman came there one morning, between 10th and 17th March—I opened the door to her—she wanted Mrs. Woodfield, who was not up—I went and knocked at her door, and Newman followed me in, and said, "It is me"—Mrs. Woodfield aid, "Come in," and she went in; and in five or six minutes Mrs. Woodfield came out, and said, "Mr. Crockford, I want your pen and ink; I am going to write a letter"—that was while Newman was there.
Cross-examined. Q. What are you? A. A shoemaker; I live at 3, James-street, Limehouse-fields. Mrs. Woodfield lived there three weeks, from 1st March to 22nd—I cannot say the day Newman came, but it was about the middle of March—I was spoken to be a witness about April, I think—I do not know whether it was after the prisoner was committed—I know nothing about that—they are all strangers to me—I should know Mrs. Woodfield's writing if I were to see it—I have seen it several times—I think it was Mrs. Woodfield who first spoke to me about being a witness—she called on me—we have not spoken very often together about coming here—I have not seen her since she left me, on 22nd March—she came to me, and asked me to come here.
GUILTY on 3rd, 4th. and 6th Counts.— Confined Twelve Months
Before Mr. Serjeant Talfourd
Before Mr. Recorder
MR. PARRY conducted the Prosecution
DANIEL DRAIN I am gardener to Mr. Joshua Pedley, of Forest-gate, West Ham. He has potato clamps in his ground—I know the prisoners; they live in premises adjoining my master's—about the 15th of April there was a large quantity of Regent potatoes clamped on my master's ground—on that day I saw the coachman pick some of the potatoes and put them into sacks—he made up five sacks—we left work that evening at six o'clock—I law the five sacks safe; they were put into the clamp, and covered with straw, and then with mats—next morning I went to work at six—about seven we missed two sacks of those that had been sacked up, and about three sacks of the loose potatoes from the clamp—two of the sacks which had been filled the night before, had been emptied, and the empty sacks left on the full ones—there were foot-marks which we traced from the clamp across the orchard to the corner of John Peck's garden, to the edge of a ditch; but I did not go across the ditch into his garden—Manning, the police-sergeant, compared some shoes with the foot-marks—I went with Benton to Peck's premises—I saw two sieves and about three-parts of a sack of potatoes in a shed adjoining his house—I went to a clamp in his garden, and found about two sacks and a half of potatoes there—they were exactly of the same sort as my master's—these are some that were in the clamp, and these are some that were in the shed—they are both exactly the same sort as were in my master's clamp—
those that were in the sacks in our clamp were picked; those loose in the clamp were not—the value of those we found were 24s. or 25s.
Cross-examined by MR. WORSLEY Q. How long have the prisoners lived there? A. I cannot say; I have been there two years and a half, and they have been there that time—the elder prisoner is a pig-butcher, and I believe a general dealer—my master's premises are not open to the Forest—they are inclosed from Wanstead-flat—the potatoes we had were all Repents—some of the potatoes found on the prisoner's premises were picked, had the shoots rubbed off—it is customary to rub off the shoots before they go to market—any grower in the market would do that.
MR. PARRY Q. Is the soil in which these potatoes are grown a different soil to that about West Ham? A. Yes; these were grown at Billericay—I have grown the same sort in our garden at my master's, but we use them for the house—these were going to market, and we rubbed off the shoots for that purpose.
CHARLES BROWN I am coachman to Mr. Pedley. I picked these potatoes on the 15th of April, and put them in five sacks—those produced correspond exactly with what I picked—next morning I missed two sacks out of the five—the gardener and I traced footsteps as far as the ditch that joins the prisoner's premises—I was with Manning when he tried some shoes—I was in the shed, and saw the potatoes in the sieves and in the sack—I likewise saw the potatoes that were brought from the clamp in the prisoner's garden—they were so much like my master's that I could not tell the difference.
Cross-examined. Q. Should you know the difference between your master's Regent potatoes and any other? A. I think I should; I picked these over, and they were so sizeable, and so much alike, I think I should—these were going to market—I have taken a ton of potatoes there before—I do not know whether the prisoner takes them to market—I know he grows potatoes—there is a ditch between my master's garden and his—the water in the ditch is about four feet wide—I cannot tell how deep it is; it is deeper in some parts than others—the cattle run in it—I traced some footsteps up to the ditch—I cannot tell whether there were footsteps in the prisoner's garden; it was fresh dug that morning.
MR. PARRY Q. Did the prisoner grow potatoes like these? A. I do not know—I never was on his ground before—these all came from Billericay—those we grew on our own premises were quite different to these.
JOHN WILLIAM MANNING (police-sergeant, K 5.) I had a search-warrant to examine the prisoner's premises. On 16th April, I went to the clamp in Mr. Pedley's garden, and saw footsteps from the clamp across an orchard, and from there to a ditch that led to the prisoner's garden—that was about two o'clock in the day—the footsteps appeared fresh, as if made the night before—I did not cross the ditch which divides the gardens—I could see very plainly that a plank had been put across—there was the impression on both sides very plain, immediately at the point to which I traced the footsteps—I found a plank in the prisoner's garden—I measured it with a piece of stick, and then measured it to the impression; it exactly corresponded—I searched Peck's premises—I found the two sieves of potatoes, and three parts of a sack—the officer then found the others in a clamp—I took John Peck, jun.—I told him the charge—he said they were all grown there—I took the father, and told him what he was charged with—he said that he grew them all—I took him back to his own house—I showed the potatoes to him, and said, "These are the potatoes I allude to"—he then said he bought two sacks of his eldest son—he was then taken into custody—I afterwards examined the
footmarks—I took Edward Peck's shoes off—I found some footsteps exactly of the impression that his shoes would make—there was nothing very particular in his shoes, but they had a very broad toe, and one of the heels was worn very much—I could not find any impression of the elder prisoner's shoes.
Cross-examined. Q. You saw no footmarks in the prisoner's garden? A. No; it was dug up—there was a man digging it at the time—the ditch might have been six or seven feet wide; the length of the plank—one side of the ditch was mud—on the other there were a few nettles growing—the ground is not perpendicular on the side of the prisoner's premises—the elder prisoner told me that he grew the potatoes—when I went with him to his house he said "I bought two sacks of my eldest son"—the potatoes were not in an open shed on his garden—the door was shut, and his wife pushed it open—the door leads from the shed to their back-room.
JOSEPH BENTON (policeman, K 381)I searched the prisoner's premises—I found some potatoes in a clamp—I found some footsteps in Mr. Pedley's ground to correspond with the shoes of John Peck, the younger—when John Peck, Jun. was taken, I showed the potatoes to him, and he said, "My father grew these"—there was one nail higher than the others in his shoes, and I traced that exactly—I found some marks near Mr. Pedley's clamp—some of them corresponded with John Peck, jun.'s shoes.
Cross-examined. Q. On what day was this? A. The day after the loss—we received information about nine or ten o'clock—the potatoes I found in the clamp were what I showed to John Peck, jun.—I took off his shoes and compared them with the marks near Mr. Pedley's clamp—I made an impression by the side of them, and there were the same marks exactly—I did not put the shoes into the original impression till afterwards—this was on 16th April—it was not wet that day, nor the day before—the ground was not to say dry, it was mould where the clamp was—there were weeds in some parts, some parts were clear.
(The prisoners received good characters) NOT GUILTY
Before Mr. Common Serjeant
GUILTY Aged 17.— Confined Fourteen Days
ALFRED WRIGHT I keep a beer-shop, at Chingford Hatch. About four sights before I went before the Magistrate I lost a spade and potato-fork; this is the spade (produced) it is mine, the prisoners had no business where it was—I saw them about the premises that day—I kept it in a pigstye, on the back premises.
Cross-examined by MR. PARNELL Q. Do they use your house? A. No; but they are always loitering about there—the spade was not so rusty when I lost it—it was broken as it is now, by which I know it, and by its general appearance—I am in the habit of using it—I bought it last spring for 1s. 9d., of a relative of the prisoner's, but I did not know that then—it has been used a good deal since—Wood lives a few doors from me—it was four months between my losing it and finding it.
Kitchen. I bad not been near your premises for six months.
Cross-examined. Q. Do you know Wood? A. Yes; he bat lived in the neighbourhood three years—I never knew him in custody.
WILLIAM RIOSBY I live at chingford Hatch. I bought this spade of Kitchen, two or three months ago, for 1s. and a pint of beer—it was broken, no one could work with it till it was mended without hurting their hands.
Cross-examined. Q. Is it broken in a place where spades very frequently break? A. Yes; I bought it in the public tap-room; three or four people were there, and saw it sold—I have known Wood a great while, he has borne a respectable honest character for anything I know.
DAVID FLOWERS (policeman, N 363). I took Hitchen on 29th April—I asked him, in Wood's presence, if he had sold a spade to Rigsby—he said he had, and that he got it from Wood, and had given him a fish-basket in exchange for it—Wood said that was correct, and that he found the spade in a ditch.
Before Mr. Recorder
MR. COOPER conducted the Prosecution
SARAH WELSH I am single, and live in New-street, Deptford. On Monday night, 12th May, I was at the Centurion public-house, and on returning, between twelve and one o'clock, down High-street, the prisoner overtook me—I had known him before, by sight—this is the seventh time he has served me in this way—he did not say anything, but kicked me—I turned round to see who it was, and he struck me several times in the face with his fist—I asked him what he did it for, when he kicked me again—I fell, and in falling he took my shawl from my back; this (produced) is it—I asked him for it several times—he said he would not give it me.
Prisoner She is a common street-walker. Witness I get my living the best way I can—when I get work I do it, and when I cannot get it, I have to go on the streets—I work at wood-chopping—the prisoner has ill-used me several times before in coming from my work, when he has met me in the street, and nobody was near—he has threatened my life several times.
COURT Q. How long have you known him? A. Three years, at Deptford—I never lived with him, or in the same house with him—I never had anything to do with him—I cannot say why he has ill-used me—I never gave him any reason—I cannot account for it at all—the first time he did it was as I was returning from the fair—I had two females with me then—he followed me from the fair—that is three years ago—he did not ask me to go with him, or anything of the sort—I have been in the same room with him several times, at public-houses, but not in private.
ELLEN FAIRWAY I am single, and live in Giffin-street, Deptford. I get my living by shirt-making—I was walking in High-street, between twelve and one o'clock, on the night in question, and saw Welsh walking just before me—I saw the prisoner come behind her and kick her; she turned round, and he struck her several bard blows in the face—he then kicked her again, and she fell—he dragged her shawl off her shoulders, and put it into his bosom—he kicked her several times about the body after she was lying on the ground, quite insensible—I stood by till the constable came—the prisoner did not go away—he staid till the constable came and took him—when the prosecutrix
came to herself she asked the prisoner for her shawl, and he refused to give it to her.
HENRY FROOD (policeman, R 191). I heard a disturbance, went to the spot, and found the prosecutrix lying on the ground, apparently insensible, supported by Fairway, and the prisoner standing close by—on the prosecutrix recovering herself in about ten minutes, she told me she had been very much ill-used, and her shawl taken from her by the prisoner, and she asked him for it—he refused to give it her—I requested him to deliver it up to her—he refused, and on the charge being pressed by the prosecutrix, I took him into custody—at the station I found the shawl secreted in his bosom—the prosecutrix seemed very much hurt—there was blood on her face—she was perfectly sober, and so was the prisoner—he is a labourer, and a very troublesome character—nothing was said to explain what this was about.
(The prisoner's statement before the Magistrate was here read)—"I did knock the young woman down, but not to steal the shawl—a young woman gave the shawl to me."
Prisoners Defence That is true—a young woman gave it me, and I put it in my bosom—the policeman asked me for it, and I refused giving it him, because I have known her for the last three years, and I was in the habit of going with her, and have been in a private place by herself.
SARAH WELSH re-examined It is false, he has not been in the habit of going with me—he used to come several times to his companions, who lived in the room undermine, but he has not been in my place; and when I found he came to the house I left it—I was frightened to be in the house where he was—I have left it three weeks—I cannot say whether he followed me as a sweetheart—it appears as if he did, but I never gave him any encouragement.
(The prisoner received a good character.)
GUILTY of an assault Aged 31.— Confined Three Months , and to enter into his own recognizance in 201., and find sureties in 101. each, to keep the peace for twelve months.
GUILTY Aged 22.— Confined Four Months
MR. O'BRIEN conducted the Prosecution
JOHN TAYLOR (policeman, R 218). On the evening of 29th April, about eight o'clock, I went with Mrs. Church to the prisoner's house in Church-street, Lee—the prisoner was painting in a small house adjoining—I told him Mrs. Church had given him in charge for robbing her—he said he had got nothing but what belonged to himself—I found two paint-pots and three brushes in the yard behind his house—Mrs. Church said they were hers—the prisoner said they belonged to him—I took the prisoner to the station, and Green, who was with me, searched his house—I found on the prisoner a painter's knife.
Cross-examined by MR. BALLANTINE Q. Are the paint-pots and brushes here? A. No; I have not brought them, as Mrs. Church could not positively
swear to them—they are at the station at Greenwich—before the Magistrate, Mrs. Church said she believed they were hers—in the yard she said they were hers—the property that her son swore to is all here—I left the others by the direction of the clerk of the Court—we were directed to bring only what was sworn to—there was a screw-driver Mrs. Church thought was hers, but her son knew it belonged to the prisoner.
JOSEPH GREEN (policeman, R. 315) On the evening of 29th April, I went with Taylor to the prisoner's house—I searched the premises—I found in the washhouse three cans, and a glue-pot, and in a box in the back kitchen these 5 lbs. of solder—this mould in which it was run was at the prosecutrix's—I found at the prisoner's this hose of a pump—in the bedroom, up-stairs, I found 14 lbs. of solder, and eleven pump-suckers—these are them, and eight paint-brushes—I showed them all to Mrs. Church, in the prisoner's presence—she said she believed all that property belonged to her—the prisoner said all the articles belonged to him—I asked him where he bought the metal—he said at some place in London; he did not know where.
Cross-examined. Q. Did he say, "I bought it in London, but I can't point out the shop?" A. He said in some shop in London, but he did not know where.
CATHARINE CHURCH I am a widow. I carry on the business of a painter and glazier, at Blackheath—the prisoner lived five years in my service—his wages were 18s. a week—he was in my service up to the 29th April—from time to time things were missed out of my shop—in consequence of something that occurred I took a policeman to the prisoner's house on 29th April, about eight o'clock in the evening, and gave him in charge—he was not employed by me to paint the house next to where he lived—he had been working for me that day, and had left about five—the policeman searched his house, and produced these articles—I believe these suckers are mine—this hose belongs to my pump—I had not misted it—I forget when I had seen it last—there is no mark on it, but my son-in-law put it into the pump. and found it exactly fitted—I can speak to this glue-pot—I was looking for it for some time—I had asked the prisoner to look for it for me, and he told me he could not find it—I thought that a person who worked in my employ had borrowed it, and told the prisoner to go there and look for it—he went, and said he could not get it—the prisoner had not the smallest authority from me to take any of my things to his house.
Cross-examined. Q. He came into your employ at 10s. a week? A. Yes; he then got to 12s., then to 14s. or 16s., and then to 18s.—I believe he is recently married—he has been treated with great confidence—he sometimes had the management of my business—I had no one else to depend on—the articles I am able to speak to are worth 25s. or 26s.—I could not give much for them in my circumstances—I do not know the value of this glue-pot—I gave about 7s. for it when it was bought—it is about twelve months old—twelve months' use rather damages the bottom of a glue-pot—this was the only thing I asked the prisoner about, and he said be could not find it—he has never had it home before and brought it back, to my knowledge—I believe he had a picture once, and brought it back—he took it home, to take care of for me, because I had a distress in my house for rent, to prevent my creditors getting hold of it—that is about sixteen months ago, before I went through the Insolvent Court—I did not ask him to take care of any other things, to my knowledge—I had been in a great deal of trouble, and may have forgotten it—I sent him to pawn a bed and blankets, my own dress, and a Bible—I sent him afterwards to take them out, and pay the interest and the money—I
sent some plate—I believe not so much as 5l. worth—I gave him some money to take some articles out—I do not recollect what—I trusted him with my things, and he brought the articles back—I did not tell him that my step-son had always charged me a great deal more for interest when he had taken them out—I have not employed my step-son to pawn my plate, and take it out, to my knowledge—I will not swear it—I was some time away, in consequenee of distress—I left my step-son to manage my business—I was in prison four months—during that time the prisoner came to me once—I did not tell him to look after my step-son, and keep an account of the money received—I told him to look after the house, and take care of it till I came back—when I came back he made a communication to me about my step-son—I do not know that there had been sums of money received, and not accounted for—very trifling, perhaps 10s.
Q. Did you not go to a Mr. Payne, and ascertain that 14s. had been paid? A. That was before I went into prison—this prosecution is mine—I do not know that the prisoner and William Church have quarrelled—they had words—he has not charged Church with being a thief before me—I have not heard him charge him with embezzlement.
MR. O'BRIEN Q. When were you insolvent? A. Twelve months back—I was four months in Whitecross-street—I was put in Feb.—I had my hearing on 6th June, and was discharged on 7th.
WILLIAM ELLIOTT CHURCH I am step-son to Catharine Church. I was in her service till Sept. last—the prisoner was in her service—these eight brushes and this trowel are hers—I know them by the marks on them, and have been in the habit of using them the last two or three years—this one has "No. 8" cut on the handle with a penknife by the late foreman—I saw these brushes safe in Sept., when I left—these oil-cans are Mrs. Church's—this one has her name on the label—this glue-pot is her's; I think I have used it once—I saw it safe two years back—I saw this hose safe when I left in Sept., it was lying on a shelf in the shop—I identify five of these pump-suckers—I know them by their being old—they have been lying in the shop to long, and the dirt and paint is on them—I cannot say anything about this metal—I have seen it fitted to the mould which was in Mrs. Church's shop—this knife is mine—I missed it fifteen or eighteen months back—I was in Mrs. Church's service then, and so was the prisoner—I had worn the ferule of it down by grinding it on a stone—I had had it five or six years, and had used it in Mrs. Church's service—I kept it on a shelf in the shop.
Cross-examined. Q. Did you happen to have the prisoner's knife? A. Not that I am aware of—I have used it, but have returned it—if I had it at my own house, I have not had it a week—I might have had it in my basket one or two days—the value of it is only 9d.; I left in Sept. of my own free will—a false accusation was laid against me, by Mrs. Church, of embezzling 11l. 10s.—I believe that was through the prisoner—he came to me with a message from Mrs. Church—I had no quarrel with him—I had no words with him on that account—I might have had words with him, but nothing serious—I have heard that he pointed out to Mrs. Church different acts of embezzlement of mine, but I contradicted it—I was doing business for myself—I do not now do for Mrs. Church what the prisoner used to do—I do hut little—there is another person besides me working for her—he sometimes borrows my knife—the prisoner was sent to bring this glue-pot from a place where it had been borrowed, and be took it to his own house.
MR. O'BRIEN Q. Had you any quarrel with the prisoner, when you left Mrs. Church in Sept.? A. No; she did not turn me away, I went of my
own free will—I did some business for her in Nov. last, While the prisoner was there, and have done business occasionally since for her.
(The prisoner received a good character)— NOT GUILTY
MR. PLATT conducted the Prosecution
HUGH ECCLES (policeman, A 44). On Friday, 18th April, I had been to Greenwich with M'Donald—we were at the railway-station at Greenwich, at twenty minutes to eight o'clock in the evening, endeavouring to get our tickets—there was a great crowd—the prisoner was on my right—I felt my coat move, turned, and saw the prisoner with my watch in his right hand—I said to him, "All right, my lad, I have you;" and caught him by his right arm—directly I seized him, he dropped the watch—I was in plain clothes—I stooped to pick it up—this is it—there was a chain to it, which was either cut or broken, and remained hanging to my waistcoat—the ring was gone—the watch is worth 2l.—it was quite light—there was gas burning.
Cross-examined by MR. O'BRIEN Q. Had you been on duty at Green-which? A. No; on pleasure—I had not my coat buttoned.
JOHN M'DONALD (policeman, A 141). I was with Eccles, on Good Friday night, in plain clothes—we were coming by the railway from Greenwich—I was behind Eccles, and heard him say, "All right, my fine fellow!"—I turned, and he had hold of the prisoner—I saw the prisoner drop the watch—Eccles picked it up.
GUILTY .** Aged 20.— Confined Six Months
Before Mr. Common Serjeant,
1209. HENRY GLOUCESTER , burglariously breaking and entering the dwelling-house of James Powell, and stealing 1 coat, value 2l.; the property of Edwin Jones; 1 pair of boots, value 5s.; the property of Francis Marchant: and 1 coat, and other articles, value 1l. 14s.; the property of James Powell: having been before convicted.
ELIZA POWELL I am the wife of James Powell; we live in the parish of Plumstead. On Thursday night, 17th April, I went to bed at half-past ten o'clock; I was the last person up; I fastened the house myself—next morning, I went down to the kitchen, and found the window a little open, and the door wide open—I am sure that window and door were shut the night before—I found the back-parlour door open, which was shut the night before; and the cupboard door was open, which was shut the night before—I missed one silver spoon, and two silver tops of bottles; they had been safe the night before, on a shelf—a great coat was gone, belonging to Edwin Jones, a lodger; and one pair of boots belonging to my husband, and one pair belonging to Francis Marchant, a lodger—these are the coats and boots! (produced)
Prisoner. Q. Have you any mark on these things? A. Yes; here is my own needlework on this coat, and I expect there is a note in one of the pockets—here it is—it is a receipt for my seat at chapel.
GILES HORNE (policeman, R 150). On Friday morning, 18th April, I was on duty at Charlton, about six o'clock, about two miles from Mr. Powell's—I stopped the prisoner carrying a bag—I asked what it contained—he said wearing-apparel, that some woman at Plumstead-common let him have them to make what he could of them—I took him into custody—I found these two coats, and two pairs of boots.
JOHN CARPENTER (police-sergeant, R 38). I produce a certificate of the prisoner's conviction here (read—Henry Thornton, convicted 22nd Oct., 1849; confined One Tear)—since that he has had three months, for picking pockets.
GUILTY Aged 18.— Transported for Ten Years
MR. METCALFE conducted the Prosecution
WILLIAM MEADS I am a farmer, and live at Bowditch. I bought a horse and a mare—the prisoner was with the man I bought them of—on 25th April, about the middle of the day, he passed by my house—I saw the hone and mare safe that evening in the yard; the gate was shut—on the following morning, between five and six o'clock, the horse and mare were missing—they were brought back to me by a policeman—I am certain they are mine.
Cross-examined by MR. HORRY Q. Where did you buy them? A. At Bowditch—the man was travelling about the country.
JOHN BRADDICK (police-sergeant, R 46). My beat is at Shooter's-hill. On Saturday, 26th April, I saw the prisoner leading two horses along the road, about ten o'clock—I asked him whose they were—he said his own; and he had bought them that morning at Dartford-heath, of Jack Smith—I asked who he was—he said he did not know; he gave him 50s. for them—I took him, and afterwards heard of this robbery.
Cross-examined. Q. How far is it from Dartford to where you met the prisoner? A. About seven miles: Bowditch is about twenty-five miles from Dartford. (The prisoner received a good character.)
GUILTY Aged 20.— Transported for Seven Years
GUILTY , and received a good character Aged 20.— Confined Three Months
HENRY MATTHEWS I am an upholsterer, of Deptford. The prisoner was in my employ seventeen or eighteen years; he had charge of the shop—on 1st May, I missed a card table, a pier glass, and some bed-furniture; they were safe when I left home, about three o'clock on 1st May; I missed them about half-past five, and gave information—I have seen them at the pawnbroker's—they are mine.
JOHN GOTTRELL I live with Mr. Picker, a pawnbroker, in Clerkenwell. On 1st May, about half-past four or five o'clock the prisoner came and pledged a card table, pier glass, and some bed-furniture, in the name of John Jones—here is the duplicate (produced)— they were too large to bring here—Mr. Dicker was in the shop—he knew the prisoner—he is not here.
GEORGE SMITH (policeman)I took the prisoner on 2nd May, and told him the charge; he made no reply—I found on him this pistol, five bullets, and some powder in paper—he said, "Well, policeman, if you had not taken me into custody, it would have been all over with me in another hour."
Prisoner's Defence I sold the goods to a countryman, whom I had sold goods to before—I waited half an hour, and did not see him—I met a young man who pressed me to pledge them, to lend him a little money—I did not steal them.
8 spoons, and other articles, value 2l. 8s.; the goods of George Reeve, her master. MR. HORRY conducted the Prosecution
GEORGE REEVE I am a carrier, living at Royal-hill, Greenwich. The prisoner was in my service about fifteen months—in Aug. last my daughter left town on a visit, and the prisoner had the care of the plate—I did not pay particular attention to it till 15th April, when my daughter returned—I then asked the prisoner where the spoons were—she said she did not know; she supposed they were all right—I said they were not in the plate-basket; and after some time she said she had put them away; she refused to tell me where—I searched a box of mine in her bedroom, and found in it two duplicates—I missed other articles, and gave her in charge—I saw the constable find this pocket between the mattress and sacking of her bed—there were forty-three or forty-four duplicates in it—she said she intended to redeem the articles when her wages were paid her.
EDWARD CHALLIS I am shopman to Mr. Delaney, a pawnbroker, of Church-street, Greenwich. I produce a pair of spectacles, pledged in the name of "Mary Powell, Church-passage, for Ann Johnson," I do not know who by.
ROBERT KENDRELL I am shopman to Mr. Nash, a pawnbroker, of Greenwich. I produce a silver spoon, pledged on 15th June, in the name of Ann Powell, by the prisoner, I believe; I am not positive—I produce a baby's shirt, two pinafores, a handkerchief, two sheets, two pieces of merino, and two pieces of flannel, the duplicates of which correspond with those found by the officer—the linen is pledged in the name of Mitchell.
Prisoner's Defence I pledged them, because I was not half fed. (There were two other indictments against the prisoner.)
GUILTY Aged 45.— Confined Six Months
CHARLES THOMAS GREEN I keep the George told Dragon, Woolwich. This tumbler is mine—it has "George and Dragon" on it—I missed it on Sunday evening, 27th April, about ten o'clock, with one of another pattern—in the morning I found one of a similar pattern, which did not belong to me, left instead of it—the prisoner was there between eight and nine that evening.
GEORGIANA BESFER I am servant to Mr. Green. I saw the prisoner there between eight and nine o'clock—she was drinking out of a pot—I saw her drop a glass on the floor by her side—she picked it up and put it on the table—this is it—it is nut my master's; it was left instead of his.
Prisoner's Defence I bought the glass of a little boy; if I had stolen it I should have locked it up in my room, or made away with it.
April, the prisoner came, and was served with half a pint of beer in a glass—I showed her into the parlour—there was one person there, who left in about ten minutes—the prisoner left a few minutes afterwards—next morning my mistress missed a tumbler, and asked if I had broken it—this is it (produced)—here is her name on it.
GEOBGIANA BESFER I am servant to Mr. Green, of the George and Dragon. I served the prisoner with beer on 27th April—I saw a glass on the floor—she picked it up and put it on the table—I asked whether she wanted it—she said, "No," and I took it away, thinking it was my master's—it was like this.
Prisoner's Defence I purchased a glass, and my cloak knocked one down, which I gave to the servant, without looking at it; what motive could I have to steal one glass, and then exchange it for another?.
GUILTY . * Aged 41.— Confined Two Months
JOHN POWELL (policeman, R 340). On 23rd April I was on duty with Crouch, at Greenwich fair, and saw the prisoners together—Allen put his hand into two females' pockets within ten minutes—while I was watching him, he placed himself beside the prosecutrix, put his hand into her pocket, and took something out—Johnson was at his side, and received it into his right hand—I laid hold of his hand, and he dropped two pence—I took Allen.
Cross-examined by MR. PAYNE Q. Was there a great crowd? A. Not so much as usual, being wet; I was in plain clothes—I asked the prosecutrix what she had in her pocket, and she directly said, "Two penny-pieces"—she did not say she had not lost anything—the station is in the centre of the fair. JAMES WILLIAM CROUCH (policeman, R 118). I was with Powell, in private clothes—I saw Allen put his hand into the prosecutrix's pocket, take something out, and give it to Johnson, who closed one hand, and passed it to the other—Powell caught hold of it, and he dropped two pence (produced)
Cross-examined. Q. Did you hear the woman say she had nothing in her pocket to lose? A. No; she said she had two penny-pieces and a 4d-piece, and she lost the penny-pieces.
Cross-examined. Q. When did you know they were safe? A. About a quarter-past two o'clock—the policeman spoke to me about three—my mother was with me.
ALLEN†— GUILTY Aged 19.
JOHNSON†— GUILTY Aged 26.) Transported for Seven Years
1217. JOHN GREGSON (a soldier,) burglariously breaking and entering the dwelling-house of Samuel Symms, and stealing 2 shirts, 1 razor, and other articles, value 8s. 8d.; his property. Mr. PLATT conducted the Prosecution.
SAMUEL SIMMS . I live at 3, Warren-lane, in Woolwich parish. On 6th May I fastened all the doors and windows, and about nine o'clock went to bed—I got up next morning, about half-past seven, and found the back and front doors wide open, and the window-shutters torn away from the hinges., and made into four pieces—I missed two shirts, a handkerchief, a towel, some bread, and other articles, from a cupboard, where I had left them safe the night before—these (produced) are them—I consider them worth about 5s.
Cross-examined by MR. ROBINSON Q. A good many respectable people live in Warren-lane, but are there not some who are not? A. Yes; there are a good many women at the back part.
WILLIAM GLADWIN (policeman, R 122). In consequence of information, on 7th May, I went with Sergeant-Major Hadnill to the Marine Barracks, and saw the prisoner there—I asked him if he was with a young girl between one and two o'clock that morning—he said, "Yes"—I told him I should take him into custody on suspicion of stealing two shirts, and other articles, from a house in Warren-lane—he said, "You are mistaken; I know nothing about it"—I said, "I have reason to believe you do, and I must see your knapsack"—he said, "I have nothing there"—I said, "I must go up and see"—going up to the barrack-room he said, "I have got the things in my baggage"—I searched his baggage, and found some of the things there, and some in his bosom, and Hadnill found some—he then said, "I must have made a mistake, and got into the wrong room"—he afterwards said the girl had robbed him of 3s.; she was before the Magistrate.
Cross-examined. Q. Did he say he thought it was the girl's house he had got into? A. Yes, the girl's room.
JAMES HADNILL Gladwin asked the prisoner whether he was with a girl last night—he said he was—Gladwin asked what the girl's name was that had robbed him—he said he could not tell—Gladwin said he should take him on suspicion of breaking into a house in Warren-lane, and stealing several articles there—the prisoner denied it, Gladwin said he should examine his knapsack; and on going towards the room he said, "I did so, and have the things in my baggage"—we went to the room, and the articles were found in his baggage, except the handkerchief, which was in his bosom, and the razor and loaf on the shelf—when the; bread was found I said, "This is not bread that is served out for your use?"—he said, "That is one of the loaves I took."
Cross-examined. Q. How long has he been in the regiment? A. About nineteen years—I have been in it sixteen years—I cannot say whether I have known the prisoner all that lime, as be may have been at sea—I am sent here by the commanding-officer, and have extracts from the Court-martial book—he was tried on 18th Aug., 1849, for improperly obtaining a pair of boots, and making away with them—he was also tried after that for absence, and making away with a pair of boots—I never saw him drunk—I did not see him when he came in on this morning; I cannot say whether he was drunk; he was not reported so by the sergeant of the guard—he had had a pass for the night.
GUILTY Aged 39.—Recommended to mercy by the Jury— Confined Three Months
GUILTY Aged 30.— To enter into recognizance to appear to receive judgment next Sessions
Before Mr. Recorder,
1219. GEORGE PEARSON BARRETT and ENOCH PEARSON BARRETT , stealing, on 10th May, 1849, 3 silver watches, 33 pairs of trowsers, 19 waistcoats, and other articles, value 39l.; the goods of the London, Brighton, and South-Coast Railway Company, their masters.—Other COUNT, charging them with receiving the same: and ROBERT ABBOTT , feloniously receiving the same.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution,
THOMAS TURNER I am a draper, at Cuckfield, in Sussex. In April or May, 1849, I sent a silver watch, by my brother Joseph, to Mr. Cragg, of London, to be repaired—I saw that same watch in the possession of Carpenter, before the Magistrate, about two months ago.
JOSEPH TURNER . I am a carpenter, and live in London. On 24th April, 1849, I received from my brother Thomas a silver watch, and two others—I took them to Mr. Cragg's, of Northampton-square, Clerkenwell, to be repaired, and delivered them to the foreman, Mr. Botten.
Cross-examined by MR. WOOLLETT Q. How many watches did you take? A. Three—they were all silver.
JOSIAH BOTTEN I am foreman to Mr. Cragg, of Northampton-square, In April, 1849, I received three watches from last witness—I afterwards packed them in a parcel, and sent them by George Cragg to Mr. Low, in the Minories.
Cross-examined by MR. PARNELL Q. How long had you the watches? A. A fortnight—I can swear that the three I received from Turner were the three I sent to Mr. Low—I kept them in an iron safe with a great many others—we keep a book with the number and the description of the watches—that book is not here.
GEORGE CRAGO I am nephew to Mr. Cragg. On 9th or 10th May, 1849, I taw three watches made into a parcel at my uncle's factory—they were for Mr. Turner, of Ditchley—I took them to Mr. Low, of 3, Minories, and gave them to some person there—it was a brown-paper parcel, and addressed, "Mr. Turner, Ditchley."
Cross-examined by MR. PARNELL Q. Who was the person from whom you received it? A. Mr. Botten—I saw him do up the watches—there were three—it was on a Wednesday.
ISAAC FURMER I am manager to Mr. Josiah Low, a clothier, of 3, Minories. I recollect a parcel being brought from Mr. Cragg's on 9th May—it was a brown-paper parcel, not very large—I had seen him that day, and sold him a variety of articles, thirty-three pairs of trowsers, nineteen waist-coats, five jackets, and five coats—those goods were made up into a truss, and the parcel from Mr. Cragg's was enclosed in it—it was directed, "To Mr. Edw. Turner, Ditchley; to be left at the Hassock's station"—Robert Lynch, the porter, took it away to the station.
Cross-examined by MR. PARNELL Q. Did you do up the truss yourself? A. I helped to do it, and the porter—I saw Mr. Cragg's parcel put in; it was a squareish parcel, it had the appearance of a box being inside—our house is not far from Rosemary-lane.
ROBERT LYNCH I assisted in packing a parcel for Mr. Turner, of Ditchley, in May last—I took it to the Dean-street station of the London and Brighton Railway Company—I took my delivery-book with me (producing it), and the person to whom I gave the parcel gave me this acknowledgment. JOHN SMITH On 10th May, 1849, I was in the service of the London,
Brighton, and South-Coast Railway, at their receiving-house, Dean-street, Tooley-street—I produce the receiving-book, in which I take a description of the goods I receive—I find an entry, on 10th May, in my writing, "I truss, Turner, of Ditchley, from Low, Minoriet; 1cwt 7 lbs."—it was sent the same night, by the company's van, to the Bricklayers' Arms station—I find in this book of Lynch's my signature, acknowledging the parcel—this (produced) is the way-bill I sent that day.
EDWARD TURNER I am a draper, of Ditchley (the other Mr. Turner it my brother). I bought some goods of Mr. Low, of the Minories, and ordered them to be sent to me—they did not come—on the same day I purchased some lace, net, and shawls, of Messrs. Bridges, Gresham-street—I marked them with my own mark, and directed them to be sent to Messrs. Hinds, Milk-street, where I was going to buy other articles—I never got them.
Cross-examined by MR. PARNELL Q. Have you any partner? A. No—I looked out the actual goods at Mr. Low's; I did not mark them all; I marked all I bought at Mr. Bridge's.
JOHN BUTCHER I am in the service of Stephen Bridget, of Wood-street. In May, 1849, he carried on business in Gresham-street—Mr. Turner purchased some lace, shawls, and nets of me—they were tent to Messrs. Hinds', Milk-street, by Charles Reynolds, the porter.
Cross-examined by MR. PARNBLL Q. You find something about it in that book? A. Yes; the entry is "Turner, Ditchley."
WILLIAM THOMAS I am packer to Hind, Parker, and Co., of Gresham-street, and was so in 1849—I made up a truss, containing gloves, socks, hose, and braces; it was directed, "E. Turner, Ditchley, Brighton Railway, Hassock's station"—I packed with it a parcel I received from Messrs. Bridges, and took it to the Swan with Two Necks.
Cross-examined by MR. PARNELL Q. Have you any particular recollection of putting into this truss anything which came from Messrs. Bridges? A. I have a memorandum of it, which I have referred to.
ALFRED JINKS I am in the service of Messrs. Chaplin and Home—I produce my receiving-book—I find, by an entry in my own writing, on 10th May, 1849, that I received a truss at the Swan with Two Necks from Messrs. Hinde Parker, and Co., for Turner, of Ditchley—it was sent by Allen, the guard of the South-Coast Railway Company, the same day, to the Bricklayers' Arms station.
Cross-examined by MR. PARNELL Q. Was anything paid upon it? A. Merely the booking—the carriage was not paid, or it would have been inserted in the book. RICHARD ALLEM did not appear
BARNARD HATTRED On 10th May, 1849, I was in the service of the Brighton Railway Company—I received a number of packages from a man named Allen that day—there was one directed to Turner, of Ditchley—I saw my man weigh it; it weighed 2 cwt. 20 lbs.
Cross-examined by MR. O'BRIEN Q. Do you recollect the direction on the other parcels? A. No; it is a considerable time ago—I recollect this one, because I had to answer a report about it next morning from Hassock's-gate—my man weighed the parcels, and I checked them with the bill, and I recollect making an alteration in it—it was placed about the centre of the truck, with three or four others—I did not see it sheeted down; there was another truss for Mr. Turner there.
Cross-examined by MR. PARNELL Q. Did you see the train go off? A. No; the truck was not standing in a corner, it was on the next line to the train which was going off, and within a yard of it
THOMAS PUNNETT . I am employed in the goods' department, Bricklayers' Arms station. On the day in question I loaded a truss directed to Turner, of Ditchley, which came from Dean-street station; it weighed 1 cwt. 7 lbs.—I also loaded in the same truck another truss, which came from the Swan with Two Necks, weighing 2 cwt. 20 lbs.—I saw the truck sheeted down and tied with strings—the train started about eleven o'clock at night.
Cross-examined by MR. PARNELL Q. Did you see it go off? A. No; I saw it all in readiness; nothing had been done to the sheeting then—it would be in the watchman's charge till it started—I last saw it between nine and ten o'clock—there is no one here who saw it later.
JOHN WEST BIGLIN I am station-clerk, at Hassock's-gate Railway Station. Between six and eight o'clock, on the morning of 11th May, I examined the luggage-truck which came from London—I found by the way-bill that there were two trusses short for Mr. Turner.
Cross-examined by MR. PARNELL Q. Did the sheeting appear to have been disturbed? A. No; it was just as usual—it had been there three or four hours when I examined it, the guard was not there then—Hassock's-gate is forty-three miles from town—I had charge of the station.
JOHN CARPENTER (police-sergeant, R 38.) On 15th Feb., in consequence of something, I went with a man named Owen to a house at Marsh-end, Newport Pagnell, Buckinghamshire—I saw a person named Griffin in the house—I searched it—I found a great many articles of all descriptions in the shop, five pairs of boy's braces, seven pairs of men's—they were shown to Mr. Thomas—I found two waistcoats in a box, which were shown to Furmer—on the following Friday I went to William, about two miles and a half from Newport Pagnell, and saw Abbott at a house there—I asked him if be knew George Pearson Barrett, he said he did—I asked him if he had heard he was in trouble—he said, "Yes;" I asked if he had had a letter from him; he said he had—I told him I was an officer, and he need be very careful what answers he made me, as I should have to use them against him in another place—I asked him what goods he had had from Greorge Barrett at different times—he said he had had no goods of him—I asked him if he meant to say he had had nothing from him—he said, "I had a couple of handkerchiefs, and a pair of braces, nothing else,"—I said I must search his house, as there were a great many things that had been stolen by Barrett which had not been found—I asked him if he was not a hawker, and if he did not carry a pack—he said he was not, and he did not carry a pack—I searched a bedroom in his presence, and found in a watch-pocket, at the head of the bed, this watch (produced)— I opened it, turned to Abbott, and said, "This is a stolen watch; it is one of three watches stolen out of a truss of goods"—he said, "My brother William, who is dead, had it of George Barrett;" his sister, who was there, said, "Yes"—he said he was sorry for what he had said to me before about not having more things of Barrett, that he had told me a lie, and if he had known what it was coming to he would not have done it, and that he would tell me all the dealings he had had with him—he mentioned about a dozen persons to whom he had sold goods, and said he would go with me to them, and render me every assistance he could, and he was sorry he had not done so in the first instance; and that he had sold lengths of cloth, tweed, gown-pieces, and some coats to them—he said Barrett was his brother-in-law; that he was not a hawker, for he did not dispose of the things, he did not take them
until he had got an order for them—I asked him if he bad got any license for hawking; he said no, and he never had one—he said the first thing he ever had of Barrett was about two years ago, a box of drapery; and he bad continued to have things from him until the present time, but not so much lately as he had done before, and if be had known how he came by the goods, he should have had nothing to do with them—I showed him eight pairs of braces which I bad from Mr. Sykes, a tailor, of Newport Pagnell, who said he had made up several pieces of cloth for him and his two brothers-in-law—he said, "These are part of a dozen of braces which I had of George Barrett"—on 25th March I went to Enoch Barrett, Gilbert-street, Deptford—I saw his wife, and then found him in his bedroom getting up—I told him the affair of his brother had become very serious, and I had come again to search his house, and he must consider himself in custody, and must be careful what answers he gave, as I should have to use them against him—he turned to his wife and said, "We had better tell the whole truth about this affair"—I searched the bedroom, and found these braces and this waistcoat in his clothes-box—in his jacket pocket I found four whistles, of different notes—on 24th Feb., Abbott was brought to the Greenwich Police-station—he was in there, in George Barrett's presence—he said, "I am brought here about that watch my brother William bad of you"—Barrett said, "There is nothing wrong about that, I know"—I said, "Yes; he is brought here about a watch, and this is it"—producing it to him—he said, "This watch is all right, for I bought it of a man at the corner of Rosemary-lane, more than two years ago" I said it was stolen, and belonged to Mr. Turner, of Ditch ley—he said, "I don't believe it—I know it is nothing of the sort; I bought it honestly"—I said, "Do you know the person you bought it of?"—he said, "No; it is more than two years ago"—I opened it, and showed it to him—he said, "Yes; that is the watch"—I said, "It was stolen out of a truss of goods that were sent to the Brighton Railway"—I found in George Barrett's house these three pieces of what has been a guard—it is of the same material as this guard on the watch, also some, wrappers, such as are used for packing trusses,—one of them has on it, "Mr. Barrett, Abbey-end, Newport Pagnell, Buckinghamshire "—in Enoch Barrett's bedroom I found a piece of cloth, and a piece of white lace, which were spoken to by Mr. Butcher—also in a cupboard, in the back kitchen, this rope, which is one of the sheet-cords attached to the trains.
Cross-examined by MR. PARNELL Q. You give it as your judgment that these two pieces of guard correspond? A. Yes; that they formerly were one guard—this is not now as long as ladies use their guards—I found six dozen of braces at George Barrett's—Mr. Thomas only speaks to some of them—his wife kept a little hosiery shop—nobody knew what he was—there were three or four second-hand gowns in the shop.
Cross-examined by MR. O'BRIEN. Q. Was not what Enoch said, "We had better tell the truth about the things we had of George?"—A. He said that afterwards, and the wife directly said she had them for his board and lodging—the things were all of a heap, and the two pairs of braces, and the waistcoat with them—and he said, "These are what George brought."
Cross-examined by MR. WOOLLBTT Q. Did you take down the conversation in writing? A. I made a few little memorandums—I have not got them with me—when I first asked him whether he had had any goods of George Barrett, he said he had had none—I asked him a second time, he then hesitated a moment, and said he had had two or three little things—I saw Abbott's two sisters at the house, and his father, who is the parish-clerk and
post-master—I cannot say whether I found the watch in the room of one of the sisters; there were women's dresses in all the rooms up-stairs—I took a pair of women's boots from under the bed—I inquired, and found Abbott to be a very good character—the Magistrate, who is the minister of William, said he was never so surprised in his life—William is fifty-eight miles from here.
JAMES PEDDER I am porter, at the Hassock's station. I was not there when the train came in on the morning of the 11th—I went there about a quarter-past six—I then went to look over the goods, to check them off according to the invoices; after doing that, I had charge of the truck.
Cross-examined by MR. PARNELL Q. Did you do it at the same time as Mr. Biglin? A. Before, somewhere about the same time.
Cross-examined by MR. O'BRIEN Q. Was there more than one truck left there that morning? A. No; I cannot say how many trusses there were in the truck—I removed the sheeting before Mr. Biglin came up—it was only on examining the contents of it that I discovered anything missing—the sheeting and everything was all regular.
COURT Q. When you examined it, was the cord of the truck cut? A. No.
MATTHEW OWEN I am inspector of police, in the service of the South-Eastern Railway Company. In Feb. last I went to Newport Pagnell, and took Carpenter with me—I assisted in searching the house at Marsh-end—I saw Mrs. Griffin there—on a drawer at that house I found this card, with a portion of lace on it—I also found a box belonging to Pearson, of Canterbury, and some things relating to a robbery committed at Hailing Pearce and Stones—I found two or three skeleton-keys in a box—I have not got them here.
Cross-examined by MR. PARNELL Q. How long had George Barrett been in custody when that card was found? A. I cannot say exactly, perhaps a few days; I think not a fortnight or three weeks.
Cross-examined by MR. WOOLLETT Q. Were you present at the conversation with Abbott? A., Yes; he at first said he had bad no dealings with George Barrett, he subsequently said he had had two or three little things.
HANNAH GRIFFIN I am the wife of Samuel Griffin. I know George Pearson Barrett—I know the house the constable searched, at Marsh-end—he had never occupied the house, his wife occupied it—I have not seen George Barrett there—he lived at Abbey-end, but was moving to Marsh-end—his goods were moved.
Cross-examined by MR. PARNELL Q. How long had he and Mrs. Barrett been living at this place? A. I do not know how long, about a year and a half—he kept a little shop for the sale of second-hand clothes, hosiery, and goods of that description—his friends and relations have always lived there—it is his native place—some of his relations are living there now—I am sure that George Barrett had never been in the house where the card was found—as far as I know, he has conducted himself respectably—he lived there before, and I lived next-door to him for some time.
WILLIAM ACTON I am superintendent of police, in the service of the London, Brighton, and South-coast Railway Company. Enoch Barrett was in their service, as switchman and signal-man—he was so in May, 1849—he had been for a long time performing his duty at a junction from the Bricklayers' Arms station to the main line—in that position he would have the power of stopping the goods-train at any time he thought right—it would be his duty to see that the line was clear—he would stop a train in the night by
putting on a red light, and by a red flag in the daytime—goods-trains travel at night—George Barrett is the brother of Enoch—he was also in the Company's employment—he was so part of May, but not the whole of it—I cannot say whether he was about the 9th or 10th; he was at the beginning and latter part.
Cross-examined by MR. O'BRIEN Q. How long has Enoch Barrett been in the Company's employ? A. I have known him there about five years, but he has been longer than that—he had received a gratuity from the Company for good conduct, in Jan. last—it would be necessary for him to be at his post, at the switches, when the train was coming out—his hands would be employed, and his feet also—there is a guard to the goods-trains, an engine-driver, and a fireman—I cannot tell who was the guard on that night—I have endeavoured to ascertain, but could not—there is not more than one switchman on duty at the same time at that place—a person named George Wood was the other—he is now employed on another part of the line—I cannot say that he was not switchman at that time—if a train is delayed for any considerable time, the guard would have to make a report to the station-master—the guard would never leave the train he has charge of—his seat is in the last carriage—he could not command a view of the whole train—I do not know the number of carriages that were in the train that night—I never knew of a goods-train with so little as three carriages, or even ten or twenty—the reports were made verbally; they could be made to the head manager, Mr. Hawkins—I heard of the loss of this parcel immediately afterwards—I do not know that any inquiry was made at to who was the guard on the train that night—the first inquiry was in the hands of Carpenter; it did not come into my hands till 13th Feb. this year.
Cross-examined by MR. WOOLIETT Q. You were before the Magistrate? A. Yes; Abbott was let out on bail—I was examined on the last trial—Abbott was then allowed to go out on his own recognizance.
MR. CLARKSON Q. The goods-trains generally consist of a vast number of carriages, do they not? A. Yes, they are very heavy trains—it would be easy while one man stopped the train, for another to take a parcel out—that train sometimes stops at Hay ward's-heath, when it has goods for there—if there were no goods for Hayward's-heath, it would go right through—there is another short train, which takes the intermediate stations.
MR. PARNELL Q. How long would it take to undo the tarpaulin, remove a truss weighing a hundredweight, and re-place the tarpaulin? A. I think it might be done in two minutes—I think I could do it in less time—there is nothing in the way—the string is cut, the corner of the sheet thrown up, and it is out in an instant—they do not stop to untie it often—we have had a great many cuts.
THOMAS PUNNETT re-examined The truck might be left halt-an-hour, or not so long, after it was fastened up, before the trains started, as soon as they could get the carriages on—I packed the train that night, between nine and ten o'clock—it would leave the station about a quarter before eleven—it would remain a very few minutes in the siding, because the engine would go in, and bring it out at once—there were, I should say, about forty or fifty trucks that night—50l. was about twenty from the engine.
Cross-examined by MR. O'BRIEN Q. Have you any recollection of the train that night? A. No; I cannot say how many trucks there were—I cannot say who was the guard—there were two or three, one to each train—I cannot say whether there were one or two that night—the sheeting was put on by two men, between nine and ten o'clock—I did not see it after that, till it
went—there were not a number of men about, only me and Bloxam—other trucks were sheeted—the two men left as soon as they had sheeted the trucks; I cannot say what time that was—a man named Copeling had charge of them till they left—he had a horse to run them out of the siding—he is now at the Bricklayers' Arms.
Cross-examined by MR. PARNBLL Q. What is the furthest point to which this train goes? A. To Hastings and Portsmouth; the Hassock's-gate station would probably be the first at which it would stop—those that stop first are placed next the engine, and then detached.
Cross-examined by MR. PARNELL Q. Is there anything particular by which you know it? A. There is a very particular mark in the dial-plate, and the initials "F. R." on the back—when it was shown to me, I looked at that to ascertain that it was my watch—it is rather a particular make, and I know it by its general appearance—I have not the least doubt it is mine.
ISAAC FURMER re-examined These three waistcoats, produced by Carpenter, are the manufacture of Mr. Low—two of them have "Newport Pagnell" marked on them—I have no doubt these are a portion of the waist-coats which I sold to Mr. Turner in May—this buff-quilting waistcoat, found at Enoch Barrett's, is the same description as those I sold—I have no doubt this is the jacket I sold Mr. Turner, there is a peculiar make about it—we make a great many.
Cross-examined by MR. O'BRIEN Q., In May or June, 1849, can you say how many of this description of waistcoats might have left Mr. Low's shop? A. I cannot; we never had two dozen at any time—there is one in stock now—this might have been sold out of the shop, I do not say it was not.
Cross-examined by MR. PARNELL Q. Do you mean to say, this is an uncommon pattern (those found at George Barrett's)? A. No; we have not made thousands of them—one piece would make about three dozen—we have not had above three dozen of that pattern—I have a distinct recollection of the pattern, and have no doubt that some of that pattern were included in Mr. Turner's parcel—I do not undertake to swear positively that it was made at Mr. Low's, but to the best of my belief it was, from the peculiarity of the make and cut—there is no private mark.
MR. HUDDLESTON Q. In the waistcoats you sold to Mr. Turner, were there three of these patterns? A. I have no doubt there were similar patterns and similar pieces.
EDWARD TURNER re-examined Here is my private mark on this card—it it in pencil—I made it at the time I purchased it from Mr. Bridges—it is my general practice to do so, and I have no doubt I did so then—I am quite sure this mark was made by me—it is a mark of what the article costs—I only bought one other parcel, and that I did not mark.
JOHN BUTCHER re-examined The figure "3" on this card of lace is my writing—I see the joiner's mark, "five dozen"—I am sure that card came from our warehouse; I have got the journal here—I find, that on 9th May I sold Mr. Turner some Paris whisker, No. 3, at 12 1/2 d.—this is the same kind of lace that I sold him on that occasion—I also sold him floss fine quilting of this description—I also sold him a nine eight bobbin net of this description—this was found at Enoch Barrett's—I am sure I sold to Mr. Turner goods of this description.
but I packed them—a dozen pairs of boys braces were sent, of the same quality and description as these three pairs produced—these mens cotton braces are of the same quality as were sent to Mr. Turner's—I sent articles of these three descriptions in the same parcel on 9th May—they are of a very common description.
MR. PARNELL submitted, that there was no proof of the offence having been committed within the jurisdiction of this Court. The RECORDER was of opinion, that unless the Jury thought the goods were stolen at the point of junction where Enoch Barrett had charge of the line, the Indictment could not be supported,
JOHN CARPENTER re-examined The junction is about a mile and a btlf from the Bricklayers' Arms, in the parish of St. Paul, Deptford, on this side of the Grand Junction Canal—I know the bounds of the parish, I have walked over them once or twice.
GEORGE PEARSON BARRETT
ENOCH PEARSON BARRETT
Transported for Ten Years.
ROBERT ABBOTT (Recommended to mercy— Confined Four Months.).
GUILTY of receiving, and witness the juriesdiction of this Court.
A reward of Five Guineas was ordered to be paid to Carpenter.
Before Mr. Baron Alderson
1220. JOHN HOLLIS , feloniously assaulting Thomas Purver, and cutting and wounding him on the head, with intent to do him grievous bodily harm: 2nd COUNT—With intent to resist and prevent his lawful apprehension and detainer.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS PURVER (policeman, M 121). On Sunday, 6th April, I was on duty in Tooley-street. Between five and six o'clock, I saw some persons come out of a beer-shop—two of them, Lynch and Walsh, commenced fighting—I went up to them, and persuaded them to go away, and be quiet—Lynch said, "If you come near me, I will break your b y jaw"—I went towards him, and he struck me a violent blow on the left jaw with his fist, which staggered me—I then took him into custody, when he kicked at my privates, but caught my thigh; 141, Congdon, then came up to my assistance, and I took hold of Lynch on one side of his collar, and Congdon on the other, and tried to get him to the station—the prisoner came up while this was going on, stood in a fighting position, with his right hand clenched and bent towards roe, and said, "Loose him, loose him! will you?"—he then struck me with his fist under the right ear, which staggered me to the ground, and caused me to lose my hold of Lynch—when I got up again, I found the prisoner in Congdon's custody—I went to assist him, and the prisoner struck me several foul blows with his fist in the pit of the stomach—he then took hold of Congdon's staff, and tried to take it from him, but did not succeed; he then tried, several times, to take my staff away—we conveyed him a little further, under the railway-arch, when Congdon received a brick or stone, which struck him in the back of the head, and knocked him senseless on the ground—I still had hold of the prisoner; I was then so disabled in my arms, that I could not hold my staff, and a brick caught me on the left arm from some person, which caused me to release the prisoner—he then took hold of my staff with both his hands, twisted it out of my possession, and hit me several blows with it over the head and neck, which caused my hat to come off—I then said, "Don't hit me over the head"—he said, "You b—r, I will kill you;" and he struck me over the left side of the head, which caused a wound, and knocked me senseless to the ground—I remember no more till I was taken to the hospital.
Prisoner, I was drank, and did not know what I was doing. Witness. He was not drunk.
ROBERT LOCK (policeman, A 741). I was in Tooley-street on this Sunday. I saw the prisoner in the custody of the officers—I saw him take Purver's staff from him, and strike him with it over the bare head—he fell to the ground senseless, and was taken to the hospital.
FREDERICK WILLIAM PAVY . I was house-surgeon at Guy's Hospital on Sunday, 6th April, when Purver was brought in. He was in an insensible state, and bleeding profusely from the head—I found a lacerated scalp-wound on the top of the head, about an inch or an inch and a half long, and nearly to the bone—he was labouring under concussion—I thought him in slight danger while he remained in that state, which was two or three hours—there were also several contusions about the head; he was under my care till the Monday week, and I afterwards saw him, as an out-patient, for a week or ten days—I believe he is quite recovered now—he is still labouring under slight nervous depression.
Prisoner. Q. Was it done with a staff or stone? A. I should certainly think with a staff.
GUILTY . Aged 25.— Transported for Ten Years.
Before Mr. Justice Talfourd.
1221. MICHAEL WALSH, JOHN LYNCH, BARTHOLOMEW COGHLAN, PATRICK COLLINS , and MARGARET HART , feloniously assaulting Samuel Congdon, and cutting and wounding him, with intent to do him some grievous bodily harm.—2nd COUNT: with intent to prevent the lawful apprehension and detainer of John Hollis.
MESSRS. BODKIN and CLERK conducted the Prosecution.
SAMUEL CONGDON (policeman, M 141). On Sunday evening, 6th April, about six o'clock, I was on duty at the end of Bermondsey-street, and saw some persons, among whom were the prisoners Walsh and Lynch, turned out of the Marquis of Waterford beer-shop there—Walsh and Lynch immediately began fighting, and Lynch was taken into custody by Purver—I went up to Walsh, took him by the collar, and said unless he went away quietly, I should be obliged to take him up—I believe he then went away—I assisted Purver in taking Lynch to the station, and when we got to the railway-arch, other persons came round us—I saw Coghlan there, who said, "I would not go with the b s; make the b—s get a cab"—that appeared to be addressed to Lynch; he said it loud enough to be heard at a great distance—a person named Hollis came up, struck Purver, and knocked him down—I made my way through the crowd, and took him into custody; Purver came to my assistance, and after that we were taking Hollis to the station, and when we got near the Adam and Eve public-house, Hollis snatched my staff out of my hand, but I got it back directly; stones and bricks then began to fly in all directions; I was struck once to my knowledge at the back-part of the head; it knocked me down insensible, and I believe I was carried to the hospital—I was insensible till ten o'clock—I cannot speak to any one of the prisoners besides Coghlan, Lynch, and Walsh—I had received blows before the one that knocked me down.
Cross-examined by MR. WORSLEY. Q. Was this before or after six? A. About six; I did not pay any particular attention to the time—it was later than half-past five—I should think there were two or three hundred persons.
Cross-examined by MR. ROBINSON. Q. It was a great crowd? A. Yes; I was a little excited—the first time I saw Coghlan again was when he was
in custody, a week after—I had seen him before, and knew his person by sight—he was under my observation in the crowd about ten minutes.
Walsh. Q. Did you see me after you told me to go home? A. No; you told me you did not wish to be locked up, and you would go away—I did not see you take any child in your arms—you went away quietly as far as I saw.
MR. BODKIN. Q. Was Lynch in custody at the time the bricks were thrown? A. I believe he was—I saw Coghlan, from time to time, for about ten minutes—I am quite sure he was there—there was nothing to attract the crowd, except the taking away of Lynch—I don't know who threw the brick that made me senseless—I received a blow across my back with a staff or stick. THOMAS PURVER (policeman, M 121). I was on duty on 6th April, and remember a number of people being collected, as we were taking Lynch and Hollis, I recognise Coghlan and Collins as being there—Coghlan was under the railway-arch—there were some stones or bricks thrown there, but they were close to me; they did not throw them there—I saw Collins rush at Hollis, and likewise Lynch, previously, and he took hold of Lynch by the coat-collar, and I said, "You keep away, young fellow, I shall mark you"—and he then went away—Lynch was then in custody—I have been an out-patient at the hospital.
Cross-examined by MR. WORSLEY. Q. When was Collins taken? A. About a fortnight after.
JAMES WELLS . I am beadle, of St. George-the-Martyr, Southwark. On 6th April, about twenty-five minutes to six, I saw the fight going on between Lynch and Walsh, and afterwards saw Lynch and Hollis in custody—the mob surrounded them, and endeavoured to get Hollis away—when they got a little farther up, by the railway-arch, brickbats of all descriptions followed—I saw Collins throw's brick, which struck Congdon on the back of his head—I was not above three-quarters of a yard from Collins at the time—I saw Coghlan heave a granite stone, one of the road stones, that went just past 141, and hit the shutters—I saw Coghlan in custody, at about half-past eight that evening—Lynch and Hollis were in custody at the time the stones were thrown.
Cross-examined by MR. ROBINSON. Q. How near were you to Coghlan when the stone was thrown? A. Close to him, nearly touching his shoulder, about three-quarters of a yard off—there were a great number of people there—Coghlao was about a dozen yards from Congdon—there were a great number of stones thrown—I had never said that I am not partial to Irishmen—I never had a quarrel with one.
Cross-examined by MR. WORSLST. Q. When did you see Collins in custody? A. On 21st April, I think, at the station—I had not seen him before, since this occurrence—I do not know that be has a brother, I know his sister—I was not in the mob, I stood outside—stones came in all directions—I knew Collins before.
MARGARET WILLIS . I am a widow, and live at 19, Fen Burch-street. On this Sunday I was passing along Bermondsey-street, and saw Hollis in the act of striking the policeman in the back of the neck with his fist, and I saw him strike him twice with a stick across his shoulders, and there were bricks being thrown at the policeman—I saw Walsh throw a piece of sharp paving-stone, and there were other stones thrown at the same time—one of the stones struck the policeman 141 on the back of his head, and he fell to the ground—at the same time they were all swearing together, and Walsh was bleeding in the face—I saw the female prisoner pick a brick up from under
the arch, throw it, and it struck Purver over the shoulder; and I heard her say, "There you b r, take that."
Cross-examined by MR. ROBINSON. Q. How long were you there? A. Five or six minutes—the mob was so great I could not pass, and I was talking to one or two persons, looking on—stones were flying in all directions—a brick struck my foot—I might be there ten minutes altogether—I am an entire stranger to all the parties—I was frightened, but not so much, as not to know what I saw—I did not feel it safe to pass through the mob, but I could have got away if I had liked—the brick that struck the policeman struck me by accident on the side of the foot—there were only the men who were fighting between me and the woman who threw the brick—there was also another woman with a child in her arms—I swear this is the woman who threw the brick—I did not see her again till I was at the police-office, and then I saw her drinking with some others, and pointed her out to the officer—I did not say I knew her by her bonnet—I knew her by her shawl, and by her face—I took particular notice of her—I knew her dress again—I dare say I should have recognised her features again without any reference to her dress—I swear she is the woman.
Walsh. After 141 told me to go home, I went straight home; if she saw me throw the stone, she would have appeared on the Monday following. Witness. It was by mere accident I appeared—I was passing over London-bridge six or seven days afterwards, and I stopped an officer, and asked how the poor men Were that were injured—they asked me what I saw, and I described the persons—I live at 19 1/2, Fenchurch-street—that is not next to 19, but on the other side of the way—I am a dress-maker, and lodge there—Mrs. Hawkins keeps the house. WILLIAM HUNT (policeman, M 247). On this Sunday afternoon I was going towards where this assault was committed, and about 400 yards met Walsh, who was walking fast, I saw blood running from his nose and mouth—I let him pass me, and went to the railway-station—in about twenty minutes I went back to where the mob was—there was a great mob, but no disturbance at all.
Walsh. I was on my way home from the beer-shop to Morgan's-lane, where I live. Witness. I do not know where he lives.
ROBERT TWOCOCK . I am a waterman. I saw part of this disturbance, and was there when the bricks were thrown—I saw Collins chuck a stone which struck Congdon on the head—I do not speak to any other of the prisoners—I assisted in taking Purver to the hospital.
Cross-examined by MR. WORSLEY. Q. About what time did the disturbance take place? A. Between six or seven o'clock—it might have been a little sooner or later—it was about that, half-past five, or it might have been a little later—there was a great mob, and stones and bricks flying in all directions—there was a great noise, and a good deal of running about and confusion—I believe Collins has a brother, but I do not know his name—I have never said that I was doubtful which one it was—I have not been to his mother's since this disturbance—I have sent once, not to say that it was the prisoner's brother, and not this one; I sent to see whether this one was at home when the police were after him—I believe he was taken at home—I did not send to tell Jeremiah Collins, the prisoner's brother, that he was to come to the station, because he was in the row, and that Patrick would get free.
MR. BODKIN. Q. Who was it you sent? A. A person they call Tubby—the police had been to my house three or four times before—I told them what I knew of the matter—the police knew that I sent Tubby to Collin's
—the policeman I communicated with, they call Mickey and Curley— he is not here to-day—Tubby came back and said he was not at home, and soon after they went and found him—I never expressed any doubt to any one as to whether it was this Collins or his brother.
JOSHUA GOLDEN (policeman, M.) I received information, and on the Tuesday took Walsh at his house, 20, Magdalen-court, Tooley-street—I told him he was charged with being concerned with others in assaulting the police on 6th April—he said, "If you take me, you must take two others," mentioning the names of Tom Walsh and Hennesey.
FREDERICK WILLIAM PAVY . I am house-surgeon, at Guy's Hospital. Congdon was brought there about six o'clock on the Sunday evening—he was in a complete state of insensibility, supported on men's shoulders—he could not walk—he was bleeding profusely from a wound at the back of the head—the skin was divided, and the wound went completely to the bone—there were also several contusions about the head, the result of other blows—the wound I have described was decidedly such as might have been inflicted by a brick thrown by force—he was under my care in the hospital about a week, and I attended him about a fortnight—he remained quite insensible about forty-six hours, and slightly incoherent for the next two or three days—I did not consider his life out of danger fur two or three days—he was much more severely injured than Purver.
Walsh in his defence repeated his former statement that he went home on being spoken to by the policeman, and never returned to the spot. (The following witnesses were called for the Defence,)
TIMOTHY DRISCOL . I live in Tooley-street, and know Collins. On the evening of 5th April, I was sitting having a game of cards at a private house in Vine-yard, and saw the prisoner Collins there, about half-past five o'clock and until six—I was there from two till six—Collins was there till six.
Cross-examined by MR. BODKIN. Q. What day of the week was it? A. Sunday; I am sure it was 5th April—the constable told me so on the Monday—I cannot read or write—I have known Collins five years—he works at Beale's wharf—I work for Messrs. Brander and Curtis, of Horsleydown—I do not know whether Collins is an Irishman—I have not worked with him, or been in public-houses with him above once—a man named Kelly keeps this house in Vine-yard—there were eight or nine persons there besides Collines and me—my brother and Carney were two of them—I had been there from two o'clock, not playing at cards all the time—there were five or six playing at cards—one was named Harragan, another Draeey, and Carney, and one or two more—my brother did not play at cards—I played a game called "Forty-five," for a drop of porter—it is five for a lift, or ten for the best trump—six can play at it—each one has five cards—I was only learning the game—we got the beer at the Vine—I did not go to the Vine all day—Carney, Driscoll, the prisoner Collins, and me, all went to this house together—we only found Kelly there—he is not here to-day—we went away at something after six—there was no clock—I guess about the time—we all four left together—I went home; I cannot say where the other three went to—the place where the police were beaten, is about a quarter of a mile from there—about half an hour after, when I was at supper, I heard there were two police gone to the hospital.
Cross-examined by MR. BODKIN. Q. Was your brother there? A. Yes;
he left with me—I went home—we left all the other people there playing at cards—I am sure Collins did not come out with us.
JAMES CARNEY . Patrick Collins was in my company, at my place, 16, Unicorn-place, Tooley-street, on '6th April, from two to six o'clock—we call it Unicorn-square Vineyard—he was playing at cards part of the time—I have known him about eight years—he has always been a peaceable lad—I never knew him do anything wrong.
Cross-examined. Q. How long have you kept this house? A. Nearly two years—I let part of it in lodgings—Collins did not lodge with me—he was there this day from two till six—I have no clock, but there is one next door, and I looked at the time as soon as he came in, from my door—I was standing there when he came in—I did not go out and look at the clock when he went away, but I know it was after six—Timothy Driscoll was there when he came, and Jeremiah Driscoll, and my wife and children—the Driscolls were there playing at cards, and Collins joined them—they all left together between four and half-past—I heard from the neighbours that there had been an attack on the police—they all four came at nearly the same time—the Driscolls and Collins came in together—they passed me while I was looking at the clock—the clock is in the bottom room, next door, against the wall, facing the door—I saw it through the open door—I cannot tell whether there was any one there—we played at "45" for halfpence, we each had five cards—six can play at it—the two Driscolls Collins, and I played on this day—there were a good many others looking on, but no one else playing.
MR. WORSLEY. Q. Are you a Roman Catholic? A. Yes, and I have heard that Collins is.
JOHN HILL . I keep a general shop at Eltham-place, Kent-street, which if about a mile and a half, or three-quarters from Tooley-street. I know Hart—on this Sunday evening, about a quarter to six o'clock, she was in my shop for seven or eight minutes—she told me she had been ill all the day, and she looked ill—I served her with three half-quartern loaves, and a penny-worth of oatmeal—she told me her husband was going into the country next day, and had nothing to take with him—she has a lodger named Henning, who is outside.
Cross-examined. Q. Was Henning in your shop with her? No; she was with a Mrs. Cocklin, who lives in Paul's-yard—she is ill, and not here—I first heard that Hart was charged with this on the 16th, I think, or about that; it was on the Monday week after—she was then committed for trial—I have a pretty good custom at my shop—I have been there five years—I believe it was her husband came to me ten days after the occurrence, and I then remembered that she had had these things—she did not pay me for them—I did not put it down in a book—she owed me money before, and that is in the book—I have trusted her sometimes 6d. and 1s., and she has paid on the Saturday night—I have not got my book here—I have not been acting as attorney in this case—I gave the name of the witnesses to character to Mr. Robinson—I gave a paper to Mr. Robinson's clerk, which I wrote myself, stating the witnesses to character, and the different things I thought necessary, and the defence that was to be set up—I never acted for the defence of prisoners before—I was here last January to prosecute a man named Lawrence, for conspiring to rob me, that is the only time I have been in a court.
BRIDGET HETHERINGTON . I know Hart; I lodged in the same room with her, and she has lived in the house five or six years—on 6th April, she was in-doors with me, very ill, and did not leave my presence till between five and six o'clock, when she went to Mr. Hill's, and was back in ten minutes or a quarter of an hour—she had been ill all the week.
PATRICK HAYES . I know Hart—on 6th April, between five and six o'clock, I saw her coming out of Mr. Hill's shop, and I went with her to her house, and stopped there till between seven and eight—she was not above ten minutes or a quarter of an hour gone to Hill's—she did not look to be well—she lives in Hunter-street, Paul's-yard.
Cross-examined. Q. How far is that from Hill's? A. Not above five minutes walk; it is a mile or a mile and a half from Tooley-street—I merely went there as a neighbour, and stayed an hour or two—she brought some bread from Mr. Hill's, but I cannot say how many loaves—her husband was at home, he works for Mr. Paul, in the Borough—I work there too—her husband was there next day, and the day after.
CATHERINE HAYES . I know Mrs. Hart—on the Sunday this row was, I saw her at home very ill, at half-past two o'clock; and I saw her between five and six, coming from the shop with the bread in her apron.
Cross-examined. Q. What did she bring back from the shop? A. I only saw the bread—her husband was at home—I saw him in bed, between eight and nine o'clock—her husband was at work next day, but came home to sleep.
Cross-examined. Q. Did you see her go out? A. Yes; she was gone ten minutes or a quarter of an hour—she brought back some bread, and I think some oatmeal. (Hart and Coghlan received good characters,)
COGHLAN— GUILTY . Aged 27.— Confined Twelve Months.
COLLINS— GUILTY . Aged 17.— Confined Eighteen Months.
WALSH, LYNCH, and HART— NOT GUILTY .
GUILTY . Aged 29.— Confined Six Months,
(There was another indictment against Michael Walsh and Margaret Hart, for a like offence, upon which no evidence was offered.)
Before Mr. Common Serjeant,
JAMES SELDAN . I am an ironmonger, at Richmond; the prisoner was in my employ, as a labourer, for six or seven months. On 30th April I went to my workshop a little after five o'clock—the prisoner was there—I sent him to the nail-warehouse, to clean a pair of boots for me—I went there shortly afterwards, and saw the prisoner at the nail-shelves—I passed through into the yard, called him, and asked what he was doing at the nail-shelves—I do not remember that he said anything, but I took hold of his jacket, and found this parcel of nails under his jacket—here is my writing on it—the prisoner had no authority to take them—I gave him into custody.
STEPHEN CREED (policeman, V 200). I took the prisoner—I told him it was on' a charge of stealing two pounds and a half of nails of his master—he said, "Very well;" he could not think what induced him to do it—I took him to the station.
GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined Two Months.
THOMAS BURGESS (policeman, V 247). On 2nd May, about half-past eight o'clock in the evening, I was on duty in plain clothes in George-street, Richmond—I saw Newman pass along at a quick pace towards London, with a bundle—I overtook him at the railroad-bridge, and asked him what he was in such a hurry for—he said he was going to Turnham-green—I told him I was a policeman, and I wished to know what was in the bundle—he said, "Some dirty linen"—I asked what sort of linen—he said he did not know—I told him to open it—he opened one half of the bundle, and instead of showing me linen he showed me part of a gown—I told him to undo the rest of the bundle—he refused—I took the bundle, and told him if he would not untie it he should take it to the station—he would not—he said if he must go to the station I should carry the bundle—at the station I opened the bundle, and found in it some bread and meat, some soap, a gown, an apron, and some tart—I asked him how he came by them—he said he got them up the town, but he would not tell me where—I went and made inquiry—I found the other prisoner, and took her into custody—I went to her master's house, and asked if such a person lived there, and Heath came forward—I asked her if Thomas Newman had called at the house—she said, "Yes," he bad called that afternoon—I asked her if she gave him anything—she said, "Yes," she gave him this bundle, with some victuals, and what was in it—she wanted to see her mistress; and she said, "Oh pray, policeman, you are not going to lock me up?"—she saw her mistress, and she fell on her knees, and clasped her hands together, and said, "Pray, forgive me!"
Cross-examined by MR. PAYNE. Q. Have you found that the gown and apron do not belong to Mrs. Power? A. Yes; I found on Newman t silver watch, nine shillings, and one penny three-farthings—I found one shilling and fourpence-halfpenny on Heath—I found the prosecutor from inquiry of the person who is in the habit of taking letters round.
ELIZABETH HANSELL . I am servant to Mr. John Power, of Richmond-green—Heath was cook there for one month—I do not know any of these things but the table-napkin, which I know by the mark—on Friday evening, 2nd May, I saw Heath give Newman a bundle tied in a blue handkerchief similar to this—that was between eight and nine o'clock—they were then in the kitchen—I saw Newman leave the kitchen with the bundle—Heath had not occasion to send her washing out; her washing goes out with Mrs. Power's—I did not hear anything said about washing.
Cross-examined. Q. This gown and apron belong to Heath? A. Yes; I know Mr. Power goes by the name of John—I have heard him called Mr. John Power—he is a stock-broker—I do not know that Heath had sent her gown and apron to wash—I had seen Newman once before at Mr. Power's—Heath gave him this bundle in my presence—this napkin I know to be my mistress's; it has the mark on it.
NOT GUILTY .
GUILTY . Aged 23.— Confined Twelve Months.
Before Mr. Recorder.
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
ALFRED THOMAS LANGFORD (Thames-police constable, 66). On Thursday, 24th April, about twelve o'clock, I met the prisoner in the Broadway, Rotherhithe, with a bag on his shoulder—I asked what it contained—he said iron, which he had picked up out of the mud at Mr. Hogarth's wharf—I asked him what he was going to do with it—he said to sell it—I took bin into custody, and went to Mr. Hogarth's wharf—I compared the iron with iron that was on the wharf, and it appeared to correspond—when I look it out of the bag it did not appear to be muddy.
Prisoner. Q. Was not the bag wet? A. Yes, hot not muddy.
JOHN BROOK HOGARTH . I am son and clerk to the prosecutor, Mr. John Hogarth; he is an iron-merchant, at Thames Tunnel Wharf—we bad iron of this description on our wharf, which we weighed, and found deficient—there was 1 cwt. 11 lbs. found on the prisoner, but we were more than that deficient—this is worth 5s. per cwt—from the position in which it was stacked it could not have tumbled into the mud—it had been removed, is consequence of the palings in front of our wharf being damaged—I think persons might have got to our wharf—this is the same sort of iron as ours; it is marked "Blenarvon"—I have not the least doubt that it is my father's
Prisoner's Defence. I picked the iron up in the mud; I told the policeman where I got it; I was not aware I was doing wrong.
GUILTY . Aged 30.— Confined Six Months.
1228. JOHN KENNETT , stealing 560lbs. weight of iron, value 15s. 6d. from a wharf adjacent to a navigable river: and JOHN COX , feloniously receiving the same. MR. BALLANTINE conducted the Prosecution.
JOHN BROOK HOGARTH . I am the son and clerk of John Hogarth. Amongst the consignments of iron we have at our wharf, we have same—Blenarvon and some Coltness iron—there is no other place within two miles and a half of our house to which Coltness iron is consigned—it comes in ships from the works, and comes to our wharf in barges—after it is stacked it cannot of itself fall into the water—we had several cargoes of Coltness iron landed lately, and from two or three of them we found a deficiency—as we were landing it we weighed it, and when the whole was landed we found a deficiency between the quantity consigned to us and that we received—the barge does not generally lie off our wharf more than half a dozen hours before the iron is landed—it may lie one day—we knew of this iron being landed, and we missed some, according to the bill of lading—we missed some of the Blenarvon iron after it was stacked, but not of the Coltness iron—I should think the Coltness iron must have been taken from the barge or from the wharf—it had been all landed before we weighed it—we landed 200 or 300 tons, and it might have been a week before it was weighed—during that time it was lying in a loose state—it could not have tumbled into the water—a week or ten days previous to Kennett's being apprehended I went to Cox's shop, in the Broadway, Rotherhithe, 400 or 500 yards from our wharf—it is more properly a long shed—it contains rope, and rags, and iron—I was passing by the door, and I saw a quantity of pig-iron, which I knew a person carrying on the business that he does not deal in—it is iron from the mine, which has never been worked—anybody cat tell that this is unwrought iron—it is cast in the mining in pigs, and brought here in pigs, and then put into the furnace and melted—I went into the shop—Cox was engaged with a customer—I walked round, and I said, "Mr. Cox, I believe we have been
robbed of this pig-iron"—he said, "Stop a minute; I will speak to you"—I said I was in haste, I could not stop; I would call again—I told him not to sell it till he saw me again—he knew me—we used to buy old iron of him—he knew the character of the iron—he has been frequently on our wharf—I then left him—after Eennett was taken, I went to Cox's again with the policeman—I asked Cox what he had done with the pig-iron I had seen preBlenarvon in the shop—he said he had sold it—I asked him where he had sold it—he said he did not know that he was obliged to tell me; it was very unpleasant for him to tell me who his customers were—I had an officer with me in uniform, and he said, "Well, Cox, I have a man in custody for stealing some iron belonging to Mr. Hogarth, and I must see the iron"—Cox said, "Will the afternoon do?"—the officer objected, and said he must see it at once—Cox then asked him to let him go and put his hat on, and he joined us in about five minutes at the Europa Inn—Cox had told me in the shed that the iron was over the water—I asked him if we should take a boat—he said, "Oh, no; it is on this side of the water"—he then took us to Mr. Hart's foundry, in Cottage-grove—we looked over his stock, and found llcwts. of pig-iron all broken in pieces—there were no whole pigs—some of the pieces had the brand on them, and some had not—I examined it carefully, and hare not the least doubt of its being our iron—the greater part was Coltness iron, but there was some Blenarvon with it—I believe they were our property, and taken from our wharf—some portion of it was taken to my father's wharf, but not this part that is produced—this brand is not our own brand; it is the brand of the works; but all that has been sent to London this year has been consigned to us—when I found this iron, Cox said it was the same iron that I had seen at his place, and that he had sold it to Hart—I asked him of whom he had bought it—he said, the greater part of Powell, of the dredging-machine, and that he had bought from 2cwt. to 3cwt. of the man we had in custody, and the entry would be found in his book, under the name of "Smith"—I said, "The man we have in custody has given the name of 'John Kennett,' and has given no address"—(Cox had not seen Kennett at that time, to my knowledge)—I do not know Powell—I know the dredging-machine; it is in various parts of the river—it has been lying at Horsleydown, about a mile distant from us—I told Cox he ought not to have sold the iron when I told him not—he said, as I did not call, he thought he bad a right so to do—about a week or ten days elapsed between my calling on him and my going again with the officer—he said the man he bought it of, told him he got it from the mud in front of Hogarth's wharf; that he had only bought of him on two or three occasions, and the last time he told him not to bring any more, he would not buy it—he told me he only sold one lot of pig-iron to Mr. Hart.
Cross-examined by MR. CLERK. Q. How many persons deal in iron in your neighbourhood? A. No persons except marine-store shops, except the King and Queen Iron-works—there is none nearer than London-bridge, which is two miles and a half from us—this Welsh iron is not received by any other dealer in our parish—I do not know the number of furnaces near Coltness—I never was in the neighbourhood myself—all that has been sent this year has been sent to us—I know that, by the books of the agents in London—we are the only persons in London who have received iron from Coltness this year—here is only the brand of "Coltness" on this iron, not the brand of the year—I can only tell when this was branded by the freshness of it—I should say we had had the last consignment of Coltness iron for a fortnight or three weeks in our wharf—we have been receiving it nearly every week since the commencement of this year—I cannot tell what quantity we
have sold—I suppose we have now on the wharf about 300 tons—we have received about 2000—on comparing the weight of the iron with the invoices, we found a deficiency in one lot of 7 1/2 cwt.; in another, 12cwt.; and in another, 18cwt.—I know that iron has been dredged up by the dredging-machine, but generally not this sort—I have heard that they have dredged up pig-iron; I never saw it myself—old iron, such as hoops and pieces of anchors, they frequently get up—if any of the iron coming to our wharf bad sunk, it would not necessarily have been dredged up; it might be—I know Mr. Hart; I have had perhaps half a dozen dealings with him—I sold him one ton of iron in March, and I have sold him half-a-ton since the prisoners have been in custody—that was Coltness iron—he is a founder—I suppose I have known Cox about five years—we have bad the Thames Tunnel Wharf since 1847; before that we had Hartley's wharf—we had dealings with Cox there—we have not had dealings with him within the last six months—I might have bought one lot of him in Jan.—I have purchased scrap-iron of him, both at Hartley's wharf and at the Thames Tunnel Wharf—I swear there were no broken pigs amongst the iron I purchased of him—I think it was on a Thursday when I first went to Cox, when I first saw the iron on his premises; I cannot say the day; it was a week or ten days before he was taken—I cannot say that it was not a fortnight—the policeman was with me when I went the second time, the day after Kennett was taken—there was no price mentioned that I was to give Cox for the iron I saw there; I swear that—I did not offer for it—he did not offer to let me have it for 45s. a ton—I did not offer to purchase it at all—I told him not to sell it to anybody till he saw me again—I did not go again afterwards till Kennett was taken—I cannot say how often I go by Cox's in a day—it is close by us—I am not aware that I have ever had any dispute with him before this charge—it might be about the weight of the price of the iron—I did not charge him with having a piece of iron belonging to me—a man charged him with it, but he found it was a mistake, and returned it—I have made no threats against Cox at the Europa public-house—I have not threatened to get rid of him, if I could—I said I would put a stop to it—I thought it my duty to do so.
MR. BALLANTINE. Q. What was it you did say? A. Mr. Smith, the landlord, was mentioning to me that Cox was asking him to give him a character—I said it was from no vindictive motives that we prosecuted the man, but as Mr. Cox must know that the iron belonged to us, as we were the only persons that dealt in it in the parish, we considered it our duty to get rid of him—I never at any time offered Mr., Cox 45s., or any sum of money for the iron—I know that this iron is new by the freshness of it—it would become oxydized by being exposed to the weather—this is decidedly new—we charge 3l. a ton for Coltness iron—we charged 3l. 1s. 6d. for the ton that Mr. Hart bought; it was precisely the same iron as this.
JOSEPH HART . I live at Islington—I carry on business at Cottage-row, Bermondsey, as a master iron-founder—I know Cox by buying the iron of him—Mr. Hogarth pointed out some iron at my place—I could not swear that this is it—I know there was some iron there, and Mr. Hogarth claimed some portion of it—I know Coltness iron—I bought a ton of it of Mr. Hogarth—I bought some iron of Cox—I could not say what it was—I know some was Coltness iron, and some Blenarvon, and some has no mark on it—they weighed the iron when it was taken from my foundry—there was 304 or 311 lbs.—I bought 17 cwt. of Cox—there were some three parts of pigs, some halves, and some bits—there were no whole pigs—I bought the last lot of him about three weeks ago, I think—it was about a couple of days before
Mr. Hogarth and the officer came—the last lot was 17 cwt.—I had had 17 cwt. of him six weeks previous—I paid him 2l. 7s. 6d. a ton—that was for the mixed iron, some good, and some bad—that was not at all cheap—it was a fair price—on the last occasion when I bought the 17 cwt., he told me that Mr. Hogarth had offered him 45s. for it—I said if it was worth 45s. to him, it was worth 2l. 7s. 6d. to me—he told me he bought it of the man at the dredging-machine.
COURT. Q. This was all sorts of iron? A. Yes; in little shops they often make home-made pigs of stuff not worth 1l. a cwt.—they sell it for more than it is worth.
Cross-examined. Q. Did you buy any Blenarvon iron of Mr. Hogarth? A. No; I believe the price of it is about 4l. 10s. a ton—here is a piece of iron here that was claimed by Mr. Hogarth—I never bought this of Cox—I believe it is some of my iron—it is Coltness iron—I ordered my men to bring some iron, and they brought this piece—I said, "I don't want this, bring the other; that will do"—and it appears they must have dropped this by the scale—I got this piece from Mr. Hogarth himself—the other iron has got no brand on it—it is all sorts—I know that pig iron is drawn up by the dredging-machine—it would come up broken—it won't pass through the place—it has to pass through without breaking; it breaks right in two—they sell iron from the dredging-machine—Mr. Powell is connected with one of those dredging-machines.
MR. BALLANTINE. Q. do you know the premises of Mr. Hogarth? A. Yes; right opposite the Thames Tunnel—I do not know whether the dredging-machines come there—no iron has been offered to me from the dredging-machines—this is the piece of iron, which is of the same sort as that I bought of Mr. Hogarth—I did not point Mr. Hogarth and the officer to any piece as having purchased it of Mr. Cox—the iron was lying down in a lot, and I said that was the iron I purchased of Mr. Cox.
WILLIAM THOMAS BRIDOES . I am an inspector of the Thames-police. I went with Mr. Hogarth to Mr. Hart's foundry, in Cottage-row—Mr. Hart showed us some pig iron—the pig iron that he said he had purchased of Cox I brought away—Mr. Hogarth identified 3 cwt. and 11 lbs. with the brand on it, which he said was his, and I also brought away 9 cwt. which was there—it is all broken—there is no scrap iron amongst it—it is all pig iron—I should say there might have been a quarter of a hundred weight of flat iron there, and some round iron which they call home-made pig—the next morning I called on Cox, and said to him, "Cox, are you going to the station?"—he said, "Yes"—I said I would accompany him—I said, "Is this your book"—he said, "Yes"—I find in it entries of pig iron, bought of John Smith, of Love-lane—here are entries on the 3rd, the 4th, and the 5th, but the book is kept irregularly, Feb. and March are mixed together—the whole weight that is here down is 5 cwt. and a half.
Cross-examined. Q. Were you at Mr. Cox's when Mr. Hogarth went there? A. Yes; I had met Kennett before he came to Cox's—I think he taw me, and he went past—I stopped a few minutes; I then went and took him—I did not take him to Cox—when Cox was taken to the station, the superintendent asked for his book, I went and got it.
MR. BALLANTINE. Q. Did you meet Kennett before he reached Cox's, or after? A. Before; I should say not more than seven yards from Cox's, I was in uniform—he passed by Cox's, and I overtook him.
COURT to JOHN BROOK HOGARTH. Q. Was any of the Coltness iron missed after it had been stacked? A. No; we have not weighed it since it had been stacked—when it was landed there were three parcels fonnd deficient—the Blenarvon iron was deficient after it had been stacked.
(Cox received a good character.)
KENNETT— NOT GUILTY .
COX— GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
JOHN COURT . I live in Mint-street, Borough. I am a shoemaker I live with my son, John Court—on 29th April, he had a grey pony, a harness, and a cart—his name was on the cart—I and my son saw them safe in the stable at eleven o'clock that night—my son went home with me—I went to, the stable alone at half-past nine o'clock next morning—I found the door was locked—when I had unlocked it, the pony, harness, and cart was missing—I received information from a horse-dealer at Romford, and I saw the same any, and cart, and harness, at half-past nine that Wednesday night, at Mr. Standford's, in Acton-street, Kingsland-road—they cost my son 15l. 11s., but he would not take 20l. for them.
Cross-examined by MR. PATHS. Q. What is your son? A. A grocer and cheesemonger; he keeps a shop—we came from Greenwich last quarterday, but we did not know what sort of a place the Mint was, or we should not have come to it.
Cross-examined by MR. COCKLE. Q. Do you know Chamberlain? A. I hare seen him—I do not know where he lived—I have heard one or two say he has been there many years—I have heard the house he lives in it just round the corner.
RICHARD MILLIR . I live in North-street, Was worth. I know Bray, and I know the other man, by sight—I saw them on the morning of 30th April, on the Mile End-road, leading owards Romford—they were in & cart with a grey pony—there was another person with them—they passed me going in the direction of Romford—when I got to the Plough public-house the pony and cart were at the house—I passed Bray and Chamberlain at the horse's bead—I asked the price, and Chamberlain said, "Eight guineas"—I went on to Romford—when I had been there about an hour, I saw Bray there opposite the Bull public-house—I heard a man of the name of Bangham ask him for his money back, or he would give him in charge to a policeman—Bray said, "Fetch forty or a hundred policemen if you will, it is ray own property, and I have a right to do as I think proper with it"—I am not aware whether Bray saw me—he said, "Here are plenty of people that knew me"—he appealed to several people, and I said, "Your name is John Bray, is it not?"—he said, "Yes"—I said, "You live in the Mint, don't you?"—he said, "Yes"—Bangham asked him for his money—he spoke about a receipt, and they went into a public-house—I went in after them to have half-a-pint of porter, before I went to London—Bangham asked for a receipt for the money; Bray said he could not write, and some gentleman said he would write it for him, and he said what name should he write, and he said, "John Williams"—said, "Why don't you write your own name, Jack Bray?"—he did not say any more, and I walked out and went on with my two horses—when I went into the public-house, the horse and cart were standing outside—it was the same I had seen before—it had the name of John Court outside the shaft.
Cross-examined by MR. PAYNE. Q. You saw it at the door of the Plough? A. Yes; about 100 yards beyond Bow-bridge, towards Romford—I will swear there is such a house—it is the first public-house over the bridge on the right-hand side—my business is to go to public markets to bring up horses that are bought; and if a gentleman gives me a horse to sell, I do it—gentlemen do trust me—I do not deny that I have been in custody—I have been unfortunate more than two years ago, but thank God I have reformed—the first time I was convicted is upwards of three years ago—I was tried in Surrey, at Stones-end—I got fourteen days; and about a month after that, I got two months—Mr. Cottenham gave me that—I reformed after I had the two months—I never was in custody after that—I was committed to the Old Court here before I had the fourteen days—I was tried before Mr. Justice Pollock—I came without a stain on my character, and was discharged with the same—I was committed on suspicion of stealing a watch from a gentleman, in the Kent-road—they did not make out the case—the prosecutor was there—there was no mistake in the name, or any thing of that sort—I got off because I was not guilty—I did not call any witnesses.
Cross-examined by MR. COCKLI. Q. You saw the two policemen, and a third man? A. Yes; I know the other man by sight, not by name—I have not seen him since—I had seen him before about the Borough—I did not know the prosecutor till I saw him at this Court.
JOHN FITCH . I am ostler at the Three Rabbits, at IIFord. I recollect on the morning of the last day of April, seeing Chamberlain at the Three Rabcutor between seven and eight o'clock—he came in a cart with a grey pony; there were two more with him—they all came into the house—they might top about half-an-hour—I do not know whether they had any thing to eat—Chamberlain gave me something as they went away—I have seen the horse and cart since—it was shown to me by the officer on the Monday following—it was the same—I noticed that Chamberlain had a wooden leg.
Cross-examined by MR. COCKLE. Q. This is a house of call—a great many people come there? A. Yes—I bad not seen Chamberlain there before, as I know of.
JOHN TOMLINSON . I live at Romford, and am one of the Essex constabulary. On Wednesday, 30th April, between eleven and twelve o'clock, Bangham came to me outside the Bull public-house; in consequence of what he said to me, I went in the public-house—I saw Bray there—I saw a man writing on paper, and Bray made a mark—I heard him give the name of John Williams, 2, Adam's-place, Red Cross-street, Borough—I did not sign the paper—I heard Bangham say he had bought a horse and cart, and he had a doubt about it—that was at the time the paper was signed.
Cross-examined by MR. PAYNE. Q. Were there other persons there? A. Yes; I am sure it was Bray—I saw him, and knew him again, at the South-wark police-court—I knew him by his general appearance—I saw him, and beard him give his name and address—I saw him put a cross to the paper—I did not see Miller there.
JOHN BANGHAM . I am a horse-dealer. I was in Romford Market on Wednesday, 30th April—I saw the prisoner there—I bought a grey horse and a cart of Bray, for which I gave him 6l. 15s.—I observed the name of John Court on the cart—I was commissioned to buy it for 7l., and I had the 5s.—I was afterwards commissioned to go after the parties I bought it of; I found Bray at a public-house, near the railway-station—I asked him if he knew any one in Romford that would come and satisfy me about the horse and cart—he said, "Yes;" and he referred me to Mr. Ogden—I went to him, and he
said he could not recognise him—I told Bray I was not satisfied, he must give me my money back, or I would get a policeman—he said I might bring forty policemen, or a hundred; it was his own property, and he might sell it, if he liked—he afterwards went to the Bull, and I brought a policeman in—Mr. Comes was there, and he wrote a receipt—Bray gave the name of John Williams—he put a mark, and said he could not write—I have seen the horse and cart since.
Cross-examined by MR. PAYNE. Q. What did you do with the horse and cart? A. I went up and down the market; I let it stand at the Bull nearly an hour—I was commissioned to buy it for Mr. King—he gave me 7l.; I got it for 6l. 15s.—Mr. King afterwards sold it to Mr. Barker.
MR. COCKLE to JOHN FITCH. Q. Describe the cart that you saw? A. It was dark-green, picked with white on the wheels—there was a name on the shaft, but I could not read—it was a smallish grey pony—I was spoken to about it on the Monday following—a great many bad put up at our house between the Wednesday and the Monday.
JAMES COOMES . I am a horse-dealer. I was at Romford Market on 30th April—I wrote a receipt that day—Bray was' present when I wrote it—he gave the name of John Williams, and I wrote it on the receipt—he gave hit address, Adam's-place, Southwark—I said Southwark was a large place, what street was it near?—he said Redcross-street—I saw the horse, it was a grey horse, and the name of John Court was on the shaft of the cart.
ROBERT FENNING (Police-Serjeant, M 4). On 30th April, I took Bangham in charge for buying a pony and cart, knowing them to be stolen—I found on him this receipt—on Friday, 2nd May, I took Chamberlain—I told him the charge was for being concerned with Bray in selling a pony and cart—he said he got his living in a different way from that—I found the horse and cart in possession of Mr. Standford, in Kingsland-road—Mr. Court told me it was there, and he went with me.
Cross-examined by MR. COCKLE. Q. When did you receive information? A. On Wednesday, from Mr. Court, jun. I did not then learn Chamberlain's address, I discovered that the following morning—he was not in custody—I took him at his own door, on the Friday—I believe he is a housekeeper, he keeps a private ouse—I went in the house, but not to the back premises—he has been out on bail.
JAMES COOMES re-examined. This is the receipt I wrote—(read—"Received, April the 30th, 1851, of Mr. John Bangham, the sum of 6l. 15s., for a grey pony, a cart, and a harness. John Williams, his X mark.")
JOHN DELANEY (police-serjeant, M 18). I produce a certificate of Bray's former conviction—(read—convicted August, 1849, and confined six months) he is the person—I have known him these five years—he was tried in this Court on 19th Aug. last, and acquitted. (Chamberlain received a good character.)
BRAY— GUILTY . Aged 26.— Transported for Ten Tears.
GHAMBERLAIN— NOT GUILTY .
1230. JOHN RYAN was indicted for a robbery on Mary Martin, and stealing from her person, 1 pair of trowsers, and other goods, value 1s. 2d.; and 2 shillings, 2 sixpences, and 1 groat; the property of Henry Martin.
MR. GEARY conducted the Prosecution.
Southwark. Last Wednesday morning I was in John-street, going home between four and five o'clock—I had been to my sister's, who is very poorly—the prisoner and another man came to me—the prisoner asked me if I would have anything to drink—I said, no; I did not want anything—I walked on; he followed me, and the other man followed us a little behind—I got towards Weatherly-street—I saw a roan going along, and I said to him—"If you please, will you tell me the time?"—I ran towards my house, in King's Bench-walk, and the prisoner came up to me—he was in liquor; he threw me down, and took my clothes up—I had a bundle on my arm—the prisoner got it—I struggled and screamed, and my husband heard me—I had two shillings, two sixpences, and one 4d.-piece loose in my pocket—I missed it directly I got to the top of the street—I cannot swear whether it got out of my pocket when my clothes were up—I was so confused that I did not look on the ground for it—the prisoner was fumbling my pocket, and my clothes were over my head—I had the money the day before, when I went to my sister's—the prisoner took my bundle off my arm, and took it from me—it contained a pair of old trowsers and a gown—the trowsers belonged to my little boy—they were wrapped in a handkerchief; the gown was mine—I valued it at sixpence—when I screamed the prisoner ran away—I ran after him—I had taken his cap, and had it in my hand—he ran away towards Gravel-lane, and I lost him—I kept his cap; this is it—I did not see him caught.
HENRY SUMMERS (policeman, M 61). On the morning of 14th May, about half-past four o'clock, I saw the prisoner and his brother, and the prosecutrix, standing at the corner of Union-street, Gravel-lane; the prosecutrix and the prisoner went on, and his brother followed behind—I saw no more till about twenty minutes after, when I saw the prisoner ran down a street, and go into his house without his cap—when I first saw him he had a cap on similar to this one produced—his house is in Ewer-street, Gravel-lane, but he came through an adjoining court; he did not come along Gravel-lane.
EDWIN COLEMAN (policeman, M 53). I was in that neighbourhood about half-past four o'clock that morning—I saw the prisoner and his brother (I knew them) talking to the prosecutrix—they passed by me, and the prosecutrix in company with them—the prosecutrix was first, then the prisoner, and then his brother—I saw the prisoner and the prosecutrix turn up Wellington-street—the prosecutrix came back and turned up Surrey-row, and I saw the prisoner follow her up that way—I then lost sight of them—in about ten minutes I saw the prisoner come down Orange-street, and he went into Princes-row—he was then without a cap; he went into a court—I was walking towards the court, and I looked up Orange-street, and saw the prosecutrix standing by a wall without a bonnet—she had this cap in her hand, and her hair was hanging down her back—from the statement she made to me I went to No. 9, Ewer-street, and knocked; a man came to the door—I asked for John Ryan, and I found the prisoner in bed—I took him into custody; that was a few minutes before five—he said he was not the person—I am quite sure I had seen him with the woman, talking to her, and he then had this cap on, with the ears over his head—the bundle has not been found.
Prisoner's Defence. I went to bed at half-past two o'clock that morning—he came and said, "I want you"—I asked what for—he said, "You will know by-and-bye"—I dressed myself, and put on my cap—he said, "That is not your cap; take it off"—as to this cap that is here I never saw it before.
GUILTY .—Recommended to mercy by the Prosecutrix, Confined Twelve Months.
1231. ELIZABETH ANN COOK , stealing 18 pences, 12 halfpence, and 1 farthing; also, 30 pence, and 12 halfpence; also, 23 pence, and 8 half-pence; the goods of Charles Davis, her master: to all of which the pleaded
GUILTY . Aged 22.— Confined Six Months.
ANN MORGAN . I sell sweetmeats, at 6, Jamaica-row, Bermondsey. On 8th April the prisoner came to my shop for 1d.-worth of sweetmeats—she gave me a shilling—I gave her a sixpence and fivepence, and put the shilling into the till, where I had no other silver—it was between eight and ten o'clock, and I took no more money that night—next morning, Sunday, I found the shilling was bad, and put it into a drawer up-stairs—next day, Monday, the prisoner came again for 1d.-worth of sweets, and gave me a shilling—I called my husband, and showed it to him—he told her it was bad—she said she was not aware of it, and she bad no more money about her—I gave her in charge, with the two shillings.
Prisoner's Defence. When I went on Monday she said I was the person who was there on Saturday, which I contradicted.
GUILTY . Aged 18.— Confined Six Months.
THOMAS NUGENT . I am in the employ of Jonathan Dangerfield, of Bermondsey-street. On Saturday, 19th April, between mint and ten o'clock at night, there was a ham for sale outside the shop-door—I saw it move off the nail, ran out, and saw the prisoner running—I called, "Stop thief!" and he chucked it down—I taw him stopped by a policeman.
GUILTY . Aged 18.— Confined Twelve Months.
WILLIAM SHERWOOD . I am the nephew of William Druce, of Carlisle-street—this cask (produced) is his—I cleared it for him from the Docks—it was safe outside the door at two o'clock, on 24th April—I missed it at six—I saw it at Mr. Putley's next day.
GEORGE NEWTON . I am a cooper, and know the prisoner by sight—he is a dealer in casks—on 24th April, about five, o'clock, he brought me this cask, and wanted 10s. for it—I offered him 8s., but did not buy it—there was a man outside—I do not know whether he was with him—this is it—I noticed this bad stave.
Prisoner. Q. How far was I from where it was stolen from? A. Ten minutes' walk.
Prisoner's Defence. I met a man rolling the cask; I knew he was a dealer in flour-barrels; he asked me 9s. for it; I gave him 1s. 6d.; if I had stolen it I should have been very glad to have taken the 8s. for it; I know the man well enough, but have not had an opportunity of finding him.
NOT GUILTY .
GUILTY . Aged 13.—Strongly recommended to mercy by the Prosecutor.— Confined Two Months.
MR. BALLANTINE conducted the Prosecution.
HENRY RAVENHILL . I am an iron-master, in partnership with Thomas Howard, carrying on business at the King and Queen iron-works, Rotherhithe—we have iron come alongside our wharf in barges—I had missed some heavy pieces of iron cut off the ends of bolts, in consequence of which I went with inspector Monaghan, on 5th May, to the prisoner's shop, which was about 300 or 400 yards off, a marine-store shop—he and his wife were there—I asked him if he had bought any heavy pieces of iron—he said, "No,"—the iron he had bought was lying about the shop—I saw several pieces of light iron, hoops, and nails—I saw Noakes search a heap of iron behind the counter, and pull out this end of a bolt (produced)—I said that was the description of iron we were in search of; it was underneath; he was several minutes before he found it—he continued to produce pieces of heavy iron—I said, "That is my iron," and asked the prisoner when he bought it—he said, "On Friday last;" and he did not know the name of the parties, but be should know them again; that he objected to it, and they said it was all right, he was perfectly safe; it was their perquisites—I asked him if he had a book, and he brought a few leaves of an old book—I found 2 cwt 20 lbs. of iron, worth 7s.; which I believe to be mine.
Cross-examined. Q. 1s. 3s. 3d. or 3s. 6d. the price? A. That is what we give for it in large quantities—we purchase it for the purpose of being manufactured; it is of no other use—this end of a bolt weighs about 3 lbs.—I do not identify any of it by any mark, but it corresponds with that in the barge, and I firmly believe it is mine—he denied two or three times having bought any such iron.
LAURENCE MONAGHAN (police-inspector, M). I accompanied Mr. Ravenhill to the prisoner's shop—we both asked him if he had bought any iron lately—he said he had, pointing to some old nails and iron-hopping behind the counter—I asked him if he had bought any heavy or thick iron—he said, "No," he believed not—I pulled some of the iron down from the heap, and Noakes pulled out a lump of iron—there was 1 1/2 cwt. or 2 cwt. on the top of it—he found all these lumps (produced) under the heap—I asked the prisoner why he put it there—he said he did not know—I asked him if he kept a book—he said, "yes"—! asked him if he made an entry of things he purchased—he said when he purchased anything particular he entered it—I asked him to let me see his book—he produced it—I asked if he had made
any entry—he made no answer—I looked in the book, and said, "There is no entry of any sort since 19th April; do not you know who you bought this iron of?"—he said he thought he should know them if he saw them; he bought it on the Friday, about one o'clock (that was the 3rd)—I asked him if the parties came together—he said one came first, and the other a few minutes afterwards—I asked if he made any inquiry where they got it—he said, "Yes," he thought it was rather queer; and they said it was all right, it was their privilege, and he need not be under any fear—I asked what he gave for it—he said, "3s. 6d. no, 3s. 4d."
Cross-examined by MR. PARRY. Q. Did he help you to put the iron in the truck? A. No—he was present, and his wife, part of the time—I searched the whole shop.
WILLIAM NOAKES (policeman, M 35). I examined the room, and had to turn over two cwt. of old iron nails, and then found these larger pieces of iron—before that, the prisoner had taken up some old nails, and said, "That is the only sort of iron I have in the shop, and old hoops"—he said he bought some of it on the Friday—it was all under 2 cwt. of nails—there were seven pieces in a basket on the floor, with some oil-cloth over it.
Cross-examined. Q. Did he not help you with the iron into the truck? A. No; I am sure of that—I was not in my uniform, Monaghan was—he has left the shop six or seven months, or a little more—I don't know whether he has been to sea during this time—I have seen his wife in the shop, but nut serving—he went with me, and showed me the rooms he occupied—I searched them.
LAYTON EDWARD HOPPER . I am in the service of Robinson and Russell, of Mill wall. On 13th April, we sent a barge, loaded with 30 tons of iron, to the prosecutor's—these two pieces are part of it—this piece has been cut off the rudder of an iron ship—I put it into the barge myself, and can swear to them.
Cross-examined. Q. What has this piece been cut off for? A. I do not know, but. it has passed through my hands; I ordered it to be taken away, as it was lying about lumbering the yard, and told the labourers to put it in the barge—any piece cut off a bar would have the same appearance; but iron does not always break in one way, it is partly cut, and then broken off—I recognize this piece by this flaw in it—I was present when the greater part of it was weighed—iron is not continually lying about.
JOHN SPRING ETT . I am in the employ of Howard and Raven hill. On 25th April I unloaded the barge Providence near to the wharf—I recognize one of these pieces of iron as being there, and this piece I know by the chisel-mark on it. (The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
1237. JAMES ARNOLD and JAMES LOW , stealing 1 sovereign and 2 shillings: also, 7 sovereigns and 1 half-sovereign; the property of John Mills Thome and another, the masters of Low: to which they pleaded
GUILTY , and were recommended to mercy.— Confined Two Months each.
o'clock, I was on duty in Richmond, and saw the prisoner with a basket—I followed, and stopped him at the foot of the bridge, and asked what he had got in his basket—he said a few nails—I asked where he got them—he said, "From Mr. Tucker's, Old Brentford"—I asked how many nails he had—he said he believed 3lbs. or 4lbs., he did not know exactly—I found the nails and this bottle of oil—I asked how he accounted for the oil—he said Mr. Smith, the foreman of the City-works, gave it him—the nails weigh 7lbs. 14ozs.—he had two pieces of mahogany in his hand and two in his basket—I took him to the station, and then went to Strand-on-the-Green, and saw Smith—I found Mr. Tucker, of Brentford.
Cross-examined by MR. PAYNE. Q. Did you know the prisoner? A. No; I stopped him because the basket appeared very heavy—I took 1l. 9s. 3d. from him, which was given up to him by the Magistrate.
WILLIAM MANSBRIDGE (policeman, V 260). I was left in charge of the prisoner at the station—about half-past nine o'clock at night he said, "I suppose I shall want bail?"—I said, "I expect you will"—he said, "I took the nails of the firm, and also the oil; but I was not going to tell him so."
STEPHEN WILLIAM LEACH . I am engineer to the Thames Navigation Committee; the prisoner was in their employ, under my directions—these articles were used in the works where the prisoner was engaged; I cannot swear to them; I did not give him any of them—they belong to the Corporation of London.
Cross-examined. Q. Do you know the name of the Corporation of London? A. No; the prisoner has been twenty yean in their employ.
NOT GUILTY .
Before Russell Gurney, Esq.
GUILTY of an Assault. Aged 56.— Confined Two Years.
ADJOURNED TO JUNE 16TH, 1851.