CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 16th, 1851.
Before Mr. Recorder, and the First Jury.
NOT GUILTY .
The COURT, upon Mr. Robinson's opening, considered that the facts did not amount to a felony, and directed a verdict of
NOT GUILTY .
GUILTY .* Aged 40.— Confined Six Months.
GUILTY . Aged 28.— Confined One Month.
GUILTY of a Common Assault. Aged 41.— Confined Twelve Months.
WILLIAM WOOD MORRISS . I am a draper, of 20, Trinity-square, Tower-hill, On 26th May, between 4 and 5 o'clock in the afternoon, I was going through Freeman's-passage, and the prisoner accosted me, and asked me to give her 6d.—I said I saw no reason why I should do so—she took hold of my arm, and I passed on—I missed my handkerchief turned back, overtook her, and seized her—a youth said, "Here is a seal I picked up on the ground"—it was mine, and had been on a short Albert guard, in my button-hole—I looked for my watch, and missed it—I saw it in the prisoner's hand—she must have
broken the chain; the seal would then fall—I pushed her into Mr. Preed's shop, and there found my handkerchief in her hand—she was given into custody.
GEORGE BARKER (City policeman, 485). I was sent for, and found the prisoner and prosecutor at Mr. Preed's shop, Honey-lane—I received this watch and handkerchief (produced) from Morriss, and took the prisoner.
Prisoner's Defence. I only asked him for 6d., and he would not give it to me, and then I took the handkerchief; he would not take it back, and then I took his watch.
GUILTY . Aged 23.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
HENRYWHITE. I am in the service of George Emery and another, drapers, of 43, Farringdon-street. On 3rd June the prisoner came to the shop—the shop-walker told me to watch her—she bought some stockings—she asked to look at some handkerchiefs—after looking at them for a considerable time, I saw her draw a large parcel of handkerchiefs towards her, close to the edge of the counter—(there is a rim to the counter, about three inches high, to prevent things dropping off)—she threw a handkerchief over one hand, concealing the other handkerchiefs with it, which she drew away with the other hand, and concealed them in her lap—I was in the window, which is a little elevated, and had a full view of the counter—Davis was serving her—I informed the shop-walker—he went up to her, and said, "What do you want here? what are you after?"—she drew her chair, and the handkerchiefs dropped on the floor—these are them (produced)—they were folded, and in a wrapper, which did not come into her lap—they are worth 10s.
Cross-examined by MR. WOOLLETT. Q. How many assistants are there? A. Thirteen, I think—it was between 12 and 1 o'clock in the day—there may have been five or six persons in the shop—a lady was looking at goods at a little distance—she looked at these handkerchiefs previous to the prisoner.
WILLIAM DAVIS . I am in the prosecutor's employ. On 3rd June the prisoner came, and asked to look at some stockings—she bought two pairs, and asked to look at some white pocket-handkerchiefs—I brought them from the next customer to her—she bought one, and I saw her look at the others—Connor came and told me something.
Cross-examined. Q. You did not see her remove anything?A. No.
FREDERICK CONNOR . I am in the service of Messrs. Emery, as shop-walker. On 3rd June the prisoner came—I knew her before, and informed White—he shortly afterwards spoke to me, and I went up to the prisoner, and said, "Halloo, what are you after here?"—she moved, and the handkerchiefs dropped on the ground—she picked them up and threw them on the counter, saying, "Here are some handkerchiefs," or something of that sort—White said, "I saw her take them"—she denied it, and was given into custody.
ELIZA PRICE . I am the wife of a policeman. I searched the prisoner, and found on her two Police Gazettes, one sovereign, a half-crown, five shillings, and twopence halfpenny—I asked her address—she declined to give it.
NOT GUILTY .
NEW COURT.—Monday, June 16th, 1851.
PRESENT—Mr. Ald. WIRE; Mr. Ald. CARTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
THOMAS EDWARD CARNEY . I am in the service of Mr. Thomas Lansdell, in Holborn. The prisoner was assistant in the shop, the same as myself—on 14th May, I and the prisoner were at the shop-door—a person came to purchase a waistcoat, the prisoner waited on him—I heard the money put on the counter—the waistcoat was bought—I was lighting the gas—I saw the prisoner put it in paper, and take the money for it—I heard the man say, "Is 7s. 6d. the lowest?"—it was his duty to take the ticket off the garment, write on the back of it the price he got for it, and put that and the money in the till—after this the prisoner said he had to see a friend at the comer of the Row, and he should be in in a few minutes—he went out, and I went to the till—there was neither the ticket of the waistcoat nor the money in the till—I told my master.
Cross-examined by MR. ROBINSON. Q. What are you? A. Assistant to the prosecutor—I was under the prisoner, but am now under another—I have been about six weeks there—I was before assistant in a draper's shop, in Regent-street—I was there five weeks; I left because I was not comfortable: I decline to state why—I was before that in Bristol; I left there about a fortnight before Christmas—I was in service there nine or ten months—I left, because I had a few words with my master about some glass that was broken—when I came to London, I went to Mr. Newman's in Regent-street—I left there, because he told me to clean windows, which I thought was not my duty—it was my duty at the prosecutor's to take orders, and to serve customers—the person who came to buy this waistcoat was admiring a waistcoat outside the window; the prisoner asked him to walk in—I did not introduce him into the shop.
Q. Did you not state that you were standing at the door, a person was passing, and you introduced him in to buy a waistcoat? A. I do not remember it; I was lighting the gas; I might have spoken to the customer—I saw him come—I went then to another part of the shop—he was in the shop four or five minutes—there was not much money in the till—I reckoned the money with the tickets, and found it correct—I was not long about it; it might be a minute or more—my master was up-stairs, or out.
THOMAS LANSDELL . I keep the shop at 327, High Holborn. Carney and the prisoner were my shopmen—it was his duty to receive money for me—he was to take the ticket off the article, and put it with the money in the till; and if there was no ticket on the article, he was to write on a piece of paper, and put it in the till—he had only been in my service from 12th May—on the 14th, from what Carney said to me, I followed the prisoner, and desired him to come back; I asked him why he left the shop without permission—he said he was merely gone to get a glass of ale—I said it was rather singular to go to get a glass of ale when he knew his supper was just ready—he went up-stairs with me, and I asked him if he had sold a garment; describing it—he said he had, and had received the money, and placed it in the till with the ticket—I told Carney to go and bring the till with the tickets in it—I counted them, and the money in it corresponded with the
tickets in it to a halfpenny—I have not the tickets here—there were tickets for three or four waistcoats, but not one of that amount—I gave the prisoner in charge—I went with him to Bow-street; on my return I looked for the ticket in the shop, it was not there—I went to the end of the Row, where the prisoner said he had been to get a glass of ale, and picked up three or four pieces of the ticket of the waistcoat—the policeman picked up the remainder—these pieces together make up the ticket—it has my mark on it—here is the prisoner's writing on the back of it, 7s. 6d., as having sold it.
Cross-examined. Q. What time was it that Carney gave you information? A. Between 9 and 10 o'clock—the waistcoat was sold between 7 and 8—I had been up-stairs about an hour—I had been out the greater part of the day—when I came home I went up-stairs—it is from thirty to forty yards from my shop to the public-house, where I found these bits of the ticket in the open street—I found them between 11 and 12—the prisoner did not tell me to what house he went to get a glass of ale.
JAMES SIRETT (policeman, F 112). I took the prisoner—I found on him one half-crown, four shillings, one sixpence, and fourpence—he said, "I am as innocent as you are"—on the way he said he had a half-sovereign, and he went to get change, and he had occasion to pay a half-crown—I went with the prosecutor to a public-house in Holborn-bars—I saw him pick up three pieces of a ticket, and I picked up the remainder of the pieces.
Witness for the Defence.
WILLIAM READ . I am a tailor. I know the prisoner—on 14th May I had to go into the City; on returning, I met the prisoner—I lent him a half-sovereign, on promise of his paying me the first payment be received—this was about 8 o'clock, or a little after—he went into a public-house—he said it would be very much serving him to lend it him, and I did—by what I have heard he had a very respectable character—I have not seen him lately.
NOT GUILTY .
MR. BRIERLEY conducted the Prosecution.
GEORGE PEOPELL (police-sergeant, S 28). On 14th May, in consequence of information, I went to a loft belonging to Mr. Giddens, in the parish of South Mimms, and under a quantity of loose straw I found a bundle of rowen hay—I put some pieces of paper in it—I went back again the same evening expecting it would be removed, but it was not—I went again the following morning, and again on Friday evening, the 16th, about 10 o'clock, it was still there, and the paper that I had placed in it—I then went and examined a load of hay which stood in a cart in the yard, and under the cloth of it I found a bundle of rowen hay which I marked by tying two pieces of string round each band—I then put the cloth down as I found it, and went away for about an hour—I put on private clothes, returned to the premises and watched—about 1 in the morning, Taylor and Stokes came to the stable—I was concealed in a wheeler's workshop, about a dozen yards from the stable—it was a dull cloudy morning, but I saw Taylor and Stokes pass me, they were not three yards from me—I have known them three years—I have not the least doubt it was them—they went into the stable, and fed the horses—Taylor then went from the stable to the loft over the stable—Stokes called out, "Do you want me up there?"—I did not hear Taylor's reply, but Stokes went up; and in about a minute the hay was thrown through a hole in the loft floor into the stable
—they then came down, and remained quiet in the stable for an hour or an hour and a half—Stokes then came out, and went up a ladder into the same loft, and threw down a sack containing chaff—he then returned into the stable, and remained there till about 4 in the morning, when they brought out the shaft horse, and put it into the cart—Stokes then returned into the stable, and during that time Taylor unfastened the cloth which covered the hay—he got on the hay, and Stokes brought out the bundle of hay which I had previously marked; the same which fell from the loft—he took it to Taylor who was on the cart, who placed it on the hay—Stokes returned to the stable for the other horse, and during that time Taylor got off the hay and pulled the cloth down—the other horse was then hooked-to, and they both left the premises with the cart—I remained on the premises for a few minutes, as from where I stood I could not see whether both the men had left—I then went out—I could not see them nor the cart—I followed the cart, and after walking half a mile I got in sight of it—I only saw Stokes then, he was driving—I followed with an officer to the Swan with two Necks at Finchley—I had lost sight of Taylor from the time they turned out of the yard—when Stokes arrived within about four yards of the stable-door he struck the cloth that was over the hay several times with his whip, and in about a minute or so he walked round and undid the cloth, and Taylor who was under the cloth rose up and stood on the load of hay and looked round—I was within about forty yards of the house—Taylor then put the small bundle of hay which had been under the straw on Stokes's back, and Stokes carried it into the stable—Reynolds was in the doorway of the stable—he stepped back, to allow Stokes to past with the hay—Stokes put that hay down in the stable, and returned to the cart—Taylor put the other bundle of hay on his back, the one that I had marked with the strings—Stokes carried that into the stable—he then returned to the cart, and fed the horses with some chaff during that time Taylor got off the load of hay and fastened down the cloth—I passed by the stable where the hay was, and Reynolds, the ostler, had removed near to the first bundle of hay—I then returned, and met the constable whom I had placed to watch—I went to the stable, and found the door fastened—I looked through the hole, and saw a nail placed over the latch which fastened it down—I saw Reynolds standing by the large bundle of hay in the stable—I went into the tap-room, and saw Stokes and Taylor sitting down getting tome refreshment—I passed out of the passage to a back-door, and as I opened the door I saw Reynolds with the large bundle of hay, in the act of placing it on two trusses of hay near the door, at the foot of a ladder leading to a loft—I told him I wanted him, for receiving hay knowing it to be stolen—I took him in the tap-room, and delivered him and the other two prisoners to the officer—I returned to the yard, and took the bundle of hay that I had seen with Reynolds; I gave that to the officer—I then went in the stable, and found the small bundle of hay; it weighed 33 lbs., and the larger one about 67 lbs.; I found on them the marks that I know them by—I told Taylor and Stokes that I took them for stealing hay.
Cross-examined by MR. PAYNE. Q. Was there anybody else there? A. Yes, a person named Pratt; be was on the load of hay when the others were taken—he was taken, and discharged—rowen hay is an inferior kind of crop—the worth of all this hay is about 3s.—when I took Taylor, he said it was the first time he had taken any; and he afterwards said he left it there for his horses—it was not at the same time that he said it was only a little bit that he left till he came back.
Cross-examined by MR. PARRY. Q. Is not this the first time you have
said anything about Taylor saying this was only a little bit that he had left? A. No, I believe it is in my deposition; I will not swear positively that it is—I have not had any conversation with Harrod about Taylor saying this—they stayed at the Swan with two Necks about an hour—a great many wagons pass there, and a great many stop there—it is a regular house of call for persons who bring up wagons to London—the large bundle had strings round the bands, and it had a piece of paper in it; I have not brought the paper—I did not look for it; here are the pieces of string—I produced the bundle of hay before the Magistrate, and the strings—it would have taken some time to find the small piece of paper; I had written two letters on it—I asked if I should look for it, and the Magistrate said no.
THOMAS GIDDENS . I am a farmer, and live at South Mimms. Taylor was my carter; Stokes was not in my employ—the value of this hay is about 3s.—Taylor was allowed to take about a truss of hay when he was going to London; he had no right to leave any at the Swan with two Necks, or at any other house in the road—I have hay like this—I put a mark on the paper which the officer marked.
Cross-examined by MR. PAYNE. Q. Is Taylor married? A. No; he receives 10s. a week.
Cross-examined by MR. PARRY. Q. Does he work all the week for that? A. He is employed three days a week to come to London, and he has 1s. a journey for that—I allow him one truss of first-crop hay, which is worth about 2s.—this rowen hay of mine is very good; my horses will eat that before they will eat other hay; we generally feed them with rowen hay in the rack.
JAMES HARROD (policeman, S 179). On Saturday morning, 17th May, I was in South Mimms New Road—I saw Stokes driving two horses with a load of hay, in Mr. Giddins' cart—I followed the cart which Stokes drove to the Swan with two Necks, close to the stable-door—he then whipped the cloth, untied it, and Taylor woke up, and put down the small bundle of hay on Stokes' shoulder, he carried it into the stable, and returned; and then Taylor put another bundle on his shoulder, and he carried that in—I saw Reynolds in the stable at the time the hay was carried in—I went to the stable, but the door was shut and fastened—I returned to the house, and took Turner and Stokes into custody—there was another person named Pratt; the first I saw of him was under the cloth—sergeant Peopell went up, and brought him down; he was not assisting the others; he did not interfere with the hay at all.
Cross-examined by MR. PAYNE. Q. Did not Taylor say it was the first time he had ever taken any, and it was only a little he had left for his horses? A. Yes, he said all this, one word after another.
NOT GUILTY .
GUILTY . Aged 22.— Confined Twelve Months.
SMITH* pleaded GUILTY . Aged 19.
COE* pleaded GUILTY . Aged 21.
Transported for Seven Years.
JAMES CANTER . The prisoner was my potman; it was part of his business to receive money, and to come home and pay me on Saturday night—he did not pay me this money, nor account for it—I did not see him for four days afterwards, till he was in custody—he had one guinea a month, board and lodging, and a halfpenny a pot on all the beer he sold—he sold a great deal of beer on board the Hulks.
Prisoner. I received money on board one ship, and on the other they did not pay me—I lost 1l. 18s. by one emigrant ship. Witness. I allowed him to give credit; I took account of what he sold, and what he brought back—if he gave me the names of the men he trusted, I should look to them for payment—he paid me every Saturday the money he received during the week, but he did not come home that Saturday—the money that he says he lost by the emigrant ship was a week before this; he had no business to go on board the emigrant ship—my orders were for him to go on board the Hulk.
GUILTY. Aged 22.—Recommended to mercy by the Jury. — Confined Six Weeks.
THOMAS BRUMSDEN . I am a carpenter, and live at New Brentford. I employed Froomes to work with me on my premises, on 28th April—I had some lead sash-weights in my nail-room—he could get there from where he was working by going up a ladder, which was inside the wash-house—I had seen the weights safe a day or two before he was at work there—I missed them on 5th May—I made some inquiry, and went that day to Goodman's house, and asked him if he had purchased any sash-weights, and described them—he said he had not—I said I had found a place where they had been offered for sale—I then left, and went away about a hundred yards—be called me back, and said he had purchased these seven sash-weights; he laid them on the counter, and asked if they were mine—I said they were—he said he had bought them, and given 1d. a 1b. for them.
Cross-examined by MR. COCKLE. Q. He keeps a shop? A. Yes; articles of this sort were exposed for sale—I did not look in the shop-window—I cannot say whether these weights were there, they might have been—he came out in the middle of the road, and called me back—be was right opposite his shop—he had not these weights in his hand when he came out; they are rather heavy—he was released on bail, and has surrendered to-day.
EDWARD FIELDEN (policeman, T 157). I heard of the robbery on 5th May—I found the prisoner on 16th May—I knew where his friends lived; I passed there several times, but did not see him—when I took him, I told him it was for stealing some leaden sash weights of Mr. Blundell—he said he should tell the truth about them—I then went to Goodman's, he had the weights—he said he had given 1d. a lb. for them—he gave me this book, and said all that he had bought for twelve months past had been entered in it; this lead is entered in it, but no price put to it.
NOT GUILTY .
OLD COURT.—Tuesday, June 17, 1851.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; Mr. Ald.
HUNTER; Mr. Ald. WIRE; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Second Jury.
GUILTY .** Aged 35.— Transported for Seven Years.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
ROBERT PACKMAN (City-policeman, 133). In consequence of information I received, I went on 24th May, about 12 o'clock, to the premises occupied by Mr. Webb, a silk-manufacturer, the prisoner's employer, 7A, Basinghall-street. Mr. Hawkins's premises are No. 7—there is a passage between, and a door into it from the premises of each—it is not a public passage—Mr. Hawkins is a chemical manufacturer—I found the prisoner in the warehouse, and told him I wanted to speak to him in the presence of his employer—we then said Mr. Hawkins had lost some calicoes, and the prisoner was suspected of stealing them; he said he knew nothing about it, and should have no objection to let us search his house—we went there, and found his wife in the bedroom tying up a parcel on the floor—the prisoner stepped quickly towards her, and whispered something which I could not hear—they both seemed confused—I took the bundle, it contained two large pieces of calico—Mr. Hawkins examined it, and said it was his—the prisoner's wife said she purchased it in Whitechapel—the prisoner said, "Yes, that is right; I know she purchased it"—I went the same day to 16, Charles-square, Old Gravel-lane, and found the prisoner's mother-in-law, Mrs. Jones—I got from her about 20 yards of calico, cut up into shirts and chemises—Mr. Hawkins claimed it—the prisoner was not with me.
Cross-examined by MR. PARRY. Q. Does the passage run between the two houses? A. It is one house divided into two, each communicating with the passage. I found, in Mrs. Whittaker's drawers, pieces of calico which had been used—here are the two parcels (produced)—one came from Mrs. Jones, and the other from the prisoner—there are three doors opening into the street—it is a very large house, and there are a number of passages—the passage is boarded, and there is a door at the end of it, which is open during the day and shut at night.
SARAH JONES . I am the wife of James Jones, of 16, Charles-square, Old Gravel-lane. The prisoner is my son-in-law—on 24th May, some calico was found at my house by a policeman—it had been in my house five weeks—I received it from the prisoner's wife—she was alone when she brought it to me.
Cross-examined. Q. Do you know of the prisoner's wife purchasing calico at Whitechapel? A. Yes, frequently; I have been in the habit of going with her to purchase calico when she used to receive her money—she obtained her livelihood by making it up into shirts, chemises, and little things for children—I used to make up articles for her, and assist her—there was nothing
extraordinary in its being found on my premises—I had been in the habit of making for her three, four, or five years—the last time I purchased calico with her was about five weeks before the property came to my house—I purchased sixteen or twenty yards with her at the Hen and Chickens, a draper's shop in Whitechapel; I have been in the habit of purchasing calico of this sort with her for five years, and making it up—my husband is a waterman—the prisoner has been married to my daughter-in-law between eleven and twelve yean—I have known him five or six years, and never heard a whisper against his character—he was porter to Mr. Webb, and was living on his premises to take care of them, with his wife and five children—he has been living there about two years.
MR. RYLAND. Q. The calico had been on your premises three, four, or five weeks? A. Yes, longer; I should say six weeks—it was cut out for making when it was brought—it is now partly made up, but I had to wait till Mrs. Whittaker could purchase the linen.
JOHN MARK BULL (City-policeman, 151). I went with Packman and Mr. Hawkins—I saw the calico found—Mr. Hawkins identified it—I saw the prisoner very uneasy, endeavouring to pass something to his wife—I seized his hand, and found this key, which fits the door from the passage into Mr. Webb's premises, from whence there is a door which leads into Mr. Hawkins's room; after the prisoner was remanded, I went back, and minutely searched the premises, and found several keys—I took the key from the kitchen-door, and tried it to Mr. Hawkins's warehouse-door—it opened it—it is a kind of side-door into the passage.
Cross-examined. Q. How long had the prisoner been in custody when you say he appeared uneasy? A. Five or six minutes—there is nothing particular in this key; it is a common one—the house has been all one, but has been divided off—I did not try this key to the other doors—it does not correspond with the other key I found.
JOHN SEYMOUR . I am warehouseman to John Hawkins and his two partners—they are calico-spinners and manufacturers. In consequence of information, I have taken stock, and missed sixteen pieces altogether, worth 12l.—I have missed six of them since I made my deposition—we have a great quantity of calico from Manchester—it comes in bales of so many pieces each—the door from the warehouse in the passage leads into the interior of Messrs. Webb's warehouse.
Cross-examined. Q. Had not you taken stock before you gave your evidence? A. Not the whole—we were obliged to write to Manchester several times—I have said the amount of the loss was 7l. 14s. 7d.—we compared the letters and stock accounts we received from Manchester with the goods we had in London—there are from 1,500 to 2,000 pieces of calico in the warehouse—the average price is 1l. each—we supply five houses, from whence our calicoes are distributed to all the retail shops—it would be very difficult to find a shop in London where they are not.
JOHN HAWKINS . I am in partnership with two others in Basinghall-street. The prisoner was in the service of Fuller and Webb, in the adjoining premises—I accompanied the officers to search, and saw the calico found in a bundle, which the prisoner's wife was tying up—this is it—it is mine—I know it by the finish and make, by the fibre—this is not a whole piece, and our pencil-mark is not here—I only know it by the finish—I form the same judgment of these other pieces—there are five or six different qualities.
Cross-examined. Q. How many pieces of calico do you sell in the year?
A. Thousands; I am certain this has been in our warehouse—I could tell it wherever it came under my eye.
(The prisoner received a good character.)
NOT GUILTY .
MR. RYLAND offered no evidence.
NOT GUILTY .
NEW COURT.—Tuesday, June 17th, 1851.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. LAWRENCE; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 33— Confined Two Months.
1258. THOMAS CAUCUTT PEDLER , stealing 1 pair of trowsers, value 14s.; the goods of Charles Samuel and another: and 1 counterpane, and other articles, 6s.; the goods of Joseph Lane: and 1 waistcoat, 18s.; the goods of John Bell: to which he pleaded
GUILTY . Aged 21.— Confined Four Months.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 24.— Confined Twelve Months.
NOT GUILTY .
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
JOHANNA BECKHAM . My brother, John King, keeps the Black Swan, in Little Carter-lane. On 12th June the prisoner came for 1d.-worth of gin—I served him—he gave me a shilling—I gave him change, and he left—my attention was drawn to the shilling he had given me; I had not put it into the till, but put it on one side—it was bad—the bar-maid came in—I showed it to her, and put it on the table in the bar-parlour, by itself—the bar-maid called me out in about ten minutes, and I saw the prisoner again—I said, "You are the person who was here before and gave me a bad shilling"—I put the shilling down—he said, "Did I?" and he took it up, and gave me a good one for it—a policeman came in, and took him—the bar-maid gave the second bad shilling to the policeman.
HARRIET BROWN . I am bar-maid at the Black Swan. Mrs. Beckham told me something, and described a man—the prisoner afterwards came in for 1d.-worth of gin—I noticed him—he gave me a bad shilling—I went to the parlour and spoke to Mrs. Beckham—she came out, and said the prisoner was the man who was there before and gave her a bad shilling—she put it down—
he took it up, and gave a good one—I kept the shilling he gave me in my hand, and gave it to the policeman who took the prisoner.
THOMAS MIDDLETON (City policeman, 452). I took the prisoner at the Black Swan—I found one bad shilling and one halfpenny in his hand—Brown gave me another bad shilling—these are them—I took the prisoner to the station—he gave me a false address and reference.
Prisoner's Defence, I did not know the money was bad.
GUILTY . Aged 85.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JON., conducted the Prosecution,
ANN KNIGHT . My husband keeps the Old King's Head, High-street, Islington. On 4th June the prisoner came for a bottle of stout—I served him—he put down a sovereign—I counted him 19s. in change—he took up the sovereign and said he was only to give 6d. for it—I told him I could serve him a pint for 6d.; but he said he was to have a quart bottle for that—he then said I knew the price better than he did, and would I change it if it was wrong—I said, "Yes"—he put down the sovereign again, took up the 19s., and left—as soon as I got the sovereign into my hand I discovered it was bad—I ran after him, and called to him—he looked round, and ran away—I sent a boy after him, who called a policeman—the prisoner was brought back—I gave the sovereign to the policeman.
Prisoner. Q. Were there not many other persons there? A. There were two standing there, who I have since heard belong to you—I did not give the sovereign to them—when you were brought back you threw down the 19s.
EDWARD JEFFRY (policeman, N 359). I was passing through Islington-Churchyard, and saw a boy in pursuit of the prisoner—I followed him into a water-closet, and found him sitting on the seat—this bottle of stout was on the seat—I took him, and found on him 19s., which he said be had received in change for the sovereign, and also half-a-crown and some coppers—I afterwards received this sovereign from Mrs. Knight—the prisoner gave me an address—I inquired there, but could find no such person.
GUILTY . Aged 22.— Confined Twelve Months,
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
MARY ANN GROVER . My husband is a licensed victualler, at Hounslow. On 2nd June, between 11 and 12 o'clock in the evening, the prisoner came in—there were ten or a dozen persons with him—they went into the taproom—the prisoner then came to the bar, and asked for 2d. worth of gin—I served him—he gave me a sixpence—he called for 2d.-worth more—I put the sixpence on a small shelf by the side—another then came and called for a pint of beer—he laid a bad sixpence down—I discovered that it was bad, and the prisoner said, "I will pay for it, and that will make my sixpence right"—I said, "I must look at your sixpence"—I found that was bad—my husband called a policeman—there was a scuffle between the prisoner and the others, and a shilling fell on the floor—the officer took it, and I gave him the sixpence.
Prisoner. It was a soldier that called for two glasses of gin. Witness.
No; the soldier said, "I will treat you because you are an Irishman;" and you said, "No, I will give 2d.-worth to some one"—I took particular notice of you; I could tell you from 500—you and the other persons all came in together.
THOMAS HARCOURT HAY (police-sergeant, T 31). I was on duty in the Staines-road—I heard something the matter in this public-house, and I went in—Mrs. Grover said this man had passed a bad sixpence—I took hold of him—there were several persons, and there was a scuffle—I saw a shilling drop from the prisoner's right side—I took it up—this is it.
Prisoner. I was in liquor; I gave a sixpence, not knowing it was bad; I took it the same evening; one of the persons in the tap-room dropped this shilling; I know nothing of it.
GUILTY . Aged 32.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
ANN WEATHERBY . My husband keeps the Half-moon, at Brentford. The prisoner was there on Monday night, 2nd June—he asked for a pot of beer; I drew it—there were two men with him; two of them paid me 2d. a piece for the beer—the prisoner then asked me to give him a half-crown for 2s. 6d.; I did, and he put down 2s. 6d.—I tried, and found one of the shillings was bad—I demanded my good money back for the 2s. 6d.; he denied having it—I at last got it back, and he left—it was after 12 o'clock at night—the bad shilling has not been out of ray possession, except the time the officer had it; it was then in my sight all the time—this is it.
Prisoner. Q. Did not you mix my money with some other? A. No; my husband did not snatch the half-crown out of your hand.
JOSEPH SAVAGE . I keep the Coach and Hones, at Hounslow. On 3rd June, between 3 and 4 o'clock in the morning, the prisoner came to my house, and asked for a pint of beer or porter—I served him, and he put down a half-crown on the bar—I saw it was bad, and I told him that would not do for me—I called a policeman, gave him in charge, marked the half-crown, and gave it to the policeman—the prisoner paid me with a good shilling.
GEORGE HEWITT (policeman, T 55). I was on duty, was called in, and found the prisoner—Mr. Savage showed me this half-crown, and said the prisoner had attempted to pass it—I took the prisoner, and found on him five shillings, four sixpences, some halfpence, and this galvanic battery—I took him to Brentford, and Mrs. Weatherby came and identified him—she showed me this marked shilling.
Prisoner's Defence. I started from London to go to Ascot; I called at public-houses, where I showed this machine, and got a few shillings; I got some drink, and did not know that I was passing bad money, or that I bad it; I have got my living by this machine for some time.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
served to him; he paid with a bad half-crown; my servant took it, and gave it to me; I broke it in half, and told the prisoners I thought they were both smashers—Clewley put himself in a fighting attitude—I dosed the door, and sent for a policeman—when the policeman came, Jones attempted to swallow the largest part of the half-crown, but the policeman prevented him, and took both the pieces.
WILLIAM JACKSON (policeman, F 58). I was called to Mr. Parish's, and took the prisoners—I asked where the pieces were, and some person who stood by said Jones had got one in his mouth—I seized his neck-handkerchief, and he spat it from his mouth; the other part I took off the counter—I searched Clewley at the station, found on him this counterfeit half-crown, and 5s. 6d. in good money; and on Jones six shillings.
Clewley. I had been to a pawnbroker's, and he gave me five half-crowns; I did not know that any were bad; the officer has got the ticket of the article I pawned.
JONES— GUILTY . Aged 21.— Confined Twelve Months.
CLEWLEY GUILTY .* Aged 22.— Confined Eighteen Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
JESSIE VINCENT . My husband keeps the Sun and Half-moon, in Broad-street. On 18th May the prisoner came, and asked for a pint of beer; I gave it him—he paid roe a bad half-crown; I gave him change, and he went away, leaving his beer partly undrank—I found the half-crown was bad, and sent after the prisoner; he was given into custody, brought up to the Thames police-court, and discharged—I gave the half-crown to the officer.
Prisoner. Q. Did yon not put it into the drawer? A. Yes, but not in the bowl where I usually keep silver, having a suspicion of it—it was scarcely a minute between my taking it and giving it to the policeman.
DANIEL PRESCOTT (policeman, K 211). Mrs. Vincent gave the prisoner in my charge, and this half-crown—he was taken to the Thames police, and discharged—the half-crown was shown to the Magistrate, but was not out of my sight—it was given hack to me—this is it.
ELIZA HUNT . I am the wife of Thomas Hunt, a provision-merchant, in Whitechapel-road. On 26th May the prisoner came, and bought 2l.-worth of eggs—he put down a shilling—I put down 10d. on the counter; he caught up the 10d. before I could take up the shilling—he went out with the eggs and the 10d.—after he was gone, I found the shilling was bad—the officer was at the door; I gave it to him.
Prisoner. I gave the servant the shilling, and you tried it with your teeth, and threw it into the till with other shillings. Witness. No one touched it,—it was never out of my hand.
GUILTY . Aged 22.— Confined Six Months.
WHITE pleaded GUILTY .* Aged 53.— Confined Twelve Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
ANN CLARK . I am bar-maid at the Half-Moon and Seven Stars, Ratcliffe-highway. On 13th May, the prisoners came in together, and went in the tap-room—Costello came out, and called for a pot of beer; he gave me a shilling—I gave him a sixpence and 2d., and put the shilling in the till—he went in the tap-room again, and played a tune on his flute—he afterwards came and called for a glass of gin-and-peppermint; he gave me the same sixpence I had given him, and had his change—soon after White came out, and said, "Give me a pot of porter, and give me as good a pot as you gave the other man"—he gave me a shilling—I put it in my mouth, which he did not see—I found it was bad, but being in the bar by myself, I was afraid to say so—I said, "Go in the tap-room, and I will give you your change in a minute"—he went in and came out again, and said, "Give me my change"—I said the shilling was bad—he went to get a sixpence to pay, and while he was gone I went to the till, and found the shilling there was bad—there was no other shilling there—Costello came out of the tap-room, and I said it was a bad shilling he gave me—he said I was a liar, and he cared not for any Magistrate, or anybody; they could not hurt him as he had no more money—I kept the shilling in my hand, seized White, and said, "I will give you into custody"—I called to a cabman on the rank to get an officer.
Costello. Q. Who came in with me? A. Two more men—I gave you all in charge—my mistress is my aunt; she was up-stairs—she had been out of the bar about two hours before you came in—I kept no money in the till; I had plenty of copper—I took the sixpence I gave you out of my pocket—I swear you gave me that same sixpence again, because I noticed it—it had no mark on it, but it was good—the pot-boy did not serve you with the first pot of beer—I served you—the pot-boy did not bring out a sixpence for the first pot—you did not bring the beer out in the pot, and ask me to change it.
JAMES STOCKLEY (policeman, K 66). I was called—Clark gave me these two shillings; the prisoners were in the tap-room—I asked Costello what he meant by tendering such money as that—he said he had not tendered it—I said, "Have you any more?"—he said, "No more bad money"—I found on him four good sixpences, and 6d. in copper—during that time Lellish said, "Here is another shilling this man has just thrown away," and handed this shilling to me.
JOHN LELLISH . I am potboy, at the Half-Moon and Seven Stars. I was in the tap-room when Costello was taken—I saw White drop a piece of paper—I took it up and said, "Here is a bad shilling"—the policeman opened the paper and took it out.
Costello. Q. Did you not bring me in a pot of beer? A. No. WILLIAM WEBSTER. These shillings are all bad—the one dropped by White is of the same mould as the one uttered by Costello.
Costello's Defence. I never gave any shilling; I called for a pot of beer, the pot-boy brought it me; i gave him sixpence; we could not drink it; I took it to the barmaid, and said, "This beer is not fit to drink"—she said, "I will change it for you;" I said, "Let me have half a quartern of gin"; I gave her a sixpence, and she gave me 2d.; she put the beer in the sink, and drew some more; I said, "Here is not so much as I gave you;" she then drew some more; I took it into the tap-room, and heard no more till the policeman came in; I had no shilling to give.
COSTELLO— GUILTY . Aged 60.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN. conducted the Prosecution.
DANIEL MAY (City-policeman, 357). I was on duty in Fleet-street on 9th June—I saw the prisoner and a female—I followed them to Half Moon-street, Piccadilly—they passed by a public-house kept by Mrs. Robinson—the prisoner left the female, turned back, and went into the public-house—he remained there two or three minutes, came out, and he and the female went off together—I went into Mrs. Robinson's directly, and she showed roe a bad shilling—I pursued them—they went to Sun-court, to a public-house kept by Mr. Roberts—I went in, and found the prisoner had passed a bad shilling there—I told him I should take him for passing bad money—he said, "Where?"—I said, "Here; and in a house in Half Moon-street"—he said he had not been in Half Moon-street—I took him back to Mrs. Robinson's, and she recognised him—he said, "Did not you put it into the till?"—I found on him 1l. 1s. 10d. in silver, and 8d. in copper, all good—he gave his address No. 19, Hill-street, Peck ham New-town—I made inquiries there, and they knew nothing about him.
Cross-examined by MR. PARRY. Q. How far is Half Moon-street from Sun-court? A. About fifty yards—I was in plain clothes—I never knew him to be in custody.
ISABELLA ROBINSON . I keep a public-house in Half Moon-street. On 9th June, the prisoner came there between 7 and 8 o'clock in the evening—he had a glass of brandy and gave me a bad shilling—I took it up, put it into the till, and gave him 9d. change—he drank the brandy, and went out immediately—May came in, and in consequence of what he said I took the shilling from where I had put it in front of the till—there were sixpences and 4d.-pieces—I cannot be certain whether there were any shillings—I had not taken any money from the time the prisoner came for the brandy till the officer came in—I have to open the drawer when I put money in, and this shilling was in front.
Cross-examined. Q. You have a division in your till for the silver? A. Yes; in order to put silver in we open the drawer a little and throw it in—I gave the shilling to the officer.
JOHN ROBERTS . I keep the Bunch of Grapes, in Sun-court. A little after 7 o'clock, in the evening of 9th June, the prisoner came in with a female—he called for a quartern of gin—I served him—he gave me a shilling—I tried it and told him it was bad—he said, "Dear me; is it?"—he gave me a good shilling—I gave him the change, and he said, "Let me see the shilling"—a policeman was standing behind, and he said, "Keep the shilling, and I will take him into custody"—I marked the shilling, and gave it the policeman—it was in my hand till I gave it him.
Cross-examined. Q. What would the gin come to? A. Fourpence.
GUILTY of passing the second shilling. Aged 48.— Confined Six Months,
WILLIAM CHINNERY MITCHELL . The prisoner was in my employ about six weeks, to cast cement chimney-pots. About 24th April, I missed this chimney-pot mould—the prisoner was about to leave me at the time—I might have seen it safe about a fortnight before—he had been using it to cast chimney-pots—I had two of these moulds—they were kept in the shop where the prisoner worked—I have examined this mould—I am positive it is mine—I did not speak to the prisoner about it when I missed it—I left instructions
—I did not see him when he fetched his tools away—I had previously missed four bolts or screws belonging to the chimney-pot which he had in use—he denied knowing anything about them—I afterwards found them secreted—he kept his tools in that shop, but they were outside the shop when he was about to take them away—I did not see him go away—he went in the morning before I came—he did not work every day latterly; he came backwards and forwards as he pleased—his work was piece-work—I saw my mould at Messrs. Dikes and Wingall's nearly three weeks afterwards—in consequence of what Mr. Dike said, I went to the police, and had the prisoner apprehended—I had two moulds—the prisoner provided one—he came to me for the express purpose of making some large pots, but one mould not being sufficient to keep him employed I desired him to make another.
Cross-examined by MR. BALLANTINE. Q. Is the one that you say he stole here? A. Yes; this is it—I know it by its general appearance, and by having it years by me in use, and by the bolts being wrought by hand, and of rather a peculiar description—I compared it with another one—when new it was worth 3l. or 4l. it is now worth 2l.—I saw it about a fortnight before missing it—I saw the prisoner using it in the shop—he bad brought a mould of his own much larger than this, and perhaps more valuable—I should say it was as good quality as mine, but it wanted the bolts to make it complete—he has taken it away—I have one other besides this—to the best of my knowledge, I do not owe him a farthing—the third week that he was with me I advanced him a sovereign—he has never made any claim against me for wages—he left me on 19th April—I gave him in custody about three weeks afterwards.
Q. Am I to understand that he never made any demand for wages? A. He made a demand on the Saturday night, if you please, but I would not give him any—he did not make a demand for any sum; he wanted wages for what he had done that week—I have never paid him anything for what he did that week—he came again on the Monday; I refused to give him his wages then—I do not know that he threatened to summon me; he was very abusive—he has not summoned me—he did not come to me on Tuesday: he came and fetched his tools—I did not hear that he had again demanded his wages; he could ask no one but me, and I was not there—I do not recollect that Staines told me that he came for his wages, he told me he had been and taken his tools away—I will not swear that he did not say he had come again for his wages; he might have said so—I did not see him on Wednesday, Thursday, or Friday—I have not heard of his coming—I met him in the street afterwards, but he did not speak to me, nor I to him—I never heard of his going to the Rochester-row Police-court about me—I do not know that I told Mr. Dike that I owed the prisoner money, but I would not pay him—I might have told him so—I did not pay him, because his work was not finished—I did not tell Mr. Dike that I owed him money, but would not pay him—I will swear I never made use of such words—he had done about three days work that week—I might have told Mr. Dike I owed him the three days' wages—I will swear, as far as my memory serves me, that I never said to Mr. Dike, or any one else, that I would not pay him—he did three days' work that week, and did not do the work properly, and I would not pay him.
THOMAS DIKE . I am in partnership with Mr. Wingall, a builder—the prisoner first came to work for me about 8th or 9th April—he began to cast chimney-pots about 1st April—he told me he should bring some moulds—I cannot say when he brought them, but they were there in the week that he began work—they were his own, as far as I know—he said he was at work
for Mr. Mitchell, and he could come and fill the moulds for me, and go to Mr. Mitchell's and fill his—there were three small moulds; I did not take particular notice of them—some time afterwards there was a large one there—he worked for me about five weeks—he left the moulds at my place; some of them are there now—Mr. Mitchell came to my place and claimed one of them: I believe this is it—the prisoner came to me the following week, and said be had taken a place to do work on his own account—he asked me if I would purchase a mould; I said I did not want one, but I would let him have a little money, and he could come and work it out—I advanced him 2l. but not with an intention of keeping the mould—it was one of the moulds that the prisoner left that the prosecutor claims.
Cross-examined. Q. Had you known the prisoner any time? A. Two years—I always heard he was an honest straight-forward man—the whole of this was done very openly—he told me I might have one of the moulds—if he did not pay back the 2l. it was my intention to have him back the following week—I had no talk with Mr. Mitchell; be took me to his shop, and showed me the fellow mould to this—he said the prisoner bad not finished his work—I cannot swear that he said anything about owing him money—I think he said he had not come to any settlement, and should not till after the pot was fined over—the other moulds on my premises are about the same size and value as this, but not the same pattern.
JAMES STAINES . I applied to the prisoner at Mr. Mitchell's request, and asked him where the mould was that was in the shed when he went to work; he said he knew nothing about it—this mould is Mr. Mitchell's; I have known it two or three years, by moving it from place to place, and by the bolts.
MARK LOOMES (police-sergeant B 11). I took the prisoner at North-end, Fulham—I told him it was for stealing a cast-iron chimney-pot mould at Mr. Mitchell's—he said he had bail it cast; I think he said at Mr. Simpson's, and produced the receipt.
Cross-examined. Q. Is this the receipt he produced? A. Yes; and he had two or three other receipts in his band—he wished to go to Mr. Simpson's; I took him there, and he made a statement there—Mr. Simpson said it was not the receipt for this pot, it was for some other.
(The prisoner received a good character).
NOT GUILTY .
PHILLIS REED . I am the wife of a policeman. I was directed to search the prisoner at the station on 22nd May—I found on her this little Testament, and this French cambric handkerchief, with Valenciennes edging round it—it was in a little bag attached to her pocket—I gave it to the inspector—he said to her, "Is it your's?"—she said, "Yes"—he said, "Where did you buy it?"—she would not tell, nor when she bought it.
ANN HARRIS . I am the wife of George Thomas Harris; we live at the White Lion, St. Giles'—the prisoner was my servant—she was given in custody on 22nd May for robbing the till—she was discharged at the police-court—the constable came back with her, and gave me these things, which are mine—the policeman pulled the book out of her pocket, and gave me—she begged me not to prosecute her, and I have since received a letter from her—I do not think she can write.
the book back to the prisoner by the inspector's request—I took the prisoner to her mistress's house—she said she intended to give her the handkerchief back—she took the book out of her pocket, and said, "Here is your book; I don't want that."
Prisoner's Defence, I was charged with stealing 7d. out of a pint pot; I was given into custody and discharged; I was then charged with stealing these things; I took the liberty of using the handkerchief on Sunday afternoon, with the intention of returning it; when I was given into custody I went up-stairs to return it, and my mistress said I had no business there.
NOT GUILTY .
OLD COURT.—Wednesday, June 18th, 1851.
PRESENT—Mr. Justice COLERIDGE; Mr. Baron PLATT; Mr. Ald. LAWRENCE; and RUSSBLL GURNBY, Esq.
Before Russell Gurney, Esq, and the Third Jury.
GUILTY . Aged 28.
(Stephen Thornton, policeman, stated that he found a watch at the prisoner's house which has been identified by a Mr. Peacock, who is since dead, who had been robbed of it, with a pocket-book and thirty-one sovereigns, by two men.)
Transported for Fifteen Years.
GUILTY . Aged 32.— Transported for Seven Years.
MR. BODKIN offered no evidence against Sarah.
NOT GUILTY .
Before Mr. Justice Coleridge.
MR. COOPER conducted the Prosecution.
SAMUEL HULME DAY I am a wine-merchant, of 21, Pudding-lane. In March last the prisoner called on me, and wished to have a sample of champagne—he said he came from Read and Co., of Bath—I believe some samples of champagne were shown him—he requested to have a sample sent to a party in Oxford-street—two or three days afterwards he called again, and purchased three cases, the same as the sample—it came to 15l.—he requested me to draw on Read and Co., of Bath, and to send the bill to the place where I sent the sample—he said he was staying in London for a short time—I drew a bill on him, and sent it to the address he gave me; this is it —(this was dated 28th March; drawn by Samuel Hulme Day, and Co., on Read and Co., Bath, for 15l., payable at six months; accepted, Thomas Read, jun.—I received it back again, accepted as it is now, in this letter, which was part of the envelope—the prisoner afterwards brought this delivery order for the purpose of having the name altered from Reid to Read—I altered it, and we delivered it to him.
Cross-examined by MR. PARRY. Q. Did you yourself see him each time? A. Yes; Read and Co. had dealt with me, it might be twelve months before—I had never seen the prisoner—he said, "You will draw on us for the amount," not on me, as far as I recollect—I have never had any doubt that
the prisoner is the person who came—I saw him on two occasions—I have preferred this charge myself—I have been asked, but I did it of my own accord—I was not before the Magistrate—I was asked to go before the Grand Jury—I had not intended to go—I thought there was sufficient on the former charges to convict him—it was in consequence of the failure of two other prosecutions that I went before the Grand Jury; the solicitor called on me, and asked me to do so.
MR. COOPER. Q. Mr. Tamplin is the solicitor? A. Yes; he was so in the other cases.
WILLIAM CALIAN . I was porter to Mr. Day. In March last, I carried a bottle of champagne to Oxford-street—I think it was No. 559; I took two notes with it—I delivered one with the bottle, and brought this one back—it is the counterpart of the other.
Cross-examined. Q. Did you see Mr. Read? A. No; I saw Mr. Jones, who kept the house—he signed the note.
JAMES JONES . I am a papier-mache manufacturer, at 458, Oxford-street. In March last, the prisoner came to me—one or two letters were delivered at my house for him: he called for them—I took in a bottle, which looked like champagne, and signed this order for it—this is my writing—next day the prisoner called for the bottle, and took it away.
JOSEPH RICHARDSON . I am clerk to Messrs. Wilkinson and Stennet, of Botolph-wharf. That is a bonding-wharf—the prisoner came there on a Saturday in March, the 29th, I think, and handed me this delivery-order—I handed it to the head-clerk—on the face of it, it was deliverable to Reid and Co., but it was indorsed Read and Co., and the head-clerk told him so—he said he would get it altered—he took it, and left; he returned with it in about 10 minutes, corrected, with the initials "S. H. D." to it—upon that I handed him the warrants, and he gave me this receipt (produced)—I saw him write it.
THOMAS READ . I am a wine-merchant, of Bath, and am the twin-brother of the prisoner. I am here by subpoena—he was in partnership with me—he left five years ago—since then he has lived with me, and assisted in the counting-house some time—he left to go abroad about a year and a half ago—I do not think he went; I never gave him leave since he left, directly or indirectly, to sign acceptances—I should say this "Read and Co." to this acceptance is my brother's writing, and this note also; but I should say this "Read and Co." on the back of the delivery order is different.
Cross-examined. Q. Do you mean that it looks like your brother's writing, or do you mean to pledge your oath it is his? A. From the knowledge I have of his writing, I should say it is his—our partnership was dissolved in 1846 by a deed; he came down again in 1849, and stayed about a year and a half—he came to assist in the business—he did not keep the books altogether, I kept them principally—he was not allowed to give orders; he used to take orders—he did not give orders in my name except I gave him leave—I may have given him leave to give orders, but not to any extent—he was not in the habit of drawing bills, I swear that; not to my knowledge—I would not pledge my oath to it unless I was certain—my business is wholesale and retail—while my brother was with me, he received nothing specific for his services, not as a salary—I appeared as a witness to handwriting against him on two former trials—I came on subpoena then—after those prosecutions had failed, this bill was preferred—I have a partner; his name is Danger: he was subpoenaed, but is not here—I was asked on the last occasion whether I had a partner.
MR. COOPER Q. When did he join you in partnership? A. On 31st March—he never knew or saw the prisoner—I never gave the prisoner any order to purchase champagne for me—he lodged and boarded with me.
GUILTY Aged 35.—Recommended to mercy by the Jury. Confined Two Years.
Before Mr. Justice Coleridge and the Fifth Jury.
MR. RYLAND conducted the Prosecution.
HENRY LINCH . I occupy chambers at 7, Stone-buildings, Lincoln's-inn, with my brother-in-law. On Monday or Tuesday evening, 5th or 6th May, I accompanied a lady to a house in Rupert-street, Haymarket—I gave her a sovereign, and passed the night there with her; between 10 and 11 o'clock next morning, we were both in the room—I was preparing to leave—I came out of the room with my coat on my arm—the prisoner came in—I had not seen him overnight—he bowed, and asked where I was going—I said I was going away—he said, "You are not going that way; you must give some money"—I said, "What money?"—he said, "You have got 5l. to pay me before you go"—I said I had not got 5l.; all the money I had got I had given already—he said it was better for me to do so, or I should meet with more annoyance; he and the girl then spoke in German some few minutes, and then he said, "Let me have 2l., and you may go away"—I told him I had no money—he left the room for a minute, and the girl told me it was better to settle with him quietly, for he was a bad temper—he did not go far from the door, but returned, and asked what I was doing in London without money; that I should have either money or friends, and if I wrote a letter he would skip it to my friend—I wanted him to let me go, and I would go with him and give him the money—he said no, he should have the money before I should leave the house—he brought in a portfolio, told me to write a letter to a friend, and he would skip it, and when he got the money he would let me go—I wrote a letter—he left the room with it, locking me in—the place was in Regent-street, very close, and he returned in 10 or 15 minutes, and said the person was out, but he would call again, and would take care I should not leave the house till he got the money—he went out again, returned in about 20 minutes, and brought a letter from the person I had written to, open, and said that would not do, and if any one knew me he would take my good: I understood he meant a bill, and that he bad plenty of money, and would lend me the money himself—after some time I asked him, and he agreed to come out with me—I wanted to get outside the house—I was putting on my over-coat—he took hold of it, and said, "No; you don't take that; when you give me the money, I will give you the coat"—the coat was left there—we went to a tailor in Regent-street, where I had formerly had some clothes, and where I had written the letter to—the prisoner stopped outside the door—I had some talk with the foreman—the prisoner came in, and wanted the foreman to give him 2l. or a piece of cloth, and if I did not pay for it, he would next day—the foreman said he had no money belonging to his master, and told me, if he annoyed me, to charge him with the first policeman—we left the shop, and he wanted me to get into a cab, and go off and get the money—I said, "No; if you persist in annoying me, I will charge you"—he remained a few steps behind—I had not gone many steps, when a policeman came up to me, and said I was charged by the prisoner with stealing a cheque for 2l.—I went with the policeman to the
station—the inspector told the prisoner he refused the charge, and be had better be careful of his conduct—I said he had kept my coat; a policeman was sent for it, and brought it back—there were three letters gone from the pocket—I refused to charge him with stealing them, not wanting my name to be known—I went away, leaving him at the station.
Cross-examined by MR. CLARKSON. Q. Is Henry Linch your name? A, Yes; I am not the Hon. Mr. Lawrence, of St. James-street, of 11th Hussars—I have been in the army, in the 97th regiment—I left it about nine years ago—my age is about twenty-nine—I have been three months in London—I came from Ireland—I did not describe myself to the girl as the Hon. Mr. Lawrence, of the 11th Hussars—I do not know anybody of that name—she knew my name to be Linch, because she took some letters out of my pocket and read them—I had never seen her before—I met her at 9 o'clock at night, at the corner of Regent-street—I was alone, coming from Brook's Club, in St. James's-street; I cannot tell you the number—I am not a member there—I went to see a friend, but did not see him—I went direct from Regent-street to Rupert-street with the woman—I bought two threepenny cigars on the road, and changed a half-sovereign—I had a sovereign and a half—I gave a sovereign to pay for the entertainment I had—the woman wanted me to have some wine, bat I would not—I have not subpoenaed her—I have seen her here—the prisoner told the inspector he was living with her—he did not complain that I had not paid her—I wrote to my tailor, because I did not want my friends to know it—if I had had 100l. I would have given it to get away—I told him I had no money—I bad half-a-crown, but he wanted 2l.—he did not assault me at all—the wine was not procured—I had some coffee—I thought there was something in it, and only took half a cup—I told the woman who brought it I could not drink it—I had breakfast there in the morning—I took very little of it—this took place on the first-floor—there were windows—it is most extraordinary that I did not call out when I was shut in—I asked the girl to let me out—she said she could not, and dare not—I was in the army three years—I was an ensign.
NOT GUILTY .
(MR. RYLAND offered no evidence.)
NOT GUILTY .
(MR. RYLAND. offered no evidence.)
NOT GUILTY .
Before Mr. Baron Plait.
MR. CAARTEEN conducted the Prosecution.
MARY VICTORY . I am the widow of William Victory, a plasterer; we lived at 6, Dobney's-place, Pentonville. On Monday, 21st March, I was out at work—I was sent for home, about half-past 4 o'clock, and found my husband had gone to the hospital—he came home between 8 and 9 in the evening, very ill—his face was very much cut under the right eye—he went to bed—he went to his work next day, for fear of losing it, but came home early, about half-past 4, and complained of pain all over him—he said it was the last day's work he should ever do—he left his bed next day to go to the
hospital, and came home and went to bed again—he was very ill indeed, and said he was afraid he never should get better—(the COURT considered that the statement of the deceased could not be given, it not being proved that he was under a certain apprehension of death near at hand)—I was present at his death, on 7th May—Mr. Butler had been called in on Good-Friday night, and attended him till he died—his general health was very good; he never was under a doctor before—about a year and a half ago he had a ladder drop on his shoulder, and the day he took to his bed he lost the use of that arm, and never lifted it again.
Cross-examined by MR. HORRT. Q. Was not he in the habit of drinking? A. He was not a drunkard by any means; he liked his beer in his work—when he went out on the Wednesday morning he had his eye bound up—I fear he caught a severe cold, fur when he returned, at 8 o'clock, he was swollen blind—I heard him say, just before his death, that if it pleased God to take him, he wished nothing to be done to the prisoner, for it was his own fault—I upbraided him with it, and he said he would not wish the world to know it was the hand of a woman that had done it; that there were faults on both sides, and he wished me to say nothing about it; and I did not, though I am the sufferer, for I have four little ones—he said it was his own fault, by allowing the loss of blood to be so much; he ought to have gone to the doctor before, but he never went to him till he could scarcely stand.
WILLIAM EMBERSON . I am a plaisterer, and live at 38, Penton-street I knew the deceased—I was with him on 31st March, at the Two Brewers, 50, White Lion-street, Pentonville—he was plaistering a copper in the yard—Daniel Bickerstaff was there, and George Emberson, my brother—the deceased was there first; he was in liquor—the prisoner came in in liquor, and fell down in the yard in a sort of swoon—she said, "Where is my Bob?" meaning a plaisterer named Jefferys, the deceased's wife's brother—the deceased said, "B—r your Bob, and you too"—she said, "I will smash Bob's head, and yours too, you b—y thief, I will"—Victory took a mallet by the bead, and gave it to her, saying, "There is something to do it with"—she was about a yard from him, and instantly threw it at him in a great passion—it struck him on the right eye—she did not appear to fling it with any force—she appeared very sorry when it was done—the blood spirted out of it, but not much till he bathed it with cold water, and then the blood ran—he seemed very passionate after the blow, and kicked the pail of water over—she offered to bathe his eye, but he would not permit her, and did it himself—she said if she could do him any service, she would; and if 5s. was of any use to him, she would give it him next day; and offered to wipe the blood off his face with her handkerchief—he bathed it about an hour; there was a great deal of blood, and he kept squeezing it, and making a fountain of the blood.
GEORGE EMBERSON . I am the landlord of the Two Brewers. I saw the deceased with blood running from his eye—he remained in the house upwards of three hours—I went with him to the hospital, at Mr. Butler's suggestion—I saw the prisoner at the door—I had not known her before—she was drunk.
WILLIAM BUTLER . I am a licentiate of the Apothecaries' Company, of 74, Chapel-street, Pentonville. The deceased was brought to me on 31st March, between 6 and 7 o'clock in the evening—he had a contused wound
under the right-eye, about three-quarters of an inch long—I probed it—it was bleeding profusely—I stopped it, and sent him to the hospital in a cab—this mallet would produce such a wound if thrown in the way described—on 18th April I was sent for about, 8 o'clock, and found him in bed, with typhoid symptoms, and suffering from extreme exhaustion—an abscess was forming in his neck—the wound was looking tolerably healthy; it bad not closed; the bone being denuded, it was nearly closed—I saw marks of leeches over the spot where the abscess afterwards formed—leeches would be employed to get rid of inflammatory action—I ordered him medicines—erysipelas came on three or four days afterwards, which formed an abscess on the arm—he went on from bad to worse, became delirious at night, diarrhoea set in, and he died on 7th May—I made a post-mortem examination—the brain and membranes were perfectly healthy, and so were the viscera of the chest and the heart—there was congestion of both lungs—the lifer was considerably enlarged—I do not think he had any disease which would have killed him—I attribute the enlargement of his liver to drinking; I do not think, that had anything to do with his death—the bowels were healthy—I examined the wound, and found the bone bare—in my judgment, the cause of death was the diarrhoea, which was produced by the typhoid fever, which was produced by the low state he got into through the loss of blood.
Cross-examined. Q. Are not congestion of the lungs and enlargement of the liver, signs of a person being in the habit of drinking? A. Certainly—I think I should have found the brain healthy if the blow under the eye had been the cause of death—there is no reason why it should not be—I believe all the symptoms were caused by the blow under the eye—I do not remember such another case—the erysipelas and diarrhoea would not have followed a severe cold caught after drinking: as much as a blow under the eye, not in the way they did follow—pus forming tinder the jaw was the first thing: that might have resulted from a severe cold after drinking.
COURT. Q. Was the abscess on the neck on the gland? A. On one gland—inflammatory action of the glands is a very common result from cold, but not to that extent—I could not judge what blood had been taken from him by the leeches—congestion of the lungs would be a likely consequence of severe cold; typhoid fever sometimes results from severe cold—I taw him in a state of delirium, he was delirious several days before be died—I cannot state positively that the cause of death was the blow under the eye.
NOT GUILTY .
Before Mr. Justice Coleridge.
HENRY BAILET LTNGHAM . On 18th May I was house-surgeon at Charing-cross Hospital—the deceased was brought there on 18th May—she had a cut on the forehead half-an-inch long, and about half-an-inch deep, as if produced by some blunt instrument; this iron bar (produced) would have done it—I dressed it, but did not deem it sufficiently serious to detain her—she came again the next morning; the wound did favourably up to the Wednesday—on Friday, 23rd, I was sent for to No. 2, Taylor's-buildings, about 8 o'clock in the morning, and found her there dead—I made a post-mortem examination, and found congestion of the vessels of the brain, and effusion of serum under the membrane, there was no fracture; the heart was enlarged, the stomach, kidneys, and liver were diseased, but the lungs and other organs were healthy—the immediate cause of death was the effusion of
serum on the brain—the symptoms in the stomach, liver, and kidneys, were indicative of habitual intoxication—that habit might account for the appearance of the serum which was the cause of her death, and it would account for the congestion of the brain—taking all the circumstances together, I think it probable that the blow on her forehead accelerated her death—such appearances of the brain might have followed an injury of this kind in a person given to those habits, and also in a person not given to those habits—it is impossible for me to say from what cause death took place, whether from the injury or the intoxication—if I had not heard of the injury, and had found her stomach, kidneys, and liver in the state I did, I should conclude that her habits were habitually intemperate, and that would account for the appearances I found on the brain—I could not say that the blow, if she received one, hastened her death—she may have died sooner from it.
CAROLINE EATON . I am the wife of John Eaton, 3, Taylor's-buildings. On 18th May, between 2 and 3 o'clock in the afternoon, I was sitting at the step of our door, and beard a person at No. 2, say, "For God's sake go up-stairs! there will be murder done"—I went there to the first-floor, and saw the deceased, who I only knew by the name of Betsy, standing on the threshold—I saw the prisoner strike her on the forehead with a poker; she staggered, and I put her in the corner of the window—I took the poker out of the prisoner's hand, chucked it into the fire, and said, "You wretch, you will kill the woman; what business have you to use an unlawful weapon?"—she made no answer—my mother came and got me away—I returned with a policeman, who took the prisoner—this is the piece of iron she struck with.
Cross-examined by MR. PAYNE. Q. Who was in the prisoner's room? A. Her child, ten or eleven years old, and a young woman with her baby under her arm—I did not hear the beginning of the quarrel—it was not the prisoner's child that struck the blow—she had either a poker or tongs, I would not say which—the deceased had not got the prisoner by the throat while the child struck her—I have had no quarrel with the prisoner.
ELIZABETH MOODY . I am the mother of the last witness, and live at 3, Taylor's buildings. On 18th May, about 3 o'clock, I saw the deceased, Elizabeth Allen, sitting on the step of her door, No. 2—the prisoner, who lives in the same house, passed in with a pail of water in her hand—I then missed Allen from the door, and heard words in the passage between them, and a splash of water—my daughter went up-stairs—I afterwards went up, and saw Allen bleeding; she said, "Oh, she has killed me"—I was taken very ill, and was obliged to come down—on 23rd May, I saw Elizabeth Allen dead in her room.
Cross-examined by MR. WOOLLETT. Q. How many persons were there? A. Allen, my daughter, and a female named Gentlin, I believe, with her child.
JAMES COLTWAITE (policeman, F 168). I was called, and found the deceased at the street door of No. 2, bleeding from a wound in the head—she said she had been struck by the prisoner with a poker, and requested me to take her into custody—I went to the prisoner's room, and told her the charge—she went on her knees, and begged I would, not take her, and said it was the child that did it—I saw the child, it was a girl about 11 years old; I think she was tall enough to have reached the woman—on the way to the station, the prisoner said it was something which had been accumulating between them for the last six weeks—she said something similar, to some women who were in the room—there was great confusion—she was not sober.
COURT. Q. Did she say the deceased and she had been quarreling? A. She said they had been working up this for the last six weeks—I saw no blood on the poker—Eaton pointed it out, and said she took it out of the prisoner's hand.
JOHN KIRKLAND . I lived with the deceased, at 2, Taylor's-buildings. Her real name was Elizabeth Temple; I am not married to her; she went by my name mostly; she was called Allen sometimes—the prisoner and she had been on the wrangling system four or six weeks.
Cross-examined by MR. WOOLLETT. Q. How long have you known her? A. Ten years; her parents name is Temple.
HENRY ATTWOOD (policeman, F 152). I took the prisoner—she said, "I am as innocent as a child unborn," and said she had witnesses to prove it—(The prisoner's statement before the Magistrate was here read, as fallows—"I can't but say the truth: on Sunday afternoon last, about 3 o'clock, I went to empty a pail of water; Allen, who is dead, was sitting at the street-door, and called me very bad names; I went up, and in a minute or two Allen came up into my room, and said she would do what she had meant to do some time; she seized me by the throat, and kicked me in the thigh; my child took up the chair and struck her, and the blow fell on her head. Caroline Eaton came up, and challenged me to fight; she threatened to do something to me which would lay me on a bed of sickness; my thigh is all bruised now."
MR. WOOLLETT. Q. You have quarrelled with her, have you not? A. No; a party connected with her ill-treated me on the Monday, and I was in the hospital three weeks.
Witnesses for the Defence.
MART GETTAN . I am single, and live at 8, Nag's-head-court, Drury-lane, I sell things in the street—I was present at the commencement of the quarrel between the deceased and the prisoner—the deceased laid hold of the prisoner by the throat, and the little girl said, "Will you strike my mother?" and went to the fender, took hold of the poker, and struck the deceased across the forehead—I was in the room, by the fireplace, and saw it distinctly—I did not see the prisoner strike the deceased; I did not see the poker in her hand at all; I must have seen it if she bad it; I can distinctly state that she had no poker at any time.
Cross-examined by MR. CLARKSON. Q. Where is the little girl? A. I do not know—the prisoner had a pail of water in her hand, she threw it over the deceased—Eaton could not have taken a poker out of her hand—I have been in trouble for being tipsy, nothing else—I was never charged with, or in prison for, felony—I have been in prison a good many times, more than ten times; I do not know whether it is twenty—I only know the prisoner by living in the court—I went there when I came out of gaol—I am 19 years old.
MR. WOOLLETT. Q. What were you imprisoned for? A. For some assaults, and for being tipsy—when the prisoner threw the pail of water over the deceased, she put the pail down, and ran into her room, and laid hold of the prisoner by the throat.
GUILTY of Assault. Aged 37.— Confined Two Months.
NEW COURT.—Wednesday, June 18th, 1851.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; and Mr. Ald.
Before Mr. Recorder and the First Jury.
1280. HENRY ERLE , feloniously uttering a forged request for the delivery of 3 reams of paper, with intent to defraud Edward Saunders; also, a request for the delivery of I box of almonds, with intent to defraud Samuel Hanson: to which he pleaded
GUILTY . Aged 28— Confined Six Months.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 33.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
EDWARD HENRY HATCHETT . I am apprenticed to Mr. Blake. I was on his premises at Enfield on Saturday evening, 17th May—there is a stage in the brewery, and a hopper, where the malt is when it comes from the mill previous to its going into the mash-tub—I saw the hopper that night, between 8 and 9 o'clock—there was then about eight quarters of malt in it, and the surface of it was level—it was to be used in business on the Monday morning—on Sunday morning, between 11 and 12, I went with Collins to examine it, and about a bushel was gone, and the surface of the malt had a hole in it—it was not in the even state that it bad been before—the prisoner was in Mr. Blake's employ, as under-stage man.
Cross-examined by MR. COCKLE. Q. What becomes of the malt after being used? A. It is thrown out of the mash-tub into a pit, and sold for grains for pigs or cows—the men were at work on that Saturday night—they did not leave till' about 12 o'clock—I cannot tell how many persons were in the brewery that night, for I was gone to bed between 10 and 11; about twelve men are generally employed there—they leave at different times—some were out with drays.
MR. PAYNE. Q. Where is this hopper? A. Just over the mash-tub—the draymen do not go there at all—the prisoner and the stage-man had access to that part.
CHARLES LANGLEY NORMAN . I am under tun-man at the brewhouse. On Sunday morning, 18th May, I was in the brewhouse, about 9 o'clock—I went up to the stage to weigh the beer, which is done by an instrument—the hopper had then about eight quarters of malt in it—the prisoner was on the stage with a man named Hummerston—I have not seen Hummerston since; be had been on the premises the day before to assist the prisoner—the upper stage-man was not there that morning—he had been there late at night, till about 4 in the morning.
Cross-examined. Q. This malt that was in the hopper was, of course, to be used in the brewery? A. Yes; the prisoner was in charge of the hopper when the other man was not there—if anybody wanted malt for the purposes
of the brewery, it would be their duty to go to the stage-man—the other man who was not there was George Gold—he was up till 4 o'clock on Sunday morning.
ALFRED BLAKE . I am a brewer and maltster, and live in Baker-street, Enfield. The prisoner was in my service about eighteen months—a man named Hummerston was employed there as a casual man—the prisoner asked me, before I went out on Sunday morning, that Hummerston might be there to assist him—the prisoner had no right to take any malt out of the hopper on that Sunday morning, it was not wanted; I saw him about eight o'clock on the Sunday morning, and again next day at the Magistrate's office.
ASILET HOLT . I am a surgeon. My house is next to Mr. Blake's brewery—on Sunday morning, 18th May, I was in one of my rooms between 10 and 11 o'clock—there is a field belonging to me at the back of my house—a person could get from Mr. Blake's back premises into that field—I saw in that field a man carrying a sack, with some heavy material in it, over his shoulder, and he was running gently—he had no business there—he was coming in a direction from Mr. Blake's, and going towards a lane running parallel with my house—I sent my servant after him and I went out at my front-door, and turned up the lane—I saw the same man with the prisoner in the lane with the sack—the prisoner had never been in the field; I asked the man what business he had to carry the sack across my field—they both replied that it did not belong to them, but to a man who had run across another field—I said, "I shall keep the sack and its contents myself, if you disown it"—one of them then said he should take it to his master, a farmer close by, Mr. Woodhouse—at that time, Mr. Woodhouse was coming down the lane, and then the other man said he should take it to his master, Mr. Knight—just as Mr. Woodhouse came up, I believe they saw him—they then reclaimed the sack; and as they did so, I challenged them with the contents of it, and one of them said it was sawdust—the prisoner then said, "It is nothing but pig's victuals"—he put his hand in, and pulled some out—it was ground malt, or barley—I said I should follow them no further, if they would give one their correct names—one of them gave me a name which I cannot recollect, it was not Hummerston nor Pennick; and the other gave the name of Tom Challis—they went away together—I know Churchberry-field—there is a bridge there, called the river-bridge—I lost sight of the men after they left me, from the road winding; but I afterwards saw two men, whom I believe to be the same men, with the sack—as near as I could tell, they were near the bridge which is over the New-river.
Cross-examined. Q. You do not know which it was made use of the name Tom Challis? A. No; when I first came up to them the sack was on the ground, then one of them took it up and put it on his shoulder—but the prisoner had it on his back when he put it down, and showed me the contents—I saw the prisoner again the same day, at Mr. Blake's.
JOHN GARDENER . I am in the service of Dr. Holt. On Sunday morning, 18th May, he called my attention to a man crossing the field with a sack—I went after him, out of the door facing the field—I had to cross the lawn first; when I got in the field the man was just getting over the palings—I went up to the palings, and I saw the man with the sack, and another person, I cannot say whether it was the prisoner—I asked the man with the sack what he did on our premises—he said he had not been there—I said, "Nonsense, I saw you carry this sack, and drop it here to this other person"—he said, "No such thing; the man who dropped this sack is gone round the corner"—at that moment my master came up and told me to go for a policeman, and I went away.
Cross-examined. Q. How far had you gone before you saw the second person? A. I could not see him from the field—he had on a dirty white smock-frock, and a dark cap with a peak—I had only lived in Mr. Holt's service four days; I did not know a person in the place.
JOHN COLLINS (police-sergeant, N 24). On 18th May, I examined Mr. Blake's premises; I afterwards searched in Mr. Knight's field, near the New River—it is a very large field—I found near the bridge about a bushel and a half of malt in a drain, it was covered with turfs and weeds—I took the prisoner at Mr. Blake's—I sent Mr. Blake's clerk for him—I have searched for Hummerston, but could not find him—Mr. Holt recognised the prisoner immediately—when the prisoner came to me he was dressed differently to what he is now—he was in his Sunday-clothes, of a darker colour.
ALFRED BLAKE re-examined. I saw the prisoner that morning—as far as I remember, he was dressed in a smock-frock—his work would make him rather dirty; he had to work amongst the coals—he usually wore a blue cap with a peak—I cannot say what he wore that morning—I have examined this malt, and to the best of my belief it is the same that was in the hopper—it appears to have been ground by the same mill—I had such malt as this in my hopper on the Sunday.
Cross-examined. Q. Had you looked at the hopper yourself on the Sunday? A. No; Hummerston was employed there as an occasional hand—he had only been employed about three weeks before this happened—on that day the prisoner stated the necessity for some other hand being there—I believe he asked me if he might have Hummerston, but I would not be positive—I understood who he meant, because Hummerston was the only odd hand that we had about then.
EDWARD HENRY HATCHETT re-examined. To the best of my belief this malt is the same as was in the hopper—it corresponds in quantity with what was gone—I ascertained there was a bushel gone by the look of it—the hopper contains eight quarters or more—here is about a bushel in this sack.
GUILTY of Receiving. Aged 18.— Confined Four Months.
1284. CAROLINE JORDAN , stealing 5 pairs of cuffs, and other articles, value 1l. 9s. 6d., and I sovereign and a half; the property of Mary Rushton: and I shawl, and other articles, value 3l. 7s. 6d.; the property of Jane Elizabeth Rushton, her mistress: and CHARLOTTE JORDAN , feloniously receiving the same: to which Caroline pleaded
GUILTY. Aged 15.— Judgment Respited.
MR. PAYNE conducted the Prosecution.
MARY RUSHTON . I live with my mother, Jane Elizabeth Rushton, in Mile End-road. Caroline Jordan was in my mother's service about three months—she was discharged about April—while she was there some things were missed—Charlotte Jordan is her mother—before Caroline had left, her mother brought to our house some lace cuffs, a habit-shirt of mine, and a pair of shoes of my mother's—Charlotte said she did not know the things were at her house, except the shoes, and her daughter told her the shoes had been given her—on the day that Caroline left, her mother came for her, and brought some more cuffs and collars belonging to us, which had been missed while Caroline was there—my mother told Charlotte that it was very funny or strange that she should not know that they were stolen goods—I do not recollect what answer Charlotte made to that—my mother told her of some other things
that were missing, and she said she would bring back what were at the house, but she never came again—on the Saturday before we went before the Magisstrate, I went to Charlotte's house, at Stratford, with my mother and Miss Williams—we asked her why she had not brought the things back—she said she had not anything in the house belonging to us, to her knowledge—Miss Williams said she would fetch a policeman; we went to the station and got one, and went with him to Charlotte's other daughter's, at West Ham, in consequence of what Caroline had said—we there found some silk, and some edging—we were then going to Charlotte's house again, and we met her near the station—we went and searched her house, and found a purse and a chain, with a gold snap, a netted blind, some muslin and edging, and a habit-shirt, which had been missed while Caroline was with us—when the purse was lost, there was 16s. in it—the purse and habit-shirt belonged to me, and the other things to my mother—there was a parasol top and some ear-drops found in Caroline's box—the. netted blind and the edging were found in Charlotte's room, and the other things in the back-room—I don't remember that the mother said anything when the things were found.
Cross-examined by MR. ROBINSON. Q. You were examined before the Magistrate, did not the mother say that she did not know they were in the house? A. Yes; she came before the daughter left, and brought some things, and said she did not know they were in the house—when she came to fetch her daughter away, she brought some more things, and asked if they were ours; and then the daughter said that some things were taken to her married sister's, at West Ham—we went there, came back to the mother, met her, went to her house, and found some things there—when Caroline left our situation, she went to her mother—her mother goes out charing.
CHARLOTTE JORDAN— NOT GUILTY .
MR. W. J. PAYNE, conducted the Prosecution.
WILLIAM YORK GREEN . I live in Norway-street, St. Luke's. The prisoner lodged in my house about eight weeks—she occupied a furnished, room, the first-floor back—she came on 8th March, and on 2nd May I went to her room with a policeman—she was in the room—I took the inventory of the things contained in the room, when she took it, and read it over to her—I asked her where certain articles were—she said some she had broken, and she had pawned the pillows, blanket, quilt, sheets, pillow-cases, and flat-irons—the value of the things is about 1l. 15s.
Cross-examined by MR. ROBINSON. Q. What are yon? A. A book-seller. The prisoner told me she intended to redeem them.
JAMES HOLLIS . I am shopman to Mr. Peachy, a pawnbroker, in Goswell-street. I produce these pillows, sheets, patchwork, and other articles pawned by the prisoner—I gave her these duplicates (produced)—I made them all out but one.
Cross-examined. Q. Has she pawned things and redeemed them? A. Yes; I knew her as a regular customer, pawning and taking things out.
JOHN HAYNES (policeman, G 166). I went with the prosecutor into the prisoner's room, on 2nd May—the prisoner gave me these five duplicates in the room, which relate to the property produced—I took her to the station, where I received some more duplicates from Mrs. Hayward, the female searcher.
MR. GREEN. These articles are mine, to the best of my knowledge—I can swear to this patchwork—the prisoner professed to be a blouse-maker.
JAMES BRANNAN (police-inspector). I produce a certificate of the prisoner's conviction at this Court—(read—Convicted Aug., 1846, and confined one year)—I was present—she is the person—it was for making a false entry in the register-book, of the death of her husband, to obtain money from the Duke of Portland—she has since been convicted at the Middlesex Sessions.
Prisoner. My husband has been a dreadful bad husband to me; his father was drawing-master in Haileybury College, and by that means he got acquainted with some of the nobility, and made me write to them; he has turned me out of doors at midnight, with my child at my breast.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Twelve Months.
BURTON pleaded GUILTY . Aged 23.— Transported for Ten Years.
THOMAS BELL . I am a joiner, and am employed at the Eastern Counties Railway. On 8th June, between 11 and 12 o'clock at night, I was coining over London-bridge—Johnson accosted me—I walked with her about ten minutes—by Hart-street, near Mark-lane, I stood in conversation with her, and felt her hand in my waistcoat pocket—I was quite sober—I instantly seized her hand, and found my watch in it—there was a silver guard-chain to it, which was broken—the chain was left round my neck—here is part of the handle of the watch, which was left in my pocket—while I was taking the watch from Johnson's hand, Burton came up behind me, and seized me by the throat—Johnson passed something to him—I bad not time to see what it was—Burton said to her, "Cut on"—she ran away—Burton threw me down on my back—he had hold of my need, and I had not much power—I just caught the kerb-stone—foe started off—I jumped up, and pursued him—I called, "Stop thief!" and he was stopped by the officer—this is my watch—he ran fast, about 700 or 800 yards, and then doubled, and turned back.
HENRY BURWOOD (Thames policeman, 37). I was passing down Crutchedfriars—I saw two females running from Hart-street into Mark-lane—after they had gone, I saw Burton running from the same direction, and Bell following him, crying, "Stop thief!"—I ran, and took the prisoner at the corner of John-street—he asked me what I wanted with him—Bell said, "I want the watch that the girl stole and gave to you"—Burton said, "What will you stand if I get it you?"—Bell said it was an old family thing, and he would not mind giving him a crown—I said I would not allow it—I found this watch in Burton's hand.
Johnson's Defence. I am innocent.
Burton's Defence. This is not the woman that gave me the watch.
THOMAS BELL re-examined. I have not the least doubt Johnson is the woman—this happened on Sunday night, and on the Tuesday night saw her in a house in the Mint—she was drinking with two men—when I went in I said, "That is the person I want."
JOHNSON— GUILTY . Aged 20.— Transported for Seven Years.
(The COURT directed a reward of 10s. to be paid to Burwood.)
THIRD COURT.—Wednesday, June 18th, 1851.
PRESENT.—Sir JAMES DUKE, Bart. Ald.; Mr. Ald. FINNIS; Mr. Ald. LAURENCE; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY .* Aged 22.— Confined Twelve Months.
GUILTY. Aged 29—Recommended to mercy. — Confined One Month.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 15.— Confined Four Months.
1292. ELIZABETH JANE PEISS , stealing 2 petticoats, 2 handkerchiefs, and other articles, value 16s.; 8d.; the goods of Charles Lake, her master: also, 2 handkerchiefs, and other articles, value 4s.; 8d.; the goods of David Cato M'Crae, her master: to both of which she pleaded
GUILTY . Aged 16.— Confined Six Months.
1293. JAMES DODD , embezzling 3l.; 2s.; 3d.; the moneys of Alfred Meek Abbott, his master: also, stealing 48 lbs. of horse-hair, value 1l.; 4s.; 2d.; the goods of Mary Clarke: to both of which he pleaded
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 29.— Confined Two Months.
GUILTY . Aged 31.— Confined Three Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY .† Aged 19. Confined Twelve Months.
was ray carter—on Wednesday night, 22nd May, he had to bring a load of hay from my place to London—I placed myself in a cart-house, where I could not be seen, and saw the prisoner go to my stable, bring out some loose hay, and put it into his cart, which was already loaded—he had no business in that stable; he had a truss of hay already on his cart for his horses, to come to London with—he then went to the back-part of the premises, and brought a truss of clover hay, which he also put on the cart—he then got on the cart himself, and placed it about on the cart—he then went away to his stable, and in about an hour brought his horses, shut them to the cart, and started for London—I followed him about 100 yards, and stopped him directly he got out of the yard—I kept him till the policeman came, and then gave him in charge—in the cart I found a quantity of clover hay, and the meadow hay behind, and there was the regular allowance for the journey besides—the prisoner said he would rather pay than be locked up; it was the first time he had done anything of the sort—I afterwards missed hay from my loft.
Cross-examined by MR. BALLANTINE. Q. How far is Harmondsworth from London? A. Fifteen miles—I had no character with him, I hired him at a fair—I have several other servants.
GUILTY . Aged 21.— Confined Two Months.
PHILIP ROBERT NEWMAN . I am a tailor. The prisoner was in my service—on 19th May I examined my stock, and missed thirteen waistcoat pieces—I communicated with the police, and after the property was found at the prisoner's mother's I gave him into custody, and charged him with robbing me—he said he had only taken one bit of a waistcoat-piece—I told him it would be better for him to tell me the truth—these waistcoat-pieces (produced) are mine.
Cross-examined by MR. CLARKSON. Q. Did you not say to him, "I know you have robbed me, and it would be better for you at once to tell what you have taken?" A. It did not occur in that order—I made the remark that it would be better for him to tell the truth, but I cannot swear at what period of the transaction it was—I have several other young men in my employ—I discharged a person named Carney, just before, for robbing me—I think the prisoner succeeded him—that was five or six weeks before I charged the prisoner—I had not taken stock in the mean time.
JANE MARY ANN HUGHES . I am the prisoner's mother. On Tuesday afternoon he brought home these two pieces of waistcoating, and said he had got them of a young man out of place, who wanted something on them—I gave him 3s.;—I asked if they were his master's, and he said, "No"—I afterwards gave them to Blunt.
(The prisoner received an excellent character, and George Fender, a baker, of Nine Elm's-lane, offered to employ him.
GUILTY. Aged 19.—Strongly recommended to mercy by the Jury. — Confined Six Weeks.
OLD COURT.—Thursday, June 19th, 1851.
PRESENT.—Mr. Justice COLERIDGE; Mr. Baron PLATT; Mr. Ald. MOON; and RUSSELL GURNET, Esq.
Before Russell Gurney, Esq., and the Fourth Jury,
GUILTY .* Aged 21.— Confined Six Months.
GUILTY . Aged 12.— Confined One Months.
(She received a good character, and her grandmother engaged to take her, believing her to be the dupe of an elder person.)
Before Mr. Justice Coleridge.
1302. JAMES ROGERS, alias William Cox, feloniously cutting and wounding Timothy William Strange, with intent to maim and disable him; also, stealing—lbs. weight of bacon; the goods of Job Clark: to both of which he pleaded
GUILTY . Aged 25.— Transported for Fifteen Years.
NOT GUILTY .
Before Mr. Baron Platt.
MESSRS. CLARKSON and PARRY conducted the Prosecution.
WILLIAM MARKS . I am a labourer, in the employ of the East and West India Dock Company. I work at the warehouse of the Company, in Jewry-street, Aldgate—it was part of my duty to hand trays of samples to brokers or their clerks who came to look at samples of indigo—there was a show of indigo there on Monday, 5th May, prior to the public sales—they generally came on after the show—I was employed on that day handing trays of samples to the different brokers who came to look at them—I knew the prisoner, as attending the shows for inspecting the indigo—I was placed there that day by the foreman, to watch him—he came about 9 o'clock that morning—three of us go round to one gentleman—I was selected by the foreman, to stand at the table, which is about two feet and a half wide, as near as I can guess—we generally work ten trays; four of them are at the table, three the men had got who draw the indigo from the chest, and three the men who bring them up to the table—one draws out of the chest, one takes them up to the table, and a man stands at the table, and hands them to the gentleman—about four trays are on the table at the same time, sometimes more—the end of the table comes against the window—there is a screen at the side of it, and there is a table to hold the trays, which are full, and hare not been seen, and the returns are placed on the same table—the party who comes to look at the samples of indigo sits at the table—I have a tray, which I hand to him—as soon as he has seen one tray, I pass that to the end of the table, and pass the other up which he has not seen; I pass that back, and hand him up another, which is one of the four or the six behind; sometimes
there are four, sometimes six—that is not the table where the broker sits, but another table by the side, on which the trays stand, a side table—I take a tray from it, and hand it to the broker for inspection—there are sometimes two, sometimes three trays at a time at the table where the broker sits; only one man hands trays to that table—when Mr. Curtis came on this day to examine the samples, he had a box and a paper parcel; they contained what are called guides—the custom is for the broker to compare the samples shown him from the chest, with his guides—the prisoner came at 9 o'clock, and I began to hand him trays of samples at about 20 minutes to 10—I handed him a tray of samples from chest 6009—the lot 6009 was marked on the tray—he took a piece out of it, and laid it on the windowledge by his side—the table is near the window, for light—his guide-box and paper were then on the ledge of the window—he kept the piece of indigo there about an hour and a half or nearly two hours, till we went on to the first-floor; we were then on the second—he ordered me to take it down, with the other samples—he first went on the second-floor, and saw all he had to see by the catalogues—I showed him some other trays after 6009—he took a piece from lot 6029; that was on the second-floor—I went on showing him others, and he took a piece from lot 6050; I then carried his samples down to the first-floor—I took the pieces he had taken from the different trays, by his direction—on the first-floor I saw him take another piece from lot 95—he took no other pieces but what I have mentioned—be left somewhere, about 3 o'clock—when I brought down the three pieces to the first-floor, which he desired me to bring down from the second, I placed them on the window; he did not desire me to hide them—these are the four pieces he took (produced)—there is a washing-room, where the gentlemen wash their hands after looking at the indigo—before Mr. Curtis left to wash his hands, he put two of the pieces of indigo in the box, and two on the paper where his samples were lying; he ordered me then to tie the parcel up, and bring his box and the parcel to him in the washing-room; instead of doing that, I went down-stairs with it—Mr. Cooper, the foreman, was at the bottom of the steps—I communicated to him what had passed—one of these pieces has a brand, or mark, on it, "J. S. P."—some of the guides are larger, and some smaller than these pieces; some are about the same size—the prisoner was sent for by Mr. Cooper, and Mr. Williams sent for him from the refreshment-room, or he called him in—I took the box and parcel to Mr. Cooper—this is the box (produced)—there were vacant spaces to put the lumps in—these are about the size of the pieces; some were a great deal smaller—all the guides have a price on them, but they are not all so in this box—I should say there were twenty here—all in this box have not a mark—the price is marked on the guides for the purpose of testing the indigo which is shown by me to the brokers—the price is not on all—it is convenient for a man to have the price on the sample he brings, to match against the other.
Cross-examined by MR. BALLANTINS. Q. Here are four pieces of indigo; you brought them down from one floor to another, and afterwards put them into the box? A. The prisoner put two of them into the box, and put the other two down on the paper; I folded it up, by his direction—he placed them on the paper himself, for me to tie up—I knew they belonged to the sampling boxes in the warehouse—I was ordered not to mention that to the prisoner—my orders were from the foreman—my orders were not to fold them up, or to help to fold them up—I was ordered by the foreman, when I was placed on show with him, if he placed any pieces in the box, to let the fore-man know of it, and if be chose to return them he might do so—I have
handed samples in that way to others, but not very often, handing the trays to the table—the prisoner is the first person who has taken samples from trays, and desired me to bring them down to the floor beneath—I never saw it done before to my knowledge, and never knew it done—it did not surprise meat all—I have often worked for the prisoner before—he has attended the sales twelve months, or it might be more, I cannot say exactly—he was constantly attending them—neither with him or anybody else has this happened before to my knowledge—most of the brokers who come have a box of this kind, some larger and some smaller—I never saw one much smaller; they are generally larger—some brokers bring some samples in paper as well, and some do not—we bring out the samples on trays—the indigo is contained in chests in the warehouse—there are thousands of chests there—we do not count the samples we put into the trays to hand to the brokers, it is impossible—we do not count the number of samples in the box of the person who comes to sample—a tray contains about eight or nine squares of indigo—I did not count the number of samples the prisoner had in his box—for the purpose of trying the indigo, they have to take it up and break it—they break the samples in half, and are allowed to do so—indigo is discoloured outside by handling it—it is so coppery that, to know what it is, you must break it—the person sometimes breaks it to see the quality, but in general we get fresh pieces from the chest—we very seldom let the old pieces serve for anybody else—we have to go to the back of the chest to get fresh pieces out—when a clerk is there to examine samples, he takes out one of his own samples and examines it with the sample produced by us—the piece be takes from the trays he puts in again, and the piece he takes from the box he lays on the window along with the original piece—that is what ought to be done—in the general course, it would be his own piece which would be laid on the window—I do not know how many samples there were in tray 6009 when it was produced to him—I do not know bow many there were in the tray at the end of the show; I did not examine—I am able to say one of his samples did not get into the tray, because I was watching for the purpose, and was placed there by the foreman.
Q. Having been put there to watch, do yon mean to say you did not examine the number of pieces before you showed it, and after you showed it? A. I did not; I was present at the table the whole time, within a few minutes, while the prisoner went to lunch, at 12 o'clock—he was there without me for five minutes—when he went to lunch, the pieces were left in the window, without the least concealment—I did not point them out to anybody—I stopped on the floor while my two partners went to lunch—the prisoner went to lunch about 12 o'clock from the first-floor—he came down about a quarter to 12 from the second-floor—I did not call his attention to the samples—when I got them down to the first floor they were laid on the window again, the place where his own samples were usually put—he did not pay me for my trouble—he might have paid the man in the washing-room—I got my 1s., and I believe the other people got 1s.; each; that is usual from the brokers—the four pieces of indigo are worth about 3s.; 6d.—the prisoner is the clerk to a respectable broker, a man who has been at the warehouse for years—I recollect him about twelve months—the weight of the indigo is 11 1/2 oz.—this box is not in the state it was when he brought it; it was full when he brought it—something happened to it on 3rd May—I suppose it to contain something which was received on 3rd May—he did not take the box away on that occasion—he left it there, with neither lock or key—it was in the washing-room—I do not think anybody could examine it—I cannot say
what was to prevent them—the brokers go into the washing-room, and to do the workmen—I take the box in—it was not placed there by me that day, but by the man who was showing him that day—sometimes there are thirty Or forty boxes left there—I took the box to the second-floor warehouse for him, in the state in which I found it—it is left in the washing-room on the dock premises in the ordinary course of business.
MR. PARRY. Q. When do they take the box away? A. At different times; sometimes they have it away between one sale and another—there are other pieces besides guides in the box—it was left on the 3rd, and remained till the 5th—I took the means to be correct about the numbers of the trays—I put the lots from which he took a piece on the top of my cap—I was put there specially to watch Mr. Curtis, and acted according to the orders given to me by my foreman—if I see any broker take a piece from the tray, my duty is to tell him I cannot allow it; if I do, I shall get myself into trouble—I never allowed any of the brokers to take samples from the trays except on this occasion, then I had my orders.
COURT. Q. You say this box contains samples and guides, both? A. Yes; I cannot swear to the pieces, whether they are guides or samples—this piece is a sample—the guides have generally got the price on them, sometimes on a piece of paper, and sometimes a pencil-mark—that is the reason I say they were samples, and not guides—as to their size, they do not differ—this is one of the guides with a pencil-mark.
RICHARD WILLIAMS . I am principal warehouse-keeper at the town ware-house of the East and West India Docks, in Jewry-street. In consequence of information given to me, there was a sample-box or guide-box and guide-paper brought into the refreshment-room—I and Mr. Cooper went to the refreshment-room—the prisoner was invited to come into the room—I laid my hand on the paper which was laid on the top of the guide-box, and said, "Does this paper and box belong to you?"—he said it did—I said, "Do they contain anything which you did not bring in with you?"—his answer was "No"—I said I was sorry to tell him that was not the fact—I am not quite certain whether I asked his permission or refusal to their being opened, but they were opened with his concurrence and in his presence, by Marks, who proceeded to select two pieces of indigo out of the box, and two out of the paper, and named the lot from which each came; the prisoner pointed to three of them, and said, "Those three I brought with me"—they were set apart from the rest—he said he did not know how the fourth came there, and disclaimed any knowledge of it; there is a figure on it in pencil—I did not touch the indigo at all—I do not identify any piece—I said it would be necessary for him to go with me to the secretary of the Dock-house—he went with me—the four pieces of indigo were taken there too, by Marks, who had them in his custody—I know of no authority to brokers or brokers' clerks to take away from the warehouse, or put into their guide-box or guide-paper, any pieces of indigo—the prisoner was then taken to the Dock-house in Billiter-square.
COURT. Q. We understand the box was left behind on the 3rd at the washing-place? A. I do not speak of it myself, but that is the usage—I did not go to look.
WILLIAM MARKS re-examined. This is the piece of indigo, 6050 (pointing to a piece) which the prisoner said he knew nothing about—it has no mark on it, or any writing or figure, that I am aware of—there is a mark which was put on it by the attorney I think—I know the mark made abroad on indigo—there is no mark on this; there is on some of the three which he said he
brought with him—this piece has "J. S. P.," with a "B." beneath—that is no mark made in the warehouse.
MR. BALLANTINE. Q. That is the mark from abroad, is it not? A. Yes; his own samples might have that on them—there is nothing on it to show that it came out of one of the trays—the chest is marked the same, "J. S. P.," with a "B." beneath—that is a mark which comes there every year out of the indigo-merchant's counting-house—there is indigo with that mark on sale once a year.
WILLIAM DANIEL TURNER . I am warehouse-keeper at the East and West India Dock Company's warehouses, Jewry-street. My attention was called to this matter on Monday, 5th May—I was present when Mr. Williams spoke to the prisoner about the box—Marks pointed out to me the four pieces he alleged the prisoner had taken; I have compared them with the chests in the warehouses Nos. 6009,6029,6050, and 95—they correspond, and in one instance, in the brand-mark—I cannot tell you the number of the chest with the brand-mark; but it came out of a chest from the Madagascar—I can tell you the number of the chest, by looking at this paper—it came out of lot 6009—this is a memorandum which I made on 5th May, at the time—the brokers are only permitted to take pieces out of the trays for inspection; it is their duty to return them to the tray; when they have inspected them—I make a distinction between guides and samples—guides are pieces of indigo brought by broken bearing the price of previous sales, or their own marks, I do not know which—they guide them in the inspection of the indigo at our warehouse—guides have a different appearance to samples from the chest; they have the appearance of being handled, a coppery appearance, the Bengal bas—here are several pieces in this box, which appear not to have been much handled, and I should say they are not guides; I cannot undertake to swear they are not, but some are not so fresh as others—they have not the coppery appearance.
Cross-examined by MR. SERJEANT WILKINS. Q. The coppery appearance would depend upon whether they had been much fingered? A. Yes; the object of bringing a guide into the warehouse is, to see whether the samples correspond—they correspond with the chests—the goods are and taken from the Company's chests—if you come from the broker as his agent into the warehouse, bringing a guide with you, you would compare one with the other most narrowly, to see that they corresponded—"they break them Afterwards to see the texture.
COURT. Q. If a broker's clerk goes there for the purpose of inspection, is he allowed to take any pieces away for his principal? A. No; unless he brings a sampling order from the importer—the weight of the sample is then reckoned in the chest—I cannot say what quantity we had with this particular brand-mark—as far as my recollection bears me out, all the pieces in the chest I looked at, or nearly so, were branded—I am not sufficiently acquainted with the indigo mark to know whether the manufacturer of that particular indigo manufactures largely.
JOHN SHIPHARD . I took the prisoner—I asked him his address—he gave it me, it was No. 2, somewhere in Hackney—I went there, and found 15 ozs. of black dye, 8 lbs. of raw cotton, 10 lbs. 12ozs. of rhubarb, 2 lbs. 12ozs. of ivory, 3 lbs. of lignum vitae, and 11 ozs. of indigo.
NOT GUILTY .
Before Mr. Justice Coleridge,
MR. EDGAR conducted the Prosecution.
GEORGE COLE . I look after Mr. Ealey's horses. I know the prisoner; he looked after two horses. On the evening of 29th May, I went to the stable—he brought the horse home, and turned her in loose in the stable, and never gave her any victuals—I asked him the reason—he said it was not his place—I said if he did it again I would give him a slap on the head—he began sauceing me, and said if I touched him, his father would pitch into me—I turned round to give him a slap on the head; I did not give it him, for he laid down, and I tumbled very nigh over him—he had an open knife in his hand, and he ran it right into my leg; he gave me two stabs; I saw him do it—he did it as quick as he was able—he ran away—I laid down, and they took me to the hospital.
Cross-examined by MR. ROBINSON. Q. The moment you fell over him, you felt a stab? A. Yes; I did not struggle on the ground, or give him a cut at all; it was all the work of a moment.
HENRY STEWART . I am a private in the 16th regiment of Hussars, stationed at Hounslow. On 29th of May I was leaving the barracks, and saw a quarrel in the lane—the prisoner was leaving Cole—I said, "What have you done? you have hurt the boy," as there was blood running from his leg—I took him to the barracks.
BENJAMIN MALLAM . I am a surgeon, of Hounslow. I examined Cole, and found between his knee and ancle two wounds, one rather longer than the other—one was directly backwards, and went to the bone, half an inch wide, and a quarter of an inch deep; it could not go any deeper in that part—the lower one was three-quarters of an inch long, and about one-eighth of an inch from the other—it was three-quarters of an inch deep, and downwards, so that it could not have proceeded from the same blow—they appeared like stabs.
GUILTY of an Assault, Aged 15.—Recommended to mercy by the Jury on account of his youth. — Confined Fourteen Days.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
BRIDGET BURNS . I do not wish to prosecute—I am the prisoner's wife—he came home in the evening of 20th May, and told me to go and get some rum—there was one person there, but he went out—several others came in, as we had lost a child—I got from six-pennyworth to half a pint of rum, which was drank among the persons there, and my husband and me, some drank and some did not—when I came back I found nine or ten women in the place—they afterwards left, and me and my husband remained there alone—I had been drinking, and was in a very aggravating temper—he shut the door and called me a bad name—I took up the child—he gave me a slap on the face—I do not know whether that was before or after I took up the child—after that he gave me a kick on the instep, and I fell down—he did not kick me anywhere else that I know of—I was insensible, and do not know—next morning I found myself on a bed on the floor down-stairs—I did not suffer anywhere besides my instep—this is my signature to the deposition—I was sworn before, and signed it—I did not say he kicked me in the private parts, I was never asked such a question—(the depositions being ready stated—"He kicked me on the private parts of my body")—he gave me a kick, and I fell, and the fender was broken where I fell—if I bad been
sensible I should not have been examined, for I would not hare exposed myself so much.
Prisoner. Q. Do you remember falling down-stairs? A. I do not—I might have fallen, for I had been drinking.
MARY CARTER . I live with my husband, at 1, Bell-alley, Golden-lane. I know Mrs. Burns, she lived at No. 6. On Tuesday evening, 20th May, I was in my room, and heard a scream or halloo—I went out, found the prisoner's door wide open, and saw him standing about two yards and a half from his wife, who was lying in a corner of the room near the fire-place—I went up to her; she was quite insensible—I asked the prisoner what was the matter, and he told me to mind my own business—he appeared rather cross—I heard a sort of a drunken groan from the woman three times—she had a little child in her lap—I took it, and then tried to lift her up, but she was too heavy—I asked the prisoner what was the matter, he said she was drunk—the woman's mother came; we raised her up, and found a pool of blood under her on the floor—I got a policeman—the prisoner and his wife had both been drinking that day—I had not been to the wake—I saw him on the Sunday, in liquor—this was Tuesday evening—they are both Irish.
REUBEN WALLACE (City-policeman, 173). I was called; knocked at the door, and was refused admittance by the prisoner—he opened the window and asked who was there; and then said, "Is it you? as it is, I will let you in," and opened the door—I found the woman lying on the floor in a pool of blood, quite unconscious—I sent for a surgeon—the prisoner seemed very much irritated—he was as though he had been drinking, bat was not drunk—he said his wife had fallen down-stairs and fell on a chair.
EBENEZER KIBBLEWHITE (City-policeman, 98). I heard of this matter, and found the woman insensible—she was. removed into a bed—there was a great quantity of blood on the floor—she came to in three or four minutes after I entered the room, and said her husband had kicked her—he said she had tumbled down stairs, and fell against a chair there—she said a second time that he had kicked her—I took him into custody—he had been drinking slightly, but was perfectly conscious, and capable of walking and talking—he was a little elevated by drink.
JOSEPH WOOD MASON . I am a surgeon, of Red Cross-street I was sent for, and found the woman on the floor in a pool of blood, and pulseless—there was an amazing quantity of blood on the floor—four or five pints—her dress was completely saturated—I examined her private parts, and found a small contused and lacerated wound just within the orifice of the vagina, from which blood was issuing—I should say it was occasioned by a kick—I formed that opinion before I asked the facts—the hemorrhage was decidedly dangerous to life—the wound itself would not have been, if there had been means at hand to stop the bleeding—it would have been fatal to a great many persons—she was a strong woman—I stopped the hemorrhage, had a bed brought down-stairs, and laid her upon it—she might have died had she been carried up-stairs—she came to her senses in a few minutes, and I said in the prisoner's presence, "How did you come by this injury?"—she said, "My husband kicked me"—I asked her a second time to make quite sure of it, and she said her husband kicked her—he said she had fallen down-stain on a chair, which he showed me at the bottom of the staircase—I examined it very carefully, and do not think that wound could have been occasioned by it—he said the seat was the part which did it—I attended her about a week—I could tell from her breath that she had been drinking spirits—she was not intoxicated—the prisoner was excited and elevated, but quite conscious.
Prisoner's Defence. My wife received the hurt from a fall; she said she recollected it; we had been drinking for two days, and she was very tipsy; we have three children, who are now in a state of starvation.
MR. MASON re-examined. The first time I heard anything about the woman's instep, was five or six days afterwards, at the Magistrate's room—she said, "He kicked me here besides," and showed the place on her boot—I did not examine to see if there was any wound.
GUILTY* of an Assault. Aged 39.— Confined Twelve Months.
NEW COURT.—Thursday, June 19th, 1851.
PRESENT.—Mr. Ald. MOON; Mr. RECORDER; and Mr. Ald. CARTER.
Before Mr. Recorder and the Sixth Jury.
1307. WILLIAM ROLPH , stealing 2 rings, and 1 spoon, value 19s.; and 1 half-crown, the property of Charles Lucas: also, 1 ring, and 1 watch-guard, 17s. 6d.; the goods of Sarah Cottle: having been before convicted; to which he pleaded
GUILTY . Aged 41.— Confined Twelve Months.
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 19.— Confined Four Months.
GUILTY. Aged 37.—Recommended to mercy by the Prosecutor. — Confined Two Months.
GUILTY . Aged 20.— Confined Four Mouths.
1312. CHARLES MERTON . and GEORGE STAIGHT , stealing 5 account-books, value 5l.; the goods of William Wickham, and another: also, 1 work-box, and other goods, 2l.; 18s.; the goods of John Swaisland: to which
MERTON. pleaded GUILTY . Aged 24.
STAIGHT. pleaded GUILTY . Aged 21.
Confined Twelve Months.
CAROLINE EATON . I am the wife of John Eaton, of Taylor's-buildings, Bedfordbury. On Monday evening, 19th May, I was standing at the corner of Taylor's-buildings with my baby in my arms talking to Caroline Smith—she was stating that she had been ill-treated on Saturday evening by a person named Gantly—I know Gantly by sight, but do not associate with her—I said to Smith it was a shame to ill-treat her—the prisoner, who I did not know, came up and called me a cow, and said he would serve me the same—I said it was a great pity that there was not a policeman there for his sake—he struck me immediately with his fist in my left eye, and struck my baby out of my arms—I fell down, and be began violently kicking me while I was
ton the ground, in the month, and on the top lip—I am sure it was a kick and not a blow—my lip has been sewn up—I tried to get np by a post—he dragged me along the ground—the last time he kicked me by the post I became insensible—when I came to he was gone—I told a policeman; he ran after him—I saw the prisoner go into a public-house by the corner of a court—the policeman went in, and the prisoner ran out at another door—the policeman ran after him, but could not catch him—I was taken to the hospital, and was confined to my bed.
Prisoner. She went to the hospital, and came back, and went to a public-house, and I went in to make an apology to her; she struck me first, and called me bad names.
Witness. I did not go into a public-house—he did not come—I never saw him till the warrant was given—I never called him any names, or struck him.
CAROLINE SMITH . I am single, and live in Taylor's-buildings. On 19th May, I was talking to Mrs. Eaton about half-past 5 o'clock in the evening—I did not see the prisoner till I heard him speak—I was telling Mrs. Eaton that I was ill-used and bitten by Gantley on Saturday night, and she said what a shame it was to ill-treat me—the prisoner was then by my side, and he said, "You b—y cow, what do you know about it?" and said he would knock her b—y eye out—he then struck her in the eye with his fist—she fell down with the effect of the blow—she had a child in her arms which fell away from her—while she was on the ground he kicked her several times on the head—she bad a bonnet on—I saw him drag her—I did not hear him speak—I saw her try to lay hold of him, but she could not—I went for a policeman—she did not say or do anything to provoke him—her lip was laid open, and there was much blood.
Prisoner. Q. Did she not strike me with a key? A. No.
ANN CARTER . I am a laundress, of Dorset-place, Pall-mall. I was going along Bedfordbury on 19th May, and saw Mrs. Eaton at the corner of Taylor's-buildings—I saw the prisoner there—he said he would knock her b—y eye out—I saw him strike her on some part of the head with his double fist—the blow knocked her down, and her child fell from her arms—after the blow, she made a scuffle to try to save herself, but she never struck him—while she was on the ground I saw him strike her with his fist—I did not see him kick her—she got up, and he knocked her down again with his t, and dragged her across the road—I afterwards saw her face; it was very much swollen, and her head too, and she was cut all down the mouth.
SARAH SLOANE . I was standing at the end of the court, by the prisoner's side—Mrs. Eaton did not strike him, or say anything to him—he knocked her down—after she was on the ground he struck her with his fist two or three times—I saw him drag her across to the pork-shop window, and then he knocked her down, and kicked her again—she tried to get hold of a post, to save herself—I did not see him kick her face; I saw him kick her on the head.
HENRY BAILEY LINGHAM . I am house-surgeon at Charing-cross Hospital. Mrs. Eaton was brought there, with a severe cut on the inside of the upper lip—the outer skin was not cut; the inner skin was—it was not a very deep wound—I recommended her to have it stitched up, but she refused, and went away—she was brought to the hospital again in about a week—she Was then suffering from erysipelas from the wound, and an abscess was formed in the cheek—that proceeded from the blow—erysipelas is a very frequent consequence of such a wound—her life was in danger—I took' her into the hospital, and she was there about a fortnight—it was such a wound as a blow,
driving the lip on the teeth, would create—there was a severe contusion on her head, but no incised wound, and there was a severe contusion over the left eye—the face was very much swollen—I saw nothing to induce me to believe she was intoxicated.
Prisoner's Defence (written). I was going into a public-house with a young woman, to whom I had been giving lodgings, on account of her husband turning her out; they wanted to say that I was living with her, which I was not; Caroline Eaton and another young woman were both standing at the corner of the public-house; this young woman with me had been having words with the woman who was with Eaton, and Eaton said, "There she is, the b—y cow;" I asked her directly if she was talking to her; Eaton said to me, "Yes, I am, you b—y sod, and you are no man if you do not take it up;" I said, "If you were a man I would knock your b—y eye out," and as soon as I said the word she gave me a blow on the forehead with a key, which made a wound half an inch deep; she struck me again on the top of the head; I was in liquor, and, feeling exasperated, I struck again three or four times, and she fell down and struck her head against the post; I never kicked her; I was not aware that I hurt her so much as I did; the shoes I had on would not permit of my hurting her, they are country shoes; feeling sorry, I went to make an apology, but she would not receive it, but went and got a warrant for me; (the prisoner's shoes were here produced).
GUILTY on the Second Count. Aged 25.— Confined Twelve Months.
MR. COCKLE conducted the Prosecution.
JOHN JAMES . I was living, on 13th May, in Richmond-buildings. I am a barman, but was then out of place—about 1 o'clock that morning, I was in Compton-street—a woman, who was a stranger to me, accosted me, and wanted me to go home with her; I refused—she walked with me across the road to Little Compton-street, and nudged me up a court—I had a silver watch in my left waistcoat-pocket—I had seen it about a quarter of an hour before—she snatched my watch, and the prisoner and another man came up together, and struck me—this occupied about five minutes, during which time I was trying to get away—one held me on one side, and the other on the other, while the woman took the watch, and ran away—she had not got it out before they came—the prisoner struck me on the forehead with his fist, and I cried out—I did not follow the woman, because the two men held me—they made way, and she passed between them—I tried to catch hold of her, and one of them hit me on my arm—I hallooed out "Police!" and "Murder!"—the prisoner said if I did not hold my tongue, he would make me—they made off; one one way, the other the other—I followed the prisoner, calling out, and saw him stopped one street from the court—I had not lost sight of him—I have not seen my watch since.
Cross-examined by MR. O'BRIEN. Q. When did you take out your watch? A, In Leicester-square, opposite the Hotel De Provence—Hayes's-court is not far from Leicester-square—I nudged the woman to go, but she would not—she did not walk above a yard, and then shoved me up a court—I did not go up the court, hardly—I had never been up there before—when I ran
after the prisoner, he knocked my hat off in the court—I resisted all I could—I was going home—I had been to a friend's in Camden Town, and bad taken supper—I had had nothing to drink but a glass of beer, for my supper—I was not five minutes' walk from home—I afterwards found my hat in the middle of the court, about a yard from where I and the woman entered—the court is not a yard long—it has houses in it—my watch had this steel guard chain to it, fastened to a button-hole—the chain was left—it was not broken—I do not know how the watch came off it—I had not been speaking to any woman that night, and none had spoken to me—no person came up when I called, till the prisoner was stopped—I charged him with robbing me of a watch and two sovereigns—I found my two sovereigns in my trowsers pocket next morning—I thought they were with my watch—I have the same dress on now that I wore then—the woman had not her hand in my trowsers pocket—she did not make a grasp at my watch before I saw the two men—she had not still her arm under my arm—I did not strike her.
MR. COCKLE. Q. When you went back again to the court, did you go alone? A. Yes, I ran alone, after my hat—here is a hook on this chain, which was attached to my button-hole—the watch was on this ring—the ring was not broken that night, it has been broken since.
GEORGE TEED (policeman, T 207). I was on duty in Moor-street, and heard a cry of "Murder!" and "Police!" in a direction from Little Compton-street—I went in that direction, and saw the prisoner running from the prosecutor, who was close behind him—I stopped the prisoner—the prosecutor charged him with violently assaulting him, and assisting in robbing him of his watch—I took the prisoner to the station.
Cross-examined. Q. Does Moor-street lead into Little Compton-street? A. Yes; I know the court where the prosecutor's hat was lost—I do not know the name of it—it is not far from Hayes-court, just on the other side of the road—I did not go to the court—it leads to houses—it is a dark court—I was about 200 yards from it when I first heard the cry—I took the prisoner about 100 yards from it—he had got into Moor-street from Little Compton-street—in going to the station, the prosecutor said he had lost two sovereigns, but he did not charge the prisoner with stealing them—when he got to the station, he found them—it was not the next day—I am sure of that—he was quite sober.
COURT to JOHN JAMES. Q. When was it you found your two sovereigns in your pocket? A. Next morning—I mentioned that night that I had lost two sovereigns; I told the officer the next morning that I had found them—I did not tell him that night.
GUILTY .** Aged 23.— Transported for Ten Years.
THIRD COURT.—Thursday, June 19th, 1851.
PRESENT.—Mr. Ald. WIRE; Mr. Ald. CARTER; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
GUILTY . Aged 16.— Confined Fourteen Days, and Whipped.
GUILTY . Aged 44.— Confined Two Months.
GUILTY . Aged 16.— Confined Twelve Months.
GUILTY. Aged 17.—The prisoner received a good character.—Recommended to mercy. — Confined Two Months.
(There was another indictment against the prisoner,)
GUILTY .* Aged 32.— Confined Four Months.
GUILTY . † Aged 20.— Confined Four Months.
GUILTY . Aged 35.— Confined Twelve Months.
GUILTY . Aged 43.— Confined Four Months.
GUILTY . Aged 40.— Confined Six Months.
THOMAS HARRIS . I am ten years old—my mother takes in mangling. On 10th May she sent me to Temple-street, and I there got a basket of linen from Mrs. Burrows—as I was carrying it to my mother I met the prisoner, whom I had never seen before—be asked me to take a note to 16, Union-street, where he said his father lived—he asked me to leave my basket with him and he would mind it while I was gone—I left it with him, took the note, and could find no such name as was on the note—I came back, and he was gone, and the basket too—I am certain be is the person.
MARY BURROWS . I am a widow, and live at Temple-street, Bethnal-green. On 10th May I gave a basket of linen to Harris to be mangled—it contained three shirts, four shifts, a table-cloth, and other articles; some were mine, and some were in my care as washerwoman.
NOT GUILTY .
JOHN HACKNEY . I am a tailor, at 3, South wick-street, Clerkenwell. On 6th Jan. about half-past 9 o'clock in the morning, the prisoner came to my shop, and asked if I could make him a coat by the Saturday, and gave his name John Wilkinson, of 45, Rahere-street, Goswell-road, from where I was to fetch the cloth—I measured him, and he then asked to see some patterns for trowsers; I showed him some, bat he did not choose any—I had to torn my back to get them—he then left, and I shortly after missed my own coat from a hook behind the door, where I had seen it safe just before he came in—no one but him had been in the shop—I went to Rahere-street, but could find no such person there—I never saw the coat again, or the prisoner, till he was in custody.
MARY PALMER . I am the wife of Thomas Palmer. On 21st Jan. the prisoner came, and asked to see my husband; he was not at home, and the prisoner wrote his address for my husband to call on him—I hare not got the address here—after he was gone, I missed my husband's coat—this old one (produced) was left in its place.
GEORGE SMITH (City-policeman, 174). I produce a certificate—(read—Central Criminal Court; William Harding convicted, Sept. 1842; T Transported for ten years)—I was present; the prisoner is the man—I have had him before three times in custody.
Prisoner. I am not the party. Witness. I have not the least doubt he is the man.
GUILTY . Aged 31.—George Devereaux, officer of Bridewell, stated that the prisoner had been confined there seven times for felony— Transported for Seven Years.—There were two other indictments against the prisoner.
FREDERICK JOHN TRICK . I am an officer in Her Majesty's service, and live at Southgate. The prisoner was my servant—on Sunday, 6th April, I gave him 9d.; in copper, to fetch some beer and pay for it—on the following day I spoke to him about it, with other sums, but not about that in particular.
FRANCIS LOWS . I keep a beer-house. On 6th April, the prisoner came and ordered three pints of fourpenny ale, and one pint of sixpenny ale, to be sent; he did not pay for it—a little girl afterwards fetched it—the prisoner has fetched beer before, and paid for it.
Prisoner. Q. Did not I see you on the Monday? A. I do not recollect it.
CHARLOTTE SAVILLE . I was going to fetch Mr. Trick's dinner from the baker's, and met the prisoner, who told me to go to Mr. Lowe's, and fetch the beer—he gave me no money—I fetched the beer, met him at Mr. Trick's gate, and gave it to him.
Prisoner's Defence. I ordered the beer to be sent down; the landlord said he would send it when the lad came in; I met the girl and sent her for it—I had my hands full, and could not give her the money; I did not see the landlord afterwards.
NOT GUILTY .
Prisoner. Q. Was she able to attend last Sessions? A. Yes.
THOMAS EMERY (policeman, N 39). I was present when the prisoner was examined before the Magistrate—the depositions were taken in his hearing, and he had an opportunity of saying anything he liked—Mrs. Trick gave evidence, which was taken down.
(Fanny Josephine Trick's deposition was here read, as follows: "I am the wife of Frederick John Trick. On or about 14th Feb. last, Henry Austen, the prisoner, in my husband's employ, came to me, and asked for 3s.; 6d. to fetch some grains, which I gave him in silver.")
WILLIAM HILL . I am a cow-keeper, of Southgate. On 11th Feb. the prisoner came to me for a quarter of grains for Mr. Trick, his master—I was short, and he only had two bushels—on 14th he had six bushels more, making the quarter; they came to 3s.; 6d.;—he said his master was not at home, and when he came home he would send the money in—I put it down to Capt. Trick—the prisoner has never paid me.
Prisoner's Defence. The first lot I had was half a quarter, my mistress gave me 2s.—I had 1s. 9d. to Mrs. Hill, and returned the 3d. to my mistress—after that I had the two bushels and six bushels.
GUILTY . Aged 21.— Confined Three Months.
JAMES STRANGE . I am a constable of the Plymouth Police. On 31st May, the prisoner was given into my custody at Plymouth—I asked where he was stopping, he said in York-street—I searched a room in York-street, and found this leather (produced)—I charged the prisoner at the station with stealing it of his master, Mr. Smith, in London, and he said he bad it of a man named Bradshaw, who belonged to the firm of Mr. Smith—I brought him to London.
Cross-examined by MR. CLARKSON. Q. Are you quite sure he said, "One belonging to the firm?" A. Yes; I said, "Who is Bradshaw?"—he said, "He is one belonging to Mr. Smith's firm"—these skins have never been used—he was in employ at Plymouth.
SAMUEL CLAPHAM . I am foreman to John Smith, stationer and bookbinder, of Long-acre. The prisoner was in his service, and left at the beginning of May—I believe this leather to be Mr. Smith's—this sprinkled sheepskin is our own manufacture, and has "J. S." on it, but I cannot swear to it—supposing it to be ours, the prisoner had no right to it.
Cross-examined. Q. Is the prisoner a clever workman? A. Yes; he earned 38s.; a week—he was discharged about 8th or 10th May, because we had not trade enough to keep him on.
THOMAS BRADSHAW . I am in Mr. Smith's service. This sheepskin is his property—I know it by the mark—I never gave the prisoner authority to take any away, or ever sold him any—he was not allowed to take anything to work on off the premises.
Cross-examined. Q. How long has he been in Mr. Smith's employ? A. I have been there between nine and ten years, and he has been there much longer, nearly twice the time—this mark is made by an instrument, but we have not got it here.
JURY. Q. Do you ever sell skins after they are marked? A. We very seldom sell skins at all; my master has occasionally sold marked skins.
NOT GUILTY .
WILLIAM THOMAS WHITEMAN . I live with my father, John Whiteman, at Shoreditch, and my mother takes in washing. On 19th May, my mother sent me to Mrs. Myers, at Globe-fields, where I got a basket of dirty linen—in the Cambridge-road I met the prisoner, who I had never seen before; he asked me to take a letter for him, and pointed out the place where I was to take it, and wait for an answer—he said he would take great care of my basket; no one should touch it—I went to the house—no such person lived there—I went back, and the prisoner was gone, and the basket—I am sure the prisoner is the boy.
ELIZABETH MART MYERS . I am the wife of Lea Myers. On 19th May, I saw my servant give the boy a basket of linen—it contained five sheets, three shifts, and four dozen and three various articles—he was to take them to Mrs. Whiteman; I have not seen them since.
GUILTY . Aged 16.— Confined Three Months.
NOT GUILTY .
CHARLES LONOLAND . I live at Gloucester-terrace, Hoxton. On 17th May, between 4 and 5 in the afternoon, in consequence of what I was told, I missed two pieces of mousseline-de-laine from my shop-lobby, which I bad seen safe three-quarters of an hour, or an hour before—the prisoners were pointed out to me—I went after them, and saw them go down a turning—I went another way, met them, and charged them with stealing the muslin, and gave them into custody—I have not seen the muslin since.
Cross-examined by MR. PAYNE. Q. Was it just inside the door? A. It may have been two or three feet inside—my shopman spoke to me about it first—he went out, came in again, I then went out, and the prisoners were pointed out to me—they were then thirty or forty yards off.
MARTHA STERN . I saw the prisoners and another female opposite Mr. Longland's window—I heard Murray say to the one that is not here, "Now it the time, there is no one looking"—and she then took the muslin, and walked between these two, and they went down a turning—these two were about half a yard off her when she took it.
Cross-examined. Q. Did you see the shopman come out? A. Yet; I was looking in at the other window of the shop when I heard the conversation—I was near enough to hear, and be seen—I am in service, and have been so six months—the one who took the muslin went in an opposite direction
to the others—it was ten minutes between the man's coming out and the master—the prisoners were walking along during that time.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
WILLIAM JAMES NOKES . I live at 5, South-street, Spitalfields, and am a potato-salesman. At the latter end of May I received a communication from Messrs. Cox, of Doddington, near Spalding, and some potatoes arrived by the Great Northern Railway—I told the prisoner, who was in my employ, to go and put the potatoes, which were loose in the trucks, into sacks, but he had no business to remove them off the railway premises—he never brought me any; if he took any away, they have not come to me—the potatoes are about 18 cwt. short by the bill of parcels.
Cross-examined by MR. PAYNE. Q. You do not know how many potatoes there were? A. No.
JOSEPH FRESHWATER . I am clerk in the goods-office at the King's-cross Station of the Great Northern Railway. I produce two invoices, marked 197 and 1247—on the same day that we received them, we received 12 ton, 14 cwt. 2 quarters of potatoes, the quantity mentioned in the invoice, but I did not compare them—they are weighed at the country-station, and the invoice sent up—I communicated with Mr. Nokes on 3rd June—a man, I cannot say who, brought me an order from Mr. Nokes, which entitled him to remove them.
Cross-examined. Q. You cannot ascertain the missing of a few sacks from the stock? A. No.
JOHN ANCOCK . I am a porter, in the service of the Great Northern Railway Company. On 3rd June I received these two delivery-notes (produced) from the prisoner, who had another man with him—I pointed out three trucks of potatoes to them as those referred to in the delivery-order, and they put them into sacks, loaded them into Patrick's van, and took those away—the prisoner came again on the 4th, with a boy, and took about eight sacks more away—the boy drove the cart—I gave information.
NOT GUILTY .
1333. JAMES HORLEY , stealing 5lbs. weight of nails and 1lb. weight of copper, value 3s.; 6d.; the goods of Richard Green and another: and 1 hammer, value 3d.; the goods of Charles Farrier, from a dock, &c.
RICHARD JAMES TODMAN (Thames-policeman, 65). On 15th June I was passing Mr. Green's Repairing-dock, at Black wall, and saw the prisoner on the beach—I left Sparksman to watch, went through the Dock to the yard, and then heard Sparksman call out—I went, and found the prisoner in his custody—he had the prisoner's cap, and in it there was 5lbs. of nails, 1lb. of copper, and a hammer—I asked the prisoner where he got them; he made no reply—on the way to the station, he said the chap that was with him asked him to get some copper—there was another chap with him, who escaped.
THOMAS SPARKSMAN (Thames policeman, 25). Todman left me to watch, and I saw the prisoner and another man come over the fence—I caught the prisoner—he had two pieces of copper, some nails, and a hammer, in his cap—the other one got away—before the prisoner got over the fence, I saw him picking up something under the Lightship's bottom, which is repairing there.
CHARLES FAERIER . I live at 33, Brunswick-street, Blackwall, and am apprentice to Henry and Richard Green. This hammer is mine—I was working with it at a ship in Messrs. Green's dock, on the Saturday.
GUILTY .** Aged 17— Confined Three Months.
OLD COURT.—Friday, June 20th, 1851.
PRESENT.—Mr. Justice COLERIDGE; Mr. Baron PLATTM; Sir PETER LAURIE, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Third Jury.
MR. EWART conducted the Prosecution.
CHARLES CLARKE WEBB . I am a watchmaker, of 1, Royal Exchange, in partnership with Mr. Crickhead. On 6th June, about a quarter-past 5 o'clock in the afternoon, I distinctly saw the prisoner smash one of the window panes with his fist—he was followed, and brought back—a policeman came, who searched him, and found on him this gold watch—it is ours, and is worth 37l.; the selling price.
GUILTY . Aged 18.— Confined Six Months.
NEW COURT.—Friday, June 20th, 1851.
PRESENT.—Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder, and the First Jury.
MR. PLATT conducted the Prosecution.
WILLIAM CLIFFORD . I am a tailor, of 5, Bell-lane, Spitalfields. The prisoner is my wife—on 26th May I came home between I and 2 o'clock in the morning—I was not sober; I knew what I was about—when I got in, my wife was sitting on a chair in the centre of the room—I do not know whether she was asleep or not—that was the room where I was to sleep—I asked her to fix the bed for me to let me go to bed—she began abusing me; she said she would see me d—d first—I asked her repeatedly to fix the bed, and she said, "You w—son, go where you were all night"—she still kept abusing me, and I told her if she did not fix the bed for me I would turn her out of doors—she did not appear to me to be tipsy—I struck her, and turned her out on to the landing, not into the street—the boy then fixed the bed for me, and he and I went to bed—she burst the door in, and began
jumping about the house, saying she would irritate me to come out of bed again—she said, "You b—d scamp, if you do come out of bed I will take your life"—she took this knife (produced) out of the cupboard—some time after I got out of bed, and tried to lay hold of her—I told her if she did not put the knife down I would turn her out again—I went to catch hold of her, and get the knife out of her hand, and she made a stab at my face—I put up my hand to save my face, and received the stab in my right-hand, in the ball of the thumb—I kept looking at my thumb for some time, and she made a stab on my head—I bled very much, left the room, and stood in the passage—I sent the boy for a constable, and went to the hospital, and got my wounds dressed—my head is now better, but my thumb is weak.
Cross-examined by MR. HORRY. Q. The prisoner once took you before the Magistrate for assaulting her? A. Yes, but I was let out; she said she could not live without me, and would not go against me—it was a charge of assault for biting her eye—she had her hand in my hair, and I believe I did bite her in the eye, as far as I can recollect; it is a long time ago—I think it is nine months ago—I was quite sober—I do not know Mary Griffin—I know a good many Marys—I do not know one about whom there has been a good deal of disputing before this occurrence between me and my wife—I never sent any message to any woman before this occurrence; I have since—when the prisoner was taken, I could not do without some woman to do my business, and sent for Mary Handley, at a shilling a week, to do my business—I have slept with her twice since this occurrence—I was not in the habit of sleeping with her before this—I swear I never spoke a word to her before this—my wife was always in a state of drunkenness—I have come home late of a night, at 1 or 2 o'clock; my business calls me to it—I was not so often in a public-house at 2 o'clock as she was—I have often come home drunk—she has complained that when I have come home that way I have pulled her by the hair—I recollect jumping on her once—she has lain on the boards all night, and would not go to bed, several times—I do not recollect one night taking my child out of bed, and her trying to get it from me for fear of my throwing it on the fire—I often recollect taking the child and feeding it all night while she was drunk—I do not recollect that I was going to put the child on the fire, and a neighbour coming in and taking it from me; I do not think I did—I do not remember a neighbour coming in and taking the child out of ray arms—I got into a fight on the night of 26th May—I did not get a beating—I did not get a blow at all—there was only myself and two or three more looking on—I was not a little punished in that fight—the man did not strike me at all; he knocked me down by falling me—I was not very angry—probably it did put me into a passion, but I had plenty of time to cool—it was a quarter of an hour before I got home—I did not go into my own room and immediately begin to quarrel with my wife—she was sitting on the chair—I got hold of her arms, and asked if she was drunk—I did not strike her before she began abusing me—I am not now living with Handley—she is living in some part between Widegate-alley and New-street—I was not seen coming out there this morning, nor yesterday, nor the day before.
MR. PLATT. Q. What is your business? A. A tailor—I have to go to take work home, and to get work—9 o'clock is the latest time I can get it—I am not kept out later, unless it is my own wish.
MICHAEL BRYAN . I am fifteen years old. I lived with Clifford and his wife—I was at home on Sunday night, 26th May, when Clifford came home—Mrs. Clifford was in the room where the bed was, sitting on a chair—I was sitting down—when Clifford came in, he asked her was she drunk, and she
gave him an abusive answer—she called him a w—e's ton, and a black-guard, and other names—he told her to settle the bed, he wanted to go to bed—she would not do it—he told her if she would not do it, he would turn her outside the door—he struck her, and turned her outside the door—Clifford and I went to bed together—his wife burst the door in, undid the cupboard, took this knife out, and said if he came out of bed, she would stick him with it—she dared and aggravated him to get out of bed—she was scolding him, and calling him all the names she could think of—she said, "You robber," and all that—he got out, went to lay hold of her, and she made a stab at him—he put up his hand, and received the stab in the hand; and while he was looking at his hand, she stabbed him on the head—he bled a great deal—he sent me for a constable.
Cross-examined. Q. Do you know Mary Handley? A. I did not know her till the first two hearings of the prisoner—Clifford told me to go for the girl Handley to come to him—I have been several times for her—I do not know what he wanted her for, but he sent me for her several times—I am not living with him now—he is living in Bell-lane, with Handley—I was at home all the evening—I had not been asleep.
MR. PLATT. Q. When did you leave Clifford? A. Last week; my mother fetched me away, and said I should not go and swear against any woman—this is the knife the prisoner had—it was straight when she took it—I saw it was bent when she put it out of her hand, after using it—I saw Handley yesterday, at Clifford's house, in Bell-lane—I live in Wentworth-street, close to Bell-lane—I have seen Handley always with Clifford—the prisoner used all the abusive names she could to him—Clifford did not look as if he were drunk—he did not use abusive language, I am sure of that—he called her "Gelute;" that is a fond name that they have between them—it is not Irish—I do not know what it means—Clifford and his wife spoke very little Irish.
THOMAS NADAULD BRCSHFIELD . I am house-surgeon, at the London Hospital. Between 2 and 3 o'clock on the morning of 26th May the prosecutor came to the hospital—I found a wound on his right-hand, and another on the top of his head—they were simple cuts, each about an inch long—they were not deep, and not at all dangerous in themselves—he was drunk—he bad lost a small quantity of blood—his hand is quite well.
COURT. Q. Where was the cut on his hand? A. Between the thumb and finger—that is not so dangerous a place as is popularly supposed—it is not more liable to produce lock-jaw than any other place by such wounds as these—if a man were to run a nail into his hand, it might have done so.
(The prisoner's statement before the Magistrate was read, as follows: "I took up the knife to guard myself from him after he had ill-used me; I did not intend to hurt him.")
GUILTY of an Assault. Recommended to mercy by the Jury. — Confined Three Months.
MR. PARRY conducted the Prosecution.
JOHN ENRIGHT (City-policeman, 647). I was on duty in Sun-street, Bishopsgate, on 2nd June, about 4 o'clock in the afternoon—I saw the prisoner in a cab—I suspected he had something, and followed the cab to 5, Union-street—he got out with a bundle, and took it into the house of Payne, a marine-store dealer—Payne was in the shop—the prisoner put the
bundle inside the counter, on the right-hand as he went in from the passage—there is a doorway in the counter, and he placed it inside the doorway—I heard him ask Payne for 1s., to pay the cabman; Payne gave it him—(Payne was afterwards taken, but he was discharged)—I went in, and asked the prisoner what he had got in his bundle; he said nothing but his own wearing-apparel—I asked him what they were; he said he could not answer the question at present—Payne said to him, "Why don't you take them to your own lodging?"—I told the prisoner as he had not given me a satisfactory account, I should take him to the station—I stopped the cab, and took the prisoner and the bundle to the station—I opened the bundle, and found twenty sovereigns and a sixpence, in a little box wrapped in a pair of stockings—I found these coats, waistcoats, shirts, and other things—I found on the prisoner 3s.; 2 3/4 d., all in farthings, wrapped in another stocking.
Prisoner. Q. Can you swear that nobody told you there was some one in the cab? A. No one told me—I did not speak to the cabman, and ask him where he was going—I saw you in the cab, and followed you to 5, Union-street.
CHARLES DAWSON . I am a cab-driver. I was in the Poultry at 20 minutes before 4 o'clock, on 2nd June—I was hailed by the prisoner, who ordered me to drive him to Union-street, Spitalfields—he had a bundle—I drove to Union-street—he told me to go to No. 5, on the right-hand side, a rag-shop—I got down, and opened the door, and he went into the shop with the bundle—he came to the door, and gave me a shilling—I afterwards drove him and the bundle to the station.
Prisoner. Q. Did not the policeman ask you who was in the cab? A. No, he never asked me anything—he walked by the side of the cab till be came to the shop, and then he told me not to go away.
GODFREY FOSBERRY (police-inspector). I took the charge against the prisoner—he was locked up in the cell—he sent for me, and wished to speak to me—I went to him, and he said he wished to tell me where he got the things from—I said, "Remember, what you say I shall have to state else-where"—he said, "I know that"—he then told me he got the things from an office in the Old Jewry, next to the Three Crowns public-house—I went there, and saw Mrs. Clark; she took me to her own room up-stairs—I found the door forced open, and a box in the room forced open; on the bed I found this screw-driver—I compared it with the marks, it corresponded exactly.
Prisoner. It is quite true; I plead guilty to the stealing, but not breaking open the door.
MARIA ANN CLARK . I am the wife of Edward Clark; I occupy those rooms in this house in the Old Jewry. When Mr. Fosberry came, I went up, and missed all the articles that have been found—I had twenty sovereigns, which I kept in this box, in a pair of stockings—I had a lot of farthings; they were all missing, and a great deal of my own wearing-apparel—every thing in the bundle is my husband's—the house is in the parish of St. Mary Colechurch.
COURT. Q. Was your bedroom-door locked? A. Yes, and the key was in my pocket; and my box the same—I had seen my property safe about half-past 2 the same day—Mr. Fosberry came a little after 4—I had, in the mean time, been in the kitchen—no one lives in the house but me and my husband—Mr. Ashurst and other persons have chambers there—I and my husband have the care of them—the sheet was on my bed, and was taken off, and the things tied up—I do not know that the prisoner was known there.
Prisoner's Defence. I found the articles in this sheet as I was coming down-stairs, rolled up as it is now; I did not know there were twenty sovereigns in it; the officer knows that I could not tell him what was in it.
GUILTY . Aged 19.— Confined Nine Months.
(The prisoner's brother, Henry Bateman, calling himself a policeman of the G division, deposed to the prisoner's good character; but inspector Brannan, of the G division, stating that the witness, Bateman, had been tried and convicted, and dismissed from the police, eight or ten days ago, he was committed for contempt of Court.)
MR. M. PRENDERGAST conducted the Prosecution.
GEORGE SHEPHERD . I reside in High-street, Kensington. On the night of 20th May, I was in Piccadilly, about 12 o'clock—a woman came to me, and I walked to near the bottom of Half-Moon-street with her—we stopped at a door, and at that moment some one came behind me, and said, "What are you doing with my wife?"—be took hold of me by the shoulders from behind—I turned, and it was the prisoner Hammond—the moment I turned my head, the woman took my watch, and was running away with it—Hammond had got me fast, and I could not release myself—we had a tremendous struggle, and I struck him a blow on the nose; he went down, and I with him—when we were both down, Corbyn came up—he tried to get me away from Hammond—he laid hold of my shoulders, and said, "Loose the man"—I collared Corbyn with my right-hand, and Hammond with my left, and called out "Police!"—the police arrived shortly—I had never loosed the prisoners; they might have used violence on me, but they had not half a chance; I was too strong for them—I said, "I give them in custody"—Hammond said something about giving me in custody for striking him—Corbyn tried to get away.
Cross-examined by MR. HORRT. Q. Are you married? A. Yes; I have no family—this was a late hour—I had been having a glass more than I usually take, and was a little the worse, still I knew all that I was doing—I was not half a minute in the doorway; it was a private doorway—the door was not opened—I had not knocked at the door—I did not have a little dispute with the woman—she asked me to go home with her, but I refused—I stopped, because I wished to turn and go back—I might stop nearly half a minute—there was no dispute between me and her—she did not attempt to rob me till the prisoner had hold of me behind—she did not lay hold of me—I did not lay hold of her; I might have held her arm; I did not hold her round the neck—she did not try to get away from me before she got the watch—Hammond did not keep me down, I kept him down—I believe he said he would give me in charge—I called the police—I should think the policeman came in three minutes.
Cross-examined by MR. ADDISON. Q. This was about 12 o'clock at night? A. Yes; I gave Hammond a violent blow, and he went down—there was a good deal of blood about him, and about the pavement—I cried "Police!" several times—I had a tremendous struggle with Hammond; I received no blow—Hammond had two black eyes—neither of the prisoners called police.
MR. HORRT. Q. Were not the words that Hammond used, "What are you doing with that woman? is she your wife?" A. No; he said, "What are you doing with my wife?" to the best of ray knowledge.
Shepherd's-market. About 12 o'clock, I heard cry of "Police!" several times; I went to Half-moon-street, and saw Shepherd holding the prisoners, one in each hand—he gave them in charge—Hammond said, "I think I ought to give him in custody for the blow I have received on the nose"—his nose was bleeding profusely—I believe he used the word "think" more than once; Shepherd said, "I give them in custody for robbing me of my watch; where is the woman?"—I said, "I have not seen the woman"—he said, "The woman has got my watch"—each of the prisoners said, "I don't know anything about it;" Shepherd was excited, and had been drinking—he was quite firm in the statement he gave to me at the time, and also at the station-house—he was quite determined—I had great difficulty in making him release his hold of the prisoners.
Cross-examined by MR. ADDISON. Q. Were there repeated cries of "Police?" A. Yes; that street is very quiet, compared with Piccadilly—you can look up it from one end to the other—persons turning in that street would naturally see persons, if there were any there—there are several doorways where persons might secrete themselves—this happened near a public-house door, and just there it is so dark that there might be two or three persons and you not see them—the cries of "Police!" were not from more than one person.
CORBYN.— GUILTY . † Aged 29.
HAMMOND.— GUILTY . † Aged 43.
Transported for Ten Years.
MR. ROBINSON conducted the Prosecution.
BARNETT JOSEPH . I am a dealer in metal, of Middlesex-street, Aldgate. I have had dealings with the prisoner, and he owed me a little money—he produced a bill of 10l.; to me, and asked me if I would let him have the money for it—this is it—it purports to be drawn by the prisoner—I know his writing; the signature and indorsement are his writing—I told him he owed me money, and I would not do anything of the kind—he said, "Suppose I get you a good indorser?" and asked me whether I would take Mr. Layell's—I asked him who Mr. Layell was—he told me he kept a public-house in Aldgate, nearly opposite Church-row—I knew the house, but did not know him personally; he took the bill away, as he said, to get Mr. Lay ell's indorsement—he came back in a quarter of an hour with the bill as it is now, with Mr. Lay ell's indorsement on it—I took it, and let him have the money—when the bill was due, it was neither paid by the acceptor or the indorser—I presented it myself at Barclay and Co.'s, the bankers, where the acceptor made it payable—he brought me the person whom he represented to be the acceptor.
Cross-examined by MR. PARRY. Q. Had you been in the habit of advancing money to the prisoner? A. Yes, on several occasions. I am a metal-dealer—when I have a little money to spare, I lend it—it is not my principal business—I gave the prisoner 10l., less the discount; 9l.; 10s.;—I have always had a little difficulty in getting money of the prisoner before; this bill was payable at a month—I did not lend him 6l., for which I charged him 8l.;—I charged him 1l.; for it, payable at 5s.; a week—I have lent him money three or four times—I do not lend small sums to persons—I seldom lend 5l.;—I am not in the habit of lending money every week, sometimes every other week—I have not a loan-office—I cannot tell whether I am known as a money-lender.
COURT. Q. How often have you appeared before me? A. On several occasions; I appeared as a money-lender for small debts under the Act of Parliament—I am not a common small money-lender—at times I do lend it; but when I have been before you, it has been for debts standing for some time—some have been on judgment.
JAMES HENRY LAYELL . I am a licensed victualler, of 71, Aldgate, nearly opposite Church-row. I know the prisoner—he came to me on a Tuesday, about 19th April—I was at the bar, very busy—the prisoner opened the door, and came in to me—he said, "Old fellow," or "Old chap, I want you to put your name to this bill"—it was a bill for 10l., like this one—I think he was sober—he was very much excited—he said he was in a great deal of trouble—I said I had never done such a thing; I would sooner lend him the money, if I had got it—I went to the bar, and be came to the front of the bar, and asked if I would do it—I said no, and he went away—the indorsement on this bill is not my writing—I did not give anybody authority to sign it.
Cross-examined. Q. How long have you known the prisoner? A. Four or five years. He has used my house six or seven months—he was coachman to Mr. Nelson—I have found him a honest man—he appeared excited about an accident that he had had, smashing a brougham, and he had to pay some damage, and was afraid of losing his situation; that was what he stated—he seemed much excited, and behaved rather absurdly—I do not remember his saying, "If you won't put it yourself, will you let me do it?"—I was very busy; he might have misunderstood me—I said nothing that might lead him to think so—I said, "No!"—I was at the engine, he was in front of the bar—I had not helped him before in business; he had come as a customer—I had been on friendly terms with him—I rode with him two or three times—I have occasionally had a glass with him when I have been out, and have sat with him in my own parlour, and smoked a cigar—I was very sorry about his accident, and would have assisted him, if I could—I told him so.
MR. ROBINSON. Q. He never said anything about writing the name himself? A. I do not recollect it—(bill read—"19th April, 1851. One month after date, pay to my order, 10l., John Stanton. Accepted, George Jones. Indorsed John Stanton and James Henry Layell.")
(The prisoner received a good character.)
GUILTY. Aged 45.—Recommended to mercy by the Jury. — Confined Fourteen Days.
MARIA STONE . I am the wife of William Stone, of 20, Chancery-lane. I let the house in chambers—I missed a brooch, I believe it was on 13th March—I also missed two other brooches, and a new purse made by one of my daughters, a breast-pin of my husband's, a set of charms, and a mourning ring, with a name and date on it, they were worth about 5l.;—I missed them when I went to bed—I had seen them safe in the day, in a wardrobe-drawer in my bedroom, at the top of the house—there is a staircase open to all the chambers—no person coming to the chambers could get access to the staircase without ringing a bell or opening the door—I do not know the prisoner—I was told, about eight weeks after the robbery, that a person who is here, was wearing my brooch—I went to her house and saw it—the street-door of my house is kept open, but there is a second door which is not open.
HANNAH DUNCOMBE . I am the wife of Daniel Duncombe—we keep a coffee-shop at 48, Dury-lane—the prisoner offered me a brooch for sale in the coffee-room—I think it was in March—he owed me 5s., and I took the brooch
for it—he said he found it in Cheapside—I think he said he picked it up that morning.
Prisoner's Defence. About three months ago I was coming down Cheapside, I picked up the brooch wrapped in three or four pieces of paper; I owed Mrs. Duncombe a little money, and said she might have it; two months afterwards, the policeman stopped me; I waited one hour and a half at the station, and then he made this charge; I thought it was an article of no value, and I did not advertise it; I have been three weeks in prison.
NOT GUILTY .
WILLIAM SPARKS . I am an American seaman. I was on board the ship Devonshire, in the London Docks—the prisoner belonged to the same ship; he says he is an American—I never knew him before he came in our ship, from America—on 7th June I was very drunk, and have no recollection of what happened—the first thing I recollect was, I was on the deck, and the doctor and mate were dressing my wounds—I had three wounds in my back, and one in the breast—I had had no quarrel with the prisoner that I know of.
ALFRED WALTERS . I am an American, and belong to the Devonshire. On 6th June, I saw Sparks in the forecastle, about half-past 6 o'clock, he was very drunk—the prisoner was sober; he and Sparks were having a few words together—the forecastle is not much lighted—I heard some scuffling, like two men fighting—I then heard Sparks cry out, "My God he has stabbed me"—I went up and found Sparks lying on the chains, and the prisoner making a blow at him with a knife in the breast—he had hold of Sparks's hair with one hand—I hit his arm away—two or three came round, and we had a little scuffling to get the knife from him—I held him by the wrist, while another man took the knife from him—he was given into custody—I saw him strike at Sparks twice—the prisoner had accused Sparks in the former part of the day of taking some clothes belonging to him.
Prisoner. Do you know Sparks said he would take my life from me? Witness. No; I did not say to Sparks, "If I were you, I would take his life myself"—I belong to a different part of the ship.
THOMAS THOMPSON (policeman, H 148). On 6th June, I was called on board the Devonshire. about a quarter-past 6 o'clock—the prisoner said he had lost a jacket, and charged Sparks with having stolen it, and somebody said, "Here is your jacket"—it was found by another sailor—I was in the forecastle when it was found—I came up, and in a few seconds I heard some person call out, "He has stabbed him!"—Walters and another brought the prisoner out of the forecastle—I asked with what instrument it was done, and they gave me a knife in the prisoner's presence.
COURT to ALFRED WALTERS. Q. Do you all carry a knife on board ship? A, Yes; this is one of our usual knives—we wear them in a sheath—we cannot do without a knife.
THOMAS ENGLISH . I am a surgeon, in Upper East Smithfield. I was called to Sparks, and found three wounds in his back, and one just above the region of the heart—those in the back were not so serious as the one in the breast, which was about two inches below the left nipple—it struck
against the ribs, the cartilage of the ribs was cut a little—that wound was dangerous—such a knife as this would occasion the wounds.
Prisoner's Defence. The words commenced between me and Sparks, between 3 and 4 o'clock; one of the chaps said Sparks took three shirts and a jacket, and three razors, and half a pound of soap; I missed them, and told the mate, who sent me on shore to a policeman; then Sparks went on the main deck, and pulled off my jacket; be began quarrelling, and strack me; that was the commencement of it.
GUILTY. Aged 19.— Judgment Respited.
JULIA WILSON . I am the wife of James Wilson, we live in Crawford-street. The prisoner was my maid-of-all-work fifteen days—on 19th May, I was up-stairs in my bedroom, a woman told me something; I went down, and found the prisoner very tipsy—I discharged her—she went up-stairs to get her band-box—I heard a noise, and went up to see what she was doing, and I saw the brass of these rules under her dress—I followed her down to the kitchen, and saw the rules fall from under her petticoat—I picked them up, and told her they were her master's—she said, "It is a mistake, ma'am, I found them behind the kitchen door"—she then went to a convenience, in the area.
MART FONE . I followed the prisoner there, and asked what she was doing—she said she was not very well—I asked her to come out, and took hold of her dress; one of these instruments fell from under it—she went in, and I found this other instrument and case down the water-closet.
JAMES. WILSON . I am a tailor. These articles are mine—these cases contain instruments for measuring, they are worth about 50s.; a piece—these, rules are mine—the value of the things altogether is about 5l.;
Prisoner's Defence. I had not the least intention of keeping these rules—I found them lying about, and thought they were of no use.
GUILTY . Aged 28.— Confined Three Months.
THIRD COURT.—Friday, June 20th, 1851.
PRESENT.—Mr. Ald. MOON; Mr. Ald. CARTER; and Mr. COMMON SERJENT.
Before Mr. Cowman Serjeant and the Seventh Jury.
GUILTY . Aged 30.— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
o'clock in the afternoon, I saw my hat-box safe there; it had a gold breast-pin, and some papers in it, my property—I went out about half an hour afterwards, returned between 10 and 11, and found the box cut open, and all the things out of it strewed about the floor—the box had been locked with a padlock, and another lock also, and the room door was locked and the key in my pocket—I have seen all the papers again but one.
FRANZ EICHHORN (through an interpreter). I lodge at this house. On the Sunday previous to 18th May, the prisoner asked me which box belonged to the tall Swiss, and which to the other, and which he thought had the most money—during the week he asked me several times about Mr. Frohlich's going out, but particularly so on the Saturday evening—on Sunday evening, the 18th, when I was going to bed, I heard a terrible noise, took my candle, went out of the room and found the prisoner—I asked what was the matter—he said he had fallen down-stairs—his elbow was white—I was going to bed, and he came and asked me whether Mr. Frohlich and his wife were gone out—I said, "Yes;" and the prisoner took the candle out of my hand—I went down-stairs with him, and when he came to the prosecutor's door he took a key out of his pocket and opened it, and I directly heard a breaking of boxes, and hammering against some iron—I was afraid to go down-stairs, because two days before, he had shown me a knife, and threatened he would use it—I lighted a candle at the second-floor front window—I afterwards made a communication to Mr. Frohlich.
Prisoner. Q. What answer did you give me when I asked which box contained the most money? A. I said, I did not know—I did not ask you what you wanted to do with my candle—I was in the next room when I heard the breaking of boxes—I never asked you for any tools, and you never lent me any, and I did not put any tools into your pocket.
THOMAS KELLY (policeman, H 2). On 18th May, about half-past 9 o'clock, in consequence of information, I and Mr. Frohlich put ourselves in a position to watch 7, Princes-square—I saw a man in the front room first-floor strike a light—it disappeared shortly after, and I heard a hammering noise which proceeded, as far as I can judge, from the back-part of the house—Eichhorn put his head out of the window, and called out something in Dutch or German, which appeared to be addressed to Mr. Frohlich—after that Mr. Frohlich opened the door, and I and Wigley went in, and I saw the prisoner coming down the stairs from the back first-floor room with a candle in his hand—he threw down the candle, and stamped on it—I took him into custody, and he said, "Me no thief!"—I took him to the back-room, found the door open, but the bolt was shot forward, and the boxes were broken to pieces, and the papers and clothes strewed all over the floor—I searched the prisoner, and found these two papers on him.
EDWARD WIGLEY (policeman, H 141). I was watching with Kelly, and saw a light come three or four times to the top-floor—I am positive it was the prisoner brought it—I followed Kelly into the house, saw the prisoner on the stairs with a candle, and when he saw us he threw it down and stamped on it—I pinioned him, put handcuffs on him, and took him to the back-room, where we found the boxes broken open—in the prisoner's pocket I found two pairs of pincers, one of which had a piece broken off it, a bradawl, a hammer, two locks, and a key—the key fitted Keiser's door—it had been recently filed—on the landing where we had the scuffle with the prisoner I found a gold pin—on the stairs I found one piece of a pair of pincers, and another in Keiser's box, and they correspond with the broken pincers.
square. From information I received from Eichhorn, a few days before this happened, I set Kelly to watch—the prisoner has lodged with me twelve weeks, and Eichhorn fifteen.
(The prisoner stated, through the Interpreter, that the witness Eichhorn told him he had been requested by Mr. Frohlich to put tin corners on the boxes of the two Swiss, and that he (the prisoner) lent him the tools to do so; that Eiehhon came to him again for another pair of pincers, stating that he had broken the first, but would recompense him for them; that Eichhorn afterwards put the tools into his (the prisoner's) pocket, and that the lock of the door had been bought only a few days before, when no doubt the key was filed.)
GUILTY . Aged 27.— Transported for Seven Years.
MR. O'BRIEN conducted the Prosecution.
JOHN FARRELL . I live at 7, Mill-yard, Whitechapel, which is a brothel. On Monday, 26th May, about 12 o'clock at night, the prisoner came there with a woman, and went to a room on the second-floor—after they had been there a quarter of an hour, I saw the prisoner coming down again—the woman I live with was in the middle room; I saw her come sliding down-stairs—I got between the prisoner, who was at the bottom of the stairs, and the street-door (the stairs come into the lower room)—I found I had a knife put into my right side, without my saying a word—after I felt it, I saw a knife in the prisoner's hand, and I called out that he had a knife in his hand, and that I was stabbed—I got out at the street-door, held it by the knocker, and called "Police!"—the prisoner pulled the door off its hinges, and ran away—I followed him, calling, "Police!" and Button, who was in my house, followed also—after following him about 100 yards, Astbury stopped him—I said he bad stabbed me, and Astbury said to the prisoner, "Have you a knife?"—he laid he had not one, and that he had not stabbed any one—he spoke good English—I afterwards heard a knife drop, which Astbury picked up—I was taken to the London Hospital, and remained there a week, and I feel the effects of the wound now.
Cross-examined by MR. ROBINSON. Q. Do you keep this house? A. Yes; the person I live with is not here—I do not know the woman's name who was with the prisoner; I know her by sight—I have seen her two or three times at my house, and that is all, to my knowledge—I do not know her name—the prisoner did not appear to be drunk—I was quite sober—I was at home when the prisoner came—I get my living partly by keeping this house, and by fetching sailors' chests out of ships—I do not take the sailors to my house—none of the sailors belonging to the chests which I have fetched out of ships were taken to my house—I never prevent people going out of my house—it is a well-conducted house—there have been no complaints against it since I have had it—no rows have taken place there—I do not know how often the police have been called there—Button is a seaman—he had been staying at my house with a female for about a fortnight—I know the Brown Bear public-house—I did not see the prisoner there, drunk, that evening, to my knowledge—now it is mentioned, I know Callaghan is the girl's name he was with—I did not know it before—I did not see her that evening before she came to my house—she is not here—the prisoner seemed quite calm and collected till the policeman stopped him—I never lifted my hand, or uttered a word to him—before I had time to speak, the knife was pricked into my side—Button was up-stairs at the time—the prisoner did not tell me he had been
robbed or ill-treated up-stairs—I do not know whether he bad broken the upper door open to get out—I have been once convicted of uttering bad money—I can almost swear I have not been charged half-a-dozen times—I have not been a regular dealer in counterfeit money—I have been imprisoned for stealing rope—the prisoner has been out on bail, and surrendered this morning.
FREDERICK BUTTON . I am a sailor. I was lodging at 7, Mill-yard—on the last Monday in May I saw the prisoner there, about 12 o'clock at night, coming down-stairs from the top room with a young woman—I never saw either of them before—I saw the woman who keeps the house, in the middle room; and as the prisoner came down, she asked him if he was going to pay for the use of the room; he said, "No; I have got plenty of money, but I shan't give you any"—he then went down-stairs; the landlady followed him, said, "You had better pay me for the use of the place!" and he laid hold of her, and pushed her half-way down-stairs—that was upon the first-floor—Farrell then came out of the lower room, and asked the prisoner what he shoved his wife down-stairs for—saw the prisoner put his hand to his pocket, and take out something, I cannot say what—Farrell sung out to me, "Fred, he has got a knife, I am stabbed!"—Farrell went outside the door, and sung out "Police!"—the prisoner then laid hold of the door by the bottom, lifted it right off the hinges, and ran away—before he went out, he tried to stab the prosecutor's wife—I went up, and knocked his hand on one side, he dropped something, grappled it up again, and ran out directly—I saw something glitter in his hand—I and Farrell followed him; and when we came up, the policeman had him in charge; Farrell was bleeding, and was taken in a cab to the station.
Cross-examined. Q. What are you? A. I have followed the sea twelve years—I have not got a ship now—I am living at Woolwich, with my father—I have not been at Mill-yard since the prisoner was convicted—I was living with the girl there a fortnight—I sometimes go to a house, and live with a girl some time—I paid Farrell for my lodging—the girl lived there—I do not know Callaghan, who came there with the prisoner—I never saw either of them before—the girl was at the police-court, but I did not speak to her, and did not see Farrell speak to her—the prisoner was not drunk when he came to the house, but had bad a little to drink—I was perfectly sober—I have never been in trouble—Mr. Farrell has only two women lodgers—the house is up a court.
WILLIAM ASTBURY (policeman, H 151). On the night of 26th May I was on duty near Mill-yard, and heard a cry of "Police! stop him;" and I stopped the prisoner, who was running, followed by Farrell and Button—when Farrell came up, he said, "Hold him fast, for he has stabbed me"—I said to the prisoner, "Have you stabbed this man?"—he said, "No, I have not stabbeds any one, and have not got a knife about me"—while Farrell was showing me the place, the prisoner put his hand into his left-hand pocket, pulled out this knife (produced), and flung it down just behind him—I picked it up, and there was a kind of little stain upon it—I said, "This is the knife you flung down"—he said nothing to that—he was not drunk—he did not complain of being illused—he said nothing—I took him to the station—Farrell was bleeding, but not much, and was taken to the hospital.
Cross-examined. Q. Did the prisoner appear to have been drinking? A. He was excited, but I cannot say he was drunk—there is no spring to the knife—the prisoner's mouth was bleeding, his lip swollen, and he looked as if he had been injured—he seemed put about, and hardly to know what he
was doing—Mill's-yard it one of the lowest courts in London, and there are very often rows there—there are several brothels in it—I know Callaghan by sight.
THOMAS MADAULD BRUSHFIELD . I am one of the house-surgeons of the London Hospital. The prosecutor was brought there on the night of 26th May—he was in a faint condition—I found blood on his shirt, and a punctured wound on the right side of the abdomen, in a slanting direction, such at would be inflicted by a knife of this kind—it was considered dangerous at first; he remained seven or eight days in the hospital.
Cross-examined. Q. Will not a most trifling wound become dangerous from erysipelas? A. Yes; I have no idea of the depth of the wound, as I did not probe it—it must have been more than half an inch, or it would not have bled so much.(The prisoner received an excellent character.)
NOT GUILTY .
ROBERT ROUSE . I am a chemist, at 1, Wigmore-street. The prisoner was in my service—on 31st May I gave him 1s. 6d., to pay a fish-bill to Mr. Briggs, who lives opposite to me—he afterwards returned with this receipt (produced).
Cross-examined by MR. BURNIE. Q. Is Mr. Briggs't exactly opposite? A. Yes; I am not sure whether I saw him go in—he was gone a few minutes—he told me his mistress, who was out of town, had requested him to pay the hill—be brought the bill back; and seeing the name of Mr. Briggs's foreman to it, whose name is the same as mine, I was satisfied—I did not know then whose writing that was (this was a bill for 1s. 6d., signed, "Robert Rouse".)
ROBERT ROUSE . I am not related to the last witness. I am in Mr. Briggs's employ—this hill was sent to Mr. Rouse when the fish were delivered—the receipt to it is not in mine or Mr. Briggs's writing—I do not know the writing—the 1s. 6d. has not been paid.
Cross-examined. Q. Do you usually take money for Mr. Briggs? A. Yes; he is at home now; had the money been received at our house, the signature would have been in blue ink.
NOT GUILTY .
MR. WORSLEY conducted the Prosecution.
WILLIAM TURNER (policeman, D 407). On 2nd Jane, about 10 minutes past 10, I was called to Mr. Rouse's shop, and the prisoner was given into my custody—I took him to the station—I returned to Mr. Rouse's, and in the kitchen-drawer found this package of soap (produced).
Cross-examined by MR. BURKIE. Q. Was the drawer locked? A. No? I have searched kitchen-drawers before, but have not found soap in drawers of that description—it was kepi for caps, collars, and things of that sort.
Cross-examined. Q. Do yon know the prisoners's connections? A. I have reason to believe they are bad; I believe his father is a tailor.
NOT GUILTY .
NOT GUILTY .
GEORGE HOLLINGDALE . I live in Red-lion-street, Holborn. On Saturday, 7th June, about 12 o'clock at night, the prisoner came to my shop, and wanted a penny rasher of bacon—I saw her take something, and said, "What have you got under your clothes?"—she said, "Nothing"—I lifted up her clothes, and found a hand of pork there, my property—I had seen it just before in the window; I charged her with stealing it, and she went down on her knees, and hoped I would forgive her.
Prisoner's Defence. I picked it up about half a yard from the door; if I had stolen it, I should not have gone into the shop.
(The prisoner pleaded guilty to the previous conviction.)
GUILTY . Aged 27.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
Cross-examined by MR. HORRY. Q. Did you go to witness the marriage? A. Yes; at Mr. Weymouth's request—I did not see him after the marriage till this affair—I was applied to by Mr. Lewis, or his clerk, to attend before the Magistrate—he was the solicitor for the prosecution.
Cross-examined. Q. How long have you known Valladier? Since the beginning of 1849, when he came to lodge at my house, with the prisoner—they lived there about four months, as man and wife—I bad known the prisoner soner about twelve months, and understood she had been married to Mr. Weymouth; they dined at my house with Mr. Weymouth's father once, as man and wife—Mr. Weymouth went to live at Dover-street, Kennington—I never saw Weymouth and Valladier together.
FRANCOIS CESAR VALLADIER . I live at 12, Northumberland-street, Strand. In Nov. 1848, I was married to the prisoner, at Trinity Church in the Minories—I had known her for a year, and bad lived with her before I married her—she represented that she was the Countess De Sauverells, that Viscount Beresford was her guardian, and that she had never been married—I received this letter (produced) from her—I know it to be her writing—I lived with her only a few months, and have ceased to do so eighteen or twenty months.
Cross-examined. Q. Where did you first become acquainted with her? At a house of accommodation, in July 1847—I could not speak a word of English then—she is an English woman—I was not very intimate with Mr. Weymouth, I have been to the theatre with him—I was abroad with the prisoner from Oct. 1847, till Feb. 1848—I did not receive a letter from Mr. Weymouth while away, I am quite certain of that—I did not, while I was abroad with the prisoner, hear that Weymouth was dead—I know Mrs. Bobbit
—I did not bear till March, 1849, that Weymouth was married to the prisoner; and I left her two or three days after, at Mrs. Bobbit's house—I did not know, in 1847, that she was Weymouth's wife—I charge her now, after knowing for eighteen months that she was married before, because she had gone from place to place in my name—she was not in the habit of earning money by teaching music—I never saw that she had a pianoforte—she had a guitar, but she was not able to teach it—I do not know what has become of it—I did not leave her any money when I left her—I went to France, and remained there eighteen month.
JOHN ARCHER (policeman, G 217). I took the prisoner, and told her the charge—I asked her where Mr. Weymouth was, and she said in heaven, she hoped—(The letter produced was here read—"Aug. 25th, 1847: Dear Mr. Valladier—I have told Frederick to ask you to come to my lodgings to supper to-night: pray come, as I always feel happier when you come there. Why have you remained away so long? you appear to have avoided me; if you have avoided me by thinking I am Frederick's wife, I can assure you I am not; Frederick says I am not to tell you; I know well why he does not wish you to know it; he believes you rich,' and he thinks if he can get you to intrigue with me, he shall get money from you: pray be on your guard against these Weymouths, they are a bad family, all of them; their friendship for you is to get as much money from you as they possibly can, but I will yet foil them; I will watch over you with the greatest care; yes, Mr. Valladier, I love you; your quiet and gentlemanly manners have made an impression upon my mind never to be erased, it is so long since I have seen anything approaching to kindness until I knew you; I hope you will not be offended at my telling you I love you; I am soon going into the country; will you accompany me? If you will, meet me at 8 o'clock on Sunday evening next, at the end of the Camberweli New-road, by the Green, I will explain all to you,—but test assured that I am not Mr. Frederick Weymouth's wife; I will prove it to you by taking you to a friend of mine, who will tell you the same; I hope you will not despise me for not being his wife; uncle will leave this at your lodgings; do not let Sam or Ben see it—I hope to see you at supper to-night. Farewell for the present. Yours, ever faithfully, VIOLA DE SAUVERELLS,
GUILTY . Aged 29.— Confined Six Months.
THOMAS CHOWLES . I am a French-polisher—the prisoner was in my service. On 7th June I tent him to Mr. Cook's, in Oxford-street, to get some money owing to me, not any stated sum, but what he could get—when he came back, he told me that Mr. Cook had given him none, and did not know when he could—I paid him his wages that night, and he went away, and did not return—on the next Saturday, the 14th, I saw him, and asked him if he had any money belonging to me—he said, "No"—I said, "You have got some money you received from Mr. Cook"—he denied having any, and I gave him into custody.
JOSEPH COOK . I assist my brother, Gabriel Cook, of Oxford-street. On 7th June the prisoner called for some money for Mr. Chowles, and I saw my brother give him half-a-sovereign—he made this entry in this book, whick is a book between my brother and Mr. Chowles—"June 7th, 10s."
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor. — Confined Two Months.
ELLEN SIMPSON . I am the wife of John Simpson, and life at Kensington. On Monday evening, 12th May, I left a tea-caddy, looking-glass, and sugarbasin on the window-ledge—I missed them about the middle of the day, Tuesday, and found a pane of glass broken, so that a person from outside could put their arm through and lay hold of the things—in the tea-caddy there was a piece of lace, some buttons, and pins and needles, my property, and forty duplicates which were in my care—these are my caddy and glass (produced)—the prisoner used to live near me.
JANE MAYBANK . I deal in second-hand furniture. About a fortnight before I was before the Magistrate the prisoner brought this tea-caddy and glass to my shop, and asked 2s. for them, I gave her 1s. 7d.—there was a young woman with her.
JAMES GODDARD (policeman). I apprehended the prisoner, and asked her if she had sold any things—she said she bad, but she did not steal then, they were given her by a roan, but she could give no description of him.
(The prisoner, in a written defence, stated that she went home with a man, who, after paying for the use of the room, had but one shilling left, and he gave her that, and the articles in question, to stop with Mm the night; and he went away, leaving her asleep in the morning. That she had been convicted when twelve years old, and, after being confined three months, she, went into an Institution to redeem her character; that after staying there twelve months, she got a situation in a gentleman's family, where she remained five months; and then got another at a pianoforte-makers, and had been there a month, when Bradshaw, a policeman of the T divison, came and informed her master that she had been in custody, and she was discharged next day: that she got another situation, but her master refused to give her a character in consequence of what the policeman had said, and she was then compelled to get her living by prostitution.)
GUILTY . Aged 20.— Confined Six Months.
OLD COURT.—Saturday, June 21st, 1851.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Second Jury.
MR. CLERK conducted the Prosecution, and offered no evidence against
SULLIVAN— NOT GUILTY .
WILLIAM CURTIS (police-sergeant, K 13). On the night of 3rd May. I was on duty in High-street, Bromley, Middlesex. I saw a crowd in High-street, two men were fighting; I went through the crowd towards them, and the prisoner, Howlett, rushed upon me, struck me on the top of the head with some instrument, and felled me to the ground—I got up, and the blood flowed from my tread in a stream—I had not spoken to him—I was seized hold of by three women, and beaten about the back of the head; I cannot say
by who—I got my staff out, and the women made off—Howlett rushed at me again, and I knocked him down with my staff; I seized him by the collar as he was getting up, and we both fell—I was kicked by several persons on my back and knees—I got up holding Howlett, and William Sullivan rushed at me, and struck me on the side of the head with his fist—James Sullivan, a brother of William Sullivan, struck me with a staff, and I became insensible—I have since been under the surgeon's care—it was the two Sullivans who got my staff from me.
Cross-examined by MR. BALLANTINE. Q. Do you mean that Howlett struck you first without any provocation, or without anything being said to him? A. Yes; I had not seen him before—I had been doing nothing but speaking to the crowd to disperse quietly—I was not attacking them; I bad not my staff out—I said nothing to Howlett; he was not one of the persons quarreling—I had known him before; we were not bad friends—I knew Sullivan before; I believe he and Howlett are brothers-in-law—Cockerell took Sullivan—I and Cockerell had not been together previously that evening—I had seen William Sullivan that evening, at the corner of Frederick-street; I had not been in his company—I believe the constable Paul was passing at the time; I have no doubt about it; be was close by me, but he might not have seen me; I was not with him—I should think he saw me with Sullivan; I would not swear he did—I swear that all I said was just to ask Sullivan and the others to go on—I only saw Sullivan a minute, and then passed on—it was not far from a beer-shop in High-street, just opposite—I did not ask Sullivan to treat me to something to drink, nor did Paul, that I am aware of—I had something to drink outside the Victoria public-house, at a quarter before 12; no one treated me, I paid for it myself—the landlord served me outside the door, not the potboy—I don't know whether Sullivan was in the public-house; I swear he did not pay for it—I believe there is a potboy here—I did not know him till I saw him here—I have heard he is a potboy; I have said nothing to him about keeping away from here, and I have not heard anybody speak to him—he did not serve me or Paul with beer; I am perfectly clear about that—I do not know whether I should be dismissed if the men had treated me with beer; I should not do such a thing; I am quite sure I did not.
MR. CLERK. Q. What time was it you spoke to Sullivan? A. Between 9 and 10; I was not half a minute speaking to him—I don't think Paul spoke to him at the same time—no dispute took place—I only ordered them to move on, and not stop the footpath—I did not see him again till between 12 and I, when I went into the crowd—no potboy served me with anything to drink that night—I paid for the glass of ale which the landlord served me with—Paul was not there then.
DANIEL PAUL (policeman, K 128). I was on duty on this night, and saw the disturbance—I went into the crowd with Curtis—I saw Howlett step from the footpath and strike Curtis on the head—we were only telling the crowd to go away home—I had not spoken to Howlett—I was about three feet from him when he struck Curtis—I cannot say what he struck him with—as soon as he struck him he fell down, and the blood ran down his face—there was plenty of light, a great many shops were open—Curtis fell near the middle of the road—there was no kerb-stone where he fell—he got up and struck Howlett, and knocked him down—I went to lay hold of Howlett, and was knocked down by James Sullivan—I was held down by some other parties—James Sullivan wrenched the staff out of the sergeant's hand, struck him on the head with it, and be became senseless.
Cross-examined. Q. What was Howlett doing? A. He struck Curtis first; Curtis was knocked down; as soon as he got up he struck Howlett down, I cannot, say what with, I was down—I was not with Curtis in the early part of the evening, that I remember, when he spoke to Sullivan—I have to make my rounds at 10 o'clock, and was half a mile away from the Victoria beer-house, between 9 and 10—I passed it about half-past 11, when Curtis wan on the opposite side of the way, but at no previous time—I did not see Sullivan then; if he spoke to Curtis I must have seen it, unless my back was turned; my back was not turned, and I did not see it—I did not see him drink with him, and am equally sure I did not drink with him, or have any beer at his expense—I was not in the Victoria at all, and had no beer there—I have seen a boy here, and was told by the parties who brought him that he was the potboy from the Victoria—those parties are relations of Howlett and Sullivan.
Jury. Q. Who was on duty at the station when the charge was entered. A. Sergeant Ellis, he entered the charge; he is not here.
CORNELIUS EDWIN GARMAN . I am a surgeon, and live at Bromley, within twenty yards of where this disturbance took place. I heard it, and went into the street—I went into a house and found Curtis, partially insensible and covered with blood—I bad him removed to my place—I found a deep wound on his head, two inches long, on the frontal bone, the skin was torn from the skull—that wound might have been inflicted either by a severe blow from a blunt instrument, or from a sharp instrument; it was a clean cut—I do not think it could have been done by a man's fist; nor by the man falling on the ground, from the situation of it, and from the fact of the hair lying over it undisturbed—if he had fallen, his hair would have been torn away, and not beaten into it—my nephew, who is the divisional surgeon, attended him.
Cross-examined. Q. Why should not it have been done by striking against the edge of a kerb-stone? A. It was too much on the top of the head; the way in which the man fell might regulate it—I could detect no fracture of the skull, there was concussion which he did not recover for an hour, or an hour and a half—that would be indicative of a fall as well as a blow—I know that by the intermittant pulse; I had to administer ammonia—I do not think Curtis was at all intoxicated—I smelt his breath, and could not tell that he had been drinking at all—he might have had a glass of wine or ale, but was not under the influence of liquor in any degree.
HENRY VINCENT GARMAN . I am the divisional surgeon. I examined Curtis on the morning of 4th May; his wound was then dressed—I removed the straps three days afterwards, and found a deep scalp wound which might have been inflicted with a blunt or a sharp instrument, but not with a fist—it was nut from a fall, or it would have been a jagged wound, not so clean as it was—it was nearly on the top of the head—he was under my care three weeks, and has not been able to go on duty yet.
Cross-examined. Q. Did you examine the prisoner? A. No; I do not know whether he was struck, or had a tooth knocked out—I was not called to him.
JOHN BECK . I am a grocer, of High-street, Bromley. On 3rd May, about 10 minutes or a quarter to 12 o'clock, I saw sergeant Curtis; he was perfectly sober—about 5 minutes past I, I heard a row, went out and saw him senseless on the ground.
Cross-examined. Q. Where did you see him first? A. At my door—my shop was open—he was not buying anything—he did not come in—he was
passing—I was at my door, and spoke to him two or three minutes—I had seen him two or three times before—I think I began the conversation—I congratulated him on the quiet of the streets, but there was soon a great alteration—I am certain he was quite sober—I am subpoenaed here—I do not know what for—I did not see the fighting—Curtis served me with the subpoena—be called on me the day before yesterday, after tea time—he looked very ill, and sat down and served me with the subpoena—he remained about ten minutes; not three-quarters of an hour—several persons came in—there was another constable with him, who I have seen here to-day—it was not Paul—I do not think Curtis told me what he wanted me to prove—he told me he should require me, as I saw him just before I shut up my shop—I do not recollect that they asked me whether Curtis was drank or sober, or their saying they wanted me to prove they were sober—I did not know what was going to be asked me here—they said I might be wanted—I cannot tell whether I asked what for—I cannot tell you the substance of the conversation.
MR. CLERK. Q. Were you serving in your shop when the constable came? A. Yes; Curtis stood in the shop some little time—some customer came in, and I put Curtis into the back-room, and he sat down—several customers came in while he was there—I think the other constable was Beading—I have been there a year—I know nothing of Curtis, but by seeing him on the beat—he never sat down in my parlour before that.
WILLIAM COCKERELL (policeman, K 266). In consequence of information, on 4th May I went after Howlett—I found him in bed at his own house, about 2 o'clock in the morning—I said, I wanted him for a row which had lately ensued in the street—he said, "Clear the room, and I will go with you"—my brother officer determined not to go out, and Howlett said, "I will see you b—d before I will go"—I said, "Well; if you won't go by fair means, you must go by force"—the still kept in bed—I said, "Will you get out and dress yourself?"—he repeated the same words, and said, if I did not clear the room he would d——d soon clear it—I took hold of him by the shirt, and pulled him from the bed—he struck me twice on the breast with his fist—he called me all the epitaphs he could.
Cross-examined. Q. How far is it from his house to the station? A. Half a mile—I and another policeman were with the prisoner, and two more followed from the house—the prisoner had two children in bed with him—I pulled him by the shirt—he rose from the bed, and came on his feet to the floor—we both fell from the top to the bottom of the stairs together—I took him naked to the station, because he would not dress himself—be had his shirt on—there was no positive indecency—his wife brought his clothes immediately he got to the station—I had not heard that he had had a blow from a truncheon—his mouth and nose were bleeding, but very little—he told me, in going to the station, that he had had a tooth knocked out—I do not know that he had.
Witnesses for the Defence.
WILLIAM SULUVAN (the prisoner). I am an Englishman, born of Irish parents, and live at Bromley—I am a sailor—I came home from my last voyage about two months and a half ago—I had been to Bombay and the East Indies, and was away pretty nigh eighteen months—I was paid off for the whole voyage, from the Herefordshire, which brought home the Queen's troops—I got 10l.—I shipped from London, and came to London again—when this took place I was at work with my father, who is foreman to Wright and Westrop the riggers—on the night I was taken into custody, 3rd. May, I was at the Victoria public-house, Bromley—I have known sergeant Curtis ever since I can pretty nigh recollect—I knew him by sight, and Cockerell
also—I was bred and born in that neighbourhood—I saw Curtis on this night outside the Victoria Tom and Jerry shop—I was coming out, and he said, "Holloa Bill! where are you going?"—I said, "To make water; I have been inside with Goggin"—he said, "Will you stand anything to drink?"—I said, "I don't mind if I do"—I called the potboy—we went up the lane, and had three or four pots of ale together up the Victoria-lane, in the main street—three or four young chaps were with us who were along with Goggin, the young man I was with, but he was not one of the party—I left him inside—he is a bricklayer's labourer—Curtis was in his uniform, and on duty—it was about a quarter to 11, or a quarter after, I will not be sure which—I did not look at the clock—Paul and Curtis were together—they were both drinking with me—I paid 2s. to the potboy for the ale we had in the street—I went into the house again, and left about a quarter to 12—I then went to a public-house, called the Cross, to get a drop of spirits—Howlett is my brother in-law—I think it was a quartern of rum we had, the two of us—we left there, went towards home, and met a male and female who told me there was a row—I went on, and met the sergeant—he ran from the kerb, and struck me on the shoulder with a staff, saying, "You are one of the by family"—I said I had nothing to do with it, and he said, "I will have satisfaction"—I walked on to the other side of the kerb—he came over again, caught me by the collar, began shaking me, and said he would take me to the station—he got poking me in the back with his staff, and we both fell down—I fell against the edge of a brick wall—I was not hurt at all—I saw some blood come from his head, but do not know from what part—he appeared to bleed very freely from his head—I saw no blood when he first spoke to me—he appeared to be the worse for liquor, more so than the other man.
Cross-examined by MR. CLERK. Q. Where do you live? A. No. 3, Mann's-buildings, Bromley. I had been at work that day—I was taken on the following Friday, at my aunt's at Brentwood—I went there on the Sunday night—I was at work when this happened—I was not discharged on the Saturday night—I did not go to work on the Monday, because they were arler me; I went to my aunt's—I recollect Cockerell coming to apprehend me—I did not say to him that I thanked God it was not for theft; it was only for knocking a by policeman's head off—I said, "Mr. Cockerell, I have known you a long time; don't shame my aunt; don't take me through the town, that, the neighbours see me"—he put the handcuffs on me—my aunt came up, and I said, "Thank God, it is not for thieving!"—I did not add that it was only for knocking a by policeman's head off—I did not say I did not care a d—n, I would serve all the police alike; I did not speak a dozen words—I have been at this Court once before—it was on suspicion of receiving stolen property—I was tried, and acquitted—it is about four years ago; that was the only time—I was in custody at the station once, for taking my mother home—there was a lot of people round her, trying to pick her pocket, and Cockerell, I think it was, came and shoved me, and told me to go about my business; and a gentleman came up, and gave me in charge for ill-using her—I was bound over to keep the peace towards my mother—the gentleman gave evidence against me—that is six years ago—I swear I have not been in custody since that—I was only thirteen at the time; I was nineteen years old last Feb.—I do not know who the Magistrate was—it was at Arbour-square, Stepney—I had been at the Victoria beer-shop this night about half an hour before I saw Curtis; that was the first beer-shop I had been at that night, since I had been home and cleaned myself—I had had several pots of beer with Goggin before I came out—I paid for some, and Goggin paid for some;
we had no spirits—there were only two other persons present, and the potboy, when I had the beer with Curtis—there are only ten or twelve houses in the street, and there is no way through—we stood and drank the pots of ale in the street—I paid for 2s. worth, at 6d. a pot—I had earned about 18s. that week—I do not know the two other persons who were there—I have not seen them since—I do not live in that neighbourhood—Paul was there; he drank part of the ale—it is getting on for four years since I was tried here—do not know what month it was in—there had been a row at the time Curtis came up to me, and said here is one of the by family—Howlett was not there when Curtis and I had the struggle—he was knocked against the wall—that place is fourteen or twenty yards from the Victoria—there were no persons fighting; there were a few standing about—I did not see a constable named George Reading there—I had not hold of a constable's staff that night, and never struck Reading on the head with one—I have pleaded not guilty to it.
MR. BALLANTINE. Q. What was it you were charged with receiving? A. Some money; I think it was four half-crowns—a girl had robbed a gentleman, and he swore he saw her give the money to me—I was in Wright and We strop's service then—I did not receive a character from Mr. Wright—I was tried in the name of William Sullivan—I went back to Messrs. Wright's, and was still in their service when I was taken up—I have continued to work for them when I have been in England—I was at home, living in the neighbourhood, after my discharge, for two years and a half before I went to sea—I never lived in any other neighbourhood—I went to Bombay, and came back, and then this occurred—my mother is here—she did not appear against me before the Magistrate—she got bail for me the same night—I have lived with her when I have been in this country ever since—I have not left her—I do not know the name of the potboy, for the Victoria was not built when I went away—I have seen him once or twice since I have been here, but not to know him—I had three or four pots of ale with Goggin, and my share of three or four pots outside—there were three or four of us drank it—I paid for one pot inside with Goggin—I was solemnly sober—I did not see Goggin again that night.
JOHN SLODDEH . I am sixteen years old, and was potboy at the Victoria on 3rd May; but since I have come up to speak the truth my master has discharged me; he discharged me last Tuesday night; his name is Mr. Philcox. I remember serving some beer outside the house that night—William Sullivan paid for three pots of ale; William Shielwood for one; and Daniel Fitzgerald for one—it was at the corner of Peter-street, near the Victoria—Sullivan paid 18d. for three pots of sixpenny ale—I did not take the ale out—Shielwood took out the pot he paid for, Sullivan what he paid for, and Fitzgerald what he paid for—the two policemen helped them to drink it—they had the last pot just as I was putting up the last shutter—they came down by the side of the house—I cannot swear to the policemen, because the light was put out—they had their uniforms on—they had some of each pot—one was a short policeman—they have not spoken to me since—a policeman spoke to my master outside the door when I was putting up the shutters—I was discharged when I went home from here last Tuesday—I had no warning.
Cross-examined. Q. How long had you been in Mr. Philcox's service when you were discharged? A. Two months and a week; I was the only potboy there—since that I have been living with my mother and father-in-law, in Wombwll-street, Poplar—the last pot of ale was drank just outside
the door—they took it down Peter-street—I did not take out any pots of ale—I was putting up the shutters when they were drinking it, and just as I put up the last shutter, one policeman came and touched me on the shoulder, and said if I went down Peter-street I should find the pot and glass on the window ledge—the two policemen and the three parties who paid for it were drinking the ale—there were plenty of other persons in the street, but I do not know who they were—my master was clearing the house—they were all coming out of the tap-room, which was full, at the time Sullivan was there with the last pot of ale—he took the three pots out one at a time—it was ten minutes or a quarter of an hour between the first pot and the last being taken out, because the policemen said they had better drink the last pot quick—Fitzgerald lives near Coventry Cross public-house; the other man lives in Frederick-street, Bromley—I came here to speak the truth—I was subpoenaed here on Monday—Mr. Sullivan, the prisoner's brother, brought me the subpeena—this is it (produced)—I told my master I was coming—I had a subpoena for Arbour-square, but my master prevented my going there, and he has got my subpoena—that was when the prisoners were before the Magistrate—he told me if I went I should lose my place, and I did not like to lose it, as I had got no father.
MR. BALLANTINE. Q. When was the last subpoena served on you? A. On Tuesday or Wednesday in the week before last—I did not give that to my master—the gentleman gave it to me, and I have kept it ever since—I got 1s. with it—I came up on Monday, and on Tuesday I was dismissed—I am living with my mother now—I had only known Sullivan about two or three nights—I did not know his parents or family before that night—I never saw Howlett to my knowledge before—I had no shilling when I was subpoenaed to go to Arbour-square—I have had my victuals given me since I have been here, by the prisoner's parents—they are poor people—before this I was at a public-house in Tooley-street twelve months, and before that at a ginger-beer factory for three summers—I had not known any of the policemen before.
THOMAS CARTER . I am a labourer, of Park-street, Bromley. On 3rd May, about 12 o'clock at night, I was speaking to James Sullivan and James Nicholson in the road in High-street, when George Reading came from the direction of the Coventry Cross—James Sullivan is a brother of William—Reading put one hand in my neck, and the other in my backside, and said, "Go on"—I said, "All right, master; we are not drunk, and we are not kicking up any row"—he seized me by the handkerchief, and said, "If you don't go on, I will turn you over"—I said there was no cause for it, and we had not been there more than a minute—he left go of me, and I told him if he did it again, I would give him a smack on the nose—he walked four or five yards, came back, renewed his hold of my handkerchief, and we both fell into the road—I got up, and went away—Howlett was not there at the commencement of it—there had been no row before that.
Cross-examined. Q. Do you know where Mr. Gannan lives? A. Yes; this happened higher up the street than his door; it was about half-way between the Victoria and the Mulberry-tree—I did not see William Sullivan—I saw Curtis and Paul—Curtis was with Reading—I did not notice that he had a bloody head—the surgeon's house is nearer than the place where the struggle took place to the Victoria.
ROBERT HUGHES . I am in the grocery and general line, at 3, High-street, Bromley—that is both a low neighbourhood and a respectable one—I have caught eels in that neighbourhood for thirty years—I know Howlett—
on 3rd May I had bolted my door, and closed my shatters—it was about 10 minutes to 12 o'clock—there was no row going on then—I stood at the door smoking my pipe, and at 10 minutes past 12 I saw a mob coming from the Coventry-cross, and saw Curtis and Reading following three young men with smock-frocks on—when they came opposite my door, Reading pushed the middle man, who turned round, and said there was no occasion for it, for they were going home—they followed them twenty or twenty-five yards further, towards the Mulberry-tree, and used the same words again, "Go on"—they still walked on, and made no answer, and the two policemen turned back—I do not know the men, but I swear the policemen were Reading and Curtis—there is no light when my door is closed, for thirty-five yards from it—I saw James Sullivan, Thomas Carter, and a man named Nicholson, standing in the road, between the two kerbs—Reading pushed Carter, and said, "Move on"—Carter said, "All right, master; we are going directly"—Reading said, "If you don't go on, I shall turn you over"—Carter said, "There is no occasion for that, for we are going"—the sergeant and the other man caught Reading by the sleeve, and said, "Come along, let us go further down"—during that time the mob were coming up from the Coventry-cross, from the Queen Victoria beer-shop, and from Bromley-locks—Reading turned back a second time, caught Carter by the collar of his frock, a scuffle issued between them, and they fell—then the sergeant returned—I can take my oath neither William Sullivan Howlett were near the spot—I went into my house, and closed the door; I then heard a fall against my door, went up-stairs to see what was the matter, and saw a policeman lying against the stone at the step of my door—I do not know who it was; there was no light.
Cross-examined. Q. How far do you live from Mr. Garman? A. I think four houses, and the street parts us about twenty-five or twenty-six yards—Mr. Garman's is nearly opposite the Victoria—neither of the prisoners were there when Carter and Reading were down together—there was no noise when the mob were coming up the street—they were coming out of the public-houses, and were going home—I neither saw the row nor heard any hallooing; and I saw the mob close to my door—I closed my door, lest they should rush in, and break all my things.
COURT to WILLIAM SULLIVAN. Q. Were you tried here more than once? A. No; I stick to it that it was four years ago—I should say so—I do not think it was Jan last year—I have been clear eighteen months away—I should think it is longer ago than Jan., 1850, that I was tried here; I will not swear it was not then—Mr. Ballantine defended me—(It appeared by the Sessions Paper, that the trial was in Jan., 1850, see vol. 31, page 311.)
MR. GARMAN, sen. re-examined. I know where Hughes lives, I found Curtis in the next house, when I first saw him; not in the road; that it twenty-four or twenty-five yards from the Victoria—I should not expect a man who had received this blow would be able to get his staff out and return it.
COURT to WILLIAM CURTIS. (Paul being sent out of Court.) Q. Do you recollect seeing anything of any ale pot on the window-ledge that night? A. No; I did not see the potboy, to my recollection, till I saw him here—it was not me who told him there was a pot on the window-ledge; I did not speak to him—I have not been to Philcox's house; I have not seen him since.
COURT to DANIEL PAUL. Q. Did you see anything of a pot on the window-ledge that night? A. I did not—I did not speak to Slodden that night—I bad not been to Philcox's house, I do not know who it was.
GUILTY** on 2nd COUNT. Aged 30.— Confined Six Months.
GUILTY to a Common Assault, and Mr. Clerk offered no evidence on the felouy.
Aged 19.— Confined Three Months.
ALLEN— GUILTY .* Aged 19. Transported for Seven Years.
TRIBE— GUILTY . Aged 15. Confined Four Months.
(TRIBE received a good character.)
NEW COURT.—Saturday, June 21st, 1851.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 18.— Confined One Month. MR. ROBINSON conducted the Prosecution.
WILLIAM GREEN . I reside at Whetstone, in the parish of Finchley; these articles belong to my son, William Green. On 30th May, I delivered them in a bundle to George Ham at the Bull, at Whetstone, to be carried to Holloway—on 3rd June, I saw Young with a shirt on—I had suspicion it was my son's, and gave him into custody.
Cross-examined by MR. O'BRIEN. Q. Did not Young say he found it? A. Yes.
GEORGE TAYLOR . On 30th May, Ham delivered the bundle to me. I put it in the corn-measure in the back-room at the Bull—the prisoners were there that night—they passed through the room where the bundle was when I bolted the door.
Cross-examined. Q. Did not a great many others pass through? A. I did not see anybody else. Manning had a wagon—he stopped, and put his horses in the stable—they went away between 11 and 12 o'clock.
WILLIAM PESTELL . I work at Harpenden, under the same master as the prisoners. On 31st May, Young brought me a bundle into the barn—he said he had found it on the road—he untied it, and showed me two shirts, two handkerchiefs, and a pair of stockings—Manning was in the barn; he said nothing about the bundle—he showed me an apron, which Young gave him, and Young gave me an apron.
Cross-examined. Q. Young said he had found the bundle? A. Yes.
WILLIAM GOSLING (policeman, S 366). I took Young—he had the shirt on; I saw Manning on 3rd June—I said, "You are aware I have got your man in custody?"—he said, "Yes; I know those things were stolen"—I asked if he knew anything about the property, or where I could find it—he said, "I know nothing about it; but very likely you will find some of the things in the barn at Harpenden"—I went to the barn, and the next morning I went to his house—I said, "I have searched the barn, and found nothing"—he
said, "I know nothing about it, I can't tell you anything about it;" on 4th June, I took Manning—I said, "I understand you have rewired a portion of this property?"—he hesitated, and said, "Yes, I did; I received an apron, and threw it into the locker at Whetstone"—I said he must come to London, and in coming he said he had had the apron put in his hat—he then said he never received it; and then said a boy threw it in his hat—I found the apron in the locker at Whetstone.
Cross-examined. Q. When was Young taken? A. At a quarter before 5 o'clock on 3rd June—I had not looked after him before—I never saw Manning till I saw him at the Bull.
(Manning received a good character.)
NOT GUILTY .
ELIZABETH HEARN . I am the wife of Edmund Hearn, a grocer, in Clerkenwell. The prisoner was in his employ from 19th May to the 27th, as shopman—I watched him on 27th May, and saw him put his hand into the till, and take out something, I did not' see what—he came round the counter, and put his hand down—I said I had seen him take something out of the till, and I asked him to give it me—he held out his left-hand, and there was nothing in it—I said, "It was with your right-band I saw you take it; "he then opened his right-hand, and there was five shillings—it was my husband's—he said he took it to pay a small debt, and he would have put it back again.
Prisoner. I went to a tub of sugar, and took the five shillings and a penknife out of my waistcoat-pocket to put it into my trowsers-pocket—I came to the end of the counter, and my mistress said to me, "What have you in your hand?" I showed her the five shillings; she said, "This is my husband's;" I said, "No, it is my own; I brought it out of my bedroom this morning;" the policeman knows that I went back, and took my penknife.
Prisoner. Q. I told you I had left a penknife on the counter? A. Yes, you did—I do not recollect your finding one.
GUILTY . Aged 18.— Confined Three Months.
Prisoner. Q. How can you swear to them without any marks? A. I put these straps on myself.
JOSEPH CHEETHAM (policeman, T 207). I met the prisoner at half-past four o'clock on Sunday morning, with a large bundle, with these things in it—he was about 150 yards from the stable where they were left.
Prisoner. The policeman asked the witnesses to come against me, and said they would have 3s. 6d. a day. Witness. I did not.
GUILTY . Aged 20.— Confined Two Months.
MR. RYLAND conducted the Prosecution.
CHARLES HAWKES (policeman, S 295). On 2nd May I was on duty at Barnet, about 10 minutes before 6 o'clock in the morning—I saw the prisoner in the street, driving about twenty sheep towards London—they were of different breeds—I asked him where he was going to take them; he said, "To No. 4, Portland-terrace, to Mr. William Johnson, a butcher, he has a house five miles on this side London"—I told him I was not satisfied with his statement, and asked if he had not got a note or a memorandum, to satisfy me that it was correct; he said, "No, they were bought at Stoney Stratford, on 28th April, by Mr. William Johnson; he is my brother-in-law; I was present when he bought them at a market"—on the road, about a mile from Barnet, I said, "Mind, I ask you, have you a letter?"—he said, "Well I had one," and fumbled about in his pocket-book, and said, "I have lost it"—I handed him and the sheep over to Goodman, who went to town with him.
Prisoner. Q. What did you first say to me? A. "Where are you going to take these sheep?"—I should have taken you then, but my sergeant came up, and he thought it would be more prudent to go further, and make more inquiries, and see the truth of your statement—I had a right to take any one who had sheep if they did not give me satisfaction—I might have said that your dress was not such as drovers usually wear—I will not swear that I did not say if you were not a drover, you must be a thief—I found Goodman at Finchley-common, in his own house—I do not know that he was in bed; he was up-stairs—I told him what had taken place.
THOMAS GOODMAN (policeman, S 70). I was at home, on 2nd May—Hawkes came and told me about the prisoner and some sheep—I went on, and overtook the prisoner on Finchley-common, with another man—he had twenty sheep, which appeared of different breeds and sorts—I joined him—he turned to me, and said, "Come on, brother drover!"—I said, "Where are you going to?"—he said, "Five miles on this side London, to Mr. Johnson, a brother-in-law of mine"—he said he had brought them from three miles on the other side of Stoney Stratford, but he had brought them that morning from St. Alban's—when we got two miles and a half or three miles further, to the Bald-faced Stag, he began to make inquiry if a Mr. Johnson lived in the neighbourhood—he was told that he lived a little further on, on the right—he said, "I am glad we have got here; I am tired"—he went to the place, and rang a bell which did not belong to the farm—the servant told him that Mr. Johnson's farm was further on, and pointed to the yard—the prisoner drove the sheep into the farm-yard, and was coming out—I said to him, "Had not you better acquaint Mr. Johnson about it?"—he said, "It will be as well"—I had asked a labourer if Mr. Johnson was at home, and he said, "Yes"—the prisoner said, "I will go and see him"—he went on some distance towards the house, but not to the house, and he returned back to me, and said, "Mr. Johnson is gone to town"—I said, "That won't do for me"—I took him back to the house, and there saw Mr. Johnson—the prisoner said to him, "Good morning; I have brought some sheep for you"—Mr. Johnson said, "Where from?"—he said, "From three miles on the other side of Stoney Stratford"—I said, "You told me Mr. Johnson was a brother-in-law of yours"—he said, "Yes, he is"—Mr. Johnson asked him what day they, were bought—he said, on 28th April; that Mr. Johnson bought them at Stoney Stratford, in his presence, and sent him to drive them up—(he said the Mr.
Johnson who sent him with the sheep was his brother-in-law)—Mr. Johnson said his brother was not there on that day—the prisoner made no reply—Mr. Johnson asked where the sheep were—I said, "In the farm-yard"—he went with me, and saw them—he said, "My brother would not buy such sheep as these"—I asked Mr. Johnson to let the sheep stay there while I went on with the prisoner—I went on to Highgate station, and told the inspector—the prisoner said if he might go on he could find the owner at 4, Portman-terraee, and he was to be found at the Mitre, at Lisson-grove—we went to the Mitre first—the prisoner asked the landlord if there was a Mr. Johnson who fre-quented the house—the landlord said he had no recollection of any such person in the neighbourhood, or using his house—I then took the prisoner to Portman-square—I said to him, "Do you think it likely that a Mr. Johnson, a butcher, would live here?"—he then took me by the arm, and said, "It is useless taking you any further"—he began to cry, and said, "The sheep are stolen; but they are mine, and my money bought them"—I cautioned him that what be said I must repeat—he said, "If I am transported I can't help it; I am regularly duped into this job; you will never find where the sheep came from, they came too far out of the country for that; suppose they came two from one drove and two from another"—he said, "I met with them three miles on this side St. Alban's; it is false what I said about their coming from Stoney Stratford"—he said a man gave him 5s. to drive them up to London.
Prisoner. Q. What did you say when you first came to me? A. To the best of my recollection, you spoke to me; you made a great many observations to me—I believe I declined giving you an answer—I think Hawkes's name was mentioned—I did not say where I was, or what I was going to do—I did not say I was in bed—the officer found me at my own house—I was up-stairs, but was not in bed—I did 'not say that I had been playing at cards the night before in a public-house, or drinking—I did not say I had been as, drunk as a cove overnight—I called at the Torrington Arms, but did not have any gin—my object in calling was to inquire what you bad been there for—I swear I did not call for a quart of porter; you called for it, and paid for it—the next public-house we came to was in Kentish-town—I met a policeman whom I knew, and we had a pot of beer between four of us—we called at another public-house in Park-street—I met my wife's sister, and we had a pot of beer amongst four of us—there was you and the man that was with you, carrying a bundle—I paid for the one pot in Kentish-town—on coming to Mr. Johnson's you inquired for him, and you and your friend opened the gate—I should have been sorry to have let you go 300 yards before me; you were not more than ten yards—I followed you close to the yard—I was within ten yards of you when you came out of the yard—the moment you drove the sheep in, you shut the gate, and was going away, when I stopped you—I did not give you the opportunity to get away—I believe the Mr. Johnson we saw there keeps that farm—I will swear yon said that Mr. William Johnson, his brother, was brother-in-law to you—I never considered you a prisoner till we got to Portman-square—I did not ask you any questions till we got to Portman-square—there you said the sheep were stolen, and I cautioned you—I very likely said I had been a policeman ten years—I did not say I had 20s. a week, and I should be very glad if you could put me in a way to get something better; nothing of the sort—when you got to the Mitre you asked if there was such a person as Mr. Johnson, a butcher, about there; and the landlord said, "No"—I then proposed to go to a brother-in-law of mine, who lives at the Richmond Arms—I had some bread and cheese
and beer there—I did not compel you to pay for it—you proposed some spirits, and I said, no, you had had enough—I did not sit down on the form And fall asleep—I did not put handcuffs on you—I did not ask you to pay for the conveyance home—I believe, when I overtook you, I asked if the sheep were your own—I did not say, "I know they are your own"—I did not say, "We will have a jolly spree when we turn them into cash"—I swear I never repeated such words—I never said, "I shall expect 10s. or a crown for my trouble."
Prisoner's Defence. When I met Hawkes, I told him if he had any doubt he should take me into custody, and bring me before a Magistrate, and then I should try to throw as much light on the subject as I could; but there was no evidence to prove that I stole them, or received them knowing them to be Stolen; I should be much obliged to the officer if he would state what he said; I told him he should have no direct answer from me; I said, "I don't think you have any right to stop me; if you have, take me before a Magistrate;" he did not think proper to do so, but sent another officer with me; I have been remanded for seven weeks, and never had a chance to get any friends; I did not tell him that I was brother-in-law to William Johnson, nor that Mr. Johnson was the party that bought the sheep; he says that I said I saw Mr. Johnson buy the sheep—it is totally false; I have never seen the man, nor do I know there is such a man living; the officer was actually drunk when he came to me, and he insisted on calling at every public-house, and on my paying, as he was altogether incapable of taking care of himself or me; he said if I turned the sheep into money, he should like to go into the business of droving, for he thought it was better than being a policeman, he was tired of it, he could not get 1l. a week, and I think that a man's liberty is not to be sworn away in that manner; I leave my case in your hands, and ask you if you have a witness to prove that I stole them, or knew them to be stolen.
GUILTY on 2nd COUNT , Aged 28.— Confined Twelve Months.
MR. CAARTEEN conducted the Prosecution.
AARON LEMON (through an interpreter). I am a printer, and live at an institution in Palestine-place, Bethnal-green. On 9th May, I was walking with a friend in the neighbourhood of Spitalfields; at the corner of a street there were five or six persons standing, who had thrown a potato through a window, and they surrounded me and my friend, making gestures as if we had broken the window—the prisoner was one of them—he took me round the waist, and another person (See page 77) took a watch out of my waistcoat pocket, and broke the guard—they both ran away—I am sure the prisoner is the man.
Cross-examined by MR. O'BRIEN. Q. Had you seen him before that day? A. No; it was about 12 o'clock—Mr. Abraham was with me, who is in the same institution that I am—the next time I saw the prisoner was at the police-court, about a month afterwards.
THOMAS TOWNSEND (policeman, H 54). I was on duty in George-street, Spitalfields. About noon, on 9th May, I saw a crowd, and went to see what was the matter—I saw the prisoner holding Lemon round the waist, and swaying him about—they appeared to be struggling—I saw another person on the side of him—when I came up they ran away—Lemon's watch-guard was hanging loose, and no watch to it—he said something I could not understand, and put his hand to his waistcoat-pocket—I ran after the prisoner, and caught him about 100 yards off—I searched him, and found nothing on him;
I left him, and ran after the other man—he was caught by a brother constable, who had got the watch when, I came up—I then returned, but could not find the prisoner—I have not the least doubt that he is the man; afterwards found him in Petticoat-lane, at 1 o'clock on Thursday morning, 5th June—I went up to him, and told him I should take him into custody for being concerned with another in stealing a watch—he said, "You know I urn innocent; why did not you take me before?"—I had seen him once, but did not take him then on account of his being amongst such a desperate gang of thieves, and my being alone—he was in a lodging-house for thieves in Keate-street, Spital fields.
Cross-examined. Q. Were you in that house that you give the character of? A. I had been there several times, taking thieves out of it—I was not in the house when I saw him—I know when he was with the other man—he lived in Wilson-place, Flower and Dean-street, but he removed from there—when I saw him in the house in Keate-street, it was about 29th or 30th May—he did not come out of the house—he came up to the window which was open, and sung out my name as I was passing—I do not think I spoke to him—I do not know whether I did or not—I was not a yard from him—I did not see him on 3rd June—when I had searched the prisoner, the other man had just turned the corner of Keate-street to Flower and Dean-street—he was about thirty yards off—when I came back a great many of the crowd remained there—I did not notice every one.
MR. CAARTEEN. Q. Had you known the prisoner before living in Wilson-place? A. Yes; I went there the same day to look for him—I watched the place afterwards—when I came up to him on 9th May, I asked him where the watch was, and put my hand into his pocket, and searched him behind—I found he had nothing, and left him.
GUILTY .* Aged 22— Transported for Ten Years.
CHARLES THOMAS . I am a shoemaker. These articles are mine—I lost them on 15th May, from my lodging, 6, King-street, Brick-lane—the prisoner worked with me for my employer, and shared my apartment—I left the house about 9 o'clock in the evening—the prisoner was there—I told him not to leave until I came back—I was gone half an hour, or rather more—I returned to the house; he was gone—I got in at the window, and misted all these articles which were in the room when I left it—they are mine—this hammer belongs to John Noyes—it was in my room.
THOMAS ANSCOMB (policeman, F 63). On 15th May, I met the prisoner carrying this property in a bag on his shoulders, about half-past 11 o'clock at night—I stopped him—he said it was his own, and he was taking it home.
JOHN BURBIDGE (policeman, G 89). I produce a certificate of the prisoner's conviction at this Court—(read—Convicted April, 1850; having been before convicted, confined one year)—I was present—he is the person.
GUILTY . Aged 27.— Transported for Seven Years.
(There was another indictment against the prisoner.)
ELIZABETH BIGWELL . I am the wife of Francis Bigwell. On 20th May, I was at my sister's, Catharine Paraons, in Ironmonger-row, St. Luke's—she went out about 8 o'clock to fetch a loaf for breakfast—while she was gone
the prisoner came—I said my sister was not at home—she said, "I know she is; she is in bed"—she pushed the door open, and came past me into the room—she commenced taking down a dress which was behind the door—I prevented her—she said, "I want something to pawn, and I know your sister will let me have it"—I said, "You had better wait till she comes in"—she took a night-shirt, a piece of patchwork, a bottle, and a shawl, folded them up, put them in her apron, and ran down-stairs—I was in the room only partly dressed.
CATHARINE PARSONS . I am a widow, and live in Ironmonger-row. I went out on this morning—I might be gone about ten minutes—when I came back I missed a shawl, a quilt, a night-shirt, and a bottle—they were mine—I knew the prisoner by the description my sister gave me—she had robbed me before—I went to look for her, but did not find her—I afterwards found her going into a public-house with my shawl on her back, and one of her own shawls over it—I took my shawl from her, and charged her with having taken the night-shirt and quilt—she had some halfpence in her hand, and I said, "I suppose the money you have got is what you sold my things for?"—she said what she had got neither I nor anybody else should have; the gin-shop should have it—I gave her in charge—this is my shawl—I never gave her authority to pawn these things.
GUILTY .* Aged 21.— Transported for Seven Years.
HENRY BENNETT . I am a shoemaker, at Chelsea. On the night of 2nd June, I was in Edge ware-road, between 12 and 1 o'clock, I saw the prisoner near the New Inn—we spoke to each other, and tossed for a pot of beer—I lost, and we had a pot of beer which I paid for—we came away from the New Inn together, and walked in conversation as far as Upper Seymour-street, and all on a sudden he tripped me up, fell on me, struck me in the mouth, put his hand in my pocket, and took out a little tin box containing 1l. 19s.; there were eight half-crowns in it, a 5s.-piece, and the rest in shil-lings and sixpences—I felt his hand in my pocket; I called, "Police!" as loudly as I could—the prisoner made off—I went after him as fast as I could, but I did not know which way be went—I had had two or three half-pints of beer—this is the box (produced.)
Cross-examined by MR. O'BRIEN. Q. Had you seen him before? A. Not to my knowledge—I am sure he is the man.
WILLIAM CROCKER (policeman, D 125). I was on duty, and saw Bennett lying on the pavement, and the prisoner on him, at the corner of Upper Seymour-street; the prisoner was attempting to pick his pocket—when I came within four yards of Upper Seymour-street, the prisoner got up and ran away—I followed him, and called, "Stop thief!"—I saw him stopped by another officer—I had not lost sight of him—when I came up to the prisoner, I asked him what was the matter; he said the other man had struck him—I took him back to Bennett, and he said, "That is the man that tripped me up, and robbed me of a yellow box, containing
1l. 19s.—I took the prisoner to the station, and found on him eight shillings, a tobacco-box, a comb, and a key.
Cross-examined. Q. Did you never lose sight of the prisoner till he was taken? A. No; I was not more than four yards from him when he was stopped, and I was about that distance from him at the time he started—the prosecutor had been drinking, but was not much the worse for liquor.
JOHN THOMAS ASH . I was sitting in my shop, 8, Adam-street West, I heard a cry, opened my door, and saw the prisoner running—I ran towards him, saw him throw something down an area, and heard the crack of a pane of glass—I saw him stopped, he is the same man that threw the article in the area—he was asked why he ran, and he shuffled, and made out that it was something of a quarrel—I showed the policeman the area.
WILLIAM BATES (policeman, D 223). I saw the prisoner running, and stopped him—I afterwards went to the area which was pointed out, and found this tin-box, and one crown, eight half-crowns, ten shillings, and two six-pences, thrown about the area—they make up the money lost, all but three shillings—I saw three panes of glass broken.
GUILTY . Aged 20.— Confined Eighteen Months.
THIRD COURT.—Saturday, June 21st, 1851.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. HUNTER; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Eighth Jury.
JAMES BANTON . I live with my son-in-law, at 12, Northampton-row, Clerkenwell. On 5th June, about 12 o'clock, I came home, and missed my watch, which I had seen hanging up in the back-parlour the same morning, before I went out—this is it (produced.)
MARY PURLE . I am the daughter of the last witness's son-in-law. The prisoner was our servant—I saw the watch hanging up by the side of the mantel-piece 5 minutes before the prisoner went out, and I missed it immediately she was gone—she came back in about an hour—we were very much upset with the loss, and she asked what was lost—I said the watch—she said it was there when she went out.
Prisoner. Banton said he would not prosecute if the money was given up to him, and when the money was given him, he said he would prosecute to the utmost of the law. Witness. The money has not been offered.
Prisoner's Defence. A young man gave me the watch to pawn; I gave him the money, and never saw him again; I did not know it was my master's till I came back.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 17.— Confined Three Months and Whipped.
MR. PARRY conducted the Prosecution.
JOHN SMITH . I am a baker, at 12, Drury-lane. On 19th May, at half-past 8 o'clock in the evening, I was in Great Wyld-street, and saw the prisoners in front of me, walking arm-in-arm—I was sober, I had just left my work, and had 9s. 5d. in the pocket of my flannel-jacket—Thomas bounced against me, and knocked me into the road—he appeared to be drunk, and said, "Well, Mr. b—baker"—I said, "What did you do that for?"—he said, "If you say anything to me, I will smash you"—Williams said, "Why don't you hit the b down?"—I turned round with a wooden bowl I had in my hand, to keep them off, and felt one of their hands in my jacket-pocket while they were knocking me about—I cannot say whether they took any money then—some men came and pulled Williams away, and I took my money from my jacket-pocket and put it into my waistcoat-pocket—they must have seen me do that—after that Thomas fenced against me again, and struck me, and I threw him down—he got up, fenced towards me again, and Williams came behind me, and got his hand into my waistcoat pocket, where my money was—I seized hold of his hand while it was in my pocket—Thomas rushed in upon me, I threw him down again, and a shilling dropped—Thomas picked it up, and I said, "Give me that shilling, it is mine;"—I called out to the people, "Keep them away from me, they are robbing me!"—Thomas made no answer, but fenced towards me again; some one called out, "The. police are coming!" and they both ran away—I went into a public-house, counted my money, and missed 3s. 6d.—about ten minutes after, I gave information to a policeman, and about twenty minutes after went with him to a public-house in Great Wyld-street, where I saw the prisoners, and gave them into custody.
Cross-examined by MR. METCALFE. Q. Are you a journeyman baker? A. Yes; Thomas appeared to be drunk before I came up to them—as I passed by he shoved me—I did not then strike him, I only used the bowl to defend myself—I did not fight them at all, we were struggling together—Williams struck me first—when his hand was in my pocket, I caught hold of it, but he got it away just as it was, because Thomas rushed in and knocked me down—I did not see Williams after the shilling dropped—Thomas only rushed at me once after—I had never seen either of them before, but I am sure they are the persons.
MR. PARRY. Q. How long did you see them? A. Twenty minutes—I swear they are the men—Thomas ran away—I do not believe he was drunk at all—they kept together, running down Wyld-street, as long as I saw them—Thomas did not run like a drunken man, and he did not appear drunk when I saw him afterwards.
THOMAS GILSON (policeman, F 151). On 19th May, about 20 minutes to 9 o'clock, Smith gave me a description, and I went with him to a public-house, where I apprehended the prisoners—Smith gave them in charge as the parties who had robbed him—Williams was sober, and Thomas appeared so when I first took him; but when I got him to the station, he appeared a little tipsy—be had had nothing on the way to make him so—I found 2d. on Williams.
Cross-examined. Q. Was Thomas sober, or not? A. He appeared at the station to make himself very drunk—I did not smell his breath—he seemed to fall about as if he had no senses.
MR. PARRY. Q. Did he appear more drunk when he got to the station than when you took him? A. Yes; after he had been there a little while.
Cross-examined. Q. Had he been searched at the station before that? A. Yes; be and Williams had been together.
THOMAS— GUILTY .**† Aged 22.— Transported for Ten Years.
GUILTY . Aged 30.— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
WILLIAM BRAND (policeman, S 199). On 2nd June I saw the prisoners in Lower William-street—they were tipsy; Suggett wanted to fight—I told him to go on, and he gave me an abusive answer—the woman was particularly tipsy, and fell down twice—I got assistance, and took them to the station—I there found this hand-saw, twisted round the bottom of Suggett's coat (produced)— he said it was his own; he was a carpenter—at the bottom of the coat-skirt I found this shirt (produced)—it was not dry—it is marked, "Thomas Sharpe, 4931, Queen's Company, First Battalion Fusileer Guards, No. 3"—he said it was his own, but it was too wet to put on.
Suggett. Half head was not with me; she is innocent.
ELIZABETH FRIARS . I am the wife of Henry Friars, a soldier, and live at 36, Henry-street, Portland-town. This shirt belongs to Thomas Sharpe—I had it to wash for him on 2nd June, and hung it out in my back-yard to dry. with twelve more, about half-past 2 o'clock—I took them in at night, counted them next morning, and missed this one.
GEORGE GRAVBS . I deal in furniture, and live in Henry-street, Portland-town. This saw is mine—I have a piece here (produced) which fits to where it is broken—I saw it safe on Saturday, 31st May, in my kitchen—on the Monday, I went home between 5 and 6 o'clock, and found Halfhead in the shop, and Suggett walking up and down the passage with his hands in his pockets.
Cross-examined by MR. ROBINSON. Q. Do you know Halfhead? A. No; I never saw her before then, and did not see her again till she was in custody—I swear she is the person—I thought they were buying things of my wife.
JOHN MULVANY (policeman, S 400). I took Halfhead to the station. When the shirt was found on Suggett, she said, "That is his shirt; I washed it yesterday morning, and asked the woman who lives in the front-kitchen to air it for me. as I bad no fire."
Cross-examined. Q. Was it folded up at the time? A. No; unfolded, hanging on my arm.
Suggett's Defence. I have had my skull fractured, and a very little drink takes effect upon me, and I do not know what I am about.
PETER BRANNAN (policeman, D 47). I produce a certificate—(read—Clerkenwell, Charles Suggett, convicted, Jan., 1851, confined two months)—I was present—the prisoner is the person—he made the same defence then, and there was a former conviction at that time.
SUGGETT— GUILTY . Aged 44.— Confined Six Months.
HALFHEAD— NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
(The evidence was interpreted to the prisoner.)
CHARLES HENRY BLACKWELL . I am assistant to William Greedey Mott, of No. 12, Cheapside, in the parish of St. Vedast Foster. On 6th June, about a quarter-past 8, I heard a smashing of glass, ran out of the shop, and saw the prisoner, about thirty yards off, with a cream-ewer—I caught him, and brought him back—the window was smashed—the cream-ewer is Mr. Mott's. (The prisoner's statement before the Magistrate was here read: "I took it, that I might put myself in security in a prison of the Lord Mayor's.")
WILLIAM NORMOYLE (policeman, H 33, the interpreter). I have known the prisoner since he was in custody last March. I told the committing Magistrate that I considered him insane—when he was charged before, he thanked me for my attention to him, and told me that he knew the Emperor of Russia and his brother, and all the Potentates of Europe, and he would better me, and take me out of the police; and that he was in communication with the secret police and the Queen—I called the attention of the Governor of the House of Correction to his state, to see if he was a fit object for a lunatic asylum—one of the turnkeys told me that he had on a straight jacket three parts of the time he was in prison.
MR. BRIARLY. Q. Did they send him to an asylum? A. I think not; but he is decidedly deranged, as far as I can ascertain.
(Mr. Wright, the Deputy-governor of Newgate, stated that Mr. M'Murdo, the Surgeon of the Gaol, had seen him, and considered him sane).
(The prisoner, whose hands were restrained, addressed the Jury in broken English, stating that he was a political refugee of the Papal States; that he discovered a Papist conspiracy in London and Switzerland; and that at present he communicated to Government all conspiracies against Protestants; that the officers in the House of Correction sought to murder him by night; and that he was in his proper senses; that he had struck four officers, because they accused him of unnatural practices; and that if he was out of prison, his life was not in security, on account of the Catholics; that he was obliged to run all night through the streets, and never shut his eyes for twenty days; that he was at war with the Pope and the Jesuits, and wished to be sent to Hamburgh, where he would be in safety.)
ROBERT CHECKLEY (policeman, H 16). I had him in custody on the previous occasion. I took him about half past 9 o'clock at night, and had charge of him for about two hours next morning at the police-court—I believe he was quite insane then—he talked so wild I could not understand him—it did not appear put on.
NOT GUILTY, being insane.
MR. W. J. PAYNE, conducted the Prosecution.
JANE BEGARNIE . I am a widow, and live at 8, South Conduit-street, Bethnal-green; the prisoner is my son, and lived in Alfred-place, about ten minutes' walk from my house—he has been in the habit of visiting me, but I do not know whether he was aware of my having this tin box in my bedroom. On 15th May, about 6 o'clock in the evening, I went out, leaving the box
locked, in my bedroom, and a cash-box in that, locked also, containing a few sovereigns—there was a milk-jug, a cup, a quart mug, some spoons, two pairs of sugar-tongs, and other things, which I forget now, as my memory is so bad, in the tin box—I came home about 11, and found the box gone.
Cross-examined by MR. ROBINSON. Q. Were there a great many papers in the box? A. Yes; the probate of my husband's will was there—I do not know whether the prisoner has often complained of being an outcast from the family, and that he has not had his rights; or that he has complained that he has not had his share of the property—he has never wanted to see the will—there were other papers besides that—I have recovered all the property—if he had been sober he would not have touched anything.
MR. PAYNE. Q. Have you got all the money back? A. I cannot say; he could have looked at the will if he had wanted.
MARIA DUPIN . I am single, and live in this house. On this night Mrs. Begarnie went out about 6 o'clock—the prisoner came about 9. and asked if his mother was at home—I said she was gone out; he wanted to know where to; I said I did not know; she had said she might be an hour, or she might be ten minutes—he waited at the door—I asked him to come into my room; he gave me no answer, but walked into the back-kitchen—I left, went up-stairs, and he called to me, that if Mr. Darwin came home he should be back in half-an-hour—I came down to him, and he had the tin box in his hand at the street-door, and I then saw Mrs. Begarnie's door open, but did not notice the lock till the police were sent for; I then saw that the woodwork was split, and the box of the lock had been forced—before the prisoner came, the door had been shut, and appeared safe—I went with the policeman to the prisoner's house, about 12 that night, and found him there, intoxicated—he was so when at our house, but not so bad—we found this tin box there (produced).
WILLIAM HAYES (policeman, K 48). I went to the prisoner's house and asked him if he had been to his mother's and taken the things—be said he had taken nothing more than his own—I found the tin box under the bed—I searched him at the station and found two sovereigns, and eighteen shillings on him.
(The prisoner's statement before the Magistrate was here read—"All I can say is, it is too true; I was in liquor, or I should not have thought of such a thing.") MR. ROBINSON called
MARY CALLNER . I am the prisoner's sister—he has always been a kind, affectionate brother, and dutiful son—he never wronged any one, but would rather assist us—he has been quite an outcast of the family—the property was left to me and my two sisters, which I think is unjust—I would rather give up some part of mine to assist him—my father has been dead six or seven years.
(The prisoner received a good character).
NOT GUILTY .
MR. M. PRENDERGAST conducted the Prosecution.
JOHN HALLETT GOODMAN . I am shopman to Augustus Parkes Fownes, hosier and glover, of Fleet-street, in the parish of St. Dunstan-in-the-West. On 15th May, about half-past 6 o'clock, we were at tea at the further part of
the shop, and the prisoner came and opened the door leading from the street and snatched some silk-handkerchiefs off the counter—I saw him, and followed him to the church, where he dropped these handkerchiefs (produced) from under his coat—I said to a fellow-shopman, "There he goes"—he followed him, and I picked up the handkerchiefs—the door must have been fastened, because you cannot keep it shut unless it is.
Cross-examined by MR. O'BRIEN. Q. How far were you sitting from the shop-door? A. About fourteen yards, at the further end—there was no one in the shop—only the prisoner came in—I saw his face distinctly—I saw him at the station ten minutes after.
GUILTY . † Aged 19.— Confined Three Months, and Whipped.
MR. WOOLLETT conducted the Prosecution.
MICHAEL MADDEN . I am servant to Mr. Harrow, of 44, Turnmill-street, Clerkenwell. On Monday morning, 26th May, about half-past 5 o'clock, I went to his house to call him—I called him, and then saw the prisoner, whom I knew before, come down Clerkenwell-green, go to his brother's house where he used to work, come out again, and then go into Mr. Jackson's passage, the door of which was open—I called my master's attention to it.
WILLIAM HARROW . I live with my father, William Harrow, at 44, Turnmill-street, Clerkenwell. On 26th May, at 20 minutes to 6 o'clock, in consequence of information I watched the prisoner through the parlour-window, and saw him open the window facing ours, and jump in—he remained there a quarter-of-an-hour and then came out—I went to the door, and he said, "Halloo, Bill, are you not at work?" and he then went down the Green—I gave information to Mr. Jackson.
ELIZA JACKSON . I am the wife of William Thomas Jackson, of 45, Turnmill-street. On 25th May my daughter fastened up the house; she is not here—I got up next morning between 7 and 8 o'clock, my daughter showed me the kitchen-window, which was open.
WILLIAM THOMAS JACKSON . I keep a marine-store shop, at 45, Turnmill-street. On 25th May I went to bed at 12 o'clock; the house was safe then—I got up at 8 the next morning, and found the kitchen-window open—my parlour-window is directly opposite Harrow's, and the kitchen-window farther back—from Harrow's you can see both—the glass of the kitchen-window was broken a day or two before, so that a person could put their hand in and undo the catch—there is a dust-yard close by, from where they are always throwing over things, so that it is of no use to mend the windows—I missed four brass taps, worth 6s., which I had seen safe on the Saturday; on the Thursday following these four were brought to me by Downes—they are mine.
JURY. Q. Where were they? A. In the front shop-window—if a person got in at the kitchen-window they must go through the parlour where my daughter was sleeping to get to the shop—the prisoner lives opposite, and was in the habit of visiting me as a neighbour.
Prisoner's Defence. I met the prosecutor in St. John-street; he asked me to carry a stove for him which he had purchased, and I went with him; two or
three days after this, he asked me to go to his place to drink; he was taken to the police-court, charged with robbery, and was discharged on account of being in liquor; I met him in Coppice-row, and he said, "George, you shall suffer for this;" I asked him what about; he said, "Never mind, you shall see;" the same day his son came to me, and said, "George, my father says are you not going out of the way, there are two policemen after you?" I asked what for, and he said, "For entering his dwelling-house;" I said I had done nothing to go out of the way for; and he said, "Well, that is all I know; my father has told you to go out of the way;" I was there all day Monday, Tuesday, Wednesday, and Thursday evening, passing Mr. Jackson's backwards and forwards, and he never said anything to me; I saw the prosecutor's daughter on the Monday morning, and she said nothing.
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
GEORGE JOHN WOOD . I am a cow-keeper and dairyman, at Dodd's Farm, Cambridge-road. On 2nd Jane, about five minutes to 11 o'clock at night, I saw my mare and pony in my stable, which is inside the cow-house, the door of which I secured with a chain and padlock, and went to bed—I got up next morning about a quarter to 4, and while at my window saw the mare standing in the street, and my man at the door—I went down immediately—the stable-door was open, and the pony in it loose, and the chain on the cow-house door broken—the mare was worth sixteen or twenty guineas, and the pony about 6l.—I found a bricklayer's hammer in the yard.
GEORGE BROWN (policeman, K 421). On 3rd June, about a quarter before 3 o'clock in the morning, I saw the prisoner going down Cleveland-row—he was on a mare, leading a pony—I ran after him; and just before I got to him, the pony would not go any further—he got off; and while he was catching hold of the pony, the mare ran away towards Mr. Wood's—I asked where he was going to take them, and he said, "To the farrier's, in the Mileend-road," and Mr. Watson was going to give him 6d. to take then—I held the pony a little while, while he went after the mare, and then tied him up to a gate, and went round my beat—I afterwards saw him with them both, and said, "You are quite sure you are going to have a shoe put on that mare?"—he said, "I am, master," and he started towards Bow, which is in an apposite direction to Mr. Wood's—when I first taw him, he was 300 yards from Mr. Wood's.
BENJAMIN COPE . I am a labourer, and live at Dagenham, Essex. I worked for Mr. Wood, and left him in March—on 3rd June, a little after 3 o'clock, I was coming down the Mile-end-road, and met the prisoner riding the mare—I asked where be was going to take it, and he said Mr. Watson had given him 6d. to take it to the farrier's, in the Bow-road—I caught hold of the mare's head, and turned her round; and as I was turning her, the prisoner got off, and ran away—I got on the mare, and held up my hand to the policeman to stop him, and he told the policeman I had thrown bins off the mare—I said it was false, I was turning her round to take her back—I took the mare to Mr. Wood's, and the policeman took the prisoner.
Prisoner. Q. Did the policeman tell you you were to mind what you were doing? A. Yes; you objected to go back, and asked whether I would give you in charge for stealing the mare, and I said, "No"—you asked the policeman whether you would be doing right or wrong is going back with me—he said you would be right, and you walked back with him and me—
you did not say anything about your going for a policeman when you got off the mare—you got off to run away—you were going to run by the policeman if I had not held my hand up; and when he got nigh you, you ran to him.
Prisoner's Defence. I was passing the prosecutor's premises, and saw a man there, who asked me to take the two horses to the farrier's, and he would give me 6d. for it; they would not stand still while he fastened up the premises, and I got on the horse's back, and led the pony; I could not get them both along, and took the pony back to Mr. Wood's; I took the mare, and met Cope in the Bow-road, who asked me whose horse it was; I said, "Mr. Watson's," and that he was going to give me 6d. to take it to the farrier's; he said I must come back, and I refused; he laid hold of the horse, and I either fell or jumped off, and said I would go for a policeman; I told the policeman, and he wanted me to go back; and the policeman told Cope he must mind what be was after; when I got to Mr. Wood's, he gave me into custody.
GUILTY . Aged 23.— Transported for Seven Years.
(The Court ordered 10s. as a reward to Cope.)
WILLIAM GODSO . I live at Yeoman's-row, Brompton. Last Tuesday I met a friend from Birmingham, was drinking with him, and got rather the worse for liquor—about 1 o'clock I changed a sovereign at the top of Sloan e-street, and received in change three half-crowns, ten shillings, and sixpence—I put it into my trowsers-pocket—I came to myself next day, and found I had no money.
MARY ANN WRIGHT . I am servant to Mrs. Barnes, of 13, Princes-gate. On Tuesday evening, between 4 and 5 o'clock, I saw the prisoner and prosecutor turned out of the Cock, and they came and sat down at the corner of North-street—I saw the prisoner put her hand into his pocket and take out half-a-crown, and put it into her pocket—she then brought him to my mother's door, which is 10, New-road, and he sat down again there—she then undid his trowsers, and took some money out of his trowsers pocket—I could see about five or six shillings—she then said, "Father, you have been out on the drink all the week; I will give you something when I get you home"—first she called him father, and then grandfather—he was quite drunk and could not help himself—they continued at our door, and she said, "Father, I will go and get half a pint of vinegar, and then we shall both go home together"—she went away, and the boys took the prosecutor and laid him on a dunghill—a policeman came—I told him the prosecutor had been robbed—he took him to the station—the prisoner was quite sober.
WILLIAM THOMAS WERREN (policeman, B 298). In consequence of information from Wright, I took the prisoner about a quarter-past 11 o'clock on the Tuesday night—she was very tipsy, and offered me 6d. to go about my business—I saw some money in her hand, and endeavoured to get it out—she would not allow me—I took her to the station, and there found it was 6s. 7d.
Prisoner's Defence. On Tuesday afternoon I was in Billingsgate-market, and did not leave till about half-past 5 o'clock; when I got to this place, I saw the man lying on the pavement, but did not touch him.
GUILTY .** Aged 26.— Transported for Seven Years.
GUILTY of an aggravated Assault. Aged 27— Confined Twelve Months.
MR. CAARTEEN conducted the Prosecution.
BENJAMIN BEEDLE COLLINS . I am an ironmonger, at 154, Shoreditch. I have nearly lost my sight, and can only see light—I am led about—on Monday, 28th April, between 4 and 5 o'clock in the afternoon I was in New Inn, Shoreditch, coming home, being led by a little girl—I felt a kick on my heel—I fell down, my hat fell off my head, and my spectacles and my stick out of my hand—I partly raised myself, when I was assisted by two men, one on the right, and one on the left—the one on roy right asked me if I was hurt—I said, "No"—the left one said, "Shall we see you home sir? do you live near here?"—I had got on my legs by that time—'I had a silver watch in my right hand waistcoat pocket, secured by an Albert guard through the button-hole—I told him I was not hurt, and said, "You have got my watch" and the one on my right ran away, followed by the other two—I missed my watch, but the guard remained in the button-hole with the handle of the watch to it—a fortnight after that I was at Worship-street Police-court, when there was another charge made against Hurley—I heard some one speak, and I heard a cough and a voice, and I recognised them as that of the first person who assisted me—when he coughed, I said, "That is the man who coughed that assisted me"—he had coughed at the time he lifted me up—I also knew the voice—I heard it more than once.
Cross-examined by MR. HORRY. Q. How long have you been afflicted? A. Two years last Jan.—I had good eyesight before that—the little girl is eight years old—she is sensible for her age, and able to give evidence—she is not here—she was before the Magistrate, but was not examined—I went to the police-court in consequence of information I received from a policeman, a witness in this case—I was informed a certain person was going to be charged, and I went on purpose to ascertain if that was one of the persons who had assaulted me—I went to see if I could recognise the voice—Ellen Wheatman was in Court—the charge was assaulting her—Hurley was remanded on that charge, and I made my charge—I could not see whether Wheatman was then in Court, but I bad not heard her ordered out.
ELLEN WHEATMAN . I am the wife of Thomas Wheatman, a bedstead-maker, of 22, Christopher-street. I have known Hurley sixteen months—he has visited in the house where I live—on 28th April, about 4 o'clock in the afternoon I was with him and another man and woman at a public-house at the corner of Crown-street—Hurley left the public-house—I followed in about ten minutes, and saw him alone on the other side of the road, and I went after him down New Inn-passage, or yard—I saw Mr. Collins in the act of being picked up, and Hurley was at his right side, and Catton who had joined Hurley, at his left—I saw Hurley put his hand into Mr. Collins's pocket, but I cannot say whether it was his watch pocket, or hit waistcoat pocket, and I saw Catton hold Mr. Collins's left arm while Hurley twisted the watch off—Mr. Collins put his hand to his pocket, said, "I am not hurt," and then said, "You have got my watch!"—Hurley ran away instantly, Catton after him, and another man who was there—about an hour afterwards I saw Hurley in Curtain-road, which is five minutes' walk from New Inn-passage—he said to me, "Was not that a daring robbery"—I said, "Yes it
was; he is a poor blind man, and you ought to be ashamed of yourselves"—I said that he had lost his watch, and Hurley said, "Yes; I sold it to big Mich in Petticoat-lane, for 16s.—I gave two of them 3s. 6d. each, and kept the remainder for myself"—I had known Catton six months—on 20th May, I went with a policeman to a beer-shop in Spitalfields, saw Catton outside, and as soon as he saw me coming he went inside—I went in, picked him out, and the officer took him—on 12th May Hurley assaulted me, and on 13th he was examined on that charge at Worship-street—after that examination this charge was made against him, and he was remanded for a week—I do not know whether the case of assault on me has been determined.
Cross-examined by MR. HORRY. Q. Was not he discharged in your case? A. The Magistrate said he would think of it; I took him there for stabbing and nearly throttling me—I do not know the two females or the male that were with us at the public-house; they were Hurley's acquaintances—we had one pot of fourpenny ale there—I am living with my husband, and have done so ten years—I have never been away from him—I do not know whether my husband knew I went and drank with Hurley—he was at work—my husband is very deaf—we had all been together three or four hours before we went to the public-house—we had been at one other public-house—we had no gin; we had two pots of half-and-half between the four of us there—I paid for some of it—I had drunk with Hurley before at my sister's, where I first became acquainted with him—I dare say I have drunk with him in other public-houses, when my husband has been there—I do not know that I ever drank with him in a public-house without my husband before this day—I may have been with him in other public-houses—I may have met him several times, when we were going the same road, and walked with him—I swear I have never lived with him—I did not say a word about this robbery for a fortnight, because he threatened he would cut my head open if I gave him a day's imprisonment—I saw him on the Saturday night after this robbery, and the policeman would not take him; and I saw him again in the Curtain-road, in the open street, where he threatened me; and I saw him a third time in Christopher-square, where he lives—I saw him in the Curtain-road within an hour after the robbery—when he told me, "Was not that a daring robbery?" he said, "If you was to split one word, I would either cut the front of your head in, or cut your throut"—he threatened me again on the Saturday, when he came and made a disturbance at my house—my husband was at work next door, and I went out with a neighbour to my adjoining lodger's—the third time he threatened roe was at the same place, at 12 o'clock at night, when my husband was at home—I complained to him, and he begged the prisoner to go away quietly; and on the Monday night he stabbed me—I know a person named Underwood, who lives in Long-alley—Hurley did not complain to me during the fortnight about him—he did not tell me he had heard I was a married woman; he knowed it, because my husband told him so—he did not say he should think no more of me, because he had ascertained I was married, and had seen me walking with Underwood—I have not walked with Underwood, further than being in a public-house with him once on 12th May, when he gave me 1s. 6d., and Hurley grasped me by the throat—I do not know big Mick; I have heard of him.
Cross-examined by MR. RIBTON. Q. How often have you seen Catton? A. Once or twice a week for six months; he was smoking in this beer-shop when he was apprehended—I never saw the prosecutor before this happened—I have seen him several times since, when we have been up at the office and here—I had been out the day this happened five or six hours, from half-past eleven
or twelve o'clock—I did not leave borne with Hurley; I met him in Longalley—we only had those four pots during the day—I did not say anything about this till 12th May, because I was frightened—on 12th May I told a policeman in Tabernacle-row—I had not then beard anything about the prosecutor, and I did not know where he lived—I knew he was blind, because after Hurley ran away I stopped a few minutes—I did not see Catton from 28th April till he was taken.
MR. HORRY. Q. Did you not say to Margaret Hurley and Mrs. Goodwin, that you were sorry for what you had done? A. I said I should be very sorry if he was transported; I should like him to have six or twelve months for what he had done, and I think he deserves it, for robbing the poor blind man.
BENJAMIN ROBERTS (policeman, G 1). I took Hurley on the night of 12th May, about half-past 2 o'clock in the morning—he was charged by the last witness with an assault upon her—there was a cut over her eye, which was bleeding, and there were marks of violence upon her throat—I took him to the police-court in the morning—he was there charged with the assault, and afterwards with this—I was present when Mr. Collins recognised the voice and cough; they were Hurley's.
Cross-examined by MR. HORRY. Q. Was not Wheatman's charge abandoned? A. No; the Magistrate remanded him—I told Mr. Collins to attend at the Court; that was in consequence of a communication from Wheatman—I know big Mick very well, but have not looked for him; I knew it was of no use.
GEORGB NEALE (policeman, G 204). On 20th May I went with Wheatman to a beer-shop in Spitalfields—she pointed out Catton, and I took him—she bad seen him go in first, and I went in and asked for George Catton—his roaster said, "That is him."
HURLEY— GUILTY .** Aged 21.— Transported for Ten Years.
CATTON— GUILTY . † Aged 20.— Confined Nine Months.
Before Mr. Recorder.
MR. BIRNIE conducted the Prosecution.
FREDERICK MIGHELL . I live at Barking, in Essex, and am a farmer. On 10th Jan. I sold a mare to the prisoner for 5l.; he left me a 15l. bill, payable at one month—he said be would bring the cash in the morning, or the following day, and take the bill away—I asked him who he had the bill of; he said of an old retired gentleman at Lough ton, whose name was Croucher, for two cows—he did not come next day, or the day after, and I went and made inquiries—he has never paid me for the mare.
Cross-examined by MR. HORRY. Q. This was rather a low price? A. It was a black mare; it was not very young—I do not deal in horses—I did not buy the mare; my father bought her a year or two since—my father had the farm that I have got now—I bought all the farming-stock of him—he is living now, to the best of my knowledge—I paid for the stock altogether, including the mare—before I took the farm I was living with my father at Barking; it might have been four years—I think I was twenty-four or
twenty-five years old last birth-day—I borrowed the money to buy the stock, and I pay interest for it—this mare was not glandered—I sold her for 5l. because she was not worth more—I had tried to sell her at Barking before I met the prisoner—I had seen the prisoner before, riding on the bus to London—I had seen him at Mr. Whitfield's sale—I told him I wanted to sell the mare—I did not tell him it was a good mare—I did not sell it as a sound mare—I sold it as a kicker—I could not drive her—he knew it, for he rode with me with the mare from London, and she kicked plenty of times—I do not know that he tried to get 30s. for it and could not—I did not know Mr. Croucher at all till I' sold the mare—I have seen Mr. Brown since I came here, not before—I took this bill on a reliance on the prisoner's word that he would bring me 5l.
MR. BIRNIE. Q. What is the prisoner? A. He sells pigs—I thought he was a respectable man—I had seen him at Leaden hall meat-market—he represented himself as being a pork-butcher at Loughton—he said he had got four other horses in his stable that were kickers, and he liked kicken, and I thought he should have one—this is the bill I took.
JAMES CROUCHER . I am a labouring man, and live at Loughton, in Essex. There is no other person of my name living there, that I know of—I know the prisoner, he lived at Loughton some time—he asked me to put my name to a bill; he told me it was to be for 10l.—I put my name to a paper, and Mr. Salter, the landlord of the Bald-faced Stag, made it up—I never saw the bill after Mr. Salter had made it up—I never signed this bill, (the bill produced)—this is not my signature—I do not know when it was that the prisoner asked me to put my name to a bill—it was last winter—I never saw this bill till I saw it at Lay ton stone—read—"One month after date, pay to my order 15l., value received. John Castledine. Accepted, James Croucher. 1st Jan., 1851."
Cross-examined. Q. Have you got any of your hand-writing here? A. No; I knew the prisoner a little while in the winter, while he was at Loughton—it might be two or three months, I cannot say how long—I have had Very little business with him—he did a little work for me—he killed a calf for me—I suppose he is a butcher—when he killed a calf for me I was not very well off for money, no more than I am now—I sometimes have more than one calf—I have no pigs at present; I have sometimes half-a-dozen, I never bad a dozen—I do not keep poultry—I keep the pigs and calves at home in the forest—I have a house and a small yard—my son rents the house; I live with him.
Q. Do you recollect about the time the prisoner was killing your calf your saying to him that you were badly off for money, and wanted money very bad? A. I do not remember exactly what I did say—I did not ask him to sell the calf for me, I asked him if he would buy it—I do not know that I asked him to sell the calf to any party for me.
Q. Do not you recollect his telling you he could not sell it, because you were asking too much a stone? A. There might be something of that sort talked of—I did not want to sell the calf to get money particularly, but when it was fat we sold it, us most people do—I did not ask him to sell the calf, and get a good price for it—I do not know particularly what I said to him as he was going out of my gate, after he told me he could not sell the calf—I might tell him I wanted money very bad—I did not say to him after that, "Could not we get a bill drawn up"—he said so to me—I said I had heard talk of borrowing money at a loan, and paying it weekly—he proposed to get money by a bill—he did not say, "If a bill was drawn up, how was it to
be paid?"—he said he had borrowed money, and paid it at a month's end—I did not say that I should be able to pay any money that was got—I do not remember that he asked me how I was to get the money to pay back—he may have said so—I did not say, "This place belongs to me, and I shall be sure to pay the bill when it is due"—we proposed Mr. Salter was to draw the bill up for 10l.—I signed a paper, and the prisoner was to have brought it to me again, but he never brought it—I did not know much of Mr. Salter, the landlord of the Bald-faced Stag, then—I know him better now—I do not recollect anything about a bill for 25l.—I never spoke to the prisoner about that at any time—I recollect he took 3 lbs. of sausages of me one morning, and he said they were for Mr. Salter, and he would bring me the money at night, but he never did—it was in the road that he took these sausages—I think he had been talking about a bill before that—that was not the same time that I put my name to the paper—before I gave him the sausages, perhaps we might be talking about a bill—I cannot say that it was about my putting my name to a bill—he might be talking about a bill—this might be after I had put my name to the 10l.-bill—he told me he burned a bill—that was not a bill for 25l., it was the 10l. bill—he never brought one a bill for 25l., he never showed me anything of the sort—he did not get some money of me to buy a stamp—I put my name to the 10l.-bill—I was not to have the money particularly that I know of—he was to have the money—I have never paid that bill—(This witness was here desired to write his name on a paper, which he did)—I have been tried, and was transported—that was for selling some sheep.
MR. BIRNIE. Q. You put your name to a piece of paper for 10l.? A. Yes; the prisoner was to have it made out—he was present when I wrote my name—I sold the sausages to him, and be was to bring me the money.
JOHN BRENCHLEY (police-sergeant, K 2). I apprehended the prisoner in Baker-street, Camberwell, on 3rd June—I told him I took him on suspicion of forging the name of James Croucher to a Bill of Exchange—he said, "That old man will be the ruin of me"—I found on him a bill for 25l. at three months, dated Loughton, 18th Dec, 1850; and another bill for 8l. at one month, dated 26th May, 1851, by John Castledine, and accepted by Daniel Brown; and I found on him twenty-six duplicates—the bill on which I apprehended the prisoner was this bill for 11l. (producing it)—it is drawn by John Castledine, and accepted by James Croucher; and here is "10l." on the back of it—I showed this bill to the prisoner, and he said the old man had accepted the money from him.
DANIEL BROWN . I am a jobber, and live at North Weald, near Epping, in Essex. I hold one acre of land where I live, and I hate four more besides—I know the prisoner, and have had dealings with him—I cannot read or write—there is no person of my name living at North Weald, or at Epping, which is close by—I have lived there ten or eleven years—I did not authorise the prisoner or any other person to sign this name for me.
Cross-examined. Q. Do you know the prisoner? A. Yes, I have had dealings with him—I do not owe him anything, nor he me—some people do not give him a good character—I have no reason to give him a bad one.
(The prisoner's statement before the Magistrate was here read as follows: "Mr. Croucher came to me, and asked me to kill a calf for him; whilst I was killing the calf, he said to me he had got a fat sow he wanted to sell; he wanted me to buy it, but I could not do that, and told him I would try and sell it for him; but afterwards I told him he wanted so much a stone, that I could not make it; when I was going out of Croucber's gate, he followed,
and told me he wanted some money bad; and he says to me, 'Could not we get a bill drawed up?' and he says, 'I'll sign it;' I asked him how it was a going to be paid again, and he says, 'All this place belongs to me,' and that he would be sure and pay the bill, as by that time he should have sold the sow; Croucher signed the hill for 11l., and I afterwards took him 10l., which I received for the bill, from Mr. Ely, of the Three Nuns Inn, Aldgate; Croucher afterwards asked me to get a bill for 25l. done for him; I told him I had got no money to pay for another bill, and Croucher gave me 3lbs. of sausages out of his basket, to pay for it with; I bought the hill, and got Mr. Salter to draw it up at the Bald-faced Stag; Mr. Salter drawed it up, and Croucher met me next night, and took that bill from me; next night Croucher brought the bill to me with his name on it; when he gave me the bill, I told him it was not his handwriting, and he said he did not know as it was; when I got home, I throwed the biil on the fire, and my wife took it off; it was laying about till I went up to Bow, when I put it in my pocket; I told Croucher afterwards that I had put the bill on the fire, and burnt it; he asked me where we was going to get the other bill paid, and be asked if I would get another bill for him; I afterwards got Mr. Salter to draw up another bill for 15l., and that is the bill I gave to Mr. Mighell."
GUILTY of uttering. Aged 31.— Confined Twelve Months.
Before Mr. Common Serjeant.
GUILTY . Aged 34.— Confined Four Months.
ALEXANDER SAUNDERS . On Sunday, 1st June, I was at Temple Mills, West Ham, about 4 o'clock in the evening, and missed my handkerchief, which I had safe five minutes before—one of my fellow-workmen was with me, and also lost his handkerchief—there were a great many there bathing—the prisoner was one—I did not bathe, but only stood by the water-side—the next night Benton brought me my handkerchief—this is it (produced).
Cross-examined by MR. RIBTON. Q. Have you any mark on it? A. Yes; it is stained in this corner (pointing it out)—I have had it about a month—there were about 1,000 boys at the river—the prisoner was in the water when I came up, but not when I lost my handkerchief—I had it safe about 5 minutes before I lost it—this is my signature to the deposition (this being read, stated that he had the handkerchief safe about ten minutes previous)—I cannot speak to 5 minutes, but I am sure it was not 15—the prisoner is a bricklayer's labourer.
JOSEPH BENTON (policeman, K 381). I apprehended the prisoner on 2nd June, and found this handkerchief on his neck. I told him I was going to take him on suspicion of stealing a handkerchief—he said he knew nothing about it—I said, "Have you found one?"—he said, "No"—I said, "Have you bought one?"—he said, "No;" and at the station he said he bought one at the Temple Mills for 2s.—on the way to the goal, the prisoner's mother came and offered a lad 3s. for the handkerchief—the prisoner told her not to give it to that lad, but to another one, which was the prosecutor.
Cross-examined. Q. Did you find him at work? A. No; standing along with a gang I know—he sometimes works as a bricklayer's labourer.
NOT GUILTY .
ELIZABETH CALVERT . My husband's name is Thomas—we live at Colchester-terrace, Stratford New Town; I let a lodging to Isaac Mason and the prisoner, his wife. On 13th June I went into my parlour, of which I keep the key myself, to a drawer, where my husband's clothes were kept, and they were gone—among the things that were gone there was a handkerchief—I called the prisoner into the parlour, and said, "Mrs. Mason, my husband's clothes is all stolen out of that drawer"—no one else had been in the room since, I had seen them safe on the Friday, and this was Monday—on the Wednesday I followed her to Mr. Phillips's, a pawnbroker at Stratford, and saw her put a ticket for a ring on the counter—the foreman said to me, in the prisoner's presence, "Mrs. Calvert, have you found your husband's clothes? "—I said, "I have not, but I have lost a silk handkerchief also, an old-fashioned one, yellow, with white spots; has any one brought you anything of that sort in pledge?"—be said, in the prisoner's presence, "Mrs. Mason has pledged one of that description," and produced this one (produced)—It is my husband's—I know it by a stain on it—the prisoner said, "Yes, Mrs. Calvert, it is yours; and I will pay you the money to get it out"—I gave her into custody.
Cross-examined by MR. BIRNIE. Q. Are you very clever at telling fortunes? A. I never told any in my life—I swear I did not profess to discover this loss by a Bible and a key; I never told anybody I did—I swear I never threw the Bible at the prisoner's head—I have been to the pawn-shop once or twice with the prisoner with some of my own property when my husband was out of work—I swear I have not got five or six tickets, given me by the prisoner, of things she has pledged for me—she gave me one ticket of a flannel and one of a dress—she got them from her tallyman—I did not introduce her to him—I did not persuade her to take them without her husband's consent—I did not have part of the produce of them—I know she has ordered grocery in the neighbourhood without her husband's consent—there was a plaid waistcoat, tied with pink satin strings, among my husband's clothes—I did not take them all out, but I saw them in their proper place together in the drawer—I believe the waistcoat was there—I swear I did not pledge this waistcoat, and I have not got the ticket—I did not, when I charged her, say to her husband, "Here are two tickets which I have kept from you"—I said, "Here are two tickets, I deliver them up to you"—the prisoner did not say," If you will go with me I will get out your handkerchief"—she said she was going to get her ring out, and leave my house immediately; and I therefore followed her—when the pawnbroker produced the handkerchief, she did not immediately say, "Here is the money"—she denied it at first, until I said I should give her in charge—she said she had burnt the ticket—she did not give me six tickets of her own—she said, "There is a policeman, give me in charge"—she did not offer me any money after that—I may have, within a fortnight after they came to lodge with me, accompanied her to that very pawnbroker's to pledge some clothes—I have tickets from this pawnbroker's now, but not one of the clothes I have missed.
COURT. Q. Had you ever given her any of your husband's clothes to pawn for you? A. No, nor my own.
Cross-examined. Q. Have you seen the prisoner at your shop before? A. Yes; I do not remember when the first time was—when people are inexperienced
they often give us a great deal of trouble; and we can tell whether they have pawned before—I think the first time she came Mrs. Calvert was with her—I have seen her three times alone, and five or six times with Mrs. Calvert—I think she knew the value and importance of our tickets—there is another person in our shop, and we have both served her—when the handkerchief was produced, the prisoner said to Mrs. Calvert, "That is your husband's, and I did not pledge it"—she afterwards said, "I will take it out and pay for it."
MR. BIRNIE called
GEORGE CRAVEN . I am also assistant to Mr. Phillips. I do not recollect when the prisoner first came, but from my habit of attending her in the I should say from her conduct that she was not in the habit of pledging.
(The prisoner received a good character.)
NOT GUILTY .
JAMES WAYLAND . I have one partner, and live at High-street, Stratford. On 19th May, about half-past 1 o'clock, the prisoner came and asked to look at some wedding-rings—I am sure she is the person—I never saw her before—I showed her a card, and asked her what price she wanted; she said about 6s.—I took several off at her price and size, but she wished to see more—I produced the second card of the same price and size, and she then took rings off at a much higher price, and in consequence of that I watched her, and when I brought out a third card I counted those I took off; she had her hands on the counter, and I saw her take one and put it into her pocket, and I missed one by counting—she asked me if I had any more rings—I said, I thought I had shown her quite sufficient—she said there was none to suit her, and was about to leave the shop, when I stopped her and told her she had a ring belonging to me in her pocket—she denied it, and I sent for a policeman—the lad returned without one, and when she found I was determined to send a second time, she produced the ring from her pocket—I took her to the station—she begged for mercy, and said she would make me any compensation I thought fit—this is the ring (produced).
GUILTY .* Aged 18.— Confined Six Months.
Before Mr. Common Serjeant.
MR. THOMPSON conducted the Prosecution.
JOHN COULSON . I am in the employ of John Bennett Laws; he is a manure-manufacturer, at Deptford Creek; part of his warehouse is used for mixing. On Saturday night, 24th May, I left that department at 8 o'dock in the evening—I left a piece of old sheet lead lying flat on the floor—it was
worth 5s. as old lead—it weighed about 40 lbs.—this bag is mine—I had seen it on Thursday, 22nd May, under the boiler on the wharf—this piece of pipe is my master's—I saw it safe on the Thursday, in the engine-room cupboard—I went to work on the Monday at 6 o'clock in the morning, and beard the engineer offering the men a sovereign if they could tell him where some screws were gone—I missed the piece of lead about half-past 7.
Turner. Q. Did you ever see me about there? A. Yes.
JOHN WHITE (policeman, 180 R). On Monday morning, 26th May, I received information—I went and examined Mr. Laws' premises—I saw footmarks in a direction towards Ribbins' shop, which is about 300 yards from the factory—when I got to Ribbins' I saw a boy there, and I searched the shop—I found under the counter this piece of pipe, and in the front of the counter was this bag—the man who was with me identified it by the make—from further inquiries I went to Mr. Noble, a marine store-dealer, in Church-street—I there found this large piece of lead—I then went to the Broadway, and saw Ribbins—I told him I wanted him; he must go to the station—he said, "Very well"—I then said to him, "I am about to ask you some questions, and what you say will be told to the Magistrate"—I then asked whether he had purchased any sheet-lead since Saturday—he said, "No"—if he had purchased eleven dozen screws, or a piece of iron pipe, or a bag—he said no, he knew nothing about it—I sent for the piece of lead and showed it him—I said, "Do you know anything about this?"—he said, "No"—I showed him this bag, and this piece of iron pipe—he said he knew nothing about them—he appeared sober; he might have been drinking.
Cross-examined by MR. ROBINSON. Q. Did he not say afterwards he should not have denied it if he had not been drinking? A. He told my brother officer so—I have known him for some time—he was once fined 5l. for some lead—I cannot say whether that was bought in his absence—since then I know nothing against him—he has a large family.
WILLIAM NOBLE . I live in Church-street, Deptford. I am a marine store-dealer in a wholesale way, Ribbin is in a retail way—I gave this lead to the officer—Ribbins brought it me for sale on Monday morning, 26th May, about 9 o'clock—I paid him 5s. for it; that is the value of it—I have been in the habit of dealing with him four years—I cannot give him a bad character, THOMAS RIBBINS, JUN. I am the prisoner's son. On 26th May when I came with my father's breakfast, at 8 o'clock in the rooming, I saw this piece of lead under the counter—I asked my father who he bought it of, and he told me the man would be there directly after for the money—the man came, and said he picked the lead up on the shore—I put it down in the book; this is it—the whole of this page was not written at the same time with the same pen and ink—it was written at different times.
Cross-examined. Q. On your oath, were not these entries made at the time they purport to bear date? A. They were written at different times—my father cannot write; I make the entries for him—my father told me he had paid the man 11d., and he would pay him 3s.; in consequence of that I made the entry 3s. 11d.
JAMES WILLIAM CROUCH (policeman, R 118). I took Turner into custody on 5th June, about 10 o'clock in the morning, in Church Passage, Greenwich—I asked if his name was Turner—he said, "No"—I said, "It is"—he then said, "Yes, it is"—I said I wanted him, on suspicion of stealing some lead, some iron, and other things, of Mr. Laws—he said he was down the Creek, and found the lead and pipe in a basket, and he went to Ribbins' and sold it.
Turner's Defence. I was coming along, about half-past 7 o'clock in the morning, and had a log of wood on my shoulder, and saw a basket with the pipe and lead; I pulled the basket out, turned it out, and there was this bag; I took the things to this man, and sold them; he gave me 11d., and told me the boy would be there at 8, and they would pay me.
(Ribbins received a good character).
TURNER— GUILTY .* Aged 21.— Confined Six Months.
RIBBINS— NOT GUILTY .
GUILTY . Aged 16.— Confined Four Months.
MR. HORRY conducted the Prosecution.
JOHN OLIVER . I am a seaman. I was paid off from the Antelope at Woolwich, on 17th May, and went to the London Coffee-house there, where I met Elizabeth King—the prisoner was there, and I got into conversation with him, and had coffee and bread-and-butter—the conversation brought on that I had sailed with his father and brother-in-law, four years ago; and I told him I was going to Chatham by the 4 o'clock train, and if he liked to accompany me he should have plenty to eat and drink, and a suit of clothes—I saw Louisa Baker at the coffee-house, and we all came out together, and went to the Castle Inn, where we had some drink, and I changed a sovereign to pay for it—I took my watch and chain out of my pocket, in front of the bar, and gave them to the prisoner, and he put them on my neck—I then received the change, and while getting it, the prisoner said, "George, your watch wants winding up;" be took it off my neck again, and I have never seen it since—while getting the change it went clean out of my mind—we all went out together, and when we got to the bottom of the street I found the prisoner was gone, and I did not see him again till he was in custody.
Prisoner. Q. Did you ask me to put the watch on your neck? A. Yes—we did not have gin and porter at the coffee-house—we had gin at the Castle, and a pint of ale at the tailor's, where I paid for my clothes—I was sober.
COURT. Q. After you gave him the watch to wind up, how long did you remain in his company? A. 20 or 25 minutes—I did not ask him for the watch—I never gave it a thought—there was another man there who I gave some drink to, but he went out before the prisoner had the watch.
ELIZABETH KING . My husband is in Woolwich Dock-yard. On 17th May I was with Oliver and Baker at the Castle, and saw the prisoner there—I saw Oliver pull out some silver and a sovereign, and a watch, and he asked the prisoner to put it round his neck, and that was done—while Oliver was getting change the prisoner said, "Your watch is not wound up"—Oliver took his hat off, and the prisoner took the watch off him—Oliver and the prisoner went out, and we followed them in a few minutes—I had not seen the prisoner give Oliver back the watch—at the bottom of Ayre-street the prisoner said he would be back again shortly—we went to the Crown and Anchor—Oliver went to see the time by his watch, and it was not there—I never saw the prisoner again till he was in custody—Oliver was perfectly sober.
Oliver and Baker at the Castle, and saw Oliver take out his watch, and the prisoner put it round his neck—the prosecutor afterwards got change for a sovereign, and while doing that the prisoner said the watch wanted winding up—Oliver took his hat off, and the prisoner took the watch off him—we afterwards went to the Crown and Anchor, hut saw no more of the prisomer till he was in custody.
WILLIAM GLADWIN (policeman, R 122). I apprehended the prisoner on 7th June at Woolwich, on board a Gravesend boat—I told him it was on suspicion of stealing a watch from a sailor, a fortnight before—he paused a moment, and then said, "I did not steal it, I gave it him back again—I was not able to find him before.
Prisoner's Defence. I wound up the watch, and returned it to him while be was paying for the drink; I have got a pension of 5l. a-year, and was on the boat going to receive it next day.
GUILTY . Aged 21.— Confined Twelve Months.
1383. SAMUEL MILLER , assaulting Edward Monk, with intent, &c.; also, assaulting Timothy Carthy, with intent, &c.; also, assaulting John Ingold, with intent, &c.; also, assaulting Ralph Ransom, with intent, &c.; he pleaded
GUILTY to a common assault, in each case. — Confined Four Months.
THOMAS HENRY HILL . I am a private in the 17th Lancers, now at Woolwich. On 16th May, about half-past 9 o'clock, I went to bed, and put my watch and chain under my pillow—I missed them at half-past 5 next morning ing—the prisoner slept in the next bed to me, and was gone when I awoke—this is the watch and chain (produced).
DANIEL BURCHAM . On 17th May, about 10 o'clock, I taw the prisoner in the tap-room where I lodge—he asked for a watch; the landlady gave him this one, and he asked me to pledge it, and get the most I could upon it; I did so.
Prisoners Defence. I was out with the prosecutor; we came in at half-past 9 to answer to our names, and he then went out, having laid the watch under his pillow; I took the watch, followed him, but could not find him; I stopped out till it got too late to go in, and by the morning my money was all spent, and I pledged the watch; I had no intention to steal it.
GUILTY . Aged 28.— Confined Three Months.
MR. THOMPSON conducted the prosecution.
GUILTY on Second Count. Aged 50.— Confined Six Months.
Before Mr. Recorder.
GUILTY .* Aged 15.— Confined Four Months.
Before Mr. Baron Platt.
GUILTY . Aged 60.— Transported for Ten Years.
1389. HENRY PICKETT was again indicted with WALTER FLETCHER and ALBAN FLETCHER , for burglariously breaking and entering the dwelling-house of George Selby, and stealing 1 coat, value 3l.; his goods: and 1 cap, 1 coat, 1 pair of boots, and 1 pair of gloves, value 1l. 12s.; the goods of Henry Selby; and 1 hat, value 6s.; the goods of Edwin Selby; Pickett having been before convicted.
The MESSRS. PAYNE conducted the Prosecution,
MARIA RANGER . I am servant to George Selby, of Ravensborne-park, in the parish of Lewisham. On Friday night, 25th April, I went to bed about half-past 11 o'clock—I left the back-kitchen window shut, and the shutter closed, but I believe neither of them were fastened—the dairy has a door, which leads into the stable-yard, and then into the garden—that door was boiled—I came down next morning about half-past 6, and found the back-kitchen window open—the shutters were put to—the dairy-door was open—I missed from the kitchen three silver spoons and a purse, and from the passage two great coats, a cap, and a pair of boots; and from the break first-room a gun and some cigars and tobacco—they were all there over night.
WILLIAM ALFRED WOOD . I am a grocer, of Mill-lane, Deptford. On 14th May Alban Fletcher came to my shop with these boots (produced), and asked if I would buy them—I said I did not want them—he said his brother gave 4s. 6d. for them, in London, and they crippled his feet so, he could not wear them—I knew him before—next morning I bought them of him for 1s., a pair of shoes, and an ounce of tobacco—two days afterwards Walter Fletcher brought this hat (produced), and asked if I would buy it; I said, "No"—he asked if I would give him a few things for breakfast—it was between 11 and 12 in the morning—I gave him a few things, and bought the hat of him—I gave him 5d. and articles to the value of 8d.—I have sees his mate Pickett wear the same hat a fortnight or three weeks before, when the other prisoners were with him—on the 17th I gave the hat and boots to the policeman—Alban had dealt with me nearly four years—he was in the habit of making and taking out rope-mats.
JOSEPH GREEN (policeman, R 315). I was present when Pickett was taken, on 17th May—he had on a black coat, in the pockets of which I found this pair of gloves (produced)—I asked him where he got them; he said he bought them of some person in London—when I went to take him, be was in bed with Alban Fletcher—I took Alban two days afterwards, and told him the charge; he said, "My brother gave me the boots to get changed for him"—he was in Wood's shop at the time—Wood heard what was said.
HENRY SELBY . I live with my father, in Ravensborne-park. On 26th April I came down, and missed a blue coat and a pair of gloves, of mine, a blue coat of my brother's, a double-barrelled gun, a pair of boots, some cigars, and tobacco—these boots and gloves are mine, and were safe the night before the robbery.
JOHN CHINNERY (policeman, R 153) On 26th April I was on duty at Brockley, about a quarter past 5 o'clock in the morning—I met Pickett and Walter Fletcher about a quarter of a mile from Ravensborne-park, coming out of some fields which lead in that direction—they had got on overcosts,
one of which was blue, and respectable-looking hats—they were strangers to me.
Walter Fletcher's Defence. I bought the coats in Dudley-street, Sevendials; my brother Alban knows nothing of where I got them; I Was living in London, and took them down to him on 1st May, and gave them to him to take to Mr. Wood's.
PICKETT— GUILTY . Aged 21.— Transported for Ten Years.
WALTER FLETCHER— GUILTY . Aged 19.— Confined Two Years.
ALBAN FLETCHER— NOT GUILTY .
(There was a third indictment against Pickett.)
Before Mr. Common Serjeant.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 18.— Confined Six Months.
MR. CLERK conducted the Prosecution.
JAMES WOOD . I am in the service of Mr. M'Cormack, a seedsman, at New Cross. On 31st May, Browning came about 7 o'clock in the evening for half-a-pint of French beans; he gave a half-crown—I had not change, and went to the Railway Tavern to get it—I gave the half-crown to Mr. Wright, he bent it, and gave it me back—I came back, told Browning it was bad—he said he did not know it—the policeman came in, and I gave him the half-crown—he went after Burns—some omnibus men in the shop took charge of Browning till the policeman brought Burns in.
SAMUEL TURNER (policeman, P 356). I was on duty at Peckham, on 31st May—some information was given to me, and I followed the two prisoners, soners, who were together, from Peckham to New Cross—I did not see Browning go into Mr. M'Cormack's, but I saw him in the shop, and I went in and took him into custody—I left him in custody of some men, and I went up the road to look for Burns—I found him about 300 yards off, and brought him back, and told him it was for uttering base coin—he denied all knowledge of it, and said he did not know Browning—I found on him 7s. 4d. in silver, and 7 3/4 d. in copper; and on Browning, a half-crown, and 2 1/2 d., and a pot of bear's-grease—this is the half-crown I received from Wood—Burns gave his address, No. 2, Broad-street, Golden-square—I went there, but could hear nothing of him.
Browning. Q. What part did you see us in at Peckham? A. Near the Crown—I was from fifty to sixty yards in the rear of you—I followed you better than a mile—you continued in company till you got to New Cross—you parted at the Railway Tavern.
Burns. Q. Could you positively tell, if we were fifty or sixty yards off, that we were speaking to each other? A. Yes; I saw you as if in conversation
—I could not hear what was said—I saw one pass something to the other.
MARY ELIZABETH LITTLE . I am the daughter of Samuel Little, of Deptford. On Saturday, 31st May, I was with my mother near Mr. M'Cormack's shop—I saw Burns by a fence—he threw a glove down just as the policeman came up—I picked up the glove, and gave it to my mother.
ANN MARY LITTLE . I am mother-in-law of Elizabeth Little. I saw her pick up a glove—I was going up to give it to Burns, but when I found he was in custody, I was so agitated I did not know what to do—I met my husband, told him what had happened, went home and took the glove from my pocket—I found in it seven half-crowns—four were in one piece of paper, two in another, and one half-crown and one shilling were loose—I put the money in the glove again, and my husband took possession of it.
SAMUEL LITTLE . I examined the half-crowns and the shillings, in my opinion they were bad—they were put back in the glove which was laid on the mantel-shelf in the room, and next morning I took it to the station, and gave it to the sergeant on duty.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This half-crown which was offered at the shop is bad—these other seven half-crowns are bad, and six of them are from the same mould as the one that was uttered—this shilling is bad also.
Browning's Defence. I admit taking the half-crown in the shop, not knowing it was bad, but I deny having anything to do with the glove and its contents; there has been no evidence to prove that I had any cojnectioo with my fellow-prisoner, except what the policeman says—I leave my caw with you.
Burns's Defence. As to whether I threw the glove, the evidence rests on this child; when she was brought before me, I was at the bar of the police-court; court; there were but us two there; she was asked which of us it was, and she pointed out me.
BROWNING— GUILTY . Aged 52.
BURNS— GUILTY . Aged 26. Confined Twelve Months.
JOHN HOPKINS . I am a draper, at Star-corner, Bermondsey. On 26th May the prisoner came, about half-past 6 o'clock in the evening, for three yards of blond, at 1 1/2 d. a yard—she gave me a shilling—she took the change, and went away—directly afterwards I found the shilling was bad—I bent it double, and wrapped it in paper—on 30th May the prisoner came again for some bonnet-ribbon—she had three yards, at 6d. a yard—she gave me a half-crown—I recognised her, and when she put down the half-crown I said, "This is bad"—I sent for the policeman, and gave her in charge, with the half-crown—I gave the shilling to another officer next morning, and he gave it back to me before the Magistrate—I had marked it by bending it, and I
had cracked it—I am sure it was the same—I then handed it to the officer who had the half-crown.
JOSEPH WOODING (policeman, M 100). I saw the prisoner on 30th May, at 10, Star-corner, in custody—I received a half-crown from Mr. Hopkins, and on 4th June I received a shilling from him—these are them.
Prisoner's Defence. I never was in his shop before; I gave him the half-crown, which was given to me.
GUILTY . Aged 19.— Confined Eighteen Months.
ELIZABETH EATON . I am single, and live at Camberwell; I am a laundress. The prisoner used to work for me—I missed a great number of things while she worked for me, stockings, shifts, handkerchiefs, aprons, and a table-cloth—on 11th June one of my other workwomen showed me a pinafore—it belonged to one of my customers, and was in my care to wash—this is it—I spoke to the prisoner about it—she denied that it was the one she had given to the dryer to dry—she said it must have been changed—I then asked her, if it was changed, to produce her own—she said she had never wronged me in her life—I said I should give her in charge—I went with her to the station, and as we were going she begged me to forgive her, and offered to pay for the pinafore—that I refused to take—when we got to the station I found on her feet some stockings which belonged to two lady's-maids—I had had them to wash—I went with the officer to where the prisoner lived, and found these aprons, stockings, table-cloth, and several other things—they are all here—I know them all—they were sent to me to wash—here is a crest on one of them.
LOUISA WEST . On the afternoon of 11th June the prisoner gave me this child's pinafore, and asked me to dry it—I asked her if it was her own—she said, "Yes"—I hung it to dry—that was the one that I afterwards showed to my mistress.
LEVY BRIDLE (policeman, P 114). I took the prisoner in charge—she begged her mistress to forgive her—she said she would not—I produce these articles—this pinafore her mistress gave me—these stockings were found on the prisoner's feet—these other things were at her house.
Prisoner's Defence. I worked for my mistress for seven months; I never was in prison before, and it was distress led me to it, having a family of three children.
ELIZABETH EATON re-examined. She bad been in my service seven months—she had half-a-crown a day—I employed her till Thursday, and I would have employed her on Friday, but she said she bad a better place;—she had a mangle, and earned a good living—I have been nearly ruined by it—I have lost my families' washing in several cases.
GUILTY . Aged 38.— Confined Four Months. (There were two other indictments against the prisoner.)
Before Mr. Recorder.
CHARLES BILLETT . I live at Clapham. On the morning of 14th May saw the prisoner, with two others, looking at every shop they came by, as if they were going to take something—I and some others watched them for three or four hours—they then went to the shop of Mrs. Holford, at Clapham Rise—the prisoner went in—he lifted the window, and took something out when he came out he walked towards me—I could not see what he brought out, but he had something under his coat—when he saw me he ran back at fast as he could run—I ran after him, and chased him about a mile—I saw him take something from under his coat, and throw it amongst some bricks—I cried out, and said, "That man has stolen something"—some person stopped him—I went back to the place where he had thrown something, and found this black sutin waistcoat—I gave it to the policeman.
Prisoner. The boy that was with me opened the door, and there was a window open; he took the waistcoat out of the window, and put it under his coat; I had only a jacket on. Witness. I am sure it was the prisoner went in at the door, and put it under his jacket.
RACHEL HOLFORD . I am a widow; I keep a hatter's and tailor's shop; I have a foreman, who lives in my house, but he does not dine with me. Last Wednesday I dined about 2 o'clock, in the back part of the house—my foreman was up-stairs at his dinner—there was no one left in my shop—on going from our dinner to the shop, I observed that the waistcoat, which I had placed in the window, was gone, and the door was left open—this is the waistcoat—I had placed it in the window about an hour before—my daughter was the last in the shop.
MARY ANN HOLFORD . I am the daughter of Rachel Holford. I was the last person in the shop before dinner last Wednesday—I shut the door about 2 o'clock—the door shuts with a latch—there was then a window, which does lift up, but there was a pane of glass out, so that a person getting in at the door could take anything out.
ALFRED SPICE (police-sergeant, V 47). I produce a certificate of the prisoner's former conviction at the Quarter Sessions at Newington (read—Convicted, Oct., 1850, confined three months, and whipped)—the prisoner is the person.
GUILTY . Aged 18.— Confined Six Months'.
JOSEPH MOSES . I live in Lower Marsh, Lambeth. I deal in china and glass—the prisoner was my servant-of-all-work—my family consists of my wife and one child; on Tuesday morning, 20th May, about 9 o'clock, I had occasion to go up-stairs—I left my waistcoat on a chair in the parlour—there was a sovereign and two half-sovereigns in the pocket—I had seen them safe at 12 o'clock the night before—I had not seen the money that morning, but I had heard the sound of it in bringing the waistcoat down-stairs just before—when I got up-stairs my wife was there, and the prisoner—I sent the prisoner for some water, and told her to take it into the parlour; she did so, and I waited up-stairs till she came up again—I was up-stairs about 5 minutes altogether—I then went down, and I did not leave the parlour again—in about a quarter of an hour I went to my waistcoat—I was going to put the money in a bag—I found the sovereign had been taken away, and a bright farthing was put in its place—the two half-sovereigns were left there—I am quite sure that the sovereign was there the night before, and not the farthing—I cannot tell whether it was the sovereign or the farthing that I heard rattle
that morning—I afterwards told my wife, and she went up to the prisoner—the brought down a woman's pocket belonging to my wife, and in it was a purse, containing two sovereigns and 10s. 11d. in silver, and a foreign silver coin—I did not know the purse, but I knew the coin; it was one I had given to my wife some months previous—the prisoner had been in my service about three quarters—my wife was out when I first missed the sovereign—I told her about it when she came in—I could not swear to the money, because there was no mark on it; only my suspicion was raised by the prisoner bringing home five or six new dresses, and she had not received any wages.
AMELIA MOSES . I am the wife of Joseph Moses. When I came in that day, he gave me some information—I went up to the prisoner, who was in her own bedroom—I told her her master had missed a sovereign from his pocket; and as I had been missing things for some time, I intended now to have a search for them—I asked her if she had any money about her—she said she had not a farthing, and wore no pockets; taking, a penny from the table, she said that was all she had in the world—she said she was going out for a holiday, and she intended to ask me for some money—I searched her box, and found several pieces of lace cut from lengths in my drawers, and two pieces of silk, cut from lengths in the drawers—I then asked her to let me search her, which she refused, and said she would unfasten her dress herself; and she unfastened it to the waist, but the skirt still kept close—a lace cuff of mine was in her bosom—I lifted up the skirt of her dress, and saw a pocket of my own—not where a pocket is usually worn, but in front of her, under the skirt—I took hold of the pocket—it was tied round her waist—the string broke, or I should not have got it, for she resisted very much—in the pocket I found a purse, which I did not know—there were two sovereigns in it, and 10s. 11d. in silver, a foreign silver coin, and some coppers—the foreign coin I am positive was my own—I had had it sixteen or eighteen months—my husband gave it me; when I found the money, the prisoner said she had found the foreign coin in my bed-room, and the two sovereigns, and all the other money, her sister had given her—I bad missed this coin, I think, for a month, but I had never mentioned it—I thought it might have got loose in the drawer—it was missing from a small trinket-box in the drawer—I kept the drawers locked, but the prisoner was frequently sent to the drawers.
Prisoner. Q. When you came up, did I not say you might search my box? A. Yes; you did not say you had no money belonging to me or your master—you said you had not a farthing, and you wore no pockets—I did not see these bits on the table the night before—they were in a box, not on the table—your master did not spend three-quarters of an hour in talking to me—I was out, and when I came back he told me he had missed a sovereign, and then I went up-stairs to you—you did not say you should go when your quarter was up—you said you should like to go home in June, if your sister would go with you—I have seen two sisters come to the house to you—I think it might be about half-past 11 o'clock before you heard about it—I was out about 2 hours—you did not say you had no money to spend.
ALEXANDER FRASER (policeman, L 87). I received the prisoner in charge, and these things from Mr. Moses. This purse contains two sovereigns, 10s. 11d. in silver, a foreign piece, and 1s.-worth of coppers—Mrs. Moses found one of these cuffs in the prisoner's box after I went there—the prisoner told me she had received the two sovereigns from her sister Ann, and the coin she found in her mistress's bedroom—I asked her where her sister Ann lived—she said she knew the place, but she did not know the name-of the street nor the number of the house—I inquired for her sister, but could not find her—
two days after the prisoner was committed, her sister came to me, and I believe she is in Court.
Prisoner. I said I would go and show you, if the Magistrate would allow me? Witness. Yes; you said your sister gave you the two sovereigns, and the silver belonged to yourself—you said you took the cuff for a pattern to make others by—you said if you had a mind to steal the cuffs you should have taken the two.
AMELIA MOSES re-examined. When I found that cuff in her bosom, and I spoke to her about it, she said she had taken it for a pattern—I know these articles—I know this silk by the colour—I have a dress like it—this lace was cut from a piece that remains—the pattern is exactly the same—I know this coin, and can swear to it.
Prisoner's Defence. The sovereigns I know nothing of; the piece of coin I picked up, about seven months ago, in my mistress's bedroom under the carpet; when my master missed the sovereign, my mistress came to my bedroom, room, and said, "Mary, your master has missed a sovereign out of his pocket; have you got it?" I said, "No; I have no money belonging to my master;" she then said, "Have you got any money in your boxes?" she searched them, and found no money; I was half undressed, and was going out for a holiday; she saw my pocket on my side, and took bold of it, and said, "What money have you got there?" I said, "What money I have is my own; my sister gave it me to go home and see my mother;" I had told my mistress, months back, that I was going home in June to see my mother; I had in my pocket two sovereigns and 10s. 11d.; the two sovereigns were what my sister gave me to go home; the prosecutrix then went down-stairs, and showed my master my purse with the money in it, and my master gave me in charge; my mistress was not so friendly with me as usual, having had a quarrel with her nephew, and tearing the coat off his back; he summoned her, and she had no witnesses; she came to me, and asked me to be a witness against her nephew by saying that I saw the quarrel between them, when I had not, and I said I would not; and when I would not go, she promised her shop-boy a shilling if he would go with her; and when he would not go, she discharged him the next day, and after that she never liked me, and she used to leave money about in the chair-covers, and all parts of the house, and in the parlour, where she says she missed the sovereign; I found a half-sovereign about a fortnight before be missed the sovereign, and I gave it up directly I found it; I found sixpences and shillings also in the chair-covers, and always gave them up; I humbly beg to throw myself on the mercy of the Court.
COURT to AMELIA MOSES. Q. Had you any quarrel with a nephew? A. Yes; I went before a Magistrate—I did not apply to the prisoner to be a witness—I asked her if she was there—she said no—he summoned me before the Magistrate for an assault—he said I smacked his face—I was bound over to keep the peace—his coat was torn on that occasion.
Witness for the Defence.
ANN LYNCH . I am the prisoner's sister. I gave her two sovereigns on 19th May—she has always been wanting to go home, and wanting me to send her—the money I saved I gave her—her home is at West Meath, in Ireland—she told me she would not be long in earning the money, and she would pay me again.
COURT. Q. Are you in service? A. Yes; I live with Mrs. Brown, who is a widow, at Clapham—her eldest son carries on some business in town—I
have not lived there over a week; before that I lived with Mr. Seager, in Cambridge-terrace, four months, and got a character from there before they went abroad—before that I lived at the North London Collegiate Schools, at Camden-town.
JURY to AMELIA MOSES. Q. Is it true that the prisoner has found money and given it to you? A. She found a half-sovereign about four months ago—about a fortnight before she was taken, she brought home some things amounting to 2l., which she said her sister had given her—I have not paid her any wages lately; she had received her first and second quarter.
NOT GUILTY .
GUILTY . Aged 32.— Confined Three Months.
Before Mr. Common Serjeant.
MR. METCALFK conducted the Prosecution.
FRANCIS BARKER . I am a clerk On 28th May, about 3 o'clock in the afternoon, I was passing along Waterloo-road, by the end of Granby-street—I saw a crowd, and some persons engaged in, what appeared to me to be, a sham fight—Bryant was one of the men; I do not know the other; it was not one of the other prisoners—I stood for a few minutes looking, and Bryant came to me, and said, "You see how he is using me"—two other men came to me, one on each side, and they held me, and Bryant came in front of me, and took my watch out of my waistcoat-pocket; it was attached to a guard; he unscrewed the swivel, and took the watch away—that was all done while the other men were holding me—there were other persons round me—I did not see either of the other prisoners—when Bryant took the watch, he walked sway two or three yards—the men who had held me let me go, and I followed Bryant down Granby-street for two or three yards; he turned round, and when he turned again, I saw the policeman—I had not lost sight of Bryant; I gave him into custody, charged him with stealing the watch—the policeman took him to the station—in going along the policeman was knocked down—I did not see either of the other two prisoners there—my watch was silver—I have not got it again—I saw it in Bryant's hand.
Cross-examined by MR. O'BRIEN. Q. Did you call to any one that he had got your watch? A. No; I spoke to a person—there might have been twenty or thirty persons round—Bryant did not mingle with the crowd at all—I know a woman named Watkins, as being a witness—I only knew her on the same day as the robbery was committed—I had been to her house—I cannot say when I had occasion to look at my watch—I have the guard of the watch now; I wore the watch in my waistcoat-pocket—I did not feel Bryant take the watch out; I saw him unscrew it from the swivel, and he put the chain back in my pocket—I had been at Watkin's house for about twenty minutes, or half an hour; I had had something to drink in the house—I was not turned out of the house, I went out myself—I had left that house at 11 o'clock in the morning, and it was about 3 when I was passing down Waterloo-road—I had had something to drink at Wands worth, after I left the house.
the prosecutor gave Bryant into my custody, and charged him with stealing his watch—Bryant said he had not got the watch, and knew nothing of it—as I was going to the station, I was thrown down by Adams—before I wag thrown down, I saw Fardell beckon to Adams—that was in Grove-place—Adams came up and stopped me, and the mob surrounded me—Adams threw me down; I still kept hold of Bryant, and when I got up, I saw Fardell and Payne at the back of Bryant; they had hold of him by the hand or the coat, they were close to him—I took Bryant to the station, the others went away.
Cross-examined. Q. How far is Grove-place from Granby-street? A. Thirty yards—I had seen Fardell and Payne before in Granby-street—I dare say there were forty persons there; I knew several of them by sight—I saw Fardell and Payne when I first got into Granby-street; they were then within three or four yards of Bryant—they then walked on.
ELIZA WATKINS . I live in Cornwall-road. I had seen the prosecutor at my house before this transaction—About 3 o'clock that afternoon I saw a mob in Granby-street—there was a sham fight going on with Bryant and another man—I got up there, and I saw Fardell and Payne—the prosecutor was near the end of Granby-street, in Waterloo-road—he was with Bryant—I did not see the other prisoners after the fight—I saw Bryant walk away, followed by the prosecutor, who gave him in charge—before the officer came up, Bryant had his hand in his bosom—after the officer took Bryant, I saw Fardell walk by Bryant's side—I saw Adams throw the officer down.
Cross-examined. Q. Where was the policeman then? A. At the corner of St. Andrew's-terrace—there were three or four dozen persons—the sham fight had been going on three or four minutes before I saw Barker—then the other man went in a sham fit; he pretended to be very drunk, but he was not—I went up to the prosecutor when he was following Bryant; I asked the prosecutor what was the matter—he told me he had lost his watch; that he had lost his watch in the crowd—many of the crowd followed Bryant to the station.
MR. METCALFE. Q. Where was it the prosecutor told you he lost hit watch? A. He was then following Bryant—it was about two) minutes before Bryant was taken.
SARAH OLDHAM . I am the wife of John Oldham, we live at 5, Grove-place. Last Wednesday three weeks, I saw the policeman with Bryant in custody—Adams came up, and threw the policeman down—I saw Fardell and Payne behind Bryant, and Bryant took something from his bosom, and passed his hand behind—their hands were all in motion—I did not see what became of it; but I heard Fardell say to Adams, "Is it right?" and he said, "A watch"—and he said either "Safe and gone," or "Passed and gone"—some woman then pulled Adams into a house.
Cross-examined. Q. What is your husband? A. He was stoker in the Phoenix Gas Works for fifteen years; he is now out of employ—I was in the middle of the crowd, inside the mob that was round the prosecutor—the policeman had hold of Bryant; I will swear he bad him in custody—I did not know the other two prisoners nor Adams before—I cannot say how far the policeman had taken Bryant before he was knocked down; I saw him before he was knocked down—I came out because I had one of my children out with a baby—it was Adams who said, "It is a watch"—their hands were all in motion—the policeman was down at the time.
BRYANT— GUILTY .* Aged 28.— Transported for Ten Years.
PAYNE and FARDELL— NOT GUILTY .
Before Mr. Recorder.
GUILTY .**† Aged 19.— Transported for Seven Years.
GUILTY . Aged 49.— Confined Six Months.
ROFFEY pleaded GUILTY . Aged 15.— Confined Three Months.
MR. PLATT conducted the Prosecution.
PHILIP SAMUEL TOPP . I am in the employ of Mr. Dempster, a pawnbroker, of Blackfriars-road. On 4th May I was in the New Cut—somebody told me something, and I missed my handkerchief; this is it (produced).
Cross-examined by MR. COOPER. Q. What do you know it by? A. By the border.
JOHN FOSTER . I am a labourer. I was in the New Cut, and saw the prisoners together—Roffey tried two or three gentlemen's pockets—I saw Topp stop at a book-stall—Roffey took the handkerchief from his pocket while Shade stood behind him—they went away together, and I told the inspector, who collared them both—I saw Roffey give the inspector, a handkerchief.
THOMAS WILLIAM CARTER (police-inspector, L). I went after the prisoners, stopped them, and said I took them for stealing a handkerchief—Roffey said, "Here it is, I did not take it," taking it from his pocket, and giving it to me—this is it. (Shade received a good character.)
GUILTY. Aged 16.—Recommended to mercy by the Jury. — Confined Twenty-one Days.
CHARLES GOSLINO . I am in the service of George Gilham, boot and shoemaker, in the Blackfriars-road. On 25th April I saw the prisoner take a pair of boots out of a box at the door—I was close by—he ran away with them—I followed him—he ran into a greengrocer's shop in Friar-street—he came out without them—I asked him for them; he said he had not got them, and told me to go in and fetch them, that they were on the table—I gave him in charge, went into the shop, and the woman gave me the boots—these are them.
Prisoner's Defence. I heard a cry of "Stop thief!" a man ran out of the shop, and threw something into a greengrocer's; I went in, to see what it. was; a woman picked them up, and took them inside; I ran after the man, but was stopped, and given in charge; Gosling said at the station he should have known nothing about it if he had not been told. GEORGE GOSLING re-examined. I am sure he is the man. JAMES REID. I produce a certificate of the prisoner's conviction—(read—Convicted Dec., 1849, having been before convicted—confined nine months)—I was present—he is the person.
GUILTY . Aged 21.— Confined Twelve Months.
PHILIP HODGES . I keep the Barley-mow, Rotherhithe, and deal with Mr. Cole for newspapers—the prisoner was in his employ about six months—he delivered the Times newspaper daily at my house—on 8th May the prisoner came for a bill for 3l. 3s., which he had left two or three days before—I paid him—here is his receipt.
ALFRED JOSEPH COLE . I live with my father, Ebenezer Cole, a news-paper-vendor. The prisoner was in his employ—it was his duty to receive weekly accounts, and put them down in a book when he came home, but not quarterly ones—I have not got his book here—it is kept lying in the office for him to write in it when he comes home—it is his duty to give the money he receives to me—I accused him of receiving the money; he said he had not had it—I took him down to Mr. Hodges, who recognised him.
(The prisoner received a good character, and his father engaged to take charge of him.)
GUILTY . Aged 14.— Confined Fourteen Days.
GUILTY .** Aged 14.— Transported for Seven Years.
1405. WILLIAM GOUDGE , forging and uttering a warrant for delivery of goods, with intent to defraud Henry Ray Wilcocke: also, forging and uttering a warrant for delivery of goods, with intent to defraud John Burrowes: to both which he pleaded
GUILTY . Aged 18.— Confined Six Months.
MR. COOPER conducted the Prosecution.
WILLIAM JAMES PHILLIPS . I live at 25, Borough-road, Southwark. On 7th May I went into the Wheat-sheaf, Marylebone, leaving my cart and horse outside, with the whip, cushions, nose-bag, and loin-leather—I was in and out three or four times—the last time I went out, I missed the horse and cart—I had seen them safe five minutes before—I went home, and sent Harrisson, my man, to look after them.
WILLIAM HARRISSON . I am Mr. Phillips's servant. I went to him for the horse and cart—I saw the prisoner in a pie-shop, near Astley's Theatre, buying a saveloy, with my master's whip in his hand—I waited till he came out, and taxed him with it—he said he bought it of two boys, for 2d., who were a little way down Westminster-road—he gave me the whip—this is it—I have mended it—I gave him into custody.
SAMUEL HARRIS (police-inspector). On 7th May the prisoner was brought to the station—he was crying very much in the cell, and asked for me—I went to him—he said if he was let out, he would tell where the horse and cart were—I asked where they were; he said, "In a back street at the rear of the Victoria Theatre"—I had said nothing to lead him to suppose he would be let out—I did not tell him he would not be let out—I went, and found the horse and cart standing under a dead wall, about 200 yards from the Victoria Theatre—there was nobody near it—the reins were not there—I asked the prisoner when I went back what be had done with them; he said he had sold them to a milkman in the New Cut—I went to several, and at last found the reins at Mr. Williams's in the New Cut.
ALERED COWLAN . I am assistant-collector at Lewisham toll-gate. On 7th May the prisoner was going through the gate with a bone and cart—he said he hart got no money, and must leave something for the toll—he gave me this cushion—I said that would not be enough, as the toll was 3 1/2 d., and he gave me this horse-cloth (produced)—I did not think that security enough, and asked for the whip—he said he would not let me hare it—I gave the articles to the policeman next day.
(The witness Williams did not appear, having been summarily convicted for buying the reins.)
1407. WILLIAM RANDALL was again indicted, with MICHAEL CAVANAGH, for stealing 1 gelding, 1 cart, and 1 set of harness, value 14l.; the property of James Lane; and 42 yards of carpet, 8l.; the goods of George Henry Lane; and LYDIA MOORCROFT feloniously receiving the said carpet. MR. COOPER conducted the Prosecution.
GEORGE HENRY LANE . I am a carpet-bag maker, of 84, St. John-street-road. On 14th April I drove a pony and cart of my father's to a house in Albemarle-street, Piccadilly, about a quarter to 1 o'clock in. the day—I was in the house about half-an-hour—when I came out they were gone—they were worth 12l.—there were forty yards of carpet in the cart, quite new—this is it (produced)—it is mine.
Cross-examined by MR. BALLANTINE. Q. Is it in the same state as when you missed it? A. I have not opened it (it was opened and examined)—it is Brussells carpet, and it is cut for a room—I have no reason to believe it has been altered or worn—it is worth 8l. 15s.
HENRY MOORCROFT . I work with my father, a corn-dealer, at Bermondsey New-road, and am a son of the female prisoner. On 14th April, between 2 and 3 o'clock in the afternoon, I saw the two lads drive away from my father's door in a cart, with a black pony which had been clipped.
Cross-examined. Q. Have you got a sitter? A. Yes; she lives at home with us, but she minds a baker's-shop in Bermondsey-square—I know now that she sent this carpet to my mother—I did not know it was coming, but I saw the note she sent—I am nineteen years old—my mother has lived there some years—my sister is married, and has two children—this is the note I saw (produced)—it is my sister's writing.
MR. COOPER. Q. When did you first see this note? A. In the evening, my mother showed it to me when my sister came home—I do not know why; she only said, "Henry, look at that note."
COURT. Q. How long after you had seen the cart did you go home? A. I came home with my father's horse and cart as they drove away—directly I went into the shop I saw the carpet lying on the floor within two yards of the door—I am sure the two prisoners are the boys.
JAMES TTRRELL (policeman, L 180). I recollect the prisoner's being taken—I told them the charge—Cavanagh said, "I will tell you all about it"—I had held out no inducement whatever to him—he said Randall drove up to his door with a pony and cart, with a carpet in it, and asked him to go with him to sell the carpet for his uncle; that he went with him to Bermondsey-square, where Randall got out at Mrs. Moorcroft's, took the carpet and sold it there—I went to Mrs. Moorcroft's and asked her if she remembered buying a carpet of two boys—she said she did—I told her I had reason to believe it
was stolen—she said she bought it, in consequence of receiving a note from her daughter, and gave the note into my possession—I said she must appear to-morrow at the Southwark police-court at 12 o'clock—she said she would do so—she did so, and I took her into custody—she said she bought the carpet of the boys and gave 3s. for it.
Cross-examined. Q. Did she point out the carpet to you? A. No; I did not see it—I asked her to bring me a piece of it, and she brought me a piece which was cut off—she said there were a good many customers in the shop, and she bought it without looking at it—she keeps a corn-chandler's-shop—she has not been in custody, but has surrendered to-day.
(Moorcroft received an excellent character.)
MOORCROFT and CAVANAH— NOT GUILTY .
RANDALL— GUILTY . Aged 13.—His father-in-law engaged to take him— Confined Seven Days, and Whipped.
(The prisoner by the consent of MR. PARNELL, pleaded
GUILTY to a Common Assault. He received a good character.) Aged 23.— Confined Two Months.
Before Mr. Common Serjeant.
1409. WILLIAM CRAVEN CROLE , embezzling 20l. 14s., and 40l. 6s.; also, embezzling 12l. 16s., 47l. 12s., and 16l.; also, stealing 1 20l. Bank-note, 15l. Bank-note, 1 bill of exchange, for 11l. 18s., one for 6l. 10s., and 20 sovereigns, the moneys of William Northen, his master; to all of which he pleaded
GUILTY . Aged 58.—He received an excellent character.— Confined Twelve Months.
GUILTY .† Aged 20.— Transported for Seven Years.
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 31.— Confined Six Months.
WILLIAM PERRY . I am a stoker. On 2nd June, about 9 o'clock in the evening, I was in a shop in the New Cut, and saw Whinstone go by, drawing a child's chaise, with the handle tied up in front—I saw Mr. Phillips's son run by, and saw him come back with the same chaise I had seen the prisoner with—I went down New-street, and Short-street, and saw the prisoners and another man, who has escaped, talking together; they then went down Oakley-street.
JOHN PHILLIPS . My father's name is John. On 2nd June, between 8 and 9 o'clock in the evening, a person from over the way came to our shop, and in consequence of what he said I went down Short-street, and saw Whinstone with a child's chaise of my father's, which I had seen safe ten minutes before—I went up to him, and he said he was going to have something for carrying it—I said it belonged to us, and he gave it up.
Whinstone's Defence. A man asked me to take it into Webber-street, and he would stand a drop of beer; I gave it up when the young man said it was his
NORMAN— NOT GUILTY .
WHINSTONE— GUILTY .
WHINSTONE pleaded GUILTY . Aged 31.— Transported for Seven Years.
WILLIAM PERRY . I saw the prisoner and another man go down Oakley-street, and followed them to the Westminster-road—they stopped at a tailor's-shop, and looked at some trowsers and coats which were hanging outside—I saw Norman and the other man walk on a few yards, they then turned, looked at Whinstone, and he put up his hand and reached down a pair of troswers, which fell on the pathway—he shoved them towards the front of the shop, picked them up, and went down Oakley-street with them—they all three then went into a public-house, and they came out together, and walked up the New Cut—an officer came, and the prisoners were taken—the other man got away—I saw Whinstone throw the trousers down—I went and told Messrs. Crebo.
NORMAN— NOT GUILTY .
1415. JOSEPH BARNBEY and EDWARD SUMMERS , stealing 1 pair of trousers, 2 shirts, and other articles, value 1l. 18s., and 3 half-crowns, and 3 shillings; the moneys of Benjamin Anderson; and 1 shawl, value 2s.; the goods of Mary Baisden: to which they both pleaded
GUILTY .— Confined Six Months each.
MR. ROBINSON conducted the Prosecution.
DAVID MEYERS . I am son of George Meyers, builder, of Belvedere-road, Lambeth—the prisoner was in his employ two years—we have a wharf, and the prisoner was employed in getting the timber from the rafts in the river—we have for some time missed scaffold-ropes, but the prisoner had no right to take any away—that was generally known among the workmen—this rope (produced) is good and serviceable—some of it has been cut—junk is old rope—there is none of that here.
CHARLES POMEROY . I am foreman at Mr. Myers' wharf. I have continually missed rope—about a month ago I marked some, and soon afterwards missed it—on the Friday or Saturday before the depositions were taken, I marked some scaffold ropes, and missed them in half-an-hour—this is one I marked (pointing it out)—it was found in the sack—it was whole when I marked it—on the Saturday I saw the prisoner go across towards where the saw-pit is, which is separated from the wharf—on 6th June I saw the prisoner come running out of the upper-yard with a bag on his shoulder, as fast as he could—I followed him, and a policeman who was watching at the gates, and Coghlan followed him, till he got to the Commercial-road, when he stopped and dropped the bag—he must have seen us, we were thirty yards off—when I got up to him he was in charge, and I said, "Day, what have
you got hare?"—he said, "Some old junk"—I said, "I think you will find something more than old junk; who gave you leave to take it?"—he said, "Robinson"—I said Robinson had no right to give him leave, and he said he did not know that—he was taken to the station, and I there identified the rope—he must have known it was not old junk—I have seen him take ropes to the saw-pit, and come away without them.
COURT. Q. What is Robinson? A. Foreman over Day, and eight or ten lawyers—he has been discharged—Mr. Myers had him taken up.
GEORGE COOHLAN . I am general foreman of the yard. Pomeroy showed me some marked ropes, and they were left on the wharf—I afterwards went to the saw-pit, and found a sack of rope at the end of it, covered with sawdust—it had no business there—I watched it from time to time; I missed it one night, and next morning saw Day with it on his back in the yard; at soon as he saw me he put it down behind a cart—I went away to the next yard, came back again, and met him coming out of the gate with the rope on his back—I followed him, and he was taken.
Prisoner. Q. Do you not know that the carmen leave ropes at the tollgate when they have not got money? A. I am not aware of it.
WILLIAM GRAY . I am in Mr. Myers's employ. I saw the prisoner take the sack out of the saw-pit, and carry it to the drying-shed—it was about full, but I could not tell what was in it—it might have been rope.
WILLIAM PEARSE (policeman, L 146). I have been for some time watching Mr. Myers's premises—I saw the prisoner come out with the bag on his shoulder; I followed him and took him—I saw him drop the sack—the rope weighed 84lbs.
Prisoner. Q. Did I not tell you what I had got, and where I was going to take it? A. You said it was old junk, and there was none.
Prisoner's Defence. Robinson used to come to the river, and point out timber, and ask me to take the ropes, and take them out one by one; and be told me the junk was perquisites; I have never taken anything without his knowledge. The prisoner re-called
( GUILTY. Aged 39.—Recommended to mercy by the Jury. — Confined Two Months.
1417. WILLIAM THORPE and ANN THORPE , stealing 24 yards of calico, 34 yards of ribbon, and a variety of articles, value 2l. 14s. 8d.; the goods of Alfred Southon, and another, the masters of William Thorpe.
MR. COOPER conducted the Prosecution.
THOMAS SOUTHON . I am in partnership with my brother Alfred, at 26, Surrey-place, Kent-road, we are linen-drapers. William Thorpe came into our service on 19th May, as foreman—on 31st May I missed two shawls, six yards of linen, and other articles; and on 3rd June, a dozen pair of stockings—I spoke to Quinnear about it, and went with him to Mr. Ivatt's, 4, Albany-road, and searched a box there, which was corded, but not locked, and in it found a piece of ribbon with our private mark on it—next morning my brothere, who is not here, gave me some duplicates; I took them to the pawnbroker's and there found a piece of cotton plaid, some flannel, some ribbon, and four pair of stockings—I afterwards found twenty-four yards of calico in the female prisoner's box, a pair of stockings on her feet, one pair on the floor, and six pairs of stockings at the prisoner William's; and I found seven
linen handkerchiefs in the female prisoner's box—I believe them all to be ours—the greater part of them have our private mark on them—before going to search the male prisoner's box, I asked him if his name was Thorpe, he said, "No"—I asked if he was married, he said, "No"—I asked if his father's name was Thorpe, he said, "No"—I told him I had information he had been robbing me, and I should give him into custody—he said he had not taken anything—I gave him in charge—I told him a piece of holland had been found, which belonged to me, and he said he had not taken it.
GEORGE QUINNEAR (policeman, P 1). In consequence of information, on 9th June, I went to Mrs. lvatt's, went to the servant's room, there searched a box, and found among other articles, two yards of brown holland—I then went to the prosecutor's, returned to the house with Mr. Southon, and then searched two boxes, and found the things he has mentioned—we returned to Mr. Southern's premises, and he gave the male prisoner into custody—I told him Mr. Southon had given him into custody for stealing two yards of brown holland—he said, "I have not stolen anything, and I do not think Mr. Southon can prove I have," and he denied being married—the next day I received a bag from the prosecutor; there was a key in it which opened a box, at Mrs. lvatt's—I went to Mrs. Ivatt's again that afternoon, and found the female prisoner in the servant's-room—I asked her if her name was Brown—she said, "No, my name is Thorpe"—I asked her if she knew William Brown, who was at Mr. Southon's—she said, "Yes, that is my husband, his right name is Thorpe"—I searched two other boxes in the room, and found more linendrapery—I charged her with stealing it—she said, "I have not stolen anything, my husband gave them to me"—Mr. Southon gave me some duplicates, which I showed to the male prisoner, and asked him if he knew anything about them—he said they were his, and related to his own property, with the exception of four he had purchased of a young man at Peckham—I told him I had been to Mr. Burls, the pawnbroker, with Mr. Southon, and he had identified property there as his, which one of the duplicates related to, and I showed him the duplicate—he said that was a bundle given him by Mr. Owens, a young man at Mr. Southon's, and he did not know what it contained.
THOMAS SOUTHON re-examined. These stockings correspond exactly with the others in size and make—our manufacturer's mark is on them, and they have not been washed—the holland and flannel have my private mark on them; and I have missed ribbon and fringe of the same description as these found.
ELIZABETH IVATTS . I am the wife of Robert Ivatts, a solicitor's clerk, of the Albany-road, Camberwell. The female prisoner came into our service on 30th April, in the name of Ann Brown—on Sunday, 8th June, she went out to go to a place of worship, but did not return till the Tuesday; and in consequence of inquiries I made after her, I gave information to Quinnear—he came on the Monday, and the boxes he searched were hers—no other person used that room.
June, in the name of William Thorpe—they were pledged by a young man, but I cannot say it was the male prisoner.
WILLIAM THORPE— GUILTY . Aged 27.— Confined Six Months.
ANN THORPE— NOT GUILTY .
(There was another indictment against the prisoners.)
HUMPHRIES pleaded GUILTY .** Aged 21.— Confined Six Months.
ALFRED CHITTENDEN . I live at 4, Malta-cottages, Old Kent-road. I have seen eight pigeons here, which are mine—they were safe on 16th May, at half-past 7 o'clock; and on the following morning, at five, they were gone; and some one had taken out the lattice-work, so that they could get to my workshop, from where I missed a saw, a plane, and some gimlets, which I have not seen since—I have seen Humphries about my place.
JOSEPH TAYLOR . I deal in birds. On 17th May, about a quarter before 8 o'clock, the prisoners came to my shop, and asked where the person lived who had lived next door—I told them, and Humphries said they had a few pigeons to sell—he had a bag in his hand, which he gave to Hayes, who held it while Humphries took out four pigeons, which I bought for 3s.—two of these produced are two of them—Hayes held out his hand for the money, but I gave it to Humphries—they were both together, and Hayes pulled one pigeon out of his pocket.
WILLIAM NOAKES (policeman, M 35.) On 17th May I met the prisoners in the Old Kent-road, and took them into custody—Hayes said he knew nothing about it, and knew nothing of Humphries—I found 2s. on him, and 3s. on Humphries.
Hayes's Defence. I know nothing of the robbery; I only just met Humphries as the policeman came up.
HAYES— NOT GUILTY .
1419. ROBERT CHERRY and WILLIAM EDWARDS , stealing 1 purse, value 6d.; 2 sovereigns, 2 half-crowns, and 1 florin; the property of Charles Mankelow, from the person of Louisa Mankelow: Cherry having been before convicted.
LOUISA MANKELOW . My husband's name is Charles. On 4th June, between 7 and 8 o'clock in the evening, I was walking along the Lower Marsh, and saw the prisoners and another one—as Cherry passed me I saw my purse in his hand—I laid hold of him—he turned round, dropped the purse on my bosom, and said, "For God's sake let me go!" and he got away from me—they were all close together, and Edwards said, "Run like hell!"—he was very rude to me, and I gave him in charge—this is the purse (produced)—it is mine, and had 2l., two half-crowns, and a florin in it—I had it in my pocket a quarter of an hour before I saw it in Cherry's hand.
WILLIAM WESTON (policeman, L 65). I saw the prisoners and another one walking along the Marsh—I watched them, saw a crowd, and saw Cherry running away—I went towards the crowd, and saw Edwards run away—I spoke to the prosecutrix, went after the prisoners, and saw all three together—they saw me, and ran away—I took Edwards, told him what I wanted him for, and he denied all knowledge of it, and said the boy that had done it had run away.
Cherry's Defence. I picked the purse off the ground, and was looking at it, when the lady passed me, and said it was hers.
Edwards's Defence. The lady told me to stop Cherry, and said I told him to run; I asked her to let me go; she would not, and I ran away, and was taken twenty minutes afterwards.
CHERRY— GUILTY .** Aged 16.— Transported for Seven Years.
EDWARDS— GUILTY . Aged 16.— Confined Six Months.
1420. JOHN PULLEN , stealing 1 thimble, value 1s.; 1 shilling, 1 six-pence, 3 pence, and 2 halfpence; the property of Charles Titchener, from the person of Ann Titchener: having been before convicted.
ANN TITCHENER . I am the wife of Charles Titchener, of Wandsworth. On 11th June I was at Wandsworth fair; and in consequence of what Townsend told me, I examined my pocket, and missed a shilling, a sixpence, 4d. in copper, and a silver thimble—I had them safe an hour before.
JOHN TOWNSEND . I was at the fair, and saw the prisoner put his hand into Mrs. Titchener's pocket—on his turning to go away, I caught hold of his hand, and found in it four halfpence, a sixpence, and this silver thimble—I did not find any shilling—I gave him into custody.
JOHN MOSS (City policeman, 225). I produce a certificate of the prisoner's conviction—(read—John Long, convicted at Clerkenwell, Aug., 1850, of stealing money from the person; confined six months)—I was present at that trial—the prisoner is the person.
GUILTY .**— Transported for Seven Years.
CONNOMERE pleaded GUILTY. Aged 27.—Recommended to mercy by the Jury. — Confined Three Months.
JOHN RAVEN (policeman, M 137). On Sunday, 15th June, I was on duty in Church-street, Borough, at half-past 6 o'clock in the rooming, and saw Howell with something bulky under her clothes—I stopped her, and asked her what she had—I pulled her clothes on one side, and found these articles in her apron—she said she had been moving the day before, and had not had time to take all her things—I took her to the station, and she there said she bought them of a woman on the Saturday, and had not the money to pay for them—I ascertained that her daughter, the prisoner Connomere, was living at Mr. Barnett's, and took the things there.
ISAAC BARNETT . I am a furniture-broker, at Blackfriars-road. The prisoner Connomere was in my service seven weeks—these things are all mine—I saw the brush on the 14th; the others I have not seen lately.
(The prisoner's statements before the Magistrate were read: "Connomere says, 'I am very sorry I have done it; I gave the things to my mother.' 'Howell says, 'I am very sorry.'"
Howell's Defence. When I had the things my daughter said she had bought them of her mother.
HOWELL— GUILTY on Second Count. Aged 47.— Confined Six Months.
Before Mr. Justice Coleridge.
1422. PATRICK CANE, JOHN HICKEY , and JAMES M'ELLIGOTT , were indicted for the wilful murder of Henry James Chaplen.—Cane and Hickey were also charged on the Coroner's Inquisition with the like offence.
MESSRS. RYLAND and CLERK conducted the Prosecution.
EDWARD NEWTON (policeman, L 219). On the morning of 5th May I was on duty with the deceased, Henry James Chaplen, at Vauxhall-walk—about 1 o'clock we heard a disturbance, close to the corner of Salamanca-street, at the lower end of Vauxhall-walk, near the Pheasant—we went there, and saw nine or ten men—the three prisoners were among them—they were hallooing and making a very great noise—Chaplen said to them, "If you don't go home quietly, I will lock one or two of you up"—upon that they hallooed louder—I then spoke to Hickey and M'Elligott, and said, "Go home, there's good men, and don't make such a noise at this time in the morning"—Hickey replied, "By Jesus, we know what the time is; we have it in our pocket"—I crossed over the road to speak to some men and a woman who were hallooing—four or five of them seemed to go on faster than the others towards the Queen's Head—I was not near enough to see who they were—I followed them, and when I got opposite Salamanca-street, they all appeared to rush out at once, from the opposite side of the street—Chaplen was then on the pavement, directly opposite the gate—I saw Hickey strike Chaplen on the side of the face with what appeared to me like a brickbat—Chaplen staggered against the window shutters, drew his staff, and struck at Hickey—I rushed across the road, and saw Cane strike Chaplen on the leftside of the head, about the temple; be fell down, and as he was falling, a person, who I could not recognise, gave him another blow on the left side of the head—there were four or five other persons round him at the time these blows were struck—I could not see whether Chaplen's head was bleeding at that time—the spot where the blow was struck was directly opposite Salamanca-street—as Chaplen was falling I rushed at Cane, caught hold of the collar of his jacket, and struck him with my staff over the temple—at the same time I received a blow from a stone on my left shoulder, which knocked me down—I still had hold of Cane—I got up again, and received a blow in my breast, and went down again—I got up again, and ran up Salamanea-street, springing my rattle; I heard the prisoners run away when I sprung my rattle; Chaplen was then lying on the pavement—two constables came up, and I assisted them in taking Chaplen to the Queen's Head—afterwards, in consequence of information, I, and another constable, went to 49, Vauxhall-walk (that might have been about ten minutes or a quarter-of-an-hour after Chaplen had been knocked down)—it is only three doors from the Pheasant—I knocked at the door some time, and it was opened—I went in, and saw Hickey coming out of the kitchen, or wash-house door—he was bleeding from the right-side of the head—he had his clothes on—we took him into custody—my brother constable said to him, "I take you into custody for assaulting, or ill-treating, one of the constables"—he said he had not been out, or would not go out of the house, I do not know which—a constable, named Streems, said to him, "How came the blood on your hands?"—he said, "My nose has been bleeding"—we took him outside—he said at first that he would go, and then he began to kick and plunge about—when we got him into the street I saw M'Elligott close outside the garden railings of No. 49—I turned my lamp on him, and said, "Holloa, young fellow;" and said to my brother constable "Here is one of them;" and he was taken into custody by No. 113—I left Hickey in charge of two constables, who took him to the station, and came back to No. 49—I then saw Cane
coming up from the cellar—he was dressed—he tried to get out at the backdoor—his head was bleeding at the side—Streems went and stopped him, and said, "Surrender, or I will strike you down"—he said, Oh, he would go—Streems told him he took him for assaulting a constable; he said, Oh, he would go—he attempted to getaway, but was taken to the station, after a good deal of resistance—Chaplen was taken to his own house on the morning of 5th May—he was insensible all the time, a surgeon was brought to see him—when Chaplen struck at Hickey, the blow took effect on his head—when Hickey and Cane first came up, neither of them were bleeding—I did not see Cane there at first; I first saw him when I attempted to take him into custody—I had never seen him before—I mean that I first saw him directly opposite Salamanca-street, when he struck Chaplen—Cane's head was not bleeding at that time—Hickey and M'Elligott were together; they were the first two that I spoke to—Hickey's head was not bleeding when I first saw him.
Cross-examined by MR. PARNELL. Q. How long have you been a police-constable? A. Ten or eleven weeks—I am a tailor by trade—I had never been in any row of this kind before—Chaplen's beat joined mine—this took place on Streems's beat—Streems was not there till the disturbance was over—I came down Salamanca-street—I had no opportunity of seeing what was going on till I got to the corner of the street—I had seen Chaplen before that evening, about 20 minutes or a quarter after 12 o'clock—this was about 20 minutes past I—when I got to the bottom of Salamanca-street I saw Chaplen walking up the road—I spoke to him a few minutes before he was knocked down, and then went on my beat—the persons were hallooing, bawling, singing, and arousing themselves—I had never been in the house, 49, before—I have since ascertained that between fourteen and sixteen persons lodge there, principally men who work at the gas-works—I have not been on duty there since—I had not my staff out before the stones were used—I drew my staff directly I saw Chaplen's staff out, and I seized Cane and struck him over the head—i was knocked down immediately after I struck Cane—that did not make me leave go my hold, we both fell together—Cane got away from me after I got up—I was not knocked down more than once—after Cane got away from me I lost sight of him, I ran up Salamanca-street—brickbats were being thrown about while I was falling—it was all done instantly—there were ten or eleven persons taken into custody about this—I did not know any of them before—I know what has become of some of them since—I do not know that some of them have gone away.
Cross-examined by MR. BALLANTINE. Q. You had not known any of these persons before? A. No; Hickey is the middle prisoner—I did not notice whether he had much of a wound when he was taken into custody, his head was bleeding—he was dressed as he is now, he had a different neek-handkerchief, a silk one, with stripes, I noticed that when I first spoke to him—we have it in our possession; he took it off at the station—I noticed the colour of the stripes when I first spoke to him—I do not know how to describe the colour exactly, but the stripes were a little darker colour than the rest, I noticed it because it was tied like a sailor's—he had this sort of coat on, not a corduroy-jacket and a cap—I might be a foot from him when I spoke to him first: I was almost touching him, there was M'Elligott between us—I saw his face—there was a gas-lamp three or four yards off, that enabled me to see his face—it would have been too dark without that for me to have seen him—the gas-lamp was in front of him—that was the first time I saw his face—Hickey was close to Chaplen when I saw him strike a blow—they were nearly opposite me—there was two yards and a half or three yards between us—he struck
Chaplen about the side of the face—I saw something dark in his hand; it looked to me like a brickbat—when Chaplen struck at Hickey I heard the sound of the staff, and saw it go close to his head—there were two or three persons between us, which prevented ray seeing whether the blow reached him—I saw three blows given to Chaplen—I do not know whether there was a man named Clarey amongst the people—I do not know a person of that name—I have not, to my knowledge, been looking after a person of that name—a man named Burke was taken into custody that night—I do not know whether Thomas and William Burke were taken—I was called on to identify them, and was unable to do so—I attended all the examinations before the Magistrates—a person named Harrington was charged, and discharged by the Magistrate after being had up a second time—Ellen Dunn was examined as a witness for the prisoners—I believe Mr. Carter, the inspector, brought her forward—she was examined at his suggestion—I heard her give her evidence—he brought forward Mrs. Cole likewise—I do not recollect his bringing forward Mrs. Donahay—Mrs. Cole is the landlady of the house, and Ellen Dunn is the servant.
Cross-examined by MR. WOOLLETT. Q. Were the men very drunk? A. They were in liquor—M'Elligott was not very drunk—I did not say before the Grand Jury that the men were very much intoxicated, particularly M'Elligott—I never saw him before.
MR. CLERK. Q. On which examination were Dunn and Mrs. Cole called as witnesses? A. I think it was on the second examination—we were three times before the Magistrate, I think—at the time I struck Cane on the head Chaplen was falling on the ground, he had then been struck by Cane with a brickbat which he held in his hand—no brickbats had been thrown before Chaplen was struck to the ground.
WILLIAM LONEY (policeman, L 201). Between 1 and 2 o'clock on 5th May I was on duty in Glasshouse-street, Vauxhall-walk, that is about half-way between the White Lion and the Pheasant—I beard a rattle springing at the top of Vauxhall-walk—I went there, and when I got to 49, very near the Pheasant, I met the three prisoners, and another man not in custody—Cane and Hickey went into 49, and the others ran on—they were all running when I first saw them, I stopped and looked at the men as they passed me—I did not stop them, but went on towards the spot, where I found Chaplen—he was lying on the ground bleeding, and unconscious—I assisted in lifting him up and taking him into the Queen's Head—I afterwards went with Newton and Streems to the house, 49, where I had seen Cane and Hickey go in, I there found Hickey in the yard by the kitchen-door, I observed blood on his face and hand—Streams asked him how the blood came on his hand—he said his nose had been bleeding—the blood on his face was on his forehead, and was trickling down his cheek—we took him into custody—he came quietly through the house, but resisted when he got to the door—he was secured, and taken to the station—I went there with him—he took a handkerchief from his neck and gave it me—I told him he had better wear it—he said be should not want it; I kept it—it was bloody—this (produced) is it—he was drunk, but could walk and talk, and understand.
Cross-examined by MR. PARNELL. Q. You speak of four men you met, and three you speak to positively; what makes you speak so positively to the three? A. I have seen them before, at the White Lion—I did not know them by name—I had a look at them as they ran past me—Hickey had a cap on, and the others hats—I will swear I had seen Cane before, more than once, when I have been on duty of an evening—I had seen him two nights previously—I did not know where he lived—there was nothing particular
about his face which excited my attention—his hat was over his forehead as every man would wear a hat—there was nothing to hinder me from seeing his features—I did not speak to him; he was across the road, standing still—when I saw the four, they were running, and ran past me—I saw them ten yards before they came to me; they were running all the time; I could see them well—my beat joins Newton's—Chaplen's beat was opposite mine; he went higher up; part of the Vauxhall-walk was in his beat, from the White Lion to the Pheasant—I believe that was the beat he had that night; it was from just before you get to the gas-works to the Pheasant, and round a street I do not know the name of; but it was the opposite beat to me that night—I had one side of Vauxhall-walk, and be bad the other—I saw him a quarter of an hour before seeing him on the ground; he was opposite to me, and I asked him how he was—he had then to turn down Jonathan-street and come back again into the Walk, near the White Lion—I came down to the Pheasant; we were both near the Pheasant.
Cross-examined by MR. BALLANTINE. Q. When Hickey was taken in Cole's house, how many constables went in? A. Streems, Newton, Curtis, and myself; there were four or five, I will not be sure—Curtis is not here—I did not hear Hickey say that Curtis had struck him in the house—he gave me the handkerchief from his neck; be did not account for the blood on it by saying that one of the constables had struck him in the house; he said nothing about being struck in the house that I heard—I had not got my staff out, and I did not see that Curtis had—I can't say whether the other constables had theirs out—I and Curtis came over the back-yard, and I did not see that Curtis had his staff out then—we were stopped by seeing Hickey at the wash-house door—I did not see Curtis strike at him—Curtis is on night duty; he is doing nothing at this moment; he was not before the Magistrate.
Cross-examined by MR. WOOLLETT. Q. Will you swear you have seen M'Elligott before? A. Yes, two months before, at the Cock, public-house—I had been on that beat three months; it was my first beat—I have only been three months in the force—I came in at the same time as Newton—M'Elligott was drunk, but not very drunk; he knew what be was about, or he would not have run away; they were all tipsy.
MR. RYLAND. Q. Did Curtis and you go to the house, No. 49, together? A. Yes; I stayed in the house as long as he did; but did not see him strike Hickey—I saw no truncheon while we were in the house—I will not be positive of that.
THOMAS STREEMS (policeman). On 5th May, I was on duty in Broad-street, Lambeth, and heard a rattle springing, about 20 minutes past 1 o'clock—I went to Vauxhall-walk, where the sound appeared to come from, and saw the deceased, Henry James Chaplen, lying on the footway—I assisted in taking him to the Queen's Head, and Newton called a surgeon—I went with Newton, Loney, and Curtis to No. 49—I knocked, the door was fastened—we got in by breaking open a side-door, leading to the back-front—I saw Hickey standing at the wash-house door; I saw some blood about his face—(Curtis came in behind me; he was then getting over the railing)—I asked him what blood that was on his hands—he put his hands behind him, and said he had no blood on them—I took hold of his hand, and showed him that there was blood on it—he then said his nose had been bleeding—other constables took him to the station—I then saw Cane come up out of a cellar, or coalhole (the kitchen is on the ground-floor)—he had a cut, I believe it was over the right eye—he asked me what I wanted of him—I said, "On a charge of assaulting a police-constable"—he said he knew nothing of it—he
was taken to the station—I assisted in taking Chaplen to the hospital—when Hickey was taken, he was dressed as he is now, excepting his handkerchief; be wore a hat.
ROBERT SHARP . I keep the White Lion, High-streeet, Vauxhall. I know Cane and Hickey—they were there on 4th May, about half-past 9 o'clock as near as I can recollect—they remained till half-past 12 or a quarter to 1—they were the last in the house—I saw them when they left—they were quite sober and comfortable.
Cross-examined by MR. BALLANTINE. Q. Was Harrington among the people who left? A. I cannot say—I now recollect myself, the two Shanahans and Harrington were there—Hickey was dressed, when he left my house, in a corded jacket and trowsers and a hat—Clarey was in my house that night—I had known him three months—he left rather before Hickey—he had on a black frock-coat and a cap—I have never seen him since—I had been in the habit of seeing him nearly every day before that—he works at the gas. works—I have known Hickey about six months—he had frequented my home the whole of the time—scarcely a day passed when he was not there—he is a remarkably quiet well-disposed man, and bears a very good character—I never knew him use an angry word.
Cross-examined by MR. PARNELL. Q. Do you know Cane also? A. I have known him about the same time—he is a very quiet man—he has been working all the time in the gas-factory—all those who were discharged have kept in the neighbourhood, but Clarey I have not seen—there had been a meeting at my house to make a collection for Clarey, which is the custom among the Irish if a man has been a long time out of work; they give him what they can—I understood Clarey had been out of work—there were fifty or sixty persons present—they all went away within a quarter of an hour—I know Mrs. Connell—she and her husband were there that evening—they all went away within a few minutes of each other.
MR. RYLAND. Q. Was the collection to find Clarey some work? A. It was to get him some clothes—I understand he borrowed a coat to go there in—there were from ten to twenty women there—I do not recollect the dresses of the forty men; but this man being the last in the house was the cause of my noticing him—about half-past 12 o'clock I told them it was time to go, and in less than a quarter of an hour they were all gone; Hickey had asked me for more drink, and I refused to serve him—I told him it was time to be gone—his being there last gave me an opportunity of observing his dress, and I had seen him during the day—neither Cane nor Hickey had any blood about them when they left—the collection is made by a person sitting with a plate, and the money is collected in the same way as at a Church-door.
MICHAEL CONNOR . I am a labourer, and live at 49, Vauxhall-walk. On Sunday night, 4th May, I was in the White Lion, and saw the prisoners—I left them there about a quarter-past 12 o'clock—there were then about twenty or twenty-five persons there—I am not sure how Hickey was dressed.
Cross-examined by MR. BALLANTINE. Q. Did you talk to Hickey? A. I spoke to him—he generally wears a black jacket like these trowsers (showing his own trousers, which were brown corduroy).
Cross-examined by MR. WOOLLETT. Q. Did you know M'Elligott before? A. Yes.
MR. RTLAND. Q. What colour are your trowsers? A. Black; he had got on a jacket the colour of my trowsers.
of 40, Vauxhallwalk—he was handed over to me by Newton—he asked me what I took him for—I said the inspector on duty would tell him when he rot to the station, or the Magistrate would tell him next day—he said he knew nothing about the murder—I had not mentioned the word "Murder!"—it was not "about the matter."
Cross-examined by MR. WOOLLETT. Q. Cane and Hickey had been in custody about an hour previously, had they not? A. No.
CHARLES BURGESS GOUGH (police-inspector, L). On 5th May, about 9 in the morning, I went to 101, Vauxhall-walk. There is a garden in front of the house, with pieces of stone round the flower-bed, called potters' clinkers, or binders—there was a deficiency in them in the front, of apparently ten or twelve—inspector Carter pointed out to me the place where Chaplen fell—that is about fifty-three yards from the garden—here is one of the clinkers from the garden (produced)—I received these eight other clinkers from Streems—on 5th May I took them to the garden, and fitted them to the gap—several fitted completely, but in a number of places the mould had fallen in; but when I fitted them, they filled up the whole space—the spot pointed out to me was directly facing No. 1, Salamanca-street.
MR. PARNELL. Q. Scattered about in different directions? A. Five of them were close to the spot where the body lay, and the others in different directions—one or two were as much as ten yards from the spot, and the others less.
MARY HANDS . I am the wife of William Hands, a policeman, of 101, Vauxhall-walk. We have a flower-bed in the front garden, with stones similar to these round it of various sorts and sizes—they were all in their places at half-past 10 o'clock at night on 4th May, when I let a friend out—I did not miss them till the constable came next morning, and told me they were gone.
Cross-examined by MR. PARNELL. Q. Was your husband at home that night? A. Yes, ill; he was not doing duty at that time—I saw footmarks in the garden as if somebody had jumped over instead of coming in at the gate, which was only latched—they could open it, and come in—the railings are about four feet from the ground.
THEODORE EDWARD LADD . I am a surgeon, of Walcot-place, Lambeth. On 5th May, about 3 o'clock, I was called up to the deceased—he was perfectly insensible—his face altogether was very much bruised—on his right eyebrow was a lacerated wound—on the left side of his head was a very extensive wound, which communicated with a fracture of the skull—there was a piece of bone pressing on the brain—the wounds were bleeding, and he was also bleeding from the nose and ears, from which I inferred that the fracture of the skull extended across the base—there were no symptoms of rallying, and I ordered him to the hospital—I afterwards heard of his death, and consider it was caused by the fracture of the skull, and the piece of bone pressing on the brain.
Cross-examined by MR. PARNELL. Q. You attribute the bleeding from the nose and ears to the blow on the left side? A. Yes; his face was more swollen on the light side than the left—I am surgeon to the division—I was not summoned to the station to Cane—I saw that he had a wound over the
eyebrow next morning, at the police station—I did not examine it—it was not plaistered—the blood was not washed off.
WALTER REES . I was house-surgeon at Gay's Hospital. On 5th May, the deceased was brought there insensible, at 5 o'clock in the morning—he died in ten minutes or a quarter of an hour—on the 7th, I assisted Dr. Lloyd in making a post-mortem examination—there were five lacerated and contused wounds on the upper part of the face and head—one about an inch and a quarter long over the external angle of the right eyebrow, another about 22 inch and a half long over the left eyebrow, another on the left temple region communicating with an extensive fracture of the skull, and one behind the ear rather smaller, and another quite on the back of the head—the blows must have been numerous—no two wounds could have been produced by one blow—the scalp was infiltrated with blood in every direction—the temporal muscles on both sides were also much loaded with blood—I attribute death to compression from coagulated blood, and from the bone: which were produced by the fractures of the skull—the greatest fracture was on the left side—blows with such stones as these would produce such wounds.
MR. BALLANTINE called
ANN CONNELL . I am the wife of John Connell, of Justin-street, Lameth. On Sunday night, 4th May, I was at the collection at the White Line, at 11 o'clock—I did not see Cane in the house—I saw him on the pavement as I came out, close upon 1 o'clock—me and Cane, and M'Elligott went to where Cane lodges; Mrs. Cole's in Vauxhall-walk—while we stood in Mrs. Cole's gate, six or seven men and women came up singing from the White Lion—we stood there till they came up and passed—two policemen who I do not know were driving them, telling them to go home—Cane laid hold of one of the policeman's hands, and said, "Let them alone, they are only singing, they will go home quiet"—the policeman attempted to withdraw his hand from Cane's—Cane held it, and the policeman hit him with his staff on the head—I saw blood come—Elligott and me laid hold of him, and asked him to go indoors, and never mind what had happened, but go in and keep out of the policeman's clutches—he went in doors, the door was shut, and I went home.
Cross-examined by MR. RYLAND. Q. Have you seen either of the two policemen since? A. No; I have seen plenty of police here to-day—I have not been op in the gallery at all to-day—I should not know the policemen if I were to see them—there was not a large party at the White Lion while I was there—I amused myself in going in and out two or three times to the pavement—my husband was not there—he was ill, and sent me to supply the collection—I did not go inside Cane's gate—it did not take many minutes to walk from the White Lion to where this happened—it was close upon 1 o'clock when we got to Mrs. Cole's gate—I stopped there five or six minutes—I did not come out again that night, and heard no more till next day—I have known Cane nine or ten months—he is a labourer—he is not very frequently in work—he does not work at the gas-works—I saw him after he had got inside his gate, but not after he shut his door.
ELLEN DUNN . I live at Mr. Cole's lodging-house; Cane lodged there. On the night this took place, he came in alone—I do not know what time it was, his forehead was bleeding, he complained to me about it—he had a hat on—he was going out again after a small while, with a cap on—I told him to stay inside—he went out—I cannot say how long he was gone—he came back with Hickey and Harrington, and the policemen came directly after.
MR. COCKLE. Q. Did you notice what state Hickey was in when he came in with Harrington and Cane? A. I saw no blood on his face or dress
—I did not notice whether he was cot in any way, they all three went down-stairs to the kitchen—I did not go down with them—I afterwards saw them in the kitchen—I do not recollect what Hickey was doing—Hickey came op, and I heard people coming across the palings, and called my mistress—I went op-stairs—I afterwards saw Hickey outside the door, taken by the police; there was then blood on his face—I do not know bow it came there—I saw no cot.
Cross-examined by MR. CLARK. Q. Are you servant at this house? A. Yes; a good many Irishmen live there—all the lodgers bad gone to bed but Cane, Hickey, and Harrington—Mrs. Cole had gone to bed when Cane came in the first time—there was a fire in the kitchen—as soon as I heard Cane knock, I ran op, and opened the door; there was no light at the door—Cane talked with me in the passage for a small while, and then I went down-stairs, and he went out—I cannot say whether it was a quarter or half-an-hour before he came back with Harrington and Hickey—I opened the door for them—I do not know whether there was a light in the passage, there was one down-stairs—the police bad got their lanterns when I saw Hickey in their hands, and that was the first time I saw his head bleeding—when Cane went out, after speaking to me in the passage, he took a knife with him off the kitchen table, down-stairs—he did not remain in the passage all the time.
MR. PARNELL. Q. What did he do with the knife? A. I saw no more of it—I saw him lift it op in the kitchen, whether he pot it down or not, I do not know; he went op-stairs before me—there were more than a dozen lodgers in the house—one was named Clary—I have never seen him since—he never came home that evening—some of the lodgers bad been in bed a quarter of an hour when the three men came—some of them came in between Cane's first coming and the three men coming—I do not know whether they could let themselves in without me—I saw Fahee, Burke, Shanahan, and four others who I do not know, come in together, just as Cane talked of going out again—the kitchen is the room where the lodgers take their meals—they do not sleep there—they wash in the back-kitchen, and get their meals in the other—I do not remember what dress Hickey had on when he come in.
COURT. Q. Is there any gas-lamp outside the door? A. "No; I saw Clarey at the White Lion that evening, about 10 o'clock—I do not remember how he was dressed—I never saw him again—I cannot say what time my mistress went to bed—I saw her at the White Lion, she came away before me—she was not in bed when I came back, I saw her go to bed—I cannot say what time it was—I came in about 12.
MARGARET COLE . I am the wife of Robert Cole, who keeps this lodging-house, 49, Vauxhall-walk—Cane and Hickey, and several others, lodged there. On Sunday night, 4th May, I went to the White Lion—I left Cane and the others there—I was not in their company, I was in the bar—I got home before 12 o'clock, and went to bed—when I had been to bed some little time I heard my girl's voice, and men's voices—I got oat of bed, went into the passage, and saw Cane and my girl—Cane's head was cut—I saw blood on his face—I spoke to him and went into my room, and he went out—I was disturbed again about a quarter-of-an-hour afterwards—I got op, went into the passage again, and saw Cane, Hickey, and Harrington, and almost at that minute the police came—I do not know whether Cane had a hat or a cap. MR. COCKLE. Q. Did the three go down-stairs? A. Yes; and so did I,
for about two minutes—Hickey took a basin of water to fill a kettle to wash Cane's head—he went up-stairs with the basin and did not return—I saw no blood on Hickey's face when he first came in—I did not examine his dress—I was too frightened at being called out of my bed.
Cross-examined by MR. CLERK. Q. Had you a light in your bed-room? A. Yes; I did not take it out when Cane came the first time—I sleep in the back-parlour, on the ground-floor—the door faces where he stood—there was a light in the kitchen.
MR. COCKLE called
DENNIS HARRINGTON . I was at the White Lion on 4th May, the night of the collection for Clarey—Hickey was there, and his brother-in-law, Jerry Shay—I left there with Hickey and Shay at a quarter to I o'clock, and came along Vauxhall factory into Glasshouse-street, and into Jerry Shay's house—it was then 5 minutes to 1—we ate our supper, and left there at half-past 1—we met Clarey at the bottom of Glasshouse-street—he did not accompany us to Shay's—he asked Hickey for his jacket, which he gave him, and Clarey gave Hickey his coat—I know Hickey's jacket—I have not seen it since that night—it was a black corduroy-jacket, with a broad ray—this was after we had supped, and when we were about three minutes from Shay's house—we were going towards our lodging-house, 49, and Clarey was going back towards where the fight lied—I have not seen him since—after parting with him I went home, and met Cane between Shay's house and our lodging-house—he was cut in the forehead—I did not notice what he had on his head—me and Hickey and Cane went in together.
Cross-examined by MR. RYLAND. Q. Did you stay in the lodging-house till the policemen came? A. Yes; I do not know what time it was—I went down into the kitchen, and thought it was time to go to bed—I went to bed, leaving Cane and Hickey in the kitchen, and very soon aftewards I heard a rumpus—I did not get up, I kept snug in my bed—I do not know the time very accurately when either of these matters took place—I know it was 5 minutes to I when I went into Jerry Shay's—there is a clock in his house—I swear I looked at it—it is in the kitchen, where we supped—I looked at it again when I went out, on my oath—it is my general rule to look at the clock when I want to know the time—I had been in bed a good while when the police came; I do not know how long, for I was asleep—the police did not wake me—I had not been to sleep before I heard them—I had not been lying in bed awake half-an-hour when they came—I cannot tell whether it was twenty minutes, there was no clock in the room—it was more than ten minutes, I did not get up—I laid undisturbed, and did not get out of bed till morning, when I went to ray work—the police came for me when I was at work—the Magistrate discharged me.
COURT. Q. The exchange of the coat and jacket took place in the street? A. Yes; there was nobody else in the street—there was no clock in the kitchen at the lodging-house—it was about five minutes before I went to bed—I took my clothes off when I went to bed, and it might be twelve minutes before I heard the police come.
Q. Just look at that clock, and tell me what time it is? A. No, Sir; I do not know the clock at all—the woman at the house said what time it was.
JEREMIAH SHAY . I am Hickey's brother-in-law. I was at Clarey's collection, at the White Lion—I left with him and Harrington, at a quarter to 1 o'clock, according to my opinion—we went to my house, in Glasshouse-street—they left at half-past 1—I wished them good-bye, bolted the door, and went to bed—they had supper with me—the door was not locked when
we went there—my mistreat knew I was out—she was at home—the is here—we have but one room—Hickey wore a black corduroy-jacket, a waistcoat, and a hat which he wore at the White Lion, and when he left my house.
Cross-examined by MR. CLERK. Q. What did you have for supper? A. Bread and a bit of bacon, nothing else; no drink at all—it was 5 minutes to 1 by my clock when we got home—I can't tell what time it is by that clock (looking at the clock in the Court); I don't know.
MART SHAY . I am the wife of the last witness, and the sister of Hickey. On 4th May, Clarey's benefit night, my husband came home at 5 minutes to 1, with Hickey and Harrington; I know the time, because we have a clock; I can tell the time by the clock (after looking at the clock some minutes, the witness told the time correctly)—Hickey wore a jacket and bat when he left.
Cross-examined by MR. CLERK. Q. Had they anything to eat at your house? A. Yes, supper; bread and bacon, but no drink.
JAMES RYAN . I work with Mr. Cole—I know Cleary; he worked for Mr. Cole; he used to live at 49, Vauxhall-walk—I remember his benefit at the White Lion, on Sunday, 4th May—my wife lent him a coat—I saw him with it on at the White Lion; that is the same coat which Hickey has on now; it is mine—I was not present when my wife lent it.
Cross-examined by MR. CLERK. Q. Have you been in the habit of wearing it? A. Yes; I had not worn it on that Sunday (the witness exchanged his jacket for the coat which Hickey wore, which appeared to fit the witness better than it did Hickey)—I have a better opportunity of seeing it now, and am sure it is mine—this is the first time I have seen it since that Sunday.
CANE. Aged 40.
HICKEY. Aged 23.
Guilty of Manslaughter.
Transported for Fifteen Years.
M'ELLIGOTT— NOT GUILTY .
ADJOURNED TO MONDAY, JULY 7TH, 1851.