7th April 1831
Reference Numbert18310407-1

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Second London Jury, before Mr. Sergeant Arabin .

698. HENRY JONES was indicted for stealing, on the 25th of February , at St. Faith, under St. Paul's, 5 sacks, value 10s., and 600lbs. of fat, value 10l., the goods of William Collingwood , in his dwelling-house .

ELIZABETH BRASSINGTON . I am in the service of Mr. William Collingwood - he is a butcher , and lives at No. 10, Newgate-market ; he and his family reside in the house. On the 25th of February, between six and seven o'clock in the evening, the prisoner came there, and asked for some fat; I told him it was ready, and he took away five sacks of fat - I heard it thrown into a cart, but I did not see it: I had known him before - he used to fetch Mr. Morgan's fat, and I thought he came from him then; there was another female servant at home at the time.

Cross-examined by Mr. CLARKSON. Q.Have you always told the same story? A. Yes, Sir, as far as I could- I was examined three times; they asked if I heard it thrown into a cart, and I said Yes, that was on the first examination; I said I thought the person had a smock-frock on, but I was not rightly sure, and did not swear to that - he had a fustian jacket on, but I did not swear particularly to his dress; I do not know that I stated to the Magistrate that he had a shooting jacket on - I said a fustian jacket; I did not say it was a shooting-jacket - (he appeared to me to be in a smock-frock) but he had been in the habit of wearing such clothes; I did not say I did not know the man, though I believed him to be the prisoner, nor any thing of the kind - the gentleman asked if that was the prisoner, and I said Yes; I do not know how I came to be examined three times - I never said I only believed him to be the man.

Q. Now, which had the man on, a fustian jacket, or what you have now called a smock-frock? A. I thought he had a smock-frock on; I will swear he had a fustain jacket on - I have seen a Mr. Colney; I do not know whether he was examined before the Magistrate - he took his oath before the Magistrate.

COURT. Q. Should you have given a stranger your master's fat? A. No, Sir; I had been about two months in the place, and during that time I had seen him come backwards and forwards for the fat several times.

GEORGE MORGAN . I am a tallow-chandler, and have had fat of Mr. Collingwood; the prisoner had been in my service, and was employed to get fat from there, but I had discharged him on the 20th of February.

Cross-examined. Q.How long had he been in your service? A.Two months, or rather more.

WILLIAM COLLINGWOOD. I am a butcher - this is my dwelling-house; it is in the parish of St. Faith, under St. Paul's. I had sold fat to Mr. Morgan for four weeks, but Messrs. Marshalls had had it before him, and they had it again for a week before the 25th of February, and should have had it that day - the prisoner used to come for the fat for Mr. Morgan; when I went out on the 25th of February I saw the five sacks with a note on them, and when I returned home in the evening they were gone; the fat was worth rather more than 10l. - the next morning Mr. Marshall sent to know why he had not had the fat, and I sent for my servant to inquire about it - I was present when the prisoner was taken - he did not deny it, but said it was a pretty go.

Cross-examined. Q. Did you state to the Magistrate that the prisoner said it was a pretty go? A. I did not- he was taken in a turning up Hanway-yard, a place called Pepys-court, I believe, in the first floor of a house in which he lived; the Policeman was with me at the time, and Mr. Morgan, to recognize him - the fat had been sold to Messrs. Marshalls for a week before the 25th of February, and they were to have it that day; there was a note on the sacks stating the weight - I went out about six o'clock in the evening, but left no orders whatever; it was left for Messrs. Marshalls, and booked in their names; I left Brassington in the house, and my family; in general my men are there when the fat is fetched, but they were gone then - the prisoner was examined before the Magistrate; he was remanded to give an opportunity of getting hold of the receiver if we could - we have no doubt who was the receiver: we searched the premises of Mr. Colney, and we summoned him before the Magistrate - I do not remember charging him with any offence.

Q. Do not you know you examined him as a witness against the prisoner? A. I deny it - I do not know whether he was sworn; his examination was taken down - we have no hesitation in saying he was the receiver of the fat; I told the Magistrate I had no hesitation in saying that the fat went to Colney's - I did not see it go there; I never saw Colney before we searched his premises - Colney said no

fat had come into his house for twelve minutes; we summoned him to answer before the Policeman, who swore he saw the prisoner delivering fat at Colney's that night.

Q. Then it was as a criminal you took him there? A. I have no doubt he was one; I told the Magistrate my opinion of him; I did not have him examined on his oath against the prisoner - I believe his deposition was taken down, but I do not remember that he was sworn; he was not a witness of mine.

Q.Did you not cause Colney to be taken before the Magistrate, and there examined as a witness against the prisoner? A.Certainly not, he was examined as a receiver - I cannot remember whether Brassington stated on the first examination whether the man had a fustian jacket or a smock-frock on; it is most likely that I had some conversation with her between the first and second examination- I think the officer had told me before the second examination that the man he saw at Colney's shop had a smockfrock on; I might probably tell that to Brassington - I do not know whether before I said that she said he had a fustain jacket on - I told her he had a smock-frock on, because the person where the prisoner lived said he had on a smock-frock when he went from the premises, which was a thing he never had on before; I think before that Brassington had said the man had on a fustain jacket, but I would not take upon me to swear which she said.

JOHN YOUNG . I took the prisoner in Pepys-court -I asked where he had been on the 25th; he said over at Lambeth, and not at Newgate-street.

Cross-examined. Q. Did you summon Colney? A. He was summoned by the Magistrate, and appeared on the second examination - he was sworn, and the clerk was present, but I cannot say whether what he said was taken down - I have a doubt of it; I cannot say whether he was examined as a witness - the prisoner was not at the bar when he was examined - I swear that; it was on the second examination - the prisoner was examined first, and left the room in charge of the officer; then Colney was called up, and accused of receiving stolen property - I cannot swear that; he was accused of being a receiver, and then examined upon oath; I do not know whether his examination was taken in writing - I did not see him put his name to it: there was a third examination: Colney was placed in temporary custody for about five minutes - I am not the person who saw the prisoner take a cart of fat to Colney's house; Colney denied that any fat had been taken to his house - I do not recollect that he was present on the third examination, he might have been - I do not know whether there was any attempt on the part of any other officer to apprehended him.

JURY. Q. Did you state what he said about where he had been on the 25th? A. Yes, he said he had been at Lambeth, and not at Newgate-street.

WILLIAM BENTON . I live at No. 4, Lower-marsh, Lambeth - I have a horse and cart which I let out. On the evening of the 25th of February, about six o'clock, the prisoner and another person came to my house; the prisoner had a white smock-frock on, and a long apron - he said he wanted my horse and cart to fetch some fat from Westminster; I let him have it - the other person paid me, and they went away.

Cross-examined. Q. How long have you known the prisoner? A.Two or three years; he had a very respectable pesses with him, or I do not know that I should have lent it him.

JOSEPH VINTON . I was a Policeman, but have left. On the 25th of February, between half-past six and half-past seven o'clock, I saw the prisoner at Strutton-ground, Westminster, carrying a sack into Colney's shop - he had a white smock-frock on, and a white apron; I do not know what was in the sack.

Cross-examined. Q.Were you discharged from the Police? A. No, I left it to go after a situation which I have not got, but I shall have it; it is gardening at Mr. Appleton's, at Bromley - I left the Police about a month ago; I cannot say the day - I was ill at the time, and Mr. Appleton promised me a situation; I shall go to it, but I do not think proper till I have done my business in London; I did not hear that the Magistrate was about to discharge Colney till I was examined - I was applied to by an officer of the E. division to appear as a witness in the case; I believe the first time the whole of my statement was not taken down; they took a part of it - I was examined as a witness; Young came to our watch-house two days before the examination, and asked who was on duty there, and I recollected the circumstance of the prisoner carrying in the sack, and running against a boy; when I got to Hatton-garden I identified the prisoner as being the person who carried the sack - I looked in his face, and knew him - then a summons was issued for Colney to come; he did not contradict on his oath, every word I said - he denied that the prisoner had been there that evening - I do not know whether Colney was charged as a receiver; I was not present all the time of the examination - I did not see what he said taken down in writing; he was allowed to go home after it was settled- I only saw him once at the office; I have seen him several times at his shop in Strutton-ground.

Prisoner's Defence. I could not call my witnesses to character together, the case has come on so quickly.

ROBERT COLMEY . I live at No. 50, Strutton-ground, Westminster. I received a summons to attend before the Justice when the prisoner was to be examined; it was a fortnight or three weeks ago; I cannot say whether I was summoned as a witness or charged with any offence; I do not think the summons specified that, it ordered me to be and appear before the Magistrate; I was not taken into custody - no charge was preferred against me - I saw Mr. Collingwood there; I do not recollect that he told the Magistrate I was the receiver - I was examined and sworn by the clerk; the prisoner was before the Magistrate at the time - I did not sign any thing after I was sworn; I heard the officer state that he saw the prisoner carrying a sack into my house on the night of the 25th of February, but I do not know what I was summoned for, and I think he was mistaken - it was not true; I told the Magistrate it was not true; I was allowed to go home - I did not see the prisoner on the night of the 25th of February, nor for twelve months before, or longer.

COURT. Q. What is your trade? A. An oil and colourman; I recollect that on the 25th of February I received some logwood of a person over the water - I mentioned it to him, and he recollected it perfectly well; the young man who brought it is here - I asked him to step with me;

he was decently dressed, but I really cannot tell what coloured coat he had on - he had no smock-frock on; I have melted fat.

[April 8.] GUILTY - DEATH . Aged 22.

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